CC PACKET 10242017 - Laserfiche WebLink

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Members 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 a member 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. 30-7-1 CESSATION OF RECORDING Once activated, the portable recorder should usually remain on continuously until the member reasonably believes that his/her direct participation in the incident is complete or the situation no longer fits the criteria for activation. Recording may be temporarily ceased or the audio muted to exchange information with other officers, legal counsel, or the lens obstructed in order to avoid capturing images of undercover officers, informants, or citizens where based on training and experience, in the judgement of the officer a recording would not be appropriate or consistent with this policy. The reason to cease and resume recording (or to mute audio or obstruct the lens) will be noted by the officer either verbally on the portable audio/video recorder or in a written report. Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident. Formal statements recorded on portable audio/video recorders shall be recorded as separate recordings. Recordings shall be categorized, titled and identified in accordance with established policies and procedures. 30-7-2 WHEN ACTIVATION IS NOT REQUIRED Activation of the portable audio/video recorder system is not required: (a) During encounters with undercover officers or informants. (b) When an officer is on break or is otherwise engaged in personal activities. (c) In any location where individuals have a reasonable expectation of privacy, such as a restroom, locker room or break room. (d) When not in service or actively on patrol. 30-7-3 SURREPTITIOUS RECORDINGS Minnesota law permits an individual to surreptitiously record any conversation in which one party to the conversation has given his/her permission (Minn. Stat. § 626A.02). Members of the Department may surreptitiously record any conversation during the course of a criminal investigation in which the member reasonably believes that such a recording will be lawful and beneficial to the investigation. 32