Body Cameras & Police Brutality

High-profile cases such as the killing of Michael Brown and the murder of George Floyd contributed to police departments across the United States adopting body camera policies. Many of these policies require officers to wear body cameras during most direct interactions with the public, subject to statutory exceptions.

These developments raise important questions: Do body cameras prevent police brutality? And if you have been the victim of police brutality, how can body camera footage impact your case?

Understanding how body cameras can affect police brutality cases can be a critical step toward pursuing justice. Speak with one of our Chicago police brutality lawyers to learn more.

Do body cameras prevent police brutality?

Body cameras do not eliminate police brutality. Research summarized by the New York Times has found that some police departments using body cameras experience complaint rates similar to those without them. Additionally, a 2020 study on body cameras suggests that in many police departments, they produce few overall changes in officer behavior.

Even so, body cameras may still play a meaningful role.

Some reports, including research associated with the University of Chicago Crime Lab and the Council on Criminal Justice’s Task Force on Policing, have shown that body cameras are associated with a reduction in the use of force. In addition, according to The Marshall Project, body camera footage can serve as important evidence in civil rights claims, potentially strengthening a victim’s case.

Taken together, these findings suggest that while body cameras may reduce force in some situations, they do not guarantee a reduction in police brutality.

What are some common types of police brutality and misconduct?

Some of the most common types of police brutality and misconduct include:

• Unlawful search and seizure
• Excessive force
• False imprisonment
• Injuries while in custody
• Racial profiling
• Threats
• Harassment
• Unlawful arrest
• Physical or sexual assault

You can find one example for each of the above in the space below:

• If a police officer searches someone’s car when they lack probable cause or a lawful exception, and seizes cash within this car without a legal basis for doing so, this can be considered an unlawful search and seizure.
• If a police officer is arresting someone and assaults them during the course of arrest, when this individual is complying with the officer’s orders, this can be considered excessive force.
• If a police officer pulls you over without a legal basis, such as reasonable suspicion of a traffic or criminal offense, this may constitute an unlawful seizure and, in some cases, support a false imprisonment claim.
• If a police officer has arrested someone and, while this person is in their custody, assaults them, this can be considered injuries while in custody.
• If a police officer pulls over a particular individual and detains them solely because of their race and with no other legal basis, then this can be considered racial profiling.
• If a police officer threatens to murder someone and mentions that they are a police officer and would “get away with it,” this can be considered a threat.
• If a police officer repeatedly follows a particular individual and does so under the guise of their duties as an officer, this may constitute harassment.
• If a police officer pulls someone over and then arrests them, when this person has not committed a crime, and the officer lacked probable cause, this can be considered an unlawful arrest.
• If a police officer arrests someone and, after doing so, behaves in a sexually aggressive manner toward them, this can be considered sexual assault.

Every case is different, and these examples do not encompass all possible misdeeds by the police.

What can you do to obtain compensation for police brutality?

To obtain compensation for police brutality, you can:

• Take photos and videos of the police brutality you experienced and/or the injuries that this police brutality created.
• Speak with the witnesses who were there when the police brutality occurred and get their contact information.
• Seek medical attention immediately and tell the doctor what happened, while keeping all of your medical bills, diagnostic reports, and treatment plans, as well as any other documentation that is produced.
• Hold onto all of the clothing you wore when you experienced police brutality; this includes clothing that has been stained or damaged as a result of the brutality.
• Write down everything that happened as soon as you possibly can, including the exact time certain events occurred, where they occurred, along with any other details that may help your case.
• Speak with a Chicago police brutality lawyer who has experience handling police brutality matters.

How can body camera footage help your police brutality case?

Body camera footage can help your case by:

• Serving as objective documentation of the brutality you experienced.
• Contradicting false testimony from those involved.
• Supporting your version of events.

How can a lawyer help you obtain compensation for the police brutality you experienced?

A lawyer can help you pursue compensation for the police brutality you experienced by:

• Evaluating the merits of your case and advising next steps.
• Calculating the compensation you may be entitled to, based on the damages you sustained.
• Gathering evidence that can support your claim.
• Drafting and filing formal complaints, motions, and lawsuits that bring you closer to compensation.
• Negotiating with the police department liable for the brutality you experienced, as well as their insurer.
• Representing you during a trial, if those negotiations do not lead to a settlement.

Speak with one of our Chicago police brutality lawyers

If you have been a victim of police brutality, the attorneys at Gainsberg Injury and Accident Lawyers want to help. Contact us today to speak with one of our Chicago police brutality lawyers.