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Lake County Sheriff’s Office

General Order 17 (E)
Peyton C. Grinnell, Sheriff

Title: Mobile Recording Devices

Effective Date: October 5, 2015 Last Revision Date: May 10, 2021
Accreditation Standards:
CFA: 32.02M Scope: All Members

I. PURPOSE: The purpose of this policy is to establish the guidelines and procedures for the use of
recording equipment and the control and storage of information obtained on the recordings.

II. POLICY: Recording equipment may be used in day-to-day operations to accurately document and
record any of the incidents or events that members may encounter during their tour of duty. All
recordings will be handled in accordance with state and federal laws and agency policy and may likely
be subject to public information requests.

III. PROCEDURES:

A. BODY WORN CAMERAS:

1. Definitions:

a. Body Worn Camera (BWC) – an agency issued video and audio recording system worn
on a deputy’s person.

b. Buffering Mode (Stand-by Mode) – The camera shall be turned on. This allows the camera
to capture 30 seconds of pre-activation video imagery, but no audio.

c. Tagging/Tag –Labeling or identifying a particular video in the approved video evidence

storage system

d. Test Video – Non-evidentiary video of any length of time. With the camera turned on,
double press the event button to record a video. Press and hold the event button to stop the
recording.

e. Uploading – The transmission of information from a BWC to a main server designed to

hold video evidence, by docking the camera.

2. Activation Criteria and General Requirements [CFA: 32.02M (B)]:

a. Deputies shall only wear agency-issued BWCs.

b. BWCs will be used for official purposes only.

c. BWCs will only be used by deputies after they have received agency-approved training.

d. Deputies working in an assignment in which body worn cameras are required shall wear
their assigned BWCs, or check out a spare if one is needed.
1) Members who are not assigned a BWC but volunteer to work in an assignment in
 which the cameras are required (i.e., reserve deputies, plain-clothes deputies working
uniformed details, etc.), shall check out a spare through IT. Arrangements for checking
out a spare shall be made in 24-hour advance with IT in order to ensure a camera is
available for the scheduled shift, unless there is less than 24 hours notice when the
detail becomes available.

e. Deputies shall wear their BWC in such a way where the camera’s view is unobstructed, by
using the approved mounting hardware.

f. Deputies are required to keep their BWC in Buffering Mode during the entirety of their
shift. This allows the buffering feature to work and capture critical pre-activation video
when the camera is activated.

g. Deputies shall activate the BWC when any citizen or arrestee is being transported in an
agency vehicle to any location. Once the citizen or arrestee is placed in the vehicle and is
within view of the vehicle’s in-car camera system, the deputy may deactivate the BWC.
The BWC should be reactivated, however, in extenuating circumstances, at the deputy’s
discretion, i.e., the arrestee becomes combative or attempts self harm, or escape, etc.

h. Deputies are required to activate their body-worn cameras when arriving at a call or self-
initiating law-enforcement-related encounters and activities, even when working an off-
duty assignment in uniform. Examples of law-enforcement-related encounters include, but
are not limited to, traffic stops, detentions, consensual encounters of suspicious persons,
arrests, searches, interrogations or interviews, and pursuits. Exceptions to the activation of
the camera requirements are:

1) Deputies are not required to activate the BWC during interactions with crime victims,
witnesses and members of the community who wish to report or discuss criminal
activity. Deputies should balance the value of obtaining a recording with the possible
reluctance of a victim or witness to provide information while being recorded.
Deputies shall not use a recorded statement on the BWC in lieu of a written statement
required by policy.

2) When deputies are interacting with a crime victim and the BWC is activated, they shall
inform the victim they are being recorded and obtain consent to continue the recording;
however, if a suspect is present, e.g. domestic violence investigation, the deputy shall
not turn off the BWC.

i. Deputies may inform subjects when they are being recorded, if they believe it would help
to diffuse a situation. The subject’s consent is not required to continue the recording.

j. If the BWC is not activated and an encounter with a person starts to become adversarial,
the deputy shall attempt to activate the camera.

3. Restrictions [CFA: 32.02M (C)]:

a. Deputies shall not record other agency personnel during routine, non-enforcement-related
activities unless recording is required by a court order or is authorized as part of an
administrative or criminal investigation.

b. To protect their identities, deputies shall not record conversations with undercover
personnel, if avoidable.

c. Deputies should avoid recording when tactics or strategy is being discussed.

d. Deputies shall not record in any place that a person will have a reasonable expectation of
privacy, e.g. bathrooms, locker rooms, medical facilities when confidential patient
information may be recorded.

e. Deputies shall not utilize a BWC to record a telephone conversation, unless consent is first
obtained or the recording is authorized as part of a criminal investigation. Audio recording
 with a BWC is not authorized during an administrative investigation, unless consent is
obtained.

f. Deputies shall not use non-agency equipment or devices to record or upload video from
BWCs. Deputies may not use non-agency equipment to view, tag or display BWC video
to further operational or investigative efforts.

4. Uploading, Storage, Record Management System (RMS), and Tagging

a. Deputies shall upload their assigned cameras prior to the camera reaching its maximum
storage capacity. At a minimum, deputies are required to upload the camera every other
shift and prior to beginning their scheduled days off.

b. Regardless of whether or not the user has videos, at a minimum, deputies are required to
dock the camera for offloading prior to beginning their scheduled days off. This can be
accomplished by using a docking station. This is required by the manufacturer to receive
updates and synchronize the time and date.

1) Deputies will have the option to connect their cameras at their place of residence,
provided they have high-speed internet service that is approved by IT. The Sheriff’s
Office will provide the single-bay charging docks; however, the internet service will
be at the employee’s expense.

2) Other locations for connecting the BWCs may include, but not be limited to, the
Administration Building, the Detention Center, the South Lake District Office, and
other locations strategically and conveniently located in the county.

c. If a user has not uploaded a video within 30 days, it is recommended the user record and
upload a test video to confirm proper functionality of the camera.

d. RMS integration should automatically obtain CAD information in an effort to

automatically tag most videos.

e. Regardless of RMS integration, deputies are responsible for confirming all BWC videos
are properly categorized and tagged at the completion of each event. When manually
tagging, videos will be classified according to the type of event or incident.

f. There are times where automated tagging will not properly identify the video, making it
important for the BWC user to confirm the video is properly identified in the video
evidence storage system.

g. Deputies shall only use agency-owned equipment and approved methods to upload BWC
videos.

h. When a deputy is involved in a deputy-involved shooting, in-custody death, a pursuit that

results in serious bodily injury or death, or a use-of-force incident that results in serious
bodily injury or death, the deputy’s supervisor shall dock the camera immediately. The
evidence shall be restricted in Evidence.com to CIB, Evidence, and Professional Standards,
and other entities with a legitimate need for access.

i. Agency personnel shall not copy, share, distribute, publish or delete a video recording
except as authorized by agency policy for official purposes.

j. Videos copied for training purposes shall only be downloaded by the Training Bureau.

k. Videos from BWCs will be stored on an agency-approved video-management system.

1) Body cam footage will be securely uploaded and stored through Evidence.com.

2) Members are not required to fill out property receipts for body cam video or any other
digital evidence.
 l. Videos will be retained in accordance with applicable law and agency policy.

1) The AXON system applies records retention periods by automatically placing videos
in a 30-day delete queue once the retention period has passed. [CFA: 32.02M (E)]

m. Public record requests will be handled in accordance with agency policy.

5. Documentation [CFA: 32.02M (D)]:

a. Deputies shall document in charging affidavits and incident reports that a video was
recorded from a BWC.

b. Deputies are permitted to review the video recording as part of a thorough investigation
when writing a report if deemed necessary.

c. If a deputy fails to activate the BWC, fails to record the entire contact, or interrupts the
recording, the deputy shall document the reason in the incident report.

d. If the BWC comes off the deputy’s person while recording, the deputy shall document such
in his or her related incident report if one is generated.

6. Audit Requirements:

a. The AXON camera system is equipped with an automated program that randomly selects
10 videos per month for the Office of Professional Standards to audit, if deemed necessary.
The purpose of such an audit would be to confirm that the procedures outlined in this
general order (i.e., proper documenting, timely uploading, etc.) are being followed and to
obtain video material that may be suitable for training purposes.

7. Maintenance:

a. The Information Technology (IT) Department shall coordinate servicing and repairing
BWC systems.

b. IT shall maintain a maintenance log of all BWC systems.

c. Deputies shall report all malfunctions of, or damage to, a BWC system to their immediate
supervisor and IT. The deputy shall immediately call IT in order to have a spare assigned.
Deputies shall file reports for all BWC systems that are lost or damaged.

d. Unauthorized personnel shall not attempt to service or make repairs to BWC systems.

e. Deputies assigned a BWC are responsible for the proper use, care, charging and storage of
the device.

f. IT on-call personnel will not be utilized for routine service issues. Those should be handled
during normal IT business hours.

8. Taskings:

a. Requests from the State Attorney’s Office for BWC videos will be the responsibility of the
Evidence department.

b. Public records requests for BWC video will be fulfilled by the Legal Department after
review and redaction by the Records Department on Evidence.com . Discovery requests in
criminal cases will be fulfilled by the Evidence Department.

9. Training: Deputies shall receive agency-approved training prior to using BWCs. Training will
be provided to all members on an ongoing basis, as needed. [CFA: 32.02M (A)]
B. IN-CAR CAMERA SYSTEMS:

1. Definitions:

a. Evidentiary Recordings – recordings generated by mobile video recording equipment that

contain evidence of a crime or infraction for use in court, civil litigation or resolution of a
citizen complaint.

b. Mobile Video Recording Equipment (MVR) – mobile video recording system, including
but not limited to front-facing camera, secondary camera, two battery packs, a Cradlepoint
router, AXON signal device, and Cradlepoint antenna. MVR equipment is mounted in
motor vehicles. MVR systems record activity occurring in the front of the vehicle while
others also have the ability to record the rear seat or out the back window of the vehicle.

c. Non-Evidentiary Recordings – recordings generated by mobile video recording equipment

that do not contain any evidence of a crime or infraction. (momentary activation of the
system due to a DAV, citizen assist, etc.).

2. Activation Criteria and General Requirements [CFA: 32.02M (B)]:

a. MVRs may be used for official purposes only.

b. Deputies operating vehicles equipped with MVR shall record all:

1) Traffic stops.

2) Vehicle pursuits.

3) Emergency operation of the vehicle.

c. Deputies may use MVRs to record incidents of public safety concern on roadways,
sidewalks, and other areas open to the public.

d. Deputies shall only use agency-issued MVRs.

e. MVRs will only be used by deputies after they have received agency-approved training.

f. Deputies may inform subjects when they are being recorded, if they believe it would help
to diffuse a situation. The subject’s consent is not required to continue the recording.

g. If a deputy has both a body worn camera and an MVR, the deputy is required to ensure
both are recording.

3. Restrictions [CFA: 32.02M (C)]:

a. Deputies shall not record other agency personnel during routine, non-enforcement-related
activities unless recording is required by a court order or is authorized as part of an
administrative or criminal investigation.

b. To protect their identities, deputies shall not record conversations with undercover
personnel, if avoidable.

c. Deputies should avoid recording when tactics or strategy is being discussed.

d. Deputies shall not record in any place that a person will have a reasonable expectation of
privacy, e.g. bathrooms, lockers rooms, medical facilities when confidential patient
information may be recorded.

e. Deputies shall not use non-agency equipment or devices to record or download video from
 MVRs. Deputies may not use non-agency equipment to view, tag or display MVR video
to further operational or investigative efforts.

4. General Operating Procedures:

a. Deputies shall have the MVR in standby mode and ready for immediate activation while
on-duty.

b. Deputies shall confirm the equipment is operational and the date, time and identification
information is correct.

c. Deputies conducting traffic stops with vehicles equipped with MVR shall position them in
a safe location to record the entire stop.

d. During lowlight conditions, headlights and spotlights should be adjusted to give the best
lighting in the test area and reduce reflected light that may affect the MVR.

e. Deputies who activate MVRs shall continue to record until:

1) The incident is concluded.

2) Ordered to stop by a supervisor.

3) Beginning to direct traffic or assist in traffic control.

4) There is no longer a legitimate need to continue the recording, i.e., while waiting for
a wrecker with no arrestee in the vehicle.

f. If the MVR is manually stopped during an incident that policy would require the deputy to
record, the deputy shall document in an incident report and/or charging affidavit the reason
why the MVR was not utilized or that it ceased to function.

g. If the deputy’s vehicle is equipped with a rear seat facing camera, the deputy shall record
the arrestee for the duration of the transport.

h. Deputies are permitted to review the video recording as part of a thorough investigation
when writing a report if deemed necessary.

i. If the deputy determines the MVR stopped functioning properly, the deputy shall document
the problem in an incident report and/or charging affidavit explaining why the MVR was
not utilized or that it ceased to function. The deputy shall notify his/her immediate
supervisor. The deputy shall bring the vehicle to Fleet Maintenance for diagnostics and
repair immediately following their shift.

j. Evidentiary recordings will be available to the State Attorney’s Office via the video server.

k. If the MVR was utilized, deputies shall note it in the charging affidavit and/or incident report.
[CFA: 32.02M (D)]

5. Downloading and Storage:

a. Deputies shall properly categorize and tag videos at the completion of each video event.
Videos will be classified according to the type of event or incident captured in the footage
to include whether it is evidentiary or non-evidentiary.

b. Deputies shall only use agency-owned equipment and approved methods to download
MVRs.

c. When a deputy is involved in a deputy-involved shooting, in-custody death, a pursuit that

results in serious bodily injury or death, or a use-of-force incident that results in serious
bodily injury or death, the investigating authority shall be responsible for taking custody
 of the camera and performing the download.

d. Agency personnel shall not copy, share, distribute, publish or delete a video recording
except as authorized by agency policy for official purposes.

e. Videos needed for training purposes shall only be downloaded by the Training Bureau.

f. Videos from MVRs will be stored on an agency-approved video management system.

g. Videos will be retained in accordance with applicable law and agency policy.

h. Public record requests will be handled in accordance with agency policy.

6. Audit Requirements:

a. The AXON camera system is equipped with an automated program that randomly selects
10 videos per month for the Office of Professional Standards to audit, if deemed necessary.
The purpose of such an audit would be to confirm that the procedures outlined in this
general order (i.e., proper documenting, timely uploading, etc.) are being followed and to
obtain video material that may be suitable for training purposes.

7. Maintenance:

a. Fleet Maintenance shall coordinate installing, removing, servicing, and repairing all MVR
systems.

b. Deputies shall report all malfunctions or damage to an MVR system to Fleet Maintenance
and their immediate supervisor.

c. Unauthorized personnel shall not attempt to service or make repairs to MVR systems.

8. AXON Capture Software:

a. For routine digital evidence gathering in the field, i.e., photographs, recorded interviews,
and videos, deputies shall download and utilize the AXON Capture app on their
smartphones.

b. Upon taking a photograph, video, or audio recording, deputies shall properly label the items
of evidence in the app with the appropriate case number and title reference before
uploading the material. When uploaded, the items are automatically securely stored with
all relevant information in Evidence.com. No property receipt is required for such digital
evidence as all pertinent information is provided within the app itself.

c. This section is not meant to prohibit crime scene investigators from using more elaborate
cameras and equipment when needed while performing their assigned duties.

APPROVED:

Peyton C. Grinnell
Sheriff of Lake County