Is it possible for me to request a dash cam video from a police officer?

Question

I was pulled over by a county sheriff. He said I was swerving.Which was a lie as well as he lied in his report that could be proven if i had the dash cam video. I got a lawyer and he said he asked for it and the deputy said there was no video. Did the officer lie that there wasnt one or did my lawyer lie about asking for it. My lawyer didnt do a very good job at all,found out hes good friends with the judges and higher ups in the police force. I feel like I was sold out so he could get a better deal in another case.

Anthony Lowenstein · Answer

It depends on several factors.

Thomas Tomko · Answer

It sounds like your case is over, and you may only be left with an appeal if there is still time to file.  If time is up, then close this chapter and move on, because there is nothing to be done.  There is a procedure to get a video from a police car.  However, the time to request this video is shortly after the incident.  The videos are recorded over, so anything after a week week or two will be lost forever.  I am sorry you had the problem.  I hope this was helpful.

Jules N. Fiani · Answer

You should check with the police officer's superior and request his daily activity log to see if a video exists and to request it.

Stephen Freeborn · Answer

You have raised many issues in your letter:  1.       Yes, you can request a copy of the dash cam video.  This is generally a part of discovery and is often produced as part of the initial request.  However, not all police vehicles are equipped with dash cams. They have only recently become more common.  There may not be such a video in your case.  2.       As to the other facts of your case, as you have asserted, I cannot comment without reviewing the police reports and other relevant evidence.  3.       As far as your attorney is concerned, the fact that he "is good friends with the judges and the higher ups in the police force", this is not uncommon.  I have been practicing for 28 years, so yes, I am going to come to know the judges and the police officers.  We, as attorneys deal with these people on a very regular basis, sometimes daily, so a certain professional rapour is going to develop.  4.       Another issue that you have not addressed is your breath test level.  If that test was .08 or above, how you performed on the field tests is secondary.  If your test was .o8 or above and that test is found to be admissible, you are going to be convicted.    5.       Without knowing about your case, I cannot comment as to whether or not you were "sold out"; however, I will say that DUI cases are very difficult, and the facts of one's case may make them even more difficult. As an attorney, I tell my clients what they NEED to know, NOT what they WANT to hear.

Michael Chastaine · Answer

Hard to answer your question.  Not all police cars have video cams.

Andrew Subin · Answer

Most officers do not have dash mounted cameras anymore.

Michael Nichols · Answer

Yes. Request the video under the Michigan Freedom of Information Act. You should make sure to do so within 30 days or else it will be recorded over.

Thomas Mueller · Answer

It is difficult to prove that a police officer lied. The two methods commonly used are to file a Discovery Motion and to request a Police Dispatch Tape. Neither is foolproof but they sometimes yield results. If the case is over with  it may be that you have lost the right to do anymore unless you file a Motion to Withdraw your plea.

Leonard Harden · Answer

Sadly most departments in NH do not video recordings. Some states, I believe South Carolina mandate all police to have video in cruisers. I personally believe video should be mandated as it eliminates the vast majority of credibility issues. The case will likely come down to cops word and his saying you swerved over the line is likely enough to justify a stop. If you have a lawyer that you do not trust you may want to get another.  It is also unclear if your case has already been completed.  If so your ability to undo a conviction is very limited.  Good luck.

Shawn Hooks · Answer

Your attorney should be able to obtain cruiser video, if it exists, as part of the discovery process.  Unfortunately, not all cars are equipped with dash cam videos.  It will depend on your jurisdiction whether or not there is any video.

Gregory Casale · Answer

It is very unlikely that people are outright lying about the existence of a cruiser video, since it is so easy to determine if such a thing exists. Either the cruiser does or does not have a video camera. If it does, and it was not produced, your lawyer may ask for sanctions from the judge for failure to produce evidence and if the evidence was somehow "lost" or the tape over written, or the camera is purported to be faulty, your lawyer should be able to introduce evidence of these assertions at trial and let the jury make of it what they will. he judge can also be asked to impart a jury instruction about missing evidence and how the jurors should deal with it. The main issues will be 1) was their ever such evidence that was subsequently lost or made somehow unavailable, and 2) did the evidence become "missing" due to accident or negligence or outright malice. Your lawyer should be able to investigate these issues.  Regarding your lawyer's relationships with judges, District Attorneys and police officers, this is not unusual. I personally have very good relationships with many of the same positions in my local area. It arises from the daily interactions that we have with each other. Those relationships should NOT interfere with your attorney's motives in your representation. Often times, my good relationships with officers of the police, the court and the DAs and judges work to the benefit of my client, not against it. If those people respect my abilities and veracity, it is highly beneficial to my client's best interests. If you feel that your lawyer is not working in your best interests you should address this with him or her directly.

Sara Compher-Rice · Answer

Each law enforcement agency has their own policies and procedures   relating to the request of videotapes and other reports.  I would   suggest that you contact the Records Department of the agency involved   in your case and inquire about the steps you need to take to make such   request.  Typically, you will be required to submit your request in   writing.  You may also be required to submit payment, which also   varies, at the time of the request.  If you are concerned that your attorney did not make the request, you   may consider asking him or her for a copy of your file, including   copies of any requests submitted and responses received.  Oftentimes,   when no recording is available, the law enforcement agency will   provide this response in writing.  S

Craig Elhart · Answer

If it is a closed investigation, you may be able to request a copy through Michigan's Freedom of Information Act.   If the criminal case is ongoing, your attorney should be able to obtain a copy if it in fact exists.  If it did exist and was destroyed, that could raise other issues.

Cynthia Henley · Answer

In order to get the dash cam, if the State does not provide it to the defense, then the defense would have to subpoena it. You would not be able to get it on your own. If your case goes to trial, your lawyer can ask the officer (if he has denied there being a dash cam) under oath about the video. (Depending on the county, most police do have dash cams. However, many of them do not video driving factors, waiting until the talk with the driver before turning on the camera.)  The other possibility for your lawyer getting a video is that many jurisdictions have videos to demonstrate that they are acting in a race neutral manner in stopping people. You might be able to do some research to determine if that is true in your county.

James Schoenberger · Answer

If there was a dash cam video the state is obligated to provide it to your attorney. If you believe there was one you may do a public records disclosure request to the county sheriff requesting the video.

Jared Austin · Answer

It's possible there was no dash cam. Not all police departments or police units have them. It should be easy enough to prove whether or not he requested it since there should be a record of such a discovery request. Ask him for verification of this. You can request one yourself via a FOIA request from the police agency. They will have to provide you with a copy if they have one for a nominal fee. You can also FOIA request their manuals to see if they install cams into the police cruisers or ask a police officer if they use them.

Paul J. Wallin · Answer

In some cases the police do have a video of arrests or stops and in other cases they do not. The only want to know for sure is to subpoena the records from the officer.

Michael Maltby · Answer

It sounds like your lawyer already asked for the video and was told there wasn't one.  You are entitled as a defendant to have access to any evidence that is in the possession of the police.  Lawyers routinely get videos taken from police vehicles.  I don't know if there is a video or if the deputy sheriff is lying about it.  I think a good honest lawyer would be able to handle your concerns and I know from experience that most lawyers are honest.  If you are not happy with your lawyer I would suggest getting with another lawyer.  I hasten to add that as a defense attorney myself it has always helped my clients that I know or are friends with those in the court system.

John Gutbezahl · Answer

Generally, if there is a recording it would be mentioned in discovery. Some police agencies do not have dash cams. I can not answer your question about the truthfulness of your lawyer or the officer(or DA). Do you have a copy of the police report?

Michael J. Breczinski · Answer

NOT all police cars have videos in the car. In fact more do not have them than  the ones that do. It is a matter of limited budgets. Neither the cop nor your  attorney may be lying. Also if there was a video, it may not have been working.

Jeff Yeh · Answer

Get a new lawyer. Cops lying about your driving pattern is common, but it is less common for a video to be available in DUI cases. If you suspect your lawyer didn't even ask for it, you need to consider hiring a new lawyer.

Terry Nelson · Answer

Any such evidence is obtained by proper discovery request in the court proceedings.  A request to the prosecutor would result in them either providing a copy, or formally representing no video exists.  Neither the police, the DA, nor your attorney had any reason to lie about the existence of video.  Plus, it would be too easy to catch them in a lie. Unless you have actual evidence there was video, and it was running at the time, and it wasnt overrecorded in a loop, and it was saved, then you have no justification to claim a lie.    BTW:  many, if not most, attorneys have friendships and socialize with other attorneys, prosecutors, judges, police, court clerks, etc.  That does not mean they are unethical.  That means they have similar social circles, and most probably joke about the clients lack of understanding of the system. Throwing around allegations that you were sold out so he could get a better deal in another case only makes you look bad, not him.  Attorneys and DAs would never ethically do so, and wouldnt need to.  There are plenty of cases, and they each stand on their own merit.  If you arent happy about your relationship with your attorney, that is a separate issue I cant comment on.  Any client that loses is tempted to blame the attorney and claim he did a lousy job on this great case.  You could always have gone to trial rather than take a bad deal you were unhappy with.

Edward Blum · Answer

Yes.  I always request the dash cam.  Some agencies, like CHP have them, some don't.  It can really illuminate just how sketchy the reasons for pulling you over were.   Weaving as reasonable suspicion is hard for them to prove.  The cases, U.S. v. Collins in particular, are pretty good on what qualifies as weaving in California.

Matthew Murillo · Answer

Not all patrol cars are equipped with a dash cam. If the agency says no video is available, than you pretty much have to take them at their word. It is unfortunate, because situations like this do happen. But there isn't much that can be done about it, other than a game of "he said, she said". In most cases, it is good for an attorney to have a relationship with the DA and even the judge, sometimes an attorney can use that relationship to benefit their client. I've never seen, or heard, of an attorney doing so to get a "better" deal in another case.

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