President laments tyranny of photo enforcement E-mail
Written by Fabian Cota   
The public's safety is law enforcement's primary goal and Arizona's photo radar cameras are, unfortunately, directly correlated with my profession.

When speed cameras were decided on by our government at the time, I believe the intent was to help make our streets less dangerous. Revenue from tickets did sound attractive to police agencies, especially one like mine that is currently about 400 officers short of the national average.

However, photo radar has backfired on many levels and Arizona police agencies are left holding the bag. There is no question photo radar has caused concern from the public in which I serve.

Highway photo enforcement in Arizona will be removed on July 15th, as our state has terminated the contract after public disapproval of the system. Government should always be keenly aware they draw their mandate from the consent of the free and equal citizens we serve.

As such, police must be ever mindful that as American law enforcement, it is not enough that we simply enforce the law. We must endeavor to fulfill our duties in a manner consistent and true to the principles we hold so
dearly as Americans.

This means minimal intrusion on the personal liberties of citizens.

Police should strive for methods with minimal impacts to personal liberties. Privacy, freedom, and the right to be left alone are all concerns raised by use of photo radar.

Whereby public trust is an integral and indispensable to the fulfillment of our duties, we should not partake in enforcement activities that erode that trust.

There are other legitimate concerns that weigh heavily against photo radar. First, our current system encourages unlawful behavior.

It rewards people who do not update their Motor Vehicle Department (MVD) records as required by law and punishes people who keep MVD apprised of their address. There are inequities in service of local people but not those from out of state.

Secondly, company registered vehicles who receive the ticket are free to do whatever they deem reasonable, while vehicles registered to individuals have no such luxuries. Photo enforcement discriminates against law-abiding citizens.

There also is a concern for the right against self-incrimination.

A person should be free to not say a thing, instead of being mailed an official court document stating you either certify it is not you and identify the person, or admit it is you. Where is the box that says "I choose to assert my right to remain silent"? Clearly, the Fifth Amendment is not available to anyone receiving such a citation.

Staring at the menacing camera as you drive by is a reminder big brother is watching. I cannot help but escape the feeling I am being watched, and I have done nothing wrong. Photo radar simply breeds mistrust in government.

While video and cameras certainly have a role to play in law enforcement, that role should be clearly defined and conform to the expectations of the citizens we serve.

I speak to residents on a regular basis, and not one have been opposed to using cameras or video to catch the REAL bad guys on our streets.

For example, not one citizen I have spoken with has been opposed to using camera or video technology to go after the 38,000 people with outstanding warrants in Maricopa County, find an assailant that just fled from a bank robbery, record illegal activity in a neighborhood or even catch a drunk driver behind the wheel.

Nevertheless, photo radar will never replace a street cop.

Police officers can alter a driver's behavior and assist in creating a safe driving atmosphere for the citizens of Arizona. Their physical presence gives the ability to educate a driver. Cameras lack that ability, along with ascertaining sobriety or checking for warrants.

Photo radar may be a wonderful tool, as would be installing monitoring devices on everyone's automobile. However, it is just plain unpatriotic and un-American.

We should, as free citizens, be able to proceed with everyday life unmolested by our government, nor should I have to worry about such an intrusion.

Liberty and freedom certainly come to mind, regardless of any photo radar statistic.

The public ultimately sits in judgment of the success or failure of our police service endeavor and I would not have it any other way. It is in everyone's interests, including police agencies, to not support technological systems the public has a lack of trust in.

Fabian Cota is president of the Mesa, AZ Police Association


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