Policy Text
Policy
802Fremont Police Department
Communications Unit
802.1 PURPOSE AND SCOPE
This policy establishes guidelines for the basic functions of the Communications Unit. It addresses
the immediate information needs of the Department in the course of its normal daily activities and
during emergencies.
802.2 POLICY
It is the policy of the Fremont Police Department to provide 24-hour telephone service to the public
for information and for routine or emergency assistance. The Department provides two-way radio
capability providing continuous communication between Communications Unit and department
members in the field.
802.2.1 CONTROL OF COMMUNICATIONS CENTER RECORDINGS
(a)The Communication Center is the assigned repository for communication tapes,
disks or digital communications recordings, and the following procedures have been
established to:
1.Ensure effective, efficient use and control of communication recordings and their
maintenance pursuant to the provisions of Government Code § 34090.6 and
City of Fremont Resolution Number 5594
2.Provide uniform control of communication recordings
3.Prevent loss or misplacement
4.Maintain a proper chain of possession when a communication recording is
placed in evidence.
(b)Procedure:
1.Communication recordings shall be retained for 730 days (2 year).
2.Communication recordings are saved to the radio logger server. The server is
programed to auto delete recordings after 730 days (2 years).
(c)In order to retrieve recordings from the radio logger server the following must occur:
1.The Chief of Police, Deputy Chief,Captain, Lieutenant, Communication
Manager, Internal Affairs Sergeant, Sergeant or Communications Manager shall
authorize the retrieval of the recording.
2.The Communication Supervisors shall maintain a log. The following information
shall be collected on the log when a recording is retrieved for the purpose of
forwarding it outside of the Fremont Police Department.
(a)Date and time of removal
(b)Authority for removal (name of person)
(c)Person receiving recording, tape, disk or digital information or e-mail
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(d)Date recorded
(e)Applicable police report number
(d)Communication recordings, which are to be used for evidentiary purposes, shall be
removed pursuant to:
1.Request of Investigating Officer through the staff described above.
2.Written request of the District Attorney via a District Attorney's Evidentiary
Request Form approved by the Communications Manager.
3.Written Court order.
(e)Recordings removed for evidentiary purposes shall be documented in the associated
police report in accordance with departmental report writing procedures.
1.When a Court order has been issued, or a District Attorney's request form used,
it will be the responsibility of the Subpoena Specialist to file the original with the
police report.
2.When a Court order has been issued for the preservation/reproduction of a
recording, a "Communication Recording Erasure Policy" form (see attached) will
be filled out. The original shall be retained with the police report. A duplicate will
be forwarded along with the reproduction to the requesting attorney.
(f)The Communication Dispatch Supervisor who copies recordings for evidentiary
purposes will complete an evidence tag. The evidence tag will be attached to the
recording and both will be sent to Property/Evidence.
1.The evidence tag will contain the date, report number, charge(s), date of
recording, officer's name, and badge number. The evidence box will be checked
and the tag initialed.
2.Property/Evidence will hold the recording and evidence tag until notification by
the Court that a case has received a disposition.
3.Property/Evidence will be responsible for destroying the recording when the
case is over.
(g)In those cases where further retention is questionable, the case shall be reviewed with
the District Attorney or Court, if an order exists, or referred to the Division Commander.
(h)Recordings held in evidence on criminal cases shall remain in evidence for 90 days
after the disposition of the criminal case.
(i)Requests for reproduction of recordings from law enforcement agencies or the District
Attorney's Office will not be subject to fees. All other requests will be charged
appropriate fees, including the cost of the tape/disk needed to reproduce the requested
information. For applicable fees, refer to the Master Fee Schedule.
(j)Control of Information:
1.Copies of phone calls and radio traffic will only be copied/ transmitted with the
authorization of the Chief of Police, the Deputy Chief, a Captain, a Lieutenant,
Sergeants, Communications Manager or Communications Manager.
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2.Copies of phone calls and radio traffic may be transmitted via e-mail or disk.
3.In all cases, copies of digital conversations shall not be altered, changed, or
enhanced.
4.Anyone receiving a copy of phone calls or radio traffic shall treat this information
as confidential and shall only use this information for official business, training,
investigation etc.
5.The information shall not be copied or shared with anyone who does not have
the right to know and the need to know.
802.2.2 ACCESS TO COMMUNICATIONS CENTER
(a)To create an atmosphere conducive to the effective performance of individuals working
in the Communications Center. Access to the Communications Center is restricted to
authorized personnel only.
1.The Communications Center is a restricted area except for the following
authorized individuals:
(a)Staff Officers (Chief of Police, Deputy Chief, and Police Captains)
(b