Temporary BarrierFencing

A rising hot topic in criminal law has been that of Body Worn Camera (BWC) footage and other legislatively regulated recordings, including dash camera video, in-car video, and audio recordings. As the number of states adopting BWC mandates increases, footage has increasingly become helpful in crafting and presenting defenses at trial and for purposes of negotiations. BWC and other recordings have proven to be critical in many cases because it provides the most accurate account of officer-citizen contact. Historically, this has been limited to reports prepared by officers, leaving juries to decide whether to believe the story told by the officer or the person accused of a crime. For obvious reasons, this often doesn’t work in favor of the person accused. With the introduction of video footage came a new opportunity to both build and challenge credibility.

It may also be the case that the BWC footage was destroyed. Generally, Michigan law requires that BWC footage be stored for at least 30 days from the date of recording. However, if recordings are the subject of ongoing criminal investigation, criminal prosecution, or civil action, they must be held until the completion of an investigation or legal proceeding. When recording is the subject of a formal complaint against law enforcement, it must be retained for at least 3 years. These are minimums, and law enforcement agencies with BWC policies have their own policies that provide specific retention provisions for specific types of crimes (i.e. civil infractions, felony, misdemeanor, etc.). These policies retentions policies that are often much longer than what is required by Michigan law.

Temporary barriersystems

The presence of BWC also fosters transparency and accountability, increasing the likelihood that citizens will be treated fairly. For many, the introduction of BWC has allowed for a renewed sense of safety. People within the community, however, aren’t the only ones to benefit from the recording of officer-citizen interactions. BWC is also purposed with protecting police officers.

Workplace Safety barriers

Unfortunately, Michigan does not require that police officers wear BWC. Michigan has, however, adopted regulations for the use and disclosure of video and audio recordings. This means that while Michigan does not require that police departments implement policies requiring BWC, there are regulations in place for departments that choose to do so. (Law Enforcement Body-Worn Camera Privacy Act which can be found at MCL 780.311-318). For law enforcement agencies that choose to implement BWC, Michigan law requires that officers:

Footage of an officer-citizen contact can be obtained, however, Michigan law limits who may request and receive that footage to the following: (1) the subject of the recording; (2) anyone whose property has been seized or damaged in relation to a crime; (3) a parent or legal guardian, when the subject or person with property interest is under 18; and (4) the attorney of record. The way in which you request footage may vary from county to county, and you should contact an experienced attorney should you have any issues obtaining footage of your officer-citizen contact.

Folding Safety barriers

PortableBarrierwall

At only 90kg per metre and with 6 or 12m modules available, up to 144m can be loaded on a truck bed, providing high savings in transportation when compared with similar concrete or steel systems. In addition, BG800’s ‘Quick-Link’ connection allows for rapid installation, at speeds of up to 300m per hour with just three operatives – offering clients and contractors a vast saving in both time and labour resources when compared to conventional high performance portable systems.

Nonetheless, if your BWC footage was prematurely destroyed and you believe it would be helpful to your case, this may be a due process violation and should be litigated by an experienced attorney.

The BG800™ portable steel barrier is the latest in road barrier technology, designed to protect both motorists and construction workers. Rigorously tested to meet the highest demands throughout the world, the BG800 has achieved the highest performance levels of any portable steel barrier up to NCHRP350 TL-3 or TL-4, MASH TL-3 and Security PAS 68.

SafetyBarrier

If you have been told that BWC does not exist in your case, this can mean a series of things. The first consideration is whether the police department you are dealing with is equipped with BWC. If so, the paper discovery should be scoured over to determine whether the officer provided an explanation as to why the BWC is missing. Sometimes police reports will mention faulty recording devices. If this is the issue in your case, it should be explored further by an experienced attorney.

The BG800’s unique stepped profile has proven to reduce damage to both vehicle and barrier during impact, minimising the need for repair or replacement. During impact, the BG800 provides an extremely shallow exit angle for the vehicle, minimising the risk of secondary accidents.

In addition to Michigan’s regulations on the use and disclosure of BWC, police departments have their own policies that their officers must abide by. These policies typically require that BWC be turned on prior to any citizen contact and remain activated until the conclusion of that contact. They also include instructions on storing and maintaining footage.

BG800’s galvanised steel structure offers an expected life cycle of 25 years and with its exceptional durability, the need for replacement through handling or impact damage, unlike similar portable barriers, is greatly reduced.