I am dealing with a Constable Chief who knows I have a right to this footage. His challenge to me is to figure out how to get it. We have viewed it in his office (first 2 min) and it shows OFCR clearly committing abuse on my 19 year old son. They know it. My son is now 20 years old and on SSD. I need direction a form and guidance. This is a low hanging fruit.
What you need is a lawyer. if the police wont give it to you then you need to issue a subpoena (needs to be a lawsuit pending) or you need to take the deposition of the officer and subpoena the video for the depo) it is not a matter of just filing a form.
There could be several ways: a freedom of information act request, a motion for pre-suit discovery, or you could go ahead and file a lawsuit and serve a notice to produce.
See an attorney now, file a suit and subpoena the records. If they get a chance, and any policy they have allows them to destroy of overwrite the tape they will.
Section 610 of the revised statutes of Missouri provide for the "Sundhine Laws." You are entitled to the video under those laws and must request a copy from the custodian of records. You will have to pay for the copying costs.
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