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Nebraska Police Body Camera Laws: Retention & Records

Nebraska Police Body Camera Laws: Retention & Records

Frequently Asked Questions

Does Nebraska require police departments to use body cameras?

No. Nebraska has no statewide mandate. Neb. Rev. Stat. §§ 81-1452 to 81-1454 only regulates agencies that choose to use body-worn cameras; whether to adopt them at all is a local decision.

How long does a Nebraska police department have to keep bodycam footage?

At least 90 days from the date of recording under Neb. Rev. Stat. § 81-1454. Retention extends until final judgment, final discipline determination, or case closure if the footage is tied to a court proceeding, a disciplinary matter, or an open investigation.

Can I get a copy of Nebraska police bodycam footage?

You can request it under the Nebraska Public Records Act, Neb. Rev. Stat. § 84-712, but the agency may withhold it using the investigatory-records exemption in § 84-712.05(5) while a related investigation is open, and there is no bodycam-specific deadline forcing release.

What is Nebraska's investigatory records exemption?

Neb. Rev. Stat. § 84-712.05(5) allows a public body to withhold records compiled as part of an investigation or examination it is charged with conducting, including law enforcement investigations.

Which Nebraska statute governs body-worn cameras?

Neb. Rev. Stat. §§ 81-1452 to 81-1454, enacted as LB1000 in 2016. It defines key terms, requires a written policy for agencies that use cameras, and sets the 90-day minimum retention period.

Do Nebraska police officers need my consent to record me on a body camera?

No. Consent rules under Nebraska's one-party consent recording statute are not implicated by an on-duty, uniformed officer's open use of a body camera.

What happens if a Nebraska agency refuses to release bodycam footage?

A requester can challenge the denial under Neb. Rev. Stat. § 84-712.03, which lets a court review whether the agency's claimed exemption, such as the investigatory-records exemption, actually justifies withholding the record.

Updates

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

Corrected the public-records challenge process: the burden-of-proof standard was wrongly attributed to Neb. Rev. Stat. section 84-712.05 (which only lists withholdable-record categories); the page now points to the actual challenge statute, section 84-712.03, without asserting unverified burden-of-proof specifics.

Governing law re-checked for recent changes

Reviewed and approved by an editor

The Law Behind This Article

This article rests on 4 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.

Nebraska Revised Statutes, Chapter 81: STATE ADMINISTRATIVE DEPARTMENTS

§ 81-1453Body-worn cameras; model policy; development and distribution; contents; law enforcement agency; dutiesIn force
(1) On or before December 1, 2016, the commission shall develop and distribute a model body-worn camera policy that includes the procedures and provisions required by section 81-1454. Any law enforcement agency required to adopt a policy under this section that does not develop and adopt its own policy shall adopt the model body-worn camera policy developed by the commission. (2)(a) Any law enforcement agency which uses body-worn cameras as of July 21, 2016, shall, on or before January 1, 2017, adopt a written body-worn camera policy. Such policy shall include procedures and provisions in conformance with the minimum standards set forth in the model body-worn camera policy developed by the commission and may include any other procedures and provisions the law enforcement agency deems appropriate. (b) Beginning January 1, 2017, any law enforcement agency which uses body-worn cameras shall, prior to commencing such use, adopt a written body-worn camera policy.

Official text (excerpt) · as of 2026-07-29 · Read the full section at nebraskalegislature.gov

§ 81-1454Body-worn camera policy; contentsIn forcecited in 3 of our articles
A body-worn camera policy required by section 81-1453 shall include provisions which govern the use of body-worn cameras by peace officers and the retention and disposition of recordings created with such cameras by law enforcement agencies. Such body-worn camera policy shall include, but not be limited to: (1) A requirement that training be provided to any peace officer who will use a body-worn camera and to any other employee who will come into contact with video or audio data recorded by a body-worn camera; (2) A requirement that recordings created by body-worn cameras shall be retained for a minimum period of ninety days from the date of recording.

Official text (excerpt) · as of 2026-07-29 · Read the full section at nebraskalegislature.gov

Also relied on in: Nebraska Recording Laws (2026): One-Party Consent Rules, Nebraska Police Reports: How to Get a Crash Report, Incident Report, or Bodycam Video

Nebraska Revised Statutes, Chapter 84: STATE OFFICERS

§ 84-712Public records; free examination; memorandum and abstracts; copies; feesIn forcecited in 5 of our articles
(1) Except as otherwise expressly provided by statute, all residents of this state and all other persons interested in the examination of the public records as defined in section 84-712.01 are hereby fully empowered and authorized to (a) examine such records, and make memoranda, copies using their own copying or photocopying equipment in accordance with subsection (2) of this section, and abstracts therefrom, all free of charge, during the hours the respective offices may be kept open for the ordinary transaction of business and (b) except if federal copyright law otherwise provides, obtain copies of public records in accordance with subsection (3) of this section during the hours the respective offices may be kept open for the ordinary transaction of business. (2) Copies made by residents or other persons using their own copying or photocopying equipment pursuant to subdivision (1)(a) of this section shall be made on the premises of the custodian of the public record or at a location mutually agreed to by the requester and the custodian. (3)(a) Copies may be obtained pursuant to subdivision (1)(b) of this section only if the custodian has copying equipment reasonably available.

Official text (excerpt) · as of 2026-07-29 · Read the full section at nebraskalegislature.gov

Cited in 43 court opinions1980s: 91990s: 62000s: 112010s: 112020s: 6Most recently applied by a court: 2024

Leading cases: State ex rel. BH Media Group v. Frakes (Nebraska Supreme Court 2020, 943 N.W.2d 231) · Nebraska Journalism Trust v. Dept. of Envt. & Energy (Nebraska Supreme Court 2024, 316 Neb. 174) · Jacob v. Nebraska Bd. of Parole (Nebraska Supreme Court 2022, 313 Neb. 109)

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Nebraska Laws on Recording Police: Your Rights and Limits (2026), Public Records Laws by State: FOIA Guide for All 50 States (2026), Nebraska Public Records Law: How to Request Government Records (2026)

§ 84-712.05Records which may be withheld from the public; enumeratedIn forcecited in 4 of our articles
The following records, unless publicly disclosed in an open court, open administrative proceeding, or open meeting or disclosed by a public entity pursuant to its duties, may be withheld from the public by the lawful custodian of the records: (1) Personal information in records regarding a student, prospective student, or former student of any educational institution or exempt school that has effectuated an election not to meet state approval or accreditation requirements pursuant to section 79-1601 when such records are maintained by and in the possession of a public entity, other than routine directory information specified and made public consistent with 20 U.S.C.

Official text (excerpt) · as of 2026-07-29 · Read the full section at nebraskalegislature.gov

Cited in 24 court opinions1980s: 61990s: 22000s: 52010s: 62020s: 5Most recently applied by a court: 2025

Leading cases: Jacob v. Nebraska Bd. of Parole (Nebraska Supreme Court 2022, 313 Neb. 109) · Opinion No. (2000) (Nebraska Attorney General Reports 2000) · Opinion No. (1996) (Nebraska Attorney General Reports 1996)

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

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Sources and References

  1. Neb. Rev. Stat. §§ 81-1452 to 81-1454, body-worn camera definitions, required agency policy content, and minimum 90-day retention period(nebraskalegislature.gov).gov
  2. Neb. Rev. Stat. § 81-1453, agencies that use body-worn cameras must adopt a written policy meeting Nebraska Commission on Law Enforcement and Criminal Justice standards(nebraskalegislature.gov).gov
  3. Neb. Rev. Stat. § 84-712, general right to examine and copy Nebraska public records(nebraskalegislature.gov).gov
  4. Neb. Rev. Stat. § 84-712.05, records that may be withheld from the public, including the investigatory-records exemption(nebraskalegislature.gov).gov
  5. Omaha World-Herald, Lincoln police refuse to release bodycam footage from crash involving sheriff's deputy(omaha.com)
  6. ACLU of Nebraska, Making Body Worn Cameras a Win-Win(aclunebraska.org)
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