MVARS GO 100.61 Flashcards
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.
Sworn employees may manually activate a recording
under the following conditions:
(1) Preenforcement 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.
NOTE: If during the course of a crash investigation an arrest situation is
anticipated (e.g., impaired driver), MVARS activation shall become mandatory
Employees ______ 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).
Allied Agency Incidents. When not directly involved, sworn employees
_______ use MVARS equipment to record other law enforcement agency
actions without the expressed permission of the California Highway Patrol
(CHP) shift supervisor.
Shall not / Shall not
During events in which activation is mandated, employees are _________ to
record an entire event, or at least as much as their involvement will allow.
However, it is not the intent to capture video when the public contact has
concluded, and there is no evidentiary value in continuing the recording (e.g., the
time interval after completing a vehicle inventory and awaiting the arrival of a tow
truck).
required
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. 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.
Office of the Commissioner
A supervisor/OIC notification through ______ is required when a
previously functional MVARS unit becomes inoperative anytime during an
officer’s shift.
Dispatch
For the purposes of mandatory preshift inspection of MVARS units, the ________
, shall be utilized.
CHP 179, MVARS Inspection/Discrepancy Report
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 ______ cause a patrol vehicle to be placed out of
service.
Shall / does not
Employees shall use discretion when deciding whether or not to advise a person they are being recorded. Employees are
_________ to advise persons they are being recorded if the advisement may gain
compliance, deescalate a situation, or assist in the investigation, and does not
interfere with the investigation or officer safety. Employees are not required to
cease or initiate recording an event, situation, or circumstance solely at the demand of a civilian, involved party, or suspect.
Encouraged
All DVDs shall be retained for a period of not less than ______. Additional retention may apply in accordance with HPM 70.1.
one year
To provide transparency and allow for effective supervision, managers and supervisors are permitted to view MVARS recordings. However, the review process _______ focus on an individual employee absent justification. When reviewing a video, supervisors and managers are reminded to remain focused on the incident in question. Reviews are not intended for the purpose of identifying policy violations
when no allegation of misconduct exists.
Shall not
Examples of events which should routinely be reviewed by supervisors, managers, or other authorized personnel include:
(a) Any incident in which a member of the Department is severely injured
or killed during the performance of their duties.
(b) 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.
(c) Any in-custody death.
(d) 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.
(e) Any pursuit involving departmental participation.
(f) When any member of the Department intentionally or accidentally
discharges a firearm.
(g) When any member of the Department intentionally or accidentally
discharges an electronic control device at a person who is subsequently
struck. This would include the application of a drive stun.
(h) Any event causing a CHP 268, Risk Management Potential Civil
Litigation Report, or a STD. 270, Vehicle Accident Report, to be prepared
due to a severe injury to any party.
(i) Prior to the approved release of the recording outside the Department
in response to a legal request (e.g., formal or informal discovery request).
(j) For the purpose of proving or disproving specific allegations of
misconduct.
(k) For the purpose of identifying and diagnosing MVARS malfunctions by
a trained coordinator.
Supervisors ____ review a minimum of ___ MVARS event recordings in conjunction with an officer’s annual evaluation. A notation shall be made in the comments section of the annual appraisal documenting the review.
Shall / two
To refresh their memory of incidents, employees will be allowed and encouraged to review recordings of their activity prior to the following:
(1) The preparation of written documentation requested or required by the
Department.
(2) The preparation of written documentation, as defined in Government
Code (GC) Section 3306, or in preparation for the Informal Dispute Resolution
process, as defined in Article V, Section 13, of the Bargaining Unit 5 Memorandum of Understanding (MOU).
(3) Administrative interrogations/interviews conducted by the Department
(except as provided in paragraph 9.f.[3]). When MVARS recordings are used
as part of an administrative interrogation/interview, sworn employees and/or
their chosen representative shall be provided reasonable time, as well as the
means, to view the recording(s) prior to the interrogation/interview.
(4) Providing formal (voluntary or compelled) statements as a victim or
witness in an incident arising within the scope of the employee’s official duties.
For purposes of an officer-involved shooting or use-of-force case, officers will
be considered victims or witnesses, and thus permitted to review recordings of
the incident prior to providing formal statements.
(5) Preparing to testify in a criminal or civil proceeding, including preparing a
response to a civil discovery, arising from the employee’s official duties.
Recordings from MVARS may constitute a
nonpublic “investigative record” under the California Public Records Act (CPRA). A
fact-specific inquiry is required. Therefore, personnel shall consult the __________ in connection with every CPRA request for MVARS footage.
Office of Risk Management
