If you have been arrested for suspected involvement in a crime in Nebraska, you may have been aware that the officers were wearing cameras during the arrest process. It is important for you to have an understanding of how the state approaches the use of these police body cameras and the footage that they capture.
The Urban Institute indicates that in Nebraska, no audio recording of anything you say is allowed without your knowledge. Similarly, there is a stipulation that law enforcement officials should not record anything in situations where there would exist a reasonable expectation of privacy. In fact, personal privacy is one of the factors that has been identified as an area to focus on in a proposed study on the use of these cameras.
When it comes to releasing video footage, law enforcement may use discretion and prevent the release of video if it may identify an informant, give information about officer training or otherwise release essential intelligence and investigation details. However, there is no law that specifically prevents public access to video footage. There are also no guidelines currently in effect that identify for how long footage must be stored by law enforcement agencies before being destroyed.
If you would like to learn more about the use of police body cameras and footage as either means to provide potential evidence against a defendant or opportunities to identify issues during a criminal arrest, please feel free to visit the defendant's rights page of our Nebraska criminal defense website.