As body-worn and vehicle dash cameras become more essential tools in modern law enforcement, proper storage and management of footage are essential for both legal compliance and risk management. Eugene P. Ramirez, founding partner at Manning Kass and a regular contributor to the California Joint Powers Insurance Authority’s (California JPIA) Annual Risk Management Educational Forum, and John Perez, retired police chief for the City of Pasadena, recently shared vital insights to help members navigate this issue.
California law establishes strict retention requirements for body-worn and dash camera footage. Under Penal Code § 832.18 and Government Code § 34090.6, agencies must retain general recordings for at least 60 days. Footage of critical incidents, such as use-of-force events, requires at least two years of storage. Agencies must retain footage related to complaints, investigations, or legal proceedings until the case is closed or the statute of limitations expires. Footage related to unsolved homicide investigations requires indefinite storage.
Ramirez noted important requirements regarding footage released to the public. “Agencies must release footage of critical incidents within 45 days unless it interferes with an active investigation,” said Ramirez. “While personal information may be redacted for privacy, agencies cannot deny access without legal justification.”
Ramirez identified several recurring issues that could lead to liability, including officers forgetting to activate cameras during critical incidents; footage being accidentally deleted, lost, or altered, leading to accusations of evidence tampering; officers repeatedly failing to comply with body-worn camera policies with no consequences; failure to get buy-in from and effectively communicate with police officer associations; and withholding or editing footage, creating evidentiary challenges in court.
To address these issues, Ramirez recommends automating cameras to activate when officers draw their firearms or tasers. He also recommends that agencies store footage in the cloud, secured with tamper-proof access logs.
Comprehensive documentation is also key. Ramirez recommends that agencies maintain detailed metadata logs, chain of custody records, cross-referenced incident reports, and retention verification logs that prove footage was stored for the required amount of time before deletion.
Agencies should emphasize requirements and standards through annual training on proper camera activation and deactivation; California laws that concern public access and privacy; footage review guidelines; and secure evidence handling.
For agencies with limited resources, Ramirez outlined the minimum risk management standards that departments must meet:
- Establishing clear written policies aligned with state laws—the Authority offers fully-funded member access to Lexipol policy templates
- Securing union buy-in to camera activation procedures
- Implementing basic cloud-based storage
- Maintaining mandatory retention periods
- Providing comprehensive officer training
- Conducting quarterly supervisor audits
- Developing public access procedures
“Strict activation policies are essential,” said Ramirez. “Officers should be required to activate body-worn cameras for all law enforcement interactions, especially use-of-force situations.”
He also recommends supervisor oversight and random audits to catch non-compliance, attorney review of department policies to ensure that they comply with state laws, and proactive release of non-sensitive footage. “Releasing non-sensitive footage can help prevent accusations of bias or evidence suppression,” he said.
“Proper management of body-worn and dash camera footage isn’t just about compliance,” said California JPIA Risk Services Director Alex Mellor. “A comprehensive and intentional approach protects officers and their agencies while building public trust.”
Providing innovative risk management solutions for its public agency partners for more than 45 years, the California Joint Powers Insurance Authority (California JPIA) is one of the largest municipal self-insurance pools in the state, with more than 125 member cities and other governmental agencies. Members actively participate in shaping the organization to provide important coverage for their operations. The California JPIA provides innovative risk management solutions through a comprehensive portfolio of programs and services, including liability, workers’ compensation, pollution, property, and earthquake coverage, as well as extensive training and loss control services. For more information, please visit the California JPIA’s website at cjpia.org.
