The Supreme Court issued Administrative Matter No. 21-06-08-SC (Rules on the Use of Body-Worn Cameras in the Execution of Warrants). Law enforcement officers are now required to use body-worn cameras when implementing search warrants and arrest warrants.
In the issuance of a warrant, upon finding for probable cause, the trial court shall issue an arrest warrant with an order requiring the use of at least one body-worn camera and one alternative recording device, or a minimum of two devices, or such number as may be necessary to capture and record the relevant incidents during its execution.
In the notification to a person to be arrested, when making an arrest by virtue of a warrant, the officers wearing the body-worn cameras or alternative recording devices shall, as early as practicable, notify the person to be arrested and the other subjects of the recording that the execution of the warrant of arrest is being recorded.
In case of malfunction, damage, or unavailability of body-worn cameras, resort to alternative recording devices may be allowed. Reasons for resorting to such alternative devices shall be explained in the affidavit to be submitted to the court.
A law enforcer officer who fails, without reasonable grounds, to use body-worn cameras or alternative recording devices, or intentionally interferes with the body-worn camera’s ability to accurately capture audio and video recordings of the arrest, or otherwise manipulates such recording during or after the arrest may be liable for the contempt of court, except when the body-worn cameras were not activated due to their malfunction and the law enforcement officer were not aware of the malfunction.
In the issuance of a search warrant, it is the same as the issuance of an arrest warrant where you have to notify the person to be arrested or to be searched that the officer is recording what is happening with a minimum of two devices, a body-worn camera, and an alternative recording device.
For evidentiary purposes, the recordings captured are suppletory to the testimonies of the person’s subject of the recording or the law enforcement officer. The recordings shall not be deemed as substitutes for the presentation of the witnesses.
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