Legal Question in Traffic Law in California

Accessibilty to Police patrol car camera

Does California law require law enforcement to make available information obtained from a dash mounted camera of a patrol car? I was recently pulled over and was told a brake lamp on my vehicle failed to come on at a stop. Is it possible to request or receive the footage from the patrol car camera which would prove or disprove whether the brake lamp failed or not? I have had the brake lamp checked and found there is nothing wrong with it. The officer searched the vehicle for no apparent reason during the stop.


Asked on 6/30/09, 1:04 am

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Accessibilty to Police patrol car camera

If I were your lawyer and I wanted to challenge the search, I would obtain the tape through a discovery request and yes, it is the law that it would have to be turned over.

Whether your stop light was or wasn't working may or may not be relevant to the search -- you didn't consent, did you?

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Answered on 6/30/09, 3:18 pm
Joe Dane Law Office of Joe Dane

Re: Accessibilty to Police patrol car camera

There are several "ifs" in this scenario -

If the car had video equipment

If the equipment was working

If it captured the stop

And if any tape that made still exists

Then yes, you can request it in discovery.

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Answered on 6/30/09, 3:41 pm
David M. Wallin Law Offices OF David M. Wallin

Re: Accessibilty to Police patrol car camera

You have a right , thru dicovery, to request any tape, if the patrol car was so equipped, to see if a tape exists. I don't know what was the outcome of the stop...ie arrest for a crime....traffic infraction etc..., however either you, or your attorney can make such a request. David Wallin

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Answered on 6/30/09, 4:25 pm


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