[Added 2-10-2022 by Res. No. 2022-003; amended 10-13-2022 by Res. No.
2022-023]
A.
The purpose of this general order is to establish guidelines and
procedures for the use of body worn cameras (BWC) as an effective
tool to help audio/visually document events as they actually occur.
B.
Recent changes to Pennsylvania Law allow uniformed law enforcement
officers or clearly identifiable law enforcement officers on official
duty such usage. Future changes in law and procedure may give rise
to modifications of this policy. Violations of this policy subject
the officer to the department disciplinary policy.
A.
When permissible under Pennsylvania Law, officers shall activate
the BWC to record contacts with citizens in the performance of their
official duties, pursuant to this policy.
B.
Officers and citizen safety shall be the primary consideration when
interacting with citizens and/or suspects. There may be instances
in which officers are unable to activate their BWC due to circumstances
making it unsafe, impossible, or impractical to do so. In these exigent
circumstances, officers shall begin recording with their BWC at the
first reasonable opportunity to do so and document the reason for
the delayed start in the incident report and/or as part of the recording.
C.
The department recognizes that video images cannot always show the
full story nor do video images capture an entire scene. The department
also recognizes that the BWC video does not mirror the perspective
of the officer at the time of an incident, nor does the video include
other factors known to or perceived by the officer that could impact
the officer's judgement and decision-making, such as events beyond
the scope of the camera, the officer's "reactionary gap" or the
difference between human vision and the camera's video recording
abilities. Therefore the use of body worn cameras does not reduce
the requirement to provide thorough written documentation of an incident.
The following words and phrases when used in this article shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
Member of the department who will be identified at the administrator
level, with full access to user rights.
A camera system worn on the person of a uniformed law enforcement
officer, or clearly identifiable law enforcement officer on official
duty, capable of recording events both audio and visually that is
approved for use by the Pennsylvania State Police and published in
the Pennsylvania Bulletin.
Officer designated by the Chief of Police to manage the BWC
equipment and system, including the video storage system.
Officers of the department who are specifically trained in
the maintenance and care of the BWC equipment, and who are trained
to maintain and administer the storage of the recordings.
Any of the following:
BWC files, including photographs, audio recordings and video
footage, captured by a BWC and stored digitally.
Officers of the department who have been issued or assigned
a BWC.
A computer server with built-in, networked or wirelessly
connected docking stations physically installed within the department
or a department vehicle that simultaneously recharges the BWC equipment
while digitally encrypting and uploading all data captured to the
server.
An audio recording or video which contains any of the following:
Complaints or depictions of criminal conduct, including all
actions or statements made before or after the criminal conduct that
are part of or relate to the same incident or occurrence.
Upon disclosure, information that would:
Reveal the institution, progress or result of a criminal investigation;
Deprive an individual of the right to a fair trial or an impartial
adjudication;
Impair the ability of the Attorney General, a district attorney
or a law enforcement officer to locate a defendant or codefendant;
Hinder the ability of the Attorney General, a district attorney
or a law enforcement officer to secure an arrest, prosecution or conviction;
or
Endanger the life or physical safety of an individual.
The office of the Attorney General, Pennsylvania State Police,
District Attorney's Office or an agency that employs a law enforcement
officer.
An officer of the United States, the commonwealth or a political
subdivision thereof, another state or political subdivision thereof
or who is empowered by law to conduct investigations of or to make
arrests for offenses enumerated in the Pennsylvania Consolidated Statutes
or an equivalent crime in another jurisdiction, a sheriff or deputy
sheriff and any attorney authorized by the law to prosecute or participate
in the prosecution of the offense.
Any oral communication uttered by a person possessing an
expectation that such communication is not subject to interception
under circumstances justifying such expectation. The term does not
include the following:
An electronic communication.
A communication made in the presence of a law enforcement officer
on official duty who is in uniform or otherwise clearly identifiable
as a law enforcement officer and who is using an electronic, mechanical
or other device which has been approved under section 5706(b)(4) (relating
to exceptions to prohibitions in possession, sale, distribution, manufacture
or advertisement of electronic, mechanical or other devices) to intercept
the communication in the course of law enforcement duties.
Patterson Township Police Department.
Digital media storage that can be accessed by end users and
administrators. The virtual evidence warehouse stores digitally encrypted
data in a highly secure environment that is only accessible to approved
personnel based upon their security clearance.
An individual who was subjected to an act that was committed
by another individual, including a juvenile.
Information that would disclose the identity or jeopardize
the safety of a victim.
A.
Officer responsibilities.
(1)
Officers must successfully complete department BWC training.
(2)
Officers shall only use BWC equipment in the performance of
their official duties.
(3)
Officers shall only use department issued BWC equipment.
(4)
During BWC use, officers shall ensure that they are on official
duty, in uniform or clearly identifiable as a law enforcement officer.
This requirement is satisfied if the officer is in uniform and operating
a properly equipped police vehicle, or is otherwise clearly identifiable
as a law enforcement officer.
(5)
Officers shall wear body worn cameras in a manner consistent
with department training.
(6)
The BWC shall be worn for the entire shift and maintained in
a constant state of operational readiness.
(7)
When the BWC has been activated to record an incident, it shall
not be deactivated until the incident has been completed, unless otherwise
authorized per policy.
(8)
Although notice is not required by law, under certain circumstances
it may prove beneficial to provide notice of the recording, using
a phrase such as, "our actions and words are being recorded," or "our
interaction is being recorded on my body camera." Such notice may
assist an officer to deescalate confrontational situations.
(9)
When safe and practical to do so, officers may narrate the video
recording contemporaneously (i.e. at the same time) with a recorded
incident, to assist with accurate documentation of events.
(10)
Officers will note in the incident, arrest, and any related
reports if BWC recordings were made during the incident in question.
B.
Supervisor responsibilities.
(1)
Supervisors shall ensure officers use the body worn camera equipment.
(2)
Supervisors shall review the following recordings:
(3)
Supervisors may review audio/video related to a specific incident
or call for service in response to an allegation of a rule or policy
violation. Inadvertent discovery of other allegations during this
specific review shall require the supervisor to articulate the purpose
for expanding the scope of view. In the event of an anonymous complaint,
audio/video of a specific incident or call for service may be reviewed
by supervisors but only after the affect officer is notified and given
the opportunity to be present for the review and only if the anonymous
complaint identifies a specific day or date.
(4)
In situations where there is a need to review BWC recordings
not covered by this policy, the Chief of Police or his/her designee
must approve the request, and the collective bargaining unit of the
affected officer and the officer will be notified of the review. Each
situation will be evaluated on a case by case basis. The review result
in counseling and training only, unless in the case of repeated violation
or serious misconduct, disciplinary action is justified.
(5)
All reviews will be automatically documented in the audit log
associated with each BWC recording.
(6)
If a supervisor observes a serious violation during a review
of audio/video, they will document the violation observed, preserve
the recording by assigning the appropriate category, and forward notification
to the Chief of Police or his/her designee.
(7)
Supervisors may utilize the information from the recordings
during the completion of performance evaluations.
(8)
Supervisors and field training officers may review BWC recordings
involving probationary police officers for the sole purpose of evaluating
the performance of the officer during their probationary period. Supervisors
shall take appropriate administrative action if an officer is found
to have failed to properly use or care for the body worn camera equipment.
(9)
In a critical incident, such as an office-involved shooting,
in-custody death or other officer involved incident that results in
serious injury or death, a supervisor or their designee shall immediately
take custody of involved BWC(s) and, in such case, will only review
or download audio/video at the direction of the Chief of Police.
(10)
In any situation involving the necessity to review audio/video
relating to an incident involving the Chief of Police or any complaints,
anonymous or otherwise, involving the Chief of Police, the Assistant
Chief and Police Commissioner shall be responsible for approving and
reviewing the audio/video and shall have the same authority as.
C.
Care and maintenance.
(1)
BWC-equipped officers:
(a)
Are responsible for the proper use and care of their assigned
BWC at all times and are reminded that BWC recordings do not replace
written reports.
(2)
Prior to deployment, officers shall:
(a)
Inspect and test their BWCs to ensure that they are operational
and functioning properly. If a BWC is damaged or inoperable, officers
shall immediately notify a supervisor who will immediately test the
camera and if inoperable, place the camera out of service and notify
the Chief of Police or his/her designee.
(b)
Make every effort to ensure that they begin their shift with
a fully charged BWC that does not contain data from a prior shift.
(3)
Lost or damaged BWC:
(a)
Officers who discover at any time during their shift that their
BWC is lost, shall immediately notify a supervisor.
(b)
Officers who discover at any time during their shift that their
BWC is damaged, malfunctioning, or that it contains data from a previous
shift shall immediately notify a supervisor who will immediately test
the camera, and if inoperable, place the camera out of service and
notify the Chief of Police or his/her designee.
D.
Use of body worn cameras.
(1)
Officers, including primary, secondary and assisting officers,
shall begin BWC recordings in the following circumstances unless doing
so would be unsafe, impossible or impracticable:
(a)
At the initiation of a dispatched or self-initiated call for
service or other activity that is investigative or enforcement in
nature, or an encounter between the officer and a member of the public
that is investigative or enforcement in nature. Examples of these
types of encounters include, but are not limited to:
[1]
All enforcement/investigation related citizen contacts (e.g.
domestics, assaults, disturbances);
[2]
All stops (e.g. traffic and pedestrian);
[3]
Vehicle and foot pursuits;
[4]
All traffic crash scenes;
[5]
DUI investigations, including field sobriety testing;
[6]
High-risk encounters(e.g. barricade situations, active shooter);
[7]
Mental health encounters;
[8]
Suspicious activities;
[9]
Use of force situations;
[10]
Investigative detentions or arrests;
[11]
Encounters that require the advising of Miranda
rights;
[12]
All transports of prisoners or citizens;
[13]
Any contact that becomes confrontational or adversarial
after the initial contact, in a situation that would not otherwise
require recording;
[14]
Any of the following searches of a person or property:
[15]
Any incident when the officer deems it appropriate
to activate the BWC in accordance with this policy or upon directions
from a supervisor.
(2)
If officers are unable to begin recording with the BWC due to
circumstances making it unsafe, impossible or impractical to do so,
officers should begin recording with the BWC at the first reasonable
opportunity to do so. Officers should document, in their incident
report, the circumstances preventing them from activating the BWC
and provide that documentation to their immediate supervisor.
(3)
Officers who are on the scene of an incident and are not the
primary reporting officer shall inform the reporting officer of their
BWC recording so that the primary officer may include this information
in his/her report.
(4)
BWCs may also be used to record initial interviews of victims,
complainants and witnesses.
(5)
Once activated in accordance with this policy, officers shall
not deactivate their BWC until:
(a)
They have cleared the assignment or, in the case of arrest,
have transferred custody of the arrestee to another member;
(b)
Their involvement in the citizen contact or detention has concluded;
(c)
They receive an order from a supervisor (in these cases, officers
shall document the order via a BWC recording prior to deactivation);
(d)
The incident requiring activation has concluded, and the officer
has returned to service.
(6)
Muting a BWC recording:
(a)
Officers may mute (temporarily turn off the audio) a BWC recording
during conversations that involve police and/or case tactics or strategy.
(b)
The BWC audio shall be reactivated immediately if the circumstances
change or any police action is to be taken.
(c)
Any muting of the BWC audio shall be documented in the narrative
section of any related report and shall be reported to a supervisor.
When practical, a verbal statement shall be recorded on the BWC as
to why the BWC audio was muted.
(7)
Exceptions:
(a)
In situations when community members, witnesses, victims or
other individuals wish to make a statement or share information, but
refuse to do so while being recorded, or request that the camera be
turned off, officers will have the discretion to turn off their BWC
in order to obtain the statement or information. In such situation,
the officer shall record a brief verbal explanation for the deactivation
prior to turning off the recording. If the encounter begins when the
BWC is not actively recording, the officer should, but is not required
to, temporarily activate the BWC for the sole purpose of documenting
the person's refusal to be recorded.
(b)
The BWC shall be deactivated and the same notification of cessation shall be noted as in Subsection D(7)(a):
[1]
During safety planning for domestic violence or sexual assault
victims;
[2]
During conversations with confidential informants and undercover
officers;
[3]
During officer-to-officer conversations;
[4]
During department administrative investigations;
[5]
During roll calls, briefings or information sharing sessions
to discuss tactics and strategy;
[6]
In lieu of the aforementioned exceptions, in any setting, if
confronting a violent or assaultive individual, or in an anticipated
use of force instance, officers shall, when reasonably able to do
so, activate their BWC to record the encounter.
(8)
Any delay or failure to activate their BWC required by this
policy, as well as any interruption of a BWC recording required by
this policy, shall be documented in the narrative section of any related
report and shall be reported to a supervisor.
E.
Storage.
(1)
BWC recordings shall only be stored on a department-approved
server or on a department-approved storage device.
(2)
Officers shall ensure all BWC data is uploaded at the end of
their shift, and when necessary, during their shift, to ensure storage
capacity is not exceeded.
(3)
Officers shall charge the camera in an approved BWC charging
device.
(4)
Officers will ensure BWC devices are securely stored in authorized
locations when devices are not in use.
(5)
Officers shall not:
(a)
Remove, dismantle, or tamper with any hardware or software component
or part associated with BWCs.
(b)
Erase, destroy, disseminate, edit, alter, or otherwise use BWC
recordings without the permission of the Chief of Police or his/her
designee.
(c)
Copy, convert, record, or disclose the contents of a BWC recording
including posting to any public and/or social media site without approval
of the Chief of Police or his/her designee. BWC recordings shall only
be shared for official law enforcement purposes.
(d)
Allow unauthorized personnel to view the BWC recordings without
permission from a supervisor. Governmental employees who are directly
involved in the investigation and/or prosecution of a criminal case
related to the digital evidence, or who are previously authorized
to interact with department evidence, are exempt from this restriction.
(e)
Download or convert any BWC recording for personal use.
(f)
Use department issued BWCs while off-duty.
(g)
Record images or conversations of officers without their knowledge
during routine, nonenforcement related activities such as locker rooms,
restrooms, or any other place where there would be reasonable expectation
of privacy.
(h)
Record gratuitously violent or obscene images, unless necessary
for evidentiary documentation or required by this policy.
(i)
Record a particular person based solely on the person's
race, color, religion, national origin, sex, age, marital status,
personal appearance, sexual orientation, gender identity or expression,
physical disability status, or political affiliation.
(j)
Record strip searches.
(k)
Use any other electronic device or other means in order to intentionally
interfere with the capability of the BWC.
(l)
End a recording based solely on a citizen's request/demand.
(m)
View recordings for other than official law enforcement purposes.
(6)
Facial recognition software or programs. No facial recognition
software or program is currently approved for use in conjunction with
the departments BWC. If facial recognition software or programs are
developed which can interface with BWCs, their use will be utilized
in accordance with applicable law and only after this policy is amended
to establish policies and procedures.
F.
Audit reviews.
(1)
The Chief of Police and the Police Commissioner shall be the
designated Audit Committee and shall:
(a)
Periodically review the procedure to ensure compliance.
(b)
Evaluate that officers are receiving adequate training and that
cameras and data are being maintained properly.
(c)
Review BWC log.
(d)
Perform an audit annually at a minimum.
(e)
All review of BWC footage during the audit process shall be
documented via the Department BWC log.
(2)
Any officer may request to view the BWC log at any time by submitting
a written request to the Chief of Police.
G.
Record after the fact.
(1)
If the BWC is equipped with a recording function that captures
events that occur while the unit is inactive, this feature may only
be accessed with the approval of the Chief of Police and primarily
for the following critical incidents;
(2)
The involved officer and collective bargaining unit shall be
notified any time record after the fact media is reviewed and/or downloaded.
H.
GPS data.
(1)
If the BWC is equipped with a GPS tracking capability, this
feature may only be accessed with the approval of the Chief of Police
and primarily for the following critical incidents:
(2)
The involved officer and collective bargaining unit shall be
notified any time GPS tracking media is reviewed and/or downloaded.
A.
Officers may review BWC recordings prior to documenting an incident,
arrest, search, interview, or other enforcement or investigative activity
to ensure that their reports, statements, and documentation are accurate
and complete. Officers may also review BWC recordings for court preparation,
review of prosecution evidence, review of crime scenes, training and
policy compliance.
B.
If an officer is involved in an officer-involved shooting, in-custody
death or other officer-involved incident that results in serious injury
or death, the department reserves the right to limit or restrict an
officer from immediately viewing the BWC recording. Prior to an interview
with an external investigator, BWC recordings of the incident will
be made available to the involved officer(s).
C.
PTPD shall maintain an access log of all access and review of recordings.
This log shall include the identity of the person(s) reviewing the
recording, the date and time, the length of time and whether the recording
was copied or edited in any manner.
A.
BWC Program Manager shall be responsible for the oversight of the
equipment and systems associated with the body worn camera program.
B.
BWC Program Manager shall ensure that all officers are properly trained
on the policy and use of the body worn cameras, as well as the associated
video storage system.
C.
BWC Program Manager shall maintain warranties and service contracts
with the vendor, as well as coordinate any necessary equipment repairs.
D.
BWC Program Manager shall coordinate with the Municipal Information
Technology Department to ensure system and equipment functionality,
including necessary firmware and software updates.
E.
BWC Program Manager shall ensure compliance with the equipment and
secure onsite and offsite storage of audio and video recording standards
annually established by the Pennsylvania State Police and published
in the Pennsylvania Bulletin.
A.
BWC Technicians shall be responsible for the retention, duplication
and purging of BWC recordings.
B.
BWC Technicians shall ensure recordings of incidents are maintained
in accordance with this policy and department evidence retention procedures.
C.
BWC Technicians shall ensure that the recordings are identified and
retained in accordance with this policy. Electronically retained recordings
shall be retained until the case is adjudicated or there is a court
order, unless otherwise indicated.
A.
The recordings produced on the BWC equipment are property of the
department, and will be subject to applicable law and department policies
regarding the viewing, release, retention and destruction of such
recordings.
B.
Mandatory retention: The following types of incidents recorded on
BWC equipment shall be retained and processed as evidence:
(1)
Incidents which may result or have resulted in the filing of
criminal charges.
(2)
Incidents which are likely to become the subject of civil litigation
against the department or its personnel, including but not limited
to, patrol vehicle crashes, pursuits, critical incidents, incidents
involving the use of force, and incidents involving verbal complaints
against the department or its personnel.
(3)
Incident involving injuries to officers or injuries incurred
or alleged to have been incurred as the result of police actions.
(4)
Recordings which have been properly requested pursuant to Act
22 of 2017 shall be retained.
(5)
Recording shall be retained for no less than 100 days to accommodate
any delays in processing a request.
(6)
If a request is denied additional retention time may be necessary
for appeal purposes.
C.
Other requests for retention:
(1)
Any member who believes that the retention of a recording not
specifically required by this regulation is advisable (e.g. for use
in a summary proceeding involving a traffic violation or training),
shall categorize the recording as appropriate. Officers are advised,
per this regulation, that all recordings collected by the BWC equipment
which are not regulated by a regular retention schedule will be purged
no later than 100 days from the date of the recording.
A.
BWC recordings that are determined to be evidentiary must be categorized
appropriately in video storage system, to ensure proper retention
periods are applied.
B.
The use of the BWC shall be recorded in the appropriate section of
the department reports.
C.
Officers may use media captured via the BWC to assist with investigations
and the completion of required reports. Officers may also use the
media captured by the BWC to assist investigators and supervisors
in evaluating on-going situations.
D.
Using the capabilities of the storage server, officers may add markers
and/or create clips in order to assist investigators and/or prosecutors.
E.
Officers may use media captured on the BWC for training purposes,
with proper authorization from the Chief of Police or his/her designee.
Additionally, field training officers may use media captured via the
BWC to provide immediate training to recruits and to assist with recruit
reviews.
A.
Dissemination of audio and video recordings shall be in accordance
with Pennsylvania Law.
B.
Regarding requests for law enforcement audio recordings or video
recordings the following shall apply:
(1)
An individual who requests an audio recording or video recording
made by a law enforcement agency shall, within 60 days of the date
when the audio recording or video recording was made, serve a written
request to the individual who is designated as the open-records officer
for the law enforcement agency under section 502 of the act of February
14, 2008 (P.L. 6, No.3), known as the Right-to-Know Law. Service is
effective upon receipt of the written request by the open-records
officer from personal delivery or certified mail with proof of service.
(2)
The request under Subsection B(1) shall specify with particularity to the incident or event that is the subject of the audio or video recording, including the date, time and location of the incident or event.
(3)
The request shall include a statement describing the requester's
relationship to the incident or event that is the subject of the audio
or video recording.
(4)
If the incident or event that is the subject of the audio recording
or video recording occurred inside a residence, the request shall
identify each individual who was present at the time of the audio/video
recording unless not known and not reasonably ascertainable.
(5)
PTPD shall respond to the request within 30 days unless an extension
is agreed to by the requester and the PTPD.
(6)
Either the PTPD or the designated attorney from the District
Attorney's Office or the Attorney General's Office if a
memorandum of understanding has been entered into with either department
will review the request for disclosure of the video or audio recording.
(7)
A request for disclosure of an audio or video recording may
be denied, in writing, if it is determined the recording contains:
(8)
PTPD may establish reasonable fees relating to the costs incurred
to disclose audio or video recordings. The fees shall be paid by the
requesting party at the time of disclosure of the requested recording.
C.
In criminal cases, notice shall be provided to the prosecuting attorney
of any request for BWC recordings prior to dissemination.
A.
Prior to using a BWC, officers must complete an initial PTPD approved
and/or provided training program to ensure proper use, operations
and compliance with agency policy and state law. Initial training
will include the following:
B.
Additional training/review will be conducted annually to ensure the
continued effective use and operation of the equipment, proper calibration
and performance, and to incorporate changes, updates, or other revisions
in policy and equipment.
Failure to follow this policy may result in disciplinary action.
