Santa Monica Police Department Body Worn Camera Policy

Portable Audio/Video Recorders

425.1 PURPOSE AND SCOPE

Contemporary police departments increasingly utilize an array of audio/video technology

to further the mission of their organizations. The Santa Monica Police Department is

incorporating portable audio/video recording technology, in the form of body-worn

cameras, into its inventory to provide supplement documentary evidence for criminal

investigations, internal or administrative investigations, and to review police procedures

and tactics.

This policy provides the Department’s members, both sworn and civilian field and custody

personnel, with guidance on the use of portable audio/video recording devices during

their official duties. Portable audio/video recording devices include all recording systems,

whether body-worn, hand-held or integrated into portable equipment. Members are to

utilize these devices in accordance with the provisions of this policy to maximize the

effectiveness of the audio/video documentation, to achieve operational objectives, and to

ensure evidence integrity.

This policy does not apply to lawful surreptitious audio/video recording, interception of

communications for authorized investigative purposes, or to mobile audio/video

recordings. (Also refer to Policy Manual § 446 Mobile Audio Video for in-car camera

system.)

425.2 POLICY

The Santa Monica Police Department may provide its members with access to portable

body worn audio/video recorders for use during the performance of their official duties.

The use of portable audio/video recorders is intended to enhance the mission of the

Department by accurately capturing on-duty interactions between members of the

Department and the public.

Portable audio/video recorders shall be issued only after the device has been configured

so the “record after the fact” function has been disabled; enabling this feature at any point

shall be considered a violation of this policy.

425.3 MEMBER PRIVACY EXPECTATION

All recordings made by members acting in their official capacity shall remain the property

of the Department whether or not those recordings were made with department-issued

audio/video recorders. Members shall have no expectation of privacy or ownership

interest in the content of these recordings.

425.4 MEMBER RESPONSIBILITIES

Before going into service, each member will be responsible for making sure that he/she

is equipped with a portable audio/video recorder issued by the Department. It is the

member’s responsibility to ensure the recorder is generally in good working order by

verifying that the battery is fully charged, the visual display screen is functioning, and the

microphone is not obstructed. Members shall not wear an audio/video recorder that is

clearly damaged or otherwise is not functioning properly due to low battery charge,

damage, malfunction or memory exceeding capacity. If the recorder is not in good

working order or malfunctions at any time, the member shall promptly report the failure to

his/her supervisor and obtain a functioning device as soon as practicable. Members shall

report unresolved equipment malfunctions/problems to the System Administrator for

replacement of the audio/video recorder.

It is the responsibility of the member to position and securely attach the audio/video

recorder to the front of his/her uniform or uniform equipment (as the primary location) to

provide the best vantage point to record contacts with the public.

Upon initial contact with the public, members should make a reasonable effort to inform

the person contacted that he/she is being recorded if doing so facilitates cooperation

and/or compliance, assists with an investigation, does not interfere with the investigation

being conducted or does not compromise officer safety.

At the end of his/her shift or other period of use or, if needed, during his/her shift, the

member shall dock his/her issued audio/video recorder in the appropriate docking station

to ensure the device’s storage capacity is not exceeded.

An officer assigned to the Traffic Section’s Motorcycle Unit who operates a Department

motorcycle shall dock his/her camera at the end of his/her shift and then take his/her

assigned motorcycle home. It is the responsibility of the officer to pick up his/her camera

as soon as practical at the beginning of his/her next shift/assignment. It is recognized

that motorcycle officers may make enforcement stops while traveling to and from work

which may result in those stops not being recorded on the portable audio/video recorder.

425.5 ACTIVATION OF THE PORTABLE RECORDER

There are many situations where the use of a portable audio/video recorder is

appropriate. This policy is not intended to describe every possible situation in which the

portable audio/video recorder should be used. In addition to the required activation

criteria, a member should activate the system any time he/she feels the use of an

audio/video recorder would be appropriate and/or valuable to document the incident.

Unless it is unsafe or impractical to do so, or mechanical issues which impede the use of

the device are present, the wearer (including both primary and any/all assisting

personnel) of a portable audio/video recorder shall make a reasonable effort to activate

his/her audio/video recorder before making contact in any of the following circumstances:

a. Enforcement encounters where there is a reasonable suspicion that the person is

involved in criminal activity or a violation of law. This includes, but is not limited to,

dispatched calls for service, self-initiated activities, traffic stops, stranded motorist

assistance stops, crime interdiction stops (Wall stops), pedestrian checks, or any

other investigative detentions, arrests, or enforcement encounters.

b. Consensual encounters made to confirm or dispel a suspicion that the citizen may

be involved in criminal activity as a suspect, victim, or witness. This does not

include victims of sexual assault.

c. Assessment or evaluation for a psychiatric detention/hold (WIC 5150)

d. Serving search or arrest warrant.

e. Conducting any of the following searches of a person and/or property:

a. Incident to arrest

b. Cursory

c. Probable cause

d. Probation/Parole

e. Consent

f. Inventory

Exception:

Strip searches

shall not

be recorded; it shall be a violation of this

policy to audio/video record any strip search.

f. Any other contact that becomes adversarial after the initial contact if the situation

would not otherwise require recording.

g. A member may activate the audio/video recorder before or during any other

incident at his/her discretion provided the recording of the incident is not otherwise

prohibited by the provisions of this policy.

h. Any time the mobile/in-car camera system is activated and the member is outside

of the police vehicle.

i. Upon the order of a higher ranking member.

j. During crowd control, protest, or mass arrest incidents, members shall use their

audio/video recorders consistent with this policy unless otherwise directed by the

Incident Commander. The Incident Commander shall document his/her orders in

the appropriate reports (Operations Plan or After Action Report). The Incident

Commander is to provide the order to all personnel.

Members shall be sensitive to the dignity of all individuals being recorded. Members are

to exercise sound judgment and exercise discretion when the respect for privacy indicates

that discontinuing audio/video recording is prudent because it reasonably appears to the

member that such privacy may outweigh any legitimate law enforcement interest in the

recording. Recording should resume when privacy is no longer at issue unless the

circumstances no longer fit the criteria for recording.

Requests by members of the public to stop recording should be considered using the

activation criteria listed above; however, if the employee believes the contact remains

consistent with the activation criteria, the employee shall continue to record the contact.

At no time is a member expected to jeopardize his/her safety in order to activate or

deactivate a portable audio/video recorder. However, the recorder should be activated in

situations described above as soon as practicable.

Unless articulable circumstances exist, members who are assigned a portable

audio/video recorder should not record or should discontinue recording when the

following situation(s) exist:

a. Interviewing the victim of a sexual assault or domestic violence after the initial

response to the call-for-service.

b. Interviewing a minor child who is the victim of any crime after the initial response

to the call-for-service.

c. In a hospital emergency room or other medical facility where the privacy of

patients, including patients not part of the member’s call/activity, should be

considered.

d. When in view of a medical or other personal procedure. This includes when a

person’s private health information is being discussed.

e. When a member of the public is in any state of undress or other compromising

situation.

Except

: If the officer is intending/attempting to arrest or detain the

person. In cases of encounters with nude subject(s), a reasonable effort shall be

made to cover the individual as soon as is practical.

f. An ambulance response to a traffic collision or report of an illness/injury when the

victim(s)/party is not involved in any criminal activity.

g. Any reasonable and articulable circumstance where the privacy of the

individual(s) to be recorded outweighs any investigative need or need for

audio/video documentation.

h. During non-enforcement contacts including, but not limited to, community

meetings, in houses of worship, when providing directions or information, etc.

i. Meeting with a confidential informant as defined in Department Policy.

j. Guard duty at a medical, psychiatric, Jail/Detention facility. Members shall

assess the circumstances of each guard assignment, on a continuing basis to

determine whether prudence warrants activating or deactivating the audio/video

recorder.

Members are not required to obtain consent to record from a private person when:

1. In a public place.

2. In a location where there is no reasonable expectation of privacy (i.e., inside

a building or dwelling where the officer is lawfully present and is engaged in

the performance of official duties).

425.5.1 DEACTIVATION OF RECORDING DEVICE

Once activated, the portable audio/video recorder should remain on continuously until the

member’s direct participation in the incident is complete or the situation no longer fits the

criteria for activation. Recording should be stopped during significant periods of inactivity

such as report writing, meal breaks, or other breaks from direct participation in an incident

when it is reasonable to believe no criteria for a required activation are present.

Members shall cease audio/video recording whenever necessary to ensure

conversations are not recorded between a person in custody and the person’s attorney,

religious advisor or physician, unless there is explicit consent from all parties to the

conversation (Penal Code § 636).

Other reasons for deactivating audio/video recorders when the device was activated as

required by this policy include:

a. Member receives an order from a higher ranking member.

b. During discussions of administrative, tactical or law enforcement sensitive

information which are away from the public.

c. Member is at a location where he/she is not likely to have an interaction or

chance interaction with a suspect/person of interest (i.e., outer perimeter

post, traffic control post, etc.).

d. The searches requiring activation have concluded and the member

reasonably believes he/she will have no further interaction with the person

searched.

e. The location of the recording may compromise privacy or patient

confidentiality.

f. The member is interviewing an informant for the purpose of intelligence

gathering. At the conclusion of the interview, the audio/video recorder shall

be re-activated until no longer required by policy.

After a member deactivates his/her audio/video recorder, it is his/her responsibility to

ensure the audio/video recorder is reactivated should the circumstances necessitate

activation.

When a member activates his/her audio/video recorder and the activation was not

required by policy and the circumstances do not require continued recording, he/she may

use his/her discretion when deciding to deactivate the audio/video recorder.

425.5.2 DOCUMENTATION OF AUDIO/VIDEO RECORDINGS

Members shall document the existence and review of recordings in any report or other

official record. Instances where the audio/video recorder malfunctioned or the member

delayed activation or deactivated the audio/video recorder shall also be documented.

When the recorder activation is delayed or the recorder is deactivated, the reason for

these actions shall be included in the report.

Documentation shall be provided in at least one of the following reports, as appropriate:

1. Crime/Incident Report

2. Arrest Report

3. Citation or Notice to Appear

4. Field Interview Card

5. CAD Notes

Members shall continue to prepare crime and incident reports, citations, arrest reports,

field interview cards, and CAD notes in the same manner as before the implementation

of the audio/video recording system. Members are not to substitute “refer to video” in lieu

of preparing detailed thorough reports. Members need not quote entire verbatim

statements made in the video recording, but should represent statements in their reports

as a summary of what is contained in the video with occasional quoted references where

necessary.

425.5.3 SURREPTITIOUS USE OF THE PORTABLE RECORDER

Members of the Department may surreptitiously record any conversation during the

course of a criminal investigation in which the member reasonably believes that such a

recording will be lawful and beneficial to the investigation (Penal Code § 633).

Members shall not surreptitiously record another Department member without a court

order and the express approval of the Chief of Police or his/her designee.

425.6 PROHIBITED USE OF PORTABLE RECORDERS

Members are prohibited from wearing or using personally owned video recording devices

in place of (or in conjunction with) their issued audio/video recorder while acting in an

official capacity. Only department-authorized and issued equipment is to be used on-duty.

Members shall not remove, dismantle, or tamper with any hardware/software component

or part of the audio/video recorder.

Members are prohibited from using department-issued portable recorders and recording

media for personal use, and are prohibited from making personal copies of recordings

created while on-duty or while acting in any official capacity.

Unauthorized use, duplication, editing, deletion, and/or distribution of audio/video

recorded files is prohibited. Members are strictly prohibited from using a recording device

such as a phone camera or secondary video camera to record audio/video files.

Members are prohibited from retaining recordings of activities or information obtained

while on-duty or while acting in any official capacity whether or not the recording was

created with department-issued or personally owned audio/video recorders.

Members shall not duplicate or distribute any audio/video recordings, except for

authorized legitimate Department business purposes.

Recordings shall not be used by any member for the purpose of

embarrassment, intimidation or ridicule. Audio/video recorders shall not be used to

record off-duty or non-work-related activity. Audio/video recorders shall not be activated

in places where a reasonable expectation of privacy exists, such as locker rooms,

dressing rooms, or restrooms.

Members shall not use the audio/video recording functions to record any personal

conversation of or between another Department member without the recorded

member’s/employee’s knowledge or permission.

All recorded images and audio from the portable audio/video recorders are the property

of the Santa Monica Police Department and shall not be copied, released, or

disseminated in any form or manner outside the parameters of this policy without the

express written consent of the Chief of Police or his/her designee.

425.7 REVIEW OF RECORDINGS

Although data captured by the portable audio/video recorder is not considered Criminal

Offender Record Information (CORI), it shall be treated in the same manner as CORI

data. All access to the audio/video data storage system is logged and is subject to audit

and inspection at any time. Access to the data from the system is permitted on a right-

to-know, need-to-know basis. Employees authorized pursuant to this policy may review

audio/video recording according to the provisions of this policy.

Once uploaded to the data storage system, a member may view his/her own audio/video

data. The system will automatically date/time stamp each access by officer name.

A member may review audio/video files as doing so relates to:

a. His/her involvement in an incident for the purposes of preparing official reports

and completing a criminal investigation.

b. When exigent circumstances occur, such as an employee being injured, and

reviewing the video would facilitate identifying the suspect or providing other

pertinent information.

c. Before providing courtroom testimony or for a courtroom presentation.

d. During the course of preliminary investigations of alleged misconduct or reports

of meritorious conduct where such recordings would be beneficial in reviewing

the member’s performance.

e. Providing a statement pursuant to any administrative investigation.

Supervisor Review

1. On a monthly basis, each member’s supervisor shall conduct a random

review of no more than five incidents captured on the audio/video recorders

of each of his/her subordinate personnel.

2. Following a review of any associated reports, CAD/RMS print-outs, in-car

camera video, and radio transmissions, the supervisory review of

subordinate audio/video recordings shall include an assessment of:

a. Performance

b. Training needs

c. Policy compliance

d. Consistency between written reports and video files.

Where performance concerns are identified, these concerns are to be

discussed with the affected employee in accordance with existing

Department policies.

3. When a supervisor is conducting the preliminary investigation concerning a

use of force or vehicle pursuit, he/she shall review the audio/video

recordings of the members who were directly involved or who were

witnesses.

4. A supervisor may have the ability to immediately resolve a citizen

complaint(s) by reviewing audio/video recordings. In those circumstances

where a complaint is resolved with no further action needed, the supervisor

shall document the circumstances in a Department memorandum and

forward the memorandum to the Professional Standards Section: Internal

Affairs Unit. This will allow Professional Standards personnel to capture

and track incidents that are resolved by the audio/video system.

5. It shall be deemed a violation of this policy for any supervisor/manager to

review recordings for the sole purpose of searching for violations of

Department policy not related to a specific complaint or incident not

associated with the assessment of employee performance as indicated

elsewhere in this policy.

Criminal Investigations

1. When conducting a criminal investigation, CID detectives shall notify the

System Administrator to restrict the public disclosure of the audio/video file, as

necessary.

2. CID detectives shall determine whether the audio/video file is of evidentiary

value and process it in accordance with established protocols for technology-

based evidence.

3. CID detectives shall notify the System Administrator to remove the access

restriction when the criminal investigation is closed.

425.8 REQUESTS FOR AUDIO/VIDEO DATA FILES

A. Departmental Requests

Any member who requires a copy of an audio/video file(s) for court shall contact

his/her immediate supervisor/sergeant or administrator/lieutenant. If neither is

available, the member shall contact the System Administrator.

1. Any copy(ies) of an audio/video recording which is not entered

into evidence shall be returned to the supervisor/manager or the

System Administrator for destruction.

B. Audio/Video File Requests for Training

An audio/video file may be utilized as a training tool for individuals, specific units,

and/or the Department as a whole. A recommendation to utilize an audio/video

file for such purpose may come from any source.

A person recommending the utilization of an audio/video recording file for training

purposes shall submit a memorandum documenting the reason for the request

through the chain-of-command to the Commanding Officer of the Department’s

Professional Standards Section: Training Unit. The Training Section supervisor

shall review the recommendation and determine how to best utilize the audio/video

file. Decisions to utilize the audio/video file must consider the person(s) involved,

the sensitivity of the incident, and the benefit of utilizing the video file versus other

means of delivering the training (i.e. Training Bulletin, Incident Debrief, etc.).

1. If the involved employee objects to the showing of an audio/video

recording, his her objection will be submitted to the Chief of Police

or his/her designee to determine if the employee’s objection

outweighs the training value.

C. External Requests

1. All other requests for audio/video data files shall be accepted and

processed in accordance with federal, state and/or local statutes, and

City/Police Department policy (i.e., Public Records Act requests).

2. Media inquiries and/or requests shall be received and processed in

accordance with Department policy.

D. The Chief of Police shall retain sole discretion regarding the public release of

audio/video files in those circumstances where the value of preserving community

confidence and safety outweighs the interests associated with not releasing the

audio/video files. The Chief of Police, or his/her designee, will notify the concerned

employee(s) within a reasonable time before publicly releasing the video footage.

425.9 RETENTION OF RECORDINGS

425.9.1 RETENTION REQUIREMENTS

All recordings shall be retained for a period consistent with the requirements of the

organization’s records retention schedule.