GO 100.61 USE OF MVARS

Question 1

MVARS shall be powered on and ready to record at all times when the vehicle’s engine is running.
True/False: This includes such times when the vehicle is not being driven in an enforcement capacity.

Answer 1

True

1-1

Question 2

Mandatory Activation: The MVARS RECORD function shall be activated during the following enforcement actions and activities:

(1) Enforcement contacts (including pedestrians).
(2) Pursuits.
(3) Emergency responses “Code 3.”
(4) Vehicle searches and inventories.
(5) Assisting disabled motorists.
(6) Confrontational interactions with members of the public (whether primary or assisting officer), to include civil disturbances, crimes in progress, or other situations in which the employee anticipates encountering a disturbance or uncooperative person(s).
(7) Pat down frisks or searches.

Question 3

Optional Activation. Sworn employees may manually activate a recording under the following conditions:

(1) Pre-enforcement stop observations (e.g., pacing speed violators, observation, and/or commentary of suspected driving under the influence violators).
(2) Contacts or other events for which the recording could be used as evidence to limit liability or resolve potential civilians’ complaints.
(3) Other incidents which have the potential to be used as evidence in any civil or criminal proceedings.
(4) To capture disaster and emergency occurrences (e.g., flood, earthquake, explosion).
(5) When conducting traffic crash investigations.

Question 4

True/False If during the course of a crash investigation an arrest situation is anticipated (e.g., impaired driver), MVARS activation shall become mandatory.

Answer 4

True

Question 5

Employees shall not/should not record conversations or interactions with other employees while not in an enforcement capacity (e.g., during breaks, while discussing administrative matters, tactical information, or when not otherwise engaged with members of the public).

Answer 5

shall not

Question 6

When not directly involved, sworn employees shall not/should not use MVARS equipment to record other law enforcement agency actions….

Answer 6

shall not

….without the expressed permission of the California Highway Patrol (CHP) shift supervisor

Question 7

True/False When recording an enforcement contact that leads to a physical arrest, employees may discontinue the recording while transporting the subject to a booking or detention facility.

Answer 7

True

If an arrestee becomes combative or uncooperative during transport, recording should be resumed if it can be done so safely.

Question 8

Commands shall/should ensure local standard operating procedures are developed to track, issue, and return wireless microphones and holsters.

Answer 8

shall

Wireless microphones must charge for at least four hours prior to use to obtain a full charge. Area supervisors and/or coordinators are responsible for implementing a rotation system that ensures officers do not begin a shift with a wireless microphone that has a dead battery.

Question 9

True/False MVARS shall remain powered on at all times an equipped vehicle’s engine is on. This applies whether or not the vehicle is being driven in an enforcement capacity and whether or not the vehicle’s operator is a sworn or nonsworn employee.

Answer 9

True

1-4

Question 10

True/False When a vehicle is not operated for enforcement purposes, the preshift check is not required and a disk will not be created and booked into evidence unless an event is generated.

Answer 10

True

1-4

Question 11

Retrieval of Loop Footage. In circumstances where there is a need to view buffer time between recorded events in the video review or to burn the loop contents, _________ approval must be acquired. These situations will be evaluated on a case-by-case basis.

Answer 11

Office of the Commissioner

All requests must be in writing and routed through the proper chain of command to the Office of the Commissioner. If access to loop footage is going to be requested, it is recommended that the MVARS unit be removed from the vehicle and secured.

Upon authorization, an administrative password will be used by authorized OIA personnel to access the loop video footage in question. Personnel from OIA will either respond to the requesting Area or make arrangements for the shipment of the MVARS unit to OIA for the retrieval of loop footage. The administrative password is unique to the Office of the Commissioner and shall not be used without written approval. Misuse of the administrative password could result in disciplinary action.

Question 12

If any malfunction, problem, or damage is detected at the time of the sworn employee’s inspection, a shift supervisor/officer in charge (OIC) shall/should be notified.

Answer 12

shall be notified immediately and a good faith effort shall be made to troubleshoot the problem.

If the problem cannot be resolved, the sworn employee must choose another patrol vehicle with a properly functioning MVARS unit. Supervisors and MVARS coordinators will be required to coordinate the troubleshooting/repair of nonfunctioning MVARS units over the telephone with RPS and/or WatchGuard service technicians.

Question 13

True/False: A supervisor/OlC notification through dispatch is required when a previously functional MVARS unit becomes inoperative anytime during an officer’s shift.

Answer 13

True

This would include only those malfunctions that cannot be easily resolved by the officer in the field. Sworn employees shall attempt to resolve minor operational malfunctions in the field prior to making notification. If the MVARS unit becomes inoperable at any time during the officer’s shift, the officer shall acquire another vehicle with an operational MVARS unit as soon as practical thereafter, except when no other MVARS equipped vehicles are available.

1-5

Question 14

If a malfunction is discovered after the pre-shift inspection, a CHP 179 shall/should be filled out by the employee and turned in to a supervisor prior to the end of shift.

Answer 14

shall

All malfunctions shall be documented, whether or not they are able to be corrected in the field.

Question 15

True/False: A hard copy of the CHP 179 shall only be completed when an MVARS unit, or any part/component, is found to be inoperable, malfunctioning, damaged, or missing.

Answer 15

True

The completed CHP 179 shall be reviewed and signed by a supervisor/OIC, and then forwarded to the Area/Division MVARS coordinator responsible for troubleshooting and repair of the MVARS unit. All completed CHP 179s shall be retained with the Area’s MVARS maintenance records (refer to paragraph 15. of this GO for maintenance and recordkeeping requirements).

Question 16

True/False: A malfunctioning MVARS unit causes a patrol vehicle to be placed out of service.

Answer 16

False

All patrol vehicles with properly working MVARS units shall 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.

Question 17

True/False Based on operational needs, Area commanders may establish criteria within the Area Standard Operating Procedures (SOP) which allows for the use of vehicles not equipped with MVARS

Answer 17

True. (e.g., Ford Expedition, Chevy Tahoe, older patrol vehicles not wired for MVARS, or in the event the Area does not have sufficient MVARS to outfit all patrol vehicles) prior to the use of patrol vehicles equipped with MVARS.

The criteria should be established as exceptions to paragraph 7.h.(5) when Area-specific conditions require the use of patrol vehicles not equipped with MVARS. Vehicles with MVARS that have been removed for maintenance or loop footage retrieval may be put into service under these conditions as well.

Question 18

When any sworn employee uses a patrol vehicle not equipped with MVARS, or in the event a sworn employee does not turn in a DVD due to an MVARS malfunction, the officer shall/should complete and sign the CHP 36D, Mobile In-Car Camera DVD Evidence Log, and a notation shall be made under the “Significant Event” column indicating the reason (e.g., MOTOR, MRE) a disk was not submitted for the assigned shift.

Answer 18

shall

This requirement applies to all scheduled officers, including motor officers and officers working enforcement overtime details.

1-6

Question 19

True/False During all mandatory record events, sworn personnel are required to record an entire event, or at least as much as their involvement will allow.

Answer 19

True