Nationally, red light traffic cameras continue to plague many communities and states with legal challenges as well as tying the hands of the police when solving serious criminal investigations like murder. In the meantime, the detective work and prosecuting attorneys must wiggle their way through the legal quagmire of limitations in regards to red light camera’s documentation when solving crimes in states that have limited its use.  According to the Governors Highway Safety Association, 12 states have laws limiting the use of speed and red light cameras beyond the traffic enforcement.  In a recent USA Today article entitled, Questions Cloud Red-Light Camera Issue provides an overview of some of the legal issues about whether red-light cameras are a safety enhancement or easy cash revenues for the 555 communities throughout the country or another major legal concern of privacy.  Joseph Giglio, a professor at Northeastern University's College of Business Administration who studies transportation said, “Many people who are opposed, while they may appreciate the safety benefits, the security benefits and the opportunity to raise revenue, they're opposed to the intrusion on their privacy.”  In another document featuring red light and speed cameras concerns nationally that was compiled by Insurance Institute For Highway Safety, Highway Loss Data Institute, A Summary of Decisions Concerning Camera Enforcement illustrates the various legal tentacles of the red light and speed camera issues today.

Whereas in Washington State, one of the few states to bar the use of red light camera in criminal investigations, the King County, Washington, Prosecutor, Dan Satterberg, who advocates revising the existing law to allow footage for non-traffic investigations states "there has never been an expectation of privacy in public. There should not be a bar to criminal investigations looking for the movement of cars on public streets.”  In The Seattle Times (6/30/2012) article, the Seattle Police Department sees good leads or perhaps the keys to solving several recent murders if they could view footage from red light cameras nearby.  According to State Sen. Mary Margaret Haugen, in this article she states, “The section of the law that prevents police from using the photos in criminal investigations was drafted to appease those who feared the erosion of privacy rights.” And it reads: "No photograph, microphotograph, or electronic image may be used for any purpose other than enforcement of violations under this section nor retained longer than necessary to enforce this section."

Jetting across the country to the opposite corner of the country, where in Florida, The 5th District Court of Appeal has ruled on July 6, 2012, against the city of Orland0 and its red-light camera system, stating that it did not have the power to pass an ordinance to establish a red light camera system in 2008 since it violated Florida Statues, Section 316. In this Court’s decision, it cited “the intent of the statue has mandated that drivers stop at red light signals and provided a mechanism for enforcement. The imposition of separate and additional penalties for running a red light in a particular municipality does not fall within the specific authority of section 316.008(1) (w).”

Susanne L Woodford, Freelance Writer