What is the current state of the law on the role of the police in electronic arrest records?

California, United States of America


The following excerpt is from People v. Willis, 71 Cal.App.4th 530, 83 Cal.Rptr.2d 895 (Cal. App. 1999):

"In recent years, we have witnessed the advent of powerful, computer-based recordkeeping systems that facilitate arrests in ways that have never before been possible. The police, of course, are entitled to enjoy the substantial advantages this technology confers. They may not, however, rely on it blindly. With the benefits of more efficient law enforcement mechanisms comes the burden of corresponding constitutional responsibilities." (Arizona v. Evans, supra, 514 U.S. at pp. 17-18, 115 S.Ct. 1185.)

Justice Souter, writing a separate concurrence in which Justice Breyer joins, stated:

"I add only that we do not answer another question that may reach us in due course, that is, how far, in dealing with fruits of computerized error, our very concept of deterrence by exclusion of evidence should extend to the government as a whole, not merely the police, on the ground that there would otherwise be no reasonable expectation of keeping the number of resulting false arrests within an acceptable minimum limit." (Arizona v. Evans, supra, 514 U.S. at p. 18, 115 S.Ct. 1185.)

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