Body-worn cameras, a cornerstone of modern policing, play a pivotal role in documenting encounters between law enforcement and the public. Their use not only fosters transparency and trust but also provides a clear record of contentious incidents, offering reassurance to all parties involved. This trust is a key component of the system, ensuring that all interactions are accurately recorded and can be reviewed if necessary.
While body cameras are undeniably beneficial, clear laws like California Penal Code 832.18 PC ensure their use is regulated. This not only prevents any potential misuse or mishandling of the recordings but also provides a sense of security and protection. The protective nature of this law ensures that the system is used responsibly and for the benefit of all involved.
Understanding this law is not just important; it's critical if you're accused of a crime. Violations of these regulations by police could directly impact your case. By being informed about PC 832.18, you can be prepared to navigate any legal proceedings with confidence.
PC 832.18 outlines the requirements for law enforcement agencies regarding the use of body-worn cameras, including policies and procedures for downloading, storing, and managing recordings.
This law specifies best practices for handling body-worn camera data, such as designating responsible personnel for downloading and establishing procedures for data security and retention. Section 832.18 mandates that police agencies establish written policies and procedures for the use of body-worn cameras, including how data is downloaded, stored, and accessed.
Policies Established by PC 832.18
The policies are based on best practices, which include designating individuals responsible for downloading data, establishing timelines for downloading, and implementing measures to prevent data tampering or unauthorized access.
The law also addresses data security, requiring procedures to prevent unauthorized access, alteration, or deletion of recordings. It also covers requirements for retaining recordings, potentially for longer periods, if they contain evidence relevant to a criminal prosecution. It also addresses the need to categorize and tag body-worn camera video for efficient retrieval and organization.
PC 832.18(a) states, "The Legislature intends to establish policies and procedures based on best practices to address issues related to downloading and storing data recorded by a body-worn camera worn by a peace officer."
(b) When establishing policies and procedures for the implementation and operation of a body-worn camera system, law enforcement agencies, departments, or entities shall consider the best practices regarding the downloading and storage of body-worn camera data."
As noted, these best practices may include regular audits of camera usage, training on data security and privacy, and clear guidelines on when and how footage can be accessed. The provisions of Penal Code 832.18 create specific standards for California law enforcement agencies.
Let's examine some of the law's most critical aspects and how they apply to police departments.
Mandatory Written Policies
Under PC 832.18, every law enforcement agency that deploys body-worn cameras must establish a written policy governing how the cameras will be used. These policies must address key issues like:
- When officers are required to activate or deactivate their cameras.
- Where cameras are permissible or prohibited (e.g., they might be restricted in sensitive areas like private homes or hospitals).
- How officers will store and maintain video footage.
- Rules for accessing and reviewing the footage, especially during investigations.
Notably, the law requires these policies to be made available to the public, ensuring transparency about how body cameras are managed.
Officer Review of Footage
The law generally allows officers to review body camera footage before writing their reports so they can accurately recount incidents. However, in cases involving significant misconduct or use of force (such as an officer-involved shooting), special restrictions may apply.
If the officer is under investigation as a potential suspect or witness, their ability to access footage can be temporarily delayed to maintain the integrity of the investigation.
PC 832.18(a)(1) states, "Designate the person responsible for downloading the recorded data from the body-worn camera. Suppose the storage system does not have automatic downloading capability. In that case, the officer's supervisor should take immediate physical custody of the camera and should be responsible for downloading the data in the case of an incident involving the use of force by an officer, an officer-involved shooting, or other serious incident."
Retention Rules for Video Evidence
The law also establishes strict guidelines regarding how long agencies must keep body camera footage:
- For routine incidents, video must be retained for at least 60 days.
- For serious incidents, such as an officer-involved shooting or any case involving a use-of-force complaint, the footage must be preserved for at least two years.
This ensures that critical evidence is not destroyed prematurely, giving both prosecutors and defense teams ample time to review the material.
PC 832.18(a)(2) states, "Establish when data should be downloaded to ensure the data is entered into the system in a timely manner, the cameras are properly maintained and ready for the next use, and for purposes of tagging and categorizing the data."
'Evidentiary data' refers to data of an incident or encounter that could prove useful for investigative purposes, including, but not limited to, a crime, an arrest or citation, a search, a use of force incident, or a confrontational encounter with a member of the public.
'Non-evidentiary data' refers to data that does not necessarily have value to aid in an investigation or prosecution, such as data of an incident or encounter that does not lead to an arrest or citation, or data of general activities the officer might perform while on duty.
Tampering is Prohibited
Under PC 832.18, tampering with body camera footage is strictly prohibited. Officers are forbidden from editing, deleting, or altering recordings in any way. Violating this rule can lead to severe consequences, including internal disciplinary actions or even criminal charges.
This strict enforcement ensures the security and integrity of the footage, protects all parties involved, and emphasizes the importance of adhering to the law.
PC 832.18(a)(3) states, "Establish specific measures to prevent data tampering, deleting, and copying, including prohibiting the unauthorized use, duplication, or distribution of body-worn camera data. (4) Categorize and tag body-worn camera video at the time the data is downloaded, classifying it according to the type of event or incident captured in the data."
Public Access to Footage
The law provides guidelines for public disclosure of body camera recordings. While there are provisions to protect privacy and safety concerns, footage can often be released upon request in cases of public interest.
This layer of transparency promotes accountability and reassures the public about how incidents involving law enforcement are handled.
PC 832.18 states, "(8) Require that all recorded data from body-worn cameras are property of their respective law enforcement agency and shall not be accessed or released for any unauthorized purpose, explicitly prohibit agency personnel from accessing recorded data for personal use and from uploading recorded data onto public and social media internet websites, and include sanctions for violations of this prohibition."
Body Camera Footage and Your Defense
If you're facing criminal charges, the way law enforcement handles body-worn camera footage can play a key role in your defense. A skilled California criminal defense attorney will carefully scrutinize whether police followed the requirements set out in PC 832.18. Below are some examples of how violations of these rules can benefit your case.
- Challenging the Evidence: Body camera footage can be strong evidence in a criminal case. However, if law enforcement mishandles or fails to retain the footage, it could be inadmissible. For instance, if an officer illegally turns off their camera or tampers with the footage, this could invalidate key evidence against you.
- Highlighting Procedural Misconduct: When police officers violate body camera rules, it can indicate a failure to follow proper procedures. Defense attorneys can use these violations to challenge law enforcement's credibility. For example, if officers fail to record an encounter as required, your attorney can argue that the missing footage casts doubt on their claims.
- Exposing Bias or Cover-Ups: Tampering with or selectively releasing body camera footage may suggest officers are distorting the truth. Highlighting this can help your attorney cast doubt on the prosecution's case, potentially leading to dismissed charges, a favorable plea deal, or an acquittal.
- Ensuring Fair Access to Evidence: A defense attorney can use PC 832.18 to ensure you have access to all relevant body camera footage. If police fail to release or improperly withhold video evidence, your lawyer can file a motion to compel its disclosure. This ensures a fair trial and prevents evidence from being hidden or destroyed.
For additional information, contact our criminal defense law firm, Eisner Gorin LLP, located in Los Angeles, CA.
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