Bowser Wants Body Cam Footage Exempt from Open Records Law

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  • BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,183
    南馬里蘭州鮑伊

    StantonCree

    Watch your beer
    Jan 23, 2011
    23,932

    You shouldn't have access to it! It shouldn't be published until possibly after the court records are completed. It's always recording and say I forget to turn it off and use the bathroom, you shouldn't have access to that.

    You also shouldn't have access to my conversations in between calls. I am a human and I do develop relationships and I may talk about my family, any personal issues with my partner, and things in my life that would give you access to information about me. I throw temper tantrums towards my partner as well and you shouldn't have access to not only view that but publish it.

    Not to mention when I respond to a call you shouldn't have access to what the inside of someones house looks like, a verbadum account of your neighbors personal problems, or anything of that nature.

    You want to talk about a violation of privacy? Say I video our traffic stop and i point my camera at your face, your tag, your license (which has your addess and DOB), and say I somehow get your SS# then I voice that??? Should you have access to that?

    How would you feel if I responded to a call between you and your wife and all your dirty laundry was thrown out on YouTube? Or if it was your License being broadcast on YouTube?? You like privacy? Kiss that goodbye if these video's are easily accessable on public records?


    I want to flip a bitch knowing that you can obtain access to EVERYTHING about any Search Warrants I obtain. I have to be EXTRA careful to be super generder neutral, not get to into detail, and avoid any snitchs names/numbers.
     

    joppaj

    Sheepdog
    Staff member
    Moderator
    Apr 11, 2008
    46,702
    MD
    As long as they're available for evidence in court, that should suffice. They don't need to be on YouTube.
     

    pitpawten

    Ultimate Member
    Jan 28, 2013
    1,611
    Good points here WRT privacy.

    I say the key is that every bit (digital bit) of video must be treated as evidence from the time it is recorded, and have a proper (digital) chain of custody just like a bullet casing picked up from the scene.

    If the raw video can be edited, deleted or "lost" by the local department that generated it, then its value is 0.
     

    joppaj

    Sheepdog
    Staff member
    Moderator
    Apr 11, 2008
    46,702
    MD
    Evidentiary chain must be well and openly documented. That said, the overwhelming majority of what gets recorded won't be of any interest to anyone. SOMEONE will have to sort and delete the hours of unnecessary video.
     

    TheBert

    The Member
    MDS Supporter
    Aug 10, 2013
    7,731
    Gaithersburg, Maryland
    What should the penalty for the police turning off their cameras when interacting with the public? The problem will be what were the police trying to hide when they turned off their body camera or other cameras and failed to video the interactions? If the police were above reproach then the cameras wouldn't be in demand these days.

    The police in general have an image and integrity problem which is evidenced by the police's actions on recordings made by body cameras and citizens recording their interactions and others just videoing the police.
     

    joppaj

    Sheepdog
    Staff member
    Moderator
    Apr 11, 2008
    46,702
    MD
    There are already plenty of laws concerning tampering with or destroying evidence.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,561
    SoMD / West PA
    You shouldn't have access to it! It shouldn't be published until possibly after the court records are completed. It's always recording and say I forget to turn it off and use the bathroom, you shouldn't have access to that.

    You also shouldn't have access to my conversations in between calls. I am a human and I do develop relationships and I may talk about my family, any personal issues with my partner, and things in my life that would give you access to information about me. I throw temper tantrums towards my partner as well and you shouldn't have access to not only view that but publish it.

    Not to mention when I respond to a call you shouldn't have access to what the inside of someones house looks like, a verbadum account of your neighbors personal problems, or anything of that nature.

    You want to talk about a violation of privacy? Say I video our traffic stop and i point my camera at your face, your tag, your license (which has your addess and DOB), and say I somehow get your SS# then I voice that??? Should you have access to that?

    How would you feel if I responded to a call between you and your wife and all your dirty laundry was thrown out on YouTube? Or if it was your License being broadcast on YouTube?? You like privacy? Kiss that goodbye if these video's are easily accessable on public records?

    I want to flip a bitch knowing that you can obtain access to EVERYTHING about any Search Warrants I obtain. I have to be EXTRA careful to be super generder neutral, not get to into detail, and avoid any snitchs names/numbers.

    When you are on duty as a LEO, you have no expectations of privacy.

    Once you are in a break, that is a different story.
     

    Brychan

    Ultimate Member
    Apr 24, 2009
    8,437
    Baltimore
    I think it is great idea, but needs to be expanded to all state and federal employee's especially the elected ones, it would not be fair to single out the police.
     

    joppaj

    Sheepdog
    Staff member
    Moderator
    Apr 11, 2008
    46,702
    MD
    When you are on duty as a LEO, you have no expectations of privacy.

    When you're at home in your boxers and the locals show up with a search warrent, do you have REP to everyone that wants to see the video? When cops are meeting with an informant or interviewing a witness or victim, should those interactions be easily available to the public? It May be that everything gets recorded but after listening to the officer using the bathroom three times a day, I suspect that limits on what info is kept will be established.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,561
    SoMD / West PA
    When you're at home in your boxers and the locals show up with a search warrent, do you have REP to everyone that wants to see the video? When cops are meeting with an informant or interviewing a witness or victim, should those interactions be easily available to the public? It May be that everything gets recorded but after listening to the officer using the bathroom three times a day, I suspect that limits on what info is kept will be established.

    I do not know what would get more hits on youtube? The hilarious comedy of my junk poking into the wind, or the shear envy of my junk swinging in the wind :D

    Seriously, when an officer is on break, the camera's should be turned off. When the officer is dealing with whomever on duty, then that is fair game (to include the inside of someone's house). A PIA/FOIA request would be needed to get the video, and if there is any redaction required for privacy sake, that is done by someone doing the releasing.

    It is common now, people videoing LEOs and posting to youtube voluntarily.
     

    joppaj

    Sheepdog
    Staff member
    Moderator
    Apr 11, 2008
    46,702
    MD
    I get your point, but there's two considerations in my mind. Most cops aren't on a formal break when they run in to use the bathroom. I expect that it will lead to review nd delete, but we'll need reviewers of both genders.

    I also get your point that many people are already uploading their interactions to YouTube. It shouldn't be the state's right to hold on to video of me in the bathroom when a Trooper came in to take a leak. It also shouldn't be the state's right to release the images of someone interviewing a victim without their consent.

    Long and short, I think most things are going to be recordable. How much of it must be publicly accessible and under what circumstances is probably the crux of it.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,561
    SoMD / West PA
    That would be a change in procedure.

    Bathroom breaks would have to be called in, or you wait until you are officially on a break.

    This is no different than calling in the police car is on the road, when the LEO is not on duty.
     

    joppaj

    Sheepdog
    Staff member
    Moderator
    Apr 11, 2008
    46,702
    MD
    Can't comment on that one. I suspect every Department has different regs on what has to be called in.
     

    Z_Man

    Ultimate Member
    May 23, 2014
    2,698
    Harford County
    wait wait wait... you are expecting people to call in to take a piss? look, record all of the info, store it as evidence, if someone wants to see the stuff, they need to do a FOIA type request for something. I am not as concerned of the privacy of the officers, more than those the officers interact with in public or private. the body cam is not meant to be the next reality TV, or an improvement on the cops shows. it is an evidence recording device. the public doesn't get to see all the evidence of EVERYTHIHNG that ever happens.

    If you or a family member has an encounter with a uniformed police officer, or an on duty out of uniform police officer, you should be able to get that video without any restrictions. if the cops were at your neighbors house, and you want to be nosy you shouldn't be able to see the video of the police officer in their house... or if your coworker gets pulled over for speeding, you shouldn't get that video either, its not your business, it is the agencies business to keep the video for liability purposes... its just like the requirements of the government keeping emails... it is the paper trail...

    now the officers supervisor should also have access to that officers video. assuming the supervisor is an honorable individual this would bode well.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,561
    SoMD / West PA
    It's pretty common place in manufacturing.

    The machines need to be kept running if the company is to remain profitable. If a worker bee needs to go on break, either they wait till it's time or they get relieved from their work station by someone else.

    Calling in breaks, would also allow management to calculate how much time is not going to the tasks required by the job. My CMMI background is showing :o
     

    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,183
    南馬里蘭州鮑伊
    For all the LEOs having a sh1tting hemorrhage over this...

    If you had taken the time to actually read the article all the way through, you would have noticed the sentence (I did) about the ton of privacy laws already on the books that protect your bathroom breaks, calls to momma-san, and whatever else. Also, it probably didn't occur top you that the body cam video provides hard-to-deny evidence in YOUR favor for excessive force beefs and meetings with the FTP bunch and other lower life forms of that nature.

    Chances are the videos would sit on a server somewhere untouched for probably five years or so and then be deleted. Nobody - even the Feds - archives non-records forever. It's just too expensive. And nobody's going to screen and extract part of your day for no reason. Understand?

    Other departments have been doing this for years and have NOT shielded the raw video from the public. But if it's older than "still on shift," the complaintant's lawyer has to go through a few terrabytes of data on an archive disk to locate the few kb pertinent to the complaint. Excessive force and wrongful arrest beefs dropped off dramatically where the body cameras are in use.

    That is all. Be safe. Out here.
     

    Reptile

    Ultimate Member
    Sep 29, 2014
    7,282
    Columbia MD
    Evidentiary chain must be well and openly documented. That said, the overwhelming majority of what gets recorded won't be of any interest to anyone. SOMEONE will have to sort and delete the hours of unnecessary video.

    I understand Hillary Clinton's staff has some considerable expertise in that area. Especially the part about determining what is necessary and what is not.:innocent0
     

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