Policy Text
Policy
336San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Copyright Lexipol, LLC 2024/10/31, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentCritical Incident Video Release Policy - 1Critical Incident Video Release Policy
336.1 PURPOSE AND SCOPE
The purpose of this policy is to provide standards and criteria for the public release of video
recordings that capture critical incidents involving members of the San Luis Obispo Police
Department. This policy addresses the protected information that is used in the day-to-day
operation of the Department and not the public records information covered in the Records
Maintenance and Release Policy. There are considerations, such as preserving the integrity of
related investigations, that may require a delay or deviation from the standard procedure, and
these considerations are detailed in this policy. In recognizing that a video may not tell the
whole story, the San Luis Obispo Police Department will also provide the necessary context
when releasing video so the public has the most accurate picture of what occurred based on the
information known at the time of release.
336.2 POLICY
It is the policy of the San Luis Obispo Police Department that video evidence in the department's
possession which captures critical incidents involving San Luis Obispo Police Department
personnel be released to the public within 45 days of the incident.
336.3 DEFINITIONS
Critical incidents - are those instances in which police personnel have utilized lethal force and/
or a person has died or suffered great bodily injury as a result of a police encounter or while in
police custody. The following are examples of critical incidents:
oOfficer-involved shootings at a person, regardless of whether a person was hit
by gunfire;
oA use of force resulting in death or great bodily injury of a person requiring
hospitalization;
oAll deaths while an arrestee/detainee is in the custodial care of the Department unless
there is no preliminary evidence of any of the following: misconduct, a use of force,
or an act committed by an arrestee/detainee that appears intended to cause injury or
death; or
oAny other police encounter where the Chief of Police determines release of video is
in the best interest of the public.
336.4 VIDEO RELEASE
The video release shall consist of relevant video imagery that depicts the actions and events
leading up to and including the critical incident. Relevant video imagery is video and accompanying
audio footage that is typically considered by the Chief of Police and criminal prosecutors to
determine the propriety of the San Luis Obispo Police Department member's conduct during the
critical incident. The release of video shall be accompanied by additional information in order to
provide context based on the evidence available at the time of release. The release of video will
San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Critical Incident Video Release Policy
Copyright Lexipol, LLC 2024/10/31, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentCritical Incident Video Release Policy - 2only apply to those incidents occurring after the effective date of this policy, unless specifically
authorized by the Chief of Police.
The release of any specific video imagery does not waive the San Luis Obispo Police Department's
right to withhold other video imagery or investigative materials in the same case or any other case,
as permitted by law. This policy is not intended to displace or supersede any legal right or remedy
available to any person or entity, and it is also not intended to prevent or hinder compliance by
the department with respect to any legal disclosure requirements, including but not limited to, any
court order or disclosure provisions of the California Public Records Act.
336.4.1 VIDEO SOURCES
The sources of video that may be released pursuant to this policy include, but are not limited to,
body-worn camera video, in-car video, police facility surveillance video, and video captured by
third parties that is in the department's possession.
336.4.2 PRIVACY PROTECTIONS
Video will not be released where prohibited by law or court order. Further, consistent with the
protections afforded juveniles and the victims of certain crimes, video imagery shall be redacted
or edited to the extent necessary to ensure that the identity of said individual(s) is protected.
Where the video cannot be sufficiently redacted or edited to protect the person's identity, it will be
withheld. In addition, video may also be redacted or edited to protect the privacy interests of other
individuals who appear in the video. Redaction or editing may also, at times, be required to protect
the privacy interests and/or personnel protections of police personnel involved in these incidents.
In each instance, such redaction may include removing sound or blurring of faces and other images
that would specifically identify involved individuals, sensitive locations, or reveal legally protected
information. Further, where possible, such redaction or editing shall not compromise the depiction
of what occurred during the incident.
336.4.3 DELAYED RELEASE
There may be circumstances under which the release of video must be delayed for a number of
reasons including but not limited to the protection of one or more of the following:
oSafety of the involved individuals, including police personnel, witnesses, bystanders,
or other third parties
oIntegrity of an active investigation (criminal or administrative)
oConfidential sources or investigative techniques
oConstitutional rights of an accused
The decision regarding the delay of the release of video associated with the critical incident shall
be made solely by the Chief of Police. The basis for the delay should not be of a general nature and
instead should have a factual