Body- Worn Cameras

Policy 450

Body- Worn Camera (BWC)

The Foster City Police Department adopts the use of body-worn cameras to visually and audibly record specific categories of interactions between officers and the public and to retain associated video for a period of time. Officers shall utilize the device in accordance with the provisions of this policy.

450.1.1 DEFINITIONS

Definitions related to this policy include:

Body-Worn Camera (BWC) system – The system that captures audio and video signals, that is primarily worn upon an officer's uniform and includes a camera, microphone, and stored memory of recordings.

Activate – The BWC has activated based on an officer's deliberate activation of the system and both video and audio are recorded and retained according to the Department's retention policy.

Powered on – The BWC stands ready to be activated for full video and audio recording. While powered on, the BWC will continually store video only (no audio) into a temporary, buffered memory. This buffered video is perishable and will be overwritten in time, depending on the memory requirements of the BWC. Depending on its use, the BWC may retain the buffered video for roughly 18 hours.

Powered off – The power has been turned off and no video or audio recording or buffering occurs whatsoever.

BWC technician – Personnel certified or trained in the operational use and repair procedures of BWCs, duplicating methods, storage and retrieval methods and procedures, and who have a working knowledge of video forensics and evidentiary procedures.

Recording media – Audio-video signals recorded or digitally stored on a storage device or portable media.

450.2 MEMBER PRIVACY EXPECTATION

All recordings made by personnel on any Department-issued device at any time, and any recording made while acting in an official capacity for this Department, regardless of ownership of the device it was made on, shall remain the property of the Department. Members shall have no expectation of privacy or ownership interest in the content of these recordings.

450.3 USER TRAINING

The Department shall ensure that each officer is trained in the use of the BWC prior to issuance and deployment. The training shall include:

A. Training on operation (including when to activate and deactivate), maintenance and care

B. Training on mandatory, discretionary and non-permissible uses of a BWC

C. Periodic training on significant changes in the law pertaining to BWC's

D. Additional training at periodic intervals to ensure continued effective use of the BWC equipment, performance, and to incorporate changes, updates or other revisions in policies and equipment

450.4 OFFICER RESPONSIBILITIES

Each uniformed officer (including Community Service Officers) assigned a BWC and working any uniformed assignment is responsible for ensuring that they are equipped with a Department-issued BWC and that the camera is fully charged and in good working order at the beginning of their shift.

Each officer assigned to an administrative assignment will be assigned a BWC, which they will ensure is charged and in good working order. It's understood that officers assigned to an administrative assignment may not use the camera often; however, their camera must be ready for use at all times.

If a device is in need of repair, officers will notify their Supervisor and turn the BWC in for repair or replacement and a replacement camera will be issued.

Uniformed officers shall wear the camera on their uniform at a location that will facilitate the optimum recording field of view.

Officers shall not deliberately remove, dismantle or tamper with any hardware and/or the evidence management software component of the BWC.

Each officer is responsible for ensuring that their assigned BWC is downloaded/uploaded during their shift as needed or at the completion of their shift. Media captured via the BWC shall only be downloaded/uploaded to Department-approved secure storage.

450.4.1 SUPERVISOR RESPONSIBILITIES

Supervisors will ensure that officers utilize the BWC according to these policy guidelines.

Supervisors shall ensure videos related to Officer-Involved Incidents, as defined in Foster City P.D. Policy 310, are uploaded/downloaded as soon as possible following the event or as requested by a Supervisor.

Supervisors completing a Use of Force investigation where a BWC was used shall review the video and follow procedures set forth in Foster City P.D. Policy 300.

Supervisors may view an applicable video(s) prior to contacting a citizen regarding a possible citizen complaint. The information gathered during the viewing of the video(s) may be used during a Supervisor's efforts to reasonably resolve the situation with the citizen. Digital evidence captured by BWC shall be treated as an official record and handled pursuant to existing Department policies and procedures. All complaints will be handled in accordance with Foster City P.D. Policy 1020.

450.5 ACTIVATION OF THE PORTABLE RECORDER

This policy is not intended to describe every possible situation in which a portable recorder should be used, although there are many situations where its use is appropriate or required.

BWC's, specifically shall be activated in any of the following situations:

a. All enforcement and investigative contacts, during pursuits, while assisting stranded motorists, and during evidence collection.

1. Traffic Stops: Officers are expected to activate their BWC prior to exiting their vehicle to make initial contact. If the BWC is not activated prior to exiting the vehicle, it shall be activated prior to making initial contact.

2. Calls for Service: Officers shall activate their BWC prior to making initial contact with involved parties or prior to arriving at the scene of an incident.

b. Self-initiated activity (E.g. Enforcement activity such as Traffic enforcement, Field Identifications, contact with suspicious persons/vehicles, DUIs, Ped Stops, Consensual contacts) in which a member would normally notify the Communications Center

c. Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording.

Members should remain sensitive to the dignity of all individuals being recorded and exercise sound discretion to respect privacy by discontinuing recording whenever it reasonably appears to the member that such privacy may outweigh any legitimate law enforcement interest in recording. Requests by members of the public to stop recording should be considered using this same criterion. Recording should resume when privacy is no longer at issue unless the circumstances no longer fit the criteria for recording.

At no time is a member expected to jeopardize his/her safety in order to activate a portable recorder or change the recording media. The BWC shall be activated in situations described above as soon as reasonably practicable.

Absent a deliberate intent not to comply or repeated pattern of non-compliance, a failure to activate the BWC shall not alone constitute cause for discipline.

450.5.1 WHEN TO DEACTIVATE

In most circumstances, body-worn camera recordings shall not be intentionally terminated until reaching the conclusion of an encounter. Exceptions to this rule may include the following:

1. When engaged in privileged conversations with individuals with whom the officer is in a privileged relationship (e.g., spouse, attorney, police peer counselor, labor representative, minister, etc.)

Anytime a recording is intentionally terminated prior to the end of an encounter, the reason(s) should be documented verbally on the BWC recording before deactivation and in the subsequent police report. If no police report is filed, but a citation has been generated, the reason(s) for the early termination should be recorded on the citation.

450.5.2 ADVISEMENTS AND CONSENT

Generally, officers are not required to advise or obtain consent to utilize the BWC from a private person when:

A. In a public place; or

B. In a location where there is an expectation of privacy (e.g., inside a building or dwelling), but the officer is lawfully present.

However, when initiating a police action as described in Section 450.5 (When to Activate), officers, when asked about by a citizen, should advise persons they are being recorded with the BWC, unless the officer has reason to believe that doing so will endanger his or her own safety, the safety of another officer, or the safety of a member of the public or will interfere with an investigation.

When an officer's legal grounds for a search of a residence is based solely on consent and the officer(s) conducting the search plan to record the search using their BWC, they are required to both advise and obtain consent to record with a BWC from the person, with legal standing, who is being recorded and/or searched. This does not apply to crimes in progress or other circumstances that would allow the officer to be lawfully present without a warrant. This section does not prevent an officer from conducting a consent search when a BWC is not in their possession.

450.5.3 WHEN NOT TO ACTIVATE

Officers are not required to activate the BWC system during incidental contact with a citizen or routine activity (e.g., giving directions or on lunch breaks, routine walkthroughs, meal pickups).

Officers will not knowingly activate the BWC in the following circumstances:

A. A potential witness who requests to speak to an officer confidentially or desires anonymity as described in Section 450.5.5 (Victim and Witness Statements)

B. A victim or witness who requests that he or she not be recorded and the situation is not confrontational as described in Section 450.5.5 (Victim and Witness Statements)

C. A victim who requests that he or she not be recorded as a condition of cooperation and the interests of justice require such cooperation as described in Section 450.5.5 (Victim and Witness Statements)

D. With undercover officers, except in the course of criminal investigation

E. Strip Searches

F. Doctor's or lawyer's offices, unless taking the police actions stated in Section 450.5

G. Medical or hospital facilities, unless taking the police actions stated in Section 450.5

H. Other places where individuals unrelated to the investigation are present and would have a reasonable expectation of privacy, unless taking the police actions stated in Section 450.5

I. To surreptitiously record any Department member without their consent, a court order, or unless lawfully authorized by the Chief of Police or designee for the purposes of a criminal investigation

J. The monitoring of persons based solely upon the person's political or religious beliefs or upon the exercise of the person's constitutional rights to freedom of speech and religious expression, petition and assembly under the United States and California Constitutions, or because of the content or viewpoint of the person's protected speech is prohibited; however, the activation of a BWC is authorized if an officer believes those involved in a protected activity are becoming adversarial (refer to section 450.5 )

K. Any non-work related activities

L. While inside the county jail intake area (processing area not included)

450.5.4 WHEN TO POWER OFF

Officers shall have their BWC powered off in the following circumstances:

a. While in public or private locker rooms (PD included), changing rooms, and restrooms unless taking the police actions stated in Section 450.5

b. Officers shall turn off their BWC or place their BWC in "Sleep Mode," while at the police department unless taking police actions as stated above.

450.5.5 VICTIM AND WITNESS STATEMENTS

When conducting an investigation, the officer shall attempt to record the crime victim or witness' statement with the BWC. The recording may be valuable evidence that contributes to or compliments an investigation. While evidence collection is important, the Department also recognizes it is important for officers to maintain credibility with people wanting to share information with law enforcement.

On occasion, an officer may encounter a reluctant crime victim or witness who does not wish to make a statement on camera. In these situations, the officer should continue to develop rapport with the individual while balancing the need for evidence collection with the individual's request for privacy.

Should the officer use discretion and not record the crime victim or witness statement with the BWC, the officer should document the reason for not fully recording the statement with the BWC. In these instances, officers may still record with an audio recorder.

Refer to Section 450.5.3 (When Not to Activate) for circumstances regarding when to not record a victim or witness statement.

450.5.6 EXPLOSIVE DEVICE

Many portable recorders, including BWC's and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices, including BWCs, should be powered off where an explosive device may be present.

450.6 UNAUTHORIZED ACCESS & USE OF CAMERA FILE INFORMATION

All body-worn camera recordings shall remain the property of the Department and constitute official records of investigation of the Department.

Unauthorized access to, or use, duplication, and/or distribution of body-worn camera files is prohibited. Personnel shall not make copies of any body-worn camera file for their personal use and are prohibited from using a recording device such as a phone camera or secondary video camera to record body-worn camera files.

Personally owned body-worn cameras shall not be used while on duty.

450.6.1 DOCUMENTING USE OF THE BODY-WORN CAMERA

Officers should not substitute a BWC recording for a detailed and thorough report. Personnel should continue to prepare reports as outlined in the Policy Manual.

Exception: Officers involved in an Officer-Involved Incident as described in Section 450.9.

When a report is generated (includes supplemental narratives), the existence of a BWC file will be noted in the report. The primary officer is also expected to reference the existence of BWC files that are uploaded by other officers. If no report is filed, but a citation is generated, the existence of a BWC file will be noted in the citation notes.

450.7 IDENTIFICATION AND PRESERVATION OF RECORDINGS

To assist with identifying and preserving data and recordings, officers should download, tag or mark these in accordance with procedure and document the existence of the recording in any related case report.

An officer should transfer, tag or mark recordings when the officer reasonably believes:

(a) The recording contains evidence relevant to potential criminal, civil or administrative matters.

(b) A complainant, victim or witness has requested non-disclosure.

(c) A complainant, victim or witness has not requested non-disclosure but the disclosure of the recording may endanger the person.

(d) Disclosure may be an unreasonable violation of someone's privacy.

(e) Medical or mental health information is contained.

(f) Disclosure may compromise an undercover officer or confidential informant.

Any time an officer reasonably believes a recorded contact may be beneficial in a non-criminal matter (e.g., a hostile contact), the member should promptly notify a supervisor of the existence of the recording.

450.7.1 ADMINISTRATIVE REVIEW OF BODY-WORN CAMERA FILES

It is not the intent of the Department to review BWC files for the purpose of general performance review of individual officers or to proactively discover policy violations. In addition to the required audit process (450.7.2), supervisors should, on a reasonable basis, review BWC files to ensure that BWC equipment is functioning properly, and that officers are adhering to this policy. Supervisors shall review any available BWC recordings of the following types of incidents:

• Vehicle pursuits

• Incidents involving use of force or resisting arrest

• Citizen complaints (whether formal or informal) upon Department personnel

• Incidents resulting in injury to officers

Supervisors and Internal Affairs personnel may access BWC files for administrative investigations limited to the specific complaint against the officer.

Inadvertent discovery of other allegations during this review shall require the Supervisor or Internal Affairs personnel to articulate the reason for expanding the scope of the investigation.

Supervisors who inadvertently discover minor, non-criminal policy violations will continue to have discretion to resolve the violation with training or informal counseling. Should the policy violation rise to the level of more formal discipline, the Supervisor will adhere to policies set forth in the Policy Manual.

Exception: Field Training Officers (FTO) and the Field Training Program Lieutenant may view body-worn camera files to evaluate the performance of an officer in the Field Training Program.

450.7.2 AUDIT/COMPLIANCE REVIEW OF BODY-WORN CAMERA USE & EQUIPMENT

An audit process is in place to check system and equipment operations, and employees' adherence to this policy. Specific policy violation information will not be included in audit documentation.

Supervisors who inadvertently discover minor, non-criminal policy violations will continue to have discretion to resolve the violation with training or informal counseling. Should the policy violation rise to the level of more formal discipline, the Supervisor will adhere to policies set forth in the Policy Manual. Although a supervisor may resolve minor policy violations, a violation specific to Policy 450 must still be reported in order to maintain the integrity of this audit/compliance review process.

A.Monthly Audit Review:

1.Supervisors overseeing officers issued BWC's shall generate a monthly BWC audit for each employee assigned to them. A minimum of two BWC videos will be audited for every applicable employee per month.

2.Lieutenants shall generate a monthly BWC audit for each of their assigned supervisors. A minimum of two BWC videos will be audited for every applicable employee per month.

3.The patrol captain will arrange for the completion of BWC audits for any lieutenant, captain, or police chief BWC videos. The assigned auditor shall be someone other than the person assigned the BWC being audited.

4. Monthly BWC audits are to be completed within the month being audited.

B. Rotational/6 Month Compliance Review:

1.Patrol supervisors shall complete a compliance review for each employee assigned to them prior to the end of every shift rotation. Lieutenants shall complete compliance reviews for all patrol supervisors in accordance with this schedule.

2.Sergeants in an administrative assignment shall complete a compliance review for each administrative officer every 6 months (January–June / July–December). Lieutenants shall complete compliance reviews for all sergeants in an administrative assignment in accordance with this schedule.

3.Rotational compliance reviews are to be completed prior to the end of the rotation being audited.

4. Compliance reviewer shall:

(a) Randomly select one BWC video for each employee they supervise which:

(i) is at least ten minutes in duration              

(ii) has an associated RMS report

(b) Compare the body-worn video, along with in-car camera video, if captured, and the associated report, to ensure compliance with this policy.

(c) If a ten-minute video with an associated report does not exist for any reason, another video of shorter duration may be reviewed for the compliance review. If no options exist, such as for a new officer at the end of a rotation, "N/A" will be entered on the audit/compliance review document.

C.Audit/Compliance Review Documentation

1.Monthly audits and Rotational compliance reviews will be recorded using provided electronic documents.

2.All documentation will be stored electronically with appropriate access restrictions in place.

3. New audit/compliance review documents will be created for each new calendar year.

4. The patrol captain will provide the Chief of Police with a 6-month memorandum detailing the general results of the audits and compliance reviews. Six-month memorandums will be for January – June and July – December each year.

450.7.3 TRAINING WITH BODY WORN CAMERA FILES

A BWC file may be utilized as a training tool for individuals, specific units, and the Department as a whole with the involved officers' permission. Department personnel recommending utilization of a BWC file for training purposes will submit the recommendation through the chain of command to the in-house Training Lieutenant.

Exception: Field Training Officers may use BWC files to provide immediate training to recruits and to assist with the completion of the Daily Observation Report (DOR).

450.7.4 PRE-RECORDING, POST-RECORDING, AND VIDEO RECALL

a. Overview:

1. The BWC system has Pre-Recording, Post-Recording, and "Video Recall" capabilities. These are powerful tools that can be used to retrieve and capture video (no audio). This is possible because the device is constantly buffering video while powered on.

2. Summary:

a. Pre-recording: Each time the BWC is activated, the device automatically prerecords and saves 30 seconds of video from before the moment the device was activated.

b. Post-recording:Each time the BWC is de-activated, the device automatically post-records and saves 0 seconds of video from after the moment the system was de-activated.

c. Video Recall: Under certain circumstances, which are explained below, BWC video may be retrieved for up to approximately 18 hours before the device was activated, depending upon memory requirements and use.

b. Incidents Subject to Video Recall Retrieval:

1. At the direction of any member of Management, officers shall make their BWC available in order to make retrievable, any existing Video Recall Recordings from the BWC for any incident or event as noted below when they were unable to, neglected to, or forgot to, activate the system in a timely fashion:

a. Any use of force

b. Any critical officer-involved incidents

c. Any officer-involved traffic collision

d. Any arrest (including criminal cite and release arrests)

e. All searches, including probation, parole, consent, or search warrants

f. Any incident involving a citizen complaint or anticipated complaint

g. Any other incident or event, where, in the opinion of the officer or the Chief of Police, the video may be of value

c. Retrieval of Officer's Own Video Recall Recordings on BWC:

1. The BWC system does not allow for individual officers to retrieve Video Recall video.

2. If an officer believes it is necessary to retrieve their own Video Recall video from the BWC system, they must consult with a Supervisor as soon as practicable, and in no circumstance by later than the end of his/her shift, so the Supervisor can seize the BWC (powering it off to prevent further buffering) and arrange with a member of Command Staff or an authorized BWC Technician, to retrieve and capture the Video Recall Recordings.

d. Retrieval of Other Officer's Video Recall Recordings on BWC:

1. Whenever an officer becomes aware of any incident or event involving any other officer, where a BWC was not activated and the event meets the criteria met in 450.7.4(B)(1) (or the activation may have been insufficient to capture the entire incident or event), he/she shall notify the on-duty Watch Commander as soon as practicable, and in no circumstances by later than the end of their shift.

2. The Watch Commander shall inform the Chief of Police, or his/her designee, so he/ she can make a determination as to whether or not the Video Recall Recordings should be retrieved and captured.

3. If the Chief of Police, or his/her designee, authorizes the retrieval and capture of Video Recall Recordings, only the video from the beginning of the specific incident to the end of the incident with an extra 30 seconds included before the incident and 0 seconds after the incident (consistent with the automatic pre-recording and post-recording) shall be captured.

4. Video Recall Recordings shall not be used to conduct a routine review of employee actions.

e. Exceptions: 1. No deviations to this policy shall be made except under extraordinary circumstances (e.g., a critically-injured officer with a need to identify a suspect, etc.) or as specifically authorized by the Chief of Police or his/her designee.

450.8 RECORDING MEDIA STORAGE AND INTEGRITY – RETENTION

All video and audio media is automatically uploaded via the BWC system to secured digital storage.

All recordings shall be retained for a minimum of two years. Exceptions are to be authorized through a Lieutenant or other member of Management.

Recordings containing evidence that may be relevant to a criminal prosecution should be retained for any additional period required by law for other evidence relevant to a criminal prosecution (Penal Code § 832.18). Records or logs of access and deletion of recordings should be retained permanently (Penal Code § 832.18).

450.8.1 COPIES OF ORIGINAL RECORDING MEDIA

Video and audio recordings shall not be used for any purpose other than those listed in this policy. Recordings shall only be used for official police business. A copy of the original video and audio recording will be made upon proper request for any authorized person.

Original recording media (actual BWC) may only be released in response to a court order or upon approval by the Chief of Police or an authorized designee. In the event that the original recording media is released to a court, a copy of the applicable video file shall be made and placed in storage.

450.8.2 BWC RECORDINGS AS EVIDENCE

In all cases that are being sent to the District Attorney for prosecution, or review for prosecution, or whenever a BWC recording is determined by an officer or a Supervisor to be pertinent evidence in a police investigation, the member shall add the BWC video to a case via Evidence.com. Members should include all applicable videos to the case. The digital evidence shall be retained in accordance with existing evidence procedures as long as required for investigative purposes, court procedures, or existing law requirements.

450.8.3 ACCIDENTAL RECORDINGS

In the event of an accidental activation of the BWC where the resulting recording is of no investigative or evidentiary value, the recording officer may categorize that file using the preset category titled "Accidental"

Any officer categorizing a file in the "Accidental" category shall submit an email to both Lieutenants and the officer's direct supervisor (if applicable). This email shall be submitted during the same shift in which the file was categorized as an accidental recording and will include a brief explanation as to why the file has been categorized in the "Accidental" category.

A Lieutenant will review the submitted email along with the file. The reviewing Lieutenant will ensure the file is not associated with a police contact or CAD event. No files associated with an official police contact, CAD event, or any pending litigation or complaint is eligible to be placed in the "Accidental" category.

Files categorized as accidental recordings are only accessible by members of the police management group. All files in this category will be scheduled for automatic deletion in accordance with the Department's record retention policy.

450.9 OFFICER INVOLVED INCIDENTS The Department recognizes that the video images captured on the BWC files are two dimensional and cannot always capture the entire scene due to a number of limiting factors. The BWC files should be considered but one piece of evidence collected from a scene or incident and not a singularly inclusive piece of evidence.

An Officer-Involved Incident includes:

(a) Officer-involved shootings,

(b) In-custody deaths, and

(c) Any intentional act by an officer, which proximately causes injury likely to produce death to another.

Following an Officer-Involved Incident, involved officers herein defined as both involved officers and witness officers to the incident, personnel and their representative(s) shall not view their video, or any video capturing their image or the incident on any device.

The initial interview of an officer involved in an Officer-Involved Incident should occur before the officer has reviewed any audio/video recordings of the incident. Once an involved officer has provided an initial statement, he/she will have an opportunity to review any available recordings with his/her representative during a follow-up interview.

Investigators will be mindful that audio/video recordings have limitations and may depict events differently than the events are recalled by an involved officer. When the investigator shows any audio/video recordings to an involved officer after the initial interview, the investigator will inform the involved officer about the limitations of audio/visual recordings. Refer to San Mateo County Officer Involved Critical Incident Protocol.

In those situations where a Crime Scene Supervisor is charged with the collection of evidence, the Crime Scene Supervisor will, as soon as safe and practical, retrieve the BWC from the involved officer at the scene. The Crime Scene Supervisor will be responsible for assuring the BWC file is uploaded/downloaded.