But how are the cameras used, what happens to the video they record, and who gets to see it? Here’s what to know about Lexington’s body cameras.
The cameras capture video and audio of interactions between police officers and civilians. Lexington police first began using body cameras in 2016 when they were given an 800-camera shipment that cost the city $2.6 million.
Lexington police renewed their body camera policy in 2021, which required all sworn officers to wear body cameras. The department has authorization to employ more than 600 sworn officers, according to the city. The renewal of the body camera policy was a five-year contract with Axon Enterprise, Inc., a company that manufactures equipment for law enforcement.
Previously, not all officers wore the cameras. The costs of the cameras and the cloud-based video storage are covered in the contract, according to police.
Police say they consider new body camera technology as it develops.
“As new technology for BWC comes available our agency evaluates pros and cons of the technology,” said Sgt. Guy Miller.
When do police use their bodycams?
The police department’s body camera policy says officers have to active the cameras “when such use is appropriate to the proper performance of their official duties, where the recordings are consistent with this policy and law.”
The policy dictates how police are expected to use the cameras.
Officers are expected to have their camera in “buffering mode” when they are available for calls or reporting to or from an assignment. In buffering mode, the camera continuously records video. but it’s not being saved to the camera’s memory. The camera begins storing the recordings when it’s placed into “event mode.”
Officers are required to place their camera in event mode before they officially make contact with a civilian. According to the body camera policy, examples of encounters that should be recorded include:
- Detentions and arrests
- Vehicle and foot pursuits
- Suspicious situations
- All searches
- Interviews
- Disorderly subjects
- Motorist assists
- Traffic collisions
- Parking enforcement and towing
- Emergency operation of a vehicle
- Initial documentation of evidence that could be used in criminal or traffic prosecution
- Any situation deemed appropriate by the officer
When a camera is activated to “event mode,” the previous 30 seconds from buffering mode are saved, and then the camera continues to record beyond that point until it’s turned off. Officers are expected to keep their body camera in event mode until their encounter ends.
How reliable are the cameras?
In 2022, Lexington police body cameras were successfully used 252,211 times, according to Lexington police. There were 166 incident reports filed for cameras failing to record or not being turned on. That indicated a 0.06% failure rate for all situations that should have been recorded in 2022.
The biggest reason contributing to the failure rate was officers not activating their camera, which happened in 116 separate instances, police told the Herald-Leader.
Other reasons for the cameras not recording seemed to be technical: there were instances in which the camera didn’t activate when officers tried to turn it on. There were also battery or cable malfunctions, camera malfunctions and accidental deactivations. In some instances, damage to the camera and concerns for officer safety led to video not being captured.
In 2021 there was a 0.1% rate of body cameras not recording, according to police.
Do officers have to notify people they’re recording?
Officers are not required to inform others when they are being recorded because Kentucky is a one-party state for audio and video recording. Only one person involved in an interaction has to consent to recording. But officers are expected to truthfully answer any questions about body cameras.
Officers are also allowed to record inside people’s homes if they’re given consent, if there is a valid warrant, or if there is a legal exception for police to enter the home, according to the department’s body camera policy.
During strip searches, officers will use their body camera to record a 360-degree view of where the search will happen, according to the body camera policy. But during the search, only audio will be recorded. Officers are expected to reposition their body camera as soon as appropriately possible afterward.
There are several situations in which officers are permitted to deactivate their body cameras, according to department policy. These include times when officers are discussing strategies and tactics, having an investigative discussion with another officer or being directed to turn off their camera by a supervisor. Officers also aren’t required to have their body cameras turned on in specific scenarios:
- When communicating with other employees without their knowledge
- When communicating with undercover members of federal task forces
- When in interview rooms, if the room is being recorded in other ways
- When part of conversations between individuals with privilege, such as attorneys and clients
- While inside a juvenile detention facility
- If entering a location that contains sensitive assets
- While talking to someone who wants to submit an anonymous tip
- When communicating with undercover officers or confidential informants, unless authorized by a supervisor
- Any situation where the officer has reasonable concerns that recording an incident would create undue safety, confidentiality or privacy issues
Who is in charge of bodycam footage?
A body camera administrator, appointed by the police chief, has “full access” to stored camera footage, according to the department’s body camera policy.
There are docking stations at the department’s stations which recharge the cameras and download and store recorded footage. After an officer ends their shift, they are required to dock their cameras by the beginning of their next shift or within three days. If a recording contains criminal information, they must dock their camera no later than the end of their shift.
The original recordings from body cameras cannot be edited by anyone, including system administrators, according to police. Authorized users can create copies to make redactions, such as blurring people or objects, removing audio or shortening the video to relevant sections, according to police. This is commonly done when police publicly release body camera footage.
Officers are required to maintain the body cameras they are assigned. They’re allowed to keep their body cameras at home when they’re not in use.
Who can see bodycam video? Is it open to the public?
Police officers and the public can view body camera video, but only in limited circumstances.
Officers can review their own camera footage when they’re filling out reports or preparing for court matters. Field training officers and probationary officers are allowed to view their own body camera footage for teaching purposes.
But there are also instances when officers are prohibited from reviewing their footage. They can’t review the footage if they’re making a statement with the department’s public integrity unit after using deadly force or causing serious injury or death. But the officers are allowed to review the footage after giving a statement.
If a recording has been categorized as restricted, only select members of the department are allowed to view the recording. When a recording is deemed restricted, only the administrator or an assistant chief’s designee can grant limited access to the recording.
Recordings are not made available to the public unless they’re deemed releasable under department policies and state open records law. The police department says it doesn’t release body camera video more frequently due to individual privacy.
“Individual privacy is one of the most critical issues for people interacting with police,” LPD says on its website. “People often need to seek police assistance when they are going through difficult personal challenges, and the police department is sensitive to those circumstances. Certain groups, particularly juveniles and crime victims, have strong specific privacy protections provided by law.
“The police department must balance the legitimate interest of public transparency with the protection of the individual’s privacy rights. “
Despite rarely releasing body camera video, LPD contends that body cameras still increase police accountability “by recording interactions from start to finish and being available to those involved in the incident, partners in the criminal and civil justice system, and any government agency that investigate the police.”
Recordings are maintained in the department’s storage system for at least 60 days, unless they’re needed longer for litigation or open records purposes. After recordings are no longer needed, they can be deleted automatically. They also can be deleted manually if a criminal case is adjudicated or if the recording was accidentally taken in a private place.
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