Fontana Police Department Fontana PD Policy Manual

Transcription

1 Plicy 451 Fntana Plice Department PURPOSE, SCOPE & AUTHORITY A. Purpse (1) T prvide plicy and prcedures fr use f the bdy wrn cmputer (BWC). B. Scpe This plicy and its prescribed prcedures apply t any department emplyee assigned a BWC. C. Authrity The prvisins f this plicy are subject t all applicable federal, state, lcal laws and rdinances. D. Definitin- Device Fr the purpse f this plicy the terms bdy wrn camera and bdy wrn cmputer are synnymus.a bdy wrn cmputer device cnsists f a small bdy wrn cell phne with an integrated camera/audi system. BWC files, including phtgraphs, audi recrdings and vide ftage are stred digitally n the device until the system cnnects t the server. The device ffers tw recrding ptins. The first ptin which will be used under nrmal circumstances is an audi/vide cmbinatin.the secnd ptin is an audi nly functin which shall be used in limited situatins as utlined in this plicy.the device will als be used as a digital camera and department audi recrder PURPOSE & OBJECTIVES OF BWC PROGRAM The department recgnizes that audi and vide recrding f cntacts between department persnnel and the public prvides an bjective recrd f these events. The BWC system cmplements field persnnel in the perfrmance f their duties by prviding a digital recrd f enfrcement and investigative field cntacts. A recrding f an event r cntact als enables the delivery f timely, relevant, and apprpriate training t maximize safety fr ur emplyees and imprve the prvisin f services t the cmmunity. While recrdings btained frm a BWC prvide an bjective recrd f these events, it is understd vide recrdings captured by a BWC and all ther recrding devices d nt necessarily reflect the experience r state f mind f the individual emplyee(s) in a given incident. Mrever, the vide recrding has limitatins and may depict events differently than the events recalled by the invlved emplyee. Specifically, it is understd the BWC may capture infrmatin that may nt have been heard and/r bserved by the invlved emplyee(s) and may nt capture infrmatin bserved by the emplyee(s). BWC recrding perspectives must be cnsidered with all ther available evidence, such as fficer statements, witness/suspect statements, invlved party interviews, frensic analysis, and all ther dcumentary evidence when evaluating the recrded incident. The purpse and bjectives f the department's BWC prgram are as fllws: ***DRAFT*** - 1

2 Cllect evidence fr use in criminal investigatins. Enhance the quality f cases submitted and evidence cllected by the department fr prsecutin. Reduce fficer case preparatin and curt time. Prvide a resurce t emplyees in cmpleting reprts and testifying in criminal prceedings. Enhance fficer safety by reducing the incidents f criminal activity, vilent public interactins, and interference with emplyees in the perfrmance f their duties. Prmte accuntability, enhance public trust and cnfidence in the perfrmance f emplyees. Deter and minimize the incidents f false cmplaints and false allegatins f miscnduct by members f the public against the department. Prvide data t assist the department in evaluating and imprving department practices, tactics, strategy, fficer training and safety practices, and plice-cmmunity relatins RIGHTS OF THE DEPARTMENT The rights f the department include: BWC equipment and all data cllected using a BWC is cnsidered a cnfidential investigative recrd and is prperty f the department. BWC equipment and all data files are fr fficial use nly and shall nt be utilized fr persnal use. BWC data shall nt be cpied, released, r disseminated in any frm r manner utside the requirements f this plicy. Only authrized emplyees shall use r be in pssessin f a BWC device, data, r files. The BWC "Remte Activatin" feature may be used with apprval f a supervisr. This feature allws dispatch t remtely activate the BWC in emergency situatins where the remte activatin wuld benefit fficer safety. If the Remte Activatin feature is used, the fficer will be tld the reasn fr the activatin. Use f the Remte Activatin feature autmatically ntifies the System Administratr and creates an audit trail PROCEDURES A. Emplyee and Citizen Safety Emplyee and citizen safety shall be an emplyee's primary cnsideratin, nt the ability t recrd an event. B. General BWCs can nly be used fr fficial law enfrcement purpses. Other than the System Administratr, emplyees shall nt cpy, edit, alter, erase r therwise mdify in any manner BWC data, except as authrized by law r department ***DRAFT*** - 2

3 plicy. The System Administratr has the authrity t d as such in cmpliance with law and department plicy. Emplyees shall nt remve, dismantle r tamper with any hardware r sftware cmpnents f the BWC system unless specifically directed t d s by the System Administratr. Accessing, cpying, frwarding r releasing any BWC data fr any purpse ther than fr release t the District Attrney's Office r fficial law enfrcement use is strictly prhibited. Release f BWC data t any persn utside the department by any means r public release by any means is prhibited, unless prir written apprval is given by the Chief f Plice r a designee, except as stated therwise in department plicy. Persnal cmputer equipment and sftware prgrams shall nt be utilized when making cpies f BWC data. Using a secndary recrding device such as vide camera, cell phne r any ther electrnic device t recrd r capture BWC data r files is strictly prhibited. Emplyees are required t delete phne call lgs, text messages and any ther infrmatin imprted int the BWC system at the end f each shift. The use f any persnal recrding device fr the same purpse as a BWC is nt authrized BWC SYSTEM ADMINISTRATION The BWC System Administratr(s) shall be swrn members f the department assigned t the Administrative Services Divisin. BWC System Administratrs are respnsible fr perfrming the fllwing duties: Maintain, trublesht, and cnduct minr repairs n the BWC units. Cnduct system evaluatins. Maintain a recrd f assigned BWC and related equipment and maintenance recrds. Arrange the warranty and nn-warranty repair fr the BWC units. Repair and replace BWC cmpnents. Ensure the sftware and system settings are updated as necessary. Train fficers n current plicy and prper use f the BWC units. Prvide technical assistance and subject matter expertise related t investigatins. Nn-swrn members in the Infrmatin Technlgy Department may assist the System Administratr with technical issues as it relates t the BWCs and applicable hardware TRAINING The department shall ensure persnnel assigned a BWC and related equipment are trained befre use in the field. The training shall include: Plicy verview Operatin, activatin, deactivatin, maintenance and care. ***DRAFT*** - 3

4 Mandatry, discretinary and nn-permissible uses f bdy wrn cmputers. Significant changes in the law pertaining t bdy wrn cameras. GPS functin incrprated in each BWC device. Supervisry authrizatin fr remte turn n. Reprt writing. Additinal training at peridic intervals t ensure cntinued effective use f the BWC equipment, perfrmance, and t incrprate change, updates r ther revisins in plicies and equipment PERSONNEL & ASSIGNMENTS TO DEPLOY BWCS The fllwing department persnnel are required t deply the BWC system daily: All unifrmed persnnel f sergeant rank and belw wh deply in the field shall wear a BWC, unless therwise directed by a supervisr. All swrn persnnel serving a search warrant shuld utilize a BWC unless the use f the BWC cmprmises the identity f undercver fficers, places an fficer r member f the public in significant risk, harm, r jepardizes tactics. Lieutenants and abve will have access t BWC devices. Detectives assigned t a nn-unifrmed psitin shall carry and activate the BWC in the field, when the activatin wuld be required under plicy r wuld be beneficial t the situatin. Officers actively engaged in an undercver peratin are exempt frm deplying a BWC unless therwise directed by a supervisr. Hwever BWC shall be activated whenever enfrcement actin is taken. Cmmunity Service Officers and Cde Enfrcement Officers shall carry and activate the BWC in the field, when the activatin wuld be required under this plicy r wuld be beneficial t the situatin. Animal Service Officers and Field Evidence Technicians wh deply in the field will carry the BWC n their persn and activate it when the activatin wuld be beneficial t the situatin. Any ther emplyee as deemed apprpriate when their supervisr reasnably believes such use wuld be beneficial and within all plicies, state, and federal laws OPERATIONAL PROCEDURES DEVICE STORAGE & CARE When nt in use, the BWC and related equipment shall be kept in a secure area. It is the emplyees respnsibility t ensure the listed items are kept in an area which will prevent the items frm being damaged, lst r stlen. The BWC device is water resistant and shall be kept in a dry area n the emplyees persn during inclement weather. ***DRAFT*** - 4

5 PRE-SHIFT INSPECTION The fllwing pre-shift inspectin checks shall be cmpleted prir t the deplyment f a BWC by emplyees: BWC equipment is the respnsibility f the assigned fficer and will be used with reasnable care t ensure prper functining and reliability. Emplyees shall inspect their assigned BWC devices daily t ensure there is n visible damage and the device is in wrking rder. Emplyees shall dcument the results f their inspectin in each reprt written where the incident includes a BWC activatin. Visual damage shall immediately be reprted t a supervisr upn discvery CAMERA POSITION Emplyees shall wear the BWC abve the belt line f the trs, facing frward, in a lcatin that will facilitate an ptimum recrding field f view EQUIPMENT REPAIR, REPLACEMENT AND MAINTENANCE An emplyee with a BWC in need f repair, replacement r maintenance will turn the device int their immediate supervisr. The supervisr will send the System Administratr an explaining the malfunctin. The emplyee will btain a spare BWC frm their supervisr befre ging int service and cnduct a pre-shift inspectin f the device as utlined in Lexipl Plicy ADVISEMENTS WHEN RECORDING As a general rule, emplyees are encuraged t advise private persns they are being recrded if the advisement may gain cmpliance, assist in the investigatin, and will nt interfere with the investigatin r emplyee/fficer safety. Emplyees hwever, are nt required t btain cnsent t recrd frm members f the public when the fficer is lawfully in the area where the recrding takes place. Residents have a reasnable expectatin f privacy in their hmes. Hwever, when emplyees are lawfully present in a hme (warrant, cnsent r exigent circumstances) in the curse f fficial duties, there is n reasnable expectatin f privacy, and recrding is lawful. Therefre, emplyees are nt required t give ntice that they are recrding. Hwever, if asked, emplyees shuld advise citizens they are being recrded. If a resident bjects t the recrding by the BWC inside f a private residence entered based n cnsent, the fficer may turn ff the device. Befre terminating a recrding fr reasns f privacy r ther cncerns, the fficer shall dcument audibly n camera and later in writing, the reasns fr nt recrding. Officers are nt required t initiate r cease lawful recrding f an event, situatin r circumstances slely at the demand f a citizen r when the fficer is lawfully in the area where the recrding takes place. ***DRAFT*** - 5

6 WHEN TO ACTIVATE This plicy is nt intended t describe every pssible situatin in which a BWC shuld r shuld nt be used. Officers shuld fllw the belw guidelines, but activate the BWC anytime the fficer believes it wuld be legal, apprpriate, and valuable t recrd an incident. The activatin shall be prir t cntact, r as sn as safely pssible t d s, and cntinue until the cntact r event is cncluded. If the cntact resumes, s shall the BWC recrding. Officers shall nt turn the BWC n and ff during a single incident as it will create an incmplete r edited recrding f the incident, except as stated therwise in this plicy. The safety f emplyees and members f the public is the highest pririty, and the department acknwledges there may be situatins in which peratin f the device is impractical r may be an impediment t public r emplyee safety. Investigative r Enfrcement related cntacts: Emplyees shall activate the BWC t recrd any investigative r enfrcement related cntacts. Sme examples are as fllws: All enfrcement encunters where there is at least reasnable suspicin the persns(s) has cmmitted, is cmmitting r may be invlved in criminal activity r any enfrcement encunter where there is reasn t believe that the individual is cmmitting a vilatin fr which a citatin may be issued. Traffic r vehicle stps, stranded mtrists, crime interdictin stps. Pedestrian stps, field cntacts/interviews, cnsensual encunters, and detentins. Calls fr service, cmplaints, and self-initiated activity. Backing anther city emplyee r law enfrcement fficer during any investigative enfrcement related cntact r any ther situatin where activatin is required. Cde 3 respnses, vehicle pursuits, and ft pursuits. Uses f frce During the executin f a search warrant, an arrest warrant, a Furth Amendment waiver search, r cnsent search in which the fficer is lking fr evidence r cntraband and any ther situatin deemed apprpriate. Detentins and arrests (arrests, prtective custdy f mentally disturbed, etc.) Emplyees may stp recrding nce the arrestee/detainee is cperative and safely secured inside a plice car r law enfrcement r mental health facility. If an arrestee becmes uncperative r there is an evidentiary purpse, fficers shuld resume recrding with the BWC. If an fficer resumes recrding with the BWC, the BWC shall remain recrding until the fficer is n lnger in cntact with the subject. ***DRAFT*** - 6

7 Prbatin, parle, pst-release cmmunity supervisin, mandatry supervisin r cnsent searches. Suspect, victim and witness statements unless therwise stated under this plicy. Special events As a general plicy, emplyees shuld nt recrd peaceful demnstratins. Emplyee use f a BWC t recrd a special event, such as a plitical event, demnstratin, r prtest is at the discretin f the supervisr in charge f the event given n ther requirements t recrd with a BWC have attached. During demnstratins, fficers shuld recrd if the fficer witnesses crimes ccurring amng demnstratrs and/r believes enfrcement actin will be necessary and /r an arrest is likely. All public interactin, regardless f cntext, that escalates and becmes adversarial. Lawful Surreptitius Recrding An fficer may surreptitiusly recrd any cnversatin during the curse f a criminal investigatin in which the fficer reasnably believes that such a recrding will be fr a lawful investigative purpse (Penal Cde 633) CESSATION OF RECORDING Officers will use reasnable judgment in determining when t deactivate the bdy wrn camera, such as when the purpse fr activatin is n lnger present. Example, an fficer is assigned t an uter perimeter psitin fr an extended perid f time and has n verbal r visual cntact with invlved parties. Example, fficers have secured a prisner and are cmpleting paperwrk utside the presence f the prisner, unless the prisner is cmbative, agitated r therwise uncperative.officers are nt required t cease lawful recrdings f an event, situatin r circumstances slely at the demand f a citizen. Any start/stp exceptins shall be dcumented audibly n camera and then in writing when applicable in a reprt ACTIVATION NOT REQUIRED OR NOT PERMISSABLE A. Activatin nt Required r nt Permissible: Emplyees are nt required t activate the BWC during rutine, incidental cntact with a citizen, t include but nt limited t, giving directins, casual cnversatin during lunch breaks, etc. Emplyees are nt required t recrd while they are cnferring n a call, during tactical briefing and debriefings f events requiring BWC activatin r during safety and security prcedures. BWCs shall nt be activated anywhere within the department where a reasnable expectatin f privacy exists, including, but nt limited t, lcker rms, dressing rms, ***DRAFT*** - 7

8 sleep rm, restrms, briefings, lunchrms, etc. unless such presence is directly relevant t a criminal investigatin. BWCs shall nt be activated during nn-wrk related activity. BWCs shall nt be activated t surreptitiusly recrd any department member withut their cnsent, a curt rder, r unless lawfully authrized by the Chief f Plice r designee fr the purpses f a criminal investigatin. B. Discretinary Vide Recrding: Emplyees shall remain sensitive t the dignity f all individuals being vide recrded and exercise sund discretin t respect privacy by discntinuing recrding whenever it reasnably appears t the emplyee that such privacy utweighs any legitimate law enfrcement interest in recrding. Emplyees shuld als be mindful f HIPPA laws and cnsider the audi nly ptin n the BWC device in sensitive situatins and all situatins mentined belw. Requests t stp recrding by the public shuld be cnsidered using the same criterin. Recrding shuld start r resume when privacy is n lnger an issue unless the circumstances n lnger fit the criteria fr recrding. Discretinary Recrding is authrized when: A witness r victim verbally r in any manner unequivcally refuses t prvide a statement if recrded with the BWC r requests cnfidentiality and the encunter is a nn-cnfrntatinal ne.these interviews shuld be audi recrded with the BWC audi nly recrding ptin. Being a victim f a dmestic vilence r sexual assault r similar act des nt alne exempt an emplyee frm being required t activate a BWC.In general, these cases shuld be recrded and an exigency must be present and memrialized if the BWC is nt activated. Recrding is fund t be inapprpriate because f a victim r witness age, physical cnditin, emtinal state, r ther sensitive circumstances. Recrding wuld risk the safety f a cnfidential infrmant, citizen infrmant, r an undercver fficer. Recrding wuld vilate federal HIPPA laws, such as when the recrding wuld ccur at an in-patient care area f a hspital, mental health facility, emergency rms r ther health care facility, r medical r psychlgical evaluatins are taking place, unless an enfrcement actin is taking place. If a BWC is activated, care shuld be taken t recrd nly the persn yu are speaking with. Avid recrding expsed areas f the bdy that culd cause embarrassment r humiliatin unless such cnditin is relevant t the criminal investigatin. Emplyees shuld nt recrd while inside a jail, detentin, r prisn facility unless the emplyee is engaged in an enfrcement activity ther than that related t bking, detentin, r incarceratin f the suspect at the facility. ***DRAFT*** - 8

9 451.9 DOCUMENTATION OF RECORDED EVENTS A BWC recrding is nt a substitute fr a detailed reprt and a reprt shall nt list "refer t BWC vide" in lieu f writing a detailed reprt. Emplyees will dcument the use f the BWC in sme frmat t include, but nt limited t CAD entries, citatins, reprts, field interview cards, and gang cards ENTERING TAGS Recrded segments may require "Tags" (case numbers, incident numbers, and ther descriptins used t identify digital evidence). "Tags" shuld be added at the cnclusin f each event. In case f delay, "Tags" shuld be added as sn as pssible r by the end f shift. Emplyees are required t tag all BWC data/files related t an incident where a case number was taken. In all cases, "Tags" will be added t BWC data by the end f the emplyees shift, n the day the data was created UPLOADING & STORAGE OF RECORDINGS All BWC recrdings are autmatically upladed t the server. Emplyees shall make their immediate supervisr aware f data uplading prblems as sn as pssible. In the event an emplyee is invlved in an incident where the emplyee is incapacitated fr any reasn, the fficer's supervisr shall take cntrl f the BWC as sn as pssible and assume all respnsibility fr strage and safekeeping CATEGORIZING, STORAGE, AND RETENTION A. Categrizatin All tagged BWC data shall cntain the date, BWC identifier, assigned emplyee, and the categry f the recrding. Emplyees shall categrize each BWC recrding with ne f the tag ptins described belw: Arrest Citatin Citizen Cmplaint Cmplaint Cnfidential Death (Nn-Hmicide) Demnstratin Dmestic Disturbance Felny Stp Hmicide Juvenile ***DRAFT*** - 9

10 Medical Pursuit Suspicius Activity Traffic Stp Training Use f Frce Warrant B. Strage All BWC data shall be upladed t the server. The department's BWC strage system shall have a built-in audit trail and a reliable methd fr back-up data strage. Where applicable, the department's BWC strage system shall cmply with the CJIS Security Plicy f the U.S. Department f Justice and all legal retentin requirements. C. Retentin All recrdings related t criminal prceedings, claims filed, pending litigatin, r persnnel cmplaints, shall be preserved in accrdance with the law. All ther recrdings nt gverned by legal statute shall be retained fr 90 days, 30 mnths, r indefinitely ACCESSING, REVIEWING & RELEASING BWC DATA A. Accessing Department emplyees authrized by this plicy may review BWC data n authrized equipment. All access t the system is autmatically lgged, subject t an audit, and is fr fficial use nly. Authrizatin levels vary dependent upn rank/assignment and are assigned by the BWC System Administratr. B. Reviewing Emplyee Reviewing Allwed: An emplyee may review his r her wn BWC recrdings at any time, including in cnnectin with an administrative inquiry. An emplyee may review a BWC recrding with ther emplyees as it relates t their invlvement in an incident r t cntinue the investigatin. Detectives are respnsible fr reviewing, updating, and tracking digital evidence assciated with their assigned cases. Any situatin nt addressed by this plicy, but apprved by the Chief f Plice r his designee. In each such situatin, the reasn shall be dcumented. Administrative Reviewing Allwed: ***DRAFT*** - 10

11 BWC recrdings may be viewed by a supervisr at the rank f sergeant and abve r an emplyee designated by the Chief f Plice and wrking in the Administrative Services Divisin fr the fllwing limited administratin purpses: Any incident in which a member f the department is injured r killed during the perfrmance f their duties. Any incident invlving the use f frce by a member f the department, including canines, which results in injury r death. Any in-custdy death Any plice pursuit When any member f the department intentinally r unintentinally discharges a firearm at a persn regardless f whether an individual is struck. When any member f the department nt invlved in training intentinally r unintentinally discharges a Cnductive Energy Weapn at a persn. Officer-invlved traffic cllisins Prir t the release f recrdings in respnse t a prper legal request (e.g., in respnse t a subpena r ther curt rder). In preparatin fr a civil dispsitin r respnding t an interrgatry where the incident arises frm an emplyee's fficial duties. When preparing t testify in a criminal, civil, r administrative prceeding arising frm emplyee's fficial duties. Fr investigatins undertaken by the department, fr the purpse f prving r disprving specific allegatins f miscnduct. Fr administrative prceedings, when digital evidence is used by the department fr the purpse f prving r disprving allegatins f miscnduct, nly relevant t the investigative scpe shall be reviewed and retained by investigatrs. Reviewing Prhibited: Infrmatin relevant t the recrdings viewed and seized as evidence by the investigatrs shall be dcumented as part f the chrnlgical summary f any investigatin undertaken by the department. BWC recrdings shall nt be reviewed slely fr the purpse f general perfrmance review, rutine preparatin f perfrmance reprts, r t discver plicy vilatins. Review by nn-department persnnel unless at the directin f the Chief f Plice r the Chief's designee, with the exceptin f the District Attrney's Office and Fntana City Attrneys regarding litigatin. Cnfidentiality shall be cnsidered when an emplyee is reviewing digital files. C. Release Outside the Department ***DRAFT*** - 11

12 BWC data shall be treated as fficial recrds and handled pursuant t existing department plicies and prcedures fr release. BWC recrdings will be cnsidered exempt as investigative recrds per Gvernment Cde Sectin 6254(f). The department will cmply fully with the Public Recrds Act as it applies t BWC ftage, but cnsiders all ftage exempt frm disclsure, except as is determined therwise by department fficials r a curt f law. All Public Recrds Act requests will be prcessed pursuant t Department Plicy 810 pertaining t Recrds Maintenance and Release. Any release f BWC ftage is at the discretin f the Chief f Plice and must be authrized by the Chief f Plice prir t release REDACTION AND DELETION OF BWC RECORDINGS, DATA & FILES In the event f an accidental activatin f a BWC where the resulting recrding is f n investigative r evidentiary value, the recrding emplyee may request that a prtin f the BWC data be redacted r the entire BWC data be deleted by cntacting their direct supervisr and then requesting this deletin thrugh the System Administratr. The supervisr will submit a memrandum t the Divisin Cmmander via the chain f cmmand requesting the deletin/redactin. If apprved, the Divisin Cmmander will frward the memrandum t the System Administratr requesting the deletin/redactin CRIMINAL JUSTICE SYSTEM COORDINATION All discvery requests will be made thrugh the San Bernardin Cunty District Attrney's Office, pursuant t plicies as adpted and in effect within that ffice. The District Attrney is respnsible fr ntifying the department f evidentiary discvery requests fr bth the prsecutin and defense. The District Attrney's Office will accept all bdy wrn camera digital data as a result f a discvery request, and rute the file t the apprpriate attrney, defendant, r ther third party AUDIT BWC recrdings will be audited during the emplyee's annual evaluatin perid by their direct supervisr. Each audit will cnsist f six randm samplings t ensure cmpliance with the purpse, scpe, and adherence t this plicy. Additinal audits may ccur if a plicy vilatin is nted. The BWC prgram, in its entirety, shall be audited annually t ensure fulfillment f the purpse and bjectives f the prgram, cmpliance with peratinal prcedures, retentin plicy, strage, data security, access, use, and release f BWC recrdings, data and files specified in this plicy and applicable laws and rdnances. The System Administratr will cnsult with the infrmatin Technlgy Department fr equipment and hardware functinality USE OF DATA FOR TRAINING PURPOSES Officers and supervisrs may find it useful and are encuraged t review recrdings f incidents when beneficial fr the purpses f cnducting a tactical debrief. When a recrded incident is ***DRAFT*** - 12

13 fund t be f value as a training aid fr emplyees f the department, the recrding fficer's supervisr shuld cntact the System Administratr. If the System Administratr determines the incident wuld be an apprpriate training aid, the System Administratr will crdinate the material t be used during the debrief/training with the supervisr f the invlved emplyees DISCOVERY OF MISCONDUCT Emplyees reviewing event recrdings shuld remain fcused n the incident(s) in questin and review nly recrdings relevant t their investigative scpe. If imprper cnduct is discvered during any review f digital data, the persn wh discvered the cnduct in questin shall ntify a supervisr immediately. ***DRAFT*** - 13