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Are red light cameras constitutional?

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    Judge Napolitano weighs in on debate

  • Duration 4:04
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Those red light cameras are used in hundreds -- cities across the country to catch drivers breaking the law but some people are concerned these cameras.

Can violate your rights to due process.

And now Missouri -- is the latest to -- of those cameras are unconstitutional.

-- had an -- -- for the Fox News senior judicial analyst and joins us now judge to raise your right hand -- -- have you ever gotten caught by one of these camera -- never have OK just need to check you can see you know why -- Actually don't know what I would do I would I would probably challenge it but as we were talking in the break the cost of the challenge.

You have to hire a lawyer -- you have to hire a computer expert.

-- have to get the equipment and examine the equipment the cost of doing that as far more.

On the find the 12530.

Dollars that you -- so let's talk a little bit about the due process.

Part of this -- in Missouri specifically the due process was at issue I guess -- that the court had a -- -- -- procedure that I just described you about a lawyer and a computer expert is what would happen if I got court with this in New Jersey where you can challenge it.

In Saint Louis you couldn't challenge that you were just getting a bill from the city as if it was an additional tax bill.

And people uniformly paying them and then people started single what are these pills for.

It was for because a camera.

-- camera not a human being on camera.

Said that you went through a stop light what so people challenged that and just late last week a judge in Saint Louis said.

It's unconstitutional.

It doesn't keep -- safe it's just a cheap way to raise more money and you didn't give people a fair trial.

Well some say it is a way to keep -- safe if you look at some statistics and you have to consider the source for this but the Insurance Institute for Highway Safety.

Sit in city that use these cameras.

Injuries -- -- -- reduced by 29%.

Double digits -- that that the roads are safer because of the cameras so how to -- -- play with -- our rights as citizens.

To get the due process you.

Your -- our rights as citizens to due process -- natural rights that come from our.

Our humanity and they are protected by the constitution of Missouri and all the other 49 states as well as the federal constitution.

And the police can't take those rights away by saying pay up.

You have the right to challenge to demonstrate.

That you didn't go through a red light or that the camera was rigged as was the case in San Diego to take a picture of you before -- light actually turned red and then pretended that you were in the intersection.

And the like it -- automatic to begin automatically get that bill in the mail.

Then would your due process -- you have due process that they said okay we caught you on camera -- inviting me to court to explain yourself before we -- this fine based on the evidence.

It's no.

We charge you with going -- -- red light and we're gonna prosecute you and attempt to prove you guilty beyond a reasonable doubt.

And among the evidence we're going to use is this photograph so you can come in and defend yourself against a photograph you don't have to prove that you.

Didn't drive MacArthur the red light the government has to prove that you did it.

And the photograph has just one element of the proof -- I have to prove that the camera was actually you think and they also have to prove that they have the authority to put the camera up there in the first place do you think these cameras.

Nationwide.

Are unconstitutional.

I think -- they're just a gimmick to raise money for local governments and I'm not the only one who thinks that way.

The city of San Diego lost a hundred million dollars to people that -- that illegally find.

And to the companies from home would have -- the cameras we've -- decided to get rid of.

I only and leave a quick moment here but -- is applied -- their crimes that could potentially be caught on camera.

An observed by -- camera like the traffic camera.

Or even listen to because some of these cameras have.

Spin them.

We haven't gotten there yet but that's coming so for takes a picture -- -- in the car in the something on the front seat of the car that you didn't expect.

Would be in the photographed in the use that photograph to prosecute you probably not but they'll try.

-- -- and I only drive safely always a pleasure to return I will tragedy that they expect.

John would you.

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