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L
4513 TAPE RECORDING OF STATEMENTS:
Revised
5-24-02
Sworn
department members may make surreptitious recordings
of conversations when the conversation is part of a
criminal investigation or part of a non-criminal
public contact in which there is no expectation of a
"confidential communication" as defined in
Penal Code §632(c). When a recording has been made
in a formal criminal investigation (those
investigations requiring a Crime report,
Supplemental Report or equivalent), the tape will be
retained as part of the case and booked into
evidence regardless of its evidentiary value. If the
Department member is preparing a Crime Report,
Supplemental Report or equivalent report in
connection with the investigation, the following
details of the recording will be included in that
report:
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An indication that a recording was made
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The date and time of the recording
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The person(s) recorded
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The reason for the recording
When
a contact is of a non-criminal nature and
circumstances indicate that a "confidential
communication" will or is taking place, the
officer intending on recording it will notify the
person(s) being contacted of his/her intentions. If
theperson(s) being contacted objects to being
recorded, the officers will not recordor will
immediately stop recording the contact. Whenever an
officer believes that a recorded contact may lead to
a citizen complaint, he/she should bring the tape to
the attention of his/her supervisor as soon as
possible. If no Crime Report or Supplementary report
is being prepared, the above details will be
reported to the Chief of police, via the chain of
command, by memorandum. The original tape will be
forwarded with the memorandum as well. Tape speed
must remain set at 2.4 cm. Tape duplication cannot
be done correctly if the recorder is not set on this
speed. At the beginning of each tape or event being
taped, the officer should dictate the following;
name, date, call sign, and case number if available.
At the conclusion of the tape, or at any time the
tape is to be removed from the recorder and booked
as part of the case, officers will dictate the
following; name, date, call sign, case number, and
any information about the recording which identifies
it as part of the case (i.e. name and date of birth
of the subject who is being contacted or interviewed
by the officer. Members will not make surreptitious
tape recordings of conversations with other
Department members except when necessary in a
criminal investigation. This section does not
prohibit the tape recording of an interrogation as
provided or in Government Code Section 3303(f), The
Peace Officer Bill of Rights.
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