Directive 8.12 Videos of Officers in Public , Flashcards
According to Directive 8.12 Videos of Officers in Public , True or False , police personnel are prohibited from blocking , obstructing, or otherwise hindering the recording of Departmental personnel while in the public discharge of their duties
TRUE
According to Directive 8.12 Videos of Officers in Public , A person recording can be arrested for the following
- When recording officers jeopardizes officer safety
2.Persistently engaging an officer who is the midst of
his or her duties.
3.When inciting others to violate the law.
According to Directive 8.12 Videos of Officers in Public , True or False , Whenever a video and or recording device is seized for evidence , it will be viewed immediately to see the recording
FASLE : If there is no exigency or immediate law enforcement need to view the recording device, it shall not be viewed until a search warrant or court order has been obtained.
According to Directive 8.12 Videos of Officers in Public , True or False , Officers shall request a Supervisor to responded to the scene if they impede or block an individual from recording their actions.
True
According to Directive 8.12 Videos of Officers in Public , True or False , Detective Supervisors will Ensure Detective’s do not copy or disseminate any information or images from such devices or media seized or provided that is not evidence of a crime or otherwise required for any official departmental purpose.
True
According to Directive 8.12 Videos of Officers in Public , True or False, Private individuals have a First Amendment right to observe and record police officers engaged in the public discharge of their duties
True
According to Directive 8.12 Videos of Officers in Public , True or False , All police personnel , in a public space , should reasonably anticipate and expect to be photographed , videotaped by members of the general public .
True
According to Directive 8.12 Videos of Officers in Public
SUPERVISOR PROCEDURE
A. A Supervisor shall respond to the scene where any individual recording police officers engaged in the public discharge of their duties:
- Has become confrontational, provoking, or otherwise antagonistic towards the
officers, - May possess evidentiary material,
- Where a recording or recording device was seized by officers based upon
probable cause, or - Where the recording individual has jeopardized the safety of the officer, the
suspect or others in the immediate vicinity, violated the law, incited others to
violate the law, or actually obstructed an officers official duties and restrictive
actions were taken.
According to Directive 8.12 Videos of Officers in Public
Once on scene, the Supervisor shall:
- Consult with the on-scene officers and gather all available facts.
- Attempt to de-escalate or otherwise intercede to prevent the incident from
escalating (CIT Officers, who are trained in de-escalation techniques, can be used
to support any de-escalation efforts). - If restrictive action was necessary by the officer prior to the supervisor’s arrival,
review the facts and circumstances to determine if the restrictive actions taken were
the least intrusive possible under the circumstances and whether they should
continue. - Review the probable cause of any arrests made by officers. If probable cause to
arrest does not exist, have the individual released and ensure the officer completed
an accurate 75-48A. - If responding to the scene because police have probable cause to believe that a
member of the general public has recorded evidence of a crime in progress or
other evidence of a crime and the individual refuses to voluntarily transfer the
recording device or media to police custody or permit a copy of the
media/evidence to be made AND police reasonably believe such evidence will be
permanently lost without immediate action.
According to Directive 8.12 Videos of Officers in Public
According to Directive 8.12 Videos of Officers in Public ,IF police reasonably believe such evidence will be
permanently lost without immediate action, the Supervisor shall:
a. Consult with the seizing officer and review the facts and circumstances
surrounding the probable cause and exigency to seize the recording device
and/or media without a warrant. If the seizure was proper, the Patrol
Supervisor shall advise the seizing officer to handle the recording device
and/or media consistent with Directive 12.15 and notify a Supervisor in the
Detective Division of occurrence who shall ensure an affidavit for a search
warrant is submitted to the District Attorney’s Office in a timely manner.
b. If there is no immediate law enforcement need to view the recording device
and/or media, ensure the recording device and/or media is not viewed by
patrol officers until a search warrant has been obtained.
c. If the immediate seizure was not based upon probable cause and there is no
legitimate fear the evidence would be lost, the recording device and/or media
shall be immediately returned to the owner. The supervisor shall contact the
Detective Division of occurrence Supervisor with all pertinent information for
the assigned investigator to begin an application for a search warrant.
According to Directive 8.12 Videos of Officers in Public
According to Directive 8.12 Videos of Officers in Public ,If responding to a scene where any media or recording device was voluntarily
provided to the police, the Supervisor shall
l review the circumstances of any
consent provided confirming that the consent to search was made voluntarily and
that the proper documentation of such consent was completed by the officer in
accordance with Directive 5.7, “Search Warrants.”
USING PERSONAL RECORDING DEVICES WHILE INSIDE POLICE
FACILITIES
A. Personnel are not permitted to record any video or electronically intercept any oral
communication with any personal recording device while ?
inside any police facility
area that is off limits to the general public. This includes, but is not limited to, offices, operations rooms, cell rooms and locker rooms. These are considered non-public spaces.
