Question from Sille, What is the time limit to request CHP body cam footage in Stockton, CA after an alleged misuse of power?
Answer from AI:
In California, the law regarding the release of body camera footage is governed by Assembly Bill 748 (AB 748), which came into effect on July 1, 2019. This law requires that any video or audio recorded by a body-worn camera be made available to the public within 45 days of the recording, unless it is part of an ongoing investigation.
Requesting Body Cam Footage
To request body camera footage from the California Highway Patrol (CHP), you would typically need to submit a Public Records Act request. This can be done in writing or online, depending on the specific procedures of the CHP.
Time Limit for Requesting Footage
Under AB 748, law enforcement agencies are required to retain body camera footage for at least two years. However, if the footage is part of an ongoing investigation or related to an incident that could result in litigation, it may be retained for a longer period.
Please note: While the law requires the release of footage within 45 days, this does not mean that you have 45 days to request the footage. You should make your request as soon as possible after the incident.
Exceptions to the Rule
There are exceptions to the release of body camera footage. For example, if releasing the footage would violate someone’s privacy rights, interfere with an ongoing investigation, or create a significant risk of harm to a person or the public, the footage may not be released.
If you believe your rights have been violated due to a misuse of power, it may be beneficial to consult with a legal professional. They can provide personalized advice and help you navigate the process of obtaining body camera footage.
For more information on AB 748, you can visit the California Legislative Information website. For information on how to submit a Public Records Act request to the CHP, you can visit the CHP’s website.
Remember, this information is a general guide and not legal advice. Laws can change, and each situation is unique. Always consult with a legal professional for advice tailored to your specific circumstances.