Q: Can requests be made to obtain video footage of arrest?
In my brother’s police report it states air support obtained video footage. The video footage was uploaded to the Foray system. Can requests be made to obtain the video footage? If so, who can request for it and how? Can police body cam video be obtained? How can we request this? He is currently incarcerated and I live out of state adding a few more obstacles.
A:
Generally yes, but you have to act quickly. I have done these types of requests quite a bit. You need his lawyer, if he has one, to (1) demand those materials in discovery from the state attorney's office immediately, (2) file a Ch. 119 Sunshine Law public records request for those materials, and (3) serve preservation letters/litigation hold letters on the appropriate entities to preserve those videos. His attorney also needs to get on the phone with the right people to make sure they actually preserve the video. The problem is that many video recordings get written over due to storage space if no one pulls them/saves them/preserves them.
With regard to the body worn camera, that exists and probably will not be deleted, but his attorney needs to request it asap. There is probably more evidence his attorney can seek if they know what they are looking for. Him being incarcerated is not a problem if he has an attorney doing this for him. He can hire one or someone can hire him one. I hope this helps.
Erik A. Perez agrees with this answer
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