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6.D. - Page 26 of 179 <br />Atherton Police Department <br />Policy Manual <br />Portable AudiolVideo Recorders <br />450.5.4 PRIVATE RESIDENCES <br />(a) Private Citizens have a reasonable expectation of privacy in their homes. However, when <br />officers are lawfully present in a home (warrant, consent, or exigent circumstances) in the <br />course of official duties, there is no reasonable expectation of privacy. <br />450.5.5 SEARCHES <br />(a) During the execution of a search warrant, an arrest warrant, a Fourth Amendment waiver <br />search, or a consent search in which the officer is looking for evidence or contraband. <br />450.5.6 SPECIAL EVENTS <br />(a) Officer's use of BWCs at special events is at the discretion of the Lieutenant. <br />450.5.7 VICTIM AND WITNESS INTERVIEWS <br />(a) Victim and witness interviews will generally be recorded. <br />(b) Domestic violence victims often recant their statements as early as the following morning <br />after a crime. Victims may also make their children unavailable for investigators or court <br />to avoid their providing statements. For these reasons, domestic violence victims should <br />be recorded if the victim is willing. Officers should also record the statements of children <br />of domestic violence victims who are witnesses in these types of cases if the children are <br />willing. <br />(c) BWCs should be used during Sex Crimes or Child Abuse investigations to include <br />statements of victims, witnesses, and interactions with parents of victims. <br />454.5.8 DEMONSTRATIONS <br />(a) As a general policy, Department personnel should video record or photograph peaceful <br />demonstrations. <br />(b) When there is reason to believe that a planned event has the potential for unlawful <br />activity, Commanding Officers should make the determination whether visual recording or <br />photographing is appropriate. <br />(c) During demonstrations, if officers witness crimes occurring among the demonstrators arndl <br />or believe an arrest is likely, they should begin recording. <br />450.6 WHEN AND WHERE NOT TO RECORD <br />(a) BWCs shall not be used to record non -work related activity. <br />(b) BWCs shall not be used to record in areas or activities such as pre -shift conferences, <br />Department locker rooms, break rooms, or other activities not related to a criminal <br />investigation. <br />(c) BWCs shall not intentionally be activated in places where persons have a reasonable <br />expectation of privacy, such as locker rooms, dressing rooms, or restrooms. <br />(d) BWCs shall not be used during Department administrative investigations. <br />Porta bie Audia1Videc Reoorders - 485 <br />Printed nate: 2015!05116 ***DRAFT*** <br />0 1995-2015 Lexipol, LLC <br />2015-2016 San Mateo County Civil Grand Jury 22 <br />;-v <br />