Podcast
Questions and Answers
What is the role of the Internal Affairs Division concerning associations?
What is the role of the Internal Affairs Division concerning associations?
- To provide assessments and recommendations regarding exemptions. (correct)
- To initiate disciplinary actions against all members of the department.
- To determine the overall effectiveness of police policies.
- To directly conduct criminal investigations.
Which factor is NOT included in the criteria utilized by the Internal Affairs Division?
Which factor is NOT included in the criteria utilized by the Internal Affairs Division?
- Financial contributions to the department. (correct)
- Seriousness of the offenses.
- Frequency of the association.
- Nature of the association.
Who ultimately makes the final decision regarding an association's status?
Who ultimately makes the final decision regarding an association's status?
- The Internal Affairs Division with the Chief of Police.
- The Chief of Police with concurrence from the City Manager. (correct)
- The City Manager without consultation.
- The Chief of Police alone.
What should a member do if they need clarification on the association policy?
What should a member do if they need clarification on the association policy?
Which responsibility is placed upon all members of the department regarding this policy?
Which responsibility is placed upon all members of the department regarding this policy?
What is the definition of 'Members' in the context of the office of the Chief?
What is the definition of 'Members' in the context of the office of the Chief?
Under what conditions are members prohibited from associating with individuals engaged in criminal activity?
Under what conditions are members prohibited from associating with individuals engaged in criminal activity?
What is required for a member wishing to volunteer with restricted organizations?
What is required for a member wishing to volunteer with restricted organizations?
What does 'Familial Relationship' specifically include according to the policy?
What does 'Familial Relationship' specifically include according to the policy?
How are associations defined in this policy?
How are associations defined in this policy?
What is the primary policy regarding the recording of police activity established by the Miami Police Department?
What is the primary policy regarding the recording of police activity established by the Miami Police Department?
Which section outlines the responsibility for investigating allegations stemming from violations of the recording policy?
Which section outlines the responsibility for investigating allegations stemming from violations of the recording policy?
In the context of the Miami Police Department's policy, what qualifies as 'public spaces' for recording?
In the context of the Miami Police Department's policy, what qualifies as 'public spaces' for recording?
What does the definition of 'recording devices' include according to the policy?
What does the definition of 'recording devices' include according to the policy?
Which amendment principles must be followed when seizing a video recording device?
Which amendment principles must be followed when seizing a video recording device?
What actions must an individual refrain from while videotaping police activities to avoid legal issues?
What actions must an individual refrain from while videotaping police activities to avoid legal issues?
Under what condition can an individual be considered as interfering with police activities while recording?
Under what condition can an individual be considered as interfering with police activities while recording?
What is true about the rights of individuals who are photographing or recording police activity?
What is true about the rights of individuals who are photographing or recording police activity?
What must be done regarding crime scenes when it comes to recording police activity?
What must be done regarding crime scenes when it comes to recording police activity?
What should officers do if an individual is recording police activity but is blocking the officers' work?
What should officers do if an individual is recording police activity but is blocking the officers' work?
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Study Notes
Limitations on Associations (Departmental Order 1, Chapter 14)
- Issued pursuant to City Commission's Resolution No. R-07-0296 for updating "Associating with Undesirable Persons."
- Prohibits members of the police department from associating with individuals under criminal investigation, incarcerated, on parole, or engaged in criminal activity unless specific exemptions apply.
- Members must obtain written approval from the Chief of Police to volunteer with organizations involving restricted associations.
- Internal Affairs Division assesses associations for potential exemptions, considering factors like nature of association and history of offenses.
- Final decisions on prohibiting associations rest with the Chief of Police, with City Manager concurrence.
- All members are responsible for compliance with the policy.
Video Recording of Police Activity (Departmental Order 1, Chapter 15)
- Protects First Amendment rights for individuals to observe and record police activity.
- Recording is allowed in both public and private spaces, provided individuals have a right to be present.
- Officers must recognize individuals' rights to record police actions and must not obstruct this right unless laws are violated.
- Recording from a safe distance is permitted without interference with police duties.
- Observing or critiquing police actions does not constitute illegal activity and cannot be grounds for arrest.
- Members of the press have the same rights as the general public in observing and recording police activity without needing credentials.
Procedures for Interaction with Recorders
- Officers must notify supervisors if a bystander interferes with police operations or if a recording device seizure is necessary.
- Officers are prohibited from taking enforcement actions regarding recording activities without supervisory authorization.
- No detention of individuals simply for recording police activity; detentions must be related to criminal activity.
- Officers must not demand identification or cease recording from individuals in public spaces.
- Warrantless seizure of recording devices requires strong justification; probable cause must be established to prevent evidence tampering.
Consensual Review of Video Recording Devices
- Supervisory personnel handle inquiries regarding the contents of personal recording devices for evidentiary value.
- Officers must not coercively compel individuals to provide access to recorded data.
- Officers' personal email systems are not to be used for transferring recorded data with evidentiary value.
- Individuals have the right to withdraw consent for device searches at any time without being removed from the scene.
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