Orange County Sheriff'S Office General Order: Purpose

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 7

ORANGE COUNTY SHERIFF'S OFFICE

GENERAL ORDER
Effective Date: September 24, 2021  Amends - GO 9.1.9 (February 27, 2021) Number: 9.1.9

Reviewing Authority:
Distribution: All Personnel Review Month: April
HRD / Training

Subject: Body Worn Cameras (BWC)

This order consists of the following:


1. Purpose
2. Policy
3. Definitions
4. Procedures

1. Purpose
The purpose of this policy is to establish guidelines and procedures for using body worn
camera (BWC) equipment to enhance the public trust by:
 being transparent in our law enforcement services;
 preserving evidence of employee interactions with the public;
 capturing and preserving evidence for court;
 assisting employees with recalling facts or other details captured by the
BWC, that will help them accurately articulate the chain of events when
writing reports; and
 serving as a training tool to assess officer safety, best practices and our
interpersonal actions with the public.

2. Policy
It is the policy of the agency that employees, who are issued a BWC, shall activate the
agency issued body worn camera when such use is appropriate to the proper
performance of his or her official duties and when the recordings are consistent with this
policy and law. This policy does not govern the use of surreptitious recording devices
used in undercover operations.

3. Definitions
A. Body Worn Camera (BWC) – an agency issued video and audio recording system
worn on a employee’s person, designed to record events for secure storage,
retrieval, and analysis.

B. Buffering Mode (Stand-by Mode) – When the battery pack power switch is in the
“on” position. This mode allows the camera to capture one minute of pre-activation
video imagery and audio.

C. Docking Station – A secured device that transmits BWC information, charges the
BWC and provides manufacture updates to the equipment.
9.1.9, Page 2 of 7

D. Mobile Video System Coordinator (MVSC) – agency member responsible for the
coordination of body worn and in-car camera systems.

E. Evidence.com- Axon Enterprise, Inc (Axon) solution for secure digital media
storage and management.

F. Evidence SYNC- An internet based software that enables transfer of data to the
digital evidence management system.

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


evidence storage system in accordance with agency approved training.

H. Test Video – Non-evidentiary video of any length of time. With the power switch in
the “on” positon, double press the event button to record a video. Press and hold
the event button to stop the recording.

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


designed to hold video evidence, by either docking the camera or through a Wi-Fi
connection.

4. Procedures
A. General Body Worn Camera Equipment Procedures
1. Deployment Criteria
a. Employees shall only wear agency issued BWC's.
b. BWC's will be used for official purposes only.
c. BWC's will only be used by employees after they have received
agency approved training.
d. Employees wearing a uniform while working in an on or off-duty
capacity shall wear their BWC's.
e. Employees shall wear their BWC in such a way where the camera's
view is unobstructed. The BWC will be worn in accordance with the
manufacturer recommendation and agency approved training.
f. Non Uniformed Patrol deputies wearing a tactical vest/external body
armor shall also wear their issued BWC's.
g. When Non Uniformed Patrol deputies don a tactical vest/external
body armor, the issued BWC will be placed in buffering mode. These
deputies are not required to keep their BWC in buffering mode for
their entire shift if the tactical vest/external body armor is not being
worn.

2. Activation Criteria
a. Employees 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.
b. Employees shall activate the BWC when any citizen or arrestee is
being transported in an agency vehicle to any location. The BWC will
be activated when the transport begins and deactivated upon arrival
at the final destination. Employees shall notify communications with
the beginning and ending mileage during the transport. Exceptions
9.1.9, Page 3 of 7

to the activation of the camera and on/off mileage during transport


are family members, other agency personnel or civilians approved to
ride with employee per GO 6.2.20.
c. Employees shall activate their BWC when relocating or moving any
inmate or arrestee to a different location.
d. This policy is not intended to describe every possible situation in
which the BWC system may be used; Employees are required to
activate their body-worn cameras when arriving on scene or self-
initiating law enforcement-related encounters and activities , even
when working an off-duty assignment in uniform, regardless of being
primary or secondary unit.
e. Examples of law enforcement related encounters include but are not
limited to:
1. Traffic stops
2. Diversionary traffic stops
3. Tactical parking
4. Detentions
5. Consensual encounters of suspicious persons/vehicles
6. Arrests
7. Searches
8. Interrogations or interviews
9. Vehicle or Foot Pursuits
10. Emergency mode: lights and sirens
11. Response to resistance
12. Anytime there is a disturbance in the courtroom that may
impede the function of the court
13. Any situation or incident that the employee , through training
and experience, believes should be audibly and/or visually
preserved
f. Exceptions to the activation of the camera are:
1. Employees 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.
Employees should balance the value of obtaining a recording
with the possible reluctance of a victim or witness to provide
information while being recorded. Employees shall not use a
recorded statement on the BWC in lieu of a written statement
required by policy.
2. When employees 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. If a
suspect is present, e.g. domestic violence investigation, the
employee shall not turn off the BWC.
3. In interview rooms where a video system is in operation,
BWC's do not need to be activated.
g. Employees 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.
9.1.9, Page 4 of 7

h. If the BWC is not activated and an encounter with a person starts to


become adversarial, the employee shall attempt to activate the
camera.
i. When necessary to protect the identities of undercover personnel,
tactical planning, or strategy discussions, employees may deactivate
an active BWC to buffering mode. Employees shall verbally indicate
the necessity and circumstances to deactivate an otherwise active
non-buffering) BWC, then shall reactivate it as soon as practical if
the activation criteria is met.

3. Prohibitions
a. Employees 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, employees shall not record conversations
with undercover personnel, if avoidable.
c. Employees should avoid recording when tactics or strategy is being
discussed.
d. Employees shall not record in any place that a person would have a
reasonable expectation of privacy, e.g. bathrooms, locker rooms,
medical facilities when confidential patient information may be
recorded.
e. Employees 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 is not
authorized during an administrative investigation, unless consent is
obtained.
f. Employees shall not use non-agency equipment or devices to record
or upload video from BWC’s. Employees may use non-agency
equipment to view, tag or display BWC video to further operational
or investigative efforts.

B. Responsibilities
1. User
a. Prior to the beginning of each shift, the BWC user shall perform an
inspection to verify that the BWC is functional and fully charged.
Users are responsible for monitoring battery power status to verify
the BWC is sufficiently powered for the duration of their shift.
b. It is the responsibility of the employee to contact the Mobile Video
Systems Unit (MVSU) when transferring to or from a unit assigned a
BWC to determine eligibility.
c. Employees assigned a BWC are responsible for the proper use,
care, charging and storage of the device.
d. Personnel on No Duty, Extended Light Duty of three months or more,
or Extended Military leave, should return the BWC equipment to the
MVSU. It will be reissued when released back to full duty.
e. 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
9.1.9, Page 5 of 7

functionality of the camera.


f. When employees have knowledge that undercover personnel, CI, or
agency strategy and tactics has been recorded it is the responsibility
of the employee to document and inform the MVSC.

2. Supervisors
a. Supervisors shall complete all Audits within the allotted time frame.
b. Supervisors shall review the video of any response to resistance
incidents.

3. MVSC
a. The MVSC shall coordinate servicing, and repairing BWC systems.
b. The MVSC shall maintain a maintenance log of all inoperable BWC
systems.
c. Act as a liaison with BWC vendor representatives.
d. Manage the digital evidence management system.

C. Malfunctions and Maintenance


1. Under no circumstances should an employee, assigned a BWC, remain on
duty with an inoperable BWC. If the BWC equipment becomes damaged,
malfunctions, or inoperable while in the field, the employee shall
immediately notify their supervisor. The supervisor shall determine whether
or not to continue utilizing the employee in the field or remove them from
service until they can replace the BWC with a properly functioning BWC.

2. Any operational BWC with damaged, malfunctioning, or missing equipment


should be reported to an immediate supervisor and the MVSC by filling out
the malfunction form located on the BWC agency Portal.

3. A Watch Commander can access unassigned BWC's to replace a


malfunctioning or damaged camera after MVSC hours.

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


systems.

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


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

2. Regardless of whether or not the user has videos, at a minimum, employees


are required to connect the camera and controller (battery pack) to the
internet every other shift and prior to beginning their scheduled days off.
This can be accomplished using either a docking station or laptop
connection (Evidence Sync). This is required by the manufacturer to receive
updates and synchronize the time and date.

3. Employees are responsible for confirming all BWC videos are properly
9.1.9, Page 6 of 7

identified, titled, and categorized at the completion of each event.

4. Employees shall only use agency owned equipment and approved methods
to upload BWC videos.

E. Documentation
1. Employees shall document in charging affidavits and incident reports that a
video was recorded from a BWC.

2. Pursuant to Florida Statute 943.1718 (2)(d), all employees using a BWC are
permitted to review the recorded footage from the BWC before writing a
report and providing a statement regarding any event arising within the
scope of his or her duties. This does not apply to an employee’s inherent
duty to immediately disclose information necessary to secure an active
crime scene or to identify suspects or witnesses.

3. If an employee fails to activate the BWC, fails to record the entire contact,
or interrupts the recording, the employee shall document the reason in the
incident report.

4. Agency personnel shall not download, copy, share, distribute, publish or


delete a video recording except as authorized by agency policy for official
purposes.

5. Videos copied for training purposes require the approval of a Section/Sector


Commander.

6. Videos from BWC’s shall be stored on an agency approved digital evidence


management system.

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

F. Audit Requirements
Quarterly, 5% of employees assigned a BWC are selected to be audited. The
MVSC shall send a notice to the appropriate supervisor to review a minimum of
three videos for the selected employees. The supervisor shall take appropriate
action for any videos that contain misconduct or training issues. The supervisor
shall complete the review within 15 days of receiving the notification. Upon
completion of the review, the supervisor shall forward the completed BWC/MVR
Audit Response Form to the MVSC for retention.

G. Taskings
1. Taskings from the State Attorney’s Office for BWC videos will be the
responsibility of the MVSC.

2. Public Records Requests for BWC video will be handled by the Records
Section in accordance with agency policy.

H. After-Hours Calls
9.1.9, Page 7 of 7

1. When an employee is involved in a deputy involved shooting, in-custody


death, a pursuit that results in serious bodily injury or death, or a response
to resistance incident that results in serious bodily injury or death, the
investigating authority, or designee, will be responsible for taking custody
of the camera and confirming proper evidence upload.

2. Authorization to contact an on-call MVSC must be made by an investigator


of the Professional Standards Section, a Homicide Unit supervisor, a Watch
Commander or above. An on-call calendar exists for this purpose.

3. A MVSC shall be available in an on-call advisory capacity for deputy


involved shootings, major agency involved accidents, or other exigent
circumstances where a BWC video requires immediate attention.

4. Once all needed videos are uploaded, the lead investigatory unit (e.g.
Homicide Squad, Professional Standards) will notify the Communications
Center Supervisor, who will contact the on-call MVSC. The on-call MVSC
will confirm proper title and restrictions are applied on the needed videos.
The MVSC will be able to do this remotely and will not be required to
respond.

5. MVSC on-call personnel shall not be utilized for routine service issues.
Those should be handled during normal MVSU business hours or through
a Watch Commander utilizing the After Hours Malfunction work flow.

You might also like