North Carolina passes bill to block release of police recordings.
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By Emanuella Grinberg, CNN
(CNN)Citing a desire to balance "public trust" with the rights and safety of law enforcement officers, North Carolina Gov. Pat McCrory signed legislation that blocks the release of law enforcement recordings from body cameras or dashboard cameras with limited exceptions.
But the state's attorney general says the law goes too far.
Under House Bill 972, audio and video captured by police body cameras or dashboard cameras are not public records.
Surrounded by law enforcement officers from across the state, McCrory signed the bill Monday in a news conference in Raleigh. He said the new law will promote "uniformity, clarity and transparency" by establishing clear standards and procedures for releasing law enforcement recordings.
A person whose image or voice is captured in the recording may request its disclosure in writing from the law enforcement agency. If granted, that only gets them a look at the recording; if someone wants to copy or record the footage they have to petition a judge for a court order for its release.
Previously, North Carolina had no uniform state law regarding the release of body camera footage, leaving jurisdictions to make their own rules. Dashboard camera video was considered personnel footage, allowing for its release under certain circumstances.
Now, both are off limits to the public without a court order from a judge.
"Technology like dashboard cameras and body cameras can be very helpful, but when used by itself technology can also mislead and misinform, which causes other issues and problems within our community," McCrory, a Republican, said Monday. "It's better to have rules and guidelines with all this technology than no rules and guidelines whatsoever."
Critics denounced the measure, saying it would reduce police accountability at a time of heightened public discourse on the topic after police-involved shootings in Louisiana and Minnesota and deadly sniper attacks on Dallas police.
North Carolina Attorney General Roy Cooper told CNN affiliate WTVD the law goes too far. Cooper, a Democrat, said recordings from body cameras and dashboard cameras should be treated as public record, with some exceptions for crime victims or investigations.
The measure has been in the works since April as part of a bill that included a needle exchange program.
McCrory said the recent incidents "shook the nation" and "law enforcement communities," according to CNN affiliate WRAL, but he did not explicitly state that the incidents prompted him to sign the bill.
He did, however, reference the police-involved shooting of Laquan McDonald, in which the Chicago Police Department fought efforts to release dashcam video of the incident.
"We've learned in Chicago if you hold a piece of film for a long piece of time you completely lose the trust of individuals," he said. "We've learned if you immediately release a video sometimes it distorts the picture, which is extremely unfair to our law enforcement officers.
"In North Carolina we're going to walk that fine line and do the right thing, and that's exactly what this legislation does."
The American Civil Liberties Union said the law, which takes effect in October, would sidestep police accountability.
"Body cameras should be a tool to make law enforcement more transparent and accountable to the communities they serve, but this shameful law will make it nearly impossible to achieve those goals," Susanna Birdsong, policy counsel for the ACLU of North Carolina, said in a statement.
"People who are filmed by police body cameras should not have to spend time and money to go to court in order to see that footage. These barriers are significant and we expect them to drastically reduce any potential this technology had to make law enforcement more accountable to community members."
The legislation gives police considerable latitude in considering whether to release the footage. Among the factors they may consider:
- If the disclosure would reveal information regarding a person of a "highly sensitive personal nature"
- If the disclosure "may harm the reputation or jeopardize the safety of a person"
- If disclosure would create "a serious threat to the fair, impartial, and orderly administration of justice"
- If withholding release is necessary to protect an active or inactive investigation, criminal or internal
Move out of NC @Cain
(CNN)Citing a desire to balance "public trust" with the rights and safety of law enforcement officers, North Carolina Gov. Pat McCrory signed legislation that blocks the release of law enforcement recordings from body cameras or dashboard cameras with limited exceptions.
But the state's attorney general says the law goes too far.
Under House Bill 972, audio and video captured by police body cameras or dashboard cameras are not public records.
Surrounded by law enforcement officers from across the state, McCrory signed the bill Monday in a news conference in Raleigh. He said the new law will promote "uniformity, clarity and transparency" by establishing clear standards and procedures for releasing law enforcement recordings.
A person whose image or voice is captured in the recording may request its disclosure in writing from the law enforcement agency. If granted, that only gets them a look at the recording; if someone wants to copy or record the footage they have to petition a judge for a court order for its release.
Previously, North Carolina had no uniform state law regarding the release of body camera footage, leaving jurisdictions to make their own rules. Dashboard camera video was considered personnel footage, allowing for its release under certain circumstances.
Now, both are off limits to the public without a court order from a judge.
"Technology like dashboard cameras and body cameras can be very helpful, but when used by itself technology can also mislead and misinform, which causes other issues and problems within our community," McCrory, a Republican, said Monday. "It's better to have rules and guidelines with all this technology than no rules and guidelines whatsoever."
Critics denounced the measure, saying it would reduce police accountability at a time of heightened public discourse on the topic after police-involved shootings in Louisiana and Minnesota and deadly sniper attacks on Dallas police.
North Carolina Attorney General Roy Cooper told CNN affiliate WTVD the law goes too far. Cooper, a Democrat, said recordings from body cameras and dashboard cameras should be treated as public record, with some exceptions for crime victims or investigations.
The measure has been in the works since April as part of a bill that included a needle exchange program.
McCrory said the recent incidents "shook the nation" and "law enforcement communities," according to CNN affiliate WRAL, but he did not explicitly state that the incidents prompted him to sign the bill.
He did, however, reference the police-involved shooting of Laquan McDonald, in which the Chicago Police Department fought efforts to release dashcam video of the incident.
"We've learned in Chicago if you hold a piece of film for a long piece of time you completely lose the trust of individuals," he said. "We've learned if you immediately release a video sometimes it distorts the picture, which is extremely unfair to our law enforcement officers.
"In North Carolina we're going to walk that fine line and do the right thing, and that's exactly what this legislation does."
The American Civil Liberties Union said the law, which takes effect in October, would sidestep police accountability.
"Body cameras should be a tool to make law enforcement more transparent and accountable to the communities they serve, but this shameful law will make it nearly impossible to achieve those goals," Susanna Birdsong, policy counsel for the ACLU of North Carolina, said in a statement.
"People who are filmed by police body cameras should not have to spend time and money to go to court in order to see that footage. These barriers are significant and we expect them to drastically reduce any potential this technology had to make law enforcement more accountable to community members."
The legislation gives police considerable latitude in considering whether to release the footage. Among the factors they may consider:
- If the disclosure would reveal information regarding a person of a "highly sensitive personal nature"
- If the disclosure "may harm the reputation or jeopardize the safety of a person"
- If disclosure would create "a serious threat to the fair, impartial, and orderly administration of justice"
- If withholding release is necessary to protect an active or inactive investigation, criminal or internal
Move out of NC @Cain
Comments
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Whoever voted authored lobbied for this bill needs to be named and shamed bill board status and voted out
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the swine aint playin in NC i see!!?
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Get bugs to saw off everything below VA
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Protect and serve huh? Right.
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If ? ain't talking self defense. They ain't ssying ?
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well damn
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Who's in North Carolina? I don't know if this about to get ugly but it looks like it. What other states are going to follow suit
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I've been telling y'all body cams are not the answer and there is way more to them than just the initial cost.
Body cams aren't going to make cops better trained to deal with certain situations, which is an issue that needs to be addressed more in my opinion.
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I rebuke all forms of bacon and yall should too. .
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Will Munny wrote: »I've been telling y'all body cams are not the answer and there is way more to them than just the initial cost.
Body cams aren't going to make cops better trained to deal with certain situations, which is an issue that needs to be addressed more in my opinion.
its not training.
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playmaker88 wrote: »Will Munny wrote: »I've been telling y'all body cams are not the answer and there is way more to them than just the initial cost.
Body cams aren't going to make cops better trained to deal with certain situations, which is an issue that needs to be addressed more in my opinion.
its not training.
I'm not saying it's JUST training. -
Will Munny wrote: »I've been telling y'all body cams are not the answer and there is way more to them than just the initial cost.
Body cams aren't going to make cops better trained to deal with certain situations, which is an issue that needs to be addressed more in my opinion.
Yeah but the cams have hard evidence of police brutality. They aren't there to improve police standards -
Who tha ? even initiated this ? !? These crackas getting far more blatant as the days pass.
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They block the release for police recordings from bystanders but justify every excuse on why their body cam wasn't recorded lol?
America is a joke -
CeLLaR-DooR wrote: »Will Munny wrote: »I've been telling y'all body cams are not the answer and there is way more to them than just the initial cost.
Body cams aren't going to make cops better trained to deal with certain situations, which is an issue that needs to be addressed more in my opinion.
Yeah but the cams have hard evidence of police brutality. They aren't there to improve police standards
? damnit I had this huge post written up and my safari crashed.
But long story short, body cams will still "fall off" and even when they don't they don't, they won't be charged cause they "feared for their life"
Body cams aren't the silver bullet people have made them out to be. -
And I do believe there should be transparency when it comes to body camera footage in serious events without a doubt, but everything can't be public record like it has been in some states. Criminals can't be getting access to body cam footage of police doing interviews or questioning people or they could retaliate against regular folks who "snitch"
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Pat McCrory stay on that fuckshit.
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Will Munny wrote: »CeLLaR-DooR wrote: »Will Munny wrote: »I've been telling y'all body cams are not the answer and there is way more to them than just the initial cost.
Body cams aren't going to make cops better trained to deal with certain situations, which is an issue that needs to be addressed more in my opinion.
Yeah but the cams have hard evidence of police brutality. They aren't there to improve police standards
? damnit I had this huge post written up and my safari crashed.
But long story short, body cams will still "fall off" and even when they don't they don't, they won't be charged cause they "feared for their life"
Body cams aren't the silver bullet people have made them out to be.
Whilst I agree with the sentiment in bold I think its a step in the right direction.
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Well ? NC then
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Just think of how many young black athletes not going to give a ? and still go play at UNC, Duke, NC State, etc.
Hornets and Panthers players should feel a way about this as well. -
The first lawsuit should take care of that ? . I would give if by weeks end.
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White Supremacy at work again.
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Smh...
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NC definitely been one of the worst judicial system states for the longest .....and seems they want that number one spot.
This law just buys police more time to get rid of, make excuses for, and stall out the public reaction when there's evidence of their wrong doing ...... the ol body cam fell off, is already getting run and not going over well with the public ....... funny how they use the word transparency when this is clearly a cover up .....preemptive strike -
They been using ? excuses just like w/ Alton's case (the cams came dislodged) to not show the vids to the public. Really ain't nothing anyone can do except use your own phone/camera that can't be blocked by the cops.....
