BODY CAM

[DEPUTYBILL]

If agencies start issuing body cams to their officers, what would be the restrictions in recording citizen contacts ?
I could see that traffic stops and street contacts could be considered in public, but what about going into homes on calls and recording all the conversations of victims, suspects, and witnesses?

[CaptMike]

Its all up to department policy. My department hasn't issued them yet, but I'm sure we will eventually. A friend that works at a local department has had the cameras for over a year. He likes them because there have been complaints that cleared the officer because of the video. Their policy is that it is up to the officer to decide when to turn on the camera. They can't leave them on all shift because the batty will not last even 8 hours. I'm sure some departments will mandate every contact be recorded. Personally, I think its a good thing because it will clear false accusations and it will also encourage those officers that should not wear a badge to move on.

[WyattandDoc]

There are a grip of issues that will be encountered when body cameras become the norm. And they will be the norm very quickly. Many will be addressed at the departments level with policies and even more in the courts.

[TRICKSTER]

I have a feeling that those who are demanding the cameras be on the entire shift will be the same ones complaining about police invasions of privacy if that in fact happens. Watch for the ACLU and Copwatch who are now pushing for mandatory cameras, to be the first to complain about them.
There are many issues that will need to be addressed before these become mandatory for all LE.

[CBR_rider]

ACLU is already starting to question the use of body cams and some are beginning to rethink their position on mandating them for all LEO's at all times. We'll see how this plays out; unfortunately there are too many sick people in this world who would probably love to watch marathons of police body cams showing dead people, dying people, burning people, people getting shot, etc...

[mixicus]

Last year, I saw two papers on police body cameras presented. One from a POA/Offficers POV and the other from an admin/public POV. Both brought up privacy concerns by civil liberty organizations and the internal debate those organizations are having on the subject. I am glad those groups are at least aware of some issues one step removed in recording.

[RedVines]

hope they like my singing in the car. maybe i'll get discovered.

[Eric B]

Got one myself. I am required to start rolling when I am, or believe I may be, taking enforcement action. I can, and do, use it to take statements from everyone at the scene, from vic to suspect.

If I'm going to a call that sounds sketchy or volatile, I start rolling as I am landing on the scene.

I ALWAYS notify my partners and outside agencies (fire, medics, etc) when/if I'm rolling.

I find the camera to be great.

[DEPUTYBILL]

I don't see a problem in a public area, but what about going into a home?
It would seem you would have to notify all parties that you were recording them. Then, what do you do if one of the parties in control of the home demand that you turn off the recorder?
It would seem you might have a privacy rights violation, and there might be an issue using the recording as evidence in court.

[responsiblefreedom69]

The California Penal Code (633 PC) allows peace officers to record without the consent or knowledge of those being recorded.

The section refers mainly to audio communications, but the clear intent of the legislature is to allow LEOs to record their contacts with citizens.

There is no liability on the part of the officer. Probably not a good idea for agencies to mandate recording, because it could lead to problems for an officer who forgets to press the record button at the onset of an incident, but I can see no civil recourse for anyone being recorded.

[zack_trp1911]

RedVines... I'll sing with ya..we may get a record label!!!

As for larger agencies (1000+ sworn) how's the budget/upkeep and data storage going to work I wonder...

[OneNcustdy]

The California Penal Code (633 PC) allows peace officers to record without the consent or knowledge of those being recorded.

The section refers mainly to audio communications, but the clear intent of the legislature is to allow LEOs to record their contacts with citizens.

There is no liability on the part of the officer. Probably not a good idea for agencies to mandate recording, because it could lead to problems for an officer who forgets to press the record button at the onset of an incident, but I can see no civil recourse for anyone being recorded.

Sums it up. People are surprised to find out some agencies have deployed the use of cameras for over 8 years. Those agencies have seen a huge decline in complaints mainly because filing a false police report is a misdemeanor and that once video footage was played in front of the subject, they were given an opportunity to retract their statement or face arrest for a false complaint. Most of these department purposely did not tell the public so that people can see the reality of subjects willing to lie about police contacts for gain or slander. It has been en eye opener to many when they discover their contact was recorded and that they are now caught lying about the incident.

[canman]

Bill, I believe this very discussion is occurring at the admin level of many PD's and SO's as they all rush to get camera systems. Popular opinion seems to be that 633PC, in broad interpretation, would make it legal to record even in private residences. Individual department policies will probably narrow that scope a little. At least that's the way my agency seems to be heading.....

Canman

[johnthomas]

First off, if someone were to be a witness to a gang crime of any kind, they would be at high risk. If an officer questions a witness with a camera and the film is used to put a gang member away, they are cooked. Good luck trying to get anybody to say anything about any crime.

[Funtimes]

It should be legal for them to record in any area where they have a license or invitation to be for law enforcement and/or emergency response purposes. Those files then need to be classified appropriately and protected from disclosure to protect the privacy of the individuals involved.