19 - Laserfiche WebLink

Pleasanton Police Department Pleasanton PD Policy Manual Body Worn Camera Systems It shall be a violation of this policy for a member to use, distribute, or release in any manner, including through any social media forum, any audio or visual recording created by a department - issues BWCS or any other duly authorized recording device for the purpose of embarrassment, intimidation or ridicule of any person(s). 450.3.3 OFFICER DISCRETION IN BALANCING COMPETING INTERESTS Members are not required to, but may, as provided herein, obtain consent from a private person, when the recording takes place: a) In a public place. b) In a location where there is no reasonable expectation of privacy (i.e., inside a building or dwelling where members are lawfully present and engaged in the performance of official duties). c) Inside a private residence or location when the member enters the residence pursuant to medical response or exigent circumstances. Members, in their discretion or as directed by a Supervisor, may advise any person that they are being recorded, if the advisement may gain compliance, assist in the investigation, and will not interfere with the investigation or officer safety. When a private person objects to the use of the BWCS inside a private residence or location not otherwise open to the public, the member may, but is not required to turn off the device as provided herein, when in the member's reasonable judgement or as directed by a Supervisor, the member is not responding to a crime in progress or determines there is no likelihood of enforcement activity (detention, arrest or search) taking place at the location. Members may, in their discretion, or as directed by a Supervisor, determine not to record certain types of sensitive or highly private encounters, under the following circumstances (this list is not inclusive and does not include circumstances where there is reasonable suspicion that a crime has been committed, is being committed or will be committed, or there is likelihood of the use of force): a) Except where specifically related to criminal incident or investigation in any medical facility, including a hospital emergency room, the privacy of patients, including those who are not involved or related to the member's official duties, hospital personnel and other members of the public who are present should be considered; b) Ambulance response to accident when injured or ill persons are not involved in criminal activity and the nature and circumstances of their condition would not be relevant or necessary to any criminal investigation; c) While on school grounds or during school hours except where necessary to document or record evidence or witness statements during a criminal investigation; d) During interviews of victims in sensitive cases such as domestic violence, sexual assault or child abuse. (Still photography and audio recording shall still be used.); Copyright Lexipol, LLC 2020/09/22, All Rights Reserved. Body Worn Camera Systems - 412 Published with permission by Pleasanton Police Department