San Francisco Police Department
5.07
General Order
Rev. 02/22/95
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RIGHTS OF ONLOOKERS
This order establishes policies regarding when persons are permitted to
remain as onlookers, their right to overhear conversations between the
officer and suspect, and their right to act as a witness.
I. POLICY
A. WITNESSING STOPS, DETENTIONS, ARRESTS. It is the policy of
this Department that persons not involved in an incident be
allowed to remain in the immediate vicinity to witness stops,
detentions and arrests of suspects occurring in public areas,
except under the the following circumstances:
1. When the safety of the officer or the suspect is jeopardized.
2. When persons interfere or violate law.
3. When persons threaten by words or action, or attempt to
incite others to violate the law.
B. OVERHEARING CONVERSATION. If the conditions at the scene are
peaceful and sufficiently quiet, and the officer has stabilized
the situation, persons shall be allowed to approach close enough
to overhear the conversation between the suspect and the officer,
except when:
1. The suspect objects to persons overhearing the conversation.
2. There is a specific and articulable need for confidential
conversation for the purpose of police interrogation.
C. INQUIRIES
1. Persons shall be permitted to make a short, direct inquiry
as to the suspect's name and whether the officer or the suspect
wishes a witness. The suspect shall be allowed to respond
to the inquiry.
2. If a citizen is a witness to the activity for which the
suspect was detained or arrested, the officer may request
his/her name; however, the citizen is not compelled to
disclose such information.
DGO 5.07
Rev. 02/22/95
D. BYSTANDER FILMING OF OFFICER-SUSPECT CONTACTS. It is
increasingly common for bystanders, who are not involved in any
criminal activity, to record contacts between officers and citizens,
during which officers are detaining, citing or arresting a suspect or
engaging in crowd control at a demonstration. Bystanders have
the right to record police officer enforcement activities by camera,
video recorder, or other means (except under certain narrow
circumstances as set forth in Sections A and B above).
1. An officer shall not seize, compel or otherwise coerce production
of these bystander recordings by any means without first
obtaining a warrant. Without a warrant, an officer may only
request, in a non-coercive manner, that a bystander voluntarily
provide the film or other recording. These requests should be
made only if the officer has probable cause to believe that a
recording has captured evidence of a crime and that the evidence
will be important to prosecution of that crime. If a bystander
refuses to voluntarily provide the recording, an officer may
request the person's identity as provided in Section C., 2.,
above.
2. If a bystander voluntarily provides his or her recording and/or
equipment, the officer shall provide the bystander with a
receipt (SFPD 315). The receipt shall contain a written
statement verifying that the recording and/or equipment has
been voluntarily provided to the Department and shall be signed
by the bystander.
E. VIOLATIONS/COMPLIANCE. As an alternative to arresting an
onlooker who is in violation of Penal Code Section 148 or other
related offenses (e.g., 647 c P.C., 22 Municipal Police Code) officers
may order onlookers to "move on"; however, the person shall not be
ordered to move any farther distance than is necessary to end a
violation (see DGO 5.03, Investigative Detentions and DGO 6.11,
Obstruction of Streets and Sidewalks). Persons who believe that
an officer did not comply with the provisions of this order shall
be referred to an appropriate supervisor or to the Office of
Citizen Complaints.
References
DGO 5.03, Investigative Detentions
DGO 6.02, Physical Evidence
DGO 6.11, Obstruction of Streets and Sidewalks
DGO 6.15, Property Processing
Printed from the Video Activist Network (VAN) website:
www.videoactivism.org
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