HomeMy WebLinkAbout2023-08-03; Police Department Mobile Camera Use (Districts - All); Williams, MickeyCouncil Memo randum
August 3, 2023
To:
From:
Via:
Re:
Honorable Mayor Blackburn embers of the City Council
Mickey Williams, Chief of Po iCN,,..,_
Scott Chadwick, City Manag r
Police Department Mobil e
{city of
Carlsbad
Memo ID# 2023084
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 gat hering evidence for criminal and civil court act ions.
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 Department
2560 Orion Way I Carlsbad, CA 92010 I 442-339-2100 t
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 facilities. 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.
Council Memo -Police Department Mobile Camera Use (Districts -All)
August 3, 2023
Page 3
cc: Geoff Patnoe, Assistant City Manager
Cindie McMahon, City Attorney