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

10/10/2016 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 1

10/10/2016 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 2

10/10/2016 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? 3

10/10/2016 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 4

10/10/2016 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”? Body Worn Cameras: Daily Deployment 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 5

10/10/2016 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 6

10/10/2016 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 $250,127.00 FY Total 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. 7

10/10/2016 Body Worn Cameras: Video Retention Retention Categories 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 Retention of Records as required under Standard 9 of the N.C. Records Retention and Disposition Schedule for Municipalities. Body Worn Cameras: Review/Redaction 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 or 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 8

10/10/2016 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 9