Reading Section

POLICY

Body-worn cameras will be used to record evidentiary data to assist in the enforcement and prosecution of federal law, state statutes, local ordinances and codes. They will also be used: (1) to provide an accurate record of an incident for administrative inquiry; (2) for performance improvement and training; (3) in defense of civil claims and lawsuits; and (4) for enhancement of officer safety. Deputies shall activate their body-worn camera to record official, or duty-related, contacts with citizens and inmates, as consistent with this policy and law.

DEFINITIONS

Body-Worn Camera

Digital recording equipment worn on the deputy’s body.

Recording

The video and/or audio data created by a body-worn camera.

PROCEDURES

General Information

Only those deputies who have completed approved training will be allowed to operate body-worn cameras. Deputies who have been trained and provided body-worn cameras are required to use them when on duty, unless otherwise authorized by a supervisor. Deputies will wear body-worn cameras in a location and manner that maximizes the camera’s ability to record events occurring in front of the deputy. Deputies shall activate the body-worn camera to record all anticipated contacts with citizens/inmates in the performance of official duties. For unanticipated or unexpected contacts, deputies should activate their body-worn camera as soon as they can safely and feasibly do so.

In locations where individuals have a reasonable expectation of privacy and the individual requests that a recording is stopped, the deputy shall have discretion in balancing the privacy concerns of the individual against the official interests of the Johnson County Sheriff’s Office.

1. Recordings made pursuant to an arrest or search should only be stopped with a supervisor’s prior approval.
2. Regardless of privacy concerns, whenever a deputy recognizes that use of force is likely, every reasonable effort should be made to ensure that the body-worn camera is actively recording.

Deputies should make every effort to record events in their entirety. If a recording is started late, interrupted, or stopped early, the deputy shall document the reason for the late start, interruption, or early stop. When possible, this documentation should be recorded on the camera itself, adjacent to the late start, interruption, or early stoppage. Additionally, this should be documented in any associated written reports. Body-worn cameras should only be used in conjunction with official law enforcement duties. They will not generally be used to record:

1. Encounters with undercover officers or confidential informants;
2. In any public location where there is an implicit expectation of privacy, such as a restroom or locker room;
3. Conversations of fellow employees without their knowledge during routine, non- enforcement activities;
4. Off-duty conduct such as during meal breaks; and
5. The use of privately owned body-worn camera systems while on duty is not permitted.

Maintenance

The care and maintenance of body-worn camera equipment is the responsibility of the deputy. Deputies will inspect the body-worn camera system for any physical damage and to ensure the device is in working order at the beginning of their shift. Any loss of, damage to, or other malfunction of the body-worn camera should be immediately reported to their supervisor. At the end of each shift, deputies shall recharge the body-worn camera, if necessary, and upload all recordings. Upon notification of any faulty body-worn camera equipment, the involved supervisor will make every reasonable effort to ensure that deputies are provided properly functioning equipment and that any faulty equipment is taken out of service and repaired or replaced.

Documentation

Deputies should document, in all reports, if the body-worn camera system was utilized during an event and attach the appropriate case number to the recording. Deputies shall assign all recordings to the appropriate category, as soon as practical, after the recording is uploaded.

Management, Internal Review, Dissemination and Retention of Recordings

All body-worn camera recordings are the sole property of the Johnson County Sheriff and shall only be used in the performance of official duties. Deputies shall not alter, copy or delete any body-worn camera recordings.

Internal Review

Deputies may review body-worn camera recordings to assist with their investigations as well as the accurate completion of written reports. The Sheriff’s Office retains the right to restrict a deputy from viewing any recording, if deemed necessary. Recordings may be reviewed by supervisors: (1) to provide an accurate record of an incident for administrative inquiry; (2) for performance improvement and training; (3) in defense of civil claims and lawsuits. An investigator who is designated by the Sheriff or their designee, and participating in a Sheriff’s Office investigation, may review recordings.

Dissemination

Deputies shall not copy, share, post or distribute body-worn camera recordings in any manner without prior express authorization of the Sheriff or their designee. Subpoenas, open records requests, agency requests or other requests for body-worn camera recordings will be routed through the Sheriff’s Office Central Records Unit. No recordings will be viewed by or released to any persons outside of the Sheriff’s Office except as approved and coordinated through the Sheriff’s Office Central Records Unit.

Non-request dissemination: Copies of recordings and permission to review recordings may be given to the Sheriff’s attorneys or media outlets only with the authorization of the Sheriff or their designee. Body-worn camera recordings will be retained and managed by the Sheriff’s Central Records Unit. Retention categories and retention will be set by the Sheriff’s Office Central Records Unit. Body-worn camera evidence will be retained according to the following schedule:

1. Felony - 20 years
2. Misdemeanor - 5 years
3. Infractions and Code Violations - 3 years
4. Use of Force - 3 years
5. Motor Vehicle Accidents - 5 years
6. Non-evidentiary - 90 days
7. Uncategorized – Until manually deleted
8. Restricted - 5 years
9. Command Review - 3 years
10. CVSA - 3 years
11. Death Investigations - Until manually deleted

Notwithstanding the prohibition on deleting recordings in section 300.3.4 Management, Internal Review, Dissemination and Retention of Recordings, Central Records Supervisors may delete uncategorized recordings held indefinitely only upon the express approval and direction of the Sheriff or their designee.

Reading Section

POLICY

To regulate and standardize radio procedures for the Sheriff’s Office.

DEFINITIONS

FCC (Federal Communications Commission)

Federal Government agency responsible for radio communications within the United States that possesses legal authority to fine people and institutions that violate FCC regulations.

Holding the Air

Restricting radio traffic for all other units not related to the event.

LEO Phonetic Alphabet

Spelling alphabet used by the Sheriff’s Office and other local and state law enforcement agencies. It is used for properly understanding letters broadcast in the form of easily understood words.

Radio Alarm

Orange button located on the top of the portable radio and on the face of the in-car radio that will alert many dispatch centers in Johnson County of a unit emergency with a loud, audible tone. A flashing red box will identify the affected zone/channel.

PROCEDURES

Radio Protocol

All radio traffic is governed by the FCC. Additionally, various news organizations, police watchdog groups and members of the public may monitor radio transmissions. Professional conduct is mandated for all broadcasts. All personnel should listen before they activate their radio to ensure another transmission is not taking place, with the exception of emergency radio traffic. All radio communication should be in plain English.

When attempting to contact another person, personnel should identify themselves according to their assignment protocol. When transmitting, personnel should activate their radio mic, and wait one half second before speaking. Personnel should ensure the person they are trying to contact has responded before continuing with their broadcast. No employee should discuss the criminal history of any person or sensitive information on a non-encrypted radio channel, unless it is an imminent officer safety issue. Discussion of sensitive information may be performed on an encrypted radio channel, but it is encouraged that all discussion be performed on an encrypted talk around channel or via phone.

Deputies should limit radio use to essential traffic on primary radio channels. All radio traffic should be concise and specific in its purpose. Deputies should state their location first, followed by other pertinent information. Deputies should avoid using the radio for general discussion unless on a designated radio channel. Emergency radio traffic supersedes all other radio traffic. Horseplay or misuse of the radio system will not be tolerated and may be subject to disciplinary action. Unauthorized dissemination of sensitive information broadcast over the radio is prohibited. Security considerations must be given when monitoring radio channels around suspects or inmates.

Consideration must be given to officer safety. If personnel, not normally on a primary radio channel, have inadvertently switched their designated radio channel to a primary radio channel and key their mic, they have disabled the primary zone for field officers. This creates a dangerous situation for officers in the field while the mic is keyed. Off duty personnel observing a law violation or suspected law violation are highly encouraged to call 911 rather than relaying the information via the radio. The radio may be used when no other reasonable option for reporting exists. When relaying information in spelled form, the LEO phonetic alphabet shall be utilized. In order to avoid confusion, mixing phonetic and alphabetic spellings is discouraged. Personnel issued with a radio are expected to monitor their radio while on duty, unless otherwise directed by their supervisor (Reference: 700 Professional Standards).

Radio Alarms

In the event of a radio alarm, Communications will hold the air on the affected channel and announce the air is held for a radio alarm. The zone dispatcher will attempt to contact the unit the radio belongs to. If the unit fails to respond, Communications will attempt to contact a supervisor for the affected unit and advise them of the radio alarm. When the alarm is cleared or when a supervisor has advised to clear the alarm, Communications will clear the air and announce radio traffic may resume.

In the event of a Court Security or Detention radio alarm, Court Security or Detention will hold the air across all affected channels and voice the deputy’s radio number or by name if possible. If the employee fails to respond, Court Security or Detention will attempt to contact the on-duty Detention/Court Security sergeant, via radio, at the affected location and advise them of the radio alarm. When the alarm is cleared, or when a supervisor has advised to clear the alarm, Detention/Court Security will clear the air and announce radio traffic may resume. If an employee accidentally pressed the radio alarm, advise it was accidental via radio on the affected talk group.

Care of Equipment

If a radio is suspected lost or stolen, the Communications Division shall be notified immediately, so the radio can be rendered inoperable. The reporting employee’s supervisor should be notified immediately. The Purchasing Unit must be notified as soon as possible for accountability and replacement. If a radio becomes inoperable or has technical difficulties, the Purchasing Unit shall be contacted for repairs and for the issuance of a temporary replacement radio.

Radio Contact with the Communications Division

Running a subject for wants and warrants shall be done on an encrypted secondary channel.

1. Identify yourself;
2. Advise you need to run a subject;
3. Wait for a response before continuing;
4. After dispatch advises they are clear to copy the subject:
1. List subject’s last name, then phonetically spell it;
2. List first name, middle initial, race, sex and date of birth;
3. Example: "Last name Smith *spelled*, first John *spelled*, middle W-William, white male, zero one, zero one, of eight zero"

Running a tag for warrant associations shall be done on an encrypted secondary channel

1. Identify yourself;
2. Advise you need to run a tag;
3. Wait for a response before continuing;
4. After dispatch advises they are clear to copy the tag:
1. Phonetically spell the tag - alphabetical and numerically; and
2. Advise the state and, if possible, the year.

Reading Section

POLICY

It is the policy of the Sheriff to neither tolerate nor condone racial or biased-based policing and it is prohibited for all employees and volunteers of the Sheriff’s Office. Persons shall only be stopped or detained when reasonable suspicion or probable cause standards have been lawfully and appropriately met.

DEFINITIONS

Collection of Data

Information collected by Kansas law enforcement officers after each traffic stop.

Enforcement Action

Any law enforcement act, as described in K.S.A. 22-4609, and amendments thereto, during a nonconsensual contact with an individual or individuals.

Probable Cause

A reasonable ground to suspect that a person committed or is committing a crime or that a place contains specific items connected with a crime.

Racial or Other Biased-Based Policing

The unreasonable use of sex, race, ethnicity, sexual orientation, national origin, gender, gender identification, religion or creed or disability by a law enforcement officer in deciding to initiate an enforcement action. It is not racial or other biased-based policing when sex, race, ethnicity, national origin, gender or religion or creed is used in combination with other identifying factors as part of a specific individual description to initiate an enforcement action.

Reasonable Suspicion

An objective basis, supported by specific and articulable facts, for suspecting a person of criminal activity

GENERAL GUIDELINES

Acts that constitute racial or other biased-based policing using sex, race, ethnicity, sexual orientation, national origin, gender, gender identification, religion or creed or disability include but are not limited to:

1. as a general indicator or predictor of criminal activity;
2. unless the officer is seeking to detain, apprehend, or otherwise be on the lookout for a suspect sought in connection with a crime who has been identified or described in part by such descriptions;
3. in the course of any reasonable action in connection with a status offense, such as, runaways, child in need of care, missing persons, and other non-criminal care taker functions unless the person is identified or described in part by such descriptions;
4. as motivating factors in making law enforcement decisions and/or actions, unless the person is identified or described in part by such descriptions; or
5. as the basis for discretionary law enforcement (i.e. who they will cite, arrest, warn, search, release) or which person(s) to treat with respect and dignity.

All Sheriff’s Office employees (to include sworn, non-sworn and volunteers) shall be required to complete annual training on racial or other biased-based policing. Computer based training shall be allowed for racial or other biased-based policing training. This policy and data collection procedures are available for public inspection during normal business hours.

Employees/Volunteers found to be engaging in racial or biased-based policing are subject to disciplinary due process as outlined in the Professional Standards policies and applicable laws. Complaints may be made in person, or through any source of communication such as:

1. Telephone;
2. Fax machine;
3. E-mail;
4. Mail; or
5. Any other electronic device or media.

PROCEDURES

Police Contacts, Decisions & Investigations

Deputies shall not consider a person’s sex, race, ethnicity, sexual orientation, age, gender, gender identification, religion or creed, national origin or disability as motivating factors for law enforcement decisions. When these attributes comprise part of the physical description of an individual being sought for lawful purposes, they may be considered for the purposes of the suspect’s description if the totality of the circumstances being considered constitutes reasonable suspicion or probable cause. These attributes shall never be used as the sole basis for establishing reasonable suspicion or probable cause during enforcement decisions.

During any Sheriff’s Office contacts or when making decisions related to the delivery of law enforcement services, all deputy contacts will be conducted, and all deputy services provided, in a non-biased manner. All investigative detentions, vehicle stops, traffic stops, searches, property seizures, pedestrian stops, non-consensual searches and arrests by deputies shall be based on specific facts and circumstances, which can be articulated by deputies to support the reasonable suspicion or probable cause for their actions.

Use of Personal Attributes

Except as provided above, deputies shall not use the personal attributes described above when:

1. Establishing reasonable suspicion or probable cause;
2. Deciding to initiate non-consensual encounters; or
3. Requesting consent to search.

Maximizing Non-Biased Law Enforcement Efforts

To maximize the Sheriff’s Office non-biased policing efforts, pedestrians or vehicle stops shall be lawful and deputies shall:

1. Be courteous and professional to all persons contacted.
2. Introduce themselves and state the reason for the stop or contact as soon as practical, unless doing so would compromise officer or public safety.
1. Generally, deputies should provide this information before asking the driver for their license and/or other documents.
3. Ensure detentions are no longer in duration than necessary to complete appropriate and lawful police actions.
4. Any unusual delays shall be explained.
5. Ensure citations, if any, are explained and any pertinent questions are answered.
6. Ensure their business card or their name and badge number are provided upon request.

Vanguard Data

Deputies shall record all data related to all self-initiated motor vehicle stops, pedestrian checks or vehicle searches. Data collected will include:

1. Age;
2. Race;
3. Ethnicity;
4. Gender; and
5. County of residence.

The data shall be entered into the Vanguard module in the mobile dispatching software before the deputy clears the vehicle or pedestrian stop. In the event that the deputy fails to enter the data while on the stop, the deputy shall utilize the Vanguard link on SharePoint to complete the necessary information. The Sheriff’s Office Professional Standards Unit compiles all collected data and generates an annual report. The Professional Standards Unit Commander will conduct an annual review of data collected. This review will be completed prior to the annual report being submitted to the Office of the Kansas Attorney General.

Supervisory Responsibility

Supervisors shall ensure all personnel, in their command, operate in compliance with this policy.