IANAL. That said, the judge would need to determine the former. The latter would lead to a lot of inquiries as to why the officer was taking selfies instead of stopping a murder.
Look, it’s a photo in the end. That the photographer is the main subject is of little consequence in the end. Would any photo of a murder be admissible evidence? It depends on the trial and the judge. Do dashboard cameras record things without warrants? You bet. Is that sometimes admissible? You bet. Are they sometimes thrown out? You bet.
So, the answer would be maybe. Depends on the case. You know law, it’s filling in the grey areas as best it can.
