Frequently Asked Questions

There is a wide-range of important issues that may be governed by a law enforcement agency’s internal administrative policy. The Police Executive Research Forum (PERF) report (PERF, 2014:37) identifies a range of key policy issues, including:

• Basic camera usage: who will wear the cameras; where will the cameras be worn (hat, sunglasses, chest, etc.).
• Designated staff member: identify who is responsible for maintaining, charging, reporting, documenting malfunctions, and issuing new cameras.
• Recording protocols: when to activate and deactivate camera, and when recording is required, discretionary, and prohibited.
• Video downloading process: who will download, when download will occur, where data will be stored, and how it will be safeguarded from tampering.
• Method for documenting chain of custody.
• Data retention periods for different categories of recorded data (evidentiary, non-evidentiary).
• Process for accessing and reviewing data: identify who is authorized to review and under what circumstances (e.g., individual officers, supervisors).
• Process for releasing recorded data to the public, including redaction processes, timelines for release, and data specifically prohibited from release.
• Process for contracting with third-party vendors for data storage.

Other resources for policy considerations include: a report by the National Institute of Justice Sensor, Surveillance, and Biometric Technologies (SSBT) Center of Excellence (2012); the International Association of Chiefs of Police Body-Worn Cameras Model Policy; and the Office of Justice Programs Diagnostic Center Report (White, 2014).

Several policy areas are described in greater detail below.

• National Law Enforcement and Corrections Technology Center (NLECTC) for the National Institute of Justice, Primer on Body-Worn Cameras for Law Enforcement: https://nccpsafety.org/assets/files/library/Primer_on_Body-Worn_Cameras.pdf
• International Association of Chiefs of Police, Body-Worn Cameras Model Policy and Paper: https://www.theiacp.org/sites/default/files/all/b/BodyWornCamerasPolicy.pdf
• System Assessment and Validation for Emergency Responders (SAVER) for the Science and Technology Directorate, Body-Worn Video Cameras for Law Enforcement Assessment Report: https://www.dhs.gov/sites/default/files/publications/Body-Worn-Cams-AR_0415-508_0.pdf
• Police Executive Research Forum (PERF) for the Office of Community Oriented Policing Services, Implementing a Body-Worn Camera Program: Recommendations and Lessons Learned: http://www.justice.gov/iso/opa/resources/472014912134715246869.pdf

At a minimum, a law enforcement agency should collaborate with the prosecutor's office (city, county, state, federal, and/or tribal), the public defender and defense bar, the courts, and relevant leaders in local/tribal government (mayor, city council, city attorney, etc.).

The law enforcement agency should also engage civil rights/advocacy groups, community leaders, and residents. A number of agencies have also engaged local media in the process to educate the public, advertise the decision to adopt the technology (i.e., to demonstrate transparency), and provide a mechanism to gather feedback.

In March 2015, there were nearly 30 states considering legislation governing officer body-worn cameras (BWC), many of which mandate cameras for all law enforcement officials in the entire state. Law enforcement leaders should also engage state representatives to ensure that legislatures fully understand the issues surrounding this technology, and that they engage in thoughtful deliberations regarding BWCs. By engaging external stakeholders, the law enforcement agency can ensure that expectations about the impact of the technology are reasonable and their outcomes obtainable.

Results from the Police Executive Research Forum (PERF) surveys of law enforcement executives demonstrate that a number of agencies have engaged with their residents in a positive way regarding the deployment of body-worn cameras (BWC). A number of departments have used adoption of BWCs as an opportunity to demonstrate transparency to the community. Numerous experts strongly recommend engaging in dialogue with members of the public about BWCs before the technology is deployed on the street. Chief Farrar of the Rialto (CA) Police Department stated, "You have to engage the public before the cameras hit the street. You have to tell people what the cameras are going to be used for, how everyone can benefit from them." (PERF, 2014: 21) Other agencies, such as the Los Angeles (CA) Police Department, have solicited community input regarding the development of their administrative policy, and many agencies have used social media to engage residents on the technology.

The February 25-26, 2015 Bureau of Justice Assistance BWC Expert Panel participants emphasized that BWC programs are only one piece of the puzzle, offering the following thoughts:

• "Just because I put on a camera doesn't mean that it's building a relationship or more trust. Police departments needs to use the cameras as part of a larger engagement strategy." Joe Perez, President, Hispanic American Police Command Officers Association – National Capitol Region
• "Trust needs to be established. How can we establish more trust amongst those we serve? There should be more dialogue on this topic rather than on logistics." Dr. Michael D. White, Arizona State University
• "We are posting our video to a YouTube page with redacted videos as a pilot to get transparency and accountability up and requests for videos down." Michael Wagers, Chief Operating Officer, Seattle (WA) Police Department
• "Over the last two years there has been a change; more transparency and legitimacy in policing, and the government invested more money (increased to £6 million pounds) into the BWC program." Inspector Steve Goodier, Hampshire Constabulary, United Kingdom

Departments vary in how they have implemented body-worn camera (BWC) programs. However, there are two common themes.

First, the vast majority of departments have implemented their BWC programs with officers assigned to patrol. The rationale for deploying the technology with front-line patrol officers is that officers on patrol have the most contact with the public. Some departments have also expanded their use of BWCs beyond patrol into specialized units such as K-9, SWAT, specialized driving under the influence teams, and investigations.

Second, many departments have adopted an incremental approach to deployment by restricting use to a small number of officers for an initial pilot period. Departments have found that this type of approach helps to overcome potential officer anxiety and resistance and enables a department to make mid-term revisions as it learns how this technology affects the community as a whole. Such a strategy also allows other units in the department the time to adapt to the new technology. In many cases, the initial group of officers assigned to wear cameras are volunteers who often become "internal champions" for the technology.

Lindsay Miller from the Police Executive Research Forum stated, "The decision to implement a BWC program should not be entered lightly–once implemented it is hard to scale back from that course. Agencies need to thoughtfully examine the idea of a BWC program and have written policies in place (something not all agencies do)."

Law enforcement–community member encounters are transactional events, with each participant making decisions and responding to the decisions of the other participant. As a result, use-of-force by a law enforcement officer is the culmination of a series of earlier actions and reactions. However, review of force incidents traditionally ignores earlier stages of an encounter and focuses entirely on the final-frame decision (called the split-second syndrome). Body-worn cameras (BWC) represent an opportunity to overcome the split-second syndrome because the technology can allow for a full review of all actions made by the officer during an encounter, from start to finish. For example, BWCs can help answer questions such as:

• How did the officer act early on in the encounter that deescalated or escalated the potential for violence?
• Upon review of the video, is there anything the officer might have missed that would have resolved the encounter differently?

BWC recordings can be a part of a comprehensive review of use-of-force encounters to determine why they ended in violence, and to identify better practices for resolving encounters peacefully (which can then be incorporated into officer training). During his testimony before the President's Task Force on 21st Century Policing, Dr. Michael D. White of Arizona State University stated:

"BWCs represent an opportunity to overcome the split-second syndrome because the technology can provide a permanent video record of the entire police–community member encounter. BWCs allow for a full review of all decisions made by the officer during an encounter, from start to finish. Did the officer make decisions early on in the encounter that escalated the potential for violence? Did the officer miss opportunities to resolve the encounter peacefully? BWCs can facilitate a comprehensive review of forceful encounters to determine why they ended in violence; and to identify best practices for resolving encounters peacefully."

Maggie Goodrich, Los Angeles (CA) Police Department, and Kay Chopard Cohen, National District Attorneys Association, offered related thoughts in the February 26-27, 2015 Bureau of Justice Assistance BWC Expert Panel. Goodrich explained, "the purpose of BWCs is the collection of evidence and to determine what really happened." Chopard Cohen asserted, "criminal investigations today are so much more complex than years ago. We did not have the same techniques before. There was no DNA, just a few eyewitnesses. Today we have lots of corroboration. We need to weigh civil liability with requirements for civil prosecution and balance those so we are looking out for both sides in any cases. From a prosecutor's prospective, we need to worry about victim safety and confidentiality. We need to worry about safety of innocent bystanders. BWCs add a layer of complexity; we want to see what happened, but sometimes when an officer responds, it is not right for public viewing. There are situations where we have to educate the public and legislatures that this should not be available for public viewing. We need to be the protector of that and uphold the Constitution to make complexities work."

There are significant concerns regarding the recording of interviews with crime victims and other vulnerable populations (e.g., children and the mentally ill). Victims of crime have experienced a traumatic event and law enforcement officers should be sensitive to the possibility that recording their interaction with the victim may exacerbate that trauma. The Police Executive Research Forum (PERF) report (PERF, 2014) recommends that officers always obtain consent to record interviews with crime victims and that consent should be recorded by the body-worn camera (BWC) or obtained in writing. Officers should also be aware of the laws governing the recording of interviews with juveniles, which may vary from laws governing adults. Officers may require additional training regarding the recording of interviews with vulnerable populations.

Participants in the February 26-27, 2015 Bureau of Justice Assistance BWC Expert Panel discussed the understandable fears victims express about the public release of their recorded statements. Damon Mosler, Deputy District Attorney of San Diego (CA) County, suggested those concerns are broader than one may initially consider. "Most policies record all law enforcement activities, but you will capture confidential, biographical, and financial data of victims and witnesses. What are victim impacts for juveniles being recorded? What about informants caught on tape? Ancillary bystanders–when you have multiple officers responding, you have different tapes. Some may shut off, some may not." Panel participants also discussed the fear victims may have about how the video could be used against them.

Further illustrating the complexity of this issue, Maggie Goodrich from the Los Angeles (CA) Police Department shared that during discussions with victims' rights advocates, the LAPD found that "some want recordings–such as when a victim is being interviewed by an expert in a rape treatment center, yet some are concerned that victims' memories right after trauma is initially fuzzy and may become clearer over time, and prosecutors don't necessarily want two different statements."

For more information, see:

• Police Executive Research Forum (PERF) for the Office of Community Oriented Policing Services, Implementing a Body-Worn Camera Program: Recommendations and Lessons Learned: http://www.justice.gov/iso/opa/resources/472014912134715246869.pdf

There are limitations to body-worn cameras (BWC), and agencies should educate the public, advocacy groups, and other stakeholders regarding those limitations. BWCs may not capture every aspect of an encounter based on camera angle, focus, or lighting. For example, the camera view may be obscured when an officer moves his or her body. Footage may also not capture the entirety of an encounter. There may be different interpretations of what transpires on a video among those who view it.

There is also a relevant body of research on memory science: how officers perceive events during a high-stress critical incidents, and how they are able to accurately recall what transpired after the fact. Dr. Bill Lewinski, Executive Director of the Force Science Institute, testified before the President's Task Force on 21st Century Policing regarding memory science and how such issues provide an important context for understanding the impact of BWCs. Dr. Lewinski identified 10 important limitations with BWCs that should shape our review and understanding of law enforcement behavior during critical encounters:

1. A camera does not follow officers' eyes or see as they see.
2. Some important danger cues cannot be recorded.
3. Camera speed differs from the speed of life.
4. A camera may not see as well as a human does in low light.
5. An officer's body may block the view.
6. A camera only records in 2-D.
7. The absence of sophisticated time-stamping may prove critical.
8. One camera may not be enough.
9. A camera encourages second-guessing.
10. A camera can never replace a thorough investigation.

Participants at the February 2015 Bureau of Justice Assistance BWC Expert Panel also stressed the importance of communicating the limits of the technology. Michael Kurtenbach of the Phoenix (AZ) Police Department said, "Sit down with the community and have discussions about limitations for a constructive dialogue." Inspector Steve Goodier from the Hampshire Constabulary in the United Kingdom added, "There is a gap in the limitations of the human and camera, and it is important to make that distinction."

Another key policy issue involves whether officers should be allowed to review video footage of an incident, especially a critical incident, before filing a report or making a statement. The Police Executive Research Forum (PERF) report notes, "The majority of law enforcement executives interviewed by PERF are in favor of allowing officers to review body-worn camera (BWC) footage prior to making a statement about an incident in which they were involved. They believe that this approach provides the best evidence of what actually took place." (PERF, 2014: 29)

Some agency leaders, defense attorneys, and civil rights advocates oppose officer review of footage before making a statement, arguing that review of the video may lead the officer to alter or tailor his or her statement. The decision to allow officers to review footage (or not) before making statements should be made locally based on discussion between the agency leaders, union representatives, and other relevant stakeholders such as prosecutors and independent law enforcement review boards, if applicable.

There is also the potential for inconsistencies to exist between the written report and the video. Departments vary in how they handle this. Some agencies do not permit officers to review the video post-event before their reports are written. These agencies take the perspective that they want the "officer's perception" of the event described in the departmental report without the assistance of reviewing the video so that the department better understands how the officer perceived the event as it occurred in the field. One criticism of this approach is that evidence presented through the officer's report and the video evidence might be inconsistent with one another, which could create complications in court. Other agencies permit the officer through agency policy to review the video of the incident while writing the departmental report. This allows the officer more opportunity to ensure that the police report does not omit things that were captured in the video. There have been no evaluations to date that have examined the strengths and weaknesses of either approach. Each agency should work with its in-house legal counsel, local prosecutors, and local defense attorney to determine which approach is best for its jurisdiction.

Lively conversation about allowing or not allowing officer viewing of video took place during the February 26-27, 2015 Bureau of Justice Assistance BWC Expert Panel. Although participants provided examples of when officer viewing of videos should be limited or constrained, they also discussed a number of examples illustrating the benefits derived from officers' assessment of their video, including affording valuable opportunities for self-awareness and development. Moreover, Inspector Steve Goodier of the Hampshire Constabulary in the United Kingdom also explained that his agency found situations where a video review with a supervisor or mentor proved instrumental in realizing that "certain training and instructions were not quite translating to real life, giving both an opportunity to reflect on their performance." Los Angeles (CA) Police Department's (LAPD) Maggie Goodrich shared, "the purpose of BWCs is the collection of evidence and to determine what really happened."

Jumana Musa, National Association of Criminal Defense Lawyers, warned against giving officers the ability to view video after a use of force incident or other action resulting in a citizen complaint, explaining that the purpose of "the officer's testimony is to get their assessment of what happened in the moment, so it is important to capture what happened as they perceived it. By showing officers the video of the incident before capturing their statement, the testimony will be a result of the officer processing what they saw on the video rather than what they recalled and this could change the nature of the statement. The police are also taking statements from others involved who don’t have the same opportunity to review the video."

In response, Chief Whent of the Oakland (CA) Police Department said, "when people can view the videos, officers can view them as well, but not prior to statements in the event of an officer-involved shooting. Statements must be given first so they aren't simply recounting video." Maggie Goodrich, LAPD Chief Information Officer, said, "in more serious use-of-force and officer-involved shooting investigations, the officer can review the video before making a statement. However, the involved officers are separated, the line supervisor takes the cameras and powers them off and turns them over to the investigator, and the video review occurs once it is authorized by the investigator".

There has been little research conducted on the effect of body-worn cameras (BWC) on criminal prosecutions. In Phoenix, AZ, researchers found that domestic violence cases involving a camera-wearing officer were more likely to be initiated by the prosecutor’s office (40.9% vs. 34.3%), have charges filed (37.7% vs. 26%), have cases furthered (12.7% vs. 6.2%), result in a guilty plea (4.4% vs. 1.2%), and result in a guilty verdict at trial (4.4% vs. 0.9%) (Katz et al., 2015).

The Plymouth (England) Head Camera Project reported that the technology increased officers’ ability to document that a violent crime had occurred, and the incidents recorded by BWCs were more likely to be resolved through guilty pleas rather than criminal trials (Goodall, 2007). In Renfrewshire, Scotland, BWC cases were 70-80% more likely to result in a guilty plea, compared to other court cases. A more recent report from Essex, Scotland, that focused specifically on domestic abuse calls also found that criminal charges were more likely to be filed in cases where an officer was wearing a BWC (Owens et al., 2014).

Anecdotal evidence from the Police Executive Research Forum (PERF) interviews of law enforcement executives (PERF, 2014) also suggests that BWCs may affect prosecution of cases through improved evidence collection. Chief Parker of the Dalton (GA) Police Department reported that BWCs have enhanced evidence collection at accident scenes, as officers work to secure a scene, interview witnesses and victims, and provide emergency medical care as needed. Several chiefs also indicated that BWCs are useful in domestic violence cases when it is difficult for a victim to participate. In these cases, BWC policies regarding victims, to include children and other vulnerable persons, must be carefully crafted.

For more information, see:

• Police Executive Research Forum (PERF) for the Office of Community Oriented Policing Services, Implementing a Body-Worn Camera Program: Recommendations and Lessons Learned: http://www.justice.gov/iso/opa/resources/472014912134715246869.pdf
• Phoenix, Arizona: http://cvpcs.asu.edu/sites/default/files/content/projects/PPD_SPI_Final_Report%204_28_15.pdf

There is currently no evidence from the United States documenting any sort of health and safety risks associated with body-worn cameras. The United Kingdom Home Office guide provides a comprehensive list of potential hazards to officers who wear head-mounted cameras, rates the risk level for each hazard, and discusses strategies to mitigate risk. Many of the hazards are deemed to be low-risk, such as being targeted for assault because of the camera, neck injury from the weight of the camera, and electrical shock. However, several hazards are rated as medium-risk, such as strangulation with the lead (or wire) by an offender; head injury through impact of the camera by an assailant; and soreness, discomfort, and headache from the headband. Most of the cited health concerns are mitigated by wearing the camera on other parts of the uniform (e.g., the torso, not the head). The lack of evidence regarding the health and safety concerns does not mean there are no risks. Departments should explore potential risks as they adopt the technology.

For more information, see:

• United Kingdom Home Office, Guidance for the Police Use of Body-Worn Video Devices: http://library.college.police.uk/docs/homeoffice/guidance-body-worn-devices.pdf

Investigators and detectives might need different training on body-worn cameras (BWC) depending on the methods and means the agency uses to share evidence obtained through BWCs. For many agencies, evidence obtained through BWCs will be downloaded by first responders into an in-house or cloud-based storage system. Investigators will need to be trained on how to identify when this evidence becomes available to them, how to retrieve the evidence, and any policies, procedures, ordinances, and laws governing their use. Training may also be required to familiarize detectives and investigators with the use of BWC footage during testimony for criminal and civil trials. All of these procedures should be reviewed by your legal counsel and prosecuting authority prior to implementation.

Dashboard cameras are fixed to law enforcement vehicles, therefore only capturing video from the front of the vehicle. Some dashboard cameras allow for audio recording near the law enforcement vehicle. Body-worn cameras (BWCs) retain the strengths of the dashboard camera, but they allow the technology to accompany the officer wherever he or she goes. In some instances, using BWCs and dashboard cameras together can be beneficial, documenting an event from two different perspectives.

BWCs are different from close-circuit television systems (CCTV). CCTVs are stationary systems that record behavior in a given public space. Sir Bernard Hogan-Howe of the London Metropolitan Police Service highlights the core differences between BWCs and CCTVs: "In London we have CCTVs, which are quite extensive and becoming even more so, but the distinction is that those cameras don’t listen to your conversations. They observe behavior and see what people do and cover public space, so you can see if there is a crime being committed. But CCTVs don’t generally seek out individuals." (PERF, 2014: 11)

For additional information, see Police Executive Research Forum (PERF), Implementing a Body-Worn Camera Program: Recommendations and Lessons Learned: http://www.justice.gov/iso/opa/resources/472014912134715246869.pdf

A number of departments have found that engaging the community prior to deployment of body-worn cameras (BWC) has helped to generate community support. Agencies have used a number of methods to engage the public, including press releases (e.g., television, print media), the use of social media (e.g., Facebook, Twitter), well-publicized demonstrations of the technology, and in-person communications with community leaders. Experiences from law enforcement executives interviewed by the Police Executive Research Forum highlight the importance of community engagement.

Community engagement was a recurrent them at the February 26-27, 2015 Bureau of Justice Assistance BWC Expert Panel, including the following comments:

• "Our chief hosted multiple community outreach groups to give folks an opportunity to weigh in on our body-worn camera program. In addition, we conducted an online survey of the community and used UCLA (University of California-Los Angeles) as an independent body to evaluate the survey." Sgt. Dan Gomez, Los Angeles (CA) Police Department
• "We brought in the community–even those community members that didn’t like us–to watch our training. And, they loved it." Chief Jeff Halstead (retired), Fort Worth (TX) Police Department
• "Train with the community through established community stakeholders. Temper what the camera can do with the reality of what it captures." Lieutenant Daniel Zehnder, Las Vegas (NV) Metropolitan Police Department

There is potential to integrate body-worn cameras (BWC) with facial recognition systems. The use of facial recognition and BWCs may pose serious risks to public privacy. Agencies that explore this integration should proceed very cautiously and should consult with legal counsel and other relevant stakeholders.

The technology consists of the camera, which is typically worn on the officer's uniform (placed optionally on the shoulder lapel, sunglasses, or hat), with a forward-facing viewable area. When thinking about the mounting location, an agency should consider the uniform types worn by officers and how uniforms may vary throughout the year (summer, winter). Additional accessories may be required to ensure the camera is properly positioned, securely attached and protected to support the officer and his or her unique mission.

There are a number of different types of camera with differing options, including user controls such as push to record, touch-screen controls, video and audio feed, and playback in field. The video evidence is uploaded through a docking station on a local storage device (e.g., server) or through an online web-based digital media storage platform where the evidence can be encrypted and managed. Some models also allow for video upload while in the field.

At the February 26-27, 2015, Bureau of Justice Assistance Body-Worn Camera Expert Panel convening, Donna Twyford of the U.S. Customs and Border Protection shared a warning that "cameras with lots of options are not always beneficial-they may simply just present more items that can be lost or broken." During those same discussions, Maggie Goodrich of the Los Angeles (CA) Police Department (LAPD) explained it is important to critically look at and transparently share equipment capabilities. In the LAPD, "there was an officer evaluation–if the vendor said that the camera did A, B, and C, we tested it to prove it. We conducted reviews of different mounts and evaluated video and audio quality. It was a fully transparent process we found that it was critical to receive input from those who would ultimately wear the cameras."