California Penal Code 832.18, a pivotal regulation, significantly governs the use of body-worn cameras (BWCs) by law enforcement. It mandates the activation of BWCs during public interactions, such as traffic stops, arrests, searches, and questioning, underscoring their crucial role in policing.
This law also crucially outlines policies for data retention, access, and storage. It ensures that all recorded data is the property of the agency and cannot be accessed or released for unauthorized purposes, thereby safeguarding the privacy of individuals involved in the recordings.
The law also stipulates that records or logs of access and deletion of recordings must be retained permanently, ensuring a high level of accountability. BWCs are mandated to be activated during any interaction with the public, and all recorded data is the property of the law enforcement agency.
Accessing or releasing data for unauthorized purposes, including personal use or public posting, is prohibited. The video and audio files must be retained for a minimum of two years.
The law mandates specific policies for the storage of BWCs, including the location of storage and the security of the data. It also includes sanctions for violations of its provisions.
While activation is mandatory, the law also acknowledges the need to strike a balance between transparency and privacy concerns. It provides provisions for redacting sensitive information from recordings, demonstrating its sensitivity to the rights and interests of all parties involved and reassuring the audience of its comprehensive approach.
"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.
California law is evolving to address the recording of individuals undergoing medical or psychological evaluations, procedures, or treatments. Law enforcement agencies must establish and implement policies and procedures for the use and storage of body-worn camera (BWC) data.
Police Body Cam Quick Facts
- Body cams typically provide a clear record of contentious incidents with police.
- There are clear laws that regulate their use to prevent misuse or mishandling of the recordings.
- Body-worn cameras are crucial tools in modern policing as they document encounters between law enforcement and the public.
- The provisions of Penal Code 832.18 PC create specific standards for California law enforcement agencies. These standards dictate how agencies should use, store, and manage footage from body cameras, thereby significantly impacting the daily operations and procedures of these agencies.
- This law details best practices for handling body-worn camera data, such as designating responsible personnel for downloads.
- The law also mandates that police agencies establish written policies and procedures for the use of body-worn cameras, including how data is downloaded, stored, and accessed.
- Under PC 832.18, the policies must be based on best practices, including establishing timelines for downloading and implementing measures to prevent data tampering or unauthorized access.
- California law addresses data security, alteration, deletion of recordings, and procedures to prevent unauthorized access, ensuring the utmost protection of your information.
- There are requirements for retaining recordings, potentially for longer periods, if they contain evidence relevant to a criminal prosecution.
- This law also covers the need to categorize and tag body-worn camera video for efficient retrieval and organization, making it practical and user-friendly for law enforcement professionals and the public.
What Does the Law Say?
California Penal Code 832.18(a) PC says, "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:
(1) 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.
(2) 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.
(3) 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 when the data is downloaded, classifying it according to the type of event or incident captured in the data.
(5) Specifically state the length of time that recorded data is to be stored.
(6) State where the body-worn camera data will be stored, including, for example, an in-house server that is managed internally, or an online cloud database that a third-party vendor manages.
(7) If using a third-party vendor to manage the data storage system, then set factors to protect the security and integrity of the data.
(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."
Mandatory Policies on Body Cam Use
PC 832.18 says that all law enforcement agencies that deploy body-worn cameras must establish a written policy on how the cameras will be used, including the following:
- When police officers are required to activate or deactivate their cameras.
- How police officers will store and maintain the video footage.
- Where cameras are permissible or prohibited, such as in sensitive areas.
- Rules for accessing and reviewing the footage, especially during investigations.
- Body cam policies should be made available to the public, ensuring transparency.
- The law allows officers to review body camera footage before writing their reports.
- In cases involving police misconduct or use of force, special restrictions may apply.
- If the officer is under investigation, their ability to access footage can be delayed.
- The law establishes guidelines regarding how long agencies must keep the footage.
- For routine incidents, video camera footage must be retained for at least 60 days.
- For serious incidents, the footage must be preserved for at least two years.
- The laws should ensure that critical evidence is not destroyed prematurely..
Tampering and Public Access
Under PC 832.18, tampering with body camera footage is strictly prohibited. Police officers are forbidden from editing, deleting, or altering recordings in any way. Violating this rule can lead to harsh consequences, including internal disciplinary actions or even criminal charges. This strict enforcement ensures the security and integrity of the footage, providing a sense of protection to all parties involved.
The law also provides guidelines for public disclosure of body camera recordings. Provisions protect privacy and safety concerns. Body cam 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.
How a Defense Lawyer Can Help
If you're facing criminal charges, the way in which law enforcement handles body-worn camera footage can play a crucial role in your defense. Our experienced California criminal defense attorneys will carefully scrutinize whether police followed the requirements detailed in PC 832.18. Below are some strategies on how violations of these rules can benefit your case.
Perhaps we can challenge the evidence. Body camera footage can be powerful evidence in a criminal case. However, if police mishandle or fail to retain the footage, it could be inadmissible. For example, if an officer illegally turns off their camera or tampers with the footage, this could invalidate key evidence against you.
Perhaps we can argue procedural misconduct. When officers violate body camera rules, it can indicate a failure to follow proper procedures. We might be able to use these violations to challenge law enforcement's credibility. Maybe we can argue that the officer failed to record an encounter as required. Maybe we can argue that the missing footage casts doubt on their claims.
Perhaps we can expose bias or cover-ups. Tampering with or selectively releasing body camera footage can suggest officers are distorting the truth. Maybe we can cast doubt on the prosecution's case, potentially leading to dismissed charges, a favorable plea deal, or an acquittal.
We 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, we can file a motion to compel its disclosure. This ensures a fair trial and prevents evidence from being hidden or destroyed. For more information, contact our criminal defense law firm, Cron, Israels & Stark, located in Los Angeles, CA.
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