South Dakota: Behind the Times
There is no single federal law governing the public record status of police body and dashcam footage, resulting in a complex patchwork of state laws.
National Landscape
- Total States with Laws: At least 34 states and the District of Columbia have enacted specific legislation addressing police body-worn cameras (BWCs) as of late 2025.
- Public Record Designation: Approximately 24 states and D.C. have laws specifically clarifying the status of this data under open records requests.
- Restrictive Jurisdictions: Roughly 9 to 13 states (including Alabama, Arizona, North Carolina, and South Dakota) are considered highly restrictive, often granting law enforcement broad discretion to withhold footage.
States with Noteworthy Access Laws
| State | Access Policy Detail |
|---|---|
| California | Considers footage a public record; generally requires release within 45 days of a recorded incident. |
| Colorado | Mandates release to the public within 21 days if there is a complaint of officer misconduct. |
| North Dakota | Includes footage in public records but provides broad exemptions for videos recorded in private places (e.g., a residence). |
| Florida | Considers it public but exempts footage taken in private residences, healthcare facilities, or other areas with a “reasonable expectation of privacy.” |
| Maryland | Closely follows ACLU-recommended transparency models, mandating statewide use and broad public access. |
| South Carolina | Mandates statewide use but generally exempts footage from public disclosure under its Freedom of Information Act, except to those with a direct interest. |
South Dakota Context (2026)
South Dakota remains an outlier with highly restrictive policies. State law (SDCL 1-27-1.5) classifies law enforcement records as non-public investigative records.
- Full Discretion: Local agencies have total discretion to release or withhold footage. In practice, public releases are extremely rare unless the footage is presented in a criminal or civil trial.
- Legislative Status: Efforts to mandate public access or standardized release policies have been repeatedly defeated in the state legislature as recently as 2025.
Common State Exceptions
Even in states where footage is a public record, law enforcement can typically withhold or redact video based on:
- Ongoing Investigations: Withholding until a case is closed.
- Privacy Interests: Redacting faces or intimate details of victims, minors, or bystanders.
- Private Settings: Recordings inside private homes are often exempt from general open records laws to protect citizens’ privacy.