Santa Barbara County Grand Jury • 2011-2012 • Agency Response
Response to: CITIZEN ACCESS TO LAW ENFORCEMENT AUDIO/VIDEO RECORDINGS: To Be Seen or Not to Be Seen?

Santa B~a~ Rd~a County Bill Brown Stations Sheriff -Coroner Headquarters Buellton

Published: July 30, 2012 5 pages
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Findings and Recommendations 4 findings

F1
Government Code section 6252(f) allows law enforcement agencies discretion to provide citizen access topatrol vehicle audio / video recordings. Response to Finding 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.
Related Recommendations (1)
R1
That all Santa Barbara County law enforcement agencies permit citizens stopped by patrol officers to view audio/video recordings prior tofiling a legal complaint or a juvenile petition.
F2
Law enforcement agencies in Santa Barbara County do not provide routine citizen access topatrol vehicle audio/visual recordings. Response to Finding 2: 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 recordings of citizen contacts that are not of an evidentiary nature may be obtained by the public under the provisions of the California Public Records Act. As stated previously, 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. Such releases are evaluated on a case by case basis.
Related Recommendations (1)
R2
That all Santa Barbara County law enforcement agencies provide verbal as well as aprinted notice to citizens contacted by apatrol officer that there is an audio/video recording of the incident and when and where they may view it.
F3
Law enforcement agencies in Santa Barbara County do not routinely inform the affected citizen that there is an audio/video recording being made during apatrol vehicle stop. Response to Finding 3: 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? of4 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 requires that the investigating deputy document the use of the mobile audio I video recording system wherever a citizen contact results in a report or citation that is generated.
Related Recommendations (1)
R3
That the parent/guardian of ajuvenile 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.
F4
Law enforcement agencies in Santa Barbara County do not routinely inform the parent/guardian that there ispatrol vehicle audio/visual recording of the agency's contact with theirjuvenile. Response to Finding 4: 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.
Related Recommendations (1)
R4
That all Santa Barbara County law enforcement agencies that currently have patrol vehicle audio/video recording capability evaluate thefinancial savings and report to , ;1/ Santa Barbara County Sheriffs Office Response to the Grand Jury 2011-2012 Report Citizen Access toLaw Enforcement Audio/Video Recordings - ToBe Seen orNot To Be Seen? Page s ofs their city councils and/or Board of Supervisors the impact of initiating Recommendations 1, 2, and 3.