A Pennsylvania Commonwealth Court three-judge panel ruled Tuesday that footage filmed by police mobile video recorders should be available for public release upon request.
The panel said in their opinion that videos recorded by police in public places may contain redactions during portions used for investigative purposes.
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“Where a government agency claims that a requested record is exempt from public access, the agency has the burden of proving by a preponderance of evidence that the exemption asserted applies,” Senior Judge James Gardner Colins wrote.
The issue came before the court in Pennsylvania State Police v. Michelle Grove. Grove wanted Pennsylvania State Police dashcam video from a friend’s accident scene after the trooper’s report did not appear accurate.
Grove’s request for the video from two patrol vehicles started at the Office of Open Records and ended up in Commonwealth Court after the state police filed an appeal to the Office of Open Records decision.
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Colins wrote the first video, which had no audio, was to be released. The second, which featured police interviews with witnesses, could have some of the audio redacted. The judge noted the private citizens were not known to have had notice that recording was taking place. However, it was stated that the audio of troopers’ must be included.
The panel found that state police could not exempt the entire video because it was connected to an investigation.
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“The mere fact that a record has some connection to a criminal proceeding does not automatically exempt it,” Colins wrote.
The senior judge said making the videos available to the public was important and would allow the general public to “scrutinize the actions of public officials, and make public officials accountable for their actions.”
Locally, Penndel, Middletown, State Police in Trevose and Tullytown police have vehicle cameras.
