Home / Police and court records
How to Get Body Cam Footage of Your Own Arrest in Florida: Requesting the Bodycam Video
TL;DR: Body cam footage of your arrest is a public record in Florida, and you have a right to it. To get body cam footage of your arrest, ask the agency that arrested you. An open case can delay release until it ends, so ask with care if you face charges.
Most arrests in the state now show up on an officer's or deputy's body cam. The bodycam video may show the stop, the questions, the handcuffs, and the ride to jail. This guide covers how to get it, and why timing matters so much.
Is body cam footage of your arrest a public record?
Yes. Body camera footage an officer makes on duty is a public record. Sound and film count the same as paper.
State law defines a body camera as a recording device an officer wears on the body. It records sound and video while the officer works. That meaning comes from section 119.071(2)(l)1.a., Florida Statutes.
A dash cam in a patrol car is not worn on the body, so it does not fit that meaning. This guide is about body cams. For the wider rules, see how to request body cam footage.
Do you have a special right to your own footage?
Yes. The law closes some body cam footage to the public.
Even then, section 119.071(2)(l)4. says the agency must give it to these people:
- A person the body cam recorded. The agency may limit this to the parts that show that person.
- That person's personal representative, such as a parent, a court-named guardian, a lawyer, or an agent with written consent.
- A person who lived in the place recorded, for the parts that show the inside.
- Anyone, under a court order.
Before it orders release, a court weighs set points. One is whether the person who asks needs the footage as evidence in a case. Others are whether release would harm someone's safety or good name, and whether cuts can shield private facts.
So if you are the one on camera, say so in your request.
Why is release of arrest footage often delayed?
The main reason is the shield for active criminal investigative information. That term means case work police gather while they still work a crime. The law keeps it out of public view for a time, under section 119.071(2)(c)1.
Body cam footage of an arrest is often part of that case work. The body cam rule does not cancel this shield, under section 119.071(2)(l)7. So the open case can delay release, even to you.
The shield is narrow. Its goal is to keep an early leak from hurting the case or tipping off a suspect. Tribune Co. v. Public Records, 493 So. 2d 480 (Fla. 2d DCA 1986).
What does active mean?
Case work stays active while police still expect, in good faith, to make an arrest or bring charges soon. It also stays active while a case or direct appeal is pending. Section 119.011(3)(d) sets both rules.
The police must prove the shield applies. Florida Freedom Newspapers, Inc. v. Dempsey, 478 So. 2d 1128 (Fla. 1st DCA 1985). Saying the case is open is not enough by itself.
What stays public even in an open case?
Some arrest facts are never closed as case work. These include the time, date, and place of the arrest, and the crime charged. Section 119.011(3)(c) lists them.
So even while the footage waits, you can get the basic facts of the arrest. See how to get a police report after an arrest.
When does the open case shield end?
It ends when the case is no longer active. If no charges come, the file should open once police stop the work. Barfield v. City of Fort Lauderdale Police Department, 639 So. 2d 1012 (Fla. 4th DCA 1994).
In a charged case, it ends once the conviction and sentence are final. State v. Kokal, 562 So. 2d 324 (Fla. 1990). A dismissal ends the pending case too.
Discovery can open a lane sooner. Discovery is the step where the state shares its evidence with the defense. Records given to the person charged lose the case work shield in most cases, under section 119.011(3)(c)5.
In one case, a reporter got tape recordings the state had given the defendant. Satz v. Blankenship, 407 So. 2d 396 (Fla. 4th DCA 1981). For more, see when the active case shield ends.
Can other rules keep parts of the video closed?
Yes. Section 119.071(2)(l)2. closes body cam footage shot in three kinds of places:
- Inside a home where someone lives.
- Inside a hospital or other health care site, a mental health site, or a social services site.
- In any spot where a fair-minded person would expect privacy.
If police made the arrest on a street or in a store, these rules may not reach the footage. If the office says one does, ask it to give its reasons in writing under section 119.07(1)(f).
Other laws can also cut parts of the clip. Facts that could name a sex crime or child abuse victim stay closed, under section 119.071(2)(h). The substance of a confession stays closed until the case ends, under section 119.071(2)(e).
The agency must cut only the closed part and give you the rest. Section 119.07(1)(d) sets that rule.
How do you request body cam footage of your arrest?
Send a public records request to the agency that made the arrest. That may be a city police department, a sheriff's office, or a state agency. Many agencies have a records unit or an online portal, so ask how it takes requests.
- Give the date, time, and place of the arrest.
- Give the case number or arrest report number if you have it.
- Name each officer or deputy, if you know them.
- Ask for all body camera footage of the arrest, from each officer, from start to end.
- Say you are the person recorded.
- Say if you want to view the footage, get a copy, or both.
You do not need a form, and the law does not make you write it down. Dade Aviation Consultants v. Knight Ridder, Inc., 800 So. 2d 302 (Fla. 3d DCA 2001). A written request still helps, since it shows the date you asked.
You do not have to say why you want the footage. Curry v. State, 811 So. 2d 736 (Fla. 4th DCA 2002).
How long will the agency keep the footage?
An agency must keep body cam footage for no less than 90 days, under section 119.071(2)(l)5. Many keep it longer, but ask early so the footage still exists.
What will it cost?
You can view a public record for free unless a law sets a fee. State ex rel. Davis v. McMillan, 38 So. 666 (Fla. 1905). A copy costs only the supplies used to make it, not staff time.
A long clip may need a lot of review and blurring. That can add a special service charge under section 119.07(4)(d).
Ask for a cost quote first. See what an office can charge.
What does section 943.1718 do?
Section 943.1718 is a separate law, not the source of the privacy rules. Each agency whose officers wear body cams must adopt written rules. They cover use, care, storage, how long to keep footage, training, and release.
It also lets an officer view the footage before writing a report, under section 943.1718(2)(d). And it says Chapter 934, the state wiretap law, does not apply to body cams.
What if you face criminal charges?
Talk to your defense lawyer before you send a request. Your lawyer can use discovery under Rule 3.220 of the Florida Rules of Criminal Procedure. That often reaches the footage before a public records request does.
In a DUI arrest, for example, the video evidence may include the field sobriety test. Your lawyer will know how to use it.
A public records request does not widen or limit the rules of discovery, under section 119.07(8). The state's top court held that a defendant who asks for police records about a pending case opts into discovery. Henderson v. State, 745 So. 2d 319 (Fla. 1999).
That can mean you owe the state your own evidence in return. So weigh it with your lawyer first.
What if the case is over, or you were not charged?
Ask again. Once the case is no longer active, the open case shield should not block release.
A privacy rule may still close some footage to the public. Your own right as the person recorded still applies.
Related
- How to request body cam footage in Florida
- Are records of an active criminal investigation public in Florida
- How to get a Florida police report after an arrest
- Are arrest records public in Florida
- How much can a Florida agency charge for public records
Frequently asked questions
- Can I get body cam footage of my own arrest in Florida?
- Yes, in most cases. The law requires the agency to give body camera footage to the person recorded. An open case can still delay release until it ends.
- Is it possible to request bodycam footage for someone else?
- Yes. Anyone can ask for public records, and you do not have to say why. Some footage, such as clips shot inside a home, stays closed to the public.
- When does a Florida criminal case stop being active?
- When police no longer expect, in good faith, to make an arrest or bring charges soon. No trial or direct appeal can be pending either.
- Is there a faster way to get body cam footage if I face criminal charges?
- Often, yes. Your defense lawyer can get the footage through discovery under Rule 3.220 of the Florida Rules of Criminal Procedure.
- Is body cam footage kept forever?
- No. The law says an agency must keep body cam footage for no less than 90 days. Ask early so the footage still exists.
- Does making a public records request as a defendant create any risk?
- It can. A defendant who asks for police records about a pending case opts into discovery and may owe evidence in return. Talk to your defense lawyer first.
Not legal advice. Educational and informational content only. Reading this site does not create an attorney-client relationship. For advice on a specific matter, consult a licensed Florida attorney.