How to request police bodycam footage

Why timing matters

Many police agencies keep body camera and dashcam video for a set period, then delete it unless it has been flagged for a case, complaint or request. Retention periods vary by state and agency, and routine footage may be kept for a shorter time than footage tied to an arrest or use of force.

Because of this, many people send two things soon after an incident:

• A preservation request, asking the agency not to delete the footage.
• A records request, asking for a copy.

A preservation request is short. It identifies the incident and asks that all video and audio, including body cameras, dashcams and dispatch recordings, be kept. Sending it in writing and keeping a copy creates a record of when you asked.

Who to send it to

Footage is usually held by the agency whose officers were involved. That might be a city police department, a county sheriff, a state highway patrol, or a campus or transit police force. The ticket, report or business card you received usually names the agency.

Most agencies have a records unit that handles public records requests. Many accept requests through an online portal, by email, by mail or in person. The agency’s website usually explains how, and the request may need to cite your state’s public records law, sometimes informally called the state’s version of FOIA.

If more than one agency responded, for example a city officer and a state trooper, many people send a separate request to each.

What to include

The more specific the request, the easier it is for the agency to find the footage. A clear request usually includes:

• Your name and contact information.
• Date and approximate time window of the incident.
• Exact location, including cross streets or mile marker.
• Officer names and badge numbers, if known.
• Any case, report, incident or citation number.
• A description of what you want: body camera video and audio from all officers present, dashcam video, and, if relevant, dispatch audio and the computer-aided dispatch log.
• Your preferred format, such as a digital download.

Keep the tone plain and factual. The request is not the place to argue about what happened. Save a copy and note the date it was sent and any confirmation number.

A simple way to word it

Records units handle many requests, and a short, organized one is easier to process. Say you were stopped on a weeknight and want everything recorded. A request might read something like this:

“Under [your state’s public records law], I request copies of all body-worn camera and dashboard camera video and audio, from all officers present, related to a traffic stop on [date] between approximately [start time] and [end time] at [location]. The officers involved included [name and badge number, if known]. The citation or report number is [number]. I also request the dispatch audio and dispatch log for this incident. Please preserve all of these records while this request is pending. I prefer to receive them as a digital download. Please let me know in advance if any fees apply.”

Fill in the brackets and add your contact details. Wording does not need to be formal to be valid.

What to expect after you ask

Agencies usually have a set time to respond under state law, but the first response is often an acknowledgment or an extension, not the footage itself. Video can take longer than paper records because it often has to be reviewed and redacted.

Things that commonly happen:

• Redactions. Faces of bystanders, minors, addresses or personal details may be blurred or muted.
• Fees. Some agencies charge for copying or redaction time. Ask for an estimate before work begins.
• Partial release. You may get some footage now and some later.
• Delay or denial. Agencies often withhold footage connected to an open investigation or pending prosecution.

Keep a log of every message and date. Calendar the date a response is due so a missed deadline does not slip by. See Deadlines and time limits.

If your request is denied

A denial should usually say why and cite the part of the law it relies on. Read it carefully. Common reasons include an active investigation, privacy of other people, or a claim that no footage exists.

Options often include:

• Asking the records unit to clarify or narrow the request.
• Asking for the footage once the investigation or case closes, and requesting that it be preserved until then.
• An administrative appeal within the agency, or review by a state office that oversees public records, where one exists.
• A court challenge, which is usually where a lawyer becomes important.

Appeal deadlines can be short. If you are told footage does not exist, it can be worth asking in writing whether cameras were activated and whether any footage was deleted, and when.

If you have a pending case

If you were charged with a crime or a traffic offense, your attorney may be able to get police video through the court process called discovery, which is often faster and more complete than a public records request. Public defenders and private attorneys request footage routinely.

If you are thinking about a civil claim or a complaint about an officer, a lawyer can also advise on whether to request footage now, how to preserve it, and how your own recording fits with it. Comparing your recording with the agency’s footage is often where important details come out.

See How to file a complaint about an officer and Questions to ask an attorney.