go-16.pdf

\n\n--- Page 1 ---\n\nTALLAHASSEE POLICE DEPARTMENT GENERAL ORDERS SUBJECT Digital Audio/Video Recording System CHIEF OF POLICE Proudly Policing Since Signature on File Nationally Accredited 1841 1986 NUMBER ORIGINAL ISSUE CURRENT REVISION TOTAL PAGES 16 11/15/2001 06/17/2022 14 AUTHORITY/RELATED REFERENCES CIB-12, Follow-Up Investigations FS 112.532, Law Enforcement Officers’ … Rights FS Chapter 119, Public Records FS 943.1718, Body Cameras; Policies and Procedures General Records Schedule GS2 For Law Enforcement General Order 17, Records Management General Order 18, Criminal Investigations General Order 19, Digital Evidence Capturing Devices General Order 42, Impounding and Controlling of Property and Evidence General Order 46, Rules of Conduct General Order 78, Social Media PTL-15, Prisoner Transport Unit PTL-16, Reports ACCREDITATION REFERENCES CALEA Chapters 41, 42, 83 KEY WORD INDEX AVR Protocols – Body-Worn and In-Car Systems Procedure IV AVR Protocols – CIB Interview Rooms Procedure V AVR Protocols – General Procedure III General Guidelines Procedure I Inspections and Reviews Procedure VII Investigations and Corrective Action Procedure VIII Training Requirements Procedure II Transfer, Retention, and Release Procedure VI\n\n--- Page 2 ---\n\nTALLAHASSEE POLICE DEPARTMENT POLICY Recognizing the value of utilizing digital audio and video recording systems in the prosecution of traffic and criminal offenses, completion of required reports, evaluation of member performance, and identification of training needs, the Department is responsible for establishing utilization protocols for the Digital Audio and Video Recording System. Members shall adhere to the established protocols in the utilization of the Department’s Digital Audio and Video Recording System. DEFINITIONS Active Recording: An AVR mode where an AVR is recording a live audio and video feed. AVR: Digital Audio and Video Recording System. Event Tag: A member-selected designation entered into the computer interface contemporaneous with the recording which determines the length of time the recording is stored by the Department. The event tag designations and retention schedules are established by the Mobile Video Systems (MVS) Administrator. Evidence: Any electronic or digitally stored record, written document, exhibit or object necessary to persuade, establish, prove or disprove an issue or fact before any civil, administrative, or criminal tribunal. Evidentiary: Anything asserting, proving, furnishing, or having any value as evidence. Mobile Video Systems (MVS) Administrator: The City of Tallahassee (COT) job position responsible for the maintenance of digital recording equipment, storage of audio/video recordings, facilitation of relevant training, and making equipment procurement and assignment recommendations. Official Law Enforcement Activity – Any event where a member, acting in their official capacity, comes in contact with the general public and the member’s official authority is invoked, or they take official law enforcement action. This includes but is not limited to: citizen encounters related to official duties, responding to calls for service, traffic stops, detentions, pursuits (vehicle or foot), investigations, arrests, crashes involving agency vehicles, deployment of Narcan (or other lifesaving measures), and other applicable law enforcement activities. This does not include casual interactions with the public, such as exchanging pleasantries, providing directions, or attending community meetings. Although every incident that may constitute Official Law Enforcement Activity cannot be specified herein, members are to use their training, experience, and the circumstances of each particular situation to determine if their actions involved official law enforcement activity. GENERAL ORDER 16 PAGE 2 of 14 DIGITAL AUDIO AND VIDEO RECORDING SYSTEM JUNE 17, 2022\n\n--- Page 3 ---\n\nTALLAHASSEE POLICE DEPARTMENT PROCEDURES I. GENERAL GUIDELINES A. The Digital Audio and Video Recording System (AVR) is designed and intended for gathering and maintaining visual images and auditory information of Department-related incidents. 1. The primary utilization of the AVR is for operational and support roles (e.g., patrol/traffic functions, crime prevention activities, criminal investigations). 2. AVR utilization is not mandated for certain administrative roles, such as: a. Members of Command Staff, or b. Other administrative assignments as directed by the Chief of Police or designee. 3. The AVR includes in-car, interview room, and body-worn cameras and associated equipment. B. This written directive does not govern the utilization of surreptitious recording devices in undercover operations. C. The recording of interviews and interrogations shall be done in accordance with the protocols in General Order 18 (Criminal Investigations). D. The Department recognizes technical malfunctions may occur with the AVR. E. AVR equipment failure resulting in system deactivation does not relieve a member of the responsibility to take appropriate police action (e.g., vehicle pursuits, arrests, citations, interviews, searches). F. Failure to record activities as denoted in this policy will not be considered a policy violation as long as reasonable justification is articulated to the member’s chain of command or other designated members (i.e., Internal Affairs investigators). G. Members shall not utilize the AVR equipment in a manner which could reasonably be expected to bring discredit to a member, the Department, the COT, or the policing profession. GENERAL ORDER 16 PAGE 3 of 14 DIGITAL AUDIO AND VIDEO RECORDING SYSTEM JUNE 17, 2022\n\n--- Page 4 ---\n\nTALLAHASSEE POLICE DEPARTMENT H. Members are not authorized to utilize personally-owned recording equipment to gather and maintain visual images and auditory information of Department-related incidents. I. Members shall not make copies of any AVR recording unless specifically authorized by this policy, and are prohibited from using a recording device (e.g., cellular telephone, camera) to record visual images or auditory information from the AVR. J. Absent one the following exceptions, a non-supervisory member shall not access another member’s AVR during an active recording without authorization from that Bureau’s chain of command up to the rank of Lieutenant: a. An exigent circumstance exists, b. An SRT (Special Response Team) or TAC (Tactical Apprehension and Control) deployment, c. A TEAM (Tallahassee Emergency Assessment Mobile) member is engaged in an incident or call for service and a member is checking on their welfare, or d. A member of the Real Time Crime Center is utilizing the recording for an official law enforcement activity. K. Members shall not allow non-authorized persons to operate AVR equipment. Authorized persons are limited to: 1. AVR trained members, and 2. Designated maintenance personnel. L. Members shall not allow non-authorized persons to view an AVR recording unless in the process of verification listed in subsection M below. 1. Authorized persons are limited to: a. Members or other law enforcement officers for the purposes of investigations, training, and intelligence sharing, and b. State and federal prosecutors and other judicial officials as allowed by law. 2. Refer to section VI below for AVR recording release protocols. GENERAL ORDER 16 PAGE 4 of 14 DIGITAL AUDIO AND VIDEO RECORDING SYSTEM JUNE 17, 2022\n\n--- Page 5 ---\n\nTALLAHASSEE POLICE DEPARTMENT M. Sworn members conducting a criminal investigation may allow the audio portion of the recording to be reviewed by someone who personally knows the person being interviewed to confirm that person's identity. II. TRAINING REQUIREMENTS A. Only members who have successfully completed the requisite training are authorized to utilize the AVR. B. The training for members with an assigned AVR, and those operating an interview room AVR, will include: 1. Policy requirements, 2. Equipment