Policy Text
Santa Clara County Office of the Sheriff
Surveillance Use Policy for the Trail Cameras
1.Purpose
The Sheriff s Office utilizes Bushnell Trophy Cameras Model #119466 ("Trail Cameras"),
which are motion-activated. Trail Cameras shall only be utilized to gather evidence of
illegal or suspected illegal activity on private property or public lands for investigative
cases of the Santa Clara County Sheriff s Office. If legally required, a search warrant shall
be obtained to use the Trail Cameras.
2. Authorized and Prohibited Uses
Trail cameras shall be used only for the following purposes:
o Surveil subjects suspected of engaging in illegal activity on private and/or public lands;o For private property, utilization of the trail cameras shall only occur with authoization
from the land owner or custodian of the property, or pursuant to a search warrant;o Evidence Collection in a criminal or administrative investigation;o Other law enforcement uses not prohibited by law.
Trail Cameras shall not be used for personal or non-law enforcement purposes
3. Data Collection
Trail Cameras record video images, and may record audio.
4. Data Access
Access to video and audio recording of Trail Cameras shall be limited to Sheriff s Office
personnel engaged in a specific criminal or administrative investigation, including
supervisors and command staff; and to other county personnel designated by the Sheriff or
the Sheriff s designee to the extent that the Sheriff or the Sheriff s designee determines that
access is reasonably necessary for a specific criminal, civil, or administrative investigation
or action.
5. Data Protection
Data downloaded from Trail Cameras shall be maintained in a secure, non-public location,
such as a secured server room, or a location requiring security access.
Data Retention
Data shall only be downloaded onto an electronic storage device for the purposes of
documentation or evidence in an investigation. All such data shall be maintained and
retained in accordance with applicable state and federal evidentiary laws and Sheriff s
Office policy. All data not downloaded onto an electronic storage device shall be deleted
no later than 180 days after retrieving the equipment.6
Santa Clara County Office of the Sheriff
Surveillance Use Policy - Trail CamerasPage I ofZ
June 2018
Approved: 08/14/2018
7Public Access
Data retrieved from Trail Cameras shall be made public or deemed exempt from public
disclosure pursuant to state or federal law. For public requests for data, the Sheriff s Office
shall confer with County Counsel to determine whether the requested data is exempt from
disclosure pursuant to the Califomia Public Records Act, or is legally required to be
disclosed, and shall respond to requests in compliance with applicable law.
8.Third-Party Data-Sharing
Data-sharing from Trail Cameras shall be limited to only the following:
o District Attorney's Office for use as evidence to aid in prosecution, in accordance with
laws governing evidence;
o Public Defender's Office or defense attorney via the District Attomey's Office in
accordance with California discovery laws;
o Other law enforcement offices as part of a specific criminal or administrative
investigation;
o Parties in a civil litigation involving the County, in response to a subpoena or civil
discovery;
o County Personnel Board, arbitrator, or Court regarding a county administrative action
or litigation;
o Other third parties, pursuant to a Court Order.
Training
Training for the operation of Trail Cameras shall be provided by Sheriff s Office personnel
to authorized users.
10. Oversight
Division Commanders for divisions utilizing Trail Cameras shall oversee compliance with
this Surveillance Use Policy. An audit log shall be kept for usage of Trail Cameras.
Sheriff s Administration shall review the audit log as it deems necessary, and at least
annually, to ensure compliance with this Surveillance Use Policy.
Approved as to Form and Legality
Ro
Office of the County Counsel9
Santa Clara County Office of the Sheriff
Surveillance Use Policy - Trail CamerasPage2 of2
June 2018