Police Department Policy

TUSPD_GO_0446_-_Digital_Media_Procedures_74614

Tustin PD

Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW 1 01/24/2011 04/01/20 20 10/01/20 20 TUSTIN POLICE DEPARTMENT GENERAL ORDERS _________________________ 446 – Digital Media Procedures 1 POLICY 446 DIGITAL MEDIA PROCEDURES 446.1 PURPOSE AND SCOPE The purpose of this policy is to outline the use and operation of all digital media devices including body worn camera recorders (BWC), Digital Audio Recorders (DAR), and the Mobile Audio and Video (MAV) recording system. The Tustin Police Department may provide its employees with some or all of these devices. These digital media devices are intended to assist and compliment employees in the performance of their duties by providing an unbiased v ideo and audio record of certain police contacts and activities, to assist in recollection of an incident or supplement the employee’s report. While recordings obtained from digital media devices provide an objective record of these events, it is understo od digital recordings captured by a digital media device do not necessarily reflect the experience or state of mind of the individual employee(s) in a given incident. Moreover, the audio and video recording has limitations, and may depict events differentl y than the events recalled by the involved employee. Specifically, it is understood the BWC or MAV may capture information that may not have been heard and/or observed by the involved employee and may not capture information observed by the employee. 446.1.1 ACCREDITATION STANDARDS This policy pertains to the following CALEA Standards: 41.3.8 446.2 OPERATION OF BWC a) Each employee assigned a BWC will use the equipment with reasonable care to ensure proper functioning. Equipment malfunctions shall be br ought to the attention of the Watch Commander or a Supervisor; b) Employee shall inspect and test the BWC equipment prior to starting the employee's shift to ensure the unit is properly functioning and charged. Absent exigent circumstances, t he BWC user shoul d record a test sample at the beginning of his or her duty day by recording the employee's name, the date, and time of the recording; c) Employees shall wear the BWC on their person in a forward -facing position to facilitate optimum recording of the contact and/or incident; d) Each recorded segment requires the entry of metadata (including case numbers, incident numbers, and other descriptors used to identify the incident), even if the segments are of the same event. Metadata should be added at the conclusion o f the event. In the case of a delay, metadata should be added as soon as possible. e) Employees shall upload BWC data files at the end of and, if needed, during their shift to ensure storage capacity is not exceeded; f) Employees shall use only BWC's issued by the Department. The use of personal audio and video recording devices by employees in the performance of their duties is prohibited. The BWC equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment is t he sole property of the Department. CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW 1 01/24/2011 04/01/20 20 10/01/20 20 TUSTIN POLICE DEPARTMENT GENERAL ORDERS _________________________ 446 – Digital Media Procedures 2 446.3 OPERATION OF THE MAV a) Activation of the MAV is automatic when the police vehicle’s overhead lights are activated, the gun lock release is activated, the police vehicle reaches speeds in excess of 85 MPH, or a significant traffic collision involving t he police vehicle has occurred; b) The system remain s on until turned off manually; c) The MAV can also be activated manually either on the MAV interface screen on th e MDC or wirelessly via the BWC; d) Other employees not we aring the BWC can also activate the MAV via the wireless microphone ; e) The video will simultaneously record with the audio when activated under any of these conditions. Employees using patrol vehicles for details or assignments should use available vehicles equipped with a MAV device. All employees using vehicles equipped with a MAV device shall utilize the in -car system. Employees should, at the beginning of each shift, check the windshield and camera lens for debris to assure an unobstructed camera view. 446.4 OPERATION OF THE DAR a) Each person assigned a DAR will maintain the equipment while in his or her possession; b) The DAR will be carried upon the person in a manner that will allow for easy operation without impairing the capabilities of the equipm ent; c) If during the employee’s shift a recording occurred during a documented contact (CR or FI), the contents shall be uploaded onto the designated database f or storage as soon as practical; d) Each recorder is issued to the individual employee and the DAR au tomatically records the start time, end time, and duration for each recording. e) Employees shall use only audio equipment issued by the Department. The use of personally -owned audio recording equipment by employees in the performance of their duties is prohi bited. 446.5 REQUIRED ACTIVATION OF THE DIGITAL MEDIA DEVICE Penal Code § 632 prohibits any individual from surreptitiously recording any conversation in which any party to the conversation has a reasonable belief that the conversation was private or confidential; however, Penal Code § 633 expressly exempts law enforcement from this prohibition

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