Signal Hill Police Department Policy Manual ATTACHMENT Portable AudioNideo Recorders 450.1 PURPOSE AND SCOPE This policy provides guidelines for the use of portable video recording systems (Body Worn Video or BWV) and portable audio recording devices (Digital Recorders) by members of this department while in the performance of their duties. This policy does not apply to surreptitious interception of electronic communications for lawful authorized investigative purposes or to mobile audio video recordings (see the Mobile Audio Video Policy). 450.2 DEFINITIONS Activate Any process that causes the BWV or Digital Recorder to capture, store or transmit video or audio data in an active mode. Body Worn Camera and BWV Synonymous terms which refer to any system worn by, carried by or attached to a person that captures video and audio signals. Digital Recorder - Any system that captures audio signals. Recorded Media Video and/or audio signals recorded or digitally stored on a storage device or portable media. 450.3 POLICY The use of BWV and Digital Recorders provides documentary evidence for criminal investigations and many other matters related to the administration of the Department. it is therefore the policy of the Signal Hill Police Department to use BWV and Digital Recorder technology to more effectively fulfill the Department?s mission and to ensure that these systems are properly utilized and that recorded media is retained in a secure manner. The release of any BWV or Digital Recorder media shall follow federal, state, and local laws. 450.4 PRIVACY All BWV and Digital Recorder media made by officers while in the performance of their duties shall remain the property ofthe Signal Hill Police Department and shall not be copied, released, or disseminated in any form or manner outside the parameters of this policy without the expressed written consent of the Chief of Police. Only Signal Hill Police Department issued BWV/Digital Recorder systems are authorized for use by officers while in the performance of their duties. Penal Code ?632 prohibits any individual from surreptitiously recording any conversation in which any party to the conversation has a reasonable belief that the conversation was private or confidential, however Penal Code ?633 expressly exempts law enforcement from this prohibition during the course of a criminal investigation. Portable Audio/Video Recorders - 1 Adoption Date: 2015r?09/1T ovinnl I Signal Hill Police Department Policy Manual Portable Audio/Video Recorders 450.5 OFFICER RESPONSIBILITIES Prior to going into service, each officer shall properly equip him/herself with a BWV to record video and audio in the field. Digitai recorders are optional. Officers shall test the BWV system's operation in accordance with manufacturer specifications and training and ensure the unit is prOperIy charged. System documentation is accomplished by the officer recording his/her name, serial number, badge or PIN number and the current date and time at the start of each shift. If the system is malfunctioning, the officer shall take the unit out of service and obtain a reserve unit. The camera shall be positioned to facilitate optimum recording field of view. At the end of each daily shift, officers shall follow the established docking procedures for upload of BWV data files and shall upload that shifts recordings. 450.5.1 SUPERVISOR RESPONSIBILITIES A) Supervisors shall ensure that the BWV system is properly functioning. B) When safe and practical, an on-scene supervisor may retrieve a BWV system from an involved officer(s) during critical incidents. The supervisor will be responsible for upload of BWV data ?les. 45052 SYSTEM ADMINISTRATOR RESPONSIBILITIES The Administrative Division Commander is designated as the System Administrator and shall have oversight responsibilities to include, but not be limited to, the following: A Operation and user administration of the system. System evaluation. C) Training. Policy and procedure review and evaluation. Coordination with IT regarding system related issues. F) Deletion of accidental recordings subject to the conditions and procedures contained within this policy. 450.6 ACTIVATION OF THE BVWIDIGITAL RECORDER This policy is not intended to describe every possible situation in which the BWV system shouid be used, although there are many situations where its use is appropriate. An officer should activate the system any time the officer believes it would be appropriate or valuable to document an incident. At no time is a member expected to jeopardize his/her safety in order to activate the BWV system. However, unless it is unsafe or impractical to do so, officers shall make every reasonable effort to activate the BWV prior to making contact in any of the foliowlng incidents: (A) Enforcement encounters where there is a reasonable suspicion that the person(s) is involved in criminal activity or a violation of the law. This includes, but is not limited to dispatched calls, Portable Audio/Video Recorders 2 Adoption Date: 2015/09l1? (a I mvinnl I I r. Signal Hill Police Department Policy Manual Portable Audio/Video Recorders self-initiated activities, traffic stops, pedestrian checks or any other investigative or enforcement encounter. 1. For the purpose of this policy, any officer contacting an individual suspected of violating any law or during the course of any official law enforcement related activity shall be presumed to be engaged in a criminal investigation. 2. Officers are not required to obtain consent from a private person when in a public place or in a location where there is no reasonable expectation of privacy inside a building or dwelling where the officer is lawfully present and engaged in the performance of official duties. 3. Officers should be aware of privacy issues related to a person?s place of residence and/or other areas where there could be an expectation of privacy and shall make a reasonable attempt to notify them that the BWV is present before entering the residence unless the officer enters the residence because of a warrant or exigent circumstances. (8) Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require activation of the BWV. (C) Officers are encouraged to advise private persons they are recording if the advisement may gain compliance, assist in the investigation, and does not interfere with the investigation or officer safety. 450.6.1 CESSATION OF RECORDING (A) Once activated, the BWV system should remain on until the incident has concluded. For purposes of this section, conclusion of an incident has occurred when all arrests have been made, arrestees have been tranSported and all witnesses and victims have been interviewed. Recording may cease if an officer is simply waiting for a tow truck or a family member to arrive, or in other similar situations. (B) Should an officer decide to terminate recording for other reasons, the officer should clearly state that reason before turning off the camera. Officers should be aware of certain circumstances where operating the BWV may not be appropriate such as: In a hospital emergency room where privacy of patients, including patients not part of the officer?s call, should be considered. Anytime a person?s private health information is being discussed. (0) Ambulance responses to accidents and illnesses when victims are not involved in any criminal activity. When the use of the BWV causes emotional distress to a victim of a crime, such as a sexual assault. 450.6.2 DOCUMENTING BWV AND RECORDER USE if any incident is recorded with either the BWV or Digital Recorder systems, the existence of that recording shall be documented in the officer's report. if a citation is issued, the officer shall make a Portable AudioNideo Recorders - 3 Adoption Date: 2015/09/1? ?100?-9n1?lnvinnl I I Signal Hill Police Department Policy Manual Portable Audio/Video Recorders notation on the back of the Records Copy of the citation or within the notes section ofan electronic citation, indicating that the incident was recorded and the means recorded. 450.7 PROHIBITED USE OF THE RECORDERS Personally owned recording devices are prohibited for use by officers while in the performance of their duties as is the recording, copying or retention of recorded activities or information obtained in the performance of an officer's duty. The BWV/Digital Recorder shall not be used to record any non?work related activity and shall not be activated in places where a reasonable expectation of privacy exists, such as locker rooms, dressing rooms or restrooms. Officers shall not use the BWV/Digital Recorder functions to record any personal conversation of/ or between another department member or employee without the recorded member's/employee's knowledge or permission. 450.8 REVIEW OF BWV DATA AND RECORDED MEDIA Access to the data and recorded media from the BWV system is permitted on a right to know, need to know basis. All access to the system is logged and subject to audit at any time. 450.8.1 EMPLOYEE ACCESS Once uploaded, an employee may review BWV data and recorded media that they uploaded as it relates to: Their involvement in an incident for the purposes of completing a criminal investigation, traffic collision investigation or documenting a non-criminal incident and preparing official reports. Prior to courtroom testimony or for courtroom presentation. (0) Providing a statement pursuant to an administrative investigation. 450.8.2 SUPERVISOR ACCESS A supervisor may review uploaded BWV data and recorded media as it relates to: A. Investigation of a specific act of misconduct. B. A random audit for compliance with this poiicy pursuant to the Administrative Division Commander's direction to conduct an audit. C. Assessing a probationary officer?s performance or the performance of an officer subject to a performance improvement plan. D. When exigent circumstances occur, such as an officer being injured and to obtain identifying suspect information or other pertinent information. E. To assess proper functioning of the BWV system. To immediately resolve a citizen complaint. G. To assess possible training value. Portable AudioNideo Recorders - 4 Adoption Date: It?) 1GOR-9?1?invinnl Ilf?. Signal Hill Police Department Policy Manual Portable Audio/Video Recorders 1. Recorded media may be shown for training purposes. If an employee objects to showing a recording, his/her objection will be submitted to the employee?s division commander who will determine if the training value outweighs the employee?s objection. 2. In no event, shall any recorded media be used or shown for the purpose of ridiculing or embarrassing any employee. 450.8.3 OTHER ACCESS A. An employee may request to review BWV data and recorded media of incidents where that employee is captured on or referenced in the video or audio data and the purpose relates to the employee?s duties. B. in orderto assist in an investigation, investigators such as Professional Standards personnel may view BWV data and recorded media. 1. Access and any recordings that need copying will be provided by the System Administrator. 450.8.4 NO N-DEPARTM ENTAL REQU ESTS A. Media inquiry and requests shall be received and processed in accordance with Policy ?346 (News Media Relations). B. All other requests for BWV data and recorded media shall be accepted and processed in accordance with federal, state, local statutes and Department policy (Public Records Act, etc.) as set forth in Policy ?810 (Records Release and Security). 450.8.5 COPYING PROCEDURES A. To comply with a request for discovery of real evidence pursuant to Penal Code ?1054 et at, supervisory detective personnel may copy recorded media as necessary. B. Any other request for a copy of recorded media shall be requested via an Evidence Request Form through the Property Control and Evidence Officer. 1. Should the copy of the recorded media be retained by Department personnel, it shall be booked into evidence or returned to the Property and Evidence Officer for destruction. 450.9 RETENTION REQUIREMENTS All recorded media shall be retained for a period consistent with the requirements of the City?s Records Retention Schedule. In no event, shall recorded media be retained for a period of less than two years. 450.9.1 REQUEST FOR DELETION OF ACCIDENTAL RECORDING In the event of an accidental activation of the BWV where the resulting recorded media is of no investigative or evidentiary value, the recording employee may request that the recorded media be deleted by submitting an email request with sufficient information to locate the recorded media Portable Audioi?Video Recorders - 5 Adoption Date: 201509117 masonic: ovinni r? Signal Hill Police Department Policy Manual Portable Audio/Video Recorders to the Operations Division Commander who shall review the recorded media, approve or deny the request, and forward to the System Administrator for action. Portable AudioNideo Recorders - 6 Adoption Date: 2015109117 #3 1QOI?LOD?1Rlnvinr-1l I r?