Completed Investigation With Attachments, 05-11-15

Download as pdf or txt
Download as pdf or txt
You are on page 1of 35
At a glance
Powered by AI
The document discusses a citizen's complaint about not receiving police videos from an incident and the police department's response denying the request under an exception to public records law.

The citizen is complaining that either the police officers did not properly record the incident using their audio/video equipment or that the existing recordings were improperly purged in violation of records preservation laws.

The police department denies the citizen's open records request for reports and videos from the incident citing an exception that records from open investigations that may lead to enforcement action are not subject to release under public records law.

Ron Oremus

From:
Sent:
To:
Subject:

Ron Oremus
Wednesday, April 15, 2015 11:37 AM
tim seltz; Joseph Hendricks
RE: Formal Citizen Complaint - 14.049404 FOIA Josephine/Highland

Tim,

Wehavereceivedyourcitizenscomplaintinyouremail(below).

Ron

Captain Ron Oremus


Criminal Investigation Division
Waukesha Police Department
1901 Delafield St, Waukesha, WI 53188
262-524-3765
[email protected]

OurMission:ApledgetoServewithIntegrity,HonorandCourage!

TheopinionsexpressedaremineanddonotnecessarilyrepresentthoseoftheCityofWaukesha.

From: tim seltz [mailto:[email protected]]


Sent: Tuesday, April 14, 2015 6:26 PM
To: Joseph Hendricks
Cc: Ron Oremus
Subject: Formal Citizen Complaint - 14.049404 FOIA Josephine/Highland

Mr.JosephHendricks,

RonOremusistellingme9of10videosarenotavailablefromthisincident.I'mtoldthe10thvideomaynot
workeither.

Youtoldme,atthebottomoftheincludedemail,thatyouwouldpreserveallvideosfromthisincident.Ihave
sincerequestedtheserecordsapproximatelyevery45dayssincethisemail.

IaskthatthisemailserveasaformalwrittencitizencomplaintinaccordancewithWPDGeneralOrders.Iam
complainingthattheofficerswhodidnotcapturethisincidentviaA/VviolatedtheMAVRSGeneralOrder.If
thevideos/audiodidexistandwerepurged,Iamcomplainingthatyoupersonally,and/orothers,violated
yourobligationstopreservetheserecordsinaccordancewithChapter19ofWIStateStatutesandthe
AttorneyGeneral'scomplianceoutline.

ConcernedCitizen,

TimSeltz
1120LindenSt.
1


From:[email protected]
To:[email protected];[email protected]
CC:[email protected]
Subject:RE:14.049404FOIAJosephine/Highland
Date:Tue,16Dec201422:14:16+0000
Mr.Seltz,

ReferenceyouropenrecordsrequestforreportsandvideosstemmingfromIncidentReport1449404:

Thestatusofthisincidentreport(IR#1449404)isopenandactiveasithasnotyetbeenadjudicatedthroughthe
courts;andassuchisnotsubjecttoreleaseunder19.35(1)(am)1.Therighttoinspectorcopythisrecordunderthis
sectionofWisconsinlawdoesnotapplytoanyofthefollowing:Anyrecordcontainingpersonallyidentifiable
informationthatiscollectedormaintainedinconnectionwithacomplaint,investigationorothercircumstancesthat
mayleadtoanenforcementaction,administrativeproceeding,arbitrationproceedingorcourtproceeding,oranysuch
recordthatiscollectedormaintainedinconnectionwithsuchanactionorproceeding.

ThereportsonthisarresthavebeenreferredtotheWaukeshaMunicipalAttorneysOfficeforprosecutionandare
maintainedandcollectedinconnectionwithacomplaintthatwillleadtoenforcementactionandarenotsubjectto
yourinspection.Youmaywishtocontacttheirofficetodetermineiftherecordsmaybeavailableunderdiscovery.
Prematuredisclosurebylawenforcementwouldcompromisetheprosecutorsabilitytomakechargingdecisionsand
mayhaveachillingaffectontheabilityoftheprosecutortoeffectivelyprosecutethecase.Itwouldjeopardizethe
prosecutionsordefendantsabilitytoobtainanunbiasedjurypool.Inperformingabalancingtestbasedonthetotality
ofthecircumstances,Ihavedeterminedthatthepublicinterestinnondisclosureoutweighsthepublicinterestinrelease
oftherecords.

Therefore,thereleaseofthisrecordisbeingdeniedunderStateStatute19.35(1)(am)1asanexceptiontopublic
recordslawastherecordhasbeencollectedormaintainedinconnectionwithacomplaint,investigationorother
circumstancesthatmayleadtoanenforcementaction,administrativeproceeding,arbitrationproceedingorcourt
proceeding.Copiesoftherecord(s)youhaverequestedfromthisincidenthavebeenpreservedforfuturereference.

IhaveattachedtheCADCallforinspection.

Lieutenant Joe Hendricks


Criminal Investigations Division
Waukesha Police Department
1901 Delafield St.
Waukesha, WI 53188
262-524-3766

"The opinions expressed are mine and do not necessarily represent those of the City of Waukesha."

From:[email protected]
To:[email protected]
Subject:14.049404FOIAJosephine/Highland
Date:Tue,25Nov201419:13:470600
2

Ms.Roberts,

Pleaseprovideallpolicereportsanddashcamvideo/audiofromthisincidentforinspection.

Pleasefirstprovideanestimateifmycostscouldpossiblyexceed$1.

Thankyou,

Tim

This email has been scanned for email related threats and delivered safely by Mimecast.
For more information please visit http://www.mimecast.com

Wednesday, April 15, 2015

Waukesha Police Department

7:24:00

** For official use only **

14.049404

1355 Josephine St,#A

Reported
Priority

09/21/2014
1

Case#
Stacked
Dispatched

14-049404
0:31:50
0:32:17

Arrived
Finished
Disposition

Call Detail Report

0:35:36
2:37:37
Incident Report

Key Power - Phoenix RMS

0:31:16

Disorderly Conduct (DC)


Units

1205 - P408 - Satula, Gregory G


118 - P448 - Esser, Brady T
102 - P470 - Rowe, Justin R
106 - P474 - Smidt, Nathan P
110 - P477 - Wittnebel, Darin J
116 - P478 - Enderle, Michelle N
114 - P488 - Bousman, Jeremy
108 - P520 - Mullins, Roosevelt
118 - P532 - O'Boyle, Garret J
116 - P534 - McNulty, Andrew M

** Confidential, Unauthorized use prohibited **

Page 1 of 4

Wednesday, April 15, 2015

7:24:00

Waukesha Police Department

** For official use only **

Notes

Call Detail Report

9/21/14

0:31

Caller was outside and heard neighbors fighting. sounded physical.

9/21/14

0:31

Update reviewed by dispatcher- Biwer, Kathryn M-P444

9/21/14

0:32

Calleer is anon. does not know neighbors.

9/21/14

0:32

Update reviewed by dispatcher- Biwer, Kathryn M-P444

9/21/14

0:32

Dispatched: 116, 1205

9/21/14

0:34

Names Added : Choinski, Jason M; Choinski, Alyssa Nicole;

9/21/14

0:34

Update reviewed by dispatcher- Biwer, Kathryn M-P444

9/21/14

0:37

1205 - does sound physical, have 1 more squad respond 10-39

9/21/14

0:39

1 male and 1 female, A side on the 2nd level

9/21/14

0:40

1205 - has cmd on the C side, enderle is at the front

9/21/14

0:39

Main entrance is on the A side, there is secondary entrance point on the c side

9/21/14

0:41

10-33 traffic ch 1

9/21/14

0:42

2 males on level 1, female still upstairs

9/21/14

0:43

Appears 1 m/h, 1 m/b - 1 subject made ref to taking a bullet for the other one

9/21/14

0:44

110/1205 on the C side - open area, no cover

9/21/14

0:44

F/w coming down the stairs

9/21/14

0:44

Stage fire, verbal only at this time

9/21/14

0:45

Less lethal on scene

9/21/14

0:45

All parties appear to be on level 1

9/21/14

0:45

M/H with white t, m/b is shirtless and female is wearing a cardigan and skirt

9/21/14

0:46

Command can no longer see the subjects

9/21/14

0:48

1205 - 2 males are going upstairs

9/21/14

0:49

Female is crawling up the stairs

9/21/14

0:50

Highland to josephine and take josephine east

9/21/14

0:52

Announcements being made

9/21/14

0:53

1205 - have a clear view of the staircase from the c side

9/21/14

0:54

Female is coming down

9/21/14

0:54

Female is going to the front door with hands up

9/21/14

0:54

All 3 headed to the front door

9/21/14

0:58

110 moving to front to assist in securing subjects

9/21/14

1:00

10-26 3 times

9/21/14

1:00

Esser/mcnulty/enderle/bousman going in to clear residence

9/21/14

1:04

Esser - having trouble breaching an interior door, will need the ram

9/21/14

1:05

Disregard - door is open

9/21/14

1:06

Residence is clear

9/21/14

1:07

118 - still need to clear the basement

9/21/14

1:09

Lift 10-33 clear fire

9/21/14

1:10

Names Added : Moore, Clayton J;

9/21/14

1:11

Names Added : Moore, Marc A;

9/21/14

1:11

Update reviewed by dispatcher- Biwer, Kathryn M-P444

9/21/14

1:13

10-26 subjects are alyssa choinski, marc moore and clayton moore

9/21/14

1:26

Terminate command, neg 10-16, uad

9/21/14

1:34

106 is 10-80 with marc, 10-19

9/21/14

1:39

110 is 10-80 10-19 with clayton

9/21/14

1:40

CFS from -> DOM

Key Power - Phoenix RMS

to DC

** Confidential, Unauthorized use prohibited **

Page 2 of 4

Wednesday, April 15, 2015

7:24:00

Waukesha Police Department

** For official use only **

Names

Call Detail Report

9/21/14

1:41

Prime Unit Changed to - 106

9/21/14

1:42

Update reviewed by dispatcher- Orgas, James E-P662

9/21/14

1:42

Update reviewed by dispatcher- Biwer, Kathryn M-P444

9/21/14

1:42

Update reviewed by dispatcher- Biwer, Kathryn M-P444

9/21/14

1:42

Update reviewed by dispatcher- Orgas, James E-P662

9/21/14

1:45

Update reviewed by dispatcher- Orgas, James E-P662

9/21/14

1:48

Prime Unit Changed to - 116

9/21/14

2:30

Names Updated : Name changed from Moore, Marc A to Moore, Marc Alan;

Field Interrogation

Choinski, Jason M
1355 Josephine St #a

Waukesha, WI 53186
Field Interrogation

Choinski, Alyssa Nicole


455 Dunbar Ave Upper

Waukesha, WI 53186
Field Interrogation

Milwaukee, WI 53222

Milwaukee, WI 53209

Waukesha, WI 53186

Milwaukee, WI 53222

Milwaukee, WI 53222

Sex> Male Race>


Black/African American
DOB> 11/14/94

Moore, Marc Alan III


7066 N 39th St

Milwaukee, WI 53209

Key Power - Phoenix RMS

Sex> Male Race>


Black/African American
DOB> 11/14/94

Moore, Clayton J
10075 W Lisbon Ave

Citation

Sex> Female Race> White


DOB> 04/03/95

Moore, Clayton J
10075 W Lisbon Ave

Citation

Sex> Male Race> White Hispanic DOB> 06/08/93

Choinski, Alyssa Nicole


455 Dunbar Ave Upper

Citation

Sex> Male Race>


Black/African American
DOB> 11/14/94

Moore, Marc Alan III


7066 N 39th St

Citation

Sex> Female Race> White


DOB> 04/03/95

Moore, Clayton J
10075 W Lisbon Ave

Field Interrogation

Sex> Male Race> White


DOB> 11/04/75

Sex> Male Race> White Hispanic DOB> 06/08/93

** Confidential, Unauthorized use prohibited **

Page 3 of 4

Wednesday, April 15, 2015

7:24:00

Waukesha Police Department

** For official use only **

Unit History

Call Detail Report

CC

Date/Time

Unit

Officer

Operator

DI

09/21/14 00:32:17

116

P534

P444

DI

09/21/14 00:32:17

116

P478

P444

DI

09/21/14 00:32:17

1205

P408

P444

AC

09/21/14 00:32:24

116

P534

P534

AC

09/21/14 00:32:24

116

P478

P534

OS

09/21/14 00:35:36

1205

P408

P444

DI

09/21/14 00:37:13

114

P488

P444

AC

09/21/14 00:37:19

114

P488

P488

DI

09/21/14 00:39:11

110

P477

P444

AC

09/21/14 00:39:22

110

P477

P477

DI

09/21/14 00:39:39

118

P532

P444

DI

09/21/14 00:39:39

118

P448

P444

OS

09/21/14 00:39:45

116

P534

P444

OS

09/21/14 00:39:45

116

P478

P444

AC

09/21/14 00:39:48

118

P532

P532

AC

09/21/14 00:39:48

118

P448

P532

OS

09/21/14 00:45:06

118

P532

P444

OS

09/21/14 00:45:06

118

P448

P444

DI

09/21/14 00:48:03

108

P520

P427

OS

09/21/14 00:49:17

114

P488

P444

OS

09/21/14 00:49:20

110

P477

P444

DI

09/21/14 00:51:59

106

P474

P444

OS

09/21/14 00:51:59

106

P474

P444

DI

09/21/14 00:53:27

102

P470

P444

OS

09/21/14 01:01:25

108

P520

P444

OS

09/21/14 01:01:28

102

P470

P444

FI

09/21/14 01:26:11

114

P488

P444

Cleared/No Report

FI

09/21/14 01:26:56

1205

P408

P444

Cleared/No Report

FI

09/21/14 01:27:08

102

P470

P444

Cleared/No Report

ES

09/21/14 01:35:06

106

P474

P444

FI

09/21/14 01:35:12

118

P532

P444

Cleared/No Report

FI

09/21/14 01:35:12

118

P448

P444

Cleared/No Report

FI

09/21/14 01:37:46

108

P520

P444

Cleared/No Report

ES

09/21/14 01:39:40

110

P477

P444

OS

09/21/14 01:43:46

106

P474

P444

OS

09/21/14 01:43:50

110

P477

P444

FI

09/21/14 01:48:32

116

P534

P444

Incident Report

FI

09/21/14 01:48:32

116

P478

P444

Incident Report

FI

09/21/14 02:14:12

110

P477

P444

Cleared/No Report

FI

09/21/14 02:37:35

106

P474

P444

Incident Report

Key Power - Phoenix RMS

Disposition

** Confidential, Unauthorized use prohibited **

Page 4 of 4

Ron Oremus
From:
Sent:
To:
Subject:

Scott Christensen
Wednesday, April 15, 2015 11:29 AM
Ron Oremus
FW: No Audio for Squad 48

Sergeant Scott Christensen


Waukesha Police Department
1901 Delafield St
Waukesha, WI 53188
Desk (262) 524-3829
Dispatch (262) 524-3831
[email protected]

"The opinions expressed are mine and do not necessarily represent those of the City of Waukesha."

From: Keith Harper [mailto:[email protected]]


Sent: Wednesday, April 15, 2015 11:28 AM
To: Scott Christensen
Subject: No Audio for Squad 48

Steve,
The issue with the video from September of 2014 on Squad 48 was caused by the DVR booting up with a
recording trigger already active (i.e. lightbar). Because of the, the DVR began writing null audio to the audio
slice files and never attempted to retrieve audio from the audio streams once they were available.
This has been fixed in the version that we placed on the server and the DVRs should be updated the next time
they dock.
Regards

Keith Harper | CCNA R&S, Wireless, Security | Support Engineer


404-816-0300 Office | 678-892-8382 Direct
[email protected] | www.utility.com

Confidentiality Notice
This message is being sent by or on behalf of Utility Associates, Inc. It is intended exclusively for the individual or entity to which it is addressed. This communication
may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not
authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by
e-mail and delete all copies of the message.

WAUKESHA POLICE
DEPARTMENT
GENERAL ORDER
ISSUED DATE:
9-30-09
WILEAG STANDARDS:

SUBJECT:

MOBILE AUDIO-VIDEO RECORDING SYSTEMS


LAST UPDATE:
12-15-11
NONE

NUMBER:
G.0.2009-04
TOTAL PAGES:
4

ISSUING AUTHORITY:
RUSSELL P. JACK - CHIEF OF POLICE

I.

PURPOSE
The purpose of this General Order is to provide gUidance concerning the use of
Mobile Audio-Video Recording Systems (MAVRS) used by the Waukesha Police
Department in patrol vehicles. This guidance includes the proper use of MAVRS
and the procedures related to handling or downloading a recorded audio-video file.
This General Order does not apply to handheld recording devices or audio-video
surveillance devices.

II.

POLICY
It is the policy of the Waukesha Police Department to utilize MAVRS in Department
patrol vehicles. MAVRS will create an accurate record of events during which
members of the Department have contact with the general public. The Digital
Patroller provided by Digital Safety Technology is the designated MAVRS of the
Department.

III.

DEFINITIONS
A. Mobile Audio-Video Recording System (MAVRS) - Equipment designed for
fixed installation in patrol vehicles that will capture both audio and video
recording within the capability of the system.
B. MAVRS Program Coordinator - A sworn supervisor, as assigned by the Chief
of Police, tasked with the responsibility of overseeing the MAVRS program.
C. MAVRS Video File Coordinator - An employee, assigned by the Chief of
Police, tasked with the responsibility for transferring, copying, processing,
storing and purging of MAVRS files.

MOBILE AUDIO-VIDEO RECORDING SYSTEMS


G.O.2009-4
IV.

PROCEDURES
A. Operation Procedures
1. At the beginning of each shift the officer assigned to a MAVRS equipped
patrol unit shall be required to determine the operational status of the
camera system. The camera system shall be checked periodically during
the duty shift to ensure the system is operating properly. Officers shall
notify a shift supervisor as soon as possible, whenever the system
malfunctions or the officer receives an indication the Digital Video Recorder
(DVR) is full. At the end of each shift, the system is to be shut down and the
wireless microphone placed in the charging cradle.
2. The MAVRS is continually recording and will capture the 30 seconds of
video prior to one of the activation methods. The camera, wireless
microphone and internal microphones will activate and recording to the DVR
will begin when:
a. Manually activated on the WDA
b. The emergency lights are activated
c. Officer depresses the "Talk" button on the remote microphone
d. The vehicle reaches a speed of 65 mph or higher
e. When the vehicle has an impact (similar to what would set off an airbag)
3. Once an incident is completed, the officer shall press the "Stop" button on
the WDA to stop the recording. The officer must then classify the event.
4. An Officer shall not stop a MAVRS recording until the squad leaves the
scene of an incident and does not have a civilian in the vehicle (except ridealongs). A supervisor may authorize the termination of a recording.
5. An Officer shall not access or tamper with: the trunk mounted media vault,
digital video recorder or the system's programming menu unless performing
a manual download at a docking station.
6. Officers shall follow all Standard Operating Procedures in relation to the
MAVRS.
B. Digital Video Control and Management
1. Digital units download video files to a server using a wireless access system
or a manual docking station. The MAVRS Video File Coordinator shall have
the ability to manually transfer files to a DVD for storage, or release files in
accordance with the Record Request General Order (2003-07).

MOBILE AUDIO-VIDEO RECORDING SYSTEMS


G.O.20094
2. All MAVRS Video files shall be retained for 120 days and then purged,
unless they have been selected for extended retention.
3. Video files needed as evidence (refer to MAVRS SOP) shall be transferred
to a DVD and inventoried by the MAVRS Video File Coordinator. All OWl
cases are to be inventoried as evidence.
4. Supervisors shall designate files "Marked as Evidence" for citizen complaints.
5. Supervisors may only copy files for officer evaluation, citizen complaints, or
training purposes.
6. All video file requests made through open records shall be handled in
accordance with current open records law and the Record Request General
Order (2003-07).
C. Restrictions
1. Officers shall not use the MAVRS to record conversations or activities of other
police personnel unless it is intended for criminal, investigative or
administrative purposes.
2. Officers shall not erase or alter MAVRS files in any manner.
3. Officers shall not interfere with the recording system or intentionally cause the
system to malfunction.
4. Officers shall ensure that there are no obvious obstructions to prohibit either
audio or video recording.
5. An Officer shall not stop a MAVRS recording until the squad leaves the
scene of an incident and does not have a civilian in the vehicle (except ridealongs). A supervisor may authorize the termination of a recording.

V.

SECURITY AND INTEGRITY OF MOBILE AUDIO-VIDEO FILES

A. Processing and storage of audio-video recordings are done on a Department


server and storage unit, maintained by the City's IT Department.
B. The server and storage units are located in the secured computer room on the
upper level of the Police Department.

MOBILE AUDIO-VIDEO RECORDING SYSTEMS


G.O.2009-4
VI.

NOTIFICATION

A. It is not necessary for officers to volunteer the fact that the incident or contact is
being recorded. If a person asks if they are being recorded, the officer shall
inform them they are being recorded, unless doing so jeopardizes the officer's
safety or investigation. If a member of the public objects to the recording,
they shall be informed that Wisconsin law allows for audio and video recordings.
B. Officers are not required to cease or initiate a recording based on the request or
demand of a citizen, involved party, suspect or offender.
C. The following message will be posted in a location that is visible to those persons
seated in the transport areas of patrol fleets. This posting shall be stated in both
English and Spanish.
1. "Audio and Video Recording in Progress"
2. "Grabacion Audio un Video Esta en Curso"

~~~~

RUSSELL P. JACK
CHIEF OF POLICE

City of Waukesha Police Department


Mobile Audio-Video Recording Systems
(MAVRS)
Standard Operating Procedure
01-21-13
I. PURPOSE
The purpose of this SOP is to provide guidance for the use of the MAVRS.
Maintaining the integrity of the digital media obtained from the MAVRS protects
both the suspect and the officers against subsequent assertions of statement
distortion, coercion, misconduct or misrepresentation. It can serve as a valuable
tool to the criminal justice system, assisting the Court in seeking the truth.
II. EQUIPMENT CHECK AND OFFICER RESPONSIBILITY
A general inspection of the MAVRS equipment installed in Department vehicles
shall be the responsibility of the officer using the vehicle. The recording
equipment shall be operated in accordance with the manufacturers
recommended guidelines and Department training.
A. Equipment Check
Prior to beginning each shift, the officer shall perform an inspection to ensure
the MAVRS is performing properly by confirming the following:
a.
b.
c.
d.

The MAVRS is powered up properly while starting the ignition


The correct date and time is displayed on the WDA monitor
The system records audio and video
The remote audio transmitter is turned on and in position to record
the officers contacts

2. Officers shall also verify the triggers to activate recordings are operating
by completing a triple check:
a. Manual activation by using the in-car WDA
b. Activation by using the emergency lights
c. Activation by use of the remote wireless microphone/transmitter
3. Officers shall grab a microphone for their fleet in the coat room and return
it to the same cradle at the end of their shift. Officers shall verify that the
assigned microphone/transmitter is properly functioning. If a microphone
is inoperable because of a problem with the battery, the battery shall be
replaced by the MAVRS Program Coordinator.
B. Officer Responsibility
Any problems with the MAVRS equipment shall be reported to a supervisor
immediately. Supervisors who are informed, or otherwise become aware of
1

02-02-13 SC #402

malfunctioning equipment, shall have Specialist Kraus or Sergeant


Christensen notified.
1. Proper wearing of the remote microphone is required, and shall be done in
accordance with training
2. Officers shall report to a supervisor if the equipment is deactivated during
an incident when it would normally be operating
3. Officers are responsible for ensuring the MAVRS is recording for any
contact the officer reasonably believes may result in an arrest.
III. OPERATION GUIDELINES
A. Electronic Devices - With the exception of police radios, officers shall
ensure that the volume for the electronic devices within the police vehicle do
not interfere with the MAVRS. AM/FM radios shall be turned off while the
MAVRS is recording.
B. Activation Triggers - The MAVRS record mode (both audio and visual) will
be automatically activated by any one of the following activation triggers:
1.
2.
3.
4.
5.

When the emergency lights are activated


By manually activating the system from inside the squad
By depressing the TALK button on the remote microphone
When your speed reaches 65 mph
When your vehicle has an impact (similar to one that would set
off an airbag)

Officers should also be cognizant that there is 30 second pre-record time in the
event a significant event happens prior to the activation trigger. (video only)
C. System De-activation - When the MAVRS is activated to document an
event, it shall not be de-activated until the event has been concluded.
Exceptions to this include:
1. The recording would jeopardize the release of confidential information or
the identity of a confidential informant
2. An event is, or believed will be, of such duration and/or insignificance that
the recorder may be de-activated to conserve recording times
3. If the officer reasonably believes that de-activation will not result in the
loss of critical documentary information.
D. Incident Documentation - When the MAVRS is activated, officers shall
ensure that the audio and video portion are activated so all events are
properly documented. This is achieved by:
1. Zooming the camera back to its widest angle of view and position it
properly to record events
2. Keeping the camera clear of obstructions and debris
3. Ensure the cameras position remains stationary unless it is necessary to
change in order to record a specific incident that would not be captured by
the normal position of the camera
2
02-02-13 SC #402

Note: If the camera is moved, it shall immediately be placed to its original


position upon completion of the recording
E. Incident Identification (Tagging) - After each event that is recorded, an
officer must identify (or tag) the recording in the classification field. The general
nature of the recorded incident shall be identified (tagged) using the drop down
menus available on the WDA. Personnel shall identify incidents based on the
highest level of importance (ex. A crash investigation that turn into a use of force
incident shall be tagged as Use of Force). Personnel shall enter CAD numbers
in the appropriate box. It is the repsonsibility of the person that made the video
to label it Marked as Evidence. If a MAVR exists for the following incidents, it
shall be classified Marked as Evidence:
1.
2.
3.
4.
5.
6.
7.

OWI Arrests
OWI procedures at WMH or other location
Vehicle Pursuits
Any incident involving an alledged citizen complaint
Any incident involving an alledged complaint of racial profiling
Any incident where an officer is injured and/or assaulted
Any incident where a suspect or subject is injured in the course of an
arrest or investigation
8. Any squad crash
9. Any incident when force is applied at or beyond the tactic OC/ECD
10. Any incident when force is displayed as a deterrent at or beyond the tactic
OC/ECD
11. Any situation or incident that a Supervisor and/or Officer believes should
be archived
F. Data Transfer Data transfer will begin automatically while squads come
within range of the wireless access point. Any audio-video recording that is
significant in length should be done by a wired download. Officers should
make sure that all recordings are downloaded prior to the end of the officers
shift.
G. Review - Officers are encouraged to view their recordings when preparing
reports of incidents to help ensure accuracy and consistency of incident
accounts.
H. Documentation - Officers shall clearly indicate in their Incident Reports,
Crash Reports, and TRACS Citations if there is a MAVR of the incident.
Proper documentation of a MAVR must include the fleet number. If the
recording contains evidence of a significant crime, a report must be dictated.
The presence of this recording should be noted in the summary paragraph.
I. Wireless Microphone - Officers assigned to a squad equipped with a MAVRS
shall ensure that the microphone is functioning properly, turned on, and
remains on at all times. If one of the two microphones is missing notify a
supervisor immediately.

02-02-13 SC #402

1. The wireless microphone/transmitter shall be carried at all times during an


officers tour of duty
2. No employee shall turn off the wireless microphone during their tour of
duty. It may be turned off when returning it to its cradle in the coat room.
J. Follow Through Considerations - When a suspect is taken into custody or
other person is transported in the back of a squad, the MAVRS shall continue
to record until that person is secured or released at a location outside of the
squad. (For example; a location at the Waukesha Police Department,
Waukesha County Jail, Waukesha County Mental Health Center, Waukesha
Memorial Hospital, or other authorized facility).
Officers are encouraged to do searches of people taken into custody within
view of the front camera. This will protect officers from claims of
inappropriate behavior.
IV. RESTRICTIONS
1. Officers are prohibited from intentionally using the MAVRS to record the
activities/conversations of other police department employees unless it
applies to the above listed incidents that are required to be recorded, or
explicit written permission from the police department employee has been
obtained.
2. Officers shall not interfere or alter the MAVRS, or intentionally cause the
unit to malfunction.
3. Any operator who intentionally disables or damages any part of the
MAVRS or fails to activate the system as required by this procedure, shall
be held accountable and shall be subject to disciplinary action.
VII. RECORDING REVIEW TRAINING DOCUMENTATION
A. When an incident is recorded that is perceived to be of value as a
training aid, the officer responsible for the recording is highly encouraged
to notify a supervisor and have that recording Marked As Evidence.
B. Supervisors shall conduct periodic reviews of MAVRS recordings in order
to assess officer and equipment performance. Minor rule infractions
discovered during routine review of recorded material should be viewed as
training opportunities and not as disciplinary actions. Should the behavior
or action become habitual after being informally addressed, the
appropriate disciplinary or corrective action shall be taken.
C. Review will also be done to address citizen complaints and internal
investigations.
D. Field Training Officers should routinely use the recordings of probationary
officers during the FTO process for constructive critique and review.
4

02-02-13 SC #402

VIII. DATA MANAGEMENT


The MAVRS Program Coordinator and MAVRS Video File Coordinators are
responsible for providing assistance for all downloaded MAVRS recordings.
1. Recordings identified as having evidentiary value shall be handled
according to existing Department General Orders.
2. Recordings may have administrative holds placed on them so that they
will not be purged until that hold is lifted.
3. Prosecutors and City Attorneys can request a recording be saved and/or
copied for use in criminal and non-criminal court cases.
4. Recordings that have not been identified as having evidentiary value,
had any type of hold placed on them, or been requested by a person for
the purpose of open records requests, will be automatically purged from
storage at a minimum of 120 days from the date of the recording.
5. All requests for copies of videos shall be directed to Nancy Roberts, or
Specialist Kraus, if Ms. Roberts will be unavailable.
6. After videos that have been tagged as Marked as Evidence have been
copied, one additional copy will be made and the video will no longer be
Marked as Evidence to begin the saving of storage space. Additional
copies will be inventoried into evidence by Specialist Kraus.
Dispersal of Mobile Audio-Video Recordings shall be in accordance with the
General Order regarding Record Requests (2003-07).

02-02-13 SC #402

You might also like