What is the current Florida law on the disclosure of the edxistence of Black Boxes and accessing the informati
- ParaNYCLv 41 decade agoFavorite Answer
"What is the current Florida law on the disclosure of the edxistence of Black Boxes and accessing the informati"
The quick answer to your question is "Event Data Recorder (EDR) evidence is admissible in court."
"Matos v. Florida, Fourth District Court of Appeals, Case No. 4D03-2043, Opinion Filed March 30, 2005. [899 So. 2d 403; 2005 Fla. App. LEXIS 4359; 30 Fla. L. Weekly D 859]
This is the Appeals Court opinion on the admissibility of EDR evidence. The conviction was upheld and EDR evidence found to be admissible. The opinion includes an analysis on a Frye issue. The Florida Supreme Court declined to hear the case on Sep. 12, 2005, Case No. SCO5-887. [Matos v. State, 2005 Fla. LEXIS 1960, Fla., Sep. 12, 2005]"
In that case, Edwin Matos was found guilty of manslaughter resulting from an automobile accident in which two 16 year old girls were killed as Matos collided with them as they pulled out of a driveway in their vehicle. Matos was driving around 80-90 mph in the 30 mph. zone-- a residential neighborhood-- and the EDR recorded the vehicle at a speed of 114 mph four seconds before the crash and 103 mph one second before the crash.
There does not appear to be any statutory law on EDRs in Florida at this time.
As the Florida Supreme Court denied hearing on the case of Matos, and where many states are allowing EDR evidence to be admissable (see the site below), it's likely that the common law allowing EDR evidence to be admissable in court will stand unchanged.Source(s): http://www.harristechnical.com/cdr5.htm