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6.D. - Page 32 of 179 Belmont Police Department Policy Manual Portable AudioNideo Recorders Members shall cease audio recording whenever necessary to ensure conversations are not recorded between a person in custody and the person's attorney, religious advisor or physician, unless there is explicit consent from all parties to the conversation (Penal Code § 636). 450.5.2 EXPLOSIVE DEVICE Many portable recorders, including body -worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present. 460.6 PROHIBITED USE OF PORTABLE RECORDERS Members are prohibited from using department -issued portable recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on - duty or while acting in their official capacity. Members are also prohibited from retaining recordings of activities or information obtained while on -duty, whether the recording was created with department -issued or personally owned recorders. Members shall not duplicate or distribute such recordings, except for authorized legitimate department business purposes. Members are prohibited from using personally owned recording devices while on -duty without the express consent of the Watch Commander. Any member who uses a personally owned recorder for department -related activities shall comply with the provisions of this policy, including retention and release requirements. Recordings shall not be used by any member for the purpose of embarrassment, intimidation or ridicule_ 450.7 RETENTION OF RECORDINGS Any time a member records any portion of a contact that the member reasonably believes constitutes evidence in a criminal case, the member shall record the related case number and transfer the file in accordance with current procedure for storing digital files and document the existence of the recording in the related case report. Transfers should occur at the end of the member's shift, or any time the storage capacity is nearing its limit. Any time a member reasonably believes a recorded contact may be beneficial in a non -criminal matter (e. g., a hostile contact), the member should promptly notify a supervisor of the existence of the recording_ 450.7.1 RETENTION REQUIREMENTS All recordings shall be retained for a period consistent with the requirements of the organization's records retention schedule. Portable AudioMdeo Recorders - 3 Adoption Date: 2015112/01 OD 1995-2015 Lexipd, LLC 2015-2016 San Mateo County Civil Grand Jury 28 71