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Police Body Worn Cameras Are Becoming Tools of Abuse, Of Accountability
Police body cameras are a device worn by law enforcement that allow the police to gather evidence at a crime scene and, probably more importantly, to record the interactions between law enforcement and the public.
The Brennan Center for Justice has listed a list of nine types of situations when police body cameras should be required to record. They are:
- All calls for service and while en-route to emergency calls.
- Pedestrian stops, including consensual encounters and “Terry Stops” (a brief detention of a person by police on reasonable suspicion of involvement in criminal activity).
- Traffic stops.
- Foot and vehicle pursuits.
- Consensual or warrantless searches.
- Executing search warrants.
- Arrests and detentions.
- Transports (driving with a suspect or prisoner);
- Other adversarial encounters or situations where criminal activity is likely to be recorded.
Body Camera at Center of Political Feud in Rockport, TX
A police body camera video is at the center of a bitter political feud between the Aransas County District Attorney’s Office and the Rockport (Texas) Police Department.
On August 15, 2017, the DA’s Office issued a press release announcing it would no longer accept cases from the police department. DA Kristen Barnebey has been critical of the police department’s handling of offense reports, especially those submitted to her office by Officer Chad Brooks. The DA has accused the officer of lying, withholding evidence, and padding his offense reports with firsthand biased information about suspects he has arrested or otherwise had encounters with.
Officer Brooks had a scheduled meeting with one of Barnebey’s assistants to discuss the manner about the reports he submits to the DA’s office. Officer Brooks wore his body camera to that meeting and recorded the 17-minute session. Mayor C.J. Wax said this unofficial use of Brooks’ body camera was “at least unethical.”
Rockport Police Chief Tim Jayroe has disciplined Officer Brooks for his misuse of the police issued body camera but otherwise has defended the officer’s offense reports and the overall investigatory conduct of his department.
Baltimore PD Rocked by Body Camera Scandals Documenting Misconduct
In Maryland, the Baltimore Police Department has been rocked by a series of police body camera scandals—two incidents involved the police planting evidence that were inadvertently recorded and a third involved an officer recording the reenactment of discovered evidence because when he initially discovered the evidence his camera was not recording. These scandals have resulted in more than 100 cases handled by these officers being dismissed by the District Attorney’s office. Hundreds of more cases involving these same officers is currently under review.
Uses of Body Cameras
Criminal justice reform advocates argue body cameras should be used to provide the public with transparency about police interactions with the general community. Law enforcement has found body cameras can also be extremely useful in documenting arrests and in evidence gathering. The fact that body cameras have become a tool of police corruption h6ly indicates there is a Grand Canyon divide between the police and the community they serve.
Instruments of Injustice
The Leadership Conference on Civil and Human Rights and Upturn (“Leadership Conference”) reported last year that 43 of the nation’s 68 major police departments had body camera programs in place. The Leadership Conference pointed out that a “broad coalition” of civil, privacy and media rights groups have expressed concerns that “without carefully crafted policy safeguards, there is a real risk that these new devices could become instruments of injustice, rather than tools for accountability.”
This concern is evidenced by the Baltimore police officers—planting or staging evidence while the camera is off and turning it back on upon discovering the planted evidence to enhance the legitimacy of the bust—and the Rockport police officer using his body camera for personal use to record a private meeting with another official who was not aware that she was being recorded.
The Rockport police incident underscores the issue of who should control the footage of the body camera. NPR reported this past May that the company, Axon, which “provides secure cloud storage” for police departments, has received more than 4 million hours of video uploads from the police departments it represents. This video storage is controlled exclusively by the law enforcement agencies that produced it.
Alex Vitale, director of the Policing and Social Justice Project at Brooklyn College, told NPR that police generated videos should not be controlled by law enforcement. The exclusive control of these videos by law enforcement undermines the “accountability” goal they’re supposed to provide. “If it’s really a tool for accountability, perhaps the footage should be under the control of an independent entity,” Vitale told NPR.
Public Concerned About Use of Cameras
NPR found there is an increasing concern in many communities that body cameras are “for” the police, not the public. This concern is fed by the practice of too many police departments not adhering to consistent use policies and not releasing the videos to the public.
States Remove Police Videos from Public Disclosure, Open Records
In fact, some states have enacted laws to exclude these videos from public disclosure. Just last year the North Carolina enacted a law, signed by the governor, that excludes police body camera footage, as well as police dash cam footage, from disclosure under that state’s open records law. Three other states—Louisiana, New Hampshire and Minnesota—had joined the non-disclosure bandwagon like North Carolina.
The State of Kansas classifies body camera video as “criminal investigation documents” that are available to the public only after an investigation is closed.
A 2014 report by the Police Executive Research Forum found that “body-worn camera video footage should be made available to the public upon request not only because the videos are public records but also because doing so enables police departments to demonstrate transparency and openness in their interactions with members of the community.”
Fox Guarding the Henhouse
Chad Marlow, an ACLU policy counsel, put it more succinctly, saying: “That’s little bit like the fox guarding the henhouse” when the police have exclusive control over the videos.
Texas’s Police Body Worn Camera legislation, enacted in 2015 and codified at in the state’s Occupations Code § 1701.655 establishes the requirements law enforcement agencies should include in the body camera program, if departments choose to participate in body camera funding program. These requirements, which became effective September 1, 2016, are:
- Guidelines for when a peace officer should activate a camera or discontinue a recording currently in progress, considering the need for privacy in certain situations and at certain locations;
- Provisions relating to data retention, including a provision requiring the retention of video for a minimum period of 90 days;
- Provisions relating to storage of video and audio, creation of backup copies of the video and audio, and maintenance of data security.
- Guidelines for public access, through open records requests, to recordings that are public information;
- Provisions entitling an officer to access any recording of an incident involving the officer before the officer is required to make a statement about the incident;
- Procedures for supervisory or internal review; and
- The handling and documenting of equipment and malfunctions of equipment.
Significantly, this policy does not require a Texas police officer to keep a body camera activated for the entire period of the officer’s shift; however, it does require that the camera be activated only for a law enforcement purpose—a provision that Officer Chad Brooks violated.
Police Departments Stand by Officers
We don’t know who is right or wrong in the current feud between the Aransas County District Attorney’s Office and the Rockport Police Department. Officer Brooks violated departmental policy and was disciplined. The Rockport Police Department, however, is standing by its officers in the way they conduct criminal investigations, including the way they employ their body cameras. The Baltimore Police Department is taking the same position with its officers.
While the Baltimore district attorney is dismissing scores of current charges and reviewing hundreds of other cases for police impropriety, the Aransas County District Attorney is no longer accepting any cases from the Rockport police until they receive new training about how to handle evidence in criminal cases.
While the public has serious and legitimate concerns about public protection as these law enforcement agencies feud, we find it encouraging that some prosecutors are standing up against police misconduct. We have no truck for police misconduct just as we have no truck with prosecutorial misconduct. But we understand that prosecutorial misconduct is too many times influenced in the law enforcement investigatory process because of police misconduct.
Body cameras were designed to document investigations and arrests, while curtailing police misconduct. Unfortunately, corrupt officers have created new ways to legitimize their misconduct.
And that is why, we believe, an increasing number of states are trying to conceal body camera footage from the public. It is far past time for states to require mandatory body cameras on all law enforcement officers and design strict compliance programs to ensure consistent use, retention and disclosure.
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It was a pleasure speaking with John. He is knowledgeable and has a true desire to help the people of society. I turned to him for some guidance of a long-standing issue. He never … More rushed our conversation and went out of his way to look into the details to provide the right answer as well as assist me anyway he could. Thank you for our conversations and I wish your and your firm the best. If you need a lawyer, John Floyd is your guy!
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Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
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Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
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I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
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It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
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Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
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I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
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Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
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John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
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What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
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Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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Great service, very knowledgable and happy to help with any questions I had
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Responded on a holiday week. Very knowledgeable and reassuring.
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Very professional
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I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
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The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
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From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
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I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
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John and Chris are true professionals! Love those guys like family!
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Mr. Floyd and his team are very knowledgeable, informative, and helpful.
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A team you can depend on to stand up and fight for you to prove the truth the whole truth!
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Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
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The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
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I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
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I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
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Extremely helpful!!! Helping me understand the law.
John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization
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