How Do Body Cameras Affect Wisconsin Criminal Trials?

 Posted on September 28, 2025 in Criminal Defense

Although police body cameras were introduced to promote accountability among law enforcement, the impact of body camera footage is much more complex when it is used in Wisconsin criminal trials. Body camera footage can help make a prosecutor’s case, or can help a defendant by showing what really happened.

Unfortunately, officer discretion regarding turning a body camera off and on, technical glitches, and missing footage can result in significant legal issues. What a jury sees and hears (or does not see and hear) can shape plea negotiations, trial strategy, probable cause rulings, and suppression motions.

Wisconsin law (Wisconsin 2019 Act 108) has established statewide rules for retaining and releasing body camera footage; however, admissibility still depends on the Rules of Evidence, including how the video was captured, stored, and authenticated. Defense attorneys who understand the legal "fault lines" regarding the use of Wisconsin body camera footage can use the footage to build reasonable doubt or can work to have the footage excluded.

If you have been charged with a Wisconsin criminal offense, do not assume that body camera footage tells the whole story. An experienced Ozaukee County, WI criminal defense attorney understands the process of securing raw files, analyzing the metadata, and challenging inadmissible or misleading footage long before it reaches a jury.

What You Need to Know About the Role of Body Camera Footage in Law Enforcement

Under Act 108, body camera footage must be kept at least 120 days, or longer if it relates to an investigation, complaint, or case. Body camera footage is usually subject to inspection under the Public Records Law, with some exceptions (minors, private locations, and sensitive scenes). Tampering with public records, including body camera footage, is a Class H felony.

Local police departments maintain standard operating procedures that govern when body cameras must be activated, muted, categorized, and uploaded. All body camera footage must be authenticated and cleared of any hearsay problems, although Wisconsin has adopted Section 909.01, which states that evidence sufficient to support a finding that the video is what it purports to be is all that is required.  

Problems arise when cameras are not activated, or "malfunction", or when one angle does not capture the entire scene. Some jurors may assume that video is always accurate, even when it is missing context. Chain of custody issues can arise when there is suspicion that the footage has been altered or mishandled.

Defenses to Body Camera Footage

A defense attorney can point out violations of standard operating procedures, such as muting, late activation, or a camera that is turned away. All of these can support suppression motions by the defense if the body camera footage hurts the case. Defense attorneys may also demand original files and metadata with GPS, device ID, and timestamps. An expert may be brought in who can find any compression issues or missing frames. If the footage from the body camera is very graphic, the defense attorney may argue that it will inflame and thus unduly influence the jurors.

Pre-trial Motions Regarding Body Camera Footage That Can Make a Real Difference

There are a number of pre-trial motions that an experienced criminal defense lawyer can use to benefit his or her client, including:

• Motions to sanction prosecution for late or incomplete discovery production
• Motions to compel to receive original native files plus audit logs
• Motions to suppress when there are activation or continuity breaches
• Motions in limine to exclude hearsay narration, officer opinion, or any prejudicial segments.

Defense attorneys may be able to contrast witness testimony with the video, particularly when the camera’s field of view differs from the police officer’s line of sight.  

Contact a Dodge County, WI Criminal Defense Lawyer

If you are facing criminal charges in Wisconsin, body camera footage could either help or destroy your defense. A knowledgeable Ozaukee County, WI violent crimes attorney from Bucher Law Group, LLC will work hard to ensure any available body camera footage either helps your case or is suppressed.

Attorney Bucher spent 20 years as the Waukesha County District Attorney and has litigated some of the most complex cases in the state, handling dozens of homicides, hundreds of DUIs, and thousands of serious drug cases. To schedule your free consultation, call 262-303-4916.