21-05 Digital Media Records Policy

Study Notes

The Kansas City Missouri Police Department has implemented a policy for internally recorded digital media records.
The policy outlines the rules and procedures for recording, storing, and managing digital media records.

All digital media recordings generated on Department-owned equipment are the property of the Kansas City Missouri Police Department.
Members are prohibited from copying or reproducing digital media for use outside the Department without authorization.
Distribution of digital media must follow specific rules outlined in the policy.
Digital media recordings will be retained according to the Missouri Police Clerks Records Retention Schedule.

Digital media recording equipment includes in-car camera systems and Body Worn Cameras (BWC).
Members are responsible for the proper care of digital media recording equipment.
In-car camera systems and paired Body Worn Cameras will automatically activate in certain situations (e.g., lights and sirens activated, speed over 80 MPH).

Recordings include any form of audio, video, motion picture, or digital media.
Detectives will record custodial interrogations in accordance with state law.
Recordings are not required in exigent public safety circumstances, spontaneous statements, or when recording equipment fails.

Classified digital media will be evaluated for deletion and purged in accordance with Missouri Secretary of State’s Local Records Retention Schedule.
The Arbitrator System will send automated emails with digital media scheduled to be deleted.
Designees from each Department element will verify and respond to the emails to determine if digital media can be purged or retained.

Activations: any process that causes digital media recordings to transmit or store digital media.
Advisement: a statement made by a member at the outset of using a BWC to record a communication or conversation with a citizen.
Body Worn Camera: a camera system that captures audio and video signals, worn on a member’s person.
Digital Media: video, audio, software, or other content created, edited, stored, or accessed in digital form.
Digital Technology Section (DTS): personnel certified or trained in the operational use and repair of BWC, duplicating methods, storage and retrieval methods, and video forensics and evidentiary procedures.### Digital Media Retention and Requests
Active cases require digital media to be retained.
Un-held non-evidentiary media is automatically deleted after 180 days.
Pre-check classified videos are automatically deleted after 30 days, as per the Missouri Secretary of State's Local Records Retention Schedule.

All copies are produced by DTS personnel or designee.
A copy is defined as a reproduction of the digital media recording of the "event".

Federal, State, and Ordinance Violation Prosecutorial Requests and State and Federal Public Defenders:
- Must be submitted directly to DTS.
- No charge for these copies.
Federal, State, and Ordinance Violation Defense Attorney Requests:
- Defense attorneys must submit requests directly to DTS.
- Requests for state or federal level cases must be obtained from the appropriate prosecutor.
- Only city-level case requests will be filled by the Department, unless pursuant to a subpoena or court order.
Civil Case Requests:
- Must be submitted directly to DTS.
- Requests will only be provided after all criminal charges have been resolved.
- OGC should be consulted when an attorney or party requests digital media for use in cases where criminal charges are pending and/or digital media would otherwise be a closed record.
- The cost will be calculated by DTS, per the current Department fee schedule.
Department Member Requests:
- Requests for copies of recordings related to civil matters for personal use should follow the procedures under this section.
- This paragraph does not apply to internal investigations.
- Requests for copies of recordings for criminal cases must be submitted directly to DTS on the current form.
Other Law Enforcement Agency Requests:
- Must be submitted directly to DTS.
- No charge for these copies.
All other requests for the release of digital media will follow RSMo 610.023.