Body- Worn Cameras
Policy 450
Body- Worn Camera (BWC)
The Foster City Police Department adopts the use of body-worn cameras to visually and audibly record specific categories of interactions between officers and the public and to retain associated video for a period of time. Officers shall utilize the device in accordance with the provisions of this policy.
450.1.1 DEFINITIONS
Definitions related to this policy include:
Body-Worn Camera (BWC) system – The system that captures audio and video signals, that is primarily worn upon an officer’s uniform and includes a camera, microphone, and stored memory of recordings.
Activate – The BWC has activated based on an officer’s deliberate activation of the system and both video and audio are recorded and retained according to the Department’s retention policy.
Powered on – The BWC stands ready to be activated for full video and audio recording. While powered on, the BWC will continually store video only (no audio) into a temporary, buffered memory. This buffered video is perishable and will be overwritten in time, depending on the memory requirements of the BWC. Depending on its use, the BWC may retain the buffered video for roughly 24 to 48 hours.
Powered off – The power has been turned off and no video or audio recording or buffering occurs whatsoever.
BWC technician – Personnel certified or trained in the operational use and repair procedures of BWCs, duplicating methods, storage and retrieval methods and procedures, and who have a working knowledge of video forensics and evidentiary procedures.
Recording media – Audio-video signals recorded or digitally stored on a storage device or portable media.
450.2 MEMBER PRIVACY EXPECTATION
All recordings made by personnel on any Department-issued device at any time, and any recording made while acting in an official capacity for this Department, regardless of ownership of the device it was made on, shall remain the property of the Department. Members shall have no expectation of privacy or ownership interest in the content of these recordings.
450.3 USER TRAINING
The Department shall ensure that each officer is trained in the use of the body-worn camera prior to issuance and deployment. The training shall include:
Training on operation (including when to activate and deactivate), maintenance and care
Training on mandatory, discretionary and non-permissible uses of body-worn cameras
Periodic training on significant changes in the law pertaining to body worn cameras
Additional training at periodic intervals to ensure continued effective use of the body-worn camera equipment, performance, and to incorporate changes, updates or other revisions in policies and equipment
450.4 OFFICER RESPONSIBILITIES
Each uniformed officer (including Community Service Officers) assigned a body-worn camera and working any uniformed assignment is responsible for ensuring that they are equipped with a Department-issued body-worn camera and that the camera is fully charged and in good working order at the beginning of their shift.
Each officer assigned to an administrative assignment will be assigned a body-worn camera, which they will ensure is charged and in good working order. It’s understood that officers assigned to an administrative assignment may not use the camera often; however, their camera must be ready for use at all times.
If a device is in need of repair, officers will notify their Supervisor and turn the body-worn camera in for repair or replacement through WatchGuard.A replacement camera will be issued if available.
Uniformed officers shall wear the camera on their uniform at a location that will facilitate the optimum recording field of view.
Officers shall not deliberately remove, dismantle or tamper with any hardware and/or the evidence management software component of the body-worn camera.
Each officer is responsible for ensuring that their assigned body-worn camera is downloaded/uploaded during their shift as needed or at the completion of their shift, or at any time their device memory is full. Media captured via the body-worn camera shall only be downloaded/uploaded to Department-approved secure storage.
450.4.1 SUPERVISOR RESPONSIBILITIES
Supervisors will ensure that officers utilize the body-worn camera according to these policy guidelines.
Supervisors shall ensure videos related to Officer-Involved Incidents, as defined in Foster City P.D. Policy 310, are uploaded/downloaded as soon as possible following the event or as requested by a Supervisor.
Supervisors completing a Use of Force investigation where a body-worn camera was used should review the video and follow procedures set forth in Foster City P.D. Policy 300.
Supervisors may view an applicable video(s) prior to contacting a citizen regarding a possible citizen complaint. The information gathered during the viewing of the video(s) may be used during a Supervisor’s efforts to reasonably resolve the situation with the citizen. Digital evidence captured by BWC shall be treated as an official record and handled pursuant to existing Department policies and procedures. All complaints will be handled in accordance with Foster City P.D. Policy 1020.
450.5 WHEN TO ACTIVATE
There are many situations when the activation of a BWC is appropriate; however, this policy is not intended to describe every possible circumstance.
The safety of officers and members of the public is the highest priority, and the Department acknowledges there may be situations in which operation of the device is impractical or may be an impediment to public and officer safety. Additionally, the Department recognizes human performance limitations during particularly stressful and critical situations.
Officers shall make every effort to record non-enforcement contacts should they become confrontational, assaultive or enforcement-oriented. In addition to the required conditions, personnel may activate the system any time they feel it would be appropriate and/or valuable to document an incident. Also, officers shall not be required to activate or deactivate their body-worn camera based solely on the requests or demands of a citizen, but rather shall rely on their training and this policy to direct their use of the body-worn camera.
During their shifts, officers shall make every reasonable effort to activate their body-worn camera prior to initiating, or as soon as practical after initiating, the following police actions:
All enforcement encounters where there is at least reasonable suspicion the person(s) has committed, is committing or may be involved in criminal activity. This includes, but is not limited to detentions, vehicle stops, pedestrian stops, and consensual encounters.
Taking or attempting to take a person into custody (e.g., arrests, protective custody of mentally disturbed person, etc.)
Enforcement encounters where there is reason to believe that the individual is committing a violation for which a citation may be issued
All incidents involving a use of force
All public interaction, regardless of context, that escalates and becomes adversarial
Service of search warrants or arrest warrants
Taking suspect statements
Taking witness/victim statements (when practical)
Pursuits (when practical)
Responding to calls for service
Any incident involving a citizen complaint or anticipated complaint
Probation, parole, post-release community supervision, mandatory supervision or consent searches, ‘knock and talks’
Transporting prisoners or any citizen during any official police related function
All incidents in which the camera can be used for scene documentation purposes
450.5.1 WHEN TO DEACTIVATE
In most circumstances, body-worn camera recordings shall not be intentionally terminated until reaching the conclusion of an encounter. Exceptions to this rule may include the following:
When discussing tactical planning or any other logistical planning that could present a safety concern if recorded
A situation is deemed by an officer to no longer hold evidentiary or investigative value
When engaged in privileged conversations with individuals with whom the officer is in a privileged relationship (e.g., spouse, attorney, police peer counselor, labor representative, minister, etc.)
Anytime a recording is terminated prior to the end of an encounter, the reason(s) should be documented both on the body-worn camera recording before deactivation and in the subsequent police report. If no police report is filed, but a citation has been generated, the reason(s) for the early termination should be recorded on the citation.
450.5.2 ADVISEMENTS AND CONSENT
Generally, officers are not required to advise or obtain consent to utilize the body-worn camera from a private person when:
In a public place; or
In a location where there is an expectation of privacy (e.g., inside a building or dwelling), but the officer is lawfully present.
However, when initiating a police action as described in Section 450.5 (When to Activate), officers, when asked about by a citizen, should advise persons they are being recorded with the body-worn camera, unless the officer has reason to believe that doing so will endanger his or her own safety, the safety of another officer, or the safety of a member of the public or will interfere with the conduct of an investigation.
When an officer’s legal grounds for a search of a residence is based solely on consent and the officer(s) conducting the search plan to record the search using their body-worn camera, they are required to both advise and obtain consent to record with a body-worn camera from the person, with legal standing, who is being recorded and/or searched. This does not apply to crimes in progress or other circumstances that would allow the officer to be lawfully present without a warrant. This section does not prevent an officer from conducting a consent search when a body-worn camera is not in their possession.
450.5.3 WHEN NOT TO ACTIVATE
Personnel are not required to activate the camera system during routine, incidental contact with a citizen (e.g., giving directions or on lunch breaks).
Officers will not knowingly activate the body-worn camera in the following circumstances:
A potential witness who requests to speak to an officer confidentially or desires anonymity as described in Section 450.5.5 (Victim and Witness Statements)
A victim or witness who requests that he or she not be recorded and the situation is not confrontational as described in Section 450.5.5 (Victim and Witness Statements)
A victim who requests that he or she not be recorded as a condition of cooperation and the interests of justice require such cooperation as described in Section 450.5.5 (Victim and Witness Statements)
With undercover officers, except in the course of criminal investigation
Strip Searches
Doctor’s or lawyer’s offices, unless taking the police actions stated in Section 450.5(A)-(F) and (I)
Medical or hospital facilities, unless taking the police actions stated in Section 450.5(A)-(F) and (I)
Other places where individuals unrelated to the investigation are present and would have a reasonable expectation of privacy, unless taking the police actions stated in Section 450.5(A)-(F) and (I)
To surreptitiously record any Department member without their consent, a court order, or unless lawfully authorized by the Chief of Police or designee for the purposes of a criminal investigation
The monitoring of persons based solely upon the person’s political or religious beliefs or upon the exercise of the person’s constitutional rights to freedom of speech and religious expression, petition and assembly under the United States and California Constitutions, or because of the content or viewpoint of the person’s protected speech is prohibited; however, the activation of a body-worn camera is authorized if an officer believes those involved in a protected activity are becoming adversarial (refer to section 450.5 E)
Any non-work related activities
While inside the county jail intake area (processing area not included)
450.5.4 WHEN TO POWER OFF
Personnel shall have their BWC powered off in the following circumstances:
During tactical briefings and discussions pertaining to safety and security procedures
While in public or private locker rooms (PD included), changing rooms, and restrooms unless taking the police actions stated in Section 450.5(A)-(F) and (I)
450.5.5 VICTIM AND WITNESS STATEMENTS
When conducting an investigation, the officer shall attempt to record the crime victim or witness’ statement with the body-worn camera. The recording may be valuable evidence that contributes to or compliments an investigation. While evidence collection is important, the Department also recognizes it is important for officers to maintain credibility with people wanting to share information with law enforcement.
On occasion, an officer may encounter a reluctant crime victim or witness who does not wish to make a statement on camera. In these situations, the officer should continue to develop rapport with the individual while balancing the need for evidence collection with the individual’s request for privacy.
Should the officer use discretion and not record the crime victim or witness statement with the body-worn camera, the officer should document the reason for not fully recording the statement with the body-worn camera. In these instances, officers may still record with an audio recorder.
Refer to Section 450.5.3 (When Not to Activate) for circumstances regarding when to not record a victim or witness statement.
450.5.6 EXPLOSIVE DEVICE
Many portable recorders, including body-worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices, including BWCs, should be powered off where an explosive device may be present.
450.6 UNAUTHORIZED ACCESS & USE OF CAMERA FILE INFORMATION
All body-worn camera recordings shall remain the property of the Department and constitute official records of investigation of the Department.
Unauthorized access to, or use, duplication, and/or distribution of body-worn camera files is prohibited. Personnel shall not make copies of any body-worn camera file for their personal use and are prohibited from using a recording device such as a phone camera or secondary video camera to record body-worn camera files.
Personally owned body-worn cameras shall not be used while on duty.
450.6.1 DOCUMENTING USE OF THE BODY-WORN CAMERA
Personnel should not substitute a body-worn camera recording for a detailed and thorough report. Personnel should continue to prepare reports as outlined in the Policy Manual.
Exception: Officers involved in an Officer-Involved Incident as described in Section 450.9.
When a report is generated (includes supplemental narratives), the existence of a body-worn camera file will be noted in the report. The primary officer is also expected to reference the existence of body-worn camera files that are uploaded by other officers. If no report is filed, but a citation is generated, the existence of a body-worn camera file will be noted in the citation notes.
450.7 REVIEW OF BODY-WORN CAMERA FILES
All file viewing is for law enforcement use only and subject to a right to know and need to know basis. Department personnel may review body-worn camera files according to the provisions of this policy and Policy Manual requirements.
Access to the body-worn camera system is logged automatically with the date, time and name of the person accessing the files.
An officer should review body-worn camera files, including those of other officers (with Supervisor approval), in the following instances:
For the purposes of completing criminal investigations and preparing official reports with the exception of Officer-Involved Incidents as described in Section 450.9 (Officer-Involved Incidents)
Prior to courtroom testimony or for courtroom presentations, or as part of preparation by the City Attorney’s Office (representing Foster City) for litigation in which a police officer is a party or a witness and the City Attorney’s Office is representing the City and/or officers who are parties to the litigation
For potential training purposes as described in Section 450.7.2 (Training With Body-Worn Camera Files)
For other reasons as specified with the permission of the Chief of Police
Exception: Department members identified as Administrative Users may access body-worn camera files from a computer or device outside of the Department for the purpose of completing administrative tasks, such as locking or unlocking users, etc.
450.7.1 ADMINISTRATIVE REVIEW OF BODY-WORN CAMERA FILES
It is not the intent of the Department to review body-worn camera files for the purpose of general performance review of individual officers or to proactively discover policy violations. Supervisors should review any available BWC recordings of the following types of incidents:
Vehicle pursuits
Arrests or detentions involving the use of force or resisting arrest
Citizen complaints (whether formal or informal) upon Department personnel
Supervisors and Internal Affairs personnel may access body-worn camera files for administrative investigations limited to the specific complaint against the officer.
Supervisors should, on a reasonable basis, review body-worn camera files to ensure that body-worn camera equipment is functioning properly and officers are adhering to Department body-worn camera procedures. Inadvertent discovery of other allegations during this review shall require the Supervisor or Internal Affairs personnel to articulate the reason for expanding the scope of the investigation.
Supervisors who inadvertently discover minor, non-criminal policy violations will continue to have discretion to resolve the violation with training or informal counseling. Should the policy violation rise to the level of more formal discipline, the Supervisor will adhere to policies set forth in the Policy Manual.
Exception: Field Training Officers (FTO) and the Field Training Program Lieutenant may view body-worn camera files to evaluate the performance of an officer in the Field Training Program.
450.7.2 TRAINING WITH BODY-WORN CAMERA FILES
A body-worn camera file may be utilized as a training tool for individuals, specific units, and the Department as a whole with the involved officers’ permission. Department personnel recommending utilization of a body-worn camera file for training purposes will submit the recommendation through the chain of command to the in-house Training Lieutenant.
Exception: Field Training Officers may use body-worn camera files to provide immediate training to recruits and to assist with the completion of the Daily Observation Report (DOR).
450.7.3 PRE-RECORDING, POST-RECORDING, AND RECORD AFTER THE FACT (RATF)
Agency Content
(a) Overview:
The BWC system has Pre-Recording, Post-Recording, and “Record After the Fact” (RATF) capabilities. These are powerful tools that can be used to retrieve and capture video (no audio). This is possible because the device is constantly buffering video while powered on.
Summary:
Pre-recording: Each time the BWC is activated, the device automatically pre-records and saves 15 seconds of video from before the moment the device was activated.
Post-recording: Each time the BWC is de-activated, the device automatically post-records and saves 0 seconds of video from after the moment the system was de-activated.
Record-After-the-Fact (RATF): Under certain circumstances, which are explained below, BWC video may be retrieved for up to approximately 48 hours before the device was activated, depending upon memory requirements and use.
(b) Incidents Subject to RATF Retrieval:
At the direction of any member of Management, officers shall make their BWC available in order to make retrievable, any existing RATF video from the BWC for any incident or event as noted below when they were unable to, neglected to, or forgot to, activate the system in a timely fashion:
Any use of force
Any critical officer-involved incidents
Any officer-involved traffic collision
Any arrest (including criminal cite and release arrests)
All searches, including probation, parole, consent, or search warrants
Any incident involving a citizen complaint or anticipated complaint
Any other incident or event, where, in the opinion of the officer or the Chief of Police, the video may be of value
(c) Retrieval of Officer’s Own RATF Video on BWC:
The BWC system does not allow for individual officers to retrieve RATF video.
If an officer believes it is necessary to retrieve their own RATF video from the BWC system, they must consult with a Supervisor as soon as practicable, and in no circumstance by later than the end of his/her shift, so the Supervisor can seize the BWC (powering it off to prevent further buffering) and arrange with a member of Command Staff or an authorized BWC Technician, to retrieve and capture the RATF.
(d) Retrieval of Other Officer’s RATF Video on BWC
Whenever an officer becomes aware of any incident or event involving any other officer, where a BWC was not activated (or the activation may have been insufficient to capture the entire incident or event), he/she shall notify the on-duty Watch Commander as soon as practicable, and in no circumstances by later than the end of their shift.
The Watch Commander shall inform the Chief of Police, or his/her designee, so he/she can make a determination as to whether or not the RATF video should be retrieved and captured.
If the Chief of Police, or his/her designee, authorizes the retrieval and capture of RATF video, only the video from the beginning of the specific incident to the end of the incident with an extra 10 seconds included before the incident and 0 seconds after the incident (consistent with the automatic pre-recording and post-recording) shall be captured.
RATF video shall not be used to conduct a routine review of employee actions.
(e) Exceptions:
No deviations to this policy shall be made except under extraordinary circumstances (e.g., a critically-injured officer with a need to identify a suspect, etc.) or as specifically authorized by the Chief of Police or his/her designee.
450.8 RECORDING MEDIA STORAGE AND INTEGRITY – RETENTION
All video and audio media is automatically uploaded via the BWC system and is stored in designated Department/City computers.
All recordings shall be retained for a minimum of two and one-half years. Exceptions are to be authorized through a Lieutenant or other member of Management.
Recordings containing evidence that may be relevant to a criminal prosecution should be retained for any additional period required by law for other evidence relevant to a criminal prosecution (Penal Code § 832.18).
Records or logs of access and deletion of recordings should be retained permanently (Penal Code § 832.18).
450.8.1 COPIES OF ORIGINAL RECORDING MEDIA
Video and audio recordings shall not be used for any purpose other than those listed in this policy. Recordings shall only be used for official police business. A copy of the original video and audio recording will be made upon proper request for any authorized person.
Original recording media (actual BWC) may only be released in response to a court order or upon approval by the Chief of Police or an authorized designee. In the event that the original recording media is released to a court, a copy of the applicable video file shall be made and placed in storage.
450.8.2 BWC RECORDINGS AS EVIDENCE
In all cases that are being sent to the District Attorney for prosecution, or review for prosecution, or whenever a BWC recording is determined by an officer or a Supervisor to be pertinent evidence in a police investigation, the member shall add the BWC video to a case via the “Evidence Library” program. Members should include all applicable videos to the case. The digital evidence shall be retained in accordance with existing evidence procedures as long as required for investigative purposes, court procedures, or existing law requirements.
450.8.3 ACCIDENTAL RECORDINGS
In the event of an accidental activation of the body-worn camera where the resulting recording is of no investigative or evidentiary value, the recording officer may categorize that file using the preset category titled “Accidental Recording.”
Any officer categorizing a file in the “Accidental Recording” category shall submit an email to both Lieutenants and the officer’s direct supervisor (if applicable). This email shall be submitted during the same shift in which the file was categorized as an accidental recording and will include a brief explanation as to why the file has been categorized in the “Accidental Recording” category.
A Lieutenant will review the submitted email along with the file. The reviewing Lieutenant will ensure the file is not associated with a police contact or CAD event. No files associated with an official police contact, CAD event, or any pending litigation or complaint is eligible to be placed in the “Accidental Recording” category.
Files categorized as accidental recordings are only accessible by members of the police management group. All files in this category will be scheduled for automatic deletion one year from the date the file was categorized as an accidental recording.
450.9 OFFICER INVOLVED INCIDENTS
The Department recognizes that the video images captured on the body-worn camera files are two dimensional and cannot always capture the entire scene due to a number of limiting factors. The body-worn camera files should be considered but one piece of evidence collected from a scene or incident and not a singularly inclusive piece of evidence.
An Officer-Involved Incident includes:
Officer-involved shootings,
In-custody deaths, and
Any intentional act by an officer, which proximately causes injury likely to produce death to another.
Following an Officer-Involved Incident, involved officers herein defined as both involved officers and witness officers to the incident, personnel and their representative(s) shall not view their video, or any video capturing their image or the incident on any device.
The initial interview of an officer involved in an Officer-Involved Incident should occur before the officer has reviewed any audio/video recordings of the incident. Once an involved officer has provided an initial statement, he/she will have an opportunity to review any available recordings with his/her representative during a follow-up interview.
Investigators will be mindful that audio/video recordings have limitations and may depict events differently than the events are recalled by an involved officer. When the investigator shows any audio/video recordings to an involved officer after the initial interview, the investigator will admonish the involved officer about the limitations of audio/visual recordings. Refer to San Mateo County Officer Involved Critical Incident Protocol.
In those situations where a Crime Scene Supervisor is charged with the collection of evidence, the Crime Scene Supervisor will, as soon as safe and practical, retrieve the body-worn camera from the involved officer at the scene. The Crime Scene Supervisor will be responsible for assuring the body-worn camera file is uploaded/downloaded.
