N.J. Supreme Court expands access to police body camera footage

Government officials cannot refuse to disclose police body-worn camera footage to people who are the subject of the recordings, with few exceptions, the New Jersey Supreme Court unanimously ruled Tuesday.

They also can’t withhold such footage to protect the privacy of people accused of but not charged with crimes, because neither the state’s Open Public Records Act nor the judicial case law that preceded it grants such automatic confidentiality, the justices decreed.

The decision stems from a May 2022 report a father made to Chatham police after his special-needs child accused an adult male relative of sexual misconduct.

Police declined to criminally charge the relative. 

In New Jersey, a police department can withhold body camera footage under certain circumstances, primarily to protect individual privacy and ongoing investigations, but generally must disclose it to the person who is the subject of the recording. The New Jersey Open Public Records Act (OPRA) allows for public access to body camera footage, but with exceptions. 

Here's a more detailed breakdown:

1. When Disclosure is Required:

• To the subject of the recording: The New Jersey Supreme Court ruled that police generally cannot refuse to disclose body camera footage to individuals who are the subject of the recording, with few exceptions. 
• For law enforcement purposes: Video must be released to a district attorney for potential criminal charge review, discovery compliance, or to another agency for law enforcement purposes. 
• For training purposes: Police can release video for training purposes. 

https://www.nj.gov/oag/dcj/agguide/ag-Directive-2021-5-BWC-Policy.pdf

Are police body cameras an invasion of privacy?

Without good policies, they risk becoming just another police surveillance device—and one with very real potential to invade privacy. Especially important are policies governing when the cameras are turned on, and who has access to the footage and under what conditions.

Do police keep bodycam footage forever?

How long do departments keep body camera footage? Retention periods vary by jurisdiction and event type. Routine interactions might be stored for 30-90 days, while footage involving serious incidents could be preserved for years or permanently.

Can you film police in NJ?

If you were arrested or have been a victim of police misconduct, contact a lawyer as soon as possible. If you are not under arrest, you have the right to photograph or film police activity in public unless you physically interfere. If you have a right to be somewhere, you can record from there.

Can Bodycam footage be used as evidence?

Body camera footage of alleged criminal incidents can be used as evidence in court and in disciplinary proceedings against police officers. The new ruling limits its use with respect to statements made on camera.

Should police officers wear body cameras at all times?

How do we know this? The National Institute of Justice has compiled reports from studies made in police departments all over the United States and the UK: The presence of body cameras reduces citizen violence and fatality rates. Officers wearing cameras had significant reductions in complaints filed against them.

Is NJ a stop and identify state?

No, New Jersey is not a "stop and identify" state. This means police officers in New Jersey cannot legally demand that you provide your identification or name if they are not in the process of issuing you a citation or summons, or if they are not conducting an investigation. You are not required to identify yourself unless you are being arrested or have been issued a summons. 

Here's a more detailed explanation:

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• You don't have to speak to the police:

  You are not obligated to answer questions from law enforcement officers unless they have a legal reason to suspect you are involved in criminal activity. 
• Limited circumstances for demanding ID:

  Police can request your ID or name only if they are already issuing a summons or conducting a lawful investigation. 
• You can choose not to talk:

  If you are approached by police and are not under arrest, you have the right to refuse to speak to them. 
• "Stop and Frisk" is allowed in some circumstances:

  New Jersey law permits "stop and frisk" if the initial stop is lawful, meaning police have a reasonable suspicion of criminal activity. 
• Drivers have specific requirements:

  If you are driving and are stopped by police, you must provide your driver's license, registration, and insurance information upon request. 
• Obstructing justice is a crime:

  Refusing to provide information or providing false information to police can lead to charges of obstructing justice, a disorderly person's offense, according to the Law Office of Andy Weinstein.
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• How to subpoena police body cam footage?
• File a lawsuit
• 
  
  Once you have a good lawyer on your side, you can get a subpoena for for video footage by filing a lawsuit. The court can force the business, individual, or government agency responsible to turn the footage over to the court. 

What is a Terry stop in NJ?

law enforcement officer may initiate a Terry stop when he or she suspects that an individual is committing, has committed, or is about to commit a crime, but probable cause does not yet exist to arrest and the officer wants to “stop” the suspect and investigate.

Can you record a police officer without permission USA?

Yes, the First Amendment offers many protections, including the freedom of speech and the press. Courts have held that filming the police—under the right circumstances—is protected activity under the First Amendment

Do taxpayers pay for police body cameras?

Hundreds of millions in taxpayer dollars have been spent on what was sold as a revolution in transparency and accountability. Instead, police departments routinely refuse to release footage — even when officers kill.

Can police delete bodycam?

Manual deletions will only be done after a criminal case is adjudicated in a court of law or if a recording was accidentally made in a Page 2 location restricted by policy, such as a restroom

Do police body cameras turn on automatically?

The cameras will automatically record video and audio when officers pull out their firearms or Tasers. The dashboard cameras will automatically record when the cruiser's emergency lights are activated. Body camera video will be treated the same as Capitol surveillance video.

Is police bodycam footage hearsay?

The Supreme Court found that a video recorded on a body-cam “is not inherently a testimonial statement that automatically implicates the Confrontation Clause, even if created by law enforcement while engaging in their official duties.” But conduct or actions depicted within the video can be hearsay.

Do you have to roll your window down for police in NJ?

In New Jersey, rolling your window down during a traffic stop is generally considered a good practice, especially when asked by an officer. While there isn't a specific law mandating it, doing so is generally expected and can help facilitate a smoother and safer interaction with law enforcement. 

Can you handcuff during a Terry stop?

In United States v. In, the Ninth Circuit Court of Appeals held that a Terry stop does not escalate into an improper arrest just because the officers handcuffed the defendant. Handcuffing was a reasonable safety precaution, given the totality of the circumstances

Can a Police Officer Legally Approach a Parked Car? The short answer is yes, but with important caveats. Police officers can approach a parked vehicle if they have reasonable suspicion of criminal activity or a community caretaking role.

Can police take your camera as evidence?

“Yep, as soon as you get a warrant…” Now, the caveat to this is they can seize the camera IF they have reasonable grounds to suspect it holds evidence of a “crime”

What is an example of police violating civil rights?

Unlawful detention, false arrest, use of excessive force, and racial profiling are all forms of police misconduct. Unlawful detention occurs when police stop an individual (e.g., a traffic stop, stop-and-frisk) without reasonable suspicion that a crime has occurred.

How to request body cam footage in NJ?

To request body camera footage in New Jersey, you'll need to make a formal request under the Open Public Records Act (OPRA). This usually involves submitting a written request to the designated custodian of the records at the relevant police agency. The New Jersey Office of Attorney General (.gov) has specific information on how to request public records, including body camera footage. 

Here's a more detailed breakdown:

1. 1. Identify the Relevant Agency:

   Determine which police agency (e.g., county, town, or state police) holds the body camera footage you need. 
2. 2. Find the Records Custodian:

   Locate the records custodian for that agency. This is typically the person responsible for handling public records requests. 
3. 3. Submit a Written Request:

   Make your request in writing, either on paper or online, using the agency's designated OPRA request form or a similar format. 
4. 4. Be Specific:

   Clearly identify the body camera footage you're requesting, including the date, time, location, and any other relevant details. 
5. 5. Understand Response Timelines:

   The records custodian has seven business days to respond to your request. If it's a "commercial" request (for profit), the timeline may be extended. 
6. 6. Possible Fees:

   You may be charged a fee to cover the cost of copying the footage. You'll be notified of any charges in advance. 
7. Can Bodycam footage be used as evidence?

   Body camera footage of alleged criminal incidents can be used as evidence in court and in disciplinary proceedings against police officers. The new ruling limits its use with respect to statements made on camera.
8. How long does the battery last on the police bodycam?

   What battery life should I expect from a police body camera? The battery life for a body camera will vary from one manufacturer to another. The minimum is often 6-8 hours, with 12 hours typically defining the high end.
9. What is an example of police violating civil rights?
10. Unlawful detention, false arrest, use of excessive force, and racial profiling are all forms of police misconduct. Unlawful detention occurs when police stop an individual (e.g., a traffic stop, stop-and-frisk) without reasonable suspicion that a crime has occurred.
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https://www.josephrutiglianolaw.com/article/crazy-new-jersey-laws/#:~:text=You%20cannot%20pump%20your%20own,designated%20%E2%80%9CKindness%20Awareness%20Month%E2%80%9D.

What are my rights in New Jersey?All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.

What is the home rule in New Jersey?New Jersey's Home Rule Act grants municipal governments broad authorities to enact ordinance and regulations providing for public welfare and order, and stands as one of the major sources of authorization for local autonomy in the State.
In New Jersey, the "quiet enjoyment" law, also known as the implied warranty of habitability, guarantees tenants the right to peacefully and comfortably use their rental property without unreasonable disturbances from the landlord or other tenants. This right is generally protected by a covenant in a lease agreement, and it cannot be waived by the tenant. 

What is Romeo and Juliet law NJ?Romeo and Juliet laws are legal exceptions to statutory rape. Specifically, these laws state that statutory rape will not exist if the individuals have consensual sexual contact and there's not a significant age gap between them, typically four years or less.

What is the Janus law in New Jersey?

The Janus decision indicates it would not be permissible for a public-sector contract to discriminate against nonmembers. The duty to represent both members and non-members is tied to exclusive representation.