7.136 Body Worn Cameras Flashcards

1
Q

Body worn cameras (BWC) are a valuable tool for promoting ____________, _____________, and _________________ by recording citizen contacts with officers. BWCs are also effective in capturing video and audio evidence for use in criminal prosecutions and internal investigations. In its utilization of BWCs, the department respects the legitimate privacy interests of citizens.

A

Professionalism, public trust, and transparency in policing

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2
Q

Who has to wear a BWC?

A
  1. Uniformed officers and sergeants regularly assigned to:
    a. The Community Policing Division (CDP)
    b. The Tourist Safety Division (TSD)
    c. SWAT
    d. The Gang Enforcement Team (GET)
    e. K9
    f. Headquarters Security Detail
  2. Plainclothes officers and sergeants assigned to the Major Violators and Narcotics Bureau (MVNB).
  3. Any employee who transfers or is promoted to another assignment based on a TPAN which requires the employee to wear a BWC.
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3
Q

Can officers use personally owned video recording devices?

A

No. They will only use their assigned BWC.

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4
Q

T/F

The BWCs will be worn on the collar, epaulette, eyewear, or head mount as instructed during BWC training. Officers will wear their BWC on the non-weapon bearing shoulder to allow for firing a long gun (shotgun or rifle). This will ensure, under most circumstances, the BWC has an optimum or unobstructed forward view. If the BWC shifts and is no longer recording an unobstructed view, officers will reposition the BWC, once aware, and it is safe to do so to maintain an optimum field of vision.

A

True

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5
Q

When will plain clothes officers who have been issued a BWC, regardless of assignment, wear their camera?

A

a. During pre-planned enforcement activities when it is practical and safe to don the BWC (e.g., person stops, arrests, search warrants). The department recognizes that the use of BWC is not for surveillance, and it is not expected to record the entirety of operations. This mandate applies to LVMPD officers assigned to federal taskforce; however, BWC activation may be restricted for specific or sensitive investigations per the Department of Justice’s (DOJ) parameters.

b. In circumstances where police action is anticipated and time permits the officer to don the BWC (e.g., responding to a crime in progress call).

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6
Q

During an officer’s shift, the BWC must remain powered on to ensure the BWC will capture a __________ window of footage prior to an officer activating the camera.

A

30-second

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7
Q

Officers must notify a supervisor when they become aware there is a malfunction or damage to the BWC, document the malfunction/damage in an email, and submit to _______________.

A

Systems Administrative Unit (SAU)

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8
Q

Officers will place the BWC into a docking station for upload and charge when?

A

At the end of shift

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9
Q

Police officers wearing a BWC may be assigned to work overtime in a jail facility. Due to the differing privacy requirements, officers __________ wear or operate their camera while working inside the jail.

A

Will not

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10
Q

Officers tasked with guarding prisoners at medical facilities will ensure they are assigned to an event with Dispatch. Once assigned they will create a short video identifying their role in guarding the prisoner, after which they may deactivate their camera unless the prisoner becomes disruptive, is unsecured for medical treatment, or the officer believes recording is prudent based on the circumstances. Upon completing this assignment, officers will return and upload their BWC at their bureau ___________________ shift. If an officer is involved in any incident that requires reporting to their immediate supervisor (e.g., reportable force, pursuit, citizen complaint), the BWC will be returned to a centralized dock location and uploaded. The officer’s chain of command will ensure the officer is paid through the time that is required to dock the camera.

A

On their next scheduled shift

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11
Q

BWCs will only be used during law enforcement operational duties. The BWC shall not be used to record:

A
  1. Follow-up investigative briefings;
  2. Large-scale special events (e.g., New Year’s Eve, mega-sports event, etc.) unless a circumstance arises that requires activation. The normal interaction with the crowd that occurs during these events does not require continuous recording;
  3. Any telephone call or personal conversation between other department employees without the recorded employee’s knowledge (see LVMPD 8.172, Covert Mechanical Recordings);
  4. Non-work-related activity where a reasonable expectation of privacy exists, such as locker rooms, dressing rooms, or restrooms;
  5. Inside a detention facility (BWC will remain activated until the officer walks into the booking area of the facility);
  6. Administrative matters, training, shift briefings, management meetings, professional development conversations, work performance counseling, disciplinary processes, or bargaining and contractual matters;
  7. Encounters with undercover officers or confidential informants.
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12
Q

Every officer assigned a BWC will activate their camera while involved in or observing police action as detailed in this policy, whether or not they have been assigned to a call. Officers will activate the BWC as soon as they are assigned a call via radio or MDT, or at the onset of self initiated activity once safe to do so. Though there are mandated circumstances in which an officer must activate their BWC, an officer may _________________ to activate their BWC in situations outside of these mandates.

A

Exercise discretion

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13
Q

Officers will record in the following circumstances and inform individuals that they are being recorded as soon as it is safe to do so:

A
  1. All calls for service involving contact with citizens or suspects;
  2. Officer-initiated activities (e.g., vehicle and person stops);
  3. Any citizen contact that becomes adversarial;
  4. Witness, victim, and suspect interviews including Miranda Warning and post Miranda contact;
  5. Detentions or investigations pursuant to an arrest;
  6. Searches of persons, structures, or vehicles;
  7. While transporting prisoners;
  8. After the occurrence of an officer-involved traffic accident;
  9. When third party sourced video is shown to officers and officers believe that the video may be deleted or lost as evidence, officers are encouraged to record that video (e.g., business owned video or domestic violence investigations); however, consent must be granted;
  10. When driving Code 3;
    a. SWAT officers will activate their camera once arrived.
  11. Any involvement that meets the criteria of a pursuit in policy, or any attempts to contain or locate a subject who has fled from officers whether on foot or in a vehicle (including primary, secondary, or any additional officer who is responding to, or participating in, the pursuit. This also includes “bubbling” or “paralleling” tactics). See LVMPD 3.210, Vehicular Pursuit and LVMPD 3.220, Foot Pursuits);
  12. When field testing narcotics, counting money, documenting high value property, or returning property back to the owner;
  13. K9, Traffic, and resident officers responding to calls for service will activate their BWC when they are within two miles of arrival (or at all times when driving Code 3).
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14
Q

To ensure the details of an evolving incident have been captured on BWC, officers will continue recording until:

A
  1. They have cleared from the scene and are no longer assigned to the event; and
  2. They have discontinued contact with (and are no longer in proximity to) the subject(s).
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15
Q

Officers will deactivate their BWC on static crime scenes when directed by a supervisor or investigative personnel. All other officers assigned to other responsibilities related to the event will have their BWC activated until advised by a supervisor. Officers will not record ___________________, ____________________, or _____________________.

A

Briefings with investigative units, any discussions about charges against a subject, or activities at command posts

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16
Q

The decision and reason to deactivate a BWC will be __________________ deactivation. The following are examples of when an officer may exercise discretion:
1. A citizen with standing has requested the officer stop recording within the citizen’s premises, and the officer has entered the premises on consent. As a rule, if an officer must legally ask permission to enter the premises, a citizen may put conditions on the officer’s entry, such as deactivation of the BWC.
2. The officer is participating in informal, non-enforcement related contact with the public when no event number is generated (e.g., First Tuesday, Coffee with a Cop, etc.).

A

Stated prior to

17
Q

BWC footage should be reviewed to accurately document the details of an incident; however, officers will not rely solely on the BWC recordings to document evidence in an investigation. Officers will not substitute “refer to video” or other similar language in place of a detailed report. Officers should represent statements in their reports as a __________________ in the BWC recording and not use exact quotes.

A

Summary of what is contained

18
Q

At the direction of an ___________________, BWCs will be utilized to document police actions, the scenes of major crowd-control events, mass demonstrations, or riots.

A

Incident commander

19
Q

Officers will document the existence of a BWC recording in ___________, ______________, ___________, and _______________ by writing “BWC recording available” on the first line of narratives and by updating comments in CAD.

A

Field interviews, investigative reports, citations, and arrest documents

20
Q

Uploading exceptions (to a maximum of 96 hours) are authorized for _______________ (e.g., SWAT) who are on call and have demonstrated a unique need. All other units must dock their camera for upload by the end of shift.

A

Specalized units

21
Q

For special events, officers will return and upload their BWC at their bureau ______________________. If an officer is involved in any incident that requires reporting to their immediate supervisor (e.g., reportable force, pursuit, citizen complaint, significant or notable arrest), the BWC will be returned to a centralized dock location and uploaded. Events Planning Section will ensure the officer is paid through the time that is required to dock the camera.

A

On their next scheduled shift

22
Q

BWC - Who’s responsibility is:

  1. Ensure officers utilize the BWC in accordance with this policy.
  2. Ensure officers wear their BWC in a manner to capture the optimum view of their surroundings.
  3. When advised of a BWC malfunction:
    a. Direct the officer to remove the camera from service and place it on the dock for upload.
    b. Issue a new BWC kit (camera, wire, and battery/controller) from the station spares in accordance with check out procedures.
    c. Assign the new BWC to the officer in Evidence.com.
    d. Notify the Systems Administration Unit regarding malfunctions to discuss the remedy.
  4. Retrieve an officer’s BWC and upload it by the end of the shift if that officer is unable to do so.
A

Supervisor

23
Q

Officers may review BWC to:

A
  1. Assist in completing an investigation and preparing official reports
  2. Refresh their recollection prior to court
  3. Provide a statement pursuant to an internal investigation, including use of force, OIS investigations, and other deadly force incidents
24
Q

Can officers allow citizens to review BWC footage in the field?

A

No.

Officers will not allow citizens to review BWC recordings in the field. Citizens requesting to view BWC recordings will be advised to refer to the procedure posted on LVMPD’s webpage at lvmpd.com > Online Services > Public Records Request.

25
Q

Supervisors will only access the BWC video for _________________________. In each case, the supervisor, or person accessing the video, will document in the notes section of the specific video reviewed and the reason of the inspection.

A

Investigative purposes outlined in policy (e.g., complaints, uses of force, vehicle pursuits, etc.) or an allegation of misconduct

26
Q

When advised of a complaint where incident may be recorded on BWC what must the supervisor do?

A
  1. Handle receipts of complaints in accordance with LVMPD 8.330, Maintenance of Values and Ethics.
  2. Interview the complainant before reviewing any available BWC video, when possible.
  3. Access the video on scene through a mobile device or any MDT. A supervisor will not review the recording in the presence of the complainant.
  4. Record the interview with the complainant on BWC. Supervisors not wearing a BWC should consider having another field supervisor record.
  5. Supervisors will not record the subject or witness officer during the investigation.
  6. If the allegation appears to be valid, document this in the narrative of the SOC that BWC video is available, was reviewed, and is a justification for the SOC.
  7. If the allegation is not a violation of policy or law, document this in Blue Team by a Citizen Contact Report that BWC video is available and was reviewed.
  8. If a supervisor has probable cause, based on BWC video, to believe a reporting citizen is in violation of NRS 207.280, False Reporting of Crimes Unlawful, notify the Criminal Investigations Section, Internal Affairs Bureau (IAB) on-call supervisor for further direction.
27
Q

When a supervisor is investigating a complaint where the incident may have been captured on BWC, do they review the BWC footage or interview the complainant first?

A

Interview the complainant before reviewing any BWC footage, when possible.

28
Q

When investigating a complaint where the incident may have been captured on BWC, do supervisors record interviews with subject or witness officers?

A

No. Supervisors will not record interviews with subject or witness officers during the investigation.

29
Q

When investigating a complaint where the incident may have been captured on BWC, if the supervisor has PC based on the video to believe a reporting citizen is in violation of NRS 207.280 False Reporting of Crimes Unlawful, who do they notify for further direction?

A

Criminal investigation section, IAB on-call supervisor

30
Q

BWC - When investigating the application of reportable force (except use of deadly force; see LVMPD 3.110, Use of Force, “Post Use of Force Investigations”):

A
  1. Access the video on scene in the presence of the involved officer(s). Officers will only review their own video evidence.
  2. Record the interview of the subject citizen on BWC.
  3. Do not record the subject officer during the investigation.
  4. Review the video with each involved officer as soon as practical prior to the Use of Force report being completed.
  5. Ensure the review of the BWC video is documented in the narrative of the investigative comments and verify that the video is labeled and categorized in accordance with this policy.
  6. Review the positioning and view of the officer’s camera and ensure compliance with policy.
  7. In circumstances when force is used by a specialized unit not wearing BWC and the incident is captured by other department members equipped with BWC, the supervisor of the specialized unit is responsible for viewing relevant video and ensuring the recording is properly labeled and retained.
31
Q

BWC - When investigating officer involved shootings or deadly force:

A
  1. Involved personnel and/or any supervisor or representative will not view the BWC recording prior to Force Investigative Team (FIT) or Critical Incident Review Team (CIRT) viewing the footage, except when exigent circumstances exist.
  2. Involved officers or witness officers will be allowed to view their own BWC recording prior to a scene walkthrough and subsequent FIT/CIRT statement.
  3. The supervisor taking the involved officer’s Public Safety Statement will also ensure that BWCs are not used to record any part of the officer’s Public Safety Statement.
  4. FIT personnel will be responsible for collecting and securing the BWC from all involved and witness officers upon arrival at the scene. FIT or CIRT is responsible for upload of video into Evidence.com.
32
Q

IAB personnel will not access and search BWC recordings unless related to an internal investigation. IAB personnel _____ allow citizens, arrestees, or violators to view BWC recordings as part of an investigation into an allegation of misconduct.

A

May

33
Q

Detectives and support personnel are authorized to review BWC recordings only during _________________. Investigative units will ensure BWC recordings have the appropriate retention categories, updated event numbers, and labels when tied to a criminal case.

A

Official criminal investigations

34
Q

In instances where a BWC recording contains material that is beneficial for training purposes, the requesting unit will complete the Internal Video Request form (LVMPD 1027). The release of such video will be authorized by the _____________________.

A

Office of General Counsel

35
Q

BWC - Data and Storage Security

  1. All images, video, and/or audio generated by any BWC are the sole property of LVMPD. Department members will not download, disseminate outside the agency, copy, or record BWC recordings from Evidence.com onto any computer, device, drive, CD/DVD, or any other format without the express written consent from the Office of General Counsel.
  2. Employees will not dismantle or tamper with any hardware/software component or part of the BWC or controller. Employees will not attempt to erase or alter BWC recording files.
  3. Evidence.com shall only be accessed from LVMPD authorized computers.
  4. Employees shall not publish or display BWC recordings to the internet or social media sites, unless specifically directed by a ________________ during an investigation for the purposes of information gathering from the public, in accordance with LVMPD 10.300, Department-Issued Cellphones.
A

Bureau commander

36
Q

The BWC Activation Performance Rate (APR) Summary Report is a tool to verify compliance with this policy. The department also utilizes additional reporting measures to assist supervisors in addressing monthly deficiencies in compliance rates. The bureau commander will ensure the BWC APR Summary Report is reviewed by __________________ and that the appropriate corrective action is taken.

A

First and second line supervisors

37
Q

LVMPD has established a minimum activation compliance rate. A percent of assigned time recorded compliance rate threshold will be established each month based on the top 90% rates of users listed on the BWC APR report for each month. When an officer falls below this rate, a mandatory compliance audit will be triggered, and the officer’s chain must complete a compliance audit of the officer’s BWC usage. Supervisors will complete the __________ by reviewing compliance reports, videos, and CAD reports for the period where a matching video was not auto or manually labeled. The supervisor will document video discrepancies and whether the user complied with or violated policy. Supervisors will address performance issues in adhering to the established minimum compliance rate.

A

Compliance audit

38
Q

BWC Mandatory Compliance Audit:

When an officer falls below a specified compliance percentage, the sergeant will follow the procedure below. For each event reviewed during the audit process, if justification is found for the compliance issue, the audit will cease for that event:

A
  1. Review officer’s Detailed APR Report for any unmatched videos.
  2. Review CAD for officer dispatched and officer cleared times that align with any identified unmatched videos.
  3. Review Evidence.com for video evidence without an ID# within the specified CAD timeframes.
  4. Review upload times for any uploads that occurred 36 hours after recorded times.
  5. Correct any unmatched evidence in Evidence.com by updating ID# with corresponding CAD event.
  6. View all unmatched evidence that corresponds with the officer’s CAD times.
  7. If clear BWC compliance policy violations are discovered during the audit, document the issue in a Contact Report. If the problem continues after being documented in a Contact Report, consider opening a Statement of Complaint.
39
Q

BWC - Who’s responsibility is it to:

  1. Maintain and organize BWC available equipment and returned equipment inventories for the Tourist Safety and Community Policing Divisions.
  2. Maintain a record of equipment issues and returns throughout the department.
  3. Manage all department-wide deployments of new and replacement equipment.
  4. Conduct department-wide support for BWC equipment and Evidence.com.
  5. Maintain and correct upload errors and unassigned camera errors in Evidence.com.
  6. Assist with APR audits, as needed.
A

Systems Admin Unit