Policy Text
Procedure
417Garden Grove Police Department
Procedures Manual
Copyright Lexipol, LLC 2022/09/14, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentContacts and Temporary Detentions
Procedures - 1Contacts and Temporary Detentions Procedures
417.1 PURPOSE AND SCOPE
This procedure will establish guidelines for the taking and retention of photographs of persons
detained in the field, but not arrested. Due to a variety of situations confronting the field officer, the
decision to photograph a field detainee shall be left to the discretion of the involved officer based
on the totality of the circumstances available to him/her at the time of the detention and consistent
with the Contacts and Temporary Detentions Policy.
417.2 NON-ARREST PHOTOGRAPH/FI REVIEW
(a)Any person who has been photographed or the subject of a field interview card (FI)
by the Garden Grove Police Department during other than an arrest may file a written
request within thirty (30) days of the contact requesting a review of the status of
the photograph/FI by the office to the Chief of Police. Upon a verbal request, the
Department shall send a request form to the requesting party along with a copy of
this policy.
(b)Upon receipt of such a written request, the Police Chief or his designee will permit
the individual to appear in person (any minor must be accompanied by their parent or
legal guardian) for a review of the status of the photograph/FI.
(c)Such meeting will generally be scheduled during regular business hours within thirty
(30) days of the receipt of the written request. Other scheduling, however, may be
made either upon the mutual convenience of the parties or if, at the discretion of the
Police Chief, there appears to be an ongoing legitimate law enforcement interest which
warrants a delay. (If it could jeopardize an ongoing investigation, nothing in this policy
shall require the Police Chief to disclose the reason(s) for any delay).
(d)A meeting for the review of the status of any non-arrest photograph/FI is not intended
to be a formal hearing, but simply an informal opportunity for the individual to meet
with the Police Chief or designee to discuss the matter.
(e)Following such a meeting, the Police Chief or designee will consider any information
presented by the individual along with the departmental reason for which the
photograph/FI is (are) being retained. The following questions should be considered:
1.Did the officer articulate a reasonable suspicion that the individual was somehow
involved in criminal activity?
2.Did the individual voluntarily consent to the photograph?
3.Will the photograph serve a legitimate police purpose? (i.e., photo lineup for a
specific crime or verified questionable identification)
4.Is a photograph the least intrusive method of verifying or dispelling the officer's
reasonable suspicions of criminal activity
5.The availability of a camera
Garden Grove Police Department
Procedures Manual
Contacts and Temporary Detentions Procedures
Copyright Lexipol, LLC 2022/09/14, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentContacts and Temporary Detentions
Procedures - 2(NOTE: The length of any field detention should be viewed in accordance with
the progressing nature of any investigation and each officer shall proceed with
diligence and without unreasonable delay.)
(f)After carefully considering the information available, the Police Chief or designee
will determine, generally within thirty (30) days of the original meeting, whether the
photograph/FI was obtained in accordance with existing law and Garden Grove Police
Department policy and, even if properly obtained, then whether there is any ongoing
legitimate law enforcement interest in retaining the photograph/FI.
(g)If the Police Chief or designee determines that the photograph/FI was obtained in
accordance with existing law and Garden Grove Police Department policy and that
there is an ongoing legitimate law enforcement interest in retaining the non-arrest
photograph, the photograph/FI shall be retained according to General Order 5.6 and
applicable law.
(h)If the Police Chief or designee determines that the original legitimate law enforcement
interest in retaining a non-arrest photograph no longer exists or that it was obtained
in violation of existing law or Garden Grove Police Department policy, the original
photograph will be destroyed (or returned to the person photographed if requested).
All other associated reports or documents, however, will be retained according to
department policy and applicable law.
(i)If the Police Chief or designee determines that the original legitimate law enforcement
interest in retaining a non-arrest FI no longer exists or that the original FI was not
obtained in accordance with established law or Garden Grove Police Department
policy, the original FI may only be destroyed upon the execution of a full and complete
waiver of liability by the individual (and guardian if a minor) arising out of that field
contact.
(j)If the Police Chief or designee determines that any involved Garden Grove Police
personnel violated existing law or Department policy, the Chief or designee shall
initiate a separate internal investigation which may result in additional training,
discipline or other appropriate action for the involved employee(s).
(k)Within thirty (30) days of the Police Chief's determination, the Police Chief or designee
will inform the person photographed/FI'd in writing whether or not the photograph/FI
will be retained. This does not entitle any person to any discovery or access to any
law enforcement records not otherwise authorized by law.
(l)If any record is not expunged after an appeal to the Chief of Police or designee, the
person may appeal in writing within thirty (30) days to a panel of at least three members
of the Community Policing Advisory Board