Yet the department is still seeking retroactive approval, which must pass through the Rules Committee in a continued discussion Monday before going to the full board for a vote.

Matt Guariglia, a policy analyst with the Electronic Frontier Foundation, said the department is trying to quietly correct a mistake it knew full well it was making.

Now the San Francisco Police Department is asking city leaders to approve the drones after it ignored warnings from within its ranks that it should have held off. Newly unearthed SFPD emails show the first call for caution came months ago from one of its own policy experts.

When asked for comment on Steeves’ warning as well as outside criticism about the department violating state law, SFPD offered a narrow response.

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“Prop. E does not supersede state law,” Steeves wrote in a Feb. 28 email to department leaders obtained by the Electronic Frontier Foundation and shared with The Standard.

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Until then, according to state law, it can’t legally use drones — but SFPD apparently can’t be penalized for that either. AB 481 has no enforcement mechanism beyond admonishment from state authorities or pressure from the public.

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Supervisor Shamann Walton then brought up some of the same concerns as the Electronic Frontier Foundation, but struggled to get a straight answer.

It is the purpose of this Policy to authorize the Service to deploy and use body-worn cameras and to ensure that their use by the Service occurs in such a way as to ensure the following public interests are served:

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The Board recognizes the important constitutional principle: that individuals have a justified expectation of privacy as they go about their daily business, even within public spaces, and this expectation must be respected subject to reasonable limits.

“If we want to stay out of the political fray and buy drones in order to use them in efficient ways that help the department,” Steeves advised, “we may want to wait until after the election to start the AB 481 approval process.”

San Francisco police have been using drones to catch car break-in suspects and investigate sideshows for months but internal emails show they knowingly broke the law by buying the crime-fighting tech.

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The Toronto Police Services Board (the Board) is committed to providing fair, effective, efficient, equitable and accountable policing services to the members of all of our communities, in accordance with the fundamental rights guaranteed by the Charter of Rights and Freedoms and the Human Rights Code of Ontario. The Board is also committed to ensuring that the inherent worth and dignity of all individuals who come into contact with police is respected in all interactions.

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In addition, the manner in which body-worn camera use is implemented and governed could have a substantial impact on their effectiveness as it relates to cases of excessive use of force or other matters that may engage the police oversight system. Similarly, access to recordings must also be strictly governed, both to prevent breach of privacy by both internal and external actors, and to ensure that all recordings are preserved in their full, unedited form on the system, throughout their retention period. Finally, the transparency of the implementation of this Policy by the Service, including public access to information on its effectiveness in achieving the Policy’s goals, is a critical element of building the public trust necessary for the achievement of the Policy’s purposes and goals.

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“This email from Feb. 28 is kind of a smoking gun,” he said, referring to Steeves’ warning. “Their own policy person told them ahead of time to pump the brakes on the drones because they’d need prior approval, yet they immediately started buying these drones despite that warning. Everything they did afterwards was in violation of state law.”

About a week before the March 5 election, the SFPD was planning what drones to buy if voters expanded police powers by passing Proposition E. But a department analyst noted that Prop. E alone did not give police authority to unilaterally add drones to its arsenal.

The meeting kicked off last week with Acting Lt. Eric Batchelder rattling off the ways a drone’s-eye-view has helped police. He said the department has six drones that were used in 65 missions — 18 of which led to arrests.

“This internal email was sent during the early stages of our drone procurement process and does not represent the department’s position and did not then,” officer Robert Rueca, an SFPD spokesperson, told The Standard. “Also, that email was written without engaging with the city attorney’s office and did not reflect input from that office.”

In addition, body-worn cameras are an effective tool for gathering evidence and providing a more accurate record of events, thus improving the work of the criminal justice system as a whole.

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Prop. E passed, drones were bought, and the SFPD began openly touting its new gadgets. In a press conference last month, Mayor London Breed and SFPD Chief Bill Scott cited the arrests of suspected car burglars as proof that voters were right to give police more leeway.

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It is, therefore, the policy of the Toronto Police Services Board that the Chief of Police, in consultation with the Information and Privacy Commissioner of Ontario and other relevant stakeholders, will develop Procedure(s) that:

By recording interactions with members of the public, body-worn cameras have been advanced as one way to increase transparency, enhance accountability for rights protections and situations in which force is used during an interaction with police, and improve law enforcement practices by identifying where a need may exist for additional training, supervision or discipline. Body-worn cameras will also enable the timely and fair investigation of any allegations of misconduct by Service Members, and a quick resolution of complaints.

The Board acknowledges that the use of body-worn cameras is not without its own challenges. There are important concerns surrounding privacy, particularly where what could be perceived as surveillance of vulnerable people and racialized communities is concerned, or in sensitive situations such as domestic violence calls.

“A law enforcement agency violating the law sets a bad example for the community,” Lindsay-Poland said, “and puts at legal risk the prosecutions in which drones were used.”

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Steeves also told her colleagues that rushing to buy drones could put the SFPD in the middle of a political controversy.

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Deputy City Attorney Bradley Russi affirmed that state law requires city supervisors to sign off on drone use, but argued that when voters passed Prop. E “they stood in the shoes of the board for approval — at least for the first year.”

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SFPD leaned heavily on the city attorney’s language when it made its case for Dorsey’s proposal at the Sept. 9 Rules Committee.

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Another concern, which Steeves didn’t address, is that evidence gathered through unauthorized technology could give defense attorneys grounds to challenge cases — including those the SFPD highlighted to justify its drone use.

The Board will monitor the Service’s implementation of this Policy to mitigate these risks, including the provision of robust training to Service Members to ensure the effective deployment of this tool. The Board will also continue to monitor best practices and recommendations made by relevant stakeholders to identify possible revisions to this Policy, where appropriate. The Board will also continue to work with the Service and a broad range of stakeholders to identify other opportunities and strategies to achieve the crucial goals of delivering professional policing in a manner that respects individuals’ dignity, privacy, worth and human rights.

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John Lindsay-Poland, a writer who advocates for demilitarizing the police through American Friends Service Committee, said SFPD appears to be the only agency in California to use drones without prior approval since AB 481 became law.

Asja Steeves, SFPD policy division manager, said that even if voters passed the law, it doesn’t excuse the department from abiding by Assembly Bill 481. Authored by then-Assemblyman David Chiu, the 2021 law requires police to get the blessing from city electeds before using new surveillance tools.

But civil liberties advocates say the SFPD is proving Steeves right, too, by now scrambling to get into compliance with state law through a proposal from Supervisor Matt Dorsey, a former police communications boss, that would retroactively legalize the department’s drones.