Police Use of Body Cameras During Traffic Stops

Body cameras are becoming more common during traffic stops. If you’ve ever wondered how your rights are affected, especially here in Maryland, you’re not alone. Clients often ask whether bodycam footage can be used or suppressed. The fact is, state laws differ. Let’s unpack what Maryland law says, compare it to other states, and help you understand your rights from a plaintiff’s perspective.

What does Maryland law say about bodycam footage?

In Maryland, police officers in many departments must wear body cameras during traffic stops and other interactions. The key law here is the Maryland Public Information Act and related regulations. Footage generally belongs to the government, not the individual. That means the video can be released only under specific circumstances.

If you or a loved one is stopped by police and recorded, you have certain rights. For example, you may request a copy of the footage if you’re involved in a crash or a complaint. Maryland law requires agencies to respond to footage requests within a set timeframe, though production is subject to certain exemptions and may involve fees. Crucially, the government cannot simply delete footage to hide misconduct.

How evidence is treated in court

As a defendant accused of a crime, you deserve a fair hearing. In Maryland, bodycam footage can be introduced as evidence by either side. That means if police acted improperly, the video may help prove your case. On the other hand, if the officer acted lawfully, the footage may support their position.

You may be concerned about suppression. Can you get footage thrown out? It depends. For criminal cases, suppression tends to focus on whether the stop itself violated your rights, like lacking probable cause. If a court finds the stop was unlawful, bodycam footage could be suppressed entirely or partly under the exclusionary rule.

In Maryland, suppression requires showing a legal violation tied directly to the footage.

Comparison with other states

Let’s look at a few different states to see how Maryland stacks up.

California

California requires the release of bodycam footage to involved individuals after “critical incidents” (officer-involved shootings, for example). Police have much more flexibility to deny the release of routine footage.

Bodycam evidence is conditionally admissible in court, California Penal Code 832.18 outlines the requirements for data retention, access, and privacy.

Texas

Texas allows the release of bodycam videos under certain conditions. Bodycam footage must meet the authentication standards of the Texas Rules of Evidence Rule 901.

New York

In New York, a bodycam recording must be shown to accurately represent the scene or event depicted under normal evidence authentication rules. This can be accomplished through witness testimony or by the establishment of a clear chain of custody for video and the recording equipment.

New York’s laws require disclosure of footage to involved individuals upon request. However, releases may be delayed up to 30 days, and officials can redact identifying information. Courts in New York have allowed suppression when police ignored bodycam activation policies.

Illinois

Illinois regulates the release of body-worn camera footage under the Law Enforcement Officer-Worn Body Camera Act. Under this Act, bodycam footage is admissible as evidence in court, subject to the authentication rules that govern the admission of other types of evidence.

Public release requests under the Freedom of Information Act (FOIA) can be denied under certain circumstances.

Why these differences matter

State variations affect you directly. In Maryland, you have the right to request bodycam footage—something not guaranteed in some jurisdictions (South Carolina, for example). If you were stopped across a state line during a commute or a vacation, you could face different rules.

How to protect your rights

Your attorney should request all audio and video footage in connection with the discovery in your case.

If you believe the stop was illegal, speak with a lawyer about filing a motion to suppress. Evidence from bodycams can be powerful, but only if it’s admissible. Lawyers have successfully challenged stops lacking reasonable suspicion by showing gaps in bodycam activation or contradictions in timing.

What to watch for in the video

When reviewing footage, pay attention to these key elements:

1. Timing of activation
2. Officer announcements
3. Orders and compliance
4. Use of force
5. Officer demeanor

These details often decide whether the stop was legal, whether officers followed policy, and how a jury might perceive events.

Why legal help matters

Navigating varied laws on bodycam use and evidence suppression isn’t easy. You deserve clarity and strong representation. An experienced lawyer can help secure all relevant footage, analyze it for legal vulnerabilities, and file appropriate motions in court.

Too often, clients tell me they felt dismissed or powerless during a stop. The presence of police and cameras can feel intimidating. Knowing your rights under Maryland law, and knowing how they differ from other states, gives you back some control.

Your next move

If you believe your rights were violated during a traffic stop, start by requesting footage and reviewing it with legal counsel. A criminal defense attorney can assess whether suppression is an option and can guide you through court procedures. Don’t wait—there are deadlines for public records appeals and the filing of motions.

If you’re in Maryland facing these challenges, reach out for legal representation. It is important that you move quickly, because Maryland prosecutors do not delay. If you hesitate, you could miss critical deadlines and damage your case in ways that are difficult to foresee.

At Carey Law Office we understand that no two cases are exactly alike. Each one has its nuances. You deserve a law firm that recognizes that reality and is willing to act on it.

Carey Law Office understands the Maryland law regarding traffic stop cases and suppression motions. We’ve helped our clients secure bodycam evidence and hold officers accountable. With local familiarity and tireless dedication, we can make sure your rights are protected. Contact us today and let our experience work for you in challenging improper stops and ensuring fair outcomes.