Digital Evidence Management Kay Chopard Cohen Executive Director - - PowerPoint PPT Presentation

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Digital Evidence Management Kay Chopard Cohen Executive Director - - PowerPoint PPT Presentation

Digital Evidence Management Kay Chopard Cohen Executive Director National District Attorneys Association Body Worn Cameras (BWCs) Not a silver bullet to address other criminal justice system issues Prosecutors must lead Early input


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SLIDE 1

Digital Evidence Management

Kay Chopard Cohen Executive Director National District Attorneys Association

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SLIDE 2

Body Worn Cameras (BWCs)

  • Not a silver bullet to address other criminal

justice system issues

  • Prosecutors must lead
  • Early input and coordination with LE on

policies and procedures

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SLIDE 3

BWC Components

  • Policies and procedures
  • Training
  • Data retention and storage
  • Discovery
  • Stakeholders
  • Miscellaneous
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SLIDE 4

Policies and Procedures

  • Coordination with LE agencies is key

– Multi-agency response to scene – Several different models of cameras and methods

  • f storage

– Open records/FOIA requests – When to turn camera off and on

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SLIDE 5

Training

  • Consent searches—some two party consent

states

  • Execution of a search warrant
  • Potential consequences requiring redaction—
  • Ex. Capturing license plate information of

potential witness

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SLIDE 6

Data Retention and Storage

  • Determine if all footage should be retained, or

just footage used as evidence in court

  • Identify costs—cameras are the cheap part

– Retention, storage, redaction, personnel

  • Identify where the data should be stored
  • Determine how long footage will be retained
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SLIDE 7

Discovery

  • Identify who is handling parts of process

– Receiving recordings from LE agency – Redaction – Reviewing footage – Turning over materials to defense

  • Identify when to turn over evidence
  • Identify what to turn over—all video or

samples?

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SLIDE 8

Stakeholders

  • Discuss process and mechanics with judges, defense

bar, city attorneys, chiefs and sheriffs, rank and file

  • fficers, citizens of community, victim advocates
  • City attorneys

– Discuss potential civil liability issues

  • Defense bar

– Discuss if possible to handle authenticity, discovery, chain-

  • f-custody and other admissibility issues, in advance

– Develop uniform process to provide recordings that are part of discovery

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SLIDE 9

Miscellaneous

  • Privacy concerns—Ex. DV or child abuse
  • Managing and processing volume of videos

without creating delays in cases

  • FOIA requests/open records laws
  • Brady/Giglio considerations
  • Case/trial impacts