U.S. News & World Report recently reported that U.S. Customs and Border Protection (CBP) has rolled out a new program to test the use of body cameras by CBP employees at nine separate locations. The prospect of utilizing body cameras at the border is not a new one, in 2015 CBP conducted a year-long study regarding their use only to determine that the technology was not cost-effective and did not stand up to the harsh conditions where the cameras are deployed.

Since that time, however, body camera technology has improved substantially, making body camera units for CBP officers both economically feasible and resistant to the weather extremes present in the field at our many ports and land border crossings.

Proponents argue that the use of body cameras by law enforcement personnel results in a net positive for society: it holds officers, as well as members of the public, accountable when an interaction occurs; it can provide greater substance to the evidentiary record compiled in the course of an arrest; it can increase trust in law enforcement while reducing the potential for abuse of power and authority. All of these benefits, however, must be shepherded in by clear policies guiding the proper use of the body camera. Policies dictating when the cameras must be turned on and remain active, and who has access to the footage will be critical.

CBP acknowledges that these practical policy and privacy questions still need to be addressed, as well as cost of use, maintaining and replacing equipment, storage of data, and proper training, prior to the widespread deployment of this technology at our borders. For now, CBP will test the updated technology at nine separate locations, ending the trial period in October 2018.

Green and Spiegel will continue to monitor policy changes regarding the use of body cameras by CBP to ensure your rights are protected and provide updates regarding the same.

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