Policy Text
Policy Delano Police Department
426 Delano PD Policy Manual
Public Recording of Law Enforcement Activity
426.1 PURPOSE AND SCOPE
This policy provides guidelines for handling situations in which members of the public photograph
or audio/video record law enforcement actions and other public activities that involve members
of this department. In addition, this policy provides guidelines for situations where the recordings
may be evidence.
426.2 POLICY
The Delano Police Department recognizes the right of persons to lawfully record members of this
department who are performing their official duties. Members of this department will not prohibit or
intentionally interfere with such lawful recordings. Any recordings that are deemed to be evidence
of a crime or relevant to an investigation will only be collected or seized lawfully.
Officers should exercise restraint and should not resort to highly discretionary arrests for offenses
such as interference, failure to comply or disorderly conduct as a means of preventing someone
from exercising the right to record members performing their official duties.
426.3 RECORDING LAW ENFORCEMENT ACTIVITY
Members of the public who wish to record law enforcement activities are limited only in certain
aspects.
(a) Recordings may be made from any public place or any private property where the
individual has the legal right to be present (Penal Code § 69; Penal Code § 148).
(b) Beyond the act of photographing or recording, individuals may not interfere with the
law enforcement activity. Examples of interference include, but are not limited to:
1. Tampering with a witness or suspect.
2. Inciting others to violate the law.
3. Being so close to the activity as to present a clear safety hazard to the officers.
4. Being so close to the activity as to interfere with an officer’s effective
communication with a suspect or witness.
(c) The individual may not present an undue safety risk to the officers, him/herself or
others.
426.4 OFFICER RESPONSE
Officers should promptly request that a supervisor respond to the scene whenever it appears
that anyone recording activities may be interfering with an investigation or it is believed that the
recording may be evidence. If practicable, officers should wait for the supervisor to arrive before
taking enforcement action or seizing any cameras or recording media.
Whenever practicable, officers or supervisors should give clear and concise warnings to
individuals who are conducting themselves in a manner that would cause their recording or
Public Recording of Law Enforcement Activity
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Published with permission by Delano Police Department - 1