ON THE JOB JUST HANDED DOWN PUBLIC SAFETY IT SOLUTIONS


Body Cameras: Take A Time-Out!


Consider the unintended consequences. By J.T. McBride I Guest Commentator


esanow@hendonpub.com Lt. Ed Sanow


A


cross the nation, thousands of local law enforce- ment agencies are pondering the acquisition of body cameras for use by patrol offi cers on the beat. Hundreds of articles about this interesting trend, prompted mostly by growing numbers of complaints of excessive force across the land, have fl ooded media airways and print media, addressing important issues such as body cam unit costs and equipment features (especially those relating to body cam-related records management). A review of literary fi les and media records indicates that some feel that a broader use of body cams will mostly likely reduce the number of complaints against the police relating to allegations of aggressive force. This position apparently rests upon the concept that police offi cers will likely perform ‘better’ if they know they are on camera.


A smaller portion of the authors penning these columns and stories seems to suggest that body cam use, coupled with expanded training of offi cers on topics such as crisis in- tervention and community policing, can even rebuild some of the trust formerly existing between American police and minority communities.


While various applications of improved technology have obviously proven invaluable to contemporary law enforce- ment in many ways, the stampede toward body cam use may result in signifi cant unanticipated litigation. What happens, for example, when offi cers enter a private home to investi- gate a complaint and fi nd one or both occupants are naked? If the police turn off their cameras at that point, then the whole purpose of using body cameras is negated. If they don’t, and the images are not edited from the downloaded public record, then serious issues of privacy will arise. At the same time, what if offi cers enter a home to handle a mental health crisis, and one or more of the people pres- ent there disclose, on video and audio, confi dential health- related information about themselves or another person. Do the details relating to that conversation become part of the downloaded public record, or will the agency have to edit the


audio and video record to protect the medical privacy of the individuals in question? What if a police offi cer, wearing a body cam, arrives at a


traffi c crash scene, exits his/her car, and walks over to an EMT treating an accident victim. The EMT is talking to the hospital about the victim’s medical condition. Is any part of that con- versation protected by state privacy laws? Are state privacy, mental health and medical laws being adjusted to deal with the massive adoption of body cams by local police agencies? If offi cers can turn cameras off and on themselves, doesn’t that invite abuse? If agencies can “edit” video and audio re- corded by body cams, then how reliable are they as evidence? If state laws allow video and audio editing, who absorbs the cost of the editors? Do the “outtakes” have to be preserved? If so, for how long? At what point do body cam-related videos and audios become public records?


One can conjure up dozens of incidents where privacy and medical issues and other issues will become more important than applications of force. One way to curtail the number of lawsuits certain to follow the body camera craze is to en- sure that body cam-related procedures are not drafted in silos but crafted by teams of law enforcement offi cials, attor- neys, liability insurance agency experts, and citizens. All of the stakeholders must be involved in order to adopt the best possible solution.


Body cams can prove to be extremely benefi cial to all Americans, but only if extra time is taken by agencies to perform due diligence before the decision to utilize body cameras is fi nally made.


Chief J.T. McBride, C.L.E.E., has acquired more than 40 years of Ohio law enforcement experience and is an instructor of criminal justice at Lakeland Community College. He may be reached at chiefjtm@aol.com.


LaO Post your comments on this story by visiting www.lawandordermag.com “Uneasy lies the head that wears a crown.” — Henry IV, William Shakespeare 8 LAW and ORDER I June 2015


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