Buncombe County Sheriff Withholds Body Cam Video Footage
The Buncombe County Sheriff’s Office has declined to release video footage of a December 31, 2015 incident that led to the termination of two department deputies, Tim Teves and Sean Kent.
In response to numerous media requests on the subject, the Sheriff wrote, “We believe that releasing this information under a public records request violates State personnel law and also creates 4th Amendment issues concerning the complainants. The footage in question shows the complainants, their children and the complainant’s home. It also discusses in detail their current family situation, which we believe is protected under 4th Amendment law.”
The 4th Amendment guarantees that, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The Sheriff states that he has met with the complainants in the incident, and writes, “They are emphatic that they do not want any of the film footage made public, nor do they want to be contacted by the media.”
According to public records, Kent and Teves responded to a call about a child custody case on December 31, and later that day a complaint was made to the Sheriff’s office. No details of the original call or the following complaint have been released, but both deputies, who were wearing body cameras, have been terminated.
The Sheriff’s explanation rests on NC personnel laws. “This video footage is attached to an internal affairs complaint and personnel files of the two former Sheriff’s deputies. Our interpretation of the public records law regarding body worn cameras from the UNC School of Government, and our advice from our legal counsel, Smith Rodgers, as well as our county attorney, Curt Euler, believe that this is part of the personnel file which is not public record.”
