Members of the public may record or photograph SPPD officers in the line of duty.
A. Individuals have a legal right to record officers from any location where they have a legal right to be present, including public parks and sidewalks, common areas of facilities and buildings, and the individual s home or business.
B. As long as the photographing or recording takes place from a location where an individual has a legal right to be present and such activity does not interfere with law enforcement operations or threaten officer safety, officers shall not prohibit or discourage photographing or recording. Additionally, officers shall not:
- Order the individual to cease recording;
- Demand identification;
- Demand that the individual state a reason why he or she is taking photographs or recording;
- Detain the individual;
- Intentionally block or obstruct cameras or recording devices; or
- Threaten, intimidate, or otherwise discourage an individual from recording.
NOTE: Officers may ask questions during the course of a contact, but may not order a person to stop or require an answer unless the officer has reason to believe that a person has committed, is committing, or is about to commit a crime. Taking photographs or recordings, without more, does not constitute suspicious conduct.
C. Individuals do not have a right to interfere with a police officer performing official duties. Interference consists of conduct, threats, or actions that prevent officers from doing their job.
- Individuals recording police activity do not have a right to cross a police line or enter a crime scene.
- If an individual is photographing or recording police activity from a position that threatens officer safety OR interferes with an officer s ability to perform police duties, officers shall direct the person to move to an alternate position.
- Recording police activity from a safe distance does not constitute interference.
- A person has the right to express criticism of police activity as long as that expression does not jeopardize the safety of any officer or other person. Unless such expression violates the law or incites others to violate the law, it does not constitute interference.
- Individuals recording police activity do not have a right to engage in criminal trespass.
D. Evidence on a Camera, Cell Phone, or Recording Device; Probable Cause
- Probable cause exists where the known facts and circumstances are such that a reasonable officer in the same situation would believe that evidence of a crime will be found.
- If officers have probable cause to believe that a camera, cell phone, or other recording device contains evidence of criminal acts, the officer shall request that the person;
a. Voluntarily provides the device or recording medium (e.g., the memory chip) or;
b. If practical, officers could take photographs of the evidence on a department- issued camera.
3. If the person voluntarily provides the device or recording medium, officers will:
a. Document the request and the individual' s response in the incident report;
b. Document serial or identification numbers for all devices taken into custody in the "Property listing/Evidence Recovered" section of any applicable field report.
c. Provide the corresponding CN to the individual who possessed the device; and;
d. Submit the device(s) to the property room. Officers shall not attempt to view, download, or otherwise access any material contained on the device.
e. Officers should put the device in airplane mode or shut off the device to preserve evidence and prevent remote deletion.
4. If the individual does not agree to voluntarily provide the device or recording medium, or to electronically transmit the sound or images where possible and practicable, and an officer believes that exigent circumstances exist, the officer shall immediately contact a supervisor to respond to the scene.
a. Whenever possible an officer should wait until a supervisor is present before an officer takes any significant action to seize or search a device without a warrant.
b. If circumstances dictate that immediate action should be taken to prevent destruction of evidence, a supervisor not yet on scene may authorize an officer to seize, without a warrant if seizure is necessary to prevent imminent destruction of evidence, pursue a fleeing suspect, or assist persons who are seriously injured until a warrant can be obtained.
c. The seizing officer must obtain and provide the corresponding CN(s) to the individual possessing the device.
d. The device should immediately be put in airplane mode or turned off to preserve evidence and prevent remote deletion.
E. Viewing/Listening to Evidence on a Camera or Recording Device
- Absent circumstances where there is reason to believe that an immediate search of seized material is necessary to prevent death or serious injury, officers shall obtain a search warrant before viewing photographs or listening to recordings on a camera or memory chip seized as evidence.
- In exigent circumstances, where there is reason to believe that an immediate search of the seized material is necessary to prevent death or serious injury, a supervisor may authorize officers to access photographs or recordings without a warrant.
- Officers shall not erase or delete any recorded images or sounds from any camera or other recording device.
Revised December 24, 2015