AgdaPkt 2020-11-23 Joint SA PFA - Laserfiche WebLink

Browse Search

6.D. - Page 31 of 179 Belmont Police Department Policy Manual Portable AudioNideo Recorders Members shall download their portable recorders at the end of the period of use, or sooner if necessary. The members will make two copies of all recordings related to cases being sent to the District Attorney's office for prosecution. One copy will be booked into evidence and the other forwarded along with the report to the District Attorney's office. Members shall document the existence of a recording in any report or other official record of the contact, including any instance where the recorder was not activated, malfunctioned or the member deactivated the recording. Members shall include the reason for deactivation. 450.4.1 SUPERVISOR RESPONSIBILITIES Supervisors should take custody of a portable audio/Video recording as soon as practical when the device may have captured an incident involving an officer -involved shooting or death or other serious incident, and ensure the data is downloaded (Penal Code § 832.18). 450.5 ACTIVATION OF THE PORTABLE RECORDER This policy is not intended to describe every possible situation in which the portable recorder should be used, although there are many situations where its use is appropriate. Members should activate the recorder any time the member is contacting a citizen in an official capacity. Members should remain sensitive to the dignity of all individuals being recorded and exercise sound discretion to respect privacy by discontinuing recording whenever it reasonably appears to the member that such privacy may outweigh any legitimate law enforcement interest in recording. Requests by members of the public to stop recording should be considered using this same criterion. Recording should resume when privacy is no longer at issue unless the circumstances no longer fit the criteria for recording. At no time is a member expected to jeopardize his/her safety in order to activate a portable recorder. However, the recorder should be activated in situations described above as soon as practicable. 450.5.1 SURREPTITIOUS USE OF THE PORTABLE RECORDER Members of the Department may surreptitiously record any conversation during the course of a criminal investigation in which the member reasonably believes that such a recording will be lawful and beneficial to the investigation (Penal Code § 533). Members shall not surreptitiously record another department member without a court order unless lawfully authorized by the Chief of Police or the authorized designee. 450.5.2 CESSATION OF RECORDING Once activated, the portable recorder should remain on continuously until the member's direct participation in the incident is complete or the situation no longer fits the criteria for activation. Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident - Portable AudioMdeo Recorders - 2 Adoption Date: 201 511 2/01 ©1995-2015 Lebpcl, LLC 2015-2016 San Mateo County Civil Grand Jury 27 70