Policy Text
Page 1 of 3 3/15 (NEW 4/19)
GENERAL ORDER
Videotaping or Photographing Sher iff’s Personnel or Facilities
The purpose of this General Order is to provide guidance when b eing photographed or
videotaped in the performance of y our duties as a law enforceme nt officer, and/or
responding to persons photographi ng or videotaping Sheriff’s De partment facilities.
As always, your discretion is im perative in determining whether or not the photography
or videotaping is impeding the ability to properly carry out yo ur duties or is a safety risk
to personnel or the security of the facility. In most cases, ho wever, you should not
prevent or prohibit the public fr om taking photos or videos. Ph otographing or
videotaping law enforcement offi cers in the commission of their duties is seen as an
extension of a citizens “right to see”. I. Citizens videotaping or photogr aphing law enforcement person nel
A. It is increasingly common fo r bystanders, who are not involv ed in any
criminal activity, to photograph and videotape contacts between officers
and citizens, during which office rs are detaining, citing or ar resting a
suspect, or in the performance of t he officer’s everyday duties . Bystanders
have the right to record law enfor cement officer’s activities w ith a camera,
video recorder, cellular dev ice, or other means.
Absent the existence of articul able facts to do otherwise, you should
consider the following guidelines when dealing with citizens wh o are
photographing or video taping you in the commission of your duti es, or are
observed photographing or videotaping Sheriff’s Department faci lities:
1. Do not prevent the citizen from photographing or videotaping solely
based on the fact they are photographing or videotaping.
2. Do not take possession of the equipment solely based on the fact
they are using it to record you.
3. Do not review, manipulate, or erase the recorded materials.
4. Do not refuse to provide y our name and badge num ber should a
citizen request it.
5. Do not engage in argumentat ive behavior. Continue to be
professional and courteous, under standing you are being recorde d.
Page 2 of 3 3/15 (NEW 4/19) B. Signs posted at all Sheriff’ s Department facilities articula te our security
regulation prohibiting video and still photography inside any S heriff’s
Department facility without prior approval.
The nature of our operations, t he safety and security of the pu blic and our
personnel, and the confidential nature of the information with which we
operate dictate the need to keep the inside of our facilities s ecure and free
from confidential and sensitiv e information being shared.
Video and still photography outside of any Sheriff’s Department facility,
taken from a public place is la wful and should no t be interfere d.
II. When enforcement action is necessary
A. If enforcement action is necessary, document the behavior th at led to the
prevention of the photographing o r videotaping and why you chos e to
intervene. For example:
1. The individual photographing o r videotaping is the subject o f an
investigation or is bei ng placed under arrest.
2. It presents an officer safety risk to allow the individual t o
continue photographing or videotaping (Note: be sure to use
facts to support why there was an officer safety risk).
3. The position, actions or other behaviors of the individual a re
interfering with your ability to c onduct an investigation and/o r do
your job.
4. The person is inside a Sheri ff’s Department facility and is
photographing or videotaping wit hout prior approval, in violati on
of our security regulation (Not e: Be sure to advise the person of
the security violation and a llow them to discontinue their
videotaping or photographing pri or to taking any action.)
B. Articulable enforcement acti on, based solely on a violation of a security
regulation and the refusal to c ease videotaping , photographing, or leave the
facility, should be based on PC 602 (Trespassing).
Articulable enforcement action fo r interfering wit h your duties must be based on
violations of PC 148 or PC 69; however, be mindful of these law s as they pertain to
filming officers in the cour se and scope of their duties:
C. Section 69: (a) Every person who attempts, by means of any t hreat or
violence, to deter or prevent an executive officer from perform ing any duty
Page 3 of 3 3/15 (NEW 4/19) imposed upon the officer by law, or who knowingly resists, by t he use of force
or violence, the officer, the per formance of his or her duty, i s punishable by a
fine not exceeding ten thousand dollars ($10,000), or by impris onment
pursuant to subdivisions (h) of S ection 1170, or in a county ja il not exceeding
one year, or by both such fine and imprisonment.
1. (b) The fact a person take s a photograph or m akes an audio
video recording of an executive officer, while the officer is i n a
public place or the person taki ng the photograph or making the
recording is in a place he or she has the right to be, does not
constitute