UNIVERSITY of NORTH FLORIDA POLICE DEPARTMENT Written Directives Manual

Transcription

1 UNIVERSITY of NORTH FLORIDA POLICE DEPARTMENT Written Directives Manual Operational Order Number: 57.2 Subject: Body Worn Cameras Effective Date: 08/10/2017 Rescinds/Amends: 57.1 Related References/Accreditation Standards: Chief of Police The purpose of this Operational Order is to establish procedures for the University of North Florida Police Department s use of body worn cameras (BWC) by UPD uniformed officers. These BWCs are designed to capture both video and audio recordings. These units will be used so that officers may reliably record their contacts with the public in accordance with the law. Videos will be used as evidence where necessary, and for administrative review of complaints or inquiries, but not for monitoring officer s daily activities. This order consists of the following numbered articles: I. UPolicy I. Policy II. 32TAdministration32T III. 32TOperational Considerations32T IV. 32TProcedures for BWC Use32T V. 32TRestrictions32T VI. 32TStorage and Retention of Videos32T VII. 32TPublic Recording of Police Activities VIII. 32TPublic Record Exemptions and Requirements It is the policy of this department that officers shall activate the BWC when such use is appropriate to the proper performance of his or her official duties and where the recordings are consistent with this policy and law. II. UAdministration A. This agency has adopted the use of the BWC to accomplish several objectives. The primary objectives are as follows:

2 1. BWCs allow for accurate documentation of police/public contacts, arrests, and critical incidents. They also serve to enhance the accuracy of officer reports and testimony in court. 2. Audio and video recordings also enhance the UPDs ability to review probable cause for arrest, officer and suspect interaction, and evidence for investigative and prosecutorial purposes and to provide additional information for officer evaluation and training. 3 The BWC may also be useful in documenting crime and accident scenes or other events that include the confiscation and documentation of evidence or contraband. B. Only department issued BWCs may be used. UThe use of personal video recorders for recording citizen contacts, incidents, investigations, interviews, or crime scenes is prohibitedu. III. UOperational Considerations A. BWCs will be activated under all of the following situations; [32.02 B] 1. All physical arrests 2. Emergency runs 3. Traffic stops 4. Disturbance calls 5. Domestic or dating violence calls 6. Major crime scenes 7. Skateboard, bicycle interactions or deployments 8. Drug and alcohol investigations, and 9. Anytime the officer feels that a video documentation will be beneficial to the officer, a citizen, or the University. B. Officers are not required to inform anyone that they are being recorded, however in some circumstances informing someone their actions are being recorded may help de-escalate a situation. In locations where individuals have a reasonable expectation of privacy, such as a dorm or private office, they may decline to be Body Worn Cameras Page 2 of 9 O.O. 57.2

3 recorded unless the recording is being made pursuant to the policy and procedures outlined in this directive. C. The BWC shall remain activated until the event is completed in order to ensure the integrity of the recording, unless the contact moves into an area restricted by this policy. D. If an officer fails to activate the BWC, fails to record the entire contact, or interrupts the recording, the officer shall document the reason why the recording was not made, was interrupted, or was terminated, either on the recording itself, prior to termination, or in the narrative of a General Offense Report, an Arrest Report, or on a Form 28 if no other report exists. If it becomes necessary during a recording to have a confidential conversation with other officers or supervisors, the officer making the recording will state clearly that he or she is interrupting or pausing the recording for that purpose. No statement is required when recording resumes. E. Upon their request, employees may review video of incidents in which they were involved or are investigating prior to writing a report or providing a statement. This does not relieve an officer of his / her inherent duty to immediately disclose information necessary to secure an active crime scene or to identify suspect(s) or witnesses (FSS (2) (d). Officers desiring to review video should contact the Communications Lieutenant or an administrator for Evidence.com. Under no circumstances will the video be altered or copied by the reviewing employee. Examples of video recordings that an officer may review include but are not limited to: 1. A complaint is made against the employee, 2. A criminal investigation the officer is investigating, 3. An officer-involved collision, 4. Vehicle pursuit investigation, 5. Public disclosure request, 6. Response to resistance review or investigation, 7. Performance appraisal, 8. Training purposes, or 9. Audit and Quality Control/Troubleshooting Body Worn Cameras Page 3 of 9 O.O. 57.2

4 NOTE: In order to view videos, officers will need to have a lieutenant or higher signin to Evidence.com. Officers are not permitted to view videos for personal reasons. F. Citizens shall not be allowed to review the recordings at the scene. The decision to allow a citizen to view a recording will be made by the Chief or his/her designee in accordance with applicable public record laws. G. BWCs are intended to: 1. Enhance officer safety or training 2. Accurately document statements and events during an incident 3. Preserve audio and visual information for investigative purposes and for prosecution of criminal offenses and student conduct hearings 4. Enhance public trust by preserving a factual representation of officer-citizen contacts 5. Identify training needs and evaluate officer performance in those cases where a complaint has been made or injury has occurred. H. When BWCs are activated, they will not be deactivated until the event has been concluded; unless the incident is of such duration that recording time must be conserved, for example; waiting for homicide. I. Officers failing to activate their BWC during required incidents may be subject to disciplinary action. IV. UProcedures for BWC Use A. BWC equipment is issued to uniformed personnel as authorized by this agency. Officers who are assigned BWC equipment must use the equipment unless otherwise authorized by the Chief or his/her designee. B. Police personnel who are assigned BWCs must complete an agency approved training program prior to using a BWC in order to ensure proper use and operation of the equipment. Additional training may be provided to ensure the continued effective use and operation of the equipment, proper calibration and performance, and to incorporate changes, updates, or other revisions in policy and equipment. Initial training will be provided for newly hired officers during the Field Training Program. [32.02 A] Body Worn Cameras Page 4 of 9 O.O. 57.2

5 C. BWC equipment is the responsibility of individual officers and will be used with reasonable care to ensure proper functioning. Equipment malfunctions shall be brought to the attention of the officer s supervisor as soon as possible so that a replacement unit may be procured. D. Officers shall inspect the BWC prior to each shift in order to verify proper functioning and shall notify their supervisor of any problems. E. Officers are not granted access to edit, alter, erase, duplicate, copy, share, or otherwise distribute in any manner BWC recordings and shall not make any attempt to do so. F. Officers shall not attempt to make any unauthorized repairs to any BWC equipment. G. Officers are encouraged to inform their supervisor of any recordings that may be of value for training purposes. Any video used for training must be approved by the Chief or Deputy Chief. H. Requests for deletion of portions of the recordings (e.g., in the event of a personal recording) must be submitted in writing and approved by the Chief or his or her designee in accordance with state record retention laws. All requests and final decisions shall be kept on file. I. Officers shall note on incident reports, arrest dockets, or traffic citations (both UTC and warning citations), and on any other related reports when recordings were made during the incident in question. However, BWC recordings are not a replacement for written reports. [32.02 D] J. At the end of their shift, officers will place the BWC in the charging dock. This will recharge the battery and automatically download the recorded videos. V. URestrictionsU A. BWCs shall be used only in conjunction with official law enforcement duties. The BWC shall not generally be used to record; [32.02 C] 1. Communications with other police personnel without the permission of the Chief, 2. Encounters with undercover officers or confidential informants, 3. When on break or otherwise engaged in personal activities, Body Worn Cameras Page 5 of 9 O.O. 57.2

6 4. In any location where individuals have a reasonable expectation of privacy (i.e. restrooms, locker rooms, etc.), or 5 In dormitory rooms absent an in-progress crime or other investigative need as outlined in section III.A.1-9. BWCs may be used on other occasions with the consent of a resident. B. Any release of recordings to the media must be approved by the Chief or Deputy Chief. C. BWCs are intended for official Department use only and are not to be used for frivolous or personal activities. Intentional misuse or abuse of the BWC shall result in disciplinary action. VI. UStorage and Retention of Videos A. All recordings shall be securely downloaded periodically and no later than the end of each shift. Each download contains the BWC identifier, the date, and the assigned officer. B. All images and sounds recorded by the BWC are the exclusive property of the UPD. Accessing or attempting to access, copy, alter, delete, or release files without the authorization of the Chief or his or her designee is strictly prohibited. C. All access to BWC files must be specifically authorized by the Chief or his or her designee (except as described in III.E above), and all access is to be audited to ensure that only authorized users are accessing the data for legitimate and authorized purposes. D. Files shall be securely stored in accordance with the state records retention laws and no longer than useful for purposes of training or for use in an investigation or prosecution. E. Any recordings of evidentiary value in criminal investigations or prosecutions shall be retained in accordance with General Records Schedules established by the Department of State, pursuant to Florida Statutes and All recordings must be maintained for at least 90 days. F. Any use of force incident will be flagged and retained. G. Incidents recording detentions or arrests will be flagged and retained. H. Incidents where formal or informal complaints are filed or an officer or supervisor feels may be filed will be retained. Body Worn Cameras Page 6 of 9 O.O. 57.2

7 I. Subjects on videos may request a video be flagged through the Chief of Police. J. Internal Investigators may request videos be flagged for their investigations. K. The Chief or his/her designee has the authority to move data to a disk or mark data to be saved permanently on the server for investigative purposes. L. Video needed as evidence will be requested through the Chief or his/her designee as soon as the officer becomes aware of the need. M. Video will automatically be purged from the server 56 weeks from the date of download. The only exceptions will be video flagged for indefinite retention. [32.02 E] VII. UPublic Recording of Police Activities A. UPD officers shall respect the right of citizens to record the activities of police while in public. B. Officers encountering citizens lawfully recording their activities shall not demand the citizen stop the recording activities. C. In the event the citizen is infringing on the member s safety and/or inhibiting an officer s ability to perform his/her lawful duties, the citizen shall be warned that he/she may be arrested for Resisting a Police Officer under M.O , or Resisting an Officer Without Violence, FSS , if the citizen continues to actually hinder the officers activities or inhibits the investigation. Examples of hindering an officer s lawful activity include but are not limited to: 1. Interfering with the officer s ability to move about the scene/area to conduct an investigation. 2. Causing the officer to redirect his attention to the citizen recording due to the citizen s inciting activity (e.g. taunting, provoking, etc.); or 3. Walking through and/or intruding on the defined crime scene. D. In the event a citizen records activities that are criminal in nature and the recording may serve an evidentiary function, the officer shall; 1. Ask the citizen for a copy of the video. 2. Attempt to identify the citizen as a witness. Body Worn Cameras Page 7 of 9 O.O. 57.2

8 3. Inform the citizen that if they refuse to provide a copy of the unedited video a subpoena will be sought for their recording. 4. Also inform the citizen that destruction of the video constitutes a third degree felony, Tampering with Evidence. VIII. UPublic Record Exemptions and Requirements A. Police BWC recordings are public records per FSS 119, however, the recording is exempt if the recording: 1. Is made inside a private residence, 2. Is taken within the interior of a facility that offers health care, mental health care, or social services, or 3. Is taken in a place where a reasonable person would expect to be private. B. A BWC recording, or portion thereof shall be disclosed: 1. To a person recorded by a BWC, however, only those portions that are relevant to the person s presence in the recording, 2. To the personal representative of a person recorded by a BWC, however, only that portion relevant to the represented person s presence in the recording, 3. To a person not depicted in a BWC recording if the recording depicts a place in which the person lawfully resided at the time of the recording, however, only that portion of the recording of the interior of the residence, 4. Or pursuant to a Court Order. C. BWC recordings shall, upon request, be made available to: 1. A person recorded by the BWC, but only that portion relevant to the person s presence in the recording, 2. A personal representative of a person recorded, but only that portion relevant to the person s presence in the recording, 3. A person not depicted in the recording if the recording depicts the person s lawful residence, but only that portion that depicts the interior of the residence. Body Worn Cameras Page 8 of 9 O.O. 57.2

9 D. Per FSS , a photograph, video or audio recording that depicts or records the killing of a person is confidential and exempt from FSS (1) and shall not be released except with a court order. This includes any related acts or events immediately preceding or subsequent to the acts or events that were the proximate cause of death. A surviving spouse of the decedent may view and copy the photograph or recording. If there is no surviving spouse, then parents of the decedent, and if no parents, a surviving adult child shall have access to such recordings. E. FSS (3) (c) makes it a third degree felony for any custodian of a photograph or video or audio recording that depicts the killing of a person who willfully and knowingly violates this section. Body Worn Cameras Page 9 of 9 O.O. 57.2