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7 • Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording. Police Officer’s should remain sensitive to the dignity of all individuals being recorded and exercise sound discretion to respect privacy by discontinuing recording whenever it reasonably appears to the member that such privacy may outweigh any legitimate law enforcement interest in recording. Requests by members of the public to stop recording should be considered using this same criterion. Recording should resume when privacy is no longer at issue unless the circumstances no longer fit the criteria for recording. At no time is an officer expected to jeopardize his/her safety in order to activate a portable recorder or change the recording media. However, the recorder should be activated in situations, described above, as soon as reasonably practicable. Access to Data Per state statute, when providing authorization to access data, the responsible authority for a law enforcement agency must establish written procedures to ensure that law enforcement personnel have access to the portable recording system data that are not public, only if authorized in writing by the chief of police, sheriff, or head of the law enforcement agency, or their designee, to obtain access to the data for a legitimate, specified law enforcement purpose. Officers shall document in the Post Note field of the Back End Client software the purpose for accessing any recorded file. This documentation is to clarify the reason for viewing the recording when developing the audit trail. SAPD Policy 30-8 covers officer review of recorded media files (Appendix A). The policy notes that when preparing written reports, members are permitted to review their recordings as a resource when writing reports. SAPD Policy 9-28 Officer-Involved Shootings and Deaths (Appendix B) places limitations on an officer’s ability to view recordings prior to offering a statement or writing a report in situations where officers have used or attempted to use deadly force. The policy falls in line with MN BCA Policy regarding the investigation of an Officer Involved Shooting (OIS) and indicates that when an Investigative Agent is taking a statement from a St. Anthony Police Officer, who used or attempted to use deadly force in a critical incident and the incident is captured on video or audio recordings, the officer will be requested to provide a voluntary interview of the facts and circumstances surrounding the incident. Neither the officer nor their attorney will be permitted to view the video prior to providing a voluntary statement. However, a peace officer may view the video following the voluntary interview, if they request to do so, to assist in clarifying any portion of their statement. The viewing of the video will be limited to the incident captured on the officer’s own dash camera or BWC. If, upon discussing the incident with legal counsel, the officer chooses not to provide a statement or write a report, neither the officer nor their attorney will be permitted to view the video. The decision to allow the officer and their attorney to view video will rest with the independent investigative authority, i.e., MN BCA and/or the authority given by law to a court to try cases and rule on legal matters. 25