Is it possible to obtain the in-car video from a police car at the time of trial?

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Is it possible to obtain the in-car video from a police car at the time of trial?

My friend was arrested yesterday for DUI, although he was not guilty of this. He had a small amount of marijuana in his car but had not smoked any that day. To complicate matters even further, a plain clothes officer showed up. He showed no identification and the uniformed officer who pulled him over seemed not to know him. The plain clothes officer was extremely hostile even though my friend gave him no provocation to be so. He smashed my friends face down on his windshield and pushed his face into the glass. He then left and there was no mention of him in the arrest documentation.

Asked on March 9, 2012 under Criminal Law, New York

Answers:

Richard Southard / Law Office of Richard Southard

Answered 9 years ago | Contributor

Not every police car in New York is equipped with those cameras.  If the vehicle had one then it is discoverable and should be able to be obtained by your friend's defense attorney.  Understand that even if it shows what you claim on the video, that this is not a defense to drunk driving.  It may be good fodder for cross-examining the officer's and it may be great evidence for a civil suit.

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

Yes. Every state has its own rules of discovery.  That said, a general request for discovery filed with the prosecutor and that court should suffice.  If the the prosecutor drags their feet in providing the video, you cAn subpoena the video directly from the arresting agency. Either way, you are entitled to the video.

Hope this helps.


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