Police Department Policy

OAKLAND_I-15_Body_Worn_Camera_Program_663735

Oakland PD

Policy Text
Page 1 of 18 DEPARTMENTAL GENERAL OR DER I-15: BODY WORN CAMERA PROGRAM Effective Date: 19 DEC 23 Coordinator: Information Technology Un it The Oakland Police Departme nt (OPD) strives to use technology that promotes accountability, transparency, and public trus t. OPD uses a Body Worn Camera (BWC) system to document the actions of sworn members during field operations. OPD seeks to balance the benefits provid ed by digital documentation w ith the privacy rights of individuals who may be recorded during legal and procedurally just public interactions. The intent of this order is to set forth Departmental policy and procedure for the BWC system. OPD has adopted BWC technology be cause of its usefulness in capturing audio/video evidence and enhancing the De partment’s ability to conduct criminal investigations, administrative investigations, a nd review of police procedures and tactics. Failure to adhere to this policy will subject members to discipline. A.GENERAL PROVISIONS A - 1. General Provisions The following provisions a pply to the BWC program: All sworn members shall be assigned a BWC. All members assigned a BWC shall wear, carry, and use the BWC in accordance with the provisions of this order. All BWC files are the property of the Oakland Police Department. The OPD Information Technology Unit is designated as the Custodian of Records for all BWC data files. A - 2. Specific Prohibitions Members shall follow the expressed pr ohibitions regardi ng the BWC system: Unauthorized use, duplication, editing, and/or distribution of BWC files is prohibited. Members shall not delete any BWC file, except as specified in this policy. Members shall not remove, dismantle or tamper with any hardware or software component or part of the BWC. Members are prohibited from wearing or using personally owned video recording devices in plac e of, or in conjunction wi th, an assigned BWC. Members shall not intentionally use th e BWC recording functions to record any personal conversation of, or be tween, another member without the recorded member’s knowledge. Members shall not intentionally use the BWC to record in public or private locker rooms, changing rooms, restrooms, or medical or hospital DEPARTMENTAL GENERAL ORDER OAKLAND POLICE DEPARTMENT I-15 Effective Date 19 DEC 23 Page 2 of 18 facilities, unless there is a legal right to record and a Departmental requirement to record. Members shall not intentionally us e the BWC to record during any meetings with a Confidential In formant as defined in DGO O-04, Informants. B.USE OF BWC B - 1. Wear Requirements Members are required to wear and use their BWC while working any uniformed field assignment. Members working non-field assignments (e.g., Criminal Investigation Division (CID), Tr aining, or Internal Affairs Division (IAD)) shall wear and use the BWC if th ey go into the field in uniform or wearing uniform equipment (e.g., tac vest ) for a law-enforcement assignment. Uniformed assignments that are st rictly ceremonial (e.g., assignments requiring Class A uniform) are exempt from BWC wear and use requirements. B - 2. BWC Placement The position of the BWC may impact the clarity and sound of video files and could limit the quality of video and audio collected. Members required to wear the BWC shall position and securely atta ch the BWC to the front of their uniform or uniform equipment , as the primary r ecording location, to facilitate recording. The BWC may be temporarily moved from the primary location to facilitate recording the encounter. This includes, but is not limited to, putting the BWC facing the rear of the patrol vehicle when a person is detained inside, setting the BWC in a static position to enhan ce safety or allow for distance from an engaged person, or moving the BWC to better focus on the key components of the incident. Once the situation necessitating movement of the BWC has been resolved, the BWC shall be returned to the primary recording location as soon as practical. B - 3. Carry Requirements Members working non-field assignments shall have their BWC easily accessible to them any time they go into the field for law enforcement assignments (e.g., to serve a search or arrest warrant) , and activate it pursuant to section B-8, Required Activations. B - 4. Undercover, Plainclothes, and Task Force Officer (TFO) Requirements Undercover or plainclothes members are not required to wear or carry a BWC unless they are wearing a police uniform or uniform equipment that identifies them as a law enforcement officers. Officers deputized as federal task fo rce officers (TFOs) shall follow the applicable Federal Law Enforcement agency guidelines for BWC use while conducting federal task force ope rations and investigations. DEPARTMENTAL GENERAL ORDER OAKLAND POLICE DEPARTMENT I-15 Effective Date 19 DEC 23 Page 3 of 18 B - 5. Function Check and Power On Prior to Shift Members utilizing a BWC shall test the BWC and have the BWC powered on in an allowed mode (see B-7, below) prio r to every shift, to include ensuring that the BWC battery is fully charged. If a member’s camera is

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