In one unfortunate incident involving the Waukesha (Wis.) Police Department, a video recording was improperly tagged as a routine traffic crash rather than a use-of-force incident. As a result, the file was inadvertently deleted before the case went to trial. Rather than accept the officer’s account of the incident, both judge and jury cited the missing video as reason to believe that the department was covering up the officer’s actions and that charges against the suspect should be dropped. Had the video footage never existed, the suspect would likely have been sentenced.
Because video evidence is useless if it's misplaced or accidentally erased, many camera manufacturers provide proprietary software to store and catalog video files. Whether data is uploaded wirelessly when the patrol car pulls into the station parking lot, or the camera and DVR are physically plugged into a dedicated computer system inside the station, maintaining the security of the video and preserving the chain of evidence is of utmost importance in presenting that evidence later in court.
To help preserve the integrity of the video evidence, these cameras encode date and time stamps on the video. Also, most video storage systems allow officers to view the files, either through instant replay on a handheld controller or on a connected smart phone, but not make copies or in any way alter the file. Only designated administrative personnel are allowed to burn copies to CD or DVD to be sent to prosecutors or the courts. Discovery motions will still allow individuals and organizations to access court copies of these types of videos, but these data safety measures will greatly reduce instances of having unauthorized videos show up on YouTube or the local news broadcast.
With more departments implementing video recording systems, the public and the American Civil Liberties Union have expressed greater interest in how the video files are used. Additionally, departments that implement body-worn cameras are compelled to develop policies as to when and how long an officer must record an event, who can access the videos, how long video files will be retained, and under what circumstances videos can be released.
The proliferation of recorded evidence by law enforcement has brought forth a number of legal cases that will, for better or worse, help define departmental policies on the use of body-worn cameras. Several police departments across the nation have undertaken pilot programs to test the use of body-worn cameras. Their experiences will likewise inform future users of these devices and spur the camera manufacturers to further improve their products.