Completed Investigation With Attachments, 05-11-15
Completed Investigation With Attachments, 05-11-15
Completed Investigation With Attachments, 05-11-15
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
OurMission:ApledgetoServewithIntegrity,HonorandCourage!
TheopinionsexpressedaremineanddonotnecessarilyrepresentthoseoftheCityofWaukesha.
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.
"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
7:24:00
14.049404
Reported
Priority
09/21/2014
1
Case#
Stacked
Dispatched
14-049404
0:31:50
0:32:17
Arrived
Finished
Disposition
0:35:36
2:37:37
Incident Report
0:31:16
Page 1 of 4
7:24:00
Notes
9/21/14
0:31
9/21/14
0:31
9/21/14
0:32
9/21/14
0:32
9/21/14
0:32
9/21/14
0:34
9/21/14
0:34
9/21/14
0:37
9/21/14
0:39
9/21/14
0:40
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
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
9/21/14
0:44
9/21/14
0:44
9/21/14
0:45
9/21/14
0:45
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
9/21/14
0:48
9/21/14
0:49
9/21/14
0:50
9/21/14
0:52
9/21/14
0:53
9/21/14
0:54
9/21/14
0:54
9/21/14
0:54
9/21/14
0:58
9/21/14
1:00
10-26 3 times
9/21/14
1:00
9/21/14
1:04
Esser - having trouble breaching an interior door, will need the ram
9/21/14
1:05
9/21/14
1:06
Residence is clear
9/21/14
1:07
9/21/14
1:09
9/21/14
1:10
9/21/14
1:11
9/21/14
1:11
9/21/14
1:13
10-26 subjects are alyssa choinski, marc moore and clayton moore
9/21/14
1:26
9/21/14
1:34
9/21/14
1:39
9/21/14
1:40
to DC
Page 2 of 4
7:24:00
Names
9/21/14
1:41
9/21/14
1:42
9/21/14
1:42
9/21/14
1:42
9/21/14
1:42
9/21/14
1:45
9/21/14
1:48
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
Waukesha, WI 53186
Field Interrogation
Milwaukee, WI 53222
Milwaukee, WI 53209
Waukesha, WI 53186
Milwaukee, WI 53222
Milwaukee, WI 53222
Milwaukee, WI 53209
Moore, Clayton J
10075 W Lisbon Ave
Citation
Moore, Clayton J
10075 W Lisbon Ave
Citation
Citation
Citation
Moore, Clayton J
10075 W Lisbon Ave
Field Interrogation
Page 3 of 4
7:24:00
Unit History
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
Disposition
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
"The opinions expressed are mine and do not necessarily represent those of the City of Waukesha."
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
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WAUKESHA POLICE
DEPARTMENT
GENERAL ORDER
ISSUED DATE:
9-30-09
WILEAG STANDARDS:
SUBJECT:
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.
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).
V.
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
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
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
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
02-02-13 SC #402
02-02-13 SC #402