GO 100.61 - USE OF MOBILE VIDEO/AUDIO RECORDING SYSTEMS

Question 1

The [MVARS] digital media ______ routinely be reviewed to generate monthly and/or annual employee performance evaluations, nor shall recordings be randomly viewed for the sole purpose of locating policy and/or criminal violations. Page 1, 2.

Answer 1

shall not

Question 2

Sworn employees who operate MVARS equipment, and those who immediately supervise or manage such employees, shall review this policy on an _______basis. Page 1, 3.

Answer 2

annual

Question 3

It is the Department’s policy MVARS _______ powered on at all times during an employee’s shift except in instances stated within paragraph 5, Usage Procedure, Battery Life Preservation. Page 1, 3.

Answer 3

shall be

Question 4

The following enforcement actions and activities ______be video and audio recorded in their entirety: Page 1-2, 3.a. (1-5)

(1) Enforcement contacts (including pedestrians on the freeway).

(2) Pursuits.

(3) Emergency responses “Code 3.”

(4) Vehicle searches (excludes vehicle inventories).

(5) Disabled motorists.

Answer 4

shall

Question 5

The WatchGuard DV-1 Basic has the potential for a _______loop, yet varies depending on storage and settings. The loop allows the MVARS unit to continuously capture camera footage and reserves it in the 40 GB hard drive without activating the record function. Page 3, 5.d.(1)

Answer 5

40 hour

Question 6

Pre-event recordings are attached to their respective recorded events, but have no ______. A post event record feature is offered, however, it is not activated by the Department. Page 3, 5.d.(1)

Answer 6

audio

Question 7

Once the DVD is ejected, the officer will no longer be able to review any content within the video review because ejecting the disk ends the shift. In situations where it is deemed necessary to view recorded event footage which has been protected, the command ______ view the events by utilizing the supervisor password. Once a DVD is ejected, buffered video is not available to the command. The use of the supervisor password is dictated by the commander. Page 4, 5.d.(3)

Answer 7

may

Question 8

In circumstances where there is a need to view buffer time between events in the video review or burn the loop contents via the “define a new event” function _______ approval must be acquired. Page 4, 5.d. (4)

Answer 8

Commissioner

Question 9

The supervisor level of protection has an assigned password. Supervisors will not be able to continue without entering the appropriate password when the password prompt appears. The supervisor password is assigned to the _________. Page 4, 5.d. (4)(b)

Answer 9

Area commander

Question 10

The Office of the Commissioner shall maintain a log of persons granted access to the administrative password. The log shall contain the date, reason for access, name of individual granted access, and identification number. The log shall be retained for a period of _______, rotating. Page 4, 5.d. (4)(c)1

Answer 10

three calendar years

Question 11

The name of the individual who utilized the administrative password, as well as the date recording information was obtained,_________documented in the chronological summary of the criminal or administrative investigation conducted by the Department. Page 4, 5.d. (4)(c)3

Answer 11

shall be

Question 12

Because the DV-1 Basic in-car camera diminishes the vehicle battery life, sworn employees may turn off MVARS manually when the vehicle engine is turned off in the following instances: Page 5, 5.e (1-4)

Answer 12

(1) When the vehicle is unoccupied for an extended period of time at any booking facility, medical facility, or Area office for the purposes of processing arrestees, conducting investigations, or report writing.

(2) During court appearances.

(3) During the course of fixed post duties lasting 30 minutes or more.

(4) During circumstances which would require the vehicle engine to be turned off for an extended period of time outside of normal enforcement duties.

Question 13

If any malfunction, problem, or damage is detected at the time of the sworn employee’s inspection, a shift supervisor/officer in charge (OIC)_______ be notified immediately and a good faith effort shall be made to troubleshoot the problem. If the problem cannot be resolved, the sworn employee _______ choose another patrol vehicle with a properly functioning MVARS unit. Page 5, 5.g (1

Answer 13

shall/must

Question 14

A supervisor/OIC notification through dispatch is required when a fully functional MVARS unit becomes inoperative anytime during an officer’s shift. If the MVARS unit becomes inoperable at any time during the officer’s shift, the officer _______acquire another vehicle with an operational MVARS unit as soon as practical thereafter, except when no other MVARS equipped vehicles are available. Page 6, 5.g (2)

Answer 14

shall

Question 15

. For the purposes of mandatory inspection of MVARS units, the CHP 179, MVARS Pre-Shift Checklist, _______ be utilized. Commands may laminate the form and use it as a guide when completing the required inspection in order to prevent unnecessary form use when MVARS units are found to be fully functional during the inspection. Page 6, 5.g (3)

Answer 15

Shall

Question 16

All patrol vehicles with properly working MVARS units ______ be utilized prior to any other type of patrol vehicles without MVARS units. A malfunctioning MVARS unit does not cause a patrol vehicle to be placed out of service. Page 8, 5.g (6)(n)

Answer 16

shall

Question 17

During all mandatory record events, sworn personnel are required to record an ______ event, or at least as much as their involvement will allow. Page 9, 5.j.

Answer 17

entire

Question 18

The LED lights on the DV-1 Basic illuminate to indicate when the wireless microphone has been activated continuously; however, this function has been ________within the Department software settings. At no time should this feature be _______. Page 9, 5.k.

Answer 18

deactivated /reactivated

Question 19

The wireless microphone transmitter does have a functional MUTE button. In order to comply with the current video and audio recording requirements under paragraph 3.a., Policy, of this GO, the MUTE button _______ be used. Page 9, 5.k.(1)

Answer 19

shall not

Question 20

When not directly involved, sworn employees ________use MVARS equipment to record other law enforcement agency actions without the expressed permission of the CHP shift supervisor. Page 9, 5.n.

Answer 20

shall not

Question 21

. It is not necessary for sworn employees to volunteer the fact that the enforcement contact is being recorded. However, if asked, sworn employees ________advise as to whether or not MVARS is in the RECORD mode. Sworn employees are ________ to cease or initiate recording an event, situation, or circumstance solely at the demand of a civilian, involved party, or suspect. Page 10, 5.p.

Answer 21

shall /not required

Question 22

All DVDs shall be retained for a period of not less than ________. Additional retention may apply in accordance with HPM 70.1. Page 10, 6.c.

Answer 22

one year

Question 23

As all DVDs are the property of the Department, the copying of DVDs by CHP personnel for unauthorized/personal use is _______. Page 11, 7.a.

Answer 23

prohibited

Question 24

Supervisor and Manager Viewing of Event Video Recordings. The system was not designed for the sole purpose of generating monthly and/or annual employee performance evaluations nor for the sole purpose of locating policy violations. However, event recordings may be viewed limited to the following threshold incidents: Pages 11-12, 7.b.(1-8)

Answer 24

1) Any incident in which a member of the Department is severely injured or killed during the performance of their duties.

(2) Any incident involving the use of force by a member of the Department, including canines, which results in the death or severe injury to a suspect or bystander.

(3) Any in-custody death.

(4) Any incident involving a patrol vehicle collision which results in death or severe injury to a party or both parties, other than a member of the Department, when the liability appears to be that of the Department.

(5) Any pursuit involving departmental participation.

(6) When any member of the Department intentionally or accidentally discharges a firearm at a person regardless whether an individual is struck.

(7) When any member of the Department intentionally or accidentally discharges a Conductive Energy Weapon at a person who is subsequently struck. This would include the application of a drive stun.

(8) Any event causing a CHP 268, Potential Civil Litigation Report, or a STD 270, Vehicle Accident Report, to be prepared due to a severe injury to any party

Question 25

Managers, supervisors, or other authorized personnel may only review non-threshold event video recordings under the following circumstances: Pages 12, 7.c.(1-4)

Answer 25

(1) Anytime an employee responsible for the MVARS event recording voluntarily agrees to the viewing. Supervisors shall not direct the employee to consent to the viewing of an event.

(2) Prior to the approved release of the recording outside the Department in response to a legal request (e.g., Public Records Act request, Information Practices Act request, formal or informal discovery request).

(3) For the purpose of proving or disproving specific allegations of misconduct.

(4) In circumstances where there is a need to review recorded event video not covered above, the Division commander’s approval shall be obtained and the OER shall be notified. Each circumstance will be evaluated on a case by case basis.

Question 26

If unrelated improper conduct is discovered during the review of MVARS video, the following will apply:

Answer 26

(a) Conduct not rising to the level of adverse action should be viewed as a training opportunity. The manager or supervisor should discuss the incident with the employee (i.e., informal counseling).

Question 27

If unrelated improper conduct is discovered during the review of MVARS video, the following will apply:

Answer 27

(b) If the employee has engaged in previously discussed similar misconduct, and the conduct does not warrant adverse action, the manager or supervisor should take the following actions:

1 Discuss the incident with the employee (formal counseling) and document accordingly (CHP 100, Officer’s Evaluation/Activity Summary; CHP 100PSD, Monthly Job Performance Summary; or Memorandum of Counseling), or,

2 Commander approval shall be obtained when issuing corrective action documentation (e.g., Memorandum of Direction or CHP 2, Incident Report) for misconduct unrelated to the incident at hand.

3 Nothing in this section prohibits disciplinary action, with commander’s approval, for those instances where the behavior or action becomes habitual after being addressed informally (i.e., informal counseling). Page 13, 7.d.(1)(a-b) 1-3

Question 28

Sworn employees are _________ to review their shift recording(s) prior to preparing written reports or providing civil/criminal testimony. Page 13, 7.e.

Answer 28

strongly encouraged

Question 29

Administrative interrogations/interviews conducted by the Department. When video and/or audio recordings are used as part of an administrative interrogation/interview, sworn employees and/or their chosen representative _______ be provided reasonable time, as well as the means, to view the recording(s) prior to the interrogation/interview. Page 14, 7.e.(3)

Answer 29

shall

Question 30

Copying, viewing, and releasing of digital media maintained for evidence in criminal proceedings ________ be coordinated through the district attorney’s office. Page 14, 7.f.(1)

Answer 30

shall

Question 31

The existence of video/audio recordings retained and kept as evidence for possible civil litigation must be disclosed to the prosecutor in a criminal proceeding; however, release of the DVD is protected by attorney client privilege. Copying, viewing, and releasing of such DVDs ________ be coordinated through Legal Affairs Section, Case Management Unit. Page 14, 7.f.(1)(b)

Answer 31

shall

Question 32

Each Division and Area command that maintains MVARS equipment ________develop a method of documentation which associates MVARS CHP asset tag numbers with the license plate number of the vehicle in which the MVARS are installed. Page 18, 12.

Answer 32

shall

Question 33

All MVARS unit repair records are required to be retained ________MVARS unit unless noted otherwise. Page 18, 12.

Answer 33

for the life of the