Lights... Roll Camera!

Jan. 23, 2009
From police dashboard mounted cameras to citizen cell-phones, police actions are being caught on digital media. How can you protect yourself in the video age?

Post Katrina New Orleans
An incident is videotaped wherein an older black male suspect resists arrest and is taken to the ground and controlled by several white officers or federal agents.
The result: Three police officers are fired for alleged excessive force and charged with assault.

Inglewood, California
Caught on tape an officer punches a young suspect in the head after he is handcuffed and leaning against the patrol car trunk.
The result: Two officers are fired and one charged with battery.

San Bernardino, California
After a high speed chase that ended when the suspect's vehicle crashed a sheriff's deputy is seen in the dimly lit video pointing his pistol at a suspect on the ground who states not to shoot, he's an Iraq war veteran. Suddenly shots are fired and the suspect is wounded.
The result: The deputy is charged criminally for shooting the suspect.

Final result: All of these law enforcement officers were later acquitted of their crimes with most getting their jobs back with back pay.

LE Video

They can be affixed to the inside roof or behind the rearview mirror of the patrol vehicle, mounted on a wall in the booking or DUI testing area, carried on the officer's person, attached to the grip of a Taser® or with new technology, even incorporated in your flashlight. Cameras in police work are everywhere. This doesn't even include digital video technology carried by citizens by way of cell phones or camcorders.

Anywhere at any time, it could happen to you. The next time you are involved in an arrest with other citizens present, after it's safe and the cuffs are on, look at what the crowd is doing. Chances are your enforcement actions are being caught on tape. The problems can grow from there.

It's Only an Image

Video is only a two dimensional image; not the actual incident. Just like your written use-of-force report is based on what you can remember, the video camera only captures what it is directed towards and the parts of the encounter recorded. Depending on when the record button is pressed, this may not include the entire incident from start to finish or the angle may only capture parts of the encounter. Distances can appear off based on the camera's position and suspects aggressive or subtle movements missed based on camera quality, angle and lighting.

You wouldn't want to write a report that said, Arrived on scene; punched suspect in face; left scene and that is what it can look like when only parts of the incident are caught on tape or when the media edits and loops the tape again and again. But make no mistake these images are powerful and are increasing being used against the police, even internally.

Audio and Video

Per Graham v. Connor the test of an officer's use of force is objectivereasonableness; objective versus subjective means that an officers underlying intent or motive is not to be factored into the equation. Profanity or threats of force, although irrelevant from a use of force legal standpoint, frequently taint the video taped force application because their use makes it look as if the officer was angry or lost control. It is hard for the viewer to separate the curse words or threats from the actual physical use of force.

The Untrained Public Eye

The problem with force images caught on tape is that even completely legal incidents can look brutal. Famed police trainer and ILEETA head honcho Ed Nowicki says that use of force is like sausage making, even when it's done right it still doesn't look good. The citizens watching these tapes have no reference to make an informed decision and rather base their opinions on TV cop shows or the idea that it doesn't look good. Throw the "perception equals reality" rule into the mix with a "community activist" that has an agenda, a preformed opinion and a media more than willing to stir the pot and report the fringe element's opinions and you have a recipe for serious problems.

Former police experts looking to make a buck or get their 15 minutes of fame frequently hurt the involved officers as well. Comments such, "you only resort to the fist as a last resort" and similar from some talking head who hasn't a clue on use of force and encounter dynamics, can hurt your case.

Policy on Video Evidence

Your agency should allow officers to review any videotape it produces prior to writing the report. Further, you should be allowed to review any additional tape generated by the public when it becomes available and permitted to amend your reports.

Bill Lewinski, PhD of Force Science, suggests that officers be allowed to review the tape prior to writing their report. This will allow them to refresh their memory and improve the quality of their reporting. Anything less than a review prior to reporting can lead to the written not matching the visual and the invariable question as to why? Further there is the tendency for the agency and others to compare one to the other and focus on inconsistencies. Additional problems with video include:

  1. A tactical critique taking place instead of a use of force investigation, or
  2. Monday morning quarterbacking.
None of these outcomes is positive in terms of the involved officer and not in keeping with the Supreme Court's decision in Graham v. Connor.

If your report has been filed and citizen videos are made available you should amend your report. An addendum after your video review may state something like, Upon review of the videotape of the incident... and then an explanation as to what was not reported or the context or a more detailed narrative of the use of force including what was taped.

Policing in the Video Age

  • Anticipate that every enforcement action you take regardless of location will be caught on tape so be a professional at all times.
  • Write your report with the aid of video. Verbalize control attempts and include warnings like, "Stop resisting", "Don't move your hands" or "Down on the ground or I'll Taze you!" Your verbalization must be included on tape, not just the suspect's.
  • Avoid profanity if at all possible. Yes at times it is the language of the street and can work to assist in controlling suspects but it can make a good use of force sound bad.
  • Review the tape several times. Look at it as an aid in your documentation and be prepared to defend your actions.
  • Look for cameras or cell phones post incident. Direct your responding supervisor to the cameras or owners so they can obtain copies.
  • Don't position yourself between cars during a traffic stop, just to obtain video footage. Drunks and others hit the rear of police cars everyday; don't get injured just to get video.
  • Write good use of force reports. It is vital in this day and age that you take the time to write good paper. It can literally save your career.
  • Agency Public Information Officers should be prepared to educate the media via press conferences or interviews what they are seeing. If we don't put our version or a statement out there to feed the media, they will feed on us.

Law enforcement video can and usually does completely support our actions but from the completely innocuous to a knock-down-drag-out resisting, violent images without additional information can and does hurt us.

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