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Port of Seattle Police Department

Port of Seattle PD Policy Manual

Body-Worn Audio/Video Cameras (CALEA

41.3.8)

450.1 PURPOSE AND SCOPE

This policy provides guidelines for the use of Body-Worn Audio/Video Cameras (BWCs) by

members of this department while in the performance of their duties (RCW 10.109.010). This

policy does not apply to authorized undercover operations, wiretaps or eavesdropping (concealed

listening devices).

450.2 POLICY

The Port of Seattle Police Department will provide members with access to BWCs for use

during the performance of their duties. The use of BWCs is intended to enhance the mission of

the Department by recording contacts between members of the Department and the public. All

members provided with a BWC by the department shall use and wear the BWC consistent with

this policy.

BWC use shall be in accordance with applicable law. In the event of future changes to applicable

law, this policy may be reviewed and revised following standard department procedures.

450.3 COORDINATOR

The Chief of Police or the authorized designee appointed by the Chief of Police will be the overall

system administrator responsible for (RCW 10.109.010):

(a) Procedures for the security, storage and maintenance of data and recordings.

(b) Procedures for transferring, downloading, tagging, or marking events.

(d) Procedures for accessing data and recordings.

(e) Procedures for requirements for documented review of camera captured data or

auditing access.

(f) Procedures for BWC activation advisement including members communicating to non-

English speakers, those with limited English proficiency or those who are deaf or hard

of hearing.

450.4 MEMBER PRIVACY EXPECTATION

All recordings made by members on any department-issued device at any time, and any recording

made while acting in an official capacity of the department, regardless of ownership of the device

it was made on, shall remain the property of the Department. Members shall have no expectation

of privacy or ownership interest in the content of these recordings.

450.5 MEMBER RESPONSIBILITIES

Prior to going into service, each uniformed member will be responsible for making sure they are

equipped with a BWC issued by the Department, and the BWC is in good working order. If the

Policy

450

Item No.

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Meeting Date:

November 19, 2024

Port of Seattle Police Department

Port of Seattle PD Policy Manual

Body-Worn Audio/Video Cameras (CALEA 41.3.8)

Published with permission by Port of Seattle Police

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Body-Worn Audio/Video Cameras (CALEA

41.3.8) - 358

BWC is not in working order or the member becomes aware of a malfunction at any time, the

member shall report the failure to their supervisor and obtain a functioning device as soon as

reasonably practicable. Uniformed members should wear the recorder in a conspicuous manner.

Any member assigned to a non-uniformed position may carry an approved BWC at any time

the member believes such a device may be useful. Unless conducting a lawful recording in an

authorized undercover capacity, non-uniformed members should wear the BWC in a conspicuous

manner when in use or otherwise notify individuals they are being recorded, whenever reasonably

practicable.

When using a BWC, the assigned member shall record their name, identification number and the

current date and time at the beginning and the end of the shift or other period of use, regardless

of whether any activity was recorded. This procedure is not required when the BWC and related

software captures the user's unique identification and the date and time of each recording.

Members shall document the existence of a recording in any report or other official record of the

contact, including any instance where the BWC malfunctioned or the member deactivated the

recording. Members shall include the reason for deactivation (RCW 10.109.010).

Members shall follow BWC vendor protocols to label, categorize, and upload BWC footage as

follows:

(a) Prior to the end of their shift.

(b) When storage capacity is reaching its limit.

Members unable to categorize BCW footage prior to the end of their shift shall notify a supervisor

prior to securing and complete categorization at the beginning of their next regular or overtime

shift, whichever occurs first. Video footage shall be downloaded prior to going on days off.

If a member is involved in a shooting, other serious use of force, and/or is suspected of wrongdoing

that requires immediate relinquishment of the member's police powers, an uninvolved supervisor

on-scene will take physical custody of the BWC. This will occur out of public view when practicable.

The uninvolved supervisor will be responsible for uploading the data from the involved member's

BWC. When a member uses deadly force, the investigating agency may supervise the uploading

of the BWC recordings.

450.6 ACTIVATION OF THE BWC

This policy is not intended to describe every possible situation in which the BWC shall be used,

although there are many situations where its use is appropriate.

The BWC shall be activated in any of the following situations:

(a) All enforcement and investigative contacts including stops and field interview (FI)

situations.

(b) Traffic stops including, but not limited to, traffic violations, stranded motorist assistance

and all crime interdiction stops.

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41.3.8) - 359

Center.

(d) Custodial interrogations in their entirety for felony crimes and for juveniles, including

Miranda advisement and the waiver of any rights by an individual.

(e) Any other contact that becomes adversarial after the initial contact in a situation that

would not otherwise require recording.

(f) Anytime the member believes it would be appropriate or valuable to record an incident.

(g) Any activity identified in (a.) through (e.) above that occurs during a member's

commute when driving an assigned take-home vehicle (in accordance with §706.5

and §706.7).

(h) Any activity identified in (a.) through (e.) above that occurs during a member's

uniformed off duty employment (in accordance with Policy § 1040).

Members should remain sensitive to the dignity of all individuals being recorded and exercise

sound discretion to respect privacy by discontinuing recording whenever it reasonably appears to

the member that such privacy may outweigh any legitimate law enforcement interest in recording.

Requests by members of the public to stop recording should be considered using this same

criterion. Recording should resume when privacy is no longer at issue unless the circumstances

no longer fit the criteria for recording.

At no time is a member expected to jeopardize his/her safety in order to activate a BWC. However,

the BWC should be activated in situations described above as soon as reasonably practicable.

450.6.1 DECISION NOT TO RECORD

Officers are required to record as much law enforcement activity as reasonably practical. The

sensitivity or exigency of a situation may warrant turning off or not activating the BWC. The decision

to not record law enforcement activity shall be made by the officer wearing the BWC and shall

be determined by facts and circumstances which must be justified. Facts and circumstances that

support a decision to not record may include, but are not limited to, the following:

(a) When unsafe or impractical: Law enforcement activity requiring a response that

physically prevents an officer from activating the BWC. Officers are advised to put

safety ahead of the requirement to activate the BWC.

(b) Sensitive communications: Law enforcement activity involving sensitive

communications, matters of law enforcement intelligence, or where recording the

encounter could hinder a criminal investigation.

public objects to being recorded, the officer may elect to record despite the objection.

Conversations with police officers are not considered private under Washington State

Law.

Officers shall document any decision to not activate the BWC, or to turn off the BWC at some

point during the law enforcement activity. Officers shall document the facts and circumstances

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that contributed to the officer's decision to not record. Officers shall document such a decision in

the CAD or by written report at the conclusion of the law enforcement activity.

450.6.2 ADVISEMENT

No member of this department may record a conversation without first announcing to everyone

present that the conversation is going to be recorded. The member's announcement should

be made as soon as practicable. Members shall ensure the announcement is recorded except

pursuant to a warrant, when the communication is of an emergency nature, or when the

communication relates to communications by a hostage holder or barricaded suspect (RCW

9.73.030).

Members shall inform subjects who are in custody they are being audio and video recorded prior

to a custodial interrogation. Custodial interrogations shall be recorded in their entirety for felony

crimes and for juvenile subjects, including Miranda advisement and the waiver of any rights by

an individual.

Consideration should be given to individuals with limited English proficiency and/or persons with

disabilities (RCW 10.109.010, Policy § 368, and Policy § 370).

450.6.3 SURREPTITIOUS USE OF THE AUDIO/VIDEO RECORDER

Washington law prohibits any individual from surreptitiously recording any conversation, except

as provided in RCW 9.73.040, RCW 9.73.090 and RCW 9.73.210.

Members shall not surreptitiously record another department member without a court order unless

lawfully authorized by the Chief of Police or the authorized designee.

450.6.4 CESSATION OF RECORDING

Once activated, the BWC should remain on continuously until the member's direct participation in

the incident is complete. Recording may be stopped during significant periods of inactivity such

as report writing or other breaks from direct participation in the incident.

450.6.5 EXPLOSIVE DEVICE

Many BWCs emit radio waves that could trigger an explosive device. Therefore, BWCs should

not be used where an explosive device may be present.

450.7 PROHIBITED USE OF BWCS

Members are prohibited from using department-issued BWCs for personal use and are prohibited

from making personal copies of recordings created while on-duty or while acting in their official

capacity.

Members are also prohibited from retaining recordings of activities or information obtained while

on-duty, whether the recording was created with a department-issued or personally owned

recorder. Members shall not duplicate or distribute such recordings, except when authorized for

legitimate department business purposes. All such recordings shall be retained at the Department.

Members are prohibited from using personally owned recording devices while on-duty.

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Recordings shall not be used by any member for the purpose of embarrassment, harassment,

or ridicule.

450.8 IDENTIFICATION AND PRESERVATION OF RECORDINGS

To assist with identifying and preserving data and recordings, members should download, tag or

mark these in accordance with procedure and document the existence of the recording in any

related case report.

A member should transfer, tag or mark recordings when the member reasonably believes:

(a) The recording contains evidence relevant to potential criminal, civil or administrative

matters.

(b) A complainant, victim or witness has requested non-disclosure.

of the recording may endanger the person.

(d) Disclosure may be an unreasonable violation of someone's privacy.

(e) Medical or mental health information is contained.

(f) Disclosure may compromise an undercover officer or confidential informant.

Any time a member reasonably believes a recorded contact may be beneficial in a non-criminal

matter (e.g., a hostile contact), the member should promptly notify a supervisor of the existence

of the recording.

Members shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute in any manner

BWC recordings without prior written authorization and approval of the Chief of Police or their

designee.

450.9 REVIEW OF RECORDINGS

When preparing written reports, members may, in certain situations, review their recordings as a

resource. However, members should not use the fact that a recording was made as a reason to

write a less detailed report. Members shall not retain personal copies of recordings.

Supervisors are authorized to review relevant recordings any time they are investigating alleged

misconduct or reports of meritorious conduct of any employee utilizing a BWC. Supervisors may

conduct a review of a specific incident when justification for such review can be clearly articulated.

Supervisory review of recordings shall not be arbitrary or capricious, and BWC queries will not be

routinely or randomly used to monitor Officer performance.

Recorded files may also be reviewed:

(a) By a supervisor for the purpose of conducting a Blue Team administrative review,

investigating a specific act of officer conduct alleged in a complaint of misconduct, and

for use with training and mentoring.

(b) Upon approval by a supervisor, by any member of the Department who is participating

in an official investigation, such as a personnel complaint, administrative investigation,

or criminal investigation.

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Enforcement Records Retention Schedule, and the Records Maintenance and

Release Policy (§ 810).

(d) Review of incidents that adhere to mandatory review or reporting per department

policy. Examples include, but are not limited to, use of force or pursuits.

(e) By technical support staff for BWC maintenance.

The BWC review log contained within Axon will maintain a record of the user, date, time, and

the reason for viewing the video (the reason will be documented in the notes section by the

person accessing the video). An administrator can give permission to access the review log when

necessary or when the Union makes a written request based on reasonable justification that

reviews of video are being conducted outside of this policy.

All recordings should be reviewed by the Chief of Police or designee prior to public release if

practicable (see Policy § 810). The Port of Seattle Police Department will use best efforts to provide

an involved officer with advance notice of the release of video from a high-visibility interatction

with a member of the public (e.g. use of force). Redactions of recordings will be paid for by the

requestor at the current rate established by the Port of Seattle (see Policy §810.11).

450.9.1 VIDEO RECALL

Video recall enables Axon Body 3 cameras to capture an audio and video lower resolution (480

DP) evidence when the camera is not actively recording. The function provides the user the ability

to retrieve/recall evidence from a period within the last 18 hours of active camera use in the event

the camera was not recording during a critical incident.

Video recall will only be used when approved by the Chief of Police or designee for critical

incidents, e.g., officer involved shooting, serious bodily injury, death to a person, or allegations

of serious misconduct.

Although the Axon BWC system has the ability for audio recall, this function will not be activated

by the department or used at this time. Enabling the audio portion of video recall will be revisited

after the BWC's have been in service for one year.

450.10 RETENTION OF RECORDINGS

All recordings shall be retained in accordance with the guidelines set forth in the Washington State

Records Retention Schedule (pursuant to Policy §810.10).

(a) Recordings related to internal investigations shall be transferred to a format compatible

with Blue Team and made part of the file.

(b) Recordings labeled as evidentiary shall be retained on the secure data server until all

trial and appellate litigation has been completed.

destroyed, unless retained by a Commander, Deputy Chief of Police, or Chief of Police.

Examples of reasons for retaining recordings are as follows: for training, pursuant to

an administrative or internal review, or a recording of a significant event.

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(d) Recordings redacted for a public disclosure request shall be retained for 24 months

after the request is closed or for the duration of any litigation hold and/or litigation.

(e) In the event of an accidental activation of a BWC by a member which results in a

recording not perceived to be of investigative or evidentiary value the involved member

may request that specific BWC recording be deleted by submitting a written request

via chain of command to the corresponding Commander.

(f) All retention of recordings outside the parameters identified in this section shall be

approved by the Chief of Police.

450.10.1 RELEASE OF AUDIO/VIDEO RECORDINGS

Requests for the release of audio/video recordings shall be processed in accordance with

Washington State Law (see RCW 10.109.010 and RCW 42.56.240) and the Records Maintenance

and Release Policy (see §810).

450.11 TRAINING

The Training Sergeant should ensure that those members issued a BWC receive initial training

upon issue and refresher training as directed by the department (RCW 10.109.010). Officers shall

attend training on BWCs as directed by the department. Training will include the following:

(a) Department Policy on BWCs.

(b) System preparation and operation.

(d) Procedures for downloading and tagging recorded data.

(e) Scenario based exercises replicating situations that officers may encounter.

450.12 BWC REVIEW COMMITTEE

The BWC program shall be subject to ongoing review and evaluation by the Port of Seattle

Police Department. The Chief of Police shall designate a committee to serve as the Body-Worn

Audio/Video Camera (BWC) Review Committee. The BWC Review Committee shall convene

annually to review the BWC program, to review the BWC Policy, and to make recommendations

for the Chief's consideration. The BWC Review Committee shall include the BWC Coordinator, the

Police Records Specialist and representation from each of the following entities: a Commander, a

Sergeant, an Officer, a current member of the Office of Professional Standards (OPS), a current

member of the Office of Professional Development (OPD), and the collective bargaining units.

450.13 ACTIVATION AMNESTY

Recognizing the need to ensure officers have an opportunity to become familiar with their BWC,

the first sixteen (16) straight time uniformed shifts after officers are initially assigned to wear a

BWC shall be considered an amnesty period. During the amnesty period, no officer will be subject

to discipline for failing to activate a camera for any reason unless there is a willful and intentional

pattern of non-compliance. Evidence of a failure to activate a BWC during the amnesty period shall

not be used or considered for performance evaluations or discipline after this amnesty period. An

amnesty period of eight (8) shifts will apply any time an officer is reassigned from an assignment

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without a BWC for a period of six (6) months or more, and then returns to an assignment with a

BWC. Officers in assignments without a BWC who work extra shifts on assignments with a BWC

will not be subject to discipline for an unintentional failure to activate the BWC if they have not

worked a uniformed shift within the last six (6) months.