A body-worn camera is a digital recording device which captures video and audio. The camera is worn by the officer, typically on the torso, but may also be affixed to a helmet or worn on the beltline. The Salem Police Department will also have recording devices within the cabin of the patrol vehicles that will capture images not only external of the vehicle, but also within the custody area of the vehicle.

The devices will be worn by sworn staff working patrol duties, as well as detectives working in the field.

An officer is required to activate the camera at the start of any interaction with a person(s) in which the officer develops reasonable suspicion or probable cause to believe a crime or violation has occurred, is occurring or will occur. Recording stops when the officer concludes their participation in the contact.

In general, casual conversations with community members will not be recorded.

At the start of an interaction, or as soon as it is safe and practicable, officers will notify all persons involved that a recording is being captured. There are a few exemptions under Oregon Revised Statute 133.726 and 165.540.

An officer’s device is activated during all enforcement or investigative contacts, which includes recording whenever officers can lawfully enter a residence because there is consent from the resident; a warrant allows entry; they are in active pursuit of a suspect; or there is an exigent or critical circumstance requiring entry into a home.

Body-worn camera recordings of juvenile offenders will occur when officers are responding to calls for service or during the course of an investigation. The recordings will be handled and protected in the same manner as still photographs of juveniles, in accordance with federal, state, and local laws.

Generally, body-worn cameras would be disabled during interviews with child abuse victims. Refer to the Salem Police Department policy, Section XI.

For the purposes of public records requests, Oregon law requires a law enforcement agency to edit the video so as to render unidentifiable the faces of all the persons in the video, which would address any concerns about a child’s image being viewed.

Officers may discontinue recording an interaction at the request of an individual if it reasonably appears to the officer that privacy outweighs any legitimate law enforcement interest in recording, such as an arrest, lawful search, or other circumstance that clearly dictates continuing a recording is necessary.

The request by the person to disable the camera must first be recorded, as well as the officer’s response. Recording of the interaction should resume when privacy is no longer a concern, unless circumstances no longer fit the criteria for recording.

Recordings from body-worn or in-car cameras will be retained for at least 190 days, but no more than 30 months for any recording not related to a court proceeding or ongoing investigation. For cases that do not have suspect information, are rejected by the district attorney's office, or no charges are filed, evidence needs to be retained from the date of offense as follows:

• Felonies - Three to six years
• Homicides - Retained permanently
• Misdemeanors - Two years
• Non-criminal offense - 190 days
• Violations - 30 months

These retention schedules closely follow the Statute of Limitation guidelines for the State of Oregon.

A video recording is a public record and is considered evidence. If you are a defendant in a criminal prosecution, a copy of the video will be provided through criminal discovery. Otherwise, videos may be requested through the City of Salem Public Records Request Portal.

Remember, for the purposes of public records requests, Oregon law requires a law enforcement agency to edit the video so as to render unidentifiable the faces of all the persons in the video.

Refer to the City of Salem Fee Schedule for the cost.