Q: Must body cam footage that I requested of a sheriff who arrested my friend for public intoxication be disclosed to me?
Her 1st court date is next week. We believe its wrongful arrest.. She was emotional and crying after an argument with her camping partner, who drove away temp leaving her at convenience store. Sheriffs then pulled up and engaged with her as she sat out by the curb. She stated she had 1 drink about noon but was not drunk at all, simply emotional, but sheriff thought she was drunk and took her in to the drubk tank. Charged with cpc 647(f).
We want video of arrest so I made public records request for body cam footage of arresting officer. They responded asking me to
"Please provide additional details about your role in this report or explain why you need it."
Would footage be refused since im not a party to the incident? Need my friend request it? Or a public defender (when she gets 1)?
Is video exempt ala CPRA?
Can I get any police report stating "factual circumstances surrounding the arrest" prior to court date? Should she ask?
Hoping charges dropped before arraignment
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, obtaining body cam footage may be challenging if you are not directly involved in the incident. The California Public Records Act (CPRA) allows the public to access records, but certain exemptions exist, especially for ongoing investigations and privacy concerns. Since you are not a party to the incident, the request might be denied unless you provide a compelling reason or demonstrate how you are directly affected.
Your friend, as the subject of the footage, can request the video, and this might have a higher chance of being granted. If she has a public defender, they can also request the footage as part of the defense preparation. Having legal representation can significantly increase the likelihood of obtaining necessary evidence.
Regarding the police report, your friend can request a copy of the "factual circumstances surrounding the arrest" before the court date. This information is crucial for preparing her defense. Promptly making these requests can be beneficial, especially if you aim to have the charges dropped before arraignment.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
