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6.D. - Page 28 of 179 Atherton Police Department Policy Manual Portable Audio/Video Recorders [c] Digital evidence captured by the BWC is not all inclusive. The system captures a less broad and less detailed image than the totality of the human senses. An officer's recollection of specific details may be different than what is captured in digital evidence. Officers should review digital evidence prior to completing reports when necessary to ensure accuracy. Officers should review digital evidence prior to providing testimony at hearings, trial, or depositions. (d) It is NOT the intent of the Department to review digital evidence for the purpose of general performance review, for routine preparation of performance reports, or to discover policy violations. (e) Digital evidence may be viewed for administrative purposes limited to the following: • Any incident in which a member of the Department is injured or killed during the performance of their duties. • Any incident involving the use of force by a member of the Department, including canines, which results in injury or death. • Any in -custody death. • Any police pursuit. • When any member of the Department intentionally or unintentionally discharges a firearm at a person regardless whether an individual is struck. • When any member of the Department not involved in training intentionally or unintentionally discharges a Conductive Energy Weapon at a person, including the application of a drive stun. • Officer involved traffic collisions. • Prior to the release of recordings in response to a proper legal request (e.g., in response to a subpoena or other court order). • In preparation for a civil deposition or responding to an interrogatory where the incident arises from the employee's official duties. • When preparing to testify in a criminal, civil, or administrative proceeding arising from the employee's official duties. • For investigations undertaken by the Department, for the purpose of proving or disproving specific allegations of misconduct. • For administrative proceedings, when digital evidence is used by the Department for the purpose of proving or disproving allegations of misconduct, only digital evidence relevant to the investigative scope should be viewed and retained by investigators. Information relevant to the recordings viewed and seized as evidence by investigators should be documented as part of the chronological summary of any investigation undertaken by the Department. 456.12.1 LIEUTENANT APPROVAL In situations where there is a need to review digital evidence not covered by this procedure, the Lieutenant must approve the request. Each situation will be evaluated on a case by case basis. Portable Audiolllideo Rerorders - 487 Printed Date: 20151051i6 ***DRAFT'** 0 1895-2095 Lcxipol, LLC 2015-2016 San Mateo County Civil Grand Jury 24 M