Policy

Corpus Christi Police Department

303

Policy Manual

Mobile Digital Video Recording Systems and

Body Worn Cameras
303.1 PURPOSE AND SCOPE
This policy provides guidelines for the use of Mobile Digital Video Recording Systems (MDVR) and
Body Worn Video Cameras (BWC) by members of this department while in the performance of
their duties. Portable audio/video recording devices include all recording systems whether bodyworn, hand held or integrated into portable equipment such as the MDVR (Tex. Occ. Code
1701.655 et seq.).
This policy does not apply to lawful surreptitious audio/video recording or interception of
communications for authorized investigative purposes (see the Investigation and Prosecution
policy). Additional related provisions are in the Records Maintenance and Release and Protected
Information policies.
(41.3.8 a)
303.2 POLICY
The Corpus Christi Police Department has equipped all marked patrol cars with Mobile Digital
Video Recording (MDVR) systems and has issued Body Worn Video Cameras (BWC) to certain
Uniform Division Officers, in order to provide records of events and assist officers in the
performance of their duties. This policy provides guidance on the use of these systems. (41.3.8 a)
303.3 DEFINITIONS
Activate: Any process that causes the MDVR or BWC system to transmit or store video or audio
data in an active mode.
In-car camera system and Mobile Digital Video Recording (MDVR) system: Synonymous
terms which refer to any system that captures audio and video signals, that is capable of installation
in a vehicle, and that includes at minimum, a camera, microphone, recorder and monitor.
MDVR technician: Personnel certified or trained in the operational use and repair of MDVRs,
duplicating methods, storage and retrieval methods and procedures, and who have a working
knowledge of video forensics and evidentiary procedures.
Body Worn Video Camera (BWC): Any department authorized device that can be worn on the
officers body to capture recorded media in both audio and visual formats.
Recorded media: Audio-video signals recorded or digitally stored on a storage device or portable
media.
303.4 OFFICER RESPONSIBILITIES
Audio-Video recording equipment installed in a vehicle is the responsibility of the officer(s)
assigned to that vehicle and will be operated according to the manufacturer's recommendations.
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Officers who have been issued a Body Worn Camera (BWC) are responsible for operating that
device according to the manufacturers recommendation
All officers in the Uniform Patrol Division will be issued a wireless mobile microphone/
transmitter. Certain Officers within the Uniform Patrol Division shall also be issued a Body Worn
Camera. Officers who have been issued a BWC are required to wear and utilize the BWC
according to policy whenever on duty. It shall be the officer's responsibility to keep the transmitter
and BWC fully charged and functional when reporting for duty. Whenever an officer leaves the
Division for any reason, he/she will return the transmitter and BWC to the Uniform Patrol Division
Executive Officer.
(a)

(b)

At the beginning of each shift, the officer(s) shall:

1.

Conduct an inspection to ensure all equipment, including the remote microphone/

transmitter and BWC, is working satisfactorily and bring any problems to the attention
of his/her supervisor.

2.

Ensure that all previously recorded video has been successfully uploaded to the
server;

3.

Ensure that the video camera is positioned and adjusted properly to record events;

4.

Ensure that his/her assigned wireless transmitter is fully charged and synchronized
to the vehicle's MDVR.

5.

Ensure that the wireless microphone and BWC are properly positioned on the uniform
to effectively capture audio or audio/video recordings; and

During the shift, officers shall ensure that;

1.

Each completed audio/video file is correctly labeled for retention according to the
MDVR/BWC event type pick list. (see section 303.11.1 MDVR and Body Worn
Camera Drop Down Event Pick List)

2.

Each completed audio/video file is identified with either the incident report
number, crash report number, citation number, or CAD event number; and

3.

All video/files recorded during the officers' tour are successfully uploaded to the
server.

Officers shall wear the BWC in a conspicuous manner or otherwise notify persons that they are
being recorded, whenever possible.
Any patrol vehicle with an inoperable MDVR shall be removed from service immediately and
transported to the Police Department Motor Pool. The officer downing the vehicle shall generate
an electronic mail message to PD Units describing the malfunction as clearly and completely as
possible.
Police personnel shall not deliberately tamper with, disable, disconnect, or damage MDVR or BWC
equipment. Any such action will result in disciplinary action up to and including termination.
(41.3.8 e)

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303.4.1 DOCUMENTATION
Officers shall document the existence of any MDVR or BWC recording in any incident report, use of
force report, pursuit report, or any other official record of contact, including any instance where the
recorder malfunctioned or the officer deactivated the recording. Officers shall include the reason
for the deactivation.
Any time an officer reasonably believes a recorded contact may be beneficial in a non-criminal
matter (e.g., a hostile contact), the member shall promptly notify a supervisor of the existence of
the recording.
303.5 SUPERVISOR RESPONSIBILITY FOR MDVR AND BWC
Supervisors shall ensure that all officers in their command are appropriately trained in the use
and operation of the MDVR system and BWC if issued, and that they are familiar with this policy.
Uniform Patrol Division Supervisors shall randomly review at least two MDVR motor vehicle stop
audio/video files each month for each officer under their direct supervision. Any Supervisor working
a grant or special assignment will review one MDVR motor vehicle stop per officer working the
grant or assignment. Supervisors shall record their reviews utilizing the MDVR Supervisor Review
Form.
The purpose of the reviews are:
(a)

To ensure compliance with law and department policy,

(b)

To periodically assess officer performance;

(c)

To ensure the MDVR equipment is functioning properly;

(d)

To determine if MDVR equipment is being operated properly; and

(e)

To identify material that may be appropriate for training.

Supervisors having personnel newly assigned to MDVR and BWC equipment will conduct a
review of the recorded media bi-weekly to ensure the equipment is being operated consistent
with department policy. Once the supervisor has determined that the officer is in compliance with
departmental use of the MDVR and BWC equipment, the supervisor may then conduct monthly
reviews.
Minor infractions (not criminal in nature) discovered during the routine review of recorded material
should be viewed as training opportunities and not as routine disciplinary actions. Should the
behavior or action become habitual after being informally addressed, the appropriate disciplinary
or corrective action shall be taken.
When an incident arises that requires the immediate retrieval of the recorded video file(s)
(e.g. serious crime scene, departmental shooting, fleet accident, or incident that might be
of significant public interest), a supervisor shall ensure the recorded video file is uploaded
immediately at any of the wireless access points (e.g. Headquarters, any assembly point, motor
pool, or City Detention Center) and tagged for retention as evidence.

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Supervisors will periodically monitor MDVR storage in vehicles to ensure that video files are being
downloaded in a timely manner. Failure to download the video files in a timely manner may be
indicative of unreported problems with the MDVR equipment or equipment not being used in
accordance with departmental policy.
Supervisors observing recordings that may require further review should tag those recordings in
question to ensure retention.
Supervisors will identify non-working audio-video equipment and shall insure the equipment is
cleaned, repaired or replaced as needed.
Supervisors will ensure that any officer under their command that leaves the Uniform Patrol
Division returns his/her wireless transmitter/microphone and BWC (if assigned) to the Uniform
Division Executive Officer prior to exit.
Supervisors shall review all available video sources, including MDVR and BWC, prior to making
any recommendation regarding an allegation of misconduct, use of force report, pursuit review, or
commendation.
(41.3.8 g)
303.6 ACTIVATION OF THE MDVR
The MDVR system is designed to record automatically whenever the system is triggered by any
of the following:
(a)

The patrol vehicle's emergency lights are activated;

(b)

The remote microphone/transmitter is activated;

(c)

The patrol vehicle exceeds the preset speed threshold;

(d)

The rear door is opened (rear camera only); or

(e)

The manual activation button is depressed;

The system remains on and continues to record until manually deactivated.

At all times when the video recording unit is on, the wireless or in-car microphone will be activated
to record the audio portion of the incident.
The in-car microphone shall be used to record suspect and prisoner conversations that take place
inside the vehicle. Because a person has no reasonable expectation of privacy in a patrol vehicle,
officers must never indicate that a suspect or prisoner may speak privately while in the vehicle.
303.6.1 REQUIRED ACTIVATION OF THE MDVR
This policy is not intended to describe every possible situation in which the MDVR system may
be used, although there are many situations where its use is appropriate. An officer may activate
the system any time the officer believes its use would be appropriate and/or valuable to document
an incident.

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In some circumstances it is not possible to capture images of the incident due to conditions or the
location of the camera. However, the audio portion can be valuable evidence and is subject to the
same activation requirements as the MDVR.
(a)

(b)

The MDVR system shall be activated in any of the following situations:

1.

Motor vehicle stops.

2.

Vehicle pursuits.

3.

Arrests.

4.

Pedestrian stops

5.

Vehicle searches.

6.

DWI/DUI investigations including field sobriety tests.

7.

Prisoner Transports.

8.

City Vehicle Accidents

The MDVR system should be activated in any of the following situations

1.

Family violence calls.

2.

Disturbance of peace calls

3.

Suspicious vehicles.

4.

Offenses involving violence or weapons.

5.

Any call for service involving a crime where the recorder may aid in the apprehension
and/or prosecution of a suspect.

6.

Physical or verbal confrontations or use of force.

7.

Any other contact that becomes adversarial after the initial contact in a situation that
would not otherwise require recording.

8.

Any other circumstance where the officer believes that a recording of an incident
would be appropriate or beneficial.

(41.3.8 b)
303.7 BODY WORN VIDEO CAMERAS
A limited number of officers within the Uniform Patrol Division shall be assigned Body Worn Video
Cameras. Officers shall only carry and utilize Body Worn Video Cameras that have been approved
and issued to them by the Department. Privately owned body worn cameras are prohibited. (Tex.
Occ. Code 1701.658) Officers will immediately report any loss of, or damage to, any part of the
Body Worn Video Camera equipment in writing to the Uniform Patrol Division Executive Officer
via their chain of command. Malfunctioning or damaged BWCs may be turned in directly to the
MIS Dash/Body Camera Administrator or to the MetroCom Supervisor after hours. (41.3.8 e)

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Whenever possible officers will inform other officers and/or other criminal justice personnel
(e.g. prosecutors, judges, or other law enforcement personnel) that an officers body camera is
recording.
Officers shall not record confidential informants or undercover officers.
303.7.1 REQUIRED ACTIVATION OF BWC
This policy is not intended to describe every possible situation in which the BWC should be used,
although there are many situations where its use is appropriate. Members should activate the
recorder any time the member believes it would be appropriate or valuable to record an incident.
The BWC shall be activated in any of the following situations:
(a)

All non-consensual citizen contacts such as motor vehicle stops, pedestrian stops,
suspicious persons, disturbances, fights, loud music, in progress calls, etc.

(b)

Self-initiated activity in which a member would normally notify Metrocom.

(c)

All arrests or use of force situations.

(d)

DWI Investigations.

(e)

Vehicle searches.

(f)

All investigations involving family violence. (except when conducting the Family Violence
Lethality Screen. See Policy 418, Section 418.5.1)

(g)

All investigations involving child abuse or neglect.

(h)

Any investigation where the officer requests consent to search a home, building, storage
shed, apartment, or similar structure.

(i)

While counting or inventorying seized currency.

(j)

Any other contact that becomes adversarial after the initial contact in a situation that would
not otherwise require recording.

(k)

Any other circumstance where the officer believes that a recording of an incident would be
appropriate or beneficial.

Any officer failing to activate the BWC as required above shall document the reason for not
activating the BWC in any subsequent incident report, use of force report, or official department
document. (Tex. Occ. Code 1701.655)
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.

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At no time is a member expected to jeopardize his/her safety in order to activate a BWC or change
the recording media. However, the BWC shall be activated in situations described above as soon
as practical.
An officers justification for failing to activate the body worn camera because it is unsafe,
unrealistic, or impractical will be evaluated based on whether a reasonable officer under the same
or similar circumstances would have made the same decision.
(41.3.8 b)
303.7.2 EXPLOSIVE DEVICE
Many portable recorders, including body-worn cameras and audio/video transmitters, emit radio
waves that could trigger an explosive device. Therefore, these devices should not be used where
an explosive device may be present.
303.8 CESSATION OF MDVR SYSTEM AND BWC RECORDINGS
Once activated, the MDVR and/or BWC shall remain on and recording until the incident has
concluded. For purposes of this section, conclusion of an incident has occurred when all arrests
have been made, arrestees have been transported and all witnesses and victims have been
interviewed.
For motor vehicle stops, the incident is considered concluded when the violator has been cited or
warned, has returned to his/her vehicle and has driven off.
At major crime scenes such as homicides, officer involved shootings, or other major events, the
on-scene incident commander may authorize officers to stop recording prior to the conclusion of
the incident when:
(a)

The crime scene is likely to continue for an extended period of time; and

(b)

There is no evidentiary value for continuing the recording.

When transporting prisoners to the CDC, Main Station or authorized prisoner transfer point,
officers shall stop recording on the MDVR front camera.
Once arrived at the CDC or Main Station, officers shall stop recording on the rear seat camera as
soon as possible once the prisoner has been removed from the patrol car.
Officers may stop the recording during non-emergency activities with no evidentiary value such
as traffic control at major wrecks, fires, or incidental citizen contacts such as providing assistance,
routine traffic control, parades, stand-by for wreckers, etc. (41.3.8 b)
303.9 WHEN ACTIVATION IS NOT REQUIRED
Activation of the MDVR or BWC system is not required when exchanging information with other
officers or during breaks, lunch periods, when not in service or actively on patrol.
No member of this department may surreptitiously record a conversation of any other member of
this department except with a court order or when lawfully authorized by the Chief of Police.

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The BWC will not be activated in places where a reasonable expectation of privacy exists, such
as dressing rooms, locker rooms or restrooms.
The BWC will not be intentionally activated to record conversation(s) of fellow employees with or
without their knowledge during routine, non-enforcement related activities.
Officers shall not record confidential informants or undercover officers.
Officers shall not intentionally leave the BWC unattended in a position to record any individual in an
area where that person or any member of the public may have a legitimate expectation of privacy.
BWC activation is not required for routine, not in progress report calls such as thefts, burglaries,
minor traffic crashes, etc. where no arrests are made or immediately anticipated.
(41.3.8 c)
303.10 UPLOADING MDVR AND BWC VIDEO FILES
All MDVR and BWC files will be uploaded at the end of every shift by the officer who recorded
them. Any officer requesting to leave at the end of their shift without having completed the video
upload shall obtain approval from an on-duty supervisor.
If an officer cannot upload MDVR or BWC video files due to a system malfunction, the officer
will notify a supervisor immediately, who will then notify the MDVR System Administrator. A work
order shall be completed and forwarded to the MDVR System Administrator when an immediate
solution is not found.
Officers shall not open the digital recorder or remove the removable hard drive from the unit.
Only personnel who are authorized to remove the hard drive shall do so and then only under the
following conditions:
(a)

The MDVR is damaged and will not upload;

(b)

The patrol car is damaged and becomes inoperable;

(c)

If the patrol car is under repair and requires removal of the hard drive;

(d)

When ordered by the Chief of Police or designee.

(41.3.8 d)
303.11 RETENTION REQUIREMENTS
All video files that are not tagged for retention as evidence or for internal purposes will be retained
for a minimum of 90 days after which time it will be deleted from the digital video storage system.
Whenever a video file is marked as evidence or a complaint is received in which the incident was
recorded, that video will be held in accordance with the appropriate State and Federal retention
requirements.

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The City Municipal Information Systems Department (MIS) is the official administrator of the CCPD
Digital Video Storage System (DVSS). MIS is responsible for maintaining security of all data within
the DVSS and ensuring best practices in disaster recovery are employed. (41.3.8 d)
303.11.1 MDVR AND BODY WORN CAMERA DROP DOWN EVENT PICK LIST

EVENT TYPE

DESCRIPTION

COMMENTS

RETENTION PERIOD

MOTOR
VEHICLE STOP:

Traffic stops made by

primary officer. When
selected, will prompt
officer to answer the
required five racial
profiling questions. Only
primary officer should
select this event type.
Back up officers should
select Traffic Assist, but
use same event number.

Requires CAD
event number.

180 Days

TRAFFIC ASSIST:

Back-up on traffic
Requires Crash number
stops, traffic control for
or CAD event number.
wrecks, parades, events,
stranded motorists, etc.

90 DAYS

CALL FOR SERVICE:

Routine disturbance
calls, minor traffic
wrecks, loud music,
pedestrian stops with no
arrest or citation, routine
investigations, etc.
where no arrest is made.

Requires ILeads
Incident number or
CAD event number.

180 DAYS

ARREST:

All recordings when an

arrest is made (other
than DWI or Vehicle
Pursuit). Primary, Backup and Transporting
Officers should all
select this event type
and use the same
ILeads incident number.

Requires ILeads
Incident number.

2 YEARS

DWI:

All DWI arrests. Primary

and back-up officers
should select this event
type and use the same
Ileads Incident number.

Requires ILeads
Incident number

10 YEARS

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VEHICLE PURSUIT:

Requires ILeads Incident

number. All officers
should select this event
type and use the same
Ileads Incident number.

Requires ILeads
Incident number.

2 YEARS

MAJOR EVENT:

Shootings, stabbings, major

traffic wrecks, etc. where
no arrest is made. All
officers should select
this event type and
use the same Ileads
Incident number.

Requires ILeads
Incident number.

180 DAYS

TEST:

Testing system at
beginning of shift.

No incident or event
number required

30 DAYS

GENERAL:

Calls where no case

number or event number
is assigned: accidental
activation, citizen assist,
minor routine consensual
contacts, etc.

No incident or event
number required

90 DAYS

303.12 REVIEW OF RECORDINGS

When preparing written reports, members should review their recordings as a resource. Members
should not use the fact that a recording was made as a reason to write a less detailed report.
Recorded files may also be reviewed:
(a)

By any officer reviewing his or her own video file for official police purposes.

(b)

By any officer before that officer is required to make a statement about any incident where
audio or video recordings involving the officer exist.

(c)

By a supervisor investigating a specific act of officer conduct or to assess officer

performance.

(d)

By a department investigator who is participating in an official investigation, such as a

personnel complaint, administrative inquiry or a criminal investigation

(e)

By an officer who is captured on or referenced in the video or audio data and reviews and
uses such data for any purpose relating to his/her employment.

(f)

By court personnel through proper process or with permission of the Chief of Police or the
authorized designee

(g)

By the media through proper process or with permission of the Chief of Police or the
authorized designee or in compliance with a Public Records Act request

(h)

By any supervisor or member of the Training Section to assess possible training value

(i)

If an involved officer objects to the showing of a recording, staff will determine if the training
value outweighs the officer's objection.

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(j)

By a supervisor during periodic reviews for compliance with racial profiling laws (Tex.Code
of Crim. Pro. art. 2.132(d))

In no event shall any recording be used or shown for the purpose of intentionally ridiculing or
embarrassing any employee.
While reviewing video files, personnel shall do so in a manner that restricts non-departmental
personnel or citizens from viewing recordings.
(41.3.8 g)
303.12.1 COPIES OF VIDEO RECORDINGS
All video files recorded under this policy shall remain the property of the Corpus Christi Police
Department. Members shall have no expectation of privacy or ownership interest in the content
of these recordings. Personnel will not edit or in any manner alter video files without prior
authorization and only for approved official police business. Personnel are prohibited from
unauthorized review, copying, reproduction or keeping any images so produced for personal use
or entertainment.
All requests for copies of video files made by representatives of the media, private attorneys,
or other members of the public will be processed, reviewed, and redacted when required by
statute, and released by the Department's Open Records Section.
All recordings shall be reviewed by the Custodian of Records or designee prior to public
release (see the Records Maintenance and Release Policy). The Open Records Department
will comply with the Texas Open Records Act (Chapter 552 Government Code) and sections
1701.661 through 1701.663 of the Texas Occupations Code regarding the release of any and all
MDVR, BWC, or other audio/video files.
303.13 TRAINING
Only those officers who have successfully completed an approved course of instruction are
authorized to use the MDVR or BWC. Only those officers and civilian employees who have
completed an approved course of instruction are authorized to access, review, copy, and archive
audio/video files in the MDVR/BWC back office software.
The Training Captain shall ensure that members who are assigned to wear body-worn cameras
and any other personnel who may come into contact with data obtained from the use of bodyworn cameras receive related Texas Commission on Law Enforcement (TCOLE) training (Tex.
Occ. Code 1701.656).
(41.3.8 f)
303.14 POLICY REVIEW
The Accreditation Manager shall ensure that this policy is reviewed by command staff on an annual
basis.

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