Police Department Policy

699430

Temple Terrace PD

Policy Text
General Order B -60 Page 1 of 2 USING PERSONAL ELECTRONIC DEVICES TEMPLE TERRACE POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE 10/28 /2015 FILE INDEX NO. B-60 SUBJECT: USING PERSONAL ELECTRONIC DEVICES TO COLLECT DIGITAL IMAGES, VIDEO AND AUDIO FILES INDEX AS: SAME AS ABOVE RESCINDS: REVISES: DATE REVISED: DISTRIBUTION : ALL MEMBERS I. PURPOSE: The purpose of this order is to establish guidelines for the use of personal electronic devices used by members to collect , preserve or disseminate digital images, video and audio files while on -duty or representing the D epartment in any way. This o rder is not intended to supersede, undo, or amend written policy defined elsewhere in department general orders which govern the use of electronic devices owned, issued or appro ved for use by the D epartment. II. SCOPE: All Members III. DISCUSSION: The Department recognizes that the proper collection and handling of digital images , video and audio files are essential practices associated with information gathering, evidence collection , criminal investigation s, police training and the overall d elivery of law enforcement services. The Department further recognize s that members are often privy to situations and events not otherwise available to the public and that such situations and events may establish a reasonable expectation of privacy for those present . Finally, the D epartment recognizes that members often have personal cameras, cellular tele phones, and other electronic devices readily available while on-duty or representing the D epartment that are capable of recording digital images , video and audio files and that the use of such devices in these circumstances must be governed by department policy. IV. DEFINITIONS : A. Digital recording - For the purpose of this order, digital recordings shall include digital images, videos and audio files. B. Electronic device - For the purpose of this order, electronic devices shall include cameras, cellular telephones, and other devices capable of recording, storing or transmitting digital images, videos and audio files. V. PROCEDURE: A. Whenever collecting or handling digital recordings , while on -duty or representing the Department, members shall comply with the following guidelines: General Order B -60 Page 2 of 2 USING PERSONAL ELECTRONIC DEVICES 1. All members shall, in the absence of exigency, refrain from using personal electronic devices to collect digital recordings for evidentiary purposes. 2. The preferred practice for collecting digital recordings for evidentiary purposes and other bona fide department purpo ses is to use an electronic device issued or approved by the Department . 3. Whenever the need to collect digital recordings arise and a department issued or approved electronic device is not immediately available , members shall , when practicable, request the assistance of other on -duty personnel who possess a department issued or approved electronic device . 4. If a department electronic device is not readily available , or the on-duty personnel who possess such devices are not able to promptly res pond to a request for assistance , or the particular situation requires technological capabilities beyond that of a department issued or approved electronic device , members may, with supervisor y approval, utilize personal electronic device s for bona fide department purpose s. 5. In the event of an exigent situation where important evidence may be lost if expeditious actions are not immediately taken, members may utilize personal electronic devices fo r bona fide department purposes. In this case, the member taking such action shall , upon the first reasonable opportunity , notify his or her supervisor of the situation. 6. All digital recordings collected for evidentiary purposes using personal electronic devices must be preserved and handle d in the same manner as those collect ed using department issued or approved electronic devices . 7. Members may only disseminate digital recordings collected for evidentiar y or other bona fide department purposes according to established policy and general orders. 8. Members may not , while on -duty or representing the D epartment, collect or disseminate digital recordings associated with criminal investigations, traffic crash inv estigations, official department activities, law enforcement training activities or undercover activities for reasons other than those approved by and in accordance with established policy and general orders. 9. Collecting digital recordings associated with criminal investigations, traffic crash investigations, official department activities, law enforcement training activities or undercover activities for reasons of personal interest or entertainment is not permitted without the prior approv al of the Chief of Police or designee. B. Members should be mindful that w henever a member , on-duty or representing the D epartment in any way , uses a personal electronic device to collect or disseminate digital recordings , he or she may inadvertently create an opportunity for formal discovery through legal process to disclose the contents of some or all of the data stored on the device. C. For the purpose of this order , a member is considered to be on -duty or representing the Department any time he or she is: 1. Compensated for his or her service o r participation in an employment related activity, 2. In uniform or otherwise display ing a badge or other indicia identifying th e member as an employee of the D epartment, or 3. At a place or location that is not readily accessible to the gener al public and is present there by virtue of his or her employment with the D epartment .

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