Using Reality TV Footage as Evidence in Criminal Defense Cases

July 30, 2018

In 2018, the City of Jeffersonville ended its participation in A&E’s nationally televised reality series Live PD. The decision came as defense attorney Larry Wilder pushed courts to recognize the program’s raw, unedited video as critical evidence in criminal cases.

Representing multiple clients whose arrests appeared on Live PD, Wilder argued that the program’s cameras captured far more than what made it into broadcast clips. “Every piece of film is evidence,” he stated, explaining that the uncut footage could provide essential context, clarify timelines, and preserve details omitted from the edited television segments.

Wilder issued subpoenas to Big Fish Productions, the New York company behind Live PD, seeking not only the footage that aired but also the complete recordings from the show’s videographers. His goal was to ensure that defendants received a full and fair defense by accessing all material captured during encounters with law enforcement.

In one case involving a Jeffersonville man arrested for carrying a handgun without a license, Wilder successfully obtained a court order requiring production of the footage. However, the production company resisted compliance, prompting Wilder to warn that he would seek contempt findings against those withholding evidence, or move to exclude evidence entirely if defense teams were denied access to key video.

Wilder’s advocacy underscored a broader legal question: how should reality television footage be treated when it overlaps with criminal proceedings? For Wilder, the answer was clear—if cameras are present during an investigation or arrest, their recordings are as important as any police report or witness statement.

By challenging the courts and production company, Wilder advanced a critical conversation about transparency, due process, and the evolving role of media in the justice system. His work demonstrated a commitment to protecting defendants’ rights and ensuring that no potentially exculpatory evidence remained hidden in an editing room.