Body Camera Footage May Now Be Released for “Suspect Identification or Apprehension”

The General Assembly recently amended the law that governs the release of body camera footage. This post explains the change. Background. Three years ago, S.L. 2016-88 enacted G.S. 132-1.4A (law enforcement agency recordings). The statute created a new legal regime governing body camera footage, dash camera footage, and other recordings held by law enforcement agencies. It provided that such recordings were not subject to the normal rules regarding public records. Instead: “A person whose image or voice is in the recording” may ask the agency for “disclosure,” that is, for an opportunity to see or hear the recording. The agency has the discretion to grant the request. If it doesn’t, the person may “appeal” the denial of disclosure to a superior court judge. Any person, including the news media, may seek “release” of a recording, that is, a copy of the recording. But an agency normally may not release a recording on its own. It normally may do so only pursuant to a court order from a superior court judge. There are a few exceptions to the rule that release requires a court order. A law enforcement agency must release recordings to the district attorney for use in criminal prosecutions, and may release recordings within the law enforcement community for law enforcement and training purposes. Frayda Bluestein, the School of Government’s expert on public records and related matters, has a blog post answering many common questions about G.S. 132-1.4A. The law was and remains controversial, with some opponents arguing that requiring [...]