In the wake of high-profile police shootings and police killings, police officers increasingly use body cameras to record their interactions with the public. If you were charged with a crime in Washington State, body camera footage could be an important part of your defense strategy. But what laws apply to the taking and use of police body camera footage? How do you access it? And can it be used in court?

Justin Campbell is a criminal defense attorney in Washington State. From his offices in Anacortes, he represents people accused of crimes in Skagit, San Juan, and Island Counties. He is well-known and highly respected for his professional approach to criminal defense in both pre-trial negotiations and the courtroom. With a background in tax and accounting, he takes an analytical approach to criminal defense and believes meticulous preparation is key to effectively advocating for his clients. Justin has been practicing in northwest Washington since 2009 and has developed strong relationships with others in the local legal community.

What Are Body Cameras, and How Are They Used in a DUI Case?

Police body cameras are small recording devices typically worn on a police officer’s uniform. They are frequently used during traffic stops and other arrests and provide video and audio recordings of an officer’s interactions with members of the public.

Body camera footage can be good or bad for your case, depending on your circumstances. For example, in a DUI case, body camera footage could show you did nothing wrong, did not display signs of intoxication, or that the police officer violated your constitutional rights. But, body camera footage could also show you were intoxicated, were belligerent, or that the police officer complied with the law and the arrest was lawful.

Regardless of your circumstances, remember that body cameras don't catch everything. The view may be blocked, or the sound might not be clear. Body camera footage is not foolproof evidence, but it can play a significant role in your case.

Using Body Camera Footage to Have Your Case Dismissed

Defense lawyers frequently use body camera footage to show a police officer did not accurately report what occurred. For example, if the police report states you could not stand up, were slurring your words, or could not perform the balance tests, but the body camera footage contradicts this, a skilled defense attorney could introduce the body camera footage to show reasonable doubt as to the officer’s version of events and seek to have the case dismissed.

Using Body Camera Footage During Cross-Examination

Body camera footage can be extremely beneficial during cross-examination. Your defense lawyer can question a police officer about the police report, their observations and evaluations during the arrest, and clarify what they testified to during direct examination by the prosecutor. In the hands of a skilled defense attorney, body camera footage can be used to show the police officer is biased, has a poor memory, or is not being truthful on the witness stand.

Using Body Camera Footage to Exclude Incriminating Statements

Suppose that, during your arrest, you admitted to having had two drinks. Ordinarily, this evidence could be used against you. But suppose the body camera footage revealed that the police officer never read you your Miranda rights. In these circumstances, body camera footage could be used to have your statement excluded from trial because the police officer violated your constitutional rights.

Is Body Camera Footage Admissible in Court?

In Washington State, body camera footage is considered public record, which means the public has a right to it. However, obtaining body camera footage can be challenging, and you must file the proper request with the appropriate department. In some circumstances, you may even need a court order.

To be admissible at trial, body camera footage must meet all the rules of evidence: it must be relevant, it must be clear and accurate, and it must not be unduly prejudicial.

In addition, Washington privacy laws could affect the use of body camera footage in court. Body camera footage that violates the Washington Privacy Act could be deemed inadmissible, or the court could limit how or the extent to which body camera footage is used to protect the rights of others involved.

Why You Need an Attorney in Your DUI Case

Body camera footage can be a powerful tool in a DUI case, but its use as evidence is not always straightforward. From obtaining body camera footage to using it in court or having it excluded, a skilled and experienced DUI defense attorney can navigate the complexities of using it in your DUI case.

Washington attorney Justin Campbell is a seasoned litigator with over a decade of experience defending people charged with DUI. He is also a skilled negotiator with a strong track record for favorably resolving legal matters for his clients.

Contact the Campbell Law Firm Today

Contact Justin Campbell today if you were charged with DUI in Skagit, Island, or San Juan Counties. Call (360) 588-4111 or complete our online form to schedule a consultation.