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 a wrongful arrest She was emotional/crying after an argument with her camping partner, who drove away temp leaving her at convenience store. Sheriffs then pulled up, 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 drunk 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? Or should she ask?
Hoping charges dropped before arraignment
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A:
Under California law, body cam footage from a sheriff's arrest can be requested, but there are specific procedures to follow. Since you are not directly involved in the incident, your request may be denied unless you can provide a valid reason for needing it. It would be more effective for your friend, who is the subject of the footage, to request it herself. She can do this by submitting a formal request to the sheriff's department, stating her need for the footage in relation to her defense against the public intoxication charge.
Regarding the California Public Records Act (CPRA), there are exemptions that may apply to body cam footage, such as protecting ongoing investigations or privacy concerns. However, if the footage is critical to proving a wrongful arrest, your friend or her attorney can argue for its disclosure. A public defender, once appointed, will have better access to these records and can help in obtaining the footage for your friend's defense.
Additionally, you can request a copy of the police report, which should include the factual circumstances surrounding the arrest. This report can provide important details that may help in preparing for the court date. Your friend should request this report directly from the sheriff's department or through her attorney. With this information, you can better assess the situation and build a case to have the charges dropped before the arraignment.
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