To: Chief of Police

From: Jeremy French

Date: February 29, 2016
Subj: Police Use of Body Worn Cameras Policy and Procedures

There are several important issues that we must consider when developing a departmental

policy on the use of body worn cameras (BWCs). The use of BWCs must balance the publics

demand for accountability and transparency with the privacy concerns of those being recorded.

The BWC policy must weigh the departments desire to capture detailed video footage of

significant law enforcement encounters with the reality that an officers duties and

responsibilities oftentimes involve dangerous and rapidly evolving circumstances.

We must determine when officers are required to turn the BWC on and off.

The Police Executive Research Forum (PERF) has taken the position that recording every police

citizen encounter creates unnecessary opportunities to violate privacy rights and will discourage

positive communication between law enforcement and the public. PERF identified interviews

with crime victims, interviews with confidential informants, and simple casual encounters as

problematic. The BWC policy should allow for some degree of officer discretion. PERF suggests

that BWC policies should require officers to activate their BWCs when handling calls for

service, traffic stops, arrests, searches, interrogations, and pursuits. Our policy should detail

when officers are required to record, when discretion can be used, and when recording is

prohibited. Activation of a BWC should not be required when doing so would create a tactical

disadvantage or place the officer or public in a less safe position. PERF recommends that an

incident be recorded until its conclusion, the officer has left the scene or upon order by a

supervisor.

Should officers be allowed to review BWC footage of an incident they were involved in

before writing a police report? PERF reports the majority of law enforcement executives they
interviewed are in favor of allowing officers to review BWC footage prior to writing a report.

Before deciding on whether our BWC policy should allow or disallow officers from reviewing

video footage I recommend that departmental leaders, labor representatives, prosecutors and

defense attorneys be consulted to determine the best way forward.

Should officers be required to review BWC footage prior to testifying in court? It is

important that we seek the advice of the District Attorney prior to developing the BWC policy in

regard to courtroom testimony. Evidentiary issues must be worked out in advance between the

prosecution and defense in a collaborative effort. With ninety-five percent of all criminal

prosecutions ending in a plea agreement, BWC evidence will not frequently need to be reviewed

prior to courtroom testimony however, a comprehensive policy must be established.

A high profile law enforcement public education campaign must be conducted in order to

increase public awareness of BWC use. Benefits, limitations and reasonable expectations of the

technology must be made known to the public. The PERF concluded that "rigorous, ongoing

officer training" regarding policy and procedures is also necessary for the effective

implementation and use of BWCs. When BWC use is implemented, training must be conducted

at all levels within the department. Training must also be given to other affected parties,

including judges, prosecutors and defense attorneys.