Police dash cam footage can be a critical piece of evidence in car accident cases, providing an objective record of the events surrounding the collision. However, obtaining this footage requires navigating a complex legal and bureaucratic process. In St. Louis, Missouri, the process is governed by state laws, local policies, and procedural requirements that must be carefully followed to ensure successful access to the footage. This guide outlines the steps involved in obtaining police dash cam footage, the legal frameworks that apply, and the potential challenges that may arise during the process.

Step 1: Determine if Dash Cam Footage Exists

The first step in obtaining dash cam footage is to confirm whether it exists. Not all police vehicles in St. Louis are equipped with dash cams, and even when they are, the cameras may not have been activated at the time of the accident. To determine if footage is available, contact the police department that responded to the accident. Provide the date, time, and location of the accident, as well as the names of the officers involved, if known. The department's records division or public information office can typically confirm whether dash cam footage was recorded and whether it is still available.

Step 2: Submit a Formal Request Under Missouri's Sunshine Law

Missouri's Sunshine Law, codified under Chapter 610 of the Revised Statutes of Missouri, grants the public the right to access government records, including police dash cam footage. To request the footage, submit a formal written request to the police department that responded to the accident. The request should include specific details about the accident, such as the date, time, location, and case number, as well as a clear statement that you are requesting dash cam footage under the Sunshine Law. Be sure to include your contact information and specify the format in which you would like to receive the footage (e.g., digital file, DVD).

Step 3: Pay Any Required Fees

Under the Sunshine Law, government agencies are permitted to charge reasonable fees for copying and processing records. The police department may require you to pay these fees before releasing the dash cam footage. The fees can vary depending on the length of the footage, the format requested, and the department's policies. Be prepared to pay these fees promptly to avoid delays in processing your request. If the fees are excessive or unreasonable, you may challenge them by filing a complaint with the Missouri Attorney General's Office or seeking legal assistance.

Step 4: Address Potential Exemptions or Redactions

While the Sunshine Law provides broad access to government records, certain exemptions may apply to dash cam footage. For example, footage that is part of an ongoing investigation, contains sensitive personal information, or depicts confidential law enforcement techniques may be exempt from disclosure. If the police department denies your request or redacts portions of the footage, they must provide a written explanation citing the specific exemption under the Sunshine Law. You may appeal the decision by filing a lawsuit in circuit court or seeking mediation through the Missouri Attorney General's Office.

Step 5: Obtain a Subpoena if Necessary

If the police department refuses to release the footage voluntarily, you may need to obtain a subpoena to compel its production. A subpoena is a court order requiring the department to provide the footage as part of the discovery process in a lawsuit. To obtain a subpoena, you must file a lawsuit related to the car accident and work with your attorney to draft and serve the subpoena. The subpoena should specify the exact footage you are seeking and the legal basis for your request. Be prepared to argue that the footage is relevant to your case and necessary for a fair resolution.

Step 6: Review and Analyze the Footage

Once you obtain the dash cam footage, review it carefully to assess its relevance and potential impact on your case. Look for key details, such as the actions of the drivers, the conditions of the road, and the timing of traffic signals. If the footage is unclear or incomplete, consider consulting with an accident reconstruction expert or video forensic specialist to enhance or analyze the footage. These experts can provide valuable insights and testimony to support your claims in court or during settlement negotiations.

Step 7: Use the Footage in Your Legal Case

Dash cam footage can be a powerful tool in establishing liability, refuting false claims, and corroborating witness testimony. Use the footage strategically during settlement negotiations, mediation, or trial to strengthen your case. Be prepared to address any challenges to the footage's authenticity, relevance, or admissibility, and work with your attorney to present a compelling narrative that highlights the key details of the footage.

Conclusion

Obtaining police dash cam footage after a St. Louis car accident is a multi-step process that requires careful attention to legal and procedural requirements. By following these steps and working with an experienced attorney, you can increase your chances of securing this critical evidence and using it effectively to support your claim. Dash cam footage can provide an objective record of the accident, helping to establish liability, refute false claims, and ensure a fair resolution of your case.