How to get police and traffic camera video of a crash in Montana

The public records law that gets you the video

Montana Constitution Article II, Section 9, and the public records law, MCA Title 2, chapter 6, part 10

State: acknowledge in 5 business days

The right: “No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure” (Mont. Const. art. II, §9). By statute, every person has a right to examine and obtain a copy of any public information of the state, which includes information “regardless of form” relating to official business, except confidential information protected by law (MCA 2-6-1002(11), 2-6-1003(1)). An agency may withhold information about individual or public safety or the security of public facilities only if release jeopardizes safety, and no more than needed (2-6-1003(2)), and it may not refuse because the information is or may be part of litigation unless another law protects it (2-6-1003(5)). Deadlines depend on who holds the video. A local government (a city, town or county, which includes city police and sheriffs) must respond “in a timely manner” by making the information available or giving an estimate of the time it will take and any fees; the statute sets no number of days for local governments (2-6-1006(2)). A state agency or other public agency that is not a local government (for example the Montana Highway Patrol, part of the Department of Justice) must acknowledge receipt within 5 business days of its designated contact receiving the request; provide a single, specific, clearly identifiable and readily available record within 5 working days of that acknowledgment (this does not apply to requests pertaining only to a specified person or property); or, if the information cannot be readily identified and gathered, give an estimate of time and fees and provide it in a timely manner, which may be within 90 days of acknowledgment, or within 6 months if the agency gives written notice why 90 days is not feasible. Its clock stops while it waits for you to pay an estimated fee or answer a request for clarification, and it may close the request if you do not answer a clarification request within 30 days (2-6-1006(3), as amended by 2025 House Bill 100, effective July 1, 2026). By November 1, 2026, those agencies will have to publish their request process on a state website, provide statistics on the requests they receive and their response times, and publish the requests and their responses on a state website for 2 years, with exceptions such as requests about a specific person or property (2-6-1006(3)(e)). Fees (2-6-1006(1)(c), (5)): the agency may charge documented fees and may require the estimated fee in advance; labor for searching, gathering, reviewing, processing and providing information is capped at $25 an hour, plus actual costs, copying, media, postage and shipping, a convenience fee if applicable, and other reasonable costs directly incurred, each cost charged only once. For a request that is not for a single, specific record, the agency may charge a filing fee of up to $5, and the first hour of service after that is free. The statute has no separate fee rule for video. The Department of Justice says that when a request is for a single readily identifiable record, no cost will be passed to you.

Police body camera and dashcam video

No bodycam statute found; CJI Act

We found no Montana statute that governs releasing or keeping police body camera or dashcam video; the only statute mentioning patrol car video lets agencies use federal grants to equip traffic stop vehicles with a video camera and microphone (MCA 44-2-117(10)). Police video therefore falls under the right to know and the Criminal Justice Information Act. That Act calls information relating to criminal justice that a criminal justice agency collects “criminal justice information” (44-5-103(8)), and treats as confidential, among other things, criminal investigative information (information compiled in investigating a crime, including from “any type of surveillance”), investigative photographs, and any other criminal justice information “not clearly defined as public” (44-5-103(3), (6)). Public criminal justice information, which has no dissemination restrictions, includes initial offense reports and initial arrest records (44-5-103(13), 44-5-301). Confidential criminal justice information may go only to criminal justice agencies, to those authorized by law to receive it, and to those a district court authorizes after a written finding that the demands of individual privacy do not clearly exceed the merits of public disclosure (44-5-303(1)); a victim of the offense may receive it from the prosecutor, or from the investigating agency after consulting the prosecutor, if the prosecutor decides release would not jeopardize a pending investigation or proceeding (44-5-303(2)). The Act does not override laws requiring disclosure unless clearly inconsistent with its specific language (44-5-104). Where to ask: for the Highway Patrol, the Department of Justice says all records requests must be submitted exclusively through its online Public Records Request Submissions application with a Montana.gov account, one request per form, and that it responds within 5 business days; the Highway Patrol’s Crash Records page, however, says to email MHPRecords@mt.gov or call 406-444-3278 for records other than crash reports and photos, and that other data requests vary in price. For a city police department or sheriff, ask that agency. As an example only, the Helena Police Department’s Records Division, which keeps the records of the Helena Police Department, the Lewis and Clark County Sheriff’s Office and the East Helena Police Department, says case reports and supplemental information are generally confidential criminal justice information that require a court order from a judge, and its fee list shows $15.00 for media “upon approval from the City or County Attorney’s Office.” Retention: we found no statewide minimum. As an example only, the Billings Police Department’s policy manual (redacted public version dated January 19, 2022; policy 4-7 effective July 21, 2021) says officers record all investigative and enforcement contacts, in-car video starts when the overhead lights are activated, video and audio recordings are kept at least 90 days, and outside requests for copies go through its Evidence unit. Drones: information from a drone used “during the investigation of a motor vehicle crash scene that occurs on or involves a public roadway” is admissible in court (46-5-109(1)(c)), so ask whether one was flown.

When police can hold video back

Criminal file: by law, court or victim

Montana’s records law has no general “open investigation” exemption; the limit comes from the Criminal Justice Information Act. Criminal investigative information, information compiled by a criminal justice agency in investigating a crime, is confidential criminal justice information (MCA 44-5-103(3)(a), (6)), and it can be released only to criminal justice agencies, those authorized by law, or a person a district court authorizes after finding that individual privacy does not clearly exceed the merits of public disclosure (44-5-303(1)). The Act does not say the confidentiality ends when a case closes, but it gives two routes: a victim may receive the information from the prosecutor, or from the investigating agency after consulting the prosecutor, when the prosecutor decides release would not jeopardize a pending investigation or proceeding (44-5-303(2)); and when an investigation ends because prosecution is declined, or a prosecution is completed by judgment, dismissal or acquittal, a prosecutor who receives a written request (or who decides disclosure may be in the public interest) may ask the district court in a declaratory judgment action to release it, naming the requesters as defendants and notifying people with privacy interests, with in camera review no sooner than 30 days after filing; each side pays its own costs and attorney fees in that action (44-5-303(5)). These procedures are not exclusive, and you may file your own action (44-5-303(6)). The Highway Patrol says “Most records with Montana Highway Patrol are confidential.” We found no official guidance stating when a crash investigation stops being an investigation of a crime. Initial offense reports and initial arrest records are public criminal justice information (44-5-103(13)(e)). A crash report itself is governed separately and is available to the people involved under MCA 61-7-114, whatever the investigation’s status.

Do traffic cameras in Montana record?

MDT: cameras do not record video

The Montana Department of Transportation’s 511 site says: “MDT does not record video from any traffic cameras. Footage from the past is not available.” Its 511 contact section repeats “MDT does not record traffic camera video.” MDT also lists some web cameras it does not maintain (for example National Park Service cameras) and says it cannot guarantee their images. If you want to confirm for a specific camera, MDT is one of the executive branch agencies whose public information requests are handled by the Department of Administration’s Office of Public Information Requests through its online portal. A city or county may run its own cameras; those are separate systems, so ask that government’s records contact. State law also bars any state or local agency from installing a continuous facial surveillance monitoring camera on public roads and highways, except as the license plate reader law allows (MCA 44-15-105(1)(c)).

Red-light and speed cameras

Barred on traffic devices except rail

Montana bans camera enforcement on traffic control devices: “An automated enforcement system designed to detect traffic violations that is attached to a traffic control device may not be used to enforce traffic laws,” on highways under the Department of Transportation’s jurisdiction (MCA 61-8-203(5)) and on local roads (61-8-206(2)); both sections exempt automated enforcement systems attached to traffic control devices at railroad grade crossings. We found no statute authorizing speed cameras. Separately, a state or local agency may not use a license plate reader, defined to include a camera or other imaging device used to identify a vehicle’s owner, location or route on public highways, except for listed purposes: the Department of Transportation and cities for anonymous planning data and parking enforcement, weigh station and port of entry screening, and law enforcement looking for stolen vehicles, wanted, missing or endangered people, people with outstanding warrants, commercial trucking violations, case-specific criminal surveillance, major crimes, or vehicles near a recent crime (46-5-117). Law enforcement plate reader data may be kept no more than 90 days unless a preservation request or search warrant extends it; the data is a public record but is protected from disclosure except to the person to whom the plate is registered, and an agency need not disclose it if that would compromise an ongoing investigation (46-5-118).

If your request is denied

District court; fees possible if you win

An agency that denies a request must give a written explanation (MCA 2-6-1009(1)). If you believe a denial violates the law, you may file a complaint in district court under the Montana Rules of Civil Procedure (2-6-1009(2)); if a public agency that is not a local government fails to respond as 2-6-1006(3) requires, you may also file a complaint in district court (2-6-1009(3)). A person who prevails in district court enforcing rights under Article II, Section 9 or the public records statutes may be awarded costs and reasonable attorney fees (2-6-1009(4), 2-3-221). For confidential criminal justice information, the district court decides release after weighing privacy against disclosure (44-5-303(1), (5), (6)). We found no administrative appeal, state ombudsman or other office that reviews denials, and no statute setting a filing deadline for these complaints. You may want to ask a lawyer about a court petition, a subpoena or a preservation letter if you are bringing a claim.

What to do now

1. 1

   Request police video in writing now

   Send the responding agency a written request for body camera and dashcam video with the date, time, location and case number. For the Highway Patrol, use the Department of Justice’s online request application.

2. 2

   Ask them to keep the video

   We found no Montana minimum retention for police video; Billings policy, for example, says at least 90 days. Ask in your request that the video be preserved.

3. 3

   If you were hurt, ask as a victim

   If the crash is a criminal case, ask the prosecutor whether the investigative file, including video, can be released to you as a victim under MCA 44-5-303(2).

4. 4

   Do not wait on state traffic cameras

   MDT says it does not record traffic camera video. Ask any city or county that runs its own cameras right away.

5. 5

   Post the crash on the bounty board

   Dashcam and business camera footage is not in any public agency’s files and is often overwritten within days.

Frequently asked questions