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Keep the original recording untouched, make and protect a separate copy, document where the file came from and every transfer, and promptly ask the responsible agency in writing to preserve any recordings and related records it holds. There is no single body-camera retention period that applies to every agency or incident; policies and law vary. These steps are general evidence-handling guidance, not legal advice or a device-specific forensic procedure.
How do I preserve video evidence after a use-of-force incident?
Start with the file and device or account context you already have. The aim is to preserve the original, keep a separate protected copy, and leave a clear record of what happened to each copy. NIST’s Digital Evidence Preservation: Considerations for Evidence Handlers discusses these principles for digital evidence.
Keep the original unchanged
- Do not edit, crop, trim, filter, caption, convert, rename, or overwrite the only copy. Keep the file in its original format and, when practical, retain the original phone, camera, storage card, or account context.
- If you need a shorter or shareable version, create it from a separate copy and label it as a derivative. Keep the unaltered original separately.
- Do not post or send the only copy as a way to preserve it. Whether to share sensitive or identifying material publicly is a separate legal and safety decision; a qualified lawyer can advise on that choice.
- If the recording is on a device or in a cloud or platform account, avoid actions that could overwrite or alter it. NIST’s guidance is not a device-specific manual; seek qualified digital-forensics help if you are unsure how to handle the device or account.
Make a separate, controlled copy
Make a separate copy promptly, if you can do so without changing or putting the original at risk. Record when and how you copied it, who did the copying, and where the copy is stored. Restrict access and keep a second protected copy where feasible. NIST describes multiple copies as a way to address corruption, and discusses secure storage, access controls, logging, and offline storage. An external drive can be one possible backup medium, but it does not establish that a file is authentic or create a chain of custody on its own.
A cloud backup is not automatically sufficient: consider who can access the account, the provider’s retention and handling, and whether access or settings could change. For any storage method, protect the file from unauthorized changes and document transfers.
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What should I record about a file’s origin and handling?
Make a dated note while the details are fresh. NIST advises documenting a digital object’s original source and how it was created or transferred. Include as much of the following as you know:
- Who recorded or supplied the file, and when and where it was recorded or received.
- The source device, account, application, or system, including identifying details if known.
- When the file was copied, who made the copy, how it was transferred, and where it was stored.
- Each later person or system that accessed, received, or handled a copy, with dates and purpose if known.
- Any associated messages, upload records, or transfer receipts that help explain the file’s origin or movement.
Keep this handling record separate from the video, in a secure place. Be factual: distinguish what you observed from what someone told you, and mark unknown details as unknown rather than filling them in by guesswork.
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What related digital records might matter?
Depending on the incident, useful records may exist beyond a phone video. This is a checklist of possible sources, not a claim that every item exists or will be available:
- Body-worn-camera and vehicle-camera recordings.
- Dispatch or radio audio and 911 recordings.
- Nearby surveillance footage and photographs.
- Original phone video, messages about the recording, and upload or transfer records.
- Agency access or download logs associated with recordings.
Identify the records as specifically as you can when asking an agency to preserve them. DOJ’s body-worn-camera guidance treats download processes, storage safeguards, retention, access, review, and public release as matters for agency policy; it does not set one national retention duration for every recording. See the DOJ COPS Office body-worn-camera recommendations and its summary of best-practice policy topics.
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What is a hash, and why does it matter for video evidence?
A hash is a digital checksum calculated from a file. NIST explains that a file can be identified by its hash and that changing the file changes the hash. A matching hash can therefore support a finding that two files are identical at the byte level since the hash was calculated. NIST recommends using a NIST-approved hashing algorithm for digital images and other objects, and keeping hash data separately in a secure location.
A hash is one part of a preservation record, not proof of everything about a recording. By itself, it does not establish who recorded the video, whether it shows the complete event, or whether it is admissible in court. If two hashes differ, do not automatically conclude that someone tampered with the evidence: a difference warrants careful assessment, and NIST discusses backups and block hashes as possible tools for evaluating integrity. If you make a hash, document which exact file was hashed, when, by whom, and with what method, and secure that record separately.
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How do I ask an agency to preserve body-camera footage?
Send a prompt, dated written request to the agency or unit likely to hold the recording. Be specific enough to help staff identify the event and records. Ask that relevant original recordings and associated records be preserved pending review or investigation, and retain a copy of the request and proof of delivery.
- Identify the incident with the date, approximate time, location, and involved officers, units, or people if known.
- List the records sought, such as body-worn or vehicle-camera recordings, dispatch or 911 audio, related photographs, and access or download logs.
- Ask the agency to preserve the relevant original recordings and associated records. Include your contact information and the date of the request.
- Keep the sent request and delivery confirmation with your handling notes.
A preservation request is a practical step; the federal guidance cited here does not establish a universal legal mechanism or guarantee that a request alone imposes a legal hold, prevents deletion, or secures disclosure. Formal procedures and deadlines depend on applicable law and circumstances. If footage may be overwritten, someone faces an investigation, or formal preservation or access rights matter, consult a qualified local attorney promptly.
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How long does police body-camera footage last?
There is no universal number of days that applies to all police body-camera recordings. Retention depends on the agency’s policy, the category of footage, applicable state and local law, and the status of an investigation or other proceeding. DOJ’s body-worn-camera materials describe retention as a policy matter; their historical examples are not current, nationwide rules. Ask the specific agency what policy applies to the recording you are trying to preserve, and make a written preservation request promptly rather than assuming footage will remain available.
What this guidance does not establish
The sources cited here are U.S. federal guidance and do not replace local law, an agency’s actual retention policy, legal advice, or qualified forensic handling. The DOJ use-of-force policy cited below governs DOJ officers; it is not a policy for every police department. It describes the standard applicable to DOJ officers and references Graham v. Connor. See the DOJ Justice Manual policy. Do not access accounts without authorization, interfere with an investigation, or alter evidence while trying to preserve it.
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