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Discussion Starter · #1 ·
I was cited for making a rolling stop at a stop sign. There was a person in front of me, and when I was pulled over, I initially thought the officer was pulling over the person in front of me (I did not remember if I did, or did not, make a full stop). The officer told me the incident was recorded, so I made an open records request to see the recording.

I just got an email stating that no recorded video exists.

Should I appear in court and explain to the judge all of the above?
 

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I was cited for making a rolling stop at a stop sign. There was a person in front of me, and when I was pulled over, I initially thought the officer was pulling over the person in front of me (I did not remember if I did, or did not, make a full stop). The officer told me the incident was recorded, so I made an open records request to see the recording.

I just got an email stating that no recorded video exists.

Should I appear in court and explain to the judge all of the above?
I would. Hell the cop may not even show up.
 

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Request before your stop and after your stop. See if it magically spotted just for you and then request the records where they fixed said camera
 

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I am not sure I understand. I was told to furnish information on my citation (which I did) and got a reply that no recorded video matched my request.
He is saying to request the video from PRIOR to your stop (say 10 minutes prior to the stop) and then again the video after the stop (say 5 minutes after the stop) to see if there was a "blank spot" during the stop -or- if there was no recording for the entire shift of the officer. Perhaps something along the lines of "all recorded video from cruiser that was manned by officer XXX from the hours of 12:00:00 PM 8/1/2016 to 9:00:00 PM 8/1/2016"
 

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Dashcam. Get one. This is just one of the many reasons why.
 

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He is saying to request the video from PRIOR to your stop (say 10 minutes prior to the stop) and then again the video after the stop (say 5 minutes after the stop) to see if there was a "blank spot" during the stop -or- if there was no recording for the entire shift of the officer. Perhaps something along the lines of "all recorded video from cruiser that was manned by officer XXX from the hours of 12:00:00 PM 8/1/2016 to 9:00:00 PM 8/1/2016"
Correct. Then if there is "no video" request repair reports
 

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http://law.ga.gov/what-records-are-not-open-public-inspection-or-copying
(4) Records of law enforcement, prosecution, or regulatory agencies in any pending investigation or prosecution of criminal or unlawful activity, other than initial police arrest reports and initial incident reports; provided, however, that an investigation or prosecution shall no longer be deemed to be pending when all direct litigation involving said investigation and prosecution has become final or otherwise terminated;
 

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Member Georgia Carry
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Discussion Starter · #12 ·
He is saying to request the video from PRIOR to your stop (say 10 minutes prior to the stop) and then again the video after the stop (say 5 minutes after the stop) to see if there was a "blank spot" during the stop -or- if there was no recording for the entire shift of the officer. Perhaps something along the lines of "all recorded video from cruiser that was manned by officer XXX from the hours of 12:00:00 PM 8/1/2016 to 9:00:00 PM 8/1/2016"
How would I go about doing this?

Does this mean I can only request a personal copy after I pay the fine?

he needs to do discovery instead of an open records request
I am terribly confused. I called the number that was on my citation (I use a Video Relay Service as I am hearing impaired and am fluent in ASL) and I had my court date extended to next month (re: all my bills are due on the day I was supposed to be in court, they extended the court date for me). I then explained that I did not want to challenge or say the officer had made a mistake, but that I do know there was a car right in front of me at the stop sign - and the officer had told me he had videoed ME rolling through the stop sign, from directly across the street. The car in front of me, and I, had both switched lanes when we made the turn, and I just wanted to verify that the officer had not gotten confused. I do remember thinking the officer was attempting to pull over the other car, because I had no clue why I had been pulled over.

I may have rolled through the stop sign, I don't remember. The car in front of me may have rolled through the stop, and I may have made a complete stop. I do know, from habit, that I always make a stop and look for oncoming traffic whenever I make a turn.

The person on the phone told me that I had a right to see the video, and gave me the email address to request this information. The reply I got back (from Cobb County) was that no video matched my request. Now, I don't even know if it makes a difference that I was pulled over by Kennesaw State University Police. This confuses me even further. If it does make a difference, then why am I appearing in a Cobb County Court?
 

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If the ticket was issued by a KSU officer, you will need to request the video from them. Cobb County will not have it.
 

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Does this mean I can only request a personal copy after I pay the fine?
Yes, depending on what you mean by personal. See Stone v State, 257 Ga. App. 492 (2003). Since I think you just want to watch the video to verify that you committed the violation before considering a plea (paying the fine), the proper route to get information about your case would be to file a demand for discovery. But there's a caveat to this, which I will address below.

I am terribly confused. I called the number that was on my citation (I use a Video Relay Service as I am hearing impaired and am fluent in ASL) and I had my court date extended to next month (re: all my bills are due on the day I was supposed to be in court, they extended the court date for me). I then explained that I did not want to challenge or say the officer had made a mistake, but that I do know there was a car right in front of me at the stop sign - and the officer had told me he had videoed ME rolling through the stop sign, from directly across the street. The car in front of me, and I, had both switched lanes when we made the turn, and I just wanted to verify that the officer had not gotten confused. I do remember thinking the officer was attempting to pull over the other car, because I had no clue why I had been pulled over.

I may have rolled through the stop sign, I don't remember. The car in front of me may have rolled through the stop, and I may have made a complete stop. I do know, from habit, that I always make a stop and look for oncoming traffic whenever I make a turn.

The person on the phone told me that I had a right to see the video, and gave me the email address to request this information. The reply I got back (from Cobb County) was that no video matched my request. Now, I don't even know if it makes a difference that I was pulled over by Kennesaw State University Police. This confuses me even further. If it does make a difference, then why am I appearing in a Cobb County Court?
I'm guessing the email address they gave you was [email protected], which is the general place to request open records from the Cobb County Police Department. They would not have anything for Cobb Sheriff, Marietta Police, Smyrna Police, or any other police agency in the county, like KSU Police. Now, if you had a ticket out of Marietta or Smyrna, for a violation that occurred in their respective city limits (jurisdictions), it would go to the municipal court. Since KSU does not have a municipal court, as it's not a municipality, the case goes to Cobb County.

Now, because you are charged with a misdemeanor, and not any felonies, the case will be prosecuted by the Cobb County Solicitor (no felony jurisdiction) in Cobb County's State Court (no felony jurisdiction). You will need to timely file your discovery demand with the State Court Clerk's Office and also serve the Solicitor's Office with a copy. Then, you can make arrangements with you to get your the discovery. The tricky part here is that police videos are not subject to discovery, so if they wanted to jerk you around (they won't, but in theory they could), they could just provide you with the citation. See OCGA 17-16-21 http://law.justia.com/codes/georgia/2010/title-17/chapter-16/article-2/17-16-21 and Bowen v. State, 237 Ga. App. 597 (1999).

Chances are, if you file a proper (or possibly even improper) discovery request, they will make arrangements with you to get you a copy of the video. They may (read: will) charge you a fee. You'll want to get started on your discovery demand as soon as possible so that you have enough time to get and review the video.
 
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