In a police misconduct or jail case, video is often the most important evidence there is. It is also the evidence most likely to disappear. Body cameras, dash cameras, and jail surveillance systems are routinely overwritten on a schedule, and once a recording is gone, it is usually gone for good.
Here is how long video tends to last in Missouri, and what to do in the first days to keep it.
The clock
How long do police keep body camera and dashcam video?
It depends heavily on whether there is a criminal case.
No criminal charges
In our experience, when no one is charged, video can be overwritten in as little as 30 days. Retention policies vary by agency, and some are shorter.
Criminal charges filed
When there is a criminal case, video is generally kept while the case is pending and through the time for appeal. After that, it may be deleted on the agency’s normal schedule.
Jail and detention center cameras often run on even shorter loops. If something happened in custody, note the date, time, and location, and get that information to a lawyer quickly.
The first step
How do you stop police from deleting video?
Send a written preservation demand as early as possible.
A preservation letter identifies the incident, the officers or units involved, the date and time, and the specific recordings and records to keep, including body camera, dashcam, jail surveillance, dispatch audio, and computer-aided dispatch logs. It puts the agency on notice that litigation is anticipated.
Once an agency has that notice, destroying the evidence can have consequences in a later lawsuit. Without the letter, routine deletion may be exactly what happens. We send preservation letters at the start of every civil rights matter we take.
Getting a copy
Can I get police video under the Missouri Sunshine Law?
Sometimes, and the rules are specific. They are in RSMo 610.100.
- Incident reports are generally open records.
- Mobile video recordings and investigative reports are closed records until the investigation becomes inactive.
- Video recorded in a nonpublic location, such as inside a home, may be closed. But the person depicted, their attorney, or certain family members if the person is a minor, deceased, or incompetent, can request a complete, unaltered copy in writing.
A Sunshine Law request is not the same as a preservation demand. Requesting a copy does not guarantee the agency keeps the original, so both may be needed.
Other sources
What other video should I look for after a police encounter?
- Your own phone and any recordings you made. Back them up immediately.
- Bystanders. Write down names and contact information for anyone who recorded.
- Businesses and homes nearby. Store cameras and doorbell cameras often overwrite within days. Ask the owner to save the footage right away.
- Do not post it online before talking to a lawyer, especially if there is a criminal case. Public posts can affect both cases.
Answers
Police video questions we hear
How long do police keep body camera footage in Missouri?
It varies by agency. In our experience, without criminal charges video can be overwritten in as little as 30 days. With a pending criminal case, it is generally kept while the case and any appeal are pending.
Can I get a copy of my body camera video?
Under RSMo 610.100, police video is a closed record until the investigation becomes inactive. Video recorded in a nonpublic location can be closed, but the person depicted or their attorney can request a complete, unaltered copy in writing.
What is a preservation letter?
A written demand that an agency keep specific evidence, such as body camera, dashcam, jail video, and dispatch records, because litigation is anticipated. It should be sent as early as possible.
How long is jail surveillance video kept?
Often only a short time. Jail systems commonly overwrite on a loop, so the date, time, and location of an incident should be documented and sent to a lawyer quickly.
Should I post my video of the arrest online?
Talk to a lawyer first. Posting video can affect a pending criminal case and a later civil case.
See our police misconduct and excessive force page and what we look for before taking a case, or call 573-638-8529. For plate reader data in a criminal case, see Flock license plate cameras in Missouri.
Talk to us
The video will not wait.
If you believe police or jail staff violated your rights, tell us about any video right away. The first weeks matter most.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information, not legal advice, and it does not create an attorney-client relationship. Retention practices differ by agency and can change.
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