Demystifying the Process of Accessing Police Body Camera Footage in the Golden State

A recording can shed light on circumstances during an encounter with the police. This definitive guide shows you how to request body camera footage in California, offering detailed insight into the rules surrounding this process and the necessary steps to get successful results.

Understanding the Context

Governed by Senate Bill 748, California's rules on body-worn camera (BWC) footage changed in 2019. Public access to records under these changes doesn't mean carte blanche permission. You would need to understand these rules and exhaust certain legal processes.

Several classifications of people may request this information, including individuals captured in the footage, the deceased's relatives, or the attorney representing an individual in the footage.

As an interested party, knowledge is power. Understand the existence and nature of these procedures to ensure a smooth request process.

The Request Process:Step-by-Step

1. Identifying the relevant force:You need to pinpoint the police department involved in the incident since each unit maintains its local records. California has over 500 law enforcement agencies, so ensure you track the right institution.

2. Filing Freedom of Information Act (FOIA) or Public Records Act (PRA) request:Depending on the circumstances, you'll file either an FOIA or PRA request. Both serve the same purpose:commanding the delivery of public records.

3. Following the rules:These requests should follow the format the specific police department uses. They often require a name, address, and a clear, detailed description of the record requested.

4. Waiting period:Once filed, the law requires agencies to respond within ten working days, notifying you if your request is granted, denied, or delayed.

Key Considerations

Request Denials:A denial can occur due to privacy (if third parties are involved), an ongoing investigation at the time of request, or if disclosure could constitute an unwarranted invasion of personal privacy.

Request Delays:If a request is delayed, it typically happens because the agency needs to consult with another department or among two or more components of the agency that have interest in the records requested. The notice should include an estimated date when the records will be made available.

Appeal Process:If your request is denied, you have the right to appeal. An appeal letter must address each reason stating why you think the denial was incorrect.

Alternative Ways

If directly requesting body camera footage hits a wall, you can consider these alternative routes:

Legal Proceedings:In case you or a relative are involved in a legal case related to the incident, your lawyer could request footage as part of discovery.

Media Organizations and Journalists:Local news stations and journalists might be able to access such footage for their own reports. They can become an ally in your quest for more transparency.

Efforts to gain access to body camera footage can be a winding road. The bureaucratic steps often seem intimidating, but with knowledge on your side, it becomes a navigable path. Despite the complexities, keep persevering. The quest for transparency and justice continues!