Charlotte-Mecklenburg Police Department Body Worn Camera (BWC) PDF

Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 1 of 24 I. PURPOSE This policy establish...

Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 1 of 24 I. PURPOSE This policy establishes guidelines for the Charlotte-Mecklenburg Police Department (CMPD) regarding the use, management, storage, and retrieval of audio and video recordings from body worn cameras (BWC). BWCs are utilized by officers to promote transparency in accordance with state law and accountability for officers and the community through objective evidence. For the purpose of this directive, the term officer applies to all sworn employees, regardless of rank. II. POLICY A. Officers are issued a BWC and shall use it to record interactions between officers and the public as described in this directive. B. Any violation of this directive is considered a violation of Rule of Conduct #42 (Use of Body Worn Cameras) and will be investigated. 1. BWCs will only be used for law enforcement purposes in accordance with applicable law and CMPD policy. 2. Employees are prohibited from using any device, application, software, or program to copy, photograph, or record the playback of any video and audio recorded by a BWC, except as described in Section VI, Recording Control and Management. 3. Any other copying or duplication of BWC recordings outside of the provisions outlined in Section VI, Recording Control and Management, requires the consent of the Chief of Police or designee. 4. Officers are only permitted to view evidence that their camera captures, or that is related to cases they are investigating. Officers shall not access anything in Evidence.com that is not related to their evidence or their investigations. 5. Recording or releasing any recordings from Evidence.com or Genetec by any employee without an order for release signed by a superior court judge is a violation of N.C.G.S. §132-1.4A and could result in civil liability and/or criminal charges. C. Officers shall insert the BWC into a designated docking station at the end of their shift to facilitate automatic video and audio upload. D. Officers issued a BWC shall complete and follow the approved CMPD training for the use and data storage of the BWC. E. Civilian employees with access to BWCs and/or Evidence.com will adhere to all applicable sections of this directive. III. DEFINITIONS A. Audit: A supervisor reviews BWC recordings to ensure compliance with departmental directives.  Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 2 of 24 B. Body Worn Camera: An on-the-body video and audio recording system assigned to an officer to document interactions between officers and the public. C. Citizen Contact: An encounter with a citizen that has no criminal or investigative purpose. (i.e., engaging in conversation with someone or interacting with persons to obtain non-criminal or non-investigative information.) D. Disclose: To make a recording available for viewing or listening. E. Entry Team: Any officer whose purpose is to enter and ensure a structure is safe for the execution of a warrant or with exigent circumstances. F. Investigative Conversation: For the purpose of this directive, investigative conversation refers to when officers may deactivate their BWC based on confidential conversations about an investigation (e.g., Officers discussing the appropriate charges in a domestic violence case, confidential informant development, briefing command staff about a case, etc.). G. Livestreaming: An Evidence.com setting that allows authorized agency users to view a recording in real-time. H. Pre-Event Buffering: The BWC mode in which the video, not audio, is captured directly before the event, up to thirty (30) seconds, and will be saved and attached to the event in permanent memory. I. Release: To provide a copy of a recording to the petitioner or other party as designated by the Chief of Police. J. Search Team: Any officer who, pursuant to a judicial order or exigent circumstance, conducts a search of a structure to locate persons involved in a crime or evidence of a crime. IV. ROLES AND RESPONSIBILITIES A. Chief of Police The Chief of Police shall: 1. Ensure compliance with this directive by all personnel. 2. Review and determine whether to seek the release of any BWC recording that is in the best interest of public safety and in accordance with state and federal law. B. Executive Staff Executive staff members shall: 1. Educate officers and the community on the benefits of BWC technology to promote transparency and accountability within our community. 2. Ensure compliance with this directive by all personnel under their command.  Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 3 of 24 3. Utilize BWC audits to identify policy and training issues. When identified, executive staff will coordinate with the training academy to develop and implement best police practices. 4. Make the final adjudication on allegations of a policy violation related to Rule of Conduct #42. 5. Wear and operate a BWC as outlined in this directive when working secondary employment in uniform or when wearing a tactical vest for plain clothes assignments. C. Command Staff Command staff will adhere to the operational and directive guidelines of an officer when utilizing a BWC. Command staff who are responsible for personnel using BWC equipment shall ensure the following: 1. Current recordings are reviewed and document best police practices and compliance with this directive as a part of a performance review development (PRD) or BWC audit. 2. Adherence to established procedures for using and maintaining BWC equipment and completing BWC documentation. 3. Compliance with this directive by personnel under their command. 4. Recordings related to an administrative investigation are properly categorized and bookmarked in the digital storage system prior to the scheduled deletion date. 5. To educate officers and the community on the benefits of BWC technology to promote transparency and accountability within our community. 6. Wear and operate a BWC as outlined in this directive when working secondary employment in uniform or when wearing a tactical vest for plain clothes assignments. D. Sergeant Sergeants shall adhere to all operational and directive guidelines of an officer when utilizing a BWC. Sergeants responsible for personnel who are using BWC equipment shall ensure the following: 1. Officers are properly wearing the BWC (patrol) or have the BWC readily available (non-patrol) prior to the scheduled shift begins, as outlined in this directive.  Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 4 of 24 2. BWCs are properly docked for charging and uploading at the end of the shift. Sergeants shall ensure cameras are not removed from the docking station before the uploading of recordings is complete. 3. Proper troubleshooting steps are followed upon notification of any damage or malfunction of a BWC. 4. BWC recordings are documented by the employee in all associated reports under the corresponding complaint number. 5. A monthly audit of selected BWC recordings from a random database is reviewed to assess an officer’s or detective’s performance, that the camera is being utilized according to this directive, and to identify any recording that may benefit future training. The random list consists of a minimum of one (1) recording from each officer or detective who has recorded a video. Upon completion of the division- level review, the supervisor shall document and submit the findings to the agency policy and compliance administrator via the BWC audit database. 6. BWC recordings related to an internal investigation shall contain the IACMS video category by the end of the employee’s shift. 7. Assigned cases have all recordings properly categorized by the officer in charge or detective. When a recording is categorized incorrectly, the sergeant shall ensure this is corrected within twenty-four (24) hours. E. Officer Officers issued a BWC, regardless of rank, shall adhere to the procedures listed below: 1. BWC Operation a. While wearing a BWC, officers shall ensure the BWC is powered on for the duration of the on-duty or secondary employment shift as outlined herein. b. Officers shall wear and operate a BWC: (1) When working on duty in a patrol assignment. (2) When working secondary employment. (3). When responding to a call as a courtesy officer. (4) When wearing tactical vests for plainclothes operations for on-duty and secondary employment. Officers shall have their BWC with them in the event they need to put on a tactical vest. (5) Officers with marked take-home vehicles shall wear and operate a BWC, as outlined in this directive, when operating the vehicle in uniform, regardless of duty status. Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 5 of 24 c. Officers assigned to specialized units (e.g., SWAT, VCAT, task force detectives, Crime Gun Suppression Team, etc.) shall abide by this directive and any additional requirements outlined in their specific unit’s standard operating procedure. d. Hireback officers shall wear and operate a BWC as outlined in this directive for on-duty and secondary employment assignments. e. Police training officers (PTOs) shall ensure and document in the new officer’s PTO manual that new officers understand proper BWC utilization in accordance with this directive. f. A BWC issued to an officer or any BWC equipment installed in a vehicle is the employee’s responsibility and will be utilized according to CMPD policy. g. Officers shall not deliberately remove, dismantle, or tamper with any hardware and/or software component of the BWC. h. In the event a BWC is lost, the employee shall immediately notify their supervisor, who will initiate a lost equipment memorandum through the chain of command to the agency policy and compliance administrator. The supervisor will notify the Real Time Crime Center (RTCC). i. Officers must ensure that non-police-related electronic devices within the vehicle (i.e., music radios, streaming devices, etc.) are turned off when the BWC is activated. j. Officers, prior to the beginning of a shift, shall: (1) Perform a pre-shift audio and video recording test utilizing at least one (1) available automatic activation device such as blue light automatic activation, signal side arm activation, and conducted electrical weapon (CEW) automatic activation. Test recordings will be categorized as “test.” (2) Playback test recordings can be accessed via the Axon View application. The application is free to download and does not store data on the user’s smartphone. k. Officers prior to and throughout each on-duty or secondary employment shift shall ensure that all components of their BWC are working satisfactorily. (1) If a BWC is deemed non-operational during an on-duty or secondary employment shift, the officer will notify a supervisor and contact the RTCC. (2) If the camera is unrepairable and/or a replacement is unavailable, the officer shall be partnered with an officer with an operational BWC Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 6 of 24 for the remainder of the officer’s shift. The officer will document in their departmental reports the reason for the lack of BWC recordings. (3) If the officer is working secondary employment, the employee must notify the employee’s supervisor, and the event shall be documented in the secondary employment system notes of the secondary employment record. l. Officers issued a BWC shall sign into CAD when working in a capacity that requires wearing a BWC. Additional requirements in reference to CAD are outlined below: (1) Officers shall either sign into CAD or contact the Communications Division via radio and request to be signed in for secondary employment. (2) Two-officer calls for service units must utilize a two-officer unit ID, and both officers’ code numbers shall be logged into CAD. (3) Two-officer specialized unit cars must also sign into CAD with both officers’ code numbers. m. Officers and sergeants assigned to patrol will be issued two (2) BWCs, one (1) for on-duty and one (1) for secondary employment. 2. BWC Activation a. BWCs shall be turned on and activated to record prior to arrival to any call for service, self-initiated activity, or law-enforcement-related interactions as outlined in this directive while on duty or working secondary employment. In addition to responding to calls for service, examples of self-initiated activity and law-enforcement-related interactions that require a BWC activation and recording include: (1) Traffic stops, including following a vehicle an officer intends to stop or has failed to stop and the investigation of a vehicle and occupants already stopped or parked. The traffic stop will be recorded in its entirety. For the purpose of this directive, the end of the traffic stop is when either the citizen’s vehicle or the police vehicle leaves the traffic stop location. (2) Suspicious vehicles or persons. (3) Voluntary investigative contact (suspicion of some type of criminal activity by a person). (4) Arrests and/or investigative detainments. (5) Response to resistance occurrences. Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 7 of 24 (6) Animal euthanasia. (7) K-9 tracks and K-9 building searches. (8) Foot pursuits. (9) Show-ups. (10) At the request of a citizen during an interaction with an officer. (11) Operation of a vehicle in an emergency response or pursuit. (12) Assisting another officer on any call for service, self-initiated activity, or law-enforcement-related interaction. (13) Traffic Checking Station The preplanned systematic stopping of vehicles to check motorists for compliance with license requirements and other motor vehicle laws, including driving while impaired. (a) Once an officer determines there is reasonable suspicion or probable cause to detain the driver (b) Except as listed above, officers are not required to record during the entire duration of the checkpoint. (14) The entire duration of the transportation of any person who: (a) Has been arrested or detained. (b) Is a witness. (c) Is a juvenile (not including off-duty transport of household members). (d) Has been involved in a mental health crisis or is exhibiting symptoms of distress. (e) Has been involved in a response to resistance. (f) Is argumentative and/or combative. (g) Is verbally abusive. (h) Is using inappropriate, suggestive, and/or sexual language. (i) Is injured or claims to be injured. (j) Is intoxicated or impaired. (k) Is being provided a courtesy ride. (l) Any situation that the officer or supervisor deems necessary. Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 8 of 24 The above applies to all instances where an officer is wearing a BWC, as outlined in this directive. (15) Search warrants or exigent circumstance searches of vehicles, buildings, and other places. This applies to all instances where an officer is wearing a BWC, as outlined in this directive. (a) Preparations for tactical service of any search or arrest warrant and any employee working in an undercover or covert capacity shall not be recorded, if possible. (b) For the execution of a search or an entry team, the recording shall begin prior to making entry and continue until the premises have been secured. (c) A search warrant or with exigent circumstances, the recording shall not stop until the search has been concluded and all evidence has been located and properly confiscated. (16) Consent Searches This applies to an instance or instances where an officer is wearing a BWC as outlined in this directive. (a) During a consent search, an officer shall record the request for consent and the citizen’s response to that request. (b) Obtaining recorded verbal consent does not preclude an officer from also obtaining written consent. It is best practice to obtain both verbal and written consent. (c) If during a consent search in a non-public place, the citizen no longer wants the search recorded, the officer shall verbalize the reason for stopping the recording and continue as normal without recording. b. Officers issued a BWC will not circumvent its automatic activation features, including avoiding utilizing vehicle emergency warning devices or powering off a BWC prior to using equipment installed with an automatic activation device. Officers will utilize flashing blue lights and sirens when operating outside of traffic laws and ensure the BWC is recording. 3. BWC Deactivation BWCs shall be deactivated under the following circumstances: a. Officers have cleared the call for service, self-initiated activity, law- enforcement-related interaction, or required instance as stated in this directive. Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 9 of 24 b. For any incident that involves the presence of, or potential for an explosive device (i.e., bomb threats, suspicious or unattended packages, post-blast scenes, or any other call for service involving the CMPD Bomb Squad) all personnel assigned and operating a BWC should turn off their camera and any other radio frequency generating equipment (portable radio, cellphone, tablet, etc.) when conducting a search or operating within a three hundred (300) foot proximity to a potential or confirmed explosive device. Officers assigned to duties such as traffic control, perimeter security, or any other tasks that put them outside of that three hundred (300) foot range may continue to operate their BWC and other devices as required by policy. c. Officers who have not cleared the scene but are completing paperwork, e.g., KBCOPS report, may deactivate their BWC provided they are not interacting with persons involved in the call for service, self-initiated activity, or law-enforcement-related interaction (e.g., sitting in a patrol vehicle completing paperwork). Officers will reactivate their BWC should they become re-engaged with citizens on the call for service, self-initiated activity, or law-enforcement-related interaction in any capacity. d. Officers who have not cleared the scene of an investigation may distance themselves from citizens on scene and deactivate their BWC to engage in an investigative conversation but must reactivate their BWC when they reengage with citizens. e. A supervisor directs the officer to deactivate the BWC (e.g., perimeter post during a major investigation). f. Officers assigned to specialized units will operate BWCs as defined in their standard operating procedure if the use of BWC is addressed in their unit’s standard operating procedure. g. Officers will verbally state the deactivation reason prior to deactivating their BWC. h. See “BWC Operation in Sensitive Areas” for additional deactivation guidelines. 4. BWC Docking a. All BWCs used for on-duty recordings shall be placed in the division’s dock at the end of the employee’s shift. b. The secondary camera (if provided) shall be removed and retained by the employee for use at secondary employment or traveling to and from work while in uniform operating a marked vehicle. c. Upon return to on-duty, the process will be repeated, and the “off-duty” camera shall be returned to the division dock for charging and downloading. Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 10 of 24 d. It is understood that some employees do not work secondary employment on a regular basis; however, this process is required each duty day to maintain the software and battery of all cameras. e. Officers working secondary employment are to dock and download any recording associated with complaints, response to resistance, or other situations as directed by a supervisor before the employee ends their tour of duty. The docking and downloading can be done at any division office in any open dock port. The employee shall wait until all recordings have been downloaded before removing the camera. All other recordings shall be downloaded by docking the camera at the employee’s division office upon the employee’s return to duty unless that return will be delayed longer than the employee’s normal days off (not to exceed three (3) days). f. Hireback officers may upload their recordings at any division office within three (3) days but shall wait until all recordings have been uploaded before removing the camera. 5. BWC Mounting Requirements Officers will attach the BWC to their outermost garment utilizing a wing clip mount. In compliance with the Axon Body 3 camera training video provided by the CMPD Training Academy: a. The inner portion of a wing clip mount will be placed inside the uniform shirt in the center of the chest. b. The inner portion of a wing clip mount will be placed inside the outer fabric (not the liner) of a uniform jacket to the left or right chest area. 6. BWC Categorization and Documentation a. When an incident has ended, the officer will stop the BWC recording and enter the appropriate category and the corresponding incident complaint number. b. Officers will ensure all BWC recordings have the correct complaint number and are properly categorized prior to the completion of their shift. c. Officers must categorize recordings during secondary employment assignments immediately after downloading them using Evidence.com if their CMPD-issued smartphone is unavailable or the officer chooses not to utilize their personal smartphone. d. Corrections to the categorization or complaint number must be completed within twenty-four (24) hours of being notified of the error. e. Officers will ensure a KBCOPS report notes the existence of any associated BWC recordings. This documentation must include a brief description of the recording. Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 11 of 24 f. The officer in charge or detective will ensure all recordings in the BWC system relevant to their case are properly categorized. g. BWC videos may contain multiple categories at once. Officers shall ensure all BWC videos are categorized with all categories applicable to that specific video. h. Officers are responsible for notifying their supervisor of any recordings they are unable to categorize or otherwise document in the system. A division supervisor shall attempt to categorize that video properly. If unable, the division supervisor shall notify the agency system administrator. i. A complete list of categories and retention times is located on the CMPD Portal Page. Below are a few examples of retention categories and when officers should utilize each category: (1) Non-Citizen Involvement: Recordings that do not contain interaction with a citizen or suspect. (2) Traffic Stop Warning: Verbal or written warning, with no citation or arrest, regardless of the reason for the stop. (3) Traffic Stop Misdemeanor or Traffic Stop Felony: The outcome of the traffic stop is a misdemeanor or felony investigation or charge. (4) Non-Criminal Offenses: Interaction with a citizen that is not related to a criminal charge or investigation. (5) IACMS: An incident associated with an internal investigation and is accompanied by other appropriate categories based on the outcome of the incident. (6) Criminal Investigation/Non-Felony: The outcome of the incident results in a criminal investigation or charge that is not related to a traffic stop or felony. (7) Criminal Investigation/Felony: The outcome of the incident is a felony criminal investigation or charge that is not related to a traffic stop. (8) Test: Test recordings only. (9) Accidental: Recordings that are accidentally started only. (10) SWAT Use Only: Used only by SWAT officers in conjunction with a SWAT operation and will be accompanied by other appropriate categories based on the outcome of the incident. (11) VCAT Use Only: Used only by VCAT detectives in conjunction with a VCAT operation and will be accompanied by other appropriate categories based on the outcome of the incident. Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 12 of 24 (12) TASER Use (De-scalation/Deployment): Incidents associated with the utilization of a CEW to de-escalate a situation (i.e., turning the TASER on or using the warning arc), deploy probes at a person or animal, or use of a drive stun. This category will accompany other appropriate categories based on the outcome of the incident. (13) Weapon Drawn or Pointing of Firearm: An officer removes their service weapon from the holster and/or points it at a person, deploys their department-issued shotgun, rifle, or approved backup weapon, or activates any weapon-mounted light. This category will accompany other appropriate categories based on the outcome of the incident and must include the justification or factors leading to drawing and/or pointing their weapon at a person documented in the text box. 7. BWC Operation in Sensitive Areas a. Unless present in an official capacity, the BWC shall not be used in restrooms, locker rooms, or other places where there is an expectation of privacy. b. Prior to conducting a strip search, the officer shall record a 360-degree recording of the location where the search will be conducted. In addition, before any part of the actual strip search begins, the officer shall verbally record the reason the BWC is being powered off and shall properly power off the BWC. As soon as the search is complete, the BWC shall immediately be powered back on and reactivated to record the rest of the interaction. c. To aid in the protection of the right to privacy, officers shall not record while: (1) In a patient care area of a health care facility, unless the patient becomes physically and/or verbally adversarial with the officer or others. (2) In a patient care area of a health care facility for the purposes of an evidentiary blood draw unless the suspect becomes physically and/or verbally adversarial with the officer or others. (3) Conducting tactical planning. (4) In the presence of or development of a confidential informant. (5) In the Mecklenburg County Intake Center. Note: BWCs should be activated when the officer completes an arrestee’s final search inside intake and turned off once the search is complete. If an arrestee is uncooperative or combative, the officer should continue to record until the arrestee is secured and no longer in the officer’s custody.  Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 13 of 24 (6) In the magistrate’s office or any state or federal court. (7) Having discussions with attorneys, peer support counselors, doctors, etc. (8) Involved in a department, supervisory, or public meeting or hearing. (9) In a classroom and/or testing environment. (10) Speaking to any person or having a conversation that is not involved in a call for service or event as outlined in this directive. (11) In the Internal Affairs Division or Human Resources Division in any capacity (unless in an emergency response situation). 8. Civil Emergency Unit (CEU) BWC Recordings a. Officers assigned to public order bikes, dual sports, and CEU personnel will wear and operate BWCs. b. BWCs will be powered on and activated when actively engaged with the public in an operational capacity or at the discretion of the incident commander or designee. G. Administrator Responsibilities 1. Agency Policy and Compliance Administrator The agency policy and compliance administrator shall be an executive or command staff member responsible for developing policy and conducting BWC audits to ensure accountability and compliance with the BWC directive. The agency policy and compliance administrator shall oversee the audit process and ensure compliance with this directive, including: a. Division-Level Random Audit (1) On a monthly basis, generate a random list of BWC recordings for supervisors to audit. The random list consists of a minimum of one (1) recording from each officer who has generated recordings during the previous month. (2) These audits do not preclude a supervisor from reviewing recordings during the course of their regular duties as needed. (3) Upon completing the division-level review, the supervisor shall document and submit their findings to the agency policy and compliance administrator via the BWC audit database.  Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 14 of 24 b. Second-Tier Random Audit On a monthly basis, generate a random list of BWC recordings from which employees in the Professional Accountability Bureau use for audits. These audits will focus on a random selection of: (1) Recordings associated with felony cases accepted for prosecution. (2) Recordings associated with discretionary arrests. (3) Recordings associated with consent searches during traffic stops or citizen contacts. c. Officer Involved Shootings (OIS) or other Significant Events A representative from the Professional Accountability Bureau will be responsible for responding to all OIS incidents or other significant officer- involved incidents. The representative from the Professional Accountability Bureau will ensure that all BWC footage related to the incident is downloaded as soon as possible and prepared for review by the Internal Affairs Bureau and the Chief of Police or designee. 2. Agency System Administrator The CMPD Computer Technology Solutions (CTS) employee is responsible for the following: a. Maintaining an accurate list of all users in the BWC and digital storage management system. b. Assigning permissions and roles to users in the BWC system based on transfers or promotions. c. Overall maintenance of the BWC system. d. Responding to requests from division administrators. e. Redacting or deleting any recording in consultation with the agency policy and compliance administrator. 3. Division Administrator The division administrative sergeant or division captain’s designee will coordinate the BWC program within the division and is the first point of contact to address questions or issues. V. AXON APPLICATIONS A. Axon Capture The Axon Capture application allows officers with an Evidence.com profile to upload digital evidence (i.e., photos, videos, and audio) directly to Evidence.com.  Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 15 of 24 1. Officers shall only utilize the Axon Capture application when using a CMPD-issued smartphone. The use of a non-CMPD-issued smartphone during an investigation is prohibited. 2. Officers can upload digital evidence directly to Evidence.com in the Axon Capture application by completing the following steps: a. Input the following information: (1) ID (2) Title (3) Retention category b. Take a photo or audio/video recording through the Axon Capture application and select evidence from the gallery within the application. c. Upload evidence 3. Once evidence is uploaded, no files are permitted to be deleted from Evidence.com except by authorized personnel within the Professional Accountability Bureau in accordance with scheduled retention periods. B. Axon Community Request Axon Community Request allows officers to submit individual requests for digital evidence to victims and/or witnesses and portal requests that allow CMPD to collect evidence from members of the public during large-scale criminal investigations, civil unrest, and major incidents. 1. Individual Request a. Individual requests can be made through the Axon Capture application or Evidence.com. This request will send a link to the individual who can upload digital evidence directly to Evidence.com without confiscating their phone. b. The following fields are required to be completed to send an individual request: (1) ID (2) Retention category (3) Description (4) Phone number or email address (5) The first name, last name, and date of birth of the person receiving the request.  Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 16 of 24 2. Portal Request a. Portal requests can only be made through evidence.com and should only be completed by the officer assigned to the investigation. b. The officer assigned to the investigation shall notify the Public Affairs Division prior to creating a portal request. After the portal request is created, the link provided in Evidence.com shall be forwarded to the Public Affairs Division, which is responsible for distributing the link. b. The following fields are required to be completed to initiate a portal request: (1) ID (2) Retention category (3) Incident start date and time (4) Title (5) Description (6) Incident location (7) Assigned officer’s name 3. Community requests are designed to be viewed by an individual or community members. Any descriptions provided in the request should be written clearly, free of abbreviations and/or police jargon. 4. Officers must document in KBCOPS when an invite is sent and/or anytime evidence is received. Officers can view community requests they have sent and evidence submissions through the Evidence.com portal. C. Axon Respond The Axon Respond application allows officers with Evidence.com access to view the location on a map of global positioning system (GPS) data for CMPD-issued BWCs that are assigned to CMPD employees. GPS data is embedded in Evidence.com. 1. GPS tracking and monitoring will only be used for official law enforcement purposes such as, but not limited to, officer safety, perimeter/scene coordination, K9 tracks, woodland searches, critical incidents, and CEU deployments. 2. GPS tracking and monitoring will only be used for personnel management of employees who are actively on duty. 3. GPS data is automatically updated in Evidence.com. The following status of a BWC will be provided:  Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 17 of 24 a. Gray: The BWC is turned off. GPS data will provide the last ping of the BWC prior to the BWC being turned off. b. Red: The BWC is activated and recording. GPS data will be updated every ten (10) seconds. c. Green: The BWC is on but not activated or recording. GPS data will be updated every fifteen (15) minutes. 4. Communications Division shift supervisors will have access to view GPS data for CMPD-issued BWCs and may only use the GPS tracking and monitoring features for official law enforcement purposes (i.e., assist division/unit supervisors in officer safety, perimeter/scene coordination, K9 tracks, woodland searches, critical incidents, and CEU deployments). 5. Livestreaming can only occur once a BWC user initiates a recording. A user’s BWC cannot livestream in buffering mode or when powered off. The livestream function cannot power on or power off a device. Livestreaming is visible on the BWC display and operation LED. A camera graphic and “LIVE” appear on the display screen, and the purple indicator light flashes on the operation LED. 6. A user’s recording can only be livestreamed at the direction of the Chief of Police or designee. Permission settings granting authorized agency users livestream capabilities will be granted at the direction of the Chief of Police or designee by the agency policy and compliance administrator. VI. RECORDING CONTROL AND MANAGEMENT A. Video and audio recordings are the property of CMPD and will not be duplicated except as described in Section VI.H. B. BWC recordings are incapable of being altered or deleted by users. Each recording has an audit trail that tracks the date and time of each person accessing the recording. C. All employees are prohibited from using any device or software program to copy, photograph, or record the playback of the recording by a BWC unless authorized by this directive. D. Each recording has a chain of custody audit trail documenting all events associated with the file. E. The BWC system automatically deletes recordings from the server when the retention period for the categorized recording has elapsed. The retention period is set by the system according to specific categories assigned to the recording by the officer or authorized user. F. Digital files associated with an investigation shall be disposed of or deleted in accordance with current CMPD policy and state and federal laws. G. BWC recordings will remain assigned to an employee regardless of employment status. The agency system administrator will designate employees who have departed CMPD as  Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 18 of 24 inactive in the system. All recordings will adhere to the assigned retention period. No employee will reassign another employee’s BWC recordings without approval from the Chief of Police or designee. H. Recordings shall be released for court and law enforcement purposes only. Release for court purposes shall only be conducted by the following units and under the direction of a supervisor assigned to that unit. 1. Court Liaison Unit District Court: Duplicates will only be created by the Court Liaison Unit. Officers and detectives must make the request at least forty-eight (48) hours before the court date and provide the correct category and complaint number. The Court Liaison Unit is responsible for ensuring the recording is duplicated and delivered to the District Attorney’s Office or courtroom. Duplicate recordings shall not be given to a defense attorney or other entities. 2. DA-Superior Court Services Unit DA Papering: Duplicates shall only be created by the DA-Superior Court Services Unit. When a case is accepted for prosecution, the papering ADA will notify the DA-Superior Court Services Unit, which is responsible for ensuring a duplicate recording is delivered to the requesting ADA. The recordings will then be accessible for superior and federal court cases. 3. Homicide Unit a. A Homicide Unit sergeant must authorize duplication of any recording a homicide detective needs for an investigative purpose. b. Detectives shall ensure all recordings in the BWC system relevant to their case are properly categorized. 4. In-Service Training Unit The In-Service Training Unit sergeant may authorize the duplication of a BWC recording for use in training in compliance with Section VI, I.2. 5. Agency Policy and Compliance Administrator and Agency System Administrator a. The employees in these positions shall have the authority to release copies as directed by the court order signed by a superior court judge. b. The employees in these positions shall have the authority to create redacted court-related copies as directed by the court order signed by a superior court judge.  Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 19 of 24 I. Access to Review Video and Audio Recordings 1. Authorized users and access levels are defined as follows: a. Executive staff, command staff, Internal Affairs Division, police attorneys, and designated employees: Access to all BWC recordings. Can categorize recordings for extended retention. b. Sergeants: Access to officer BWC recordings within their division. Each can categorize recordings for extended retention. c. All officers, regardless of rank: Access to their own BWC recordings and can categorize for extended retention. d. Officers may review their own BWC recordings to aid in completing incident reports, preparing for court testimony, or completing statements for internal investigations except as outlined in e. below. e. Officers may review their own BWC recordings in officer-involved critical incidents only after consultation with the primary investigating agency and/or the Internal Affairs Division command staff for direction. f. Defendants in pending criminal cases may view BWC recordings in accordance with North Carolina discovery laws as permitted by the District Attorney’s Office. g. The Professional Accountability Bureau and the agency system administrator will have access to all BWC recordings and can restrict or limit access to authorized users. The agency system administrator will have access to manage, redact (as ordered by the court), and set permissions on the entire system. 2. Recordings that do not involve an active internal or criminal investigation, an active criminal prosecution, or classified as criminal intelligence that have a training benefit shall be forwarded to the agency policy and compliance administrator for review. These recommendations shall be forwarded to the Training Division captain for further consideration. a. Recordings associated with a closed internal investigation may be used for internal training purposes only. b. The use of any recording for training will require the authorization of all employees whose images or voices are in the recording. c. The use of any recording for training will be restricted to training conducted by CMPD employees for CMPD employees. At no time will a BWC recording be used for any non-law enforcement training or to provide training by an employer other than CMPD unless properly released to the public. Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 20 of 24 3. Disclosure of Law Enforcement Video and Audio Recordings a. Recordings are not public records as defined by N.C.G.S. §132-1. Recordings are not personnel records as defined in N.C.G.S. Chapter 126, N.C.G.S. §160A-168, or N.C.G.S. §153A-98. b. Recordings shall be disclosed only as provided by N.C.G.S. Chapter 132. c. A person who receives disclosure pursuant to this subsection shall not record or copy the recording. d. The following individuals may receive disclosure of a video and/or audio recording: (1) A person whose image or voice is in the recording. (2) A personal representative of an adult person whose image or voice is in the recording if the adult person has consented to the disclosure. (3) A personal representative of a minor or an adult person under lawful guardianship whose image or voice is in the recording. (4) A personal representative of a deceased person whose image or voice is in the recording. (5) A personal representative of an adult person who is incapacitated and unable to provide consent to the disclosure. As defined in N.C.G.S. §132-1.4A, a personal representative is a parent, court- appointed guardian, spouse, or attorney licensed to practice in North Carolina of a person whose image or voice is in the recording. If the person whose image or voice is in the recording is deceased, the term also means the personal representative of the estate of the deceased person; the deceased person’s surviving spouse, parent, adult child; the deceased person’s attorney licensed in North Carolina; or the parent or guardian of a surviving minor child of the deceased. e. A person requesting disclosure of a recording must complete a Video Disclosure Request Form located on the CMPD website and forward the request and any supporting materials to the address contained within the form. f. The agency policy and compliance administrator or designee shall review all disclosure request forms to determine if the disclosure is permitted and reply to the requestor in writing. g. Disclosure may be denied if: (1) The person requesting disclosure of the recording is not a person authorized to receive disclosure. Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 21 of 24 (2) The recording contains information otherwise confidential or exempt from disclosure or release under state or federal law. (3) Disclosure would reveal information regarding a person that is of a highly sensitive personal nature. (4) Disclosure may harm the reputation or jeopardize the safety of a person. (5) Disclosure would create a serious threat to the fair, impartial, and orderly administration of justice. (6) Confidentiality is necessary to protect either an active or inactive internal or criminal investigation or a potential internal or criminal investigation. h. Once approved for disclosure, the agency policy and compliance administrator or designee shall immediately review the recording(s) associated with disclosure for policy violations. If violations are observed, an internal investigation documented in IACMS shall be initiated. i. The requesting party shall be contacted within five (5) days of receipt of the video disclosure request to arrange a convenient time to review the recording(s). j. Upon completing the disclosure, the agency policy and compliance administrator or designee shall document the conclusion of the action. k. Failure to complete a disclosure as outlined herein may result in disciplinary action. 4. Disclosure of Recordings Related to Death or Serious Bodily Injury a. Per N.C.G.S. §132-1.4A, recordings capturing death or serious bodily injury shall only be disclosed pursuant to a court order signed by a superior court judge. b. Serious bodily injury means bodily injury that creates a substantial risk of death or that causes serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ, or that results in prolonged hospitalization. c. Immediate Disclosure (1) An individual or personal representative seeking disclosure of a custodial law enforcement agency recording related to a death or serious bodily injury must submit to the Chief of Police a Notarized Disclosure Form provided by CMPD and developed by the Administrative Office of the Courts. Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 22 of 24 (2). No later than three (3) business days from receipt of the Notarized Disclosure Form, CMPD shall file a petition in superior court for issuance of a court order regarding the disclosure and will include a copy of the recording to the resident superior court judge which shall remain confidential. The court shall conduct an in-camera review. (3) Within seven (7) days, the court will issue an order stating one of the following: (a) Immediate disclosure to the requestor without editing or redacting. (b) Immediate disclosure to the requestor with editing or redaction. (c) Disclosure to the requestor at a later date with or without editing or redaction. (d) Disclosure is denied. d. Criminal Charges Per N.C.G.S. §132-1.4A: (1) Any person who willfully records, copies, or attempts to do so during a disclosure is guilty of a Class 1 misdemeanor. (2) Any person who knowingly disseminates a recording or copy of a disclosed recording is guilty of Class I felony. 5. Disclosure to Superior Court a. Upon receiving a petition to either disclose or release BWC in the custody of CMPD, the agency policy and compliance administrator will identify and review all BWC recordings leading up to, during, and after the incident. b. Under no circumstance will CMPD alter or edit a recording’s content or length unless ordered to do so by a superior court judge. c. The agency policy and compliance administrator, the Chief of Police or designee, and the police attorney assigned to the case shall review the packet prepared by the agency policy and compliance administrator to ensure it is complete and unedited. d. All BWC recordings identified by the agency policy and compliance administrator shall be hand-delivered to the superior court unedited. (The court will determine if the footage is relevant to the petitioner’s request). 6. Release of Law Enforcement Audio and Video Recordings a. CMPD will disclose or release a recording to a district attorney without a court order for the following purposes: Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 23 of 24 (1) The district attorney’s review of potential criminal charges. (2) Compliance with discovery requirements in a criminal prosecution. (3) Use in a criminal proceeding. (4) Any other law enforcement purpose. b. The Chief of Police or designee may release or disclose a recording without a court order for the following purposes: (1) Law enforcement training purposes. (2) Administrative, training, or law enforcement purposes within CMPD. (3) Law enforcement purposes to another law enforcement agency. c. Officers may internally release a recording or still-frame photo(s) from a recording at the departmental level without a court order for the following internal law enforcement purposes: (1) Identifying an unknown subject. (2) Seeking assistance in locating a subject. Prior to the internal release of a recording or still photos, the officer must get approval from their supervisor or chain of command if their supervisor is unavailable. The release must include a note emphasizing that the release is for “INTERNAL USE ONLY-NOT FOR MEDIA RELEASE.” d. In compliance with N.C.G.S. §132-1.4A, the Police Attorney’s Office, upon request of the Chief of Police, shall petition the court for an order to release BWC recordings to the public in all significant officer-involved incidents where a citizen is seriously injured or killed. (1) The Police Attorney’s Office will notify the Public Affairs Division and the city attorney of the Chief of Police’s desire to seek release. (2) Within seven (7) days, the Chief of Police will evaluate the investigation status to determine the earliest possible date the recording could be released. However, the petition to release a recording will occur no later than the receipt of the prosecution decision letter from the district attorney. e. Employees whose image or voice is captured in a recording (and can be easily identified) shall be notified by the Police Attorney’s Office or the agency policy and compliance administrator of the department’s desire to have a recording released. f. Employees whose image or voice is captured in a recording will have an opportunity to appear in the superior court hearing associated with the  Charlotte-Mecklenburg Police Department 400-006 Interactive Directives Guide Body Worn Camera (BWC) Effective Date: 6/6/2024 24 of 24 release request. The Police Attorney’s Office will notify identified and affected employees of the date and time of any hearing associated with the request. g. Release for reasons other than those outlined in Section VI, I,5a-b, require that the person seeking release petition the superior court of Mecklenburg County or the county where the recording was made. h. The Police Attorney’s Office will notify the Public Affairs Division and city attorney upon receipt of the notice to seek release. VII. REFERENCES Rules of Conduct, Rule #42 200-001 Discipline, Internal Investigations, and Employee Rights 400-002 Firearms 400-003 Equipment 600-019 Response to Resistance 600-022 Emergency Response and Pursuit Driving 800-004 Public Records Retention and Disposition Civil Emergency Unit SOP SWAT #17 Body Worn Cameras SOP Traffic Enforcement SOP VCAT Body Worn Camera SOP N.C.G.S. Chapter 126 N.C.G.S. §15A- 903 N.C.G.S. §132-1.4A N.C.G.S. §153A-98 N.C.G.S. §160A-168(c) CALEA The previous version of Directive 400-006 Body Worn Camera (BWC) was published on 11/22/2023.