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Police Policy On Vehicle Searches Modified

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The Police Commission has modified the Newtown Police Department’s policy on police obtaining permission to conduct motor vehicle searches.

At their February 5 session, Police Commission members unanimously approved the modified policy, which was submitted for review by Police Chief James Viadero.

When considering that police officers on patrol duty now wear body-mounted cameras, commonly known as “bodycams,” the new policy alternately allows police to verbally request consent for a search of a vehicle. That interaction between the police officer and the person who is control of the vehicle would be recorded visually and sonically by the bodycam, providing evidence that consent for a search was given, according to the modified policy.

In the past, before the police wore bodycams while on patrol, police would seek the signature of the person in control of the vehicle on a search consent form before conducting a search.

Police searches of vehicles include compartments and closed unlocked containers within the vehicle that are capable of containing the item for which police are searching. When locked containers are present, a separate verbal consent is required for searching those locked containers.

The policy recommends that whenever feasible, a court warrant should be obtained for vehicle searches. Warrantless searches may be conducted when a lack of time or other pressing circumstances make it impractical to obtain a warrant for a search, according to the policy.

In September 2018, Police Commission members approved a policy providing guidance to police officers on the use of bodycams. In July, police had received a shipment of bodycams and related computer equipment.

Town police use the compact, lightweight Vie-Vu brand camera, which police officers have mounted on their chests while on patrol. The black plastic devices are about the size of deck of cards. People being recorded by the devices would not necessarily know that the audio/video recording system is operating.

Bodycams are being increasingly used by police departments to provide a visual/sonic surveillance record of police/public interactions for the sake of accountability on the part of both police and the public.

According to the police bodycam policy, creating video/audio records through the use of bodycams will contribute to the accurate documentation of critical incidents, police-public contacts, crime scenes, accident scenes, and arrests. The recorded material would be used by police in their investigations. The recordings may be introduced as evidence in court.

Police have long made visual/sonic recordings of their interactions with motorists through the use of cameras that are mounted on the dashboards of their patrol vehicles, commonly known as “dashcams.”

The police’s use of bodycams is intended to strengthen police accountability by documenting incidents and encounters between police and the public. The recordings would be used to resolve officer-related incidents and complaints by providing an objectively independent record of events. Also, the use of bodycams seeks improve police department transparency by allowing the public to see video evidence of police activities and encounters in accordance with laws covering public disclosure.

In August 2015, Police Commission members decided that equipping town police officers with bodycams is a good idea and endorsed acquiring the devices.

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