Question about dash cam video

Notorious2409

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I need some insight and help on how a to obtain a copy of the dash cam video from a traffic stop involving my sister.

Do you HAVE to have an attorney to get a copy of the dash cam video? or can the citizen/person involved get a copy by requesting it?

Here is the situation,

My sister was pulled over by a male officer for not wearing a seatbelt. She had all her documentation ( license, proof of insurance). When the officer returned to the side of the car he asked her to step out of the car. She asked the officer why she was being ordered out of the car (she had no warrants or anything of the like) and he started yelling at her and told her he was going to arrest her if she didnt get out.

So she gets out of the because is terrified of this jackass at this point and in tears because she is so scared and then the cop proceeds to body search her front and back! Places his hands on her breasts, crotch, inner thighs, and her ass crack!! He even made her pull her shirt up to her bra and turn around!!!

He then cites her for no seatbelt and tells her she is allowed to go on her way and tells her next time she is asked to get out of the car by a cop that she better do as she is told. She drives her car a half mile to a wal-mart where she calls me hysterical and crying so hard she can hardly talk.

So my first question here is, to my knowledge this is against policy/law and a female officer must be called out to do a body search on a female suspect. Is this correct?

So i decide to look into this matter for my sister and i go the police dept to request a copy of the dash cam from that night and boy did i get a s*** storm going. First the lady at the front desk asked " why do you need it and what for" it doesn't matter what for, does it? i am requesting a freaking copy of it lady because i feel like my sisters rights were violated.

Then the lady at the desk tells me to "hold on" and 15 mins later a captain greets me in the lobby to question me about my sisters incounter and tells me that not all LEV's have dash cams..........

If the LEV the officer was driving was not a traffic enforcement vehicle then it would not have a dash cam onboard. BUT... he did not know for sure if it did or didnt. He never offered to check into it to see if it did. The vehicle the male officer was driving was a marked city police car with all the trimmings (apparantley without a dash cam, according to the captain i spoke with).

My question is, what are our options on this? We really don't want to have to "lawyer" up to get a copy of the dash cam video that will possibly show misdonduct by an officer. But it is clear to me that this police dept is trying to keep me from obtaining this dash cam video. The captain did say if my sister feels her rights were violated she can file a complaint which she is doing tomorrow. But we want a copy of the dash cam video.

Let me be clear here, no i was not there that night with my sister so i did not witness anything this is a fact. My sister HAS NEVER been in trouble with the law in her entire life! This incident will be the first traffic ticket (no seatbelt) she has ever received in her life. She is NOT the person to just makeup a story like this and to hear her voice that night when she called me after this encounter something was wrong.

Any advice would be apprechiated.
 

silver03svt

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Freedom of Information Act. Submit FOIA request for the dash cam footage and any and all notes the officer has for that stop. Now, under FOIA, they can charge you for the time they spend getting your request together, but I believe they must notify you first of any charges you will incur.
 

jbs$

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For the record, how old is your Sister and would she be considered by others to be attractive?
 

Notorious2409

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Freedom of Information Act. Submit FOIA request for the dash cam footage and any and all notes the officer has for that stop. Now, under FOIA, they can charge you for the time they spend getting your request together, but I believe they must notify you first of any charges you will incur.

Could you run me through the process? Is it just as simple as making the request and i wait while they go get it or is it something where it takes a few days or a week or something. Just trying to get an idea before i walk in to know what is reasonable and protocol and what is not. But thank you for the info.
 

Riddla

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I would def lawyer up in this case.
 

jbs$

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For me nothing, what I was trying to determine, was the Cop getting a cheap feel-up on an attractive young woman, or, could there be another motivation.
 

Azrael

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Some cars just don't have dash cams. Only one or two of our cars do, they were just test bed cars, and we are the largest agency in Northern California (SFPD).
 

VenomRogue

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No, you dont have to have a lawyer for dash cam requests. I have requested, and received 3, myself. One of them had to be ordered by the court, because they didnt want to play nice.

you can request under the FOIA or as a motion for discovery in the trial process. The only time I was charged for anything, was one time for postage and the DVD (it was like 6 bucks), the other 2 times were free.

I requested the footage on a fourth incident, and they couldn't produce it, and that ticket was thrown out "in the interest of justice"
 

JST A HDA

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I would try and find out if that officer/car even has a camera in it first. Not all traffic cars or "police" cars have cameras. My department does not have them b/c they are expensive to buy and they have no money lol.

As for him pulling her over for just a seatbelt? I don't know how it is in Oklahoma but here in Ohio we cannot pull you over just for a seatbelt. We have to have other PC in order to pull you over then mention the seatbelt..(plate light, no turn sig, etc like that).

Then for him to ask her to step out of the car...that's kind of random. I don't ask anyone to step out unless I have a damned good reason and I know that there is something in the car or on the person.

As for him "searching" her. Once again it goes back to your department and state regarding the laws with male to female, etc. Here male officers can "pat down" a female subject if there isn't a female officer on duty/around BUT it has to be flat palmed AND with the back of your hand and you are not allowed to go tot he crotch or feel the boobs. Legs, thighs, side of torso, arms...with females and bras....we are allowed to tell them to keep their shirt down but to grab the bottom of their bra and pull the bra out.
 

THE_EVIL_TW1N

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In CA, specifically SJ, you don't need a female officer to conduct a pat search of a female subject.

I have subjects exit their vehicles all the time (NOT every time) on stops. There's alot of variables to consider.

Also, none of our patrol vehicles have dash cams ($$).
 

Shepp1691

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I think your sister would be better off handling herself, just makes it look like you got pissed at the cop and she doesnt really care. I would start with a formal complaint at the department and start getting cruiser cam, if there is any, some departments erase that stuff pretty quick if there is no "evidence" to save on it.
 

musclefan21

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It is ideal to have a same sex conduct the search but not required. A male officer can search a female. Sometimes you don't have a female officer handy. You just gotta do it the right way. I use the back of my hand when I am patting a female down. I try to have a witness because people false accuse officers all the time. I I was accused of this crap at least 2 times. Both times they admitted they were mad because they were going to jail and came up with that BS.

If your sister truly believes she was treated unfairly, she should File a formal complaint and request to see the dash cam, if the squad was equipped at the time.
 
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Lt. ZO6

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I agree with above. If your sister feels she was victimized by the officer, then SHE needs to file a complaint. The OP has no legal standing in this issue.
 

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