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Is it another question or part of asking this, but are undercover/plainclothed police (ever?) required to be on CCTV?

Some of these people are very talkative, verbal, expressive, often cursing/pejorative/trolllike/suggestive/threatening/inflamatory/swearing, even physical, just like normal cops told to wear bodycams.

I know wearing a wire is often part of their occupation but that is not the same (in purpose or in use) as what a bodycam records.

I am concerned that many of these officers are not recording themselves when I say nothing and they keep talking. I am observing that they are not just observing.

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    Not to nitpick but CCTV stands for closed circuit television not the same thing as a body cam.
    – Ron Beyer
    yesterday
  • @R I agree, but is a bodycam not the same as a CCTV in terms of being a recording of evidence? (P.S. I upvoted your comment.) yesterday
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Wearing bodycams is generally a decision made at a local department by department, or agency by agency basis, as a matter of policy, although there are five states that require them statewide (CA, CT, FL, NV and SC). About half of the states require agencies that use them to have written policies concerning their use but don't necessarily establish what those policies must be:

Nineteen states and the District of Columbia require written policies in order for law enforcement to use or receive funding for body-worn cameras. Legislation sets statutory minimum standards for policies, requires state entities to write or coordinate the development of policies and charges individual departments with creating their own policies. Maryland’s law, for example, requires the Police Training Commission to develop and publish a body-worn camera policy that addresses when recording is mandatory, when it is prohibited, how to handle access for review, retention standards for recordings and consequences for officers who violate the policy or alter recordings. Texas’ law requires individual departments to have policies that include a data retention period of at least 90 days, procedures for officer access to recordings and reporting requirements for documenting equipment malfunction. The law also prohibits any policy from requiring that officers film their entire shift. South Carolina requires departments to submit their policies to the Law Enforcement Training Council for approval. Utah’s law requires agencies using body cameras to mandate in their policies that officers wear them while executing search warrants.

In addition to state laws there are also "invisible" pressures to adopt bodycam policies from insurance providers for law enforcement agencies that increase the premiums of some agencies, especially those with a history of claims that don't adopt better policies.

I am not aware of any such jurisdiction that requires bodycams for undercover officers at it would generally blow their cover unless it is a "wire" type hidden camera used for a particular event to create evidence rather than to document potential misconduct.

A department or agency could make such a policy, but I am not aware of any serious effort to do so.

"Plain clothes" officers aren't necessarily "undercover", however, and I don't know whether there are any bodycam requirements for them. The usual idea is that "Plain clothes" officers are less prone to be in the exigent, confusing, physical situations for which bodycams were seen as a solution, and a non-undercover Plain clothes officer might still have a service provided vehicle with a dash-cam.

One survey of body cam policies of a semi-representative sample of agencies that I've seen doesn't address this particular issue, and many agencies aren't even very clear about when an officer has to record (including Denver, where I live).

Even if a law enforcement agency does have a policy, the fact that the officers didn't follow it is usually just something that can be mentioned by defense counsel in a criminal defense case (through an appropriate witness), and this doesn't always confer affirmative legal rights upon people who deal with policy (public access rights to bodycam footage varies greatly).

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  • Is it too much to ask for this one question or related enough, if then there are any (or instances) where such law enforcement is required to be recorded/viewable/seen on a CCTV/camera close by? (I realize that a shiny camera on their chest like superman/superwoman is not desirable in all situations, but there is still reason to have recordings available, especially if undercovers|plainclothes|trafficcops can all equally make a scene.) yesterday
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    @prosody-GabVereableContext As far as I know there are no law enforcement agencies in the U.S. or Canada with such policies. But given that there are tens of thousands of such agencies making decisions on a decentralized basis, it would be easy to miss a rare exception.
    – ohwilleke
    yesterday
  • Good links. Are hhey authoritative? I read every part, and the About pages. Is that all there is, law creates policy/policies that does not have a written record? 23 secs ago
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Do undercovers/plainclothes (ever?) wear bodycams?

Yes, but there are different reasons for doing so - it depends on the purpose for having a recording device, what its authorisation allows, and the role of the officer using it as there is are legal differences between a police officer who is:

  • in "plain clothes". Some officers, especially detectives but also those dealing with children or vulnerable adults, are allowed to wear suitable civilian clothing but must be able to identify themselves as police if the need arises (usually this is with a high-visibilty baseball cap or overt tactical vest). If for any reason they need to record an interaction then it should be overt as though they were in uniform and in line with the Body Worn Video Guidance. Any covert recording (which is not an immediate response to events) is to be authorised under the following provisions:

  • deployed on "covert surveillance". Specially trained officers can be authorised to follow and observe suspects without revealing their identity; defined as Directed Surveillance by s.26(2) of the Regulation of Investigatory Powers Act 2000.  This can include using a concealed camera (as opposed to what may be seen as a traditional-looking Bodycam) to overhear and record conversations with other suspects, or taking video footage of important events.  However they are not authorised to interact with a suspect in a way that creates a covert "relationship". For example, one can share a hotel lift with a suspect to film which room they are in, but cannot ask how long they intend to stay - this falls within the following provisions:

  • acting "undercover". Specially trained officers are authorised to be a Covert Human Intelligence Source (CHIS, rhymes with his). They too can use concealed cameras to record evidence but unlike Directed Surveillance, as per s.26(8) of the 2000 Act, they are someone who:

(a) ... establishes or maintains a personal or other relationship with a person for the covert purpose of facilitating the doing of anything falling within paragraph (b) [...];

(b) ... covertly uses such a relationship to obtain information or to provide access to any information to another person; or

[...]

Are undercovers/plainclothes (ever?) required to be on CCTV?

No, there is no statutory or regulatory requirement to be filmed in this way but depending on what their role is they may decide to move out of the camera's view.

Also, for completeness (and terrorism legislation aside):

Members of the public and the media do not need a permit to film or photograph in public places and police have no power to stop them filming or photographing [e.g. via CCTV] incidents or police personnel. Source

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    Thanks for the pronunciation tip which is not what I would have guessed otherwise.
    – ohwilleke
    10 hours ago

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