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6.D. - Page 35 of 179 <br />Foster City Police Department <br />Policy Manual <br />Use of RudiolVideo Recorders <br />460.5.1 SURREPTITIOUS USE OF THE AUDIO RECORDER <br />Members of the department may surreptitiously record any conversation during the course <br />of a criminal investigation in which the officer reasonably believes that such a recording will <br />be beneficial to the investigation {Penal Code § 633}. <br />Members shall not surreptitiously record another department member without a court order <br />or unless lawfully authorized by the Chief of Police or the authorized designee. <br />450.6 PROHIBITED USE OF PORTABLE RECORDERS <br />Members are prohibited from using department -issued portable recorders and recording <br />media for personal use and are prohibited from making personal copies of recordings <br />created while on -duty or while acting in their official capacity. <br />Members are also prohibited from retaining recordings of activities or information obtained <br />while on -duty, whether the recording was created with department -issued or personally <br />owned recorders. Members shall not duplicate or distribute such recordings, except for <br />authorized legitimate department business purposes. All such recordings shall be retained <br />at the Department. <br />Members are prohibited from using personally owned recording devices while on -duty <br />without the express consent of the Watch Commander. Any memberwho uses a personally <br />owned recorder for department -related activities shall comply with the provisions of this <br />policy, including retention and release requirements. <br />Recordings shall not be used by any memberforthe purpose of embarrassment or ridicule. <br />Any memberwho may have questions regarding the application of this policy is encouraged <br />to seek clarification from supervisory personnel. <br />450.7 RETENTION OF RECORDINGS <br />Any time a member records any portion of a contact that the member reasonably believes <br />constitutes evidence in a criminal case, the member shall record the related case number <br />and download the file in accordance with the Computers and Digital Evidence Policy and <br />document the existence of the recording in the related case report. <br />Any time a member reasonably believes a recorded contact may be beneficial in a <br />non -criminal matter (e.g., a hostile contact), the member should promptly notify a <br />supervisor of the existence of the recording. <br />Members should upload the file, In accordance with current procedure for storing digital <br />files, at the end of their shift and any time the storage capacity is nearing its limit. <br />460.7.1 RETENTION REQUIREMENTS <br />All downloaded recordings shall be retained for a period consistent with the requirements <br />of the organization's records retention schedule but in no event for a period less than 180 <br />days. <br />450.8 RELEASE OF RECORDINGS <br />Recordings made using portable recording devices pursuant to this policy are department <br />records and may only be released as provided in the Release of Records and Information <br />Policy or for other authorized legitimate department business purposes. <br />Use of Audfollldeo Recorders - 279 <br />Adopted: 2014102/28 ® 19052014 Lexipol, LLC <br />2015-2016 San Mateo County Civil Grand Jury 31 <br />74 <br />