HomeMy WebLinkAbout2023-10-23; Community-Police Engagement Commission; ; Presentation of Potential New Policy Covering Surveillance Camera Use for InvestigationsMeeting Date:
To:
From:
Staff Contact:
Community-Police Engagement Commission
Staff Report
Oct. 23, 2023
Community-Police Engagement Commission
Sheila Cobian, Legislative & Constituent Services Director
Mickey Williams, Police Chief
mickey.williams@carlsbadca.gov, 442-339-3130
Subject: Presentation of Potential New Policy Covering Surveillance Camera Use for
Investigations
District: All
Recommended Action
Receive a presentation regarding a potential new policy covering surveillance camera use for
investigations and provide feedback to staff. The presentation will include an explanation of the
current policy as well as an explanation of a potential new policy.
Executive Summary
Staff will provide the presentation, respond to Commissioner questions, and request feedback
on the potential new policy.
Fiscal Analysis
This action has no fiscal impact.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project
within the meaning of the Ca lifornia Environmental Quality Act under California Public
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change in the environment or a reasonably foreseeable indirect physical change in the
environment.
Exhibits
1. Aug. 3, 2023, Council Memorandum -Police Depa rtment Mobile Camera Use
2. Draft Proposed New Policy-Surveillance Camera Use for Investigations Policy
Oct. 23, 2023 Item #2 Page 1 of 7
Exhibit 1
{city of
Carlsbad
Memo ID# 2023084
Council Memorandum
August 3, 2023
To:
From:
Via:
Re:
Honorable Mayor Blackburn embers of the City Council
Mickey Williams, Chief of Po ii-. ... -
Scott Chadwick, City Manag r
Police Department Mobile
This memorandum provides information related to the use of mobile video cameras by the
Carlsbad Police Department. The Police Department operates mobile video cameras for the
purpose of enhancing public safety.
Background
The Police Department is committed to Constitutional Policing and only utilizes cameras in an
ethical manner that is consistent with relevant laws, specifically the 4th Amendment to the
United States Constitution, which protects persons from unreasonable search and/or seizure by
law enforcement.
The Police Department operates video cameras in an effort to effectively allocate and deploy
resources, and to enhance public safety and security in public areas. Cameras may be placed in
strategic locations to detect or deter crime, to help safeguard against potential threats to the
public, to help manage emergency response situations during natural and man-made disasters
and to assist city officials in providing services to the community. The cameras only record
images and do not record sound.
Surveillance cameras are valuable tools that can aid police investigations in the following ways:
o To piece together the sequence of events leading up to a crime.
o To monitor activity around high value or high threat areas.
o To assist in identifying, apprehending, and prosecuting offenders.
o To assist in gathering evidence for criminal and civil court actions.
o To help emergency services personnel maintain public order.
o To monitor pedestrian and vehicle traffic activity.
o To assist in providing effective public services.
Law and Policy:
The use of all cameras by the Police Department is governed by law and department policy.
The Police Department only deploys cameras in locations that are lawful under applicable law.
Police De,e3!~.!11ent
2feoN;dWWay I Carlsbad, CA 92010 I 442-339-2100 t Item #2 Page 2 of 7
Council Memo -Police Department Mobile Camera Use (Districts -All)
August 3, 2023
Page 2
Furthermore, the Police Department has several policies that require department employees to
abide by legal requirements when engaged in departmental activities such as deploying
cameras.
Policy 100.5 CONSTITUTIONAL REQUIREMENTS; All members shall observe and comply with
every person's clearly established rights under the United States and California Constitutions.
Policy 322.2 POLICY; It is the policy of the Carlsbad Police Department to respect the
fundamental privacy rights of individuals. Members of this department will conduct searches in
strict observance of the constitutional rights of persons being searched. All seizures by this
department will comply with relevant federal and state law governing the seizure of persons
and property. (It should be noted that an illegal use of a camera by law enforcement would
likely be considered an illegal search.)
Policy 503.4 PRIVACY; The use of the Sky Watch Tower potentially involves privacy
considerations. Absent a warrant or exigent circumstances, operators and observers shall not
intentionally record or transmit images of any location where a person would have a reasonable
expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take
reasonable precautions to avoid inadvertently recording or transmitting images of areas where
there is a reasonable expectation of privacy. Reasonable precautions can include, for example,
deactivating or turning imaging devices away from such areas or persons during the Sky Watch
Observation Tower operations.
Policy 378.2 POLICY; Video surveillance in public areas will be conducted in a legal and ethical
manner while recognizing and protecting constitutional standards of privacy.
Police Department Policy 378 also provides operational guidelines, storage, and review or
release direction for cameras and/or video recordings within the Public Safety Camera System.
Next Steps
The Police Department will continue to serve and protect the community in a manner
consistent with Constitutional Policing.
Additionally, at the next Community Police Engagement Commission meeting, the Police Chief
will present a draft department policy that specifically addresses the deployment of cameras
for investigative purposes. This new policy will provide additional departmental direction with
respect to mobile camera deployment for the purposes related to crime or incident
investigation. This additional policy will serve a different purpose than the existing Policy 378
which primarily addresses public safety cameras at public faci lities. The presentation to the
Commission will provide an opportunity for the Commissioners and community to provide
input on this proposed policy amendment prior to implementation.
Oct. 23, 2023 Item #2 Page 3 of 7
Council Memo -Police Department Mobile Camera Use (Districts -All)
August 3, 2023
Page 3
cc: Geoff Patnoe, Assistant City Manager
Cindie McMahon, City Attorney
Oct. 23, 2023 Item #2 Page 4 of 7
DRAFT Proposed New Policy
SURVEILLANCE CAMERA USE FOR INVESTIGATIONS POLICY
PURPOSE
Exhibit 2
It is the purpose of this policy to provide guidelines for conducting video surveillance operations
and establishing internal control processes and procedures to ensure the protection of
individuals' civil rights and to ensure the efficiency and the effectiveness of video surveillance
operations.
POLICY
It is the policy of the Carlsbad Police Department that all uses of surveillance cameras will be
conducted in a manner that observes and complies with every person's clearly established
rights under the United States and California Constitutions, and applicable law.
Covert and non-covert video camera surveillance use is imperative for investigating some crimes
and collecting intelligence required for legitimate law enforcement purposes. However, the use
of video cameras for surveillance purposes may not be appropriate and, if used, can have
associated risks. It is the policy of the Carlsbad Police Department to employ video surveillance
methods only where they can be justified in accordance with principles and operational
protocols established in this policy.
SURVEILLANCE CAMERA DEFINED
A surveillance camera is a camera that is deployed on a temporary basis in furtherance of a law
enforcement investigation, or to collect intelligence related to a legitimate law enforcement
concern. A surveillance camera may be covert or non-covert based on the law enforcement
objective and intent.
OPERATIONAL GUIDELINES
A. AUTHORIZATION BY DEPARTMENT SUPERVISOR REQUIRED
The scope, intent and use of video camera surveillance must be approved, prior to the
deployment of a video camera, by a sergeant or higher-ranking supervisor.
A request and approval to use a video camera for surveillance purposes shall consider, but shall
not necessarily be limited to, the following issues:
a. Specific facts and circumstances upon which the use of the video camera surveillance
is believed to be appropriate.
b. Identification of objectives and anticipated results of the operation.
Oct. 23, 2023 Item #2 Page 5 of 7
c. Anticipated duration of the operation and timeline for activities, where applicable.
d. Risks associated with the operation, including the following:
l. Risk of personal injury, property damage, or financial loss.
2. Potential damage to departmental image/reputation that may result in a loss
of the public's trust, support, or both.
2. Risk of civil liability.
3. Risk of violating legal rights, including privileged or confidential
communications (e.g., attorney-client privilege).
4. Other potential risks to officers, suspects, third parties, or the department.
5. Risk of not undertaking the video surveillance.
B. LIMITATIONS ON THE USE OF VIDEO CAMERA SURVEILLANCE
The following prohibitions shall be observed when deploying video surveillance cameras.
The following are prohibited:
a. Illegal means of collection, maintenance, and dissemination of information.
b. The use of video camera surveillance in an unprofessional or unethical manner.
c. The use of video camera surveillance to invade the privacy of individuals, to look into
private areas or areas where the reasonable expectation of privacy exists (absent a
valid court order).
d. The use of video camera surveillance to harass, intimidate or discriminate against
any individual or group.
e. Collection of information on persons' political or religious beliefs or sexual activities
that is not or cannot be linked reasonably to a criminal activity.
f. Dissemination of information of investigative interest to any individual or
organization that does not have a legitimate law enforcement purpose.
g. Conducting video surveillance on advocacy groups or others engaged in expressive
association without a compelling state interest or a reasonable suspicion of criminal
activity. However, in the event of planned or unplanned public protest or gathering, the
use of video camera surveillance may be utilized for situational awareness intelligence
provided the camera usage does not view an area of reasonable expectation of privacy.
h. Video camera surveillance shall not exceed the scope or intent of activities as
approved by a police department supervisor.
Oct. 23, 2023 Item #2 Page 6 of 7
C. NOTIFICATION OF RECORDINGS
The decision whether to notify persons of recordings of a lawful and approved video camera
surveillance operation shall be at the discretion of the approving supervisor for the operation.
It is the intent of the department to not unnecessarily record persons without their knowledge.
However, due to investigative purposes and/or practical limitations, it may not be reasonable to
provide notice of recordings.
D. MEDIA STORAGE
All media will be stored in a secure area with access restricted to authorized persons.
Recordings not otherwise needed for official reasons shall be retained for a period of not less
than one year and thereafter should be erased with the written consent of the City Attorney.
Any recordings needed as evidence in a criminal or civil proceeding shall be transferred and
booked into evidence in accordance with current evidence procedures.
E. REVIEW OF VIDEO IMAGES
The review of video images shall only be conducted for legitimate law enforcement purposes
and must be consistent and aligned with the authorization obtained from a department
supervisor as referenced earlier in this policy.
F. RELEASE OF VIDEO IMAGES
Video recordings shall only be released with the authorization of the Chief of Police or his/her
designee, and in a manner consistent with applicable law.
Oct. 23, 2023 Item #2 Page 7 of 7
Mickey Williams, Police Chief
Police Department
October 23, 2023
New Policy: Deployment of
Cameras for Investigations
1
TODAY’S PRESENTATION
•Current Policy (Policy 378)
–Public Safety Video Surveillance System
•Proposed Additional Policy
–Surveillance Camera Use for Investigations
•In response to concerns raised over the
Summer
–Use of a pod camera in the Village/Barrio
ITEM 2: NEW CAMERA POLICY
2
4TH AMENDMENT
•Protects “[t]he right of the people to be
secure in their persons, houses, papers and
effects, against unreasonable searches and
seizures.”
ITEM 2: NEW CAMERA POLICY
3
4TH AMENDMENT
•Factors indicating that an inspection or surveillance is NOT a
“search” include:
•The observations are made in a non-physically intrusive
manner.
•Government is observing from a legal vantage point
•The government is not using advanced, widely unavailable
technology.
•The government does not intrude or receive data on intimate
activities associated with the private use of property.
ITEM 2: NEW CAMERA POLICY
4
CURRENT POLICY 378
•Provides operational guidelines for system
•Cameras are recorded, not monitored
•Recordings retained for 1 year
•Created for city infrastructure cameras
ITEM 2: NEW CAMERA POLICY
5
PROPOSED NEW POLICY
•Addresses temporary surveillance cameras
•Cameras deployed for investigative
purposes
•Ensures legal use, protecting individual civil
rights
•Requires request to deploy, specific facts to
support the appropriateness
ITEM 2: NEW CAMERA POLICY
6
PROPOSED NEW POLICY
•Identification of the objectives and
anticipated results
•Consideration of the potential risks of
deployment
•Supervisor approval
ITEM 2: NEW CAMERA POLICY
7
PROPOSED NEW POLICY
•Policy will PROHIBIT the following:
•Illegal, unethical, and unprofessional use
•Use to harass, intimidate, or discriminate
•Use based on political/religious beliefs, or
sexual activities not linked to criminal acts
•Suppression of lawful Free Speech
•Supervisor approval
ITEM 2: NEW CAMERA POLICY
8
PROPOSED NEW POLICY
•Storage of recorded media for 1 year (min)
•Only accessible by authorized personnel
with a legitimate purpose
•Release of video only upon authorization of
Chief of Police, and consistent with
applicable law
•Supervisor approval
ITEM 2: NEW CAMERA POLICY
9
NEXT STEPS
•Receive Commission and Community
feedback
•Make potential adjustments
•Create policy by Special Order
•Post new policy on our webpage
ITEM 2: NEW CAMERA POLICY
10
QUESTIONS OR FEEDBACK?
ITEM 2: NEW CAMERA POLICY
11