Has anyone had any experience with a defense attorney requesting body cam footage that is stored on a system 60 or 120 seconds prior to activation?
Would it fall under Brady where that footage would have to be released?
It’s not “Brady” unless it’s mitigating, exculpatory, or impeachment evidence. But if it’s any kind of thing that’s related to the investigation, and it’s in the possession of law enforcement that’s working on the prosecution with you, then it is discoverable upon request under CCP 39.14.
So basically, if it exists, if it’s related to the case, and if your LEA has it in their possession, it needs to be turned over, even if your office has never seen it before.
Typically, if the video equipment records the footage from prior to activation, it is included in the video the law enforcement agency sends over. Not all equipment goes back. So, talk to your agency about how their system works and what they send over.
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