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2017.02.27 Public Safety Commission Packet
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2017.02.27 Public Safety Commission Packet
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RELEVANT LINKS: <br />League of Minnesota Cities Information Memo: 7/18/2016 <br />Use of Body-Worn Cameras Page 6 <br /> C. Officer access to video and critical incidents <br /> PERF notes that officers will be able to report and testify more accurately <br />when they are provided access to “all possible evidence of the event.” It is <br />extremely unlikely that an officer could ever perceive or recall the same <br />amount of information captured by a digital, high-definition recording <br />device, particularly when under stress. The model recommends allowing <br />officers to review BWC video footage before writing reports, giving <br />statements, or providing testimony concerning typical law enforcement <br />events. As PERF counsels, withholding video evidence from an officer until <br />after he or she testifies can “unfairly undermine the officer’s credibility.” <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />Body-worn cameras, LMC <br />Model Policy. <br />Some agencies and prosecutors have expressed reservations, however, about <br />allowing officers to view BWC and other video footage prior to giving <br />statements about an officer-involved shooting or other critical incident. <br />Because the BWC captures more information than the officer could have <br />possibly perceived at the time, the concern is that viewing the video may <br />taint the officer’s recollection by introducing new information to him or her <br />before a statement is obtained. The model provides two options for <br />addressing this situation, and leaves it to agencies to include restrictions on <br />viewing videos in their policies addressing critical incidents. <br /> Whether or not an agency allows officers to review video footage before <br />being interviewed about a critical incident, PERF’s concern about <br />unreasonably undermining officers’ credibility warrants consideration. BWC <br />footage is likely to bring forward a greater amount of information and more <br />accurate details than a human observer or participant. It follows that <br />comparing an officer’s recollection to the video is not a fair measure of <br />credibility or truthfulness. <br /> D. Supervisory review <br /> Under the new legislation, agency policies must include procedures for <br />making sure that personnel are complying with the policy. One of the <br />obvious measures for ensuring that officers are following the policy is to <br />involve supervisors in monitoring BWC use. Under the heading, “Agency <br />Use of Data,” the model requires that supervisors review BWC “usage” on a <br />monthly basis for the purpose of determining whether officers have used <br />their cameras in accordance with the department’s guidelines. Reviewing <br />“usage” could be limited to a cursory comparison of when officers are <br />making recordings, and how they are labeling them, as compared to other <br />records of the officer’s activities. An alternative position is to have <br />supervisors review actual footage to gain an additional perspective on officer <br />performance in the field.
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