Policy Text
\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT
GENERAL ORDER
TITLE ACCREDITATION
Electronic Surveillance Equipment 43.1.4
PRIOR REVISIONS
PROPONENT UNIT None
Special Investigations Division
ATTACHMENT:
None
NUMBER ISSUE DATE REVISION DATE TOTAL PAGES
43.2 07/06/1999 11/27/2019 3
I. PURPOSE: The purpose of this order is to establish guidelines and accountability for the
covert use of electronic surveillance equipment. [CALEA 43.1.4]
II. POLICY: Department members shall only use electronic surveillance equipment to monitor,
intercept, or record the activities of citizens as authorized by federal and state laws and in
compliance with Departmental policies.
NOTE: All requirements regarding covert operations listed in General Order 43.1 will apply to
this order.
III. DEFINITION:
A. Prior Consent: Prior consent exists when officers use covert electronic surveillance
equipment in the ordinary course of their duties when no right to privacy exists.
Recordings from a prior consent situation may only be done to gather evidence of a
criminal violation.
B. Wiretap: A wiretap is the interception of any wire, oral, or electronic communications
when a right of privacy exists. Requires a court order to perform.
C. Electronic Surveillance Equipment: Such equipment includes, but is not limited to,
specialized cameras, listening devices, video and audio recorders.
IV. PROCEDURE:
A. Applicable Florida Statutes: Florida Statutes, specifically Chapter 934, Security of
Communications, will govern the use of electronic surveillance devices and recording
equipment. [CALEA 43.1.4]
1. FS 934.03(2)(c) When the interception of a wire, oral, or electronic
communication is legal without prior court authorization: It is lawful for a law
enforcement officer or a person acting under the direction of a law enforcement
officer to intercept a wire, oral, or electronic communication when such person is a\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT
party to the communication or one of the parties to the communication has given
prior consent to such interception and the purpose of such interception is to obtain
evidence of a criminal act.
2. FS 934.06 Prohibition of use as evidence of unauthorized intercepted wire,
oral, or electronic communications: Only legally authorized intercepted wire, oral,
or electronic communications may be used as evidence in any court.
3. FS 934.07 Authorization for the interception of wire, oral, or electronic
communications: Only the Governor, Attorney General, the statewide prosecutor, or
any state attorney may make application to a judge of appropriate jurisdiction for
authorization.
4. FS 934.08 Authorization for the disclosure and use of intercepted wire, oral, or
electronic communications: The contents of any intercepted wire, oral, or electronic
communications may only be used for a justified law enforcement purpose.
B. Guidelines for Electronic Devices and Voice Intercepts for Covert Operations:
1. Electronic devices and techniques may only be utilized after supervisory approval and
in accordance with law.
2. Electronic devices may only be used by personnel who are trained in their use.
3. The operation of video and audio surveillance equipment shall be restricted to official
police use only by employees of the Department.
4. If in doubt as to the legality of the use of video and audio surveillance equipment,
officers shall consult with proper legal authority.
C. Electronic Communication Intercepts (Wiretap Operations):
1. The interception of any wire, oral, or electronic communications may only be done
under the guidelines of Florida Statutes and under the direct authority of the Chief of
Police or designee.
2. All necessary affidavits, search warrants and court orders shall be obtained prior to
initiating and/or executing an installation and/or intercepting a wire or oral
communication.
D. Removal of Surveillance Equipment: Upon the completion of a covert surveillance
operation, the equipment will be removed immediately.
E. Documentation: When video or audio surveillance equipment is used during police
investigations, it must be documented in the police report. Documentation must include
the following:
2\n\n--- Page 3 ---\n\nGAINESVILLE POLICE DEPARTMENT
1. Purpose of the surveillance;
2. Surveillance location
3. Date the equipment was installed and removed (if applicable);
4. Who installed and removed the equipment (if applicable);
5. Disposition of all recordings and / or information obtained;
6. All approval documentation when the surveillance is for electronic communication
intercepts (wiretaps), to include State Attorney’s approval, court orders, etc.
_________________________
By Order of
Signed Original on File in the
Accreditation Unit
__________________________
Tony R. Jones
Chief of Police
3