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10B Action 2013 0903
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10B Action 2013 0903
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Last modified
9/12/2013 3:56:46 PM
Creation date
8/28/2013 10:45:20 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/3/2013
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PERM
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_CC Agenda 2013 0903 CS+RG
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Path:
\City Clerk\City Council\Agenda Packets\2013\Packet 2013 0903
MO 2013-042
(Reference)
Path:
\City Clerk\City Council\Minute Orders\2013
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File Number: 13-430 <br />3.Better protection for citizens in the community. Police personnel are more effective <br />in identifying suspects or suspicious circumstances for further investigation and <br />possible enforcement activity. Public safety cameras can help ensure that state laws <br />and local ordinances are consistently enforced through better enforcement. <br />How will the City determine the effectiveness of the public safety camera program? <br />The San Leandro Police Department will set program goals and use data to measure such <br />results against stated goals for the program to determine if the use of public safety cameras is <br />effective. For example, the Police Department could measure response times to crimes <br />recently committed and crimes in progress; successful prosecutions that occurred with the aid <br />of evidence obtained through public safety cameras; and arrest analytics that will include but <br />not be limited to types of crimes, and locations of where those crimes were committed. From <br />this data, the Police Department believes it can generate an evaluation of the overall public <br />safety benefits. <br />What social considerations should be considered? <br />Concerns regarding the use of public safety cameras usually involve potential violations of <br />civil liberties and individual privacy rights. The City is sensitive to such concerns, and will <br />work to create a policy that mitigates the risk that such violations occur. The City will work to <br />educate the public on the use policies for public safety cameras. The policy will address <br />Fourth Amendment rights protecting citizens from unreasonable search and seizure by , for <br />example, providing that cameras should only be used where there is no constitutionally <br />protected expectation of privacy. Consideration will be given towards notifications indicating <br />that public safety cameras are in use and/or recording. However, the policy must balance <br />such considerations against covert use by the Police Department of such cameras where it <br />may be both beneficial and appropriate in certain circumstances where apprehending <br />suspects during the commission of certain crimes is the desired goal. Finally, the appropriate <br />training of law enforcement officers can prevent unlawful recordings and the use of recordings <br />for purposes other than those originally intended. <br />The Police Department, along with the City Attorney’s Office , will research the legal <br />considerations of implementing public safety cameras for solving and preventing crime. <br />Some frequently asked questions and responses related to public safety cameras are listed <br />below: <br />1. Is it legal for police to videotape citizens without their consent or knowledge? <br />Yes. As long as the cameras are recording public places, there are no violations of a <br />citizen’s reasonable expectation of privacy . Policies and protocols, and proper training and <br />supervision will be in place to reduce risks of misuse. <br />2. What, if any, are the constitutional limits on the use of cameras in public places? <br />The “reasonable expectation of privacy” is essentially part of the Fourth Amendment right for <br />persons to be free from unreasonable searches and seizures. Restricting monitoring to public <br />Page 3 City of San Leandro Printed on 8/27/2013
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