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Louisiana teachers' union concerned about educators' future; Supreme Court hears arguments in Trump immunity case; court issues restraining order against fracking waste-storage facility; landmark NE agreement takes a proactive approach to CO2 pipeline risks.

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Speaker Johnson accuses demonstrating students of getting support from Hamas. TikTok says it'll challenge the ban. And the Supreme Court dives into the gray area between abortion and pregnancy healthcare, and into former President Trump's broad immunity claims.

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The urban-rural death divide is widening for working-age Americans, many home internet connections established for rural students during COVID have been broken, and a new federal rule aims to put the "public" back in public lands.

Critics: NC Courts Have “Wide Discretion” on BodyCam Footage Release

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Monday, February 28, 2022   

Under a 2016 law, footage from cameras worn by North Carolina police officers can only be released through court order. But critics say the process the courts use to determine whether footage should be released is discretionary and often results in drastically different outcomes.

Groups such as Emancipate NC say the problem is highlighted by the recent decisions of a Superior Court Judge to deny an application for general release of footage during a 2020 "no knock" raid, while approving the release of body-camera footage of the shooting of Daniel Turcios by Raleigh police.

Durham civil rights attorney Abraham Rubert-Schewel of Tin Fulton Walker & Owen PLLC, explained that the current statue gives judges wide discretion.

"Part of the complexity," said Rubert-Schewel, "is that courts across the state and court systems across the state have very different procedural mechanisms for how they handle body-camera petitions and release of footage in general."

Last fall state lawmakers passed legislation that bars law-enforcement agencies from sharing body-camera footage with family members, who now must petition a court for access to footage.

Rubert-Schewel said the threshold of whether the recorded scene is a "critical incident" is often used to rule against releasing footage.

He pointed out that a critical incident typically means someone was seriously injured, died or was shot, but notes it's not a requirement of the state's body-camera release statute.

"I think it's important for the public to know that there is no critical incident standard written into the statute," said Rubert-Schewel. "That is not part of the statute; that is a standard that the city or law enforcement has put into place."

Schewel said access to body-camera footage is critical for the public to be able to weigh in on what types of police actions are considered acceptable. He added that most people have a limited understanding of how police operate in certain cases.

"An example of this is no-knock raids or raids of people's homes," said Rubert-Schewel. "This occurs somewhat frequently in North Carolina, and I think that the public really has very little to no conception of this or how it works unless it's actually happened to you."

According to federal data, nearly half of police departments in the country use body-worn cameras.




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