10 limitations
of body cams you need to know for your protection
A special report from the Force Science Institute
The idea is building that once every cop is equipped with
a body camera, the controversy will be taken out of police shootings and other
uses of force because "what really happened" will be captured on
video for all to see. Well, to borrow the title from an old Gershwin tune,
"It Ain't Necessarily So."
There's no doubt that body cameras--like dash cams, cell
phone cams, and surveillance cams--can provide a unique perspective on police
encounters and, in most cases, are likely to help officers. But like those
other devices, a camera mounted on your uniform or on your head has limitations
that need to be understood and considered when evaluating the images they
record.
"Rushing to condemn an officer for inappropriate
behavior based solely on body-camera evidence can be a dicey proposition,"
cautions Dr. Bill Lewinski, executive director of the Force Science Institute.
"Certainly, a camera can provide more information about what happened on
the street. But it can't necessarily provide all the information needed to make
a fair and impartial final judgment. There still may be influential human
factors involved, apart from what the camera sees."
In a recent conversation with Force Science News, Lewinski enumerated 10 limitations that are important to keep in mind regarding body-camera evidence (and, for the most part, recordings from other cameras as well) if you are an investigator, a police attorney, a force reviewer, or an involved officer. This information may also be helpful in efforts to educate your community.
1. A camera doesn't follow your eyes or see as they see.
At the current level of development, a body camera is not
an eye-tracker like FSI has used in some of its studies of officer attention.
That complex apparatus can follow the movement of your eyes and superimpose on
video small red circles that mark precisely where you are looking from one
microsecond to the next.
"A body camera photographs a broad scene but it
can't document where within that scene you are looking at any given
instant," Lewinski says. "If you glance away from where the camera is
concentrating, you may not see action within the camera frame that appears to
be occurring 'right before your eyes.'
"Likewise, the camera can't acknowledge
physiological and psychological phenomena that you may experience under high
stress. As a survival mechanism, your brain may suppress some incoming visual
images that seem unimportant in a life-threatening situation so you can completely
focus very narrowly on the threat. You won't be aware of what your brain is
screening out.
"Your brain may also play visual tricks on you that
the camera can't match. If a suspect is driving a vehicle toward you, for
example, it will seem to be closer, larger, and faster than it really is
because of a phenomenon called 'looming.' Camera footage may not convey the
same sense of threat that you experienced.
"In short, there can be a huge disconnect between
your field of view and your visual perception and the camera's. Later, someone
reviewing what's caught on camera and judging your actions could have a
profoundly different sense of what happened than you had at the time it was
occurring."
2. Some important danger cues can't be recorded.
"Tactile cues that are often important to officers
in deciding to use force are difficult for cameras to capture," Lewinski
says. "Resistive tension is a prime example.
"You can usually tell when you touch a suspect
whether he or she is going to resist. You may quickly apply force as a
preemptive measure, but on camera it may look like you made an unprovoked
attack, because the sensory cue you felt doesn't record visually."
And, of course, the camera can't record the history and
experience you bring to an encounter. "Suspect behavior that may appear
innocuous on film to a naive civilian can convey the risk of mortal danger to
you as a streetwise officer," Lewinski says. "For instance, an
assaultive subject who brings his hands up may look to a civilian like he's
surrendering, but to you, based on past experience, that can be a very
intimidating and combative movement, signaling his preparation for a fighting
attack. The camera just captures the action, not your interpretation."
"But it's still theoretically possible that
something as brief as a muzzle flash or the glint of a knife blade that may
become a factor in a use-of-force case could still fail to be recorded,"
Lewinski says.
Of greater consequence, he believes, is the body camera's
depiction of action and reaction times.
"Because of the reactionary curve, an officer can be
half a second or more behind the action as it unfolds on the screen,"
Lewinski explains. "Whether he's shooting or stopping shooting, his
recognition, decision-making, and physical activation all take time--but
obviously can't be shown on camera.
"People who don't understand this reactionary
process won't factor it in when viewing the footage. They'll think the officer
is keeping pace with the speed of the action as the camera records it. So
without knowledgeable input, they aren't likely to understand how an officer
can unintentionally end up placing rounds in a suspect's back or firing
additional shots after a threat has ended."
4. A camera may see better than you do in low light.
"The high-tech imaging of body cameras allows them
to record with clarity in many low-light settings," Lewinski says.
"When footage is screened later, it may actually be possible to see
elements of the scene in sharper detail than you could at the time the camera
was activated.
"If you are receiving less visual information than
the camera is recording under time-pressured circumstances, you are going to be
more dependent on context and movement in assessing and reacting to potential
threats. In dim light, a suspect's posturing will likely mean more to you
immediately than some object he's holding. When footage is reviewed later, it
may be evident that the object in his hand was a cell phone, say, rather than a
gun. If you're expected to have seen that as clearly as the camera did, your
reaction might seem highly inappropriate."
On the other hand, he notes, cameras do not always deal
well with lighting transitions. "Going suddenly from bright to dim light
or vice versa, a camera may briefly blank out images altogether," he says.
5. Your body may block the view.
"How much of a scene a camera captures is highly
dependent on where it's positioned and where the action takes place,"
Lewinski notes. "Depending on location and angle, a picture may be blocked
by your own body parts, from your nose to your hands.
"If you're firing a gun or a Taser, for example, a
camera on your chest may not record much more than your extended arms and
hands. Or just blading your stance may obscure the camera's view. Critical
moments within a scenario that you can see may be missed entirely by your body
cam because of these dynamics, ultimately masking what a reviewer may need to
see to make a fair judgment."
"Depending on the lens involved, cameras may
compress distances between objects or make them appear closer than they really
are," Lewinski says. "Without a proper sense of distance, a reviewer
may misinterpret the level of threat an officer was facing."
In the Force Science Certification Course, he critiques
several camera images in which distance distortion became problematic. In one,
an officer's use of force seemed inappropriate because the suspect appears to
be too far away to pose an immediate threat. In another, an officer appears to
strike a suspect's head with a flashlight when, in fact, the blow was directed
at a hand and never touched the head.
"There are technical means for determining distances
on 2-D recordings," Lewinski says, "but these are not commonly known
or accessed by most investigators."
7. The absence of sophisticated time-stamping may prove
critical.
The time-stamping that is automatically imposed on camera
footage is a gross number, generally measuring the action minute by minute.
"In some high-profile, controversial shooting cases that is not
sophisticated enough," Lewinski says. "To fully analyze and explain
an officer's perceptions, reaction time, judgment, and decision-making it may
be critical to break the action down to units of one-hundredths of a second or
even less.
"There are post-production computer programs that
can electronically encode footage to those specifications, and the Force
Science Institute strongly recommends that these be employed. When reviewers
see precisely how quickly suspects can move and how fast the various elements
of a use-of-force event unfold, it can radically change their perception of
what happened and the pressure involved officers were under to act."
8. One camera may not be enough.
"The more cameras there are recording a force event,
the more opportunities there are likely to be to clarify uncertainties,"
Lewinski says. "The angle, the ambient lighting, and other elements will
almost certainly vary from one officer's perspective to another's, and syncing
the footage up will provide broader information for understanding the dynamics
of what happened. What looks like an egregious action from one angle may seem
perfectly justified from another.
"Think of the analysis of plays in a football game.
In resolving close calls, referees want to view the action from as many cameras
as possible to fully understand what they're seeing. Ideally, officers deserve
the same consideration. The problem is that many times there is only one camera
involved, compared to a dozen that may be consulted in a sporting event, and in
that case the limitations must be kept even firmer in mind.
9. A camera encourages second-guessing.
"According to the U. S. Supreme Court in Graham v.
Connor, an officer's decisions in tense, uncertain, and rapidly evolving
situations are not to be judged with the '20/20 vision of hindsight,' "
Lewinski notes. "But in the real-world aftermath of a shooting, camera
footage provides an almost irresistible temptation for reviewers to play the
coulda-shoulda game.
"Under calm and comfortable conditions, they can
infinitely replay the action, scrutinize it for hard-to-see detail, slow it
down, freeze it. The officer had to assess what he was experiencing while it
was happening and under the stress of his life potentially being on the line.
That disparity can lead to far different conclusions.
"As part of the incident investigation, we recommend
that an officer be permitted to see what his body camera and other cameras
recorded. He should be cautioned, however, to regard the footage only as
informational. He should not allow it to supplant his first-hand memory of the
incident. Justification for a shooting or other use of force will come from
what an officer reasonably perceived, not necessarily from what a camera
saw."
10. A camera can never replace a thorough investigation.
When officers oppose wearing cameras, civilians sometimes
assume they fear "transparency." But more often, Lewinski believes,
they are concerned that camera recordings will be given undue, if not
exclusive, weight in judging their actions.
"A camera's recording should never be regarded
solely as the Truth about a controversial incident," Lewinski declares.
"It needs to be weighed and tested against witness testimony, forensics,
the involved officer's statement, and other elements of a fair, thorough, and
impartial investigation that takes human factors into consideration.
"This is in no way intended to belittle the merits
of body cameras. Early testing has shown that they tend to reduce the frequency
of force encounters as well as complaints against officers.
"But a well-known police defense attorney is not far
wrong when he calls cameras 'the best evidence and the worst evidence.' The
limitations of body cams and others need to be fully understood and evaluated
to maximize their effectiveness and to assure that they are not regarded as
infallible 'magic bullets' by people who do not fully grasp the realities of
force dynamics."
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