TEXAS DEPARTMENT OF PUBLIC SAFETY

5805 N. LAMAR BLVD. • BOX 4087 • AUSTIN, TX 78773-0001

512/424-2000
www.txdps.state.tx.us

COMMISSION
STEVEN C. McCRAW
ALLAN B. POLUNSKY, CHAIR
DIRECTOR
C. TOM CLOWE, JR.
LAMAR BECKWORTH
ADA BROWN
BRAD RABLE
JOHN STEEN
DEPUTY DIRECTORS
CARIN MARCY BARTH

May 3, 2010

Via Email

Becki Malan
beckimalan@gmail.com

RE: PIA Request for copy of DPS policy on dash cam video (ORA # 10-0908)

Dear Ms. Malan:

The Department of Public Safety received your above-referenced request on April 22, 2010.
Please find enclosed the information the Department located in response to your request. These
records are provided to you at no cost.

If you have any questions regarding this request, please submit them in writing via facsimile to
(512) 424-5716, via email to OGC.Webmaster@txdps.state.tx.us, via mail to the address in the
letterhead, or in person at our offices at 5805 N. Lamar Blvd. in Austin. Thank you.

Sincerely,

Jennifer C. Cohen
Assistant General Counsel

\\hqogcs001\public\Legal\ORA\2010 requests\10-0908\10-0908 letter to requestor (10-05-03).doc

EQUAL OPPORTUNITY EMPLOYER

COURTESY • SERVICE • PROTECTION
02 .26.00 - 26 .03
in _court regarding the legality of rural speed zones estab-
lished by that agency.
3 . When it becomes apparent that a speeding case involving
a rural speed zone established by TxDOT will be contested,
the captain of the district where the case is filed will advise
the district engineer in whose district the speed,zone is locat-
ed and request that testimony be provided .
02 .26 .00 VIDEO CAMERAS AND EQUIPMENT
26 .01 The use of videotape equipment by DPS personnel is an
effective law enforcement tool for collecting evidence to be used
in prosecution of persons who violate the law, to provide a
degree of protection for the officer, and to broaden the scope of
investigative techniques toward providing a higher level of service
to the public.
26 .02 Rules, guidelines, and operational tactics included in this
policy shall apply to all video equipment used by TLE officers
including Department-owned as well as equipment furnished by
local governments or private organizations .
26 .03 Procedures
1 . The routine use of mobile audio/video recording equipment
in patrol vehicles is for the purpose of : (a) collecting evidence
that should be used in the prosecution of those who violate
the law, (b) supervisory review to ensure Department policies
and procedures are being followed .
2 . As a minimum, the employee will audio and video record
the entire traffic stop, pursuits, and other events including,
but not limited to, armed encounters, acts of physical vio-
lence and/or felonious conduct towards an employee when
the patrol unit they are operating is equipped with
audio/video equipment . The audio/video recording unit's
operating selector switch should be in the "Automatic Mode ."
This is to ensure that as the patrol .vehicle's emergency light-
ing equipment is activated, the audio/video recording .unit will
automatically activate to begin the recording of the entire traf-
fic stop. As used herein, the term "entire traffic stop" refers to
the time any enforcement action or contact is initiated and
continues for as long as the employee has any interaction
with the parties being stopped, including the time during
which the parties are being transported to a jail or detention
facility . The audio/video recording (including the audio
recording from the wireless microphone carried by the
employee) will not be stopped, paused, or otherwise inter-
fered with anytime during the stop .
3 . Employees at the time of traffic stop are encouraged to
provide the following information into the wireless micro-
phone :
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a . Location of the stop .
b . Description of vehicle .
c . Number of occupants in vehicle to include race and sex,
if possible .
d . Vehicle license,number and state of issuance .
e . Violation or cause of the traffic stop .
4. Employees will remove fully used recording tapes, or
recording tapes of incidents which could lead to or have led
to citizen complaint of wrongdoing from the recorder unit and
write identifying information such as employee's name and
dates covered on the label . The tape will then be turned in to
the supervisor. The tapes will remain in the custody of the
supervisor for a minimum of ninety (90) days . The tapes can
be erased after 90 days and used again as long as the tape
is of good quality.
[ If a complaint is filed alleging that an employee has engaged
in racial profiling with respect to a traffic or pedestrian stop,
the recording tapes will be retained at least until final dispo-
sition of the complaint.
All blank tapes and recorded tapes should be stored in a
secured area by the supervisor.
Unauthorized altering, erasing, or destroying any portion of
the videotapes will be grounds for disciplinary action .
Due to the effects of heat, dust, and moisture upon video-
tapes, the quantity of tapes carried in the patrol unit will be
limited . Only two (2) blank tapes will be carried in the patrol
unit at any one time .
It is permissible for an employee to use a blank videotape to
record evidence at accident scenes .
5 . Each supervisor shall randomly select and review tapes
recorded by employees in his area of responsibility. The
tapes should be reviewed to ensure those Department poli-
cies and procedures are being followed .
A supervisor may substitute up to ten (10) hours of field
observation per six (6) month period with ten (10) hours of
video review . Documentations of video . review will be shown
on the supervisor's weekly report and on the field observation,
check ride form signed by the employee and supervisor.
Appropriate supervisory action will be immediately taken to
address any discrepant issues that arise as a result of the
review. If extraordinary issues are detected that involve seri-
ous incidents
2-13-02

ous incidents of misconduct, violations of Department poli-
cies and procedures, or have the potential for developing into
serious issues, they will be immediately reported to the chain
of command.
If a citizen complaint is lodged against an employee with an
in-car video, the supervisor will secure the videotape cover-
ing the alleged incident. The complaint will be handled
according to departmental procedure.
6. The supervisor shall routinely inspect the video cameras
and equipment for their intended use during performance
evaluations. If an employee should have a malfunction with
the equipment, they will notify their supervisor and record
[. such problems on the employee's weekly report under the
remarks section. At the direction of the supervisor, the
employee will arrange for the repair of equipment reported or
found to be in need of repair.
26.04 Videotape Distribution and Retention Guidelines
1. DPS Fleet Accidents. Videotapes made of DPS fleet
accidents are to be retained at the sergeant area level so
long as any court action (civil or criminal) is pending.
Note: It is important that videotapes made of accidents
(including fleet accidents) be considered as supplemental to
the still photographs. Still photographs are essential to effec-
tive reconstruction techniques. Videotapes are excellent for
accident scene activities, witness interviews, recording of
suspect demeanor, etc., but cannot capture overall clarity as
effectively as still photographs.
2. Pursuits
a. A copy of all pursuit videotapes and required reports will
be submitted through channels to the Chief of Texas
Highway Patrol as soon as possible but no later than fif-
teen (15) days after the incident. After review by in-line
supervisors, the chief's office will retain the videotapes for
a period of one (1) year. The videotape will then be recy-
cled or discarded if no longer usable.
b. Retention of pursuit videotapes at any level other than
the chief's office is optional.
3. Physical Confrontations
a. A copy of videotapes and required reports of physical
assaults, violent resistance, and firearms incidents will be
forwarded through channels to the Chief of Texas
Highway Patrol as soon as possible but no later than fif-
teen (15) days after the incident. After review by the in-
line supervisors, the chief's office will retain the video-
tapes for a period of one (1) year. The videotape will then
be recycled or discarded if no longer usable.
07-30-08
02.26.04 - 27.02
b. Retention of physical confrontation videotapes at any
level other than the chief's office is optional.
4. Disaster and Other Emergencies. A copy of videotapes
of disaster and emergency occurrences (flood, hurricane,
explosion, etc.) shall be submitted to the DPS District
Disaster Committee Chairman for use by the committee for
training and planning.
26.06 Public Requests for Videotapes. Videotapes of acel-
dentllncldent scenes investigated by DPS will be handled in
the same manner as are photographs as outlined in Generai
Manual 05.60.00 with the following additional considerations.
1. If dubbing equipment is available at the DPS qffice, it will
be permissible to make a copy for the individual making the
request if that person provides a blank tape.
2. if the tape has to be sent out, utilization of local facilities
such as video stores, tape rental businesses, television sta-
tions, etc., may be used in the same manner as photograph
processing shops as outlined in General Manual 05.60.02-4.
3. Photographs that depict an identifiable peace officer,
whether or not the peace officer is a member of the
Department, may not be released to the pUblic unless the
peace officer gives written consent to the release. This
requirement also applies to videotapes. The exceptions to
the rules are when an officer is under indictment or charged
with an offense by information, the officer is a party to a fire
or police civil service hearing or a case in arbitration, or the
photograph is introduced as evidence in a judicial proceed-
ing. Questions regarding this provision should be addressed
to the office of General Counsel.
[02.27.00 IN-CAR LAPTOP COMPUTERS
27.01 Security of In-Car Laptop Computers. In-car laptop
computers shall not be left unattended ovemight in the passen-
ger compartment of a vehicle. In-ear laptop computers may tem-
porarily be secured in the trunk of an automobile or if a pickup
truck, secured in a locked toolbox if equipped, or secured in the
locked bed cover, if equipped. In-car laptop computers shall not
be left in any vehicle for extended periods of time (overnight or
days off) when outside temperature is high as the intense heat
can damage the computer.
27.02 Synchronization. Employees shall synchronize data and
activity from their in-car laptop computers with headquarters
servers no less than twice weekly. Employees are encouraged
to synchronize daily when possible.
27.03 Global Positioning System (GPS). Employees shall not,
without supervisory approval, disable, disconnect or tamper with
the GPS of the in-car laptop computer system.
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