Body cameras are quickly becoming standard issue for law enforcement offices, just like guns and badges. Their use has changed the policing environment as we know it. Body-worn cameras are intended to create a factual visual record of all interactions between the public and police officers.
Growing concerns about police misconduct have led to the increasing use of body cameras. These devices play a huge role in ensuring accountability among law enforcement officers and members of the public.
Officers are less likely to go against department guidelines when they know they are being recorded, and civilians are also less likely to make false reports when there’s a visual record of what transpired.
This article discusses how criminal defense attorneys use body camera footage in cases, especially when challenging police misconduct. It will also go over evidentiary issues arising from such cases.
The Role of Body Cameras in Law Enforcement
According to a report published by the Bureau of Justice Statistics, close to 50% of all general-purpose law enforcement agencies in the US had acquired body cameras back in 2016. This figure went up to 80% in larger police departments.
Intended Benefits
The widespread adoption of body-worn cameras (BWCs) is intended to give rise to a variety of benefits, including:
- Accountability: Video footage recorded by body cameras can be used to hold officers accused of misconduct accountable for their actions.
- Transparency: The cameras provide transparency by capturing objective video accounts of any and all interactions between the police and citizens.
- Protection of both officers and civilians: Body cameras can deter troublemakers from persisting in behavior that might land them in trouble. These devices help keep civilians and officers safe by de-escalating volatile situations.
Challenges and Limitations
Even with these benefits, the use of BWCs is hampered by several challenges:
- Associated Costs: The cost of buying and maintaining BWCs tends to be high.
- Data Storage: Law enforcement agencies may struggle with the storage and management of the large amounts of data collected by these devices.
- Privacy Concerns: Recording members of the public without their knowledge may be seen as an infringement of their privacy.
Using Body Camera Footage in Defense Cases
Using body camera footage in defense cases can provide critical, objective evidence, helping to challenge the prosecution’s narrative, verify witness testimony, or expose inconsistencies in police accounts of the incident.
Accessing Body Camera Footage
If you intend to use body camera footage in your defense case, you must follow official means to obtain it. The process to obtain this footage varies by jurisdiction. In general, you can request a video recording by submitting a request through the Freedom of Information Act (FOIA). Alternatively, you can check local government portals or official police department websites.
Bodycam footage is evidence, subject to the rules of discovery. A police department unwilling to release the footage must argue its case before a judge.
Key Evidentiary Value
BWC video recordings are a reliable source of objective evidence. They help reduce reliance on subjective testimony by providing factual video accounts of events. This evidence can be used to throw out any claims solely based on the perspective of law enforcement officers.
Challenging Police Misconduct
BWCs allow interested parties, such as citizens and lawyers, to hold law enforcement officers accountable for their actions. The real-time footage can be used to identify and challenge instances of misconduct involving illegal searches, excessive use of force, and improper procedures.
Evidentiary Issues with Body Camera Footage
The following are issues that may arise when using body camera footage in a criminal defense case:
Incomplete or Missing Footage
Body cams only record what the officer wants. Malfunctions, intentionally or unintentionally failing to activate the camera, or data loss can lead to gaps that may be vital to the case.
Footage Interpretation and Context
Interpreting BWC video records presents various hurdles. Common issues include context, perspective, or absence of critical information and/or sound. To avoid misleading viewers in such cases, a seasoned attorney will strive to clarify or even exclude incomplete or misleading footage.
Chain of Custody and Authenticity
To prove that the evidence has not been selectively edited, altered or tampered with, a chain of custody must be established. The authenticity of footage can be established through timestamps and metadata embedded in the video or testimony of the officer wearing the camera.
Privacy and Admissibility Concerns
To be deemed admissible in court, BWC video must be authentic, relevant to the case, and capable of proving or disproving the questioned facts of the case.
Legal Strategies for Leveraging Body Camera Footage
Attorneys must review and analyze video footage pertaining to their client’s case. This can lead to the identification of exculpatory evidence, misconduct, and meaningful inconsistencies.
Cross-Examination and Impeachment
Body camera footage captures video and audio exchanges between officers and suspects, witnesses, and other members of the public. Your lawyer can use it to poke holes in the testimony provided by prosecution witnesses and officers.
Using Footage to Support Defense Arguments
Video captured by BWCs can support defense arguments. For instance, the footage can demonstrate factual innocence by showing a different perpetrator. It can also support legal defenses like unjustified stops or illegal searches.
Requesting Additional Discovery
If BWC footage raises concerns about police conduct during the incident in question or is incomplete, an attorney can request additional discovery. This is done by writing a formal request for discovery.
Case Studies Involving Body Camera Footage
Body camera footage was used to exonerate a Baltimore man who had been languishing in jail for months under suspicion of drug charges. The footage captured a police officer planting the drugs just moments before the arrest was made.
This case highlighted police misconduct. Such cases demonstrate the importance of BWC footage in modern criminal cases.
Contact Our Experienced Aiken Criminal Defense Lawyers Today
Body camera footage can be used to identify police misconduct and help defense attorneys negotiate for reduced acquittals or reduced charges. However, the availability and usefulness of video evidence may be hampered by various challenges, including misconduct occurring outside the field of view, selective recording, and malfunctions.
It is best to seek professional legal assistance if you are involved in a case that might be impacted by body-worn camera footage.
Do you think that your case may be strengthened by BWC footage? Contact Johnson, Johnson, Whittle, Lancer and Staggs (JJWLS) in Aiken, SC, to discuss how BWC footage can be used in your defense and to explore your legal options. Call (803) 649-5338 to schedule a consultation.
