8.80.040 Temporary acquisition during exigent circumstances.
A. A department may temporarily acquire or temporarily use surveillance technology in exigent circumstances without following the provisions of this chapter. Nothing in this section or chapter shall preclude law enforcement from utilizing these technologies or utilizing mutual aid from a law enforcement partner who may opt to utilize these technologies during exigent circumstances, which for the purposes of this chapter is defined as an emergency involving imminent danger of death or serious physical injury to any person that requires the immediate use of surveillance technology or the information it provides. Any surveillance technology temporarily acquired in exigent circumstances shall be returned within seven days following the conclusion of the exigent circumstances, unless the department acquires the surveillance technology in accordance with the requirements of this chapter.
B. If a department acquires or uses surveillance technology for exigent circumstances, 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 to the City Council within 60 days following the inception of the exigent circumstances. (Ord. 1145, 2022)