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 and coordination with LE on policies and procedures

BWC Components • Policies and procedures • Training • Data retention and storage • Discovery • Stakeholders • Miscellaneous

Policies and Procedures • Coordination with LE agencies is key – Multi-agency response to scene – Several different models of cameras and methods of storage – Open records/FOIA requests – When to turn camera off and on

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

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

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?

Stakeholders • Discuss process and mechanics with judges, defense bar, city attorneys, chiefs and sheriffs, rank and file officers, citizens of community, victim advocates • City attorneys – Discuss potential civil liability issues • Defense bar – Discuss if possible to handle authenticity, discovery, chain- of-custody and other admissibility issues, in advance – Develop uniform process to provide recordings that are part of discovery

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