Video is coming to law enforcement everywhere, whether it's stationary cameras in the jails and lock-ups, patrol car dash cams or individual body cameras, the trend is clear. While these devices are becoming commonplace, policies regarding videos and when and who may view recordings vary widely.
The fundamental issue is the purpose of cameras for law enforcement. Are they a tool to document events relating to criminal activity, and witness statements by recording events from a deputy's viewpoint or, are they supposed to be "gotcha" tools, designed to try to "catch" law enforcement professionals in wrongdoing?
From September 2014 through April 2015, the Los Angeles County Sheriff's Department (LASD) initiated a pilot program to test body-worn cameras (BWC) at four stations across Los Angeles County. The department's program tested four brands and five models of body-worn camera systems, deploying a total of 96 cameras. In September 2015, the Los Angeles County Office of the Inspector General
issued a report
regarding body-worn cameras. The Inspector General recommended deputies write their reports, a supervisor view their body worn camera for evidence of misconduct, deputies then only be allowed to view the video to refresh their memory if there was no evidence of misconduct on the video.
ALADS strongly believes that suggested policy is wrong, and should be rejected. Video images, whether in the jail or on body cameras worn by deputies, stand for themselves and cannot be altered.
Interactions with the public, particularly stressful situations such as uses of force, are dynamic and deputies are not able to stop and take notes or record information as cameras can.
Reports are written summaries of events, designed to establish that certain facts or actions did or did not happen in order to determine if a crime occurred. Reports document events for internal department records (e.g. force reporting), a potential criminal prosecution or summarize the actions and statements of other deputies involved to incorporate their actions or observations. Everyone wants deputies to
document incidents as accurately and completely as possible. Having deputies review their video before writing their report, allows them to more accurately recall details or at the very least account for those details they didn't perceive or don't remember.
The fact that something is recorded doesn't mean the entire context of an event is captured, as this
New York Times video
documents.
If the goal of video is to provide an accurate account of incidents and having deputies review video before writing their reports can increase accuracy, then why would anyone propose otherwise?
Those who oppose a deputy reviewing a video to write his report do so because they envision cameras as "gotcha" devices; recording for the primary purpose of trying to catch a deputy in wrongdoing. They are not interested in what happened; they only want to use videos for the potential to find the slightest deviation between a recording and the deputy's report to allege wrongdoing.
We support the
Department of Justice standard
which recommends law enforcement be allowed to review body camera footage before writing reports, which is a recommendation shared by experts on memory, witness recall and many prosecutors. According to the DOJ report, "Officers should be permitted to review video footage of an incident in which they were involved before making a statement about the incident. Reviewing footage aids officer recollection and leads to more accurate documentation of events. Real-time recording is considered best evidence and is unaffected by stress or other factors."
The primary purposes of any camera program should be to provide another tool to help deputies document events and write the most accurate reports possible. This is why we urge the Sheriff's Department to follow the Department of Justice standards, and allow deputies to review body worn camera footage before completing their reports.
Sean Van Leeuwen is Vice President of Association for Los Angeles Deputy Sheriffs. ALADS is the collective bargaining agent and represents more than 8,200 deputy sheriffs and district attorney investigators working in Los Angeles County. Sean can be reached at [email protected].
