- Ref # CAC00059
- February 03, 2022
Use of a Patrol Unit’s Digital In-Car Video System (“DICVS”) in a Police Disciplinary Proceeding
CASE LAW
- Evidentiary Value in Disciplinary Proceedings of a Patrol Unit’s Digital In-Car Video System (“DICVS”)
- LAPD’s Special Order No. 45 and Notice 13.5
- Pen. Code § 632; Illegal Eavesdropping
- Public Safety Officers Procedural Bill of Rights Act (“POBRA”) (Gov’t. Code §§ 3300 et seq.)
RULES
LAPD’s Special Order No. 45 and Notice 13.5 do not prevent the use of an unintentionally recorded conversation between patrol officers in their patrol vehicle in later disciplinary proceedings, obtained through the vehicle’s “digital in-car video system” (or “DICVS”), where the recording reflects evidence of criminal or egregious misconduct. Penal Code § 632—the eavesdropping statute—and subdivision (d) do not prevent the use of recorded confidential communications in later disciplinary proceedings where the recording are not intentional. The Read More
