1/6/2024 0 Comments Redacted pdf florida statute![]() ![]() That time and money could be put to better use. Who can afford $600 for a public records request (PRR) for two video? If you ask me, it makes no sense that TPD is blurring the faces of police officers on videos unless it is for the purpose of discouraging the public record requests by making it cost-prohibitive. $600 is the cost for his time for both videos…. For BWC and dash cam of your clients incident, he spent 20 hours $30/hour as there was extensive blurring due to officers in and out of frame, moving, etc. “…Our video tech estimated several days to blurr any/all officers who are in the video. For example, in October of 2019, the custodian of a video at TPD sent my office an email explaining: Recently, I’ve run into a problem with the Tampa Police Department claiming that it has to blur the faces of all officers on the video before it can be released. Excessive Charges, Fees, and Costs for a PRR The prosecutor will often contact the agency and tell them to release the video to you so that they can avoid litigating a motion to compel. So after you make the public record request, send the request to the prosecutor and ask for their assistance in determining if any Brady material is contained on the requested video. Additionally, constitutionally required Brady material must be produced regardless of the defendant’s election to participate in the discovery process. Pro., if the defendant files a demand for discovery. ![]() The prosecutor with the State Attorney’s Office has an obligation to provide discovery under Rule 3.220, Fla. Sometimes the video evidence might hurt your case, so get your client’s written permission before requesting the video. If you request a copy of the video from the agency, the prosecutor is often alerted to that fact. If you suspect that body camera evidence will be helpful to the defense, make a public record request directly to the agency that has possession of the video so that it is not destroyed at the end of the 90 day retention period. Officers can be very creative when they are worried about something shown on the video. Requesting the Video through a Public Record RequestĪlthough the prosecutor should turn over all exculpatory evidence, the officer that has the video might not turn it over. Whether the case is criminal, civil, or administrative has no bearing on the release of the video. What good is the body camera if the officer can decide when to turn it on and off during the investigation? Release of Video to the Person Being RecordedĪ video can be released to the person being recorded or their representative, under F.S. “My Body Worn Camera was activated during this incident and captured events during the investigation however, the camera footage may have been paused or interrupted if taking up a static post and/or during the passing of sensitive, tactical, or confidential information.” Be aware that the officer might write the following statement in their report: Unfortunately, the deputies have become very good and turning the video equipment on and off when it suits them. Every Deputy Sheriff on patrol in Pasco County wears a body worn camera. In early 2015, the Pasco Sheriff’s Office (PSO) adopted a full-scale body camera program. ![]() Why Did the Officer Turn the Body Camera Off? This article discusses some of the most common problems that arise when a criminal defense attorney is trying to get a video. Shortly after that, officers with the Tampa Police Department were trained on how to use body worn cameras correctly. In June of 2020, the city council approved 650 additional body worn cameras. In early 2020, the Tampa Police Department had 60 body worn cameras. The use of these body worn cameras are increasing. When the video isn’t provided as part of discovery, the criminal defense attorney might need to spend time tracking it down. Good criminal defense attorneys spend a lot of time watching videos from body-worn cameras, body-mounted cameras, dashboard cameras, and surveillance systems. ![]()
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