DEACTIVATION OF RECORDING DEVICE. Once activated, the portable audio/video recorder should remain on continuously until the member’s direct participation in the incident is complete or the situation no longer fits the criteria for activation. Recording should be stopped during significant periods of inactivity such as report writing, meal breaks, or other breaks from direct participation in an incident when it is reasonable to believe no criteria for a required activation are present. Members shall cease audio/video recording whenever necessary to ensure conversations are not recorded between a person in custody and the person’s attorney, religious advisor or physician, unless there is explicit consent from all parties to the conversation (Penal Code § 636). Other reasons for deactivating audio/video recorders when the device was activated as required by this policy include:
