Pennsylvania D.A.s release body cam guidelines
The Pennsylvania District Attorneys Association has released new guidance and a model policy for police departments to reference when using body-worn cameras.
“When used properly, body-worn cameras are a useful investigative tool that can provide accurate documentation of interactions between the police and the public,” said Association President and Berks County District Attorney John T. Adams. “It is a local decision to use body-worn cameras. Where law enforcement agencies choose to use body-worn cameras, it is essential they have the right policies and procedures in place to ensure the law is followed, rights are protected, and recordings are properly captured and preserved.”
The recommendations include restricted use of the cameras to only official law enforcement duties. That would exclude the use of body cameras in situations including personal communications with other police personnel; encounters with undercover officers or confidential informants (which might expose the identity of the officers or CIs); when on break or otherwise engaged in personal activities; or in any location where individuals have a reasonable expectation of privacy. Additionally, the new recommendations include guidelines on public release of video, storage and other procedures for use.
The newly released recommendations provide agencies that choose to use body-worn cameras with practices and procedures that ensure the reliability of recordings in accordance with the law, the specific needs of prosecutors to preserve recordings for discovery and trial, and compliance with ethical rules on the public release of recordings.
The guidelines follow a national review of best practices and input from municipal police departments, the Pennsylvania State Police, and the Pennsylvania Chiefs of Police Association. Developed by the association’s Best Practices Committee, the policy recognizes that the use of body-worn cameras can accomplish several law enforcement objectives, including the ability to build a case in court, determine probable cause for arrest, document crime and accident scenes, evaluate police conduct and professionalism, and develop training tools. The policy also addresses public access to recordings and provides guidance regarding the release of any recordings under ethical rules governing criminal prosecutions.
Chester County District Attorney Tom Hogan, chairman of the association’s Best Practices Committee, stated, “Pennsylvania legislators worked hard to amend the law to make it possible for the police to deploy body-worn cameras. Now that the law is in place, these best practices provide some simple and common sense guidelines for police to follow in using body cameras to ensure the integrity of prosecutions. For instance, if a body camera recording is activated for an incident, the camera should remain on to capture the entire incident; any decision to turn off the recording must be documented and explained. Moreover, the recording in a potential criminal matter must be treated as evidence, preserved and safeguarded. If there are charges in the case, the recording will be turned over as evidence. These and other straightforward rules make the roll-out of body-worn cameras more effective for both law enforcement and the public.”
In Pennsylvania, the use of body-worn cameras is a decision made individually by each law enforcement agency. That decision is a local one, often based on the availability of resources, community input, the role of the agency, and other factors. Some agencies already are using body cameras and some are currently considering acquiring this technology. The Pennsylvania State Police are preparing to launch a body camera pilot program later this year, with statewide implementation to follow.
“It is critically important that the law enforcement communities proactively work on improvements in the practice of criminal justice and assess emerging issues and technologies, such as body cameras,” said West Chester Police Chief Scott Bohn, incoming President of the Pennsylvania Chiefs of Police. “We need to ensure that professional procedures and practices are accepted and applied as being correct and most effective. This policy developed by the Pennsylvania District Attorneys Association will ensure that we implement universal standards and requirements that are legal and ethical.”
More information on the newly recommended guidelines can be found at www.pdaa.org.