San Diego Criminal Lawyers Blog
More than 1,100 San Diego police officers are now outfitted with body cameras, and the San Diego County District Attorney’s office received more than 100,000 body-camera videos from police across the county since 2016. Body cameras were initially intended to be a transparency tool to reassure the public that their police force follows the rule of law. In other words, body-worn camera footage is now a staple of San Diego’s police force, yet members of the public have not been able to view it.
In fact, even after a trial is complete, it is nearly impossible for members of the public to access body camera footage. Police agencies claim that they withhold body camera videos from the public to preserve the accused’s right to a fair trial and to avoid tainting the jury pool.
Public Records Requests
Neither the San Diego Police Department nor the San Diego County district attorney’s office provides body camera footage through California’s open records laws. Instead, a requester has to go to the Superior Court where the trial is held, where copies of the video are kept in the evidence room. Even then, seeing the video requires a court order.
When the Evidence can be Viewed
Since police footage is next to impossible to obtain, there are only a few ways a defendant can see his or her own video.
- If the prosecutor uses the body camera footage as evidence to try to obtain a conviction or compel a plea deal. The footage gets shared as part of the discovery process.
- Prosecutors may share the tape during trial as part of the evidence.
- If the District Attorney releases the video. The SDPD last year released a policy that provides a path for releasing videos of officer involved shootings in cases where no charges are being filed against the officer. This policy states that the district attorney has to by default release the video.
- If you file a citizen complaint against the cop. The police may be willing to release it to prove their innocence.
San Diego Police Accountability and Criminal Defense Attorney
The Law Offices of David M. Boertje handles all misdemeanor and felony criminal cases, including cases of police misconduct as they pertain to your charges. Mr. Boertje figures out the best avenue to advocate for you and defend your constitutional rights as well as your right to view your own body cam footage. We will ask for a court order and do everything we can if we have reason to believe body cam footage can help prove your innocence. If you have been arrested or charged with a misdemeanor or felony, do not wait to contact our office today. Our consultations are free and confidential.