Mounted search and rescue

["IRVIN LICHTENSTEIN" <ilichten1@verizon.net>]

In our area the both the fire academy and the police academy have courses in scene preservation and photography.  I have been assigned to take pictures of suspected

arson scenes by fire chiefs as a standing order and sometimes because I had the closest camera.  These were on film and chain of custody was easy to control.

With the spread of camera phones and digital transmission we developed a SOG for our members as to when, where, and to whom the pictures can be sent.

We have run this by our lawyers, our insurance company’s lawyers and local authorities.  It has also been adopted by local fire companies.

The fire company version is pasted below:

HVFC-F-003-080725 Use of Cell Phones, Cameras, and Similar Devices

 

I. Purpose: This Standard Operating Guideline is formulated to provide policy guidance for members using photographic or video recording devices or transmitting mission related data to other members, the press, subject family members, or other officials. The guidance in this guideline has been developed based on materials furnished by VFIS, HVFC’s insurance carrier, Federal HIPPA guidance, and other official sources.

II.                   Use of Devices, Generally: It is permissible for a member to use their personal camera or recording device to record what they consider to be significant evidence and transmit same to the command post or other destination as directed by the Incident Commander or his delegate.

III.                  Prohibited Uses, Generally: It is not permitted to transmit images or voice recordings or make live statements to persons the member has not been given permission to do so by the Incident Commander or his delegate and is not under compulsion of a court order to make such statements or deliver evidence.

IV.               Specific Prohibitions:

A.     Medical Conditions: It is prohibited by HIPPA and other federal regulations to transmit identifiable medical information to any person the patient has not authorized and or is not involved in the emergency care of that person if they are not capable of giving written consent. Example: pictures of the patient indicating the mechanism of injury may be appropriately transmitted to the medical command physician on his order so that treatment may be more appropriately guided.

B.     Evidence: Images of clothes, tracks, vehicles, bodies, or other tangible evidence shall not be transmitted except under direct order of the Incident Commander or his delegate and then only to the designated receiver.  No images of deceased persons or animals shall be transmitted without the authorization of the coroner or medical examiner in addition to the Incident Commander.

C.     Identifiable Persons: No image of an identifiable person, dead or alive, shall be transmitted without that person’s consent unless the image is considered evidence, as in identifying a witness or a suspect or the subject.  The issuance of flyers or wanted posters shall constitute release of the image to the audience the flyers or posters are directed to.

V.                 Penalties: Any member violating this policy or guideline shall be referred for discipline in accordance with the established HVFC guidelines and Bylaws. In addition to expulsion the penalty may include indemnification of HVFC against the civil or other damages that may be imposed by the civil authorities.

 

 

 

---

From: msar-riders-bounces@lists.ibiblio.org [mailto:msar-riders-bounces@lists.ibiblio.org] On Behalf Of T'mi Finkle
Sent: Friday, January 27, 2012 7:21 PM
To: 'Mounted search and rescue'
Subject: Re: [MSAR] How do you avoid trampling on evidence during aMSARoperation?