67278144.pdf

\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER ACCREDITATION TITLE CALEA 17.5.2 and 41.3.8 (a-g) Body Worn Camera Video Systems (BWC) PRIOR REVISIONS: 05/23/2017, 07/03/2019, 09/29/21 PROPONENT UNIT ATTACHMENT: None Patrol Operations NUMBER ISSUE DATE REVISION DATE TOTAL PAGES 40.14 05/23/17 09/30/2024 12 I. PURPOSE: This General Order establishes guidelines and procedures for the use of Body Worn Camera (BWC) systems and the handling, release, retention and storage of related digital files. The primary use of the BWC is to enhance officer safety and the safety of the public, and promote accountability and transparency. Footage captured by BWC’s is only a small percentage of encounters between law enforcement officers and citizens, and the Department is committed to fostering its positive relationships with the community. [CALEA 41.3.8.a] II. DISCUSSION: The BWC is a valuable tool for documenting criminal activity, identifying training needs, addressing complaints, recording interaction between members and the public, preparation of offense/incident reports, and preparation for court testimony. BWC’s assist members in the performance of their duties by, providing recorded, unbiased accounts of an incident. III. POLICY: It shall be the policy of the Gainesville Police Department (GPD) to provide all sworn and FST personnel with a Body Worn Camera (BWC) system designed to record both audio and video while in the performance of his or her official duties. Members shall activate the BWC when such use is appropriate and where the recordings are consistent with this policy and applicable laws. To maintain the integrity of evidence and related documentation, members must be trained in the operation of the BWC system before having authorization to use it. All images and sounds recorded by a BWC are the property of the Gainesville Police Department. IV. DEFINITIONS: A. BODY WORN CAMERA (BWC): A recording system that captures audio and video that is individually P a g e 1 | 12 Scope: All Department Members\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER worn by officers and includes, at a minimum, a camera and recorder. B. BODY WORN CAMERA (BWC) SYSTEM: Includes the body worn camera, microphone, battery pack, docking and charging equipment, video storage solution, evidentiary controls and privacy redaction functions. C. PRE-BUFFERING: The sixty seconds of video only no audio prior to activation of the BWC event mode that is held in temporary storage. D. BWC SYSTEM ADMINISTRATOR: Department member with full administrator rights to the BWC system who assigns and tracks equipment, controls passwords and acts as liaison with BWC representatives. E. DATA: Audio, video and metadata captured on the BWC. F. EVIDENTIARY DATA: Footage of an incident or encounter that could prove useful for investigative purposes (e.g., a crime, an arrest or citation, a search, a use of force or confrontational encounter with a member of the public). Evidentiary footage is usually further categorized by specific incident type, and the retention period is governed by evidentiary rules and applicable law. G. NON-EVIDENTIARY DATA: Footage that does not necessarily have value to aid in an investigation or prosecution, such as footage of an incident or encounter that does not lead to an arrest or citation, or footage of general activities a member might perform while on duty (e.g., assisting a motorist or clearing a roadway). Non-evidentiary data will be retained up to 180 days. V. PROCEDURES: A. Administration: The Gainesville Police Department has adopted the use of the BWC to accomplish several objectives. The primary objectives are as follows [CALEA 41.3.8.c]: 1. BWC’s document police-public contacts, arrests and critical incidents. They also serve to enhance the accuracy of officer reports and testimony in court. 2. Audio and video recordings also enhance the Department’s ability to review probable cause for arrest, officer and suspect interaction, and evidence for investigative and prosecutorial purposes and to provide additional information for evaluation and training. 3. The BWC may also be useful in documenting crime and accident scenes or other events that include the confiscation and documentation of evidence or contraband. B. User Responsibilities: P a g e 2 | 12 Scope: All Department Members\n\n--- Page 3 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER 1. The BWC and accessories will be assigned to trained members of the Department. Individual members are responsible for the care and custody of the BWC. 2. Members shall use only BWCs issued by this Department. The BWC equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment is the sole property of the Gainesville Police Department. 3. Members who are assigned BWC’s and their supervisors must complete training provided by or approved through the Department’s Occupational Skills Unit to ensure proper use and operation. Additional training may be required at periodic intervals 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. [CALEA 41.3.8.f] 4. BWC equipment is the responsibility of individual Department members and will be used with reasonable care to ensure proper functioning. Equipment malfunctions shall be brought to the attention of the officer’s supervisor (in writing or via email and copied to the BWC System Administrator) as soon as possible so that a replacement unit may be procured. [CALEA 41.3.8.e] 5. Members shall inspect and conduct a test recording of the BWC at the beginning of each shift in order to verify proper functioning and shall notify their supervisor (in writing or via email) of any problems as soon as possible. BWC’s shall be inspected and checked for proper functioning by supervisors during mandatory quarterly inspections. [CALEA 41.3.8.e] 6. Members shall turn on their BWC (place in the ready (buffering) mode) prior to starting their shift/OT assignment, and it shall remain in ready (buffering) mode for the entire shift/assignment unless the incident falls within the exceptions listed in Section D and E. 7. Members are responsible for docking and charging their BWC. a) At least once every 7 days members shall dock their BWC at the police department docking station for no less than 10 minutes for firmware manufacturer recommended updates to occur. b) Members shall ensure any video is uploaded as needed and shall dock their BWC for upload (ViewXL or docking at the station) and charging at the end of every shift. 8. Members shall download the Axon Device Manager app and conduct at minimum, semiannual firmware updates. Other necessary updates will be conveyed via email by the BWC Administrator. Members shall store their BWC in accordance with policy and the manufacturer’s recommendations. [CALEA 17.5.2] 9. Members shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute in any manner BWC recordings without prior written authorization and approval of the Chief or his or her designee. P a g e 3 | 12 Scope: All Department Members\n\n--- Page 4 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER 10. Members are encouraged to inform their supervisor of any recordings that may be of value for training purposes. 11. Members using a body worn camera are permitted to review the recorded footage from the body camera, upon his or her own initiative or request, before writing a report or providing a statement regarding any event arising within the scope of his or her official duties. This does not apply to a Members’ inherent duty to immediately disclose information necessary to secure an active crime scene or to identify suspects or witnesses. 12. Requests to delete portions of the recordings (e.g., in the event of a personal recording) must be submitted in writing and app