MEMORY. As a human, your ability to recall is unlike video and other recorded data. Memory is more like a series of photographs with some clear, some not, and many missing. Memory is unreliable and is influenced by emotion, perception, expectations, and selective attention. Humans unknowingly fill in memory gaps with assumptions based on prior experiences. After tense, uncertain, and rapidly evolving circumstances, your memory may be inaccurate. You may not accurately remember many details (even important details) including your own actions; others’ actions; statements, commands, and exact positioning.

ATTENTION. Human attention is limited and selective. You may not see, hear, feel, or smell what later seems to be obvious when you are focused elsewhere.

PERCEPTION DISTORTION. Your perception is colored by your expectations based on prior experiences and other factors. The greater the stress, arousal, or trauma, the greater the risk of distorted perception. Distortion can occur with all senses. You may see, hear, feel, or smell things differently than they are and may be unable to accurately gauge distance or time.

VISION. A human can clearly see only a very narrow visual angle. Under stress, you may not see anything beyond what you are focused on. The is sometimes referred to as “tunnel vision.” You may not see in your periphery and may not see things that your brain has determined are unnecessary for immediate survival.

HEARING. Under stress, you may not be able to hear even loud and clear sounds that may seem obvious later. Your brain focuses on things that it determines are more important or necessary for survival.

REACTION/MOVEMENT TIME. When reacting, you must first perceive, decide, initiate action, then complete the action. Each of these processes take some time. An officer may not be able to cease an action in an instant that has already been initiated even if circumstances may have suddenly changed.

LIMITATIONS OF VIDEO. Most in-car and body cameras record a field of view that is much wider than a human being can focus. Cameras record in only two dimensions, from a different point of view, and at slower speeds than a human can perceive. Video may not record important movements and other subtleties and may differ significantly from what was perceived.

This should not be construed as advice for any specific situation. Please call for specific legal advice based on the unique facts of your situation.

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