Beyond the Frame: Part 2

Evidence in Critical Incident Reviews

Date: October 26, 2023

Subject: Key Themes and Important Considerations in Video Evidence Collection and Verification

This briefing document summarizes the main themes and most important ideas/facts from the provided sources regarding the gathering and verification of video evidence in critical incident reviews, particularly use-of-force events. It highlights the importance of comprehensive collection, the pitfalls of surface-level reviews, methods for identifying technical distortions, and the critical need to verify video integrity.

1. The Critical Role of Video Evidence and the Dangers of Early Bias

Video evidence is a “critical piece of the puzzle” in critical incident investigations, such as use-of-force events. However, initial, “surface-level video reviews” can lead to significant biases that “derail an investigation.”

• Emotional Pull and Bias: Early exposure to video can create an “emotional pull” or “emotional conductivity,” leading investigators to form “early review of the video can lead to a bias of sorts in which the investigation takes hold and they never stop to objectively analyze it.” It is crucial to “be aware of it. Throw a flag on the play. But don’t let that be the guidance for the investigation.”
• Video as a Piece, Not the Whole Investigation: A key takeaway is that “video is a piece of the investigation. It is not the investigation.” Investigators must understand that “you are going to miss things in that surface review” and that the video is just the “beginning of the investigation.”
• Remaining Inductive: To avoid bias, investigators must “remain inductive about this incident, meaning that we gather all the evidence and then we develop a theory rather than developing that theory, the surface review on a two inch screen, and then supporting that theory with all the evidence that we can.”

1. Comprehensive Collection of Video Evidence

A systematic and proactive approach to gathering all potential video sources is paramount to building a complete and accurate picture of an incident.

• Identifying All Sources: The first step is to “identify and document every possible source” of video. This includes “Body-worn cameras, in-vehicle systems, CCTV from nearby businesses, and bystander cell phone videos.”
• Proactive Witness Engagement: Witnesses often “won’t volunteer their footage unless asked, often fearing their phone will be confiscated or because they’re aiming for social media attention.” Investigators must “ask direct questions about who was filming and where cameras are located.”
• Expanding the Search Beyond the Immediate Scene: While crime scenes are often cordoned off to the immediate area, “video collection requires a broader approach.” Investigators should consider “the surrounding area” for “videos from nearby locations—such as a business’s CCTV capturing a suspect’s approach—can provide crucial context.” Some departments “used geofencing to track social media posts near the time and place of an incident, identifying IP addresses and contacting individuals for their videos.”
• Documentation of Camera Details: It is essential to “documenting camera locations, their perspectives, and whether they include audio (many CCTV systems don’t).” Photographing camera positions helps understand their field of view.
• Avoiding Degraded Evidence: A “common mistake is settling for degraded or transcoded video, such as a cell phone recording of a CCTV playback.” This is akin to “photographing blood spatter and expecting a CSI to extract DNA from the image—it’s not viable evidence.” The priority must be to “obtain raw, original footage.” If immediate access is not possible, “document the camera’s location and dispatch a team to retrieve the original data as soon as feasible.”

III. Spotting Surface-Level Issues and Technical Distortions

Before deep analysis, investigators must identify potential technical issues and distortions inherent in video footage that can misrepresent events.

• Frame Rate Awareness: Most body-worn cameras record at “around 30 frames per second (fps),” but “older CCTV systems, may record at 15 fps or lower, resulting in choppy footage that misses critical movement data.” Lower frame rates can “make actions appear less fluid, potentially skewing perceptions of speed or intent.” Investigators must “get familiar with” what different frame rates look like to the human eye.
• Lens Distortion (Fisheye Effect): Body-worn cameras often use “fisheye lenses to capture a wider field of view.” While useful, “these lenses distort distances, making objects appear farther away than they are.” For example, “a suspect 12 feet from an officer might look 35–40 feet away on an Axon body-worn camera.” This distortion affects “perceptions of time, distance, speed, and motion,” which are crucial in use-of-force investigations.
• Identifying Distortion: Look for “curved lines—on sidewalks, light poles, or vehicles—where straight lines should be, indicating a barrel-shaped lens distortion.”
• Inconsistency with Human Perception: Video is a “two-dimensional digital representation of a three-dimensional event” and does not filter information or convey “intent, emotions, or sensory details like sounds or smells that influence an officer’s decisions.”
• Looming Effect: An object moving directly toward an officer “may appear to accelerate due to “looming”—a visual effect where objects moving directly toward someone seem to gain speed.” A witness or camera “at a 90-degree angle” might show the same subject “moving steadily, not charging,” leading to discrepancies.
• Reconciling Differences: Recognizing these differences helps investigators “avoid dismissing an officer’s account just because it differs from what the video shows.”

1. Verifying Video Integrity and Avoiding Tampering

Ensuring the authenticity and unaltered nature of video evidence is a fundamental step to establish its reliability in court.

• Forensic Software for Integrity Checks: Investigators should “use forensic software” to “examine the video’s metadata and header data to confirm its frame rate and source.”
• Identifying Manipulations:“Compare this to the actual frame analysis to identify inconsistencies, such as variable frame rates not listed in the metadata.”
• “Check the hexadecimal data for signs of editing software (e.g., Adobe Premiere or Final Cut Pro), which would indicate the video has been manipulated.”
• Flagging Issues: If “any other program that has touched that video is going to show up in that hex data,” it’s crucial to “throw a flag on the play.” These steps are “critical to establishing the footage as reliable “best evidence” before deeper analysis begins.”

1. Protocols for Effective Gathering and Verification

To ensure thorough and unbiased investigations, specific protocols should be followed:

1. Identify All Sources: “Document every potential video source—body cameras, vehicle cameras, CCTV, and bystander videos. Ask witnesses directly about recordings and check surrounding areas for additional cameras.”
2. Secure Original Footage: “Avoid degraded sources like cell phone recordings of playbacks. Obtain raw footage, even if it requires a warrant or cooperation from a business.”
3. Document Camera Details: “Note the location, perspective, and audio capabilities of each camera. Photograph their positions to understand their field of view.”
4. Spot Technical Issues: “Check for low frame rates (e.g., 15 fps) and lens distortions (e.g., fisheye effects) that affect time, distance, speed, and motion. Look for curved lines or choppy movement as red flags.”
5. Verify Integrity: “Use forensic software to examine metadata, header data, and hexadecimal data for signs of tampering or inconsistencies in frame rates.”
6. Stay Inductive: “Collect all evidence before forming theories. Avoid letting a surface-level review on an inadequate or small screen shape the investigation.”
7. The Importance of Deeper Analysis and Ongoing Learning

These protocols “lay the groundwork for a fair and thorough investigation,” reducing “the risk of bias from salient or incomplete footage.”

• Consequences of Inadequate Analysis: A detailed analysis of “time, distance, speed, and motion—built on properly collected and verified video—proved the suspect’s innocence” in one case, avoiding a “22-year sentence for second-degree murder.” Conversely, “inappropriate comments” captured on audio, such as a detective making an insensitive joke about shooting females, can lead to quick settlements and undermine public trust, even in situations where the officer’s actions were justified.
• Ongoing Awareness and Humility: Investigators must “slow down, be aware of what we don’t know, and treat video as a piece of the investigative puzzle.” It is crucial to “set aside assumptions and egos” and “Be aware of what you know, but more importantly, be aware of what you don’t know.” This involves continuous learning, as forensic experts “learn something new every time I sit down and start to dig through these cases.”
• Optimizing the Review Environment: The “environment that you’re looking at this video in…limit your distractions at this point” is important because “You’re gonna see and hear things that are gonna start to guide that investigation in a different path.”

This briefing emphasizes that while video evidence is invaluable, its collection, verification, and interpretation demand meticulous attention to detail and a commitment to objectivity to ensure justice and protect all parties involved in critical incidents.