Police Body Cameras: Rights and Accountability

Years ago, when someone sued the police for violating their rights, it was their word versus the officer’s. But today, thanks to modern technology, getting video footage of police misconduct is much easier. Bodycams, also referred to as body-worn cameras (BWCs) or wearable cameras, are small devices attached to a police officer’s uniform. They are just one of the technologies that can record police misconduct in real time. 

This article explains how body camera footage can be used to support your police misconduct claim. However, getting bodycam footage and using it successfully is not always easy. After reading this article, discuss your case with a police misconduct attorney near you.

How Do Bodycams Improve Police Accountability? 

Using camera technology makes it more difficult for officers to hide police misconduct, particularly in use-of-force incidents. Bodycam advocates hoped that this increased transparency would lead to more officer accountability, improved officer behavior, decreased bias, increased public trust, and fewer citizen complaints.

In reality, results have been mixed. BWCs have produced some positive outcomes, but they have not been a cure-all to this systemic issue. While more work needs to be done to improve police oversight, bodycams have become one of many evidentiary tools that lawyers and victims now use to hold police responsible for misconduct.

Are Police Legally Required to Use Bodycams? 

There is no national law requiring the use of bodycams, so policies vary from department to department. Here is a glance at where these laws stand in the United States:

• Federal: A 2022 executive order mandated bodycams for all federal law enforcement agencies.
• State: Just eight states – Colorado, Connecticut, Delaware, Illinois, Maryland, New Jersey, New Mexico, and South Carolina – require all law enforcement officers to use bodycams. 
• Local: In the absence of a state law, implementing bodycams is up to the individual police chief or police department. About 60% of local police departments use bodycams.

However, even in places with bodycam initiatives, a bodycam might not capture every part of an incident for many reasons. Some of these reasons include:  

• An officer’s failure to turn on the camera
• An officer’s decision to turn off the camera 
• Loss of power
• Malfunction
• Poor lighting 
• Obstructions (e.g., buildings, cars, or other objects) 

Most jurisdictions do not punish officers who refuse to activate their cameras or turn them off during citizen encounters. 

How Can Bodycam Footage Help My Police Misconduct Case? 

Bodycam footage can help your case in several ways. A video recording provides an objective version of events. If the officer claims that they used force because you were resisting arrest, a video that shows you complied with orders will help your case tremendously. 

Bodycam footage can help in other ways. A body camera video might show that you confessed before the officer read you your Miranda rights. Your attorney can use the video to challenge the confession in court. 

Can Bodycam Footage Hurt My Case? 

While body camera footage can help your case, it can also be used against you. There is a chance that the same footage that helps with your excessive force claim could support a criminal case against you.  

Second, incomplete video footage is a problem. A video that doesn’t show everything that happened only tells part of the story. To win, you’ll have to hope the jury believes your version of events instead of the officer’s. 

Finally, video evidence is not wholly objective. People view bodycam footage through their own experiences and biases. Your attorney will take these considerations into account when deciding whether bodycam footage is helpful to your case.

What Are the Regulations Governing the Release of Body Camera Footage?

The laws governing the release of bodycam footage are complex. Two groups usually request bodycam footage: those depicted in the video and the general public. 

Usually, people can obtain government records by using local freedom of information (FOIA) laws. However, most states’ FOIA policies do not treat bodycam footage as public records. Even when this is not the case, disclosure laws often exclude videos of specific crimes such as domestic violence and sexual assault. And nearly all states forbid the release of footage that might compromise an investigation. These rules keep hours of footage from public view. 

Laws usually give people appearing in police videos increased rights to obtain and review recordings. However, getting bodycam footage can be difficult, and an experienced police misconduct attorney can help. 

How Can a Lawyer Help Me With Body Camera Footage?

If you or a loved one have been harmed by police misconduct, you have rights. Bodycam footage protects those rights, but obtaining it can be difficult. However, a police misconduct lawyer can help you access body camera footage. Once you get the footage, a lawyer can also: 

• Review the video to look for civil rights and constitutional violations 
• Craft a legal strategy 
• Investigate the officers and department involved

If you need help with a police misconduct case, use the LawInfo directory to find a police misconduct lawyer near you.