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

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Orange County Sheriff's Office Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2018/02/14, All Rights Reserved. Published with permission by Orange County Sheriff's Office ***DRAFT***Records Maintenance and Release - 3 (a)Identifying information, including an individual’s drivers license photograph; Social Security and driver identification numbers; name, address, and telephone number; and medical or disability information that is contained in any drivers license record, motor vehicle record or Office record, including traffic crash reports, are restricted except as authorized by the Office, and only when such use or disclosure is permitted or required by law to carry out a legitimate law enforcement purpose (18 USC § 2721; 18 USC § 2722; N.C.G.S. § 20-43.1). (b)Records of criminal investigations or records of criminal intelligence information are confidential; basic arrest and criminal violation information may be released unless the basic information will jeopardize an investigation (N.C.G.S. § 132-1.4). (c)The Office shall temporarily withhold witness information if it is likely that the release would pose a threat (N.C.G.S. § 132-1.4(d)). (d)Information related to juveniles (N.C.G.S. § 7B-3100; N.C.G.S. § 7B-3001). (e)Child abuse information (N.C.G.S. § 7B-2902(f)). (f)Confidential portions of employee personnel records (N.C.G.S. § 153A-98; N.C.G.S. § 160A-168). (g)Confidential communications of a government body (N.C.G.S. § 132-1(a)). (h)Address Confidentiality Program information (N.C.G.S. § 132-1.1(d)). (i)Controlled Substances Reporting System information (N.C.G.S. § 132-1.1(e)). (j)Confidential information listed in N.C.G.S. § 132-1.2. (k)Confidential informant information (N.C.G.S. § 132-1.4(h)). (l)9-1-1 database information (N.C.G.S. § 132-1.5). (m)Sensitive public security information (N.C.G.S. § 132-1.7). (n)Data captured through an automated license plate reader (N.C.G.S. § 20-183.32) (o)Audio and video recordings taken by a deputy with a portable audio/video camera or a Mobile Audio/Video (MAV), except as provided in N.C.G.S. § 132-1.4A. For example, portions of a recording may be disclosed to the person who is the subject of the recording. 803.6 SUBPOENAS AND DISCOVERY REQUESTS Any member who receives a subpoena duces tecum, judge’s court order, or discovery request for records should promptly contact a supervisor, the Legal Advisor, and the Custodian of Records for review and processing. Generally, discovery requests and subpoenas from criminal defendants and their authorized representatives (including attorneys) should be referred to the prosecutor and Legal Advisor. 8