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Idaho Police Body Camera Laws: Access & Retention (2026)

Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 4 primary sources cited on this page. How we verify our legal content

Idaho Police Body Camera Laws: Access & Retention (2026)

Frequently Asked Questions

Is it illegal for police to record me in Idaho?

No. On-duty police recording does not require the consent of the person being recorded under Idaho's wiretap law, which is a separate question from whether a civilian may record police. See our guide to whether it is illegal to record someone for that reverse question.

Do all Idaho police departments have body cameras?

No. Idaho has no statewide bodycam mandate, so coverage varies department by department. Some agencies, like Idaho State Police, have adopted their own body-worn camera procedures; others may not use them at all.

How long does Idaho keep police body camera footage?

For county law enforcement agencies, Idaho Code 31-871 sets three tiers: at least 200 days for recordings with evidentiary value, 60 days for non-evidentiary recordings from non-fixed equipment like a body camera, and 14 days for non-evidentiary recordings from a fixed camera. City police departments are not covered by this statute and set their own retention by policy.

How do I request police bodycam footage in Idaho?

Submit a public records request to the agency that holds the recording under the Idaho Public Records Act, Idaho Code 74-102. The first two hours of staff time and the first 100 pages of copying are free for resident requesters; the agency must respond within statutory timeframes or explain why an exemption applies.

Can Idaho police deny my bodycam footage request?

Yes, but only within the limits of Idaho Code 74-124. An agency can withhold an investigatory recording only to the extent disclosure would reveal a confidential source, disclose investigative techniques, endanger officer safety, or cause another listed harm, not as a blanket denial.

Does filing a public records request stop Idaho police from deleting bodycam footage?

Only if you are the person depicted in the recording, or their representative. Idaho Code 31-871 gives a recording evidentiary value, extending its minimum retention to 200 days, when a valid public records request about it is filed by the recording's subject or their representative, not by an unrelated requester.

What can I do if an Idaho agency denies my bodycam footage request?

Idaho Code 74-115 makes one route the sole remedy: petition the district court for the county where the records are located, within 180 calendar days of the mailed denial notice. The court can examine the recording in camera at its discretion and can order disclosure. On costs, Idaho Code 74-116(2) has a narrower gate: the court awards reasonable costs and attorney fees to the prevailing party only if it finds the request or the refusal was frivolously pursued, so winning alone does not mean recovering fees.

Updates

Corrected the description of court costs and attorney fees in Idaho public records litigation: under Idaho Code 74-116(2) a court awards them to the prevailing party only if it finds the request or the refusal was frivolously pursued, and added citations to the remedy statutes, Idaho Code 74-115 and 74-116.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Rescoped Idaho Code 31-871's bodycam retention tiers to county law enforcement agencies (city police departments set their own retention by policy) and corrected the 200-day evidentiary-value records-request trigger to apply only to a request from the recording's own subject or their representative.

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Idaho Code 31-871 (Classification and Retention of Records)(legislature.idaho.gov).gov
  2. Idaho Code 74-102 (Public Records, Right to Examine)(legislature.idaho.gov).gov
  3. Idaho Code 74-124 (Exemptions From Disclosure, Investigatory Records)(legislature.idaho.gov).gov
  4. Idaho State Police Procedure EHP-06-24: Body-Worn Cameras(isp.idaho.gov).gov
  5. NCSL Body-Worn Camera Laws Database(ncsl.org)
  6. Idaho Code 74-115 (Proceedings to Enforce Right to Examine Records; Sole Remedy, 180-Day Deadline)(legislature.idaho.gov)
  7. Idaho Code 74-116 (Order of the Court; Court Costs and Attorney Fees on a Frivolousness Finding)(legislature.idaho.gov)
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