Body Worn Cameras and Transparency Increase in use of cameras - - PDF document

10/10/2016 1

Body Cameras: The Intersection of Public Records and Law Enforcement

Frayda Bluestein, Jeff Welty, Tom Carruthers

Body‐Worn Cameras and Transparency

• Increase in use of cameras
• Expectation of accountability

and transparency

• Policy issues and concerns:
• Privacy
• Impact on active investigations
• Fairness in personnel or criminal

proceedings

• Poor quality and incomplete

capture

10/10/2016 2

North Carolina Law: Prior to 2016

• Recordings were criminal investigation records

under public records law exception: G.S. 132‐1.4

• “Not public records” but law enforcement agency could

release them; also could be released by court order

• Possibly personnel records under city, county, or

state personnel privacy statutes

• “Confidential;” could be released by court order
• Interpretation unclear
• Release policies varied

New Law: Access to Recordings

S.L. 2016‐88 (H 972) creates a new section 132‐1.4A: Law enforcement recordings.

• Overview
• Two levels of access:

Dislcosure: view and hear, but no copy Release: provide a copy

• Agency can disclose
• Only court can release
• Statutes sets out factors for consideration of

disclosure and release

10/10/2016 3

More About Disclosure

• Applies to law enforcement recordings including

dashboard and body‐worn camera, but not interviews or interrogations

• Disclosure authorized only to individuals that are in

the recording, and their representatives

• Agency must weigh statutory factors.
• Appeal is to superior court, which must defer to the

decision of the agency

Factors for Disclosure and Release

• Is the person requesting disclosure of the recording is a

person authorized to receive disclosure?

• Does the recording contain information that is otherwise

confidential or exempt from disclosure or release under State or federal law?

• Would disclosure reveal information regarding a person that

is of a highly sensitive personal nature?

• Might disclosure harm the reputation or jeopardize the

safety of a person?

• Would disclosure create a serious threat to the fair,

impartial, and orderly administration of justice?

• Is confidentiality necessary to protect either an active or

inactive internal or criminal investigation or potential internal or criminal investigation?

10/10/2016 4

More About Release

• Release is only by court order. The law enforcement

agency has limited internal use, but must apply for a court order, as must any other person, to have release beyond the agency

• Individuals who are depicted have an expedited

process for release

• Court weighs statutory factors along with other

factors deemed appropriate

• May place conditions on release

Local Policies

• Agencies using body‐worn cameras must have

policies regarding their use. Statute does not dictate what the policies must address

• Possible provisions include
• When to activate
• What discretion to deactivate
• Retention (minimum set by state retention schedule)
• When to allow disclosure
• When to seek court order for release
• Review by officer in an internal review or other

proceeding

10/10/2016 5

Beyond Public Access

• Fourth Amendment: Could body cameras and other

data collection technologies implicate the “mosaic theory”?

• Criminal discovery: Which recordings are part of

the “file”?

• Evidence: May litigants introduce expert testimony

about “camera perspective bias”? Average Daily Deployment

• 240 Cameras

– Patrol Officers: 180 – K9 Officers: 4 – Traffic Officers: 14 – Violent Criminal Apprehension Detectives: 8 – School Resource Officers: 18 – Police Neighborhood Resource Officers: 10 – Tactical Narcotics Officers: 6

Body Worn Cameras: Daily Deployment

10/10/2016 6

Activation of Camera

• Upon arrival at a call for service
• Upon activation of emergency equipment (lights or

siren)

• When any citizen contact becomes adversarial
• When appropriate or valuable to document any

incident or encounter

• Special Circumstances… Traffic Checks, Tactical

Activity, Search Warrants

Deactivation of Camera

• Upon conclusion of officer involvement….typically

leaving the scene

• Upon direction of on‐scene supervisor or with

approval of Bureau Commander

• During strip searches
• Statements of victims of sexually related crimes

and juveniles

• When the officer can articulate recording could

compromise safety of witness or victim

10/10/2016 7

Estimated Cost

Description Cost Quantity Total Cost Non‐Sworn G12 Position $55,440.00 2 $110,880.00

(FTE, benefits included)

Sworn Sergeant Position $79,380.00 1 $79,380.00

(FTE, benefits included)

Desktop Workstation Computer $2,125.00 5 $10,625.00 Copier, Fax, MFP $2,500.00 1 $2,500.00 Desk Phone $384.00 3 $1,152.00 Cell Phone $1,590.00 1 $1,590.00 Office Furniture $6,000.00 3 $18,000.00 Viewing Room Furniture $3,000.00 2 $6,000.00 Office Supplies $5,000.00 1 $5,000.00 Redaction Software $10,000.00 1 $10,000.00 Other incidentals $5,000.00 1 $5,000.00 FY Total

$250,127.00

Body Worn Cameras: Video Storage

During FY 14-15 the following amounts of video were captured via BWC:

• Total for the 12 month period:

– 191,574 videos – 28,687 hours of video – 21.56 TB of video

• Average Daily:

– 525 videos – 79 hours of video – 59 GB of video

*Current recommended policy change will potentially cause these numbers to increase significantly if not double.

10/10/2016 8

Body Worn Cameras: Video Retention

Retention Categories

Retention of Records as required under Standard 9 of the N.C. Records Retention and Disposition Schedule for Municipalities.

Category Retention Period Citizen Contact 90 days (30 required) Criminal Investigation 3 years/20 years Vehicle Stop/Crash – Warning or Infraction 90 days (30 required) Vehicle Stop/Crash – Criminal Charge 3 years/ 20 years Non-Citizen Involvement 90 days (30 required) Field Training Video 1 Year Administrative Investigation Indefinitely

Restricted Information:

• HIPPA restricted content, from

where officers need to record while handling a call for service inside any medical facility or on-scene with EMS

• DCI / NCIC: certain information sent
• r received via the computer inside

a police vehicle is restricted by state laws concerning the Division of Criminal Information Networks

• NCDMV files
• Sex Offender Registry
• NCIC Criminal History

Body Worn Cameras: Review/Redaction

10/10/2016 9

AOC Forms

AOC‐CV‐270 (Petition For Release Of Custodial Law Enforcement Agency Recording) – New 10/16 AOC‐CV‐271 (Order On Petition For Release Of Custodial Law Enforcement Agency Recording) – New 10/16 AOC‐CV‐272 (Petition For Review Of Denial Or Delay Of Disclosure Of Custodial Law Enforcement Agency Recording) – New 10/16 AOC‐CV‐273 (Order On Review Of Denial Or Delay Of Disclosure Of Custodial Law Enforcement Agency Recording) – New 10/16 AOC‐CV‐274 (Order To Provide Custodial Law Enforcement Agency Recording For In‐Camera Review And Order To Provide Notice Of Proceeding) – New 10/16