'Bait Car' Not Protected Under Shield Law

By: Kristina Ackermann

A San Francisco judge has ruled that the producer of a reality TV show is not protected under California's shield law, which allows journalists to maintain the confidentiality of sources and information obtained during newsgathering.

In a felony car theft case, Judge Gerardo Sandoval ordered Hollywood-based TV studio KKI Productions to turn over raw footage obtained during the filming of its reality show, "Bait Car." KKI resisted initial subpoenas for its footage by invoking the shield law, claiming that the show is a news program and its cameramen are journalists.

The raw video eventually obtained from KKI helped the defense find and interview a key witness who testified that Joseph Bullard - charged with the car theft - did not intend to permanently steal the car but was simply moving it so it would not get towed. Prosecutors then dropped the charges.

The reality show, which airs Monday nights on the cable network truTV, features a car rigged with a hidden camera, a GPS tracking system, and the ability for police officers to cut the engine remotely. Undercover officers leave the bait car unattended with the keys in the ignition; when an unsuspecting person drives away in the car, the cops are there to make the arrest, and TV cameras are right behind to capture it all on tape.

"Bait Car" has gained a high profile in San Francisco for both its cozy relationship with the police department, and for opening debate on the difference between covering the news and orchestrating it. According to a story by Lauren Smiley that appeared in SF Weekly, KKI donated two bait cars (worth $31,000) to the department and paid SFPD officers overtime compensation amounting to $200,000 to work the bait car stings. Judge Sandoval ruled that KKI's contract with the city waived the shield law.

While Bullard has gotten out of a tough predicament, others may not be so lucky. Judge Sandoval's ruling applies to only one case, not all the "Bait Car" cases. More than 30 alleged car thieves were arrested during the show's taping.