Score: -3 (13/0/16)

Santa Barbara County Grand Jury • 2011-2012

Citizen Access to Law Enforcement Audio/video Recordings To Be Seen or Not to Be Seen?

Published: October 07, 2011 6 pages

View Original PDF

⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings and Recommendations 7 findings

Government Code section 6252(f) allows law enforcement agencies discretion to provide citizen access to patrol vehicle audio/video recordings.

Related Recommendations (1)

That all Santa Barbara County law enforcement agencies permit citizens stopped by patrol officers to view audio/video recordings prior to filing a legal complaint or a juvenile petition.

Law enforcement agencies in Santa Barbara County do not provide routine citizen access to patrol vehicle audio/video recordings.

Related Recommendations (1)

That all Santa Barbara County law enforcement agencies provide verbal as well as a printed notice to citizens contacted by a patrol officer that there has been an audio/video recording of the incident and when and where they may view it.

Law enforcement agencies in Santa Barbara County do not routinely inform the affected citizen that there is an audio/video recording being made during a patrol vehicle stop.

Related Recommendations (1)

That the parent/guardian of a juvenile contacted by a patrol officer be informed that an audio/video recording of a contact with their child has been made and when and where they may view it.

Law enforcement agencies in Santa Barbara County do not routinely inform the parent/guardian that there is a patrol vehicle audio/video recording of the agency’s contact with their juvenile.

Related Recommendations (1)

That all Santa Barbara County law enforcement agencies that currently have patrol vehicle audio/video recording capability evaluate the financial savings and report to their city councils and/or Board of Supervisors the impact of initiating Recommendations 1, 2, and 3.

Law enforcement officials reported that, upon learning of patrol vehicle audio/video recordings, the overwhelming majority of citizens did not follow up or file complaints and/or lawsuits, thereby potentially saving governments considerable time and money.

Related Recommendations (1)

That the City of Guadalupe initiate Recommendations 1, 2, 3, and 4 as soon as audio/video equipment has been installed in its patrol vehicles.

The City of Guadalupe does not currently have the funds to install audio/video equipment in patrol vehicles.

Related Recommendations (1)

That the City of Santa Barbara initiate Recommendations 1, 2, 3, and 4 as soon as audio/video equipment has been installed in its patrol vehicles.

The City of Santa Barbara is in the process of obtaining audio/video recording equipment in all patrol vehicles.

No recommendations for this finding

Observations 11

OB1

Law enforcement agencies in Santa Barbara County do not routinely inform the parent/guardian that there is a patrol vehicle audio/video recording of the agency’s contact with their juvenile.
OB2

Law enforcement agencies in Santa Barbara County do not provide routine citizen access to patrol vehicle audio/video recordings.
OB3

Government Code section 6252(f) allows law enforcement agencies discretion to provide citizen access to patrol vehicle audio/video recordings.
OB4

Law enforcement agencies in Santa Barbara County do not routinely inform the affected citizen that there is an audio/video recording being made during a patrol vehicle stop.
OB5

4 Santa Barbara County Grand Jury CITIZEN ACCESS TO LAW ENFORCEMENT AUDIO/VIDEO RECORDINGS Law enforcement officials reported that, upon learning of patrol vehicle audio/video recordings, the overwhelming majority of citizens did not follow up or file complaints and/or lawsuits, thereby potentially saving governments considerable time and money.
OB6

The City of Guadalupe does not currently have the funds to install audio/video equipment in patrol vehicles.
OB7

The City of Santa Barbara is in the process of obtaining audio/video recording equipment in all patrol vehicles.
OB8

Citizens are not routinely informed by law enforcement personnel that patrol officer incidents are being recorded
OB9

Citizen access to A/V recording can be gained through legal processes, court requests, or subpoenas
OB10

Parents/guardians can access A/V recordings through legal processes
OB11

Legal restrictions that limit citizen access were cited as Government Code Section 6254, Oziel v. Superior Court (1990) 223 Cal. App. 3d 1284 and Walters v Superior Court (2000), 80 Cal. App. 4th 1074 The Jury then explored the possibility of a citizen or parent/guardian accessing A/V recordings prior to any legal proceedings being initiated. The Jury conferred with the Office of County Counsel to determine if there was any point between initial law enforcement contact and a possible criminal investigation when a citizen or parent/guardian could gain access to A/V recordings. The response to the Jury was as follows: 1. “... a law enforcement agency retains discretion to produce an investigative record, such as a video recording. (89 Ops.Cal.Atty.Gen. 204; 86 Ops.Cal.Atty.Gen. 132). Accordingly, an agency may allow the viewing of video recording by the person arrested or, in the case of a minor, his or her parent.”1 2. “It should be noted, however, that once discretion is exercised in favor of disclosing the video recording, the exemption of disclosure is waived and it must be provided to all who request it for viewing. (Government Code Section 6254.5).” It is clear, based on the above cited opinion, that there is legal discretion available to the heads of law enforcement agencies to provide citizen and parent/guardian access to A/V recordings prior to the filing of a legal complaint or juvenile petition. Given the short amount of time between the incident and possible filing of a legal complaint or juvenile petition, it follows that citizens should be informed immediately of their ability to access the A/V recording. The Jury believes this information should be both verbal and on a form or card that is given to citizens. The information should include whom to contact and how to contact them. As a practical matter it would be incumbent on the agency to directly contact a parent/guardian of the availability of an A/V recording of a law enforcement contact involving their child. It is unlikely that all juveniles would inform the parent/guardian 1 Government Code section 6252(f) Santa Barbara County Grand Jury 3 CITIZEN ACCESS TO LAW ENFORCEMENT AUDIO/VIDEO RECORDINGS that there is a recording available for viewing the incident. Law enforcement personnel were interviewed about important potential outcomes of allowing citizen access, such as:

Agency Responses 5

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

GPD

September 10, 2012 • 4 pages View Details ▾

PDF

Lompoc Police Department

August 08, 2012 • 5 pages • 8 responses • Score: 0 (+4, 0, -4) View Details ▾

PDF

8 responses to findings and recommendations

Government Code section 6252(f) allows law enforcement agencies discretion to provide citizen access to patrol vehicle audio/video recordings.

Response: Agree Score: +1

, audio and/or video recordings of law enforcement contacts with members of the public are most often associated with a criminal allegation and as such be subject to the discovery process under the California Penal Code and Evidence Code. The California Public Records Act protects investigative reports and evidence in an ongoing investigation. Nevertheless, audio and/or video recordings captured by equipment installed in patrol vehicles that are held as evidence or part of an investigation can be obtained through the discovery process. Pursuant to the Public Records Act and upon a request from...

That all Santa Barbara County law enforcement agencies permit citizens stopped by patrol officers to view audio/video recordings prior to filing a legal complaint or a juvenile petition.

Response: Will Not Implement

Score: -1

The Lompoc Police Department finds this recommendation to be impractical to the daily operations of the Department and hinder the timely processing of cases for presentation to the District Attorney's Office. The recommendation is particularly troublesome for those individuals who are in custody for their criminal actions as the Department must deal with strict time constraintsfortheprocessing andpresentation ofcases. As previously mentioned, audio and/or video recordings associated with criminal cases are considered evidence and are subject to the discovery process as prescribed by California...

Law enforcement agencies in Santa Barbara County do not provide routine citizen access to patrol vehicle audio/video recordings.

Response: Agree Score: +1

The Lompoc Police Department Agrees with Finding 2.

Response: Will Not Implement

Score: -1

Becausethere is no expectation ofprivacy ina law enforcement contact, officersarenot required to inform citizens that any audio and/or video recording of their contact with law enforcement is beingrecorded. The recommendation creates an expectation that does not account for any technical issues that may arise with audio and/or video recording equipment. Officers may be unaware that the equipment malfunctioned or failed to capture an event until after the contact with citizen is completed. As previously mentioned, audio and/or video recordings associated with criminal cases are considered evide...

Law enforcement agencies in Santa Barbara County do not routinely inform the affected citizen that there is an audio/video recording being made during a patrol vehicle stop.

Response: Agree Score: +1

The Lompoc Police Department Agrees with Finding 3.

That the parent/guardian of a juvenile contacted by a patrol officer be informed that an audio/video recording of a contact with their child has been made and when and where they may view it.

Response: Will Not Implement

Score: -1

Because there is no expectation of privacy in a law enforcement contact, officers are not required to inform citizens that any audio and/or video recording of their contact with law enforcement is being recorded. As previously mentioned, audio and/or video recordings associated with criminal cases are considered evidence and are subject to the discovery process as prescribed by California Penal Code Sections 1054 et seq. and the California Evidence Code. Recordings that are not deemed to be evidentiary or investigative in nature may be subject to release under the provisions of the California ...

Law enforcement agencies in Santa Barbara County do not routinely inform the parent/guardian that there is a patrol vehicle audio/video recording of the agency’s contact with their juvenile.

Response: Agree Score: +1

The Lompoc Police Department Agrees with Finding 4.

Response: Will Not Implement

Score: -1

It is the opinion of the City of Lompoc and the Lompoc Police Department that Recommendations 1, 2, and 3 of the 2011-2012 Santa Barbara County Civil Grand Jury would not result in any cost savings, but rather increase the fiscal burden of Department operations. The Lompoc Police Department often operates at minimum staffing levels, particularly in patrol operations. The proposal of additional time for officers to come into the station to review audio and/or video contacts with citizens contacted would result in delayed response time to emergency calls and place an undue burden upon the Depart...

Santa Barbara Police Department

May 29, 2012 • 4 pages • 5 responses • Score: -3 (+1, 0, -4) View Details ▾

PDF

5 responses to findings and recommendations

That all Santa Barbara County law enforcement agencies permit citizens stopped by patrol officers to view audio/video recordings prior to filing a legal complaint or a juvenile petition.

Response: Will Not Implement

Score: -1

This recommendation will not be implemented because it is not warranted or reasonable. The Santa Barbara Police Department maintains that any audio/visual recording obtained during a citizen contact by way of the mobile audio/video recording system that is deemed to be evidentiary in nature can currently be obtained through the discovery process. Audio/visual recordings of citizen contacts that are not of an evidentiary nature may be obtained under the provisions of the California Public Records Act. Recommendation 2: That all Santa Barbara County law enforcement agencies provide verbal as wel...

Response: Will Not Implement

Score: -1

This recommendation will not be implemented because it is not warranted or reasonable. The Santa Barbara Police Department maintains that there is no affirmative duty or legal requirement on the part of law enforcement to inform the public of the audio/video recordings obtained during the course of a citizen contact, since members of the public have no reasonable expectation of privacy during the course of these contacts. The Santa Barbara Police Department maintains that any audio/visual recording obtained during a citizen contact by way of the mobile audio/video recording system that is deem...

That the parent/guardian of a juvenile contacted by a patrol officer be informed that an audio/video recording of a contact with their child has been made and when and where they may view it.

Response: Will Not Implement

Score: -1

The recommendation will not be implemented because it is not warranted or is not reasonable. The Santa Barbara Police Department maintains that there is no affirmative duty on the part of law enforcement to inform the public of the audio/video recordings obtained during the course of a citizen contact since the public has no reasonable expectation of privacy during the course of these contacts. The Santa Barbara Police Department maintains that any audio/visual recording obtained during a citizen contact that is deemed to be evidentiary in nature can be obtained through the discovery process a...

Response: Will Not Implement

Score: -1

The recommendation wiil not be implemented because it is not warranted or is not reasonable. The Santa Barbara Police Department believes it is unreasonable to assume that an accurate fiscal analysis could be pursued given the large number of variables which exist in the scenario created in the above recommendation. Closing Comments/"Breakthrough Success" The Santa Barbara Police Department currently does not deploy an in-car video system; however, over the last several months the Santa Barbara Police Department has spent an enormous amount of staff time in reviewing and testing several system...

The City of Santa Barbara is in the process of obtaining audio/video recording equipment in all patrol vehicles.

Response: Agree Score: +1

The Santa Barbara Police Department agrees with the finding. Recommendation 6: That the City of Santa Barbara initiate Recommendations 1, 2, 3, and 4 as soon as audio/video equipment has been installed in its patrol vehicles. (See Below) Recommendation 1: That all Santa Barbara County law enforcement agencies permit citizens stopped by patrol officers to view audio/video recordings prior to filing a legal complaint or a juvenile petition.

Santa Maria Police Department

December 05, 2012 • 4 pages • 8 responses • Score: 0 (+4, 0, -4) View Details ▾

PDF

8 responses to findings and recommendations

Government Code section 6252(f) allows law enforcement agencies discretion to provide citizen access to patrol vehicle audio/video recordings.

Response: Agree Score: +1

The City agrees with the finding. Occasionally and at the discretion of the Police Department, law enforcement audio/video recordings of citizen contacts are made available for review to clarify and address specific citizen concerns with regard to Police conduct. An example of this would be reviewing the videotaped evidence of a vehicular traffic stop of a minor refusing to sign a citation with a parent following an arrest.

That all Santa Barbara County law enforcement agencies permit citizens stopped by patrol officers to view audio/video recordings prior to filing a legal complaint or a juvenile petition.

Response: Will Not Implement

Score: -1

This recommendation will not be implemented because it is not warranted or reasonable. ~---------------------------- ......----..-.. To implement the recommendation would place addition burden on the Police Departments already limited staff and would detract from their many duties. The Police Department maintains the position that any audio/video recording obtained of a citizen contact by utilizing the mobile audio/video recording system that is determined to be of evidentiary value can currently be obtained through the discovery process. Those same recordings of citizen contacts that are not...

Law enforcement agencies in Santa Barbara County do not provide routine citizen access to patrol vehicle audio/video recordings.

Response: Agree Score: +1

The Police Department agrees with the finding. Although the Police Department maintains the discretion to allow public access to audio/video recordings on occasion, routine access is nether warranted or desirable by the Police Department. This position is based upon impacts to staff, maintaining California Evidence Code integrities and investigative imperatives. Any audio/video recording of a law enforcement contact involving a citizen that has been deemed of evidentiary value can be obtained through the discovery process. The same actions can be applied to requests made for law enforcement a...

Response: Will Not Implement

Score: -1

This recommendation will not be implemented because it is not warranted or reasonable. The Police Department maintains the position there is no affirmative duty or legal responsibility on behalf of law enforcement to inform the public that a citizen contact is being audio/video recorded, as members of the public have no reasonable expectation of privacy during contacts with law enforcement personnel. The Police Department does not have the necessary staffing and available resources to sustain additional duties of informing the public of audio/video recordings by way of printed material.' or an...

Law enforcement agencies in Santa Barbara County do not routinely inform the affected citizen that there is an audio/video recording being made during a patrol vehicle stop.

Response: Agree Score: +1

The Police Department agrees with the finding. The Police Department maintains the position there is no duty or responsibility on the part of law enforcement to inform the public that a citizen contact is being audio/video recorded, as members of the public have no reasonable expectation of privacy during contacts with law enforcement personnel. The Police Department does require in existing policy that investigating officers ." document the use of a mobile audio/video recording system and the patrol unit number whenever a citizen contact results in a report of evidentiary value or citation be...

That the parent/guardian of a juvenile contacted by a patrol officer be informed that an audio/video recording of a contact with their child has been made and when and where they may view it.

Response: Will Not Implement

Score: -1

The recommendation will not be implemented because it is not warranted or is not reasonable. Again, the Police Department maintains the position there is no affirmative duty or legal responsibility on behalf of law enforcement to inform the public that a citizen contact is being audio/video recorded since members of the public have no reasonable expectation to privacy during contacts with law enforcement personnel. The Police Department maintains the position that any audio/video recording obtained of a citizen contact by utilizing the mobile audio/video recording system that is determined to...

Law enforcement agencies in Santa Barbara County do not routinely inform the parent/guardian that there is a patrol vehicle audio/video recording of the agency’s contact with their juvenile.

Response: Agree Score: +1

The Police Department agrees with the finding. The Police Department maintains the position there is no affirmative duty or responsibility on the part of law enforcement to inform the public that a citizen contact is being audio/video recorded, as members of the public have no reasonable expectation of privacy during contacts with law enforcement personnel. As aforementioned, on occasion, and at the discretion of the Police Department, audio/video recordings of citizen contacts are made available to the public to address citizen concerns.

Response: Will Not Implement

Score: -1

The recommendation will not be implemented because it is not warranted or is not reasonable. The Santa Maria Police Department currently faces significant staffing challenges to address and meet its law enforcement commitments to the community. All available •. - resources are being directed to focus on priorities identified within the community. The Police Departments ability to go forward with a fiscal analysis of this nature is severely limited. The Police Department is in agreement with the Sheriff's Office position, that implementation of the Grand Juries recommendations will have signifi...

Sheriff's Department

July 30, 2012 • 5 pages • 8 responses • Score: 0 (+4, 0, -4) View Details ▾

PDF

8 responses to findings and recommendations

Government Code section 6252(f) allows law enforcement agencies discretion to provide citizen access to patrol vehicle audio/video recordings.

Response: Agree Score: +1

The Sheriff's Office agrees with the finding. It should be noted that on occasion, and at the discretion of the Sheriff s Office, audio I video recordings of citizen contacts are made available to the public to address citizen concerns. An example of this would be reviewing the video -taped evidence indicative of intoxication with a parent following an arrest in Isla Vista subsequent to our annual Halloween enforcement operations. Finding 2: Law enforcement agencies in Santa Barbara County do not provide routine citizen access topatrol vehicle audio/visual recordings.

That all Santa Barbara County law enforcement agencies permit citizens stopped by patrol officers to view audio/video recordings prior to filing a legal complaint or a juvenile petition.

Response: Will Not Implement

Score: -1

This recommendation will not be implemented because it is not warranted or reasonable. To implement the recommendation would place additional burden on the Sheriffs Office' already limited staff and would detract from their many duties. The Sheriffs Office maintains that any audio I visual recording obtained during a citizen contact by way of the mobile audio video recording system that is deemed to be evidentiary in nature can currently be obtained through the discovery process. Audio I visual recordings of citizen contacts that are not of an evidentiary nature may be obtained under the provi...

Law enforcement agencies in Santa Barbara County do not provide routine citizen access to patrol vehicle audio/video recordings.

Response: Agree Score: +1

The Sheriff's Office agrees with the finding. However, the Sheriffs Office maintains the discretion to allow public access to audio I video recordings on occasion. Routine access is neither warranted nor desirable, based upon staff limitations, investigative imperatives, the integrity of the discovery process, and consistency with the California Evidence Code. Any audio I visual recording obtained during a citizen contact by way of the mobile audio I video recording system that is deemed to be evidentiary in nature can be obtained through the discovery process. Furthermore, audio I visual reco...

Response: Will Not Implement

Score: -1

This recommendation will not be implemented because it is not warranted or reasonable. The Sheriff Office maintains that there is no affirmative duty or legal requirement on the part of law enforcement to inform the public of the audio / video recordings obtained during the course of a citizen contact, since members of the public have no reasonable expectation of privacy during the course of these contacts. The Sheriff's Office does not have the available resources to absorb the additional discretionary duty of informing the public of the audio / video recordings by way of printed material, or...

Law enforcement agencies in Santa Barbara County do not routinely inform the affected citizen that there is an audio/video recording being made during a patrol vehicle stop.

Response: Agree Score: +1

The Sheriff's Office agrees with the finding. The Sheriff Office maintains that there is no affirmative duty on the part of law enforcement to inform the public of the audio Ivideo recordings obtained during the course of a citizen contact, , I,; ,/ / Santa Barbara County Sheriff's Office Response tothe Grand Jury 20//-2012 Report Citizen Access toLaw Enforcement Audio/Video Recordings - ToBe Seen orNot ToBe Seen? Page 2of4 as the public have no reasonable expectation of privacy during the course of contacts with law enforcement personnel. However, it should be noted that existing policy requ...

That the parent/guardian of a juvenile contacted by a patrol officer be informed that an audio/video recording of a contact with their child has been made and when and where they may view it.

Response: Will Not Implement

Score: -1

The recommendation will not be implemented because it is not warranted or is not reasonable. The Sheriff Office maintains that there is no affirmative duty on the part of law enforcement to inform the public of the audio / video recordings obtained during the course of a citizen contact since the public has no reasonable expectation of privacy during the course of these contacts. The Sheriff's Office maintains that any audio / visual recording obtained during a citizen contact that is deemed to be evidentiary in nature can be obtained through the Discovery process as prescribed in the Californ...

Law enforcement agencies in Santa Barbara County do not routinely inform the parent/guardian that there is a patrol vehicle audio/video recording of the agency’s contact with their juvenile.

Response: Agree Score: +1

The Sheriff's Office agrees with the finding. The Sheriff Office maintains that there is no affirmative duty on the part of law enforcement to inform the public of the audio Ivideo recordings obtained during the course of a citizen contact, since members of the public have no reasonable expectation of privacy during the course of these contacts. However, as stated previously, on occasion, and at the discretion of the Sheriffs Office, audio I video recordings of citizen contacts are made available to public to address citizen concerns. Recommendation 1: That all Santa Barbara County law enforce...

Response: Will Not Implement

Score: -1

The recommendation will not be implemented because it is not warranted or is not reasonable. The Sheriff's Office believes it is unreasonable to assume that an accurate fiscal analysis could be pursued given the large number of variables which exist in the scenario created in the above recommendation. Coupled with our current staffing challenges, the Sheriff's Office' ability to go forward with a fiscal analysis of this nature is severely limited, as any and all available resources / staffing are being directed to meeting our present mandates and fulfilling our front line law enforcement commi...