Tagged: Videotaping

Trial Procedures for Videotaped Child Interviews

In State v. Anderson, 413 S.C. 212, 776 S.E.2d 76 (2015), the South Carolina Supreme Court settled on procedures for admitting, during jury trials, the videotaped child interview conducted as part of the investigation into child sex abuse allegations.  First, outside the presence of the jurors, the trial judge determines whether the interview satisfies the […]

Read More

DUI Field Sobriety Tests Must Be Videotaped

On April 23, 2014, the South Carolina Court of Appeals decided State v. Gordon.  The Court held: Because the purpose of the videotaping is to create direct evidence of the arrest, if the actual tests cannot be seen on the recording, the requirement is pointless.  Accordingly, the circuit court correctly found that the head must […]

Read More

Finally Finishing Forensic Interviews? No, but Why and What Comes Next?

“Forensic interviewers might be useful as a tool to aid law enforcement officers in their initial investigative process, but this does not make their work appropriate for use in the courtroom.”  State v. Kromah, 401 S.C. 340, 357 (fn. 5), 737 S.E.2d 490, 499 (fn. 5) (2013).  This ruling, handed down on January 23, 2013, […]

Read More

South Carolina Supreme Court Weakens DUI Videotape Protections

Section 56-5-2953 of the South Carolina Code of Laws requires “the video recording at the incident site” to begin when the police officer activates the blue lights, “include any field sobriety tests administered,” and show the DUI arrest and Miranda rights advisement.  These protections are so important that a law enforcement agency cannot be “excused […]

Read More