Agenda 03-21-2017 - 8-b - 2016 Amendment to County Sheriff’s Office - Records Retention and Disposition Schedule

Browse Search

12 4 Sheriff Blackwood said he would like the BOCC to commit to him that his department will not have to give up the car cameras, that each officer receives a body camera, and that he will not get crucified if he does not release a video, per the legislation. Commissioner Dorosin said these requests seem eminently reasonable to him. Commissioner Burroughs said she felt that costs should not be a barrier to purchasing and implementing body cameras. She is in favor of moving forward. Commissioner Rich said as the issue moves forward, she asked Sheriff Blackwood to continue to share his concerns if any come up. She said there must be mutual trust. Commissioner Jacobs said he supported the conversation thus far, and he suggested the Sheriff come back with a more concrete cost proposal. Sheriff Blackwood said he has reached out to other sheriffs and has been in touch with vendors. Commissioner Jacobs said with the issue of releasing videos, they should come up with a policy together on this topic, if the law remains the same. He said the Board may want the Sheriff to request a Judge's permission to release a video. He said the Sheriff has more knowledge than any attorney about law enforcement. Commissioner Price said it is important that all understand she is coming from a different perspective. She said she has been stopped for walking twice in Orange County, and once in Charlotte. She said something needs to be done, and the body cameras will help. She is supportive of the usage of these sooner rather than later. Chair McKee asked if Sheriff Blackwood would work with management about pricing, and get figures back to the BOCC to make a decision with him, not for him. Commissioner Dorosin said the hour is late. 3. Written Consent to Search Requirement for Law Enforcement BACKGROUND: At the September 6, 2016 Board of Commissioners' ("BOCC") meeting, Commissioner Mark Dorosin submitted a petition that the topic of written consent to search be discussed at an upcoming BOCC work session. Some law enforcement agencies in North Carolina, including the Durham, Greensboro, and Fayetteville Police Departments have adopted policies requiring police to obtain written consent to search. Both federal and State law, however, allow consent to be provided in writing, orally, or by other means, as long as the expression of consent communicates its meaning clearly. Proponents of requiring use of written consent to search forms assert that this measure is necessary given statistics that seem to indicate that minorities are disproportionately more likely to be stopped and searched than white drivers. Meanwhile, concern has been voiced from law enforcement that such a requirement would negatively affect their ability to engage in efforts to combat crime and ensure public safety. Commissioner Dorosin said this is an important tool they should adopt. He said this goes a long way to building trust and a tool in the service of law enforcement. He urged the Sheriff's Department to adopt this and his peers to support it. Sheriff Blackwood said written consent to search was used in the 1980s, but it went away because attorneys started instructing law enforcement that written or verbal consent can be used to search, as long as the consent was clear. He talked to retired law enforcement, who said they would feel less safe if this was implemented. He said he would not adopt the policy, but when feasible, he would require his deputies to use the written consent form. He said if this practice is abused, there will be camera records to show it. He said if there are complaints to searches, he would address them.