Use of Body Camerasin Domestic Violence Interviews
Law enforcement officers and prosecutors understandthat photography is a crucial tool in the collection and documentation of evidence to aid successful prosecution of those who commit violence against their family members and intimate partners. With the development of portable and affordable body cameras,law enforcement officers have another resource thatcan assist with digital documentation of domestic violence evidence. Documentation of the crime scene and injuries with the use of video and still photography are important and powerful tools in the investigation of domestic violence crimes. When injuries, as well as the general atmosphere and tone of the scene, along with the footage of previously photographed evidence are recorded it is possible for prosecutors to move forward with charges without requiring the victim's testimony.
This document is intended to offer guidance on appropriate use of body cameras to document and prosecute domestic violence cases. Throughout this document, victims are referred to as “she” and perpetrators are referred to as “he”. This is not to suggest that all victims are female.However,in the majority of domestic violence cases the victim is female and the perpetrator is male. This language is utilized for the ease of the readers and is not intended to minimize the experience of male or transgender survivors of domestic violence.
The Value of Using BodyCameras in Domestic Violence Cases:
As previously noted, the use of body camerascan be an asset in an investigation.
1) Body camerasprovide a powerful description of the scene and people involved. No matter how graphic or verbally accurate an officer describes a victim’s injuries or emotional state, it does not have the same impact on a judge or jury as a video.In addition to being a valuable tool in investigations, the camera captures demeanors, statements and emotions that an officer’s words can rarely describe.
2) Body camerascan be used to record statements and document information. Studies have found that the closer in time a statement is made to an incident, the more reliable that statement tends to be. With the use of a policebody camera, the officer is able to document and record the demeanor of both the victim and the offender at the time their statements are made. Showing the victim’s fear, stress, and injuries, as well as the perpetrator’s behavior during or shortly after the incident are key elements to successful prosecution of the perpetrator. Capturing this type of video with a body cameracan be extremely powerful evidence for a judge or jury to see and hear.
3) Body camerasmay document exigent circumstances. An “exigent circumstance” is an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property. Audio and video documentation of emergency situations can provide valuable information for prosecution and may document the rationale officers used to take emergency actions. Officers are often required toreact to situations they find difficult to articulate. Body camerascan help explain the officers’ mindset and justify the actions taken.The information gathered through abody cameramight save evidence from being considered inadmissible and could limit officer and agency liability.
4) Body camerascan record excited utterances. An “excitedutterance” is an unplanned reaction or statement made in response to a "startling event". In addition to being an exception to the hearsay rule, these statements provide an insight into the facts and dynamics of the moment. By capturing these statements as they happen,body cameras can provide insight into just how startling an event might have been and the immediate reaction it produced.
Considerations When Using aBodyCamera:
While there are many reasons to utilizebody cameras, there are also important considerations:
Objections to the Use of Body Cameras:
Under the 4thAmendment of the United States Constitution, all persons have a heightened expectation of privacy in their residence. With this in mind, if the recording is being done inside the residence, the officer should inform the resident that they are being recorded as soon as it is reasonable to do so. If an individual objects to being recorded, the request should be documented prior to stopping the recording. If an officer must legally ask permission to enter the premises, they should ask if the resident will allow the recording.
While video evidence can be useful to the prosecution of a case, a victim still has the right to refuse to be recorded. If the victim says “no” to being video recorded, this should not be taken as her not wanting help; rather she may be uncomfortable or embarrassed about having a video recording of the incident. It is also possible that the victim fearsphysical or emotional retaliation by the abuser if she allows the investigation to be recorded. Officers should be empathetic to the victim’s circumstances and support her rights and wishes.
When seeking permission to record, officers should be cognizant of language barriers. When officers ask for permission to record it is important to secure the agreement using a language the victim understands. If there is a language barrier between the officer and the victim,officers should provide an interpreter andobtain assistance from appropriate persons who will support her right to make a fully informed decision.
In the end, regardless of whether abody camerais used or not, it is important to document as much as possible for your report. Attempt to obtain permission. However, if it is not granted, continue to investigate the incident with a focus on presenting a case that can be successfully prosecuted.
Presence of Children:
If children are present, refer to your agency’s policy as it relates to recording children with your body camera. If a body cameracannot be used to record children at the scene, make sure to record a verbal announcement that children are present and point the camera in a safe direction, continuing to usethe audio recording function of thebody camera. Verbally describe the children’s age, appearance, demeanor, and location in the home. Document if they arecrying, hiding or displaying some additional reaction to a potentially traumatic event. Do not turn off the audio or stop recording unless otherwise requested by the adult victim.
Always obtain all of the children’s identifying information.If child abuse, neglect or abandonment is suspected, report this information to the Florida Abuse Hotline(1-800-962-2873).
Referral:
Law Enforcement’s role at the scene ofa domestic violence incident is not just as an investigator, but as a resource as well. Tell the victim that there are people at the local certified domestic violence center who can provide services to her. In addition to providing the victim with the Legal Rights and RemediesNotice, you can ask the victim if it is safe for them to use their personal phone, or usean agency phoneto call thelocal certified domestic violence center or The Florida Domestic Violence Hotline. Once a hotline advocate is on the phone, the officer should identify who they are, the agency they represent, and the general reason for calling. If the victimis willing, place her on the phone with the advocate. If the victim chooses to speak to an advocate on the hotline, please step away from the victim so her confidentiality can be maintained.
Suggestions for Use of BodyCamerasat the Scene:
1) Turn on the bodycamerawhile enroute to the scene.There may be evidence collected prior to arriving on-scene such as a perpetrator fleeing the scene, an ongoing assault or the presence of witnesses in the area. In-car cameras can gather some information, but may not capture peripheral information and may not be effectiveif an officer leaves the vehicle.
2) Dictate into the body camera while approaching the scene. Describe observations and details that might be useful when writing a report or testifying in court.
3) Scan the entire scene with the body camera to capture as much evidence as possible. During the scan, be cognizant of capturing information about:
- the suspect,
- the victim,
- any children present,
- witnesses,
- the presence of injuries,
- theinvolved individuals’ personal appearance, including the conditions of clothing or signs of struggle,
- damage to personal property (current and previous damage), and
- weapons (manufactured and improvised) – including ammunition, empty holsters or scabbards, open kitchen drawers, open tool boxes, etc.
4) Record suspect interviews on-camera. A recorded suspect interview could document evidence or produce a confession. Even if the offender does not confess, the suspect’s demeanor might provide insight into the power and control mindset used to manipulate his intimate partner. Remember to record and document any Miranda Warnings given to the suspect.
5) Record witness interviews on camera. Conducting an on-camera interview can help gather more useful information than a freehand written statement. When interviewing a witness, remember to obtain accurate and up-to-date contact information as well as a factual account of events.
6) If agreed to by the victim, recordvictim interviews on camera. Oftentimes the most powerful information we can gather is the victim’s own story in her own words. In addition to obtaining the facts, a video recording of a victim telling of her experience can demonstrate the traumatic impact the abuse has had on her and her family. In addition to conducting an informational interview, record the victim’s answers to the FCADV Risk Assessment and your referral to the local certified domestic violence center or The Florida Domestic Violence Hotline.
7) Once the scene is safe, walk around the exterior of the residence and document anything that might be indicative of present or past domestic violence. The “crime scene” might not be contained within the interior of the home. Items that might be found outside are discarded weapons or indications of a struggle.
8) Supplement the video evidence with digital photography. Although a body camera is being used, be sure to take photographs of the scene and do not rely solely on the video content of thebodycamera. Photographs can be an excellent way to show close-up images of property damage and injuries. When using a digital camera, start with long range and panoramic shots; then move in for close-up photographs. Remember to review the photographs for clarity and their ability to display the evidence you intend to document.For more information on using photography to build domestic violence cases you can refer to this document: or this web-training video:
9) Enhance the photographic evidence with written documentation. Florida State Statute 741.29(2)(c) states, “Whenever possible, the law enforcement officer shall obtain a written statement from the victim and witnesses concerning the alleged domestic violence.” Still photography and video recordings provide excellent information, but it is important to secure written statements as often as is possible. In addition to meeting the requirements of state law, allowing people to prepare written statements gives them the chance to process information on their own timetable and in their own logical order.
Summary:
Bodycamera footage can help officers document key points of their investigation as well as assist them and the victim in telling the story of what happened to the prosecutor and the court. The bodycameraaudio and video can show the perpetrator’s demeanor, as well as the victim’s injuries and emotions at the scene. Body camerafootage allows officers to record sights, sounds and statements thatcan document the graphic nature of intimate partner violence. When used within the confines of constitutional law and with the support of survivors, a bodycamera can become a valuable tool in the prosecution of domestic violence cases. The proper use of bodycamerascanalso provide transparency in which officers can build better connections with victims and lasting relationships with their communities.
Florida Domestic Violence Hotline: 1-800-500-1119
TDD: 1-800-621-4202
Florida Relay 711
Florida’s Local Certified Domestic Violence Centers
If you have questions about this guide or would like to request technical assistance regarding evidence collection and/or prosecution of domestic violence cases, please contact:FloridaCoalition Against Domestic Violence by telephone: (850) 425-2749 or email:.
Sponsored by the Florida Coalition Against Domestic Violence and the State of Florida, Department of Children and Families.This project was supported by Contract No. LN967 awarded by the state administering office for the STOP Formula Grant Program. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the state or the U.S. Department of Justice, Office on Violence Against Women.”
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