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Civil rights investigations, nationwideSheridan, Wyoming

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Video & Digital Evidence

Video evidence, found and preserved before it is overwritten.

Video has changed civil rights litigation more than any court decision. But most video is erased automatically, often within days. Locating it and preserving it is the most time-critical work in any investigation.

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Why video matters so much

In Scott v. Harris (2007), the Supreme Court held that when a video recording clearly contradicts one side's account, a court should view the facts in the light depicted by the video. A recording can end a case or make one. It is the nearest thing to an impartial witness that most cases will ever have.

Government video

Body-worn cameras, dash cameras, jail and booking cameras, interview room recordings, and 911 and dispatch audio are held by the agency involved. Each agency keeps these recordings for a limited period set by its own retention schedule. Identifying exactly which recordings should exist, and requesting them or supporting an attorney's preservation demand promptly, prevents routine deletion from destroying the evidence.

Private video

Businesses, homes, apartment buildings, buses, and passing vehicles record continuously and overwrite continuously. Many systems keep less than a month of footage, and some keep only a few days. A canvass of the area around the scene, done quickly, is the only reliable way to find these recordings in time.

From footage to timeline

Separate recordings rarely tell the story on their own. Each camera has its own clock, its own angle, and its own gaps. Synchronizing the recordings with one another and with dispatch records produces a single timeline that shows, second by second, what happened and in what order.

What the work includes

Video & Digital Evidence

01

Body and dash camera

Identifying which officers and vehicles recorded, and requesting the footage.

02

Jail and facility video

Booking, housing unit, hallway, and sally port cameras.

03

Private surveillance

Businesses, residences, and doorbell cameras near the scene.

04

Bystander video

Recordings by witnesses, and video posted to social media.

05

911 and dispatch audio

Calls, radio traffic, and computer-aided dispatch records.

06

Synchronized timeline

Every source aligned into one chronology of the event.

Questions

Common questions

How long is body camera video kept?

It depends on the agency and on state law. Retention periods differ widely, and footage that has not been flagged as evidence may be deleted on a short schedule. That is why video should be identified and requested as early as possible.

The agency says there is no video. Is that the end of it?

Not necessarily. Records such as dispatch logs, camera assignment records, and audit logs can show which devices were present and whether they recorded. Private cameras and bystander video are independent of the agency altogether.

Start with a conversation

Tell Doug what happened. The consultation is confidential.

Request a Consultation307-650-2738

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