See below for North Carolina law regarding the disclosure of law enforcement recordings.
Filling out this electronic form meets the requirements of making a written request for disclosure of a law enforcement recording.
NCGS 132-1.4 A. Law enforcement agency recordings.
(c) Disclosure; General. – Recordings in the custody of a law enforcement agency shall be disclosed only as provided by this section. A person requesting disclosure of a recording must make a written request to the head of the custodial law enforcement agency that states the date and approximate time of the activity captured in the recording or otherwise identifies the activity with reasonable particularity sufficient to identify the recording to which the request refers.
The head of the custodial law enforcement agency may only disclose a recording to the following:
(1) A person whose image or voice is in the recording.
(2) A personal representative of an adult person whose image or voice is in the recording, if the adult person has consented to the disclosure.
(3) A personal representative of a minor or of an adult person under lawful guardianship whose image or voice is in the recording.
(4) A personal representative of a deceased person whose image or voice is in the recording.
(5) A personal representative of an adult person who is incapacitated and unable to provide consent to disclosure.
When disclosing the recording, the law enforcement agency shall disclose only those portions of the recording that are relevant to the person's request. A person who receives disclosure pursuant to this subsection shall not record or copy the recording.
(d) Disclosure; Factors for Consideration. – Upon receipt of the written request for disclosure, as promptly as possible, the custodial law enforcement agency must either disclose the portion of the recording relevant to the person's request or notify the requestor of the custodial law enforcement agency's decision not to disclose the recording to the requestor.
The custodial law enforcement agency may consider any of the following factors in determining if a recording is disclosed:
(1) If the person requesting disclosure of the recording is a person authorized to receive disclosure pursuant to subsection (c) of this section.
(2) If the recording contains information that is otherwise confidential or exempt from disclosure or release under State or federal law.
(3) If disclosure would reveal information regarding a person that is of a highly sensitive personal nature.
(4) If disclosure may harm the reputation or jeopardize the safety of a person.
(5) If disclosure would create a serious threat to the fair, impartial, and orderly administration of justice.
(6) If confidentiality is necessary to protect either an active or inactive internal or criminal investigation or potential internal or criminal investigation.
(e) Appeal of Disclosure Denial. – If a law enforcement agency denies disclosure pursuant to subsection (d) of this section, or has failed to provide disclosure more than three business days after the request for disclosure, the person seeking disclosure may apply to the superior court in any county where any portion of the recording was made for a review of the denial of disclosure. The court may conduct an in-camera review of the recording. The court may order the disclosure of the recording only if the court finds that the law enforcement agency abused its discretion in denying the request for disclosure. The court may only order disclosure of those portions of the recording that are relevant to the person's request. A person who receives disclosure pursuant to this subsection shall not record or copy the recording. An order issued pursuant to this subsection may not order the release of the recording.
If your request is approved, you may VIEW ONLY the requested recording. You may not obtain a copy, video record or otherwise duplicate the recording to take away.
First Name, Middle Name, Last Name
*A personal representative is defined by NCGS 132.1.4 as a parent, court-appointed guardian, spouse, or attorney. If the person whose image or voice is in the recording is deceased, the term also means the representative of the estate of the deceased person; the deceased person’s surviving spouse, parent, or adult child; the deceased person’s attorney; or the parent or guardian of a surviving minor child of the deceased. You may be required to provide documentation that you meet the definition of a personal representative before this request is granted.
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