Policy Text
San Francisco Police Department 5.07
GENERAL ORDER Rev. 09/06/23
Eff. 01/19/24
Page 1 of 3
Rights of Onlookers
5.07.01 PURPOSE
The purpose of this policy is to protect the rights and safety of onlookers, detained or arrested
persons, and the safety of Department members while maintaining the integrity of a crime scene, restricted area, and/or investigation.
5.07.0 2 POLICY
The San Francisco Police Department’s highest priority is safeguarding the life, dignity, and liberty of all persons. Members shall demonstrate this principle in their daily interactions with the community they are sworn to protect and serve. The Department recognizes that onlookers have a
First Amendment right to observe, photograph, and record m embers during the performance of
their duties in public as well as other areas (such as a person's home, business, or common areas of public and private buildings) where an individual has the right to be present, so long as the observation, photography, or recording does not threaten officer or public safety nor interfere with
a member’s performance of duties.
Onlookers may observe, record activity, and express themselves (including making comments
critical of a member’s actions ) so long as an onlooker ’s conduct or presence does not unlawfully
interfere with an investigation or compromise the safety of members or others. Onlookers also
have a Fourth Amendment right to retain a recording they have made without government seizure unless otherwise noted.
The term “members” refers to sworn members unless otherwise indicated.
A. Onlookers Witnessing or Recording Contacts by Members
Members shall allow onlookers not involved in an incident to remain in the vicinity to observe,
photograph, or record (video or audio) m embers in the performance of their duties including
but not limited to, detentions and arrests that occur in public areas or private areas where the person has the right to be present (e.g., a person's home, business, or common areas of public and private buildings).
Members shall allow the onlooker to remain in proximity to the interaction to overhear and
record the encounter between the suspect and the member , except when one or more of the
following occur:
1. The m ember has specific and articulable concern(s) that officer or public safety could be
jeopardized.
DGO 5.07
Rev. 09/06/23
Eff. 01/19/24
Page 2 of 3
2. An onlooker obstructs or delay s a member lawfully exercising their duties or violates the
law.
3. An onlooker, by words or actions, threaten s violence or illegal activity by words or
attempts to incite others to violate the law .
4. A member determines there is a specific and articulable need for a confidential
conversation.
5. A member has a specific and articulable concern that evidence will be destroyed.
6. An onlooker is inside a restricted area not normally available to the public (e.g., inside a
crime scene, restricted areas of a police station, etc. See 5.07.02.E).
B. Guidance D uring Vehicle S tops
Members have the authority during traffic stops to control the movements of all vehicle
occupants for safety purposes. This authority does not preclude a passenger from recording law
enforcement during the stop provided the passenger does not pose a safety risk (e.g., by
suddenly reaching into a backpack, a purse, pockets, where a weapon could be stored) or
obstructs or delays the member in the performance of their duties.
C. Violations / C ompliance / A rrests
1. As an alternative to arresting an onlooker who is in violation of Penal Code s ection s 148,
647c, or other related offenses (e.g., 22 SF Municipal Police Code), members may warn and order onlookers to relocate to a position no further than necessary to end the violation
or ensure scene safety.
2. If a member determines that an onlooker should be arrested for obstructing or delaying law
enforcement while recording police activity and there are no other charges, the officer shall
request a supervisor respond to the scene. The supervisor shall assess the situation and approve any subsequent enforcement action.
3. Onlookers shall be allowed to record their interactions with the police if there is no specific and articulable safety issue or violation of the law. However, if an onlooker is to be arrested, members may order the arrested person to cease recording .
D. Onlooker R ecordings
1. Onlookers will commonly record police activities and interactions to include police
arresting, citing, detaining, or contacting members of the public in addition to recording police during demonstrations. Onlookers have a First Amendment right to record police officer actions except as noted in 5.07.02A. Recording, in and of itself, does not constitute a violation of law and does not establish reasonable suspicion to detain or probable cause to arrest.
2. Generally, onlookers have a Fourth Amendment right to retain a recording they have made.
Members may obtain the onlooker’s recording with consent or warrant (see DGO 5.16
Search Warrant ).
DGO 5.07
Rev. 09/06/23
Eff. 01/19/24
Page 3 of 3
If a member develops probable cause to believe an onlooker’s recording (not an arrestee)
has evidence that may be important to the prosecution of a crime, the member