Copyright Lexipol, LLC 2020/04/27,
All Rights Reserved. Published with permission by
California Department of State Hospitals
California Department of State Hospitals
Policy Manual
Policy
419
behavior to be unlawful. Accompanying the warnings should be clear directions on what
an individual can do to be compliant; directions should be specific enough to allow
compliance. For example, rather than directing an individual to clear the area, an officer
could advise the person that he/she may continue observing and recording from the
sidewalk across the street.
If an arrest or other significant enforcement activity is taken as the result of a recording
that interferes with law enforcement activity, officers shall document in a report the
nature and extent of the interference or other unlawful behavior and the warnings that
were issued.
419.5 SUPERVISOR RESPONSIBILITIES
A supervisor should respond to the scene when requested or any time the circumstances
indicate a likelihood of interference or other unlawful behavior.
The supervisor should review the situation with the officer and:
(a) Request any additional assistance as needed to ensure a safe environment.
(b) Take a lead role in communicating with individuals who are observing or
recording regarding any appropriate limitations on their location or behavior.
When practical, the encounter should be recorded.
(c) When practicable, allow adequate time for individuals to respond to requests
for a change of location or behavior.
(d) Ensure that any enforcement, seizure or other actions are consistent with this
policy and constitutional and state law.
(e) Explain alternatives for individuals who wish to express concern about the
conduct of Office of Protective Services (OPS) employees, such as how and
where to file a complaint.
419.6 SEIZING RECORDINGS AS EVIDENCE
Officers should not seize recording devices or media unless (42 USC § 2000aa):
(a) There is probable cause to believe the person recording has committed or is