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86 U. Cin. L. Rev. 139 (2018)
Public Access to Police Body Camera Footage - It's Still Not Crystal Cleir

handle is hein.journals/ucinlr86 and id is 147 raw text is: PUBLIC ACCESS TO POLICE BODY CAMERA FOOTAGE-IT'S STILL NOT CRYSTAL CLEIR Jack Greiner* and Darren Ford** INTRODUCTION In December 2016, the Ohio Supreme Court released decisions in two momentous public records cases.I The first decision involved video footage from the dashboard cameras of two state highway patrol officers.2 In that case, the Court held that the majority of information recorded by the cameras was a public record, and not exempt under the exceptions for certain types of law enforcement and prosecutorial records.3 The second decision involved video footage from a police body camera, but the Court's holding did not establish whether the footage at issue was a public record.4 Rather, the Court addressed only whether the Hamilton County Prosecuting Attorney had unreasonably delayed release of the body camera footage, which captured University of Cincinnati officer Ray Tensing shooting Samuel Dubose.' Because the Hamilton County Prosecuting Attorney released the video shortly after suit was filed, the Court concluded that the case was moot, and that assuming the footage was a public record, the delay between the request and ultimate release was reasonable.6 In January 2017, Cincinnati Police arrested Cincinnati Bengal Adam Jones for assault and disorderly conduct.7 Though body-cameras recorded much of the incident in a nine-minute video, the Cincinnati Police Department (CPD) did not release the entire recording until after * Adjunct Professor of Law, University of Cincinnati College of Law, Partner, Graydon Head & Ritchey, LLP, J.D., University of Notre Dame. ** Associate, Graydon Head & Ritchey, LLP, J.D., University of Cincinnati College of Law. 1. State ex rel. Cincinnati Enquirer v. Ohio Dept. of Pub. Safety, 148 Ohio St.3d 433, 2016- Ohio-7987, 71 N.E.3d 258; State ex rel. Cincinnati Enquirer v. Deters, 148 Ohio St.3d 595, 2016-Ohio- 8195, 71 N.E.3d 1076. 2. State ex rel. Cincinnati Enquirer v. Ohio Dept. of Pub. Safety, 148 Ohio St.3d 433, 2016- Ohio-7987, 71 N.E.3d 258. 3. Id. at 150. 4. State ex rel. Cincinnati Enquirer v. Deters, 148 Ohio St.3d 595, 2016-Ohio-8195, 71 N.E.3d 1076,121. 5. Id. at 122. 6. Id. at TJ 21-22. 7. Kevin Grasha and Cameron Knight, Adam 'Pacman' Jones Pleads, Police Release Full Arrest Video, CINCINNATI ENQUIRER, May 16, 2017, https://www.cincinnati.com/story/news/2017/05/16/adam-pacman-jones-pleads-obstructing- police/324744001/. The case was filed in Hamilton County, Ohio. The case number was /17/CRB/132 [hereinafter Jones Pleads]. 139