Policy on perp recording arrest

[OHW]

What is the standing procedure for handling a subject using a phone to record audio of his/her arrest?

How about video?

[Ron-Solo]

I doubt any agencies have a 'policy' on this, but if you are under arrest, your freedom and movement will be severely restricted where you won't be able to operate said recorder/camera.

As far as other people recording, I don't care as long as you: (1) Don't get in my way of what I need to be doing, (2) don't interfere by your actions, (3) don't become such a nuisance where I have to pay too much attention to you where you become a distraction. Any of those situations could lead to me our my partner getting hurt and that is not appropriate or acceptable. You are subject to arrest for 148 PC at that point. Don't worry, you will get sufficient warning that you have crossed the line and have time to adjust your behavior before getting matching bracelets and going to jail on the buddy plan.

Other than that, film/record away. I'm not as young/slim/good looking as I used to be, but damn I still look good on camera. My grandkids love seeing me on TV.

Aloha,

Ron

[OHW]

I doubt any agencies have a 'policy' on this, but if you are under arrest, your freedom and movement will be severely restricted where you won't be able to operate said recorder/camera.

As far as other people recording, I don't care as long as you: (1) Don't get in my way of what I need to be doing, (2) don't interfere by your actions, (3) don't become such a nuisance where I have to pay too much attention to you where you become a distraction. Any of those situations could lead to me our my partner getting hurt and that is not appropriate or acceptable. You are subject to arrest for 148 PC at that point. Don't worry, you will get sufficient warning that you have crossed the line and have time to adjust your behavior before getting matching bracelets and going to jail on the buddy plan.

Other than that, film/record away. I'm not as young/slim/good looking as I used to be, but damn I still look good on camera. My grandkids love seeing me on TV.

Aloha,

Ron

Hey Ron, If at first meeting the recorder is put on record. From there lets say it hangs on a belt clip, hands free from then on. At what point do you change its status?

[TRICKSTER]

Any hard object in your hand can be used as a weapon. If you are being detained or under arrest, you will not be allowed to keep it in your hand. It is a matter of officer safety. Depending on the situation, you may be asked to put it down, the officer may hold onto it until the contact is over, or in the case of an arrest, it will be placed into your property at the jail.

[OHW]

Any hard object in your hand can be used as a weapon. If you are being detained or under arrest, you will not be allowed to keep it in your hand. It is a matter of officer safety. Depending on the situation, you may be asked to put it down, the officer may hold onto it until the contact is over, or in the case of an arrest, it will be placed into your property at the jail.

On a waist band clip, not in hand. Hands free operation. You read that right?


Lets go further. The arrest is being made and property is being placed on hood for dash cam recording, what then is policy in handling a phone being used as a recording device? Is it shut off? Is it deleted?

[TRICKSTER]

Don't know about other agencies, but we don't have a written policy. If it's being booked into the suspects property, I turn it off so the suspect won't have a dead phone battery when he/she gets released and the jailers don't have to listen to ringing cell phones. If its just a detention, I don't turn it off unless it keeps ringing and disrupts the investigation. I have never deleted anything.
Almost forgot, if it has evidence of a crime recorded or was used in a crime, it gets booked as evidence. I just love it when criminals record evidence that can be used against them. Makes the job much easier.

[Ron-Solo]

Don't know about other agencies, but we don't have a written policy. If it's being booked into the suspects property, I turn it off so the suspect won't have a dead phone battery when he/she gets released and the jailers don't have to listen to ringing cell phones. If its just a detention, I don't turn it off unless it keeps ringing and disrupts the investigation. I have never deleted anything.
Almost forgot, if it has evidence of a crime recorded or was used in a crime, it gets booked as evidence. I just love it when criminals record evidence that can be used against them. Makes the job much easier.

This is probably the most common response. Once you are in custody, it will get turned off. I have no reason to delete anything because I follow the rules. That's how I survived 32 years on the job.

[IrishJoe3]

On a waist band clip, not in hand. Hands free operation. You read that right?


Lets go further. The arrest is being made and property is being placed on hood for dash cam recording, what then is policy in handling a phone being used as a recording device? Is it shut off? Is it deleted?

Personally, if I arrest you, I remove everything from your person, (watches, rings, belts, etc). Reason being you can't be booked with any of that stuff. So...if its hanging from your belt I'll be taking it off really quick. When I am booking the person property I'll do them a favor and shut their cell phone off so they have batteries left when they bail out.

Regarding recording, I really don't care; I follow policy and the law and have nothing to hide. But like Ron said, don't let it interfere

[tyrist]

There is no policy/procedure outlined specifically.

[EOD3]

I don't think there's a law against JohnQ recording a conversation and making an issue of it will make it look like you're trying to hide something. His recording is worthless unless you stray over the line. Like Ron said, don't do that.

[Erin]

i seem to remeber hearing somthing about it being illegal to record someone without their knowlege, or consent or somthing like this. i also seem to remeber it not applying to police officers.. hmm, im not making this up i swear! ill look into it.

[eltee]

Ever since Rodney King we have been pretty aware of our actions being recorded. Most of us act accordingly, some of us exploit it if we know we are being filmed so that the film shows us in a good light, demonstrates that we warned/advised the suspect, etc. Essentially, the camera can be your friend. Dashcams have prevented many false allegations of misconduct from going any farther than the suspect's false claims. Always cool if a suspect's filming of his/her own arrest can be used by the prosecution!

If someone I arrested somehow managed to have a cam rolling even with handcuffs on, I could justify shutting it off when we got to the booking area as there are confidential procedures, access codes, etc. that are used to gain entry. On the ride to jail, I'd just be my normal, jolly, friendly self, maybe sing a song or two, depending on the situation and suspect; read Miranda and then play 21 questions, etc.

"People's exhibit # 4, suspect's cell phone with video recording of suspect acknowledging full understanding of Miranda admonition and then threatening to kill the offices involved in the arrest and confessing to..."