If the police tell you they have video footage of an incident, does it have to be included in the report?

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If the police tell you they have video footage of an incident, does it have to be included in the report?

A vandalism incident happened and was told by a detective that the residence had video

footage of the incident but when I obtained the police report it doesn’t state in the report that

there is video evidence, only says there was a witness to the incident. So if they actually have video footage does it have to be put into the report?

Asked on June 7, 2016 under Criminal Law, Tennessee

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the police have evidence or footage of an offense, they are not required to put notations of all of the evidence in their report.  It is certainly the best practice for them to do so... but not a requirement. 
However, the police and prosecutors are required to divuldge any evidence that may be favorable to the defense.  Even if this footage is not favorable to you, you can file a pretrial motion for discovery to get access to the video footage.


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