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Wednesday, April 16, 2014

How to Request Footage In most states, these types of footage are largely considered public governmental record. This means you have a right to submit a FOIA (Freedom of Information Act) request for this footage from the police department and to receive it in a timely manner. First you need to notify the police that you want the footage preserved and you need to be specific about arresting officer, have a badge number if possible, give the time, date, location etc. This notice should be in writing and sent via fax, certified mail or some other way to prove delivery of the notice. Contact the police department to determine who specifically should receive the request. While most states give you the right to request dash-cam footage, radio tape and other video from police as an individual, it is highly recommended that you obtain a good lawyer who can represent you and navigate this process on your behalf as it can be tricky. Especially if you are facing criminal charges. For instance: It is often necessary to first and foremost request that the tape be preserved. Dash cam tapes have a habit of being unavailable when the pre trial hearing comes to court. A lawyer can write a letter to make the DA and the police preserve the tape as evidence. Even if you can get the footage on your own you probably won’t’ know what to do with it or how to present it so that it can be used in your favor. This is a lawyers job. Request to preserve radio tapes may have to go through the County rather than the local PD or State Police.

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