Anytime the dashboard camera on a police car shows evidence of a crime – its made available. Anytime it shows nothing (or potentially incriminating evidence against the officer) it can just disappear with no recourse.
“I lost it” is officially a legal excuse to destroy evidence unless you catch them in the act. The camera turns on automatically, the officer should have noted it wasn’t working at shift change and department policy requires all footage to be preserved for at least 30 days and no one noticed it didn’t exist?
“We agree with the state that the record supports a finding by the district court that the police did not act in bad faith,” Justice Bob Pemberton wrote. “The United States Supreme Court has held that ‘unless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law.’”