Policy Text
Santa Clara County Office of the Sheriff
Surveillance Use Policy for Crisis Negotiations Team ENT Call Box and Rescue
Phone System ("System")
1. Purpose
Califomia Penal Code section 633.8 was enacted by the Califomia Legislature "to provide
law enforcement with the ability to use electronic ampliSing or recording devices to
eavesdrop on or record the otherwise confidential communications of individuals within a
location when responding to an emergency sifuation that involves the taking of a hostage or
the barricading of a location" (Penal Code section 633.8(a)). Authorized Sheriff s
personnel may use the Emergency Negotiations Telephone (ENT) Call Box and Rescue
Phone System ("System") during a"Baricading Situation" or a ooHostage Situation."
A "Barricading Situation" is defined as a situation that occurs when a person refuses to
come out from a covered or enclosed position. A "Barricading Sifuation" also occurs when
a person is held against his or her will and the captor has not made a demand (PC
633.8(e).
A 'oHostage Situation" is defined as a situation that occurs when a person is held against his
or her will and the captor has made a demand (PC 633.8(h).
The System used by the Sheriff s Office is the Cellular Response Console by Rescue
Phone, lncorporated.
The System is a self-contained, multi-capable communications system designed to
establish communications between a certified law enforcement crisis negotiator and victim,
suspect, or involved person(s). During initial response, a search warrant shall not be
required to use the ENT Call Box and Phone Rescue System. However, in all
circumstances where the System is deployed, an application for a Court Order or search
warrant for such use shall be requested from a magistrate within 48 hours of the System
deployment (PC 633.8(e)).
2.Authorized and Prohibited Uses
The System shall only be used by Sheriff s Office personnel for legal law enforcement
activities, including crisis negotiations work relating to:
r Barricadingsituations;
o Hostage situations;
o Crisis interventions/negotiations (such as suicidal individuals not in an enclosed or
covered position);
.. Other law enforcement or first responder uses not prohibited by law.
The Systern shall not be used for personal or non-law-enforcement purposes.
Santa Clara County Office of the Sheriff
Surveillance Use Policy - Crisis Negotiations Team ENT Call Box and Rescue Phone SystemPage I of3
May 2018
Approved: 08/28/2018
3. Data Collection
The current System obtains real-time audio and video and does not have the capability to
record. California Penal Code 633.8(f) requires that "the contents of any oral
communications overheard pursuant to this section shall be recorded on tape or other
comparable device." Sheriff s personnel working a Barricading or Hostage situation
where the System is deployed shall record the content obtained by the System using
Sheriff s Digital Voice Recorders or other recording devices, which are subject to a
separate Surveillance Use Policy.
4.Data Access
Access to real-time audio and video of the negotiation shall be limited to Sheriff s Office
personnel assigned to an incident in which the equipment is deployed. Crisis Negotiation
Team (CNT) members, Tactical Command Staff and Sheriff s Command Staff may have
access during an incident where the System is deployed.
5.Data Protection
The System shall provide only real-time data access. Datarecorded and acquired via
Digital Voice Recorders or other recording devices used shall be subject to the Data
Protection requirements described in the Surveillance Use Policy applicable to those
recording devices.
6. Data Retention
The System shall not record or retain data. Datarecorded via Digital Voice Recorders or
other recording devices shall be subject to the Data Retention requirements described in the
Surveillance Use Policy applicable to those devices.
Public Access
The public shall not have access to the real-time audio stream or video stream provided by
the System. Access to data retained by Digital Voice Recorders or other recording devices
shall be subject the Public Access requirements of the Surveillance Use Policy applicable
to those devices.
8. Third-Party Data-Sharing
For joint law enforcement operations, personnel from other law enforcement agencies may
be provided access to live streaming audio or video from the System. Other third parties
shall not be provided access to the System.
Training
Training for the operation of the System shall be provided to authorized System users by
the vendor or Sheriff s Office personnel familiar with the System.7
9
Santa Clara County Office of the Sheriff
Surveillance Use Policy- Crisis Negotiations Team ENT Call Box and Rescue Phone SystemPage 2 of 3
May 2018
10. Oversight
The Sheriff s Office Special Operations Captain shall ensure compliance with this
Surveillance Use Policy, including compliance with California Penal Code section 633.8,
as applicable. An audit 1og shall be kept for usage of the System. Sheriff s Administration
shall review the log for compliance as needed, and at least annually.
asto Form and Legality
tg
Rob Coelho
Office of the County Counsel
Santa Clara County Office of the Sheriff
Surveillance Use Policy - Crisis Negotiations Team ENT Call Box and Rescue Phone SystemPage 3 of3
May 2018