CA9: Police officers have no REP in their own body camera videos

Police officers have no reasonable expectation of privacy in their own body camera videos. Santa Ana Police Officers Association v. City of Santa Ana, 2018 U.S. App. LEXIS 1980 (9th Cir. Jan. 25, 2018):

Plaintiffs-Appellants’ Fourth Amendment unreasonable search or seizure claim fails under both prongs of O’Connor v. Ortega, 480 U.S. 709 (1987). They fail to explain how Slayton had a reasonable expectation of privacy in body camera videos of on-duty incidents. See id. at 717. And even assuming Slayton had a reasonable expectation of privacy in the video recordings, the search here was part of an “investigation[] of work-related misconduct” and it was reasonable. Id. at 725; see also id. at 726. Slayton was ordered to produce the video as part of a use-of-force investigation into a September 2014 incident; Slayton admitted he had the camera on during the incident; and the Department sought the video as evidence for the investigation. The scope of the search was reasonable because Slayton was ordered to turn over videos of only the September 2014 incident and any other on-duty incidents.

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