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Anchorage Police Department Operational Procedures

Regulations and Procedures Manual 3.10.110


Policy and Procedure Title Effective Date
Body Worn Cameras TBD Page 1 of 8
Replaces Prior Policy: Approved by:
N/A Chief Michael Kerle
This Policy is for departmental use only and does not apply in any criminal
or civil proceeding. This Policy should not be construed as the creation of
a higher legal standard of safety or care in an evidentiary sense with
respect to third-party claims. Violations of this Policy will only form the
basis for departmental administrative sanctions. Violations of law will form
the basis for civil and criminal sanctions in a recognized judicial setting.
3.10.110 Body-Worn Cameras
PURPOSE
To establish departmental guidelines and limitations for the use and
management of a body-worn camera system.
POLICY
It shall be the policy of the Anchorage Police Department that officers shall
activate their body-worn camera when such use is appropriate to the proper
performance of his or her official duties, where the recordings are consistent with
this policy and law. The Anchorage Police Department will utilize the ______
camera system.
DEFINITIONS
Body-Worn Camera System (BWC): A body-worn audio/video recording system
primarily consisting of a camera and an internal battery pack.
Digital Evidence Software: A secure video file management system required for
downloading, storing, and retrieving video files recorded with the body-worn
camera system.
Digital Multimedia Evidence (DME): All digital recordings, including but not limited
to audio, video, photographs, and their associated metadata. Metadata includes
any digital identifiers that are captured as part of the actual recording, such as
date/time, GPS coordinates, labeling, etc.

PROCEDURES
I. PROCEDURES

A. General

This policy is not intended to describe every possible situation in which


a BWC should be used. Sound judgment and discretion shall dictate
when a BWC is activated.
The Anchorage Police Department has authorized the use of BWCs.
The Department will use the BWC to document events and capture
data which will be preserved on a secure server. Once captured,
these original recordings cannot be altered in any way. APD has
adopted the use of BWCs to accomplish the following objectives:
1. To enhance officer safety.
2. To accurately capture statements and events during an
incidents.

3. To enhance the accuracy of officer reports and testimony in


court.

4. To preserve visual and audio information for use in current and


future investigations.

5. To provide an impartial review for self-critique and field


evaluation during officer training or coaching and mentoring
sessions.

6. To enhance the public’s trust by preserving factual


representations of officer-citizen interactions in the form of video
and audio recordings.
B. Equipment Use

1. BWCs shall be operated in accordance with the manufacturer’s


guidelines and APD training and policies.

2. Use of personally owned recording devices is prohibited.

3. Prior to each shift, officers shall inspect the body-worn camera


for any physical damage and to ensure the system is fully
charged and operational.

4. Malfunctions, damage, loss, or theft of any part of a BWC shall


be immediately reported to a supervisor.

5. Officers shall position the BWC as specified by manufacturer


recommendations and APD training.

6. All captured digital recordings shall be uploaded to the digital


server daily. The recordings shall be uploaded as specified by
APD training.
C. Operational Use

1. Officers in uniform performing patrol or crime supression duties


shall wear a BWC at all times while on-duty. Other sworn
officers may be assigned a BWC based on operational needs
and are subject to this policy when a BWC is issued to them.

2. While it is generally implied that words and/or actions performed


in the presence of a police officer have no expectation of
privacy, if asked, the officer will inform the person they are being
recorded.

3. Private citizens shall not be allowed to review BWC footage


without making a public records request.

4. Officers who are assigned a BWC shall record all calls for
service or when initiating an encounter with the public unless
otherwise excepted under this policy or it is unsafe, impossible,
or impractical to do so, including, but not limited to, the following
situations:

a. Vehicle and pedestrian investigative detentions and


stops;
b. Observed unlawful conduct;
c. Use of force;
d. High-risk situations;
e. Advising an individual of Miranda rights;
f. Statements made by suspects, victims, or witnesses;
g. Vehicle searches;
h. K-9 deployments;
i. Physical arrest of persons;
j. Observed items of evidentiary value;
k. Service of a search warrant;
l. An encounter initiated by a private person (flag down);
m. Any contact that becomes adversarial after the initial
contact in a situation that would not otherwise require
recording;
n. Any other circumstances where the officer believes
recording an incident would be appropriate.

5. Contacts shall be recorded in their entirety unless a limitation


listed below in section D applies.

6. If an officer fails to activate the BWC, fails to record the entire


contact, or interrupts the recording, the officer shall document
why a recording was not made, was interrupted, or was
terminated.
7. If it becomes necessary to discuss issues in private with a
supervisor or another officer regarding an encounter or call for
service, the officer may turn off their BWC to prevent their
private conversation from being recorded. The officer shall
document this.

8. Once a body-worn camera is activated, it shall not be


intentionally turned off until the incident has reached a
conclusion. Additional police officers arriving on a scene that
have been issued or assigned a body-worn and dashboard
camera shall also record the interaction with the public and shall
also continue to record until the completion of the incident. For
purposes of this policy, conclusion of an interaction with the
public occurs when a police officer terminates his/her law
enforcement contact with a member of the public.

9. BWCs do not need to be utilized during custodial interviews


when other Department video recording methods are being
used. BWCs may be used in place of a digital recorder to
document interviews, to include custodial interviews.

10. Officers may discontinue the use of BWCs while investigating


sexual assaults, sexual assaults of a minor, and child abuse if
the victim, the parent of a minor, or the guardian of a minor
requests. For example, the victim requests the video recording
is turned off. If the contact is not recorded on a BWC, the officer
shall audio record the contact.

11. The use of a BWC does not replace the officer’s obligation to
document police operations as outlined in the department policy
manual.

12. Whenever an officer records an incident or any portion of an


incident, which that officer reasonably believes will likely lead to
a citizen complaint, the officer shall immediately bring it to the
attention of his/her supervisor.

13. In situations requiring a report and/or citation, officers shall


document the use of a body-camera in the following manner:

a. Within the synopsis and narrative portions of an incident


report.
b. Within a supplemental report
c. As a notation on a citation
D. Limitations on the use of the BWC

1. BWCs shall not be used to record:

a. Communication with other police personnel or


government employees where facts and circumstances
of the case are being discussed unless they are a
witness, victim, or suspect in the investigation;

b. Communications with attorneys at the Municipal


Attorney’s Office, Municipal Prosecutor, State District
Attorney’s Office, State Office of Special Prosecution,
and United States Attorney’s; or

c. Encounters with undercover officers or confidential


informants.

2. Officers should minimize recording persons who are naked.

3. Officers should use caution when recording in locations


where individuals have a reasonable expectation of privacy.
Accordingly, when responding to locations such as a locker
room, restroom, church worship area, school, mental health
facility, or patient care area of a medical facility, officers should
minimize the recording of uninvolved people.

4. Officers may discontinue recording in a private residence if a


witness, victim, or independent third party requests not to be
recorded. Officers may audio record the interview. Officers
should be cautious not to record on a BWC areas of a private
residence outside the scope of the investigation.

5. Officers should discontinue recording when on break or


otherwise engaged in personal activities.

6. Task Force Officers will only use BWCs if assigned by their


Federal Agency.

7. BWCs may not be used for personal use and officers may not
copy, download, or convert any BWC recordings for personal
use, including posting on any type of social media.

E. Reviewing, copying, and deleting recordings

1. Officers may copy recordings for the following reasons:


a. Traffic court or Administrative Hearing Officer
Proceedings;
b. Pursuant to a subpoena or other court order; and
c. Training purposes, only with approval from the Division
Captain.

2. Officers may review or copy recordings, except in the following


circumstances:

a. When there is an in-custody death, use of deadly force,


or other critical incident; or

b. When an employee is the subject of a criminal


investigation in which the officer is suspected of a crime.

c. After the officer provided a statement or documented the


force actions in a police report where hard empty hand
and/or intermediate weapons were used or where the
subject has an injury or a complaint of an injury that
requires medical treatment.

3. BWC footage may be released in accordance with Anchorage


Municipal Code 3.90 (Access to Public Records). All requests
shall be made to and processed through APD Records.

4. Officers may request deletion of unintentional recordings


through their chain of command, and requires approval and
documentation up to the Divisional Deputy Chief.

F. Releasing Body-Worn Camera Recordings

1. Body-Worn Camera recordings are public records as defined by


the Alaska Public Records Act and shall be released using the
statutory and regulatory guidelines of Anchorage Municipal
Code 3.90 (Access to Public Records).

2. Body-Worn Camera recordings that are associated with active


criminal, civil, or administrative court proceedings, or open
criminal investigations should not be released until the court
proceedings and/or investigation is closed.

3. The Chief of Police may proactively release Body-Worn Camera


recordings associated with officer involved shootings or other
critical incidents before an investigation or criminal court
proceeding is complete. Criminal investigative interviews with
the involved officers, witnesses, and victims should be
completed prior to the public release.

G. Supervisor Responsibilities

1. Supervisors or other persons designated by the Chief of Police


may only review recordings when the recordings are determined
to have captured information specific to the following
circumstances:

a. When investigating a complaint of alleged misconduct;

b. When reviewing a use of force;

c. To address specific employee performance issues;

d. To ensure the equipment is operating correctly;

e. To review reports of meritorious conduct;

f. At the request of an officer who was wearing a BWC;

g. To identify recordings that would be a beneficial training tool


and as a method to identify areas for improvement and
recognize good behavior, provided that these recordings
shall be used for training only.

2. Supervisors must notify the employee upon reviewing the


officer’s BWC recording under Section 1 (a) – (f) above.
Supervisors shall articulate in their investigatory narrative the
underlying purpose for review and how the inadvertant
discovery of misconduct during these permitted reviews
occurred.

3. Supervisors must ensure officers are equipped and using BWCs


in accordance with this policy.

4. Supervisors may be asked to secure officers’ BWCs


immediately following high-profile incidents (e.g. officer-involved
shootings) and ensure they are uploaded.

F. Training

1. Only trained personnel are permitted to operate BWCs.

2. The Training Center will maintain all training curriculum related


to BWCs.
3. Recordings that may be of value for training purposes should be
brought to the attention of a Division Captain. Such recordings
are to be handled in a manner that protects the integrity of
investigations, criminal prosecutions, civil litigation, and
administrative actions. Generally, recordings may be used for
training purposes only after all investigations, litigation, and
administrative matters are closed. Additionally, prior to any
recordings being used for training purposes, a Division Captain
will notify all involved officers. If an involved officer objects to the
use of the recording for training, the Division Captain will
determine whether other training resources exist that serve the
same purpose. Only in extraordinary circumstances where there
is no other reasonable training resource should the recording be
used for training over the objection of the involved officer, and
only with permission of a Deputy Chief of Police.

G. Safeguarding recordings

1. IT personnel will ensure employees that are no longer


authorized to use/view recordings are removed from the system.

2. IT personnel will ensure safeguards are in place to protect


against unauthorized use/view of recordings.

H. BWC footage will be retained for the following time period:

1. Non-Crime / Traffic: 2 Years

2. Misdemeanor Crimes: 5 Years

3. Felony Crimes: 10 Years

4. Major Crimes: Indefinitely

If this policy conflicts with the APD Records Retention Schedule, the
Records Retention Schedule controls.

I. Policy Review

The BWC policy will be reviewed every two years, or sooner, at the
direction of the Chief of Police.

***END OF DOCUMENT***

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