How to Preserve Body Cam, Dash Cam, and Surveillance Video

Preserve Footage Before It’s Gone

After a use-of-force incident, it’s hard to know what to do next. You may feel overwhelmed or unsure of how to prove what really happened. In New York, where police departments, transit systems, and businesses rely on cameras almost everywhere, there’s a good chance your incident was recorded. The key is acting quickly.

Footage from body-worn cameras, dash cams, or surveillance systems may support your story, but most of it won’t stick around for long. Police and private companies routinely delete video after just a few days or weeks. If you wait too long, you could lose critical proof.

If you're not sure where to begin, a Bronx civil rights attorney at Horn Wright, LLP can help. Our team has experience dealing with public agencies, private businesses, and video preservation requests. We’ll guide you through every step to protect your rights and preserve the evidence before it's gone.

Act Quickly to Prevent Deletion

Every minute matters when it comes to preserving video evidence. Whether the footage comes from an NYPD body camera, a city bus dash cam, or a building surveillance system, it’s usually set to auto-delete on a short cycle. Some agencies delete footage after 30 days. Others purge it even sooner unless someone flags it for review.

You should submit a request to preserve or obtain the footage as soon as possible. Even if you’re still recovering or unsure about pursuing legal action, making the request creates a record. That alone may help if you need to prove later that someone failed to retain the video.

When you act fast, you increase the chance the video still exists. If you wait, the system may automatically overwrite it and that evidence is gone forever.

• Body cam footage may be deleted within 30 days if not flagged
• Surveillance cameras in businesses often cycle every 7 to 14 days
• Early requests help show diligence and preserve your legal standing

Take action the moment you’re safe and able.

Identify the Right Agency or Business

Before you can request video, you need to know who controls the footage. The location of the incident often determines this. If the event involved police, the body cam or dash cam will likely come from the officer’s department. If it happened in a subway station, an MTA camera may have captured it. If you were outside a store or in an apartment building, that’s probably private footage.

Take a moment to retrace where the incident occurred:

• If police used force during an arrest, the NYPD or other department owns the body cam footage
• If the incident occurred on an MTA bus or train platform, contact the MTA Police or NYC Transit
• If you were near a business or inside a building, speak to the property owner or manager

Write down exact locations, cross streets, or landmarks. Even a nearby bank or deli may have external cameras that captured what happened. This information helps focus your request on the right parties.

Submit a FOIL Request for Public Video

New York’s Freedom of Information Law (FOIL) allows the public to request government-held video, including footage from police body cams, transit systems, and city-run buildings. This is often the best way to access video from agencies like the NYPD, MTA, or Department of Citywide Administrative Services.

Your FOIL request should be as specific as possible. Include:

• Date and exact time of the incident
• Physical address or nearby intersections
• Names or badge numbers of involved officers, if known
• Type of footage requested (e.g., body cam, dash cam, surveillance)

You can submit most FOIL requests online through agency websites. The NYPD has a portal for FOIL submissions. The MTA also accepts requests related to bus and subway video.

After submitting, you’ll receive a reference number. Keep it somewhere safe. Agencies may take weeks to respond, so the earlier you file, the better.

Request Private Surveillance Footage in Person

If your incident occurred near a privately owned space, such as a corner store, apartment building, or commercial office, you’ll need to go directly to the source. Private businesses and property managers aren’t legally required to share footage unless compelled, but many will cooperate if asked respectfully and promptly.

Visit the location in person within a few days of the incident. Ask to speak with a manager or security supervisor. Be calm and clear about what you’re asking. Let them know the exact date and time of the event and where it occurred relative to their cameras.

If they agree to help, ask them to:

• Save a copy of the footage immediately
• Provide a timestamped video file
• Give you a written statement confirming their preservation of the footage

If they decline, don’t argue. Thank them and document the attempt. Then speak with a civil rights attorney, who may be able to compel preservation or request the footage formally.

Describe the Incident Clearly in Every Request

No matter who you’re contacting—NYPD, MTA, or a private business—you need to describe the event in a way that helps them find the footage fast. Broad or vague requests may be denied or delayed.

In every request, be specific:

• State the exact date, down to the hour or minute
• List the physical address, including floor or room if applicable
• Note nearby street names or subway stops if helpful
• Briefly explain what happened and what kind of footage you’re looking for

For example: “On April 17, around 3:45 p.m., at 181st Street subway station near the downtown platform, I was involved in an incident with police officers. I’m requesting MTA station surveillance footage that may show the interaction.”

Clarity helps agencies and businesses retrieve video quickly without guesswork.

Save Evidence of Your Request

You should treat every message you send as part of the record. If an agency deletes footage but you can prove you asked for it early, that can still help your case. Courts and attorneys often look at whether you acted promptly and kept a paper trail.

Take these steps:

• Save every email confirmation, submission receipt, or written request
• If you mail a letter, send it certified with delivery confirmation
• Screenshot any online forms before hitting “submit”
• Log who you spoke to and when, especially during in-person requests

Organize these materials by date. Put them in a folder or digital file where they won’t get lost. This documentation shows that you tried to preserve the evidence.

Back Up Any Footage You Receive

Once you receive any video, don’t let it sit on just one device. Back it up immediately to avoid accidental loss. Footage is only useful if you can retrieve it.

Save the files to:

• A secure cloud service like Google Drive or Dropbox
• A USB or external hard drive
• An encrypted folder if your device allows it

Label every video clearly. Use a file name that includes the date, location, and source (e.g., “2023-04-17_NYPD_BodyCam_181stStreet.mp4”). Avoid editing or altering the video in any way. Leave it in its original format. Even trimming or compressing the file could raise questions later.

Keep copies in at least two separate places.

Consult a Civil Rights Attorney Early

Video evidence can be powerful, but it’s even more effective when paired with skilled legal support. A civil rights attorney knows how to act fast, send legal hold letters, and press public agencies to release footage. They can also stop a business or government agency from deleting the video once a claim is underway.

The sooner you contact a lawyer, the stronger your position. Attorneys can draft formal preservation notices or obtain court orders if needed. They’ll also know how to challenge denials or delays from public record offices.

If you're not sure whether your incident qualifies as excessive force or civil rights abuse, you can still reach out. The first conversation can help you understand your rights and whether securing the footage will help your case.

• Lawyers can act faster and more formally than individuals
• They know how to escalate when requests are ignored
• Early legal action shows you’re serious about pursuing justice

Preserve your options by reaching out early.

You Deserve to Protect the Evidence

Once video disappears, you can’t go back. Footage that supports your side of the story may vanish in days if no one takes steps to preserve it. Whether it came from an officer’s body cam, a city bus, or a nearby store, that video could help prove your truth. You have the right to ask for it, and in many cases, the power to obtain it.

At Horn Wright, LLP, our New York civil rights attorneys help people protect what matters most. If you were harmed by excessive force or misconduct, we’ll help you move quickly to preserve evidence and build your case from the ground up.