R9D-Update On Police Department Policy On Body Camera DeploymentMIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and the City
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: Agenda ltem R9D - Update on
Camera Deployment
ice Department Policy on Body
This memorandum is prepared to advise the Commission that the Police Department has
drafted a policy for the use of body cameras by police olficers during an initial pilot phase of
the program. The attached policy addresses all elements of use, recording, storage,
retention and distribution of digital material captured by the cameras.
The deployment of body cameras by law enforcement agencies is a new and evolving issue
in American policing. ln arriving at this initial policy, the Department reviewed a wide variety
of similar polices from around the state and country, as well as a national study conducted
by the Police Executive Research Forum (PERF). Because this technology is so new, there
isnosettled"bestpractice"intheindustry. lnstead,thereisavarietyofapproachesbypolice
departments on several important issues, such as whether to record crime victims' and
witness' statements, whether to turn the camera on in a home, and how long to keep
records.
The attached policy has been reviewed by the City Attorney's office, which concurs that it is
appropriate for an initial pilot program. The Chief of Police is awaiting comment from the
Fraternal Order of Police (FOP) regarding the proposal and will consider the comments by
the FOP before settling on any final policy.
The Chief and the MBPD Command Staff fully expect that this policy will almost certainly
undergo revisions during the pilot phase of deployment. There will be feedback and lessons
learned -- from officers, their supervisors and residents that are impacted by the pilot
program. Also, there arc a host of logistical challenges associated with capturing,
downloading, storing and retrieving the digital recordings, all of which will impact the
determination of a final policy.
An initial shipment of cameras has arrived. Officers must still be trained on camera
operations and on their policy for use. ln addition, a special room must be built within MBPD
headquarters to secure the cameras during the time between shifts, when they are
downloading data. At the moment, the Department is hopeful that the first cameras will be
deployed sometime in March, 2015.
Agenda Item R9D-
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MIAMIBEACH
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STANDARD OPERATING PROCEDURE soP #xxx
PORTABLE VIDEO RECORDERS
CALEA Standard(s):
:.44'
PURPOSE: To establish guidelines and procedures for the uie, maintenance and management of body-
worn portable video recorders (PVR).
:SCOPE: This Standard Operating Procedure (SgPl appties to all Department employees.
POLICY: lt is the policy of the Department to uiitize pVn devices to documenl law enforcement
interactions with the public by providing recorded evidence of actions, conditions and
statements. Employees have a legal right to capture and'record footage during all official
interactions.
DEFINITIONS: =,'
CALL FOR SERVICE - Any dispatched or self-initiated activlty by any employee to resolve, correct or assist
a particular situation.
CITIZEN INTERACTION - Any call for service, consensual encounler, investigatory stop, traffic stop, arrest,
pursuit, use of force, search, interview, or any other form of contact with, or observation of, a member of the
public or person under investigation or detention.
FOOTAGE - Refers to all sounds, images, and associated metadata.
l. Operati6n'and Use
A. Use of$e issued PVR is mandatoiy for all employees working in a uniformed assignment as
follows:
1. Regular On-duty or Overtime assignments: Reserve Officers, Police Officers, and Sergeants;
and
2. Off-duty Oeta ll s*orh*i""rs up to and including the rank of Major.
B. PVR User ProceOuredii,s.ilt
1. PVR mounting and placement on the officer shall be determined by the Chief of Police and/or
the Training Unit with appropriate consideration given to practical factors such as the PVR
configuration and tactical applications.
2. The PVR shall be activated during all citizen interaction and investigations, whether officers
are in contact with a citizen or not, except as set forth herein. Officers shall not activate the
PVR:
a. While performing administrative functions such as report writing;
b. While on breaks;
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c. When discussing a specific case or exploring investigative strategies or options with
other officers. However, the PVR shall not be turned off for this purpose during the initial
police response to a call for service, crime scene or other police event; and
d. Employees are not expected to record informal interactions or conversations with the
public that are routine in police work, such as exchanging pleasantries with passersby,
providing directions, making friendly conversation with local merchants, attending
community meetings, etc.
3. Employees are not legally obligated to advise a person that he or she is being recorded by
the PVR. lf asked, the employee shall acknowledge that the PVR is recording.
4. ln all cases where an incident is generated on the CAD, whether dispatched or self-initiated,
employees shall document use of the PVR in all related ieports, or in the CAD notes if no
report is required.
5. Employees who fail to activate the PVR when required shall:
a. Notify their immediate supervisor as soon as practiCabie, but no later than the end of
their tour of duty or detail; and
b. Document the name of the supervisor notified and the reasons for failing to activate the
PVR on all reports related to the incident. When no reports are required, an incident
shall be generated on the CAD and documented in the CAD notes.
6. The PVR shall only be deactivated upon the conclusioh of ine citizen interaction, incident or
the call for service.
7. Employees using a PVR during interviews, interrogations, statements, confessions, and/or
utterances shall: 1t.z.la,u,c1
a. Document the existence of a recorded stbtement on all applicable reports; [84.1.ic]
,b. Properly record Miranda warnings;
c. Attempt to secure a signed consent @;r"r form(i)from the individual(s); and
d. Document all c1L1nts,waivers and/of fafusals on camera and in writing.
8. Employees shall only use theii issued PVR oi::a replacement authorized and configured by
the PVR Sli$t€'m AdminiStrator. '
9. Employees shall notify his/her supervisor at the conclusion of any encounter that may
$6'nerate a complaint. ,ii,i,
10. VieWing, Data Transfei and Categorizing PVR Recordings
a. ReCordings may be viewed by:
1) Employees, supervisors, and investigators when preparing incident reports to
enSilidLthe accuracy and consistency of the incident documentation;
2) An involved employee prior to making a statement concerning a recorded incident
that might be used in an administrative review or court proceeding; and
3) The City Attorney or his/her designee with notice to the Chief of Police.
b. Recordings may be accessed:
1) lmmediately, via the issued portable media player (PMP); or
2) By accessing the storage seryer once all the data has been uploaded.
c. Employees shall accurately categorize and label PVR recordings at the conclusion of
each incident, but no later than the end of their tour of duty or detail. tsl.r.raI
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1) Employees shall contact their supervisor if they need assistance with categorization
of recordings or retention guidelines.
2) PVR recordings may document the discovery and/or collection of evidence.
Employees, investigators or supervisors shall categorize PVR recordings to
preserve footage of evidentiary value. 183.2.21
3) Employees shall label each recording with the CAD incident number if one was
generated.
d. PVR devices shall be placed in the secure transfer dock at the conclusion of each
employee's on-duty, off-duty, or overtime detail. Once docked, the PVR shall not be
removed until the upload process has been complete-d-
e. Supervisors may review video footage in the following circumstances:
1) lndependently or when requested by an:employee to document exemplary
performance, heroic actions and/or other:praiseworthy service for appropriate
recognition and commendation;
2) To investigate a complaint again$t,ran officer or a ipecific incident in which the
officer was involved; .,.?i,
_..,..3) When there is a pattern of allegations of abuse, misconduct or the Personnel Early
Warning System (PEWS) has triggered;
4) To identify videos for, |qaining purposes and instructional use; ',,
5) When officers are on probationary status or with a field training officer; or
6) When officers agree to a more intensive review as, a condition of employment.
f. Designated supervisors, at thq directionrof:the Chief of Police, may conduct random
audits of PVR footage to monitor compliance with the program and assess overall officer
performance: Audits shall be truly random-and not he used to target a specific officer.
C. Prohibited Actions and Conduct
1. Prohibited Recordings ' :i
?= lt shal e prohibited to use the PVR to re :
i==' 'l ) Discussion of a case with other offieers;
',',, 2) Conversations with fellgw agency personnelwithout their knowledge during routine-',,,.,, ron-"nforcementactivities;
3) Confidential informants or undercover officers;
4) Strip searches; or
5) nny iootage in places where there is a commonly held expectation of privacy, such
as locker rooms, dressing rooms or restrooms.
b. The prohibitions set forth in this section do not apply in circumstances where the PVR is
recording conduct pursuant to official law enforcement action.
2. Releasing, posting, or sharing any footage on any social media site is prohibited.
3. Making copies of any PVR recording for personal or any other use; or using a secondary
recording device, such as a camera or cell phone, to record images or sound captured by the
PVR is prohibited.
4. Tampering with the PVR or employing any device which interferes with its operation is
prohibited.
5. Erasing, altering, modifying, or tampering with any recording captured by a PVR is prohibited.
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D.
E.
6. Allowing citizens to review any recordings is prohibited, except when appropriate in response
to a public records request or court order.
7. Using personal or privately-owned PVRs while working in an on-duty or off-duty capacity is
prohibited.
The Chief of Police or designee may authorize the release of specific PVR footage when he or she
deems it to be in the best interest of the Department.
Employees shall notify their immediate supervisor and provide details of any restricted and/or
prohibited footage captured by their PVR.
Supervisory Responsibilities
1. Supervisors shall ensure that employees comply with all PVR-related training.
2. Supervisors shall document circumstances in which ah:-employee failed to activate the PVR,
improperly deactivated the PVR or captured restriCted/p-rohibited footage. The supervisor
shall submit a memorandum to his or her Division$mmahderdetailing the findings.
a. lf the Division Commander determines the action was intentiolal or avoidable, he or she
b. lf the Division Commander determines a restricted/prohibited iecorOing was inadvertent
or unavoidable, the details of the incideht shall be provided to the Chief of Police who
shall provide further direction to the PVR System Administrator.
3. ln cases where the immediate retrieval of PVR footage is required, supervisors shall collect
the PVR from the employee and foll0W data transfer procedures. Upon completion of the data
transfer, the PVR shall be returned to the employee ahd involved personnel shall be notified
when the footage is available for review.
4. Supervisors shall reYiew PVR footage in all cases where there:was a use of force, pursuit,
injury to officer, injury to prisoner, citizen complaint, or any other circumstance where the
recording may clarify events.
..a. lf an Officer is involved ihia shooting or other incident that results in serious bodily harm
or death to anyone, an on-scene supervisor shall immediately take custody of the
inVolvedpfficer's PVR for dvidence preservation pu rposes.
,b. 'Supervis6B,shall notify their Chain :of Command of instances where a controversial
citizen-poliie encounter has occurred. The employee's Captain shall review the
encounter and set the appropriate category for retention in conjunction with the City
Attorney or his/her designee.
5. Supervisnrs have an obli@tion to cohfer with officers at the end of each tour of duty or detail
to provide guidance and ensure that PVR recordings are categorized and preserved
consistent with this policy; i:
PVR System Administrator shall be responsible for:
1. Setting and maintaining user and group authority levels, passwords, and any other required
configuration of the evidence storage system under direction of the Chief of Police or
designee; t41.3.sbl
2. Managing inventory, issuing devices, and updating device settings;
3. Assisting with manual downloads to the storage server, when necessary;
4. Handling recordings of restricted/prohibited footage pursuant to direction from the Chief of
Police. A log shall be maintained of all deleted, copied and/or edited recordings, which shall
be kept in perpetuity;
5. Managing the list of categories and notifying supervisors when users fail to categorize their
PVR recordings or othenruise fail to properly use, store or maintain their issued PVR;
F.
G.
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6. Providing support to Department employees in all aspects of the PVR and evidence storage
sYstem;
7. Maintenance of an audit system that monitors and logs access to recorded data;
8. Maintenance of a system for the management of data retention and data purging; and
9. Conducting forensic reviews when directed by the Chief of Police or designee to determine
whether PVR equipment and/or recorded data have been tampered with.
ll. Maintenance[17.5.31
A. User
1. Employees shall inspect and test their PVR and allassociaied equipment at the beginning of
their shift.
2. Employees shall ensure that the PVR lens and miCrophone are clear of debris that may
obstruct or in any way degrade images or audio- -.:: i=ir,,
3. Employees shall ensure the PVR battery is fully:charged at th6,start of their assignment.
4. Any damage, malfunction or other operational'problem shall be,ieported to the employee's
supervisor and the PVR System Administratot.
B. Supervisor
1. When notified that a PVR is damaged or malfunctioning, the supervisor shall inspect the
device and decide whether to Cdntinue using the PVR.or return it for repair or replacement.
Supervisors must consider the extent of damage and the availability of spare or replacement
devices.
2. PVR devices shall be inspected durihg semi=annu={.Line lnspeclions.
C. PVR System Administlator Shall evaluate all devices tUiried in due to damage or malfunction.
1. The PVR Syst@ Administrator shall make any repairs theyidre qualified to perform.
2. Any device whi€h cannot be'iepaired by.:{hs PVR System Administrator shall be sent for
A. Employees shall receive,handS"on training by the:.Training Unit prior to being issued a PVR. lnitial
training shall include at a minimum:
1. Thorough review of :this SOP and relevant state and federal laws governing consent,
evidence,,p.rivacy, and puhl disclosure;
2. Hardware operation, charging, docking, malfunctions, lost or damaged equipment;
3. Categorization, data tra'h*r procedures, data access, security, retention guidelines,
reporting improper+ecordings, and preparing and presenting digital evidence for court; and
4. Hands-on exercises that replicate operating the PVR.
B. Training shall be given to the following employees:
1. All personnel issued a PVR;
2. Supervisors of officers who wear PVRs;
3. Command Staff;
4. Records Management Unit;
5. Property and Evidence Unit;
6. Training Unit;
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7. lnternal Affairs Unit; and
8. PVR System Administrator.
C. Annual refresher training shall be provided by the Training Unit.
D. The PVR System Administrator shall ensure that all PVR training meets current manufacturer
guidelines and specifications.
lV. Data Retention Guidelines and Public Records Requests [41.3.sc]
A. All digital recordings collected using the PVR system are official records, and are the exclusive
property of the Miami Beach Police Department. The Department will retain any video captured by
Department issued PVRs for 30 days, except as set forth belo-w:
1. Recorded data associated with an arrest, use of force, pursuit, criminal investigation, lnternal
Affairs investigation and/or complaint against an employee shall be retained pursuant to the
General Records Retention Schedules established by the Florida Department of State and
instructionsfromtheCityAttorneyorhis/herdesignee.
2. Vehicle crashes involving an employee and events involving injury to an employee and/or
citizen, or any recording of an event or public interaction the officer or his or her supervisor
reasonably believe could lead to litigatioh'against the officer or the City of Miami Beach shall
be retained for five (5) years.
3. Police interaction or delivery of police services that may be perceived as controversial shall
be reviewed by the employeeis Captain. The Captain shall set the appropriate category for
retention in conjunction with the Olty Attorney or his/her designee.
B. The Departmentwill invoke appropriate exemptions setforth in Florida Statutes, Chapter 119, or
any other statutory provision limiting or restricting access to vide6 recordings or metadata in cases
involving officer-involved shootings, serious use of force, officer misconduct, or any other
circumstances as determined by the Chief of Police or deSignee.
1. This section $hall not be read to obstruct or interfere with an employee's rights as provided by
Florida Statutes or Department Policy.
C. All PVR recordings shall be uploaded to the contiacted storage service provider's system. The
Department reserves the obtion to utilize alternative storage methods on a case-by-case basis at
D. Relb5ie of PVR recordings shall be governed:bf Chapter 119 of the Florida Statutes or other
Florida or Federal law.
E. ffre pVRl.System Administrator shall redact exempt or confidential footage pursuant to the
applicable state or federal statute prior to releasing any recording(s).
V. Discipline
A. Employees who fait:to'comply with this SOP may be subject to progressive disciplinary action up to
and including termination.:
DO/LHAruRG/J B/J E/DM/JAB/PS/EMG
FIPOLl\TECHSER\APSUSOESOP\SOP Portable Video Recorders\SOP XXX - Portable Video Recorders5.docx
APPROVED BY:
DanielJ. Oates
Chief of Police
References to Forms: None
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