What You Need to Know About Body Worn Cameras

Body-worn cameras, or what are commonly referred to as “BWCs”, are small devices used to make electronic video and audio recordings of interactions between law enforcement officers and community members. Recordings from BWCs can be used to document statements, observations, and other evidence as well as to demonstrate transparency of the conduct of both law enforcement officers and the public.  

New Jersey’s Police Body Camera Law

In 2015, New Jersey established statewide protocols governing the use of BWCs by law enforcement officers. New Jersey is one of just seven states to mandate the use of BWCs for police and other law enforcement officers.

These guidelines have evolved as BWCs have become standard equipment used by officers. The most recent change to the BWC Policy occurred on January 18, 2022, under new legislation that generally permits police officers to review recordings before creating initial reports, statements, or interviews.  

Law Enforcement and the use of BWCs 

New Jersey requires police departments and agencies to employ BWCs in their daily law enforcement functions. Virtually all law officers are required to use BWCs when performing their duties, including:  

• Uniformed patrol officers, including those assigned to traffic enforcement duties 

• Officers assigned to tactical teams, including S.W.A.T. (Special Weapons and Tactics), S.R.T. (Special Response Team), Entry Teams, and Fugitive or similar units 

• Officers assigned to canine units  

• Officers assigned to “front desk” duty at law enforcement agencies who interact with members of the public who enter police stations to report incidents or request assistance or information  

• Officers assigned to a pre-planned search warrant execution or arrest  

Officers engaged in undercover assignments, meeting with confidential sources, engaged in crime-scene processing or assigned as School Resource Officers are not required to wear BWCs.  

How Do Police Use Body-Worn Cameras?

To ensure that an entire encounter or event is recorded, officers are required to activate their BWC before arriving at the scene of a dispatched call and to not deactivate it until the call is concluded by their leaving the scene.  

A law enforcement officer who is wearing a BWC is required to notify the subject of a recording that they are recording the encounter. The failure to notify the person does not affect the admissibility of any statement or evidence but can result in an internal administrative investigation by the department into the proper use of the BWC.  

Understand Your Rights 

If a civilian asks an officer whether they are equipped with a BWC or the device is activated, the officer must answer truthfully unless the officer has express authorization to make a covert electronic recording.    

Prior to entering a private residence, a law enforcement officer is required to notify the occupant that the occupant is being recorded by the BWC. If the occupant requests that the BWC be turned off, the officer must do so unless police are actively engaged in investigating the commission of a crime or are responding to an emergency.  

When interacting with an apparent crime victim, a law enforcement officer is required to notify them that they are being recorded. If the victim requests that the officer discontinue use of the BWC, the officer shall immediately do so.  

Where Can’t BWCs be Used?

BWCs are not permitted to be used by a law enforcement officer in:   

• Schools
• Youth facilities 
• Patient care area of a healthcare facilities 
• Substance abuse treatment facilities
• Places of worship under circumstances where worshippers are in view unless the officer is actively engaged in investigating the commission of a criminal offense or responding to an emergency. 

How are BWCs Used in Criminal Investigations?

BWCs may be used by law enforcement during a criminal investigation and in the prosecution of a criminal or traffic offense. They may also be used during internal affairs investigations. If BWCs are part of a criminal investigation, they shall be provided by the prosecutor as part of the State’s discovery obligation. While BWCs can be used to prosecute an individual, it may also have exculpatory value to defend a criminal allegation. If a civilian alleges an internal affairs complaint against an officer, the BWC may be shown to the civilian intending to file the complaint. what was recorded by the BWC during the encounter so the person can make an informed decision whether to file the complaint.   

Legislation that took effect on January 18, 2022, clarified when police can access BWC recordings prior to creating reports, providing a statement, or submitting to an interview regarding a recorded event.  

Police may do so except under the following circumstances:  

• The incident involves the use of force by the officer where the officer knows or should know that the use of force resulted in significant or serious bodily injury or death. 

• The incident involves the discharge of a firearm or any other use of deadly force by the law enforcement officer.   

• The incident involves the death of a person while in law enforcement custody 

• The incident involves the death of a person during an encounter with a law enforcement officer. 

• An incident that the officer knows or has been advised is or will be the subject of an internal affairs complaint relating to the officer’s use of force, bias, or dishonesty; or 

• An incident that the officer knows or has been advised is or will be the subject of a citizen complaint relating to the officer’s use of force, bias, or dishonesty. 

Consult with Rosenberg | Perry & Associates Today 

If you are charged with a crime or have a question about your rights, you may be unsure where to turn. Get the answers to all of your questions regarding your criminal matter and ensure that your rights are protected by consulting with our knowledgeable and skilled attorneys. Contact our office today at (609) 216-7400 or find us online and learn what we can do to help.