The Role of Police Body Cameras in Criminal Defense Cases

In recent years, police body cameras have changed how the justice system works. These small cameras, worn on officers’ uniforms, capture what happens during arrests and traffic stops. The goal is to promote transparency and accountability. But body camera footage can also play a powerful role in criminal defense cases.

If you or someone you know has been arrested in New Jersey, understanding how body camera footage can affect the case is important. This technology can support a defense, protect a person’s rights, or raise concerns about law enforcement conduct. In some cases, it can even lead to charges being dismissed.

What Are Police Body Cameras?

Police body cameras are small devices worn on an officer’s chest or shoulder. They record video and sound during interactions with the public. These recordings can include traffic stops, arrests, or routine calls for service.

In New Jersey, the use of body cameras has grown quickly. In 2021, Governor Phil Murphy signed a law requiring almost all patrol officers in New Jersey to wear them. The state even provided grants to help police departments purchase the cameras.

Body camera footage is now common in New Jersey courts. When handled properly, this video evidence can provide a clear view of what really happened.

Why Body Camera Footage Matters

When someone is arrested, the events leading up to that arrest are often disputed. Police reports describe one version of events. The accused may tell a different story. Witnesses may remember things in various ways. But video doesn’t forget.

Body camera footage can:

• Show whether an officer followed proper procedures

• Reveal the tone and conduct of both parties

• Capture what was said or done at the scene

• Confirm or challenge statements made in court

This footage gives defense attorneys another tool to protect their clients. It allows them to look closely at how an arrest happened and whether it was legal.

How Defense Attorneys Use Body Camera Footage

In a criminal case, a defense attorney may ask for the body camera footage as part of discovery. Discovery is the legal process where both sides share evidence.

Once the footage is obtained, the attorney reviews every second of it. They look for:

• Any signs of illegal search or seizure

• Whether the police had probable cause to stop or arrest someone

• If Miranda rights were properly given

• Whether force was used and if it was justified

This evidence can support motions to suppress, which ask the court to throw out illegally obtained evidence. If successful, it can weaken the prosecution’s case or lead to a dismissal.

Example: Proving a Search Was Unlawful

Imagine someone is pulled over for speeding. During the stop, police search their vehicle and find illegal drugs. The driver is arrested. But the body camera footage shows that the officer searched the car without asking for consent and without probable cause.

In that case, the defense attorney may argue that the search was unlawful. If the court agrees, the evidence — the drugs — may be suppressed. Without that key evidence, the case might fall apart.

Example: Highlighting Use of Excessive Force

Body cameras also play a key role in cases involving excessive force. If someone is injured during an arrest and claims the police used more force than needed, the footage can confirm or disprove the claim.

In some cases, body camera footage has shown officers acting aggressively, using racial slurs, or failing to follow department rules. This footage not only supports the accused but can lead to internal investigations and even officer discipline.

Legal Requirements in New Jersey

In New Jersey, police officers are required to activate their body cameras during most public interactions. This includes:

• Traffic stops

• Arrests

• Searches

• Interviews with suspects or witnesses

Officers must also keep the cameras running unless they have a legal reason to stop recording. If an officer fails to turn on their camera, it may raise questions about what they are trying to hide.

There are also rules about storing and sharing the footage. Law enforcement agencies must keep body camera footage for a certain amount of time, depending on the situation. If the footage involves an arrest or use of force, it may need to be kept for years.

Problems That Can Arise

While body cameras can help the defense, there are challenges too.

1. Missing Footage: Sometimes, footage is lost, deleted, or never recorded. An officer may forget to turn on the camera, or a technical issue may prevent recording. In such cases, the defense can raise concerns about what was missed.

2. Selective Recording: Some cameras allow officers to pause or stop recording. This can lead to claims of bias or tampering.

3. Privacy Concerns: Body camera footage often includes personal or sensitive information. Courts may limit how the footage is used or shared.

Despite these challenges, courts across New Jersey recognize the value of body cameras. Judges increasingly expect video evidence to be available in many cases.

The Impact on Jury Trials

In cases that go to trial, body camera footage can shape the jury’s opinion. Jurors may watch the footage to see how the arrest happened. They can hear the tone of the conversation and see each person’s behavior.

This can be powerful evidence. Jurors tend to believe what they see. A calm and polite defendant may win sympathy. An aggressive officer may lose credibility. In this way, body cameras can level the playing field in a courtroom.

However, jurors must also be reminded that cameras have limits. They don’t always capture everything. The angle may miss important details. Background sounds may be hard to hear. Lighting or obstructions can distort what’s shown.

That’s why it’s crucial for defense attorneys to explain what the footage shows and what it might miss.

Statistics and Trends

Body cameras are now used by more than 90% of police departments across the United States. According to a report from the Bureau of Justice Statistics:

• 80% of large police departments had fully deployed body cameras by 2021.

• Over 60% of officers believe body cameras improve their behavior.

• 94% of prosecutors said body camera footage has been useful in court.

In New Jersey, millions have been spent to expand the use of body cameras. The state passed laws requiring their use in nearly all interactions. This reflects a growing trust in technology to increase fairness and reduce misconduct.

What to Do If You’re Arrested

If you are arrested in New Jersey, follow these steps:

1. Stay calm and be polite.

2. Do not argue or resist arrest.

3. Ask if the officer’s body camera is recording.

4. Do not answer questions without a lawyer.

5. Contact a criminal defense attorney right away.

An experienced attorney can request the body camera footage and analyze it for your defense. If your rights were violated, that footage could be key to clearing your name.

How Legal Counsel Can Help

Navigating the legal system alone is hard. If you believe police acted unfairly, you need someone who can protect your rights. A skilled attorney can:

• Request and review body camera footage

• File motions to suppress illegal evidence

• Question the methods used by police

• Represent you in court or negotiations

At a time when your freedom is at risk, strong legal help makes a difference.

Get the Help You Deserve

If you’ve been charged with a crime in New Jersey and believe body camera footage could help your case, it’s time to act. You don’t have to face the system alone.

Gregg A. Wisotsky, Esq., Partner at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, provides criminal defense representation across New Jersey. He offers honest, personalized service and will carefully investigate your case. If your rights were violated or you were treated unfairly, his office is ready to help.

Call 973-898-0161 to schedule a free phone consultation or contact the office online. Your future is too important to leave to chance. Let a trusted attorney fight for you.