Do citizens (or prosecutors) get to demand police shut off bodycams?
Short answer: No. The Globe reports the AG’s spokesperson clarified that state policy permitting deactivation on request applies to victims and witnesses, not arrestees. Newport Police’s published body-worn camera policy states officers may choose whether to proceed when a member of the public objects, and “consent to record is not required.”
More broadly, Rhode Island’s BWC framework and similar departmental policies emphasize officer discretion and transparency; statewide materials reiterate that consent is not required and deactivation is narrowly cabined. dem.ri.gov
Why There’s No Public Intoxication Charge in Rhode Island
Here’s the part that may surprise readers: even though the bodycam shows both women plainly intoxicated, Rhode Island doesn’t criminalize mere public drunkenness. State law expressly prohibits the state or cities from making “being found in an intoxicated condition” an element of any criminal or civil offense, steering intoxication toward treatment rather than punishment. Justia Law Instead, officers can use protective custody for someone incapacitated by alcohol or proceed on conduct-based charges (e.g., trespass, disorderly conduct, resisting). That’s what happened here: Flanagan received a willful trespass summons, while Hannan was charged with trespass, disorderly conduct, and resisting arrest—not “public intoxication.”
