Body Worn Camera Evidence From the Field to the Courtroom

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1 Body Worn Camera Evidence From the Field to the Courtroom Sgt. Craig Miller, Escondido Police Department Damon Mosler, DDA San Diego County District Attorney s Office

2 Are you ready for the storm?

3 How many? ,000 videos (35, ,000) 40% phased 15,000 hours 12 TB ,000 videos 45% deployment 20,000 hours 20 TB From 1,700 cops with cameras headed to 2x SD County 3.2 million population ~ 4500 sq. miles

4 EVIDENCE Lots of videos for everyone but its still just ev Need to ensure Discovery & Brady obligations fulfilled. Want to manage and process volume of videos without creating delays in our cases.

5 Law Enforcement Infrastructure Requirements Will you crash your department/city servers with the massive amount of data upload? Do you have a knowledgeable I.T. staff? Do your facilities have adequate Ethernet connections?

6 Staffing Who: Maintaining equipment Managing database Training users Liaison with prosecutors and other agencies Sharing video

7 Policies and procedures It s not just about buying cameras! When to record? Who uses cameras? Reviewing video? Database security? Copying and sharing? Freedom of Information? Evidence vs. non evidentiary video? Retention and purging? Video redaction (privacy issues of citizens and officers)?

8 Skeptics & Supporters How do you sell the cameras to the troops What/when do you audit video How do you make cameras easy yet accurate to use Public buy in Prosecutor buy in

9 $$$ Cloud based storage is MUCH MORE efficient. Internal server costs? Traditional disc burning can be more costly in the long run when you factor in man hours. Camera cost: You get what you pay for $50 vs. $400

10 Prosecutor Needs A priority is how the prosecutor will receive the recordings. We will need all on the case! Prosecutors must know how law enforcement plans to share the recordings with their offices. (Hopefully before they spend $ and deploy)

11 DISCOVERY HOW Are the recordings timely received by the prosecutor on a disc, shared server or cloud? Will you share it the same way you get it? How will you cost effectively provide the video evidence?

12 DISCOVERY WHO Who is responsible for collecting recording from law enforcement agency/agencies? Who views all the hours of recording in any given case? Who is responsible for redactions? Who provides discovery? Who creates transcripts?

13 DISCOVERY WHAT From LE and/or to D/C All videos at one time? YES Representative samples? NO Available but only upon request?

14 DISCOVERY WHEN Give notice of the recording at the first appearance, arraignment or preliminary hearing. (And in LE reports) Provide recordings according to discovery rules/statues? Before resolution of the case? Early in case so defense attorney can use to help reach plea agreement Post Plea consequences

15 Retention and Storage Which recordings will be retained after disposition of the case? By WHOM All recordings from any given incident or just a representative? Only ones used as evidence in court?

16 Case Consideration Issuing viewing prior for which crimes. Report shortcuts by LE due to video. (see video ) How to know which ones to watch.

17 Brady/Giglio Policy for reporting poor behavior. Policy for tracking poor behavior. Keeping trust with LE.

18 Case Impact Suppression motions. Consent vs. Detention. Training modules based upon the videos.

19 Trial Impact Cameras Understand the equipment and how it works. Malfunctions? Off camera events.

20 Trial Impact Report Variations Possible impeachment. How to handle in court anticipate & prepare. (OT for trial prep?) Over reliance on video by LE and/or DDA still need good police work.

21 Trial Impact Use of Force Slow it down, view often to see the nuances. Colorful language and its role in reducing the threat of violence Insulting demeaning commentswill you proceed?

22 Coordination Pros or LE Offer to coordinate with all law enforcement agencies in your jurisdiction so that policies are as uniform as possible for better integration by your agency/prosecutor. For example, you could offer to host meeting quarterly with command staff and training officers to share best practices in BWCs.

23 Play Nice Different law enforcement agencies within the same prosecutor jurisdiction may have different types of cameras and storage methods. This should be coordinated so the prosecutor does not have to buy multiple licenses in order to view the recordings.

24 Stakeholders Consider convening a stakeholder meeting including, law enforcement, victim advocates, community groups, defense bar and local elected officials. Explain how the equipment works, how it will be used in court, and address privacy concerns. Show them. The meetings will help prosecutors and law enforcement to anticipate reactions to new BWC policies.

25 City Attorneys The use, retrieval and storage of BWC recordings should be coordinated with city attorneys, in those jurisdictions where different prosecutors handle felonies and misdemeanors. Civil aspects should be addressed. Impact for civil liability.

26 Defense Bar Explore with the public and private defenders whether it is possible to work out authenticity, discovery, chain ofcustody and other admissibility issues, as well as storage concerns, in advance. Develop a standardize way to provide recordings that are part of discovery.

27 Our Jurists Have a meeting with the administrative judge to discuss when and how the recordings will be presented in court. Are the courtrooms equipped to play the recordings? Determine what protective orders may be needed to redact recordings or to prevent release to the media or the public.

28 Juror Expectations The gritty side of enforcementopportunity to have Court and perhaps the public see the entire picture. Need to demystify the reality of policing prior to showing videos.

29 Limitations A camera doesn t follow eyes or see as they see. Some important danger cues can t be recorded. Camera speed differs from the speed of life. A camera only records in 2 D.

30 Limitations A camera can never replace a thorough investigation. A camera may see better than person in low light. Body may block the view. One camera may not be enough. A camera encourages second guessing.

31 Think about Multiple agencies may respond to a scene; discuss coordinated recording policies and agreement among agencies on who is filming what and how to let the prosecution know and obtain

32 Think about Discuss how law enforcement will respond to open record requests. There should be a coordinated response. County Consistency

33 Training Offer to participate in training sessions to give the prosecutor s perspective regarding the use of BWC. Prosecutors can help with narration for consent searches, reasons for terminating a recording, and how to record the execution of a search warrant. Avoid the need for redaction (Driver License or other identifying information.

34 Staffing and Funding Impact Assess staffing and funding needs for viewing, editing and transcription. Because of the potential for mass quantities of recordings, offices may need to hire additional staff that can view, edit, organize and transcribe the recorded evidence. Costs to Pros b/c BWC

35 And ACTION!

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