IoT 101.1 for Leos - Obtaining Video Near Crime Scenes

How to Collect Video/Audio from Cameras at or near a Crime Scene

Step-by-Step Process

1. Identify Relevant Cameras 
   The first responder should look for homes or businesses near the crime scene that may have surveillance cameras with potentially useful footage. Look for doorbell cameras, cameras mounted on walls, roofs and poles and cameras mounted inside windows that are facing outdoors. Nearby vehicles with cameras may have captured video.
   

2. Approach the Property Owner
   The officer should approach the property or vehicle owner or resident and explain the situation, emphasizing the importance of the footage for the investigation[1][4].

3. Request Voluntary Cooperation
   Ask the property owner if they would voluntarily consent to share the relevant footage. Many people are willing to cooperate with law enforcement in these situations[4][6].

4. Explain the Process
   If the owner agrees, the officer should explain how they'd like to obtain the footage. This could involve:

• Viewing the footage on-site
• Requesting a digital copy (e.g., via email, flash drive, or SD card)[1]
• Accompanying the owner to access and download the footage[1]

5. Document Consent
   If the owner agrees to share the footage, the officer should document this consent, preferably in writing.

6. Handle Refusal Professionally
   If the owner refuses, the officer should respect this decision and not attempt to coerce them. Refusal is not considered obstruction of justice[1][4].

7. Seek a Warrant if Necessary
   If the footage is crucial to the investigation and the owner refuses to share it voluntarily, the officer should:

• Inform their supervisor or investigative unit
• Prepare information for a search warrant application
• Have a judge review and approve the warrant[1][3]

8. Execute the Warrant
   If a warrant is obtained, the officer can return to seize the footage or equipment as specified in the warrant[3].

9. Verify Functionality
   If the owner claims the cameras weren't working, the officer may need to verify this claim, potentially through a warrant to inspect the equipment[1].

10. Handle the Evidence Properly
    Once obtained, the footage shall be treated as evidence, properly logged and stored to maintain its integrity for potential use in court.

Additional Considerations

• Emergency Situations: In life-threatening emergencies, some companies may provide footage without a warrant, citing applicable law[2][4]. In those exigent circumstances a follow-up court order or warrant is typically required.
• Cloud Storage: If footage is stored in the cloud, police may need to contact the service provider directly[2].
• Audio Recording: Officers should be aware that audio recording may have different legal implications than video in some jurisdictions[2].
• Federal Agencies: While generally bound by the same rules, federal agencies may have additional powers in certain circumstances, such as under the Foreign Intelligence Surveillance Act[5].

Laws and policies vary by jurisdiction, so investigators should be familiar with local laws and department procedures. The goal is to balance effective law enforcement with respect for privacy rights and legal protections.

Citations:

[1] https://www.reddit.com/r/AskLEO/comments/awxn01/whats_the_process_for_police_obtaining_security/
[2] https://www.security.org/security-cameras/legality/
[3] https://www.ifrahlaw.com/ftc-beat/ding-dong-the-police-want-access-to-your-doorbell-footage-can-they-get-it/
[4] https://www.newschannel5.com/news/can-law-enforcement-access-your-home-security-cameras-consumer-reports-finds-out
[5] https://www.cnet.com/home/security/rules-for-when-police-can-seize-your-home-security-videos/
[6] https://blog.zositech.com/police-request-security-camera-footage/