Evidence Recordings
Evidence Recordings
By Jim Goding
Recordings of gaming violations or criminal activity must be released immediately to law-enforcement agencies in order to properly prosecute the case.
Such releases are done, after notification of the Director, directly to the law enforcement agent by the surveillance investigator who made the observation or the supervisor on duty.
In many casinos, it is the job of Security to properly secure and document physical evidence. It is part of their job as liaison to law enforcement. If this is the case, the transfer from Surveillance to Security must be properly documented so there are no gaps in the chain of custody of the evidence.
Original recordings are never released without the permission of the Director, or at least of a Supervisor with notification to the Director. If the Director cannot be reached, the Director’s immediate senior in the chain of command is notified. All transfers of evidence recordings are documented in an Evidence Release log. This includes a signed receipt from the law enforcement agent who takes custody of the recording.
Prior to the release of any recording, a complete copy of the incident must be dubbed for Surveillance records. A second dub should be made for Security. A third dub may be made at the request of Gaming Control or other law enforcement agents. Each copy must be documented.
The recording kept by Surveillance is used for review if the case should go to court, in order to refresh the memory of the Investigator who will testify. It is often a year or more before a case actually makes it to court. A copy of the original report, including copies of the release receipt, witness statements by the investigator and any other witnesses, should be filed with the copy, to serve as the witness’s “notes” which he may carry with him into court.
Any tape which is to be turned over to Security as evidence, for release to law enforcement, or as possible evidence in a civil suit, should have its recording tab broken out to prevent accidental erasure.
Copies of digital recordings must be made using the original software, and the recording is copied in its original format which includes encryption (known as a “watermark”) which also prevents alteration of the recording. A “play-only” copy of the software is also included on the disc which is turned over to law enforcement, Security, or executives. This “play-only” copy prevents copying and also shows in court that the original recording has not been altered: This version of the software cannot manipulate the recording, only show it, and it is required for the encrypted recording to be played.
It is the Surveillance Investigator’s responsibility to ensure that his or her relief and the Supervisors are fully briefed on any incident involving gaming violations or criminal activity. This includes all pertinent tapes (or copies of the pertinent recordings) being available for the relieving investigator, supervisor or the Director’s review, together with hard copies of any reports.
Exceptions to the above policy may arise. In the event the Investigator feels, for any reason, a particular recording should not be released, the Director of Surveillance is to be advised immediately, before outside law enforcement agents are aware of the incident. This is one reason that the Director is notified of criminal activity prior to any law enforcement agents or anyone else being told about the incident.
Recordings which are released to Security for evidence may include footage of theft, embezzlement, cheating or other illegal activity. If employee discipline (such as suspension or termination) or any arrest is to occur, the recording should be secured. The Director will decide from there, based on written reports and the actual recordings of the incident.
No original tapes are to be released without the approval, at least by telephone, of the Surveillance Director. No copies of tapes are to be released except to authorized personnel, and never without Supervisor or Director approval and a written record of transfer.
