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10C Action 2014 0505
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10C Action 2014 0505
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Last modified
5/12/2014 4:20:28 PM
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4/30/2014 11:19:31 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/5/2014
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_CC Agenda 2014 0505 CS+RG
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\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0505
MO 2014-011
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Path:
\City Clerk\City Council\Minute Orders\2014
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File Number: 14-003 <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 and City Attorney’s Office have researched the legal considerations of <br />the use of 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 places where persons have no reasonable <br />expectation of privacy, there are no violations. Policies, protocols, 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 />places, which by law and custom cause persons to have reduced or no expectations of <br />privacy, is the main legal consideration. <br />3. What would be an example of a place the cameras could not monitor? <br />All efforts will be made to place cameras in such a way that the interior of any <br />residence, backyard or other private structure are not in viewing range. <br />Page 3 City of San Leandro Printed on 4/29/2014
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