Requesting Police Bodycam & Dashcam Footage in Arizona

TL;DR

To request police bodycam and dashcam footage in an Arizona wrongful death case, you must first identify the correct law enforcement agency that responded to the incident. You can then submit a formal public records request under Arizona Revised Statutes (A.R.S.) § 39, 121, providing specific details like the date, time, location, and case number. If the agency denies the request due to an ongoing investigation or other exemptions, an arizona wrongful death attorney can use legal tools like a subpoena duces tecum during the discovery phase of a civil lawsuit to compel the release of the footage.

Key Highlights

Identify the responding police department or sheriff’s office.
File a public records request citing A.R.S. § 39, 121.
Provide specific details: case number, date, time, location, and officers involved.
Follow up on the request and be prepared for potential denials.
If denied, consult an attorney to file a wrongful death lawsuit.
Use the legal discovery process, including subpoenas, to obtain the footage.

The use of body, worn cameras (BWCs) and in, car dashcams has become standard practice for law enforcement agencies across Arizona. From the Phoenix Police Department to the Pima County Sheriff’s Office, this technology captures thousands of hours of interactions between officers and the public every day. This video evidence has become a central element in both criminal proceedings and civil litigation, offering a direct, and often unfiltered, view of critical incidents. In cases of wrongful death involving law enforcement, this footage is not just important; it is frequently the most crucial piece of evidence available.

Access to this footage is governed by Arizona’s public records laws, primarily found in Arizona Revised Statutes Title 39. The guiding principle of these laws is transparency, establishing that records created by public bodies are open to public inspection. However, the law also provides specific exemptions that police departments can use to withhold or redact video evidence. For example, A.R.S. § 39, 128 allows an agency to withhold records if their release could compromise an active criminal investigation, violate a person’s privacy, or endanger individuals. This creates a challenging situation for families seeking the truth about a loved one’s death.

For those pursuing a wrongful death claim in arizona, obtaining this video evidence is a foundational step toward accountability. The footage can confirm or contradict official reports, clarify confusing timelines, and reveal the precise actions that led to a fatal outcome. Understanding the correct procedures for requesting this footage, and more importantly, knowing the legal strategies to employ when a request is denied, is essential. The process involves more than just filling out a form; it requires a persistent and legally informed approach to secure the evidence needed to build a strong case.

Understanding the Legal Foundation: Arizona Public Records Law

Before you can effectively request police video, you need to understand the laws that give you the right to do so. In Arizona, the public’s access to government records, including police footage, is rooted in a strong legal tradition of transparency. The entire process hinges on the Arizona Public Records Law.

A.R.S. § 39, 121: The Cornerstone of Public Access

The most important statute to know is Arizona Revised Statutes § 39, 121. This law states that “public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours.” This is a broad mandate that establishes a presumption of access. In simple terms, the law assumes that you have a right to see the record unless the government agency can prove a specific legal reason to keep it secret.

This law is the foundation of your initial request. When you ask for bodycam or dashcam footage, you are exercising your right under this statute. It applies to all state and local government entities, including every municipal police department, county sheriff’s office, and state agency like the Arizona Department of Public Safety (DPS).

What Qualifies as a “Public Record”?

The law defines “public records” very broadly. Any document, recording, or other material that is created or received by a public body in connection with the transaction of public business is considered a public record. Police bodycam and dashcam footage fit this definition perfectly. It is a video and audio recording created by a public employee (a police officer) during the course of their official duties. Therefore, it is subject to disclosure under A.R.S. § 39, 121, unless a specific exemption applies.

Common Exemptions Agencies Use to Deny Requests

While the law favors disclosure, it is not absolute. Law enforcement agencies can, and often do, deny requests for video footage by citing specific legal exemptions. Understanding these reasons is key to anticipating challenges and preparing your next move.

The most common exemptions cited include:

Ongoing Investigation (A.R.S. § 39, 128): This is the most frequent reason for denial in wrongful death cases. The statute allows an agency to withhold records if releasing them would create a “substantial likelihood of impeding an active, ongoing investigation.” Police departments often argue that releasing video of a fatal incident could taint witness testimony or compromise their ability to conduct a fair investigation. A denial based on this exemption is often temporary, but it can last for months or even years.
Privacy Concerns: An agency may release footage but redact (black out or blur) certain parts to protect the privacy of individuals. This can include blurring the faces of minors, witnesses who are not involved, or victims of certain crimes. They may also mute audio that contains confidential medical wrongful death information or other sensitive personal details.
Best Interests of the State: This is a more general exemption where an agency argues that confidentiality is necessary for the “best interests of the state.” This could involve protecting the identity of undercover officers, revealing sensitive law enforcement techniques, or preventing a threat to public safety.

When an agency denies your request, it must provide you with a written response that identifies the specific statute it is using to justify the denial. This written denial is a critical document for your attorney to review.

The Initial Step: Filing a Public Records Request

The first formal action you or your attorney will take is to submit a public records request directly to the law enforcement agency that possesses the footage. A well, crafted request is clear, specific, and professional, and it sets the stage for all future legal action.

Identifying the Correct Law enforcement Agency

This may seem obvious, but it is a critical first step. An incident may involve officers from multiple jurisdictions. For example, a car chase could start in one city and end in another, involving both local police and the Arizona DPS. You must submit a separate request to each agency that was involved in the incident. The initial police report, often called an “incident report” or “offense report,” will list the responding agencies and officers. If you do not have the report, you can start by contacting the police department for the city or county where the death occurred.

Crafting an Effective Request Letter

Your request should be in writing to create a clear record of when you asked for the information and exactly what you asked for. While some agencies have online portals, sending a formal letter via certified mail or email is often a good practice.

Your request should include the following elements:

Your Contact Information: Your full name, address, phone number, and email address.
A Clear Statement of Purpose: Begin by stating that you are making a request under the Arizona Public Records Law, A.R.S. § 39, 121.
Extreme Specificity: This is the most important part. The more details you provide, the harder it is for the agency to claim they cannot find the records. Include:
- Case Number or Incident Number: This is the single most useful piece of information.
- Date and Time of the Incident: Be as precise as possible.
- Location of the Incident: Provide the street address, intersection, or mile marker.
- Names of Individuals Involved: Include the name of the decedent and any other known parties.
- Names and Badge Numbers of Officers: If you know which officers were on the scene, list them.
A Precise Description of the Records Sought: Do not just ask for “the video.” Be specific. For example: “I am requesting any and all body, worn camera (BWC) footage, in, car camera (dashcam) footage, and any other audio or video recordings related to the incident referenced above.”
Your Preferred Format: State that you would like the records in a common digital format (e.g., MP4) and how you would like to receive them (e.g., via a download link, on a USB drive).

Methods of Submission

Most modern law enforcement agencies offer several ways to submit a public records request.

Online Portals: Major departments like the Phoenix Police Department and Tucson Police Department have dedicated online portals for submitting and tracking public records requests. This is often the most efficient method.
Email: Many agencies have a specific email address for their records division. This is a good option as it creates an instant digital record of your submission.
Certified Mail: Sending a physical letter via certified mail provides proof of delivery, which can be useful if the agency later claims it never received your request.
In, Person: You can also go to the agency’s headquarters and submit your request in person, but be sure to get a stamped copy or a receipt as proof of your filing.

Regardless of the method, always keep a copy of your request for your own records.

What to Expect After You Submit Your Request

Once your request is submitted, the waiting period begins. The agency’s response can vary significantly in timeliness and substance. It is important to be prepared for a range of outcomes and to understand what each one means for your case.

Agency Response Times

Arizona’s public records law requires agencies to provide a “prompt” response. However, the law does not define a specific deadline, such as 10 or 30 days. This ambiguity can lead to long waits. For a simple request, you might receive a response in a few weeks. For a complex request involving a wrongful death, especially one with an active investigation, the process can take many months.

It is good practice to follow up politely if you have not heard anything within a reasonable period, such as 30 days. Your follow, up should be in writing and reference the date of your original request. This demonstrates your diligence and keeps your request on the agency’s radar.

Potential Agency Responses

You will typically receive one of three types of responses from the law enforcement agency:

Approval: The agency agrees to provide the footage. They will inform you of any associated costs and provide an estimated timeline for delivery. The video you receive may have redactions to protect privacy, which is a common and legally permissible practice.
Partial Denial / Redaction: The agency may state that it will provide the footage but that certain portions will be redacted. For example, they might blur the faces of witnesses or mute audio containing personal information. They must still justify these redactions under the law.
Full Denial: The agency refuses to release any footage. As mentioned earlier, they are legally required to provide you with a written denial that cites the specific statutory exemption they are claiming. The most common reason will be an ongoing criminal investigation. This denial is a critical juncture and is often the point where legal intervention becomes necessary.

Associated Costs and Fees

Under A.R.S. § 39, 121.01(D), a public body can charge a fee for the cost of making copies of public records. For digital records like video footage, this can include the cost of the storage medium (like a USB drive) and the staff time required to prepare the records for release.

If the video requires extensive redaction, the cost can become substantial. An agency might quote you hundreds or even thousands of dollars for the labor involved in reviewing and redacting hours of footage. If you believe the fees are unreasonable, you have the right to challenge them, but this often requires legal assistance.

When Your Public Records Request is Denied: The Next Steps

A denial letter is not the end of the road. In a wrongful death case, it is often just the beginning of the legal process to obtain the evidence. Your response to the denial will determine your ability to secure the footage.

Analyzing the Denial Letter

The first step is to carefully read the denial letter with your attorney. What specific reason did the agency give?

If the denial is based on an ongoing investigation: This suggests the denial is temporary. Your attorney can monitor the status of the investigation and determine the right time to either re, submit the request or take more forceful legal action.
If the denial is based on privacy or other exemptions: Your attorney will assess whether the agency’s use of the exemption is appropriate. Sometimes, agencies apply exemptions too broadly, and a legal challenge can force them to release the records.

The Power of a Wrongful death Lawsuit

This is the most significant step you can take. Filing a civil lawsuit for wrongful death against the responsible officer and/or government entity fundamentally changes your position. You are no longer just a member of the public making a request; you are a plaintiff in a legal action with the power to compel the production of evidence through the process of discovery.

Once a lawsuit is filed, the rules of civil procedure, not just the public records laws, govern the exchange of information. This gives you access to much more powerful tools for obtaining the footage.

Introducing the Subpoena Duces Tecum

One of the most powerful tools in discovery is the subpoena duces tecum. This is a formal, legally binding court order that compels a person or entity to produce documents, materials, or other tangible evidence.

What it is: It is a command from the court, issued at the request of your attorney, ordering the police department to turn over the specific video footage you have requested.
Its Power: Unlike a public records request, which an agency can deny based on statutory exemptions, a subpoena is much harder to ignore. An agency that refuses to comply with a subpoena can be held in contempt of court and face sanctions from a judge.
How it is used: Your attorney will draft and serve the subpoena on the police department’s records custodian. The subpoena will specifically describe the bodycam and dashcam footage needed for your case.

The act of filing a lawsuit and serving a subpoena often forces an agency that was previously uncooperative to produce the video evidence.

The Role of a Wrongful Death Attorney in Securing Evidence

While anyone can file a public records request, successfully obtaining critical footage in a contested wrongful death case almost always requires the expertise of an experienced attorney. An attorney transforms the process from a simple request into a legal demand for evidence.

From Public Requester to Legal Adversary

When you hire an attorney and file a lawsuit, the dynamic shifts. The police department and the city or county it represents must now respond through their own legal counsel. Your attorney understands the rules of civil procedure, the deadlines for responding to discovery requests, and the legal arguments needed to defeat an agency’s attempt to withhold evidence. They can level the playing field against a powerful government entity.

The Discovery Process Explained

Discovery is the formal pre, trial phase where both sides exchange information and evidence. It is designed to prevent “trial by ambush” and ensure all parties have access to the relevant facts. Besides subpoenas, your attorney will use other discovery tools:

Requests for Production of Documents: These are formal written requests to the defendants (the government agency) to produce specific documents and evidence, including the video footage, police reports, internal investigation files, and training manuals.
Interrogatories: These are written questions sent to the defendants that they must answer under oath. Your attorney can ask specific questions about the video footage, such as who has custody of it, whether it has been altered, and the department’s policy on camera activation.
Depositions: This is sworn testimony taken out of court. Your attorney can depose the officers involved in the incident, their supervisors, and the records custodian. During a deposition, your attorney can ask them direct questions about what is shown on the video footage.

Overcoming Objections and Filing Motions to Compel

Even after a lawsuit is filed, the agency’s lawyers may still object to producing the video, citing the same reasons (like an ongoing investigation). If this happens, your attorney’s job is to fight back. They can file a “motion to compel” with the court.

This motion asks the judge to order the agency to produce the footage. Your attorney will present legal arguments explaining why the video is relevant and necessary for your case and why the agency’s objections are invalid. The judge can then review the video in camera (in private) to decide if it should be released to you. More often than not, if the footage is relevant to the wrongful death claim, the judge will order its production.

How Bodycam and Dashcam Footage is Used in a Wrongful Death Claim

Once obtained, the video footage becomes the centerpiece of your wrongful death case. Its value cannot be overstated. It provides an objective record that can prove liability, counter official narratives, and show the full extent of the harm caused.

Establishing Liability and Negligence

The primary purpose of the footage is to prove that the officer or public employee acted negligently proven or wrongfully, causing the death. The video can show, second by second:

Whether an officer used excessive or unjustified force.
If a police pursuit was conducted in a reckless manner that endangered the public.
Whether an officer failed to provide necessary medical bills and aid in a timely fashion.
If the official account of events is accurate.

Contradicting Official Reports

In many wrongful death cases, the officer’s written report presents a narrative that justifies their actions. The bodycam footage is the most powerful tool for challenging that narrative. A report might claim an individual was reaching for a weapon, but the video may show their hands were empty and in the air. A report might state that verbal commands were ignored, but the audio may reveal that no clear commands were ever given. These discrepancies can destroy an officer’s credibility and form the basis of a successful claim.

Identifying All Responsible Parties

A single incident can involve multiple officers from one or more agencies. The video footage helps identify every officer present and documents their individual actions or failures to act. This is crucial for ensuring that all responsible parties and their employing agencies are held accountable in the lawsuit.

Demonstrating Damages

In a wrongful death claim, the family can seek compensation for their loss. In a related “survival action,” the claim is brought on behalf of the decedent’s estate for the harm they suffered before death. The video and audio can be powerful evidence of the decedent’s conscious pain and suffering. This can be difficult to watch, but it is essential for demonstrating the full measure of damages to a jury. For example, the footage can show how long the individual was in pain or distress before they passed away, which can significantly impact the value of the claim.

Conclusion

Securing police bodycam and dashcam footage in an Arizona wrongful death case is a two, path process. It begins with a formal public records request under state law, a step that any individual can take. However, due to legal exemptions, particularly the claim of an ongoing investigation, these initial requests are frequently denied in high, stakes cases involving a fatality. This is where the second, more powerful path becomes essential: civil litigation. By filing a wrongful death lawsuit, you gain access to the tools of legal discovery, including subpoenas and motions to compel, which transform your request into a court, enforceable demand for evidence.

The video evidence itself is often the key to uncovering the truth. It provides an unbiased account that can validate a family’s claims, dismantle a flawed official narrative, and clearly establish the liability needed to hold a government agency accountable. The journey to obtain this footage can be long and legally complex, requiring persistence and a deep understanding of both public records law and the rules of civil procedure.

If you have lost a loved one in an incident involving law enforcement and believe crucial video evidence is being withheld, you do not have to face this challenge alone. The most effective way to secure this evidence and pursue justice is to work with a legal team that has experience forcing government entities to be transparent. To understand your rights and begin the process of demanding the answers you deserve, contact our firm for a confidential and no, cost case evaluation. We can help you take the necessary legal steps to uncover the truth and fight for accountability. Contact us for free evaluation today.

How to Request Police Bodycam and Dashcam Footage in Arizona Wrongful Death Cases