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How do I get a video of a police shooting in Wisconsin?

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Police agencies across the country have different requirements for surveilling officers on the job. While eight states require police to wear body cameras, all but one of them since the 2020 murder of George Floyd while in Minneapolis police custody, Wisconsin leaves the decision up to individual agencies.

Most agencies in the state use either body cameras or dashboard cameras, according to a 2021 survey conducted by the Wisconsin Department of Justice. Of the 436 agencies surveyed, 88% said they used one or the other, and 48% said they used both.

To request the body-worn or dash camera footage from a police shooting in Wisconsin, you must submit what’s known as a “public records request” to the police agency involved in the shooting. Bodycam footage must be maintained for at least 120 days after being recorded and, for serious incidents, until an investigation or case is resolved. 

This can be done with a web search for the agency’s name and “public records” or “records request.” Many agencies have a page with a phone number, email and/or mailing address alongside a form to fill out. General open records letter templates and advice are available at websites such as the Wisconsin Freedom of Information Council.

When filling out the form or submitting the written request for a police shooting video, it’s important to be as detailed as possible about the information you are looking to receive. Ask for body-worn camera and/or dash camera audio-video recordings, and write a detailed summary of the shooting in question. Relevant information can include the date, location and time of the shooting, the people involved and any other case knowledge you have. 

How quickly an agency fulfills your request depends on whether your record is “simple” or “complex,” or where it is chronologically in the police agency’s record requests log, depending on the records custodian. At many agencies, the more precise you are with your request, the more likely it is to be categorized as “simple” and completed quickly. Wisconsin law only requires that agencies provide or deny records “as soon as practicable and without delay,” but for simple requests the attorney general has suggested it should be no more than 10 days. 

Under a 2024 Wisconsin law, police agencies are allowed to require payment before providing video to cover the cost of redacting, pixelating and/or editing it for privacy. Individual requesters must attest that they do not plan to use the footage for financial gain, or face a flat $10,000 fine.

In at least one case, a police agency has threatened to fine a reporter for sharing requested footage with a news publication though ultimately apologized and never went through with it. WFIC President Bill Lueders said he has never heard of a police agency actually levying fines against requesters.

“If push comes to shove, I think (the issue) would probably end up in the courts and maybe (the law) would be struck down. But push has not come to shove,” Lueders said.

Finally, though anyone can request police bodycam footage under the public records law, the state allows police agencies to deny the request if they demonstrate how “harm done to the public interest by disclosure outweighs the right of access to public records.”

Should this occur with your request, you may go to court and ask for the record’s release. Wisconsin law stipulates that you may also request the attorney general or district attorney of the county where the record took place to go to court on your behalf, but Lueders said he could “probably count on one hand” the amount of times this has been done in the past 20 years.

Wisconsin Watch readers have submitted questions to our statehouse team, and we’ll answer them in our series, Ask Wisconsin Watch. Have a question about state government? Ask it here.

How do I get a video of a police shooting in Wisconsin? is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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