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  1. #1
    Join Date
    Oct 2018
    Location
    California
    Posts
    6

    Question How to Get Police Body Cam Video

    My question involves criminal records for the state of: California.

    I wanted to find out if there is a way to view the body cam footage from my husbands arrest that resulted in my arrest. My husband was arrested for possesion for sales. During which time the police in my city are supposed to have the body cameras on from time the have inital contact until they will no longer have contact with that suspect. They record all statements given as well. According to the police report, it says the while being questioned about the safe the drugs were found in my husband told the police that the safe was mine. It was not and the D.A. never believed that. I was charged with misd poss charge since they felt because I am his wife I knew about what he was doing. But not important.

    I confronted my husband with this and he is very adement that he never said that at all. He said what he said was it wasn't his and they twisted his words to make it sound like he said it was mine, when he only said it wasn't his. The case is now complete and he is still standing by his statement saying that he would never say those things about me. I have asked my lawyer to request the tapes to view before I accepted the misd and since then as well. He hasn't even responded except to tell me that the D.A. never gave them to him. I get it he feels like his job is done since I accepted the charge. However, I need to know the kind of man I married. I asked my husbands lawyer as well who my husband gave his permission to not only talk to me but to let me see the footage. He told me to ask my lawyer who isn't responding.

    Can I get the video from the D.A. myself or the police department? Is there any way for me to see this video for my own peace of mind? I only need to know so I can make a choice in my life one way or another about how my life will go when my husband is released in two more months. I love him and can't just let it go as my lawyer recommended at one point. I have to know. So I thank you for your help and I hope someone will know.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,789

    Default Re: Police Body Cam Access

    If the safe is in your home, unless you have other occupants in your home, everything in there will be considered to be yours, his, or belonging to both of you. If he denies ownership, that pretty much leaves it as yours whether he specifically states it or not.

  3. #3
    Join Date
    Oct 2018
    Location
    California
    Posts
    6

    Default Re: Police Body Cam Access

    I understand all of that. That's why my question only had to do with my access to view the videos. I want to know if he said it not for the case's benefit but for my life's benefit. I know that sometimes things can be taken out of context and made to sound like something else was meant. He denies that he said everything in the safe was mine when he was arrested. I want to believe him but then I think about report and it makes me question it. I want to move on with my life one way or the other I just feel that I would believe it if I could see it. I thought maybe it would be like public record or something. Body cams and co-defendents are not something I am too familiar with. And this case happened after the case with my friend. It was approx. 6 or so months ago. I do know that the police department in my city keeps the tapes 1 yr after the case ends if the contact results in criminal case.

    However, the lawyer won't respond because he feels it isn't important. I feel it says a lot about someone's character if they lie to the police to save their own rear end. Especially when they end up getting their innocent spouse arrested and taken to jail for something they didn't even have anything to do with. Regardless of him ending up the one who got convicted of the charges I want to know if I can see if the man that vowed to love and protect me tried to throw me under a bus to save his own rear.

    But thank you for the clarification about who it would belong to.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,412

    Default Re: Police Body Cam Access

    The video can be obtained by your attorney through discovery. You can ASK the DA or the police to review the video and its access will be based upon agency policy, but don't expect them to agree. Even if there was body cam footage, it does not mean that his interview is on the camera.

    Your attorney probably thinks it is unimportant because drug possession is a nothing crime in CA. If found guilty you'll likely get probation and fines/fees assessed and the matter will be done. But, you can always refuse a plea deal and take the matter to trial and seek any video through discovery when you force the state's hand ... though you might get a few months of jail time for your trouble.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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