Austin, TX asked in Criminal Law for Texas

Q: What can I do to get missing police video of a arrest that would show my brothers innocence. All other video is there

It's like they cut camera off and back on after what happened and it's the only part that would show what he is being accused of, it's just cut out and we need whole video

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: His attorney should request the CAD (ie computer aided dispatch) report from the prosecution. There are two variant types of the report for Austin Police Department, but both should include the badge number of every dispatched officer and other details like which vehicle they were in, what time they arrived, and what time they departed. Check the CAD Report against the BodyCam and DashCam videos to figure out exactly what is missing. His attorney can obtain a copy of the written policies and procedures of the arresting agency and those will explain what officers are required to record and when they are allowed to turn the camera off. Unauthorized blank spots may indicate foul play on the part of the officers, but may also be simple negligence. Sometimes important conversations are recorded by the DashCam even if you don't have a clear view of the action. Read up on 'spoliation of evidence' if there is proof that a material recording was intentionally destroyed.

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