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A 107 mph traffic stop carried out by a Democratic New Hampshire lawmaker has brought renewed attention to the debate over police body cameras and dashboard cameras after Fox News Digital confirmed that the sheriff’s office involved in the stop had neither.
The lack of body camera and dashboard camera footage is the subject of a lawsuit involving state Rep. Ellen Reed, who is challenging charges stemming from two traffic stops in Rockingham County, including one in which a deputy accused her of speeding 107 mph. Reed argues that both stops violated a provision of the New Hampshire Constitution that protects lawmakers while traveling to and from legislative duties.
Without body camera or dashboard camera footage, there is no official recording of the traffic stop that has sparked a constitutional fight over legislative immunity.
Rockingham County Sheriff’s Office Major Christopher Bashaw told Fox News Digital that the agency does not use body cameras or dash cameras because it does not have the funds to purchase them.
Democratic lawmaker says the Constitution prohibits police from stopping her after allegedly speeding 100 mph
New Hampshire state Rep. Ellen Reed, photographed during a political rally in 2015, is trying to dismiss two speeding cases, arguing that the state constitution protects her from arrest while traveling to or from the legislative session. (Getty Images)
“We don’t have that either,” Bashaw said when asked if deputies use body cameras or dashboard cameras, adding that the sheriff’s office would like to equip deputies with that technology.
In 2021, New Hampshire legislators established the Body and Dash Camera Fund to provide local law enforcement agencies with matching grants to purchase cameras and cover maintenance, replacement and data storage costs. All local law enforcement agencies can apply.
State law also requires agencies that choose to use body cameras to adopt policies defining when officers must record encounters with law enforcement, including traffic stops. The law, however, does not require agencies to purchase or use body cameras.
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It is unclear whether the Rockingham County Sheriff’s Office has applied for funding through the state grant program.
Reed told Fox News Digital that she has consistently supported legislation regulating body cameras, as well as funding to help law enforcement agencies purchase them. She also said she is willing to work with the Rockingham County Sheriff’s Office to ensure body cameras are funded in the next state budget.
Reed said she supports funding for body cameras, although she questions other forms of law enforcement spending, including military-grade equipment and expensive vehicles.
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She also disputed the sheriff’s office’s assertion that she recorded part of the traffic stop on her cellphone.
A police officer wears a body camera attached to his uniform. In 2021, New Hampshire established a matching grant program to help law enforcement agencies purchase body cameras and dashcams. (AP Photo/Lynn Sladky)
“They’re not true, I wish they were,” Reed said. “Officers who are not comfortable wearing/using body cameras are the reason I invest in a dash cam.”
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The sheriff’s office misunderstood what happened during the stop, Reed said. She said she did not record the meeting and that a witness who overheard the conversation on a cell phone later testified in court.
Reed argues that the constitutional provision protects lawmakers from delays while traveling to perform legislative duties, not from prosecution.
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“I admitted to the police officer and in court that I was driving on the highway about 85 mph,” she said, adding that she was willing to accept a speeding ticket but disputed the deputy’s assertion that she was going 107 mph and driving recklessly.
New Hampshire State House, New Hampshire State Capitol Building, February 16, 2023 in Concord, New Hampshire. (Michael M. Santiago/Getty Images)
Lawrence Friedman, a professor at New England Law School, said the constitutional provision dates back centuries and was intended to prevent lawmakers from delaying in carrying out their legislative duties, not to provide blanket immunity from traffic stops or criminal prosecution.
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“I think it’s probably not the case that this provision provides some kind of absolute immunity,” Friedman told Fox News Digital. “It’s unlikely that a court will say, ‘No, you’re absolutely immune from being arrested for a serious offense that everyone else would be arrested for, just because you’re a legislator.’
Friedman also said the New Hampshire Supreme Court’s refusal to immediately hear Reed’s constitutional challenge should not be interpreted as a decision on the merits of her arguments.
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“It is not my understanding that her appeal was denied,” Friedman said. “The Supreme Court said no because they want to see how it plays out in the trial court.”
Bashaw said the constitutional provision is intended to prevent law enforcement from interfering with legislation, not to shield lawmakers from liability for dangerous driving.
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“Saying that you’re immune from all kinds of arrests … is like saying you can drive at that speed, commit vehicular homicide and you can’t be prosecuted because you’re driving to and from session,” Bashaw said.
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Reed recognized that constitutional language could be modernized while preserving its original meaning.
“I didn’t write this constitutional provision… it was written before cars existed,” she said.
Greg Wehner is a reporter for Fox News Digital covering news and crime across the United States, with a focus on breaking news, law enforcement, public safety and important events shaping communities across the country.