Body Camera as Evidence in Police Misconduct Case

People should be able to trust that their interactions with law enforcement will be respectful and safe. Unfortunately, not all interactions go smoothly, and aggressive behavior, threats, and rights violations can turn a routine interaction into something much more intimidating. Technology, such as body cameras, is helping to shift the discussion, providing people with new insight into law enforcement interactions and allowing for less room for misunderstandings or disputes.

Body camera footage quickly becomes one of the most valuable types of evidence in police misconduct cases, as our police brutality lawyer in Philadelphia can explain.

Body Cam Footage as Legal Evidence

Body cameras are quickly becoming standard-issue equipment worn by law enforcement officers. They are small devices typically worn on the chest of an officer’s uniform that record audio and visual information. These devices aim to help increase transparency and prevent police misconduct. If an officer knows their words and actions are being recorded, the hope is that they will exercise restraint and avoid words or actions that can be classified as misconduct.

Body camera footage is a legal form of evidence. It can help prove police misconduct by offering an objective account of interactions between officers and members of the public. The footage shows how the interaction occurred, rather than relying on he-said/she-said accounts that pit an officer’s word against that of a civilian. Video can also be vital evidence because it can show failures to read an individual’s rights, improper use of force, and unlawful searches.

If you believe that you have been subjected to civil rights violations during interactions with law enforcement, contact our body cam evidence attorney in Philadelphia for a free case review.

Common Issues with Body Camera Evidence

Body camera evidence in police misconduct cases is a powerful form of potential evidence. However, some common issues can make it unreliable. These issues typically stem from an officer manipulating the camera or failing to turn the device on when required. The most common problems with body camera evidence include:

  • Missing, deleted, or altered footage
  • Officers failing to activate cameras
  • Limited access or delays in obtaining video recordings

Pennsylvania’s Act 22 helped establish a legal process for requesting access to body camera evidence. However, not every law enforcement department maintains consistent body camera policies. Additionally, some audits have found that only about half of the reviewed incidents show that officers fully complied with body camera guidelines.

Time is critical when you need to obtain body cam footage, so it is essential to contact a civil rights attorney in Philadelphia immediately after a troubling encounter with law enforcement. Our Philadelphia firm has the resources and connections to help collect and preserve body camera evidence before it can be lost or destroyed.

Legal Implications of Bodycam Videos in Civil Rights Cases

Body camera evidence should be an unbiased account of an interaction. In a sense, it is an additional objective witness to an event. Video and audio recordings of a law enforcement encounter can encourage individuals to come forward with allegations of misconduct, and the footage can be used to support their accounts in court. When audio and visual evidence corroborate their account, they may be more willing to come forward and seek justice and accountability.

Other legal implications, such as chain of custody, evidence preservation, and privacy and public disclosure issues, can cause concerns in civil rights cases. An aggressive police misconduct lawyer in Philadelphia can walk you through the legal nuances of using body camera footage to help support your case.

How a Police Misconduct Attorney Can Help

Brian J. Zeiger is an experienced and aggressive criminal defense attorney with deep knowledge of Philadelphia law. From police brutality to civil rights violations, he and his team know the value of body camera evidence in police misconduct cases and how to use this evidence to achieve favorable outcomes for our clients.

Contact our office now and speak with a criminal defense attorney for free about the specifics of your case.

Brian J. Zeiger, Esquire, is an experienced and successful criminal defense and civil rights attorney. He is a seasoned trial lawyer with significant experience before juries and judges. Brian understands civil rights cases, including Taser, Wrongful Death, Excessive Force, Police Brutality, Police Misconduct, Malicious Prosecution, Monell Claims, Sexual Assault, Prisoner’s Rights, Time Credit, Medical Malpractice, and Medical Indifference.