GO 4-8.0 Body-Worn Video Cameras .pdf

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 07-12-2021 APPROVAL: NUMBER: Dale Coleman Chief of Police GO 4-8.0 REFERENCE: CFA Chapter 32 SUBJECT: Body-Worn Video Cameras AMENDS: None RESCINDS: None I. II. III. IV. V. VI. VII. VIII. IX. PURPOSE POLICY DEFINITIONS DISCUSSION OPERATION OF BO...

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 07-12-2021 APPROVAL: NUMBER: Dale Coleman Chief of Police GO 4-8.0 REFERENCE: CFA Chapter 32 SUBJECT: Body-Worn Video Cameras AMENDS: None RESCINDS: None I. II. III. IV. V. VI. VII. VIII. IX. PURPOSE POLICY DEFINITIONS DISCUSSION OPERATION OF BODY-WORN CAMERAS REVIEW OF RECORDINGS PROCESSING OF BODY-WORN CAMERA DATA PROHIBITIONS RETENTION OF DATA I. PURPOSE The purpose of this order is to provide department personnel who are equipped with body-worn cameras, guidelines for the use, management, storage, and retrieval of audio-visual media recorded by body-worn camera systems. II. POLICY It is the policy of the Oviedo Police Department to mandate the utilization of bodyworn cameras by sworn members during their official duties as prescribed in this general order. Oviedo Police Department GO 4-8.0 Body-Worn Video Cameras III. IV. Page 2 of 7 DEFINITIONS A. Body-Worn Cameras: A department-issued portable electronic recording device that is worn on a member’s uniform or clothing, that records audio and/or video data, while the member is performing his or her official duties. B. Data: Audio, video, and metadata captured on or by the body-worn camera. C. Evidentiary Data: Footage of an incident or encounter that could prove useful for investigative purposes, such as a crime, an arrest or citation, a search, a use of force incident, or a confrontational encounter with a member of the public. Evidentiary footage is usually further categorized by specific incident type, and the retention period is governed by evidentiary rules and applicable law. D. Non-Evidentiary Data: Footage that does not necessarily have value to aid in an investigation or prosecution, such as footage of an incident or encounter that does not lead to an arrest or citation, or footage of general activities that a member might encounter or perform while on duty, such as assisting a motorist or clearing a roadway. DISCUSSION A. The department recognizes that video images cannot always show the full story, nor do video images necessarily capture an entire incident or scene. The use of body-worn cameras does not reduce the requirement to ensure thorough written documentation of an event. Individuals reviewing recordings shall be cautious about reaching conclusions based on less than the totality of all evidence, a portion of which being what the recordings show. B. All body-worn camera equipment and related data are the property of the Oviedo Police Department. C. Use of body-worn cameras for any purpose, other than in accordance with this directive is prohibited. GO 4-8.0 Body-Worn Video Cameras Oviedo Police Department GO 4-8.0 Body-Worn Video Cameras V. Page 3 of 7 OPERATION OF BODY-WORN CAMERAS A. Department members shall receive training on the proper operation and care of body-worn cameras and applicable department written directives prior to being issued and utilizing a body-worn camera. B. Body-worn cameras shall be utilized with reasonable care to ensure proper functioning. Members shall inspect and test body-worn cameras prior to each tour of duty to verify proper functioning. Any equipment malfunctions shall be brought to the attention of the member’s supervisor as soon as practical. C. In the event a body-worn camera is lost or damaged, the member shall immediately notify their supervisor. The appropriate documentation shall be completed and submitted via the member’s chain of command. D. Members shall wear body-worn cameras in the upper chest area and in a position to facilitate an effective recording. E. Any on-duty member responsible for responding to calls and law enforcement related encounters is to utilize a body-worn camera. In the event the member is providing temporary road coverage, that member is to utilize a spare body-worn camera (when available) if they have not been issued one. Each use of a body-worn camera shall be documented in associated reports. F. Members shall make every effort to activate their body-worn camera as soon as practical when en-route to or involved in an official law enforcement matter, unless there are exigent circumstances affecting officer safety. G. All members shall ensure the video and audio recording functions remain on at all times during the following circumstances involving citizen interactions: 1. 2. 3. 4. 5. 6. 7. 8. Emergency response calls; Traffic stops; Traffic crash investigations; Impaired driver investigations; Vehicle/Foot pursuits; All searches (person, vehicle, structure, etc.); Arrests; Investigative stops/field interviews; GO 4-8.0 Body-Worn Video Cameras Oviedo Police Department GO 4-8.0 Body-Worn Video Cameras 9. 10. Page 4 of 7 Any citizen contact that becomes or can reasonably be anticipated to become, adversarial, confrontational, volatile, or one which the officer reasonably believes may result in a complaint; and/or Any other law enforcement contacts where the officer believes it is in the best interest of the department and/or the community. H. Members working city overtime or off-duty/extra-duty employment must plan ahead to have their body-worn camera ready and available for their job, as no overtime compensation (pay or time) will be allowed to retrieve, charge, or download a camera. I. Court and administrative hearings are exempt from the requirement of camera activation. J. Members shall utilize their body-worn cameras: 1. To record spontaneous statements made by subjects, victims, and witnesses; 2. To record the advising of Miranda Warnings; and 3. Any time a member believes that a recording made with a bodyworn camera would be useful for prosecution, completion of a report, etc., unless otherwise prohibited or discouraged. K. The body-worn camera shall remain in recording mode once activated until the conclusion of an encounter or incident or until the member has left the scene, unless otherwise exempted. L. When a member believes cooperation and/or information may be gained by not recording an individual, the member shall have discretion to mute the audio on the body-worn camera. However, as soon as practical, the member shall resume recording with audio on. M. Members have discretion to mute the audio on the body-worn camera to discuss operational procedures, tactical decisions, or legal discussions. Members shall begin recording again once the discussion is complete and prior to any law enforcement action being taken. N. Prohibited uses include the following: 1. Recording communications with or between other department personnel, unless specifically authorized by the Chief of Police or his designee. GO 4-8.0 Body-Worn Video Cameras Oviedo Police Department GO 4-8.0 Body-Worn Video Cameras Page 5 of 7 2. Encounters with undercover LEOs or confidential informants unless specifically authorized by the Criminal Investigations Lieutenant or designee. 3. In any location where individuals have a reasonable expectation of privacy, such as a restroom or locker room, unless the member is in such a location while responding to a call for service, investigating an incident/crime, taking an individual into custody, in pursuit, or performing a search. 4. Department members on break. O. Members shall NOT utilize a body-worn camera assigned to another member unless approved by a supervisor. P. School Resource Officer (SRO) Operation of Body-Worn Cameras: 1. SROs shall activate their body-worn camera when responding to and during calls and law enforcement encounters and as stated below: a. In the performance of any non-routine SRO duties, such as any encounters with students, faculty, or parents that become adversarial after the initial contact, or any other non-routine encounter with citizens. b. During any other legitimate law enforcement contact at the discretion of the member when the recording of the contact would further the mission of the department. c. In any instances where a member believes that a recording made with their body-worn camera would be beneficial for prosecution, completion of a report, etc. unless otherwise prohibited or discouraged. 2. SROs are NOT required to activate their body-worn camera while in the performance of routine SRO duties, such as routine interactions with students, faculty, and parents; and classroom teaching/instruction, etc. 3. SROs may, on occasion, have a student request to speak to them privately. On those occasions, the SRO may mute the audio on their body-worn camera if the SRO deems it appropriate and safe to do so. SROs shall consider various factors prior to deciding to mute their body-worn camera. These factors include but are not limited to, the juvenile’s age, previous contacts with the juvenile, gender of the juvenile, as well as the content of discussion. GO 4-8.0 Body-Worn Video Cameras Oviedo Police Department GO 4-8.0 Body-Worn Video Cameras VI. Page 6 of 7 REVIEW OF RECORDINGS A. Members are permitted to review body-worn camera footage of an incident in which they were involved to ensure the camera is recording and functioning properly, and upon the member’s own initiative or request before: 1. Writing a report; or 2. Providing a statement regarding an event arising within the scope of his or her official duties. However, the authorization to review body-worn camera footage does not apply to an officer’s inherent duty to immediately disclose information necessary to secure an active crime scene or to identify suspects or witnesses. VII. B. Supervisors may review body-worn camera footage of any recorded event as it relates to a crime, any complaint against a member or the department, or concerns related to member performance and/or safety issues. C. For each member assigned a body-worn camera, the supervisor shall randomly review body-worn camera recordings to monitor functionality of the camera and to verify member compliance with the program. D. Citizens shall not be allowed to review recordings at the scene of an incident. E. The department Public Information Officer (PIO) shall be responsible for coordinating the release of appropriate data to the media or upon a public records request. PROCESSING OF BODY-WORN CAMERA DATA A. Members are responsible for uploading the data from the body-worn camera at the end of their shift unless otherwise authorized by a supervisor. B. If a report is written (i.e. Offense, CJIS, CIT, etc.) the data collected shall be documented by case number within the “Title” section to retain the video in Evidence.com; this may be completed prior to or after uploading. Multiple case numbers may be listed as necessary within the “Title” section. The type of case shall be documented within the “Category” drop-down (Example: Traffic Stop, Arrest, Complaint, etc.) Videos of non-evidentiary value may be marked by entering the event number as the “Title” by the member to ensure the video is retained in Evidence.com. GO 4-8.0 Body-Worn Video Cameras Oviedo Police Department GO 4-8.0 Body-Worn Video Cameras VIII. IX. Page 7 of 7 C. All evidentiary data which is captured by a body-worn camera shall be uploaded, labeled, and stored on Evidence.com. D. The Evidence Specialist shall be responsible for handling any requests for video data from the State Attorney’s Office. E. Evidence.com maintains a chain of custody for all data stored on their server and will record the user, date, and time of anyone who accesses the data. PROHIBITIONS A. Department personnel are prohibited from accessing recorded data for personal use of any kind unless approved in advance by the Chief of Police or designee. B. Original or copied data obtained as a result of a department member’s law enforcement position, including individual image(s) captured from data files are, and remain the property of the Oviedo Police Department. C. Original or copied data obtained as a result of a department member’s law enforcement position, including individual image(s) captured from data files may only be displayed and/or released to the Office of the State Attorney, other law enforcement agencies, or pursuant to a lawful public records request. Other dissemination outside the department is strictly prohibited without the authorization of the Chief of Police or designee. RETENTION OF DATA A. Data obtained from department body-worn cameras shall be retained in accordance with department written directives and state and federal requirements. B. Data shall be stored per the Florida Retention schedule at a minimum. /s/ DHC ____________________________________ DALE COLEMAN CHIEF OF POLICE 04-01-2021 __________________ DATE GO 4-8.0 Body-Worn Video Cameras