Mobile Video Recorders.pdf

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 41.01 MOBILE VIDEO RECORDERS Revised: August 30, 2017 I. PURPOSE: The purpose of this standard operating procedure is to provide guidelines for the use and management of mobile video recorders for the Boca Raton Police Services De...

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 41.01 MOBILE VIDEO RECORDERS Revised: August 30, 2017 I. PURPOSE: The purpose of this standard operating procedure is to provide guidelines for the use and management of mobile video recorders for the Boca Raton Police Services Department. The Department uses mobile video and audio recording to enhance officer and public safety, to aid in the prosecution of criminal and traffic offenses, to promote beneficial relations with the public, and to improve the overall performance of the Department. The Department recognizes that video images cannot always depict an entire scene or incident in the way that it may have been perceived or experienced by any individual person or employee present. Cameras may capture something that the employee did not see, and conversely, there may be a viewpoint that the employee saw that was not captured by the camera. Also, video cannot capture physiological or psychological phenomena, such as tunnel vision or auditory exclusion that a person or employee may experience during a high stress situation. A video recording is only one piece of evidence and is not a substitute for a complete investigation of any incident. This standard operating procedure applies to all Boca Raton Police Services Department employees. II. DEFINITIONS: Evidentiary Value: A recording of an incident or encounter has evidentiary value if it could be considered useful for investigative or prosecutorial purposes, including, but not limited to, a crime, arrest or citation, a search, a use of force incident, a subject’s resistance, or a confrontational encounter with a member of the public. Mobile Video Recorder (MVR): Any audio/video recording equipment that records audio and video data. This includes recording devices located in vehicles (“in-car devices”), mobile devices worn by Police Services Department employees (“body worn devices”), and other mobile recording devices. Handheld camcorders or audio/video surveillance devices do not qualify as mobile video recorders under this policy. MVR Operator: A Department employee who has received instruction in the operation and use of the specific mobile video recording devices and who is authorized by the Department to use MVR equipment. Effective: August 1, 2008 Revised: August 30, 2017 Mobile Video Recorders SOP No. 41.01 Page 1 of 7 III. MVR OPERATION: A. Employees issued MVRs shall operate the systems as part of their equipment in accordance with all applicable policies and procedures unless instructed otherwise by a supervisor. B. Employees issued body worn devices shall wear the systems with the Class B, bicycle and community service officer uniforms. Body worn devices shall also be worn when an employee dons an external vest to take police action, whether in uniform or not. C. Employees shall activate mobile video recorder (MVR) systems to record all traffic stops, vehicle pursuits, emergency responses, all situations when lights and/or sirens are activated, and all contacts with citizens in the performance of official duties. 32.02 D. The MVR equipment shall only be used in conjunction with the performance of official duties and will not be used in a manner that would bring discredit to the employee, the Department, or the City of Boca Raton. E. Employees shall only use MVR equipment issued by the Department. The MVR equipment and all data, images, audio, video and metadata captured, recorded or otherwise produced by the equipment is the property of the Department. F. Employees shall not edit, alter, erase, duplicate, copy, share or otherwise distribute in any manner MVR recordings without prior written authorization from the chief of police or his/her designee or as authorized in other sections of this policy. G. Employees assigned MVR equipment shall complete a training session prior to issuance to ensure proper utilization and operation. Additional training may be provided to accommodate equipment enhancements or revisions in applicable statutes or procedures. 32.02 H. Employees are not required to obtain consent to record individuals, however, employees should try to inform individuals that they are being recorded when a device is activated, unless the situation is such that the employee deems it impossible or too dangerous to take the time to provide this information. I. Employees may use their discretion to deactivate MVR recordings upon requests by victims or witnesses, provided the requests do not result in the loss of important documentary information and the deactivations are documented in police reports or computer aided dispatch (CAD) notes for the incidents. 32.02 J. Employees will try to advise other Department employees and criminal justice personnel (outside agency officers/deputies, prosecutors, Medical Examiner, etc.) when recording, unless the situation is such that the employee deems it impossible or too dangerous to take the time to provide this information. K. Employees responsible for operating MVR equipment shall inspect the equipment prior to each tour of duty, to ensure the equipment is operating correctly and also shall monitor its performance throughout their shift. Any malfunctions or damage shall be reported immediately Effective: August 1, 2008 Revised: August 30, 2017 Mobile Video Recorders SOP No. 41.01 Page 2 of 7 to a supervisor and by e-mailing [email protected], providing the car number (if applicable) and a description of the issue. L. Employees shall not attempt to repair, unplug, relocate, remove, or hinder the operation of the MVR equipment and shall not permit non-Department employees to utilize the MVR equipment. M. Supervisors shall review one recording of each employee assigned to him/her at least once a month. Supervisors shall review the recording quality (video and audio), the video classifications and any other matters of concern. The review shall be documented monthly on each employee’s assigned vehicle inspection form. 32.02 N. Employees shall make sure their body worn device is fully charged before their shift begins and ensure that their body worn device is kept sufficiently charged throughout their tour of duty. If necessary, body worn devices can be connected to the in-car computer utilizing a USB cable, which will facilitate charging of the unit. O. Back-up LEOs will also activate their MVRs to record events. 32.02 P. At no time should employees disregard their safety and the safety of others for the purpose of being in a position for recording. Q. Employees shall document why a recording was not made, was interrupted, or was prematurely terminated during a contact in situations when the MVR is to be used pursuant to this policy. The documentation shall be included either in a police report or computer aided dispatch (CAD) notes for the incident. 32.02 R. The in-car device continuously captures a "pre-event" of 30 seconds prior to activation of the camera. If an employee witnesses an event, such as a crash, he/she should manually activate the in-car device in order to record the 30 seconds of “pre-event”. S. MVR devices shall not generally be used to record: 1. Communications with or between other Department personnel, unless specifically authorized by the chief of police or his/her designee. 2. Encounters with undercover LEOs or confidential informants. 3. In any location where individuals have a reasonable expectation of privacy, such as a restroom or locker room, unless the employee is in such location while responding to a call for service, investigating an incident/crime, taking an individual into custody, in pursuit, or performing a search. 4. Employee breaks. 5. Any court-related matters, including, but not limited to, depositions, conferences with prosecutors, and courtroom activities. Effective: August 1, 2008 Revised: August 30, 2017 Mobile Video Recorders SOP No. 41.01 Page 3 of 7 T. In contacts that result in arrest, the in-car device shall stay activated until the officer arrives at his/her destination and has removed the suspect from the vehicle. 32.02 U. Once a device is activated, it should not be turned off until the conclusion of the event for which it was activated. However, employees may stop the recording during non-enforcement activities, such as waiting for the medical examiner to arrive during a death investigation, while directing traffic with emergency lights activated or at a traffic crash scene where the scene has been secured and/or stabilized to the point where direct citizen contact is unlikely. 32.02 V. If approved by a supervisor, MVRs or MVR recordings may be used for training purposes. W. If an employee is suspected of wrongdoing, involved in a serious use of force or otherwise involved in a critical incident (events resulting in serious bodily injury or death), the Department reserves the right to restrict an employee from viewing the MVR recording of the incident. 32.02 X. Any remote viewing of live or real-time video from a body worn device will be restricted to serious in-progress events and/or immediate concerns about employee safety. 32.02 Y. Citizens shall not be allowed to review MVR recordings at the scene of an incident. Z. Employees shall not post MVR recordings on the Internet or to any social media site, unless they have received prior written approval from the chief of police or his/her designee. IV. SECURITY/TRANSFER OF RECORDED VIDEO FILES: A. Every employee with access to the MVR server will have their own unique username and password and shall only use that username and password to access the MVR server. B. Employees shall assure that their MVR data is uploaded to the MVR system at least once every shift if there were any incidents recorded by an MVR. C. If there is a recorded incident(s) that has evidentiary value, the employee shall transfer the recording to the MVR server as soon as possible after the incident is completed, or at least by the end of the employee's shift. D. Due to the need for file security, MVR data files shall not be manually deleted from an MVR once they have been recorded. Creating new file storage space for additional recordings shall occur by performing a successful upload of prior recorded files. E. Anytime there is a failure or interruption during file transfer or uploading, the MVR system will not delete any files on the MVR and the employee shall complete the file upload when conditions allow. Effective: August 1, 2008 Revised: August 30, 2017 Mobile Video Recorders SOP No. 41.01 Page 4 of 7 V. REVIEW & RETENTION OF RECORDED VIDEO FILES: 32.02 A. All recordings deemed to have evidentiary or administrative value shall be classified as “Evidence”. In saving the recording, the employee shall also select the appropriate incident type and enter the case number to the MVR network storage system. B. Any other recording may be classified as “Evidence” and classified and/or notes added to the classification fields at the employee’s discretion if he or she feels the recording may be important to the agency. C. Recorded files with no evidentiary value or administrative value will remain in the secure MVR network storage for a period of 95 days. MVR files that have been held for 95 days and have not been identified as having evidentiary value or administrative value shall be deleted from MVR network storage. D. Once the MVR has uploaded data file(s) to the MVR network server, employees will be able to review their recordings. Employees are required to review their recorded files and mark all files that have evidentiary value or administrative value to prevent them from being deleted from MVR storage. E. In accordance with FSS 943.1718, law enforcement officers may review the recorded footage from a mobile video recorder upon his or her own initiative or request, before writing a report or providing a statement regarding any event arising within the scope of his or her official duties. Any such provision may not apply to an LEO’s inherent duty to immediately disclose information necessary to secure an active crime scene or to identify suspects or witnesses. F. Employees who use a vehicle other than their own assigned vehicle (e.g. aggressive driving cars, pool vehicles, etc.) must notify their supervisor if there was a recording of evidentiary or administrative value recorded on the vehicle’s in-car device while they were using the vehicle. The supervisor will log into the system with the employee present and mark the files that shall be saved. G. The MVR system administrator is responsible for ensuring the files are maintained in storage for the minimum time required and for deleting files of no evidentiary value or administrative value after the 95 days has passed. H. Employees are encouraged to inform their supervisors of any recorded incidents that may be of value for training purposes. VI. MVR RECORDING RELEASE AND DISSEMINATION: A. Release of MVR recordings shall be pursuant to Public Records Law (Chapter 119) and applicable state or federal statutes. All exemptions to the release of public records contained in Florida law, including FSS Chapter 119, apply to MVR recordings. Effective: August 1, 2008 Revised: August 30, 2017 Mobile Video Recorders SOP No. 41.01 Page 5 of 7 B. Release of MVR recordings may also be in response to a subpoena or discovery request. C. Release of all MVR recordings pursuant to a public records request, subpoena or discovery request shall only be performed by authorized employees and not by any other employees, including the employee who recorded the MVR data. D. All MVR recordings are the property of the City of Boca Raton and shall only be used for official Department business. If an employee receives a public records request for a MVR recording, the employee shall forward the request to the Records Section for response. E. Pursuant to FSS 119.071(l), MVR recordings are subject to the following rules relating to release: 1. it: A body worn device MVR recording is confidential and exempt from disclosure if a. Is taken within the interior of a private residence; b. Is taken within the interior of a facility that offers health care, mental health care, or social services; or c. 2. Is taken in a place that a reasonable person would expect to be private. Body worn device MVR recordings may be disclosed by the Department a. In furtherance of official duties and responsibilities, or b. To another governmental agency in furtherance of departmental official duties and responsibilities. F. Notwithstanding subparagraph E. of this Section VII, a body worn device MVR recording may be released: 1. Pursuant to an order of a court of competent jurisdiction. 2. To a person recorded by a MVR. However, only those portions of the MVR recording that are relevant to the person's presence in the recording will be released. 3. To the personal representative of a person recorded by a MVR. However, only those portions of the MVR recording that are relevant to the represented person’s presence in the recording will be released. 4. To a person not depicted in a MVR recording if the recording depicts a place in which the person lawfully resided, dwelled, or lodged at the time of the recording. However, only those portions that record the interior of such a place will be released. G. When an employee is notified that a MVR recording is sought for court, investigative or training purposes, the employee will submit a Request for Evidence Form to the evidence custodian to obtain a copy the MVR recording from the server to a DVD. Effective: August 1, 2008 Revised: August 30, 2017 Mobile Video Recorders SOP No. 41.01 Page 6 of 7 1. The evidence custodian will make a "Working Copy" DVD of the recording for the requesting employee. 2. The "Working Copy" DVDs will be treated as evidence and are subject to all policies and procedures of the Department related to evidence. VII. SYSTEM ADMINISTRATOR RESPONSIBILITIES: A. The system administrator shall perform random checks of the MVR system to ensure MVR data has been properly transferred to the server and includes the correct date and time stamps. B. The system administrator shall ensure that the system is deleting files not identified as being needed for court or administrative purposes after their expiration period. The system administrator shall inspect the adherence to procedures used for the control of MVR files stored on the MVR system. Recommendations for policy changes and training will be made if any deficiencies are found. Approved: Daniel C. Alexander Chief of Police Effective: August 1, 2008 Revised: August 30, 2017 Date: Mobile Video Recorders SOP No. 41.01 Page 7 of 7