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Policy 606Santa Monica Police Department Santa Monica Police Department Policy Manual Copyright Lexipol, LLC 2023/10/19, All Rights Reserved. Published with permission by Santa Monica Police DepartmentUnmanned Aircraft System (UAS) Operations - 1Unmanned Aircraft System (UAS) Operations 606.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the use of an unmanned aerial system (UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS. 606.1.1 DEFINITIONS Definitions related to this policy include: Unmanned Aerial System (UAS) - An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for gathering information through imaging, recording or any other means. Drone as a First Responder (DFR) - The use of UAS to proactively respond to calls for police service or assist officers in the field in real time while they respond to calls for police service. Field Deployed Drone - The use of UAS by personnel based in the field to assist in routine calls for police service or during exigent circumstances. Other Deployments - All other use of UAS which does not fit into one of the two above-mentioned definitions. 606.2 POLICY Unmanned aerial systems may be utilized to enhance the Department's mission of protecting lives and property when legally permissible. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. 606.3 PRIVACY The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). 606.4 PROGRAM COORDINATOR The Chief of Police will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations and best practices and will have the following additional responsibilities: •Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring that the COA is current, and/or coordinating compliance with FAA Part 107 Remote Pilot Certificate, as appropriate for Department operations. •Ensuring that all authorized operators and required observers have completed all required FAA and Department-approved training in the operation, applicable laws, policies and procedures regarding use of the UAS. Santa Monica Police Department Santa Monica Police Department Policy Manual Unmanned Aircraft System (UAS) Operations Copyright Lexipol, LLC 2023/10/19, All Rights Reserved. Published with permission by Santa Monica Police DepartmentUnmanned Aircraft System (UAS) Operations - 2•Developing uniform protocol for submission and evaluation of requests to deploy a UAS for other deployments (not defined as Drone as a First Responder (DFR) or the Field Deployed Drone (FDD) program) •Developing protocol for conducting pre-planned criminal investigations involving a UAS. •Developing an operational protocol governing the deployment and operation of a UAS including, but not limited to, safety oversight, use of visual observers, establishment of lost link procedures and secure communication with air traffic control facilities. •Developing a protocol for documenting all flights. •Developing a UAS inspection, maintenance and record-keeping protocol to ensure continuing airworthiness of a UAS, up to and including its overhaul or life limits. •Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, authenticity certificates and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody. •Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules. •Facilitating law enforcement access to images and data captured by the UAS. •Recommending program enhancements, particularly regarding safety and information security. •Ensuring that established protocols are followed by monitoring and providing periodic reports on the program to the Chief of Police. 606.5 USE OF UAS Only authorized operators who have completed the required training shall be permitted to operate the UAS, unless being done in a training environment under the supervision of an operator who has met all the training requirements. Operators shall not use personally owned UAS for operations, missions, or deployments, except in exigent circumstances or with prior written approval from the Chief of Police. This restriction shall not apply to authorized and approved training environments. Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, absent exigent circumstances, legal counsel should be consulted. UAS operations should only be conducted consistent with FAA regulations. Santa Monica Police Department Santa Monica Police Department Policy Manual Unmanned Aircraft System (UAS) Operations Copyright Lexipol, LLC 2023/10/19, All Rights Reserved. Published with permission by Santa Monica Police Department