Updated Body Camera Policies Present Challenges for DOI Officers

In May 2022, President Joe Biden signed the Executive Order to Advance Effective, Accountable Policing and Strengthen Public Safety, which requires the use of body cameras for all federal law enforcement officers. In October 2022, the Department of Interior (DOI) announced it would be beginning the implementation of this policy, adding a new chapter to its manual outlining requirements and expectations of DOI law enforcement personnel. This new chapter includes directives on carrying body cameras when patrolling and engaging with the public, minimum requirements for downloading, documentation, and storage of footage, expediting the release of footage to the public following serious incidents, and providing baseline training standards for new practices.

DOI employs approximately 3,100 federal law enforcement officers across agencies such of the National Park Service, Bureau of Indian Affairs, and Bureau of Land Management. Interior Deputy Secretary Tommy Beaudreau said of the policy, “[i]n reforming policing practices, the Department is helping strengthen the unique connection that law enforcement officers have with the communities that they serve and move the nation forward towards community-focused law enforcement.”

While some DOI law enforcement officers, including Fish & Wildlife officers, already have requirements to wear body cameras, the updated DOI policy will likely have a significant impact on operations. Federal law enforcement groups have spoken in the past about how body camera policies must be properly and carefully implemented. In September 2020 testimony before the U.S. House of Representatives, Committee on Natural Resources, Subcommittee on Oversight and Investigations, Larry Cosme, the Federal Law Enforcement Officers Association’s (FLEOA) National President, stated that “[w]hile body worn camera systems have been shown to be a helpful tool for law enforcement, any tool is only best when those implementing it have studied, trained, and perfected its use.” Throughout his testimony, Cosme also maintained that agencies need the opportunity to test and refine any new system before it can been successfully implemented. 

As with any policy change, federal law enforcement officers are sure to experience challenges while adjusting to the new expectations. Changes to standard operating procedure increase vulnerability for law enforcement officers performing their everyday duties – when pursuing a suspect, there may be no time to go over recently-updated policies in your head. DOI’s new expectations surrounding the implementation of body cameras also adds administrative responsibilities – like downloading and storing footage – to officers’ plates. Any adjustment to protocols may expose law enforcement officers to civil lawsuits from members of the public, as well as administrative actions from their agencies for failure to follow policy, and criticism from politically motivated officials and the public. 

Federal law enforcement officers can protect themselves against investigations with a FEDS Protection PLI policy.  FEDS Protection offers policies with $1 million, $2 million, or $3 million in civil liability protection for attorney’s fees and indemnity costs in the event you are sued in your civil capacity for actions taken within the scope of your employment. Our policy also includes $200,000 of legal representation coverage per incident for administrative actions and $100,000 of coverage for criminal defense costs arising out of actions taken within the scope of your employment. Annual premiums for FEDS Protection PLI start at $290, which is less than it would typically cost to hire a federal employment lawyer for an hour.  LEOSA coverage for off-duty incidents is also available for qualified law enforcement officers. Additionally, federal law enforcement officers are eligible for a reimbursement of up to 50% of the cost of their PLI policy through their agency. To learn more about how a FEDS PLI policy can protect you and your career, visit www.fedsprotection.com or call (866) 955-FEDS, M-F 8:30am-6pm to speak directly to a representative. 

*This article is provided for informational purposes only and does not constitute legal advice.


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