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

The public records law that gets you the video

South Dakota public records law, SDCL chapter 1-27 (sections 1-27-1 to 1-27-48)

Written: respond within 10 business days

The right: except as otherwise expressly provided by statute, all citizens of South Dakota and all other persons interested in examining public records may examine them during office hours and obtain copies under the chapter (SDCL 1-27-1), and public records include all records and documents “regardless of physical form” of the state, counties, cities and other public bodies unless another statute, ordinance or rule expressly provides otherwise (1-27-1.1). The two-step process: start with an informal request to the custodian of the record (“either written or oral,” the Office of Hearing Examiners says), who may provide it on payment of the actual cost of mailing or transmittal, the actual cost of reproduction, or another fee set by statute or rule; if the request takes more than one hour of staff time you may be required to pay for the staff time needed to locate, assemble or reproduce the record (1-27-35). For an informal request reasonably likely to cost more than $50, the custodian must give you an estimate first and you must accept it in writing; the custodian may waive or reduce the fee in the public interest (1-27-36). If the informal request is denied in whole or in part, you may make a written request to the agency’s public record officer, who must respond promptly and “in no event later than ten business days from receipt” by providing the record, denying it, or acknowledging receipt and estimating the time reasonably needed to respond further; extra time may be needed to clarify the request, locate records, notify affected third parties or decide what is exempt. If you do not answer a written request for clarification within ten business days, your request is deemed withdrawn; a denial must come with a written statement of reasons; and if the officer does not respond within ten business days, or misses its own estimate without a revised one, the request is deemed denied (1-27-37). For law enforcement records, the public record officer is the custodian of the record at a county or city, and for a state agency it is the department secretary or head (1-27-42). Fees: under the Bureau of Human Resources and Administration’s rule, where no other rate is set, copies cost $.25 a page for letter or legal size, $.50 for 11 by 17 inches and, for larger pages, $3.00 a page or the actual cost of reproduction, whichever is larger, transmittal may cost no more than actual cost, and there is no charge for electronic transmittal other than fax (ARSD 10:10:01:02, 10:10:01:03); a county, city or other local body may charge a reasonable fee for a specialized service (1-27-1.2). The law sets no separate fee for video, an agency need not provide a record in a format other than the one it is stored in (1-27-4), and a redaction counts as a partial denial (1-27-1.10). For state agencies, the state’s Public Records Request Portal on sd.gov says “Please direct all open record request inquiries here,” asks you to select the agency, and says “The agency will respond within ten (10) business days” (the Department of Transportation’s website links its Request Public Records item to this portal). As an example of a local fee, the City of Sioux Falls lists $30 for copies of police video recordings, $30 for photos or audio, and $20 an hour for record searches; its form says responses may take up to 10 business days.

Police body camera and dashcam video

No bodycam law found; may be withheld

We found no South Dakota statute that governs the release or retention of police body camera or dashboard camera video, and no 2024, 2025 or 2026 session law on it; we searched the section headings of every chapter of the South Dakota Codified Laws and the full text of chapters 1-27 (public records) and 23-5 (criminal identification and criminal justice information) for “camera,” “video” and “recording.” Police video is therefore handled under the general records law and its exemptions. Records “developed or received by law enforcement agencies and other public bodies charged with duties of investigation or examination of persons, institutions, or businesses,” if they are part of an examination, investigation, intelligence information, citizen complaint or inquiry, informant identification, or “strategic or tactical information used in law enforcement training,” “are not subject to” the open records sections (SDCL 1-27-1.5(5)). That exemption does not apply to records about the presence or concentration of alcohol or drugs in a person’s body fluid, and it does not apply to a 911 recording or transcript if the agency or a court determines that the public interest in disclosure outweighs the interest in nondisclosure. Confidential criminal justice information, which includes criminal investigative information compiled by a law enforcement agency in investigating a crime, including information about a crime “derived from reports of officers, deputies, agents, informants, or investigators or from any type of surveillance,” is specifically exempt from disclosure and “may be withheld by the lawful custodian” (23-5-10(1), (4); 23-5-11). Calls for service information, if maintained (the date, time, general location and general subject matter of a call), is not confidential and must be released unless it contains criminal intelligence, identity information that would jeopardize an ongoing investigation, or identity information tied to a mental health or chemical dependency intervention (23-5-11). Other exemptions that can reach crash video include records that would be an unreasonable release of personal information, records whose release could endanger anyone’s life or safety, records closed by another state or federal law (1-27-1.5(22), (23), (27)), and records relevant to a lawsuit involving the public body that would not be available in pretrial discovery (1-27-1.8). A crime victim also has a constitutional right, upon request, to prevent public disclosure of information or records that could be used to locate or harass the victim or the victim’s family (S.D. Const. art. VI, §29). Because 23-5-11 says such information “may be withheld,” an agency can choose to release it; ask anyway, and ask whether a redacted copy or a still image is possible. Retention: we found no statewide minimum retention period for police video; ask the agency in writing to preserve it.

When police can hold video back

Agency may withhold; no end date set

South Dakota’s investigation exemption (SDCL 1-27-1.5(5)) covers records law enforcement develops or receives that are part of an examination or investigation, and it contains no time limit: nothing in the statute makes the records public when a case closes or charges are resolved. The South Dakota Supreme Court applied it in Mercer v. South Dakota Attorney General Office, 2015 S.D. 31, upholding the denial of a Division of Criminal Investigation death investigation file requested after the Attorney General’s Office had publicly announced the cause of death and that there was no evidence of foul play. The Court held the file exempt under 1-27-1.5(5) and, as confidential criminal justice information, under 23-5-11, held that neither the Office of Hearing Examiners nor the circuit court was required to examine the record and fashion an alternative manner of release such as redaction, and said that a change would have to come from the Legislature. The opinion also records that the Attorney General’s Office had offered release to the family and, through media representation, the public on conditions, which shows the custodian’s discretion: 23-5-11 says such information “may be withheld,” not that it must be. The 911 recording carve-out (public interest balancing) and the alcohol and drug test carve-out in 1-27-1.5(5) still apply. A crash report itself is different: it is not privileged and may not be held confidential (SDCL 32-34-13). We found no official guidance stating when a crash investigation ends for these purposes. If you are a party to a lawsuit over the crash, discovery in that case is a separate route.

Do traffic cameras in South Dakota record?

SDDOT: cameras do not record video

The South Dakota Department of Transportation’s SD511 site states: “SDDOT DOES NOT RECORD VIDEO FROM ANY TRAFFIC CAMERAS. FOOTAGE FROM THE PAST IS NOT AVAILABLE.” If you still want to confirm for a particular camera or time, send a request through the state’s Public Records Request Portal, which handles state agency requests. Cities may run their own traffic cameras on separate systems; ask that city’s records custodian right away.

Red-light and speed cameras

Red-light camera vendor deals barred

No state, county, municipal or township authority “may contract with any private corporation to provide for the use of any photo monitoring device to detect any red light violation” (SDCL 32-28-17); a photo monitoring device is a stationary, unmanned device used with a lighted traffic control device to detect a red light violation, combined with a photographic identification of the vehicle that results in a citation against the registrant rather than the driver (32-28-18), and the Legislature declared both sections a general law of the state within the meaning of Article IX, Section 2 of the Constitution, the home rule section (32-28-19). Separately, the Department of Public Safety and the Division of Motor Vehicles may not enter into any compact to give another state information used to impose or collect a civil fine for a violation captured by a red light camera or speed camera (32-28-21), and may not provide that information through any existing interstate compact that does not specifically allow, or require, sharing for that purpose (32-28-22); a civil fine here is one imposed without proving the violation beyond a reasonable doubt to a court or jury (32-28-20). We found no South Dakota statute that authorizes red-light or speed camera enforcement, and none that expressly bans a speed camera program; the 32-28 sections date from 2014 and were not amended in 2024 to 2026. If a city or county does operate a camera, ask its records custodian; we found no statute governing access to such images. School bus cameras: since 2025 (House Bill 1094, SL 2025, ch 131), if a school bus transporting students enrolled in a South Dakota school district is equipped with an external video system capable of recording traffic activity around the bus, any recording from it “is discoverable and may be entered into evidence in any civil or criminal action,” though no district or bus company is required to install one (32-32-17). A vehicle used to pass a stopped school bus illegally when the driver is unknown is subject to a $250 civil penalty (32-32-9, 32-32-6). If your crash happened near a school bus, ask the school district or bus company for that recording promptly.

If your request is denied

Hearing examiners or court, 90 days

If a public record officer denies a written request in whole or in part, or you object to the estimate of fees or of time, you may within ninety days of the denial either start a civil action by summons or file a written notice of review with the Office of Hearing Examiners, sent by registered or certified mail with your contact details, the officer and agency, a copy of your written request and any denial or response (SDCL 1-27-38). The Office mails it to the agency, which may respond within ten business days; the Office may hold a hearing if good cause is shown, and issues written findings and a decision (1-27-39, 1-27-40). If it orders release or finds a fee excessive, the agency has thirty days to comply or appeal (1-27-40.1), and the aggrieved party may appeal to circuit court under chapter 1-26 (1-27-41); nothing is released until a final decision orders it. In a civil action or appeal, if the court finds the agency acted unreasonably and in bad faith, it may award costs, disbursements and a civil penalty of up to $50 a day of delay, paid to the state general fund (1-27-40.2). The Office of Hearing Examiners now lists its address as the Foss Building, 523 E. Capitol Avenue, Pierre, SD 57501, 605.773.6811, SDOHE@state.sd.us, while the statutory form still prints 500 E. Capitol Avenue (1-27-43); use the current address. A lawyer can advise on a subpoena or a preservation letter if you are bringing a claim.

What to do now

1. 1

   Ask the responding agency now

   Request body camera and dashcam video from the agency that worked the crash, giving the date, time, location and case number. If it refuses, put the request in writing to its public record officer.

2. 2

   Ask them to preserve the video

   We found no statewide retention minimum for police video in South Dakota. Ask in writing that the recording be kept while your request or claim is pending.

3. 3

   Do not count on state traffic cameras

   SDDOT says it does not record video from any traffic cameras. Ask a city that runs its own cameras right away.

4. 4

   Appeal a denial within 90 days

   File a notice of review with the Office of Hearing Examiners by registered or certified mail, or sue in circuit court.

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