Greetings,

 

Your request is denied.

 

This incident is currently under an open and ongoing investigation.  With
regards to your request for Body Worn Camera (BWC) recordings, since the
creation of OPRA, BWC recordings in the possession of “a law enforcement
agency, which pertain to     any criminal investigation,” have been exempt
from public inspection. N.J.S.A. 47:1A–1.1 (BWC recordings had not been
“required by law to be made, maintained or kept on file,” so they were
precluded from public access.) The enactment of the Body Worn Camera Law
(BWCL) removed BWC recordings from OPRA’s criminal investigatory records
exemption, therein, setting forth a new statutory structure defining what
footage is open to access and to whom access should be granted. N.J.S.A.
40A:14-118.5.

 

While BWC footage is no longer exempt from access under OPRA as a criminal
investigatory record, the Legislature maintained the restriction of public
access to BWC footage that is maintained in a criminal investigatory file.
Under the BWCL, BWC recordings having evidentiary or exculpatory value
must be retained for a minimum of three years. N.J.S.A. 40A:14-l
18.5j(2)(a) and (c). Further, BWC recordings which are “subject to a
minimum three-year retention period solely and exclusively pursuant to
subparagraph (a), (b), (c), or (d) of paragraph (2) of subsection j” are
“exempt from public inspection.” N.J.S.A. 40A:14-118.5(l)(3) (emphasis
added). See also Borough of Spotswood, et al. v. Middlesex County
Prosecutor's Office, A-3457-23, 2026 WL 616427, at *15 (N.J. Super. Ct.
App. Div. Mar. 5, 2026).

 

The Morris County Prosecutor’s Office is an agency that prosecutes
criminal matters primarily in the New Jersey Superior Court and maintains
evidence obtained from various municipalities as a part of a prosecutorial
file. Any BWC recordings received, or made by our office, would be
maintained as evidence related to a criminal prosecution. Because the
recordings would have evidentiary value, they would be subject to the
three-year retention required under N.J.S.A. 40A:14-l 18.5j(2)(a) and (c).
Since the recordings would be under the minimum three-year retention
period the requested BWC recordings are exempt from disclosure. N.J.S.A.
40A:14-118.5(l).

 

Additionally, the New Jersey Supreme Court has concluded that early
disclosure of records containing details of an incident “will often be
“inimical to the public interest,”” and thus, would be an impediment to
the state’s constitutional obligation to investigate and prosecute
responsible parties for their alleged criminal conduct. N.J.S.A. 47:1A–3.
N. Jersey Media Grp., Inc. v. Twp. of Lyndhurst, 229 N.J. 541, 574 (2017)
(citing N.J.S.A. 47:1A–3). The Government Records Council issued a
decision agreeing that “BWC recordings are exempt from disclosure [when]
they pertain to an ongoing investigation … and that disclosure of such
records would be inimical to the public interest because such disclosure
would pose a significant risk of witness taint and potentially inhibit the
public interest in a thorough and reliable investigation.” N.J.S.A.
47:1A-3(a).” Scott Madlinger v Barnegat Township, GRC Complaint No.
2022-678 (May 20, 2025).

 

Under the New Jersey Open Public Records Act (OPRA), a records custodian
must deny access to a person who has been convicted of an indictable
offense in New Jersey, any other state, or the United States, and who is
seeking government records containing personal information pertaining to
the person’s victim or the victim’s family. This includes anonymous
requests for said information. If you, the requestor fit this criterion,
then you are not allowed by law (under penalty of N.J.S.A. 2C:28-3) to
possess such records. You are also not allowed to provide such documents
to the victim's assailant thus circumventing the OPRA law.

If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, you have a
right to challenge the decision by the Parsippany Police Department to
deny access. At your option, you may either institute a proceeding in the
Superior Court of New Jersey or file a complaint with the Government
Records Council (“GRC”) by completing the Denial of Access Complaint
Form.  You may contact the GRC by toll-free telephone at 866-850-0511, by
mail at P.O. Box 819, Trenton, NJ, 08625, by e-mail at
[1][email address], or at their web site at [2]www.state.nj.us/grc.
The Council can also answer other questions about the law.  All questions
regarding complaints filed in Superior Court should be directed to the
Court Clerk in your County.

 

Respectfully,

Brian Dowd

973-263-7090

[3][email address]

[4]TU-55459_160

References

Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. mailto:[email address]