Policy Text
County of Santa Clara
Office of the Sheriff
Body Worn Camera (BWC) System
Proposed Surveillance Use Policy
I. Purpose
This policy is intended to provide deputies with guidelines on when and how to use body-
worn cameras (BWCs) including both audio and video recording so that deputies may
reliably record their contacts with the public, arrestees and inmates in accordance with the
law. BWCs provide documentary evidence for criminal investigations, internal or
administrative investigations and civil litigation. Peace officers and public officers employed
by the Sheriff s Office ("deputy") shall utilize this device appropriately and in accordance
with the provisions in this Surveillance Use Policy to maximize the effectiveness of the
audio/video documentation, to achieve operational objectives, and to ensure evidence
integrity. While BV/C recordings can provide an objective record of events, it is understood
that video/audio recordings may not necessarily reflect the entire experience or state of mind
of the individual deputy in a given incident. In some circumstances, the BV/C will capture
information that may not have been heard and/or observed by the involved deputy(ies).
Similarly, there will be situations where the BWC will not capture information that was
heard andlor observed by the involved deputy(ies). BWCs have also been proven to be
valuable in their ability to direct and supplement deputy training. BWCs also provide
transparency for the community as well as individual and organizational accountability.
BWCs can help build community trust, improve conduct and behavior, and reinforce
community policing.
BWCs are small video cameras typically attached to a deputy's clothing, helmet, or
sunglasses. They capture, from adeputy's point of view, video and audio recordings of the
deputy's activities, including traffic stops, arrests, searches, interrogations, and critical
incidents such as deputy-involved shootings. The primary objective of the BWC system is to
document deputy contacts, arrests, and critical incidents. Video footage collected by the
BWCs will be used as evidence in both criminal and administrative investigations. Video
footage not relevant to any investigation will be discarded after a defined retention period.
It is the policy of the Sheriff s Office that deputies shall activate the BWCs when such use is
appropriate in the proper performance of their official duties, where the recordings are
consistent with this policy and law. This policy does not govern the use of surreptitious
recording devices in investigative operations. The Santa Clara County Sheriff s Office will
provide deputies BWCs for use during the performance of their official duties. Deputies will
only use the BWC system issued and approved by the Sheriff s Office for official duties.
The wearing of any other personal video recorder for the same purpose is not authorized
without permission of the Division Commander.
BWC Use Policy - Rev. based on direction af 0112412017 Board Mtg. Page I of 12
Approved: 01/24/2017
II. General Use
A. Authorized uses of BWC footase include:
Use as evidence in criminal investigations
a
a
a
aUse as evidence in administrative investigations (e.g., allegations of deputy
misconduct)
Use to enhance the accuracy of deputies' reports and testimony in court,
unless otherwise prohibited by this Policy
Use for deputy evaluation and training
Use as a training aid, if an incident captured on a recording has training value
Supervisors will randomly audit BV/C recordings to ensure that the equipment
is operating properly and that deputies are using BWCs appropriately and in
accordance with policy and procedurea
B. USE OF BODY WORN CAMERA
At the beginning of each shift, deputies shall determine whether their recording
equipment is operational in accordance with the BV/C manufacturer's
specifications. If a problem is found, the deputy shall arrange for repair or
adjustment. The deputy shall also ensure that the camera is fully charged and that
the data from the previous shift has been downloaded. If the system is
malfunctioning, the deputy shall immediately report this to their supervisor.
If a BWC malfunctions or is inoperable and the deputy cannot utilize a BWC
during their shift, this shall be noted in all written reports so that there is a
contemporaneous record.
3. During their shift, deputies shall:
Ensure that the BWC is properly worn and positioned to record events
Wear the recorder in a conspicuous manner
Make every reasonable effort to activate the BWC prior to making contact
in any of the following incidents:
(1) AnV investigative encounter to confirm, or dispel a suspicion that the
person may be involved in criminal activity. This includes detentions,
vehicle stops,jail altercations, pedestrian stops and consensual
encounters.
(2) Probation searches, Parole searches, post release community supervision
seatches, mandatory supervision, cell extractions or consent searches;
however, strip searches shall not be recorded unless a confrontation
occurs.1
2
a.
b.
c.
BWC Use Policy - Rev. based on direction at0112412011 Board Mtg. Page 2of 12
(3) Service of search or arrest warrants; and,
(4) AX suspect statements.
Make every reasonable effort to record any contact should the contact
become confrontational, assaultive, or enforcement-oriented.
The deputy will not edit or delete any files recorded by the BWC without
supervisor approval.
This policy is not intended to describe every possible circumstance. In addition to
the required conditions of operation, deputies should activate the system any time
they feel its use would be appropriate and/or valuable to document an incident.
Recording such contacts shall be the rule and not the exception. If circumstances
prevent a deputy from recording such a