SAN DIEGO POLICE DEPARTMENT
PROCEDURE
DATE: SEPTEMBER 26, 2017
NUMBER: 1.49 - ADMINISTRATION
SUBJECT: AXON BODY WORN CAMERAS
RELATED POLICY: N/A
ORIGINATING DIVISION: OPERATIONAL SUPPORT
NEW PROCEDURE:
PROCEDURAL CHANGE:
SUPERSEDES:
MI
NOR CHANGES
DP 1.49 - July 20, 2016
I. PURPOSE
This Department procedure establishes guidelines for Department members using body
worn cameras and procedures for preserving the digital media in Evidence.com.
II. SCOPE
This procedure applies to all members of the Department.
III. BACKGROUND
Law enforcement’s use of in-car cameras and body worn cameras has proven effective in
reducing violent confrontations and complaints against officers. Cameras provide
additional documentation of police/public encounters and may be an important tool for
collecting evidence and maintaining public trust. There is also a learning curve that
comes with using body-worn cameras. Video cannot always show the full story nor does
it capture an entire scene. The use of cameras does not reduce the requirement to provide
thorough written documentation. Persons reviewing recordings must also be cautious
before conclusions are reached about what the video shows.
The Body Worn Camera system operates on rechargeable battery power for up to twelve
hours of continuous buffering and records up to ten hours of continuous video and audio
media. The user can view recordings and add metadata from monitors, computers, and
smart phones by downloading a specific software application.
IV. DEFINITIONS
Body Worn Camera (BWC) – A camera worn on an individual officer’s person that
records and stores audio and video.
Buffering Mode or Standby Mode – The BWC is on but has not been activated to record
both sound and video. While in the buffering mode, the camera will continuously record
only video in 30 second loops.
Event Mode – When the “Event” button on the BWC is activated and the camera is
recording both audio and video. The buffered video (not audio) captured directly before
the event will be saved and attached to the event in permanent memory. Repeated
pressing of the Event button turns the recordings on and off and creates separate media
segments.
BWC Program Administrator (Operational Support) – Police Department program
administrator for Evidence.com and TASER Axon camera system with full access to user
rights and sets user access and parameters.
Digital Evidence – BWC files, including photographs, audio recordings and video
footage, captured by a BWC and stored digitally.
Taser’s Evidence Docking Station (EDS) – A portable multi-ported docking station
installed at area commands. The EDS simultaneously recharges the BWC while
uploading all digitally encrypted data from the device. The docking station then transfers
the digitally encrypted data to Evidence.com.
Evidence.com – A digital evidence management service contracted for the city and
accessed at Sdpd.evidence.com. The service stores digitally encrypted data in a highly
secure environment accessible to personnel based on security clearance.
Metadata – Case numbers, Incident numbers, and other descriptors used to identify digital
evidence. There are 12 searchable fields into which this metadata can be entered.
V. PROCEDURE
A. Officer safety and public safety take precedence over recording events.
Officers shall follow existing officer safety policies when conducting enforcement
stops as outlined in Department policies and procedures. Officer safety and the
safety of the public shall be the primary considerations when contacting citizens
or conducting vehicle stops, not the ability to record an event.
B. Body Worn Cameras shall be used to capture audio and visual evidence for
investigations and enforcement encounters. Officers shall not provide narration
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or dictate their actions to the camera. Detailed police reports are still required and
are the appropriate place to document the totality of the circumstances for the
incident.
C. General
1. Only authorized personnel shall use or be in possession of a BWC device.
2. All officers issued a BWC are required to wear and use their BWC while
working in any uniformed assignment. This applies to overtime
assignments, out of class assignments and special details (11-86).
3. BWC equipment is for official use only and shall not be utilized for
personal use.
4. Officers shall not tamper with or dismantle any hardware or software
component of any BWC device.
5. The use of any other personal recording device for the same purpose is not
authorized without permission of the Chief of Police or designee.
6. All digital evidence collected using the BWC is considered an
investigative record for the San Diego Police Department and is for
official use only.
7. Accessing, copying, forwarding or releasing any digital evidence for other
than official law enforcement use and contrary to this procedure is strictly
prohibited. Public release of digital evidence is prohibited unless
approved by the Chief of Police or designee.
8. Personal computer equipment and software programs shall not be utilized
when making copies of digital evidence. Using a secondary recording
device such as video camera, cell phone or other device to record or
capture digital evidence from Sdpd.evidence.com is strictly prohibited.
D. Storage
When not in use, the BWC devices shall be stored in the designated EDS.
Officers shall ensure the BWC is properly seated into the EDS to allow for proper
downloading, charging, and updating.
E. Pre-shift inspection
1. Officers shall inspect their assigned BWC devices daily to ensure there is
no visual damage and the device is in working order.
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2. Visual damage shall be logged on to the officer’s MCT (Mobile Computer
Terminal) as a journal entry.
3. Inoperable equipment shall be tagged and returned to Operational Support
immediately. If Operational Support is closed, the equipment shall be
returned by the start of the officer’s next work day.
F. Camera Position
Officers shall wear the BWC above the midline of their torso. Officers shall
utilize their viewers to ensure the BWC is in a position where the field of view
provides for effective recording. Officers shall not intentionally obscure the view
of their body worn camera.
G. Equipment Repair, Replacement, and Maintenance
1. When a BWC malfunctions, the officer will notify his or her
supervisor and Operational Support.
2. The officer will note the nature of the malfunction in his or her
journal.
3. The inoperable equipment will be taken to Operational Support for
repair immediately. If Operational Support is closed, the equipment
shall be returned by the start of the officer’s next work day.
4. If Operational Support cannot repair the unit, the manufacturer will be
contacted to facilitate the repair. Repair and replacement of damaged
or nonfunctional BWC equipment is coordinated through Operational
Support and performed through an authorized service provider.
5. This procedure will be followed for all BWC related equipment and
accessories.
H. Privacy Concerns and Advisements
1. Private citizens do not have a reasonable expectation of privacy when
talking with police officers during the scope of an officer’s official duties,
even when the contact is in a private residence. When officers are
lawfully present in a home (warrant, consent, or exigent circumstances) in
the course of official duties, there is no reasonable expectation of privacy.
Therefore, officers are not required to give notice they are recording.
However, if asked, officers shall advise citizens they are being recorded.
2. Officers are not required to initiate or cease recording an event, situation
or circumstance solely at the demand of a citizen.
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3. Officers and supervisors involved in the investigation of a complaint
against a member of the police department must inform complainants and
complaint witnesses they are being recorded.
I. Mandated Recordings
1. Enforcement Related Contacts
a. All officers who are issued a BWC shall keep their BWC on
Buffering Mode/Stand-by Mode while on duty, except during
instances listed in this procedure under Prohibited Recordings.
Keeping the BWC on Buffering/Stand-by Mode allows officers to
capture pre-event recordings when the Event Mode is activated.
b. Officers shall use the Event Mode to record enforcement related
contacts. The Event Mode shall be activated prior to actual contact
with the citizen, or as soon as safely possible thereafter, and
continue recording until the contact is concluded or the contact
transitions from an enforcement contact into intelligence gathering.
c. Officers shall begin recording in the event mode while driving to a
call that has the potential to involve an enforcement contact.
d. Officers are strongly encouraged to inform citizens they are being
recorded in an effort to de-escalate potential conflicts.
e. Enforcement related contacts include the following: Traffic stops,
field interviews, detentions, arrests, persons present at radio calls
who are accused of crimes, and consensual encounters in which the
officer is attempting to develop reasonable suspicion on the subject
of the encounter.
f. Covering another City employee or law enforcement officer during
an enforcement contact, including, but not limited to, PISOs,
Parking Controllers, etc.
g. Officers working plain clothes assignments are exempt from this
policy.
2. Arrests
a. Officers may stop recording in the event mode when the arrestee is
cooperative and safely secured inside a law enforcement facility.
If an arrestee becomes uncooperative, or if there is some
NEW
NEW
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evidentiary purpose, officers should resume recording in the event
mode.
b. If an officer resumes recording in the event mode, the camera shall
remain in event mode until the officer no longer has contact with
the subject.
3. Searches
a. When searching a prisoner and without sacrificing officer safety, it
is advantageous to position the search so that it is captured on
camera. This starts the chain of custody by allowing any
contraband or weapons found to be documented on the BWC
recording.
b. Officers should record during the execution of a search warrant, an
arrest warrant, a Fourth Amendment waiver search, knock and talk,
or a consent search in which the officer is looking for a suspect,
evidence or contraband.
c. During searches of commercial buildings or residential dwellings
when there is a strong indication of encountering a suspect, while
keeping officer safety as the primary concern, officers should
activate their body worn cameras prior to making entry into the
building. The recording of a suspect confrontation normally
outweighs tactics potentially shown in the recording.
4. Transporting Prisoners
a. Officers equipped with BWC will record all prisoner or passenger
transports, regardless of the gender of the prisoner or passenger.
The entire transport will be recorded. Two officer units will be
required to record with at least one BWC during transports.
b. Officers equipped with a body worn camera may transport a
female passenger and or prisoner without the required second
officer if the body worn camera is recording during the entire
transport.
c. In addition to recording with their BWC, officers transporting
female passengers and prisoners shall notify the radio dispatcher of
their beginning mileage and ending mileage.
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5. Suspect Interviews
a. Officers are encouraged to fully record suspect interviews. Officers
shall not stop and start the recording during a suspect interview.
The only exception to recording a suspect interview would be if
the suspect declines to make a statement due to the body worn
camera being activated.
b. When recording interviews, officers shall ensure they record any
admonishments prior to the start of an interview.
6. Special Events
When directed to work a special event, officers shall retrieve and use their
BWCs. Officers shall comply with the provisions of this Department
Procedure.
7. Deactivation of BWC
a. Officers assigned BWCs will occasionally assist specialized
investigative units and agencies in sensitive operations where
confidentiality is imperative to the operation. If there is a specific
reason in the interest of the investigation for officers involved in
the operation to not activate their BWCs, the supervisor in charge
must give his or her approval.
b. Absent any specific reason to not activate the BWC approved by
the supervisor in charge, officers shall record any instances listed
in this procedure.
c. If a supervisor orders an officer to turn off their camera during an
enforcement contact, that officer will document that order on an
Arjis-9 explaining the specific reason why the BWC was not
activated.
d. Additionally, a supervisor who gives an order to an officer to turn
off their BWC during an enforcement contact will also be
responsible for documenting the reason on an Arjis-9.
e. Officers will always document why the BWC was intentionally
deactivated during an enforcement contact.
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J. Discretionary Recordings
1. Victim and Witness Interviews
a. Victim and witness interviews will generally not be recorded.
b. Domestic violence victims often recant their statements as early as
the following morning after a crime. Some victims go so far as to
testify that the officer fabricated their statement. Victims may also
make their children unavailable for investigators or court to avoid
their providing statements. For these reasons, all domestic
violence victims and witnesses should be recorded. Officers should
also record the statements of children of domestic violence victims
who are witnesses in these types of cases.
c. BWCs shall not be used during Sex Crimes or Child Abuse
investigations to include statements of victims, witnesses, and
interactions with parents of victims.
d. When necessary to obtain cooperation, officers may position the
BWC so they capture only audio, and not video, of the person
making the statement.
2. Scene Documentation
Officers occasionally respond to dynamic and chaotic crime scenes. The
initial encounters with the victim, and witnesses, including their location
and any spontaneous statements made, can be important to the overall
investigation. Therefore, officers may use their BWCs to record these
types of scenes for evidentiary purposes.
K. Prohibited Recordings
1. BWCs shall not be used to record non-work related activity.
2. BWCs shall not be used to record in areas or activities such as pre-shift
conferences, Department locker rooms, break rooms, restrooms, or other
activities not related to an enforcement contact or a criminal investigation.
3. BWCs shall not be used during Department administrative investigations.
4. BWCs shall not be used during line-ups or briefings.
5. BWCs shall not be used during major crime briefings, homicide briefings,
or during a homicide walk-through.
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6. BWCs shall not be used during contact with confidential informants.
7. Patient Privacy
a. Officers shall not record patients during medical or psychological
evaluations by a clinician or similar professional, or during
treatment. This includes during PERT clinician interviews.
Officers shall be aware of patients’ rights to privacy when in
hospital settings. When recording in hospitals and other medical
facilities, officers shall be careful to avoid recording persons other
than the suspect.
b. Officers shall not record while in a facility whose primary purpose
is to provide psychiatric or medical services unless responding to a
radio call involving a suspect or taking a suspect statement.
c. Officers shall not regularly record while inside jail facilities.
d. However, in any setting, if confronting a violent or assaultive
suspect, or in an anticipated use of force instance, officers shall,
when reasonably able to do so, activate their BWCs to record the
encounter. BWC should be kept in Buffering/Stand-by Mode prior
to the event.
8. Demonstrations
a. As a general policy, Department personnel should refrain from
video recording or photographing peaceful demonstrations.
b. When there is reason to believe that a planned event has the
potential for unlawful activity, Commanding Officers should make
the determination whether visual recording or photographing is
appropriate.
c. During demonstrations, officers should operate cameras in the
buffering/Stand-by mode. If officers witness crimes occurring
among the demonstrators and/or believe an arrest is likely, they
should begin recording in the Event mode.
9. Officers shall not record informal or casual encounters with members of
the public. Officers should consider that recording people in some
circumstances may inhibit sharing neighborhood information or
developing strong ties between members of the community and officers.
During these contacts, the BWC should be kept in Buffering/Stand-by
Mode.
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L. Entering Metadata
Each recorded segment requires metadata be entered, even if the segments are of
the same event. All officers are required to add metadata at the conclusion of the
event. The only exception is for officer safety reasons, at which time metadata
should be added as soon as possible. Metadata consists of an identification field,
retention category, and recording title. If an incident number exists, the complete
incident number shall be input into the identification field. Absent an incident
number, a citation number or field interview number may be used. Officers shall
select the retention category that most accurately fits the recording. Recording
titles may vary and include the location, crime type, or suspect name.
Viewing or adding metadata will not alter the video recording as it is protected
with multiple layers of encryption on the aforementioned devices, the BWC itself
and at Evidence.com.
M. Documentation of Recorded Events
All recordings shall be documented, such as in an ARJIS 9, citation, Field
Interview, Traffic Warning, CAD incident history, or the officer’s daily journal.
1. ARJIS 2 and ARJIS 8 – Officers shall document the existence of BWC
evidence as well as a short description of what the recording depicts in the
narrative of the report. Additionally, “BWC Recording” shall be recorded
in the Evidence section of the report.
2. ARJIS 9 – Officers shall document the existence of BWC evidence as well
as a short description of what the recording depicts in the narrative of the
report. Additionally, “BWC Recording” shall be recorded in the Property
Tag section of the report.
3. Field Interview Slips and Traffic Warnings – “BWC Recording” shall be
recorded in the narrative.
4. Traffic Citations – “BWC Recording” shall be recorded in the case
number box near the top of all citations.
5. Other Reports – “BWC Recording” shall be recorded in the narrative.
6. Other Recordings – Non evidentiary recordings, such as inadvertent
recordings, recordings initiated for training, or recordings with no
associated report shall be documented on the officer’s journal.
a. Unless writing their own report, cover officers shall notate in their
journal, and the CAD incident report. Additionally, they will
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notify the case agent of an incident that BWC evidence exists and
provide a short description of what the recording depicts.
7. Supervisor’s reviewing and approving reports shall ensure officers
properly document and record events.
N. Impounding Procedures
After verifying the required metadata has been added to all recorded events,
officers shall place the BWC into a slot on the EDS and ensure it is properly
seated at the end of their shift. This will allow for the battery to recharge. The
data will automatically be transferred from the BWC through the EDS to
Evidence.com. The data is considered impounded at this point.
O. Retention of Digital Evidence
All recordings related to any criminal proceeding, claim filed, pending litigation,
or a personnel complaint, shall be preserved until that matter is resolved and/or in
accordance with the law. Officers and detectives are required to ensure that the
BWC evidence is properly categorized for the necessary retention period.
P. Accessing Impounded Digital Evidence
1. All those given permission associated with Evidence.com may review
digital evidence.
2. Using a Department computer, enter Sdpd.evidence.com in the browser.
3. Enter assigned user name and password. For help with problems, contact
the Department Program Administrator in Operational Support
Administration.
4. Digital Evidence can be viewed and/or copied from this location.
Q. Reviewing Impounded Digital Evidence
1. Officers may review their own digital evidence. Digital evidence can
provide a cue to an officer’s priming memory to recall more facts and
greater detail of an incident.
2. Detectives are responsible for reviewing, updating and tracking digital
evidence associated with their assigned cases.
3. Detectives and personnel assigned to investigative assignments (e.g., NRC
Desk) are responsible for forwarding BWC video evidence to either the
District Attorney or City Attorney’s Evidence.com accounts. Digital
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evidence will be submitted at the same time the case file is submitted for
prosecutorial review.
4. BWCs have a field of vision of either 75 degrees for the Flex or 130
degrees for the Axon. While human beings have a field of vision of 180
degrees, the human brain has a field of attention of 50-60 degrees. Under
stress, this field can narrow down to a ½ degree. Stress also induces
auditory exclusion and prevents the brain from analyzing and
remembering all the stimuli that it takes in through the senses.
Officers make decisions based on the totality of the human senses. An
officer’s recollection of specific details may be different than what is
captured in digital evidence since BWCs only capture audio and video.
Officers should review digital evidence prior to completing reports to
assist in priming their recollection. Officers shall write their reports to
what they remember and notate any discrepancies from what the recording
shows. Officers shall not write their reports based solely on what they
viewed from the BWC recording.
5. Officers shall review digital evidence prior to providing testimony at
hearings, trial, or depositions.
6. It is NOT the intent of the Department to review digital evidence for the
purpose of general performance review, for normal preparation of
performance reports, or to discover policy violations.
7. Digital evidence may be viewed for administrative purposes limited to the
following:
a. Any incident in which a member of the Department is injured or
killed during the performance of their duties.
b. Any incident involving the use of force by a member of the
Department, including canines, which results in injury or death.
c. Any in-custody death.
d. Any police pursuit.
e. When any member of the Department intentionally or
unintentionally discharges a firearm at a person regardless of
whether an individual is struck.
f. When any member of the Department not involved in training
intentionally or unintentionally discharges an ERIW at a person
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regardless of whether an individual is struck.
g. When any member of the Department not involved in training
intentionally or unintentionally discharges a Conductive Energy
Weapon at a person, including the application of a drive stun.
h. Officer involved traffic collisions.
i. Prior to the release of recordings in response to a proper legal
request (e.g., in response to a subpoena or other court order).
j. In preparation for a civil deposition or responding to an
interrogatory where the incident arises from the employee’s
official duties.
k. When preparing to testify in a criminal, civil, or administrative
proceeding arising from the employee’s official duties.
l. For investigations undertaken by the Department, for the purpose
of proving or disproving specific allegations of misconduct.
m. For administrative proceedings, when digital evidence is used by
the Department for the purpose of proving or disproving
allegations of misconduct, only digital evidence relevant to the
investigative scope shall be viewed and retained by investigators.
Information relevant to the recordings viewed and seized as
evidence by investigators shall be documented as part of the
chronological summary of any investigation undertaken by the
Department.
n. Supervisors should review BWC recordings to assist citizen’s
complaints. Supervisors have discretion to show BWC recordings
to a complainant when it relates to his or her complaint, to assist in
clarifying the complaint, resolving the complaint, or having the
complaint withdrawn.
8. In situations where there is a need to review digital evidence not covered
by this procedure, a captain or higher must approve the request. Each
situation will be evaluated on a case by case basis.
VI. DISCOVERY OF MISCONDUCT
Employees reviewing event recordings should remain focused on the incident or
incidents in question and review only those recordings relevant to their investigative
scope. If improper conduct is suspected during any review of digital evidence, the person
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who discovered the conduct in question shall immediately notify a supervisor. The
supervisor will report the conduct to the officer’s commanding officer through the chain-
of-command. Nothing in this procedure prohibits addressing policy violations.
VII. COPYING AND RELEASING DIGITAL EVIDENCE
Digital evidence captured by BWC shall be treated as an investigative record and handled
pursuant to existing Department policies and procedures.
VIII. USE OF DIGITAL EVIDENCE FOR TRAINING PURPOSES
Officers and supervisors may find it useful, and are encouraged, to review recordings of
incidents in which they were involved when beneficial for the purpose of conducting a
tactical debrief. When an incident is recorded which may be of value as a training aid
for a broad section of the Department, the recording officer or that officer’s supervisor
should receive approval from their commanding officer to contact the Training Captain
who will review the digital evidence to determine the value of the incident for training. If
the Training Captain determines the incident would be an appropriate training aid, the
Training Captain shall obtain approval from the Department Legal Advisor and from the
Assistant Chief of Training and Employee Development.
IX. SUPERVISORS RESPONSIBILITIES
A. Sergeant’s Responsibilities
1. Sergeants who have personnel assigned to them who wear a BWC are
required to conduct monthly inspections. The inspections will assure that
the BWC is being used to record enforcement related contacts and other
incidents set forth in this procedure. Inspection results will be entered and
forwarded to the respective Lieutenant of the division for review and
approval.
2. Sergeants will randomly select at least two dates each month, that their
employees were working, to inspect the proper use of the officer’s BWC.
The supervisor will confirm that the number of enforcement contacts
match up to the number of videos submitted. If the supervisor identifies a
discrepancy, they will follow-up with the officer to determine the reason
the videos submitted did not match up with the officer’s number of
contacts. If the supervisor is satisfied with the reason then no further
action is required. If the supervisor feels a violation of this procedure
occurred, appropriate action will be taken.
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Sergeants will make sure that all BWC videos were uploaded and
categorized with the appropriate metadata. All videos that are
uncategorized will be immediately corrected by the officer. The supervisor
will then re-inspect the BWC video to confirm the corrections were made.
3. If during the inspection, the sergeant determines that the officers BWC is
not functioning properly, the BWC will be immediately returned to
Operational Support Administration for repair and/or replacement.
B. Lieutenant’s Responsibilities
1. Lieutenants will complete a BWC Divisional Monthly Inspection. The
inspection form will be completely filled out to include all of the squads
who work directly for the lieutenant.
2. Lieutenants will ensure the Sergeant’s inspection forms are completed
correctly. If a supervisor identifies a discrepancy, the lieutenant will
follow up with the supervisor to ensure the discrepancy is corrected.
3. Inspection results will be entered and forwarded to the Captain of the
division for review and approval.
C. Captain’s Responsibilities
1. Captains will review their divisions BWC Monthly Inspection to ensure
compliance of this policy.
2. The Captain will forward the BWC Inspection to their respective Chief.
3. Captains will be responsible for making sure that personnel who return to
their command from an extended absence are re-issued a BWC and attend
any needed BWC training.
X. BWC PROGRAM ADMINISTRATOR RESPONSIBILITIES
A. BWC Program Administrators shall be sworn members assigned to Operational
Support. BWC Program Administrators are responsible for performing the
following duties:
1. Maintain and troubleshoot the BWC units.
2. Maintain a record of assigned BWC and related equipment.
3. Be proactive and able to complete minor repairs.
4. Arrange for the warranty and non-warranty repair of the BWC units.
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5. Repair or replace BWC components (cameras, docking stations, etc.).
6. Maintain BWC equipment repair and maintenance records.
7. Update software and system settings as necessary.
8. Train officers on current policy and the proper use of BWC units.
9. Provide official copies of any recording audit trail when properly
requested.
10. Provide official copies of digital media when properly subpoenaed.
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