Approved: CALEA Effective Date: March 5, 2013 CHAPTER 6 – INVESTIGATION OPERATIONS Evidentiary Digital Imaging and Video 616.1 PURPOSE AND SCOPE This policy establishes procedures for all members who capture, use, and manage evidentiary digital images or video. 616.2 DEFINITIONS Archiving – The process of storing data in a manner suitable for long-term availability and retrieval. Authentication – The process of substantiating that the data (digital evidence) is an accurate representation of what it purports to be (i.e., original image). AXON Capture – A mobile application available for download onto departmentally provided smart devices that can be used to capture digital images, audio recordings, and video recordings. AXON Evidence Upload – A desktop application for uploading digital evidence to Evidence.com. Capturing – The process of recording data, such as an image or a video sequence. Chain of Custody – The chronological documentation of the movement and possession of evidence. Copy – An accurate reproduction of information (e.g., digital image). Digital Evidence – Information of probative value stored in digital (binary) form. Digital Image – An image represented by discrete numerical values that appears like a photograph when viewed on a monitor or paper. Downloading – Receiving data to a local system from a remote system. Evidence.com – A cloud based application used to store Body Worn Camera and In-Car Video (BWC/ ICC) as well as other forms of digital evidence, to include photographs and video. Integrity Verification – The process of confirming that the data presented is complete and unaltered since the time of acquisition. Intermediate Storage – Any media (memory card) or device (camera internal memory) on which data is temporarily stored for transfer to permanent storage. Media (Storage Media) – Objects on which data can be stored. Metadata – Data, frequently embedded within a file that describes a file, which can include location, date and time, and equipment used to record file. Processed Image – Any image that has undergone enhancement, restoration, or other operation. Propriety File Format – Any file format that is unique to a specific manufacturer or product. Uploading – The transfer of data or files form one device (camera / smart device) to another (computer). Work Copy – A copy or duplicate of a recording or image that can be used for subsequent processing or analysis. 616.3 POLICY All members handling digitally stored evidence from digital cameras, smart devices, or video recorders shall comply with the procedures in this policy to ensure the integrity and admissibility of such evidence. Once digital evidence is recorded, it shall not be deleted, processed, or altered in any way prior to the uploading of the images into the designated digital evidence management system. All recorded evidentiary photographs shall be preserved regardless of the quality, composition, or relevance. Additionally, the following general guidelines shall apply to all digital files: Copies of digital files shall be used and distributed only for official business. Digital evidence shall not be distributed or posted on the internet without specific authorization from the Investigation Division Commander. This does not apply to images required for creating crime bulletins by authorized personnel. Images to be included in crime bulletins may be approved by an Investigation Bureau supervisor. Sensitive digital evidence, such as child pornography, shall be carefully protected to ensure the images are not distributed, viewed, or possessed in violation of any laws or by members not directly involved with the case. Any member uploading sensitive digital evidence shall notify the Forensic Specialist supervisor as soon as practicable after the evidence is uploaded. Digital images that are enhanced to provide a better quality photograph for identification or for investigative purposes must only be made from a work copy of the original file. If any enhancement is done to the copy of an original for distribution to investigators or in response to a legal process, the existence of the enhanced copy and the reasons for the enhancement shall be documented by the member creating the enhanced copy in a supplemental report. Members shall not access the digital evidence management system except for official business, which may include to further criminal investigations or prosecutions or to prepare for an internal investigation, unless doing so would jeopardize the integrity of the investigation as determined by the Chief of Police. The Professional Standards Bureau will conduct regular audits of the digital evidence management system. The audit shall include a review of user logs to verify that images are accessed only for official purposes. 616.4 RECORDING OF DIGITAL EVIDENCE In addition for investigative purposes, digital images should be captured when evidence cannot be preserved by other means. Members should not use personal digital cameras or cell phone cameras in the course of their official duties and should use only Department issued equipment to record digital evidence. A Forensic Specialist should be requested to record major crime scene images or incidents requiring specialized documentation. 616.5 PRESERVATION OF DIGITAL EVIDENCE Chain of custody must be maintained for all digital evidence recorded by members of this Department. Chain of custody documentation should include who captured the image and who uploaded it into the digital evidence management system. Once digital files are uploaded, the system will authenticate original files and will maintain an audit trail of all access to digital files. Integrity verification of digital evidence shall be the responsibility of the Forensic Specialist Supervisor or designee. 616.5.1 MEMBER RESPONSIBILITIES The following procedures shall be followed by members: Any member, who responds to the scene of an accident or crime and captures the photographic image/images of a deceased person by any means, including, but not limited to, by use of a personal electronic device or a device belonging to the Department shall only use that image/images for official law enforcement purposes. Unless there is an investigative necessity, image files should not be opened or reviewed prior to uploading and storage. Once uploaded into the digital evidence management system(s), member may review images as necessary to prepare reports. Where possible, the cameras, smart devices, or storage devices should be connected to designated workstations and uploaded directly into the digital evidence management system(s) or by using the AXON Capture wireless upload. Digital files should not be copied to a temporary location before they are uploaded into the system(s). Each member is responsible for uploading still images or video captured using a digital camera or Department provided smart device into the designated digital evidence management system(s) at the end of the member's shift. Sets of images related to a specific case should be identified by using “DR/Photo Cards,” or some other visible identifier, immediately before the first images. If a member uploads an image into the wrong folder, the member shall immediately notify the FS Supervisor or Axon Administrator via email, providing sufficient information to correct the error. Each member will be responsible for ensuring that no images remain in the camera or on the removable memory card before the camera or memory card is placed back into service. 616.5.2 ADMINISTRATOR RESPONSIBILITIES The Professional Standards Lieutenant and/or Forensic Specialist Supervisor will be the custodian of all digital evidence stored on the designated digital evidence management system(s) and shall be responsible for its administration. The Administrator shall ensure that digital files are being properly uploaded and stored, that sufficient storage capacity is available in the system(s), and that archiving and purging schedules are followed. The Administrator shall also be responsible, upon notification, for protecting sensitive files or images against unauthorized access. 616.6 Digital EVIDENCE MANAGEMENT SYSTEM The Department utilizes Axon Evidence to store and preserve digital still and video evidence. The system consists of two modules: Axon Evidence Upload – Used by authorized personnel to upload digital images into the system. Evidence.com – Used by authorized personnel for viewing, printing, or copying digital evidence. All members with the need to view or copy digital evidence stored in the digital evidence management system will have access to Evidence.com. Evidence.com may be accessed only for official business and only from Department computers. No member shall permanently store or duplicate any digital evidence on any device or system outside of Evidence.com without written supervisory approval. Such approval may be in the form of an official memorandum or an email. 616.6.1 REQUESTS FOR IMAGES NOT AVAILABLE IN Foray Authorized personnel who need to view or obtain a copy of a digital image that was produced prior to the implementation of Evidence.com and was not transferred into Evidence.com must request copies of the images via email (BPDForensics@burbankca.gov) from the Forensic Specialists. The request should contain sufficient information about the case to help locate the images and determine authorization. 616.6.2 NON-EVIDENTIARY DEPARTMENT PHOTOS Historical or significant Department photographs are stored on a designated external hard drive in the Forensic Unit.The request for the storage of such photographs shall be directed to the Forensic Specialist Supervisor once approval is obtained. Department photographs shall not be stored in any folder containing digital evidence. Access to Department photographs stored in the Forensic Unit may be authorized only by the Chief of Police or designee. 616.7 PURGING and ARCHIVING The Forensic Specialist Supervisor is responsible for ensuring that crime scene photo and video digital evidence is retained or purged in accordance with applicable evidence codes or retention schedules. Digital evidence related to a Cold Case shall not be purged without the written approval of the Investigation Division Commander. The Forensic Specialist supervisor shall also be responsible for archiving any digital images identified for long-term storage. Images should be archived when long-term storage is necessary. Unless specifically authorized by the Investigation Division Captain, the primary storage (Evidence.com) should only be used to store images for active cases. The method and location for archiving shall be determined by available resources and in consultation with the Investigation Division Commander. It is the responsibility of each employee who uploads digital evidence to ensure that the item is labeled and categorized correctly, according to the crime classification. It is the responsibility of the assigned Detective/IO, should the classification of the case change, to relabel and recategorize the digital evidence to the appropriate crime classification.