Police Body-Worn Cameras: What Prosecutors Need to Know

Author(s): Kristine Hamann, PCE

As police departments across the United States embrace the use of police body-worn cameras (“BWCs”), it is imperative that prosecutors be involved in the uptake process as early as possible. The cameras will inevitably capture a great deal of evidentiary material that will be used in every type of criminal prosecution. Thus, systems and policies must be developed to ensure that this evidence is properly captured and delivered to the prosecutor in a timely and usable way.

Author(s): Kristine Hamann, Rebecca Rader Brown

In May 2013, a Colorado man fails to show up to work. Concerned, the man’s boss visits his house, where the man’s roommate refuses to let the boss enter. The boss contacts the police, who launch a missing person investigation. Using cell tower technology, police are able to approximate the missing man’s location in the hours leading up to his disappearance.

This eyewitness identification toolkit provides prosecutors with an overview of the research behind witness memory and offers guidance for developing identification procedures. Prosecutors should take the lead in making sure that the identification procedures used in their state yield reliable, admissible evidence. The first step is to learn what procedures their police departments are using and to determine if they are fair and reliable.

Prosecutors’ Center for Excellence is available to prosecutors to offer further assistance on the issues briefly described below.

Video evidence is exploding. Surveillance videos, YouTube clips, smart phone recordings and body worn camera videos are frequently part of the evidence in a case. This primer provides guidance for managing video evidence in the office and for introducing it in court. Read

June 23, 2016 — Volume 14

Around the country, prosecutors have supported the recording of custodial interrogations and have pushed for the creation of voluntary policies and, in some instances, endorsed legislation. Police have embraced this technology as well. The Colorado Best Practices Committee issued a report providing a national perspective on the progress made in this area. Also included are sample policies and articles from other states that reflect prosecutor’s leadership in promoting the recording of interrogations.  Much of this work was spearheaded by Best Practices Committees.

January 14, 2016 — Volume 5

Police departments around the country are purchasing body worn cameras (BWC) at an accelerating pace. Prosecutors should get involved in this process as early as possible. Here is a brief overview of some of the issues prosecutors may consider. Also attached is a selection of model policies, articles and reports that provide more detailed information.

December 15, 2015 – Volume 4

Since 2014, Apple and Google’s new operating systems automatically encrypt their phones. This means that if law enforcement does not have the password, Apple or Google can no longer access the phone, even with a court ordered search warrant. The encryption may apply to some computers and laptops as well. So if a murder victim never divulged his or her passcode to anyone, or if a suspect refuses to disclose his passcode, the potential evidence or clues on the phone may remain permanently inaccessible.

October 25, 2014 – Volume 2

In September 2014, Apple issued an update to its operating system for iPhones and iPads, known as iOS 8. In the coming weeks, Google is also expected to unveil an updated operating system -­ known as Android “L” -­ for most Android cellphones and tablets. Both new software packages will significantly curtail law enforcement’s ability to look for data on smartphones and tablet devices, even with properly obtained search warrants or other judicial process. The following are some points for law enforcement to consider:

Author: Kristine Hamann