Approved: CALEA Effective Date: 08-31-18 CHAPTER 4 – PATROL OPERATIONS Use of Body Worn and In-Car Camera 453.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the use of body-worn cameras (BWC) and in-car cameras (ICC) by members of this Department. The following provisions are intended to provide Burbank Police Department (BPD) personnel with instructions on how and when to use the BWC/ICC to ensure reliable recording of enforcement and investigative contacts with the public. While recordings obtained from a BWC/ICC provide an objective record of events, it is understood that video recordings do not necessarily reflect the experience or state of mind of the individual member(s) in a given incident. Moreover, the recordings, especially video, have limitations and may depict events differently than the events recalled by the involved member. Video captures 2-dimensional images, which may be different from a member’s 3-dimensional observations and perceptions. Lighting and angles may also contribute to different perceptions. Specifically, it is understood that the recording device will capture information that may not have been heard and/or observed by the involved member and that the involved member may see and hear information that may not be captured on video. This policy does not apply to interviews or interrogations conducted in Burbank Police Department interview rooms, authorized undercover operations, or surreptitious interception of electronic communications for lawful investigative purposes (i.e. wiretaps, eavesdropping). 453.2POLICY The Burbank Police Department may issue each of its sworn members and select non-sworn members a BWC and equip patrol vehicles with an ICC for use while on duty. These recorders are intended to assist members in the performance of their duties by providing reliable audio/video recordings of contacts with the public and to protect police personnel from false allegations of misconduct. The Department adopted the use of BWCs/ICCs by BPD personnel to: Collect evidence for use in criminal investigations and prosecutions; Deter criminal activity and uncooperative behavior during police-public interactions; Assist members with completing reports and providing testimony in court; Promote responsibility and accountability for a member’s actions and decisions; Assist in resolving complaints against members including, but not limited to false allegations by members of the public; and, Provide additional information for personnel training and evaluation purposes. All Department members using a BWC/ICC shall be trained and provided a copy of the policy prior to the use of equipment. The training and course outline shall be documented in the Department’s Training Management System (TMS). The Professional Standards Sergeant will be responsible for routinely reviewing and updating applicable BWC/ICC policies to meet state and federal law and identified best practices. 453.3PRIVACY All audio/video recordings made by members on any issued BWC/ICC device at any time, and any recording made while acting in an official capacity for this Department regardless of the 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 and any unauthorized release is strictly prohibited. 453.4MEMBER RESPONSIBILITIES Prior to going into service, members who have been issued a BWC and/or ICC-equipped vehicle are responsible for logging on and making sure that the assigned recorder is in good working order and batteries are fully charged. When two members are assigned as an “Adam” unit, at least one member shall log on to the ICC camera system at the start of their assigned shift and log off at the end of the shift. All members shall document the results of the BWC/ICC inspection in the Type of Activity/Disposition section of the Electronic Daily Field Activity Report (eDFAR) at the start of their assigned shift. If the recorder is not in working order or the member becomes aware of a malfunction at any time, the member shall promptly report the failure to his/her supervisor and obtain a functioning device as soon as reasonably practicable. If the ICC system is not in working order or the member becomes aware of a malfunction, the member shall report the failure to his/her supervisor and if available, obtain a vehicle with a functioning ICC. Uniformed members should wear the BWC as recommended by the service provider which allows for full functionality of the recorder and for optimized recording capabilities. Non-uniformed members, including investigative personnel, who have been issued a BWC should carry and utilize the device as directed by their Command Group. Unless conducting a lawful recording in an authorized undercover capacity, non-uniformed members should wear the recorder in a manner that is best suited, based on the circumstances or otherwise notify persons that they are being recorded, when required by law. Members shall document the existence of a BWC/ICC recording in any report, including any instance where the recorder malfunctioned or the member deactivated or muted the recording, prior to the completion of the contact. Members should include in any report, the reason for deactivating or muting the recording. If a report is not completed, the member should record a statement at the conclusion of the contact explaining the reason for the deactivation or muting. Each member is responsible for uploading recordings to the designated Department system as soon as practicable before the end of the employee's shift, but no later than the start of the employee’s next workday. It is not a requirement to obtain consent from members of the public when the officer is lawfully in the area where a BWC/ICC recording takes place. Department members are not authorized to play back BWC/ICC recordings to allow members of the public to review the recordings without prior approval from a Lieutenant or Acting Watch Commander. Members shall not tamper with or dismantle any hardware or software component of the BWC/ICC system. 453.5SUPERVISOR RESPONSIBILITIES Supervisors assigned to any unit with personnel equipped with BWC/ICC shall: Conduct periodic inspections of members assigned BWCs and ensure that the BWCs are properly affixed to the members and operational; Respond to the scene that arises from a use of force and/or critical incident (e.g. officer-involved shootings, in-custody deaths, critical incidents involving great bodily injury) to ensure the data is downloaded and chain of custody is maintained. The retrieval of BWC media should occur once the scene is stabilized and when practicable (Penal Code § 832.18 compliant). Ensure the position/location of the BWC is documented and photographed in the appropriate report (e.g. crime report, administrative report, use of force report); and Review relevant BWC/ICC recordings prior to submitting any administrative reports. A supervisor shall document any inspection of BWC/ICC equipment in Guardian Tracking as applicable. If any BWC/ICC equipment is found to be defective, the supervisor must ensure that the equipment is removed from service and immediately replaced. Spare BWCs shall be made available in the Watch Commander’s Office. The supervisor shall notify the BWC/ICC System Administrator/Training Coordinator of the defective BWC and/or ICC camera as soon as practicable. Any supervisor issuing a spare/replacement BWC to a member shall ensure the BWC is assigned to that member in the BWC system to maintain the continuity of the involved members’ BWC recordings. 453.6ACTIVATION OF THE BWC/ICC RECORDER All uniformed and investigative members issued a BWC and/or ICC-equipped vehicle shall record all incidents, including enforcement and investigative contacts, whether self-initiated or in response to a call for service. All members should activate their BWC prior to making contact with members of the public. At no time are members expected to jeopardize their safety or the safety of members of the public in order to activate a recorder. However, the recorder should be activated as soon as practicable and when safe to activate. Any related report should reflect that a recording was made concerning the incident. The BWC/ICC shall continue recording (both video and audio) until the investigative or enforcement activity involving a member of the public has ended. If the enforcement or investigative activity with a member of the public resumes, the officer shall activate the BWC/ICC and continue recording. If a member is unable or fails to activate the BWC/ICC or deactivates the BWC/ICC prior to the conclusion of the contact, the member should record a statement at the conclusion of the contact explaining the reason for the incomplete recording. Additionally, the member may instead explain the circumstances of an incomplete recording in a related police report or appropriate documentation for the type of incident. Members are not required to activate and record investigative or enforcement encounters with the public during the following situations: Situations where recording would risk the safety of the Department member or member of the public (e.g. confidential informant, citizen informant, or undercover officer); Non-enforcement contacts in restrooms, dressing rooms, and locker rooms; If a member is on a perimeter post or assigned to a static post where he/she is not in contact with citizens, is involved in an enforcement action, or actively engaged in an investigation. A supervisor shall be requested if there is a question as to whether or not to activate the BWC under the following circumstances: A witness or victim refuses to provide a statement if recorded and the encounter is non-confrontational; A victim or witness who objects to being recorded based on their physical condition, emotional state, age, or other sensitive circumstances (e.g. a victim of rape, incest, or another form of sexual assault); Members assigned to investigative assignments, SWAT, or CNT may use other Department issued audio or video recording devices when appropriate and approved by a supervisor. The BWC/ICC device contains a pre-event buffering system. This recording, however, does not include any audio. The pre-event buffering system for both the BWC/ICC is currently set for 30 seconds. The Department will notify all members prior to making any changes to the pre-event buffering setting. 453.6.1 ACTIVATION OF BWC IN CUSTODY SETTING All sworn and non-sworn members working in the jail shall activate the BWC to record interactions in the following situations: The booking of inmates at the booking counter Pre-booking searches of inmates Secondary searches that may be required Strip searches (with the camera lens blocked utilizing jail provided lens cover, or other effective means) Cell safety checks (15 and 30 minute) Inmate welfare checks Live Scan processing Meal service Inmate release Inmate movement – Either from cell to cell or to the sally port for transport At no time are members expected to jeopardize their safety or the safety of another member in order to activate a recorder. 453.6.2 SURREPTITIOUS USE OF THE AUDIO/Video RECORDER Members of this Department may surreptitiously record any conversation during the course of a criminal investigation in which the member reasonably believes that such a recording will be beneficial to the investigation (Penal Code §633). Members shall not surreptitiously record another Department member without a court order or unless lawfully authorized by the Chief of Police or the authorized designee. Nothing in this section is intended to interfere with a Department member’s right to openly record any interview pursuant to Government Code §3303(g). Members shall not utilize their BWC during the course of an employee administrative interview. 453.7 PROHIBITED USE OF BWC/ICC Members are strictly prohibited from using a Department-issued BWC and/or ICC-equipped vehicle recording media for personal use or posting to social media. Members shall not copy, edit, alter, erase, or otherwise modify in any manner BWC/ICC recordings except as authorized by law or this policy. Any violation of the policy may result in discipline. All BWCs/ICCs will be configured by an authorized agent to prevent any modifications to recordings prior to being uploaded to the Department’s audio/video management system. Members assigned a BWC and/or ICC-equipped vehicle shall not use any other non-Department-issued video or audio equipment, such as personally owned video and audio recorders, to record enforcement or investigative activities involving members of the public unless expressly authorized by a supervisor. Any member who uses a personally owned recorder for Department-related activities shall notify a supervisor and comply with the provisions of this policy, including retention and release requirements. Supervisory personnel may use digital recording devices other than a BWC to record interviews when conducting use-of-force investigations or internal affairs/personnel investigations. Nothing in this policy precludes Department members from utilizing authorized still photography equipment. Members are also prohibited from retaining copies of recordings of activities or information obtained while on-duty. Members shall not duplicate or distribute such recordings, except for authorized legitimate Department business purposes. All such recordings shall be retained at the Department in the designated digital audio/video management system. Recordings shall not be used by any member for the purpose of embarrassment, harassment or ridicule. BWCs and/or ICC-equipped vehicles shall only be used in conjunction with official law enforcement and investigative activities involving members of the public. BWCs shall not be used to record Department personnel during briefings, meetings, roll calls or while in private spaces such as locker rooms/dorms or restrooms. Members shall not use BWC/ICC devices to record discussions pertaining to tactical operations. Generally, BWCs and ICC-equipped vehicles shall not be used as a surveillance tool to record members of the public engaged in lawful activities (see §453.6 for exceptions). Any member who may have questions regarding the application of this policy is encouraged to seek clarification from supervisory personnel. 453.7.1 CESSATION OF RECORDING Once activated, the BWC and/or ICC-equipped vehicle should remain on continuously until the member reasonably believes that his/her direct participation in the incident is complete or the investigative or enforcement activity involving a member of the public has ended. If the BWC and/or ICC-equipped vehicle is used during an enforcement situation and it becomes necessary to discuss issues or concerns related to privacy or officer safety with another member or supervisor, the device may be stopped or muted. The intention to stop or mute the recording should be noted by the member verbally such that it is recorded by the BWC before the deactivation if practicable. When the aforementioned conversation has ended, the member should reactivate the camera promptly and the member shall note verbally that the recording has continued. The member may instead or additionally explain the circumstances of an incomplete recording in a related police report if it is not practicable to verbally declare their intention to stop or mute the recording. Members may also mute the audio portion of the BWC when at the scene of a prolonged and static situation. The intention to mute the recording should be noted by the member verbally such that it is recorded by the BWC prior to muting the device. The video recording should continue through the conclusion of the incident. Members shall mute the microphone on their BWC while inside in-patient care areas of a hospital, rape treatment center, or another healthcare facility to ensure conversations are not recorded between a person in custody and the person’s physician, attorney, or religious advisor unless there is explicit consent from all parties to the conversation (Penal Code §636).  However, members shall reactivate the audio on their BWC as soon as practicable if enforcement or investigative activity with a member of the public resumes. Members shall deactivate (turn off video/audio) their BWC in situations when they are in a private examination room with a subject and the treating physician and/or other sensitive venues. 453.7.2 EXPLOSIVE DEVICE Many portable recorders, including BWC/ICC and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present. 453.7.3 live streaming BWC cameras shall not be activated for live streaming unless authorized by the Watch Commander or a supervisor acting in that capacity, and only for the purpose of providing remote viewing of a critical incident or another type of emergency (e.g. barricaded subject, active shooter, disaster scene, crime scene). Real-time notice shall be provided to any involved member when their BWC is activated for live streaming. 453.8 identifying/tagging recordings BWC and ICC cameras will be integrated with the Department CAD system to auto-tag recordings when an officer is logged into the CAD system and on a CAD-generated call for service. The auto tag feature will attach the CAD number, DR number (if applicable), call type and time and length of the recording. When a member activates a BWC/ICC that is not related to a CAD call, the member shall at a minimum manually enter the CAD number, category, or event type that best describes the content of the video (i.e., arrest, traffic stop, report) and DR number (if applicable) via the MDC, smart device app, or via the desktop app. (Penal Code §832.18). Anytime a member reasonably believes a recorded contact may be beneficial in a non-criminal matter (e.g., a hostile contact), the member should promptly notify a supervisor of the existence of the recording. 453.9 RETENTION OF RECORDINGS Members who have been issued a BWC and/or assigned an ICC equipped vehicle shall retain all recordings by uploading the audio/video files into the designated Department digital audio/video management system. Evidentiary data/recordings of the following shall be maintained for a minimum of two years (Penal Code §832.18): Incident involving use of force by officer; Officer-involved shootings; Incidents that lead to the detention, arrest, or search of an individual; Recordings relevant to a formal or informal complaint against an officer/member of the Burbank Police Department or the Burbank Police Department. Recordings containing evidence that may be relevant to a criminal prosecution should be retained for any additional period and in the same manner as required by law for other evidence that may be relevant to a criminal prosecution (Penal Code §832.18).  All other recordings, including internal and/or external investigations which has a downloaded file of the incident, should be retained for a period consistent with the requirements of the Department’s records retention schedule, but in no event for a period less than 60 days.  Intentional deletions of recordings may be authorized by a Lieutenant if the recording was unintentional and outside the scope of this policy. Any Lieutenant approving the deletion of such recordings shall review the recording and document the authorization on the Watch Commander’s Log. Records or logs of access and deletion of recordings should be retained permanently (Penal Code §832.18). The Chief of Police or his designee will consult with the Burbank City Attorney’s Office to ensure the method of data storage meets legal requirements for chain of custody concerns. All BWC/ICC data uploaded to Evidence.com will be stored in a Criminal Justice Information Services (CJIS) compliant cloud server. 453.10 RELEASE OF RECORDINGS BWC/ICC recordings are investigative records and are generally exempt from disclosure under the Public Records Act. BWC/ICC recordings also qualify as privileged official records. Therefore, based on the exemptions, privileges, and privacy interests involved, the Department will not publicly disclose BWC/ICC recordings unless subject to release by law, including but not limited to Government Code §6254 (effective 7/1/2019 as amended by AB-748). The Chief of Police or his designee has the discretion to allow viewing or release of BWC/ICC recordings if the Chief determines it is in the best interest of the Department and the City of Burbank. The Chief or his designee may issue a narrative in conjunction with any released BWC/ICC recording to provide background information for the event captured on the recording. Every effort will be made to notify an involved member and provide a copy of the recording prior to the release of the recording. 453.10.1 DISCOVERY REQUESTS Designated members assigned to the Administrative Division shall assist the Custodian of Records by preparing digital audio/video recording files for release pursuant to a legal process and have full authority to review, copy, and provide copies of digital audio/video files. Any digital audio/video file released pursuant to a legal process shall be reviewed for relevance. REDACTION OF RECORDINGS The Department will fully comply with discovery requirements as mandated by law. Occasionally, it may be proper to redact portions of recordings. Redaction of BWC/ICC recordings for discovery shall be made only after the approval of the appropriate Division Commander or designee and with notification to the City Attorney’s Office. Redactions may be made when the following information is present: Official information as defined in Evidence Codes §1040 - §1042. Information not related to the incident. Confidential information (i.e., social security numbers, driver license numbers, and confidential informant identification). The assigned Administrative Division members or Custodian of Records shall clearly mark the BWC/ICC recording where redactions have been made and document the justification in a memorandum to the Deputy Chief, Professional Standards Lieutenant, or designee. Redactions simply isolate a portion of the recording but do not permanently delete the isolated portion. 453.11 REVIEW OF BWC/ICC MEDIA FILES When preparing written reports, members should review their recordings as a resource. However, members should not use the fact that a recording was made as a reason to write a less detailed report. Supervisors are authorized to review relevant recordings anytime they are investigating alleged misconduct, reports of the meritorious conduct, or whenever such recordings would be beneficial in reviewing the member’s performance. Recorded files may also be reviewed: To test the BWC/ICC equipment to ensure it is operating properly; Upon approval by a supervisor, by any member of the Department who is participating in an official investigation such as a personnel complaint, administrative investigation, or criminal investigation; Pursuant to a lawful process or by court personnel otherwise authorized to review evidence in a related case. Only certified copies of audio/video files will be offered as evidence in any legal proceeding; By order of the Chief of Police; In compliance with a public records request, if permitted, and in accordance with the Records Maintenance and Release Policy; Prior to courtroom testimony or for courtroom presentation; With the approval of the Chief of Police by members of an oversight group (e.g. OIR Group) By police management or specific designees as directed by the Chief of Police for the purpose of a random or specific audit. It shall be deemed a violation of this policy for a manager or supervisor to review recordings for the sole purpose of searching for violations of Department policy or law not related to a specific complaint or incident. Before any BWC/ICC recording is used for training purposes, it shall be vetted by the Investigation Division Lieutenant to ensure there is no conflict with an ongoing criminal case. In the event BWC/ICC recordings are to be utilized for training purposes, the involved member(s) shall be notified in advance by the COPS Bureau Lieutenant. If the involved member(s) objects to the use of the recording, such objection shall be submitted via memorandum to the COPS Bureau Lieutenant and forwarded to the Deputy Chief for disposition. The value of the recording for training will be weighed against the member’s objections and the basis for the objection. All Department members shall be aware that Evidence.com contains an audit trail software that memorializes every instance a video has been reviewed, downloaded, or shared, or if the data field has been modified. The audit trail captures the member using the software, as well as the date and time of the review. Members shall not review any video footage unless it is meant for investigative, administrative, and/or training purposes. If a member reviews any video footage for any other reason, a memorandum explaining the reason for the review shall be completed and addressed to their respective Commanding Officer. A Department member involved in an officer-involved shooting, in-custody death, incident resulting in serious bodily injury, or suspected of criminal activity, who is providing a voluntary statement, shall be given the opportunity to review his/her own BWC/ICC video recording of the incident prior to providing a statement to criminal investigators. If deemed necessary and appropriate by the assigned investigative supervisor, the involved Department member shall be given the opportunity to review other relevant BWC/ICC recordings that memorialized the encounter from a similar vantage point. The member may have his/her representative present during the viewing of the video recordings and will be afforded the opportunity to privately consult with his/her representative before providing a statement. 453.11.1 ADMINISTRATIVE INVESTIGATION As part of the administrative investigation, the member shall be given the opportunity to view the video recordings of the incident from his/her own BWC and/or assigned ICC-equipped vehicle immediately prior to his/her interview. The member may have his/her representative present during the viewing of the video recordings and will be afforded the opportunity to privately consult with his/her representative(s) before providing a statement. In the event the involved member is involved in an officer-involved shooting, in-custody death, incident resulting in serious bodily injury, or suspected of criminal activity, and does not provide a voluntary statement to criminal investigators, the member will only be allowed to view any recordings immediately prior to his/her administrative interview. However, the involved member shall be provided a reasonable amount of time to view and/or discuss the BWC/ICC recording with his/her representative(s) prior to any administrative interviews. 453.12 CARE OF BWC BWC are sensitive electronic devices. Members shall securely wear the BWC to ensure full functionality and should take proper care to avoid dropping and/or mishandling the BWC. All members to whom a BWC has been issued shall be responsible for maintaining it in proper operating condition. Broken or malfunctioning BWCs should be reported to the member's immediate supervisor as soon as practicable. The supervisor shall ensure prompt replacement or repair of the BWC, including completion of appropriate documentation, as necessary. 453.13 ADMINISTRATIVE ANALYST FOR BWC-ISSUANCE AND MAINTENANCE OF BWC All BWC shall be issued by the Administrative Analyst assigned to the BWC program. The Administrative Analyst shall be responsible for ensuring that issued BWCs are programmed with the user’s unique identification number. If a spare BWC is issued on a temporary basis, then the Administrative Analyst shall ensure that the records reflect the assignment of the spare BWC and the period of assignment. The Administrative Analyst is responsible for the maintenance, repair, and/or replacement of Department issued BWCs and ICC. 453.14 AUDITS Periodic audits of digital audio/video recordings shall be conducted by the Audits and Inspections Unit on a semi-annual basis at a minimum and will include the review of a minimum of twenty-five media files. Audits will be documented in a written report and submitted to the Chief of Police. The audit should recognize professional conduct, performance needing improvement or training, and misconduct. This is to include an annual audit of the remote activation / live streaming function for frequency and purpose. Except when an audit leads to a personnel investigation, a Department-wide daily bulletin will be issued at the conclusion of any BWC/ICC audit, informing Department members of the audit and whether or not any questionable issues were discovered. Upon receipt of the audit report, the Chief will determine whether any of the following is warranted: Employee recognition. Training (individual or Department-wide). Supervisor counseling. Policy revision or adoption. Enhanced supervision protocols. Initiation of a personnel investigation.