ADM-35 body worn cameras

Question 1

BWC/CMC footage is subject to what records law?

Answer 1

Massachusetts public records law. The department will release the footage upon request and compliance with such law.

Question 2

What is the policy of body worn cameras in cruiser mounted cameras?

Answer 2

E-Enhance the policing transparency
I-Increase Public Trust
H-Help foster Police community relations to public facing recording.

Question 3

May the department access RATF?

Answer 3

This audio and or video recording feature that may be included with BWC and CMC that capture events, not originally classified as recorded, shall not be enabled unless agreed-upon by the parties

Question 4

Can a supervisor remotely activate a BWC?

Answer 4

No

Question 5

If there’s immediate threat to members of life, making it impossible to activate a BWC activation, when shall member activate?

Answer 5

At the first reasonable opportunity to do so when such situation calls for BWC activation.

Same applies to CMC .

Question 6

What is the buffer period for the BWC?

Answer 6

30 seconds. This means the 30 seconds prior to activation of the BWC will be recorded/retrievable as video only.

Question 7

During incident of emergency response driving and pursuit driving does the BWC need to be activated?

Answer 7

It may not be used if cruiser mounted camera is recording in this situation.

Question 8

What is an auto trigger for the CMC?

Answer 8

After 5 seconds, the CMC will automatically start recording through use of an auto trigger.

Auto triggers include activation of emergency lights, siren, crash detection, gun rack, opening, dog door opening .

Question 9

What is the buffer period for the CMC?

Answer 9

1 minute. This means the 1 minute prior to activation of the CMC will also be recorded/retrievable as video only. UNLESS the BWC is activated during that timeframe to provide audio.

Question 10

If someone is at the scene that’s already recording do I need to record as well?

Answer 10

Every member is required to record contact with civilians regardless of the number of CMC and or BWC members present.

Question 11

How do I provide notice of recording?

Answer 11

I shall make every effort to inform civilians they are being recorded at the earliest opportunity, unless there is an imminent threat to my life or safety notification impossible or dangerous.

Question 12

Is the use of a BWC/CMC an acceptable method of conducting and recording custodial interrogations in crime scene?

Answer 12

Yes

Question 13

Do I need consent to record while using BWC/CMC?

Answer 13

I have no obligation to stop recording if the recording is initiated under any of the circumstances identified in this policy. The civilians request as well as my response shall be recorded.

Question 14

Can I use my BWC with an exploratory intent inside a residence?

Answer 14

No, you shall not record beyond what is necessary for the civilian contact and not use this with an exploratory intent, such as creating an inventory of items in the residence.

Question 15

Are there any exceptions for recording a victim/witness?

Answer 15

Yes, should I determine the investigation would be impeded by continuing to record, I have the discretion to turn off the BWC/CMC only as long as necessary to gather the information required to continue the investigation. State reason before turning off.

Question 16

May I pause the recording while consulting with other law-enforcement members or supervisors?

Answer 16

Yes, & other such discussions may be:

Training purposes
Could undermine, reveal or disrupt, Msp strategy or plans ongoing investigation
Could jeopardize the secrecy, safety, or security victims witness his confidential performance, undercover members, swarm, members, or members of the public, or for other legitimate law-enforcement related reasons

PAUSING

Question 17

If I pause the BWC, does that also pause the CMC?

Answer 17

No, they are independent, and must be paused independently of each other but it does stop the audio feed from the BWC.

Question 18

Who do I notify whenever there’s a malfunction or damage to the BWC?

Answer 18

A supervisor.

Question 19

What happens if I failed to properly activate the BWC, improperly, pause, or if it malfunctions?

Answer 19

Document the reasons in your incident/arrest report if known to you.

If no incident/arrest report taken then make note of the circumstances and reasons for the failure to properly activate in the DAJ.

Question 20

What are some of the best practices to follow for BWC?

Answer 20

Prior to end of shift dock BWC to charge battery and transfer video data

Place in docking station, no less than one time per week and upload all video data into evidence management system, unless otherwise directed.

Properly tag videos

If planned leave for one week or more place in docking station and upload all video .

If any of the above is not happening, and you are aware of these malfunctions, you shall immediately notify your first line supervisor

Question 21

As a supervisor, what shall I do upon the notification of a BWC/CMC malfunction?

Answer 21

Remove the BWC/CMC from service and report damage to MIS and issue spare unit where available.

Question 22

As a supervisor what else should I do when it comes to BWC/CMC?

Answer 22

Ensure all members assigned are utilizing it in accordance with this policy

Access recordings during the course of duties in accordance with policies, internal access/review

Question 23

May I review footage prior to making any statements or producing any reports?

Answer 23

All members may review footage prior to making any statements or producing any reports.

Question 24

Will I have access to other department BWC/CMC footage prior to making any statements that could reasonably be seen as resulting in disciplinary action?

Answer 24

Yes, I shall have reasonable access to other department BWC/CMC footage and may review that footage prior to making any statements.

Question 25

What happens if I refuse to make a statement after being provided reasonable access to other department recordings?

Answer 25

Administrative action may be taken against me for refusal to cooperate with an investigation, or make any statements or reports.

Question 26

If I am DENIED reasonable access to MY OWN or OTHER department footage, and I REFUSE to make a statement, after being denied am I subject to department administrative action?

Answer 26

Department administrative action SHALL NOT be taken against me for FAILING to make a statement, BUT could still be pursued for the underlying event, and/or refusal to cooperate with an investigation.

Question 27

What are some of the instances I or other members of the department may review footage/recordings?

Answer 27

Involvement in an incident for the purposes of completing an investigation in preparing official reports to help ensure accuracy members are encouraged to review recordings prior to preparing reports.

Provide testimonium court refresh recollection member shall inform the prosecuting attorney, where the member reviewed recordings prior to a court appearance.

Providing a statement pursuant to an internal investigation, including member involves shooting investigations, and other critical incidents.

Question 28

After an Officer involved shooting or other deadly force may a member or a supervisor review recordings?

Answer 28

No, you shall not view recordings prior to the Force Investigation Response & Support Team (FIRST) and/or SPDU of jurisdiction.

Question 29

After an officer involved shooting I know I am not able to view my own recordings and that also includes my supervisors, but are there any circumstances where I may be able to still do this?

Answer 29

When exigent circumstances exist such as a member, being injured, and the BWC recordings may reasonably provide identifying, suspect information or other pertinent time sensitive information that may be valuable in, addressing the exigent circumstances in a timely manner.

Question 30

After FIRST/SPDU, who is allowed to view all recordings prior to a walk-through and/or statements?

Answer 30

All members involved in an officer, involved, shooting or other use of deadly force, and BWC/CMC members who witness a member involves shooting or other use of deadly force.

Question 31

After an officer involved shooting, who is responsible for collecting and securing the BWC/CMC from all involved members and witness members at the earliest opportunity?

Answer 31

FIRST/SPDU. They shall then upload video into the system and return the BWC/CMC‘s once all digital files have been uploaded to the system.

Question 32

Non-BWC/CMC members who are not supervisors and wish to access recordings of a member shall adhere to what process?

Answer 32

Written or verbal permission of a supervisor or;

In accordance with the internal access/review and BWC/CMC member access to footage following an Officer involved shooting, and ;

Required to produce a report, make a statement, provide testimony, or for training purposes .

Question 33

If I am a non-BWC/CMC non supervisory member, how shall I submit a verbal or written request to view footage?

Answer 33

Verbal, or written request (via To/From or email) with the BWC/CMC member’s supervisor. Approval of such request must be documented by the supervisor or Duty Lieutenant in writing via to/from, DAJ entry or email.

Verbal requests and approvals must be documented in the DAJ by the supervisor or duty, lieutenant, stating the name of the requesting officer, the approving supervisor, and the scope of the request.

Question 34

As a supervisor, may I review the recordings of the members in my immediate chain of command, and regular reviews in auditing?

Answer 34

Yes, and you do not have to notify them. Review of footage, for the purpose of evaluation shall not be done outside the current EES cycle.

Question 35

Who may view recordings for any reason?

Answer 35

The colonel, the deputy, superintendent, and any division commander, or his/her designee in the ranks of Major, detective captain, and captain.

Question 36

When can non-commissioned officer or commissioned officer view recordings?

Answer 36

When in the course of a personnel investigation, they may review recordings pertaining to that investigation.

Question 37

How do request for recordings outside of the immediate chain of command of a BWC/CMC member handled?

Answer 37

Must be submitted in writing via to/from or email to the BWC/CMC members division commander. The division commander may approve or deny said request in writing.

The BWC/CMC member shall be provided written notice of such request if approved.

Question 38

Who conducts periodically reviews of recordings?

Answer 38

OPIA

To ensure being used appropriately .

Question 39

May recordings be used for training purposes?

Answer 39

Any member coordinating training may forward a request to the division of standards and training to use footage for training purposes.

Prior to use, involved members shall be notified of intent and use of footage, and given an opportunity to provide input, including any objections.

Final authority for use resides solely with the Colonel.

Question 40

Where should subpoenas for recordings be sent to?

Answer 40

SP Legal Section

Question 41

Schedule I - Indefinite retention

Answer 41

D-M-S

Death investigation

Motor vehicle accidents resulting in death

Sexual assault/abused person

Question 42

Schedule II - 10 year retention.

Answer 42

Use of force
Felony

Question 43

Schedule III - 6 year retention

Answer 43

Misdemeanor (remember, this is also the statute of limitations for misdemeanor six years)

Question 44

Schedule IV - 3 year retention

Answer 44

Motor vehicle accidents with PI

Investigate person member responding to call

Investigate premise member responding to call

Significant event, public safety

Traffic stop

Member initiated encounter/field interview observation (FIO)

Question 45

Schedule V - 1 year retention

Answer 45

Motor motor vehicle accidents with PDO

No report dispatch/on-site

Civilian transport without arrest

Test/training

Question 46

What about recordings that do not fall into the retention schedule?

Answer 46

Shall be retained for 30 days

Question 47

Can I delete a file?

Answer 47

In the event of accidental activation of the camera system, that does not have any relevance to an event, requiring camera activation, members may requested the video file be deleted.

Email request with sufficient information to Troop/Section/commander shall review to confirm accidental recording.

Troop/Section/Unit commander shall submit the request and approved in writing (email) to the BWC/CMC system administrator, who shall delete the file, document and authorizing authority and audit log.

Question 48

Video files in the is initial training period may be deleted by?

Answer 48

Routinely approved by the distinguished Division Commander of Administrative Services Ms. Michelle K. Smalls.