Police Department Policy

FremontPD_614_Unmanned_Aerial_System__UAS__Operati_3208979

Fremont PD

Policy Text
Policy 614Fremont Police Department Unmanned Aerial System (UAS) Operations 614.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines and protocol for the deployment and use of the Unmanned Aerial System (UAS) including the retention and/or destruction of media obtained using the UAS in accordance with applicable Federal law, State law, and City of Fremont regulations. 614.1.1 DEFINITIONS (a)Certificate of Authorization (COA): Given by the Federal Aviation Administration (FAA) granting permission to fly the UAS within specific boundaries and perimeters. (b)Observer: A member of the Fremont Police Department or Fremont Fire Department who is trained and authorized to maintain visual observation of the UAS while in flight. (c)Operator: A member of the Fremont Police Department or Fremont Fire Department who is trained, certified and authorized to control a UAS during flight. (d)Unmanned Aircraft System (UAS): Consists of the small, unmanned aircraft weighing less than 55 lbs., the command system, a secure control link and other safety and support systems for operation of the UAS. 614.2 POLICY Unmanned aerial systems may be utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. 614.3 PRIVACY The use of the UAS potentially involves privacy considerations. Personnel will consider the protection of individual civil rights and the reasonable expectation of privacy as a key component of any decision made to deploy the UAS. Operators will take reasonable precautions to avoid inadvertently recording or transmitting images that infringe upon an individual’s right to privacy. 614.4 USE OF UAS Only authorized operators who have completed the required training shall be permitted to deploy a UAS in the following circumstances. The operator should announce the deployment of a UAS via the radio for supervisor awareness. A supervisor may prohibit the deploying or use of a UAS. (a)Public safety and life preservation missions including, barricaded suspects, hostage situations, active shooters, apprehension of armed and dangerous fleeing suspects, and high-risk search warrants; (b)Mass casualty events; (c)Lost or missing persons; Copyright Lexipol, LLC 2023/10/02, All Rights Reserved. Published with permission by Fremont Police DepartmentUnmanned Aerial System (UAS) Operations - 1 Fremont Police Department Unmanned Aerial System (UAS) Operations (d)Rescue events; (e)Disaster response and recovery; (f)Suspected explosive devices; (g)Fire suppression or investigation; (h)Hazardous material releases; (i)Post-incident crime scene preservation and documentation; (j)Pursuant to a search warrant; (k)Special Events; (l)When there is probable cause to believe that the UAS will record images of a place, thing, condition, or event, and that those images tend to show a felony has been committed, or tends to show that a particular person has committed a felony. (m)Anytime a UAS would enhance public safety, improve operational safety, incident stabilization or incident mitigation as determined by the authorizing person; (n)Anti-UAV operations when a person is operating a UAV in a manner which impedes emergency personnel who, in the course of their duties, are coping with an emergency (refer to Penal Code § 402(a)1); (o)Training missions; (p)In support of the Fremont Fire Department when the underlying mission meets the uses outlined in this policy; and (q)Mutual Aid support when the underlying mission meets the uses outlined in this policy. 614.4.1 CALLOUT PROCEDURE (a)The Watch Commander shall make a request via dispatch for qualified UAS team members to respond and deploy the UAS. (a)Dispatch will call the UAS Team Supervisor who will coordinate the callout details with team members. (b)If the UAS Team Supervisor is unavailable, or if specified by the Watch Commander, Dispatch will request assistance from Fremont Fire Department via ACRECC. (b)The UAS team members will handle all UAS operations, notifications and all necessary pre-flight guidelines as specified in the UAS Operations Guidelines. 614.5 PROHIBITED USE The UAS video surveillance equipment shall not be used: •To conduct random surveillance activities. •To target a person based solely on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability. Copyright Lexipol, LLC 2023/10/02, All Rights Reserved. Published with permission by Fremont Police DepartmentUnmanned Aerial System (UAS) Operations - 2 Fremont Police Department Unmanned Aerial System (UAS) Operations •To harass, intimidate, or discriminate against any individual or group. •To conduct personal business of any type. The UAS shall not be weaponized. 614.6 EVIDENCE COLLECTION AND RETENTION Evidence collection, video recording and digital photographs (a)To avoid missing critical evidence during UAS operations, all UAS video will be recorded during flight. The pilot will manually activate the record feature on the UAS before take-off and will stop recording after landing. Flights being flown for the purpose of evidence collection utilizing specialized software to capture the evidence are not required to also video record during

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