I'm suprised it hasn't been mentioned yet but is there a chance in hell we could obtain body/dash cam footage from this police encounter if it exists?
- Access
- The BWC equipment and all data, images, sounds, video, and metadata captured, recorded, or otherwise produced by the equipment shall be the exclusive property of the issuing Department.
- All access to BWC data must be specifically authorized by the Chief of Police/Sheriff, or a designee.
- Officers/deputies may be permitted to review video footage of an incident in which they were involved, prior to preparing a report or making a statement about the incident.
- All access is to be audited to ensure that only authorized users are accessing the data for legitimate and authorized purposes.
- Officers/deputies requesting video for trials must make such requests through the Chief of Police/Sheriff or a designee at least ten (10) business days prior to the trial date. Situations where circumstances outside of the officer’s/deputy’s control prevent such notification shall be handled on a case-by-case basis.
- Court personnel (e.g. representatives from the Office of the Commonwealth’s Attorney, Virginia Indigent Defense Commission, and the private defense bar) may request videos for trial through the Chief of Police/Sheriff or a designee.
- Freedom of Information Act (FOIA) and media requests of video shall be submitted to the Chief of Police/Sheriff or designee and shall comply with requirements of Title 2.2 of the Code of Virginia.
- Video capturing criminal incident information pertaining to an ongoing law enforcement investigation or prosecution shall not be released if the release of the video is likely to jeopardize the investigation, prosecution, or safety of an individual; or likely to cause a suspect to flee or evade detection, or result in the destruction of evidence.
- Criminal investigative files are excluded from FOIA requirements but may be disclosed by the Chief of Police/Sheriff in his discretion, except where disclosure is prohibited by law.
- Provisions will be made for blurring the image of individuals or the personal identifying information (e.g. license plates, addresses etc.) of those not involved in the law enforcement act in question, and of crime victims, or an act described in section (C)(3) of this policy prior to releasing the video to the media or the individual making the FOIA request.
Here's how to place a Freedom of Information Act request in VA:
Might have a cost of $200 if its deemed to be expensive, but i doubt it will cost that much since its just a bodycam video.
A guntscholar dedicated to the pursuit of guntlore can definitely get the cam footage of this incident.