Policy Text
Policy
436Fremont Police Department
Portable Audio/Video Recorders
436.1 PURPOSE AND SCOPE
This policy provides guidelines for the use of portable audio/video recording devices by members
of this department while in the performance of their duties. Portable audio/video recording devices
include all recording systems whether body-worn, hand held or integrated into portable equipment.
This policy does not apply to mobile audio/video recordings, interviews or interrogations conducted
at any Fremont Police Department facility, authorized undercover operations, wiretaps or
eavesdropping (concealed listening devices).
436.2 POLICY
The Fremont Police Department may provide members with access to portable recorders, either
audio or video or both, for use during the performance of their duties. The use of recorders is
intended to enhance the mission of the Department by accurately capturing contacts between
members of the Department and the public.
436.3 MEMBER PRIVACY EXPECTATION
All recordings made by members on any department-issued device at any time, and any recording
made while acting in an official capacity for this department, regardless of ownership of the device
it was made on, shall remain the property of the Department. Members shall have no expectation
of privacy or ownership interest in the content of these recordings.
436.4 MEMBER RESPONSIBILITIES
Prior to going into service, each uniformed member will be responsible for making sure that he/
she is equipped with a portable recorder issued by the Department, and that the recorder is in
good working order. If the recorder is not in working order or the member becomes aware of a
malfunction at any time, the member shall promptly report the failure to his/her supervisor and
obtain a functioning device as soon as reasonably practicable. Uniformed members should wear
the recorder in a conspicuous manner or otherwise notify persons that they are being recorded,
whenever reasonably practicable.
Any member assigned to a non-uniformed position may carry an approved portable recorder at any
time the member believes that such a device may be useful. Unless conducting a lawful recording
in an authorized undercover capacity, non-uniformed members should wear the recorder in a
conspicuous manner when in use or otherwise notify persons that they are being recorded,
whenever reasonably practicable.
When using a portable recorder, the assigned member shall record his/her name, FPD
identification number and the current date and time at the beginning and the end of the shift or
other period of use, regardless of whether any activity was recorded. This procedure is not required
when the recording device and related software captures the user’s unique identification and the
date and time of each recording.
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Members should document the existence of a recording in any report or other official record of the
contact, including any instance where the recorder malfunctioned or the member deactivated the
recording. Members should include the reason for deactivation.
436.4.1 SUPERVISOR RESPONSIBILITIES
Supervisors should take custody of a portable audio/video recording device as soon as practicable
when the device may have captured an incident involving the use of force, an officer-involved
shooting or death or other serious incident, and ensure the data is downloaded (Penal Code §
832.18).
436.5 ACTIVATION OF THE PORTABLE RECORDER
This policy is not intended to describe every possible situation in which the portable recorder
should be used, although there are many situations where its use is appropriate. Members should
activate the recorder any time the member believes it would be appropriate or valuable to record
an incident.
The portable recorder should be activated in any of the following situations:
(a)All enforcement and investigative contacts including stops and field interview (FI)
situations
(b)Traffic stops including, but not limited to, traffic violations, stranded motorist assistance
and all crime interdiction stops
(c)Self-initiated activity in which a member would normally notify Communications Unit
(d)Any other contact that becomes adversarial after the initial contact in a situation that
would not otherwise require recording
Members should remain sensitive to the dignity of all individuals being recorded and exercise
sound discretion to respect privacy by discontinuing recording whenever it reasonably appears to
the member that such privacy may outweigh any legitimate law enforcement interest in recording.
Requests by members of the public to stop recording should be considered using this same
criterion. Recording should resume when privacy is no longer at issue unless the circumstances
no longer fit the criteria for recording.
At no time is a member expected to jeopardize his/her safety in order to activate a portable recorder
or change the recording media. However, the recorder should be activated in situations described
above as soon as reasonably practicable.
436.5.1 SURREPTITIOUS USE OF THE PORTABLE RECORDER
Members of the Department may surreptitiously record any conversation during the course of a
criminal investigation in which the member reasonably believes that such a recording will be lawful
and beneficial to the investigation (Penal Code § 633).
Members shall not surreptitiously record another department member without a court order unless
lawfully authorized by the Chief of Police or the authorized designee.
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436.5.2 CESSATION OF RECORDING
Once activated, the portable recorder should remain on continuously until the member reasonably
believes that his/her