4.

06

Operational General 4.06 Body-Worn Camera ORIGINATOR/REVIEW

Order (BWC) Operations Division
SUBJECT DISTRIBUTION
Virginia Beach Police Department General Order ALL
Chapter 4 - Reporting and Fiscal Management
CALEA: 41.3.8 (A, B, C, D)
BY THE AUTHORITY OF THE POLICE CHIEF:

Definitions:
Body-Worn Camera (BWC) - a recording device worn by the officer on the
uniform that captures audio and video of the encounter between the officer and
citizens.
Evidentiary value - any information captured on the officer’s BWC that will likely
aid in a criminal or traffic investigation.
Law enforcement action – any official actions taken by officers of this
department in the performance of their duties: these include, but not limited to:
traffic stops, calls for service, investigative stops, crash investigations, citizen
interviews, and any other situation where an officer may have an accusatorial
encounter with citizens.
Program Administrator – Agency employee assigned to Internal Affairs who
has exclusive edit and purge rights of all videos captured by officers/detectives
that use BWCs.
Program Facilitator – Agency employee assigned to a command who has
limited access rights to update logistical information regarding BWCs.
Use-of-force – Reportable force as defined in General Order 5.01, Use of Force.
Purpose:
The Virginia Beach Police Department will deploy Body-Worn Cameras (BWCs) when
providing police services to promote accountability and transparency to our community.
Policy: (CALEA 41.3.8A)
It is the policy of the Virginia Beach Police Department to issue Body-Worn Cameras
(BWCs) to all sworn personnel who shall utilize the equipment as specified in this policy.
The policy will augment GO 4.05, Electronic Data Management, and specifically
addresses body-worn cameras. All recordings are property of the Virginia Beach Police
Department and cannot be edited or disseminated without the approval of the Police
Chief or designee.

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Policy/Guidelines for Use: (CALEA 41.3.8)

A. Administration - Body-Worn Cameras (BWC) are for official Department use only.
Intentional abuse or misuse of the equipment or malicious violation of this policy
may result in disciplinary action.
1. All sworn personnel shall be issued BWCs to be worn in accordance with this
policy. Cameras will not be shared or used by other officers unless approved
by the command/program facilitator.
2. Unauthorized reproduction of a BWC/In-Car Camera recording is prohibited.
3. BWCs shall be worn when working in an on- or off-duty uniformed
assignment, excluding court appearances when off-duty. Officers working off-
duty employment will abide by the provisions of this order (same as on-duty).
4. Sworn personnel who primarily work in an administrative or investigative
capacity will not be required to wear a BWC while on routine assignment. If
the member reports for duty to work in an operational capacity, or elects to
work an off-duty assignment, they shall wear a BWC in accordance with this
policy.
5. Officers who work in assignments that involve the potential for call-out will be
assigned a second BWC.
6. The camera shall be worn in a manner that captures the best point-of-view,
unobstructed, and is in accordance with training.
7. Officers shall power on their BWC at the beginning of each shift to ensure
the equipment is in proper working order. The BWC is to remain powered on
for the duration of the shift, except in circumstances outlined in this policy.
Any problems with the equipment shall be reported to a supervisor.
8. BWCs shall be used to record pre- and post-shift vehicle inspections.
9. BWCs shall be docked at the conclusion of each shift to allow video
uploads/device updates to occur. When working an off-duty assignment is
anticipated, officers shall dock the BWC at the conclusion of their shift, and
then take the device to their off-duty assignment once the upload process is
complete. Officers will be responsible for ensuring the device is properly
charged for their next shift.
10. Officers must ensure the BWC data is uploaded to Evidence.com and
categorized as required.
11. Personnel shall not review BWC or In-Car Camera (ICC) recordings related
to a use of force that results in death or serious bodily injury to an officer
and/or other involved persons, or those videos related to a critical incident,
prior to the submission of a BlueTeam report. All other recordings may be
reviewed to assist in completing investigative/use of force reports.

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12. Officers shall attach any BWC video to their BlueTeam report and submit in
accordance with General Order 5.01, Use of Force.
13. Officers shall not edit or delete any recordings. Original recordings may only
be edited or purged as authorized by the Commanding Officer of Internal
Affairs. If a video is edited for any reason, the original intact video will be
maintained by Internal Affairs.
14. Recordings associated with a case involving the Commonwealth Attorney
(CWA) shall be shared to OCA Evidence, Agency: City of Virginia Beach
(VA) Commonwealth Attorney within 7 calendar days. Officers shall edit the
title of the BWC to the suspect’s full name.
15. When officers receive a notice of appeal of a misdemeanor case, they shall
edit the title of the BWC to “Appeal-insert suspect’s full name”. The officer will
then share the case with OCA Evidence, Agency: City of Virginia Beach (VA)
Commonwealth Attorney within 7 calendar days of receiving the notification.
16. Officers must receive supervisory approval prior to viewing another officer’s
BWC or In-Car Camera recording(s).
17. Each command shall designate a supervisor to act as the Program
Facilitator. The Program Facilitator will ensure compliance with this policy
and that equipment is properly assigned to each officer.
18. All videos shall contain tracking software (audits) to indicate who has viewed
the footage and if the data was edited. Officers are reminded that every login
access is documented in the video’s audit trail. Officers must note the
purpose of viewing the recording in the comments section.
B. Supervisor Responsibilities:
1. Sergeants shall ensure BWCs are utilized in accordance with this policy.
2. Sergeants shall inspect BWCs monthly and document the inspection on the
PD-42 Personnel Inspection form.
3. Any defects with BWCs will be reported to their Command’s Site Facilitator
for repair or replacement of the equipment.
4. Sergeants shall conduct a minimum of one administrative BWC review per
month for each officer assigned to them. These reviews shall be separate
and apart from those pertaining to a use of force, citizen complaint, or ones
initiated by the officer. Supervisors shall conduct these reviews using Axon’s
Performance software to ensure proper documentation occurs.
5. Sergeants shall ensure officers are docking their BWC at the end of each
shift.
6. Sergeants shall ensure officers are categorizing videos as specified in
training.

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7. If an allegation made against an officer is criminal in nature, the supervisor

who receives the allegation may review BWC video, but they shall
immediately notify Internal Affairs to restrict access to any involved videos.
C. Equipment, Training, and Assignment: (CALEA 41.3.8 E, F)
1. All BWC equipment shall be issued by PD&T and maintained by the officer.
2. Officers shall test the BWC equipment at the beginning of the shift to ensure
it is in good working order with sufficient battery and storage capacity to last
the entire shift. Any problems shall be reported to the supervisor
immediately. (CALEA 41.3.8 E)
3. PD&T will be responsible for training on the use of BWCs and this training will
be documented on the officer’s training record. Retraining on this equipment
shall be completed as needed. (CALEA 41.3.8 F)
D. Activation: (CALEA 41.3.8 B)
1. Officers shall only activate the BWCs for legitimate law enforcement, training,
or testing purposes. BWCs are not authorized for personal use.
2. Officers shall immediately activate their BWC under the following
circumstances:
a. Upon direction by a supervisor
b. When going “en-route” to any call for service
c. Upon activation of emergency equipment (lights and/or sirens) or when
taking any law enforcement action
d. When any encounter is likely to result in force being used, an arrest
being made, or during any event where there may be an actual or
potential breach of the peace
e. During any arrest or search warrant service
1) Officers providing perimeter support during tactical or high-risk
scenes shall keep BWCs activated through the duration of their
involvement in the call unless directed otherwise by the Incident
Commander
2) To document citizen interviews or investigative stops
f. Whenever reasonable, safe, and practical to do so, officers should
advise citizens that the encounter is being recorded. If asked by the
citizen, officers will confirm that a recording of the event is in progress.
g. If an arrest is made during a recorded incident, the BWC shall continue
recording until arrival at the jail or final destination.
h. Once the BWC is activated, the entire encounter shall be recorded
without interruption (continuous recording) unless a clear, articulable

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reason to discontinue recording occurs. In that case, the officer will

state the reason for stopping the recording, when practical.
Officers may stop recording for the following reasons:
1) Upon direction by a supervisor
2) When clearing the call for service
3) During tactical briefings
4). When there is a clear and articulable reason to believe recording
will create unintended hostility between the officers and citizens. If
the officer expects to take law enforcement action (i.e. make an
arrest), the officer will record the entire event
i. If an officer discontinues recording an encounter for any reason and
then finds it is necessary to take law enforcement action, the officer
shall reactivate the camera provided it is safe and practical to do so.
E. SWAT Activation - Special consideration must be given to the activation/deactivation
of BWCs during the service of any arrest or search warrant. This is particularly true
for SWAT deployments during high-risk warrant service attempts or other active
scenes.
The following criteria shall govern the use of BWCs for SWAT personnel:
1. SWAT personnel, including auxiliary members, shall be issued a second
BWC for callouts and to wear during uniformed part-time assignments.
2. SWAT personnel shall utilize the BWC in the following situations:
a. During any warrant service or high-risk arrest:
1) SWAT personnel shall activate their BWC on the command of the
SWAT Lieutenant or SWAT Sergeant
2) BWCs will remain activated during the service of a search
warrant, knock and announce warrant, arrest warrant, or during a
high-risk traffic stop
3) BWCs will only be deactivated at the direction of the SWAT
Lieutenant or SWAT Sergeant once the scene is secure and has
been turned over to the appropriate investigating unit
b. During any call-out/barricaded subject:
1) SWAT personnel shall activate their BWC on the command of the
SWAT Lieutenant or SWAT Sergeant prior to the commencement
of any planned action
2) BWCs shall be activated during any search of a structure

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3) SWAT personnel shall activate their BWCs as soon as practical

after an unplanned or spontaneous action or use of force, as long
as it is safe to do so
4) BWCs will only be deactivated after a planned action has
occurred and at the direction of the SWAT Lieutenant or SWAT
Sergeant
5) SWAT personnel shall not record staging area briefings or
planning activities
F. Use of Axon Respond Software - Axon Respond provides supervisors a situational
awareness tool that displays the location of an officer based upon their GPS-enabled
body camera. In addition, when a body camera is in record mode, authorized users
may view a live-stream video feed from that device. These features shall be
restricted based upon the following guidelines:

1. Only Axon Body 3 (AB3) cameras are capable of GPS location and live
streaming

2. All supervisors have access to Axon Respond to view the location of an officer
based upon the GPS signal in the AB3

3. Live stream viewing will be restricted to the rank of Captain and above.

a. Live streaming is only enabled when an AB3 is in record mode and it

cannot be accessed when the camera is simply buffering

b. AB3 users are notified by an audible tone and icon on their device when
live stream services are accessed
G. Restricted Use of BWCs: (CALEA 41.3.8 B)
1. Officers shall use their best discretion in areas where a high expectation of
privacy is present. If an officer does not record an event or elects to
discontinue recording, there should be an articulable reason for doing so.
This will be stated on video prior to turning off the camera and noted within
CADS. If an officer discontinues recording an encounter for any reason and
then finds it is necessary to take law enforcement action, the officer shall
reactivate the camera provided it is safe and practical to do so.
2. Officers shall not record personal activities that are conducted during a
normal shift. These include personal phone calls, meal breaks, or time spent
between calls for service and other non-work-related personal activity.
3. Unless approved by the undercover officer or a supervisor, BWCs shall not
be used to record interactions with confidential informants or undercover
officers. If the conversation needs to be recorded, officers shall attempt to

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capture the audio portion only by covering the video lens or standing outside
of the camera’s view.
4. Any legal consultation with the Office of the Commonwealth Attorney or the
City Attorney shall not be recorded.
5. Officers shall not activate their BWCs inside any courthouse during any trial
proceeding or while waiting for their cases to be heard. BWCs shall be
powered off upon entry into the facility but shall be immediately powered on
once the officer exits the facility.
6. Officers shall not activate their BWCs while inside the Virginia Beach City
Jail or other government regulated areas. BWCs shall be powered off upon
entry into the facility but shall be immediately powered on once the officer
exits the facility.
7. Officers may activate their BWCs inside any medical facility where medical
privacy is expected and required by law. Officers shall take all reasonable
measures to ensure that only citizens involved with a specific case are
recorded.
8. School Resource Officers shall be issued BWCs and shall utilize them in
accordance with this policy on school property. SROs shall activate their
cameras only when they take law enforcement action.
9. BWC recordings of constitutionally protected activities may not be used to
identify citizens present at the activity unless there was articulable, illegal
activity involved, a need for assistance by members of the public, or specific
law enforcement action was required. Once the specific matter is resolved,
the BWCs shall be de-activated.
10. Officers shall not record tactical planning briefings without the approval of a
shift commander.
11. Officers shall not record any aspects of training unless specifically requested
to do so.
12. Officers shall not record routine meetings or discussions with supervisors.
13. Stored audio and video from the BWCs shall not be used to create a
database or pool of mugshots, as fillers for photo lineups, nor randomly
searched for members of the public by members of our agency.
14. Employees shall not convert, obtain, or copy any BWC footage for personal
use. No images, footage or BWC information will be released to any social
media site without the permission of the Police Chief or designee.
H. Video Recordings: (CALEA 41.3.8 C)
1. All recordings captured on BWC’s are property of the Virginia Beach Police
Department and will be treated as evidence. No recordings will be
disseminated without the approval of the Police Chief or designee (Internal

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Affairs) and in compliance with State and Federal dissemination laws, privacy
protection, and other applicable laws, including the Virginia Freedom of
Information Act.
2. Officers may view BWC/In-car Camera recordings to help complete reports,
except in those instances involving a use of force that results in death or
serious bodily injury to an officer and/or other involved persons, or those
videos related to a critical incident.
3. Officers shall note on any departmental reports if any encounter was
captured on a BWC. Any specific information pertaining to the video’s
location shall be included as well.
4. In a critical incident, such as officer-involved shooting, in-custody injury or
death, or use-of-force against a citizen causing serious bodily injury or death,
the BWC will remain turned on and in the possession of the involved officer
until the appropriate Detective Bureau supervisor arrives on scene. In cases
where the situation dictates the Incident Commander may immediately
review the recording to establish the level of danger that may still exist, aid
the initial operational response to locate suspects, and focus on the initial
stage of the investigation based on the need for officer and citizen safety.
The video will be handled in a manner consistent with other evidence.
5. Categorizing specific events or recordings will be completed as specified by
training. Any recordings deemed to have administrative or evidentiary value
shall be categorized accordingly.
6. Only the Commanding Officer of Internal Affairs, or designee, is authorized
to purge a BWC video from the Department’s system. Only videos that are
captured outside the requirements of this policy may be purged from the
Department’s system.
7. Requests for BWC footage from external/private parties, such as a Motion of
Discovery, Subpoena Duces Tecum, and Freedom of Information Act request
shall be handled in accordance with General Order 4.05, Electronic Data
Management. No video will be released without the approval of the Police
Chief or designee and the appropriate review/redactions by the Program
Administrator.
8. The Office of the Commonwealth’s Attorney will have their own license
through Axon that enables their prosecutors to view, edit and redact BWC
videos. VBPD will maintain original copies of all BWC videos.
9. In any case where an officer has brought charges against an individual, and
later learned that the BWC recording contains evidence that may be
exculpatory in nature (evidence tending to establish a criminal defendant’s
innocence), the officer shall immediately contact their supervisor for guidance
regarding the proper disposition of the charges. The same shall apply for any
supervisor reviewing any BWC footage. If the case is being handled by the
City/Commonwealth’s Attorney, they shall also be notified immediately.

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I. Video Retention Schedule: (CALEA 41.3.8 D)

Video retention schedules are promulgated by the Library of Virginia in
accordance with the Virginia Public Records Act (Refer to Library of Virginia,
General Schedule (GS-17), for Records Retention Management). Any recordings
deemed to have administrative or evidentiary value will be saved in accordance
with General Schedule (GS) 17 Records Retention guidelines. All videos deemed
to be non- evidentiary and non-administrative will be retained for a period of no
less than 180 days from the date of the recording.
After 180 days, or the retention period set according to their categorization, they
will be expunged from the Department’s system in accordance with the record
destruction procedures established by the Records of Virginia.
If an officer inadvertently records an event that is not a law-enforcement related
encounter or is prohibited by policy, a supervisor shall be notified immediately. The
Program Administrator will review the footage and purge the video promptly once it
is verified that the video was captured in error. The Administrator will document
the reason for the purge in the Audit Log.
Before purging any video, the Program Administrator, or designee, shall take any
steps necessary to ensure that the purge complies with the requirements of the
Virginia Public Records Act and the procedures established by the Library of
Virginia.

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