Legal Resources

Drug and alcohol offenses represent a significant portion of police work. Officers commonly rely on subjective indicators of intoxication, and prosecutors depend on officer evidence collection, written reports, and testimony at trial. Police body-worn cameras (BWCs) have diffused widely in policing partly due to their perceived evidentiary value, but the extent to which BWCs affect the adjudication of such offences remains unanswered. The current study explores this question with 7,000 misdemeanour cases from Tempe (Arizona), filed from 2014 to 2017.

Objectives The current research adds to the literature addressing police body-worn cameras (BWCs) by experimentally evaluating their effect on an interaction that has, to date, received relatively little systematic, empirical attention: police–eyewitness interactions. Although research suggests that BWCs generally have positive effects, legal scholars and media professionals have long argued that deploying cameras in this context may backfire, especially by chilling public willingness to speak with police.

Spurred by support from a presidential commission (The President's Task Force on 21st Century Policing ("Task Force"), 2015) and over 53 million dollars in funding from the U.S. Justice Department in 2015 and 2016 (Department of Justice, 2015, 2016), the use of Body Worn Cameras (BWCs) by law enforcement agencies has grown rapidly in the U.S. as well as across the world (Cubitt, Lesic, Myers, & Corry, 2016). Evaluations of officer perceptions of BWCs and the impact of BWCs on officer behavior is also increasing rapidly.

The New Orleans, Louisiana, Police Department provided examples of its Stops, Searches, Arrests, Use of Force, and Procedural Justice Audit Form and Use of Force Reporting and Force Statements Audit Form to assist agencies interested in implementing similar audit and reporting practices. 

To view the New Orleans Stops, Searches, Arrests, Use of Force, and Procedural Justice Audit Form, click here.

As police departments across the United States embrace the use of police body-worn cameras (“BWCs”), it is imperative that prosecutors be involved in the uptake process as early as possible. The cameras will inevitably capture a great deal of evidentiary material that will be used in every type of criminal prosecution. Thus, systems and policies must be developed to ensure that this evidence is properly captured and delivered to the prosecutor in a timely and usable way.

The value of body-worn camera (BWC) footage as evidence and the challenges and opportunities it affords case processing are, as yet, relatively unexplored. The current research examines the impact of BWC footage on prosecutors and defense attorneys in three jurisdictions: Monroe County, New York; San Diego County, California; and Travis County, Texas. We explore variations across the two groups (assistant district attorneys/public defenders) in terms of time, expectations, and anticipated consequences of BWC on their respective work in processing cases in local courts.

As a part of the Body-Worn Camera (BWC) Training and Technical Assistance (TTA) Program, funded sites can request an on-site TTA meeting. During these meetings, sites receive assistance and presentations from CNA’s cadre of subject experts on topics relevant to their departments. These topics range from community and media engagement, data management, and public release issues to prosecutor engagement, training, and officer buy-in. The subject experts in attendance facilitate the presentations and encourage discussion among the audience.

This model policy is created as a guide to prosecutors who are working with law enforcement agencies to implement body-worn cameras. The policy includes “Use Notes,” which present and consider viable alternative policies that may exist for a particular issue. Also accompanying the model policy is a checklist outlining the many issues that should be addressed in a body worn camera policy. This model evolved from a policy originally created by a subcommittee of the CDAA Foundation, headed by David Angel of the Santa Clara County District Attorney’s Office.

At the same time, this rapid adoption of BWCs is occurring within a low information environment; researchers are only beginning to develop knowledge about the effects, both intentional and unintentional, of this technology.

Laws governing how and when police body-worn cameras can be used and whether the footage is released vary considerably across the country. The BWC legislation tracker can be used to find out about passed and pending laws in your state. The tracker will be updated periodically as state laws change.

To view the BWC legislation tracker, click here.