How To Obtain Footage Of Your Arrest In New Jersey

Defendants may wish to obtain footage of their own arrests for various reasons in New Jersey. Perhaps most obviously, they may want to point out misconduct or constitutional violations committed by the arresting officers. Perhaps you believe that during your arrest, an officer planted evidence at the crime scene. Maybe you believe that you were discriminated against. Whatever the case may be, obtaining footage of your arrest can be beneficial – and an experienced criminal defense lawyer in New Jersey can help.

Understanding the Discovery Phase 

You can request any documents that might be relevant to your case during the pre-trial “discovery” phase. Video footage certainly falls into this category, and you can request access to it. You can make your request with the state, and the government should be obligated to hand over an unmodified copy of the footage. This might include bodycam footage worn by various officers who carried out your arrest.

You might also obtain dashcam footage from parked police vehicles – as long as the vehicles were pointed in your direction during the arrest (which is often the case). In the vast majority of cases, police and state authorities have no valid excuse for denying access to these documents.

Consider Other Forms of Footage 

Remember, police footage may not be the only potential source of evidence. You might also consider reaching out to anyone who filmed your arrest with their smartphone. This is becoming quite common in the modern age, and concerned citizens may have documented your arrest in order to hold police accountable.

Your defense attorney can reach out to the people who filmed your arrest and request copies. Many of these individuals post their footage on the internet for all to see, and it could be easy to obtain this evidence. You might also consider surveillance footage from nearby businesses and establishments.

What Is An OPRA Request? 

OPRA stands for “Open Public Records Act,” and it is New Jersey’s system for granting access to government documents. Anyone can file OPRA requests, and the state is committed to providing transparent access. Although some records are not possible to obtain through OPRA requests, bodycam footage and related police footage fall under OPRA and should be accessible.

However, OPRA has become quite controversial in recent years due to a new change that would prohibit people from sharing bodycam footage on the web. Some critics argue that this could affect transparency in the criminal justice system.

Find an Experienced Defense Attorney in New Jersey 

If you’ve been searching for an experienced criminal defense attorney, look no further than Phillip J. Murphy, Attorney at Law. Over the years, we have helped numerous defendants throughout the Garden State. Obtaining footage of your arrest can certainly be helpful, but this only represents one potential source of evidence. There are many other factors to discuss – and you can get started today by booking a consultation.

Source:

newjerseymonitor.com/2024/04/10/bill-to-restrict-sharing-of-police-body-cam-footage-sparks-transparency-concerns/