The Department of Justice permits the use of body-worn cameras (BWCs) by deputized task force officers (TFOs) on federal task forces. This policy provides the parameters for the use of BWCs by TFOs to the extent that a state or local law enforcement agency[1] requires their use by its officers during federal task force operations.

1. 1. Use of Body-Worn Cameras During Federal Task Force Operations

TFOs employed by a law enforcement agency that mandates the use of BWCs on federal task forces may wear and activate their recording equipment for the purpose of recording their actions during task operations[2] only during: (1) a planned attempt to serve an arrest warrant or other planned arrest; or, (2) the execution of a search warrant.[3] There are several exceptions:

1. • TFOs are prohibited from recording: (1) undercover personnel; (2) confidential informants or confidential sources; (3) on-scene witness interviews prior to or after the operation; (4) personnel using specialized or sensitive investigative techniques or equipment; or (5) on-scene actions by any non-law enforcement persons who are assisting law enforcement personnel prior to or after the operation.
2. • TFOs are prohibited from activating their BWC if the TFO is using specialized or sensitive investigative techniques, operating in a sensitive area, or working in an undercover or covert status on behalf of the federal task force or federal agency as determined by the federal agency sponsoring the task force.
3. • Subject to the discretion of the federal agency sponsoring the task force, TFOs generally shall not use their BWCs to record any activities related to investigations involving public corruption, medical facilities, national security, or other sensitive investigations. The Department’s policy of permitting the limited use of BWCs on task forces does not apply to highly specialized or sensitive operations or groups as determined by the federal agency sponsoring the task force.

1. 2. Body-Worn Camera Recordings are Federal Records and Property of DOJ

All TFO BWC recordings made during federal task force operations, including such recordings retained by the TFO’s parent agency and/or in the possession of any third party engaged by the parent agency to store or process BWC recordings, shall be deemed federal records of the Department and the federal agency sponsoring the task force pursuant to the Federal Records Act. TFO BWC recordings are controlled by, and the property of, the Department and will be retained and managed by the federal agency sponsoring the task force. These records cannot be disseminated without the written permission of the Department, subject to the following exceptions:

1. • Internal Dissemination: The TFO’s parent agency is authorized to use TFO BWC recordings for internal investigations of its personnel consistent with the parent agency’s policies and procedures, but may not disseminate the BWC recording outside the parent agency or for public release without the written permission of the Department.
2. • Expedited Public Release: If TFO BWC recording(s) depict conduct committed solely by a TFO resulting in serious bodily injury or death of another, the TFO’s parent agency shall notify the sponsoring federal agency and the United States Attorney as early as possible if it desires to publicly release the TFO’s BWC recording(s). The sponsoring federal agency and the United States Attorney will expeditiously review the recording(s) and provide official concurrence with public release as soon as practical, unless there are specific and compelling circumstances justifying an objection to public release that cannot be resolved by redaction or other means. Upon official concurrence, the TFO’s parent agency may immediately release the recording(s) with any agreed-upon redactions, giving as much advance notice as possible to the sponsoring federal agency and United States Attorney as to the time and manner of its release.

To view the full policy for additional guidance on these matters, see the October 29, 2020, Use of Body-Worn Cameras by Federally Deputized Task Force Officers Policy.

[added October 2020]

[1] This policy applies equally to tribal and territorial law enforcement agencies.

[2] TFOs are authorized to wear and activate their recording equipment in accordance with this policy anywhere they are authorized to act as a police or peace officer under state, local, territorial or tribal law.

[3] For the execution of a search warrant, BWCs should not be used for searches of property lawfully in government custody or control, or a search to obtain digital or electronic records executed by a third party, such as an electronic service provider or custodian of electronic records.