Rules on the Use of Body-Worn Cameras in the Execution of Warrants

Case Overview and Summary

Title: Rules on the Use of Body-Worn Cameras in the Execution of Warrants

General Provisions:
- Defines terms like body-worn camera, alternative recording device, data custodian, metadata, and recording. (Section 4)
- Applies to applications, issuances, and executions of arrest and search warrants, and warrantless arrests. (Section 2)
- Supplements the existing Revised Rules of Criminal Procedure. (Section 3)

Arrest Warrants:
- Court shall issue arrest warrant with order to use at least one body-worn camera and one alternative recording device, or a minimum of two devices. (Section 1)
- If body-worn cameras are unavailable, officers must file a motion to use alternative recording devices. (Section 1)
- Officers must notify the person being arrested and other subjects that the arrest is being recorded. (Section 2)
- At least one body-worn camera and one alternative recording device must be worn by arresting officers. (Section 3)
- Recordings and affidavits must be submitted to the court, detailing the arrest and recording process. (Section 4)
- Failure to use cameras does not render the arrest unlawful or evidence inadmissible, but officers may be held in contempt of court. (Section 5)

Search Warrants:
- Applicant for search warrant must state availability or unavailability of body-worn cameras. (Section 1)
- Multiple search warrant applications based on the same evidence filed in the same court shall be denied. (Section 1)
- Executive Judges of Regional Trial Courts can issue search warrants for certain cases to be executed within their judicial regions. (Section 2)
- Court shall issue search warrant with order to use at least one body-worn camera and one alternative recording device, or a minimum of two devices. (Section 3)
- Officers must notify lawful occupants that the search is being recorded. (Section 4)
- At least one body-worn camera and one alternative recording device must be worn by searching officers. (Section 5)
- Recordings and affidavits must be submitted to the court, detailing the search and recording process. (Section 6)
- Failure to use cameras without reasonable grounds renders evidence inadmissible, and officers may be held in contempt of court. (Section 7)
- Motion to suppress evidence may be filed if search was conducted without cameras and without reasonable grounds. (Section 8)

Common Provisions:
- Recordings must be downloaded within 24 hours by the data custodian, preserving metadata. (Section 1)
- Chain of custody over recordings must be preserved from improper access, review, and tampering. (Section 2)
- Access to recordings is limited to certain persons before submission to court. (Section 3)
- Personal identifiers in recordings may be redacted in special circumstances. (Section 4)
- Recordings by persons witnessing the arrest or search may be admitted as evidence. (Section 5)
- Consent to use recordings in court proceedings must be obtained in the presence of counsel. (Section 6)
- Persons subject to recordings are entitled to obtain copies within 5 days if they consent to its use in court. (Section 7)
- Recordings are suppletory to testimonies and not substitutes for witnesses. (Section 8)
- Recordings must be introduced as evidence following the Rules on Electronic Evidence. (Section 9)
- Circumstances where cameras may be turned off are listed. (Section 10)

Final Provisions:
- Rules apply to pending applications and unexecuted warrants. (Section 1)
- Repeals a previous provision on issuance of search warrants by certain courts. (Section 2)
- Rules take effect after publication in the Official Gazette or newspapers. (Section 3)