Here are the written policies and procedures on how the Pensacola Police Department will deploy body cameras. The General Order was issued Tuesday, Feb. 3.
PURPOSE
The purpose of this policy is to establish guidelines for the use and management of body cameras.
Use of body cameras provides documentation of law enforcement interaction with the public by providing recorded evidence of actions, conditions and statements that could be used for judicial or internal review or by the public through formal requests.
The primary functions of body cameras are to accurately document statements and events during the course of an incident. The data collected may also be used to determine accuracy of a complaint.
POLICY
The Pensacola Police Department will use body worn cameras to accurately document incidents and events members encounter during police service/tour of duty.
DISCUSSION
The use of body cameras has become more widespread throughout law enforcement as a means of documenting police encounters. Footage from body cameras has been used to clear officer complaints, collect evidence during police investigations and has given the public a sense of officer accountability.
PROCEDURES:
N-10.1. DEFINITIONS
1. Body camera- A recording system worn by officers to capture audio and video evidence.
2. Event mode – In event mode, the body camera continues recording audio and video for up to 12 hours based upon the video setting and life of the battery.
3. Video System Administrator – The person appointed by the Chief of Police as being
responsible for operation of the body camera system to include video retention, retrieval and deletion. The Video System Administrator will be responsible for training officers and issuing cameras.
4. Video recording – The electronic recording of visual images with or without audio recordings.
N-10.2 OPERATIONAL PROCEDURES
1. Each member shall receive department approved training on proper operation and care of body cameras as well as the department’s usage policy prior to using a body camera.
2. Additional training may periodically be provided to ensure continued effective use of equipment and to incorporate changes, updates or other revisions in department policies or equipment.
3. Inspection and general maintenance of body cameras shall be the responsibility of members assigned that equipment.
4. Body cameras shall be operated in accordance with the manufacturer’s recommended guidelines and in compliance with department training and policies.
5. Each member shall leave their assigned body camera in the charging cradle at the end of their shift.
6. Prior to beginning their shift, each officer shall perform an inspection to ensure their assigned body camera is properly operating
7. Members shall immediately report malfunctions to their supervisor so that a replacement unit may be assigned. Supervisors are responsible for notifying the Video System Administrator of a body camera malfunction.
8. Members shall wear body cameras at a height equal to the top of their shirt pockets and in a position to produce an effective recording.
N-10.3 USES
1. Body cameras shall be utilized to gather and record the following types of eventsincluding, but not limited to:
a. Traffic stops
b. Pursuits/vehicle apprehensions
c. Vehicle searches
d. Use of force situations
e. Citizen contacts
f. Statements made by suspects
g. Statements made by victims and witnesses after notification
h. Miranda warnings
i. Interviews
j. Investigations of criminal acts
k. Foot pursuits
l. Any other law enforcement contact(s)
2. Each member assigned a camera, responding to incidents outlined above, shall have his/her body camera activated prior to exiting his/her vehicle.
3. Once a body camera is activated, it shall remain so until a call is concluded. A member may turn off the body camera when requested by a supervisor, when discussing tactical plans or information of a confidential nature.
4. Whenever possible, members shall inform victims and witnesses they are being recorded. Members should give consideration in certain instances to any request to stop recording (i.e., sexual batteries, if the victim or witness is unclothed, juvenile victims, etc.)
5. Members have no obligation to stop recording in response to a suspect’s request if the recording is pursuant to an investigation, arrest, lawful search, or the circumstances clearly dictate that continued recording is necessary.
6. Whenever a statement is obtained using a body camera, members must identify the person giving the statement. This can be recorded on the video either by the person giving the statement or by the officer.
7. All members shall have interviewee(s) swear or affirm on video that their statement is true or correct.
8. Members are not be required to get written statements in cases in which sworn statements are made on camera.
9. Members shall document the use of a body camera in arrest and offense reports, citations, field interviews, or in call comments.
10. Members should review incident recordings when preparing written reports to help ensure accuracy and consistency of incident documentation.
11. A supervisor will take possession of body cameras in incidents that require immediate retrieval of digital evidence (i.e., investigations regarding use of force, officer involved shootings, in-custody deaths, or potential violations of department policy) and upload all video recordings of the incident.
12. If a body camera is not utilized in accordance with this General Order, an officer’s supervisor will investigate the circumstance(s) and document those cases that are in violation. Members are subject to discipline for failure to use body cameras when required.
13. Members assigned a body camera shall use the camera while working extra duty jobs and operate them in accordance with this General Order.
14. Members should download video recordings to the server after each call or as soon as practical.
15. Members shall ensure that all video recordings are downloaded to the server at the end of their shift.
16. Body worn cameras will replace usage of the in-car microphone members currently wear.
N-10.4 PROHIBITED USES
1. Unless conducting official law enforcement business that requires officers to use the system, body cameras shall not:
a. Be used inside court facilities.
b. Be used to record off-duty personal activity.
c. Be intentionally activated to record conversations of fellow employees without their knowledge during routine, non-enforcement related activities.
d. Be used to intentionally or willingly record confidential informants or undercover officers.
e. Be activated in places where a reasonable expectation of privacy exists,i.e., restrooms, locker rooms, offices, or break rooms.
N-10.5 SPECIAL CONSIDERATIONS
1. Special consideration should be given when recording inside a private residence.
2. Whenever feasible, members should get consent prior to recording inside a victim’s or a witness’ home. unless the officer is responding to an in-progress emergency call i.e., burglaries in progress, domestic violence calls, assaults and/or batteries.
3. If a victim or witness declines to be recorded, the officer shall record the request on camera prior to turning it off. This applies only inside a residence.
4. All video recordings are considered property of the Pensacola Police Department; therefore, members shall not make copies of any recordings for their personal use and are prohibited from using a recording device (such as a phone camera or secondary recording device) to record media captured from the body camera.
a. Members shall not use any other electronic devices or other means in order to intentionally interfere with the capability of body cameras.
b. Members shall not post body camera footage to any social media site.
c. Members shall not allow the public to review recordings. Any requests to view camera footage must be made via a public information request in accordance with General Order K – 1 Public Records.
d. Members shall not use personally owned body cameras.
e. The Vievu body camera contains a feature that allows officers to transmit video from their vehicles to other computers containing the Vievu software program. This feature will only be used to transmit video for legitimate law enforcement purposes.
N-10.6 HOW TO DOWNLOAD DATA FROM BODY CAMERAS
1. Log into Vievu Client program on an assigned computer.
2. Attach camera unit to proprietary USB cable.
3. Click on “Download Video from Camera.â€
4. As videos complete the download process, officers shall immediately “flag†the call category (Evidence or Other) and input the CAD or offense numbers.
5. Videos will automatically upload to the server without any further action required by officers one hour after they have been downloaded.
6. Members have one hour after a video has been downloaded to view the video in their vehicle; otherwise,video can be viewed from a designated desktop computer at police headquarters.
7. If the download process is interrupted, such as disconnecting the camera to go on a call, it will resume where it left off when the camera is reconnected to the Vievu program.
8. Cameras can also be downloaded from a designated desktop computer located outside the Patrol line-up room. This option can be done while entering evidence into Property Management.
N-10.7 PUBLIC RECORDS/RETENTION
1. All footage from body cameras shall be retained in accordance with state and federal requirements and department policy.
2. Video in non-evidentiary cases will be retained for 90 days unless requested otherwise by the involved officer(s) or supervisor(s).
3. Any requests for video footage to be used for training purposes shall be approved via a Report to the Chief.
4. All stored video evidence is subject to release in accordance with state public records requests and retention laws.
5. The Video System Administrator shall be responsible for data retention/destruction.
N-10.8 EFFECTIVE DATE AND DISTRIBUTION
This order is effective ___February 3, 2015_________________
___________________________________
Chip W. Simmons, Chief of Police