Henderson County Sheriff’s Department GENERAL ORDER OP-A-3

MOBILE AND PERSONAL VIDEO/AUDIO RECORDING EQUIPMENT

EFFECTIVE DATE

3/23/09

REVISION DATE

2/24/10

POLICY It is the policy of the Henderson County Sheriff’s Department that members assigned mobile video/audio recording (MVR) equipment and personal video/audio recording (PVR) equipment will utilize the equipment for the purpose of collecting evidence that will be used in the prosecution of those who violate the law and to enhance officer safety. In this policy the department provides guidelines for the use of MVR & PVR equipment and the retention and disposition of recordings. The equipment can be used for any lawful police purposes, such as traffic stops, surveillance and pursuits. INSTALLATION & REPAIR PROCEDURES A. No MVR equipment shall be installed in any department vehicle unless

supplied and installed at the direction of a supervisor. B. The MVR equipment shall not be disconnected or removed for repairs except

at the direction of a supervisor. C. The MVR equipment shall be set to automatically record whenever: 1. The emergency lights are activated for more than 2 seconds; 2. The siren is activated for more than 5 seconds; 3. The wireless microphone transmitter is activated; 4. The speed of the department vehicle exceeds 80 mph; or 5. The internal crash sensor is activated. D. The MVR equipment assigned to a department vehicle will be the

responsibility of the officer assigned the vehicle. Proper care and maintenance shall be in compliance with the manufacturer’s recommendations.

E. Prior to each shift, officers shall determine whether their MVR equipment is working satisfactorily. Officers shall bring any problems at this time, or other times in which a problem occurs, to the attention of a supervisor who will then document the equipment problem on the MVR Maintenance Log. This notification may be made by e-mail during hours when a supervisor is not available. The Administrative Captain shall be responsible for making arrangements for the repairs. (The malfunction of a MVR does not prevent a unit from continuing his shift in his assigned vehicle.)

F. Officers shall never attempt any repair of the equipment that would require going into the internal parts of the MVR equipment.

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G. In the event an MVR equipped vehicle is involved in a collision, the immediate

supervisor of the officer involved shall ensure appropriate measures are taken to protect the MVR equipment from exposure to the elements or further damage. If necessary, arrangements shall be made for a qualified technician to remove all, or part, of the MVR equipment. Steps shall be taken to preserve and download any recording files still on the MVR.

OPERATIONAL PROCEDURES A. Officers who are equipped with MVR equipment shall keep the MVR on and

ready for use anytime the vehicle is in motion. They shall use the MVR on all traffic stops, vehicle pursuits, prisoner transports, and emergency response driving situations. In doing so, the officer shall ensure to the extent possible that:

1. The video recorder is positioned and adjusted to record events; 2. On a traffic stop, the MVR and wireless microphone is not deactivated

until the enforcement action is completed; 3. At the time the MVR is activated, the commercial radio in the patrol car

should be turned off or the volume decreased so as not to interfere with the audio recording quality; and

4. During police pursuits and other emergency response driving situations, the MVR continues to record until the end of the incident.

5. During prisoner transports, the camera for the prisoner compartment is activated. Recording shall continue until the transport is finished.

B. MVR equipment may be manually deactivated during non-enforcement activities or non emergency response activities when emergency equipment is being used (Directing traffic, funeral details, etc.).

C. Officers are encouraged to manually operate the MVR equipment to record driving performances of a motorist that may provide reasonable suspicion for a traffic stop or arrest. (DUI, reckless driving, etc.)

D. Officers should provide narration with the video recording preparatory to each stop. The intent of this narration is to assist the officers in developing written documentation and to assist in supporting reasonable suspicion for the stop.

E. Officers should keep their MVR equipment on when they are out of their patrol vehicle on an assignment where a need may exist to utilize the microphone capabilities. This will enable the officer to substantiate, or assist with, documentation of their law enforcement duties, (domestic violence disturbance, etc.) or to serve the best interests of the officer or the department.

F. Officers may also use their MVR equipment to record: 1. The actions of suspects during impromptu interviews, when undergoing

sobriety checks or when placed in custody if the recording would prove useful in later judicial proceedings;

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2. The circumstances at crime and accident scenes or other events such as the confiscation and documentation of evidence or contraband; and/or

3. Any other incident that the operator determines is appropriate. G. Back-up officers who arrive on scene to assist another officer and who have

MVR recording capabilities will make a reasonable effort to ensure their MVR equipment is operating properly and recording events in accordance with the requirements of this policy.

H. Officers shall upload all MVR recordings at least once each shift. All recordings shall be uploaded before an officer is scheduled for regular days off or vacation. Otherwise, recordings made towards the end of a shift may be uploaded the next day.

I. Officers shall save all PVR duty related recordings to the designated PVR folder at least once each shift. All recordings shall be saved before an officer is scheduled for regular days off or vacation. Otherwise, recordings made towards the end of a shift may be saved the next day.

J. PVR recordings shall be saved in the following format: Two digit year, dash, six digit CAD number, space, three digit badge number (example 10-012345 100).

K. Officers shall note in the narrative of citations, case reports and related documentation when MVR & PVR recordings were made during the incident in question. [ KRS 189A.100 (3)]

L. Officers shall note on the CAD whenever the MVR or PVR is used to record on duty events.

M. The MVR system has several fields built into the storage system for use in categorizing and searching for recording files. Required fields must be filled out by the day following the shift in which the recording is made. The following are required fields: “Offense” and “Lock”. The following fields are optional: “Case #”, “CAD #” and “Citation #”.

N. Officers may use the PVR in addition to the MVR. O. The PVR shall be used:

1. On all domestic violence calls. 2. On any call where the officer must enter a dwelling. 3. When executing search warrants on any building, vehicle or person . 4. When serving arrest warrants (excluding situations where an arrest warrant

is served at the jail, courthouse or police station). 5. In situations where the MVR is normally required but is not available for

use. 6. When ordered by a supervisor. A supervisor may direct an officer to use

the PVR in any individual situation or may temporarily direct an individual officer to use the PVR in a wider variety of situations than normally required for training purposes or to address a particular problem.

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P. A supervisor may make exceptions to the above requirements in any individual situation.

Q. Exigent circumstances, officer safety and equipment failure will be taken into account for an officer’s failure to use the PVR in the above situations.

R. Officers are encouraged to use the PVR in other situations where it will be

beneficial such as impromptu interviews of witnesses, victims, suspects or informants, while conducting criminal investigations, investigating serious vehicle collisions, etc. (Formal interviews where an audio recording device is being used do not require the use of the PVR). The failure to use the PVR in an individual event of this type will not be the basis for disciplinary action, but an officer may be counseled for the habitual failure to use the PVR when it would be of benefit.

RESTRICTIONS A. Use and retention of MVR & PVR recordings made by law enforcement officers is governed by KRS 189A.100 (2) & (3). The following is a summary of applicable sections:

(2) Law enforcement agencies may record on film or videotape or by other visual means the pursuit of a violator or suspected violator, the traffic stop, or field sobriety test administered at the scene of an arrest for violation of KRS 189A.010 or such tests at a police station, jail, or other suitable facility subject to the following conditions:

a) The testing is recorded in its entirety (except for blood alcohol analysis testing): and ) f) The videotape or film taken in accordance with this section shall, upon order of the District Court, be destroyed after the later of the following:

1. Fourteen (14) months, if there is no appeal of any criminal or traffic case filed as a result of the videotape or film, or if the videotape or film does not record the actual happening of an accident involving a motor vehicle; 2. Fourteen (14) months after a decision has been made not to prosecute any case upon which an arrest has been made or a citation issued as a result of the videotape or film, if the videotape does not record the actual happening of an accident involving a motor vehicle; 3. Twenty-six (26) months, if there is no appeal of any criminal or traffic case filed as a result of the videotape or film, if the videotape or film records the actual happening of an accident involving a motor vehicle;

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4. After all appeals have been exhausted arising from any criminal or traffic case filed as a result of the videotape; 5. At the conclusion of any civil case arising from events depicted on the videotape or film; or 6. At the conclusion of the exhaustion of all appeals arising from any law enforcement agency administration proceedings arising from events depicted on the videotape or film; and

g) Public officials or employees utilizing or showing recordings other than as permitted in this chapter or permitting others to do so shall be guilty of Official Misconduct in the First Degree.

(3) When a peace officer makes a videotape or film recording of any transaction covered by subsection (2) of this section and a citation is issued or an arrest is made, the peace officer shall note on the uniform citation that a videotape has been made of the transaction.

B. Officers shall not afford individuals the opportunity to review a segment of any

official MVR or PVR recording of this department without prior authorization of the Sheriff or his designee. This does not apply to recordings being reviewed for court purposes by authorized personnel.

C. Except for evidentiary purposes, copying or reproduction of a MVR or PVR recording or any segment thereof generated by the department must be authorized by the Sheriff or his designee. 1. Any person/firm making an authorized request for a copy of a recorded

incident must provide new blank recording media. This is not applicable to recordings made for prosecutors.

2. Only portions applicable to the request will be copied D. When unusual, exceptional, or felonious incidents are recorded and

perceived to be of value as a training aid, requests shall be directed to the Patrol Lieutenant to duplicate the recording. Any such duplicated files shall be retained by the Patrol Lieutenant and only used for training purposes at his direction. If the training involves personnel outside this department, authorization is needed from the Sheriff or his designee.

E. Officers may display and demonstrate MVR & PVR equipment to interested parties during the course of their duties. The use of official department recordings during demonstrations are subject to restrictions in this section.

F. All officers have the capability of reviewing all downloaded MVR & PVR files. Officers shall obtain the permission of the investigating officer or a supervisor before viewing the files of other officers. Any supervisor may review any MVR or PVR file at any time.

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RETENTION

A. MVR files are set up to delete automatically according to how they are categorized. File categories shall be set to be retained for the following time periods before deletion:

6 Months 12 Months Manual Deletion

1 - Alarm 3 – Assault (Felony) 75 - DUI

16 - Fight 4 – Assault (Misd) Unassigned

17 - Drunkenness 8 – Burglary (Res)

21 – Prisoner Escort 9 – Burglary (Other)

29 – Hazard 13 – Domestic Disturbance

34 – Juv Disturbance 30 – Officer Emergency

44 – Mental Complaint 43 – Suspect w/Weapon

51 – Prowler 54 – Armed Robbery (Bldg)

61 – Service Call 55 – Armed Robbery (Other)

69 – Suspicious Circ. 56 – Strongarm Robbery

70 – Abandoned Veh. 72 – Injury Accident

71 – Parking Compl. 76- Reckless Driving

73 – Noninjury Acc. 77 – Traffic Stop

74 – Traffic Control 78 - Narcotics

Automatic Activation

B. Officers have the option of locking any file regardless of the category assigned based on a specific need. The file will not delete until it is unlocked. C. Any MVR file made on an incident for which a criminal case has been opened shall be saved to DVD and turned in as evidence with the case. The officer to which the MVR is assigned shall supplement the case and turn in the DVD copy with an evidence form if he is not the case officer. D. Files shall be assigned for the highest category of retention. For example, an MVR recording made on a fight complaint shall be categorized as an assault if a case was opened or an arrest made for assault. An MVR recording made on an alarm complaint shall be categorized as a burglary if a case was opened for burglary. E. MVR & PVR recordings made on DUI stops will not be deleted until an order is received from District Court. A copy of the District Court order shall be kept on file for two years after the file is deleted.