First things first, never request dash cam or body camera footage in person. There are a few reasons for this that we’ll discuss later in the article. Either have an attorney do it for you, or write a letter to the law enforcement agency.
We realize writing a letter may seem like the ‘old way’ to go about anything, but you’re going to want the hard copy of multiple things other than the footage. The ‘Disclosure of Law Enforcement Video Footage’ public records laws vary from state to state, but the best way of obtaining it is to do so under the radar.
State-by-State Video Footage Legislation & Policies
The map below provides an overview of state legislation and police department policies in relation to public records laws and public access to dash cam footage, as well as police body worn cameras (“BWC’s”) in the US.
This map is originally based on the Police Body Cam Legislation map originally created by RCFP.org and was last updated by Dash Cam Discount to clarify laws for dash cam footage specifically on 3/14/2024.
As you can see, the laws and policies vary widely across the country. States like California and Florida have relatively open policies, while others, like Massachusetts and New Hampshire, have more restrictive laws. Familiarize yourself with your state’s specific legislation before proceeding with a request.
Differences Between Dash Cam & Body Camera Requests
While some states consider these two types of footage to be legally equivalent, others have distinct laws and policies governing their release. Generally speaking, dash cam footage is easier to obtain than body camera footage, as the latter often raises more significant privacy concerns.
Requesting Dash Cam Footage from Police
As previously mentioned, dash cam footage is easier to request, however there are some states which prohibit public disclosure of vehicle video if there’s litigation pending. However, this prohibition doesn’t apply if you are requesting the footage involved in your own case, aka if you are one of the ‘involved parties’. Our latest article goes over how long police keep dash cam videos so if you plan on requesting dash cam footage, read that first because there’s a possibility it’s deleted. There are many complexities surrounding police departments deleting videos, and you may be stressed about it for no reason.
When addressing the envelope, be sure to mark it “ATTENTION CUSTODIAN OF RECORDS” to make sure it reaches the right person. Within your letter, include a copy of your citation and write a letter stating that you’re seeking informal discovery in connection with this citation included.
Never declare your court date, only that you’re seeking informal discovery. We’ll discuss other items to include later in the article. In your letter to public records or other agencies, you should request the following things to expedite the process:
A copy of the officer’s copy of the citation, including the notes of the case on the back side
A copy of all speed surveys related to the case
A copy of all records for calibrations of all speed and BAC (if your situation includes a DUI) measuring devices used in this case
A copy of the vehicle recording related to the case
A copy of all personal recordings the officer has related to the case
A copy of ALL other evidence reports related to the case
When writing your letter, please understand that you are NOT requesting the original documents of the items listed above. Make sure you specify that you’re only requesting a copy of them.
Body Worn Camera Footage Public Records
As previously mentioned, there are many cases where body camera video is exempt. Certain state laws contain language which would prevent ‘the public’ from obtaining body worn camera (BWC) recordings. Under the protection of personal privacy, you’d have to be directly involved in the case to get access to Body Worn Camera video.
Unfortunately even if you were involved, there are some cases which would prevent you from obtaining video related to the incident (without signing a non-disclosure) if the videos in questions depicted:
- A minor
- An intimate image
- The interior of a residence where there is an expectation of privacy
- The body of a deceased person
As you can see, there are many different ways a department or public records can go about denying requests. These exemptions are in place to protect the privacy of individuals and sensitive situations. Law enforcement agencies may be hesitant to release footage that could violate an individual’s privacy or compromise an ongoing investigation.
At Dash Cam Discount, our knowledge is primarily related to dash camera related incidents, so we recommend following up with experts on Body Worn Camera videos, or finding good attorneys to address these departments.
Closing Remarks
Requesting dash cam footage can be a complex process… but understanding your state’s laws and following the proper procedures can help increase your success rate. By writing a formal letter and including all the necessary information, you can increase your chances of obtaining the footage you need to support your case.
Remember to be patient and persistent, as the process may take some time and require follow-up communication. If you encounter any challenges or obstacles along the way, don’t hesitate to seek the assistance of an experienced attorney who can help guide you through the process.
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