Agenda - 7-a - Orange County Sheriff’s Office Portable Audio-Video Recorders Policy

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Orange County Sheriff's Office Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2018/02/14, All Rights Reserved. Published with permission by Orange County Sheriff's Office ***DRAFT***Portable Audio/Video Recorders - 3 Members should not surreptitiously record another Office member without a court order unless lawfully authorized by the Sheriff or his designee. 427.5.3 EXPLOSIVE DEVICE Many portable recorders, including body-worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present. 427.6 PROHIBITED USE OF PORTABLE RECORDERS Members are prohibited from using Office-issued portable recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on-duty or while acting in their official capacity. Members are also prohibited from retaining recordings of activities or information obtained while on-duty, whether the recording was created with office-issued or personally owned recorders. Members should not duplicate or distribute such recordings, except for authorized legitimate Office business purposes. All such recordings shall be retained at the Office. Members are prohibited from using personally owned recording devices while on-duty without the express consent of their supervisor. Any member who uses a personally owned recorder for Office-related activities shall comply with the provisions of this Policy, including retention and release requirements, and should notify the on-duty supervisor of such use as soon as reasonably practicable. Recordings shall not be used by any member for the purpose of embarrassment, harassment, or ridicule. 427.7 IDENTIFICATION AND PRESERVATION OF RECORDINGS To assist with identifying and preserving data and recordings, members should download, tag, or mark them and document the existence of the recording in any related case report. A member should transfer, tag, or mark recordings when the member reasonably believes: (a)The recording contains evidence relevant to potential criminal, civil, or administrative matters. (b)A complainant, victim, or witness has requested non-disclosure. (c)A complainant, victim, or witness has not requested non-disclosure but the disclosure of the recording may endanger the person. (d)Disclosure may be an unreasonable violation of someone’s privacy. (e)Medical or mental health information is contained. (f)Disclosure may compromise an undercover deputy or confidential informant. Any time a member reasonably believes a recorded contact may be beneficial in a non-criminal matter (e.g., a hostile contact), the member should promptly notify a supervisor of the existence of the recording. 4