Body camera footage isn’t always admissible in Utah criminal cases, and our lawyers may challenge its admissibility so the jury in your case doesn’t see it and consider it as evidence against you.
Body-worn camera footage is admissible if it is relevant, authenticated, and recorded and stored in accordance with police department policy. Hearsay statements within body camera footage are not admissible, nor is footage that contains privacy violations. We can view body camera footage before your trial and can motion to suppress it during the discovery phase.
Call the Park City, UT criminal defense lawyers of Overson & Bugden at (801) 758-2287 for a free case review today.
When is Body Camera Footage Admissible in Utah Criminal Court?
Body-worn camera footage must comply with Utah’s Rules of Evidence for prosecutors to use it against defendants in criminal trials.
Footage is Relevant
For any evidence to be admissible, it must be relevant to the specific case and charges at hand. To be relevant, evidence must have any tendency to make a fact more or less probable or be a “fact of consequence” in the case.
Footage is Authenticated
For body-worn camera footage to be “authenticated” and admitted as evidence, the prosecution must provide sufficient evidence to show that the video is what the prosecution claims it is, such as witness statements confirming the video’s sequence of events.
Footage Follows Policy
The manner in which footage was recorded and obtained matters when evaluating its admissibility in a criminal case. Law enforcement officers wearing body-worn cameras must follow the rules for these devices, such as activating them before an encounter, recording continuously during encounters, and deactivating devices only in permitted circumstances.
When is Body Camera Footage Inadmissible in Criminal Court?
Body-worn camera footage isn’t always admissible, and our lawyers may stop the jury from seeing it in your case.
Hearsay
Out-of-court statements captured by body-worn cameras that witnesses cannot testify to may constitute hearsay, making those parts of videos inadmissible as evidence in criminal trials.
Privacy Violations
Our Bountiful, UT criminal defense lawyers could challenge the admissibility of police body camera footage if it was recorded in a place where you had a high expectation of privacy, such as a restroom or locker room. We may also suppress video footage from a body-worn camera that was not clearly visible to you, a violation of Utah’s rules for the activation and use of body-worn cameras by law enforcement.
Failure to Meet Authentication Requirements
If body-worn camera footage cannot be properly authenticated by law enforcement, it should be inadmissible as evidence in your criminal trial.
How Do You Access Police Body Camera Footage Before a Utah Criminal Trial?
We can view the body-worn camera footage the prosecution plans to use against you at trial before it begins during what’s known as the “discovery process.” We can access and review body-worn camera footage and may still have time to suppress it before your trial begins and the jury views it.
Though we can request access to body-worn camera footage to gauge its potential admissibility before charges are filed, requests might be ignored. The prosecution must make the footage available to us if they plan to show it to the jury, so we will certainly see it if charges are filed and the footage is submitted as evidence.
FAQs About Body Camera Footage and Utah Criminal Cases
What Should You Do if an Officer is Wearing a Body Camera?
Police officers must wear body-worn cameras so they are visible during encounters, so you should be able to see one if the officer you engage with is wearing a device. Assume the police officer is wearing a body-worn camera even if you can’t see one, and comply with their orders while invoking your right to remain silent.
What if a Police Officer Turned Off Their Body-Worn Camera in Utah?
Police officers should keep body-worn cameras rolling during encounters and may deactivate them only in specific situations. Tell us if you recall the police officer turning off their body camera and what happened next.
Can Charges Be Dropped if Law Enforcement Violates Body Camera Rules?
Law enforcement violating body-worn camera rules cannot be the sole reason charges are dropped or cases are dismissed in Utah. That said, violating these rules can render footage inadmissible, which might compromise the prosecution’s case, so it has to drop the charges.
Should You Assume Body Camera Footage is Admissible?
Assume body camera footage is admissible during any interactions with law enforcement wearing these devices, so that you don’t unintentionally say or do something incriminating. However, you should not take police officers’ word at face value if they claim footage is admissible, as that may be a tactic to get you to misspeak.
Should You Tell Your Lawyer About Body-Worn Camera Footage?
Tell your lawyer if you recall seeing a body camera on a police officer’s person, or if you saw the police officer turn off the camera at any time during the encounter.
How Can You Suppress Body-Worn Camera Footage from a Criminal Trial?
Our lawyers may prevent the jury from viewing body-worn camera footage by filing a motion to suppress it. If the jury views evidence before we can challenge it, the judge may instruct the jury to disregard the footage or, if the footage is too prejudicial, declare a mistrial.
Should You Accept a Plea Deal if Body Camera Footage is Admissible?
Body camera footage from a traffic stop, response to a domestic violence call, or other encounter with law enforcement containing an admission or evidence of a crime does not mean you should accept the initial plea deal offered by the prosecution, and you should let our lawyers see if we may reduce the charges further.
Call Our Lawyers to Discuss Your Utah Criminal Case
Call the Murray, UT criminal defense lawyers of Overson & Bugden now at (801) 758-2287 for help with your case.
