State law provides a process to obtain a copy of law enforcement recordings. Please see N.C.G.S. §132-1.4A. In order to obtain a copy of a recording, you must file a “Petition for Release of Custodial Law Enforcement Agency Recording,” which is a court pleading, and set the matter down for a hearing. A copy of the petition can be found at Petition For Release Of Custodial Law Enforcement Agency Recording. Once this petition for release has been filed, a copy of the petition should be served by certified mail on the Police Attorney’s office at:
GPD Police Attorney’s Office
200 E. Long Ave.
Gastonia, North Carolina 28054
In order to review a law enforcement recording, you must send a specific written request to the Chief of Police and/or the Police Attorney. Your request must indicate the date and approximate time of the activity captured in the recording or otherwise identify the activity with reasonable particularity sufficient to identify the recording to which the request relates.
The head of the custodial law enforcement agency may only disclose a recording to the following:
(1) A person whose image or voice is in the recording.
(2) A personal representative of an adult person whose image or voice is in the recording, if the adult person has consented to the disclosure. (notarization of consent is required)
(3) A personal representative of a minor or of an adult person under lawful guardianship whose image or voice is in the recording. (guardianship documentation is required)
(4) A personal representative of a deceased person whose image or voice is in the recording.
(5) A personal representative of an adult person who is incapacitated and unable to provide consent to disclosure. (power of attorney or other legal documentation required)
When disclosing the recording, the law enforcement agency will only disclose only those portions of the recording that are relevant to the person's request. A person who receives disclosure pursuant to this subsection shall not record or copy the recording.
NOTE: A personal representative is defined as a parent, court-appointed guardian, spouse, or attorney of a person whose image or voice is in the recording. If a person whose image or voice is in the recording is deceased, the term also means the personal representative of the estate of the deceased person; the deceased person’s surviving spouse, parent, or adult child; the deceased person’s attorney; or the parent or guardian of a surviving minor child of the deceased.
NOTE: Disclosed is defined as making a recording available for viewing or listening to by the person requesting disclosure, at a time and location chosen by the custodial law enforcement agency. This definition does not include providing a copy of the recording. Section 132-1.4A prohibits the requesting person from recording the recording.
If you meet the criteria above you may download the Gastonia Police Department’s Video Disclosure Request form using the link below. Once you have completed the form in its entirety you may hand-deliver same and all required verification documents to the Gastonia Police Department. You may also email the form and documentation to firstname.lastname@example.org or you may mail the form and documentation by USPS to:
Gastonia Police Department
Attn: Video Disclosure
200 E Long Ave
Gastonia, North Carolina 28054
If you have any questions regarding the form, the process or your qualifications to watch a video please email those questions to email@example.com.