Q: Can police in Santa Barbara, CA withhold body cam footage?

A: Greetings,

Under California law, police departments including those in Santa Barbara County, have the ability to withhold body-worn camera footage in certain circumstances. The California Public Records Act allows exemptions for investigatory records, as seen in cases like City of Gilroy v. Superior Court (96 Cal. App. 5th 818), where the court upheld withholding footage under Section 7923.600, subdivision (a). This exemption might apply if the police claim the footage is part of an ongoing investigation or could compromise their work. However, as a defendant in a criminal case, you have a constitutional right to evidence that could be material to your defense, especially with a preliminary hearing approaching.

California Penal Code Section 832.7 requires disclosure of peace officer records, including body camera footage, if they relate to incidents involving potential unlawful arrests or officer misconduct. Additionally, Section 832.18 emphasizes the need to retain such footage when it’s relevant to a criminal prosecution. If the police are withholding this footage without a clear justification, their stance may not hold up under scrutiny.

To address this, your public defender can file a motion to compel disclosure of the footage, arguing that it’s essential to your defense and that withholding it violates your due process rights. The court could then review the footage in-camera to decide if it should be released. If the police are relying on an exemption, the judge will weigh whether the public interest in disclosure—especially your right to a fair defense—outweighs their reasons for keeping it under wraps. This process has proven effective in cases like City of Gilroy v. Superior Court, and it’s a step worth pursuing given the stakes in your case.

Every legal matter has its own nuances, so it’s vital to act quickly and consult a skilled law firm that can dive into the details of your situation.

Best regards,

Mario Tafur

A: Under California law, police body camera footage is considered evidence that must be disclosed to the defense as part of the discovery process. Body camera footage should "automatically be supplied to the prosecutor on your case, who would then be required to turn a copy over to your defense attorney as part of the discovery process." Your public defender has the right to request and receive this evidence.

If the prosecution has not provided the footage, there are specific legal remedies available. California Penal Code Section 1054.5 states that after an informal request has been made and if the opposing counsel fails to provide the materials within 15 days, your attorney "may seek a court order" to enforce the disclosure requirements. This is particularly important with your preliminary hearing approaching.

The police may temporarily withhold body camera footage only in limited circumstances. These include situations involving "ongoing criminal or administrative investigation that could be harmed by the release," but even then, there are time limits on how long they can withhold evidence. In your case, where no reason has been given for withholding the footage, your attorney should file a motion to compel discovery. This formal request forces the court to address the issue and can result in sanctions against the prosecution if they continue to withhold evidence without legal justification.