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So this isn't an unsolvable problem but is part of the complexity of the current situation. In a lot of states, on body video has been determined by statute or
by jcrawfordor 3y ago
So this isn't an unsolvable problem but is part of the complexity of the current situation. In a lot of states, on body video has been determined by statute or case law to be public record. This means it is all subject to release if a member of a public makes a request. How much, if at all, the video can be trimmed or censored varies by jurisdiction. In some states police have latitude to edit video released, but the more common situation is that police departments are prohibited from any type of editing, in response to public records requests, unless they have a specific statutory authority to do so.
The legislation to clear these situations up can be complicated and extremely difficult to get passed because of the differing interests involved.
Complicating things further, police departments can usually do any editing or redaction they want on material they release voluntarily. Policy and union collective bargaining agreements may also restrict what information can be released to specific parties like internal affairs investigators. This all means that what is redacted vs left in, for the same incident, can depend on how the video was requested and by whom. Ironically, in states with public records laws, a random member of the public will often get the most complete version, more complete than what misconduct investigators are allowed to see.