Best
Practices for the Collection of Video Tape Evidence
The utilization of video surveillance technology is
a commonplace occurrence today. Video is used in S&Ls, banks and
stores of all sizes and descriptions for reducing robberies, shoplifting
and other crimes. It is also used for monitoring public areas in casinos,
sports arenas and parking lots. Law enforcement uses include undercover
operations, emergency and disaster responses, media releases and crime
scene recordation to mention just a few. Of course, the home video
camera plays a significant role not only in television comedy shows
but in periodically recording unusual and occasionally provocative
incidents.
The
purpose of this informational memorandum is to provide law enforcement
users a standard procedure for handling, securing and protecting
video information so that maximum investigative utility may be obtained
from it, the odds of conviction can be enhanced and investigator
time and effort minimized.
This
document will address retrieving evidence from closed circuit television
video recording systems, which may employ time lapse recorders,
and the steps necessary to obtain the information available from
these systems. There are five major steps which will be covered
in detail:
1. Determine if there is a videotape
- Cameras
- Recorders
2. Stop the Recorder
- Seize tapes as evidence
- Check for ancillary recorders
3. Document the video system's physical relation
to the crime scene
- Camera views
- Timing
4. Protect the video tape
- Break off the Write Protect Tab
- Make a copy
- Store the original -- Under Chain of Evidence
- Analyze the copy
5. Seek technical assistance help if problems
occur
1.
Determining If There Is A Video Tape
One
of the first questions asked by officers responding to the crime
scene should be, "Is there a video tape at the incident?, Where
are the cameras?, Where are the recorders?"
2.
Stop the Recorder
Often
recorders continue after a crime has been committed, therefore,
one of the first things to be done at the crime scene is to stop
the recorders to avoid accidentally recording over the information
you need. Next, confiscate the tapes immediately; put them into
a chain-of-evidence before someone edits them.
When
handling videotape evidence, first stop the recorder but do not
eject the tape. It is important to take the time at this point to
be sure you know how to stop and eject the tape without accidentally
restarting the recording. Next, note the time on the recorder and
simultaneously note the time on your watch. Do this to the highest
accuracy possible, i.e., to the second. Often the time on your watch
and the time on the recorder will not be the same. Therefore, this
time discrepancy may be needed and may be important in subsequent
analysis. Also note any time differences with any other clocks in
the vicinity that may be noticed by witnesses. Next, note the position
counter on the tape recorder. Times on recorders are notoriously
incorrect -- sometimes they have been off by hours. Rewind the tape
and note the position of the counter again. The difference between
the position of the counter number prior to rewinding and after
rewinding will facilitate the repositioning and analysis of the
tape later. Now carefully eject the tape.
Next,
write down the information about the recorder. Note the manufacturer,
the model, the time-lapse mode and any other settings the recorder
was in.
In
addition to locating video equipment at the scene of a crime, look
for additional video that may have a view of a crime (that might
be down the street from the scene) which may contain, for instance,
the car driving away. For instance, when there is a crime at a mall,
there may be convenience stores or bank ATM videos that see suspects
entering or leaving the crime area. In addition, suspects may have
been in other nearby locations, for instance streets used for entry
or exit routes. Also, it may be useful to look at earlier tape recordings
than when the crime occurred; sometimes suspects may have visited
the location prior to the crime. If ancillary tapes are located,
these same procedures apply to them.
3.
Document the Video System'(s) Physical Relationship to the Crime
Scene
Write
down the location of the cameras and their views in the report or
diagram or photograph this data. Additionally, size measurements
(height, depth, width) of reference objects in the scene should
be measured so that they can be utilized to determine physical dimensions
of other things such as the height of a suspect.
4.
Protect the Tape
Most
tapes have a "write protect" tab. Break off this tab so
that it can't be inadvertently recorded over.
Now
that you have a tape, what is the best procedure? Although it is
often compelling, do not play the tape; take it somewhere to be
copied and play only the copy, thereby saving the original for professional
analysis. The reason this procedure is recommended is that often
the tapes are old and playing a tape does degrade it. If you have
gone to the trouble to collect this tape as evidence, it implies
prudent handling. Pausing or slow motion viewing degrades the tape
more. In addition, time lapse video may not be viewable on ordinary
tape recorders. From a video surveillance analysts perspective,
the most common errors are: 1) A tape has been paused on the critical
image for a long time for study and is thereby ruined for forensic
analysis; 2) Only a portion of a tape is analyzed and there is additional
or corroborating information on earlier parts of a tape.
Make
certain that the original tape is secured as evidence and stored
where it will not be damaged by magnetic fields such as electric
motors, solenoids, and magnetic metal detectors. Also, take care
that the tape does not overheat, e.g., do not leave in car in sunlight.
Store in cool dry location. Excessive heat and humidity will cause
deterioration.
5.
Seek Technical Assistance if Problems Occur
Any
of the National Law Enforcement & Corrections Technology Centers
may be contacted for advice and assistance if needed. Also, the
FBI has the capability to do video tape analysis and many of the
larger criminalistics laboratories around the nation are available
for consultation, guidance and assistance.
What
can be expected from the analysis of video recordings? They can
show the crime scene, they often provide a synopsis of a crime and/or
the description of the crime scene that would be hard to describe
in words or testimony alone. The video itself is physical evidence
similar to a photograph. It may provide images of actions, statements
or other physical evidence that may be part of a crime (hand gun,
rifle, knife, car) and it provides a format for which associate
evidence may be used to establish connection or association between
a crime scene and an individual. For instance, the car at a crime
scene compared with a car of a suspect, or shoes observed on a person
on the video of a crime compared with shoes of the suspect. Not
only might it show a connection between a suspect and a crime, it
might provide an alibi for innocent individuals. In addition, video
(even stop-action video) can be used to show action in a fashion
from which intent may be inferred. For instance, motion video of
a person can reveal vigor of actions (pace), emotions or other outward
indicators of a persons state of mind, not simply identity as a
stop-action photograph might do.
Preparation
and Planning are the keys to success in any endeavor and certainly
this is true in gathering technical evidence from video surveillance
equipment. Well prepared officers knowledgeable in the steps required
can make the best use of a powerful tool. It is the hope of the
NLECTC that the information contained in this document can assist
in this endeavor.
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