LINEVILLE PD - 424 - BODY WORN CAMERAS

LINEVILLE PD

GENERAL ORDERS LINCOLN POLICE DEPARTMENT

SUBJECT: PATROL OPERATIONS

TITLE: BODY WORN CAMERAS

EFFECTIVE DATE: JUNE 1, 2025

REVISION DATE:

ACCREDITATION: ALABAMA ASSOCIATION OF CHIEFS OF POLICE (AACOP)

APPROVAL: CHIEF DARREN E. BRITTON

BODY WORN CAMERAS

424.1 PURPOSE AND SCOPE

This policy provides guidelines for the use of body-worn cameras/portable audio/video recording devices by members of this department while in the performance of their duties. This policy does not apply to interviews, or interrogations conducted at any Lincoln Police Department facility, authorized undercover operations, wiretaps, or eavesdropping (concealed listening devices).

424.2 POLICY

The Lincoln Police Department will provide members with access to Body-Worn Cameras / portable recorders, either audio or video or both, for use during the performance of their duties. The use of recorders is intended to enhance the mission of the Department by accurately capturing contacts between members of the Department and the public.

424.3 MEMBER PRIVACY EXPECTATION

All recordings made by members on any department-issued device at any time, and any recording made while acting in an official capacity of this department, regardless of ownership of the device it was made on, shall remain the property of the Department. Members shall have no expectation of privacy or ownership interest in the content of these recordings.

424.4 MEMBER RESPONSIBILITIES

Prior to reporting for duty, each uniformed member shall ensure they are equipped with a Department-issued portable recorder and that the device is fully operational. In the event the recorder is found to be non-functional or a malfunction occurs at any time during a shift, the member shall immediately notify their supervisor and obtain a functioning replacement as soon as reasonably practicable. It is the sole responsibility of each employee to ensure their equipment is serviceable and operational at all times.

Any member assigned to a non-uniformed position may carry an approved portable recorder at any time the member believes that such a device may be useful. Unless conducting a lawful recording in an authorized undercover capacity, non-uniformed members should wear the recorder in a conspicuous manner.

Members should document the existence of a recording in any report or other official record of the contact, including any instance where the recorder malfunctioned or the member deactivated the recording. Members should include the reason for deactivation.

Members are also encouraged to provide a narrative with the video recording prior to each incident. The intent of this narration is to assist in the necessary written documentation and to assist the police officer in supporting probable cause for the incident. Certain aspects of a video/audio recording cannot be picked up by the camera i.e., smells, feelings, touch, etc. These types of things may help the Judge, Jury, and others understand what is going on at the time of the incident.

Failure to use the Body-Worn Camera recording systems as prescribed within this policy will result in disciplinary action taken against the offending member. Equipment failure, due to lack of inspection or negligence, shall not be considered a valid defense in any disciplinary proceeding.

424.4.1 END OF TOUR OF DUTY

The Body-Worn Camera will not be necessary to download video/audio every day but remember the more and the longer the videos that you have stored on the Body-Worn Camera system, the longer it will take to upload to the secure media storage. We will upload on the following schedule;

Immediately

After a critical incident in which the video/audio would assist investigators and/or the Chief of Police In determining what happened (i.e. -officer-involved shooting, vehicle pursuit, a fatality, a serious accident, or accident involving the patrol unit, etc....)

If the video/audio will be needed by the DA's office or other prosecution agency to obtain a warrants

If the video/audio is requested by the Chief of Police

Schedule uploading

At the end of your shift, depending on whether any evidentiary value was recorded or

At the end of your shift on your Sunday, Tuesday, or Thursday

424.5 ACTIVATION OF BODY WORN CAMERAS/PORTABLE AUDIO/VIDEO RECORDERS

This policy is not intended to describe every possible situation in which the recorder should be used, although there are many situations where its use is appropriate. Members should activate the recorder at any time the member believes it would be appropriate or valuable to record an incident.

The recorder shall be activated in of the following situations but not limited to:

All contacts with the public where the conversation/action is related to your duties as a law enforcement officer, i.e.,

Any call for service involving a crime where the recorder may aid in the apprehension and/or prosecution of a suspect

Responding to potentially significant situations, i.e., felonies in progress, fights, and other potentially violent situations

Any self-initiated activity in which an officer would typically notify dispatch and the recording would be useful.

Any other contact that may become adversarial after the initial contact in a situation that would not otherwise require recording;

Any other circumstances Where the officer believes that a recording of an incident would be appropriate.

All transports of in-custody persons and/or victims from the scene of the incident

Vehicle pursuits (i.e., primary and secondary responding units)

All domestic dispute/domestic violence calls

Suspicious persons, vehicles, incidents

All emergency vehicle operations

All crimes in progress

All traffic stops

Arrests

Actions that the audio/video recording may not be needed;

Talking with the general public on non-law enforcement-related matters

When talking with other law enforcement officers,

During meal breaks in public

424.5.1 CESSATION OF RECORDING

Once initiated, video/audio recording should not be terminated until the officers have resolved the incident and left the scene. The body worn cameras/portable audio/video recorders video recording may be terminated for the following reasons:

Supervisors may order an employee to stop recording.

Employees may discontinue recording if there is no evidentiary value in collecting further data.

Officers assisting on traffic stops will continue to record until the stopped vehicle departs or you leave the scene.

Audio may be temporarily stopped while officers are talking with other officers on the scene for safety, tactical, or non-evidentiary reasons.

Video/audio should not be stopped just because the person(s) you are talking to does not want to be recorded because they feel their privacy is being invaded.

The privacy laws were created long before video cameras were in existence. If you have a right to be there so does your video/audio recording device.

424.5.2 SURREPTITIOUS USE OF THE AUDIO/VIDEO RECORDER

Alabama law permits an individual to surreptitiously record any conversation in which one party to the conversation has given his/her permission.

Members may surreptitiously record any conversation during the course of a criminal investigation in which the member reasonably believes that such a recording will be lawful and beneficial to the investigation.

Members shall not surreptitiously record another department member without a court order unless lawfully authorized by the Chief of Police or the authorized designee.

424.5.3 EXPLOSIVE DEVICE

Many portable recorders, including body-worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present.

424.6 AXON BODY 4 and FLEET 3 CAPABILITIES

Livestream

(a) A member's BWC may Livestream a recording via Evidence.com in order to be viewed by authorized users in real-time. Only authorized users designated by the Chief of Police shall utilize the Livestream feature. The BWC Coordinator shall assign Livestream permissions to only authorized users.

(b) Authorized users may Livestream BWC footage in order to assist a member, to deploy additional resources, or check for compliance. Instances where authorized users may Livestream a BWC include, but are not limited to:

An ongoing critical incident (e.g., firearms discharge, CEW deployment, or hot pursuit),

Active shooter situations where command requires multiple viewpoints to coordinate a safe response,

A hostage/barricade situation,

At a member's request, or

During community interactions such as business checks.

(c) NOTE: While the Livestream feature is a tool for authorized users to assist members, its use shall not preclude the responsibilities of supervisors and the Communications Section to respond to an incident and/or notify additional resources as required in LPD policy.

(d) The details of all access to the Livestream feature are automatically recorded in the Audit Log of any corresponding BWC recording(s).

(e) Authorized users shall not Livestream the BWC of members for purposes unrelated to operational necessity or compliance reviews.

424.7 PROHIBITED USE OF PORTABLE RECORDERS

Members are prohibited from using department-issued portable recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on-duty or while acting in an official capacity.

Members are also prohibited from retaining recordings of activities or information obtained while on-duty, whether the recording was created with department-issued or personally owned recorders. Members shall not duplicate or distribute such recordings, except for authorized legitimate department business purposes. All such recordings shall be retained at the Department. (A violation of this policy shall result in an automatic 3-day suspension on the first offense.)

Members are prohibited from using personally owned recording devices while on-duty without the express consent of the Chief of Police. Any member who uses a personally owned recorder for department-related activities shall comply with the provisions of this policy, including retention and release requirements, and should notify the on-duty supervisor of such use as soon as reasonably practicable.

Recordings shall not be used by any member for the purpose of embarrassment, harassment or ridicule.

424.8 IDENTIFICATION AND PRESERVATION OF RECORDINGS

To assist with identifying and preserving data and recordings, members should download, tag or mark these in accordance with procedure and document the existence of the recording in any related case report. A member should transfer, tag or mark recordings when the member reasonably believes:

(a) The recording contains evidence relevant to potential criminal, civil or administrative matters.

(b) A complainant, victim or witness has requested non-disclosure.

(c) A complainant, victim or witness has not requested non-disclosure but the disclosure of the recording may endanger the person.

(d) Disclosure may be an unreasonable violation of someone’s privacy.

(e) Medical or mental health information is contained.

(f) Disclosure may compromise an undercover officer or confidential informant.

Any time a member reasonably believes a recorded contact may be beneficial in a non-criminal matter (e.g., a hostile contact), the member should promptly notify a supervisor of the existence of the recording.

424.8.1 RETENTION REQUIREMENTS

All recordings shall be retained for a period consistent with the requirements of the established records retention schedule.

424.9 REVIEW AND RELEASE OF RECORDED MEDIA FILES

When preparing arrest and/or Incident/Offence reports to ensure proper documentation of the incident/event, members should review their recordings as a resource. (See the Officer-Involved Shootings and Deaths Policy for guidance in those cases.) Members should not use the fact that a recording was made as a reason to write a less detailed report. However, members shall not retain personal copies of recordings.

Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct or reports of meritorious conduct or whenever such recordings would be beneficial in reviewing a member's performance. Recorded files may also be reviewed:

(a) Upon approval by a supervisor, by any member of the Department who is participating in an official investigation, such as a personnel complaint, administrative investigation, or criminal investigation.

(b) Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case.

(c) In compliance with a public records request, if permitted, and in accordance with the Records Maintenance and Release Policy.

(d) Consistent with state law, upon receiving a written request from an individual or authorized personal representative of an individual whose image or voice is the subject of the recording (Ala. Code § 36-21-213).

The review shall be limited to portions of the recording that are relevant to the request.

Requests should be denied if there is a reasonable belief that disclosure would compromise the integrity of an active investigation or prosecution.

The release of videos produced by the Lincoln Police Department should be done at the discretion of the Chief of Police or by court order. The video/audio is not to be released to any news media, websites, defense attorneys, wire transferred, and/or sent to anyone else without a court order, following the Alabama Rules of Discovery, Alabama Rules of Civil Procedures, or without the permission of the Chief of Police. No copies of the video/audio shall be made without the authorization of the Chief of Police and/ or his designee.

Media requests for copies of video/audio will be referred to and handled by the Chief of Police or his/her designee.

Video/audio recordings will not be released and/or used for political gains, to intimidate anyone, or to embarrass, humiliate, or to be used other than its intended purpose as a silent witness to facts.

All recordings should be reviewed prior to any public release (see the Records Maintenance and Release Policy).

Minor infractions (not criminal in nature) discovered during the routine review of recorded material should be viewed as training opportunities and not as routine disciplinary actions. Should the behavior and/or action become habitual after being informally addressed, the appropriate disciplinary and/or corrective action shall be taken.

424.9.1 PREPARING FOR COURT

If video/audio is going to be used for court, it is recommended that you review your video prior to your court date. Due to the fact that the video/audio is "Officer's Point of View,'' the prosecutor should be told that your testimony will be what was on the video and nothing more. The body-worn camera media is recording all that you see, hear, and do.

Some examples;

DUI case - "Sir, the reason I am stopping you is you failed to stop for that stop sign back there. Sir, was there a reason for that? Sir, have you been drinking tonight? I smell a strong odor of an alcoholic beverage coming from your breath"

Marijuana case - "We are walking up to apartment 25, and there is a strong odor of burnt or burning marijuana coming from an open window next to the front door"

424.9.2 COURTROOM TESTIMONY

The use of a body-worn camera video/audio in the courtroom is to enhance officer testimony and to be a silent, impartial, non-judgmental witness for all the parties involved in the case. This will be accomplished by the following:

To provide an accurate depiction of events for courtroom presentation.

To accurately capture statements and events during the course of an incident.

To enhance the officer's ability to document statements and actions for courtroom preparation.

Prior to courtroom testimony, the prosecutor should be made aware that a video/audio of the incident is present and ready to be viewed. The prosecutor should be made aware that a video/audio of the incident is "Point of View" from the officers' standpoint and the only answers that you will be able to provide are all on the video/audio.

424.10 COORDINATOR

The Chief of Police is the administrator of the Body-Worn Camera system. The Chief of Police may delegate a designee and/or representative to coordinate the program. The Chief of Police or his/her designee shall authorize Lincoln Police Department officers to be equipped with body-worn camera systems. A body-worn camera system shall consist of a small video camera, a mounting device, and a controller. A unique password for each officer and the coordinators of the account protects the secure media storage account.

Videos will be uploaded to a secure media storage platform through a connection device. They will then be safely stored, managed, and sent via email to attorneys, courts, news media, or any other requesting parties in accordance with the applicable laws or court subpoenas. If necessary, the video can be downloaded to a digital storage device, such as a flash drive, computer hard drive, CD/DVD, etc., from the secure media storage. The original video transferred is encrypted and cannot be altered in any way. The video can be downloaded from the secure media storage in a common format. However, if it is downloaded, the original encrypted video will be converted to an unencrypted common format.

The Chief of Polices appointed coordinator will be responsible for:

(a) Establishing procedures for the security, storage, and maintenance of data and recordings.

(b) Establishing procedures for accessing data and recordings.

(d) Establishing procedures for transferring, downloading, tagging, or marking events.

(e) Coordinate with the appropriate device vendors to ensure proper maintenance and obtain any necessary contract quotes.

These policies and operating procedures are not designed to cover every possible scenario or situation in society, but rather to define standard operating procedures for members of the Lincoln Police Department. These guidelines are subject to past, present and future judicial review. These guidelines can be amended and or repealed by the Chief of Police as necessary. The policies and procedures herein provided supersede all previous policies and orders.

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