FAQs

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."

All line-level sworn law enforcement officers should be retrained in some way on the proper use of body-worn cameras (BWC) on an annual basis (Police Executive Research Forum, 2014). The training could review department policies, ordinances, and laws related to BWCs; outline how to conduct a pre-shift inspection of the equipment; and review how to properly document and download BWC evidence. Training may also be required to familiarize officers with the use of BWC footage during testimony on the stand during criminal and civil trials. The training should also consider offering a forum for open dialogue among officers regarding problems, concerns, and questions about the technology.

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

Investigators and detectives might need different training on body-worn cameras (BWCs) 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 during criminal and civil trials. All of these procedures should be reviewed by your legal counsel and prosecuting authority prior to implementation.

Representatives from the prosecutor’s office should be included in the planning and implementation process of any body-worn camera (BWC) effort. Prosecutors and legal counsel will have, or be able to quickly develop, a familiarity with the ordinances and laws that may govern and limit the use of BWCs. Prosecutors will need to participate at some level in the development of internal law enforcement policies and procedures while simultaneously developing new training, policies, and procedures for their own office.

In addition, prosecutors and defense attorneys will have to plan for internal expenses associated with BWCs. For example, while there has been little research regarding the BWC issues confronting prosecutors, one evaluation reported that the City of Phoenix (AZ) Prosecutor’s Office was not prepared for the amount of video evidence its prosecutors would be required to review. Complications arose related to the tracking of BWC evidence as well as the amount of time required to review each video file for evidence (Katz et al., 2015). If BWC video exists related to a particular case, prosecutors may have a legal obligation to review the evidence, and will likely have to disclose it to the defense. As a result, communication between law enforcement and prosecutors on the existence of video is crucial.

Finally, communities should anticipate requests from the judiciary for training and orientations for their judges and clerks regarding the technology.

The evidence suggesting that body-worn cameras (BWC) can reduce liability for a law enforcement agency and city is limited. It is reasonable to assume, however, that if BWCs reduce complaints against officers and officer use-of-force (as suggested by several studies), then the technology may also reduce liability risk. Several law enforcement agencies have used BWCs in a more targeted manner, by requiring officers with a history of complaints to wear the technology. Chief Chitwood of the Daytona Beach (FL) Police Department required an officer with a history of questionable complaints to wear a BWC (PERF, 2014). After several incidents in which the officer claimed that his camera had malfunctioned, the department was able to determine that the camera was turned off intentionally and the officer was subsequently fired. Chief Lansdowne, formerly of the San Diego (CA) Police Department, stated that BWC footage provides important information to investigate claims of racial profiling. "When it comes to collecting data, the raw numbers don’t always fully capture the true scope of a problem. But by capturing an audio and video account of an encounter, cameras provide an objective record of whether racial profiling took place, what patterns of officer behavior are present, and how often the problem occurs." (PERF, 2014: 8)

A number of agencies have found that the adoption of BWCs can be helpful in response to external investigations, consent decrees, and other forms of external scrutiny (PERF, 2014). Departments in Detroit (MI), New Orleans (LA), Spokane (WA), and Las Vegas (NV) have implemented BWC programs as part of agreements with the Office of Community Oriented Policing Services or the Civil Rights Division of the U.S. Department of Justice.

During the February 26-27, 2015 Bureau of Justice Assistance BWC Expert Panel, Damon Mosler, Deputy District Attorney of San Diego County (CA), explained, "there is a cost or consequence of stopping tape or not recording–it may have adverse impact that could call into question officers' motives, creating civil liability for (the) department." Expounding on the liability "costs," Donald Papy, Chief Deputy City Attorney for the City of Miami Beach (FL), shared, "we defend civil claims of police misconduct and there is extraordinary value in the civil realm as well as criminal." In contemplating how much money can be saved by having BWCs, Papy offered that "many cases would not proceed if a BWC video showed what actually happened–this should be studied." Further, Papy said that "potential liability and attorney fees are a huge issue for a municipality" and then provided an example of a case that could have been dropped if BWCs had been available: "a man driving a car was being pursued and he ended up smashing into a utility pole and when the police arrived he was lying outside the passenger side of the car. He was paralyzed. He claimed he had gotten out of the car to see the damage on the passenger side and then the police beat him into paralysis. Our evidence showed the car had violently spun around causing him to be ejected, winding up on the ground outside of the passenger side and was paralyzed. If the officer had a BWC, the video would have showed the truth."

Law enforcement agencies will benefit from a public education campaign that is focused on increasing public awareness of the body-worn camera (BWC) program, the goals for the program (why the agency has adopted the cameras), and what to expect in terms of benefits and challenges. The public education campaign can be part of a larger effort by the agency to demonstrate transparency and to improve outcomes with the community. The local media can be an important partner in the public education campaign, through print, radio, and television reporting on the BWC program. Decisions about how much information to provide and how to provide it (web site, public service announcements, media reporting, etc.) should be made locally.

Several participants of the Bureau of Justice Assistance BWC Expert Panel shared their community outreach efforts. Michael Wagers, Chief Operating Officer of the Seattle (WA) Police Department, explained Seattle took three months to rewrite its BWC policy because it posted the policy publically to seek input from stakeholders. Wagers emphasized the significant value in this approach, "We had an agreement with the police union and included them in the policy development process–we ended up using a lot of input from external stakeholders as well." Inspector Steve Goodier of the Hampshire Constabulary in the United Kingdom suggested a pre- and post-survey of both the community and officers, explaining that it was wonderful to have the data to demonstrate internal and external support of BWCs ("85% support among the public support as well as overwhelming positive support from officers").

Public and media requests for body-worn camera (BWC) video are governed by local, tribal and state laws. As a result, law enforcement agencies should work closely with their legal counsel on this issue. States vary tremendously in the scope of their laws governing public access to government information, including BWC video, which is generally viewed as a public record. The Police Executive Research Forum (PERF) cautions agencies to balance the legitimate interest of openness with the need to protect privacy rights. For example, releasing a video that shows the inside of a person's home will likely raise privacy concerns. Also, most local, tribal and state laws have a provision that allows an agency to decline a public records request if the video is part of an ongoing investigation. PERF also cautions agencies to use their exceptions to releasing video "judiciously to avoid any suspicion by community members that police are withholding video footage to hide officer misconduct or mistakes." (PERF, 2014: 18) Departments should also provide clear reasons for why they decline to release a video.

Department policy should also specifically prohibit officers from accessing recorded data for personal use, and from uploading data to public web sites. Departments should clearly articulate the punishments for such violations (PERF, 2014).

Bureau of Justice Assistance BWC Expert Panel participants further emphasized the value of having open forums to discuss BWC programs. Lieutenant Daniel Zehnder, Las Vegas (NV) Metropolitan Police Department, explained that they "hosted an extensive media day–set up scenarios and spent hours training local media on how the cameras work. We found this extremely important to build rudimentary knowledge." Matthew Scheider, Assistant Director for Research and Development at the Office of Community Oriented Policing Services, suggested, "the key is for officers and policymakers to engage with the public before implementation; this engagement at the community level is critical. I encourage this group to think about the future of BWC–what does the future hold and what are the pitfalls it holds? One potential future and pitfall is facial recognition with BWC, including those in the background. The notion of FOIA (Freedom of Information Act) and access of records is important, and concerns over storage will get easier but community members will want access."

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

A number of legal and policy issues might influence this decision. In some states, for example, an officer is allowed to continue to record even if a person requests that the officer turn off the camera, if the encounter occurs in a public setting; but the officer is not permitted to continue to record in an individual’s private dwelling unless permission is granted to the officer. Before creating a policy, law enforcement agencies must check with the agency and legal counsel on the applicable state, local, and tribal law on consent to record.

In general, however, officers wearing a body-worn camera (BWC) should be sensitive to the privacy and dignity of those who are being recorded, and should stop recording when requested if privacy concerns outweigh the legitimate interests of law enforcement. If an officer decides to turn off their BWC based on the person’s request, they should first record the request to discontinue recording, and then verbally state that they are turning off the camera out of consideration to that request. These statements should be captured by the BWC prior to turning off the BWC system.

Each department must fully examine its state, local, and tribal laws to determine when it is lawful to record events. Most communities, however, fall into one of two groups.

The first group is composed of those communities that require one-party consent. In these communities it is lawful to record communication when consent is obtained from one person (e.g., officer, suspect, or victim). Within these laws, there might already be exceptions that would cover body-worn cameras (BWC). Nonetheless, in these communities, it is up to law enforcement to determine whether they inform the individual of the recording. The Police Executive Research Forum (PERF) recommends that officers inform members of the public that they are being recorded "unless doing so would be unsafe, impractical, or impossible," (PERF, 2014: 40). PERF emphasizes that this does not mean that they are required to have consent to record, only that they inform the person that they are recording. The rationale for this is straightforward. If BWCs do produce benefits in terms of change in behavior (civilizing effect), those benefits can only be realized if the community member is aware of the recording.

The second group are those communities that require two-party consent. This means that it is not legal to record the interaction unless both parties consent to it being recorded. As stated above, there might also be exceptions within these laws that may cover BWC recordings. Two-party consent laws can present special problems to law enforcement agencies that are interested in implementing a BWC program because the law enforcement officers have to announce that they would like to record the interaction and obtain approval from the member of the public. As a consequence, some states such as Pennsylvania have successfully modified existing statutes to allow the law enforcement to use BWCs without two-part consent (Mateescu, Rosenblat and Boyd, 2015).

For more information, see:

• Data and Society, Police Body-Worn Cameras (Mateescu, Rosenblat and Boyd, 2015)
• Police Executive Research Forum (PERF) for the Office of Community Oriented Policing Services, Implementing a Body-Worn Camera Program: Recommendations and Lessons Learned

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

An important consideration is to have prosecutor’s office at the table when developing a policy to have consistency across agencies who will be bringing their cases to that prosecutor’s office. The evidence gathered from body-worn cameras (BWCs) should be treated similarly to all other forms of evidence within a jurisdiction and in accordance with the Constitution and state, federal, local, and tribal laws. For this reason, many county prosecutors have suggested that all law enforcement agencies in a particular county, serving the same jury pool, work collaboratively to ensure BWC policies are consistent with regard to these critical evidentiary issues. This would be the same case for city prosecutors in cities where there are multiple law enforcement agencies providing service in addition to the primary law enforcement agency (e.g., school, transit, and university law enforcement).

A second important consideration is to have the defense bar be a part of the decision making process regarding policy creation. Including the defense bar helps law enforcement agencies understand how the defense and their clients view and use the video. Communities will decide at what point in the implementation process that the defense bar should receive an orientation regarding the program. Ensuring that the representatives of the accused understand the program will eliminate potential obstacles later on in actual criminal cases.

A final consideration is whether civilian members of the community should be a part of the policy decision making process. Carlton Mayer from the NAACP summed it up best in a statement shared at the February 26-27, 2015 Bureau of Justice Assistance BWC Expert Panel: “there needs to be a transparent relationship with law enforcement. In order for that to happen there needs to be a give and take on both ends. The community needs to understand the role of law enforcement and their limitations, whereas law enforcement must understand what is ideal and what the community is experiencing.”

Sergeants and supervisors also require training. Supervisors should have the same training as line officers if they are required to wear cameras (policy, operation, video downloading, etc.). But in a supervisory capacity, supervisors use body-worn camera (BWC) video differently from line officers. As a result, they need specialized training as well. Supervisors must clearly understand departmental policy and how it governs their responsibilities and authority to review recorded data. Topics to be addressed in training include:

• Are supervisors permitted to review officer video randomly? For what purpose?
• If supervisors review video, are they required to notify the officer?
• What are the processes a supervisor should take if he or she observes problematic behavior by an officer in a video?

Supervisors should recognize that line officers’ acceptance and incorporation of the technology into their daily routine may vary, and that the speed of adoption can vary based on their comfort with technology.

Some examples of key issues in this area were shared at the February 26-27, 2015, Bureau of Justice Assistance BWC Expert Panel. Chief Sean Whent of the Oakland (CA) Police Department said their supervisors "are required to review each subordinate’s video but the policy is being revised to be more specific so officers are randomly reviewed." Lieutenant Daniel Zehnder of the Las Vegas (NV) Metropolitan Police Department explained that they are "requiring an annual recertification for supervisors which is separate from the training for line officers." Maggie Goodrich from the Los Angeles (CA) Police Department highlighted that supervisors may have specific responsibilities regarding BWCs following a critical incident, such as taking possession of cameras from the involved officers.

There is strong evidence that suggests line officers and their bargaining units should be engaged up front as a department plans its body-worn camera (BWC) program. Such engagement helps to garner support for the program and will allow line officers and bargaining unit representatives to provide input into the planning and deployment process, most notably the creation of the administrative policy.

In addition to the one-on-one contact with bargaining unit representation, many law enforcement executives have noted that they have spent a significant amount of time communicating with officers about the technology at roll call briefings and department meetings prior to launch. Other departments have created "implementation teams" with representatives from various units throughout the department (PERF, 2014). These types of teams meet regularly during the planning and implementation process, air concerns and troubleshoot challenges, and develop policy and training.

Participants in the February 26-27, 2015 Bureau of Justice Assistance BWC Expert Panel all agreed that early and ongoing collaboration between agencies and labor organizations was critical to successful BWC program implementation. Chief Sean Whent of the Oakland (CA) Police Department said that their success hinged on the "union being involved in creation of policy and they were most concerned about (the) department saying officers are lying about what is on video." Lieutenant Clarence Trapp from the Pittsburgh (PA) Bureau of Police urged that implementers make collaboration a priority, noting that "when deploying the cameras, the Pittsburgh (PA) Bureau of Police worked with the prosecuting attorney, a professor from the American Civil Liberties Union, and the union president to make this work." Chief Jeff Halstead (retired) from the Fort Worth (TX) Police Department said, "let the union board draft the first policy document and let them have a seat at the policy table and training."

The implementation of a body-worn camera (BWC) program affects nearly every unit in a law enforcement agency. At a minimum, the affected officers and units include: patrol officers, patrol supervisors (sergeants through commanders), training instructors, legal staff, detectives/investigators, internal affairs/professional standards, evidence management and records, technology, and research and planning. Additionally, in some departments, tactical units also wear BWCs. Representatives from all of these units should participate, in some way, in the planning and implementation process.

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)."