Policy
606
Pacifica Police Department
Pacifica PD Policy Manual
Copyright Lexipol, LLC 2024/10/09, All Rights Reserved.
Published with permission by Pacifica Police Department ***DRAFT*** Unmanned Aerial System - 1 Unmanned Aerial System
606.1 PURPOSE AND SCOPE
Unmanned aerial systems may be utilized to enhance the department's mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.
The purpose of this policy is to establish guidelines for the use of an unmanned aerial system (UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS. 606.2 PRIVACY
The use of the UAS potentially involves privacy considerations. Personnel will consider the protection of individual civil rights and the reasonable expectation of privacy as a key component of any decision made to deploy the UAS. Absent a warrant or exigent circumstances, operators and observers shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy. Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy.
606.3 CALL-OUT PROCEDURE
The watch commander shall make a request via SSF dispatch for qualified UAS Team members to respond and deploy the UAS. SSF Dispatch will call the UAS Team Supervisor who will coordinate the callout details with team members. The UAS Team members will handle all UAS operations, notifications and all necessary pre-flight guidelines as specified in the UAS Operations Guidelines. 606.4 AUTHORIZED USE
Only authorized operators who have completed the required training shall be permitted to operate the UAS consistent with FAA regulations in the following circumstances:
(a) Public safety and life preservation missions including barricaded suspects, hostage situations, active shooters, apprehension of armed or dangerous fleeing suspects, and high-risk search warrants.
(b) Mass casualty events
(c) Lost or missing persons
(d) Rescue events
(e) Disaster response and recovery
(f) Suspected explosive devices
(g) Fire suppression or investigation
Pacifica Police Department
Pacifica PD Policy Manual
Unmanned Aerial System
Copyright Lexipol, LLC 2024/10/09, All Rights Reserved.
Published with permission by Pacifica Police Department ***DRAFT*** Unmanned Aerial System - 2 (h) Hazardous material releases
(i) Post-incident crime scene preservation and documentation (j) Pursuant to search warrant
(k) Special events
(l) When probable cause to believe that a UAS will record images of a place, thing, condition, or event, and those images tend to show a serious crime has been committed, or that a particular person has committed a serious crime.
(m) Anytime a UAS would improve operational safety, incident stabilization or incident mitigation as determined by authorizing person.
(n) Anti-UAV operations when a person is operating a UAV in a manner which impedes emergency personnel who, in the course of their duties, are coping with an emergency (Penal Code Section 402(a)1)
(o) Training missions
(p) In support of the Pacifica Fire Department when the underlying mission meets the uses outlined in this policy
(q) Mutual aid support when the underlying mission meets the uses outlined in this policy.
Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, legal counsel should be consulted.
606.5 PROHIBITED USE
The UAS video surveillance equipment shall not be used:
(a) To conduct random surveillance activities.
(b) To target a person based solely on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.
(c) To harass, intimidate, or discriminate against any individual or group. (d) To conduct personal business of any type.
(e) The UAS will not be weaponized.
(f) The UAS will not have facial recognition technology. (g) To conduct routine monitoring of a mass gathering, protest, or demonstration where security concerns do not exist and where criminal activity is not occurring.
Pacifica Police Department
Pacifica PD Policy Manual
Unmanned Aerial System
Copyright Lexipol, LLC 2024/10/09, All Rights Reserved.
Published with permission by Pacifica Police Department ***DRAFT*** Unmanned Aerial System - 3 606.6 PROGRAM COORDINATOR
The Chief of Police will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations, and best practices and will have the following additional responsibilities:
(a) Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring that the COA is current.
(b) Ensuring that all authorized operators have completed all required FAA and departmentapproved training in the operation, applicable laws, policies, and procedures regarding use of the UAS.
(c) Developing uniform protocol for submission and evaluation of requests to deploy a UAS, including urgent requests made during ongoing or emerging incidents. (d) Developing protocol for conducting criminal investigations involving a UAS, including documentation of time spent monitoring a subject.
(e) Ensure a transparency portal containing monthly UAS flight logs is conspicuously posted on the Pacifica Police Department's website. Flight logs shall include date, case/incident number, duration, location, and reason for the flight.
(f) Developing an operational protocol governing the deployment and operation of a UAS including but not limited to safety oversight, establishment of lost link procedures, and secure communication with air traffic control facilities.
(g) Developing a protocol for fully documenting all missions. (h) Developing a UAS inspection, maintenance, and record-keeping protocol to ensure continuing airworthiness of a UAS, up to and including its overhaul or life limits. (i) Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored, and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, authenticity certificates, and date and time stamping, shall be as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody. (j) Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules.
(k) Facilitating law enforcement access to images and data captured by the UAS. (l) Recommending program enhancements, particularly regarding safety and information security. (m) Maintaining familiarity with FAA regulatory standards, state laws and regulations, and local ordinances regarding the operations of a UAS.
(n) Ensuring that established protocols are followed by monitoring and providing quarterly reports on the program to the Chief of Police.
Pacifica Police Department
Pacifica PD Policy Manual
Unmanned Aerial System
Copyright Lexipol, LLC 2024/10/09, All Rights Reserved.
Published with permission by Pacifica Police Department ***DRAFT*** Unmanned Aerial System - 4 606.7 EVIDENCE COLLECTION AND RETENTION OF UAS DATA
(a) Following a UAS operation by the Pacifica Police Department, the investigating PPD officer shall meet with the UAS operator to collect the UAS video(s). The video(s) recorded by the police department will be uploaded into the encrypted cloud-based evidence management system, Evidence.com. The collection and uploading of the video(s) will be documented in a police report by the investigating PPD officer.
(b) Images should be retained only when there is reasonable suspicion that they contain evidence of a crime or are relevant to an ongoing investigation. Recordings that contain evidentiary value shall be retained in the same manner as any other evidence gathered during a criminal investigation and retained in accordance with the department's records retention schedule. (c) Recordings will be accessible for review in accordance with strict guidelines pursuant to this policy. Access to recordings is automatically logged and may be subject to audit. (d) Unauthorized use, duplication, and/or distribution of UAS videos are prohibited. Personnel shall not make copies of any UAS videos for their personal use and are prohibited from using a recording device such as a personal camera or any secondary video camera to capture UAS videos. All recorded media, images and audio are the property of the Pacifica Police Department and shall not be copied, released, or disseminated in any form or manner outside the parameters of this policy without the expressed written consent of the Chief of Police or his/her designee. (e) Departmental request for a UAS video, including requests from the District Attorney's Office or City Attorney's Office, shall be forwarded as a written request via e-mail, to the Property and Evidence Supervisor, with sufficient information to locate the UAS video. (f) Non-Departmental Requests for a UAS video shall be accepted and processed in accordance with Federal, State, and local laws, and department policy (discovery, media inquiries, subpoenas, Public Records Act requests, etc.). When practical, department personnel will be advised prior to any release of UAS video under the California Public Records Act (CPRA). (g) Request for Deletion or Accidental Recording
(a) In the event of an accidental activation and recording of the UAS camera system, the recording employee may request that the UAS video is deleted by submitting an email request to the Administrative and Investigative Services Division Commander with sufficient information to locate the UAS video. The Administrative and Investigative Services Division Commander shall review the video, approve or deny the deletion request.
(b) Videos made during authorized department training will be viewed and/or retained for training purposes and then may be retained or deleted with the authorization of the Administrative and Investigative Services Division Commander. Retained files will be stored in approved training files or the digital management system, Evidence.com. (h) Copying Procedure
(a) A copy of the UAS video can be requested in accordance with the provisions of this policy
Pacifica Police Department
Pacifica PD Policy Manual
Unmanned Aerial System
Copyright Lexipol, LLC 2024/10/09, All Rights Reserved.
Published with permission by Pacifica Police Department ***DRAFT*** Unmanned Aerial System - 5 (b) Property Officers will be responsible for handling evidence request for DVD copies and online sharing of videos produced by the UAS camera system for court and other approved request by the Chief of Police or his/her designee. (i) A UAS video may be utilized as a training tool for individuals, specific units, and the department.
A recommendation to utilize a UAS video for such purpose may come from any source outlined below:
(a) A person recommending utilization of a UAS video for training purposes shall submit the recommendation through the chain of command to the Administrative and Investigative Services Division Commander.
(b) The Administrative and Investigative Services Division Commander approving the utilization of a UAS video for training will send an email to the Property and Evidence Supervisor requesting a link of the video be shared with the requestor for a period of 30 days.
(c) If an involved officer or employee objects to the showing of a UAS video, his/her objection will be submitted to their supervisor to determine if the employee's objections outweigh the training value. The Administrative and Investigative Services Division Commander shall review the recommendation and determine how best to utilize the UAS video file considering the identity of the person(s) involved, sensitivity of the incident, and the benefit of utilizing the video versus other means (e.g., departmental policy, Training Bulletin, Officer Safety Bulletin, briefing or other training).