DIRECTIVE 8.12 Flashcards
0
Q
- Do private individuals have a right to record police officers during their duty.
- Why
- When do police violate a persons 4th and 14th amendment.
A
- Yes they do.
- It is a form of free speech.
- When police seize and destroy such recordings without a warrant or due process.
1
Q
PICTURES, VIDEO AND AUDIO OF POLICE OFFICERS
A
8.12
2
Q
- What amendment gives people the right to record officers.
A
- The first amendment
3
Q
- When does a person not have the right to record officers.
A
- If they jeapordize the safety of the officers, suspects, or individuals in the area.
- Violative the law
- Incite others to violate the law
- Actually obstruct or interfere with police from conducting official duties.
4
Q
- If while recording police, an individual becomes confrontational, provoking, or otherwise antagonistic toward police. What should police do before any restrictive police actions are taken.
A
- Call for a supervisor if safe to do so.
5
Q
- If while recording police the person violates the law, jeopardizes the safety of people , police shall:
- What if the person refuses.
- If person continues to interfere and obstruct government, through force, violence, physical interference, or obstacle. What is done
A
- Order the individual to move to a different location
- Then take necessary actions to ensure officer safety, the safety of the suspect , and other individuals.
- If at a minimum reasonable suspicion exists. Detain the suspect.
6
Q
- The mere fact that an individual has been detained or arrested does not give police the right to do what.
- What shall be done before arresting an individual
- The officer also has discretion to do what.
A
- Seize and search recording devices.
- Contact and discuss with a supervisor.
- Release the individual
7
Q
- If an arrest is made an police have probable cause to believe the recording device contains evidence what shall the officer do.
- When can it be viewed
- Unless what.
A
- Seize and place on a property receipts
- After the search warrant has been obtained.
- Unless there is exigent circus.
8
Q
- What shall police do if they believe a person has recorded evidence.
- What shall police prepare when consent is given to transfer the recording device rom the owner to police.
A
- Police shall request to transfer the recording device to police custody.
Or - Permit a copy of the media
- Prepare a complaint report 7538 and have them sign.
9
Q
- What will police do if the person refuses to give over device or media containing evidence and police believe the evidence will be permanently lost without immediate action police will;
A
- TEMPORARILY SEIZE the device and call for a supervisor.
- Document on a 48 all probable cause no exigency to seize the evidence
- If supervisor approves seizure, place on property receipt.
- Wait to view until a search warrant is obtained unless exigent
10
Q
- What will police no do with seized media.
A
- Police will no disseminate or copy any information that is not evidence of a crime or otherwise required for official purpose.