PAP.18.6.050 Procedure

(a) Training

(1) All officers using a BWC device shall receive training in the use of the equipment.

(2) The training will include techniques that will help to ensure an incident is accurately documented and properly stored.

(b) Responsibilities of Personnel assigned BWC

(1) The BWC equipment, as well as any recorded audio/video obtained through its use, are the property of the Lac Courte Oreilles Tribal Police Department and shall be for authorized use only.

(2) At the beginning of each shift, the officer should remove the BWC from the ETM and affix the BWC to their uniform and conduct a function check to ensure the following functions of the BWC are working properly:

(A) Video recording

(B) Audio recording

(D) Pre-shift function checks shall be classified as "non-evidentiary video."

(3) Officers assigned a BWC are responsible for keeping the unit in good working order. This includes ensuring the charging of the battery and downloading of the video files.

(4) Throughout the officer's shift or at the end of the officer's shift, recorded video files shall be given a classification code and corresponding incident number. Incident number format shall consist of eight numbers starting with the last two digits of the calendar year, followed by a dash, and then the six digits from the incident numbering system (e.g., XX-000000).

(5) Activity not requiring an assigned incident number can be classified as "citizen contact, non-evidentiary video, or training demo" without an incident number being assigned.

(6) At the end of the officer's shift the officer shall return the BWC to the evidence.com dock (ETM) to upload the digitally encrypted data to the web-based storage facility and recharge the battery. All videos must be uploaded prior to the end of a work cycle and officers are responsible to ensure the BWC is functioning with a GREEN battery status.

(7) If a BWC is damaged or not properly functioning, it shall be taken out of service and a Sergeant should be notified.

(1) All enforcement and investigative contacts, as well as all contacts specifically related to a call for service by uniformed sworn personnel issued a BWC will be recorded.

(2) Circumstances when a BWC may not be used include but are not limited to:

(A) Officer safety prohibits due to sudden assault or unexpected altercation.

(B) Speaking with an informant or community member providing information who request deactivation of BWC prior to providing information.

(D) While in the hospital waiting for a person in custody to be medically cleared unless their behavior dictates the need for continued activation of the BWC.

(E) While debriefing with other officers regarding specific details or tactics of a call for service.

(F) When developing a tactical plan or creating a safety plan for a victim.

(G) Personnel are prohibited from utilizing the issued BWC for personal use.

(H) Any other incident where the officer can articulate the necessity and totality of the circumstances that led to not activating the BWC.

(d) Retention of BWC Evidence

(1) Audio/video files containing recordings of the following types of incidents shall be stored as evidence and shall be done in accordance with the Lac Courte Oreilles Tribal Police Department policy entitled, Evidence - Packaging Instructions:

(A) All felony and misdemeanor arrests (including criminal traffic)

(B) Vehicle pursuits (see sections H.l-2)

(D) Use of force by an officer that meets the reporting standard as outlined in the Use of Force Policy

(E) Use of force resulting in great bodily harm or death to a person shall be entered as evidence, but not viewed by the involved officer(s) (see section F.l-2)

(F) Any other incident where the officer has reason to believe the file(s) should be retained longer than the 121-day (BWC) / 6 month (BWC) retention period as required by Lac Courte Oreilles Tribal Police Department policy on records retention

(2) BWC files from the above types of incidents shall be downloaded and processed as evidence. This includes primary and back up officers with audio/video from the incident.

(3) Requests for audio/video files will be handled as other requests for release of information. Refer to the policy entitled, Release of Information.

(e) BWC Files of Significant Use of Force Incidents

(1) As soon as practicable after the incident is under control, a Lac Courte Oreilles Tribal Police Department supervisor shall direct the collection and entry into evidence of all known BWC files from the following types of incidents:

(A) All incidents involving the use of deadly force against a person.

(B) All incidents involving the use of force by a Lac Courte Oreilles Tribal Police Department Officer that resulted in great bodily harm or death to a person.

(C) All BWC files from all Lac Courte Oreilles Tribal Police Department Officers involved in motor vehicle pursuits that result in great bodily harm or death to a person.

(D) Any other incident as directed by the Chief of Police or his/her designee.

(2) No officer or witness directly involved in these incidents shall view any BWC files from the incident prior to being interviewed and completing an offense report or a written statement about the incident, without an authorization from the Chief of Police or his/her designee. Exceptions to this restriction may include, for example, when viewing the files is immediately necessary to identify a potential suspect(s) and/or witness. If this is necessary, a person not directly involved in the incident should view the files.

(f) Non-Evidence BWC Files

(1) BWC files that are not processed as evidence will be retained for no less than 6 months for a BWC video, to allow availability of these audio/video files for a reasonable time period as required under open records policy.

(2) After not less than 6 months for a BWC video, these BWC files may be disposed of according to the Lac Courte Oreilles Tribal Police Department records retention schedule.

(g) Reports

(1) Prior to completing an incident report, officers are encouraged to review a recorded incident for accuracy of details with the exceptions outlined in section F.l-2.

(2) Although incidents may be recorded, incident reports must be complete and thorough. A report lacking detail and simply referring to the BWC recording is not acceptable.

(h) Body Worn Cameras Recordings Storage and Integrity

(1) The Chief of Police and the BWC Coordinator shall periodically review the BWC program and recommend modifications as necessary.