Asked in Civil Rights, Constitutional Law and Criminal Law for North Dakota

Q: I am in Jamestown ND How do i view police body cam and video taken?

1 Lawyer Answer

A: I will address your question and add additional information that may be helpful. However, as a criminal defense lawyer who offers services throughout North Dakota, I strongly caution you not to handle a criminal case on your own. Criminal law is among the most complex areas of law and, consequently, it easy to accidentally damage your own case. With that being said, you will need to make a Rule 16 Discovery Request. This is the type of request that attorneys make to obtain the evidence against a criminal defendant in North Dakota. Once the request is made, you may need to press for the disclosure of evidence you are entitled to that has not been provided. You would also be wise to send a preservation letter so that evidence is not spoiled. In some circumstances, you may need to visit the offices of the agency holding the information for the purpose of inspection. You will also need to be mindful in requesting evidence or information that may fall outside the scope of a standard request and specifically request the same as to see all the evidence against you. Once this evidence is discovered, you may then move to have it excluded if doing so would be justifiable. A hearing will be held on the issue and the judge will make a ruling. This is a very high level view as much more is involved and you will need to follow the rules of criminal procedure without error. Be mindful that this information is not intended as specific legal advice, I do not represent any individual until a retainer agreement is entered into, and that this information only applies if you are personally the defendant in the case.

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