Adm-35-49 Flashcards
What does ADM 35 have to do it?
Body worn camera and Cruiser Mounted Cameras
What was the policy and why did the MSP implementing body worn camera and Cruiser mounted cameras?
- To enhance placing transparency
- Increase public trust
- Help foster police community relations through public facing recordings
What is the definition of public facing BWC/CMC recordings?
Effective tools to preserve member in civilian interactions. These recordings are also effective in capturing video and audio evidence for using criminal and internal investigations as well as member training.
What’s the definition of (RATF) record after the fact?
RATF or record after the fact is an audio and or video only recording feature that may be included in the body warn cams and the cruiser mounted camera system. Our ATF captures events that occur all the camera system is powering on even if not actively recorded by a member.
What is the policy of the body worn camera and Cruiser much cameras?
The purpose of this policy is to establish guidelines for the proper use, management, storage, and retrieval of video and audio data recorded by BWC/CMC’s
ADM-35 under purpose What’s the department policy regarding BWC’s?
To respect the privacy interest of all persons in the commonwealth while ensuring professionalism in the workplace.
What is important to know about BWC/CMC footage?
It is subject to the Massachusetts public records law 66 section 10 and unless the recordings falls within one of the exemptions noted the department will release the footage upon request and compliance with such law.
What must all members to for BWC?
All members shall successfully complete department approved training in operation of the system in this policy.
What shall not happen with BWC’s?
BWC’s shall not be Activated remotely buy a supervisor.
ADM-35 When shall members activate the BWC?
Member shall activate it in conjunction with law official law-enforcement duties:
- Regular tours of duty
- Overtime assignments
- Paid details where proper use of recordings are consistent with his policy in proper performance of duties.
When is the only time a member is not expected to turn on the BWC?
If there is a immediate threat to a Members life or safety making BWC activation impossible or dangerous. The member shall activate the BWC at the first reasonable opportunity to do so* when the situation calls for it.
How long is a buffer for when you activate the BWC?
There is a 30 second buffer where the camera records prior to the activation for video only.
When is every member required to record with BWC’s?
Every member is required to record contact with civilians, regardless of the number of BWC’s present and recording at scenes.
List some examples of when BWC’s records?
- Any vehicle. Our interactions with motorists
- All Dispatch calls for service
- Initial responses by members
- All traffic safety and sobriety checkpoints and during all fields Friday testing
- During all searches of persons incidents to arrest including inventory and K-9 searches
- Incidents of emergency response driving in pursuit driving however BWC recordings do not be used if the Cruiser Mounted Camera is recording
- When any contact becomes adversarial including use the force incidents or any other Civilian contact official duty that the member reasonably believes should be recorded.
-when a member reasonably believes a lawful/peaceful crowd, control public event with transition into unlawful activity or an incident.
-any contact that becomes adversarial, including a use of force incident
-any other civilian contact or official duty circumstance that the member reasonably believes should be recorded in order to enhance public transparency
When are BWC Members not required to wear activate BWC’s?
Anytime there in department facility or areas where general access is restricted or prohibited. However booking procedures shall be recorded.
How are CMC or Cruiser mounted cameras activated?
CMCs are video only and may be activated by member initiated recording or auto record triggers. Audio of CMC recordings Is provided by the BWC only when the BWC member is present and recording. All CMC shall be programed with auto record triggers after five seconds and will automatically activate recording.
What are examples of auto record triggers?
Any activation of emergency lighting, siren use, crash detection, gun rack opening/patrol rifle, and dog door opening.
When is the member permitted to turn off the CMC cameras?
If the member is in the facility of his or her home in which they are permitted to turn it off to avoid auto record triggers of gun rack opening in patrol rifle and dog door opening. May also turn off CMC recordings when auto record trigger vent does not coincide with the scenario requiring recording. For example emergencies lights are on for the members working in a fixed post assignment or detail.
What happens if the CMC system does not automatically activate by an auto record trigger?
When event recording is required the member shall activate the device by pressing the “record”button.
How long is the buffer for the CMC prior to recording?
The CMC has a one minute buffer which means that one minute prior to the activation of the CMC will also be recorded/Retrievable as video only, Unless the BWC is activated during the time frame to provide audio.
What happens of the member does not activate the CMC?
Members failing to record it required incident shell document the circumstances in applicable report and articulate the reasons incident was not recorded.
When shall members activate the CMC?
They shall activate the same see in conjunction with official law-enforcement duties while:
- On regular tours of duty
- Overtime assignments
- Pay details where it’s appropriate for performance of duties to be recorded
When may a member NOT activate the CMC?
If there’s immediate threat to a member’s life for safety, making the CMC activation impossible or dangerous, the member shall activate the CMC at the first reasonable opportunity to do so when such situation calls for the activation. Period
What is every member required to do?
I remember is required to record contact with civilians regardless of the number of CMC and or BWC’s present in recording during the following scenarios:
- Traffic and criminal enforcement stops
- Violations in progress
- Pursuits
- Investigative stops, interviews, observations consensual stops or reasonable suspicion stops
- Emergency response driving
- Escort or motorcade driving
- Safety cars at traffic safety or sobriety checkpoints unless directed by a supervisor to shut them off
- Prisoner transport
- Transport of individuals other than prisoners unless department member or government official
- Any other incident members deem appropriate while acting in the performance of official duties
What do we need to know about notice of recordings?
BWC/CMC members shall make every effort to inform the citizen that they are being recorded unless is an immediate threat to the members life received. Members should make every effort to notify siblings with language such as ma’am or sir I am advising you that our interaction is being recorded.
What do we need to know about consent to record?
Members are not required to obtain consent to record. If a civilian has requested that the member stop recording, members have no obligations to stop according if the recording is initiated under the circumstances identified in the PWC/CMC activation and incident abuse. Civilians request to turn it off should be recorded as well as the members response.
What do we need to know about recording within a residence?
Members recording in residence Shall not record beyond what is necessary for the survey in contact and not use a BWC as exploratory intent an effort to create inventory of items at the residence. Members are not required to obtain consent to record but must provide notice of recording. A civilians request to turn it off should be recorded as well as the members response.
What do we need to know about recording of victims or witnesses?
If a member is in range of a victim or witness was given their first account of a crime the member shall record encounter with notice to the victim or witness. However should the member determine the investigation or inquiry will be impeded by continuing to record member has a discretion to turn it off as long as necessary together the information. The membership state the reason for turning off the BWC prior to doing so.
What do we need to know about audio only recording?
Intentional obstruction of video recordings while allowing audio recordings only is strictly prohibited. Due to the possibility of violating legitimate privacy expectations, inadvertently recording protected conversations or unintentionally violating the interception of wire in oral communications under chapter 272 section 99, all Camera pre-and post event buffers shall be configured so they do not record audio.
ADM-35 What do we need to know about pause or deactivation of the BWC or CMC?
The cameras once they are activated the recording shall continue uninterrupted until unless event has pause to concluded. To the extent possible prior to pausing or deactivating a camera the membership state the reason for doing so.
What are some examples of when an event shall be considered paused or concluded?
- Victim indoor witness contact has paused for concluded
- All persons stopped have been released or left, or rested person has arrived at the barracks for booking.
- The member determines investigation or inquiry will be impeded by recording
- Camera member a positive recordings for consulting with other law enforcement members who supervisors to discuss the following:
- Training purposes
- Recording could under mine, reveal or disrupt strategy your plans of an ongoing investigation
- Could jeopardize secrecy, safety or security of victims, witnesses, confidential informants, undercover members, swarm members, or members of the public or
- For other legitimate law-enforcement related reasons.
What should be noted about pausing the BWC?
Pausing the BWC does not pause the CMC. Both systems must be paused independent of each other but it does stop the Audio feed from recording from the BWC.
When should the BWC be paused?
- the incident has concluded
- Incident or event of such duration that deactivating the BWC is necessary to conserve available recording time or
- The member is ordered to do so by a supervisor
What should all BWC members be responsible for?
At the beginning of each shift, the BWC member shall do the following:
- Ensure issued equipment has a charge battery and it’s functioning properly
- Notify supervisor when there is a malfunction or damage to BWC
- Shall only use MSP issued approved BWC technologies
- Shall wear BWC in a manner that does not abstract or intentionally defeat the purpose of the BWC policy.
While on duty which of the BWC member do?
BWC member shall activate the BWC record as outlined in sections above
- Properly tag/classify recordings for retention and
- Document the existence of a BWC recording and written narratives.
What happens of a member fails to properly activate the BWC?
Member should document the circumstances and reason for the incident or if known to the member should an incident or arrest report of interaction be made. In the event that an incident or arrest report was not created the circumstances and reason for the failure to properly activate should be logged in the daily administrative journal.
What does a member have to do for docking are uploading requirements of the BWC?
BWC best practices is as follows:
- Prior to the end of shift each member places has PWC in docking station. Docking station will charge PWC’s battery and transfer video data to the storage system
- Each member shall place PWC in a docking station **no less than one time per week ** and upload all of their video doubt it in the evidence management system unless otherwise directed by the station/unit commander
- The member shell ensure all uploaded videos are probably tagged and classified in the evidence management system for retention
- Before going on any plan leave a one week or more each membership place BWC a docking station and upload all of the video data
- If member becomes aware that the process is not occurring or there’s a malfunction the member shall immediately notify his or her first line supervisor.
What is the members responsibility for cruiser mounted cameras?
In general the CMC systems will follow the same procedures as BWC’s. Basically ensure they’re in good working order, immediately report any malfunction or damage, activate and record as directed, and upload recordings.
What are the supervisor responsibilities for the BMC/CMC?
- Ensure all members assigned to a BMC utilize it in accordance with this policy
- Upon notification of malfunction supervisors will remove the BWC/CMC from service report the malfunction to the management information section and issue a spare unit we are available and
- Access the WC/CMC recordings during the course of duties in accordance with policy internal access or review.
What do we need to know about internal access a review?
-BWC/CMC and the recording shall not be used for the purpose of harassing members of the public, sworn members, or department employees.
When do members have access to BWC footage?
Members may review the footage prior to making any statements are producing any reports. All members shall also have reasonable access to this footage MA review the footage, prior to making a statement that could reasonably be seen as resulting in a disciplinarian action.
What happens of a member refuses to make a statement after being provide reasonable access to the BWC/CMC recordings.
The department may take administrative action against member for refusal to cooperate with investigation, or make statements or reports. If members refused to make statements after hearing the recordings Trooper shall not take action against members for failing to make a statement but could be pursued for underlying the event in refusal to cooperate with an investigation.
ADM-35 When should members access or footage?
- Members and other members of the department me review BWC recordings as they relate to involvement in the incident for the purpose of completing an investigation report. To help ensure accuracy of the members are encourage to review the BWC recordings prior to preparing the reports.
- When they’re providing testimony in court I could help to refresh the memories, members shell inform prosecuting attorneys weather the member has reviewed the footage or not prior to court
- Members may view their footage providing a statement pursuant to an internal investigation including members involved shooting, and other critical investigations as outlined in BWC/CMC member access to footage. Following an officer involved shooting.
What should we know about footage for member access following an officer involved shooting?
Following an officer involved shooting or use of deadly force, members including supervises shall not view the BWC recordings prior to the force investigation response and support team “first “and or state police detective unit members viewing the recordings and uploading it to the system. This shall not apply were exigent circumstances exist such as the members being injured or where BWC recordings be reasonably provide identifying a suspect or other pertinent time sensitive information that may be valuable in addressing that exigent circumstances in a timely manner. All members involved in an officer involved shooting or other use of deadly force shall be authorized to view all BWC/CMC recordings prior to a walk-through and or statement.
How is a BWC recordings collected following an officer involved shooting or use of deadly force?
The first team personnel and or SPDU of jurisdiction shall be responsible for collecting and securing the BWC/CMC from all involved members and witnesses at the earliest opportunity. The first team personnel and SPDU shall download all involved recordings that are uploaded into the system. Consistent with Evidence and preservation protocols. The BWC it will be returned to members once the digital files have been uploaded into the system.
What do we need to know about non-BWC CMC member access to footage?
Non-BWC/CMC members were not supervisors as defined in Supervisor access to footage, who wish to access recordings do this by the following:
- Written or verbal permission of a supervisor or
- in accordance with internal access review and BWC/CMC member access to footage following an office involved shooting and only if required to to produce a report make a statement provide testimony or for training purposes. The member shall either submit a verbal or written request via To/from or email with the member supervisor. Approval of such request must be documented by Supervisor or Duty Lt in writing via To/From, DAJ entry, or email. In approvals of such request must be documented in the DAJ by the supervisor on duty Lt staying the name of the requesting Officer, they’re approving supervisor and the scope of the request for example member, date and time of footage.
If access to BWC footage of a member is requested what happens
The member is notified at the time of the request and approval.
What do we need to know about access to footage?
The Colonel, the W superintendent, and any division commander or his of her designee in the ranks of major, detective captain in captain may review body worn camera or cruiser mounted camera recordings for any reason at any time. Any non-commissioned or commissioned officer conducting a personal investigation they also review the BWC recordings pertaining to the investigation.
Nothing in this policy shall be construed to prohibit access to recordings for what purpose?
Nothing shall be construed to prohibit the department chief legal counsel, legal division, and record unit access to BWC recordings for legitimate legal purposes such as we’re not limited to:
- Public records request
- Court orders
- Litigation
- Freedom of information act requests
- Discovery requirements
What does the department in spam have to do regarding request?
The department in spam will make mutually good faith effort’s to know if I want another if either anticipates the BWC footage may be published by any media outlet.
Who makes periodic reviews of BWC in CMCs?
Opia or the office of professional integrity and accountability shall conduct periodic reviews to ensure that the BWC’s and CMCs are being used appropriately.
What do we need to know about BWC and CMC footage
This footage is a property of the department and maybe use for training purposes. Any member coordinating training may 40 a request to the division of standards and training to use BWC For sli CMC footage for training purposes. Prior to use involve member she’ll be notified of intended use the footage and given an opportunity to provide input, including any objections.
What do we need to know about external access to body worm cam or CMC recordings?
These recordings are related to ongoing investigations or in support of a prosecution shall be provided by the state police legal section to the applicable law-enforcement entity in accordance with a DM Dash 16 notifying prosecuting agencies regarding evidence.
What happens if a member receives a subpoena for BWC recordings?
The member shell direct the subpoena as soon as practicle to the state police legal section.
