New Directive Regarding Body Worn Camera Policy

Akansha Khurana • January 28, 2022

Recently the Attorney General enacted the Body Worn Camera (BWC) policy. This policy is a new directive and our office is familiar with how it will affect our clients.



The use of BWCs has been a matter of contention in New Jersey for several years. Civil rights proponents believe its usage should be required at all times to maintain accuracy in legal proceedings, during which police officers write up investigative reports after arrests and interviews. From November 2020 to January 2022, police officers were not allowed to review their own body camera footage before writing up investigation reports.


In January 2022, Governor Murphy signed into law that police officers are now allowed to review their body camera footage before writing reports, with the exception of several special circumstances including but not limited to:

·        If a firearm was discharged during the incident

·        If the incident involved the death of an individual while in law enforcement custody

·        If the officer will be the subject of an internal affairs complaint

·        If the officer used deadly force during the incident


As a result of our understanding of this new directive, our office is familiar with situations in which we can file motions due to misconduct during proceedings. For example, if it can be proven that a police officer watched their BWC footage before writing a report between November 2020 and January 2022, we may have grounds to file a motion due to misconduct. Additionally, if our office handles a case that occurred after July 21, 2022, and the police officer involved was not equipped with a BWC, we may have grounds to file a motion in your case.


Our law offices recently handled a case in which BWC policies were violated, and our Motion to Dismiss the charges resulted in a successful outcome for our client. As the body cameras are used in New Jersey, there will be many instances where they are not used correctly, and our office will use this directive to vigorously defend our clients.  

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