NEWS

R.I. ACLU has concerns with police policy on body cameras

Karen Lee Ziner
kziner@providencejournal.com

PROVIDENCE, R.I. — As the Providence Police Department celebrated obtaining a matching federal grant to outfit all patrol officers with body cameras, the Rhode Island Affiliate of the ACLU on Tuesday raised concerns, citing discretionary issues in activating the cameras.

The local branch of the American Civil Liberties Union was one of several organizations that the department consulted in writing its policy on how the cameras will be used. With police now months from having body cameras, the ACLU is calling on the department to promulgate new policy, with those discretionary issues in mind.

As announced Monday, all 250 uniformed city officers will don body cameras partly financed by a $375,000 grant from the U.S. Department of Justice. The city needs to come up with money to match the federal funding, which covers Oct. 1 through Sept. 30, 2018, said Chief Hugh T. Clements Jr.

"This is only a step, but it's a big accomplishment on our part," the chief added.

Ten officers tried out cameras from two companies this summer, during month-long trials. There were no internal affairs complaints from officers wearing the cameras, and only two requests for video for trial purposes. Overall, Clements said, the officers were pleased with the cameras. "One officer said he felt like it was part of his equipment, and he wanted to go out and buy one for himself," Clements said.

The 10-page policy is based on best practices and policies from the New York City Police Department, Charlotte Mecklenburg County, North Carolina, the Police Executive Research Forum, the International Association of Chiefs of Police, and the COPS Office at the U.S. Department of Justice. The department also asked for input from the Rhode Island Affiliate of the ACLU, the NAACP and the R.I. Public Defender office.

The policy details how the cameras are to be used, when they should record, and the chain of custody for the recordings. Video used during an arrest or in a criminal case will be considered evidence, which will become public when used in a trial, and those in the video will be able to view it.

In other cases, Clements said, the decision to release the videos will be made on a case-by-case basis and in compliance with the state Access to Public Records Act.

“Under this policy, police have broad discretion in when to turn the cameras on and off, allowing for law enforcement to choose to turn body cameras on after an incident has commenced and the body cameras can no longer shed much-needed light on a situation," the ACLU said.

"Beyond immediate officer safety concerns, any subjectivity in decisions to turn body cameras on or off raises concerns about what is not being captured by cameras, and why.

"While the policy encompasses many of the instances in which a body camera should be activated, unintentional gaps in the 'Body Worn Camera Activation Parameters' leave law enforcement open to allegations of subjective body camera use and may fail to capture many of the instances in which body cameras may be most helpful."

The ACLU also said the policy "lacks clear guidance as to the release of body camera footage."

"Particularly in light of recent events in Charlotte, North Carolina and the controversy surrounding release of footage in other municipalities using body cameras, it is imperative that any body camera policy clearly allow for the release of footage to the public, without delay. The greatest benefit of body cameras to the public is that of transparency in policing — a benefit that is denied to the public if the Providence Police Department can choose to deny access to these videos," the ACLU said.

Clements said the policy is complete, although the department would consider adapting it, if necessary, when the cameras are deployed.

"It's extremely difficult to have a policy that covers all circumstances," Clements said. "This is our good-faith effort to become more transparent."

Body camera policy

The Providence Police Department's policy mandates when officers activate the body cameras:

  • All encounters where there is reasonable suspicion that someone is or may be involved in criminal activity, including dispatch calls and police stops.
  • All encounters where there is reason to believe a person is committing a violation that may result in a summons.
  • All traffic stops and pursuits.
  • All arrests or attempts to take someone into custody.
  • All incidents involving use of force, as soon as practicable.
  • Any public interaction that escalates and becomes adversarial.
  • All searches of buildings.

Officers are prohibited from using cameras in these cases:

  • When dealing with victims of sex crimes or child abuse.
  • In places of reasonable expectation of privacy, such as restrooms, locker rooms, emergency rooms, inside homes.
  • With witnesses who request anonymity.
  • With victims who request not being recorded and who are not confrontational.
  • During strip searches.
  • To avoid identifying undercover officers or investigative techniques.