Body and Dash Cameras

One of the first conversations I usually have with my clients that hire me for their criminal case here in Polk County usually involves something like, “get the body camera or dash camera footage; it will show you what happened.” Unfortunately, here in Polk County, there are no body cameras or dash cameras.  Our Sheriff has made it abundantly clear that he does not support such technology.

However, the National Association of Criminal Defense Lawyers released a report entitled “Policing Body Cameras: Policies and Procedures to Safety the Right of the Accused.”  This report supports police agencies using such technology and makes several recommendations for police departments including:

·        Having clear policies in place that establish when officers are to begin recording (not leaving it up to individual officers).

  • ·        Recordings should be stored for specific time periods and long enough for the accused to support his or her defense.

  • ·        Allowing the accused prompt access to the recordings.

  • ·        Officers should not have access to the videos prior to preparing their reports.

  • ·        Officers should not have access to the videos after encounters in order to bring additional charges.


This advice, and more, comes from legal scholars and criminal justice experts.

Larger cities across our country are beginning to come on board with body cameras and dash cameras.  Unfortunately, there is no uniform set of rules for the use of the technology.  Officers tend to not turn their body cameras on, in some circumstances, until after the event has taken place. 

After the recent shooting of the Australian woman by a Minneapolis officer, the technology depends on officers turning on their devices immediately upon dispatch.

These cameras are not intended to catch officers’ bad behavior.  In fact, this technology can protect officers from being unfairly accused.  They can clear officers when officers are doing exactly what they are supposed to be doing. 

If you are pulled over for a traffic stop, make sure you are respectful and cooperative while still maintaining your rights.  Read my other blog posts on saying no to searches and videotaping the police.


If you have been charged with a crime, you need an experienced criminal defense attorney who will protect your rights and fight for you. Contact Heather Bryan law today online, or call 863-825-5309, for your consultation.
Location: Lakeland, FL, USA

Popular posts from this blog

But the pot was not in my possession!?

I hear this all of the time.  Under Florida law , there is actual and constructive possession. Actual possession is when the illicit drugs are on your person.  In other words, the drugs are in your pocket, in your sock, or in your hand.  Actual possession is an easier case for the State to prosecute.  There may still be issues with a warrant or a stop that can lead to a suppression of evidence. Constructive possession is where it gets tricky.  Constructive possession means a person exercised control over a substance.  Mere proximity does not establish intentional control.  In order to prove "possession" the state must prove beyond a reasonable doubt that the defendant 1) knew of the existence of the drugs and 2) intentionally exercised control over the drugs. Let's take the following scenario.  You are the passenger in a car with a friend.  You are sitting in the front, passenger seat. Unbeknownst to you, there is a make-up bag under...
Read more

What is Resisting An Officer Without Violence?

If you live in Polk County you have probably seen the video circulating social media of the gentleman that was supposedly resisting arrest by Lakeland police officers and therefore force was used against him.   According to the chief, that force was necessary because the gentleman was “ actively resisting ” and his resistance was even “ violent .”   This video has caused an array of opinions whether the officers’ response was justified.   What one must question is what exactly is resisting an officer without violence?   And what exactly what must one do to get charged with this crime?   Florida Statute section 843.02 defines resisting an officer without violence as resisting, obstructing, or opposing any officer in the lawful execution of their legal duty, without offering or doing violence.   I am sure that clears things up!   Therein lies the problem.   An officer just has to say that a person is opposing him or obstructing him in so...
Read more

False Confessions

There are only 24 states that require police interrogations to be recorded from start to end, and Florida is not one of them.  Not recording the entirety of a police interrogation is a problem, especially considering that in over 25% of wrongful convictions that have been overturned by DNA evidence, the Defendant made false confessions to law enforcement during the interrogation.  Why do people make false confessions?   Most people believe that they would most certainly not confess to a crime that they did not commit.  However, studies show that under the conditions of an interrogation, false confessions are a huge problem that cannot be overlooked.  Law enforcement officers often give details to crimes leading suspects in the direction that they wish him or her to go.  For example, the officer may tell the suspect that he knows he used a shovel.  He knows he used a shovel to hit him.  And he hit him in the head.  He hit him in ...
Read more