SLIDE 11 2/2/2017 11
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- Art. 39.14 CCP – Discovery
- The State must provide all non-privileged information
that constitute or contain material evidence.
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- Art. 2.139. Video Recordings of Arrests for
Intoxication Offenses
- A person stopped or arrested on suspicion of an
intoxication offense is entitled … [to] a copy of any video made by or at the direction of the officer that contains footage of:
- (1) the stop;
- (2) the arrest;
- (3) the conduct of the person stopped during any interaction
with the officer, including during the administration of a field sobriety test; or
- (4) a procedure in which a specimen of the person’s breath or
blood is taken.
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- Article 2.139 has no information regarding whether the
requested intoxication video is subject to the restrictions of a request for public information.
- The statute applies not only to arrests, but also
investigatory stops; so even if a person is not arrested, he or she would be “entitled” to a copy of “any video” related to the stop – which would include in-car video, intoxilyzer room video, and body camera video.
- What if there is confidential information on the video, e.g.
SSN’s or DL’s read aloud by the dispatcher or officer?
- Confidential information should not be released;
- The videos are frequently not subject to modification – part of the
forensic safeguard discussed earlier.
