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SEMINOLE COUNTY SHERIFF'S OFFICE NUMBER:

E - 49
POLICY AND PROCEDURE
ENFORCEMENT
RESCINDS:

SUBJECT: In-Car Camera & Body-Worn Camera Systems

EFFECTIVE: August 1, 2010

REVISED: September 10, 2019

Table of Contents:

I. Purpose
II. Scope
III. Definitions
IV. In-Car Camera Systems
V. Body-Worn Camera Systems
VI. General In-Car Camera & Body Worn Camera System Procedures
VII. Security and Access
VIII. Retention and Disposal of In-Car Camera Video/Audio

I. PURPOSE:

This directive provides guidelines for Deputies who have been assigned an in-car camera and/or body worn
camera system(s), so that Deputies may reliably record their contacts with the public in accordance with the law
while balancing privacy interests. Likewise, this directive outlines the policy and procedures regarding the
storage, security, and retention of in-car camera or body worn camera video/audio recordings.

II. SCOPE:

It is Sheriff’s Office policy to utilize in-car camera and/or body worn camera video/audio recording system(s)
to document contacts with citizens during public contacts, calls for service, traffic stops, critical incidents,
accident scenes, criminal investigations, and other law enforcement events for the purpose of gathering
recorded evidence to assist in the enforcement of the law. These systems provide an enhanced level of
organizational transparency and accountability, and they improve the delivery of law enforcement services to
the community. In-car camera and/or body worn camera video/audio recording system(s) are also used:

A. To help ensure Deputy safety,


B. As a training aid,
C. In response to complaints against personnel,
D. To assist the Traffic Crash Review Committee,
E. As situations dictate.

III. DEFINITIONS:

A. Body-Worn Camera (BWC):

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A recording system that captures audio and video from the perspective of the Deputy. It is worn by
Deputies and includes, at a minimum, a camera and recorder.

B. Buffering:
A thirty second period preceding the Deputy’s manual activation of a body worn camera video/audio
recording system. This is also known as a “pre-record” feature.

C. Recordings:
As referred to in this directive, Recordings means a digital file derived from an In-Car Camera or
Body-Worn Camera system that contains motion video, still images, or audio, and it includes the
metadata captured by the system (date, time, vehicle number, Deputy name, etc.) or manually entered
information by the Deputy (event number, case number, classify tag, suspect’s name, location,
description of the event, etc.).

D. Evidence Transfer Station:


A docking station that recharges the Body Worn Camera’s internal battery while uploading all
recordings and/or metadata to local storage from the Deputy’s body worn camera video/audio recording
system.

E. In-Car Camera (ICC):


A mobile video and audio recording system installed in a law enforcement vehicle.

F. Digital Evidence Coordinator:


An employee that is responsible for the oversight, auditing, quality assurance, and training of the in-car
camera and body-worn camera systems. They serve as a liaison to the Office of the State Attorney for
related evidence from these systems and manage the retention of recordings as defined in this directive.

IV. IN-CAR CAMERA SYSTEMS:

A. ICC systems are installed in authorized Sheriff’s Office vehicles. The standard installation includes a
camera mounted near the front windshield to view the front of the vehicle and a secondary camera
mounted in the prisoner transport area.

B. ICC systems will automatically activate with the vehicle’s emergency equipment (blue lights), but they
also have a manual switch for use during street encounters or during situations when emergency
equipment is not used. ICC systems are configured for a 30 second pre and post event record period
which captures video but not audio recordings. The “speed trigger” activates the system when the
vehicle’s speed reaches 80 mph.

NOTE: If a Deputy maintains a speed greater than 80 mph while responding to a call for service or
conducting other law enforcement activities, the ICC system should remain engaged until the
event concludes. Should a Deputy inadvertently reach a speed greater than 80 mph, they
should immediately reduce their speed and disengage the ICC system, if appropriate.

C. ICC systems are used to obtain information and evidence when investigating violations of law. ICC
systems shall be used in the investigation of DUI and other criminal investigations. The ICC system
shall be used during other law enforcement activities including but not limited to the recording of traffic
stops, street encounters, vehicle pursuits, and emergency responses.

D. If the Deputy’s vehicle is equipped with an ICC system, Deputies are required to have the front-end
client application open on their laptops at all times during their shifts. This is necessary to prevent the
“unclassified” default tag from being auto populated into the videos.

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E. If the Deputy’s vehicle is equipped with an ICC system, Deputies will activate it to record during all
traffic stops and street encounters from the time of the initial contact to the event’s conclusion.

F. Deputies shall record the prisoner transport area of the vehicle when a person is arrested, detained, or
otherwise present in this area of the vehicle.

1. The Deputy shall not turn off the video or audio until the subject has been transported to the
correctional or receiving facility, or otherwise removed from the vehicle.

2. Deputies may temporarily suspend audio recording when they are broadcasting or receiving
information via the radio or mobile phone that is confidential or in furtherance of an ongoing
investigation. Deputies must reactivate the audio recording as soon as confidential
transmissions or verbal communications is complete.

G. Manual deactivation of the ICC system is permissible when recording times would be extended by the
use of emergency lights such as rendering assistance with traffic control, or during non-enforcement
contacts (standbys, road hazards, etc.).

H. Assisting Deputies whose vehicles are equipped with ICC systems shall use them to record their
involvement in incidents, regardless if other ICC systems are already in use. Assisting Deputies may
stop recording when it is determined that they are no longer assisting with the incident. It is the
responsibility of the assisting Deputy to advise the primary or arresting Deputy that they have pertinent
recordings of the incident and ensure that proper notations are placed in the appropriate incident report
(or ROI). Assisting Deputies shall ensure that recordings are properly classified and linked to the
primary investigative/arrest case number or event number by documenting it in the classification notes
box.

V. BODY-WORN CAMERA SYSTEMS:

A. BWC systems are issued to selected enforcement personnel on a permanent basis and will be used by
other law enforcement personnel as needed for operational purposes. If issued a BWC, the Deputy
shall don a fully-charged BWC prior to the beginning of their shift, or as soon as reasonably possible,
which must be checked for proper operation and functionality. Deputies shall ensure the BWC remains
in stand-by mode and connected to the ICC throughout their shift to ensure both video systems link
together. Deputies must monitor the battery life on their assigned BWC, and as necessary, Deputies
must charge it for operational readiness. If applicable, the microphone must be connected and
operational. Only BWC systems authorized and issued by the Sheriff may be used.

NOTE: Stand-by mode is defined as the BWC being in the on position and connected to the ICC
system.

B. Body-Worn Camera Usage:

1. BWC systems shall be used to actively record video and/or audio when the Deputy is lawfully
present in an area protected by the Fourth Amendment of the United States Constitution when
there is reasonable suspicion that a crime is being committed, or is about to be committed, or
that evidence of a crime is present.

2. BWC systems shall be used to actively record video and/or audio when the Deputy is located
in a public place:

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a. Handling a call for service that involves a criminal offense or is reasonably believed
to be criminal in nature.

b. Responding to emergency situations.

c. Conducting a physical arrest or taking a person into protective custody.

d. Conducting traffic stops.

e. Responding to a subject’s resistance as outlined in General Order #49, including


adversarial encounters with subjects.

f. Conducting a vehicle apprehension technique.

g. Encountering suspicious persons, known offenders, persons on probation, or related


classifications.

h. Collecting, processing, preserving, and/or packaging contraband, or when counting


and verifying seized currency.

NOTE: For items a-h, as noted above, Deputies are NOT required to affirmatively
notify the public that they are actively recording audio or video under these
circumstances, unless they feel it is reasonably necessary to do so.

3. BWC systems, including the ICC wireless microphone, shall not be used to actively record
video and/or audio when:

a. A Deputy is lawfully present in an area where a heightened reasonable expectation of


privacy exists, such as a bathroom, locker room, dressing room, etc. Exceptions may
apply when the Deputy is conducting official law enforcement business.

b. A strip search is being conducted at a correctional facility

c. A Deputy is inside a correctional facility. However, recording with a BWC is


authorized and mandatory when a Deputy is:

1. Engaged or responding to an incident that involves a response to resistance.

2. Entering an inmate’s cell.

3. Responding to an emergency situation within the correctional facility.

4. Conducting an investigative interview in an approved area, such as a


designated interview room.

d. Interviews are being conducted with victims of sexual crimes or similar matters of a
sensitive nature

e. Personal or casual communications with other law enforcement personnel or citizens,


without authorization from the Sheriff or designee, when the interaction is not official
law enforcement business.

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f. Encounters with undercover law enforcement officers or sources/confidential
informants.

g. Inside a Sheriff’s Office building unless the Deputy is engaged in a call for service,
conducting a criminal investigation, or addressing a related matter with citizen.

h. Communication with law enforcement personnel regarding tactics and strategy or


during events such as operational briefings or meetings.

i. Events or situations not related to official business or described as personal matters.

j. When off-duty for personal use.

4. BWC systems may be used at the discretion of a Deputy as follows:

a. When a Deputy encounters a citizen that desires to offer information regarding a


crime or community problem but does not wish to be recorded, the Deputy may opt
to turn off the BWC system in the interest of furthering the Sheriff’s Office mission
and community policing philosophy.

b. When a Deputy handles a non-criminal event such as a civil standby, traffic control,
or similar matters.

5. The safety of the Deputy is paramount to the delivery of law enforcement services, and the
only exception to not activating a BWC system as required by this policy is when it is unsafe,
impossible, or otherwise impractical to do so. When it is safe to do so, Deputies should
immediately activate the BWC to record in compliance with this policy.

6. When asked by a member of the public if the Deputy is or is not recording, Deputies should
respond as to whether they are or are not recording. Concurrently, Deputies should educate
the public on the purpose of the BWC system.

7. In accordance to F.S. 943.1718(2) Deputies that are issued body worn cameras are permitted
to review the recorded footage from their body worn camera upon his or her initiative or
request, before writing a report or providing a statement regarding any event arising within the
scope of his or her official duties.

C. Body-Worn Camera Operation:

1. Body-Worn Cameras will be properly worn by Deputies as to present a professional


appearance throughout their shift, unless there is a need for periodic charging. Deputies will
place the BWC on their person to maximize the full point of view of the Deputy. It is highly
recommended that Deputies utilize the best mounting option(s) so that the camera captures the
viewpoint of the Deputy. Deputies should also be mindful of exposed wires or accessories
that could present a risk to the Deputy during their tour of duty (snagging wires, etc.).

2. The BWC system has a manual push-button activation for use during law enforcement events.
The recording system is configured for a 30-second pre-event record period which captures
video but not audio recordings. This is known as buffering. The audio turns on when the
Deputy activates the recording feature.

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3. If issued a BWC system, and it is permissible to use it, Deputies will activate the BWC from
the time of initial contact to the conclusion of law enforcement action. Once the BWC is
activated to record, the Deputy will continue recording until the event has concluded in its
entirety. Manual deactivation of the recording system is only permissible when recording
times would be extended by post-action, non-law enforcement contacts (standbys, traffic
control, road hazards, etc.).

NOTE: Deputies may mute the audio function of the BWC system when they are not
interacting with a suspect, witness, victim, or other person involved in an incident.
When it is necessary to mute the audio, Deputies should verbally state the reason
before muting or immediately upon unmuting.

4. Assisting Deputies that are issued BWC systems shall use them to record their involvement in
incidents regardless of other recording systems already in use. Assisting Deputies may stop
recording when it is determined they are no longer assisting with the incident. It is the
responsibility of the assisting Deputies to advise the primary or arresting Deputy that they
have pertinent recordings of the incident, and they must ensure that proper notations are
placed in the appropriate incident report or ROI.

5. The GPS function for each BWC device is turned off by default and is an option that can only
be enabled by the system administrator by approval of the Sheriff or his designee. If utilized,
the GPS function only records the location of the device during active recording and does not
transmit the Deputy’s location for live tracking.

6. As noted in Subsection VI, F, of this directive, Deputies must enter descriptive information
about each recording through the Panasonic Arbitrator application.

7. The BWC video quality setting will be set by the system administrator.

VI. GENERAL IN-CAR CAMERA & BODY WORN CAMERA SYSTEM PROCEDURES:

A. ICC and BWC systems are used for official law enforcement purposes only.

B. Deputies are not permitted to use ICC and/or BWC systems until they have received training in its use.
Authorized training is provided by the Professional Development Section or designee.

C. Deputies shall inspect their assigned ICC and/or BWC system(s) before the beginning of each shift, and
any malfunction, damage, or change in operating condition will be brought to the attention of their
immediate supervisor. The supervisor shall determine if the system should be placed out of service and
submitted for repair. Likewise, if there are any technical problems encountered with uploading the
data, accessing the database, or other technical problems, employees must notify the Technology
Solutions Division via 6900, and the technician will attempt to resolve the issue or elevate the problem
for resolution. The following procedures must be followed for any malfunctions, damage, or change in
normal functionality of the ICC or BWC systems.

1. A work order for repair shall be generated by emailing 6900 with a courtesy copy to the
Deputy’s immediate supervisor. .

2. If a spare BWC system is placed in service to replace a malfunctioning unit that is not
assigned to the Deputy, the Deputy’s supervisor shall immediately contact the Technology
Solutions Division who will ensure the system is updated to reflect the Deputy assigned to a
replacement device.

3. If the video/audio data from the BWC is not accessible, the Deputy will retain physical

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custody of the malfunctioning device until it can be delivered to the assigned technician in
Technology Solutions Division for proper handling and troubleshooting. Deputies are
permitted to arrange for another employee to deliver the device to a technician. At no time
will a BWC containing audio/video evidence be sent via interoffice mail, left in a mailroom,
left in an unattended office, or otherwise unsecured. BWC devices and ICC storage media
contain potential or actual video and audio evidence, and the proper procedures for handling
and securing digital evidence must be followed.

4. If it is possible to do so, BWC recordings must be uploaded from the malfunctioning BWC
device to the authorized local server via the Sheriff’s Office network prior to the end of the
Deputy’s shift.

5. Deputies are prohibited from performing any repairs on the ICC and/or BWC systems other
than general troubleshooting that is recommended by the manufacturer for the end-user.

6. If a BWC is lost, damaged, or stolen, the deputy shall complete the Technology Solutions
Report Form for Mobile Electronic Devices before the end of shift. In the report the deputy
shall indicate the circumstances surrounding the device being lost, damaged, or stolen and if
the BWC contains any video evidence. Also refer to G.O. #9, XI. (Employee Responsibility
for issued Property).

NOTE: The Report Form for Lost, Damaged, or Stolen Mobile Electronic Devices can be
found on the Department of Law Enforcement and each Regional home page.

D. Deputies shall ensure that ambient or vehicle noise does not interfere with audio recordings obtained
during the use of the recording system. This includes vehicle AM/FM radios, CD players, air
conditioning fan noise, or other loud vehicle noise. Exterior ambient conditions should be assessed so
as not to interfere with the interior microphones. Deputies shall be mindful of interior and exterior
conditions that limit the camera’s view. Examples include debris on the windshield, condensation/fog,
or other environmental conditions. All efforts to ensure a clear view should be considered by the
Deputy.

E. When collecting, processing, preserving, and/or packaging contraband, or when counting and verifying
seized currency, Deputies shall utilize their BWC and/or ICC system to document their actions.

F. ICC and BWC recordings are uploaded to an authorized server on the Sheriff’s Office network. BWC
or ICC recordings should be uploaded before the end of the Deputy’s shift, but they must be uploaded
by the conclusion of one shift rotation (shift rotation is defined as normal contiguous work days; Ex:
Monday/Tuesday or Friday/Saturday/Sunday) unless authorized by a supervisor. If an incident
involves a response to resistance, vehicle apprehension, complaint against a Sheriff’s Office employee,
high liability incident (ex: search warrant service, forced entry into a home or structure, etc.), or other
significant event of public interest, Deputies shall upload the BWC or ICC video by the end of the shift.
Supervisors shall periodically review Deputies upload audit reports to ensure compliance.

1. The arresting or primary Deputy will make note of ICC and/or BWC recordings generated
from their device(s), or any other involved Deputies, in the Café report. Additionally, must
complete all of the following fields from the Panasonic Arbitrator application, and they are all
mandatory.

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a. Classify Tag: This field represents a general category of the event (ex: traffic
stop, felony incident, misdemeanor incident, vehicle apprehension,
non-event, DNA collected, etc.).

b. Note: The Deputy may enter descriptive information about the event in
this area. It is recommended that the Deputy enter the case
number, suspect’s name, event address, or related information in
this field.

c. Case File #: This field must contain the event number. If an event number does
not apply (ex: assisting an agency with an arrest), a case number
must be entered. If the recording is a non-event (such as accidently
turning on emergency equipment that results in a recording), type
in “NoEvent.”

2. If the Office of the State Attorney requests copies of any recordings, the Digital Evidence
Section will provide the requisite copies. If Deputies are notified of such requests, they must
notify the Digital Evidence Coordinator for proper processing.

3. Complete data contents of recordings will be accessible to any agency supervisor for review.

G. Deputies shall note if ICC and/or BWC recordings were obtained in the Cafe report. Deputies may
review ICC and/or BWC recordings while preparing written reports to ensure accuracy, and if
applicable, Deputies should document their observations in their Café report narrative.

H. When ICC and/or BWC is evidence in a criminal case, Deputies will complete the requisite
documentation to petition the court for cost of investigation (equipment use, cost of storage, etc.) as
outlined in General Order 74 and Florida Statute 938.27.

I. If the equipment malfunctioned in any way or if their recording unit had been placed out of service,
Deputies shall note that in the Café report.

J. The ICC and BWC systems, along with all recordings, are the exclusive property of the Seminole
County Sheriff’s Office, and any recordings made with the BWC system shall not be used for personal
reasons. The ICC or BWC system prevents anyone from altering the original recording. Employees
shall not copy, alter, edit, erase, duplicate (including re-recording to another device), share, or
otherwise distribute ICC or BWC recordings for any purpose other than official law enforcement
business and as outlined in this directive, unless authorized by the Sheriff or designee. The Public
Affairs Division may use ICC or BWC recordings for official purposes within the scope of public
records laws and the Sheriff’s Office Written Directives.

K. It is the responsibility of the recording Deputy or any employee with knowledge to immediately notify
their chain of command (for notification to the State Attorney) if lost or corrupted video evidence is
discovered.

L. Only ICC recording systems and accessories (cameras, microphones, cables, etc.) approved by a
Director/Captain will be installed in an agency vehicle by IT, Fleet Management, or by an authorized
vendor (temporarily installed surveillance equipment is exempt from this directive).

M. Deputies should notify the Professional Development Section of any recorded events that may assist in
improving officer safety training.

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N. Field Training Deputies or supervisors may review recordings captured via the ICC or BWC systems to
provide immediate feedback and training to recruits and to assist with the completion of the Daily
Observation Report. Supervisors may review recordings of probationary Deputies as required.

O. The Records Unit Supervisor and Digital Evidence Coordinator are responsible for conducting periodic
audits of the ICC and BWC data systems to ensure compliance with this policy and overall quality
assurance. The Digital Evidence Coordinator will report any notable deficiencies to the Records
Supervisor who will convey the information to the Deputy’s immediate supervisor for remediation.

P. Supervisors are required to conduct periodic and random reviews of the ICC and/or BWC activity and
recordings of their assigned Deputies to ensure compliance with the written directives. At least every
two weeks, supervisors shall review multiple ICC and/or BWC recordings of each assigned Deputy. In
addition, supervisors must ensure the ICC or BWC is utilized to record an incident as outlined in this
policy, recordings are uploaded to Sheriff’s Office servers as required, the appropriate (highest
applicable level) classify tag is applied to each recording, and event and/or case numbers are properly
entered for each recording.

Q. If another law enforcement agency investigates a significant incident involving a Deputy sheriff (ex:
Deputy involved shooting, traffic fatality involving a Deputy sheriff, etc.), the Digital Evidence
Coordinator or Technology Solutions Division liaison will work directly with and in the presence of
investigating agency to preserve and access the BWC or ICC recordings, including storage media. The
appropriate Captain, or designee, may assign a deputy or detective to assist with evidence preservation,
packaging, and overall compliance with General Order #68, Evidence and Property.

R. When the BWC and ICC systems are paired for the Deputy and his/her assigned vehicle, the BWC will
automatically activate the recording function when the ICC begins to record. SNP or designated
Sheriff’s Office vehicles are equipped with a gravitational force (g-force) sensor, and when a crash or
rollover is detected, the ICC and BWC systems will actively record.

VII. SECURITY AND ACCESS:

A. Deputies will not permit unauthorized persons or untrained employees to handle, manipulate, or use
their issued ICC or BWC system(s) or any associated equipment.

B. Even if a recording is not immediately determined to have evidentiary value, it will be stored under
secure conditions. For ICC systems, the processer / hard drive must be secured in the trunk or cargo
area, and the vehicle must be kept locked when not in use. Hard drives shall be locked and only
accessible by authorized members of the Technology Solutions Division, if routine maintenance or
repair is required.

C. BWC systems may not be stored in a vehicle when not in use. They must be secured to limit the
potential for theft or unauthorized access. Each division office will house the Evidence Transfer
Station(s), if applicable, in an area that is not accessible to the public.

VIII. RETENTION AND DISPOSAL OF IN-CAR CAMERA OR BODY-WORN CAMERA VIDEO/AUDIO


RECORDINGS:

A. Recordings are managed for retention by software applications. Recordings are retained in accordance
with this directive and statutory requirements addressing the storage of evidence. The software is
programmed to perform automated purges to delete recordings set to expire as provided in this directive.

B. Deputies are responsible for properly applying a classification tag to all recordings with the appropriate
category to ensure proper retention periods apply to each recording in accordance with agency policy and
state law. Categories such as traffic stop, felony incident, misdemeanor incident, vehicle

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apprehension, non-event, DNA Collected, and related classifications will be used to tag recorded events.
Deputies will use the most appropriate and highest level classification tag as determined by involvement,
response, and/or arrest and place appropriate event and/or case numbers in the classification notes section.
Properly tagging events ensures that proper retention rates are set to each recorded video.

1. The default and minimum retention period for recordings with a classification tag of non-event
or training is 90 days.

a. A non-event classification tag is defined as a recording that was a result of accidental


activation of an ICC or BWC device. A non-event classification tag may also be a
recording wherein the Deputy had no contact with a citizen and no law enforcement
action was warranted.

b. A training classification tag is defined as a recording that took place during a law
enforcement training event where no citizen contact occurred and no injuries
occurred. This tag may only be used during official law enforcement training.

2. The default and minimum retention period for ICC and BWC recordings, except as noted
above, is 365 days.

3. Recordings must be retained according to the mandates or retention periods established by


local, state, or federal law, the statute of limitations, and if applicable, Sheriff’s Office written
directives.

4. If a recording does not meet the criteria for retention, but a Deputy or supervisor believes a
recording may be worthy of retaining based on the circumstances of the event, they are
authorized to classify, or reclassify, the recording for further retention. Deputies should
consult with their supervisor, the Records Supervisor, or the Digital Evidence Coordinator
when questions arise.

5.
5. Retention periods and classification tags are attached as Exhibit A to this policy.

C. It is the responsibility of the Deputy and/or Digital Evidence Coordinator (or other authorized
designee) to extend the retention rate if it is determined the recording should be archived for future
court proceedings, administrative access, or otherwise may serve to support criminal and civil statute of
limitations (capital or life felonies, evidence preservation requests, DNA evidence, etc.), and if
applicable, that copies are stored on DVD, or other media approved by IT, in support of such
extension.

D. Only the Sheriff, Records Supervisor, or the Public Information Officer may satisfy requests for public
copies. Recordings obtained on agency systems shall not be released to the public without prior approval
from an authorized person designated above (or their designee). Request for copies of recordings that
extend outside the agency or the Office of the State Attorney shall be subject to the provisions of Chapter
119, Florida Statutes. The Digital Evidence Coordinator shall be responsible for redacting appropriate
portions of recordings in compliance with Florida Statutes.

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Appendix A – ICC/BWC Retention Schedule & Classification Tags

90 Day 1 Year 4 Year 5 Year 7 Year Indefinite


Retention Retention Retention Retention Retention Retention

Emergency K-9 Misdemeanor Felony Life / Capital


Non - Event
Response Deployment Incident Incident Felony
Other Event Felony
SCSO Traffic
Training - Explain in Resulting in
Crash
notes Death
Vehicle
Street DNA
Apprehension
Encounter Collected
Tech.
Legal
Traffic Stop RTR
Request
CPS Baker Act /
Response / Ex-Parte /
Assist Marchman
Traffic Crash Search Warrant

JEPCF
Incident

Reserved

Foreclosures /
Levies

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