In the case of State ex rel. Lusane v. Kent Police Dept., Slip Opinion No. 2023-Ohio-480, the Ohio Supreme Court held that dash- and body-cam recordings are public records and subject to disclosure after a public record request under R.C. 149.43 unless the arrest footage meet the confidential law enforcement investigatory records (“CLEIR”) exception, but, in this case, such recordings did not meet the CLEIR exception as the police department failed to even argue why redaction at the point of arrest would be proper.
NOTE: This case may have resulted in a different outcome had the police department actually advanced an argument explaining why redaction at the point of arrest would be proper.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.