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6.D. - Page 46 of 179 <br />There was discussion about when an officer can choose to turn off a recorder at the request of <br />an individual who may wish to not be recorded and/or will refuse to speak with an officer if the <br />recorder is not turned off. <br />Even though a person speaking with a police officer may not have an expectation of privacy, in <br />some instances such a person may express concerns for their personal welfare or safety if they <br />provide information to the police. The use of a body camera may heighten that concern and lead <br />someone to "clam up." We hope that such circumstances would be uncommon, and that officers <br />should be provided with the discretion to turn off the recorder 6, in their judgmerit, valuable <br />information might otherwise not be forthcoming. <br />As a best practice, we recommend that the police officer record the request by the person being <br />interviewed to "turn off the camera" to preclude any question as to why the device was turned <br />Off. <br />3. What recordings should be retained? <br />When recordings are uploaded to the IVIPPD servers, video segments [portions between the <br />activation of start recording and the activation of stop recording on the device] can be "flagged" <br />by officers. Ordinary conversations between officers with citizens they encounter during the <br />course of the day about the weather or sports should not be flagged. Care must be exercised to <br />not allow the flagging of every encounter out of an abundance of caution about possible but <br />improbable actions. <br />Police officers must, of course, flag anything that might be of evidentiary value. They must also <br />use their own judgment; subject to review by their supervisor, of any interactions which may <br />lead to a citizen complaint. <br />3of6 <br />2015-2016 San Mateo County Civil Grand Jury 42 <br />85 <br />