Utah Police Body Camera Footage: What Officers Must Record and How to Request the Video

General information, not legal advice. Read the full disclaimer.

Short answer: Under Utah Code § 77-7a-104, an officer with a body-worn camera must wear it so it is clearly visible, activate it before any law enforcement encounter or as soon as reasonably possible, and record without interruption until the encounter ends, with limited exceptions (for example talking with a supervisor, a significant period of inactivity, or certain conversations with victims or witnesses who ask not to be recorded). An officer who turns the camera off or fails to activate it must document the reason in a written report. A violation can't by itself be the sole basis to dismiss a criminal case (§ 77-7a-104(3)). To get footage, ask the law enforcement agency that made it, usually through a written GRAMA request (§ 77-7a-107(2)); the agency must release recordings of an incident causing death or serious bodily injury or involving an officer firing a weapon to a person who requests them within 10 days after specified events (§ 77-7a-107(3)).

Who this guide is for

People stopped, arrested or injured in an encounter with police, their families, and anyone defending a criminal case in Utah County, Juab County or elsewhere who wants to understand what should exist on video and how to ask for it. General information, not legal advice. If you have a criminal case, your defense lawyer can also request recordings in discovery.

When officers must record (§ 77-7a-104(2))

• Check that the camera works and report malfunctions to a supervisor.
• Wear it clearly visible to the person being recorded.
• Activate before any law enforcement encounter, or as soon as reasonably possible; record in an uninterrupted manner until the encounter ends, and keep it on until the officer's direct participation ends.
• Document the camera's presence in the report.
• May deactivate only for listed reasons: to consult a supervisor or another officer; during a significant period of inactivity; during a conversation with a sensitive crime victim, a witness or someone who wishes to report criminal activity if that person asks and the officer believes the information's value outweighs the recording's value (and the request is recorded); or during an evidence-based lethality assessment with a domestic violence or sexual offense victim under specified conditions.
• Explain gaps: if an officer deactivates or fails to activate in violation of the section, the officer must write down why.
• Narcotics units and undercover officers are exempt from several of these requirements.
• Hospitals, health care facilities and clinics: an officer may not activate a camera there except during a law enforcement encounter and with notice (§ 77-7a-105).

A violation doesn't automatically end your case, and agencies set their own discipline policies, but a missing or interrupted recording can matter to your defense. Ask your lawyer.

Notice and agency policies (§ 77-7a-105)

Officers must give notice when reasonable to occupants of a private residence they enter, by wearing the camera visibly or giving an audible notice. Each agency must make its body-camera policies public, and place them on its website when possible, so you can read your local agency's rules.

What officers can't do with recordings (§ 77-7a-106)

Officers may not use cameras for personal use, make personal copies, keep recordings, distribute them except as the agency authorizes, or alter or delete recordings in violation of the chapter. Recordings must be retained under applicable laws, and a private contractor that can withhold a recording can't be the custodian (§ 77-7a-107(1)).

How to ask for footage

1. Identify the agency that made the recording (police department, sheriff, Utah Highway Patrol), the date, time, place and officers or incident number.
2. Send a written GRAMA request to that agency. See How to Make a GRAMA Request and our free letter template on Free Utah Legal Forms. The agency has 10 business days to respond (5 for an expedited request that benefits the public).
3. Know the classification. Under GRAMA, body-camera footage that records sound or images inside a home or residence is a private record, and footage inside a hospital, health care facility, clinic or human services program is protected, except recordings that depict the commission of an alleged crime; record an encounter that results in death or bodily injury or in which an officer fires a weapon; are the subject of a complaint or legal proceeding against an officer or agency; contain an officer-involved critical incident; or have been requested for reclassification as public by a subject of the recording (§§ 63G-2-302(2)(g), 63G-2-305(64)). If you are a subject of the video, say so in your request.
4. Serious incidents: a person may request release of a recording of an incident that results in death or serious bodily injury, or in which an officer fires a weapon, from the agency that made it; the agency must direct its records custodian to release it within 10 days after the triggering events listed in § 77-7a-107(3).
5. If you're denied because of a pending criminal action, § 77-7a-107(2)(b) allows an immediate appeal to district court. For other denials, see Utah GRAMA Request Denied?.
6. If you're charged, tell your lawyer right away so they can request the footage and ask that it be preserved. See Utah County Criminal Cases, Juab County Criminal Cases, and Police Stops, Questioning and Search Warrants.

Frequently asked questions

Does Utah require officers to wear body cameras?

The statute governs how officers must use a body-worn camera when they have one; agencies decide whether to issue them. Check your agency's published policy.

Can I record the police myself?

This guide covers officer cameras. Rules about recording by the public are separate; ask a lawyer about your situation.

Can I get footage of my own arrest?

You can request it from the arresting agency. As a subject of a recording, you may ask that footage inside a home or hospital be reclassified as public.

What if the officer's camera was off?

The officer must document why in a report. The violation alone can't be the sole basis to dismiss a criminal case, but it may be useful to your lawyer.