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Agenda - 7-a - Orange County Sheriff’s Office Portable Audio-Video Recorders Policy
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Agenda - 7-a - Orange County Sheriff’s Office Portable Audio-Video Recorders Policy
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2/16/2018 8:12:37 AM
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2/16/2018 8:12:08 AM
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BOCC
Date
2/20/2018
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
7-a
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<br />G.S. 132-1.4A Page 4 <br />this subsection shall be set down for hearing as soon as practicable, and subsequent <br />proceedings in such actions shall be accorded priority by the trial and appellate courts. <br />(h) Release of Recordings; Law Enforcement Purposes. – Notwithstanding the <br />requirements of subsections (c), (f), and (g) of this section, a custodial law enforcement agency <br />shall disclose or release a recording to a district attorney (i) for review of potential criminal <br />charges, (ii) in order to comply with discovery requirements in a criminal prosecution, (iii) for <br />use in criminal proceedings in district court, or (iv) any other law enforcement purpose, and <br />may disclose or release a recording for any of the following purposes: <br />(1) For law enforcement training purposes. <br />(2) Within the custodial law enforcement agency for any administrative, <br />training, or law enforcement purpose. <br />(3) To another law enforcement agency for law enforcement purposes. <br />(i) Retention of Recordings. – Any recording subject to the provisions of this section <br />shall be retained for at least the period of time required by the applicable records retention and <br />disposition schedule developed by the Department of Natural and Cultural Resources, Division <br />of Archives and Records. <br />(j) Agency Policy Required. – Each law enforcement agency that uses body-worn <br />cameras or dashboard cameras shall adopt a policy applicable to the use of those cameras. <br />(k) No civil liability shall arise from compliance with the provisions of this section, <br />provided that the acts or omissions are made in good faith and do not constitute gross <br />negligence, willful or wanton misconduct, or intentional wrongdoing. <br />(l) Fee for Copies. – A law enforcement agency may charge a fee to offset the cost <br />incurred by it to make a copy of a recording for release. The fee shall not exceed the actual cost <br />of making the copy. <br />(m) Attorneys' Fees. – The court may not award attorneys' fees to any party in any <br />action brought pursuant to this section. (2016-88, s. 1.) <br />13
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