http://www.jurist.org/paperchase/2016/0 ... ootage.php

The NC Guv signed a law on Monday making police body camera footage protected in the sense that it will require a court order for release.

Tentatively, I think I agree with the concept, since police are more likely to want to use the body camera all the time if they know it will not be easily put on YouTube or be an easily accessed tool for embarrassing officers.

I also am in favor of an unpaid civilian oversight board for all police agencies to provide a non-police viewpoint on officers under investigation. I would want the police civilian oversight board to have easy access to police body cameras without a court order.

The ACLU wants police body camera footage to be a public record, with access to the footage by request. What say you?

Public record. No different than a 911 call IMHO.

Public record.
Same should go for car dashcam and the police report.

Just like the police tell citizens, if you have nothing to hide why are you not cooperating....

Public record, accessed via dept website, free to download.

If the cops are "embarrassed" by their actions then they shouldn't be doing those things.

I agree that all police recordings should be freely accessible. Perhaps watermarked per download with a library account ID or similar so that if abused there's a trail to follow but as has already been said, these are our employees. They have life and death power over us, and their history shows a strong tendency to cover up, to protect their own even if in so doing they subvert justice and the public interest. The videos should work both ways, not just to aid in prosecution.

You might be able to request it under FOIA but the tricky part might be identifying the camera on the form.

It may be treated differently or you may experience "unforeseen delays" if trying to acquire footage that may be used as direct evidence in some legal action.

a_canadian wrote:I agree that all police recordings should be freely accessible. Perhaps watermarked per download with a library account ID or similar so that if abused there's a trail to follow but as has already been said, these are our employees. They have life and death power over us, and their history shows a strong tendency to cover up, to protect their own even if in so doing they subvert justice and the public interest. The videos should work both ways, not just to aid in prosecution.

Agree with the account ID and or watermark. In this age of facebook and youtube going viral, it would be easy to alter out parts not giving a clear chain of events.

I intentionally abstained from posting until several Members had a chance to voice their Thoughts.

My post will probably shock many b/c of my near Universal Stance on Transparency. But Police Docs should generally be considered Internal and Off-Limits during an Investigation or even General Administrative Actions.

I agree that Dash Cam footage should be freely available upon filing a FOIA on a website. DashCams are Public Property and aren't subject to the Personal Exemption Clauses of the Constitution. They record in Public Places where anyone could reasonably go. So they are an Independent Witness that should be freely accessible.

911 calls similarly shouldn't be Public Record. They should be available only upon the Callers' Request or Court Order. They deserve the same Consent Restrictions as Physicians, Attorneys, and Therapists must give to Clients. Callers are by Nature highly stressed and not often thinking clearly. They should be "Guarded Speech" rather than 'Public Outcry.'

The CommClerk is acting as an Attorney when taking the Call. The fact that they are Taxpayer-funded is irrelevant. So are Public Defenders. So are Public Clinic Doctors/Med Staff.

But Body cams are covered under various Case Law and Statutory Exemptions. 1st, 4th, 5th, Amend and Privacy Laws mean that info that an Ofr collects shouldn't be open Public Info. They are the Personal Observations of the Ofr and as such covered under Garrity, et al.

They should only be used for Admin Review or possibly unsealed by Court Order. They should also be available to Defendants charged w Crimes during Discovery.

But general Public Availability would hamper our ability to function. We would rarely make stops and would take 3xs or more longer to resolve a Call for Service. In that case, Drs and paramedics should wear BodyCams so that Tort Lawyers can sue every time they see something that appears strange to them, based upon their lack of knowledge concerning Police Procedure, Dept Policy, etc.

I have no problem w Civs wearing their own body cams. Then they have a record of our Interaction and can post it on YouTube for every one to critique. I was always upset whenever someone prevented Civs from vid'g us during an Encounter or Investigation. I'm glad that the Law evolved to allow Civs to rec our actions.

But we go places that Witnesses and Victims deserve Privacy. In their homes, in intimate settings, sometimes people are barely (or non) clothed, they are generally at their Worst whenever we arrive.

So Privacy for Ofr and Civ are needed. BodyCam footage should be considered "Protected Internal Police Docs" and not available unless Court Order or Motion for Discovery.
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I think that a 5 person Civ Review Panel should be instituted in ever Dept/Agency. Preferably a Pastor, Elder Lawyer (to provide Legal Context to Moderate Discussions and Findings), Journalist (web), Retired Senior, and maybe a Teacher or some other unrelated Profession.

But of course, it should be a rotating panel that the Community decides. Maybe even a Balloted Position. That way everyone gets to help decide who voices for them.

Like the County Precinct Commissioners, Water Board, School Board, and other empaneled Positions.

whiterussian1974,

Great points. As an X-Paramedic/MICT and retired ER PA-C, understand.

Post-adjudication only. It's the only way to avoid it being tried in the media rather than the courtroom.