Revision 14

Policy 703

BODY CAMERAS

703.1.0 PURPOSE AND SCOPE

Body cameras are a valuable tool in promoting transparency in law enforcement by recording citizen contacts with by police officers. The Spokane Police Department employs body cameras for the purpose of contemporaneously and objectively documenting information about the details of such contacts. Video footage produced by body cameras may be collected as evidence in civil or criminal investigations, reviewed administratively for officer compliance with department policies, used as a tool in law enforcement training and or can be used as a reference in incident documentation.

It shall be understood that a video recording has many limitations and is not a standalone depiction of an incident. It shall also be understood that video recordings of an incident in combination with officer and citizen statements and physical evidence will depict an incident description more completely than video alone. The consideration of video recording limitations are subject to numerous variables to include but are not limited to; angle of camera perspective, ambient noise, proximity to subject or scene, defective equipment, lighting, weather, operator error and others not mentioned. Video may only capture portions of officers perspective and may contain none.

POLICYIt is the policy of the Spokane Police Department that most interactions between patrol officers and citizens shall be recorded by use of body worn cameras.

703.1.1 DEFINITIONS

A. ADVISEMENT Statement made by the officer prior to, or at the outset of, using a body camera to record a communication, conversation or interaction with a citizen. This statement is made for the specific purpose of informing the citizen that the communication or conversation is being recorded. It is understood that rapidly evolving and complicated situations may delay this advisement due incident priority.

B. CONSENT - Consent to record shall be considered obtained when the recording party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is being recorded. That announcement also must be recorded.

C. ACTIVATE - Any process that causes the body camera to transmit or store video or audio data in an active mode.

D. BODY CAMERA Camera system that captures audio and video signals, that is capable of being worn on an officers person, and that includes at minimum, a camera, microphone, and recorder.

E. BODY CAMERA TECHNICIAN - Personnel certified or trained in the operational use and repair of Body Cameras, duplicating methods, storage and retrieval methods and procedures, and who have a working knowledge of video forensics and evidentiary procedures.

F. RECORDED MEDIA - Audio-video signals recorded or digitally stored on a storage device or portable media.

703.1.2 COMMUNICATIONS TO BE RECORDED

Absent exigent circumstances, communications and conversations between patrol officers and citizens shall be recorded by use of body cameras. Patrol activities that should be recorded include, but are not limited to the following:

1. Traffic stops (to include, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops)

2. Priority responses that require the use of emergency lights and/or siren

3. Vehicle pursuits

4. Suspicious vehicles and suspicious persons

5. Arrests

6. Vehicle searches

7. Physical or verbal confrontations or use of force

8. DWI/DUI investigations including field sobriety tests

9. Crimes in progress

10. Self-initiated activity in which the officer comes into contact with a member of the public

11. Any call for service involving a crime where the recorder may aid in the apprehension and/or prosecution of a suspect:

12. Domestic violence calls

13. Disorderly conduct calls

14. Offenses involving violence or weapons

15. Mental Health Detentions

16. Community caretaking functions

703.1.2ACTIVATION OF THE BODY CAMERA

A. Activation of the body camera is not discretionary. Each patrol officer shall activate the body camera at the outset of each incident which meets recording criteria, whether or not the contact documents a significant incident, forms part of a criminal investigation or has any perceived evidentiary value to the officer. Unless the officer holds a legitimate belief that activating the body camera would be unsafe given the facts and circumstances, the officer shall activate the body camera. If a safety issue has prevented activation of the body camera, the officer shall document the details of that fact in an incident report and report it to the shift supervisor. At no time should an officer jeopardize his/her safety in order to activate a body camera. It is understood that rapidly evolving and complicated situations may delay this camera activation due to incident priority. The documenting officer will describe this situation in their incident report.

COMMUNICATIONS WHICH DO NOT NEED TO BE RECORDED

It should be recognized that not all interactions between officers and citizens need to be recorded. Certain interactions may be sensitive in nature. These interactions that may do not need be recorded could include, but are not limited to the following:

1. Death notifications to a victims family members

2. Natural DOA incidents requiring Officer response.

3. Certain Interactions between officers and their confidential informants (CIs)

4. Certain Interviews with sexual assault victims.

5. Public relation activities to include demonstrations, lectures, business or social contacts or other.

703.1.3 CESSATION OF THE BODY CAMERA

Once activated, the body camera system should remain on until the incident has concluded.

If the Officer is conducting an operation such as waiting for a tow truck, or providing security of a cold scene, he/she may turn off the camera until scene activity warrants its activation. Other situations may warrant de-activation of the camera but should be described to a Supervisor before initiated in the officers written report.

703.1.6WHEN ACTIVATION IS NOT REQUIRED

Activation of the body camera is not required when exchanging information with other officers or during breaks, lunch periods, dictating reports, preparing written documents, when not in service or actively on patrol. Except when an officer is engaged in law enforcement activity and interacting in person with a suspect or member of the public, the body camera will be disabled to attempt to prevent inadvertent recording of operational or personal conversations when in any law enforcement facility. The body camera will be re-activated before resuming normal patrol duties.

703.1.7 ADVISEMENT

All body camera recordings shall comply with the provisions of the Washington Privacy Act, Chapter 9.73 RCW, which requires the officer, prior to recording private conversations, to announce to all parties engaged in the communication or conversation, that such communication or conversation is being recorded. Although the courts have ruled that not all contacts with police are private conversations, all body camera recordings by SPD officers shall follow the same procedures with regard to the pre-recording advisement for in-custody and out of custody recordings.

A. Out of Custody Advisement

The recording officer recording the interaction will advise the individual not in custody as follows:

1. Announce to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is being recorded.

2. That announcement also must be recorded.

B. In Custody Advisement

The officer recording the interaction will advise the individual in custody as follows:

1. Announce to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is being recorded.

2. That announcement also must be recorded.

3. At the commencement of the recording the arrested person shall be fully informed of his constitutional rights, and such statements informing him shall be included in the recording. The recorded statement must contain full statement of defendant's Miranda rights; mere reference to prior written waiver is insufficient. 703.1.8 OFFICER RESPONSIBILITIES

A. All officers authorized to use body cameras shall successfully complete an approved course of instruction prior to their use.

B. Each officer is responsible for the proper care of the body camera used by and/or issued to the officer.

C. Prior to each shift, the officer will perform the following steps:

1. TEST - Ensure that the equipment is charged and working properly. Officers will test the body cameras operation in accordance with manufacturer specifications and department operating procedures and training.

2. REPORT - If the body camera is malfunctioning, the officer shall notify his/her supervisor immediately.

3. EQUIP - Properly equip himself/herself to record audio and video in the field. Each officer is to attach the camera onto their body/uniform of the day, so as to allow the recording of traffic stops, citizen contacts, arrests or any other police contact.

4. ACTIVATE Activate the body camera at the commencement of all communications and conversations between patrol officers and citizens as well as other patrol activity as noted in this policy.

5. DOCUMENT The use of the body camera in all instances which an incident report is written.

6. Monitoring system effectiveness and making recommendations for operational improvement and policy revision.

D. Prior to the end of their shift, each officer will perform the following steps:

1. Once the video is captured officers shall identify body camera videos by evidentiary, investigative or other:a. When assigned, noting the SPD case number in the case ID field.b. Entering a title. The title should include sufficient information to identify the file, such as crime title, suspect name, location or the event.c. Selecting the appropriate category; Traffic stop, DV etc.d. The information may be entered via a hand held device, MDC, or SPD computer work station via the evidence.com website.

UPLOAD AND CHARGE - Follow established procedures for providing to the Department recorded media and equipment, including placing the body camera in its docking station to upload the data from the body camera and to charge the body camera using the prescribed hardware.

703.1.9 SUPERVISOR RESPONSIBILITIES

A. Training and Activation

Supervisors are responsible for ensuring that patrol officers have completed the department's approved course of instruction prior to using the equipment.

B. Compliance with Procedures

Supervisors are responsible for ensuring compliance with the following:

1. That patrol officers follow established policies and procedures for the use and maintenance of the equipment, handling of the recordings, and the completion of all necessary documentation.

2. That notification of required repairs of damaged equipment or non-functional equipment is provided in a timely manner.

3. That equipment is adequately secured to prevent it from being misplaced or misappropriated.

C. Classification of Video

Supervisors are responsible for overseeing the identification and classification of recorded media for proper retention, as follows:

1. Assisting officers in identifying and classifying recorded media for proper retention, including:

a. Recorded media that may be used in a criminal prosecution or potential civil litigation,

b. Recorded media that has not captured a unique or unusual incident or action from which litigation or criminal prosecution is expected or likely to result,

2. Supervisors are responsible for ensuring that classifications are appropriately entered into the system so that they can be tagged for retention according to classification.

3. Supervisors are responsible for identifying recorded media to be reviewed as follows:

a. By a supervisor investigating a specific act of officer conduct.

b. By officers when preparing reports.

c. By a supervisor to assess officer performance.

d. To assess proper functioning of body cameras.

e. By a department investigator who is participating in an official investigation, such as a personnel complaint, administrative inquiry or a criminal investigation.

703.2 SYSTEM ADMINISTRATOR

The Systems Administrator is the Director Of Strategic Initiatives or his/her designee and has oversight responsibilities to include, but not limited to:

1. Operation and user administration of the system.

2. System evaluation.

3. Coordination with SRECS TARU (Technical Assistance Response Unit) regarding system related issues.

4. Standard maintenance of body camera videos, to include procedures that ensure proper review, retention and release of body camera videos.

5. Release of recorded media pursuant to media requests, public records requests and subpoenas duces tecum.

703.2.1INFORMATION TECHNOLOGY

The Spokane Regional Emergency Communications Systems (SRECS) TARU shall have responsibilities to include:

1. Consult with the Administrative Captain and Director of Strategic Initiatives regarding technology issues.

2. Assist with program management for body cameras.

703.2.2 REVIEW OF BODY CAMERA VIDEO

A. Recordings may be reviewed in any of the following situations: Once uploaded to Evidence.com personnel may view their own audio/video data. (Evidence.com automatically time/date stamps and records each access by officer name.)

1. For use when preparing reports or statements, to include critical incidents.

2. Prior to courtroom testimony or for courtroom presentation.

3. By a supervisor investigating a specific act of officer conduct.

4. By a supervisor to assess officer performance.

5. To assess proper functioning of body cameras.

6. By a department investigator who is participating in an official investigation, such as a personnel complaint, administrative inquiry or a criminal investigation.

7. Critical Incidents: officers are encouraged to consult in legal representation and may review their video prior to providing a statement pursuant to an administrative inquiry.

8. Providing a statement pursuant to an administrative inquiry, including officer involved shooting investigations.

9. Following a time sensitive critical incident, a video may only be viewed prior to being uploaded to Evidence.com.

10. By department personnel who request to review recordings.

11. By an officer who is captured on or referenced in the video or audio data and reviews and uses such data for any purpose relating to his/her employment.

12. By court personnel through proper process or with permission of the Chief of Police or the authorized designee.

13. By the media through proper process or with permission of the Chief of Police or his/her authorized designee.

14. To assess possible training value, recordings may be shown for training purposes. If an involved officer objects to showing a recording, his/her objection will be submitted to the training Captain to determine if the training value outweighs the officer's objection.

15. By an employees legal representative and/or bargaining unit representative who is involved in representing the employee in an official investigation, such as a personnel complaint, administrative inquiry or a criminal investigation.

16. By the Citys legal representative and/or bargaining unit representative who is involved in representing the City in an official matter, such as a personnel complaint, administrative inquiry, lawsuit, or a criminal investigation.

17. Although limited in capabilities video recordings of evidence to include statements and scene description may be accurately recorded. Once an incident is reviewed by the documenting officer he/she may refer to the video recording in their report as an accurate depiction of transpired events to include conversation, interviews, interrogation, demeanor physical evidence and action associated with the incident as perceived by that documenting officer. If information is not accurate due to angle, audible interruption or other; the officer shall clarify this in their report.

B. Internal Affairs Review

1. Recorded media will not be reviewed by the Department solely for the purpose of initiating internal investigations against members of the Department.

2. If recorded media is reviewed by Internal Affairs in response to a complaint or allegation of misconduct by an officer, Internal Affairs shall provide the involved officer and the officers legal representative and/or bargaining unit representative copies of all recordings relevant to any official investigation or administrative inquiry.

703.2.3 RETENTION OF BODY CAMERA FOOTAGE

Recordings from body cameras are divided into two categories, Incident Identified and Incident Not Identified.

A. Incident Identified

The category referred to as Incident Identified includes recorded media which has captured a unique or unusual action from which litigation or criminal prosecution is expected or likely to result. Such recordings will be retained until all litigation or criminal prosecution is resolved, including the exhaustion of the appeals process. Thereafter, they will be destroyed.

B. Incident Not Identified

The category referred to as Incident Not Identified includes recorded media that has not captured a unique or unusual incident or action from which litigation or criminal prosecution is expected or likely to result. These recordings will be retained by the Spokane Police Department for 90 30 days. Thereafter, they will be destroyed.

1. Video/audio related to critical incidents (including officer involved uses of force) shall be kept until all litigation or criminal prosecution is resolved, including the exhaustion of the appeals process.

1. Video/audio related to homicide investigations should be kept with the remainder of the file in accordance with the Washington State Retention Schedule.

1. Video/audio related to sexual assault investigations and all investigations for which the crime was committed sexual motivation should be kept with the remainder of the file and forwarded to the Washington Association of Sheriffs and Police Chiefs (WASPC) pursuant to RCW 40.14 at the conclusion of all appeals and once the case has timed out of the departments retention schedule (six years).

Requests for Deletion of Accidental Recording

In the event of an accidental activation of the body camera where the resulting recording is of no investigative or evidentiary value, the recording employee may request that the body camera video file in question be deleted by submitting an email request with sufficient information to locate the body camera video file to the Division Captain or designee who shall review the video file, approve or deny the request and forward the decision to the Administrator for action.

703.2.4 PUBLIC DISCLOSURE OF RECORDED MEDIA

Recorded media will be released pursuant to public records requests once any criminal investigation related to such recorded media has been completed. Recorded media related to an open administrative investigation will be released in accordance with Washington State law regarding public disclosure.

1. BODY CAMERA FILES REQUEST

A. Department Requests

Any request shall be completed by the system administrator(s) with the approval of the Chief of Police or his/her designee.

B. Non-Department Requests

1. All other requests for a body camera video file shall be accepted and processed in accordance with the federal, state, local statutes and SPD department policy (public records request etc.)

2. Media inquiries and/or requests shall be received and processed in accordance with public records requests per policy.

2. COPYING PROCEDURES

2. A copy of the body camera video file may be made by the involved officer in accordance with the provisions of this order for evidence, court requests etc.2. If the video is in fact evidence of the case, the officer shall make a copy of the video, and book the copy into evidence.2. Other than as provided in this order, no member of this Department shall download any video from Evidence.com onto any computer, device, drive, CD, DVD, or any other format without the express consent of the Chief of Police.

C. Investigators Conducting Criminal or Internal Investigations Shall:2. Advise the system Administrator to restrict access/public disclosure of the body camera video in criminal or internal investigations, when necessary.2. Document the reason for access by entering the related incident or IA case number on the body camera video NOTES prior to viewing.2. Review the file to determine whether the body camera video is of evidentiary value and process in accordance with established procedures.2. Investigators shall notify the System Administrator to remove the access restriction when the investigation is closed.

D. A body camera video file may utilized as a training tool for individuals, specific units, and the Department as a whole. A recommendation to utilize a body camera video file for such purpose may come from any source.3. A person recommending utilization of a body camera video file for training purposes shall submit the recommendation through the chain of command to the Chief of Police or his/her designee.3. If an involved officer or employee objects to the showing of a recording, his/her objection will be submitted to the Chief of Police or his/her designee to determine if the employees objection outweighs the training value.3. After a meeting with the affected officer/employee and their chosen representative, the Chief of Police or his/her designee shall review the recommendation and determine how best to utilize the body camera video file considering the identity of the person(s) involved, sensitivity of the incident, and the benefit of utilizing the file versus other means (e.g. general Order, training bulletin or other training.)

703.2.5UNAUTHORIZED USE

1. All body camera video footage, recorded media, recorded images and audio recordings are the property of the Spokane Police Department. Dissemination outside of the agency is strictly prohibited, except to the extent permitted or required by law.

1. Body worn cameras shall not be used to surreptitiously record conversations between private individuals and police officers, engage in secret video surveillance of a persons home, monitor intimate details of private citizens or collect information on private citizens.

1. No member of this department may surreptitiously record a conversation of any other member of this department except with a court order for the purpose of conducting a criminal or administrative investigation.

1. In no event shall any recording be used or shown for the purpose of ridiculing or embarrassing any employee.

1. Unauthorized use, duplication, and/or distribution of body camera videos are prohibited.

1. SPD personnel shall not make copies of body camera videos and are prohibited from using a recording (such as, but not limited to, a phone camera or secondary video camera) to record body camera videos.

1. All recorded media, images and audio are the property of the Spokane Police Department and will 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 or his/her designee.

1. Body cameras shall not be used to record non-work related activities.

12Revised 06/23/14