Police Body Camera Laws and Policies

Police body-worn cameras have become part of an officer's uniform. While these cameras have become commonplace, less is generally known about what laws and policies govern their use.

What Are Police Body-Worn Cameras?

Body-worn cameras (BWC or body cams) are small digital video cameras that police wear as part of their uniform to record events and interactions with citizens. Officers can operate the cameras manually when responding to calls or interacting with citizens or suspects. More advanced body cams have technology that automatically turns on the camera in response to certain triggers, such as removing a weapon from a holster, engaging in a foot chase, or opening a patrol car door. Some departments use cameras that live stream audio or video to the station when officers request backup.

When Did Police First Start Using Body-Worn Cameras?

Law enforcement agencies in the United States began testing body cams around 2010. Just a few years later, they became an important tool as public outcry grew over high-profile police shootings and beatings and the need for more accountability in policing.

One of these incidents was the killing of Michael Brown (an unarmed Black teenager) in 2014 by a white police officer in Ferguson, Missouri. Police and witness accounts of, and events leading up to, the shooting contradicted each other, and there was no footage available to verify or refute these accounts. Ultimately, no charges were brought against the white officer.

In response to Brown's killing and the protests that followed, more law enforcement agencies began using body-worn cameras and the federal government provided funding for these efforts. By 2016, nearly half of law enforcement agencies had body cams. That number has steadily increased since then.

What Are the Pros and Cons of Police Body-Worn Cameras?

While public and police support of body cams has generally increased over the years, concerns still exist.

The goals of body cams are to:

• increase accountability and transparency in policing
• enhance officer and citizen safety
• provide video and audio evidence of police-citizen interactions
• deter misconduct by both police and citizens and promote more civil interactions, and
• provide training material for police with real-world situations.

Whether these goals have been achieved is unclear. There's little solid evidence to go on. Meanwhile, the initial rush to deploy police body cams outpaced the development of uniform rules and regulations. As a result, government officials are playing catch up, which has led to privacy concerns and other complaints.

Many jurisdictions still grapple with issues regarding mass community surveillance, privacy violations, and the chilling effects of cameras on freedom of speech. Nationwide, concerns exist over the lack of uniform and clear policies for the use and activation of body cams and data retention of, and public access to, body-cam footage.

Are Police Body-Worn Cameras Mandatory in the United States?

Around a dozen states mandate that police officers who interact with the public wear body cameras. These states include Colorado, Connecticut, Delaware, Illinois, Maryland, Nevada, New Jersey, New Mexico, New York, and South Carolina. Phased mandatory rollouts are occurring in some states. Others require law enforcement agencies that have body cameras to utilize them for specific police-citizen interactions.

One of the main obstacles to mandating body-cam use is funding. Equipping agencies with physical equipment, technology support, and storage capabilities for body cams and footage takes significant resources that many places don't have.

(Colo. Rev. Stat. § 24-31-902 (2024); Conn. Stat. § 29-6d (2024); Del. Code tit. 11, § 8402A (2024); 50 Ill. Comp. Stat. 706/10-15 (2024) (phased rollout 2022 to 2025); Md. Pub. Safety Art. § 3-511 (2024) (phased rollout 2023 to 2025); Nev. Rev. Stat. § 289.830 (2024); N.M. Stat. § 29-1-18 (2024); N.J. Stat. § 40A:14-118.3 (2024); N.Y. Exec. Law § 234 (2024) (state police officers); S.C. Code § 23-1-240 (2024).)

What Are the Laws on Police Body-Worn Cameras?

Most states have body-cam laws or direct law enforcement agencies to develop body-cam policies (whether their use is mandatory or discretionary). State laws on body cams typically cover activation and deactivation of cameras, privacy rights, and data retention and release, among other topics.

Rules on Activation and Deactivation of Body Cams

A major concern regarding body cam use is that police officers can simply activate and deactivate them at will. State laws attempt to override this discretion by prohibiting officers from deactivating recordings unless the officer is working undercover, a victim or witness requests deactivation (and states that intent on camera), or the officer is no longer on the scene. Colorado law creates a presumption of misconduct if the officer fails to activate the camera during certain events. Indiana makes it a misdemeanor for an officer to deactivate with intent to commit or conceal a crime. (Colo. Rev. Stat. § 24-1-902 (2024); Ind. Code § 35-44.1-2-2.5 (2024).)

Some law enforcement agencies have moved to technology that automatically activates an officer's camera upon triggering events. Cameras may also come with buffering capabilities that record a certain amount of time before activation and after deactivation.

Privacy Rules When Body Cams Record

Privacy concerns regarding body cams extend not only to citizens interacting with the officers but also to community members, witnesses, and victims who end up in recordings. Take, for example, a situation where officers respond to a call regarding an assault and must enter a private home, hospital, or mental health facility. Questions arise regarding whether and when to turn on the camera in these situations, because other residents or patients could be recorded without their consent.

Some laws require officers to notify a person that their camera is on, but this might not be feasible or practical in certain situations. If a subject doesn't consent, some state laws allow officers to keep recording for officer safety or other purposes.

There's also the issue of officer privacy and to what extent officer's conversations with each other can be recorded. Many states' laws permit the deactivation of cameras when officers are engaged in administrative duties, leave the scene, or aren't in uniform.

Data Retention and Public Access to Body-Cam Footage

Generally, state data privacy or open records laws control how long body cam footage must be retained and who can access it. These provisions vary greatly depending on where a person lives. For example, Nevada requires police to retain videos for not less than 15 days, whereas New Mexico sets the minimum retention period at 120 days.

The public's ability to access these recordings can be greatly limited by short retention periods and laws that prevent public release. Data privacy laws often prohibit public release of law enforcement footage where an investigation is pending or footage contains images of minors or victims of sex crimes or domestic violence crimes.

(Nev. Rev. Stat. § 289.830 (2024); N.M. Stat. § 29-1-18 (2024).)

How to Access Videos From Police Body-Worn Cameras

Every state handles public requests for government data differently. In most cases, a person must submit a request to the law enforcement agency that recorded the video. This could be a local police department, county sheriff, state police, or federal agency. If you're at the scene or questioned by officers, try to jot down their name, badge number, and agency. Or try to look at the jurisdiction noted on the patrol car.

With this information, you can search online for "how to request police body-worn camera footage in [city, county, or state]." You can also call the law enforcement agency or check out its website. Look for something along the lines of "records or data requests," "public records access," or "application for records release." Some agencies have a page dedicated to requests for body-cam footage. Federal requests fall under the Freedom of Information Act (FOIA).

Before making the request, review any information and sample requests provided online. Data requests have specific requirements. Some agencies have applications online, while others require a formal letter (some have samples). Fees also likely apply. The agency may charge you for the video, time spent looking for it, and time spent redacting confidential portions. You'll want to carefully review what information you need to submit, whether the footage can be released, and what deadlines might apply. Individuals shown in the video may have additional rights to request the footage or ask for their images to be redacted.

Getting Legal Help

If you feel your rights were violated by police, you might want to contact a civil rights attorney. For anyone facing criminal charges, talk to your criminal defense attorney or public defender. Civil rights organizations, like the ACLU, often have helpful information and resources on privacy rights online for free.