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

StateAccess Policy Detail
CaliforniaConsiders footage a public record; generally requires release within 45 days of a recorded incident.
ColoradoMandates release to the public within 21 days if there is a complaint of officer misconduct.
North DakotaIncludes footage in public records but provides broad exemptions for videos recorded in private places (e.g., a residence).
FloridaConsiders it public but exempts footage taken in private residences, healthcare facilities, or other areas with a “reasonable expectation of privacy.”
MarylandClosely follows ACLU-recommended transparency models, mandating statewide use and broad public access.
South CarolinaMandates 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.

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