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GEORGIA ASSOCIATION OF CHIEFS OF POLICE
SAMPLE LAW ENFORCEMENT OPERATIONS MANUAL
CHAPTER: 16 - Patrol Functions
EFFECTIVE DATE: NUMBER OF PAGES: 33
REVISED DATE: 06/2015 DISTRIBUTION:
SPECIAL INSTRUCTIONS: GEORGIA LAW ENFORCEMENT CERTIFICATION PROGRAM (GLECP) STANDARDS INCLUDED: 1.25, 1.28, 5.1, 5.5, 5.13, 5.14, 5.15, 5.25, 5.31, 6.3, 6.8
I. PURPOSE
A. Establishes the scope of a patrol officer's responsibilities.
B. Establishes a priority system for handling calls for services.
C. Establishes a standard operating procedure for responding to calls for service.
D. Establishes a standard operating procedure for traffic accident investigation.
E. Establishes a standard operating procedure for the management of disputes, both civil and criminal.
F. Establishes a standard operating procedure for the investigation of suspicious persons and/or vehicles.
G. Establishes a standard operating procedure for conducting building checks and searches.
H. Establishes a standard operating procedure for managing mentally ill or intoxicated persons.
I. Establishes a standard operating procedure for responding to missing persons.
J. Establishes a standard operating procedure for the use of patrol vehicle video equipment and body worn cameras or recording devices.
K. Establishes a standard operating procedure prohibiting bias based profiling.
II. RULES AND REGULATIONS
A. General
1. Scope of the Law Enforcement Function
The ____________ Department is responsible for: the protection of life, individual liberty and property; the preservation of peace; the prevention of crime and disorder; the detection and arrest of violators of the law; the enforcement of state laws and city ordinances within the City of ____________; and the provision of public service to the community. The function of the Agency must be broadly interpreted to include many tasks other than the enforcement of laws.
2. Attitude toward Providing Service
Department employees should recognize that service to citizens of the community is a major function of the law enforcement, and must be rendered by every employee of the Agency. Employees should try to assist citizens who are victims of a crime, need emergency help, need assistance or would otherwise be inconvenienced by the Agency's failure to act. This kind of service can range from giving simple directions and advice to travelers, to providing victims of crime with reassurance and support, to referring individuals to applicable social service agencies.
3. Crime Prevention and Community Relations (GLECP Std. 6.8)
An important, though often overlooked, function of law enforcement is crime prevention. In many ways, crime prevention is a more worthwhile function than after-the-fact investigation and apprehension activities. For this reason, crime prevention will be a shared responsibility of all department personnel. In addition to suppressing crime through visible, aggressive patrol, officers can accomplish long term crime prevention objectives by informing citizens of ways to protect themselves and their property. By encouraging citizens to cooperate with other criminal justice and social agencies, officers can effectively support efforts of a system-wide approach to prevent crime.
Because the conduct of each Departmental employee reflects on the Department as a whole, the burden of achieving the Department’s community relations objectives will be shared by all employees of the department.
4. Maintenance of Order
Another broadly interpreted function of law enforcement might best be defined as management of social order. For example, this role includes such activities as preventing or settling family and neighborhood disputes, providing traffic escorts and directions, and assisting ill or injured persons.
5. Patrol Objectives (GLECP Std. 5.1)
The patrol operation exists to respond to emergencies 24 hours a day, seven days a week within the City of ____________; prevent the occurrence of street crimes through preventive patrol; respond rapidly to all requests for emergency law enforcement service; improve the criminal apprehension rate by conducting thorough preliminary on-the-scene investigations; reduce traffic congestion and accident hazards through systematic enforcement of traffic laws and ordinances; respond to and investigate motor vehicle accidents; aid victims of accidents; assist citizens in dealing with legal, medical, or social problems through direct crisis intervention and/or making correct referrals to agencies equipped to deal with such problems; and improve law enforcement/community relations by increasing the quality and quantity of contacts between citizens and law enforcement.
6. Response to Calls
The response to an investigation of citizen complaints and requests for service should be given priority according to the seriousness of the situation and the availability of resources. Follow-up investigation of these incidents should be conducted, as required. In the event a non-English speaking person is involved, AT&T Language line is available. However, the officer shall check with the Communications Division on the availability of language capabilities within the department.
7. Prioritizing Calls for Service
It is usually possible for the Department to respond to every call for service; however, the Agency must organize available resources to give the most efficient service possible. Priority of call assignment depends on many factors, and it is normally the responsibility of the communications officers to make these assignments. However, a patrol officer may be required to decide between continuing on an assigned call and responding to a citizen's complaint or other observed event. The officer's determination should be based upon the risk to life and property. When it is impossible for an officer to respond to a citizen's complaint or an observed event, he/she shall, if circumstances permit, either give direction for obtaining such assistance or start the necessary notifications. The officer will not normally deviate from an assigned call; however, if an officer observes a life threatening situation such as a violent felony in-progress or an accident with injuries, he/she will notify their supervisor and take the appropriate action. Considerations for the type of call originally dispatched on and the need for immediate assistance shall determine if the officer should continue to original call or render aid at the new location.
The following is a suggested list of priorities for guidance in responding to calls:
a) Life threatening emergencies;
b) Violent felonies in-progress;
c) Violent misdemeanors in-progress;
d) Other felonies in-progress;
e) Non-criminal calls with injuries or property damage;
f) Other misdemeanors in-progress;
g) Other felonies not in-progress;
h) Other misdemeanors not in-progress; and
i) Miscellaneous service calls not involving injury or property damage.
j) Preventive Patrol
Although the patrol officer's work is often dictated by requests for service, a considerable portion of the officer's work day is normally consumed by preventive patrol. To make productive use of the available time, officers should plan their patrol to focus on specific problems within their area of assignment.
8. Patrol Vehicles (GLECP Std. 5.5)
Patrol vehicles assigned used by this department in routine or general patrol service shall be conspicuously marked and equipped in a manner that will present clear identity to the general public in accordance with O.C.G.A. 40-8-91. Patrol vehicles will have the agency name and the emergency phone number “911” on each side of the vehicle as well as the agency name on the rear of the vehicle.[1] They will be equipped with emergency blue lights[2], siren and mobile radio transceiver, video/audio system and mobile data terminal.
9. Knowledge of Area
Patrol officers shall know the physical characteristics of their assignments as well as the current crime problems in those areas. In addition, officers shall become acquainted with residents and business people in their area of assignment. Patrol officers should be skilled in the detection of criminal activities and assertively conduct their own preliminary investigations and relay this information to others within the Agency.
10. Preventive Action
Patrol officers should be alert to conditions which are conducive to crime (e.g., inoperative street lights, overgrown vacant lots, dead ends). Whenever possible, officers should take the steps necessary to prevent criminal activity such as advising a storekeeper of points of vulnerability, mediating a family dispute which could escalate into an assault or homicide, or managing intoxicated persons.
11. Commitment of Resources
As a public service agency, the Department is mandated to protect the interests and safety of all citizens. Under ideal circumstances, the Agency should provide equitable service delivery; however, this may be an unattainable goal. Consequently, requests from individual citizens for special services (e.g., increased patrol, the use of radar, premises checks) should be carefully evaluated in terms of total Agency commitments before any promises are made. If a service is promised, the officer making the assurance shall take steps to ensure the request for service is processed. When making an assurance that a service will be provided, the officer shall inform the citizen that other demands may make its compliance difficult. Radio Communication - Field Assignments
All officers engaged in field assignments shall have continuous, uninterrupted access to two-way radio communication (portable radios).
III. TRAFFIC LAW ENFORCEMENT
ATTENTION CEO: This section contains language for the use of an automated Uniform Traffic Citation (UTC) device that prints out UTC’s based on the information received through a Mobile Data Terminal (MDT). If your agency does not have these devices, this section must be modified slightly to reflect the use of hand-written UTC’s.
The purpose of traffic law enforcement is to reduce traffic accidents through preventive patrol and active enforcement. All uniformed personnel have traffic enforcement responsibilities whether or not they are assigned to the Uniform Patrol Division. To effectively carry out this function, all officers must be familiar with Georgia statutes that apply to traffic law enforcement.
A. Traffic Citations (GLECP Std. 6.3a-c)
All traffic citations will be issued using the Georgia Uniform Traffic Citation (UTC). The vast majority of citations will be issued through the use of the APS Virtual Partner electronic ticket software. The ticket software assigns sequential numbers to citations as they are issued. The citation numbers are assigned to individual officers in blocks in the software by the Chief Executive Officer. When the citation numbers are used the software logs the officer that issued the citation as well as the date and time that the citation was issued. Citations issued with the software are then automatically uploaded electronically to the department’s records management system.
All officers will be issued a traditional UTC book for use in the event that the electronic citation software is not available or working. Officers and their supervisors are accountable for citations sequentially issued from their UTC book. Blank UTC books will be secured in the squad room supply closet. Supervisors will issue ticket books on an as needed basis. Supervisors will log the sequential number in the log book indicating the date issued and to which officer. Officers will be expected to account for all traffic citations issued to them. Any voided, damaged, or otherwise unused traffic citations will be marked and all copies forwarded to Records for filing. An incident report will be made on all lost or stolen traffic citations. An officer will not be issued more than 2 ticket books at one time.
The Uniform Division Commander will be responsible for conducting a periodic audit of traffic citations. The records management system has the capability of printing a Ticket Accountability Report by range of ticket numbers and/or officer. Any missing ticket shall be researched and accounted for.
B. Traffic enforcement techniques
1. Visible traffic patrol
a) Area - moving or stationary observation in an area that includes a number of streets or sections of highway.
b) Line - moving or stationary observation on a specific street or highway between two points.
c) Directed - Area or line patrol that is specifically directed by supervisory personnel and is based on unfavorable traffic accident or enforcement data.
1. Stationary observation
a) Covert - concealed or barely visible enforcement (when operating speed detection devices, traffic enforcement vehicles will not be concealed (O.C.G.A. 40-14-7)).
b) Overt - traffic enforcement vehicles will be positioned in such a manner near the roadway intersection that is clearly seen by persons using ordinary powers of observation.
2. Directed Enforcement (GLECP Std. 5.14)
The ultimate goal of selective enforcement is to reduce traffic accidents and gain voluntary compliance with traffic laws. Directed enforcement measures will be used to assign traffic enforcement personnel and equipment to specific geographical locations in order to provide preventative patrol for special categories of traffic violations.
a) Analysis of traffic accidents will be done by the Traffic Unit Commander on a monthly basis.
b) Analysis of traffic enforcement activities will be performed at least on a monthly basis. The traffic complaints received during the month will be reviewed as well as the citations written to determine if adequate enforcement is being applied to identified high accident rate and complaint locations; school zones, roadway conditions, and
c) Directed enforcement shall be undertaken in those areas where analysis of traffic accidents and violations indicates that special attention is needed. Patterns of causes and / or sudden increases in the number and severity of accidents, crime data or trends, or violations are reasons for extra enforcement activity at a given location. When law enforcement becomes aware of a particular problem that may or may not be reflected in accident report data, steps will be taken to correct the problem.
4. Unmarked vehicles;
These vehicles will not normally be utilized for traffic enforcement activity. Sworn personnel operating unmarked vehicles are to use discretion when stopping traffic violators and are discouraged from enforcing minor violations. Unmarked vehicles must be equipped with an emergency light and siren when stopping any traffic violator. Private vehicles will not be used for traffic enforcement.
5. Speed Measuring Devices - Use, Calibration and Maintenance
The effective use of speed detection devices and their acceptance is dependent upon the operator's understanding of the specific limitations of speed detection devices, adequate training and the operator’s initial certification combined with periodic re-certification to demonstrate the operator's efficiency.
a) The department will use speed detection devices in high or potentially high accident locations when speed is a factor, in areas where speed limit violations are prevalent, and in response to citizen complaints concerning speeding motorists.
b) Only officers that have been specially trained and certified by GPOSTC are allowed to use the Agency's speed detection equipment. The equipment will be calibrated and maintained as specified by the manufacturer and applicable state requirements.
c) It shall be the duty of the Uniform Division Commander to ensure that adequate and necessary maintenance, calibration and operational record systems (suitable for introduction as evidence in court) are developed and maintained. Professional calibration of each operational radar unit is required annually.
C. Enforcement Actions
Officers are to use individual discretion, based on professional judgment, as to which form of enforcement action will be taken. Action will be appropriate for each violation of the law. This will be accomplished in a fair, impartial, courteous, and businesslike manner with one of the following options:
1. Verbal Warning
A verbal warning is appropriate when the violator commits a very minor violation that results in little or no potential danger to the public.
2. Written Warning
A written warning is a proper alternative in response to a minor traffic violation, but not to the extent that court or other judicial action is warranted. A written warning can be issued on a UTC citation.
3. Written Citation
Traffic citations will be issued to violators who jeopardize the safe and efficient flow of vehicular and pedestrian traffic. A written citation will be issued on the Georgia Uniform Traffic Citation form.
4. Physical Arrest
The physical arrest of a driver is the most extreme action that may be taken for a traffic offense. Officers must be familiar with the limitations imposed by State Law regarding physical arrests for traffic violations.
D. Special Enforcement Procedures
1. Non-Residents (GLECP Std. 5.15a)
If a properly licensed violator's state of residence is other than Georgia, the officer must release the person on a copy of the citation and will advise the violator that if the citation is not paid, or if he / she does not appear in court on the date indicated, the Georgia Department of Motor Vehicle Safety will notify the Department of Public Safety in the violator's home state and the driver's license will be suspended until the case is settled.
2. Juvenile Offenders (GLECP Std. 5.15b, 5.31b)
If a driver is 16 years old or younger, with or without a valid driver's license, and the offender violates a law or ordinance governing the operation of a motor vehicle upon the highways or street and if a citation is written, it should be directed to the ____________ County Juvenile Court. The court date section of the citation should be clearly marked "JUVENILE COURT.” (See 8-2 for further details and for handling of Juvenile DUI cases.)
III. TRAFFIC DIRECTION AND CONTROL
The ____________ Department will carry out its responsibility for traffic direction and control by providing and managing appropriate personnel and alternate resources adequate to deal with the need for traffic direction and control. Only sworn personnel are authorized to direct traffic.
In order to establish uniform procedures for the provision of traffic direction and control, the following policies will be adhered to:
A. Traffic Direction at Accident Scenes
1. Minor traffic accidents requiring an accident report do not present a major problem relative to traffic direction. In these cases, the officer should note the position of each vehicle and other relevant physical evidence and have the vehicles moved to a safe location, restoring traffic flow, and then complete the accident report.
2. In serious accidents requiring a thorough investigation, the scene may need protection for an extended period of time. In these cases, investigating officers shall follow these procedures:
a) Summon sufficient manpower to handle traffic direction responsibilities.
b) Utilize sufficient equipment to protect the scene (barricades, traffic cones, etc.).
c) Detour traffic as necessary.
d) Give priority attention to collecting the information necessary at the scene to facilitate restoring normal flow of traffic.
e) Restore the scene to a safe condition (replace signs, etc.).
f) Continue traffic direction duties until traffic flow is normal.
B. Manual Direction of Traffic (GLECP Std. 5.13)
1. Visibility
Officers shall wear their issued reflective jacket or reflective vest when directing traffic. During adverse weather conditions, officers shall wear a reflective jacket or high visibility raincoat when directing traffic. To indicate that the officer is present for the purpose of directing traffic he should: Position himself so that he can be seen clearly by all, usually in the center of an intersection or street; stand straight with weight equally distributed on both feet; allow hands and arms to hang easily at his/her sides except when gesturing; stand facing or with his/her back to traffic which he has stopped and with his/her side toward traffic he has directed to move.
2. Stopping Traffic
To stop traffic, the officer should first extend his/her arm and index finger toward, and look directly at, the person to be stopped until eye contact is made or that person is aware or it can be reasonably assumed that he is aware of the officer's gesture. Second, the pointing hand is raised at the wrist so that its palm is toward the person to be stopped, and the palm is held in this position until the person is observed to stop. To stop traffic from both directions on a two-way street the procedure is then repeated for traffic coming from the other direction while continuing to maintain the raised arm and palm toward the traffic previously stopped.
3. Starting Traffic
To start traffic, the officer should first stand with shoulder and side toward the traffic to be started, extend his/her arm and index finger toward and look directly at the person to be started until that person is aware or it can be reasonably assumed that he is aware of the officer's gesture. Second, with palm up, the pointing arm is swung from the elbow only, through a vertical semi-circle until the hand is adjacent to the chin. If necessary, this gesture is repeated until traffic begins to move. To start traffic from both directions on a two way street, the procedure is then repeated for traffic coming from the other direction.
4. Right Turns
Right turning drivers usually effect their turns without the necessity of being directed by the officer. When directing a right turn becomes necessary, the officer should proceed as follows. If the driver is approaching from the officer's right side, his/her extended arm and index finger and gaze are first directed toward the driver, followed by swinging the extended arm and index finger in the direction of the driver's intended turn. If the driver is approaching from the officer's left side, either the same procedure may be followed utilizing the left arm extended or the extended left forearm may be raised to a vertical position from the elbow while closing the fingers so that the remaining extended thumb points in the direction of the driver's intended turn.
5. Left Turns
Left turning drivers should not be directed to effect their movement while the officer is also directing oncoming traffic to proceed. Therefore, the officer should either direct opposing vehicles to start while avoiding left gestures directed at turning drivers, which lead them to complete their turn only when there is a gap in the oncoming traffic, or to stop or hold oncoming drivers, after which the left turning driver can be directed into his/her turn. The officer's right side and arm should be toward the oncoming traffic, and the left side and arm should be toward the left turning driver. After stopping oncoming traffic by using the right arm and hand, the right hand should remain in the halt gesture, then the extended left arm and index finger and officer's gaze is directed toward the driver who intends to effect a left turn. When the left turning driver's attention has been gained, the extended left arm and index finger are swung to point in the direction the driver intends to go. In order to clear the lane occupied by a driver who intends to make a left turn, but cannot because of oncoming traffic, he can be directed into the intersection and stopped adjacent to the officer's position until the left turn can be safely completed. The driver should be directed into the intersection by pointing toward him with the extended arm and index finger, which is then swung to point at the position at which the officer wishes the driver to stop and wait for clearing traffic. In the alternative, the driver may be directed to move with one arm and hand gesture while the other arm and hand are utilized to point to the position at which the driver is to stop. After the driver is positioned within the intersection, the officer may either halt oncoming traffic and direct the completion of the turn or permit the driver to effect the turn during a natural break in the oncoming traffic.
C. Signaling Aids
1. The whistle, if used, is to get the attention of drivers and pedestrians. It is used as follows:
a) One long blast with a STOP signal.
b) Two short blasts with the GO signal.
c) Several short blasts to get the attention of a driver or pedestrian who does not respond to a given signal. Establish eye contact as soon as possible.
2. The whistle should be used judiciously. It should not be used to indicate frustration. The volume should be just that sufficient to be heard by those whose attention is required.
Therefore, whistle blasts directed at pedestrians should be moderate in volume. The whistle should be used only to indicate stop, go, or to gain attention. When its purpose has been achieved, the officer should cease sounding the whistle. If the whistle is utilized continuously, it ceases to hold meaning for drivers and pedestrians.
3. The voice is seldom used in directing traffic. Arm gestures and the whistle are usually sufficient. There are numerous reasons why verbal commands are not used. Verbal orders are not easy to give or understand and often lead to misinterpretations which are dangerous. An order which is shouted can antagonize the motorist.
Occasionally, a driver or pedestrian will not understand the officer's directions. When this happens, the officer should move reasonably close to the person and politely and briefly explain his/her directions. No officer shall exhibit loss of temper by shouting or otherwise indicate antagonism toward those who do not understand or who do not wish to obey the officer's directions.
4. The flashlight can be used to halt traffic. To stop traffic, slowly swing the beam of light across the path of oncoming traffic. The orange traffic cone shall be attached to the end of the flashlight when directing traffic. After the driver has stopped, arm signals may be given in the usual manner with the vehicles headlights providing illumination.
This procedure is to be used in conjunction with all relevant existing Departmental policies, procedures, rules and regulations.
D. Traffic Control at Fire Scenes
1. Officers engaged in traffic direction and control services at fire scenes will ensure access to and egress from the scene by Fire Department personnel and other emergency vehicles.
2. No vehicles will be allowed to cross fire hoses without the approval of the senior fire official on the scene.
3. Parked vehicles which interfere with fire operations may be towed as needed under Code.
E. Traffic Control During Adverse Road and Weather Conditions
1. The Shift Commander will request dispatchers to notify the local radio stations, public works, ____________ County Fire Department and other public safety agencies of adverse road conditions that will affect the motoring public.
2. Departmental personnel will provide traffic direction and control services at the scene of all downed power lines, broken gas lines, water mains or construction sites when the unnecessarily endangers the safe movement of traffic through the area.
3. The Shift Commander may close a street if, in his/her opinion, the surface conditions and terrain creates an unusually hazardous condition. The Commander should request assistance from the proper agency in alleviating the problem and request public service radio announcement be made in reference to the closure. Other public safety agencies will also be notified.
F. Traffic Control Devices
1. Temporary traffic control devices such as cones, barricades, etc., are available from the Department storage building for special events or emergency situations. The Shift Commander may authorize the use of these devices and determine the location for using them. Shift supervisors also have access to Departmental portable detour signs.
2. Temporary devices will be removed when the event or emergency situation is over and will be returned to the Department storage building.
3. In cases where traffic is congested because of a special event, law enforcement emergency or a malfunctioning traffic control device, and the traffic control device needs to be repaired or placed on flashing, the Traffic Engineering Department will be called to the scene. Officers will not manually operate traffic control devices unless requested by Traffic Engineering and shown how to perform such operation.
G. High Visibility Clothing (GLECP Std. 5.13)
ALL officers will wear their issued high-visibility reflective traffic vest when working traffic.
V. RESPONDING TO CALLS FOR SERVICE
The ____________ Department cannot be aware of every circumstance where law enforcement action or assistance may be required. Citizens of the community are needed for this information. In return, the people expect the Agency to respond to requests for law enforcement service within a reasonable time and to satisfactorily perform the necessary services. As a practical matter, the extent of the service may necessarily be limited, but, regardless of its extent, professional service must be rendered in all cases.
NOTE: Officer initiated activities should be documented in the same manner as routine calls for services.
A. Receiving calls
1. Officers should never consider any call as routine.
2. Officers should be discouraged from forming definite opinions about a call before arriving at the scene. The circumstances at the scene should determine the officer's actions. When the Communications Center receives a call for service from a non-English speaking individual, the Communications Center will:
a) Use the Language Line, if the dispatcher does not speak the same language as the caller, to determine the nature of the call and the services needed;
b) Dispatch an officer who speaks the same language to the call, if one is available;
c) Advise the officer that the complainant may not speak English;
d) Advise the officer that he/she should notify the Communications Center if an interpreter is needed; and
e) If an interpreter is needed, one should be contacted from the list of available interpreters maintained by the Communications Center.
B. Arriving at the Scene
Whenever possible, the law enforcement unit should be parked at a reasonable distance from the entrance to the location of a call. Officers shall:
1. Properly park his/her unit as close to the curb as possible;
2. Depending on the type of call, additional weapons in the unit should either be taken out, locked in the trunk, or secured in the provided locking mount;
3. Approach buildings from an angle to reduce the possibility of an attack from the inside;
4. In cases where the immediate presence of law enforcement is required to protect a person from possible death or injury, the first officer on the scene will enter the building after notifying the Communications Center of his/her intentions;
5. If a situation requires one or more back-up units to respond, the first unit on the scene should maintain a safe position until one of the back-up units arrives; and
6. If the officer determines that the complainant(s) cannot speak English, the officer shall contact the Communications Center and request an interpreter or request the use of AT&T Language line services.
C. Portable Radios
The portable radio shall always be carried.
D. Approaching Doorways
1. When approaching a doorway, officers shall knock on the door and stand to either side of the entrance;
2. When the officer is making the initial approach to any building, he/she should take notice of any movement inside (e.g., persons, running silhouettes, or flash light movement).
E. Building Interior
The interior of the building must be given careful consideration because:
1. The possibility that more than one person may be present. During confrontations, officers should keep all persons in front of them;
2. Suspects or persons placed under arrest are probably familiar with the interior of the house or building:
a) Do not allow persons to retrieve hats, coats, purses, etc. Retrieve only essential articles. All retrieved articles must be searched for the safety and security of law enforcement personnel;
b) Do not allow the arrested person to walk or wander around inside; and
c) All persons arrested and transported will be searched, handcuffed, and placed in the rear seat of the transporting unit and, when practical, secured with a safety restraining device.
3. The first officer to arrive at the scene has specific responsibilities:
a) The officer shall begin to secure the scene and cover the most likely avenue of escape;
b) If difficulties or violence are encountered, the officer shall summon assistance through the Communications Center by the quickest means available;
c) If injuries are involved, the officer shall administer first aid and request emergency medical personnel;
d) If the suspect has left the scene, the officer shall develop a description and issue a lookout;
e) The officer shall take charge of and process or protect the crime scene, preserve evidence, and interview/detain witnesses present;
f) If it is determined that additional help is needed, the officer shall notify the Communications Center;
g) The officer shall prepare the appropriate report. The officer receiving the call is generally responsible for the report;
h) When serious types of calls (shootings, robberies, cuttings, nature unknown, etc.) are unfounded, the officer shall notify the Communications Center immediately; and
i) On calls of an emergency nature, officers are to notify the Communications Center of the circumstances of the call as soon as possible. The Communications Center shall be informed of the situation if the officer is out of service for an extended period. A superior officer who is monitoring the situation has the authority to designate duties and responsibilities and send backup assistance as needed.
4. "Officer Needs Assistance" Call
a) Units responding to assist an officer needing help shall operate with blue light and siren;
b) If the exact situation is unknown, officers are to be particularly observant and cautious when arriving at the scene; and
c) When the situation is under control or an assisting officer's services are no longer needed, the officer should immediately notify the Communications Center and return to service. Only those cars directed to remain at the scene by the superior officer will do so.
VI. TRAFFIC ACCIDENT INVESTIGATION
The investigation of traffic accidents is necessary, not only to determine traffic law violations, but also to obtain engineering data, protect the rights of the individuals involved, and assist in traffic education. To ensure proper and complete investigation of accidents the following procedures will be utilized:
A. General Procedure
Upon arrival at an accident scene, officers are to:
1. Park the patrol vehicle so as to protect the scene and allow movement of traffic. Administer first aid and advise the Communications Center when rescue and/or wrecker service is needed. The officer will also advise if another officer is needed for assistance, and the officer should set cones as needed;
NOTE: Officers should always wear the Agency issued reflective vest when working accident scenes.
ATTENTION CEO: Your agency may not have a fatal accident investigation unit. You may, by policy, use the GSP for this function. However, you should carefully read and change the below section regarding fatal accident investigation. Should GSP not be able to respond, certain actions must be taken to preserve the scene so that a thorough investigation can be conducted at a later time.
NOTE: Flares should never be used if any type of fuel is present in the area.
2. When bodily injury, death, or extenuating circumstances exist, the departmental issued digital cameras shall be utilized by the responding officer/supervisor. In this case, vehicles should not be moved unless absolutely necessary to preserve life or prevent further collisions (see number 2 below);
3. Obtain driver's license and proof of insurance from all drivers involved in the accident;
4. Question and obtain names and addresses from any witnesses. When it is necessary for a witness to leave the scene before the investigation is complete, obtain all necessary information as quickly as possible and allow the witness to depart;
5. Investigate and determine the cause of the accident. Note the position of all vehicles involved. Mark the location of vehicles with traffic paint and take measurements whenever applicable, i.e.; serious injury/ fatality accidents;
6. After the preliminary investigation is completed, clear the roadway quickly and refrain from blocking any portion of the roadway while completing paperwork;
7. After the roadway is clear, the investigating officer should turn the unit's blue lights off as quickly as possible if this can be done without creating a hazard. This action will usually allow traffic to flow faster by attracting less attention;
8. When there are traffic violations, issue the appropriate citations and subpoena the witnesses, if any, and allow them to leave; and
9. If the driver and passengers of any vehicle involved were transported from the scene because of injuries, the officer will follow up obtaining all the information necessary to complete the investigation and report. Where injuries are minor and all of the needed information has been obtained at the scene, it is not normally necessary for the officer to conduct a follow-up investigation.
B. Accidents Involving Serious Injury or Fatality
1. Traffic Unit Responding:
a) The officer receiving the initial call is to park at the end of the scene and not in the scene area;
b) The first officer on the scene will advise the Communications Center of the emergency equipment needed and call for a supervisor to assist at the scene;
c) Officers are to begin administering the appropriate first aid to survivors;
d) When surviving victims are transported from the scene, the initial officer will direct emergency medical technicians or ambulances into and out of the area without disturbing the crime scene if at all possible;
e) After survivors have been removed from the scene, and the Traffic Unit has been requested to handle the case, the accident scene will be protected by diverting traffic from the area. Under no circumstances will wreckers or spectators be allowed to enter the accident scene unless authorized by the Traffic Unit;
f) If time permits, the initial officer(s) should attempt to secure the names and phone numbers of witnesses; and
g) Upon arrival of the Traffic Unit, all pertinent information will be relayed by the initial officer. Traffic Unit will be in charge of the accident scene and will make the determination of what course of action to take as to when to remove vehicles, make photographs, order blood or urine samples, etc. All reports will be handled by the Traffic Unit except for the accident report made by the initial officer outlining his/her activities;
2. If the Traffic Unit is unavailable, or unable to respond, the following steps will be followed:
a) The initial officer receiving the call will arrive on the scene and park outside of the scene area;
b) Upon determination that a serious injury or fatality exists, the initial officer will advise the Communications Center, calling for a supervisor to assist;
c) The initial officer will call for other emergency assistance as needed. The accident scene will be protected as a crime scene. Other traffic will be diverted or directed around the scene;
d) Any suspects at the scene will be detained by the initial officer, either at the scene, or if injured, at the medical facility for later investigation;
e) No items such as vehicle parts, body limbs or deceased persons should be disturbed or removed from the scene if at all possible;
f) No wreckers or spectators will be allowed to enter the scene until authorized;
g) If a fatality exists, as determined by a certified emergency medical technician, the victim should not be removed from the scene. However, if a victim must be removed, the responsible officer will document the position of the victim before removal;
h) If different from the initial responding officer, the investigating officer shall be called by the supervisor on the scene. The initial responding officer shall make an accident report outlining his/her activities to be included in the investigative report. This includes any supplemental reports as needed;
i) The investigating officer will assume command of the accident scene. All pertinent information will be relayed to the investigator;
j) The investigating officer will complete all investigative reports and will be responsible for conducting and concluding the investigation, including the initiation of any criminal charges that may be forthcoming and ordering blood or urine samples for testing;
k) The investigating officer will be responsible for clearing the accident scene and impounding vehicles. The wrecker service impounding the vehicle(s) will clear the roadway at the accident scene;
l) It will also be the responsibility of the investigating officer to ensure that every effort be made in contacting the victim's immediate family before any news release occurs; and
m) The following reports will be submitted by the investigating officer concerning a fatality:
i. Vehicle Accident Report;
ii. Incident Report, outlining in detail the complete investigation;
iii. Vehicle Impound Report;
iv. Copies of Witnesses' Statements;
v. Arrest Booking Report (if applicable);
vi. Blood Alcohol Test on Victim;
vii. Blood Alcohol Test on Suspect (if applicable);
viii. Warrants (if applicable);
ix. Reports by Medical Examiner or Coroner; and
x. Photographs (to be attached later).
C. Hit and Run (Leaving the Scene of an Accident)
The following procedures will be used in accidents involving hit and run circumstances:
1. First officer to arrive on the scene shall:
a) Administer first aid and advise the Communications Center when emergency equipment is needed and utilize departmental issued digital camera equipment if needed;
b) Obtain information and dispatch a lookout on the suspect's vehicle; and
c) If the hit and run accident involves a fatality, notify a superior officer.
2. The officer receiving the call will handle the investigation and report as follows:
a) Investigate and, if possible, determine the cause of the accident;
b) Attempt to obtain paint samples from the victim's car and the suspect's car;
c) Obtain any other evidence that would aid in identifying the suspect's car;
d) If possible, give additional information for lookout broadcast;
e) All evidence collected at the scene should be turned over to the Evidence Custodian;
f) Complete a vehicle accident report and mark clearly on that report that the accident is a hit and run. This will help to ensure the report will go to the appropriate investigator; and
g) Complete an accident report.
D. Vehicle Accidents Involving Diplomatic or Consular Personnel
If during the course of an investigation of a motor vehicle accident, it is determined that one of the vehicle(s) involved was either (1) operated by someone claiming diplomatic or consular status, or (2) bearing diplomatic or consular license plates issued by the United States Department of State, the investigating officer will immediately contact his/her immediate supervisor and follow the procedures in SOP P-035.
E. Private Property
Accident investigations on private property shall be completed on Private Property accident report form.
This is a courtesy measure and circumstances must be taken into consideration when writing the report (e.g., if serious bodily injury or death has occurred).
F. Wrecker Service
The following procedure for obtaining wrecker service shall be followed:
1. The officer requesting service should make the request through the Communications Center:
a) Only the contract wrecker services approved by the City shall be used by the Department;
b) The investigating officer, not the wrecker driver, is responsible for filling out the impound slip if an arrest is made. An impound slip will be completed on every law enforcement impound and turned in to the records office; and
c) An officer will remain at the scene until the wrecker has towed the car away.
2. Accident victims may use the wrecker service of their choice when:
a) The victim or driver is not under arrest; and
b) The vehicle involved is not causing an immediate traffic hazard and will be moved within a reasonable time, usually 20 minutes.
3. When a wrecker is going to be needed and the driver is able to communicate, the officer should determine if the driver wants a wrecker for his/her vehicle. (This is a case where there will not be an impound by the investigating officer).
VII. MANAGING DISPUTES
The role of law enforcement officers in non-criminal, civil disputes is that of an impartial keeper of the peace. The role of law enforcement officers in criminal disputes is to restore order, quell disturbances and to make the necessary arrests for violations of the law. The purpose of this S.O.P. is to establish guidelines governing the involvement and action of Department personnel in both civil and criminal disputes.
A. Civil (Non-Criminal) Disputes Defined:
A civil dispute shall mean non-violent confrontations between two or more persons which do not involve a breach of the peace or the commission of a criminal act. The following procedures will be used for handling non-criminal disputes:
1. Stand-by Situations
Often, law enforcement personnel are requested to stand by to prevent assault or breach of the peace domestic situations where one or more persons may be removing personal belongings from a location (i.e., home, apartment, business). When a stand-by situation occurs on private property, the officer shall remain on public property or the roadway unless the officer is admitted by all occupants or claimants of such property. If there is a violation of the law, the officer can enter the property to take action. When entry into private property and/or the removal of property is denied to a claimant by another who is in possession, the following procedures will be implemented:
a) The officer shall advise the complainant that claims to personal property will not be enforced by the Department without an order from the court;
b) If attempts are made to recover personal property over the objection of another, misdemeanor assaults which occur outside the officer's presence will not be cause for a warrantless arrest;
c) If a confrontation between two or more persons develops into a breach of the peace, both or all disputants will be subject to arrest;
d) Claimants may not trespass upon the property of another for purposes of removing or recovering property without a court order empowering them to do so.
2. Domestic or Neighborhood Arguments (not involving weapons)
In domestic or neighborhood disputes, an officer shall:
a) Park in a manner that allows safe approach and an opportunity to evaluate the situation;
b) Separate and interview disputants in a calm and unbiased manner;
c) Get disputants to offer or suggest alternatives for resolving the dispute; and
d) Maintain third party neutrality while restoring normal communications between disputants.
e) If an officer determines that an act of “Family Violence” as defined in O.C.G.A. 19-13-1 has been committed, the officer shall not base the decision of whether to arrest and charge a person on the specific consent of the victim or on a request by the victim solely or on consideration of the relationship of the parties. No officer investigating an incident of family violence shall threaten, suggest, or otherwise indicate the arrest of all parties for the purpose of discouraging requests for law enforcement intervention.
f) Where complaints of family violence are received from two or more parties, the officer shall evaluate each complaint separately to attempt to determine who the primary aggressor was. If the officer determines that one of the parties was the primary physical aggressor, the officer shall not be required to arrest any other person believed to have committed an act of family violence during the incident. In determining whether a person is a primary physical aggressor, an officer shall consider:
i. Prior family violence involving either party;
ii. The relative severity of the injuries inflicted on each person;
iii. The potential for future injury; and
iv. Whether one of the parties acted in self-defense.
v. Whenever a law enforcement officer investigates an incident of family violence, whether or not an arrest is made, the officer shall prepare and submit to the supervisor or other designated person a written “Family Violence Report” on the forms provided.
vi. The officer shall advise available remedies and services to the victim of family violence.
3. Orders of the Court
Officers of the Department shall enforce only local and current orders of the court which specifically direct the Sheriff or his/her duly constituted deputies and/or police officers to execute the order of judgment:
a) After a local order of the court (e.g., restraining order) has been served, violations of the order which occur after the order is served must be reported by the complaint to the court which issued the order;
b) Enforcement of violations of a local court order must originate from the court with an arrest warrant. Officers shall not make warrantless arrests for violations of civil court orders; and
c) A conditional order of the court which orders the arrest of a person shall not be executed unless the order is current and verification of the order and its provisions can be established at the time of arrest.
B. Criminal Disputes Defined
A criminal dispute is any confrontation between two or more persons which involves breaches of the peace, increased potential for violence, incidents of misdemeanor assaults committed in an officer's presence, as well as related felonies. Procedures for handling criminal disputes (assaults and disturbances) are:
1. In violent or felony disturbances, or when weapons are involved, an assisting patrol unit will be dispatched. When an assisting patrol unit is unavailable for dispatch, a supervisor shall be sent;
2. In violent or felony disturbances, or when weapons are involved, responding patrol units should coordinate a simultaneous arrival;
3. Responding units will park in a manner that allows safe approach to the incident location;
4. Responding officers should attempt to observe disputants and evaluate the nature and extent of the incident before making their presence known;
5. Officers shall separate and calm disputants and attempt to establish normal speaking conversation;
6. Officers should maneuver themselves into a position where disputants are facing away from each other while officers are facing each other. In this position, each officer can then see the front of one disputant, and the back of the disputant who is facing the second officer;
7. Officers shall determine if there is cause for an arrest without a warrant:
a) Upon sufficient cause (probable cause for felony, spouse or child abuse, etc.; or serious misdemeanors committed in officer's presence), an arrest shall be made; and
b) Disputants will be notified of procedures for initiating criminal prosecution when there is insufficient cause (or need) for arrest without a warrant.
8. Officers may attempt to bring disputants back together to develop alternatives for conflict resolution, or to obtain further aid or counseling; and
9. When a dispute cannot be resolved and the potential for violence continues to exist, officers shall attempt to persuade one of the disputants to leave the premises voluntarily.
10. If an act of family violence occurs, the responding officer shall make a determination as to whether an arrest based on probable cause is necessary, as stipulated under the Family Violence Act O.C.G.A. 19-13-1 and 17-4-20.1 and Arrest under O.C.G.A. 17-4-20.
VIII. INVESTIGATION OF SUSPICIOUS PERSONS / VEHICLES
Officers are unable to predict which persons may react violently when confronted by law enforcement officers. Failure of the officer to be alert for this potential can have catastrophic results; therefore, caution must be exercised with each confrontation. To ensure that officers approach suspicious persons/vehicles in a consistent manner, the following procedures are to be followed.
A. Investigation of Suspicious Pedestrians
Note: Regardless of whether in response to a call or officer initiated activity, absent a voluntary officer/citizen encounter, a stop of a person or vehicle must be based upon Articulable Reasonable Suspicion or Probable Cause. Any further action by the officer must be based upon articulable facts
1. The officer shall notify the Communications Center of the situation including:
a) The number of persons, race, sex, and approximate age of the persons, description of clothing, as well as the location of the individuals shall be relayed to the Communications Center before the investigation begins;
b) If possible, avoid making the investigation in a crowd;
c) At night, attempt to direct the car lights on the suspects; and
d) Each person shall be investigated through the GCIC/NCIC computer.
2. If two or more pedestrians need to be investigated, another officer should be called to assist before approaching them:
a) The stopping and investigating of the pedestrians should not take place until the assisting officer arrives; and
b) Each officer should perform a certain part of the investigation:
i. The first officer will guard the suspects; and
ii. The second officer should perform a frisk search in accordance with procedures in Chapter 9. If the persons are considered dangerous, officers should use the wall/prone search position to frisk the suspect.
3. Officers should be aware that many different situations or encounters with citizens can occur. Officers must be aware of the physical surroundings as well as the people that occupy them. Below is a short list of some of the people an officer may encounter. Each is different and requires the officer to adjust his/her condition of awareness.
a) Elderly
b) Women with children
c) Possible gang members
d) Business owners
e) Home owners
f) Drug dealers
4. During the interview, officers are to treat suspects in a courteous manner and inform them of the reasons they were stopped and questioned. Officers are never to question any suspect while remaining seated in the law enforcement vehicle and the suspect outside.
5. If officers determine the suspect is to be released, they are to obtain the information necessary to complete the daily log or a Miscellaneous Report.
B. Felony Vehicle Stops
1. When makings felony stops of suspicious vehicles, officers are to adhere to the following procedures:
a) When a vehicle driven by a known or suspected felon is located, the officer will notify the communications center immediately. Officers who have received a “Hit” notification via KDT will notify radio to start confirmation verification. The officer will broadcast location, description of the vehicle, the number and description of occupants;
b) The officer will keep the suspect vehicle in view and request sufficient assistance in making the stop. The officer will keep support units informed of the location and direction of travel to facilitate support units with their approach. Responding units should minimize use of emergency equipment;
c) The suspect vehicle will not be stopped unless absolutely necessary until adequate support is available and in position. The following procedures will be used during a felony vehicle stop:
i. The primary officer will plan to stop the suspect vehicle in a location which provides minimal danger to citizens. When the stop is initiated, the primary officer will give out the location and all other units will be instructed to cease radio traffic;
ii. The violator will be stopped on the right side of the road. The primary officer will position their vehicle approximately 10-20 feet behind and well offset to the left of the violator in a position that provides maximum cover. The second officer will park behind the violator offset to the right. The vehicle should be positioned beside the primary vehicle allowing plenty of space between the two law enforcement vehicles for an area where suspects can be handcuffed/searched;
Note: The secondary officer may have to pull up onto the curb in order to create enough space. Officers should be aware of this and adjust driving accordingly so as not to render a law enforcement vehicle inoperable and not able to complete the felony stop safely.
iii. The primary officer’s general responsibilities are to give verbal direction to the occupants of the vehicle, using the PA system if necessary, and to cover the driver’s side of the suspect vehicle. The secondary officer should cover the passenger side of the suspect vehicle and should only give verbal direction if absolutely necessary. This is to prevent a situation in which both officers are giving verbal direction creating confusion on both the officers and suspects;
iv. Both officers will remain behind the doors of their vehicles using maximum cover provided by the engine block and door post with their weapons pointed towards the suspect vehicle. Spotlight/takedown lights should be directed at the interior of the suspect vehicle. The felony stop should be deliberate and officers should not feel the need to rush in order to hasten the process;
v. Backup officers in addition to the two units conducting the stop will not approach any closer to the suspect vehicle than the primary and secondary officers. They will position themselves in a position of cover where they can best support the actions of the first two units. Because suspects will be taken into custody one at a time, there is generally no need for more than four officers at the stop location. Additional officers should position themselves at a sufficient distance behind and in front of the stop location to block/redirect traffic until the stop is completed to minimize danger to other citizens;
vi. The primary officer will direct each occupant to remove him/herself from the vehicle using specific directions. The officer will have the occupants put their hands behind their heads and interlock their fingers. The driver will be instructed to take his/her left hand turn the vehicle off remove the keys and toss them out of the car replacing his/her hand behind his/her head. The driver will then be instructed to open the door with his/her left hand and exit the vehicle with hands again interlocked behind the head. As each person is brought out of the driver’s door, they will be instructed to turn around for a visual weapons check then instructed to walk backwards to a position between the two law enforcment vehicles. If only two officers are present, the secondary officer will handcuff each suspect. When additional officers are present, the secondary officer will remain in position and the additional officers will secure the suspects;
vii. After all known occupants have been secured the vehicle interior will be cleared, checking for hidden suspects. The handcuffed suspects will be frisked for weapons. As soon as the scene is secure, instructions will be given to resume normal radio traffic.
Note: The Tactical radio channel may be utilized by other units if the need to contact the communications center becomes necessary.
d) Once the scene is secure and suspects searched and secured, all suspects will be identified and run through GCIC/NCIC.
2. If an officer is going to investigate a suspicious vehicle without assistance, the following procedures are to be followed:
a) Once an officer identifies a suspicious vehicle he/she want to stop, the officer is to notify the Communications Center of the vehicle's license number, description, sex/race of the driver, and their approximate location;
b) The officer is to use the unit's blue light and when necessary the siren to stop the suspect's car;
c) When the suspect's vehicle pulls over, the officer is to position his/her unit approximately 12 feet behind and to the left of the suspect's vehicle (when appropriate);
d) As the officer stops his/her unit, the unit's flashers and blue lights should be left on. The officer should focus the unit's spotlight through the rear window of the suspect's vehicle;
e) When approaching the suspect's vehicle, the officer is to walk up on the driver's side and visually check its interior. If the driver is the only occupant of the vehicle, the officer is to assume a position clear of the door approximately one foot to the rear driver's door.
f) If the officer has probable cause to conduct a search/inventory of the suspect's vehicle, or after valid arrest, or with valid consent, or pursuant to vehicle impound procedures, a second unit should be present while the search/inventory is conducted to safeguard the officer and suspect.
g) Officers shall check the suspect's name and vehicle through the GCIC/NCIC computer;
IX. BUILDING CHECKS AND SEARCHES
One method of reducing the threat of burglary is through law enforcement initiated building inspections. By checking buildings thoroughly, the officer can lessen the probability of an occurrence or quickly determine whether a crime has occurred. If a crime has been committed, a search should collect significant data on the method of operation, the point of entry and exit, the time frame, and other information imperative to the timely reporting of the preliminary investigation.
A. Checking Buildings as a Part of Patrol-
1. When leaving their unit to check a building, officers are to notify the Communications Center:
a) Of the exact address or location of the building to be checked; and
b) If it is suspected that a prowler is in the building or in the vicinity, additional officers should be requested.
2. When checking a building, officers should always carry a flashlight.
a) When searching the area, the flashlight should be held away from and to the side of the body.
b) The flashlight should not be carried in the gun hand.
c) An attempt should be made to maintain a continuous beam from the flashlight. Intermittent flashes of light should not be made because it will adversely affect the officer's night vision.
3. Officers should carry their mobile radio when conducting building checks; however, the volume should be turned to low.
4. All doors and windows should be thoroughly checked by:
a) Depressing the latches or turning the knob when checking doors. Padlocks should be inspected for signs of tampering or defects; and
b) Inspecting the window sills for pry marks and disturbance of dirt particles.
5. Officers should make an effort to be familiar with the normal appearance of the building and inspect for unusual conditions in the structure, e.g., lights not turned on as usual, window shades drawn, and safe or office furniture moved;
6. Check for ladders, barrels, boxes, etc., against the wall of the building which may indicate the possibility of prowlers on the roof.
7. Be alert for "lookouts" in the vicinity.
a) Lookouts are usually in a place where they can observe an officer's movements and be seen by associates on the inside;
b) The lookout should be apprehended immediately only if it appears he/she will flee before assistance arrives; and
B. Be observant for any person with a walkie-talkie radio as they may be a lookout (use of C.B. radio is not uncommon).
1. Be alert for unusual noises;
2. If time permits, officers should check buildings more than once during a shift; and
3. Officers should be conscious not to develop the habit of checking a building at the same time during each patrol shift.
C. Procedure When an Open or Unlocked Door or Window is discovered
1. In the event officers discover an open or unlocked door, they are to immediately notify the Communications Center of the building's address, what has been detected and request a superior officer and additional assistance, if needed.
2. An officer shall not enter an unsecured building until the superior officer arrives.
a) If a superior officer is not available, request assistance of another patrol unit and await the arrival of the second unit before entering the building;
b) While awaiting for back-up officers to arrive, the officer should be in a location to monitor the most likely avenues for escape; and
c) When the back-up officer arrives, the officer at the scene should disclose his/her location by radio.
3. The ranking officer at the scene will be in charge of the building search. If no ranking officer is present, the officer assigned to the area in which the building is located will be in charge. If the officer assigned to this area is not present, the first officer receiving the call or discovering the condition, will be in charge;
4. Officers will be posted outside the building to prevent possible escape of prowlers before the building is entered by the search party;
a) The number and positioning of officers will be made to ensure each exit is visible to the officers; and
b) Each officer shall remain at his/her assigned position until the search is completed.
5. When going through doorways officers should slowly open the door about one inch, stand away from the door and listen for a moment. Then, the officer should open the door cautiously and enter;
6. Buildings with two or more floors will be searched from the bottom up. Elevators and stairways should be secured and controlled;
7. In the event that a security guard may be working in the building, the officer must be careful not to mistake the security guard for a prowler;
8. When the search of the building is complete, the investigating officer will notify the Communication Center by phone, if possible. The Communications Center is to call the owner to notify him/her that a door was found open and ask him/her to go to the scene. Once the owner has been notified, the investigating officer is to be informed if the owner is coming to the building;
9. One officer will remain at the scene until the building owner or representative arrives. If the Communications Center is unable to contact the owner or representative, the building is to be secured as well as possible; and
10. Once complete, the necessary reports will be prepared by the investigating officer.
X. MANAGING MENTALLY ILL OR INTOXICATED PERSONS
Most law enforcement officers will have some experience with one or more persons who behave abnormally. When confronted with this situation, an officer should endeavor to gain as much background information about the individual as possible.
A. Signs to Help in the Recognition of Mental Illness in a Person:
1. Significant changes in behavior:
a) Others will say that an impaired person is not "himself";
b) They may behave in a way dangerous to themselves or to others; and
c) They may withdraw into themselves, talking only to themselves.
2. They may have sensations that are not based on reality:
a) Visions, strange odors, peculiar tastes or voices -- all or any one of these sensations may be experienced by the impaired person;
b) They may have sensations about themselves that are not realistic.
3. The impaired person may have unrealistic ideas about themselves:
a) They may believe that they have a grand position;
b) They may believe that they are worthless (e.g., extreme depression);
c) They may have delusions (e.g., unrealistic ideas) about the world;
d) They may exaggerate events that occur;
e) They may believe the world is more unfriendly than it is;
f) They may have strange losses of memory or not know the time, or where they are, or who they are.
B. When officers encounter someone who is exhibiting symptoms of a mentally ill or impaired person they should:
1. Take time to evaluate the situation;
2. Not abuse or threaten the person;
3. Avoid unnecessary excitement;
4. Not become overly excited or emotional; and
5. Not lie to them.
C. The types of impaired (abnormal) behavior that are most dangerous are the violent, depressed/suicidal, or where physical illness or loss of memory is involved;
D. Impaired (abnormal) behaviors seen most often by law enforcement officers include:
1. The psychopathic personality;
2. The alcoholic;
3. The drug addict;
4. The sex offender;
5. The mentally retarded; and
6. The mental disorders of old age.
E. Handling Intoxicated Persons:
When a complaint is received from a person an intoxicated condition, mere drinking is not sufficient, that any information from them is doubtful or unfounded, without witnesses and/or physical evidence, the officer shall:
1. Make a miscellaneous incident report noting the condition of the complainant;
2. Advise the complainant that a report will be taken by the Department if he/she call back when he/she is sober; and
3. If the complainant is arrested, his/her complaint will be noted in the narrative section of any Incident Report that is made.
4. Exceptions:
a) There is visible injury to the complainant or another;
b) The offense was witnessed by a sober person; and
c) It is obvious that a crime has occurred.
5. If there is continued harassment (numerous unfounded calls by the complainant) the officer should initiate steps to have the person provided treatment or place criminal charges against them for the appropriate offenses.
6. Procedure for Transporting Mental Patients
a) Any peace officer (peace officer is defined as being any federal, city, or county police officer, and any officer of the Georgia State Patrol, or any sheriff or deputy sheriff) within 72 hours after receiving a physician's certificate stating that a person appears to be mentally ill and in need of involuntary treatment must make a diligent effort to take the person, named in the certificate, into custody and deliver him or her to the nearest available emergency receiving facility serving the county for an examination O.C.G.A. 37-3-41-(a).
Any peace officer taking into custody and delivering for examination a person, as authorized by O.C.G.A. 37-3-41, shall execute a written report detailing the circumstances under which such person was taken into custody. The report and either the physician's certificate or court order authorizing such custody shall be made a part of the patient's record.
b) A court (probate, or juvenile if person is under 17 years of age) may issue an order requiring any peace officer to take a person into custody and deliver that person for examination to the nearest available receiving facility or to a physician who has agreed to examine the individual for the purpose of deciding if he or she is mentally ill and in need of involuntary treatment. The court order must be based either on a timely physician's certificate or on the affidavits of two persons attesting that they have seen the person within the past 48 hours, and based on their observations, they have reason to believe that such person is mentally ill and in need of involuntary treatment. The court order shall expire seven days after it is executed. O.C.G.A. 37-3-41(b).
c) Any peace officer may take any person to a physician or directly to an emergency receiving facility for an examination, if the person is committing a penal offense and the officer has probable cause for believing that the person is mentally ill and in need of involuntary treatment. The officer need not formally tender charges against the individual prior to taking him or her in for an examination O.C.G.A.-37-3-42(a). Whenever a person is taken into custody for the purpose of transport to a physician or a medical facility for an examination, the officer must complete a written report detailing the circumstances under which such person was taken into custody O.C.G.A. 37-3-41; 37-3-42.
d) The governing authority of the county of the patient's residence is responsible for arranging all required transportation of mental patients. The type vehicle used shall be in the discretion of the governing authority, but whenever possible, marked vehicles normally used to transport criminals or those accused of crimes should not be used for the transport of mental patients. The court shall, upon the request of the county board of health, order the sheriff to transport the patient in such manner as the patient's condition demands. At any time the county board of health is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized (O.C.G.A. 37-3-101.)
e) Upon request of the county board of health, the probate court, or juvenile court if the individual is under 17 years of age; O.C.G.A. 37-3-1(4) must order the sheriff to transport the mental patient to a state owned or operated facility in such manner as the patient's condition demands. No female patient shall be transported at any time without another female in attendance who is not a patient, unless such female patient is accompanied by her husband, father, adult brother, or adult son O.C.G.A. 37-3-101.
XI. MISSING PERSONS
A. Initial Investigation
Upon receiving a report that an individual cannot be located, the responding officer will gather an initial physical description of the individual, any leads as to the possible location (destination, mode of travel, routes, etc.), the identity and location where the person was last seen, names and phone numbers of relatives and friends, and any other information which may assist in locating the person. The responding officer will initiate an immediate investigation in an attempt to locate the missing person. This investigation will include at a minimum, all of the following actions to be taken immediately:
1. Initiating an incident report, with a narrative summary of all actions taken by the sworn officer(s), and any related actions known to have been taken by others. The report will contain at a minimum, the following information: (GLECP Std. 5.25a)
a) Height, weight, color of hair and eyes;
b) Use of eyeglasses or contacts;
c) Skin color;
d) Physical or mental handicap;
e) Scars, marks or tattoos;
f) Date / place of birth;
g) Detailed description of clothing;
h) Social security number, driver's license number if applicable;
i) Names and addresses of parents / relatives;
j) Nicknames;
k) Names and addresses of friends;
2. A broadcast made over the patrol frequency with a description of the missing person and any known circumstances. Officers will also provide the pertinent information to the Communications Center so that it may be disseminated to adjacent agencies, and to the law enforcement agencies in the jurisdiction of any known or suspected destinations. (GLECP Std. 5.25b)
3. Required information will be provided to Communications Center personnel so that it may be entered into GCIC/NCIC within 12 hours of taking the report. (GLECP Std. 5.25c)
4. Obtaining a photograph, if possible of the missing individual.
B. Adults
An adult will not be considered missing until after 24 hours have elapsed, unless it is determined by the officer at the scene or their supervisor that foul play or the possibility of same has occurred. Also, if it is determined that the missing adult is elderly, confused, depressed, or mentally retarded the 24 hour rule will not apply.
In any case, a missing persons report will be completed after 24 hours if the adult has not returned home.
C. Special Handling of Missing Children (GLECP Std. 5.25f)
For the purposes of this procedure, a missing child is defined as any person under the age of seventeen (17) whose location is not known, including any child who may have run away from home, who may have been taken away by their non-custodial parent, or whose whereabouts is otherwise uncertain. Certain specific actions, in addition to those listed above, must be taken immediately by the responding officer. These actions include:
1. Notifying the officer's supervisor and initiating a thorough and detailed physical search of any area where there are reasonable grounds to believe that the child could be located.
2. The officer will cause an immediate entry into the NCIC / GCIC computer system. This entry will be removed if the individual is located. The reporting officer must notify the parents or legal guardian when the report is entered into NCIC / GCIC, and note on report. (GLECP Std. 5.25c)
3. Notifying the County's Department of Family and Children Services (DFACS). The officer should request access to any relevant information on the missing child, including: whether or not there is an active case; the name of any case worker; any previous missing incidents; any previous reported abuse cases; and any other information which would lead to the whereabouts of the child.
4. Providing the parent(s) or legal guardian with the 24 hour State of Georgia Clearinghouse for Missing and Exploited Children at 1-800-282-6564 for assistance to be used by parents.
5. The National Center for Missing and Exploited Children (NCMEC) will cooperate with local law enforcement in missing child cases in the following ways:
a) For stranger abducted children, call NCMEC at 1-800-THE LOST, and NCMEC will tape a public service announcement with the child's photo and facts of the case, and will transmit the announcement via satellite to local television stations.
b) Project Alert assigns a specially trained volunteer consultant from NCMEC to provide expert assistance upon the request of the law enforcement agency. The volunteer will maintain daily contact with NCMEC and submit written reports concerning the progress of the case investigation. Case consultations will focus on two (2) categories of cases:
i. Cases requiring emergency response and specialized consultation / advice to the investigating agency; and,
ii. Review of long-term cases to evaluate and make suggestions as to what new approaches may help to locate and bring children home.
D. Critical Missing Person/Foul Play Indicated (GLECP Std. 5.25g)
A critical missing person is any person who meets any of the following criteria: any child age 12 or under; any adult over age 70; any person in poor physical, or questionable mental health; any missing person where there is an indication of foul play (Foul play is indicated if the occurrence is grossly out of character for the person missing or the reporting party has sufficient reason to believe foul play has occurred.); and, any person missing under circumstances which lead a reasonable person to conclude that there is danger if the missing person is not located immediately (i.e., person missing outdoors in extremely harsh weather, person who requires medication, etc.)
1. Whenever a responding officer has a critical missing person, the officer should immediately initiate both a physical search and an investigation.
2. When a small child is involved, there should always be a physical search, especially of the home and property where the child lives. This physical search should be made even if the parent has already conducted a search. Officers should be advised that small children may hide and refuse to answer people calling their name. The physical search should start with the home of the missing person, and spiral outward. Parameters of the search will broaden as time lapses and additional manpower becomes available. The search shall continue until the missing person is located or, in the discretion of the senior law enforcement official, the search should be suspended. (GLECP Std. 5.25e)
3. A regional look-out broadcast shall be made immediately with a description of the missing person and the reason for the critical classification.
4. Mobilize all resources available which could be of help in locating the subject. Resources to consider include:
a) notifying the news media and asking for a camera crew and / or reporter;
b) requesting assistance from the County Fire Department, Public Works Department and other City and County resources to aid in a search;
c) requesting assistance from other law enforcement agencies;
d) requesting a law enforcement canine unit, when appropriate;
e) requesting law enforcement air support to assist in a search; and
f) request search assistance from volunteer groups.
E. Notifications
As soon as possible after receiving a critical missing person report, the Chief Executive Officer will be notified through the chain-of-command.
The investigating officer shall also request that a supervisor notify CID or the Detective on call if other than normal duty hours.
F. Follow-up Investigation
1. Personnel assigned to the follow-up investigation must remain in contact with the person making the report, to keep them apprised of the progress of the investigation. The complainant shall be advised that if he/she has further contact with the missing person, or if the missing person returns, they should notify the department. (GLECP Std. 5.25d)
2. Interviews will be conducted with the reporting person, a spouse, parents, siblings, friends, employers, co-workers or any other persons who may have knowledge of the whereabouts of the missing person. These interviews may be made by telephone or in person, but all interviews and attempts to interview will always be documented.
3. The investigating officer shall continue to make reasonable efforts to acquire additional and ongoing information about the missing person following transmittal of the initial information available, and promptly integrate any additional information acquired into the Georgia Crime Information Center (GCIC) / National Crime Information Center (NCIC) computer systems.
G. Removal of Information from Criminal Justice System (GLECP Std. 5.25c)
When the missing person has returned home or been otherwise located, the officer receiving the notification will have the information removed immediately from GCIC / NCIC. In addition, CID personnel will be notified.
XII. PATROL VEHICLE VIDEO EQUIPMENT/BODY WORN DEVICES (GLECP Std. 1.28)
ATTENTION CEO: This policy does not address which system should be purchased by the agency. That is an individual agency decision. Each system is different and may or may not include storage of video files. Each agency should carefully research which system best suits that agency’s needs. Agencies should also refer to OCGA 16-11-62 for compliance with state law. SB 94 was signed into law May 6, 2015, which directly references “a reasonable expectation of privacy.”
INDEX
I. PURPOSE
This policy is intended to provide officers with instructions on when and how to use body worn cameras (BWCs) so that officers may reliably record their contacts with the public.
II. POLICY
It is the policy of this department that officers shall activate the BWC when such use is appropriate to the proper performance of his or her official duties, where the recordings are consistent with this policy. This policy does not govern the use of surreptitious recording devices used in undercover operations. Recordings made by the use of a BWC may be subject to the Open Records Act.
III. PROCEDURES
A. Administration
This department has adopted the use of the BWCs to accomplish several objectives. The primary objectives are as follows:
1. BWCs allow for video documentation of police-public contacts, arrests, and critical incidents. BWCs may serve to enhance the accuracy of officer reports and testimony in court.
2. Audio and video recordings also may enhance this department’s ability to review probable cause for arrest, officer and suspect interaction, evidence for investigative and prosecutorial purposes, and to provide additional information for officer evaluation and training.
3. The use of a BWC may also be useful in documenting crime and accident scenes or other events which include the confiscation and documentation of evidence or contraband.
ATTENTION CEO: Consideration should be given as to when an officer may review recorded data for factual accuracy when writing a report. The issue may arise when an officer tries to recall a use of force incident. If the officer perceived that the person had a gun when in fact it was a cell phone and the officer writes it as having a gun, is the officer lying or just wrong in what was actually there? Some agencies allow the officer to view the recording so that a report can be factually accurate. If an officer is not allowed to view the recording and submits a written statement that is different from the video, the officer’s credibility may come into question.
B. When and How to Use the BWC
1. Officers shall activate the BWC to record all contacts with citizens in the performance of official duties. This requirement includes all officers on a call for service or involved a citizen contact.
2. BWCs shall remain activated until the event is completed in order to ensure the integrity of the recording, unless the contact moves into an area restricted by this policy (see items D.1-4).
3. If an officer fails to activate the BWC, fails to record the entire contact, or interrupts the recording, the officer shall document why a recording was not made, was interrupted, or was terminated.
4. Civilians shall not be allowed to review the recordings at the scene.
C. Procedures for BWC Use
1. BWC equipment is issued primarily to uniformed personnel as authorized by this department. Officers who are assigned BWC equipment must use the equipment unless otherwise directed by supervisory personnel.
2. Police personnel shall use only BWCs issued by this department. The BWC equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment is the sole property of the department.
3. Police personnel who are assigned BWCs must complete a department-approved and/or provided training program to ensure proper use and operation.
4. BWC equipment is the responsibility of the individual officer and will be used with reasonable care to ensure proper functioning. Equipment malfunctions shall be brought to the attention of the officer’s supervisor as soon as possible.
5. Officers shall inspect and test the BWC equipment prior to each shift in order to verify proper functioning and shall notify their supervisor of any problems.
6. Officers shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute in any manner BWC recordings or portions thereof without prior written authorization and approval by the Chief of Police or his or her designee.
7. Officers are encouraged to inform their supervisor of any recordings which may be of value for training purposes.
8. If an officer is suspected of wrongdoing or involved in an officer-involved shooting or other serious use-of-force, the department reserves the right to limit or restrict an officer from viewing the video file.
9. Requests for deletion of portions of the recordings (e.g., in the event of a personal recording) must be submitted in writing and approved by the Chief of Police or his or her designee in accordance with state record retention laws. All requests and final decisions shall be kept on file.
10. Officers shall note in incident, accident, arrest, and related reports when recordings were made during the incident in question.
D. Restrictions on Using the BWC
BWCs shall be used only in conjunction with official law enforcement duties. The BWCs shall not generally be used to record:
1. Communications with other police personnel;
2. Encounters with undercover officers or confidential informants;
3. When on break or otherwise engaged in personal activities; or
4. In any location where individuals have a reasonable expectation of privacy, such as a restroom or locker room.
E. Storage
1. All files shall be securely downloaded periodically and/or no later than the end of each shift. Each file shall contain information related to the date, BWC identifier, and assigned officer.
2. All images and sounds recorded by the BWC are the exclusive property of this department. Accessing, copying, or releasing files for non-law enforcement purposes is strictly prohibited.
3. All access to BWC files must be specifically for official law enforcement functions.
4. Files shall be securely stored in accordance with state records retention laws and no longer than useful for purposes of training or for use in an investigation or prosecution.
F. Supervisory Responsibilities
1. Supervisory personnel shall ensure that officers equipped with BWC devices utilize them in accordance with policy and procedures defined herein.
At least on a monthly basis, supervisors will randomly review BWC recordings to ensure that the equipment is operating properly and that officers are using the devices appropriately and in accordance with policy and to identify any areas in which additional training or guidance is required.
ATTENTION CEO: The agency should address here a retention schedule for any recordings. For example; 1. Use of Force incidents remain on the storage system for 5 years. 2. Arrests 3 years. 3. DUI and citations 1 year etc. You should consult with your legal department on how to develop a retention schedule. The State Attorney General’s Office can also offer guidance on retention records/open records.
XIII. BIASED BASED PROFILING
A. PURPOSE
To establish a written policy that prohibits the use of bias based profiling by law enforcement officers of the ____________ Department.
B. SCOPE
This policy shall apply to all sworn law enforcement officers of the ____________ Department.
This Policy and Procedure is for ____________ Department Personnel use only and does not apply to any criminal or civil proceeding. Departmental Policy should not be interpreted to create a higher legal standard of safety or care in an evidentiary sense with respect to third party claims.
C. DEFINITIONS
DISCRIMINATE - To make a difference in treatment on a basis other than individual conduct.
BIAS BASED PROFILING – Bias-based profiling occurs when, whether intentionally or unintentionally, an officer applies his/her own personal, societal, or organizational biases or stereotypes when making decisions or taking law enforcement action, and the ONLY reason for that decision or action is because of a person’s race, ethnicity, background, gender, sexual orientation, religion, economic status, age, culture or other personal characteristic, rather than due to the observed behavior of the individual or the identification of the individual as being, having been, or about to be engaged in criminal activity.
Bias based profiling does not include circumstances where the officer has information that includes a racial or ethnic descriptor concerning a suspect for a specific crime where that information is reliable and is likely to lead to the discovery of that individual.
D. POLICY
It is the policy of the ____________ Department to protect the constitutional rights of all people, regardless of race, color, ethnicity, gender, sexual orientation, physical handicap, religion or other belief system or physical characteristic; and to treat each person with respect and dignity.
The practice of bias based profiling by sworn officers of this Department is strictly prohibited. All sworn officers of this Department shall exercise their law enforcement powers in a manner that does not discriminate against individuals based upon any personal, societal or organizational biases. (GLECP Std. 1.25)
Sworn Officers of this Department may consider race and ethnicity in deciding to take law enforcement action only when the officer possesses specific suspect information that is reliable and is likely to lead to the discovery of that individual.
Traffic Stops made by sworn officers of this Department will be based solely on the violation observed.
E. TRAINING
This Department shall administer in-service training to all sworn officers to provide guidance on the consideration of biased based profiling in the Department’s law enforcement activities.
F. DISCIPLINARY ACTION
The Department will conduct periodic performance reviews of sworn officers conduct to insure compliance with this policy.
Members of the Department found to be in violation of this policy will be subject to disciplinary action.
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[1] O.C.G.A. 40-8-91
[2] O.C.G.A. 40-1-7
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