DISCRETIONARY RECORDING. In certain circumstances, members may have the discretion to continue to record, to not record, to record audio only, or mute the BWC audio based upon a weighing of legitimate law enforcement interests and an individual's privacy. Situations to include, but not limited to:
DISCRETIONARY RECORDING. It is permissible under this Policy for officers to exercise reasonable discretion to not record events using a BWC or ICV in the following circumstances: • When the officer is in a location where individuals have a reasonable expectation of privacy (such as a bathroom or locker-room) and the officer is not there to effect an arrest or serve a warrant. • If a citizen objects to being recorded the officer may elect to record despite the objection. Conversations with police officers are not considered private under Washington law and there is no requirement that an officer turn off the camera for a citizen who objects to having the interaction recorded. • When respect for an individual’s privacy or dignity outweighs the need to record an event. Such circumstances may include (without limitation) natural death scenes, death notifications, child or sexual assault victim interviews, cultural or religious objections to being recorded, and funerals. • Sensitive communications such as matters of law enforcement intelligence or where the recording could hinder a criminal investigation. • When the officer has an articulable basis, based on the facts and circumstances of the particular situation, that recording would be unsafe. Officers are advised to put safety ahead of the requirement to record the encounter. • When an officer is engaged in public interaction that does not have a law enforcement purpose, for example, community meetings, open houses, school tours, recruitment, conducting City administrative business, etc. Subject to the above exceptions, BWC and ICV are expected to be powered on in a buffering state (“ready mode”) to expediently respond to any required recording or law enforcement functions that may arise.
