Policy Text
Policy
212Fremont Police Department
Surreptitious Recordings of Police Employees
212.1 PURPOSE AND SCOPE
Open and effective communications are of paramount importance in enabling the Fremont Police
Department to attain its organizational goals and fulfill its basic mission. Oral communications are
effective only when parties feel the freedom to openly discuss an issue. Surreptitious recording
between police employees at any level of the organization has a dampening effect on such
communication. It shall be the policy of the Fremont Police Department that no surreptitous
recordings of police department employees is allowed at any time.
Surreptitious recording in non-criminal situations is unlawful and constitutes a criminal act under
Penal Code § 632. This policy does not prohibit the recording of conversations that are legally
authorized, such as those allowed under Government Code § 3300 et. seq. (Public Safety Officers
Procedural Bill of Rights Act), or the use of recordings in criminal investigations.
212.1.1 PROCEDURES
When recording information all employees shall follow the procedures outlined below.
(a)Recordings authorized by Public Safety Officers Procedural Bill of Rights Act
1.Recordings allowed pursuant to Government Code § 3303(g) shall be done with
the full knowledge of all parties to the conversation.
2.Each person shall acknowledge on the tape or digital recording that they know
the conversation is being recorded.
3.All parties to the conversation shall be entitled to a copy of the recording within a
reasonable time after the conversation. Parties may request a typed transcription
of the tape or digital recording.
(b)Recordings of suspect statements in criminal actions
1.All recordings of suspect statements in criminal actions must be preserved in
evidence following established evidence procedures.
2.Recordings of an officer's investigation efforts may be retained at the officer's
discretion.
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Published with permission by Fremont Police DepartmentSurreptitious Recordings of Police Employees
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