Collection policy by jurisdiction

Jurisdiction Collection
Alaska None.
Alabama None.
Arkansas None
Arizona

  Before the state legislature amended the bill, SB 1300 contained provisions on the collection of body camera videos. The original bill defined "recordable incident” as any incident involving the following: 1) a law enforcement action, 2) the investigation of a suspicious person or subject, 3) the handling of an emotionally disturbed person, 4) the generation of a complaint involving an activity from the foregoing items, 5) any activity that is likely to lead to a criminal or civil court action, 6) any activity in which all of the involved parties consent to the recording, and the recording is not otherwise prohibited by law, or 7) any activity that the law enforcement officer determines should be recorded. The original bill also defined "nonrecordable incidents” as those incidents that are not "recordable incidents.”
  The original language stated that a law enforcement agency "may” employ a body camera that operates on a continuous basis or that is manually turned on or off by the officer.
  If the camera is continuously on, an officer "may” turn off the camera for the following nonrecordable incidents: 1) a private conversation or activity, law enforcement related or not, including personal telephone calls, use of restroom facilities, or conversations with another law enforcement officer or person, or 2) a conversation with a person who is not a suspect or the object of a law enforcement action when the person requests that the body camera be turned off (however, the law enforcement officer must announce on the recording that the body camera is being turned off at the person’s request).
  If the camera is continuously on, the law enforcement "may” turn off the body camera for the following recordable incidents: 1) a conversation between law enforcement officers that relates to the handling of an incident, including information about any involved parties and action options (but the officer must announce on the recording that the camera is being turned off), or 2) when the suspect or object of a law enforcement action makes a request on the recording that the body camera be turned off and the law enforcement officer consents to turning off the body camera and states on the recording that the camera is being turned off (however, the camera would have to be turned back on if the situation expands beyond more than mere discussion and evolves into a law enforcement action, shouting, or violence).
  If a body camera does not operate on a continuous basis, a law enforcement officer must activate the camera during a recordable incident or during any other situation when a person informs the officer that the person is going to submit a complaint against the officer, or when all parties consent to the recording.

Arizona - Phoenix

  The VIEVU PVR-LE2 camera must be worn at all times that the user officer/supervisor may become involved in any enforcement activity during their assigned shift.
  All user officers/supervisors who arrive on a scene or engage in an enforcement contact must place their VIEVU PVRLE2 camera in the "On/Record” Mode as soon as it is safe and practical to do so.
  The VIEVU PVR-LE2 camera must be activated during all investigative or enforcement contacts such as, but not limited to, the following examples:
  Vehicle stops
  Pedestrian stops
  Consensual encounters that are investigative in nature
  Radio calls for service
  On-view events requiring enforcement activity
  Suspect and witness statements and interviews
  Vehicle and foot pursuits
  Emergency response to critical incidents
  Once the VIEVU PVR-LE2 camera is in the "On/Record” mode, employees must continue to record until either the completion of the event or until they leave the scene.
  Employees may deviate from this directive if it is in the obvious best interests of the department to do so and they are able to justify such a deviation.
  Prohibited recording:
  Will not be activated in a place where a reasonable expectation of privacy exists, such as dressing rooms, precinct locker rooms and restrooms.
  Will not be intentionally activated to record conversations of fellow employees without their knowledge during routine and non-enforcement activities.
  Will not be utilized to surreptitiously record conversations of citizens and employees.
  Will not knowingly record undercover officers or confidential informants.
  Will not be utilized to record any off duty or personal activity and will not be worn while working in an off-duty capacity.

California

  Officers shall not operate a body-worn camera where there is a reasonable expectation of privacy: health facility, medical office, ambulance response (not criminal activity), situations that would risk the safety of a confidential informant or undercover officer.
  Officers shall provide on-camera notice to a person being recorded that a body-worn camera is recording video, and provide the person with the option to request that the body-worn camera be turned off under both of the following circumstances: (i) when the subject of the video is a victim of rape, incest, domestic violence, or other forms of domestic or sexual harm; or (ii) When an officer is at a private residence without a warrant and in a nonemergency situation.
  Officers shall activate the camera when responding to calls for assistance and when performing law enforcement activities in the field, including, but not limited to, traffic or pedestrian stops, pursuits, arrests, searches, seizures, interrogations, and any other investigative or enforcement encounters in the field.
  An officer may stop recording when an arrestee is secured inside a fixed place of detention, as defined in paragraph (3) of subdivision (g) of Section 859.5.
  Officers may review their body camera video before making an initial statement and report except where an officer is involved in an incident involving "a serious use of force” (i.e. death, unconsciousness, impairment/disfigurement, weapon strike to the head, intentional firearm discharge, unintentional firearm discharge if injury results).

California - Los Angeles

  Officers must turn on the body cameras when they engage in "investigative or enforcement” activities involving the public (i.e. pull over drivers, make arrests, engage in foot pursuits, transport suspects and interview witnesses and victims, among other times).
  There are exceptions for when the body camera need not be turned on, including when the officer articulates his reason why the body camera was not turned on.
  In confrontational situations, the police officer MUST turn on the camera.
  The policy encourages officers to alert civilians that they are being recorded, but does not require them to obtain consent.
  It strictly prohibits officers from modifying the recordings and outlines several safeguards to ensure that the devices work properly.
  The Commission rules do not require release of the footage to the public after shootings.
  It lets officers involved in shootings review footage from a body camera before writing their reports or giving statements to internal investigators.

California - San Diego

  Mandated Recordings
  Enforcement Related Contacts
  All officers who are issued a BWC shall keep their BWC on Buffering Mode/Stand-by Mode while on duty, except during instances listed in this procedure under Prohibited Recordings. Keeping the BWC on Buffering/Stand-by Mode allows officers to capture pre-event recordings when the Event Mode is activated.
  Officers shall use the event mode to record enforcement related contacts. The event mode should be activated prior to actual contact with the citizen, or as soon as safely possible thereafter, and continue recording until the contact is concluded or the contact transitions from an enforcement contact into intelligence gathering.
  Officers are strongly encouraged to inform citizens they are being recorded in an effort to de-escalate potential conflicts.
  Enforcement related contacts include the following: Traffic stops, field interviews, detentions, arrests, persons present at radio calls who are accused of crimes, and consensual encounters in which the officer is attempting to develop reasonable suspicion on the subject of the encounter.
  Covering another City employee or law enforcement officer during an enforcement contact, including, but not limited to, PISOs, Parking Controllers, etc.
  Officers working plain clothes assignments are exempt from this policy.
  Arrests
  Officers may stop recording in the event mode when the arrestee is cooperative and safely secured inside a law enforcement facility. If an arrestee becomes uncooperative, or if there is some evidentiary purpose, officers should resume recording in the event mode.
  If an officer resumes recording in the event mode, the camera shall remain in event mode until the officer no longer has contact with the subject.
  Searches
  When searching a prisoner and without sacrificing officer safety, it is advantageous to position the search so that it is captured on camera. This starts the chain of custody by allowing any contraband or weapons found to be documented on the BWC recording.
  Officers should record during the execution of a search warrant, an arrest warrant, a Fourth Amendment waiver search, knock and talk, or a consent search in which the officer is looking for a suspect, evidence or contraband.
  During searches of commercial buildings or residential dwellings when there is a strong indication of encountering a suspect, while keeping officer safety as the primary concern, officers should activate their body worn cameras prior to making entry into the building. The recording of a suspect confrontation normally outweighs tactics potentially shown in the recording.
  Transporting Prisoners
  Officers equipped with BWC will record all prisoner or passenger transports, regardless of the gender of the prisoner or passenger. The entire transport will be recorded. Two officer units will be required to record with at least one BWC during transports.
  Officers equipped with a body worn camera may transport a female passenger and or prisoner without the required second officer if the body worn camera is recording during the entire transport.
  In addition to recording with their BWC, officers transporting female passengers and prisoners shall notify the radio dispatcher of their beginning mileage and ending mileage.
  Suspect Interviews
  Officers are encouraged to fully record suspect interviews. Officers shall not stop and start the recording during a suspect interview. The only exception to recording a suspect interview would be if the suspect declines to make a statement due to the body worn camera being activated.
  When recording interviews, officers shall ensure they record any admonishment prior to the start of an interview.
  Special Events
  When directed to work a special event, officers shall retrieve and use their BWCs. Officers shall comply with the provisions of the Department Procedure.
  Discretionary Recordings:
  Victim and Witness Interviews
  Scene Documentation
  Prohibited Recordings:
  Non-work related activity
  In areas or activities such as pre-shift conferences, Department locker rooms, break rooms, restrooms, or other activities not related to an enforcement contact or criminal investigation
  During Department administrative investigations
  During line-ups or briefings
  During major crime briefings, homicide briefings, or during a homicide walk-through
  During contact with confidential informants
  Patient privacy
  Demonstrations

California - San Francisco

  The December 2, 2015 draft policy required activation of body worn cameras during (1) detentions and arrests, (2) consensual encounters with the police, (3) 5150 evaluations, (4) traffic and pedestrian stops, (5) vehicular and non-vehicular pursuits, (6) use of force, (7) service of warrants, (8) searches , (9) transportation of arrestees or detainees, (1) during hostile citizen encounters, and (11) other circumstances where recording would be valuable. The draft policy indicated that cameras should not be activated when encountering (1) sexual assault and child abuse victims, (2) situations that could compromise the identity of confidential informants or undercover operatives, and (3) strip searches.
  Details of the final policy are less clear.

Colorado

  Colorado
  On May 20, 2015, Colorado passed HB 15-1285, legislation providing grants to expand the use of body cameras by police officers, but there are no statewide laws being proposed or on the books regulating use of body cameras. Colorado Republicans have stated that they will oppose any mandatory body camera bill, citing expenses to rural agencies.
  The legislation included creation of a study group that was tasked in part with collecting policies and studies concerning body-worn cameras by law enforcement officers, and recommending policies on the use of body cameras, including (a) when the cameras are required to be turned on; (b) when cameras must be turned off; (c) when cameras may be turned off; (d) when notification must be given that a camera is in use; and (e) when consent of another person is required for the continued use of a camera. This study was released in February 2016.
  Colorado does not have any laws providing special FOIA treatment for either dashboard camera or body camera footage.

Connecticut

  Senate Bill No. 349 disallows body-worn camera recordings of officers talking to other officers outside the scope of the officers’ duties; undercover officers or informants; an officer’s personal activities; an individual undergoing medical or psychological evaluation, treatment, or procedure; an individual in a hospital, medical facility, or mental health facility other than a suspect. The bill provides that these records are not considered public records.
  Senate Bill No. 349 also states that recordings at the scene of an accident that involves a victim of domestic or sexual abuse, a victim of homicide or suicide, or a deceased victim of an accident, if disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy of a victim or a minor shall not be subject to disclosure under FOIA.
  Senate Bill No. 1109 passed the Senate but did not pass the House; it died in June 2015. This was a broad bill concerning the excessive use of force, which included, among other things, mandates for body cameras for law enforcement. The Commissioner of Emergency Services and Public Protection, the board of police commissioners, the chief of police, the superintendent of police, and other authorities having charge over officers would determine the manner and times that such equipment would be worn. The bill would have also required training in the use of body-worn recording equipment.
  Senate Bill No. 770 also died, but would have created a pilot program for police body cameras.

Delaware

  According to the directive, officers must turn on cameras on "when an arrest or detention is likely; when the use of force is likely; or any other incident where the safety of people and property in Delaware is promoted.” It also states that body cameras should not be used during "encounters with undercover officers or confidential informants, and instances where a victim or witness could request the camera be turned off.”
  
  If body cameras fail to activate or their recordings were interrupted or ended during use, officers must document the reason why.

Florida

  House Bill No. 57 (later replaced by House Bill No. 93) originally called for every uniformed law enforcement officer in the state who is primarily assigned to patrol duties to be equipped with a body camera while performing those duties.
  House Bill 93 states that any law enforcement agency permitting its officers to wear body cameras is required to establish policies and procedures addressing the proper use, maintenance, and storage of body cameras and their data; requires a periodic review of actual agency body camera practices to ensure conformity with the policies/procedures; requires that audio/video data recorded by the body cameras be retained in accordance with the requirements of s. 119.021 except as otherwise provided by law.

Florida - Miami

  Under Directive 16-18, officers should activate body worn cameras prior to exiting their assigned vehicles, or as soon as practicable, when responding to a call for service or prior to engaging in any official law enforcement matter, including (1) traffic stops, (2) citizens contacts related to official law enforcement matters, (3) impaired driver investigations, (4) vehicular and non-vehicular pursuits, (4) calls for service, (5) transportation of prisoners or citizens, (6) all searches, (7) arrests, and (8) other legitimate law enforcement contacts. Officers should generally record until completion of the event, and are not required to obtain consent. However ,officers may respect the wishes of individuals in their homes, places of worship, or in hospitals.
  Cameras are not to be used during administrative or internal police matters.

Georgia None.

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