POLICE EQUIPMENT NEWS SENIOR MANAGEMENT TECHNOLOGY FACEBOOK TIPS ADVERTISER INDEX PRODUCT SPOTLIGHT


some states, law enforcement offi cers have certain exemp- tions to this law when they are conducting criminal inves- tigations or responding to calls. However, not all contact between law enforcement offi cers and the public takes place within that context. The circumstances under which a citizen has a reasonable expectation of privacy when encountering an offi cer with a BWC will have to be addressed by policy. Second, public records. Many states have expansive public records laws, which may require that “any records made or received by any public agency in the course of its offi cial business [be] available for inspection.” Audio- visual recordings made by offi cers wearing BWCs will be considered public records and the agency would be re- sponsible for storing these records and retrieving them efficiently in response to public records requests. Fail- ure to timely produce these public records could result in expensive lawsuits.


Third, data storage and retention. Both audio and video data require much computer hard-drive space. The agency might have to create a database specifi cally for maintaining these re- cords and might also have to hire additional personnel at great expense. Alternately, the agency could hire a third-party ven- dor to organize, maintain and retrieve the data. Many third- party vendors store the captured data in the cloud. Fourth, chain of custody. The agency will need to protect the integrity of its recordings. One way to do this is by captur- ing metadata. Another is to choose a system that downloads automatically instead of manually. This prevents anyone from accusing an offi cer of editing the data. The data must be cat- egorized so that it can be saved as evidence in a case, retained for the correct period of time, and disclosed appropriately. Fifth, offi cer discretion. The agency will need to decide under what circumstances the offi cers will activate and de- activate their cameras. Should the cameras run for the entire shift? Should the offi cer decide when to activate or de-acti- vate the camera? Should policy dictate voluntary, compul- sory and prohibited use of the camera? How will offi cers be disciplined for failure to follow policy?


Sixth, training. The agency will need to create not only an initial training program for the BWC system but also a con- tinuing education program. The training should cover the use of the camera and its hardware, the use of any related software, and the availability of any corresponding systems or services offered by the company. Scenario-based training must be considered.


Trailblazers must consider the perceptions of the offi cers and the community and the expectations they may have in re- sponse to the implementation of a BWC program. The agency can manage offi cer perception by openly communicating the goals and potential benefi ts of the program; including offi cers in camera selection and policy development; demonstrating advantages of BWC to offi cers; designating an offi cer as liai- son between offi cers and administration; implementing the


60 LAW and ORDER I June 2015


POSSIBLE PURPOSES FOR A BWC PROGRAM


t UP EPDVNFOU FODPVOUFST CFUXFFO QPMJDF BOE UIF QVCMJD t UP JNQSPWF FWJEFODF DPMMFDUJPO t UP JODSFBTF PGý DFS BOE DJUJ[FO TBGFUZ t UP FOIBODF BHFODZ USBOTQBSFODZ t UP TUSFOHUIFO PGý DFS QFSGPSNBODF BOE BDDPVOUBCJMJUZ t UP QSPNPUF DPNNVOJUZ USVTU t UP QSPWJEF CFUUFS USBJOJOH t UP QSFWFOU PS RVJDLMZ SFTPMWF DPNQMBJOUT CSPVHIU CZ NFNCFST PG UIF QVCMJD


t UP FOTVSF FWFOUT BSF DBQUVSFE GSPN BO PGý DFS T QFSTQFDUJWF t UP TBWF UJNF BOE NPOFZ PO DSJNJOBM BOE DJWJM MBXTVJUT


program in increments; reviewing video to provide construc- tive feedback; and using videos demonstrating exemplary performance for training or during awards ceremonies. The agency can manage community perception by engag- ing local leaders before the program is implemented and by posting camera, disclosure and retention policies on the agency website. Clearly defi ning the circumstances under which recordings will be used may help prevent the commu- nity from expecting videos of everything and from interpret- ing a lack of video evidence as a cover-up.


When developing policy, the trailblazers should consider model BWC policies, such as those provided by the IACP, or recommendations by state and national law enforcement organizations, such as those provided by PERF. One of the most important steps is to institute an initial


review of the program. After the program has been com- pletely implemented and has run for a set period of time, the trailblazers should meet to evaluate every element of the program. Statistical data about the program, including its fi nancial impact, should be collected so the trailblazers can evaluate whether the program is meeting its purpose. They will then suggest changes based on their evaluation and set a time for another review.


Before setting out on the trail, agencies should consider all of the information its trailblazers can provide, evaluate that information as it relates to the agency’s needs and purposes, and then proceed carefully into the wilderness.


Leonard J. Dietzen, III, is a partner in the Tallahassee office of Rumberger, Kirk & Caldwell. He is also General Counsel for the Florida Police Chiefs Association. He has represented private and public sector employers in all aspects of Labor and Employment Law for nearly 20 years. He can be reached at ldietzen@rumberger.com.


LaO Post your comments on this story by visiting www.lawandordermag.com


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68