Tuesday, August 23, 2016
Ind. Gov't. - Updating "Citing new law, Evansville police increase costs to view, obtain body camera footage"
The original ILB post, referencing a story in the Evansville Courier & Press, appeared on Aug. 17th. Later that same day, the ILB posted a note from a reader, pointing to the statute to question the legality of a charge of $37.50 per hour to watch the recording at the police station.
On August 18, in a post headed "Evansville Police Dept. backtracks on body camera viewing fee," the ILB quoted a new C&P story that credited the ILB post for the removal of the viewing charge.
Yesterday, the ILB received a note from Steve Key, counsel to the Hoosier State Press Association, that raises an additional issue:
I also question whether a law enforcement agency can justify a $150 fee for a copy. A clerk getting $20 a hour pay would have to spend 7 ½ hours creating the copy to reach the $150 cap (not adding in cost of disc or memory stick police put copy on or 5% upcharge allowed under “direct cost” definition.
If that’s the usual time frame, then law enforcement agencies and/or prosecutors are going to be overwhelmed because a defense attorney is always going to ask for copies of police body camera video as well as all private and public surveillance camera video camera footage that might become evidence in a criminal case.
I think Evansville police committed the same error a lot of departments will – they read $150 cap and think they can charge it without taking into account the “direct costs” limitation that first applies.
Posted by Marcia Oddi on August 23, 2016 09:08 AM
Posted to Indiana Government