Q: How do I obtain access to the bodycam footage from my arrest? Do I have to have a lawyer request it?
I have reason to believe my rights were violated during this incident and I would like to review the footage and decide if I should proceed with a lawyer. Can only lawyers get a subpoena to view evidence?
A:
In California, you have the right to request access to the bodycam footage from your arrest. You do not necessarily need a lawyer to make this request. Individuals can request public records, including police bodycam footage, under the California Public Records Act (CPRA).
To obtain the footage, you should contact the law enforcement agency that made the arrest. Submit a written request specifying the date, time, and location of the incident, and any other details that will help identify the correct footage. Be aware that there may be restrictions or redactions to protect the privacy of others or ongoing investigations.
If your request is denied or you encounter difficulties in obtaining the footage, you may then consider hiring a lawyer. An attorney can help navigate the legal system, potentially file a lawsuit for the release of the footage, or use a subpoena to obtain it if you proceed with legal action.
It's important to act promptly, as there might be time limits for the retention of bodycam footage. Also, having an attorney can be beneficial in reviewing the footage and advising you on whether your rights were violated and the viability of any legal claims.
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