If a public South Carolina employee uses a publicly owned South Carolina bodycam, why is that video not public?
State Law
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-240 SO AS TO DEFINE THE TERM “BODY-WORN CAMERA”; TO REQUIRE ALL STATE AND LOCAL LAW ENFORCEMENT OFFICERS TO IMPLEMENT THE USE OF BODY-WORN CAMERAS PURSUANT TO GUIDELINES ESTABLISHED BY THE LAW ENFORCEMENT TRAINING COUNCIL; REQUIRE STATE AND LOCAL LAW ENFORCEMENT AGENCIES TO SUBMIT POLICIES AND PROCEDURES RELATED TO THE USE OF BODY-WORN CAMERAS TO THE LAW ENFORCEMENT TRAINING COUNCIL FOR REVIEW, APPROVAL, OR DISAPPROVAL; TO ESTABLISH A “BODY-WORN CAMERAS FUND”; AND TO PROVIDE THAT DATA RECORDED BY A BODY-WORN CAMERA IS NOT SUBJECT TO DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT.
This is the summary of the law that provides for South Carolina law enforcement officers to have body cameras. The last line is very disconcerting for those, other than police, that may want to see what is recorded by those cameras. People like citizen watchdog groups, attorneys and concerned citizens DO have the right to file FOIA requests for Dashcam footage. But, for BodyCam footage this was specifically written OUT of the bill. Why would bodycam footage recorded on police officers while on duty not be subject to public review?
Useful for Police
Bodyacam footage can be used by police to gather evidence. An example of that is the footage below that clearly identified the man who shot officer Quincy Smith.
But what if the footage shows exculpatory evidence for the accused? You will have to fight that to be able to get the footage.
Now, if you are arrested for DUI and subjugate yourself to an test (you are not compelled by law to take these tests) they must record that test, whether it is roadside agility or a breathalyzer, the police must record and keep that evidence. South Carolina’s statute requires video of DUI tests to be recorded. It must be recorded from the time an officer sees a suspected drunk driver. It has to last to the moment the suspect is arrested and put in the patrol car.
If there is any sort of imperfection, a mechanical glitch, the foot goes out of the frame, somebody even staggers out of the shot in some cases, in South Carolina if you lose the video you have no chance of getting a DUI conviction
All Cameras are not equal
If, however, you are minding your own business when police pepper spray you, things could be different without that footage. Take, for example, this young Maryland man to whom that happened. After one cop sprayed him, the others came up with charges so the spraying cop wasn’t himself charged for assault. The bodycam video made it clear that the man was innocent.
If that video was on a South Carolina bodycam, no luck. Hold police accountable for the charges they press. You should be cleared if video shows the cop saying you’re innocent. Not all cops are bad, but good cops need to push to get rid of the bad apples.
We need to establish that video recorded from publicly owned cameras, won by public employees while operating in the public should be public property. Especially if it contains exculpatory evidence. Ask your legislators to make South Carolina Bodycam videos public property subject to FOIA.