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SECTION: 621 BODY WORN CAMERA DEVICES

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SECTION: 621

TITLE: BODY WORN CAMERA RECORDING DEVICES

RESCIND:  January 25, 2018

EFFECTIVE: JUNE 30, 2025

SECTION_621_BODY_WORN_CAMERA_RECORDING_DEVICES.docx

PURPOSE:

To establish guidelines for officers utilization of body worn cameras and the procedures for preserving the recorded digital media as evidence.  The use of video and audio recording by law enforcement has been beneficial to the criminal justice system. Law enforcement's use o in-car cameras and body worn cameras has proven effective in documenting traffic stops, reducing violent confrontations and complaints against officers. Body Worn Cameras provide additional documentation of police/public encounters and may be an important tool for collecting evidence and maintaining public trust.

However, it is important to recognize that the images captured are not likely to represent the actual images as observed by the deputy and that deputy's discretion has always and will continue to be a valuable resource in the pursuit of public safety and crime control. The use of body cameras does not replace the accurate and truthful observations of an officer nor reduce the requirement to provide thorough required written reporting and documentation. 

Definitions

  • Body Worn Camera (BWC) - A camera worn on an individual deputy's person that records and stores audio and video of a law enforcement encounter or incident.
  • Buffering Mode - The Watch Guard Vista BWC continuously loops recorded video for a minimum of thirty (30) seconds when not in the event recording mode. Audio is also recorded during the buffering cycle(s).
  • BWC Systems Administrator - Sheriff Office administrator for Watch Guard Evidence Library and Watch Guard Camera Systems with full access to user rights, settings user access and utilization parameters.
  • Digital Evidence - BWC files including photographs, audio recordings, and video footage captured by a BWC and stored in an accessible digital format.
  • Event Mode - When placed in the event mode the Vista BWC records audio and video digital data until the event mode is turned off. The recording will include the minimum thirty (30) seconds of buffered recorded data.
  • Law Enforcement Encounter - any citizen- deputy contact as a result of a call for service or self-initiated police contact that could result in a field interview, citation, arrest, crime report, crash report, or criminal investigation.
  • Visa Ethernet Transfer Station (ETS) - a multiport docking station installed at a respective location for simultaneous charging and uploading of data from a BWC to the Evidence Library.
  • Watch Guard Evidence Library - a digital evidence management solution used in conjunction with a Watch Guard camera system that is hosted on-site at the Evangeline Parish Sheriff's Office. This system stores digital data in a highly secure environment accessible to personnel based on individual security needs and clearance.
  • Watch Guard Vista BWC - the chosen vendor name of the departmental BWC that records and stores audio and video of a law enforcement encounter or incident.

Procedures (Body Worn Camera Objectives)

  1. Body Worn Camera Recording Devices
    The Evangeline Parish Sheriff's maintains a multitude of body worn camera recording devices for patrol division officers and other uniformed positions. These deputies possessing Body Worn Camera equipment shall adhere to the procedures set forth in this order to ensure the following objectives.
    • To provide the Department the ability to balance privacy considerations of its citizens with the need for transparency in law enforcement operations, with accurate documentation of events as they occur, and the collection and preservation of evidence.
    • The accurate documentation of events, actions, conditions and statements made during arrest, law enforcement encounters, and critical incidents, in order to enhance the officers collection of evidence, accuracy of reporting, and testimony in court.
    • To enhance the Department's ability to review probable cause for arrest, the arrest procedure, interaction between officers and individuals, general investigative purposes, resolution of citizen initiated complaints against deputy's and potential training issues.
    • To provide for integration of body-worn camera generated data into the existing video and audio data collection, preservation, and dissemination systems of the Evangeline Parish Sheriff's Office.
  2. Deputy Safety and Recording Guidelines
    1. Officer Safety Concerns
      1. Deputies shall follow existing deputy safety policies when conducting enforcement stops as outlined in Departmental policies and procedures.
      2. Deputy safety shall be the primary consideration when contacting citizens or conducting vehicle stops, not the ability to record the event where it would be impossible, impractical, or jeopardize the safety of the officer.
    2. General Recording Guidelines
      1. Only authorized and trained personnel shall use or be in possession of a Body Worn Camera device.
      2. Body Worn Camera equipment is for official use only and shall not be utilized for personal use.
      3. Deputies shall not tamper with or dismantle any hardware or software component of any Body Worn Camera device.
      4. All digital evidence collected using the Body Worn Camera is considered an official record of the Evangeline Parish Sheriff's Office and is for official use only. Recorded data will be downloaded and stored in-house on proprietary data storage servers accessible only by authorized Department personnel. No data shall be intentionally erased, altered, deleted, or modified in any way, except in accordance with the applicable laws, rules, regulations, and provisions pertaining to public records and records retention.
      5. Accessing, copying, forwarding or releasing any digital evidence for other than official law enforcement use contrary to the procedures set forth herein, is strictly prohibited.
      6. 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(s) to record or capture digital evidence from the original video is strictly prohibited.
  3. Field Deployment
    1. Pre-Shift Inspection
      • The Body Worn Camera unit assigned to an individual deputy is the responsibility of the individual deputy and should be maintained according to the manufacturer's specifications.
      • Deputies shall inspect their assigned BWC device daily to ensure there is a no visual damage and the device is in proper working order.
      • Any visual damage shall be brought to the attention of their supervisor and be reported to the Systems Administrator by email or written documentation utilizing the Technology Problem Report. (TPR).
      • Any inoperable equipment shall be brought to the attention of their supervisor and reported to the Systems Administrator before their tour of duty ends.  The equipment will be returned to the vendor as soon as possible.
      • Deputies should ensure that the BWC equipment is functioning properly in order to record law enforcement encounters and activities to include:
        • The recorder is positioned correctly and adjusted to adequately record enforcement activities;
        • The BWC is not deactivated until the completion of the enforcement activity; and
        • The audio recording equipment is working properly and is activated to record the narration between officer and individual(s).
    2. Camera Positioning
      • Deputies shall wear the Body Worn Camera above the midline (middle) of their torso and in a position that provides for effective point of reference recording. Cameras shall be affixed to the Deputy's uniform utilizing the lockable mounting hardware provided by the vendor.
      • Deputies should become familiar with the positioning of the camera and the field of view afforded by the positioning. Deputies should be cognizant of their arm positioning and adjust movements accordingly, as to not obstruct the view of the camera whenever possible.
    3. Operating Procedures
      • Deputies who are assigned Body Worn Cameras or utilize a BWC device shall adhere to the following procedures for operation of the Body Worn Camera recording systems.
      • The Vista BWC will require an individual deputy to manually activate the BWC device by pushing the Event record button to initiate an incident recording. Likewise, an individual officer will manually press the Event Record button again to deactivate the BWC recording. Individual deputies cannot erase or alter the events recorded on the VISTA BWC.
      • Deputies shall note in al related and subsequent reports the use and content of BWC recorded material as related to a documented incident. All media which contains recordings of incidents that are to be used as evidence shall be properly tagged and labeled prior to submission as evidence to include the following information.
        • Crime Incident Report number/related arrest number;
        • Submitting Officer's name;
        • Date of Offense;
        • Location of offense, and
        • Time of Offense
    4. Body Worn Camera Operation Modes
      • The Vista BWC device operates on rechargeable battery power for up to nine (9) hours of continuous video and audio media on a full charge. The device is equipped with a battery life indicator which is viewable on the home screen at all times.
      • The Vista BWC device has a storage capacity of thirty-two (32) gigabytes of data storage available. The device has a recording file indicators displayed by both percentage of capacity used and gigabytes used on the appropriate screen.
      • The Buffering Mode also called the Pre-Event Recording mode, where a BWC is on but has not been activated to record both video and audio. While in the buffering mode, the camera will continuously record video and audio in a minimum of (30) second loops until activated to record a desired event in the event mode.
      • The Event Mode begins when the Event button is activated. The Vista BWC saves the buffered video a minimum of thirty (30) second prior to activation and continues recording video and now audio for up to nine (9) hours on a full battery charge. The repeated pressing of the Event button turns the recording device on and off creating separate media event files or video segments.
      • When assigned a call for service with a citizen the Body Camera shall be turned on to record the event no later than exiting the police unit upon arrival. When conducting a Law Enforcement encounter with a citizen, the Body Camera shall be activated as soon as possible prior to the initiation of the law enforcement encounter.
    5. Entering Event Tag
      • Each recorded segment requires an event tag to be entered even if the segment is of the same event. Event tags should be added at conclusion of the event. In the case of an unforeseen delay, event tags should be added as soon as possible thereafter.
      • Adding event tags will not alter the recording as it assigns the specified recording to a predefined category event tag that is searchable within the incident categories on the device. The user shall assign an event tag (arrest, traffic stop, citation, etc.) to a recording upon completion of the event via the selection button on the BWC device.
      • The proper method of entering event tags for recorded events shall be thoroughly covered in initial Body Camera operation training and subsequent in-service refresher training by the IT Division and supervisory training staff.
    6. Equipment Repair, Replacement, and Maintained
      • When a Body Worn Camera malfunctions the officer will notify their supervisor by written documentation which will be used to notify the Captain of Patrol who will report it to the Systems Administrator or other IT Division personnel. (The reporting Supervisor shall also place a courtesy call to the Captain of Patrol reference the reported malfunction during normal business hours.)
      • The deputy will note the day, time, and nature of the malfunction on his documentation.
      • The inoperable equipment will be taken to the Computer Systems administrator or other IT Division personnel as soon as possible for repair.
      • If the IT Division 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 the IT Division and performed through an authorized service provider.
      • When not in use, the Vista BWC device shall be stored in the deputy's assigned charging cradle, ETS, or in a secure storage location.
  4. Law Enforcement Event Recording
    1. Advisement of Recording
      • The State of Louisiana is a one party recording state meaning, as long as one party is aware a recording is taking place the entirely of the recording is legal. As such, a private citizen does not have a reasonable expectation of privacy when speaking with deputies within the scope of their official duties even when the contact may occur in a private residence.
      • Deputies are not required by law to give any notice they are recording, however if asked by a citizen if the event is being recorded the officer should advise the citizen of the recording.
      • Deputies are not required to initiate are cease recording an event, situation or circumstance solely on the insistence of a citizen during any law enforcement encounter.
    2. Mandatory Body Worn Camera Recordings
      1. Law Enforcement Encounters
        1. Deputies shall utilize the BWC to record law enforcement related contacts. The BWC recording should be activated prior to actual contact with the citizen, or as soon as safely possible thereafter, and continue recording until the contact is conducted.
        2. Law Enforcement encounters include the following but are not limited to; reporting events, traffic stops, crash investigations, major crime scenes, field interviews, roadside detentions, arrests, persons present at calls that are suspected or accused of crimes, and consensual encounters where the officer in developing reasonable suspicion of the subject's actions.
        3. Law Enforcement encounters also include a deputy's presence at an incident as the assisting officer during a Law Enforcement encounter or when assisting a law enforcement officer of another agency during a Law Enforcement encounter.
        4. Deputy's use of BWC's while working a special event is at the discretion of the Sheriff or his designee. Officers Deputies are required to wear their Vista BWC is assigned, during all uniformed details such as overtime programs, special details, and secondary employment where there is reasonable expectation of a law enforcement encounter.
      2. Arrests
        1. Deputies may stop recording in the event mode when the arrestee is secured inside the police unit or law enforcement facility. If there is a need to continue recording for evidentiary purposes deputies should resume recording in the event mode.
        2. If a deputy resumes recording in the event mode the camera shall remain in event mode until the deputy on longer has contact with the subject or is secured in a booking facility or locked detention cell.
      3. Suspect Interviews
        1. Deputies are encouraged to fully record suspect interviews. Deputies should not stop and start a recording during a suspect interview as content may be lost and separate files generated.
        2. When recording interviews deputies should ensure they record any admonishments prior to the beginning of an interview being recorded.
      4. Private Residences
        1. Private Citizens have a reasonable expectation of privacy in their homes. However, when deputies are lawfully present in a home i.e. warrant, consensual entry, call for service, or other exigent circumstance in the course of their official duties, there is not an expectation of privacy. The following circumstances also apply:
          • Juvenile victim;
          • Victim of a sex crime;
          • Confidential informant
    3. Non-mandatory or Forbidden Recordings
      1. BWC's should not be used to record non-work related activities.
      2. BWC's should not be used to record in areas or activities such as shift meetings, break rooms, or other activities not related to law enforcement activities.
      3. BWC's should not be activated in places where persons have a reasonable expectation of privacy such as dressing rooms, restrooms, etc. except as a matter of law enforcement encounter with the public.
      4. BWC's shall not be activated or sued during an official Department Administrative Investigation interview or conversation with Professional Standards personnel or supervisors.
      5. When possible deputies should avoid recording unclothed exposed areas of the body of an individual that could cause embarrassment or humiliation such as genitalia unless it is relevant to a criminal investigation such as a complaint of Indecent Exposure, etc.
      6. Deputies should not record patients during a medical or psychological evaluation by a physician or similar professional or during medical treatment. This includes PEC physician interviews. Deputies should be aware of other patients right's when entering a medical facility or hospital and avoid recording person other than the suspect or complainant they come into contact with.
      7. Deputies should not record while in a facility whose primary purpose is to provide psychiatric services unless responding to a call for service at the facility involving a patient or staff member.
      8. Deputies should not record inside another agencies facility, jail or correctional facility.
    4. Victim and Witness Interviews
      1. Victim and witness interviews will generally not be recorded at the scene in any great detail unless it involves a victim or witness describing the event or their observance of the event.
      2. Victims of Domestic Violence often recant their statements days after a call for service. For this reason victims of domestic violence statements and visible injuries should be recorded on a BWC whenever possible to support the statements and observances of the responding or investigating officer.
      3. BWC's should generally not be used during Sex crime or Child abuse investigations to record a lengthy statement from the victim, witness and interactions of parents or victims.
      4. Deputies may deactivate the BWC at the request of any victim, witness, or citizen informer that wishes to not be recorded. The request should be recorded and the officer shall note in their report the fact of the deactivation and the basis therefore.
    5. Casual Community Contacts
      1. Generally deputies should not record informal or casual encounters with members of the public. Deputies should consider that recording people in some instances may inhibit the sharing of neighborhood information which inhibits the development of community ties between officers and the general public.
      2. During peaceful demonstrations deputies should operate BWC's in the buffering mode. If a deputy witnesses a crime occurring amongst the demonstrators, they should begin recording the incident in the event mode.
  5. Video Storage, Retention, and Release
    1. Uploading Procedures
      1. After verifying the required event tag(s) have been added to all recorded event, officers shall place the BWC into any open slot on the ETS docking station at the end of their shift.
      2. When a BWC is placed into a slot in the docking station the BWC shall recharge the battery and the recorded archived data will be automatically transferred from the BWC through the ETS to the Watch Guard Evidence Library. The data shall be considered uploaded at this point.
      3. The data from Vista Body Worn Camera system shall be downloaded prior to the end of a deputy's tour of duty (designated working period) on a necessity basis. This is due to the Vista BWC devices limited memory storage of thirty-two (32) gigabytes. As such, deputies shall be required to make a mandatory download of recorded data when the devices recorded media reaches sixty-five percent (65%) of the devices capacity.
    2. Accessing the Watch Guard Evidence Library
      1. Selected personnel (Sheriff, Major and Chief of Patrol) shall be given administrator user rights to review digital evidence downloaded and stored in the Watch Guard Evidence Library. Each authorized person shall be assigned a unique password to access the Vista Evidence Library.
      2. Utilizing a department computer, the authorized individual shall enter their unique user name and password into the browser line of the evidence library login screen. From this screen the individual may search and view recorded data stored in the Evidence Library system.
      3. Digital Evidence can only be viewed by authorized personnel however select individuals such as Evidence Officers and IT personnel shall be administrator rights and allowed to copy data from the Evidence Library for evidence submission purposes.
    3. Retention of Digital Evidence
      1. All digital BWC recordings related to any criminal event or incident shall be preserved in the Vista Evidence Library until the enforcement action supported by the digital recording has been resolved through judicial review and a court disposition has been reached.
      2. All BWC recordings not tagged as evidence shall be stored and maintained in the Vista Evidence Library for a minimum of thirteen (13) months or three hundred ninety-six (396) days. Data may be purged from the Vista Evidence Library server(s) after the prescribed period has elapsed.
    4. Reviewing Digital Evidence
      1. Deputies may review their own recordings for the completion of Crime Incident Reports, Crash Reports, any investigative reason, and prior to providing an Administrative statement involving an allegation of misconduct reported to the Department by a citizen.
      2. Supervisory personnel may review body camera recordings at their discretion for training purposes, officer performance, or to review incidents of departmental interest.
    5. Deletion of Unintentional Recordings
      1. In the event of an unintentional activation of the body-worn camera during non-enforcement or non-investigative activities, e.g. restrooms, break rooms, or other areas where there is a reasonable expectation of privacy, deputies may request the deletion of the recording.
      2. A memorandum or letter detailing the circumstances of the unintentional recording shall be created and forwarded via the chain of command to the Sheriff or his designee. If approved he shall order the deletion of the recording, the actual deletion will be conducted by a Vista Evidence Library Administrator who shall retain the record(s) of the deletion from the evidence library.
    6. Release of Body Camera Recordings
      1. The public release/disclosure of body camera recordings will be handled on a case by case basis through the Sheriff or his custodian of records designee in consultation with the District Attorney's Office in accordance with the provisions of the Louisiana Public Records Law 44:3 and/or a valid court order from a court of competent jurisdiction.
      2. Louisiana Revised Statues 44:3 Records of prosecutive, investigate, and law enforcement agencies and communications districts, specifically addresses the release of digitally recorded media as it relates to records of disclosure. As such, all Body Camera Recordings shall be released in accordance with 44:3 C (8) and I, which reads as follows:
        (8) Video or audio recordings generated by law enforcement officer body-worn cameras that are found by the custodian to violate an individual's reasonable expectation of privacy.
        1. A body-worn camera is a camera worn on an individual law enforcement's officer's person that records and stores audio and video.
        2. Body-worn camera video or audio recordings that are determined by the custodian to violate an individual's reasonable expectation of privacy shall be disclosed upon a determination and order from a court of competent jurisdiction pursuant to R.S. 44:35.
        3. All costs of production associated with a court ordered disclosure shall be set by the court.
        4. Notwithstanding any provision of this Chapter to the contrary, body-worn camera video or audio recordings generated while the law enforcement officers is not acting in the scope of his official duties shall not be subject to disclosure when the disclosure would violate a reasonable expectation of privacy.
      3. All requests for production of video or audio recordings generated by law enforcement officer body-worn cameras shall be incident specific and shall include reasonable specificity as to the date, time, location, or persons involved. A request for multiple incidents shall include reasonable specificity as to the date, time, location, or persons involved in each incident requested. The custodian may deny a request not containing reasonable specificity.