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Newport News Police Department
NOTE: This policy will not affect the release of recordings pursuant to a court order or subpoena.
7. Recordings containing audio or video of legitimate confidential nature will be redacted or obscured
from downloaded copies of the original data file in Evidence.com. The original data file will remain
complete and cannot be manipulated by system administrators or users. Following arrest or
initiation of prosecution for felony or misdemeanor crimes, the arresting officer, detective, or (for
follow-up disclosure requests) system administrator will download a segmented copy of the original
data file from Evidence.com. Markers will be created to identify redacted sections and briefly
describe why the information is excluded. The redacted video file and marker descriptions will be
written to DVD or other portable media and provided to the Commonwealth Attorney's Office. Upon
release to the defense, if redacted information is challenged:
a. In writing, the defense will communicate their intent to challenge and legal justification(s) to the
Commonwealth Attorney's Office.
b. If the Commonwealth Attorney's Office agrees that the challenge is justified, the section may be
released following consultation with the Chief of Police or designee. If the Commonwealth
Attorney's Office disagrees with the justification for the challenge and/or if the Chief of Police
requests a further review, the Commonwealth Attorney's Office will advise the defense that a
motion for an "In Camera" Hearing before a judge of appropriate jurisdiction will be required if
the defense wishes to challenge the redaction further.
NOTE: Legitimate confidential information includes but is not limited to; confidential informants or
undercover officers revealed; tactical plans discussed; audible or visible information from
investigative criminal history checks or criminal intelligence files; victim/witness personal
identifiers, addresses, phones, et cetera.
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