§ 19B.7. USE OF SURVEILLANCE TECHNOLOGY IN EXIGENT CIRCUMSTANCES.

(a) A Department may temporarily acquire or temporarily use Surveillance Technology in exigent circumstances without following the provisions of this Chapter 19B. If a Department acquires or uses Surveillance Technology under this Section 19B.7, the Department shall do all of the following:

(1) Use the Surveillance Technology solely to respond to the exigent circumstances;

(2) Cease using the Surveillance Technology within seven days, or when the exigent circumstances end, whichever is sooner;

(3) Keep and maintain only data related to the exigent circumstances, and dispose of any data that is not relevant to an ongoing investigation, unless its retention is (A) authorized by a court based on a finding of probable cause to believe the information constitutes evidence of a crime; or (B) otherwise required by law;

(4) Not disclose to any third party any information acquired during exigent circumstances unless such disclosure is (A) authorized by a court based on a finding of probable cause to believe the information constitutes evidence of a crime; or (B) otherwise required by law; and

(5) Submit a written report summarizing that acquisition and/or use of Surveillance Technology under this Section 19B.7 to the Board of Supervisors within 60 days following the inception of the exigent circumstances.

(b) Any Surveillance Technology temporarily acquired in exigent circumstances shall be returned within 7 days following the conclusion of the exigent circumstances, unless the Department acquires the Surveillance Technology in accordance with the requirements of this Chapter 19B.

(Added by Ord. , File No. 190110, App. 5/31/2019, Eff. 7/1/2019; Ord. , File No. 190568, App. 6/14/2019, Eff. 7/15/2019)