The GACP | Accenting Professional Law Enforcement Through ...
|Chapter 16 |Effective Date: |January 1, 2019 |# of Pages: |85 |
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|PATROL FUNCTION | | | | |
| |Revised Date: |January 1, 2019 |Distribution: | |
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| |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 |
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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 vehicle impound.
F. Establishes a standard operating procedure for the management of disputes, both civil and criminal.
G. Establishes a standard operating procedure for the investigation of suspicious persons and/or vehicles.
H. Establishes a standard operating procedure for conducting building checks and searches.
I. Establishes a standard operating procedure for persons experiencing mental health issues or diminished capacity.
J. Establishes a standard operating procedure for responding to missing persons.
K. Establishes a standard operating procedure for the use of patrol vehicle video equipment and body worn cameras or recording devices.
L. Establishes a standard operating procedure prohibiting bias based profiling.
M. Establishes a standard operating procedure for juveniles.
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
Providing quality service to all persons is an essential function of the law enforcement and must be rendered by every employee of every employee of the department. This 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. Performance of these responsibilities is the to be done in a positive, respectful, and supportive manner.
3. Crime Prevention and Community Relations (GLECP Std. 6.8)
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 service agencies, officers can effectively support efforts of a more comprehensive approach to prevent crime.
Because the conduct of each Departmental employee reflects on the Department as a whole, the responsibility 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)
Patrol operations are the foundation of all the agency’s service delivery within the City/County 24 hours a day, 365 days a year; 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 providing high quality and quantity of contacts between citizens and law enforcement.
6. Response to Calls
The response to 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, they 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, they are to 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 used for 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 state law.[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 must know the physical characteristics of their assignments as well as the current crime problems in those areas. In addition, officers are to 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 provide crime prevention strategies, conflict mediation, and referrals to additional resources.
11. Commitment of Resources
As a public agency, the Department exists to serve interests of persons within the community. 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 and availability of the required resources. To ensure the agency’s credibility is maintained, the
officer making the assurance is to take steps to ensure the request for service is processed.
12. Radio Communication - Field Assignments
All officers engaged in field assignments shall have continuous, uninterrupted access to two-way radio communication (portable radios).
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. To effectively carry out this function, all officers must be familiar with traffic enforcement-related statutes.
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 (Software/Paper UTC). The software assigns sequential numbers to citations as they are issued. The citation numbers are assigned to individual officers in blocks by the (Responsible Position). 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 (Location) so supervisors can issue ticket books on an as needed basis. Supervisors will log the sequential number in the log book indicating the officer’s name, and date issued. 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.
N. 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.
13. 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.
14. 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 accident patterns will be done by the (Responsible Position) 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
k. Directed enforcement is to be initiated in those areas where the 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.
15. 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.
16. 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.
l. 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.
m. 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.
O. 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.
P. 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 they do 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.”
TRAFFIC DIRECTION AND CONTROL
The ____________ Department provides traffic direction and control personnel and other resources as needed. Only trained personnel are authorized to direct traffic.
A. Traffic Direction at Accident Scenes
1. Minor traffic accidents requiring an accident report typically 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. Investigating officers are to follow these procedures:
a. Summon sufficient staffing to handle traffic direction responsibilities.
b. Utilize other 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.
Q. 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 clearly seen 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 their sides except when gesturing; stand facing or with their back to traffic which he has stopped and with their side toward traffic he has directed to move.
17. Stopping Traffic
To stop traffic, the officer should first extend their 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 they are 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.
18. Starting Traffic
To start traffic, the officer should first stand with shoulder and side toward the traffic to be started, extend their 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.
19. 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, their 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.
20. Left Turns
Left turning drivers should not be directed to affect 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 their 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 affect 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 affect the turn during a natural break in the oncoming traffic.
R. 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.
21. 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.
22. 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 be misinterpreted or antagonize motorists.
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 their directions. Officers are not to 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.
23. 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 vehicle’s headlights providing illumination.
This procedure is to be used in conjunction with all relevant existing Departmental policies, procedures, rules and regulations.
S. 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.
T. 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 their opinion, the surface conditions and terrain create 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.
U. Traffic Control Devices
1. Temporary traffic control devices such as cones, barricades, etc., are available from the (Storage Location) 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 (Storage Location).
3. In cases where traffic is congested because of a special event, law enforcement emergency, or a malfunctioning traffic control device, the (Name of Agency) will be called to the scene. Officers will not manually operate traffic control devices unless requested by (Responsible Position/Agency) and shown how to perform such operation.
V. High Visibility Clothing (GLECP Std. 5.13)
All officers shall wear their issued high-visibility reflective traffic vest when working traffic.
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 public expect the law enforcement agencies to respond to requests 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 they complainant may not speak English;
d. Advise the officer that they 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.
W. 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 are to:
1. Properly park their 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 their 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.
X. Portable Radios
The portable radio shall always be carried.
Y. 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, they should take notice of any movement inside (e.g., persons, running silhouettes, or flash light movement).
Z. 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 handcuffed, searched, and placed in the rear seat of the transporting unit and, when practical, secured with a safety restraining device.
24. 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. Generally, the officer receiving the call is responsible for the report;
h. When serious types of calls (shootings, robberies, nature unknown, etc.) are unfounded, the officer is to immediately notify the Communications Center immediately; and
i. Upon arrival on emergency calls, 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.
25. "Officer Needs Assistance" Call
a. Units responding to assist an officer needing help shall operate with blue lights and siren activated;
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.
TRAFFIC ACCIDENT
A. Required Reporting
__________ Police Department officers will investigate and complete a report on any accident occurring in the incorporated city limits, which entails:
1. Death or injury to one or more persons;
2. Property damage to vehicles or other property occurring on city streets or private property (accidents involving minor damage of less than $500 with no injuries do not require a report if all civilian parties involved agree);
3. Evidence that a vehicle left the scene (hit and run accident);
4. Collisions due to alcohol or drugs;
5. Hazardous materials;
AA. Response to Accident Scenes
Officers of the __________ Police Department will utilize the following response and investigation procedures (see Policy ____ for definitions of routine, urgent and emergency response driving):
1. Response in General: In all cases, accidents involving injury or death will result in an emergency response. In certain instances, officers may respond routine, rather than emergency, to accidents with injuries:
a. when the primary responding officer or a supervisor has arrived on the scene and declared that the secondary units need not respond emergency;
b. when medical personnel are already on the scene;
c. in the case of a delayed report where injured parties have been taken from the scene;
d. when called in by another jurisdiction that has an officer on the scene.
In non-injury or non-death accidents (unless listed otherwise below) officers will use a routine response if vehicles are reported to be in or off the roadway. If dispatch has limited information regarding an accident, the officer will presume that the accident is in the roadway and involves no injuries or deaths until advised otherwise.
26. Accidents Involving Death Or Injury: Accidents, which result in death, or an injury which will likely result in death, will be investigated by the Georgia State Patrol. In cases of confirmed death, the medical examiner/ coroner will be summoned to the scene. The body will not be removed until ordered by the medical examiner/coroner. In such cases, all parties and witnesses should be kept at the scene and separated until the Georgia State Patrol arrives. Officers must adhere to Georgia law regarding Implied Consent (40-5-55). Drivers in fatality or serious injury accidents can only be required to submit to a chemical test of their blood, urine, or other bodily substances for the purpose of determining the presence of alcohol or any other drug if there exist probable cause for the offense of DUI and a probable cause arrest for DUI has occurred. In such cases, officers are required to read the driver Implied Consent at the time of the arrest and request the test or tests of their choosing. A driver’s refusing of testing will result in the officer completing a DPS 1205 form on the refusal.
27. Hit & Run Accidents: The primary responding officer in charge of the initial investigation will gather as much information and evidence as possible. The report will then be filed (accident report) with the records section, which will forward copies to the Criminal Investigation Unit for follow-up investigation of open cases. Due to the nature of a hit and run accident, this type of report may be taken after the fact at headquarters or any other location in the city. Supervisors may also approve an officer leaving the city a reasonable distance to take the initial report from the victim.
28. Accidents Involving D.U.I. Drivers: Accidents involving D.U.I. drivers will be fully investigated by the primary officer. However, when deemed appropriate by officers on the scene the duties in a D.U.I. accident investigation may be shared (i.e., one officer handles the accident and the accident report while another officer handles the D.U.I. and the incident report).
29. Accidents Involving Hazardous Material: Accidents involving hazardous materials pose a threat to life and property. Officers will utilize an emergency response to accidents reported to involve hazardous materials and will fully investigate such accidents. Further guidelines for hazardous material accident investigations are provided later in this policy.
30. Accidents Involving Public Vehicles or Property: Auto accidents involving government vehicles/property or other public vehicles/property (i.e., buses,
trains, etc.) will be fully investigated. In many cases, the governing authority over the vehicle/property will send a representative to the accident scene to investigate. Officers will allow those representatives on the scene as long as they do not interfere with the investigation or the scene itself.
31. Accidents Involving Disputes: If dispatch advises responding officers that accident parties are having a verbal dispute, an emergency response may be utilized. If dispatch advises responding units that accident parties are having a physical altercation, an emergency response will be utilized. Once on the scene, officers will keep the parties separated and as calm as possible while fully investigating the accident.
32. Accidents Causing Severe Traffic Problems: Accidents causing severe traffic problems require a routine response on the part of officer or officers responding. Officers may upgrade to emergency response if it becomes necessary to do so in order to get through traffic congestion caused by the accident. Once on the scene, officers will check for injuries, take action to relieve the congestion and investigate the accident. In cases where highway fixtures or public utilities are damaged, the officer will request the 911 Center to notify the Georgia Department of Transportation or utility company to respond.
33. Accidents Resulting in Vehicle Towing: After utilizing the proper response to an accident, officers may find that vehicles are damaged to the point that a tow is necessary. Officers will allow citizens to choose a tow service as long as the vehicle can be removed from the roadway in a timely manner. If the citizen has no preference in tow services, the officer will have the city-contracted tow company respond to the scene. Officers will not complete an impound form on the tow unless charges are being filed or the tow is being made against the wishes of the driver/owner. Vehicles, which are off the roadway and pose no public hazard may be left or towed at the citizen’s request. Officers will fully investigate these accidents.
AB. Suspension of Investigation
In times of weather emergency (i.e., snow, ice, tornado, etc.), the Field Operations Commander may suspend investigation of minor accidents until the drivers can report to headquarters to make a report. If such an emergency does occur, the department will respond to assist those citizens stranded because of accidents. Regardless, the department will continue to respond to all accidents involving injury or death, all accidents involving hazardous materials and all accidents in which traffic hazards exist (i.e., vehicles in traveled roadway).
Officers will not take reports from one party of a two or more-party accident unless all parties are present. The party attempting to report the accident
should be told to contact the other parties in order to meet and report the accident. If the party re-contacts the department advising the other parties are refusing to come forward, they should be told to contact their insurance company for assistance.
AC. Responsibility for Investigation
The officer assigned to the call by dispatch is responsible for the investigation of the accident and completion of the report unless otherwise advised by a supervisor. When possible, this should be the officer assigned to the area where the accident occurs. However, should participating officers agree, the investigation and report may be completed by an officer other than the officer dispatched (i.e., first officer on scene or an officer arriving later who assumes responsibility for the investigation).
AD. Duties of First Officer to Arrive at Accident Scene
1. Officers responding to the scene of an accident will drive in a safe manner so as not to endanger themselves or the public. The first officer on the accident scene will take the following action:
a. position patrol vehicle in a manner to protect the accident scene;
b. check for injured. Administer first aid/CPR, if necessary, until emergency medical units arrive (ambulance, rescue, etc.);
c. request additional assistance (officers, tow vehicles, etc.), if necessary;
d. remove persons, vehicles and debris from accident site and roadway as soon as possible;
e. protect the scene from bystanders, media and other vehicle traffic;
f. establish safe traffic patterns around the scene;
g. locate persons involved in the accident, any witnesses and record all necessary accident information;
h. secure and protect evidence;
i. assist and attempt to resolve any disputes or areas of conflict between parties involved in the accident, making appropriate referrals when necessary;
j. complete the DOT 523-2017 Georgia Uniform Motor Vehicle Accident Report as prescribed in the Georgia Uniform Motor Vehicle Accident Reports Instruction Manual and all additional reports as required;
k. if it comes to the officer's attention that a child from the __________ School system is injured in an accident to the extent that he or she is transported to a medical facility, the officer will contact their supervisor. The Supervisor will contact the Field Operations Commander who will contact the School Resource Officer. The School Resource Officer should then contact the school principal of the injured child and relay the information. This notification will only be required during school days from the hours of 0600-1700 hours. In the case of a fatality, no details will be released to school officials until after the family has been notified.
34. If a fire hazard exists, the first officer shall take immediate action to clear the area of all persons and shall notify 911 for assistance of fire personnel. If necessary, the officer shall summon additional police assistance to establish a perimeter around the accident scene. The officer will use the fire extinguisher mounted in the patrol vehicle only if the fire appears small enough to be extinguished by the device and is safe enough to approach.
35. In the event of a traffic accident suspected to involve hazardous materials the responding officer shall immediately:
a. notify the 911 Center for fire department assistance and advise the type of hazard if known;
b. notify a supervisor to proceed to the scene;
c. move and keep people away from the accident scene;
d. maintain the safest distance possible;
e. request additional police/fire assistance to establish a perimeter around the scene.
36. When approaching an accident scene involving any cargo:
a. do not walk into or touch any spilled material;
b. avoid inhalation of all gases, fumes and smoke even if no hazardous materials are involved;
c. do not assume that gases or vapors are harmless because of lack of smell.
37. Supervisors at the scene of accidents involving HAZMAT incidents shall establish a command post near the accident scene (as close as safety allows) and shall coordinate activities according to departmental procedure.
AE. Duties of Investigating Officer
1. Any accident that occurs within the city limits on a public highway, road, or street shall be properly reported by the investigating officer on a Georgia Uniform Motor Vehicle Accident Report.
38. Accidents occurring on private property shall be properly reported on a Georgia Uniform Motor Vehicle Private Property Accident Report. All accident reports shall be read and approved by the supervisor before forwarding to the records section.
39. The investigating officer shall be responsible for the following on-scene duties:
a. interviewing principals/witnesses;
b. examining/recording vehicle damage;
c. recording accident information;
d. determining damage, if any, to roadway;
e. taking measurements, when appropriate;
f. requesting photographs, when appropriate;
g. collecting/preserving evidence;
h. providing information to parties involved.
40. Follow-up activities may be conducted away from the accident scene after the normal flow of traffic is resumed. The investigating officer shall be responsible for follow-up on accidents, when necessary, which include:
a. collecting off-scene data (includes locating hit and run vehicles, talking to other witnesses who are not present at the scene);
b. obtaining/recording witness statements;
c. reconstructing accidents;
d. completion of an accident report and an incident report if necessary, to support criminal charges or document circumstances of the incident.
41. Officers may take enforcement action if they determine a violation of law or ordinance whether such violation was the cause of the accident or not.
42. The investigating officer may remove any valuable property (cash, obviously valuable jewelry) from the vehicles being towed if the persons involved are unable to care for the property due to their medical condition or incarceration and the officer feels the possibility of the property being stolen or lost is high.
All property taken from the vehicle shall be processed in accordance with department procedures regarding evidence and. All required forms will be completed and turned in with the property and an incident report will be completed. The officer shall notify the owner and advise them of the location of the removed property.
VEHICLE IMPOUND
A. PURPOSE
To establish guidelines concerning the towing or impoundment of vehicles by officers of the ____________ Police Department.
B. SCOPE
This policy shall apply to the removal, transport, storage and release of vehicles that are towed or impounded.
C. DEFINITIONS
Highway: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
Roadway: That portion of the highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder.
D. POLICY
Vehicles will only be impounded in accordance with state law governing the removal of vehicles by police officers. (See Official Code of Georgia, Sections 40-6-202, 40-6-206, and 40-11-3.)
AUTHORITY TO REMOVE VEHICLES FROM ROADWAYS (OCGA 40-6-202)
Officers of the ___________ Police Department are authorized to remove vehicles or require the driver to remove vehicles for the following reason:
Vehicle is located upon the roadway, outside a business or residential district, stopped, parked or left standing, and it is practical to stop, park or leave the vehicle off the roadway.
REMOVAL OF VEHICLE FROM HIGHWAY (OCGA 40-6-206)
A. A vehicle is unattended and left illegally standing upon any highway, bridge or causeway or in any tunnel.
B. A report has been made that such vehicle has been stolen or taken without the consent of its owner.
C. The person or persons in charge of such vehicle are unable to provide for its custody or removal.
D. The person driving or in control of such vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay.
E. Any such vehicle that has been left unattended for 24 hours or more.
F. Such vehicle is stopped, except when traffic congestion makes movement impossible, on a controlled access highway which is part of the national system of interstate and defense highways, for more than eight hours, unless such vehicle constitutes a traffic hazard, in which case it may be removed immediately.
REMOVAL OF VEHICLE FROM PUBLIC PROPERTY (OCGA 40-11-3)
Officers of the ___________ Police Department shall be authorized to remove vehicles from public property for the following reasons:
A. Vehicle is left unattended on a public street, road or highway or other public property for a period of at least five days and the officer reasonably believes that the person who left such motor vehicle unattended does not intend to remove such motor vehicle.
B. Vehicle is left unattended on a public street, road or highway or other public property and such vehicle poses a threat to public health or safety.
C. Once the vehicle has been impounded the officer will complete an incident report and direct communications to list the vehicle on GCIC as an abandoned/impounded vehicle.
PROCEDURES FOR REMOVAL OF TRAFFIC HAZARDS OR OBSTRUCTIONS
A. Vehicles which are unattended and left upon a highway or public roadway in a manner that obstructs traffic or creates a hazard may be towed and impounded after reasonable effort has been made to contact the owner to have the vehicle moved.
1. When the vehicle owner or person responsible for the vehicle cannot be located in the immediate vicinity or otherwise be contacted for disposition or if the person responsible for the vehicle cannot immediately remove the vehicle, the vehicle may be towed to an impound lot by the tow service on call.
2. If the vehicle is parked on private property on which the arrestee or owner is legally residing, or the property owner does not object to the vehicle being parked at the location.
3. The vehicle is not needed as evidence, can be legally parked, and the owner requests it be left at the scene. The requester should be informed the department is not responsible for theft or damages. (NOTE: Some agencies may consider requiring the individual sign a release.)
4. A Vehicle Impound and Inventory form will be filled out at the scene by the impounding officer.
5. Once the vehicle has been impounded the officer will complete an incident report and direct communications to list the vehicle on GCIC as an abandoned/impounded vehicle.
AF. Attended vehicles which are inoperable, and which are obstructing a highway or public roadway or otherwise creating a traffic hazard shall be removed by the owner or the person responsible for the vehicle. If the owner or person
responsible for the vehicle is unable or unwilling to remove the hazard within a reasonable time, the vehicle may be impounded.
1. The vehicle owner or person responsible for the vehicle may remove the vehicle from the roadway and temporarily park the vehicle upon the roadside. Vehicle owner shall retain full responsibility for the timely removal and for the security of the parked vehicle.
2. The vehicle owner may request a tow service to be called and such request will be complied with when response can be made within a reasonable time. If no specific tow service is desired, the service on call will be notified.
PROCEDURES FOR REMOVAL OF ABANDONED VEHICLES
A. Vehicles abandoned upon private property:
1. Will not be impounded by officers of the ___________ Police Department but removal shall be the responsibility of the property owner, unless authorized under City Ordinance.
2. Shall be checked by registration to determine if the vehicle is stolen.
3. The property owner shall contact a towing service for removal of the vehicle if the vehicle is not stolen. If the property owner knows the identity of the owner of the vehicle, the property owner shall give the information to the towing service. If the identity of the owner of the vehicle is not known, the towing service shall contact the police department in accordance with Georgia Traffic Law 40-11-2 for the information.
AG. Vehicles which are abandoned or parked upon public property or public highway will be handled as follows:
1. A registration check will be made to determine identity of owner or whether the vehicle is stolen.
2. If vehicle is not stolen, a reasonable effort will be made to locate the owner.
3. If the officer is unable to contact the owner, a tow away notice shall be affixed on the windshield or driver's window of the vehicle.
4. If the owner is not located, the vehicle will be removed if it has been abandoned for five (5) days.
5. If it appears the vehicle is being stripped or vandalized, then the vehicle will be impounded immediately.
6. A Vehicle Impound and Inventory form will be filled out by the impounding officer.
7. If an abandoned vehicle is impounded, an incident report will be filled out and the vehicle information entered in GCIC files.
8. The impounding officer or dispatcher will provide the towing company with vehicle registration information at the time of towing.
PROCEDURES FOR STOLEN VEHICLE RECOVERY
A. If possible and practicable, recovered vehicles should be processed at the recovery site and released to the owner without towing.
B. When the officer is unable to contact the owner to take custody of the vehicle within a reasonable time, or when the vehicle cannot be processed on-site, the vehicle may be impounded. It is the entering agency’s responsibility to notify the owner of the impoundment.
1. When a stolen vehicle has been recovered, an investigator will be notified, if necessary.
2. An incident report or supplemental report will be completed by the recovering officer and a copy delivered to Communications immediately for GCIC file clearance.
3. A Vehicle Impound and Inventory form will also be completed unless the vehicle owner responds to the scene and takes possession of the vehicle.
4. A hold will only be placed on the vehicle if requested by the entering agency via GCIC Administrative Messages.
PROCEDURES FOR TOWING/IMPOUND OF VEHICLES FOLLOWING ARREST
A. When the operator of a vehicle is arrested for a violation of state or local law, the vehicle may be impounded for safekeeping.
B. If the driver is taken into custody and another person is authorized and capable of taking control of the vehicle, it is unnecessary for the officer to impound it. The person being arrested may request a driver to the scene. The additional driver will be given 20 minutes to respond to the scene and remove the vehicle.
C. If the driver is arrested and requests a particular towing service, the officer will comply with the request and will complete the Vehicle Impound and Inventory form.
TOW SERVICES
The officer at a scene, whether it be an accident, crime scene, road hazard, or stranded motorist, shall determine if a wrecker is needed and, if so, shall ascertain if the owner/operator is in condition to make their preference known and, if so, what wrecker service the owner/operator wants called. Distance and time factors are to be considered when determining the towing service to be used. Services requested by the owner/ operator of the vehicle must be able to respond to the scene within 20 minutes. If circumstances cause a delay beyond 20 minutes, another towing service will be summoned, or the supervisor is to be notified for approval of delay beyond 20 minutes.
No police officer, when on official duty, shall recommend to any person the wrecker company to be called or employed. In the event the owner/operator is unable to make a choice due to injury or physical or mental impairment or does not have any preference, the officer shall call the wrecker service on call. Wrecker services used by the ___________ Police Department shall be maintained on an on-call 24-hour-a-day basis.
In the event the dispatcher is unable to reach the wrecker service on call or for any reason the wrecker service on call is unable to furnish the service, then the back-up wrecker service shall be called to provide the needed wrecker service.
Except in emergency situations, the officer shall await the arrival of the wrecker and complete the vehicle impound form which shall contain the information and details prescribed by the report. The wrecker operator shall sign the vehicle impound form and be furnished a copy of said form.
VEHICLE IMPOUND AND INVENTORY FORM
The Vehicle Impound and Inventory form shall be filled out by the impounding officer and shall be maintained in the Records Section.
REMOVAL OF PROPERTY
A. Officers may remove any contraband or evidence of a crime from an impounded vehicle if the property removed was located during the inventory of a vehicle.
B. All property of a valuable nature should be removed from an impounded vehicle and turned in to the property room to be returned to the owner.
C. Any property removed or left in the vehicle shall be noted on the Vehicle Impound and Inventory form.
"HOLD" ORDERS
A. Officers placing a "hold" on a vehicle should advise the patrol supervisor of the circumstances surrounding the request or need for a "hold".
B. The reason for the "hold" shall be written on the vehicle impound form.
C. Vehicles placed on "hold" may only be released upon the approval of the Field Operations Commander, patrol supervisor or officer placing the "hold" request.
D. A copy of the vehicle impound form indicating the “hold” should be provided to the Criminal Investigation Unit.
RELEASE OF VEHICLE TO OWNER
A. All impounded vehicles shall be released to the owner upon proof of ownership.
B. Proof of ownership may be the title, registration, insurance or tag receipt.
C. Whenever a "hold" is placed on a vehicle, only the Field Operations Commander, patrol supervisor, or the officer placing the "hold" are authorized to release a vehicle.
MANAGING DISPUTES
The role of law enforcement officers in non-criminal, civil disputes is that of an impartial keeper of the peace. In criminal disputes officers are to restore order, quell disturbances and make the necessary arrests for violations of the law.
A. Civil (Non-Criminal) Disputes Defined:
A civil dispute is a non-violent confrontation between two or more persons which do not involve a breach of the peace or the commission of a criminal act. The following procedures should be followed for resolving 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. For example, 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 may be arrested;
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.
43. 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;
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 the primary aggressor. 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:
a) Prior family violence involving either party;
b) The relative severity of the injuries inflicted on each person;
c) The potential for future injury; and
d) Whether one of the parties acted in self-defense.
e) 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.
f) The officer shall advise available remedies and services to the victim of family violence.
44. Orders of the Court
Officers of the Department shall enforce only local and current orders of the court which specifically direct the Sheriff or their 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.
AH. Criminal Disputes
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 probable 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. When there is insufficient evidence to support probable cause to arrest without a warrant, the officer will provide disputants information on the procedures for initiating criminal prosecution.
45. Officers may attempt to bring disputants back together to develop alternatives for conflict resolution, or referral to other services/counseling; and
46. When a dispute cannot be resolved and evidence does not support an arrest, but the potential for violence exists, officers shall attempt to persuade one of the disputants to leave the premises voluntarily.
47. 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.
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 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 conducting the investigation in a crowd;
c. At night, attempt to direct the car lights on the suspects; and
d. Each person is to be checked through the GCIC/NCIC.
48. 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:
a) The first officer will guard the suspects; and
b) 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.
49. 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.
50. 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.
51. 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.
AI. 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 immediately notify the communications center. Officers who have received a “Hit” notification 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 is to 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:
a) 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;
g) 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.
h) 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;
i) 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;
j) 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;
k) The primary officer will direct each occupant to remove themselves 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 their left hand turn the vehicle off remove the keys and toss them out of the car replacing their hands behind their head. The driver will then be instructed to open the door with their 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 weapon’s check then instructed to walk backwards to a position between the two law enforcement 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;
l) 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.
n. Once the scene is secure and suspects searched and secured, all suspects will be identified and run through GCIC/NCIC.
52. 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 they 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 their unit approximately 12 feet behind and to the left of the suspect's vehicle (when appropriate);
d. As the officer stops their 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;
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.
53. 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 to avoid adversely affecting their night vision, officers should use intermittent flashes of light.
54. In the event ear mics are not used, the volume of the portable radios should be turned to down.
55. 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.
56. 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);
57. Check for ladders, barrels, boxes, etc., against the wall of the building which may indicate the possibility of individuals on the roof.
a. Be alert for "lookouts" in the vicinity. Those individuals should only be immediately apprehended if it appears they will flee before assistance arrives;
b. Be alert for unusual noises;
c. If time permits, officers should check buildings more than once during a shift; and
d. Officers should be conscious not to develop the habit of checking a building at the same time during each patrol shift.
AJ. 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 additional assistance.
2. An officer shall not enter an unsecured building until the officer arrives. While waiting for back-up officers to arrive, the officer should be in a location to monitor the most likely avenues for escape; and
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;
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 their assigned position until the search is completed.
58. 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;
59. Buildings with two or more floors will be searched from the bottom up. Elevators and stairways should be secured and controlled;
60. 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;
61. When the search of the building is complete, the investigating officer will notify the Communication Center to call the owner to notify them a door was found open and ask them 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;
62. 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
63. Once complete, the necessary reports will be prepared by the investigating officer.
PERSONS EXPERIENCING MENTAL HEALTH ISSUES or DIMINISHED CAPACITY[3]
A. PURPOSE
The purpose of this policy is to establish general guidelines for the recognition and appropriate handling of individuals with mental health issues, in a mental health crisis, or experiencing diminished mental capacity.
AK. POLICY
It is the policy of the ____________ Police Department is for officers to handle persons who are experiencing a mental health condition or diminished capacity in a manner that will minimize the potential of an injury to the person being dealt with as well as the employees involved.
AL. DISCUSSION
Responding to people with mental health conditions has become an increasing component of law enforcement calls for service. Since law enforcement officers are generally the first responders to encounter these persons when they are in crisis, it is important to have a calm demeanor and training to contain the situation.
Agency members must recognize that the responses of people with certain mental health issues may resemble those of people who have abused substances such as alcohol or drugs. At times, people with diabetes, epilepsy, multiple sclerosis, hearing impairments, and other disabilities may exhibit traits that mirror symptoms of substance abuse.
When having contact with anyone having a mental health issue, regardless of the circumstance, agency members must take extra caution to ensure that the person’s rights are not violated and that he understands what is occurring. Some individuals may not have the educational or communication comprehension levels necessary to fully understand the basic Miranda rights. Simply reading the rights to someone with these issues and having the individual acknowledge that they are understood may not be sufficient and may render any statements they give inadmissible in court.
Officers periodically have contact with individuals exhibiting bizarre behavior. This behavior is often a result of alcohol intoxication, the influence of drugs, mental health issues, uncontrolled anger, or a combination of these factors. However, in some cases bizarre behavior may be associated with a serious medical condition called excited delirium. Some instances of this condition may be fatal. The ___________ Police Department recognizes this as a serious medical condition and will utilize a team approach consisting of dispatchers, police, and emergency medical personnel to address the situation. Any associated criminal investigation or charges will be secondary to addressing this medical condition.
AM. DEFINITIONS
Alzheimer’s Disease – A physical illness and form of dementia that causes changes in the brain. Dementia affects a person’s memory, mood, and behavior. Alzheimer’s disease usually affects people over sixty-five years of age. A person with this disease has trouble remembering, speaking, learning, making judgments, and planning.
Crisis Intervention Team – Officers specially trained in handling individuals with mental, emotional, or psychological illnesses.
Delirium - Is a disturbance of consciousness that develops over a short period of time, usually hours to days, that is accompanied by a change in cognition, and tends to fluctuate during the course of the day.
“Excited Delirium” - Refers to a behavioral condition whereby a person exhibits extremely agitated and non-coherent behavior, elevated body temperature, and excessive endurance without apparent fatigue. Excited delirium is often seen in the context of people under the influence of an illicit stimulant substance or in people with a history of mental health issues who are not taking their medications properly.
Intellectually Disabled – Significantly sub-average general intelligence with deficits in the ability to meet standards of personal independence and social responsibility expected of an individual’s age, cultural group, and community.
Mental Health Condition – Often referred to as mental illness, is an impairment of the emotional processes that exercise conscious control of one’s actions or of the ability to perceive or understand reality, which impairment substantially interferes with a person’s ability to meet the ordinary demands of living, regardless of etiology. For of this directive, the term specifically excludes persons identified as being intellectually disabled, simple intoxication, or substance use disorder, and conditions manifested only by personality disorders
or substance abuse impairment unless otherwise specified by a medical condition.
Mentally Health Consumer in Crisis – A situation in which an individual who is believed to have a mental health condition displays one or more of the following: delusions, hallucinations, erratic behavior, creating a disturbance, threatening harm to oneself or others, or other behavior that causes alarm.
Receiving Facility - Any hospital, community facility, public or private facility, or receiving or treatment facility providing for the evaluation, diagnosis, care, treatment, training, or hospitalization of persons who appear to have a mental health condition or have been diagnosed as having a mental health condition or disorder.
Substance Abuse Impairment – A condition involving the use of alcoholic beverages or any psychoactive or mood-altering substance in such a manner as to induce mental, emotional, or physical problems, and cause social dysfunctional behavior.
AN. PROCEDURE
NOTE: If the agency does not provide dispatcher services, an overview of the processes used by the agency should be substituted in Section A.
1. Dispatching Calls Involving Subjects with Mental, Emotional, and Psychological Disabilities
a. Communications personnel receiving a complaint involving a person believed to have a mental, emotional, or psychological issue, should attempt to obtain as much information about the subject and their condition as possible.
o. If it is determined that the complaint involves a subject who has a “mental health condition,” the Call Taker should attempt to obtain the following information, including, but not limited to:
a) Subject’s name, age, race, sex, and date of birth
b) Height and weight
c) Hair and eye color
d) Clothing description
e) The subject’s relationship to the complainant
f) If the subject has left the area; find out:
i. The location where subject was last seen
ii. Method of transportation used and description, e.g. vehicle, bicycle, foot, etc, and direction of travel
iii. Potential destination
p. By questioning the complainant regarding the circumstances, the Call Taker should attempt to obtain the following information:
a) Is the subject armed? Are there weapons or firearms at the location?
b) Does the subject have any violent tendencies, or a history of suicide attempts or violence?
c) The type of mental health issue involved, the name(s) of any prescribed medication(s), and if or when the subject last took the medication(s).
d) Where is the subject within the location and what is he doing? Is he delusional or hallucinating, hearing or seeing things that are not there? Is the subject frightened or aggressive? Is the complainant frightened or feeling threatened?
e) Name of local doctor, psychiatrist, case manager, and history of hospitalization and name of facility.
f) Individual’s attitudes toward persons in positions of authority or police officers?
g) Any other important information available.
q. If it appears that the call may involve a mentally, emotionally, or psychologically impaired person, 911 is to dispatch a Crisis Intervention Team (CIT) officer to the call if available. Each patrol supervisor will note on their Daily Roster the CIT trained officers that are available for that shift.
r. If the subject has left the area prior to the officer’s arrival, it may be necessary for the officer to broadcast a radio BOLO alert to other law enforcement personnel about the circumstances involving the mentally health consumer.
64. Recognizing Subjects with Mental, Emotional, and Psychological Disabilities
a. Other terms, including “mental illness,” “emotional illness,” and “psychological illness,” are often used to describe disturbances in thinking, feeling, and relating that are often exhibited by persons with a mental health condition. These terms should not be confused with intellectual development disability.
The following are generalized signs and symptoms of behavior that may suggest an individual has a mental health condition. Employees should not, however, rule out other potential causes such as reactions to narcotics, or temporary emotional disturbances that are situationally motivated. Subjects with a mental health issue who may need further evaluation typically exhibit a combination of the following characteristics, or indicators of their condition:
a) Degree of Reactions – Persons with a mental health condition may show signs of strong and unrelenting fear of persons, places, or things. The fear of people or crowds, for example, may make the individual extremely reclusive, or aggressive without apparent provocation.
m) Appropriateness of Behaviors - An individual who demonstrates extremely inappropriate behavior for a given context may be an emotional/mental health consumer. These behaviors may include; rapid speech, flight of thought, no eye contact, quick movements, disconnected speech patterns, constantly moves or paces, cannot concentrate, mood changes quickly from highs to lows, disorganized thoughts, disoriented in relation to time or place, acts of violence, cutting self, combative/aggressive behavior, inappropriate dress or nudity.
n) Extreme Rigidity or Inflexibility – Persons experiencing an emotional issue may be easily frustrated in new or unforeseen circumstances and may demonstrate inappropriate or aggressive behavior in dealing with situations.
o) In addition to the above, persons with a mental health condition may exhibit one or more of the following characteristics:
i. Abnormal memory loss related to such common facts as name, home address, wandering at night, leaving things on stove unattended, not eating or sleeping, or caring for personal needs, uncontrolled anxiety, confusion, quantity and age of unused foods in refrigerator (although these may symptoms of other physical ailments such as injury or Alzheimer’s disease).
ii. Injury to the head or traumatic brain injury (TMI).
The belief in thoughts about oneself that have no basis in realty or are delusional, such as being a famous person or that he is God, or that everyone is “out to get” him.
iii. Hallucinations of any of the five senses (e.g. seeing people who are not there, hearing voices telling them to hurt themselves or others, smelling strange odors, etc.).
iv. The belief that one suffers from extraordinary physical maladies that are not possible (e.g. a person who is convinced that his heart has stopped beating for extended periods of time, or his stomach has rotted away, etc.).
v. The individual may have suicidal indicators and ideations, have access to weapons, speak about previous suicide attempts, makes direct comments about dying or hurting self, and possibly has evidence of previous attempts such as scars on the wrists.
vi. The person may either have insomnia or an increase in sleep, has not eaten in days, their home is in disarray, neglects household, property or personal hygiene to the point of putting himself or others at risk.
vii. The subject may have low self-esteem, feelings of hopelessness, or no reaction and feeling or no interest at all.
viii. There may be evidence of abuse of prescribed medications, or the subject has not taken his medications, has abused alcohol or illegal substances while taking medications.
s. The condition of Excited Delirium may be caused by several factors including, among others, drug use (particularly cocaine or methamphetamine abuse), substance withdrawal, and/or a mental health condition. The person’s ability to focus, sustain, or shift attention is impaired, and are easily distracted. The person’s speech may be rambling and incoherent, and it may be difficult or impossible to engage the person in conversation. The person may also be disoriented in regard to time, location, misinterpreted perceptions, be delusional, and/or experience hallucinations. Due to an elevated body temperature, many of these individuals remove one or more items of clothing, and they often appear impervious to pain. A person in an excited delirium state may exhibit one or more of the following:
a) Agitation, excitability, paranoia, aggressiveness, excessive strength, fear, rage, violence towards others, depression, confusion, shouting, violence towards objects, sudden calmness, grunting, hyperactive, sweating, hyperthermia, attraction to glass, seemingly endless endurance.
b) Officers should recognize that not everyone who exhibits the above-mentioned indicators are in a state of excited delirium. Head injuries, thyroid storm and hyperthermia are just some examples of medical conditions that could mimic excited delirium.
c) The _________ Police department recognizes that the term, “excited delirium” is not a medical diagnosis and officers are not expected to diagnose this state in the field. Officers are made aware of the behavioral cues present at the scene and when safe and practical, utilize the team approach as a method of addressing the medical condition.
t. If an officer on scene believes they are dealing with an individual who may be suffering from a mental, emotional, or psychological issue, they are to request a CIT officer be dispatched, if available.
65. Dealing with Persons Experiencing Mental, Emotional, and Psychological Issues
a. Determining Danger - Not all persons with mental health conditions are dangerous, while some may represent danger only under certain circumstances or conditions. Officers may use several indicators to determine whether an apparent mentally health condition person represents an immediate or potential danger to himself, the officer, or others. These include the following:
a) The availability of weapons or potential weapons to the subject.
b) Statements and actions by the individual that suggest they are prepared to commit a violent or dangerous act, such as innuendos or direct threats, taken in conjunction with other information.
c) A personal history that reflects prior violence under similar or related circumstances. The subject’s personal history may be known by the officer. The complainant, person’s family, friends, or neighbors may also be able to provide this information.
d) Failure of the person to act dangerously prior to the arrival of officers does not guarantee there is no danger. However, officers should remain alert for sudden changes in the subject’s demeanor.
e) The amount of control the individual in crisis demonstrates is significant, particularly the amount of physical control over emotions of rage, anger, fright or agitation. Signs of a lack of control include extreme agitation, inability to sit still or communicate effectively, wide eyes, and rambling thoughts and speech. Clutching oneself or other objects to maintain control, begging to be left alone, or offering frantic assurances that one is all right may also suggest the individual is close to losing control.
f) The volatility of the environment is a particularly relevant factor that officers must evaluate. Agitators who may affect the individual, or a particular combustible environment that may incite violence, should be taken into account.
u. Encountering / Interviewing Subjects Who May Have a Serious Mental Health Condition - If an employee determines the person he is dealing with may be experiencing a mental health condition, and a potential threat to himself, the officer or others, or may otherwise require law enforcement intervention as provided by statute, the following should be done:
a) Officer Safety is a Priority. Notify 911 of the situation and request a CIT officer to handle dealing with the subject, if available. Maintain good officer safety. Watch the subject’s hands and be mindful of anything within the subject’s proximity that could possibly be used as a weapon.
b) If information is obtained during initial dispatch or while on scene indicating the person involved is in an extremely agitated or delirious state and might be a danger to himself or others or that might suggest a possible life-threatening medical emergency, EMS will be notified and instructed to stage at a safe location. At least three officers in addition to the CIT officer will be dispatched in such circumstances, in the event the individual needs to be taken into custody. Unless there is an issue that must be immediately addressed (i.e. threats, persons injured), law enforcement will wait for EMS to arrive and be ready to deploy before making contact with the subject. Every effort should be made to contain the subject in an area where they are less likely to harm themselves or others.
c) Take steps that might calm the subject. When possible, eliminate emergency lights, and sirens, disperse crowds, and assume a quiet non-threatening manner when approaching or conversing with the subject. Give the subject adequate space, do not corner
him. Where violence or destructive acts have not occurred, avoid physical contact, and take time to assess the situation.
d) The subject should be handled calmly and spoken to in a reassuring voice. The primary officer should introduce themselves and say they are there to help. Try to establish a comfort zone by showing respect and dignity for the subject. Listen to him, but neither endorse nor argue with his delusions/hallucinations, etc.
e) Frequently, a family member or friend is of great value in calming a subject exhibiting unusual behavior as a result of mental or emotional impairment. However, when seeking this assistance, be mindful family members and friends can at times be the cause of the problems experienced by the subject.
f) Be patient with them. Communicate with the individual in an attempt to determine what is bothering him. Speak slowly. Ask short direct questions. Repeat yourself as needed. Relate your concern and respect for their feelings and allow them to vent their feelings.
g) Avoid topics that may agitate the person and guide the conversation towards topics that help bring the individual back to reality.
h) Always attempt to be truthful with a mental health consumer. If the subject becomes aware of a deception, he may withdraw from the contact in distrust, and may become hypersensitive or retaliate in anger.
i) The use of force should always be a last resort when dealing with a person who has a mental health condition. If verbal de-escalation techniques fail and the decision to physically detain the subject is made; the supervisor or command officer on the scene will form a plan on how the takedown and restraint process will take place. (An Excited Delirium Response Protocol has been added to the end of this chapter to assist officers on the scene of such incidents.) The plan is to be consistent with applicable techniques as guided by departmental standards. EMS will be a part of the plan so they know when to move in to sedate the subject. The decision to sedate the subject based on their agitated state or behavioral emergency is left entirely up to the paramedic. Law enforcement officers are not authorized to command the paramedic to sedate someone.
j) Officers will take the person to the ground using a multiple officer take down method. Less lethal weapons should only be used in self-defense and as a last resort if the multiple officer take down is ineffective and the subject is an immediate threat to the officers, himself or citizens.
k) Officers will use the recommended restraint control tactic (5-point or 4-point depending on the number of officers on scene) to control the subject in the prone position.
l) One command officer will advise the EMS personnel that it is clear for them to move in and sedate the subject. The EMS personnel will announce loudly, “INJECTION COMING” as they approach. Officers will hold their positions until the paramedic announces loudly, “CLEAR”, and they have secured the needle/syringe.
m) Officers will then restrain the subject using the multiple handcuff technique. The use of three sets of handcuffs (chain linked only) is the default number of cuffs to use. The handcuffs should be positioned three across, which will allow most subjects to be transported in the supine position (lying face up) for monitoring and any additional medical treatment that might be conducted.
i. Depending on the size of the subject, a larger person may have more sets of handcuffs secured lengthwise to provide the distance necessary to place the person in the supine position. Two sets of handcuffs could provide the necessary space to transport smaller individuals.
ii. In order to allow the backboard to be placed between the subject and the handcuffs, it will take a minimum of four sets of handcuffs across to accommodate this transport.
iii. It is important to note this handcuff technique is only for transporting a subject in a supine position in an ambulance. It is not to be used to transport a prisoner in a patrol vehicle.
p) Once the hands are restrained, officers controlling the legs will secure the legs using a leg restraint device.
q) Officers will assist EMS with loading the individual onto the gurney. The leg restraint will be secured to the end of the backboard to prevent the subject from kicking.
r) Officers will assist EMS in loading the subject into the ambulance. Officers will also remind EMS personnel to take a core body temperature of the subject.
s) At least one officer will ride in the back of the ambulance to the emergency room to relay any pertinent information to the medical staff.
t) Officers will document the event and the amount of force used to contain, capture, control, restrain, and transport the subject.
u) An after-action review will be completed as soon as possible after the incident occurs to included involved officers, and other personnel.
66. Accessing Mental Health Services
a. Voluntary Admissions
a) If an individual is willing to be voluntarily evaluated by a mental health professional a less restrictive means of transportation, such as willing family members or a friend, should be used to transport the individual to a receiving facility if possible. The subject may be transported in a patrol vehicle if no other appropriate options are available.
b) The Georgia Crisis and Access Line (GCAL) is a 24/7 service from the Georgia Department of Behavioral Health and Development Disabilities (DBHDD) that provides treatment and support services. The GCAL can direct the individual to a crisis center that has space available.
v. Involuntary Evaluation Orders
a) The _______ County Probate Court may issue an order commanding any peace officer to take such person into custody and deliver him for examination to the nearest emergency receiving facility (OCGA 37-3-41). These orders are normally served by the ________ County Sheriff’s Department. If an officer comes into contact with a person who has an active pick up order for an involuntary mental evaluation the officer should contact 911 and request that a deputy meet with him to facilitate the transport. If the person is a danger to himself and immediate transport is needed the officer should transport to the emergency room. The officer should stand by at the emergency room until a
________ County Deputy is able to respond with the appropriate paperwork. The officer will complete a miscellaneous report documenting the actions of the person and the reason for the transport.
b) A peace officer is authorized to take a person into custody and to return that patient who has been involuntarily hospitalized pursuant to a valid physician’s certificate, court order, or hearing examiner order under OCGA 37-3-5, to a facility when the person leaves the facility without permission.
w. Law Enforcement Initiated Admissions
An officer may transport a person to the _________ Medical Center Emergency Room for an involuntary evaluation per OCGA 37-3-42 if:
a) The person is committing a penal offense and
b) The officer has probable cause for believing that the person who has made a threat of harm to self or others has a mental health condition requiring involuntary treatment. (The officer does not have to formally charge the person for them to be evaluated.)
The officer will complete the appropriate titled incident report indicating the law violated by the person and a detailed narrative explaining the events of the episode the person was involved in. If no formal charges are filed the case may be exceptionally cleared.
x. Mental Health Resources
a) The Georgia Crisis and Access Line (GCAL) is a 24/7 service from the Georgia Department of Behavioral Health and Development Disabilities (DBHDD) that provides treatment and support services. The GCAL can direct the individual to a crisis center that has space available.
b) The Mobile Crisis Team can be sent to a location to assist with de-escalation, reducing the risk of individuals in crisis harming themselves or others. This service is best used when an individual is experiencing a behavioral health issue that is likely to turn into a crisis if intervention does not occur. These services are accessed by calling the GACL hotline which will determine the best approach.
c) ______ County Mental Health
(NOTE: Include process for persons to set up appointments or when walk-ins are accepted)
v) Veteran Crisis Line is a 24/7 service for veterans. Persons can contact a representative at 800-273-8255 or via text at 838255.
(NOTE: If there is a mental health accountability court in the circuit, processes for access and using their services should be outlined.)
AO. Memory Impaired Persons
Alzheimer’s disease causes intellectual deterioration in adults severe enough to dramatically interfere with occupational or social performances.
1. The changes include:
a. Disturbances in memory – loss of short-term memory with distant past remembered with some clarity.
b. Language use – unable to speak coherently.
c. Perception loss – reduced ability to learn or retain necessary skills.
d. In some cases, paranoid symptoms are displayed that may result in violent behavior.
e. Hallucinations – may see and hear things not really there.
67. These disorders are not only found in older people, but many patients are first diagnosed in their forties and fifties. Many Alzheimer patients have a tendency to wander, mentally and physically, sometimes in an attempt to return to their past. The rate of deterioration differs from patient to patient.
68. Establishing a level of communications with persons with memory impairment is essential in order to render assistance.
a. Employees should exercise caution when encountering persons with memory impairment.
y. If a person with memory impairment feels threatened or intimidated, they can become violent.
z. Persons with memory impairment should be handled calmly and spoken to in a reassuring voice.
aa. It is not advisable to touch a person with memory impairment until a rapport has been established.
69. It is very important to assist with reuniting a person with memory impairment, if separated, with family members or primary care providers, utilizing available resources.
AP. Intellectually Disabled Individuals
Intellectual disability encompasses a broad range of developmental disabilities from mild to profound. Intellectual disability and mental health conditions are distinct conditions, with no similarity. The largest percentage of people with intellectual disability are in the range termed “mild” to “moderate.”
1. General Characteristics of Intellectual Disability
a. A distinct disability that lasts a lifetime and can never be cured.
b. Individuals with intellectual disability are typically less violent than the general population.
c. Limited communication skills, impaired impulse control, poor memory, and slow learning.
d. Limited ability to distinguish between right and wrong, and situations that are beyond a person’s control.
e. Lack of abstract reasoning sufficient to form intent.
f. Some of the general characteristics of intellectual disability might also be found in an individual suffering from a head injury, trauma, or disease.
g. Despite limitations, the majority of persons identified as having intellectual disability can learn, live, and work independently in the community.
70. Dealing with Individuals with Intellectual Disability
a. Individuals with mental intellectual disability may not have abnormal physical characteristics and may not immediately demonstrate characteristics of intellectual disability.
ab. Employees should recognize people who have intellectual disability have varied degrees of limited intellectual functions.
ac. In responding to the needs of people with severe or profound intellectual disability, the aid of family, friends, and neighbors is invaluable.
ad. Persons with intellectual disability should be asked short questions, and given clear, simple instructions.
ae. Be patient with persons with intellectual disability as they may need additional time to respond to questions. Repeat questions as necessary and provide reassurance.
af. A person with intellectual disability may plead guilty to a crime which he did not commit, but which occurred in his presence, because people with intellectual disability are easily intimidated, eager to please, and generally agree with authority.
AQ. Training
1. Entry level training is provided to all new police officer recruits in the basic mandate police academy as outlined in the Georgia Peace Officers Reference Text, Section 3, Community Relations, Subsection 3.3, Mental Health, Mental Retardation and Substance Abuse.
2. New officers will also receive additional training during the FTO process. In-service refresher training will be completed for all agency personnel at least once every three years.
AR. Excited Delirium Response Protocol
1. ________ 911 operator receives information of a possible excited delirium incident.
2. A default response to these incidents should be 4-6 officers (which should include the on-duty supervisor). The department recognizes that there may be times when staffing will mean that officers will respond with less than 4-6 officers.
3. _______ emergency medical services are to be dispatched at the same time as law enforcement to the scene.
4. Law enforcement/EMS may respond with lights and siren as needed to get to the location as quickly and safely as possible. Once they are close to the
location, all emergency equipment will be turned off as they approach the scene.
5. EMS will be advised to stage at a location close enough so the paramedic with the sedation medication is able to make an approach with law enforcement.
6. Unless there is an immediate safety issue with the individual, bystanders, EMS personnel, or officers already at the scene; law enforcement will wait for EMS to arrive and be ready to deploy before making contact with the individual. Every effort to contain the subject in an area where they are less likely to harm themselves or others should be made.
7. Officers/supervisors will attempt to get the individual to comply with requests to go with the EMS personnel willingly, unless the subject is in an obvious agitated/delirious state. ONE person should make verbal contact with the subject. Slow, calming, and reassuring statements should be made and repeated often. (Examples include, “I am here to help you.”, “It is going to be okay.”)
8. If the subject cannot be calmed down and the decision to capture the subject is made; the sergeant/command officer on the scene will form a plan on how the takedown and restraint process will take place. EMS/paramedics will be a part of the plan, so they know when to move in to sedate the subject. The decision to sedate the subject based on their agitated state/behavioral emergency is left entirely up to the paramedic. Law enforcement officers are not authorized to command the paramedic to sedate the subject.
9. Officers will take the subject to the ground using the multiple officer take down. Less Lethal weapons should only be used in self-defense and as a last resort if the multiple officer take down is ineffective and the subject is an immediate threat to the officers, himself or citizens.
10. Officers will use the recommended restraint control tactic (5-point or 4-point depending on the number of officers on scene) to control the subject in the prone position.
11. One officer/command officer will advise the paramedic that it is clear for them to move in and sedate the subject. The paramedic will announce loudly, “INJECTION COMING” as they approach. Officers will hold their positions until the paramedic announces loudly, “CLEAR”, and they have secured the needle/syringe.
12. Officers will then restrain the subject using the multiple handcuff technique. The use of three (3) sets of handcuffs (chain linked only) is the
default number of cuffs to use. Have the handcuffs three across, which will allow most subjects to be transported in the supine position for monitoring and any additional medical treatment that might be conducted.
a. Depending on the size of the subject, a larger person may have more sets of handcuffs secured lengthwise to provide the distance necessary to place the person in the supine position. For a small subject, two (2) sets of handcuffs could provide the necessary space for transport.
b. In order to allow the backboard to be placed between the subject and the handcuffs, it will take a minimum of three (3) sets of handcuffs across to accommodate this transport.
c. It is important to note that this handcuff technique is ONLY for transporting a subject in a supine position in an ambulance. It is NOT to be used to transport a prisoner in a police car.
71. Once the hands are restrained, officers controlling the legs will secure the legs using a hobble restraint or leg shackles strap.
72. Officers will assist EMS with loading the subject onto the gurney. The leg restraint will be secured to the end of the backboard to prevent the subject from kicking EMS personnel.
73. Officers will assist EMS in loading the subject into the ambulance. Officers will also remind EMS personnel to take a core body temperature of the subject.
74. At least one officer will ride in the back of the ambulance to the emergency room to relay any pertinent information to the medical staff. If available, this officer should wear and activate a portable recording device to capture an audio/video recording of the events during transport.
75. Officers will follow standard documentation procedures in documenting the Incident, which will include both a report classified as “Excited Delirium” and a Use of Force report.
76. An after-action review will be completed as soon as possible after the incident occurs to include involved officers, EMS, and other personnel who may have responded.
77. A copy of the incident report, Use of Force report and the after-action report will be forwarded to ____________ for data collection, review, and future procedural adjustments.
AS. MISSING PERSON
1. Policy
It is the policy of the _____________ Police Department to thoroughly investigate all cases of missing/unidentified persons and to give priority to “at-risk” cases, such as missing children and disabled adult.
78. Definitions
a. Missing Person - a person who is unable to be located at a particular place or time and is reported to police as missing by a complainant.
b. Missing Juvenile - a person who is under the age of twenty-one (21) and is missing from a specific place or is reported to the police as missing; including runaway, abandonment, abducted, or other missing statuses.
c. Disabled Adult - a person eighteen (18) years of age or older who is not a resident of a long-term care facility but who is mentally or physically incapacitated, has Alzheimer's disease, or dementia.
d. Unidentified Person - A juvenile or adult recovered by law enforcement personnel, that due to age, mental capacity, or unwillingness is unable to furnish their identity or address.
e. At-risk - The term “at-risk” refers to:
a) A missing juvenile under the age of fourteen (14), or
b) A missing person of any age who is,
i. mentally or physically incapacitated,
ii. in a life-threatening situation,
iii. in the company of others who may cause harm or endanger his or her welfare,
iv. reported missing after a disaster, or
v. whose disappearance involves circumstances that would cause a reasonable person to conclude that the missing person should be considered at risk.
79. Procedure
a. When responding to any missing persons call the responding Officer(s) will respond in a timely manner and is responsible for the following:
a) Preserve the scene
b) Gather all essential information, such as:
i. Attempt to determine how long the person has been missing.
ii. complete description of the missing person, to include the following:
i. Height
ii. Weight
iii. Hair Color
iv. Eye Color
v. Ethnicity
vi. Distinguishing scars, marks or tattoos
vii. Last known clothing, including jewelry
iv. Description of the vehicle, if applicable
v. Photograph of the person, if available
vi. Who saw the person last; when and where
vii. Determine the person’s routine movements
viii. Get a complete description of friends, business associates, and frequent “hang outs”
ix. Get a complete description of the person’s vehicle to include the license number, if available
x. Any probable causes for the absence of the person; e.g., domestic problems, employment problems, etc.
w) Complete a Missing Persons Declaration Form and have the reporting person sign the form.
x) Give updated information to other Officers, if applicable
y) Provide information to the Communications Center and request a broadcast to other agencies in the area, if applicable
z) Determine if the missing person is an “at-risk” person
aa) Request a Supervisor on “at-risk” situations
ab) Identify those at the scene
ac) When applicable, commence the initial search of the immediate area
ad) Enter the missing person into GCIC and leave the Missing Persons Declaration with the GCIC entry paperwork.
For anyone under the age of 21, entry must be made immediately. For all others, entry must be made within 12 hours (O.C.G.A. 35-3-36, GCIC Council Rule 140-2-.15, Titles 42 USC 5779 and 5780)
ae) Complete a thorough report containing the information gathered and the actions taken.
ag. When responding to “at-risk” missing persons cases, the Supervisor shall do so in a timely manner. They shall assess the situation and determine if ICS should be initiated. If so, they are responsible for the following:
a) Establish an incident command post, if not already established
b) Evaluate the case to determine if the Code RED system should be activated in accordance with yjr Automated Emergency Notification System.
c) If needed, notify investigators.
d) Notify and brief Command Staff personnel
e) Begin an activity log
f) If a physical search is necessary, evaluate the situation to determine the best search method
g) If necessary, arrange logistics for the search efforts. The Department will serve as the lead agency in the search, and will ask for support from the Fire Department, EMS, other agencies, search dogs, and other volunteers as needed, depending upon the size of the search area and difficulty of terrain.
h) If needed, notify the Public Relations Specialist to coordinate media information.
i) In cases of an abducted child under the age of 18, contact the GBI regional office to have them evaluate the case to determine if an Amber Alert (“Levi’s Call”) can be issued. The following alert criteria must be met:
i. There is a reasonable belief that an abduction has occurred
ii. The child is believed to be in imminent danger or serious bodily injury or death
iii. Enough descriptive information exists about the victim and the abductor
iv. The victim of the abduction is under the age of eighteen (18)
v. The abduction must be entered into NCIC
af) Additionally, in cases of a missing child under the age of 18, consult with a Division Commander to evaluate the situation to determine if the Georgia Child Abduction Response Team (CART) may be of assistance. They are a team of individuals from various state agencies who are trained and prepared to respond to a missing / endangered or abducted child. CART pulls together resources to aid in the search and rescue effort and to assist the agency of jurisdiction in its investigation.
i. The occurrence of any of the following may initiate investigative and forensic involvement, assistance or coordination by CART members:
i. A non-family abduction of a minor child (under the age of 18); or
viii. The abduction of a minor child with endangerment
circumstances; or
ix. Any other abduction or missing child investigation that
requires immediate response in order to protect the well-being of the child.
xi. GBI Contact Information: (List Name/Phone Contact Information)
ag) In cases of a missing disabled adult, contact the GBI regional office to have them evaluate the case to determine if a “Mattie’s Call” can be issued. The following alert criteria must be met:
i. There is reasonable belief that a disabled person is missing and is in immediate danger of serious bodily injury or death.
ii. The disappearance has been verified and alternative explanations for the disabled person's disappearance have been eliminated.
iii. Sufficient information is available to disseminate to the public that could assist in locating the disabled person.
iv. The missing disabled person must be entered into NCIC
v. Statewide broadcast to law enforcement/911 centers have been issued and contact has been made with local media regarding the missing person.
ah. When responding, Investigative personnel’s responsibilities are to:
a) Respond in a timely manner
b) Debrief the first responders
c) Coordinate with the Incident Commander
d) If an Investigator is assigned the case, they shall,
i. Make sure all reports are complete and accurate and the GCIC entries are made
ii. Complete a supplemental within 60 days, documenting the request for medical or dental records on missing children.
iii. Obtain photograph and prepare fliers if necessary
iv. Obtain help from the media through the Public Relations Specialist
v. Obtain victim support from the Victim/Witness Program
vi. Update all records
vii. Re-contact the reporting person for updates and to ensure needs are being met.
viii. Investigate the case thoroughly to facilitate the case being brought a speedy closure.
ai. When responding to an unidentified person call the responding Officer(s) will respond in a timely manner and is responsible for the following:
a) Preserve the scene
b) Gather essential information, such as;
i. A physical description of the person.
ii. The identity of the witness that located the unidentified person.
iii. The place where the person was located.
c) When applicable, commence the initial search of the immediate area
d) Give updated information to other Officers
e) Provide information to the Communications Center and request a broadcast to other agencies in the area
f) Notify Department and Family Children Services (DFACS)/Adult Protective Services (APS) if the unidentified person’s caregiver cannot be located.
g) Enter the unidentified person into GCIC and remove them if the caregiver is later located.
h) Complete a thorough report containing the information gathered and the actions taken.
i) If the caregiver is located, fax a copy of the incident report to DFACS/ APS.
aj. Post-Case Closure
a) Missing person is found.
b) Departmental records and GCIC records are updated and the GCIC entry is cleared.
c) If ICS was initiated, an after-action review report will be completed by the Incident Commander.
d) Any training needs or weaknesses will be addressed.
AT. PATROL VEHICLE VIDEO EQUIPMENT/BODY WORN CAMERAS (GLECP Std. 1.28)
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. 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.
1. Purpose
The purpose of this policy is to establish rules and regulations regarding the use, and officer responsibility for use of, audio and video recording equipment in patrol vehicles and Body Worn Cameras (BWC’s), and the storage and handling of recorded data.
2. Policy
All video cameras installed in departmental vehicles will activate when the emergency lights are activated and will remain operational until emergency light use is discontinued, or until the system is manually overridden. Video cameras will be activated during any traffic stop. The camera will be
positioned, whenever possible, to capture the violator’s vehicle, so that the license plate, and the passenger compartment of the vehicle is recorded. This procedure is also required on any other events, incidents, transports, or calls for service requiring a police response. The recording equipment will be activated prior to making contact with the citizen and the recording systems will not be deactivated until the call from service has been completed.
If possible, no patrol vehicles will be used if the recording equipment is inoperable. If a vehicle with inoperable equipment is to be used, the officer must have a departmental approved portable recording device on his person for use in situations as described above.
BWCs will be activated anytime officers make contact with citizens in an official capacity. Any call for service or other citizen contacts beyond a Tier One encounter shall be recorded. BWCs will be activated prior to making contact with the citizen and shall not be deactivated until the call for service or citizen encounter has concluded. The only exception is outlined below in reference to traffic related incidents.
All BWCs assigned to officers who do not have video cameras installed in their vehicles will be activated prior to making contact with citizens during any traffic stop or accident investigations. If the officers have in-car cameras, the body worn camera does not have to be activated for traffic stops or accident investigations that take place in the view of the in-car camera system.
BWCs are assigned to each K-9 handler. These portable cameras are required to be activated any time the canine is removed from the vehicle in anticipation of it being used in an enforcement nature. Once activated, the officer shall not turn off the device until the call for service has been completed. If the K-9 handler’s camera is inoperable or lost, the patrol supervisor will immediately arrange for the assignment of a replacement camera to the handler once said handler completes necessary paperwork which serves to memorialize said loss and is forwarded to the department’s (Responsible Position).
Patrol Division and Criminal Investigations officers will have body worn cameras assigned to them for use while on-duty. All enforcement personnel will be required to utilize body worn cameras when working designated special details, when working extra-duty jobs, and when participating in events that may lead to enforcement actions.
This policy does not govern the use of surreptitious recording devices used in undercover operations.
80. Procedure
All body worn cameras and in-car recording equipment will be operational whether on or off duty. When beginning a tour of duty, officers will ensure the video recording equipment is in proper working order. If a camera is not functioning correctly, the on-duty supervisor will be notified so replacement may be issued, if available. This check will be documented in the CAD notes of the officer’s daily activity report.
a. Digital In-Car Camera Procedures
All vehicles equipped with a digital in-car camera system, will include a digital video camera, digital video recorder audio body microphone (body pack) capable of recording audio footage and activating the video system by remote, a small color video screen, and the capability for playback review by the officer. The system will not allow previously recorded audio/video to be overwritten or erased.
a) When beginning a tour of duty, each patrol officer assigned to a vehicle with a digital in-car camera system will inspect and prepare the camera system for use by logging onto the system and ensuring the date and time are correct on the recording system. If the recording equipment is not functioning correctly the officer will notify the shift supervisor.
b) The in-car camera system will complete a log of all activity during the officer’s tour of duty, which can be accessed later during playback once transferred to the storage server. Officers are encouraged to activate the in-car camera system, even on those calls where the on-body camera is mandated. If the officer knows that wireless reception will not occur due to distance from the patrol vehicle or the structure they are entering does not allow for reception, the officer does not have to activate the in-car system. The in-car camera system allows the officer to Classify (title) each event recorded once the system has finished recording. Officers should select the appropriate title from the Classify dropdown menu, if the response was a Code 3 response enter “3” in the Notes field and add the case number assigned to the incident in the Case Number field immediately upon the conclusion of each recorded event.
Additionally, Officers shall enter all applicable information in the fields displayed on the classification menu.
c) All officers will receive training on in-car camera systems during the FTO Program. All newly promoted sergeants will receive training on the administrative use of the system.
ak. Use of Audio Body Pack
All officers will ensure that their body packs are synced with their camera systems at the beginning of their tour of duty. All officers will ensure that the audio is activated when the camera is recording. At times it may be appropriate to ensure that the audio is recording, even though the camera is not able to record evidentiary video. When the audio is activated, the recording light on the camera lens will be illuminated. Officers are reminded to turn the AM/FM radio down or off during times of such recording to enhance the quality of the in-car audio recording.
a) The audio body pack will be worn on the uniform in a manner not to muffle or interfere with the audio recording.
b) The audio body pack will be fully charged prior to the officer’s tour of duty.
c) The audio body pack shall be synced to the vehicles digital video camera system as part of the officer’s daily initial preparation of the camera system for use. The officer will also be required to sync the audio body pack to the recording system anytime that the connection is lost.
al. Body Worn Camera Procedures
All officers assigned a BWC will be required to wear the camera while on duty or working extra-duty jobs. The camera systems must be fully charged at the beginning of the officer’s tour of duty. The operator must also ensure the date and time stamp are properly calibrated. Only departmental issued cameras are approved for use by departmental personnel. BWCs may only be used in an official capacity, all other use is prohibited.
a) Video data recorded on the body worn cameras must be classified by the officer assigned to the camera. Each file will be classified by the case number of the event or if no case number is assigned, the video will be classified by the six-digit date and the last name
of the officer. If more than one video is generated by the same officer on the same date, that is not assigned a case number, the
date will be followed by a letter beginning with a, then b, and so on (example: 070212a Smith, 070212b Smith, etc.).
b) Video data that has been recorded and classified by the assigned officer will be transferred and stored to the secured police department’s intranet system. (See Digital Video Storage Procedures at the end of this chapter.) After all the data is transferred to the computer system it will be erased from the body worn cameras. If an officer discovers that a citizen encounter failed to record the failure will be documented in the associated report (incident report, accident report, etc.). Video date should be transferred daily. Each officer is required to download all data before the end of each work rotation.
c) Officers will, under no circumstances, attempt to change or delete video data recorded on any portable video camera system, that has not been properly transferred and stored on the intranet.
d) Once the video is transferred to the secured police department’s intranet system, that data can be accessed from departmental computers. The security settings will not allow previously recorded video to be overwritten or erased. Supervisory personnel are authorized to review previously recorded video by subordinates to review past performance, when investigating citizen complaints, to ensure policy compliance and for training purposes.
e) Stored video recordings needed for court or other purposes as approved by the Chief of Police, may be released by the (Responsible Position) or her designee. Upon receiving a request for a copy of a previously recorded video from a body worn camera system, the (Responsible Position), or designee, shall make a copy of the requested event by burning the video to a DVD Compact Disk, thumb drive, or other approved media storage system. Officers will follow standard courtroom evidence procedures regarding the recordings. If the recording is not retained as evidence by Court Personnel, it shall be placed in the original case file and returned to the Support Division.
f) Body Worn Cameras will be worn on the uniform shirt or outer vest for maximum recording coverage.
g) All procedures outlined in this policy also apply for the use of the recording devices by civilian enforcement employees.
h) All enforcement personnel will receive training on the use of and proper wearing of the body worn cameras during either the FTO training program or new hire training phase. All newly promoted sergeants will receive training on the administrative use of the recordings
am. Review of Digital Recordings
Quarterly, (Responsible Position) will review at least five recordings at random, of both Mobile Video Cameras and Body Worn Cameras to determine compliance with policy and training. (Responsible Position) will submit a memo to the Chief of Police and Patrol Commander indicating the recordings that were reviewed, the name of the officer(s) reviewed, and a description of discrepancies if any. (Responsible Position) shall focus on officer actions that indicate non-compliance to training, lack of training, improper supervision, rudeness, or policy non-compliance. Patrol Shift Supervisors will randomly review at least two Code Three Response recordings monthly. These reviews will be documented and submitted consistent requirements of this policy manual, detailing any training or disciplinary issues, or incidents meriting recognition.
an. Digital Video Evidence Control and Management
All sworn personnel will utilize strict control of their digital recording equipment as outlined below:
a) Officers will, under no circumstances, attempt to remove or damage the recorder equipment secured in the vehicle.
ah) Officers shall upload recorded video to the storage server by way of designated wireless hotspots throughout the city. Officers are strongly encouraged to complete this upload process at the completion of each daily tour of duty. However, at a minimum, officers are required to upload recorded video onto the storage server prior to any scheduled off day or any out-of-house training day.
ai) All video captured by an in-car camera is considered evidence. The in-car digital video recorder is designed to be tamper proof, and because the storage server where the audio/video is
transferred and stored is located at an undisclosed location that is maintained by (Responsible Position) and to which access is restricted, there is no requirement for officers to complete a Property/Evidence Report.
aj) Once the audio/video is transferred to the storage server, that data can be accessed by designated workstation computers throughout the department and at Municipal Court for playback review by supervisory personnel. The system will not allow previously recorded audio/video to be overwritten or erased at these designated locations. Supervisory personnel are authorized to review previously recorded audio/video by subordinates to review past performance, when investigating citizen complaints, to ensure policy compliance and for training purposes.
ak) Stored audio/video needed for court or other (Responsible Position), or their designee. Upon receiving a request for a copy of a previously recorded audio/video from a digital in-car camera system, the Support Supervisor, or designee, shall make a copy of the requested event by burning the audio/video to a DVD Compact Disk, thumb drive, or other approved media storage system. Officers will follow standard courtroom evidence procedures regarding the recordings. If the recording is not retained as evidence by Court Personnel, it shall be placed in the original case file and returned to the Support Division.
ao. Classification and Retention Schedule
a) Officers will be required to choose a classification that most closely corresponds with each recorded incident when the recording is stopped. The classifying officer shall also document the unique agency-issued case number, where applicable, within the designated data field and the code response in the Notes field if the response was a Code 3 response. All officers on the scene of an event will code their videos exactly the same even if the officer is not the primary officer. These classifications determine the retention schedule for the video. The videos will be classified as follows:
b) PHYSICAL ARREST (5 years retention). Any recorded action by primary or backup officers that results in an arrest. All officers on the scene will code their videos as “PHYSICAL ARREST”. All use of force incidents will be recorded under “PHYSICAL ARREST.”
PURSUIT (5 years retention). Any recorded action by primary or backup officers that are involved in a pursuit or engaged in a support role during a pursuit.
c) DELTA/MISC/ACCIDENTAL (180 days retention). Any recorded action by primary or backup officers as a result of a dispatched call, self-initiated call or security check that does not result in an arrest or is not part of a criminal investigation. Any recording made during the inspection of an officer’s vehicle or any recordings where an officer inadvertently activated his recording equipment would also be classified under this heading.
d) INCIDENT REPORT (3 years retention). Any recorded action by an officer that involves a criminal investigation.
e) FIELD INTERVIEW (3 years retention). - Any recorded action by an officer that may not be needed for immediate review but has a high probability of containing incriminating evidence. For example, Field Interviews of suspicious person(s) and recorded interviews that may result in or support criminal charges.
f) TRAFFIC (30 months retention). Any recorded action by primary or backup officers where a traffic citation is issued. If a citation is issued during an arrest the officer will use the event code that is most appropriate, e.g., “PHYSICAL ARREST” or “PURSUIT”.
g) MOTOR VEHICLE ACCIDENT (30 months retention). Any recorded action by primary or backup officers where motor vehicle accident investigation occurs.
h) ARCHIVED VIDEOS (15-year retention). Videos designated for this classification may include preliminary and follow-up investigations associated with any homicide, Use of Force with serious injury or death, Vehicle Pursuit with serious injury or death or other recorded incidents as determined by the department’s administration. No officer shall classify a video with this designation. Instead, the officer shall utilize a classification described above. The patrol commander or designee assumes responsibility for use of the “Archived Videos” classification.
i) Officers requiring video to be retained longer than the retention times outlined above will submit a video archive request in writing to the patrol commander noting the reason for the increased retention time. No video with this classification will be removed until authorized by the Chief of Police.
AU. BIASED BASED PROFILING
1. PURPOSE
To establish a written policy that prohibits the use of bias based profiling by law enforcement officers of the ____________ Department.
2. 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.
3. 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 their 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.
81. 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.
82. 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.
83. DISCIPLINARY ACTION
The Department will conduct periodic performance reviews of sworn officers conduct to ensure compliance with this policy.
Members of the Department found to be in violation of this policy will be subject to disciplinary action.
AV. JUVENILES
1. PURPOSE
To establish standards and procedures concerning contact, release, intake, detention and referral of juveniles by officers of the ____________ Police Department and to maintain programs to prevent and control juvenile delinquency.
2. POLICY
The ____________ Police Department is committed to the development and continuation of programs designed to prevent and control juvenile delinquency and to the maintenance of a juvenile operations officer within the Criminal Investigations Unit. All police personnel will assist representatives of ____________ County Juvenile Court, Georgia Division of
Youth Services, Regional Youth Detention Center (RYDC), Department of Family and Children Services (DFCS), ____________ County School Systems, other law enforcement agencies, and other agencies and organizations in enforcement, investigations, follow-up investigations, considerations of alternative referrals and other matters related to juvenile delinquency.
3. DEFINITIONS
Child – Any individual under the age of 17 years who is alleged to have committed a delinquent or unruly act; or under the age of 18 years.
CHINS – (Child In Need of Services) offenses. These offenses are only applicable to a child under the age of 18.
In accordance with Chapter 11 of Title 15 a “Child in Need of Services” is defined as a child adjudicated to be in need of care, guidance, counseling, structure, supervision, treatment, or rehabilitation and who is adjudicated to be:
a. Subject to compulsory school attendance and who is habitually and without good and sufficient cause truant, as such term is defined in OCGA 15-11-381, from school;
b. Habitually disobedient of the reasonable and lawful commands of his or her parent, guardian, or legal custodian and is ungovernable or places himself or herself or others in unsafe circumstances;
c. A runaway, as such term is defined in OCGA 15-11-381;
d. A child who has committed an offense applicable only to a child;
e. A child who wanders or loiters about the streets of any city or in or about any highway or any public place between the hours of 0000-0500 hours; and/or
f. A child who patronizes any bar where alcoholic beverages are being sold, unaccompanied by his or her parent or legal custodian or who possesses alcoholic beverages.
A CHINS complaint may be filed by a parent, a guardian or legal custodian, Department of Children Services, a school official, a law enforcement officer, guardian ad litem, or attorney.
Abuse – Any non-accidental physical injury which is inconsistent with the explanation given for it suffered by a child as the result of the acts or
omissions of a person responsible for the care of a child; emotional abuse; sexual abuse or sexual exploitation and prenatal abuse. The commission of an act of family violence as defined in OCGA 19-3-1 in the presence of a child. An act includes a single act, multiple acts, or a continuing course of conduct. As used in this subparagraph, the term ‘presence’ means physically present or able to see or hear.
Delinquent Act – An act designated a crime by the laws of this state or by the laws of another state if the act occurred in that state, under federal laws, or by local ordinance, and the crime is not a juvenile traffic offense as defined in OCGA 15-11-630.
Dependent Child – A child (under 18) who has been abused or neglected and is in need of the protection of the court; or has been placed for care or adoption in violation of law; or is without his or her parent, guardian, or legal custodian.
Neglect – The failure to provide proper parental care or control, subsistence, education as required by law or other care or control necessary for a child's physical, mental, or emotional health or morals. The failure to provide a child with adequate supervision necessary for such child's well-being or the abandonment of a child by his or her parent, guardian, or legal custodian.
All other terms and definitions relating to juvenile operations are found in the Juvenile Proceedings Code, OCGA 15-11-2. Officers should refer to this code whenever a question arises concerning juveniles that are not covered in this policy.
84. JUVENILE OPERATIONS - AUTHORITY AND RESPONSIBILITY
All police personnel, particularly patrol and investigative personnel, share the responsibility for participating in and supporting the juvenile operations and enforcement. Sworn officers shall be familiar with procedures for handling criminal and non-criminal incidents involving juveniles.
The Criminal Investigations Unit shall be responsible for ensuring that there is a juvenile operations component and delinquency prevention effort within the department. The (Responsible Position) will be responsible for the assignment and supervision of an officer who will handle all day-to-day juvenile operations, hereinafter referred to as the juvenile officer.
The juvenile officer will assist in the development and implementation of programs that are intended to prevent and control juvenile criminal behavior and delinquency. Assistance will be provided to others in the law
enforcement field, ____________ County Juvenile Court, Department of Juvenile Justice or other juvenile-related agencies requesting assistance or input for developing programs or diverting juvenile offenders or possible offenders from the juvenile justice system.
The juvenile officer will provide follow-up investigation of all juvenile cases referred to their office when necessary. The juvenile officer will prepare court cases when necessary and will coordinate the investigation and follow-up investigation with ____________ County Juvenile Court or other juvenile-related agencies.
All modifications or additions will be presented to the Criminal Investigations Supervisor for further review and evaluation.
The Office of Professional Standards shall annually review and provide a written evaluation on the department’s juvenile enforcement and prevention programs and make recommendations as needed.
85. COURTS
The arresting officer will handle the coordinating or preparing of court cases in which a juvenile offender is involved and/or the investigator assigned to the case. Only the Georgia Department of Juvenile Justice and ____________ County Juvenile Court can divert juvenile offenders out of the juvenile justice system into social service agencies.
Follow-up processing of youth arrests will be conducted by the Juvenile Court that has jurisdiction over those who have allegedly committed delinquent or criminal acts. The ____________ Police Department actively participates with other elements of the Juvenile Justice System such as:
a. Juvenile Courts
b. Juvenile Probation Officers
c. ____________ County District Attorney’s Office
d. Department of Juvenile Justice
e. ____________ County School Board and its Resource Officers; and the
f. Department of Family and Children Services (DFCS)
86. OPERATIONS
It is the policy of the ____________ Police Department that all personnel dealing with juvenile offenders will use the least coercive among reasonable alternatives consistent with procedures of the Department, State and local law. Officers may deal with youthful offenders in one of four (4) ways:
a. Outright Release – When dealing with a juvenile, officers will investigate the incident to determine if custody is unnecessary and the juvenile can be released outright with no further action taken or with a written or verbal warning.
b. Parental/Guardian Release – Officers may turn juveniles over to parents at the scene or transport the juvenile to a parent, guardian, grandparent, adult sibling or an adult legally eligible to take responsibility of the child. The officer may choose to transport the juvenile to the police department and contact a guardian or parent to pick up the child. If no charges are to be filed officers shall inform the parent, guardian or other above relative of the incident and alleged action(s) and not take any further action. This action may be taken when the offense is not serious, but it is necessary to have someone take care for the juvenile. The reporting officer will complete an incident report documenting the encounter and placement of the child.
c. Citations/Summons – Officers may issue written citations to juveniles under the age of 17 years, who commit traffic offenses, in lieu of taking them into custody. The citation shall be given to the juvenile offender and a copy forwarded to the Records Unit to be forwarded to Juvenile Court. Juvenile Court will contact the offender in reference to the court appearance date.
d. Referral to Juvenile Court – If the charge is a misdemeanor or CHINS offense, the juvenile may be released to a parent, guardian or other legal custodian. If the charge is a felony, the officer will contact the Juvenile Intake Officer who will make the decision whether the juvenile is to be released or detained. Officers shall complete an incident report and a Juvenile Complaint form on all delinquent acts. An officer and/or Juvenile Intake Officer may make referrals to Juvenile Court for CHINS offenses.
87. DIVERSION DECISIONS
All factors to be considered in diversion decisions relating to juvenile offenders must have support and approval of ____________ County Juvenile
Court Judges or intake officer, with recommendations coming from victim or complainant, within the framework of the Juvenile Court's organization and its juvenile processing code, OCGA 15-11.
Factors to be considered in diversion decisions include:
a. The nature of the alleged offense;
b. The age and circumstances of the alleged offender;
c. The alleged offender's record, if any; and
d. The availability of community-based rehabilitation programs.
Apart from police officers diverting juveniles to Juvenile Courts or other social agencies, the officer must realize they have a wide range of alternative remedies that may be employed. Station house warnings; informal referrals; consulting with and arranging for corrective action by parents of charges are examples of such alternatives.
However, at all times, the officer must act within the bounds of State Juvenile Law and Juvenile Court has exclusive original jurisdiction over all juvenile matters and shall be the sole court for initiating action concerning any child who is:
a. Allegedly delinquent;
b. Allegedly unruly;
c. Allegedly in need of treatment or commitment as a mentally ill or mentally handicapped;
d. Allegedly a juvenile traffic offender; or
e. Placed under probation supervision.
88. INTAKE CRITERIA
The ____________ Police Department shall refer alleged juvenile offenders for formal legal proceedings on those cases involving serious criminal conduct or repeated criminal violations. In general, these cases would include:
a. All delinquent acts that if committed by an adult would be felonies;
b. All delinquent acts involving weapons;
c. All serious gang-related delinquent acts;
d. All delinquent acts as outlined in OCGA 15-11-12;
e. All delinquent acts committed by juveniles on probation, parole, or case pending; and
f. All repeated delinquent acts (within the preceding 12 months).
By Georgia Law, the Juvenile Court has jurisdiction over those individuals who have not reached their 17th birthday, who have allegedly committed delinquent or criminal acts, or who are allegedly to be in need of treatment or commitment to an institution. Juvenile Courts also have jurisdiction over youth allegedly to be deprived, if under 18 years of age and alleged traffic offenders under the age of 17 years.
On minor criminal and traffic offenses, the police officer should make every effort to release the juvenile to their parents or legal guardians and issue a copy of the charges when necessary. If a copy of traffic charges is issued, it will be marked "JUVENILE" in the court section. The juvenile will be told by the officer that the ____________ County Juvenile Court date. If the copy of charges is criminal related, a completed Juvenile Complaint Form will accompany the copy. The on-call juvenile intake officer will make the decision whether to release the child to a parent or guardian or to place the juvenile into a youth detention center. All necessary paperwork will be forwarded to the ____________ County Juvenile Court.
When a juvenile is charged with a serious traffic offense, an incident report showing the circumstances of the stop shall be forwarded to Juvenile Court. An incident report with citation(s) shall be forwarded to Juvenile Court when the following charges are made:
a. Aggressive Driving
b. Reckless driving
c. Speeding offenses punishable by four or more points
d. Homicide by vehicle
e. Manslaughter resulting from the operation of a vehicle
f. Any felony in commission of which a motor vehicle is used
g. Racing on highways and streets
h. Using a motor vehicle in fleeing or attempting to elude an officer
i. Fraudulent or fictitious use of a driver’s license
j. Hit and run
k. Leaving the scene of an accident
l. Driving under the influence of alcohol or drugs,
m. Any offense committed by an unlicensed driver under 16 years of age.
A juvenile arrested for DUI who is sixteen years of age and possesses a Georgia Driver's License is subject to the Georgia Implied Consent Law and will be given the same rights as an adult. After the test is completed, the arresting officer will follow standard procedures as outlined in the Georgia Code for the processing of juveniles.
A juvenile without a valid driver's license who is arrested for DUI, regardless of age, is not subject to the Georgia Implied Consent Law and cannot be given a blood or breath test without obtaining permission from the parent (s) or legal guardian.
Juvenile traffic offenses listed in OCGA 15-11-630 apply to individuals under the age of seventeen and the arresting officer will follow standard procedures for the processing of juveniles.
All sixteen-year-old traffic offenders shall be referred to juvenile court for traffic violations. The sixteen-year-old is issued a traffic citation and the original court copies shall be forwarded onto the juvenile court.
A copy of the citation will be provided to the juvenile's parents or legal guardians. The seriousness of the offense; offender's past involvement; whether the act was violent; and whether the youth was under the influence of alcohol and / or drugs are factors that can be used as criteria.
89. TAKING A JUVENILE INTO CUSTODY
When an officer has reason to take a juvenile into custody for alleged non-criminal behavior (CHINS offense), every effort will be made to release said youth to parents or guardian and issue a copy of charges when necessary. When the juvenile is alleged to have been harmed or to be in danger of harm and the injury is not life-threatening, they will be taken to a hospital for proper treatment and the correct offense report completed and assigned to an investigator for follow-up. If the injury is life threatening, they will be transported to the closest available emergency/trauma center.
When necessary to protect the child, law enforcement may take the child into protective custody first and then contact DFCS. In any event, DFCS will arrange for all emergency placements of children taken into protective custody. If the youth is in danger of harm and protection is not available within the family, DFCS caseworkers and/or law enforcement will contact the Juvenile Court for an Emergency Protective Order.
Periodically, an officer may be dispatched to a school/residence, etc., to meet with a caseworker from DFCS. When a child is taken into protective custody,
both DFCS caseworkers and police officers are required to contact the non-abusive parent/guardian to inform him/her that the child has been taken into protective custody.
When emergency situations arise at night and on weekends, the police are usually the first to respond to the initial referral. After it is determined that the child is at risk and needs to be taken into protective custody, DFCS will be contacted immediately by way of calling the CPS (Child Protective Services) intake line. In non-emergency situations a referral will be made to DFCS the next working day.
NOTE: Probable cause has to exist that the child may be at risk to take the child into safekeeping.
90. RUNAWAY JUVENILES
A runaway is considered to be a child under the age of 18 years who has deserted home without the consent of their parent or legal guardian. The circumstances of the child leaving the home, as well as the length of time that the child has been gone are both factors to be considered by the parent/legal guardian of the child in determining whether or not the child is a runaway. Once a call is made to the Police Department by a child's parent or
legal guardian for assistance, the matter is to be handled as set forth in the report procedure.
a. Report Procedure
Parents and legal guardians (custodians) are to contact the Police Department to file a missing person juvenile report. This report should be taken immediately and titled RUNAWAY. The reporting officer should notify their supervisor and immediately place the child on the Georgia Crime Information Center (GCIC) computer through the 911 Communications Center using the case number and juvenile complaint signed by the parents.
In addition to information provided about the missing child, the reporting officer should also provide the name, address and phone numbers of reporting parent/legal guardian of said child. A copy of the report will be referred to the Criminal Investigations Unit for follow-up.
ap. Juvenile Complaint
A Juvenile Complaint Form must be completed by the parent or legal guardian if the child is to be picked up. A LEDS Sheet must also be filled out by the officer and forwarded to the (Designated GCIC Operator) so the child can be placed on the National Crime Information Center (NCIC).
aq. Pickup Orders
In order for the child to be held upon being located, the parent/legal guardian must file a pickup order with the ____________ County Juvenile Court. The parent/legal guardian must be advised by the reporting officer to do so at the ____________ Juvenile Court and Intake Office.
ar. Handling of located Juvenile Runaways
Upon locating a child who is the subject of a Runaway Report; or a Juvenile Pick-up Order; or a child who the officer has reason to believe may be a runaway; even though a report is not on file, shall be handled in the following manner:
a) If the child is a resident of ____________ County and is reported in ____________ County as a runaway, juvenile intake will be contacted for a recommendation of disposition. Every effort should be made to locate and return the child to a parent or legal guardian.
b) If the child is not a resident of ____________ County and has been reported as a runaway, juvenile intake will be contacted so that they may contact the appropriate caseworker. Every effort should be made to contact the parent or legal guardian to have them pick up the child within a reasonable amount of time. If they cannot respond, request the Police Department of the county of the child's residence meet with the reporting officer to assist in transporting the runaway either home or to the detention facility in that county.
91. IN-CUSTODY PROCEDURES
When a juvenile is taken into custody, the following procedure will be used:
a. The police officer shall take into custody any juvenile who is in
violation of local, state, or federal law, as well as any CHINS offense, and bring the juvenile to the intake facility without delay (unless the juvenile is in need of emergency medical treatment).
b. The officer shall conduct a search of the NCIC / GCIC files to determine the identity and status of the juvenile.
c. The officer shall prepare all reports regarding the offense or charges, or situation, including a Juvenile Complaint Form. A Juvenile Release Form shall be signed by the parent/legal guardian accepting the release of the juvenile in all cases where the juvenile has been detained or transported to any facility for any length of time, even if charges are not filed against the juvenile.
d. To the maximum extent possible, the officer shall take immediate affirmative action to notify the juvenile's parent(s) or legal guardian(s) as to the location and legal status of the juvenile in custody.
e. The on-call juvenile intake officer will be contacted to determine the disposition of the child.
Questioning the Juvenile Offender
Prior to interview or interrogation, the officer shall consider the juvenile's age, educational level, ability to read, write and understand the English language (or the child's native language), the location of the interrogation, the number of persons present, requests by the juvenile and the juvenile's Miranda rights. Prior to any interrogation, the juvenile will be advised of their constitutional rights and will refrain from any action that would abridge or deny those rights. Also, the Juvenile Justice System and Department policies regarding juveniles will be explained.
Prior to being interrogated, the juvenile and parent or guardian, if present, shall be advised of the juvenile's constitutional rights and right to legal counsel and that they have a legal right to be represented by an attorney and the means to access counsel. No statements shall be taken until all Miranda rights have been administered. When questioning juveniles, every effort shall be made to have a parent, guardian, or attorney present, however, parental or guardian presence is not mandatory unless the juvenile(s) in question are in custody and/or the questioning involves a crime or delinquent act in which they are considered a potential suspect.
It is the officer's responsibility to ensure that the juvenile fully understands his rights. The officer shall explain the rights so that they are easily
understood. The officer must be able to clearly articulate how the officer knew the juvenile understood their rights and explain this in court if necessary.
All interviews shall be done in a secured location, away from public view and away from adult offenders. Interviews should be conducted in an area with as much privacy as possible and shall be conducted with no more than two officers present and/or participating in the interview. The interview will be as brief as possible and no longer than ___ hours without a break.
The officers involved in the interview and processing of the juvenile offender should explain, in general, the procedures of this department, the Juvenile Court and the Juvenile Justice System to the juvenile and the parent or guardian.
At all times, every member of this Department having contact with any juvenile shall be responsible for ensuring all applicable laws and departmental rules for the handling of juveniles are abided by and the juvenile's constitutional rights are not violated nor infringed upon and those rights are protected.
92. SOCIAL SERVICES AGENCIES
A listing of social service agencies related to juveniles is available through the 911 Communications Center and the referral numbers located in this Policy Manual. The list is updated periodically or at least on an annual basis.
93. JUVENILE PROCEDURES
All juveniles taken into custody in ____________ shall be taken to the ______ Youth Detention Center.
a. Required Paperwork:
Copy of arrest report, incident report, Defendant's copy of arrest ticket, original Juvenile Complaint Form and a Juvenile Release Form. The officer shall provide as much information as possible, as related to victim, witnesses, etc.
b. Transportation
The arresting officer shall advise their immediate supervisor and the 911 Communications Center that transportation is required for a juvenile from the officer's location to the available Youth Detention
Center. The supervisor will then make appropriate arrangements for them to do so.
c. Fingerprinting and Photographing of Juveniles
Every child charged with an act which would be a felony if committed by an adult, other than those status offender crimes as defined in OCGA 15-11-2, shall be fingerprinted and photographed upon being taken into custody.
Fingerprint and photograph files shall be kept separate from those of adults. Copies of fingerprints known to be those of a child shall be maintained on a local basis only and shall not be sent to a central, state or federal depository. Law officers when necessary for the discharge of their official duties may inspect fingerprint files of children. Upon application, a child's fingerprints may be removed from file and destroyed if:
a) A petition alleging delinquency is not filed, or the proceedings are dismissed after either a petition is filed, or the case is transferred
to the Juvenile court or the child is adjudicated not to be a delinquent child;
b) The child reaches 21 years of age and there is no record they committed a criminal offense after reaching 16 years of age.
c) If comparison prints are taken and the comparison is negative, the fingerprint card and other copies of the fingerprints taken shall be immediately destroyed.
d) If the comparison is positive and the child is referred to the court, the fingerprints taken shall be delivered to the court for disposition. If the child is not referred to the court, the fingerprints shall be immediately destroyed.
94. JUVENILE RECORDS
Officers’ records and files concerning a child shall be kept separate from the records and files of arrests of adults. Unless a charge of delinquency is transferred for criminal prosecution under OCGA 15-11-561 or in the interest of national security, or the court otherwise orders in the interest of the child, the records and files shall not be open to public inspection nor shall their contents be disclosed to the public.
With the consent of the court, inspection of the records and files is permitted by:
a. juvenile court having the child before it in any proceedings.
b. Counsel for a party to the proceedings.
c. The officers of public institutions or agencies to whom the child is committed.
d. Law enforcement officers of other jurisdictions when necessary for the discharge of their official duties.
All juvenile records maintained in the Police Department shall be maintained in accordance with the Juvenile Proceedings Code of Georgia, OCGA 15-11-708 and 15-11-702.
The person(s) who is responsible for the collection, dissemination and retention of all juvenile records will be the records personnel. Access to
juvenile records shall be limited to the records personnel and the Juvenile Officer, unless access to the juvenile file is for an official purpose. When a juvenile becomes an adult, their juvenile records will continue to be maintained in the juvenile files with the same level of security/privacy as all other juvenile records. Provisions relating to court-ordered expungement of records and disposition of records when juveniles reach adult age are determined by specifics of the court order. Responsibility for carrying out the court order regarding these records rest with the Records Section.
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[1] O.C.G.A. 40-8-91
[2] O.C.G.A. 40-1-7
[3] For additional resources to assist in modifying this sample policy for your department, see the links below:
GACP’s White Page, Mental Health Issues in Law Enforcement
Crisis Intervention Team Training
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