Osceola County Sheriff’s Office

Policy and Procedure

Number: 479.0
Subject: Mobile Video Recording and Body Worn Camera Equipment
Effective Date: 12/03/19
P.R.C. Review: 02/19/18
Rescinds: 03/06/18
Amends:

This order consists of the following:

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

1. 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 related recordings.

2. Policy
It is the policy of the Osceola County Sheriff’s Office (OCSO), that recording equipment may
be used in day to day operations. Their purpose is to accurately document and record any of
the incidents or events members may encounter during their tour of duty. All recordings shall
be handled in accordance with state and federal laws and are subject to public information
requests. The MVR and BWC Systems equipment and all data, images, audio and video
captured, recorded or otherwise produced by this equipment is the sole property of the OCSO.

3. Definitions
A. Body Worn Camera (BWC) – An agency issued portable electronic recording device
that is worn on a member’s uniform or clothing, that records audio and/or video data,
while the member is performing his or her official duties.

B. Call For Service – Any dispatched or self-initiated activity by any member to resolve,
correct or assist a particular situation or incident.

C. Evidentiary Value – Property, items, artifacts, or any other resource(s) which plays a
role during an investigation, hearing or trial.

D. Mobile Video Recorder (MVR) – Audio/video recording equipment designed for fixed
installation in agency issued vehicles.

E. Personal Mobile Video Recorder (PMVR) – Audio/video recording equipment

personally owned by members of the agency designed to record video and/or audio.
Except as outlined in section 4(D), PMVR’s, and their use are strictly prohibited.

F. Personal Communication Device – All cell phones, pagers, personal e-mail devices,
personal digital assistants, smart phones, “tablet” style computers and other similar
devices.
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G. System Administrator – The agency member responsible for overseeing all operational,
equipment, and data storage matters connected to the agency’s MVR and BWC
program.

4. Procedures
A. General
This agency has adopted the use of MVR and BWC recording systems in order to
accomplish several objectives. These include, but are not limited to the following:
1. Accurate documentation of events, actions, conditions and statements made
during arrests and critical incidents, so as to support member’s reports, the
credibility of evidence, and courtroom testimony.

2. Improve the agency’s ability to review:

a. Probable cause for arrest.
b. Arrest procedures.
c. Member and citizen interaction.
d. Evidence collection.
e. General quality control.
f. Member evaluation and training.

3. The documentation of crimes and incident scenes or other events that include
but are not limited to the confiscation and documentation of evidence or
contraband.

B. MVR and/or BWC Administrative Control and Training

1. Control
a. Only MVR and BWC devices issued by the OCSO are approved for
use.
b. All equipment shall only be installed, modified or removed by the
System Administrator or his/her designee.
c. Operation and use of the MVR and/or BWC is mandatory for all
members working in a uniformed assignment who have been trained in
its use, and been issued the equipment.
d. Issuance of all MVR and/or BWC shall be consistent with Policy 381.0,
Property Inventory and Control, and recorded on a Property/Clothing
Transfer form (#SO-05-130).
e. The issued member shall, consistent with his/her training, be
responsible for preventive maintenance for their assigned MVR and/or
BWC device(s).
f. Members utilizing MVR and/or BWCs shall ensure the equipment is
charged daily.
g. Members shall either dock or download all recordings at the end of
his/her shift.
h. All public records requests for recordings made by a BWC or MVR
shall be forwarded to the Public Records Unit who shall respond to the
public records request in accordance with FSS 119.
i. The OCSO identified System Administrator shall perform a documented
periodic review of actual agency body camera practices to ensure
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conformity with the agency’s policies and procedures. This review shall
be documented via interoffice memorandum and forwarded to the Chief
Deputy or designee and a copy forwarded to the Research and
Development Section.

2. Training {CFA 32.02A}

a. Prior to being issued an MVR and/or BWC, the responsible member shall,
at a minimum, receive training on the following:
(1). Related policy and procedures.
(2). Review and download of recordings.
(3). The care and operation of the equipment, consistent with the
manufacturer’s guidelines.
b. The System Administrator shall be responsible for administering the MVR
and BWC training programs, consistent with Policy 250.0, Training.
c. The Training Unit shall be responsible for maintaining, monitoring, and
updating training records of all members trained in the use of MVR and/or
BWC, consistent with Policy 250.0, Training. A copy of these records shall be
forwarded to the Quality Assurance and Accreditation Unit.

C. Vehicle Mounted MVR and/or BWC Operating Procedures

1. All members whose vehicles are equipped with a MVR and/or BWC and who
are also trained in the operation of such device(s), shall ensure the video and
audio recording functions remain on at all times during the following
circumstances involving citizen interactions: {CFA 32.02B}
a. Emergency response calls.
b. All arrest and/or citations and their associated investigations.
c. Stop and arrest of a suspect.
d. All pedestrian, bicycle, and vehicle traffic stops.
e. Pursuits.
f. Investigative stops/field interviews.
g. Transportation of prisoners, victims, stranded motorists, or witnesses in
an agency vehicle, until separating.
h. Vehicle crashes the member is involved in or in which the MVR and/or
BWC may have recorded.
i. Upon direction of a supervisor, at the request of another member, or
anytime a member deems it appropriate to activate an MVR and/or
BWC unit.
j. Any incident where it may become reasonably necessary for the
member to take enforcement action. These include but are not limited
to:
(1). Calls for service.
(2). Requests for service.
(3). Self-initiated activity.

2. Members may record other events at their discretion when they believe it
would further the law enforcement mission. {CFA 32.02B}

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3. Only if a member is trained can they use an MVR in a vehicle other than their
assigned vehicle (e.g. spare patrol vehicles, etc.). The member must notify their
supervisor and shall be held to the same requirements outlined in this general
order. {CFA 32.02D}

4. Members shall utilize their issued BWC as outlined in section C.1 above,
regardless of having a vehicle equipped with a MVR. In the absence of a
MVR to upload their video to, a member shall respond to the nearest
identified access point and upload their video as outlined in this policy.

5. When a member observes an indicator of improper driving or suspicious

behavior and the member has made the decision to initiate a motor vehicle
stop, investigative stop or citizen contact, the member shall turn on the MVR
and/or BWC and announce their initial observations. {CFA 32.02B}

6. The member should activate the MVR and/or BWC for any traffic violations
before calling in the traffic stop. {CFA 32.02B}

7. Members who arrive on the scene of an incident listed above shall activate
the MVR and/or BWC either immediately upon their arrival, or as soon as
safely possible. MVRs and/or BWCs shall only be deactivated consistent
with this policy or at the conclusion of the event. {CFA 32.02D}
a. If a MVR and/or BWC is deactivated during any citizen interaction, the
member shall document on camera the date, time and reason for the
deactivation.
b. If the member does not state the required information on camera they
shall document the date, approximate time, and reason for
deactivation in the incident report, or call notes, if a report is not
generated.

8. An exception to the audio requirement is permitted when the member is not

in the presence of a citizen.

9. Members may shut off the BWC once the member has entered an interview room
and a different recording device is being used to record the interaction.

10. When a member is not in the presence of a citizen, the recording may be muted
while transmitting and receiving information that is confidential, or not related to
the current investigation.

11. A member who is lawfully present in an area protected by the fourth

amendment shall activate the BWC when there is reasonable suspicion that
a crime is being committed, has been committed, or is about to be
committed, or that evidence of a crime is present. In the absence of such
criteria, the member must turn off the BWC if asked to do so by a person with
apparent authority over the constitutionally protected area. As a reminder,
entry into a fourth amendment protected area requires probable cause or a
warrant exception. Members shall not record in any place that a person will
have a reasonable expectation of privacy, e.g. bathrooms, locker rooms.

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12. Members shall document the known use of the MVR and/or BWC in all arrest
or related reports. {CFA 32.02D}

13. Upon the conclusion of any video, it shall be labeled consistent with
member’s training. Members in need of assistance with the categorizing videos
shall contact their supervisor immediately.

14. Members shall download to the network server all content recorded by their MVR
and/or BWC at the end of his/her shift. {CFA 32.02E}

15. Members: {CFA 32.02B}

a. If asked, shall acknowledge the MVR and/or BWC is recording.
b. Who fail to activate the MVR and/or BWC when required shall:
(1). Notify their immediate supervisor as soon as possible.
(2). The immediate supervisor shall notify the System Administrator
of the matter by email as soon as possible.

16. The OCSO recognizes there are certain circumstances where members may
happen upon a situation requiring immediate action to prevent injury,
destruction or escape. In these situations, members should only activate the
MVR and/or BWC if doing so would not place themselves, or anyone else in
danger. Members shall activate the MVR and/or BWC as soon as safely
possible in these incidents. {CFA 32.02B}

17. Recordings may be viewed by a member consistent with FSS 943.1718, prior to
preparing any incident or arrest report(s) to ensure the accuracy of his/her
documentation. {CFA 32.02D}

18. Members assigned to work off-duty details who operate a vehicle equipped with
a MVR or are assigned a BWC, shall be responsible for conducting a download
of any recorded audio and/or video during that detail.
a. Recordings that are evidence in a criminal investigation shall be
downloaded at the conclusion of the off-duty detail.
b. Recordings of non-criminal matters shall be downloaded within 72 hours.

19. MVR and/or BWC equipment may be manually deactivated during non-
enforcement activities such as directing traffic, disabled vehicle assists, extended
traffic crashes, completing booking affidavits or traffic homicide investigations but
shall be reactivated if enforcement action is taken.

20. Prior to deactivating an MVR and/or BWC the member shall provide an
explanation and information related to the interruption of the recording (e.g.
stating the case number, location, parties involved, etc.). {CFA 32.02D}

21. Members shall not utilize a video recorded statement in lieu of a written
statement.

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22. Members utilizing the MVR and/or BWC during interviews, interrogations,
statements, confessions and/or utterances shall ensure the following: {CFA
32.02D}
a. The identity of the interviewee is verified on the video as follows:
(1). If possible, have the interviewee provide a government issued
identification.
(2). Have interviewee, state their lawful name and date of birth prior
to the interview.
(3). In the case of a juvenile interviewee, parents or guardians can
provide identifying information.
b. If statement is taken, the interviewee shall be sworn in as follows:
(1). In order to obtain a sworn victim/witness statement, members
shall read a pre-printed card that states:
(2). “Raise your right hand and state your name. Do you swear or
affirm to tell the truth, the whole truth and nothing but the truth.”
c. Document the existence of a recorded statement on all applicable
reports.
d. Members shall record and document on camera and in writing when
Miranda Rights are issued to the interviewee/suspect and his/her
response.
e. Separate video files or video markers are generated for victim(s),
witness(es), and defendant/suspect(s) statement(s) consistent with the
member’s training.
f. Background noise, traffic, crowds or other ambient sounds, are
reduced or eliminated to the best of the recording member’s ability in
order to limit other noises from being recorded while conducting an
interview.
g. In cases where a member has captured restricted/prohibited footage,
the member shall notify his/her immediate supervisor and provide all
the details of the incident. The supervisor shall notify the System
Administrator, by memo, requesting for the deletion of the
restricted/prohibited footage.
h. If members knowingly record undercover members, confidential
informants, or other sources of confidential information. They shall
document the recording in the system notes. Time range and/or a
description of the recorded information shall be included in the notes.

D. Viewing, Data Transfer and Categorizing MVR and/or BWC Recordings

1. Members shall categorize MVR and/or BWC recordings with the proper identifier.

2. Members shall video mark each recording with the generated case number if
applicable. Traffic enforcement resulting in the issuance of a citation or written
warning, shall be identified by the applicable citation numbers.

3. Members shall ensure that all MVR and/or BWC recordings are labeled the same
as the primary member for each incident with the same case number or internal
OCSO numbering system and category.

4. Access to stored recordings and related data are as follows:

a. Members – Can view and make copies of only their own recordings.
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b. Supervisors – Can view and make copies of their own recordings as well
as the members under their direct supervision.
c. Evidence – Can view and make copies of any recordings as needed for
court purposes.
d. Public Records Unit - Can view and make copies of any recordings as
needed for the fulfillment of public record requests.
e. Sheriff, Sheriff Designee, and System Administrator – Has full access to
view, copy, and delete any recorded files. Also has the capability to
change others’ file access.

5. Members shall only download their videos under their identification number.

6. Members shall download only recordings consistent with this policy. {CFA 32.02C}

7. Internal Affairs Investigators or supervisors conducting internal investigations,

use of force, or complaint investigations, shall determine if recordings are
available in each instance and notify the System Administrator for assistance.

8. Members are encouraged to inform their supervisors and/or the Training Unit of
any recorded incidents that may be of value for training purposes. Members
shall submit a memo via chain of command for approval by their Major.
E. Restrictions {CFA 32.02C}
Members shall not:
1. Except as permitted by this policy, disengage, interrupt, or mute a recording
at any time during interactions with the public. This includes a prohibition of
placing a hand, or similar item, over the recording microphone or camera
during an encounter except as described in Section F Discretion.

2. Erase, attempt to erase, alter, deface or destroy any digital recording. Members
shall be held to a high degree of accountability for the security, processing, care,
and maintenance of their related agency recordings. {CFA 32.02E}

3. Tamper with the MVR and/or BWC, its wiring, software, or audio equipment.

4. Intentionally record conversations of fellow employees without their

knowledge during routine, non-enforcement related activities.

5. Unlawfully utilize the equipment in a covert manner in violation of Florida

wiretapping laws, as outlined in FSS 934.03.

6. Touch, handle, or otherwise molest another member’s MVR and/or BWC.

The only exceptions to this include the following:
a. If necessary to render first aid.
b Information Management Services Section.
c. Training Unit.
d. Issued member’s chain of command.
e. System Administrator or designee.

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7. Release, post or share any MVR and/or BWC recording on any internet site
(e.g. social media) or outside the OCSO unless authorized by the Sheriff or
designee.

8. Make copies, distribute, or possess any MVR and/or BWC recording for
unofficial or personal use, without prior written approval from the Sheriff or
designee.

9. Allow citizens to review the recordings unless fulfilling an approved public

records request or pursuant to an investigation with supervisor approval.

10. Utilize PMVR’s, or privately owned Personal Communication Devices to

record incidents or events that otherwise could have, and/or should have
been recorded on an MVR or BWC, unless there is an articulable exigency.
a. Members may use a department issued cellular telephone in exigent
circumstances; however, not in lieu of a MVR and/or BWC.
b. Any time an agency owned personal communication device is used to
record incidents or events, the circumstances surrounding the inability
to capture the event with a MVR and/or BWC shall be articulated in the
related reports, and the images and/or videos shall be downloaded
consistent with Policy 230.0, Digital Equipment.

F. Equipment Check
Members responsible for any MVR and/or BWC unit and its components, shall
physically inspect the equipment for damage and perform a function test consistent
with the manufacturer’s recommendations and the member’s training.
1. If the MVR and/or BWC is found to be inoperable, the member’s supervisor
shall be notified.
a. The supervisor shall determine if the equipment is inoperable.
b. If it is verified to be inoperable, the supervisor shall notify the System
Administrator.

2. All MVR and/or BWC equipment shall be inspected by a supervisor during line
inspections, and documented on the agency Inspection Form (SO-05-96).

3. Loss or Damaged MVR and/or BWC.

Loss or damage of an MVR and/or BWC shall be reported to the involved
employee’s on-duty or responsible supervisor and documented on an
Accident/Loss Report consistent with policy 247.0, Field Reports. A copy of the
Accident/Loss Report shall be sent, via chain of command, to the System
Administrator.

G. Supervisor Responsibilities
1. Supervisors may review MVR and/or BWC video files of any recorded event as it
relates to a crime, any complaint filed against a member or the department, or
concerns related to member performance and/or safety issues. Supervisors may
also do routine reviews of the BWC or MVR recordings and other available
system data of members under their supervision only. Any minor infractions
discovered during the routine review shall be viewed as a training opportunity
and not for disciplinary action. Should the behavior continue after being
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addressed through training, the appropriate disciplinary or corrective action shall

be pursued. Any major infractions may be reported to the Internal Affairs Unit.

2. Quarterly, the System Administrator shall randomly select 5% of employees

assigned a BWC to be audited. The System Administrator shall send a notice to
the appropriate supervisors to review a minimum of three recordings for the
selected members. The supervisors shall complete the review within 15 days of
receiving the notification.

3. Supervisors shall review the BWC recordings when the following circumstances
occur:
a. Injury to a member.
b. Injury to a prisoner(s).
c. Response to resistance.
d. Vehicle pursuits.
e. Vehicle crashes involving a member’s vehicle.
f. Citizen complaints.
g. Documented internal complaints.
h. When directed by the Sheriff, Chief Deputy, Major, or Internal Affairs Unit.

H. Retention of Recorded Video Files {CFA 32.02E}

The System Administrator shall create a retention procedure, and ensure:
1. MVR and/or BWC recordings are stored consistent with F.S.S., CJIS
requirements, and agency policy.

2. MVR and/or BWC recordings are maintained and/or destroyed consistent with
Policy 222.0, Records.

I. Video Evidence Dissemination

1. The System Administrator or his/her designee shall approve all dissemination of
recordings to outside the OCSO.

2. All public records requests for recordings made by a BWC or MVR shall be
disseminated by the Public Records Unit or other designee of the Sheriff.

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