When you’re a victim of police misconduct in Southern Missouri, civil rights attorneys can help you hold law enforcement accountable. Body camera footage is often valuable evidence in a police misconduct claim.
Today, many law enforcement agencies across the United States require that officers wear body cameras. This footage is often an objective depiction of events, compared to police reports and eyewitness testimony—but who has access to this footage, and how can it be used in legal claims?
What is Police Misconduct?
Law enforcement plays a critical role in keeping the public safe. When law enforcement officers fail to perform their duties appropriately, it can have serious consequences.
“Police misconduct” is a broad term encompassing unethical or illegal conduct. Police misconduct includes violating the Constitution, federal or state laws, and local department policies. Consequences for misconduct can vary. They may involve department disciplinary actions, civil damages, and criminal charges.
How Body Camera Footage Can Help a Police Misconduct Claim
Body-worn cameras (BWCs) are a way to promote transparency and accountability for both officers and citizens. Body camera footage is direct evidence that can help prove or disprove claims of unlawful arrests, racial profiling, excessive force, and failure to provide medical aid. The footage can also refute false police reports or conflicting witness statements. Depending on the case, it may help attorneys demonstrate a pattern of misconduct throughout the department.
However, the camera footage alone may not conclusively prove a claim. Because BWCs are usually fastened to an officer’s torso, helmet, or glasses, the footage is often limited. Unlike a third-party observer, the video is taken from the officer’s perspective. The camera footage might be blurry or unclear, and the angles may make it difficult to see what’s happening. Furthermore, some officers may fail to turn on their camera, or obstruct it altogether.
Despite this, an attorney can use body camera footage in several ways. For example, reviewing timestamps can indicate whether the footage was edited or manipulated. If there are multiple cameras, they can cross-reference multiple angles and bystander videos. Lawyers often compare the video footage and police report with the department’s policies (such as use of force policies) to prove misconduct occurred.
Accessing Body Camera Footage
Laws on whether BWCs are required and who can access the footage vary by state. Missouri currently does not require law enforcement officers to wear BWCs. BWC footage is also considered “closed” (unavailable to the public) until a criminal case is concluded, unless a court orders otherwise.
Missouri law enforcement departments are subject to Missouri’s Sunshine Law. This allows anyone to request body camera footage after a criminal investigation has concluded. However, that doesn’t mean that every request will be successful. For example, the court will consider whether the benefits of releasing the footage outweigh drawbacks, such as “any harm to the public, to the law enforcement agency or any of its officers, or to any person identified in the investigative report” that might hinder investigations or prosecutions.
In other words, a department may claim that the footage is part of an ongoing investigation and cannot be released. They may selectively edit or redact footage. The department may also delay releasing footage until they can notify people shown in the footage and give them an opportunity to object.
Finally, the department may only retain footage for a limited time. It’s crucial to act as quickly as possible before the evidence is deleted.
Contact a Southern Missouri Police Misconduct Lawyer
Ultimately, body camera footage can be helpful evidence to prove a police misconduct claim—but there’s no guarantee that it will be accessible and accurate. However, that doesn’t mean your civil rights claim will fail. A skilled police misconduct attorney will help by gathering and analyzing all evidence available, from body camera footage and eyewitness testimony to department policies and police reports.
If you’ve experienced police misconduct, working with an attorney at Privette Law Office is key. Our Southern Missouri civil rights lawyers can help access body camera footage and build a strong claim. Contact our firm today to get started.