Body cam footage is nothing new to the public, as judges often release footage of high-profile cases to curb public outcry and offer judicial transparency. We have worked with all kinds of different evidence-based materials for a wide range of cases, but bodycams have emerged as one that can tell a story more clearly than most other forms of evidence. People often wonder, “Will the Body Cam Footage Help My Case?” The short answer is, it depends. 

Ultimately, the body cam footage provides a clear picture in most cases and is something your lawyer will certainly use as either a means of your defense or the evidence on which they will build the defense. 

In this blog, we will take you through the process of how it works when your criminal case needs to obtain bodycam footage for your defense in New York State.

Why Bodycam Footage Matters To Your Case

When someone is arrested, bodycam footage acts as a major piece of evidence that captures what happened in the initial encounter with law enforcement. It might also capture any statements made by both parties when police searched someone or the general interactions between the police and the person/people being arrested.

For a defendant, sometimes not everything is accurately or even fully reflected in a police report. Bodycam footage can support the prosecution's version of events, but that doesn't mean that it might not also reveal those inconsistencies or omissions that would help support the defense.

Inside New York State's discovery laws, they recognize the importance of electronically recorded evidence. Specifically, this comes from Criminal Procedure Law § 245.20. It states that the prosecution must provide evidence related to the charges or the defense. In this state, video from body-worn cameras, dashboard cameras, or other types of surveillance footage must be included to help with discussing discovery timing.

How Does an Attorney Receive Bodycam Footage

In a criminal case, the defense counsel will generally seek bodycam footage through the discovery process, while additional preservation requests, investigations, subpoenas, or court orders may sometimes be appropriate depending on the circumstances.

In New York State, the discovery statute will place a significant number of responsibilities in the hands of the prosecutors. The information that law enforcement receives related to the prosecution is treated as being within the prosecution's possession for purposes of discovery. The prosecution will also have to make sure that they put effort into presenting the discoverable material that exists. 

Another New York Criminal Procedure Law § 245.55 addresses recordings from police. When bodycam footage is made in connection with a crime, the police officer must notify the prosecution of their footage, and then the prosecution must preserve it.

For police departments here in Buffalo, their policy states that bodycam footage will need to be retained for at least 6 months. If a recording is determined to be evidentiary and needed beyond that period, then it will continue to exist for longer. A good defense attorney will address this part of the evidence very early in the case, and if they wait too long, it could create problems if the footage is subject to an ordinary retention period.

What Happens if Bodycam Footage Isn't Turned Over?

Now, what happens when the bodycam footage isn't given over to the case? If by chance the footage isn't included, the defense can raise the issue with the prosecution and, when necessary, ask the court to order disclosure of it or give an appropriate remedy. As we said, the discovery laws of New York State require that this happen and that it be disclosed. Late disclosure does not automatically require dismissal. The court will instead consider the circumstances and prejudice addressed by the defense.

Under New York Criminal Procedure Law § 245.80, some remedies can be included:

• Additional discovery

• Recalling a witness

• Preclusion of evidence or testimony

• Dismissal (only in appropriate circumstances)

• A continuation or reopening of a hearing

• Mistrial

New York courts have addressed discovery disputes involving bodycam footage. For example, in The People vs. Michael Schlueter, the court considered whether the prosecution had exercised the required good faith and due diligence in obtaining and disclosing bodycam footage that was in the possession of the police. The decision illustrates that prosecutors have an affirmative obligation under CPL 245 to make reasonable efforts to identify and obtain discoverable material.

Why Having Experienced Legal Representation Matters

On topics like this, you will need an experienced criminal defense attorney who understands how the laws work around bodycam footage as evidence. This kind of evidence can influence the suppression of a motion, the credibility of a witness, factual disputes, and decisions about whether a case should proceed to trial.

For us at DuBois Law, we are the best type of legal representation you will find, who takes the evidence of your case seriously and will not judge. We are here to understand your story and educate you on how the law works here in Buffalo and Western New York. If you have any questions or need help with a case, give us a call or reach out to us through our contact form, and we will get back to you as soon as we can.

Bodycam Footage FAQ

Can bodycam footage prove I am innocent after an arrest?

Bodycam footage can be highly important evidence in a criminal case to prove your innocence and support your defense if it can show any inconsistencies in official reporting from law enforcement. The laws in New York State allow you to obtain this footage for your defense, and with a great criminal defense lawyer, it could help prove your innocence.

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS IS NOT LEGAL ADVICE. DANIEL DUBOIS AND ANY DUBOIS LAW ATTORNEYS ARE NOT YOUR ATTORNEYS UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.