DIRECTIVE 8.12

Question 1

1. Do private individuals have a right to record police officers during their duty.
2. Why
3. When do police violate a persons 4th and 14th amendment.

Answer 1

1. Yes they do.
2. It is a form of free speech.
3. When police seize and destroy such recordings without a warrant or due process.

Question 2

1. What amendment gives people the right to record officers.

Answer 2

1. The first amendment

Question 3

1. When does a person not have the right to record officers.

Answer 3

1. If they jeapordize the safety of the officers, suspects, or individuals in the area.
2. Violative the law
3. Incite others to violate the law
4. Actually obstruct or interfere with police from conducting official duties.

Question 4

1. 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.

Answer 4

1. Call for a supervisor if safe to do so.

Question 5

1. If while recording police the person violates the law, jeopardizes the safety of people , police shall:
2. What if the person refuses.
3. If person continues to interfere and obstruct government, through force, violence, physical interference, or obstacle. What is done

Answer 5

1. Order the individual to move to a different location
2. Then take necessary actions to ensure officer safety, the safety of the suspect , and other individuals.
3. If at a minimum reasonable suspicion exists. Detain the suspect.

Question 6

1. The mere fact that an individual has been detained or arrested does not give police the right to do what.
2. What shall be done before arresting an individual
3. The officer also has discretion to do what.

Answer 6

1. Seize and search recording devices.
2. Contact and discuss with a supervisor.
3. Release the individual

Question 7

1. If an arrest is made an police have probable cause to believe the recording device contains evidence what shall the officer do.
2. When can it be viewed
3. Unless what.

Answer 7

1. Seize and place on a property receipts
2. After the search warrant has been obtained.
3. Unless there is exigent circus.

Question 8

1. What shall police do if they believe a person has recorded evidence.
2. What shall police prepare when consent is given to transfer the recording device rom the owner to police.

Answer 8

1. Police shall request to transfer the recording device to police custody.
   Or
2. Permit a copy of the media
3. Prepare a complaint report 7538 and have them sign.

Question 9

1. 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;

Answer 9

1. TEMPORARILY SEIZE the device and call for a supervisor.
2. Document on a 48 all probable cause no exigency to seize the evidence
3. If supervisor approves seizure, place on property receipt.
4. Wait to view until a search warrant is obtained unless exigent

Question 10

1. What will police no do with seized media.

Answer 10

1. Police will no disseminate or copy any information that is not evidence of a crime or otherwise required for official purpose.

Question 11

PICTURES, VIDEO AND AUDIO OF POLICE OFFICERS

Answer 11

8.12