How to Preserve Body Cam, Dash Cam, and Surveillance Video for Your Bronx Case

Protecting Video Evidence Early in Your Bronx Case

When your freedom or your rights are on the line, a single video clip can change everything.

Maybe you were stopped by police and feel like your version of events isn’t being taken seriously. Maybe you were arrested after a traffic stop and believe the dash cam will show the truth. Or maybe a neighborhood camera caught an incident you need to prove. 

If you’re involved in a criminal or civil case in New York, preserving that video evidence early can be the most important step you take.

At Horn Wright, LLP, we help New Yorkers secure evidence before it disappears. Our trusted Bronx civil rights attorneys understand how fast video can vanish, from overwritten police body cams to store cameras that cycle footage every few days. We act quickly to preserve what matters, especially when someone’s rights or future hang in the balance.

Know Why Video Evidence Matters in Bronx Cases

Video evidence can provide an unfiltered look at key moments in your case. It doesn’t rely on memory or interpretation. Whether it’s body cam footage from an NYPD officer, dash cam video from a patrol car, or store surveillance from a deli on Grand Concourse, these recordings help document the facts.

In many Bronx criminal defense cases, video helps:

• Confirm the timeline of events
• Show how officers or others acted
• Challenge inaccurate police reports
• Support your version of what happened

These videos often speak for people who feel unheard in court. In civil rights claims, they’re also key when you're alleging unlawful conduct, such as excessive force or unlawful stops. Bronx courts at 215 East 161st Street regularly see cases where video tips the balance in hearings, plea deals, or trials.

But none of this matters if the footage gets lost. That’s why moving fast to protect the evidence is critical.

Identify the Types of Video That May Exist

Your case may involve more than one kind of video. You need to identify all possible sources as early as possible. Missing even one can cost you valuable evidence.

Here are the main types of footage people use in Bronx cases:

• Body cam footage: Captured by NYPD officers during stops, arrests, or while at a scene
• Dash cam video: From NYPD vehicles or sometimes private vehicles involved in the case
• Surveillance video: From nearby stores, apartment buildings, or transit stations

If your incident happened near a NYCHA building or an MTA subway entrance, you may be able to request footage from those agencies. Most NYPD officers in the Bronx now wear body cameras, especially in precincts like the 44th and 46th. Stores along Fordham Road, Jerome Avenue, or Southern Boulevard often have cameras facing sidewalks and entryways. These locations matter because they help determine which footage you can ask for.

Act Quickly to Prevent Automatic Deletion

Many video systems automatically erase footage after a set number of days. The longer you wait, the more likely that evidence disappears.

For example:

• NYPD body cam footage is often kept for 90 days unless flagged as evidence
• Dash cam video may be deleted within 30–60 days
• Private security systems may overwrite footage in 7–30 days

In one case we handled, a key video from a Bronx bodega was gone within four days. By the time the client asked for help, we couldn’t recover it. That delay made a huge difference in how the case moved forward.

Time is not on your side when it comes to digital recordings. That’s why sending out preservation notices should be one of the first things you do.

Send a Preservation Request Immediately

A preservation request is a formal notice asking someone to hold on to footage before it’s deleted. It doesn’t guarantee access to the video yet, but it puts the responsible party on notice. That can help you later if they ignore the request.

Your letter should include:

• The date and approximate time of the incident
• The specific location (cross streets or address)
• What type of video you believe exists
• A request to preserve the footage for legal purposes

Send the letter by certified mail, deliver it in person, or email it with delivery confirmation. Keep a copy for your records.

If the footage is held by a public agency or law enforcement, your attorney can also file a motion to preserve it through the court. In cases already being prosecuted, this step becomes part of early case strategy.

Request Video Through FOIL or Discovery

If you’re trying to access video from a government agency, use the New York Freedom of Information Law (FOIL). This law gives you the right to request public records, including body cam and dash cam footage.

Steps to file a FOIL request:

• Go to the NYC OpenRecords Portal
• Choose the agency (for NYPD, select “New York Police Department”)
• Include the date, location, and names (if known)
• Ask specifically for “body-worn camera footage” or “vehicle dash cam video”

You’ll usually get a response in 30 days. Sometimes they’ll deny it, citing exemptions. In that case, your attorney can appeal or demand the footage through the criminal discovery process. Under New York’s discovery laws, prosecutors must turn over video evidence if it’s relevant to the case.

If you're working with a lawyer, they can send a discovery demand directly to the Bronx District Attorney’s Office. Timing and precision are key here. Judges may not grant second chances if deadlines pass.

Get Help Subpoenaing Private Footage

Unlike public video, private footage from a store or apartment building may require a subpoena. Subpoenas are legal orders demanding that someone provide documents or evidence.

Here’s how the process often works:

1. Your attorney drafts a subpoena with details of the request
2. The subpoena is filed with the Bronx court at 215 East 161st Street
3. Once approved, it must be served to the video owner (like a landlord or store manager)

Without legal representation, this can be hard to handle on your own. Landlords may ignore informal requests, and chain stores often route everything through corporate legal departments.

Some locations that often have useful footage in Bronx cases:

• Bodegas and corner stores
• Apartment lobbies with intercom cameras
• Restaurants with exterior cameras
• Gas stations near highways and intersections

If you know where the event happened, act fast. Ask around, identify cameras nearby, and get that legal process started before the video disappears.

Understand the Chain of Custody Requirements

To use video in court, you must be able to show that it’s authentic. This is called chain of custody. It proves that the footage wasn’t altered and came from a reliable source.

To preserve chain of custody:

• Keep original files whenever possible
• Avoid editing or clipping the footage
• Document who handled it at each step
• Label the storage device with time and location details

If a video’s origin is unclear or if it looks like it’s been tampered with, the judge may exclude it. Even if it shows something helpful, it won’t matter if the court finds the file unreliable.

This step is often overlooked, especially when people grab copies off the internet or through informal channels. Always preserve the original format and keep notes on how you got the video.

Safely Store and Back Up All Footage

Once you’ve secured the video, protect it like any other critical legal document. Loss or damage can ruin your chance to use it in court.

Storage tips:

• Back up the file in two or more locations
• Use both physical (USB or hard drive) and cloud storage
• Keep a backup with your attorney
• Lock storage devices with encryption or passwords

Rename the files clearly. Use labels like: “FordhamIncident_041024_StoreCam.MP4.” That helps keep evidence organized when you’re dealing with multiple clips or different sources.

For larger cases, your attorney may use evidence software to manage everything. This helps keep chain of custody intact and ensures compatibility with courtroom technology.

Moving Forward with Confidence

Preserving video evidence for your Bronx case gives you a voice. It helps tell your story with clarity, and it keeps others accountable. But you must act quickly. Whether it's from an NYPD body cam or a corner store near 149th Street, every piece of footage can make a difference.

At Horn Wright, LLP, we help clients across New York State protect what matters most. If you're unsure how to request footage, serve subpoenas, or secure your video evidence in a civil rights or criminal case, our team is here to guide you forward with purpose and urgency.