Most South Carolina patrol officers are equipped with body- or dash-cams. A body cam is a small portable audio-video device that may be worn on an officer’s chest, shoulder, lapel, hat, or sunglasses. Body cams can show the events of a drug possession arrest happening in real-time, while keeping the officer honest. Alternatively, dash cams typically mount on a car’s windshield, potentially recording both the road and the vehicle’s interior.
In recent years, body cams and dash cams have become integral to drug possession cases, serving benefits for both the prosecution and defense. Video footage will show whether the officer’s conduct was professional and whether any illegal behavior occurred. If you have recently been charged with possession of a controlled substance, our Greenville drug charge defense attorneys are available to explain your rights.
Significance of Body Cam and Dash Cam Footage
An officer who is wearing a body cam is more likely to remain polite and calm and to monitor their actions. However, a police officer who is rude or behaves unprofessionally towards a criminal defendant is more likely to ruin the prosecution’s case. A jury that sees a police officer treating a criminal defendant aggressively or violating the law is more likely to return a “not guilty” verdict.
For example, if a police officer failed to read the arrestee their Miranda rights, this will be documented. Video footage will show what really happened, even if it contradicts police testimony. This can quickly destroy a police officer’s credibility. The same holds for a law enforcement vehicle that has a dash cam.
However, if there is no footage, that does not mean your charges will automatically be dropped or that your case will be dismissed. Instead of video evidence, the controlled substance itself, drug paraphernalia, and eyewitness testimony may be used.
What Happens if the Police Conceal or Destroy Video Footage?
In some cases, body or dash cam footage may undermine the prosecution’s case or reduce the defendant’s criminal liability. Even so, the prosecution is required to disclose any evidence that reduces or negates the defendant’s criminal liability under Brady vs. Maryland. Failing to disclose exculpatory evidence is known as a Brady violation. Brady violations potentially send innocent people to prison and undermine our criminal justice system. A Brady violation may result in dismissal of possession charges, a judge declaring a mistrial or ordering a new trial, and/or possible charges of prosecutorial misconduct.
How Do I Obtain Body Cam or Dash Cam Footage in South Carolina?
Although the Freedom of Information Act (FOIA) allows individuals to obtain records from federal agencies, it does not apply to body cam footage in South Carolina. SC Code § 23-1-240 (G)(1) specifically protects body cam footage from FOIA disclosure. However, if you are the subject of a recording or it is relevant to a pending criminal action, you may be able to obtain footage through filing a Rule 5 request (discovery request), obtaining a court order, or under the Rules of Criminal Procedure.
The same avenues would need to be pursued to access dash cam footage. Dashboard cameras do record on a “loop,” meaning older footage is often overwritten by newer video. So, you need to obtain the footage as soon as possible.
If you need help accessing body cam or dash cam footage, the criminal defense lawyers at Eppes & Plumblee are happy to assist. Our legal team has subpoenaed thousands of video surveillance images to build a strong defense. To give yourself the best chance of serving a minimum sentence or being acquitted, you should speak with our knowledgeable team.
Speak with Our Greenville Drug Charge Defense Attorneys Today
If you are currently facing drug possession charges, our Greenville drug charge defense lawyers would like to assist you. Our legal team knows how to obtain and use video surveillance to mitigate your culpability. To arrange a free consultation with one of our attorneys, contact Eppes & Plumblee online or by calling (864) 581-3450 at your earliest opportunity.