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A better analogy would be, if you asked the cop how he decides it’s a gun firing vs some other innocuous cause, and his department refused to allow the records
by SilasX 4y ago
A better analogy would be, if you asked the cop how he decides it’s a gun firing vs some other innocuous cause, and his department refused to allow the records of his brain scans to be admitted into evidence to determine if he were perfectly consistent in going after gun-like sounds (assuming it were a department that had brain scans going on for officers on duty).
- throwaway17_17 4y agoBut that’s a ridiculously non-applicable analogy. Any request for such brain scans would be deemed, at least in almost all conceivable circumstances as over reach by the defense. In reality all the cop has to do is say based on his training and experience he is comfortable in distinguishing the sound of gun fire in a city environment. The proper analogy is to say that this company is not allowing for the experience and training testimony to be shown to the court. That would be how I would argue against probable cause in this case. However, as another comment in the thread discusses, this is probably not an issue since there is a heavy dose of parallel construction argument going on.