Olympia police planning use of body cams based on new laws

 The Olympia Police Department described several new laws which provide policy guidelines for law enforcement officers, including mandatory use of body cams during custodial investigations.

During the regular Olympia Ad Hoc Public Safety Committee meeting, on June 10, Annaliese Harksen, deputy attorney for Olympia’s Legal Department, shared several resolutions which will change the OPD’s policy process.

HB 1223 Mandatory use of body cams

Under HB 1223, the law requires officers to use body cameras during custodial investigations. Generally, a custodial investigation happens when a police officer questions a person whom they believed had committed a crime, and their response might elicit an incriminating statement.

The law provides that officers are required to have an audio or video recording whenever they conduct interviews with juveniles or individuals who they believed had committed a felony crime.

The questioning may take place inside a police station, in someone’s home, or even in the street. It also covers the interrogation process, and even to the point where the officer is informing the accused of their Miranda rights.

Harksen explained that these recordings are mandatory, unless the person being interviewed indicated that they do not want to record the conversation.

In addition, the police department is also required to keep individual body cam recordings for 60 days, a decision that Harksen believed would require an extensive budget since the OPD needs to have adequate body cameras and data storage. When asked how it would change law enforcement policies, Harksen stated that the “current policies and protocols will be amended to accommodate the use of body cameras.”

As of now, they have yet to determine where the funding for the body cameras will come from. The law is set to become effective by July 25, 2021.

HB 1054: Police tactics and equipment

The guidelines also fall in line with HB 1054, which provides a specific standard for the equipment to be used. Under the law, it prohibits officers from carrying military weapons such as grenades. Interestingly, the new legislation also gives the mayor a discretion to permit the use of tear gas during riots, a move that Olympia Mayor Cheryl Selby seems to oppose.

Moreover, HB 1054 also prohibits vehicular pursuits and firing into a moving vehicle. This expands the prohibition since currently the City of Olympia only disallows vehicular pursuits in minor incidents including traffic violations, non-violent felony crimes, and misdemeanor crimes.

HB 1310 Use of force

One of the new laws on policing includes HB 1310 which deals with the permissible use of force by law enforcement officers. The resolution provides specific standards for officers to follow when responding to a conflict, such as that the force should not be disproportionate to public interest.  In addition, the law also prohibits no-knock warrants issued by the court or police officers.

SB 5038 Limiting open carry at permitted demonstrations

 Finally, SB 5038 prohibits members of the public from carrying certain weapons such as firearms, explosives, sharp objects, or any weapons which can cause bodily harm in public places such as state capitol campus grounds, courtrooms, in jails, hospitals and during permitted demonstrations.

These new laws are a result of the public outcry following numerous reports of alleged violations by law enforcement officers, particularly following the May 25, 2020 murder by police of George Floyd in Minneapolis, Minn.

To ensure that the officers act in good faith, Olympia is partnering with the cities of Tumwater and Lacey to establish an independent investigating team that will look into reports of use of force.