Poplar Bluff police officers began wearing body cameras January 1, 2015, in the wake of public outrage over the police killings of Eric Garner in New York and Michael Brown in Ferguson, Missouri. The hope is that requiring police body cameras may prevent or provide proof of the behavior of bad officers while protecting those who do their jobs correctly. These police body cameras may also be extremely useful in criminal defense cases as they could provide an actual record of what happened or was said rather than jurors being forced to guess at which witness is more credible.

Cameras, Conversations and Contents of Your Home

While the use of police body cameras appears reasonable to protect citizens from bad cops and to protect good cops from unfair complaints, there is not universal support for the idea. The president of the Chicago police officers’ union has raised concerns about recording officers’ private conversations. Police in Minnesota are seeking legal input about recording the inside of residences while they are investigating since the footage could be public record. Missouri law already has held that a police booking video is public record that shouldn’t be destroyed lightly. When should the police body camera footage be destroyed, if ever, and what portions of it could be considered “closed” to the public under Missouri law?

Destruction of Footage?

The Poplar Bluff PD is proposing that the body camera footage should be destroyed after the statute of limitations for the crime being investigated has elapsed. While this seems reasonable, destruction of these recordings could be a huge mistake. First of all, the routine destruction of this footage would prevent investigators from examining an officer’s pattern of behavior if a complaint is filed against him or her in the future.

Second, destruction of police body camera footage should be strictly regulated and footage relevant to criminal investigations should be kept at least until all appeals in a criminal case are exhausted.

Third, destruction must be handled properly to ensure that footage isn’t “accidentally” deleted before the appropriate time.

Criminal Defense Attorney

If you are charged with a crime, it is important that you obtain the services of an experienced criminal defense attorney as soon as possible to help you protect your rights. If you or a loved one is facing criminal charges, contact the experienced criminal defense attorneys at Kennedy, Kennedy, Robbins & Yarbro, LC, or call 573-686-2459 and schedule a consultation today.