New Mexico Police Chief Alleges Body Cam Deactivation for Constitutional Rights
A police chief in New Mexico told investigators he intentionally left his body camera off after he crashed into another driver earlier this year, citing his Fifth Amendment right against self-incrimination, according to a new internal investigation.
“It blew my mind because it’s so preposterous,” lawyer and former Albuquerque police officer Tom Grover told KOAT last Friday.
The Incident that Sparked Controversy
On the fateful morning of February 17, Albuquerque Police Chief Harold Medina, accompanied by his wife, was driving an unmarked police pickup truck. They were en route to a press conference when they encountered a disturbing scene. Medina described that two individuals began fighting right next to their vehicle. In a shocking turn of events, one of the fighters brandished a gun and fired a shot. This was a chaotic moment that surely disrupted the ordinary flow of their day.
Collision and Consequences
Surveillance footage tells a harrowing story. After the gunshot, Medina accelerated straight through a red light, navigating his truck between two other vehicles. The aftermath was catastrophic; Medina’s pickup collided with a Mustang, resulting in severe injuries for the other driver. The trauma included eight broken ribs, a fractured collarbone, and even a collapsed lung. A local hospital became the setting for a significant portion of this driver’s recovery journey, underscoring the gravity of the event.
When questioned by investigators about why his body camera did not capture the crash, Medina claimed he activated it only “to prove he had it with him.” However, he reasoned that he deliberately chose not to record the incident due to his constitutional right to avoid self-incrimination. This logic has left many questioning the ethics of such a decision.
Legal and Ethical Ramifications
For Tom Grover, a seasoned attorney and former police officer, Medina’s assertion is akin to a “nuclear bomb.” The implications of invoking the Fifth Amendment while on duty appeared ludicrous to him. “The notion that he has a Fifth Amendment right would suggest that he’s in custody,” Grover pondered aloud to KOAT. “He’s not in custody. He’s at work.” Such reflections highlight the delicate balance between legal rights and the responsibilities officers bear in their line of duty.
Department Regulations and State Law
The investigation underscored that Albuquerque Police Department policies explicitly prevent officers from turning off their body cameras during “mandatory recording incidents.” This directive aims to maintain transparency and accountability, especially in situations that could become criminal investigations. Following the incident, Medina faced reprimands—one for unsafe driving and another for failing to document the crash, raising questions about adherence to protocol.
According to New Mexico state law, the activation of a body-worn camera is mandatory when an officer responds to any service call or engages in any law enforcement encounter with the public. Officers cannot deactivate these devices until such encounters are concluded. The weight of legal responsibility may rest heavily on Medina, with legal analyst John Day suggesting that his actions could very well breach state statutes.
Public Trust and Accountability
As this storyline unfolds, the Albuquerque Police Department has yet to comment on the internal investigation report. The community is left to grapple with not only the facts of this contentious incident but also what it signifies about accountability and trust within law enforcement. Each police report, every traffic stop from local businesses like Pro’s Ranch Market to Garcia’s Kitchen, builds a narrative that shapes public perception. How law enforcement interacts with citizens in these everyday scenarios reflects deeper societal values.
In a world where police accountability grows ever important, random facts remind us that fewer than 25% of drivers in New Mexico have never been in a crash. With stories like Medina’s making headlines, dialogue about the expectations placed on law enforcement personnel is crucial. The reflections it inspires among community members today might influence the future of policing in New Mexico tomorrow.
