3.88 Body Worn Camera.docx

Cross Reference: 3.10, 3.63, 3.72, 3.87, 3.90 Introduction The principal purpose of a Body Worn Camera (BWC) system is to collect evidence that may be used to prosecute traffic and criminal offenses, assist with investigations, or help evaluate and train personnel. It can also provide documentat...

Cross Reference: 3.10, 3.63, 3.72, 3.87, 3.90 Introduction The principal purpose of a Body Worn Camera (BWC) system is to collect evidence that may be used to prosecute traffic and criminal offenses, assist with investigations, or help evaluate and train personnel. It can also provide documentation of whether the situation was handled lawfully and professionally. Police interactions with individuals during enforcement activity may rapidly evolve, and recording these interactions is an excellent way to provide transparency to the community. The BWC and the Cruiser Video System (CVS) are integrated and can be used simultaneously. When the CVS is operational the BWC will serve as the body microphone. This policy does not pertain to interviews or interrogations conducted at any Grandview Heights Division of Police facility or authorized undercover operations. Definitions Classification The category assigned to each video recording, chosen from the following selections after the camera has been deactivated. Traffic Warning Traffic Citation Traffic Accident Assault Domestic Drug Charge / Seizure D.U.I. Evading Motorist Assist Suspicious Vehicle / Behavior Test None Arrest Interview Injury Robbery Disturbance Policy Statements Uniformed personnel who are assigned an individual BWC shall, at the beginning of their shift, ensure the BWC is fully charged, operable, and all previous video recordings have been uploaded. A BWC shall be powered on throughout the assigned personnel’s shift, including Special Duty assignments, unless directed otherwise by a Division supervisor. Sworn personnel shall only use Division-issued BWCs. All recorded images and audio recordings made on the BWC are the property of the Division of Police. Division personnel shall not disseminate or duplicate these recordings outside the Division unless approved by the Chief of Police, pursuant to the Ohio Public Records Act, or in accordance with a legally binding subpoena. Uniformed personnel should wear BWCs in a conspicuous manner. BWC use shall be documented on all appropriate paperwork and in the electronic reporting system. Activation Uniformed personnel shall activate the BWC at the start of an enforcement action or at the first reasonable opportunity to do so. All enforcement actions shall be recorded unless otherwise prohibited. Enforcement actions shall consist of: All calls for service and self-initiated activity that involve or are likely to involve interaction with a member of the public. All investigatory stops. Traffic and pedestrian stops including, but not limited to, all traffic violations, stranded motorist assistance, and all crime interdiction stops. Uses of force. Arrests. Forced entries. Consent searches and search warrant execution. This section does not apply to any sworn personnel conducting evidence review or search warrant execution in a controlled environment at Division Headquarters or the Division’s off-site property room. All sworn personnel involved in the execution of a search warrant served during a tactical operation on an occupied structure shall be equipped with an operating BWC and shall activate their BWC prior to entry of the occupied or associated curtilage. Other than a no-knock warrant, the knock of an entry door, the announcement of law enforcement having a search warrant, and the required statutory time delay prior to entry shall be recorded. Plain clothes personnel (i.e. detectives) are required to wear a BWC on their protective vest or uniform during all search warrant executions, raids, or tactical operations being conducted in the field, with the following exceptions: The search warrant is in response to a detective call-out where the crime scene is already contained by police personnel, and the response is for evidence recovery or investigation. A supervisor at the scene has authorized plain clothes personnel to deactivate their BWC after initial entry has been made and, scene containment has been established and, all potential suspect(s) or person(s) of interest have been properly detained or secured. A covert (undercover) operation or surveillance is being conducted Consent searches as a result of a knock-and-talk during a general investigation or follow-up investigation. Task force personnel shall comply with their respective Standard Operating Procedure (SOP) and the Memorandum of Understanding (MOU) with the sponsoring agency for the use of the BWC and the retention and release of BWC video. Uniformed personnel shall activate the BWC when an encounter becomes confrontational, or its use would be appropriate or valuable to document an incident unless otherwise prohibited. Uniformed personnel shall continue recording until the enforcement activity or encounter has ended, or they are ordered/permitted to stop the recording by a sworn supervisor. BWC recordings may be used to provide evidence, record an incident to document the actions and statements of suspects during interviews or while being placed into custody, or to verify an action taken. The BWC shall not be used in the following manner: To record non-work-related personal activities where personnel have reasonable expectation of privacy, such as inside locker rooms, dressing rooms, or restrooms, unless a criminal offense has occurred. Intentionally activated to record privileged communication or conversations of fellow Division personnel during routine, non-enforcement-related activities with or without their knowledge. To gather intelligence information solely based on First Amendment protected speech, association, or religion. During a strip search or body cavity search. The BWC shall not be used if ordered by a sworn supervisor. The supervisor may need to justify their decision. Sworn personnel may deactivate the BWC: When gathering information from a confidential informant or source. Without explicit supervisor approval when not in the presence of suspects or citizens and speaking with the Division’s legal advisor, covert/investigative personnel, supervisor or other sworn personnel. While engaged in guard duty inside a hospital; however, if an encounter becomes confrontational and /or enforcement action becomes necessary, the BWC shall be activated as soon as practical. During a Lethality Assessment Screen. Sworn personnel should remain sensitive to the dignity of all individuals being recorded and exercise discretion to respect the privacy by discontinuing recording whenever it reasonably appears to personnel that such privacy may outweigh any legitimate law enforcement interest in recording. Recording should resume when privacy is no longer at issue unless the circumstances no longer fit the criteria for recording. Many portable recorders, including BWC and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present. Sworn personnel shall deactivate the BWC after securing weapons and entering the door into the prisoner processing area of the Franklin County Sheriff’s Office Corrections Center. The preferred course of action is to allow sheriff’s office personnel to handle any problem associated with a prisoner. If Division personnel are forced to take enforcement action, they shall activate the BWC as soon as practical. If uniformed personnel do not activate the BWC, the battery is exhausted/depleted, or the recorder malfunctions, they shall document the reason(s) on the appropriate paperwork, in the CAD, and/or electronic reporting system. If uniformed personnel do not record the entire contact, justification shall be expressed verbally on the BWC before turning it off when it is safe and practical to do so. Uniformed personnel should re-activate the BWC if they re-engage suspects/citizens. All digital data shall be uploaded as directed and shall be classified and stored in a secure database that allows limited access. Sworn personnel shall upload video footage prior to going on leave, except when permission is granted by the chain of command designating an alternate time for uploading. If sworn personnel becomes incapable of uploading the video, the chain of command will make arrangements for uploading all video footage. Personnel shall not tamper with, erase, alter, or destroy any original recorded section of video or audio. Personnel shall classify all recordings consistent with Division training and policy. Personnel shall not knowingly classify a video inappropriately or take other inappropriate actions to prevent a recording from being viewed or uploaded or to alter retention periods. BWC recordings shall be securely stored and maintained pursuant to the City of Grandview Heights Division of Police Records Retention Schedule. All stored recordings are subject to release as required by Ohio’s public record laws. All records should be reviewed by the Custodian of Records prior to public release. Recordings that unreasonably violate a person’s privacy or sense of dignity should not be released unless disclosure is required by law or order of the court. Recordings that contain LEADS/NCIC records either visible or audible shall be redacted. Sworn personnel may review video footage of an incident in which they were involved prior to completing a report or making a statement to help ensure accuracy. Sworn personnel shall not retain personal copies of the recording. Sworn personnel should not use the fact that a recording was made as a reason to give a less detailed description of an incident. In addition to the directives throughout this policy, BWC recordings may be reviewed randomly as part of the supervisor review process. This may lead to corrective action or discipline as outlined in the applicable collective bargaining agreement. Supervisors will look for issues involving the following: Proper classification of recordings Constitutional and other legal issues Officer safety issues Professionalism Mentoring or training opportunities Opportunities for recognition of a job well done Supervisory reviews will be documented and logged in the electronic recording system. All sworn personnel shall be required to acknowledge an annual review of this policy. Such acknowledgement shall be maintained by the training sergeant and available for inspection by the Ohio Collaborative. Internal Investigations Allegations of misconduct arising out of an investigation of a citizen complaint may be investigated and subject to discipline. If a minor policy violation is discovered during a supervisor’s review of a BWC recording, in situations where no citizen complaint is alleged, the employee will receive documented training. The training must occur within seven calendar days of the supervisory review. Same or similar conduct by the same employee will subject the employee to progressive discipline. If personnel are observed to have committed a violation of the Rules of Conduct or a more serious policy violation during a supervisor’s review, the employee may be investigated and subject to discipline, provided that any such violation is discovered within 60 days of the incident. Failure to activate the BWC when required may result in progressive discipline.