Public Records in Oklahoma: How to Use the Open Records Act to Build a Case (Body Cam, Jail Logs, Policies)

Before you file a lawsuit—sometimes before you even know if you have a case—government records can provide crucial evidence. Body camera footage, jail booking logs, policy manuals, complaint histories, and training records are all potentially available through Oklahoma's Open Records Act.

Knowing how to use this law gives you an investigative advantage that most people don't realize they have.

What the Open Records Act Covers

The Oklahoma Open Records Act (51 O.S. § 24A.1 et seq.) establishes that most government records are public property that citizens have a right to inspect and copy.

Records That Are Typically Available

• Police body camera and dashcam footage
• Incident reports and arrest records
• Jail booking logs and detention records
• Policy and procedure manuals
• Training materials and curricula
• Personnel files (with some limitations)
• Complaint and disciplinary records
• 911 call recordings
• Emails and written communications
• Contracts and financial records

Records That May Be Exempt

Certain records have exemptions:

• Ongoing criminal investigations (but this exemption ends)
• Personnel evaluations (though not always)
• Attorney-client privileged communications
• Deliberative process documents
• Some medical and personal information

Whether an exemption applies often requires analysis—and agencies sometimes claim exemptions improperly.

How to Make a Request

Step 1: Identify the Right Custodian

Who has the records you want?

• Police records: the police department (city or county)
• Jail records: the sheriff's office or detention facility
• Court records: the court clerk
• State agency records: the specific agency

Step 2: Submit a Written Request

While oral requests are sometimes accepted, always submit in writing:

• Clearly identify the records you want
• Be specific enough that staff can locate them
• Include your contact information
• Reference the Open Records Act

Step 3: Request Format

You can specify the format:

• Physical copies
• Electronic copies (preferred for video)
• Inspection without copying

Step 4: Understand Fees

Agencies can charge for:

• Copying costs (typically per page)
• Search time for voluminous requests
• Media costs for video

They cannot charge fees that make access prohibitively expensive.

Step 5: Wait (But Not Too Long)

Agencies should respond "promptly"—generally interpreted as a few business days for simple requests. Complex requests may take longer, but unreasonable delay violates the Act.

Sample Request Language

Here's a template for a police records request:

Dear Records Custodian,

Pursuant to the Oklahoma Open Records Act (51 O.S. § 24A.1 et seq.), I request copies of the following records:

1. All body camera footage from Officer [Name] from [Date], between [Time] and [Time]
2. All incident reports related to [Address/Incident Number]
3. All dashcam footage from vehicles involved in the incident
4. 911 call recordings for calls from [Address/Number] on [Date]

Please provide these records in electronic format where available. I am willing to pay reasonable copy costs.

Please respond within [X] business days as required by law.

Building Your Case: What to Request

For Excessive Force Cases

• Body camera footage from all officers present
• Dashcam footage from all vehicles
• Incident reports (initial and supplemental)
• Use-of-force policies
• Training records on de-escalation
• Prior complaints against the officer(s)
• Prior force incidents involving these officers

For Jail Death/Injury Cases

• Booking records and intake screening
• Medical records and sick call logs
• Cell check logs and tier checks
• Video surveillance footage
• Policies on suicide prevention/medical care
• Staffing records
• Prior incidents at the facility

For False Arrest Cases

• Arrest reports and probable cause affidavits
• Body cam and dashcam footage
• Dispatch recordings
• Policies on arrest authority
• Training on probable cause
• Prosecutor communications about the case

For Employment Cases Against Government

• Personnel policies and employee handbooks
• Communications about the employment decision
• Investigation files
• Prior discipline and performance records
• Comparative treatment of similarly situated employees

Dealing With Pushback

Agencies sometimes resist disclosure. Common tactics:

Claiming Exemptions

Agencies may claim records are exempt when they're not. Push back:

• Ask for the specific statutory exemption cited
• Challenge overbroad interpretations
• Request redacted versions if some information is exempt

Delay Tactics

Endless delays violate the Act. Send follow-up requests citing the promptness requirement.

Excessive Fees

Agencies can charge reasonable costs, but not as a barrier. Challenge fees that seem designed to discourage access.

"We Can't Find The Records"

Missing records are suspicious. Document your request and the failure to produce—it may be relevant to your case.

Enforcement Options

If an agency violates the Open Records Act:

District Court Action

You can sue to compel disclosure. Courts can award:

• Order to produce records
• Attorney fees
• Civil penalties against the agency

Attorney General

The AG's office can provide opinions on Open Records issues, though this process is slower than litigation.

Timing Matters

Before Litigation

Open records requests are often more effective before you file suit. Once litigation begins:

• Agencies may claim litigation exceptions
• Formal discovery may be required instead
• The adversarial posture changes

Preservation Concerns

Some records (especially video) are automatically deleted after a period. Act quickly to ensure preservation.

Statute of Limitations

While gathering records, remember your underlying claims have deadlines. Don't let investigation delay action.

We Use Open Records Strategically

Open records requests are a core part of our case investigation—especially for civil rights and government negligence claims. We know what to ask for, how to get it, and what it means when agencies resist.

If you're considering a claim against government actors and need to understand what records are available, contact us for a free consultation. We'll help you investigate before committing to litigation.