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

Browse Search

6.D. - Page 41 of 179 Menlo Park Police Department Policy Manual Use of AudiolVideo Recorders Members will have discretion to keep recording devices off during conversations with crime witnesses and members of the community who wish to report or discuss criminal activity. When determining whether to record interviews with witnesses and members of the communitywho wish to share information, members should always consider both the evidentiary value of the recording and the subject's comfortwith speaking on camera. To better capture evidence, it is recommended that members record statements made by witnesses and people sharing information. However, ii a person will not talk unless the recording device is turned off, members may decide that obtaining information is more impartant than recording. At no time is a member expected to place his/her safety in jeopardy in order to activate a recorder or change the recording media. However, the recorder should be activated in all situations as soon as practical. 450.5.1 SURREPTITIOUS USE OF THE AUDIO/VIDEO RECORDER Members of the Department may surreptitiously record any conversation during the course of a criminal investigation in which the officer reasonably believes that such a recording will be beneficial to the investigation (Penal Code § 633). Members shall not surreptitiously record another department member without a court order or unless lawfully authorized by the Chief of Police or the authorized designee. 450.5.2 SURREPTITIOUS USE OF AUDIONIDEO RECORDER DURING INVESTIGATIONS OF PERSONNEL COMPLAINTS Members are prohibited from surreptitiously recording any conversation in which a person is making a personnel complaint or allegation of such. In these situations, the member taking the complaint shall advise the complaintant that the conversation is being recorded. If the complaintant refuses to be recorded, the member shall discontinue recording, and will indicate this fact in the documentation created regarding the complaint or allegation. It is recommended that a witness member be utilized in cases which a complaintant refuses to be recorded. 450.5.3 CESSATION OF RECORDING Once activated, the portable audio/video recorder should remain on continuously until the member's direct participation in the incident is complete. Recordings may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident, or when speaking to other members outside the presence of involved parties to the incident. Officers shall reactivate the recording device upon reinitiating contact or a new contact with any citizen. _��:T•7:11-7��■1�F--1�•7�1•7:i�e1=IR�:�x•I■7:f■7�:�. 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 Use of AudioNideo Recorders - 2 Adopted: 2015/05/20 0 1 995-201 5 Lempol, LLC 2015-2016 San Mateo County Civil Grand Jury 37