MOPERM
[pic]
Law Enforcement
Procedures Manual
Table of Contents
Law Enforcement: Why Have Policies & Procedures.
Law Enforcement Liability Assessment.
List of Model Law Enforcement Policies Available.
Sample of some High Risk/Critical Task Policies:
• Bloodborne & Communicable Disease
• Domestic Violence
• Emergency Driving (Non-Pursuit)
• Firearms Qualifications
• Use of Force
• Reporting Use of Force
• Anti –Harassment & Discrimination
• K-9’s
• Motor Vehicle Stops
• Pursuit Driving
• Ride Along Policy
• Search Warrant - Executing
• Search Warrant – Obtaining
• Tasers
LAW ENFORCMENT: Why Have Policies, Procedures and Provide Training?
A well-written, up-to-date standard operating policy and procedures manual is an extremely important component of a modern law enforcement agency. Such a procedures manual provides the governing body or the law enforcement executive with a number of advantages:
• They provide direction to staff by communicating the entities philosophy and work plan.
• Promotes consistency, efficiency and professionalism by standardizing how staff carry out their duties.
• Serves as a formal mechanism for the introduction of new ideas and concepts.
• Serves as a formal mechanism for the transfer of authority and responsibility to line staff.
• Provides a basis for establishment of comprehensive staff training.
• Provides documentation for employee disciplinary actions.
• Provides a mechanism for achieving compliance with standards.
• Provides documentation for the entities defense in any court actions.
A carefully written manual can also help protect you from civil actions for vicarious liability. Specifically, your policies and procedures can demonstrate that you have shown due regard in directing the actions of your personnel.
The most important reason to have a complete, well written, up-to-date standard operating procedures (SOP) manual is that is provides a means by which you can clearly establish the lines of authority and accountability in your agency, set direction of your department, and maintain its status as an efficient responsive agency.
Law Enforcement Liability Assessment
Below is a list of the law enforcement practices and procedures that if followed can reduce your departments law enforcement liability exposures.
1. Utilize the risk management services provided by your insurance providers.
2. Verify that all of your Deputies and Reserves are POST licensed before they go out onto the street.
3. All Deputies and Reserves should be fully trained and judged competent in the following areas:
Use of firearms Pursuit driving
Use of off-duty weapon First aid
Use of impact weapons Defensive tactics
Use of shotgun Barricaded subjects
Use of OC Spray Hostage situation
Use of non-lethal options Emergency driving
Hazmat incidents
4. All staff should qualify a minimum of semi-annually with their weapons.
5. All instructors in critical tasks should be fully trained, certified and have sufficient qualifications to instruct.
6. All trainers and instructors should receive annual or recent upgrading of their training.
7. Records of all training and qualifications should be maintained.
8. Attendance records should be maintained for all training activities.
9. At a minimum your agency should have policies or procedures on these High Risk/Critical Tasks and undergo annual re-qualification:
Anti-Harassment/Discrimination
Bloodborne & Communicable Disease
Domestic Violence
Emergency Driving (non-pursuit)
Firearms Qualifications
Use of Force & Reporting Use of Force
Motor Vehicle Stops
Pursuit Driving
Search & Seizure
10. There should be policies or procedures and training for any special units such as:
Hostage Rescue
K-9’s
Meth. Officers
Multi-Jurisdictional Task Forces
11. All officers should have basic training as well as requirements for in service training in accordance with POST. (48 hours every 3 years)
12. If possible you should attempt to hire staff that has exceeded the state minimum number of training hours. (you can never train enough)
13. Your agency should have a Field Training Officer (FTO).
14. Your agency should use an introductory period for all new hires and make sure that they have reviewed, understand and comply with your written policies and procedures. (Many agencies have a one year introductory period)
15. Your agency should have psychological evaluations for all recruits.
16. Your agency should have psychological services available for all officers.
17. Your staff should receive at a minimum annual legal training.
18. Your agency should periodically review existing and new court decisions concerning all police liability issues.
19. All of your personnel should be made aware of recent court decisions and new statutes.
20. All of your major policies and procedures should be reviewed and approved by competent legal counsel, familiar with law enforcement operations, and prior to adoption by your agency.
21. All staff should have access to or be provided with a complete copy of all policies and procedures.
22. All supervisors should have adequate pre-and post- promotional supervisory training and some form of supervisory in-service training on a regular basis.
23. Are you truly knowledgeable of the policies and practices of your department and have you examined them in light of court decisions, new research and state of the art thinking in the law enforcement profession?
24. Have you developed comprehensive data on all previous and current lawsuits, judgments & complaints and recognized their causes?
25. Complaint investigation procedures should be incorporated and strict follow-up should be adhered to.
MODEL LAW ENFORCEMENT POLICIES
(A-L) (M-Z)
Bank Alarm Response Major Crime Scenes
Bloodborne & Communicable Disease Media Relations
Body Armor Mental Health Services
Career Development Missing Persons
Child Abuse Mobile Audio/Video Equipment
Civil Disturbances Motor Vehicle Inventories
Civil Litigation Motor Vehicle Stops
Civilian Personnel Multi-Agency Investigative Teams
Complaint Review Mutual Aid
Cooperative Drug Enforcement Unit OC Spray
Corruption Prevention Off-Duty Conduct: Powers of Arrest
Crime Analysis Personnel Transfer and Rotation
Domestic Violence Pursuit Driving
Drug Testing Racial Profiling
Emergency Driving (Non-Pursuit) Search Warrant - Executing
Evidence Control Search Warrant - Obtaining
Family Medical Leave Act Secondary Employment
Field Interviews and Pat Down Searches Sexual Assault
Firearms Qualifications Shooting Incident Procedures
Force Use of Stakeouts
Grievance Procedures Strikes and Labor Disputes
Harassment and Discrimination Strip and Body Cavity Searches
Hate Crimes Tasers
Hostage/Barricaded Subject Transportation of Prisoners
Informants Use of Warning Devices
Interrogation and Confessions Vehicle Searches
Juvenile Curfew Enforcement Victim Assistance
Juvenile Enforcement and Custody
K-9’s
Light Duty
Lineups
Lockups & Holding Facilities
MODEL POLICY
POLICE DEPARTMENT GENERAL ORDER
SUBJECT: Bloodborne & Communicable Disease NUMBER:
EFFECTIVE DATE: REVIEW DATE:
AMENDS/SUPERSEDES:
NOTE: This rule or regulation is for internal use only, and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety of care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this department, and then only in a nonjudicial administrative setting.
I. Purpose
The purpose of this policy is to provide guidelines for law enforcement officers in preventing the contraction of communicable diseases.
II. Policy
A. The policy of (your law enforcement agency) is to safeguard, to the highest degree possible, Department employees and the public who come in contact with people who have, or are suspected of having, a communicable disease without sacrificing essential services to the community or individual citizens.
B. Employees are always responsible for treating people fairly and humanely. When handling or assisting persons with medical afflictions, employees bear the additional responsibility of being especially sensitive towards the person’s condition and to treat the person with the same dignity reserved for all people with whom we have contact.
C. Information in records (e.g., test results) regarding an employee or arrestee with AIDS or other communicable disease is confidential. Access to such information is limited to only staffs that have a legal need to know. Disclosures of any information except as required by law must not be made unless the expressed written consent of the person is obtained.
III. Definitions
A. Exposure: Any situation where the possibility exists that an individual or object may have been contaminated by body fluids of an individual suspected of being infected with a communicable disease.
B. Contamination: Physical contact with or transfer of body fluids from one individual suspected of being infected with a communicable disease to another. The transfer of such body fluids to an item of equipment such as a patrol vehicle or a detention cell shall also constitute exposure.
C. Body Fluids: Liquid secretions including blood, semen, and vaginal or other secretions that might contain these fluids such as saliva, vomit, urine, or feces.
D. Communicable Disease: Those infectious diseases that are transmitted through contact with the body fluids of an infected individual.
E. Infectious Disease: Includes all communicable diseases, as well as air-borne diseases such as tuberculosis.
F. Bloodborne Pathogen: Pathogenic Microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV).
IV. Procedures
A. Supplies
1. The supply officer shall ensure that adequate supplies are available for communicable disease control.
2. The supply officer will be responsible for the inventory of supplies for communicable disease control. He will also initiate re-ordering
procedures before supplies become depleted. Watch commanders are responsible for ensuring dissemination of these supplies to all officers.
3. Officers using supplies stored in police vehicles are responsible for reporting the use to the supply officer and replacing them in accordance with the operations manual.
4. Supplies will include:
a. Clean coveralls in appropriate sizes.
b. Disposable gloves and leather gloves.
c. Puncture-resistant containers and sealable plastic bags.
d. Barrier resuscitation equipment, goggles, and masks.
e Liquid germicidal cleaner.
f. Pre-moistened wipe pads (70% isopropyl alcohol).
g. Waterproof bandages.
h. Absorbent cleaning materials.
i. “Isolated Area - Do not Enter” signs.
B. Custody Procedures
1. Since medical history and/or examination cannot reliably identify all patients infected with HIV or other blood-borne pathogens, blood and body fluid precautions should be consistently used. This approach is recommended by the Centers for Disease Control and is known as Universal Precautions.
2. Extreme caution is to be used during the search of homes, vehicles, and persons of suspected drug users. This will help prevent accidental skin punctures. Extreme caution must also be used when reaching into areas that are not visible.
3. After the completion of the task or search where protected disposable gloves were used, they are to be removed with caution,
placed in a plastic bag and securely sealed. Upon returning to the station, the officer shall place the sealed bag into a designated “Contaminated Item Receptacle.”
4. Whenever it is necessary to transport a subject who blood or bodily fluids present on his person or clothing, the supervisor shall be notified. Ambulance should be summoned when transport to a health care facility is necessary.
5. Subjects with blood or bodily fluids present on their persons should be transported separately from other subjects. Officers will inform communications when a subject is transported alone.
6. Officers have an obligation to inform other support personnel (fire fighters, paramedics, sheriff deputies, detox personnel, etc.) whenever change or transfer of custody occurs and the subject has blood or bodily fluids present on his person, or if the subject has made a voluntary statement that he has a communicable disease.
7. Subjects taken into custody with blood or bodily fluids on their persons shall be taken directly to and placed in a designated holding area for processing. An “Isolated Area – Do Not Enter” sign shall be posted.
8. Officers are to indicate on the appropriate arrest forms when a subject is taken into custody makes a voluntary statement that he has a communicable disease. Notations will be made in accordance with paragraph I below.
9. Officers responding to a call where a complainant is alleging that he has been intentionally infected with a communicable disease shall summons a supervisor to respond to the scene.
C. Vehicle Maintenance
1. Disinfection procedures shall be initiated as soon as possible when police vehicle requires maintenance after blood or other bodily fluid discharges.
2. A supervisor shall be notified and the vehicle will be taken or towed to the Public Works Garage as soon as possible.
3. Service personnel will implement disinfection procedures where appropriate.
4. Recommended disinfection procedures are as follows:
a. Affected vehicles shall be immediately disinfected by the posting of an “Infectious Disease Contamination” sign upon arrival at the service center and while awaiting disinfection. Signs will be available at the service center.
b. Protective disposable gloves will be worn during all phases of disinfection. Officers are to make certain the gloves are not torn before they attempt to begin any phase of the disinfection process.
c. Service personnel shall remove any excess body fluids from the vehicle with an absorbent cloth, paying special attention to any cracks, crevices or seams that may be holding excess fluid.
d. A broad-spectrum activity virucidal-germicidal solution such as one part household bleach to ten parts water shall be prepared precisely according to the prescribed standard. The effected area shall be cleansed with the virucidal-germicidal solution and allowed to air dry for ten minutes.
e. All disposable contaminated cleaning items shall be placed in plastic bags and placed in the designated “Contaminated Item Receptacle.” Subsequent to the cleaning of the police vehicle, the “Infectious Disease Contamination” sign shall be placed in the same receptacle.
D. Cell Contamination
1. An “Isolated Area – Do Not Enter” sign shall be immediately posted on the cell.
2. The supervisor will be responsible for ensuring that the cell will be properly disinfected or sealed off.
3. Recommended disinfection procedures to be followed are the same as for vehicle disinfection procedures above.
E. Handling and Storage of Property and Evidence
1. Evidence containing suspected blood or other bodily fluids is to be handled with gloves. If the stain or sample is dry, it shall be placed in a paper bag. A proper evidence tag, and evidence processing request, and special label are to be affixed to the outside of the package. If the evidence consists of a syringe and needle, the needle portion is to be made safe by wrapping with tape so that the sharp point is covered and is blunt. The needle/syringe is to be placed in a proper container so that it can be seen be persons handling the evidence. The bag is to be tagged with an evidence tag, a processing request, and a special label. It should be noted that if the needle/syringe is to be processed for latent fingerprints, the plastic bag may hinder this activity.
Remember, the safety of police personnel is of utmost importance.
Liquid samples either should be collected as liquid and stored in a bottle or, if located on clothing or similar materials, should be air dried and packaged as described above.
2. Always wash thoroughly with soap any water after handling any item suspected of being contaminated with blood or other bodily fluids. Wash even if you have worn gloves.
3. Persons working in areas for extended periods of time where blood or other bodily fluids have been shed (for example, crime-scene personnel working for protracted periods of time at homicide scenes) are to wear anti-contamination clothing such as suits, masks, boot covers, and gloves.
4. Property section personnel will adhere to a precise regimen when handling, processing, and storing potentially infectious disease- contaminated evidence/property.
5. Any clothing or evidence known to be contaminated with suspected AIDS, Hepatitis B, or other communicable disease will be placed in a specified area and clearly labeled. The label will indicate, “Known AIDS”, “Possible Hepatitis B”, etc.
6. All bloody clothing will be treated as if it is contaminated.
7. All bodily clothing or evidence, and sacks containing the clothing or evidence, will be handled with protective disposable gloves.
8. The supply officer will furnish protective disposable gloves to officers, detectives, or others handling bloody clothing while in the property section.
9. Any clothing known or suspected to be contaminated with any communicable personnel only after those persons are wearing protective disposable gloves.
10. The evidence custodian shall wash his hands thoroughly with germicidal soap after handling any possibly contaminated clothing or evidence.
11. All property for disposal shall be kept in sealed color coded plastic bags and placed in the communicable disease receptacle in the property section. These items will be disposed of in accordance with established procedures for this type waste.
F. Property Contamination
1. When department issued or personnel property is contaminated by blood or bodily fluids in the line of duty, officers will place the items in a sealed color coded plastic bag and deliver it to the supply section for disinfection. The officer will verbally inform supply personnel when possible that communicable disease contaminated items are transferred to their custody.
2. If supply section personnel determine that effective disinfection procedures are not practical, officers will leave the property with supply personnel for disposal and direct a letter through the chain of command to the Chief of Police for replacement of the item(s). The letter should include:
a. The circumstances by which the property became contaminated.
b. The name of the officer in the supply section who confirmed that disinfection procedures were not practical, and
c. Whether any person was charged with destruction of public or private property as a result of the contamination.
3. The supply officer will have coveralls available when uniforms become contaminated and officers require a change of clothing.
G. Line-of-Duty Exposure to Communicable Disease or Contaminated Materials.
1. Incident reports will be prepared when officers have cause to believe that they have had high-risk exposure during line-of-duty activity. Examples of high-risk exposure are:
a. The handling of bloody or wet items, where scratches, cuts or open sores are noticed on the area of contact.
b. Direct contact with bodily fluids from a subject on an area where there is an open sore or cut.
c. Direct mouth-to mouth resuscitation (CPR).
d. The receiving of a cut or puncture wound as a result of searching or arresting a subject.
2. A supervisor will be contacted and an incident report detailing the extent of exposure will be completed.
3. In addition, the following will be completed by the supervisor:
a. Employee Work Injury Report
b. Direction to the employee to report to the appropriate medical facility for evaluation / direction by a doctor.
H. Record Keeping/Confidentiality of Information
Employee must balance the need of fellow members to have knowledge of individuals known to be infected with communicable diseases and the right to privacy of the infected person. Accordingly, the following procedures will be followed:
1. Under no circumstances shall information concerning communicable disease be broadcast in the clear on police radio nets. When there is reason to believe an officer is being dispatched to such a call. The dispatcher shall indicate a code that includes the letter “CD” (Charles-David) to alert the officer.
2. If the officer discovers such a situation subsequent to arrival at a scene, he shall likewise indicate to the dispatcher that he is involved with a “CD” (Charles-David) type call.
3. Arrest records shall indicate the “CD” (Charles-David) classification as an add-on to the incident/complaint number. For example, 90-1234CD.
4. Police incident reports shall be annotated with the “CD” (Charles-David) designator the same as for the arrest report. No other information concerning the presence of a communicable disease shall be placed in text of the report.
5. A list of known “CD” (Charles-David) persons and locations shall be maintained with the dispatcher to enable the passing of such information to road officers.
6. All employees are cautioned that any information concerning communicable disease is confidential. Public disclosure, under any circumstances, is strictly forbidden. Only the Chief of Police may release any such information.
I. Infectious Disease Training
The department training officer shall be responsible for disseminating updated information concerning infectious diseases and coordinating additional roll call and/or in-service training dealing with this subject material.
MODEL POLICY
POLICE DEPARTMENT GENERAL ORDER
SUBJECT: Domestic Violence NUMBER:
EFFECTIVE DATE: REVIEW DATE:
AMENDS/SUPERSEDES:
NOTE: This rule or regulation is for internal use only, and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this department, and then only in a non-judicial administrative setting.
I. Purpose
The purpose of this general order is to establish guidelines, responsibilities, and procedures for domestic violence intervention.
II. Policy
The policy of this department is to view domestic violence as a serious crime. Therefore, this department will take a proactive response to safeguard victim’s rights, provide victim assistance, and utilize arrest as a deterrent to future violence.
The goals of this policy are:
A. Reduce the number of domestic violence incidents and victim injuries;
B. Reduce the number of repeat calls for domestic incidents;
C. Obtain more prosecutions in domestic violence cases;
D. Provide increased sensitivity, assistance, and protection to the victims of domestic violence and their children;
E. Increase cooperative efforts with the courts, prosecutors, and victim service agencies in achieving a reduction in domestic violence;
F. Reduce civil liability.
III. Procedures
A. Definitions
1. “Abuse”, includes but is not limited to the occurrence of any of the following acts, attempts, or threats against a person who may be protected under sections 455.010 to 455.085:
a. “Assault”, purposely or knowingly placing or attempting to place another in fear of physical harm;
b. “Battery”, purposely or knowingly causing physical harm to another with or without a deadly weapon;
c. “Coercion”, compelling another by force or threat of force to engage in conduct from which the latter has a right to abstain or to abstain from conduct in which the person has a right to engage;
d. “Harassment”, engaging in a purposeful or knowing course of conduct involving more that one incident that alarms or causes distress to another person and serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the petitioner. Such conduct might include but is not limited to:
(1) Following another about in a public place or places;
(2) Peering in the window or lingering outside the residence of another; but does not include constitutionally protected activity;
e. “Sexual assault”, causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, or duress;
f. “Unlawful imprisonment”, holding, confining, detaining or abducting another person against that persons will;
2. “Adult”, any person 17 or older or otherwise emancipated;
3. “Child”, a person under 17 years of age.
4. “Court”, the circuit or associate circuit court of the state of Missouri;
5. “Ex parte order of protection”, an order or protection issued by the court before the respondent has received notice of the petition or an opportunity to be heard on it;
6. “Family or household member”, (Victim), spouses, former spouses, persons related by blood or marriage, persons of the opposite sex who are presently residing together or gave resided together in the past and persons who have a child in common regardless of whether they have been married or have resided together at any time;
7. “Full order of protection’, an order of protection issued after a hearing on the record where the respondent has received notice of the proceedings and has had an opportunity to be heard;
8. “Order of protection”, either an ex parte order of protection or a full order of protection;
9. “Petitioner”, a family or household member who has filed a verified petition under the provisions of section 455.020;
10. “Respondent”, the family or household member against whom a verified petition has been filed;
11. “Victim”, same as “Family or household member”. See Definition #6.
B. Responsibilities
1. Dispatcher (communication center) responsibilities
a. Because the dispatcher is likely to be the first person to receive the call, he or she is a key person in determining the type of response.
b. The dispatcher shall assign the call to a responding unit. Whenever possible, a second unit should be assigned. To assist the responding officers, the dispatcher shall determine the following, if possible:
1) Who is complaining?
2) Is the crime (incident) in progress?
3) Is a weapon involved?
4) Has the caller or anyone else at the address been injured? Is an ambulance needed?
5) Name and location? At this point, if there is evidence of injury or weapon, or major threat of violence, dispatch a police unit immediately (and ambulance, if needed). Keep the complainant on phone if possible and obtain additional information.
6) Assistant’s whereabouts? If not known, obtain direction of travel and elapsed time.
7) Were alcohol or drugs involved?
8) Has there been any previous history or reports of domestic abuse?
c. Listen for background noises that assist in evaluating the threat level (screams, shouts, threats, breaking glass and furniture). These sounds will raise the potential danger level and can help provide the probable cause required.
d. Maintain telephone contact until the officers arrive in order to monitor the incident and provide support to the victim. Advise the victim of the intended department response. Use crisis intervention skills.
e. The dispatcher shall provide the responding officer with as much information as possible to identify victim at the scene.
f. Check the cross-reference file of incidents by name and address to determine previously reported incidents involving the same parties, address and probable danger involved.
g. Assigning priority of call:
(1) All domestic violence calls should be assigned a priority no lower than the same standard for response to an alleged incident of abuse, or any offense involving strangers.
(2) IMMEDIATE RESPONSE priority MUST be assigned if any of the following factors are present:
(a) The caller indicates that violence is imminent; or
(b) A protection order is in effect; or
(c) The caller indicates that incidents of domestic violence have occurred previously between the parties.
2. Patrol Responsibilities
a. Response to call: Priority of response to domestic violence calls will be no less than if the call involved strangers. Immediate response will be assigned the call when the caller indicates that violence are imminent, or a protection order is in effect, or the caller indicates that incidents of domestic violence have occurred between the parties in the past. Obtain all available information from the dispatcher before arriving at the scene.
(1) Approaching the scene
(a) Emergency lights and siren (Code 3) should be used. Avoid use of sirens and emergency lights in the vicinity of the scene. (The use of emergency warning equipment will increase the tension of persons emotionally out of control and can result in an attack upon the officers).
(b) Do not park the police unit directly in front of the residence.
(c) Persons encountered while approaching the domestic dispute scene should be briefly questioned about the incident and parties involved. Remain alert for an assailant leaving the scene.
(d) Observe the location of the dispute before contacting the complainant.
(e) Consider the surroundings before knocking on door; listen and look in any nearby window to obtain additional information about the situation (layout of house, number of people involved, weapons).
(f) Officers must be concerned for their own safety as well as the disputants. To minimize the possibility of injury, stand on the side of the door when knocking. The unexpected may occur when the door opens.
(2) Initial contact with occupant(s)
(a) Identification: Identify selves as police officers by name, give an explanation of police presence, and request entry into the home (when conditions permit). If the complainant is home, ask to see him or her.
(b) Consent search: Officer may enter and conduct search of the premises of consent has been given to do so. Although a consent search eliminates the need for a warrant and for probable cause, such consent must be freely and voluntarily given. If two people have joint ownership of a place or thing, either one may give a valid consent. A spouse can consent to the search of premises used jointly by both the husband and wife. This is also true if man and woman are only cohabitants; however, if one of them exercises sole control over part of the premises, the other cannot give valid consent to search the part.
(c) Refused entry: When refused entry to a residence, be persistent, explaining that a complaint was received and must be verified. If entry is still refused, request that the dispatcher call the complainant to re-contact the victim. If still refused entry, contact your supervisor, if available, and explain the situation. The supervisor or senior police officer on the scene will decide whether to remain or leave. If officers remain at the scene, they should move to public property (the street) and observe the premises.
(d) Forced entry: There may be times when enough probable cause exists to indicate that a felony is occurring, has just occurred, or that a life is in danger. In these cases, if entry is refused, or there is no reply from the premises, forced entry may be necessary to protect a life or make an arrest. Among the circumstances that can provide probable cause to force an entry include cries for help, weapons displayed, obvious signs that a struggle occurred, and/or an eyewitness account that a felony occurred and the victim is still on the premises.
Officers shall evaluate the following elements when considering a forced, warrantless entry:
1) The degree of urgency involved and the time required to get a warrant;
2) The possibility of danger to others, including police officers left to guard the site;
3) Whether the suspected offense involved violence;
4) Whether officers reasonably believe that persons may be armed.
(e) Once inside, establish control by
1) Inquiring about nature of dispute.
2) Identifying disputants.
3) Being aware of potential weapons in surroundings.
4) Determining if person(s) are in other rooms (children and other adults) and the extent of their injuries, if any. These persons should be separated from the parties involved and kept out of hearing range (to avoid compromising their witness status).
5) Listening for res gestae statements.
(f) Protecting the victim
1) Officers must protect the victim from further abuse. Separate from assailant, administer first aid, and arrange for medical attention if victim is hurt.
2) Victim can sustain internal injuries to the stomach, breast area, portions of the head covered by hair, and the back. Pregnant women are often hit or kicked in the stomach. The absence of external injury does not mean the victim has not been assaulted.
3) If victim appears injured and yet refuses medical assistance, carefully document any observed injuries, as well as the refusal of medical attention.
(g) Interviewing the disputants
1) Ensure safety and privacy by interviewing victim in a separate area away from the assailant, witnesses, and bystanders.
2) Critical to the success of the interview is the police officer’s manner. Officers must show interest through effective listening and remain aware of non-verbal communication signals.
3) Officers shall attempt a low-key approach in domestic violence cases, projecting the role of mediator/helper rather than of authoritarian. Maintain good eye contact through natural, spontaneous glances. (Fixed gazes or staring increases the fear and hostility). A relaxed stance, along with appropriate facial and head movements, demonstrates interest and encourages the victim to continue speaking.
4) Allow the parties to describe the incident individually without interruption at the beginning of the interview. Expect the parties to ventilate their emotions to relieve tension.
5) After the parties ventilate their emotions, and while still separated, the officer(s) should ask about the details of points for clarification and summarize the stated accounts, allowing the parties to point out anything that may be misrepresented.
(h) Interviewing witnesses
1) Witnesses to the incident – children, other family members and neighbors – should be interviewed as soon as possible.
2) These witnesses also may be in significant emotional crisis.
3) If witnesses provide information about prior assaults, document the incidents to help establish a pattern.
4) Children of disputants should be interviewed with care and kindness. Sit, kneel, or otherwise be at their level when speaking to them. Signs of trauma and apparent healing of abuse wounds should be noted.
(i) Officers shall provide information and assistance to abused parties as required by Section 6. VICTIM ASSISTANCE SERVICES of this order.
(j) Arrest decisions; Officers will effect an arrest, based on probable cause and supported by the statements of the victim or witness, of abusers in domestic situations in the following circumstances:
1) Where a crime has been committed.
2) Where the officer is aware of a past history of assaults committed by the abuser and there is probable cause to believe another assault has occurred.
3) Where a physical assault has occurred and there is evidence of either alcohol or drug abuse.
4) Where any weapon was used to inflict the injury, or was used to intimidate or threaten the victim.
5) Where an assault has occurred and, if the officer takes no action, there is strong likelihood that further violence or injury might result.
(k) Gathering evidence
1) Physical evidence takes three forms in domestic violence cases’ the injuries of the victim, evidentiary articles that substantiate the attack, and the crime scene itself.
2) Victim’s account of injuries sustained can be corroborated by a medical examination.
3) The investigating officer will see that photographs are taken of visible injuries on the victim and make those photographs available for prosecution.
4) Photographing the crime scene to show that a struggle occurred is preferred; if not possible, make a written description of it.
5) All articles of evidence should be collected as in other investigations.
1) Documenting the incident
a) A report will be written in All domestic disturbance cases.
b) Include, as a minimum, the following information:
1) Acts and circumstances of the incident;
2) Victims statement as to the number of prior calls for police assistance;
3) Victim’s statement as to the frequency and severity of prior incidents of abuse by the same abuser;
4) Disposition of the investigation.
c) Upon investigation of a domestic violence situation, the officer shall evaluate the circumstances surrounding the incident and determine if probable cause exists to initiate an arrest. Arrest is the preferred response, although not the only alternative, to family violence because arrest offers the greatest potential for ending the violence.
d) Officers shall make a physical, custodial arrest if any of the following circumstances exist:
Evidence of:
1) Assault
2) Abuse of child
3) Harassment/Threats
4) Sexual Abuse/Assault
5) Unlawful Imprisonment
6) Violation of orders of protection, any other court order, or child custody order.
e) Refusal of a victim to sign an official complaint against the offender(s) shall not prevent, nor shall it be a consideration, in a law enforcement officer’s decision to arrest.
f) Identifying the offender(s)
1) When an officer makes an arrest he is not required to arrest all parties involved in an incident when all parties claim to be victims. The arresting officer shall attempt to identify and arrest the party(s) he believes to be the physical primary aggressor(s). The term, “Physical Primary Aggressor” is defined as the most significant, rather than the first, aggressor(s). If the primary physical aggressor is absent upon officer’s arrival, the crime will be investigated and application for warrant made.
2) Under no circumstances shall a law enforcement officer(s) of this agency use the threat to arrest all parties involved for the purpose of discouraging requests for law enforcement intervention.
IV. Orders of Protection
A. When a person advises an officer that an order of protection pertaining to the suspect has been issued, the officer shall attempt to ascertain if such an order is on file with the department (see Appendix).
B. Certified copies of the orders of protection sent to the department by the court shall be filed so that they are accessible on a 24 hour basis to all field and patrol officers. Orders of protection are filed (fill in where and with whom these orders are filed). The officer shall check with the department to verify: A) that a certified copy of the order is on file; B) that the order has not expired; and C) what the exact terms of the order are for a particular individual at a particular location.
C. Officers shall arrest when there is probable cause to believe that the subject of the order of protection has violated the order.
D. Violation shall be arrested for a violation of the terms of the order which may include criminal trespass in the first degree (Code #) or any other violations charged.
E. If the violator is not present when the officer arrives, the officer shall investigate the incident and, if probable cause exists, the officer and/or the department will apply for an arrest warrant.
F. If an order for protection has not yet been served or cannot be verified to have been served;
1. The incident will be handled per department Domestic Violence Policy.
2. The officer will serve a copy of the order to the suspect (If at the scene).
V. Reporting Requirement
A. When an officer responds to a call of domestic a report is required. The report will include:
1. Facts and circumstances of the incident including any complaint or signs of injury.
2. Victim/Witness statements of previous incidents and/or prior request for police assistance.
3. Assistance provided to the victim/dependents.
4. Victim’s intention prosecute and disposition of the investigation.
VI. Victim Assistance/Services
An officer shall make reasonable effort to inform victims of services for their protection and welfare by:
A. Securing medical treatment for the victim.
B. Insuring safety of children.
C. Giving the victim an information sheet explaining legal rights, court options, and how to obtain a protective order (see Appendix).
12. Give the victim an information sheet with the phone numbers of shelters, advocacy groups, batterers’ groups, and crime victim’s compensation (see Appendix).
APPENDIX
Under Chapter 455 RSMo. the courts will be issuing two kinds of order that pertain to family violence incidents;
1. Ex parte order of protection (see definition page 2). Any adult family member or household member who has been subjected to abuse may apply for such an order. (See definition of family or household member page 3).
2. Full order of protection (see definition page 3).
A copy of an order of protection shall be issued to the petitioner and to the local law enforcement agency in the jurisdiction where the petitioner resides. The clerk shall also issue a copy of any order of protection to the local law enforcement agency responsible for maintaining M.U.L.E.S. or any other comparable law enforcement system, the same day the order is granted. The law enforcement agency responsible for maintaining M.U.L.E.S. shall enter information contained in the order for purposes of verification within 24 hours from the time the order is granted.
MODEL POLICY
POLICE DEPARTMENT GENERAL ORDER
SUBJECT: Emergency Driving (Non Pursuit) NUMBER:
EFFECTIVE DATE: REVIEW DATE:
AMENDS/SUPERSEDES:
NOTE: This rule or regulation is for internal use only, and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety of care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this department, and then only in a nonjudicial administrative setting.
I. Purpose
To establish policy and procedure for emergency-vehicle operation by the (your law enforcement agency) in other than “fresh pursuit” situations.
II. Policy
It shall be the policy of the Department that officers involved in emergency driving shall drive in a safe and expeditious manner so that they may travel to and arrive at their destination with due regard for public safety.
III. Definition
“Emergency Driving” means driving pursuant to police calls such as “help the officer”, “crime in progress”, “injury accident”, etc. During emergency driving, the officer is not pursuing another vehicle and thus has greater control over the situation.
IV. Response Codes
A. Code 3 – Crime In-Progress, Injury Accident, Medical Emergency, or an Officer Call for Help. Lights and sirens will be used.
B. Code 1 – A call for service that is not listed Code 3. Field units will respond without the use of emergency lights and siren and in compliance with all traffic regulations.
V. Significant Factors
When driving in the Code 3 mode, officers must evaluate their response, keeping in mind the same considerations used in pursuit situations. Officers will regulate their response to any call so as not to unreasonably endanger the public safety or welfare and should drive no faster than necessary to safety arrive at their destination.
VI. Emergency Escorts
A. Escorts of private vehicles with use of emergency lights and/or siren are not authorized. Officers will not authorize the driver of any private vehicle to exceed the speed limit or to ignore stop signs or signals, or to otherwise violate traffic regulations.
B. Officers will not lead or otherwise escort ambulances on emergency runs. If assistance is necessary, officers may render such assistance by attempting to clear intersections along the rout of the emergency vehicle.
MODEL POLICY
POLICY DEPARTMENT GENERAL ORDER
SUBJECT: Firearms Qualifications NUMBER:
EFFECTIVE DATE: REVIEW DATE:
AMENDS/SUPERSEDES:
NOTE: This rule or regulation is for internal use only, and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety of care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this department, and then only in a nonjudicial administrative setting.
I. Purpose
To establish standards of firearms proficiency for Department personnel and to define the various courses of fire utilized in the qualification process.
II. Policy
A. It is the policy of the (your law enforcement agency) that only officers demonstrating proficiency in the use of department issued or authorized firearms be permitted to carry such weapons.
B. Firearms proficiency will be determined by the satisfactory completion of in-service firearms qualification courses designed to address the shooting skills required in police work.
III. Qualification Standards
The minimum firearms qualification standard for the (your law enforcement agency) will be a score of 75% on the courses herein outlined.
IV. Handguns
A. The weapons used for qualification shall be the service and/or off-duty firearms(s) issued or approved for carry by the member.
B. Only factory loaded department issued ammunition or remanufactured ammunition, loaded to duty ammunition specifications will be used for qualification.
C. Qualification shall be on a pass/fail basis.
V. Shotguns
A. The weapon used for qualification shall be a standard issue 12-gauge pump shotgun.
B. Only factory loaded department issued ammunition or remanufactured ammunition, loaded to duty ammunition specifications, will be used for qualification.
VI. Other Shoulder Weapons
The weapon used for qualification shall be the particular weapon(s) and ammunition issued to, or authorized for use by the member.
VII. Qualifications
A. Each member authorized to carry a firearm shall be required to qualify with that weapon as scheduled by the Professional Standards Section.
1. Qualifications will be re-scheduled with the approval of the Chief of Police or the Deputy Chief, Field Operations for documented reasons, such as: medical, vacation, conflict of schedules, etc.
B. Members authorized to carry a particular weapon, who fail to attain a qualifying score, shall attend, on duty, a block of remedial instruction and shall attempt to qualify after said instruction.
C. In the event the member fails to achieve a qualifying score after receiving remedial instruction, he shall:
1. Have the authority to carry the weapon on-duty revoked.
2. Have the authority the weapon off-duty revoked also, if it is a handgun.
3. Be placed in a position within the Department, which does not necessitate the carrying of the particular weapon.
4. Be afforded an opportunity, on a voluntary basis, to receive additional instruction and qualify with the particular weapon on his/her off-duty time within thirty calendar days.
5. After being given the opportunity on a voluntary basis to receive additional instruction and an opportunity to qualify with the particular weapon the member still fails to qualify, he/she shall be subject to other appropriate action such as, but not limited to: transfer, removal from special teams or squads, demotion, or possible discharge.
D. Qualification Schedule
1. 1st Qualification
a. Qualifications with the following:
(1) Authorized on-duty handgun
(2) Off-duty handgun
(3) Shotgun
b. Stress Course
1) Authorized on-duty handgun
2) Shotgun
2. 2nd Qualification
a. Qualifications with the following:
1) Authorized on-duty handgun
2) Off-duty handgun
(3) Shotgun
b. Night Firing Qualification
1) Authorized on-duty handgun
2) Shotgun
3. Special Emergency Response Team
Team personnel will qualify with their specialized weapons as scheduled by the Ream Commander and approved by the Chief of Police.
VIII. Qualification Courses
A. The (your law enforcement agency) will utilize qualification courses developed for each of the four types of handguns authorized for carry by officers. The four handgun types are identified as:
1. Service Revolvers – All approved revolvers authorized for on-duty use. Detective’s 2.5 inch revolvers are included in this category.
2. Service Pistol – All approved semiautomatic pistol authorized for on-duty use. Only 9mm pistols are included in this category.
3. Off-duty Revolver – Snub-nosed five shot and 2.5 inch revolvers carried by off-duty personnel or as a secondary weapon while on-duty. Detectives carrying their service weapon off-duty need not requalify.
4. Off-Duty Pistol – All approved .380 and 9 mm pistols not carried on-duty, as a primary weapon.
B. Officers will be limited to qualifying with two off-duty weapons.
C. Additional courses will be developed for each Department issued or approved weapon.
D. The courses of fire will be developed and maintained by the Department Weapons Officer. The Weapons Officer shall be responsible for the annual review of all courses and recommending modifications or changes required to meet new skills requirement.
E. All changes or modifications in the Department’s firearms qualifications courses will be submitted in writing and approved by the Chief of Police.
MODEL POLICY
POLICE DEPARTMENT GENERAL ORDER
SUBJECT: Use of Force NUMBER:
EFFECTIVE DATE: REVIEW DATE:
AMENDS/SUPERSEDES:
NOTE: This rule or regulation is for internal use only, and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety of care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this department, and then only in a nonjudicial administrative setting.
I. Purpose
To establish guidelines governing the use of force and its limitations, and clearly describe prohibited activities.
All entry-level officers shall be issued this order and thoroughly trained in its content prior to being authorized to carry firearms.
II. Definitions
A. Deadly Force Includes:
1. The discharge of a firearm, even though no intent exists to kill or inflict serious physical injury.
2. Any force applied in any manner by means that could reasonably be expected to cause death or serious physical injury.
B. Excessive Force: All force beyond what is objectively reasonably required to successfully affect legitimate self-defense or any other lawful purpose. Excessive force is always unnecessary force. Each situation must be evaluated according to particular circumstances. As a guide, Graham v.
Conner, 109 S.Ct. 1865, 104 LEd.2d 443 (1989) set forth the objectively reasonable standard to determine whether the force applied was excessive. The “reasonable” test states:
1. Reasonableness is determined by balancing the nature and quality of the intrusion with the countervailing government interests.
2. The reasonableness analysis contemplates careful consideration of the facts and circumstances of the encounter, including:
a. The severity of the crime.
b. Whether the suspect poses an immediate threat to the safety of the officers and/or others.
c. Whether the suspect is actively resisting arrest or attempting to evade arrest by flight.
3. Reasonableness is to be judged from the prospective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.
4. Not every push or shove violates the 4th Amendment.
5. The reasonableness standard must make an allowance for the fact that police officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly moving.
6. The officer’s underlying intent or motive is irrelevant to the “objective reasonableness” test; however, if the officer has evil or malicious intent or evidences a callous disregard for the suspect, the officer may be liable for punitive damages or possibly criminal culpability.
C. Firearms are any weapon from which a projectile is forcibly ejected by an explosive.
D. Non-deadly force is the force employed which is neither likely nor intended to cause death or serious physical injury.
E. Reasonable belief exists when facts or circumstances the officer knows before the application of force, or should know, are such as to cause an ordinary and prudent person to act or think in a similar way under similar circumstances.
F. Serious physical injury is any injury to the body that causes, or likely to cause, acute or permanent disablement, disfigurement, or significant degree of pain and suffering. Included within this definition are injurious internal disturbances, severe psychological trauma, and any injury that requires significant medical treatment or hospitalization. Examples are broken bones or teeth, dislocations, grievous cuts, lacerations, burns, abrasions, internal injury, hematoma, etc. Severe psychological or emotional injury can also fall within this definition.
G. Unnecessary force is any force that is uncalled for and that serves no legitimate purpose.
III. General Policy
A. Officers are confronted frequently with situations where, in order to protect the public safety and the officer, force may be exercised. Control may be achieved through advice, warnings, and persuasion, or by the use of physical force. Obviously, there are varying degrees of force that may be justified, depending on the dynamic of the situation.
B. The department expects that officers will employ the amount of force, which is objectively reasonable to accomplish a legal purpose. When applying deadly force, an officer’s objective must be to stop or incapacitate the suspect.
C. The use of excessive force shall result in certain corrective action and may result in criminal prosecution.
D. The use of force by officers shall, when circumstances permit, be progressive in nature. The point of entry into the use of force continuum will vary with each situation. The level of force may escalate at any time and officers must be prepared to meet the threat with that amount of force which is objectively reasonable to control the situation.
E. Officers employing physical force to overcome a subject’s resistance which is at or exceeds Resistant Level I, as explained within Section IV of this General Order, will be required to complete a special Use of Force Report in accordance with Department General Order [ ], Reporting Use of Force (Refer to model policy on reporting use of force).
IV. Progressive Use of Force
Progressive force refers to the escalation of force used by an officer in order to control a situation, from minimal force to maximum force. An illustration of the department’s Use of Force: Confrontation/Control Continuum is presented as Addendum A of this order. The use of force by officers shall be in compliance with the training standards established by the department. Officers of this department may only use that level of force, which is objectively reasonable under the circumstances to neutralize or prevent unlawful behavior.
A. Level - Cooperative
In the course of normal patrol, the officer’s contact with the general population is vastly more positive than negative, and likewise, much more prone to non-force than forceful confrontation. Even in exceptional cases, at times the officer may simply re-adjust his spatial positioning or elicit greater eye contact (body language methods) and gain reluctant compliance of the individual. Or the non-compliant individual may have the officer’s request repeated or verbally convinced that increased reluctance need not progress to resistance (verbal persuasion methods) culminating in eventual compliance.
1. In dealing with people, each officer must attempt to make his contact one which inspires respect and generates cooperation and approval of the public. A citizen’s encounter with the police can be a frightening, emotional experience and under these circumstances, the risk of misunderstanding is great.
2. The manner and form in which an officer speaks to the individual(s) can be effective means of exerting verbal force in order to control the situation. Verbal force is in the form of warnings, advice, persuasion and tone control and may, in and of itself, be progressive in nature, depending upon the circumstances. All are effective means of utilizing reasonable and necessary verbal force. If used properly, officers may not have to resort to the use of other forms of force.
3. The majority of arrests made by officers of this department are made peacefully; the prisoner is handcuffed, searched and transported. In these situations there is neither resistance, nor the need to use force. On occasion, some form of physical maneuvering may be required to escort the individual from one location to another.
B. Resistance Level I
On occasion, police officers are faced with an uncooperative individual or one who refuses to placed in custody and other alternatives would be, or have been, ineffective or inappropriate. Incidents of this nature require officers to use sufficient force to make the lawful arrest without unnecessarily aggravating the situation. The object of this level of force is to gain compliance and control while minimizing the risk of injury to the officer, the person being placed into custody, and innocent bystanders. As shown in Addendum A, control options could include: body language, verbal persuasion, contact controls, joint restraints, weapon assisted leverage techniques, and nerve center controls.
C. Resistance Level II
Resistance in this classification is active in its scope and intensity. The suspect’s indifference is expressed via physical defiance. The individual may turn away from the officer and attempt to leave the scene. He may actively resist the officer’s attempts at controls. The critical aspect of Resistance Level II is that no direct force or violence has been directed toward the officer. It should be noted, however, that resisting a control technique could directly or indirectly injure the officer and, therefore, subsequent techniques deployed attempting to gain control of the suspect could legitimately escalate into a higher level of non-compliance. As shown in Addendum A, control options for this level of resistance could include: all techniques listed for Resistance Level I, as well as, weapon assisted pain compliance techniques, chemical irritants, and electrical devices (stun-gun).
NOTE: “Strangle Holds” and other similar holds which restrict the ability to breathe are prohibited.
1. Tear Gas: The use of tear gas will be limited to tactical operations conducted under the direct supervision of personnel trained in the proper use of chemical weapons.
A. Prior to deployment of chemical agents, due regard shall be exercised for the safety of the subject, police officers, and innocent citizens. Proper scene cordon and evacuation techniques shall be utilized.
B. The minimal amount of chemical agents necessary under the circumstances shall be deployed. Only non-burning agents will be deployed within a structure or near a potentially flammable environment.
D. Assaultive Level I
In this level the officer is met with active, hostile resistance expressing itself in the form of physical attack upon the officer. Resistance keys upon the direction of the violence as well as the intensity and, therefore, includes a large realm of resistance activities. In each case, the specific judgment as to overall scope of the violence must err on the side of officer safety. In additions to the control options presented for Resistance Levels I and II, the officer could include intimate impact weapons as well as extended impact weapons in his range of force options.
1. Intimate Impact Weapons: This level of unarmed force involves the use of what is commonly known as personal weapons (i.e.; fist, hand, elbow, feet, knee, etc.). The use of personal weapons can be employed by officers to defend themselves against unlawful assaults physical force alternatives would be, or have been, ineffective or inappropriate. Application of this level of force must be justified and appropriate.
2. Use of Baton: The Department issued baton will be carried by uniformed officers below the rank of lieutenant at all times while on duty. Although lieutenants and captains are not required, they are encouraged to have a baton available while on duty. The baton shall only be used in accordance with current departmental training standard. The use of the baton shall be restricted to quelling physical confrontations where other verbal or physical force alternatives would be or have been ineffective or inappropriate.
a. The department issued baton shall be the MONADNOCK PR-24 POLICE BATON.
b. Prior to being authorized to carry the PR-24 baton, officers will be required to successfully complete the manufacturer’s user certification course. Only certified instructors will be utilized to conduct certification and annual recertification courses for the department.
c. Only batons issued by this department shall be authorized for use by employees.
d. When carried, the baton will be secured in a manner consistent with established uniform standards.
e. Other types of striking devices are strictly prohibited and shall not be carried while on duty or acting in an official capacity as a member of this department.
E. Assaultive Level II
At this level is the violent subject who by his actions creates a reasonable assessment that his non-compliant activity has the potential to cause the officer great bodily harm and even death. Most officers will readily, almost instinctively, perceive when their actions are in defense of life and therefore, justified in force options which range from the levels indicated earlier to include: weapons techniques with debilitating potential, service firearm, and supplemental firearms.
1. All officers are equipped with a firearm to defend themselves or others against deadly force. An officer shoots when it is reasonably necessary to preserve his life or the life of another. When a firearm or other deadly force is used, it must be within the realization that the death of a person may occur.
2. Justification for the use of deadly force must be limited to what reasonably appears to be the facts known or perceived by an officer at the time he decides to use such force. Facts unknown to an officer, no matter how compelling, cannot later be considered in determining whether the use of deadly force was justified.
3. An officer may use deadly force in the defense of a citizen or himself from what he reasonably believes to be an immediate threat of death or serious physical injury. Provided that the further risk of death or serious physical injury to others if the violent felon is not apprehended exceeds the risks inherent in the use of deadly force to others.
4. Deadly force may be used to prevent the escape of a fleeing felon when the officer has exhausted all other means of capture AND:
a. The officer reasonably believes that the person to be arrested has used deadly force in the commission of a felony, OR:
b. The officer reasonably believes that the person whose arrest is sought will inflict death or serious physical injury to the officer or others if apprehension is delayed.
5. Deadly force may be used to kill seriously injured or dangerous animals when no other disposition is reasonably practical. Officers must obtain approval from a supervisor before such action is taken.
V. Shoot to Stop
A. Members shall fire weapons to stop an assailant from completing a potentially deadly act as described in this Order. For maximum stopping effectiveness and minimal danger to innocent bystanders, the officer shall shoot “center body mass”.
B. “Warning shots” are prohibited.
C. Shots shall not be fired toward, into, or at a crowd or gathering.
VI. Shooting At or From Moving Vehicles
Officers shall not discharge a firearm at or from a moving vehicle, except as the ultimate measure of self-defense, or defense of another when the suspect is using deadly force by means other than the vehicle.
VII. Display of Firearms
A. Firearms may be displayed in the following situations:
1. When the use of firearms is authorized pursuant to this order.
2. When the person to be apprehended has committed, or there is probable cause to believe the person to be apprehended has committed, a felony offense and the possibility exists (that the individual poses an immediate threat of bodily harm to the officer(s) or others,) based on the:
a. Severity of the charge;
b. Individual or number of individuals to be apprehended;
c. Credible information received concerning weapons and/or subject’s propensity for violence;
d. Other circumstances under which the felony arrest may occur which renders the drawing or display of a firearm a reasonable precaution.
B. Except for general maintenance, storage or authorized training, officers shall not draw or exhibit their firearm unless circumstances create strong reasonable cause to believe that it may be necessary to lawfully use the weapon in accordance with this order.
C. A firearm shall not be used as a club, hammer, pry bar, tool, or for any other purpose other than for which it was intended.
D. A revolver shall not be carried or placed at any time in a “cocked” condition. Officers carrying semi-automatic pistols will return the weapon to the double action firing condition as soon as practical after discharging a round or rounds.
E. Officers shall not engage in any “horse play”, “quick-draw”, or any other similar activity.
F. Weapons shall not be used for any purpose other than approved range training, performance of duty, or as otherwise provided by law.
Departmental weapons shall not be carried or utilized for hunting, or similar, non-law enforcement activity.
G. No officer shall display or provide any weapon to a citizen to inspect examine or otherwise handle.
H. No officer shall furnish his firearm to any citizen or civilian enlisting his assistance.
VIII. Deadly Force Other Than Firearms Prohibited
A. Deadly force may consist of the use of items, articles, instruments, or equipment other than firearms, which are designed, intended, and routinely utilized for other legitimate police purposes such as vehicles, batons, flashlights, etc.
Deliberate use of any such item, article, instrument, or equipment for any purpose other than that for which it was designed and intended, or in a potentially deadly manner (i.e., as a club), is prohibited except in cases where the use of deadly force is specifically authorized by this order.
B. Striking to the head should be avoided; it may occur only as a LAST RESORT when no other means of control exists and the use of deadly force is justified.
IX. Training
Officers shall receive in-service training on an annual basis regarding defensive tactics and the use of physical force and control holds. This training will be consistent with current legal trends and generally accepted law enforcement procedures.
A. Only certified instructors will be utilized to present this training. Although not required, it is preferred that the instructors be sworn members of this department.
B. A training syllabus will be prepared by the lead instructor and submitted for review to the Professional Standards Section, prior to the first class
C. The Professional Standards Section will review the material and forward the appropriate recommendation to the Chief of Police based on the syllabus content.
D. Areas of concern on the training syllabus will be brought to the attention of the Police Chief for appropriate review.
E. All training syllabi will be approved by the Chief of Police prior to implementation.
F. The Professional Standards Section is responsible for coordinating the training program; to include the scheduling process, equipment, and facility acquisition.
1. Entries of this training shall be made on the officer’s individual training record.
2. A list of officers failing to attend or pass the required training shall be prepared and forwarded to each Bureau Commander for appropriate corrective action.
G. All sworn personnel below the rank of major shall be required to attend these training sessions as scheduled, unless excused for a justifiable reason by the appropriate Bureau Commander. All other sworn personnel are encouraged to attend.
[pic]
MODEL POLICY
POLICE DEPARTMENT GENERAL ORDER
SUBJECT: Reporting Use of Force NUMBER:
EFFECTIVE DATE: REVIEW DATE:
AMENDS/SUPERSEDES:
NOTE: This rule or regulation is for internal use only, and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety of care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this department, and then only in a nonjudicial administrative setting.
I. Purpose
To establish policy and regulations governing the reporting of use of force and deadly force by department members.
II. Definitions
A. Resistance Level I
On occasion, police officers are faced with an uncooperative individual or one who refuses to be placed in custody and other alternatives would be, or have been, ineffective or inappropriate. Incidents of this nature require officers to use sufficient force to make the lawful arrest without unnecessarily aggravating the situation. The object of this level of force is to gain compliance and control while minimizing the risk of injury to the officer, the person being placed into custody, and innocent bystanders.
As shown in Addendum A of General Order [ ], control options could include: body language, verbal persuasion, contact controls, joint restraints, weapon assisted leverage techniques, and nerve center controls.
B. Use of Force Incident – any act or incident resulting from the use of force by a department member, which results in injury, alleged injury, or death to any person. Near-miss incidents involving the use of deadly force are within the scope of this directive.
III. General Policy
It is the policy of the [Department Name] to ensure that all sworn personnel are properly trained and equipped to utilize appropriate and reasonable levels of physical force, as determined by the particular circumstances, in order to protect the public safety.
A. As part of this process, the Department requires a LEVEL I Use of Force Report from any officer who uses physical force to over come a subject’s resistance, which meets or exceeds the behavior identified in General Order [ ], Section IV.B. Resistance Level I or greater, and LEVEL II Use of Force Reports for use of force incidents, which result in injury, alleged injury, or death. In addition, the Department will require officers to report the display of firearms in situations where officers may determine it necessary to ready a weapon for imminent use and the weapon is displayed to a suspect during the incident.
B. The Use of Force Reports will be used to assist in identifying and equipment needs. The reports will also provide for the immediate documentation of the force used so that should a complaint be filed, the pertinent facts would be readily available.
C. After a use of force incident, the officer’s initial actions will address the medical needs, if any, of the suspect involved. If, in an officer’s opinion, a prisoner needs medical attention, or at the request of the prisoner, the officer shall contact a supervisor who shall either authorize the transportation of that prisoner or arrange for the transportation of the prisoner to a medical treatment facility. If the officer is in doubt as to the necessity of medical treatment, the prisoner will be transported, by appropriate means, for medical evaluation of his/hers condition.
Nothing in this section shall preclude the immediate application of emergency life saving measures of summoning of emergency medical assistance, if required, prior to notification of a supervisor.
D. Off-duty officers involved in the use of force situations are subjects to the same reporting procedures as on-duty officers. When an off-duty officer is involved in a use of force situation, he/she shall notify an on-duty supervisor immediately.
IV. Procedure for Level I Reporting
A. Officers are required to complete the LEVEL I Use of Force Report in the following circumstances:
1. When an officer applies physical control holds, compression, or pain, inducing techniques to make an arrest; and
2. No complaint of physical injury is made by the suspect or observed by the officer;
3. Anytime a weapon is made ready for imminent use and is displayed to a suspect during the course of an incident (this includes weapons displayed to persons later determined not to be suspects, i.e., store owners, employees of a business, etc., which are present at a scene and not readily discernible as innocent parties);
B. Immediately following an incident, the officer will notify his/hers immediate supervisor and request a copy of the LEVEL I Use of Force Report form. (See Addendum A)
C. The supervisor will review the circumstances of the incident with the officer involved and any witnesses present at the scene. He/she will note the general condition of the suspect by direct observation.
1. The supervisor may elect to proceed with a LEVEL II Use of Force Report and investigation if he/she deems it necessary.
2. Under no circumstances will a supervisor decline to speak with a suspect regarding a use of force incident.
D. The officer will complete the LEVEL I Use of Force Report Form and return it to the supervisor prior to ending his/hers tour of duty.
E. The supervisor shall review the report form and forward a copy to the following personnel:
1. The Watch Commander (to receive original report);
2. The Deputy Chief, Field Operations (to receive a copy of the report).
3. The Professional Standards Section (to receive a copy of the report).
F. Watch Commander will review the report and indicate if the information reported complies with this order.
The Watch Commander will forward his/hers original copy of the report to the Deputy Chief, Field operations indicating either his/hers concurrence with the supervisor’s assessment or a recommendation for further investigation.
G. The Deputy Chief, Field Operations will review the initial report and the recommendations of the Watch Commander. The Deputy Chief will indicate his/hers concurrence or recommendation for further action on the original copy of the report and forward it to the Chief of Police.
1. If further investigation is required, the Deputy Chief shall initiate the investigation through the chain of command.
2. The investigation will be conducted in accordance with the procedures defined for LEVEL II reports within this General Order.
H. The Chief of Police will review the completed report and indicate his/hers final approval in the space provided.
I. The original report will then be forwarded to the Professional Standards Section for filing.
V. Procedures for Level II Reporting
A. The officer shall contact his/hers immediate supervisor and advise him/her of the circumstances surrounding the incident. He/she shall also complete the “Officer Record” portion of the LIVEL II Use of Force Report (See Addendum B) and forward it to his/hers supervisor no later than the end of the current shift.
The officer’s supervisor must be notified of all uses of force, and must thoroughly investigate and determine when a formal LEVEL II Use of Force Report is required. If the LEVEL II report is required, the supervisor is responsible for investigating the incident and for completing the Witness Record, Subject Record, and Event Record portions of the report. If the immediate supervisor is unavailable, the report shall be submitted to the Watch Commander.
B. The Watch Commander shall be notified as soon as possible, whenever injuries have been inflicted by a department employee sufficient to cause the injured party to require medical attention.
1. Notification shall be made to an immediate supervisor by the employee involved.
2. In the absence of the Watch Commander (and/or during normal business hours Monday through Friday), the Deputy Chief, Field Operations will be notified.
C. With the consent of the injured party, the Watch Commander shall have photographs taken of the injuries. Officers with visible injuries shall also be photographed.
D. Upon initiation of a LEVEL II Use of Force Report, a supervisor will obtain a Department Complaint Number from the communications section. The complaint will be marked “internal investigation” on the records entry.
1. The Department complaint number will be placed on the upper left corner of the Use of Force Report and serve as the control number.
2. The complaint number will be assigned to the supervisor and all records of the incident will reflect the assigned complaint number.
E. After the LEVEL II Use of Force Report has been completed the original shall be forwarded via the Officer’s Chain of Command, to the Deputy Chief, Field Operations.
F. After review and completion, the Deputy Chief, Field Operations will then forward the original Use of Force Report to the Professional Standards Section.
G. The Professional Standards Section will then review the report and forward it to the Chief of Police.
H. The Chief of Police will review the report and return the original copy to the Professional Standards Section to be logged and filed.
I. If the force is such that the affected individual requires hospitalization, the Watch Commander shall immediately notify the Chief of Police; the Deputy Chief, Field Operations; and the Professional Standards Section, regardless of the hour of the day.
J. If an officer encounters a degree of resistance sufficient to justify a charge of resisting arrest or assault, these charges will be made immediately.
K. It shall be the responsibility of the Professional Standards Section to purge all Use of Force Reports after a period of three years.
VI. Firearms Discharged –Investigative Process
The following procedure will be used to investigate every incident of firearms discharge by a department member except for target practice, hunting, ballistics examination, or other Department training.
A. Involved Officer
1. Whenever a member discharges his/hers firearm, either accidently or officially, he/she shall immediately:
a. determine the physical condition of any injured person and render first aid when appropriate,
b. request necessary medical aid,
c. notify the Dispatcher of the incident and location.
2. The officer shall remain at the scene, unless he/she is injured, until the arrival of the appropriate investigators; however, if the circumstances are such that the continued presence of the officer at the scene may cause a more hazardous situation to develop (violent crowd), the commanding officer at the scene shall have the discretion to instruct the officer to respond to another, more appropriate location.
3. The officer will protect his/hers weapon for examination and submit said weapon to the appropriate investigator.
4. The officer shall, utilizing the Use of Force Report, prepare a detailed report in accordance with Section II of this General Order.
5. The officer should not discuss the case with anyone except:
a. Supervisory and Professional Standards personnel,
b. the officer’s legal counsel,
c. Department psychologist.
6. The officer shall be available at all times for Professional Standards and other administrative interviews and statements regarding the case and shall remain subject to recall to duty at any time.
B. Communications shall:
1. Dispatch medical aid.
2. Notify the on-duty watch commander.
3. Notify the Investigations Division Commander.
C. On-duty Watch Commander shall:
1. Proceed immediately to the scene.
2. Where injury resulted, shall insure the following are notified:
a. Chief of Police,
b. Deputy Chief, Field Operations,
c. Professional Standards Officer,
d. Designated Public Information Officer.
3. Secure the scene.
4. Conduct a preliminary field investigation.
5. Render command assistance to the assigned investigator(s).
6. Assist the involved officer(s).
7. Submit a detailed written report of the results of the investigation to:
a. The Chief of Police,
b. The assigned investigator(s),
c. The Critical Incident Review Board.
D. The Professional Standards Section
1. The Professional Standards Section will conduct an investigation, subordinate to any criminal investigation, to determine:
a. Whether the shooting was:
1) within policy,
2) out of policy,
3) accidental,
4) policy failure.
b. Evaluate training considerations:
1) drawing and exhibiting weapons,
2) firing the weapon,
3) tactics prior to drawing and discharging,
4) tactics during and after discharge.
c. Quality of the supervision prior to, during, and after the shooting incident.
d. The Professional Standards Officer will prepare a detailed report of finding for:
2. The investigation conducted by the Professional Standards Officer is an administrative investigation and as such the officer is required to answer questions pertaining to the circumstances surrounding the incident.
E. Investigation Division
The Investigations Division will conduct a thorough investigation of every shooting by a police officer, which results in injury or death. The investigation shall include the following minimum procedural standards:
1. Proceed to the scene immediately.
2. Assume control of the scene.
3. Where injury resulted, notify the County Prosecuting Attorney’s Office.
4. Examine the weapon(s) of all officers present at the time the shots were fired including secondary weapons and weapons in police vehicles.
5. Secure weapons that may have been fired.
6. Secure samples of spent ammunition.
7. Separate, secure and interview all on-scene witnesses.
8. Photograph the scene.
9. Secure all physical evidence. Have proper medical authorities secure projectiles from the victim’s body.
10. Secure communications tape.
11. Obtain hospital, autopsy, lab, and photographic reports.
12. Before interviewing or requesting written statements of the involved officer(s), the investigator shall advise the officer of his/hers rights (Miranda Warning) in a criminal investigation. The Miranda Warning form will be retained as part of the original report.
13. The Investigation Division shall prepare a detailed report of the investigation and submit same to:
a. the Chief of Police,
b. the County Prosecuting Attorney, and
c. the Critical Incident Review Board.
F. The Critical Incident Review Board
1. The Critical Incident Review Board shall convene and review the circumstances attendant to each discharge of a firearm by a department member. Firearms training, hunting, or ballistic testing are exempt.
2. The Board shall consist of:
a. A Deputy Chief (board chairman),
b. A Watch Commander,
c. The Professional Standards Officer,
d. The Department Armorer,
e. The immediate supervisor of the officer that discharged the weapon, and
f. Two members of the same rank as the officer that discharged the weapon, selected by the officer.
3. The Critical Incident Review Board will evaluate, in explicit and fact-finding fashion, ach aspect of an officer involved shooting. Such evaluation will include:
a. A thorough review of the criminal investigation report;
b. A thorough review of the Professional Standards Report;
c. Hearing of Direct testimony, if necessary, from officers and witnesses.
4. The Critical Incident Review Board will develop findings and make recommendations to the Chief of Police in the following areas:
a. Whether the shooting was within policy, out of policy, or accidental;
b. Tactical considerations;
c. Training considerations;
d. Quality of supervision;
e. Corrective action;
f. The post shooting investigative processes and quality.
VII. Civil Rights Investigation
A. The department will respect the rights of the federal government to conduct an independent investigation to identify any civil rights violations, which may have occurred.
B. The department will not request any of its members who may be the subject of an investigation to confer with federal investigators without advice of counsel.
VIII. Administrative Duty
A. Any officer directly involved in a use of deadly force incident shall be placed in an “administrative assignment” directly upon completion of his/hers preliminary report of the incident. This assignment shall be without loss of pay or benefits, pending the results of the investigation. The assignment to administrative duties shall not be interpreted to imply or indicate that the officer has acted improperly.
B. While on administrative assignment the officer will be available at all times for official departmental interviews and statements regarding the use of deadly force incident, and shall be subject to recall to regular duty at any time. The officer shall not discuss the incident with anyone except the County Prosecuting Attorney, department personnel assigned to the investigation, the officer’s legal counsel, the officer’s psychologist, the officer’s chosen clergy, and the officer’s immediate family.
C. Refer to Department General Order [ ], Clerical Incident, Illness and Injury for additional information pertaining to limited duty assignments for employees involved in a “critical incident”.
IX. Psychological Services for the Officer
A. In all cases where any person has been injured or killed as a result of the use of deadly force by a police officer, the involved officer will be required to undergo an emotional debriefing with a department furnished psychologist within five working days of the incident. The purpose of this debriefing will be to allow the officer to express his/hers feelings and to deal with the moral, ethical, and/or psychological after-effects of the incident.
B. The officer will be afforded the opportunity to continue psychological services. These subsequent visits will be the officer’s choosing and shall continue as determined by the psychologist and officer.
C. Department General Order [ ], Clerical Incident, Illness and Injury defines the procedures for referral of employees involved in “critical incidents” to counseling services.
X. Use of Force Report Annual Summary
The Professional Standards Section will be responsible for issuing a summary report on the use of force by Department personnel. The report will be issued annually and contain the following information:
A. Total Level I Use of Force Reports filed;
B. Total Level II Use of Force Reports filed;
C. Number of suspects injured during use of force incidents;
1. Break down of injuries by degree of severity,
2. Age of suspects,
3. Race of suspects,
4. Sex of suspects,
D. Number of officers injured during use of force incidents;
1. Breakdown of injuries by degree of severity,
2. Age of officers,
3. Race of officers,
4. Sex of officers,
E. Breakdown of suspects’ weapons by type;
F. Breakdown of officers’ weapons by type;
G. Civilian complaints filed on unreported use of force incidents;
1. Complaints sustained,
2. Complaints unfounded.
[pic]
Addendum B
LEVEL II Use of Force Report
Chain of Command Routing Slip
_____________________________________ ______________________
Sergeant Date
_____________________________________ ______________________
Lieutenant Date
_____________________________________ ______________________
Captain Date
_____________________________________ ______________________
Deputy Chief/Bureau Commander Date
_____________________________________ ______________________
Professional Standards Officer Date
_____________________________________ ______________________
Chief of Police Date
LEVEL II Use of Force Report
OFFICER RECORD
Department Complaint Number: ________________________
Name: __________________________________________________________________
(Last) (First) (Middle)
Sex: _____ Race ______ Height ______ Weight: _________
Length of Service: ____________ Duty Assignment: _______________________ Status: On-Duty_____ Off-Duty______ Secondary__________________
Uniform _____ Plainclothes ________________
OFFICER INJURY (Check all that apply)
Limb _____ Torso _____ Head/Neck/Face _________ No Apparent Injury ___________
Subject’s Weapon(s): Firearm ________ Flashlight __________ Baton ______
Hands/Feet/Fists/Knees/Elbows _______ Other weapons _________________
Medical Treatment: Yes _____ No _____
SUBJECT INJURY
Name:_________________________________________________________________
Limb _____ Torso _____ Head/Neck/Face _____ No Apparent Injury _____
Officer’s Weapon(s): Firearm _____ Flashlight _____ Baton _____
Hands/Feet/Fists/Knees/Elbows _____ Other weapons __________
Medical Treatment: Yes _____ No _____
SUBJECT #3 INJURY (Check all that apply)
Name: __________________________________________________________________
Limb _____ Torso _____ Head/Neck/Face _____ No Apparent Injury _____
Officer’s Weapon(s): Firearm _____ Flashlight _____ Baton _____
Hands/Feet/Fists/Knees/Elbows_____ Other weapons ___________
Medical Treatment: Yes _____ No _____
Use Department Continuation Form for Officer’s Statement
Page _____ of _____
(Form to be completed by each officer involved)
LEVEL II Use of Force Report
EVENT RECORD
Department Complaint Number: ____________
Related Complaint Number: ___________________
Date of Incident: ___________________________ Time: _________________________
Location of Incident: ______________________________________________________
TYPE OF INCIDENT: Traffic Stop ______________ Disturbance _______
Domestic Violence ________ Narcotics _________
Other (specify) ___________________________________
________________________________________________
Evidence collected: Yes _____ No _____
Number of subjects: _____ Number of witnesses: _____
DSN of Police Officer(s) present: (1) _____ (2) _____ (3) _____
(4) _____ (5) _____ (6) _____
Use Department Continuation Form for narrative portion of report.
Investigation Completed: Yes _____ No _____
_____________________________________________
Investigation Supervisor DSN
_____________________________________________
Date/Time
Investigation Completed: Yes _____ No _____
Hearing Recommended: Yes _____ No _____
Use of Force Justified: Yes _____ No _____
UNABLE TO DETERMINE _________
_____________________________________________
Deputy Chief
Page _____ of _____
(To be completed by Shift Supervisor)
LEVEL II Use of Force Report
SUBJECT RECORD
Department Complaint Number: __________________
Name: __________________________________________________________________
(Last) (First) (Middle)
Address: ___________________________________City:_________________________
State: ___________Phone : (_____) _________________ (_____) __________________
(Home) (Work)
Sex:_____ Race: _____ Date of Birth: ________________ Height: _____ Weight: _____
Impaired by alcohol or drugs: Yes _____ No _____
Unable to determine: _____
Chemical tests administered: Yes _____ No _____ Results _______________________
Describe injury received: ___________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Medical Treatment: Yes _____ No _____
Transported to Hospital: Yes _____ No _____
Method of transport: ___________________________ Ambulance Unit # ____________
Hospital:________________________________________________________________
Attending physician/nurse: _________________________________________________
Photos taken: Yes_____ No ____
Criminal Charges Filed: (1)_____________________________________________
(2) ____________________________________________
(3) ____________________________________________
Court: ___________________________________ Court date _____________________
Subject Statements: (Use Department Continuation Form for the narrative portion of this report.)
Page _____ of _____
(To be completed by Shift Supervisor)
LEVEL II Use of Force report
WITNESS RECORD
Department Complaint Number: _________________________
Name: __________________________________________________________________
(Last) (First) (Middle)
Address:____________________________________ City: _______________________
State: ____________ Phone: (_____) __________________ (_____) ________________
(Home) (Work)
Sex: _____ Race: _____ Date of Birth: _______________ Height: _____ Weight: _____
Department ________________________ DSN __________________ (If witness is a
police officer)
Witness relationship to subject: ______________________________________________
Use Department Continuation Form to obtain witness statement and complete narrative portion of this report.
Page _____ of _____
(To be completed by Shift Supervisor)
MODEL POLICY
POLICE DEPARTMENT GENERAL ORDER
SUBJECT: Anti-Harassment & Discrimination NUMBER:
EFFECTIVE DATE: REVIEW DATE:
AMENDS/SUPERSEDES:
NOTE: This rule or regulation is for internal use only, and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety of care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this department, and then only in a nonjudicial administrative setting.
I. Policy
It is the policy of this law enforcement agency that all employees have the right to work in an environment free of all forms of harassment. This agency will not tolerate, condone, or allow harassment by employees, whether sworn (regular of reserve), civilian, volunteer (including Explorer Scouts) or other non-employees who conduct business with this agency. This agency considers harassment and discrimination of others a form of serious employee misconduct. Therefore, the agency shall take direct and immediate action to prevent such behavior, and to remedy all reported insurances of harassment and discrimination. A violation of this agency policy can lead to discipline up to and including termination, with repeated violations, even if “minor,” resulting in greater levels of discipline as appropriate.
II. Purpose
The purpose of this policy is to maintain a healthy work environment in which all individuals are treated with respect and dignity and to provide procedures for reporting, investigating, and resolving complaints of harassment and discrimination. Federal law provides for the protection of classes of persons based on race, color, sex, religion, age, disability, and national origin. Not protected by federal law but also protected by this policy are persons based on their sexual orientation.
III. Procedures
A. Prohibited Activity
1. No employee shall either explicitly or implicitly ridicule, mock, deride or belittle any person.
2. Employees shall not make offensive or derogatory comments to any person, either directly or indirectly, based on race, color, sex, religion, age, disability, sexual orientation, or national origin. Such harassment is a prohibited form of discrimination under state and federal employment law and/or is also considered misconduct subject to disciplinary action by this agency.
3. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
a. Submission to such conduct is made either explicitly or implicitly a term or condition of employment; or
b. Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee; or
c. Such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile or offensive working environment.
4. Individuals covered under the policy include agency members defined as employees and applicants for employment with the agency, whether sworn, regular, reserve or civilian, and all volunteers including but not limited to Explorer Scouts.
B. Employee Responsibilities
1. Each supervisor shall be responsible for preventing acts of harassment. This responsibility includes:
a. Monitoring the unit work environment on a daily basis for signs that harassment may be occurring;
b. Counseling all employees on the types of behavior prohibited, and the agency procedures for reporting and resolving complaints of harassment;
c. Stopping any observed acts that may be considered harassment, and taking appropriate steps to intervene, whether or not the involved employees are within his/her line of supervision; and
d. Taking immediate action to prevent retaliation towards
e. The complaining party and to eliminate the hostile work environment where there has been a complaint of harassment, pending investigation. If a situation requires separation of the parties, care should be taken to avoid actions that appear to punish the complainant. Transfer or reassignment of any of the parties involved should be voluntary if possible and, if non-voluntary, should be temporary pending the outcome of the investigation.
f. Failure to carry out these responsibilities will be considered in any evaluation or promotional decision and may be grounds for discipline.
2. Each supervisor has the responsibility to assist any employee of this agency who comes to that supervisor with a complaint of harassment in documenting and filing a complaint with the internal investigation authority or other investigatory authority as designated by this agency.
3. Each employee of this agency is responsible for assisting in the prevention of harassment through the following acts:
a. Refraining from participation in, or encouragement of, actions that could be perceived as harassment;
b. Reporting acts of harassment to a supervisor; and
c. Encouraging any employee who confides that he or she is being harassed or discriminated against to report these acts to a supervisor.
4. Failure of any employee to carry out the above responsibilities will be considered in any performance evaluation or promotional decision and may be grounds for discipline.
C. Complaint Procedures
1. Any employee encountering harassment is encouraged to inform the person that his or her actions are unwelcome and offensive. The employee is encouraged to document all incidents of harassment in order to provide the fullest basis for investigation.
2. Any employee who believes that he or she is being harassed shall report the incident(s) as soon as possible so that steps may be taken to protect the employee from further harassment, and so that appropriate investigative disciplinary measures may be initiated. Where doing so is not practical, the employee may instead file a complaint with another supervisor, with the appropriate internal investigation authority or the chief executive officer of the agency.
a. The supervisor or other person to whom a complaint is given shall meet with the employee and document the incident(s) complained of, the person(s) performing or participating in the harassment, any witnesses to the incident(s) and the date(s) on which it occurred.
b. The agency employee taking the complaint shall promptly submit a confidential memorandum documenting the complaint to the appropriate investigative authority.
3. The internal investigative authority shall responsible for investigating any complaint alleging harassment or discrimination.
a. The internal investigation authority shall be immediately notify the chief executive officer and the prosecutor’s office if the complaint contains evidence of criminal activity, such as battery, rape or attempted rape.
b. The investigator shall include a determination as to whether other employees are being harassed by the person, and whether other agency members participated in or encouraged the harassment.
c. The internal investigative authority shall inform the parties involved of the outcome of the investigation.
d. A file of harassment and discrimination complaints shall be maintained in a secure location. The chief executive officer shall be provided with an annual summary of these complaints.
4. There shall be no retaliation against any employee for filing a harassment or discrimination complaint, or for assisting, testifying or participating in the investigation of such a complaint.
5. The complaining party’s confidentiality will be maintained throughout the investigatory process to the extent practical and appropriate under the circumstances.
6. Complainants or employees accused of harassment may file a grievance/appeal in accordance with agency procedures when they disagree with the investigation or disposition of a harassment claim.
7. This policy does not preclude any employee from filing a complaint or grievance with an appropriate outside agency.
D. Retaliation
1. Retaliation against any employee for filing a harassment or discrimination complaint, or for assisting, testifying or participating in the investigation of such a complaint, is illegal and is prohibited by this agency and by federal statutes.
2. Retaliation is a form of employee misconduct. Any evidence of retaliation shall be considered a separate violation of this policy and shall be handled by the same complaint procedures established for harassment and discrimination complaints.
3. Monitoring to ensure that retaliation does not occur is the responsibility of the chief executive officer, supervisors and the appropriate internal investigative authority.
MODEL POLICY
POLICE DEPARTMENT GENERAL ORDER
SUBJECT: K-9’s NUMBER:
EFFECTIVE DATE: REVIEW DATE:
AMENDS/SUPERSEDES:
NOTE: This rule or regulation is for internal use only, and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety of care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this department, and then only in a nonjudicial administrative setting.
I. PURPOSE
The purpose of this policy to provide guidelines for the management of the department's canine unit and use of police canines in field operations.
II. POLICY
Because of a superior sense of smell and hearing and potential aggressiveness, the trained law enforcement canine is a valuable supplement to police manpower. However, utilization of canines requires adherence to procedures that properly control their use of force potential and that channel their specialized capabilities into legally acceptable crime prevention and control activities.
III. DEFINITION
Canine Team: An officer handler and his assigned police canine.
IV. PROCEDURES
A. Canine Unit Utilization
1. Canine teams are available on a 24-hour, on-call basis to conduct building searches for offenders in hiding; assist in the arrest or prevent the escape of serious or violent offenders, protect officers or others from death or serious injury; track suspects, or locate lost or missing persons, hidden instrumentalities or evidence of a crime; and detect the presence of concealed narcotics or explosives.
a. Canine teams should not be used to respond to minor complaints but may engage in assignments not listed here with the approval of the canine unit supervisor or watch commander.
2. Canine handlers are responsible for determining whether a situation justifies canine use and the appropriate tactical measures that should be taken. Where the on-scene supervisor disagrees with the handler's tactical assessment, the canine unit supervisor shall be notified. Where time does not permit such notification,
the directions of the on-scene supervisor shall be followed.
a. Police canines shall not be handled or given commands by anyone other than the assigned handler. Should the assigned handler be injured or otherwise unable to command the canine, another canine handler shall be contacted for assistance.
3. Canine team assistance shall be requested from patrol officers through an immediate supervisor to the communications center. Communications center personnel shall forward requisite information concerning the incident to the canine unit supervisor or an available canine handler.
B. Unit Qualifications and Training
1. Applicants for the police canine unit must have
a. At least three years of uniform patrol experience with satisfactory work performance, disciplinary and medical leave records;
b. a willingness to remain with the unit for at least five years;
c. a willingness (together with other family members) to care for and house the canine at the officer's residence with a secure outdoor area for the canine that conforms with departmental requirements;
d. a strong desire to work with canines and willingness to care for and train the animal; and
e. the ability to pass designated physical fitness and agility tests related to the tasks of canine handling.
2. The commander of the special operation's division and the canine supervisor shall be responsible for selection of canine handlers in accordance with established departmental procedures.
3. All departmental canines must meet established department certification requirements. Untrained canines may not be used for canine duty.
4. New canine handlers must complete the prescribed canine training course and successfully meet all course requirements.
5. Canine handlers are required to demonstrate acquired abilities to the canine supervisor on a periodic basis as prescribed in departmental regulations.
C. Canine Bites and Injuries
Use of specially trained police canines for law enforcement responsibilities constitutes a real or implied use of force. In this as in other cases, officers may only use that degree of force that reasonably appears necessary to apprehend or secure a suspect as governed by the department's use of force policy. In all instances where a canine is deployed in a tactical situation, a canine incident report shall be submitted. Whenever a canine bites an individual, whether or not in the line-of-duty, the handler shall:
1. summon a supervisory officer to the scene,
2. examine the affected area to determine the seriousness of the bite or injury;
3. obtain medical treatment for the person- medical personnel should examine the affected area irrespective of the perceived seriousness of the bite or injury;
4. take color photographs of the affected area if possible prior to and following medical treatment; and
5. complete a use of force report whenever it has been alleged that a canine has bitten or otherwise injured an individual. The report must detail the circumstances surrounding the incident, the identity of the individual involved and any witnesses, the extent of injuries if known, and measures taken in response to the incident. The original report shall be filed in accordance with the department's use of force policy.
D. Building Searches for Suspects in Hiding
A primary use of departmental canines is for locating suspects in buildings or related structures where search by officers would create an unnecessary risk. These searches shall be governed by the following:
1. The building perimeter shall be secured by patrol personnel.
2. Whenever possible, the building's owner should be contacted to determine whether there may be tenants or others in the building and to ascertain the building's layout.
3. When a canine building search is anticipated, a preliminary search by officers should not be conducted, as this will interfere with the canine's ability to discriminate scents.
4. The on-scene supervisor shall also take the following steps in preparation for the canine search:
a. Evacuate all tenants, workers or others from the facility.
b. Request that all air conditioning heating or other air-blowing systems be shut off so as not to interfere with the canine's scent.
5. Upon entrance to the building all exits should be secured, and communications limited to those of a tactical nature.
6. The canine should be unleashed during a building search unless there is an imminent risk of injury to innocent persons within the facility.
7. The canine should not be used to search facilities that contain substances potentially harmful to the animal unless overriding risk to human life is present.
8. Before commencing the search, the handler or other appropriate personnel shall loudly announce and repeat the statement that there are police officers on the premises and that a trained police canine will be released if the individual does not surrender. A reasonable amount of time shall be allowed for the suspect to respond. This warning shall be repeated on each level of all multilevel structures.
9. When apprehending suspects in these or related circumstances, canines shall be commanded to disengage as soon as the suspect is subdued or readily complies with officer direction.
10. Arrestees shall not be transported in the same vehicle with a law enforcement canine unless alternative transportation is not available and immediate transport is essential for safety or security reasons.
E. Crowd Control
1. Canine teams shall not be used for crowd control at peaceful demonstrations
2. Canine teams may be used for crowd control upon approval of the watch commander to protect life or property during a riot or other major unauthorized gathering that cannot be controlled by other means. In these situations, canines shall
a. be short leashed at all times unless no other means are available to protect an individual from serious injury; and
b. not initiate any offensive action, unless to guard against imminent loss of life or serious bodily injury.
F. Drug Detection
Use of police canines in a drug detection capacity is authorized in the following situations and under the following conditions:
1. The canine unit supervisor shall maintain records that document the use and the proficiency of individual canines in drug detection. This documentation shall be readily available to canine officers and others who may need it when seeking warrants.
2. Random exploratory sniffing of luggage, packages or other inanimate objects may be conducted in public facilities such as airports, train stations, bus or marine terminals, as authorized by the canine unit supervisor or other authorized command officer.
a. Exploratory sniffing in these facilities shall be confined solely to those areas open to the general public and, whenever possible, with advance knowledge and consent of the appropriate facility manager
b. Exploratory sniffing shall be conducted without interference or annoyance to the public or interruption of facility operations.
3. Canine sniffs conducted in areas restricted to the public, such as baggage staging areas, are considered searches and may be conducted only with reasonable suspicion or probable cause to believe that specific items contain illegal narcotics.
4. Field officers may detain specific checked luggage or related items for purposes of requesting a canine sniff if reasonable suspicion exists but may not detain the items so long as to interfere with the owner's scheduled travel.
a. When a drug detection canine alerts to luggage or related items, in this or other circumstances, a warrant or consent to search must be obtained before it is opened unless exigent circumstances exist to conduct an on-site search.
5. Sniffing of an individual's person is permitted in all circumstances only when there is reasonable suspicion to believe that the individual is in possession of illegal narcotics.
6. The use of drug detection canines in public schools is permitted only when
a. the school's principal or designated authority requests or approves use of the canines;
b. there is reasonable suspicion to believe that illegal narcotics are being distributed and/ or consumed on the premises such that the interests of the school are being unacceptably compromised; and
c. the search is limited to inanimate objects in public areas and the exterior of student lockers unless reasonable suspicion exists to gain admission to lockers and related areas where there is a reasonable expectation of privacy.
7. Sniffs of the exterior of residences - either individual dwellings or the common areas of multiple unit dwellings - are not permitted without a search warrant.
8. Drug-sniffing canines may be used to sniff motor vehicles when:
a. reasonable suspicion exists to believe the operator or passengers are in possession of illegal narcotics; or
b. during a valid vehicle stop, the canine is used to sniff the vehicle's exterior in an exploratory manner. Unless the canine alerts to the vehicle, the operator may not be detained longer than necessary to conclude the business associated with the initial stop.
G. Tracking
Police canines are available with supervisory approval to track missing persons or suspects, or to locate evidence that the supervisor has reason to believe has been abandoned or hidden in a specified open area. Such searches are subject to the following conditions and limitations:
1. When officers are pursuing suspects and contact with the suspect is lost, the officer, prior to summoning a canine team shall:
a. stop and pinpoint the location where the suspect was last seen;
b. shut off engines of vehicles in the area if possible; and
c. avoid vehicle or foot movement in the area where the suspect or subject was last seen.
2. Canines used for tracking persons should remain on a leash of sufficient length to provide a reasonable measure of safety to the subject of the search without compromising the canine's tracking abilities.
3. Canine teams should not be used to locate small children unless there is a reasonable suspicion of foul play or a belief that serious bodily harm or death will occur if the child is not located immediately. Where the use of a canine is deemed necessary, the risks of attack to the subject shall be explained to the parents or next of kin and their approval obtained to use the dog.
4. Canine teams should not be used to apprehend anyone suspected to be under the influence of drugs or alcohol if no other crime is involved, or the mentally disturbed if no crime is involved.
5. On-scene supervisory personnel shall
a. secure the perimeter of the area to be searched;
b. secure the integrity of the area to be searched by keeping all personnel out of the area; and
c. protect all items of clothing that will be used for scent from being handled.
H. Canine Use and Care
1. Police canines shall not be used for breeding, participation in shows, field trials, exhibitions or other demonstrations, or for off-duty employment unless authorized by the canine supervisor or the patrol operations commander.
2. Canine handlers are personally responsible for the daily care and feeding of their animal to include:
a. maintenance and cleaning of the kennel and yard area where the canine is housed;
b. provision of food, water and general diet maintenance as prescribed by the department authorized veterinarian;
c. grooming on a daily basis, or more often as required by weather, working conditions or other factors;
d. daily exercise (police canines are not permitted to run at large); and
e. general medical attention and maintenance of health care records.
3. Where the handler is unable to perform these and related duties due to illness, injury or leave
a. another canine handler may be assigned to temporarily care for the dog; or
b. the canine may be housed in a departmentally approved kennel when the handler is unavailable.
4. Teasing, agitating or roughhousing with a police canine is strictly prohibited unless performed as part of a training exercise.
5. Handlers shall not permit anyone to pet or hug their canine without their prior permission and immediate supervision. Should a civilian express a desire to do so, he should be informed that police canines are serious working dogs and that they can be dangerous if improperly approached.
6. A canine handler may apply to take possession of his dog where
a. the dog is retired from duty or relieved due to injury; or
b. the handler is transferred, promoted or retires and a decision is made not to retrain the dog for another handler.
MODEL POLICY
POLICE DEPARTMENT GENERAL ORDER
SUBJECT: Motor Vehicle Stops NUMBER:
EFFECTIVE DATE: REVIEW DATE:
AMENDS/SUPERSEDES:
NOTE: This rule or regulation is for internal use only, and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety of care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this department, and then only in a nonjudicial administrative setting.
I. Purpose
It is the purpose of this policy to establish guidelines for stopping and approaching motorists in a manner that promotes the safety of the officer and the motorist.
II. Policy
Although stopping motorists on the highway for traffic violations or other purposes is often considered a routine function of patrol officers, it is one that has been demonstrated to be potentially dangerous for both officers and motorists even during apparently “routine” situations. Therefore, it is the policy of this department that motor vehicle stops shall be performed professionally and courteously, and with a view towards educating the public about proper driving procedures while consistently recognizing and taking the necessary steps to minimize the dangers involved in this activity for the officer, the motorist and other users of the highway.
III. Procedures
A. Stopping and Approaching Traffic Violators
The following procedures are to be followed whenever possible. It is recognized that varying conditions such as roadway construction, volume of traffic, and the urgency of making vehicle stops may require officers to adjust these procedures to particular conditions.
1. Officers shall perform vehicle stops only when they have articulable reason to do so.
2. Once an initial decision has been made to stop a motorist, the officer shall select an area that provides reasonable safety, avoiding curves, hills, heavily trafficked and poorly lit areas and roads without shoulders. Whenever possible, the officer shall also avoid the use of private drives, business locations and areas where a large volume of spectators are likely to gather.
3. When a location has been selected for the stop, the officer shall notify the communications center of its nature providing unit location, a description of the vehicle, vehicle tag number and the number of occupants. At the officer’s discretion or dispatcher’s request, additional information may be exchanged.
4. At the desired location, the officer should signal the operator to stop at the far right side of the roadway or at the safest shoulder by activating the overhead emergency lights and siren as necessary.
a. On multi-lane roads, the officer may facilitate movement to the right shoulder by gradually changing lanes behind the violator until the right side of the roadway is reached.
b. Should the violator stop abruptly in the wrong lane or location, the officer should instruct him to move by using the appropriate hand signals or by activating the vehicle’s public address system.
5. Once properly stopped, the officer should position the police vehicle about one-half to one car length behind the violator’s vehicle and at a slight angle, with the front approximately 2 feet to the traffic side of the violator’s vehicle.
a. At night, the spotlight should not be used to direct the violator but may be used to illuminate the vehicle’s interior once stopped. The patrol vehicle should use its low beams if high beams would blind oncoming motorists.
6. When exiting the patrol vehicle, the officer should be particularly alert to suspicious movements or actions of the vehicle operator or passengers.
7. Approaching from the driver’s side, the officer should be observant of the passenger compartment and stop at a point to the rear of the trailing edge of the left front door in order to communicate with the driver.
a. Where circumstances dictate, particularly where traffic is close enough to create a potential problem, the officer may choose to approach the violator’s vehicle from the right-hand side and stop at the trailing edge of the right front door.
b. When the violator’s vehicle has occupants in the rear seat, he officer should approach to a point near the leading edge of the left front door, being particularly observant of occupant movements and choosing a path that will not allow the occupants to thrust the door open against the officer.
c. In two-officer police vehicles, the passenger officer shall be responsible for radio communications, note taking and relaying messages to the communications center. He will also act as an observer and cover for his fellow officer.
8. Nonuniformed officers operating unmarked patrol vehicles with concealed emergency lights and siren shall not normally make vehicle stops for traffic violations. In situations where failure to act would create unreasonable risks of injury, death or significant property damage, such personnel shall contact the communications center to request a marked patrol unit to make the stop and may, depending upon the urgency of the situation, activate emergency lights and siren to make a traffic stop.
9. Nonuniformed officers operating vehicles not equipped with emergency lights or siren shall not make motor vehicle stops unless there is imminent danger of loss of life should they fail to act. In other less urgent cases that demand attention, officers shall contact the communications center, request that a marked patrol vehicle perform the stop, and assist in directing the marked unit to the subject vehicle’s locations.
B. Issuing Citations
1. When issuing citations, conducting roadside sobriety tests or conversing with the violator, the officer and other parties shall be positioned to the side of the road, clear of the motor vehicles. At no time shall the officer or others stand in front of, between or behind the stopped vehicles.
2. During the stop, the violator should remain in his motor vehicle while the officer writes the citation or conducts other business. Violators should not be permitted to sit in patrol vehicles while citations are being prepared or other police business is being conducted.
3. When preparing citations, the officer should position paperwork and related materials in a manner that allows him to maintain vantage over actions of the violator and other occupants.
C. Stopping an Approaching Motorist
In cases where a motorist must be stopped from oncoming traffic, the following actions may be taken:
1. Drive the police vehicle to the extreme right portion of the roadway and, as the violator approaches, signal him to stop by using hand signals and emergency lights.
2. Because of the potential hazard involved, an officer shall not leave his vehicle when attempting to stop oncoming motorists.
3. If the subject motorist complies with the instructions, the police vehicle may then be turned around and appropriately positioned to the rear of the violator’s vehicle.
4. Should the motorists fail to comply with the officer’s instructions, the officer should turn the vehicle around and pursue, stop and approach the violator in the prescribed manner.
D. Stopping a Following Violator
When stopping a motorist to the rear of the police vehicle, the following procedures may be followed:
1. The officer should drive to the right shoulder of the road and, as the violator approaches, signal him to stop.
2. The officer should not exit his vehicle in order to signal the subject motorist.
3. Should the motorist fail to comply, the officer should return to the roadway and stop and approach him in the prescribed manner.
E. Making High-Risk Vehicle Stops
The following procedures may be employed when an officer initiating a vehicle stop has reason to believe that the occupants may be armed and dangerous:
1. When planning to stop the suspect vehicle, the officer shall notify the communications center; describe the nature or reason for the stop; provide information on the vehicle, tag number and number of occupants; and request appropriate assistance to make the stop.
2. An officer should not individually initiate high-risk vehicle stops unless back-up units will not be available in an appropriate amount of time or the urgency of the situation demands immediate action.
3. After selecting an appropriate location and with adequate support units in position, the officer should signal the suspect to stop.
4. Officers should position their vehicles approximately 30 feet behind the suspect vehicle, in positions that will maximize opportunities for cover and in a manner that will illuminate the interior of the vehicle to the occupants’ disadvantage.
5. The officer initiating the stop, or the officer with the best observation point, should issue verbal commands to vehicle occupants through the vehicle’s public address system, if available. Only one officer shall issue commands.
6. Once the suspect vehicle has stopped, officers should exit their vehicles quickly and assume positions of cover.
7. The officer in charge shall first identify himself and then notify the occupants that they are considered to be armed and dangerous, that all occupants of the vehicle are under arrest and that all instructions are to be followed without hesitation or suspicious movements.
8. The operator of the suspect vehicle should be ordered in separate commands to do the following: lower his window, remove the ignition keys with his left hand, drop them on the ground, open the door from the outside, step out of the vehicle, turn completely around, face away from the officers, walk backward until commanded to stop and lie face down on the ground with hands stretched far to the sides. Subsequent occupants should be similarly commanded until all are position to be handcuffed and searched.
9. With appropriate cover, officers should then approach the suspect vehicle to inspect the passenger compartment and trunk.
F. Stopping Oversize and Overweight Vehicles
In the event an officer needs to stop commercial and similar oversize or overweight vehicles, the following procedures should be followed:
1. Select a location for the stop that provides enough room for the vehicle and sufficient stability to support the vehicle’s weight, and allow the operator sufficient time and distance to make the stop.
2. Approach the cab from the rear, using driver’s outside mirror to observe the driver and activity in the cab.
3. Never climb onto the vehicle to make contact with the operator. Maintain a position to the rear of the driver’s door and ask him to exit the vehicle, if and when necessary.
MODEL POLICY
POLICE DEPARTMENT GENERAL ORDER
SUBJECT: Pursuit Driving NUMBER:
EFFECTIVE DATE: REVIEW DATE:
AMENDS/SUPERSEDES:
NOTE: This rule or regulation is for internal use only, and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this department, and then only in a nonjudicial administrative setting.
I. Policy
All personnel operating department vehicles in pursuit situations shall exercise due regard for the safety of all persons. No task, call, incident, or pursuit justifies disregard of public safety. Further, the public experts its police officers to demonstrate exemplary driving behavior. All department personnel who operate police vehicles will comply with safe driving procedures outlined herein with particular attention to engaging in pursuits. Emergency warning devices, both visual and audible, shall be used consistent with state and local statute requirements.
II. Responsibilities
A. Primary officer
1. Safe operation of vehicle.
2. Notify dispatch of pursuit, direction, location and reason for initiation.
3. Terminate pursuit when based on conditions known to officer would lead a reasonable person to believe the level of danger to the community outweighs the necessity of immediate apprehension of the suspect.
4. Complete reports as required.
B. Supervisor
1. Monitor and supervise progress of the pursuit. The supervisor must specifically authorize in a timely manner the continuation of the pursuit. Lacking such authorization, the pursuit must be terminated.
2. Respond to the pursuit when practicable, but must respond to scene of arrest.
3. Require pursuit to be terminated when such pursuit does not meet the requirements of this General Order. To include, but not to be limited to, the pursuit for a minor traffic infraction, or when the danger to the community outweighs the necessity of immediate apprehension.
4. Limit the number of vehicles in the pursuit to a primary and a secondary unit. The secondary unit shall be assigned by the supervisor. Additional support vehicles may be assigned at the discretion of the supervisor.
5. Submit a written statement as to the actions of his subordinates/self during the pursuit. This statement shall include an opinion as to adherence to this General Order and recommendation for discipline/remedial training as required.
C. Secondary officer
1. Operate vehicle in safe manner.
2. Follow in trace of primary officer at sufficient distance so as to maintain visual contact but not so close as to create a hazard.
3. Provide on-going information to the dispatcher such as direction of travel or other conditions as required.
4. Assist in the arrest of the suspect when the pursuit is ended.
5. Terminate the pursuit when directed or when, in his opinion, the danger to the community outweighs the necessity of immediate apprehension of the suspect. Such action shall be transmitted to the dispatch.
D. Dispatch
1. Order the police radio cleared of all but emergency traffic.
2. Notify the on-duty supervisor of the pursuit.
3. Assist, as indicated by the supervisor, in directing the secondary unit to the pursuit.
4. Alert all nearby agencies of the pursuit and in anticipation of leaving city limits pass along necessary information to these agencies.
III. Use of Emergency Warning Devices
All Vehicles involved in the pursuit will have their emergency lights and siren activated during the pursuit as set forth by RSMo 304.022.
IV. Tactics
A. Participating the pursuit route will not be allowed by other police units.
B. Units involved in a pursuit shall not attempt to pass any other unit(s), unless requested to do so by the primary units.
C. On divided highways the pursuing officer shall not operate their vehicles against the flow of traffic.
V. Use of Force
A. Officers shall not ram, bump, or collide with a fleeing vehicle nor shall officers pull alongside such vehicles in an attempt to force them off the road or into an obstacle.
B. Pursuits shall be limited to two police vehicles, a primary and a secondary. Other police vehicles shall not leave their assignments to join the pursuit. Additional units may participate, but only under the direction of the on duty supervisor (if available) or the senior officer.
C. Officers shall not discharge a firearm at or from a moving vehicle, except as the ultimate measure of self-defense, or defense of another when the suspect is using deadly force by means other than the vehicle.
D. Only in the case of suspected fleeing felons whose escape poses a danger to life may officers set up stationary or rolling roadblock. The decision to erect a roadblock may only be made by the on duty supervisor (if available) or the senior officer. The decision to erect a roadblock must consider:
1. The safety of the officers.
2. The risk of physical injury to the occupants of the pursuit vehicle.
3. The protection of citizens and their property.
4. A stationary roadblock must be clearly visible at a distance sufficient to enable approaching vehicles to stop safely. The officer in charge of the roadblock shall notify the dispatcher of its precise location. This department stresses that roadblock constitute a last resort in stopping a fleeing violent felon.
VI. Evaluation of Factors Governing Initiation/Termination of Pursuit
A number of circumstances shall be considered. You will abandon the pursuit whenever the risks to the officer or the safety of others outweigh the danger to the public if the suspect is not apprehended. Circumstances include, but not limited to:
A. Nature of violation
B. Time of day
C. Light conditions
D. Weather conditions
E. Road conditions
F. Traffic conditions
G. Condition of emergency vehicle
H. Familiarity of area
I. Non-police personnel present in emergency vehicle
J. Ability to identify suspect and/or suspect vehicle
K. Performance capabilities of emergency vehicle
VII. Interjurisdictional Pursuits
Develop and include a section within this policy on interjurisdictional pursuits. This section must address the policies, procedures and tactics an officer must follow when engaging in an interjurisdictional pursuit. Reference should be made to the appropriate state statute and any city ordinances that may apply. Include definitions of an “emergency situation”, “response”, “fresh pursuit” and address how decisions are made to engage in an interaction with other law enforcement agencies that may be involved.
VIII. Vehicle Requirements
A. Vehicles – If the pursuit was initiated by a two or three wheel motorcycle or an unmarked unit, that unit shall abandon the pursuit when a four wheel marked unit joins the pursuit.
B. Vehicle performance capabilities can be a factor.
C. Know officer performance.
D. Know maximum capacity on speed limit.
E. Use of seat belts is mandatory in all driving situations by vehicle occupants.
F. Successfully terminated high-speed pursuits will be treated as a felony car stop.
IX. Report and Review Process
It shall be the responsibility of the primary officers to write a concise and detailed report of the pursuit. This report shall be written as soon as practical and turned into the immediate supervisor before the end of watch unless otherwise approved by a supervisor. All pertinent reports on the pursuit shall be made available to a review board. This review board shall be appointed by the Chief of Police or his designated officer. The review board shall include the Training Officer. This board shall interview the principal officer on his/her role in the pursuit and conformity to departmental policy and procedures. The finding of the review board shall be reduced to writing and submitted to the Chief of Police along with their recommendations. The Chief of Police shall review all reports and recommendations. The Chief of Police shall then take any and all actions he/she considered appropriate in accordance with city policy.
INTERJURISDICTIONAL PURSUITS
A. DEFINITIONS
1. EMERGENCY SITUATIONS – Any unforeseen combination of circumstances or events involving danger or imminent danger to human life or property, which requires immediate action.
2. RESPONSE – The authority to respond to an emergency situation outside the boundary of the political subdivision from which an officer derives his authority.
3. FRESH PURSUIT – The pursuit of a person who has committed a felony or is reasonably suspected of having committed a felony in this state, or who has committed or attempted to commit in this state a criminal offense or violation of municipal or county ordinance in the presence of the arresting officer or for whom such officer holds a warrant of arrest for a criminal offense. It shall include also the pursuit for a person suspected of having committed a supposed felony in this state, though no felony has actually been committed, if there is reasonable grounds for so believing.
B. PURSUITS FROM YOUR ENTITY INTO ANOTHER JURISDICTION
1. Interjurisdictional pursuits shall be conducted in accordance with RSMo. 70.820 and RSMo. 544.157 and the guidelines established in this procedure governing vehicle pursuits.
2. Any peace officer of the (your law enforcement agency) in fresh pursuit shall have the authority to pursue a suspect into another jurisdiction or city.
3. Any peace officer of the (your law enforcement agency) shall have the authority to “respond” to an “emergency situation” outside of (your city/county limits).
4. The law enforcement agency of the jurisdiction affected by the pursuit will be notified as quickly as possible and requested to assist with the pursuit.
C. PURSUITS FROM OTHER JURISDICTIONS ENTERING YOUR JURIDSICTION
If a pursuit conducted by the law enforcement agency of another jurisdiction enters the city/county, the following procedures will be followed:
1. The on-duty supervisor will attempt to determine why the vehicle is being pursued and what assistance is requested by the pursuing agency.
2. If after evaluating all known facts and the significant facts set forth in this procedure, the on-duty supervisor determines that a pursuit into the city/county initiated by another agency is a detriment to public safety, no pursuit will be conducted by (your law enforcement agency). Under such circumstances, backup will be provided only at the point where the pursuit has been discontinued or successfully terminated.
3. If the officer jurisdiction requests this department to assist in the pursuit. The supervisor will evaluate the significant factors set forth in this procedure and the known circumstances as provided by the other agency and determine a response.
4. If a pursuit is authorized, continuance or termination of the pursuit will be determined by the supervisor as set forth in section subsection , of this procedure.
MODEL POLICY
POLICE DEPARTMENT GENERAL ORDER
SUBJECT: Ride Along Program NUMBER:
EFFECTIVE DATE: REVIEW DATE:
AMENDS/SUPERSEDES:
NOTE: This rule or regulation is for internal use only, and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety of care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this department, and then only in a nonjudicial administrative setting.
I. Purpose
The purpose of this policy is to provide guidelines for law enforcement officers in allowing certain citizen’s the ability to ride along with officers from the patrol division.
II. Policy
Law enforcement agencies provide a valuable service to the public they serve. Patrol Officers are a vital part of this service and regularly encounter a number of situations requiring disciple, competence and problem solving abilities. In an effort to encourage greater understanding between the public and the role of officers of this agency and accountability to the community through openness of our patrol activities this department will allow under strict guidance non-departmental persons to observe officers as they perform their duties.
III. Responsibilities
It shall be the responsibility of all officers to read, understand, know and abide by this policy
IV. Procedures
1. Minimum Requirements for Eligibility in the Ride-Along Program.
a. The individual must be at least 18 years of age, a citizen of he United Sates of America, who has no felony conviction and is generally in good physical health, with no disabilities or injuries that would prevent them from being able to run if needed.
b. The individual must complete in full and sign in the presence of a department employee an application for the ride-along program and a release, prior to each ride-along.
c. The individual must have a criminal history and Department of Revenue driving record check performed and attached to the application for the ride-along program. The individual must have no previous felony convictions and shall not be charged with or under indictment for any felony or serious misdemeanor.
d. The individual must show a photo identification that is issued by a state or federal government agency and must provide a valid physical address that can be verified.
2. Limitations of Ride-Along Program:
a. Civilians in the ride-along program shall be limited to participation in a ride- along no more than three times per year and no more than one time in any thirty-day period.
(1) News media personnel will not be limited on the number of times they are allowed to ride; however, all news media ride-along events must receive prior approval from the Police Chief or Sheriff.
(2) Law enforcement officers from other jurisdictions will not be limited to the number of times they participate in the ride-along program: however, each instance must receive prior approval per this policy.
(3) Other Public Entity employees will not be limited in the number of times they may participate in the ride-along program; however, each instance must receive prior approval.
(4) College students participating in an internship program will not be limited in the number of times they may participate as a ride-along; however, each instance must receive prior approval.
b. Female participants will only be allowed to ride with female officers. Male participants will only be allowed to ride with male officers.
3. Approval Process:
a. Upon all of the minimum qualifications being met and the application and liability waiver being signed by the participant, and appropriate background checks being made; the entire packet will be sent to the Patrol Captain for review.
b. The Patrol Captain will then review the application and all appropriate background information including prior driving record and shall make a recommendation, based solely on his absolute discretion, as to whether the ride-along event is approved or denied. Upon making his recommendation, the Patrol Captain shall submit a copy of the application and all other applicable documentation to the Police Chief or Sheriff for final approval, or authorization to deny a request.
c. The applicant must submit an application at least one week prior to the time they desire to ride-along. The Captain should make notification by phone to the applicant as soon as possible after the Police Chief or Sheriff has made a final determination, in their absolute discretion on whether a ride-along event is approved or denied.
4. Ride-Along Dress Procedure:
a. All participants in the ride-along program will wear casual slacks or neat jeans, and a shirt with a collar. Dresses, skirts, T-shirts, shorts, sweats, or any article of clothing displaying any rude or offensive logos are expressly prohibited. Shoes should be comfortable with a non-slip type of sole. (No high heels.) All tattoos will be completely covered.
b. Participants will prominently display their issued ID card at all times while participating in the ride-along. Officers from other law enforcement agencies shall not display any article that identifies them as a law enforcement officer, and in all cases, no weapon shall be displayed. (Officers from other divisions and other agencies will be allowed to carry weapons at the discretion of the Police Chief or Sheriff; however, it must in all cases be concealed completely.)
c. Participants in the ride-along program should bring with them appropriate protective clothing for applicable weather conditions.
5. Ride-Along Procedure:
a. The Captain will leave the ID card for the ride-along participant with the shift supervisor prior to the shift that the individual will be riding. The participant shall normally report to the patrol room of the department prior to the beginning of the entire shift. (This to cause as little inconvenience as possible to patrol personnel; exceptions to this will be evaluated on a case-by-case basis.) The shift supervisor will determine if the participant will be allowed in the pre-shift briefing. The shift supervisor will also make the final determination of who the participant will ride with.
b. The participant will not represent themselves as law enforcement in any form, either verbally or visually.
c. The host officer shall notify communications that they have a civilian rider when they go in service any time they have a participant riding with them.
d. The participant will at all times obey the commands and/or directives of the host officer and all officers of this agency. The participant will not use the radio, except in cases of extreme emergency. (Commissioned employees and dispatchers may use the radio at the discretion of the host officer.) The host officer will determine when a participant is allowed to exit the vehicle in instances such as traffic stops or calls for service.
e. The host officer shall have the authority to suspend a ride-along at any time, and transport the participant back to the Department. The officer shall notify the shift supervisor at the earliest possible convenience if this is the case.
f. Participants shall not bring or use any video or audio recording device and shall submit to reasonable searches for such items and/or weapons. (News Media may bring recording devices upon prior approval of the Police Chief or Sheriff).
g. Participants shall not become directly involved in any law enforcement activity unless specifically requested to do so by the host officer or in cases of extreme emergency, at their own discretion.
h. Officers who are on probation as an initial hire or on probation for disciplinary reasons will not be allowed to have a participant ride with them in the ride-along program. Officers recently promoted and on probation from the promotion will be allowed to have participants from the ride-along program ride with them.
i. Participants may not be on private property against the will of the owner, and may not participate in any search warrant. The privacy of victims and/or suspects should be respected by the participant.
j. Safety of the participant shall be paramount to the host officer at all times, especially when using their discretion as to whether or not to allow the participant to exit the vehicle or to initiate a pursuit of another vehicle.
k. Participants shall properly wear their seat belt at all times while the vehicle is in motion.
l. Participants shall be notified be the host officer that anything they observe is of a confidential nature and should not be freely discussed outside of the Department.
m. Any injury to a participant, no matter how slight, shall be documented, and the shift supervisor shall be immediately notified. The shift supervisor shall insure that the injury is examined by an emergency medical care provider and is completely documented, including photographs when applicable.
APPROVED:
_______________________________ ______________________
Date
[pic]
RIDE-ALONG PROGRAM RULES
1. Promptly and quickly obey all commands of all law enforcement officers.
2. Applicants must read and sign the application and release in its entirety, one week prior to the requested date of the ride-along, and in the presence of a Department employee.
3. The applicant must show photo identification to the Department employee that is issued by a state or federal government agency at the time they sign the application and release.
4. The participant is required to prominently display an issued ID card at all times while participating in the ride-along program. The ID card will be maintained at the Department at all times while not being used. The participant is not to keep the ID.
5. Participants are allowed to ride three times during a year and no more than once in any given thirty-day period. Exceptions to this are as follows: New Media, Law Enforcement officers from other jurisdictions, employees, or participants in an internship program with the Department. Regardless of any exceptions, each ride-along event must be approved and an application and release must be completed.
6. The participant must be in good physical health and have the ability to run if need be.
7. Female participants will ride with female officers; male participants will ride with male officers.
8. Participants shall not record or video while participating in the ride-along program. Further, participants shall not bring with them any equipment that may be used to record or video in any form. (This rule does not apply to news media personnel.)
9. Participants must submit to a search of their person and/or any belongings brought with them at any time during the ride-along event if the Department makes such a request.
10. Participants shall not have any weapons with them or in their possession. (Law enforcement officers from other jurisdictions may at the discretion of the shift supervisor be permitted to carry their firearm. If such permission is granted the weapon must be completely concealed.
11. Participants shall have their seat belt properly secured at all times while the vehicle they are riding in is in motion.
12. Participants shall not use the radio except in cases of extreme emergency when the officer is not able to. (Commissioned officers or dispatchers may use the radio at the discretion of the host officer.)
13. Participants will wear casual slacks or neat jeans, and a shirt with a collar. Dresses, skirts, T-shirts, shorts, sweats, or any article of clothing displaying rude or offensive logos are expressly prohibited. Shoes should be comfortable with a non-slip type of sole. (No high heels.) Tattoos must be covered in their entirety. The shift supervisor will make the final determination as to whether a participant’s dress is acceptable.
14. Participants shall not identify themselves as law enforcement officers, either visually or verbally (even if they indeed are law enforcement officers).
15. Participants shall not become directly involved in any law enforcement activity unless specifically requested to do so by a deputy or other law enforcement officer, or in cases of extreme emergency, at their own discretion.
16. Appropriate protective clothing should be brought by the participant for applicable weather conditions. (Participants may have to be out in inclement weather conditions for extended periods of time.)
17. The host officer will notify dispatch that they have a civilian rider prior to going in service.
18. The host officer will determine when it is acceptable for the participant to exit the vehicle, prior to the participant exiting the vehicle. (i.e. on traffic stops or calls for service).
19. The host officer may suspend a ride-along event at any time and return the participant to the Department.
20. Participants will not be on private property against the will of the owner, and will not be allowed to participate in any search warrant.
21. Participants will not be allowed to freely discuss observed items that are of a confidential nature outside of the Department.
22. Participants will respect the privacy of victims and witnesses, and shall under no circumstances be involved in any conversation with any suspect or prisoner.
23. Any participants who is injured, no matter how slight, shall immediately notify their host officer of such injury.
24. Participants shall report to the Department at least ten minutes prior to the beginning of the shift they have been approved to ride-along with. Participants will normally be expected to ride the entire shift in order to cause as little inconvenience as possible. Exceptions will be evaluated on a case-by-case basis.
RELEASE
I acknowledge that I have requested permission from the ____________Department to accompany, in the performance of their duties both in department vehicles and outside such vehicles. I am aware of the various dangers involved in police work, and aware that the __________Department vehicles are frequently operated under emergency conditions. I am also aware that accompanying police officers/deputies in performance of their duties may frequently expose me to various and sundry perils to life and limb due to the actions of criminal suspects, prisoners, and other such persons.
Being fully aware of the inherent dangers in the activities in which I propose to engage, I do hereby indemnify, release, give up, and abandon each and every claim, cause of action, or other right, which I may now or hereafter have against or any law enforcement officer, agent, employee, or servant thereof, or any department, bureau, division, section, unit or elected officer of said city or county, resulting or to result from my accompanying of ____________ in the performance of their official duties, whether in a _____________ vehicle or in any other situation. This release is given in consideration of my being allowed to accompany ________________ in performance of their official duties.
Further, I have read and agree to abide by all rules of the ride-along program, and I shall promptly and expeditiously obey all orders of the officer in performance of their official duties.
Further, I declare that I have never been arrested for, charged with, or convicted of a felony, and I do not have any case pending involving a serious misdemeanor or a felony. I also authorize the Department to perform a background check, including a criminal history and motor vehicle check to verify that all statements given in this application and release are in fact true.
I certify that I have fully read and that I understand the provisions of this release, which is executed this ______ day of __________________, __________.
Month Year
____________________________________ ___________________________________
Signature of Applicant Witness
MODEL POLICY
POLICE DEPARTMENT GENERAL ORDER
SUBJECT: Executing a Search Warrant NUMBER:
EFFECTIVE DATE: REVIEW DATE:
AMENDS/SUPERSEDES:
NOTE: This rule or regulation is for internal use only, and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety of care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this department, and then only in a nonjudicial administrative setting.
I. Purpose
The purpose of this policy is to provide law enforcement officers with guidelines for the execution of a search warrant.
II. Policy
It is the policy of this law enforcement agency to (1) provide techniques to accomplish a thorough and legal search; (2) observe the constitutional rights of the person(s) the warrant is being served upon; (3) minimize the level of intrusion experienced by those who are having their premises searched; (4) provide for the highest degree of safety for all persons concerned; and (5) establish a record of the entire execution process.
III. Definitions
A. Search Site: The premises or person to be searched, as explicitly stated in the search warrant.
B. Search Personnel: Law enforcement officers and supporting personnel taking part in the execution of a search warrant.
C. Evidence Collector: Member of the search team responsible for the possession, packaging, sealing and marking of all items seized.
D. Supervising Officer: Search team member most knowledgeable about the case and/or responsible for the investigation.
IV. Procedures
A. Uniform and Equipment Requirements
1. The search team shall at all times include at least one uniformed officer. All non-uniformed officers shall be clearly identified as law enforcement officers by wearing a distinctive armband, jacket or some other indicator of office.
2. All members of the search team should be equipped with body armor and a safety holster.
B. Time Limitations on Search Warrant Execution
1. A search warrant shall be executed as soon as practicable within the condition stated in state law. Circumstances that may necessitate a delay in executing a search warrant include, but are not limited to:
a. The need to have many searches occurs at the same time, which requires coordination and mobilization of law enforcement resources.
b. The seizable items have not arrived at the search site.
c. The probability that substantial resistance will be encountered.
d. A particular person(s) is absent from the search site, and the supervisory officer feels that the search would best be conducted if that person were present.
e. The need to protect an informant’s identity.
1. Absent court approval necessity or authorization by law, a search should be conducted during daylight hours.
C. Preparation for Execution of Warrant
1. Prior to entering the premises, the supervisory officer shall conduct a pre-entry briefing of the execution process with all search team personnel. The briefing shall include a review of the actual order of operations and procedures the search personnel will follow, a simulation of the conditions of the search site (using maps, charts and diagrams, when appropriate) and tactics and equipment to be used in the event of forced entry.
2. The supervisory officer shall attempt to determine if any circumstances have changed that make executing the search warrant at that time undesirable.
3. The supervisory officer shall ensure that the entire search warrant execution process is documented, from beginning to end and continued until the search team leaves the premises.
A written record shall be supported by photographs and, if practical, a videotaping of the entire search site from start to finish.
D. Entry Procedures
1. The approach to the scene shall be executed without sirens. If a pre-execution surveillance team is on the scene, radio contact shall be made to ensure that it is an appropriate time to serve the search warrant.
2. The supervisory officer shall be responsible for ensuring that the search warrant is valid and that the property about to be searched is the property listed on the warrant.
3. The supervisory officer shall ensure that the entry is tape-recorded.
4. The search personnel shall position themselves in the following manner:
a. Exits from the premises shall be covered.
b. Uniforms officers shall be the most visible members of the search team, and shall conduct the entry.
c. Non-uniformed officers shall be the last members to enter the search site.
5. Notification
a. The supervisory officer, or a uniformed officer, shall notify persons inside the search site, in a voice loud enough to be heard inside the premises, that he/she is a police officer and has a warrant to search the premises, and that he/she demands entry to the premises at once.
b. No-knock entries shall be made in accordance with state law.
E. On Premises Activities
1. The supervisory officer shall ensure that a member of the search team conducts a security sweep of the search site.
2. After the search site has been secured, search personnel shall develop a prioritized strategy that details the likely whereabouts of the items to be seized and an order of operation for conducting the search.
3. One person shall be designated as responsible for collecting, preserving and documenting all items seized until possession is transferred to the evidence custodian.
4. If damage occurs during an entry to premises that will be left vacant, and the damage may leave the premises vulnerable to security problems, arrangements shall be made to guard the premises until it can be secured.
5. If damage occurs, a special report shall be prepared on the actions that caused the damage and a detailed description of the nature and extent of the damage.
MODEL POLICY
POLICE DEPARTMENT GENERAL ORDER
SUBJECT: Obtaining a Search Warrant NUMBER:
EFFECTIVE DATE: REVIEW DATE:
AMENDS/SUPERSEDES:
NOTE: This rule or regulation is for internal use only, and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety of care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this department, and then only in a nonjudicial administrative setting.
I. Purpose
It is the purpose of this policy to provide guidelines for obtaining search warrants.
II. Policy
The search warrant is one of the most powerful and valuable tools in the law enforcement arsenal. While the process of applying for and obtaining a search warrant should be familiar to most officers there are many technical and legal pitfalls that can invalidate a search warrant, lead to the suppression of evidence or dismissal of cases and have liability implications for involved officers. Therefore, it is the policy of this agency that all officers have a sound knowledge of the legal requirements associated with obtaining a search warrant in order to prevent suppression of evidence, support the Constitutional rights of citizens and to maintain public confidence in this agency’s mandate to carry out the police function in an ethical and legal manner.
III. Definitions
Search Warrant: A written order, in the name of the people, signed by a magistrate or other judicial authority, directing a peace officer to search for specified personal property and bring it before the magistrate.
IV. Procedures
A. Legal Requirements for a Search Warrant
The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches. Officers conducting searches without a warrant, such as those noted below, bear the burden of providing that the search was reasonable.
Therefore, officers should consider obtaining a search warrant whenever time and circumstances permit. Some exceptions to the search warrant requirement include the following.
1. Searches Incident to Arrest
Searches of a person or the area within the immediate control of a person who has been lawfully arrested are permitted to secure weapons or evidence of a crime.
2. Emergencies Officers may conduct searches when they believe that a person is in need of immediate assistance under life-threatening conditions, when immediate action is necessary to protect the public from harm or when, for example, an officer encounters a homicide scene and needs to search for additional victims, protect vital evidence or pursue the perpetrator.
3. Vehicle Search
A motor vehicle and containers found within may be searched when probable cause exists to believe that the vehicle may reasonably contain contraband or the fruits or instrumentalities of a crime.
4. Consent Searches
A search may be conducted pursuant to consent without a warrant and without probable cause to obtain a warrant. The consent must be voluntary, freely and intelligently given by an appropriate party and the search must be limited to the terms of the consent. Written consent should be sought whenever reasonably possible.
B. Legal Basis for Seeking a Warrant
1. In order to obtain a search warrant an officer must be able to show probable cause to believe that specific evidence, contraband or fruits of crime may be found at a particular location.
2. Specific facts establishing probable cause shall be set forth with clarity and specificity. Officers shall not rely solely upon personal opinion or unauthenticated third party information or hearsay. Such facts may be based on
a. personal observation/knowledge of the officer; or
b. information from a reliable source.
3. When informants are used ‘particularly confidential informants’ the reliability of the informant and information provided shall be specified. Whenever possible, officers shall corroborate informant information.
C. Affidavit Preparation
An affidavit supporting application for a search warrant shall be prepared on the designated agency form. The accuracy of the affidavit is vital to the validity of the search warrant, thus officers shall ensure that the following information is clearly and completely specified.
1. Offense
The offense shall be described with reference to the criminal code section where possible.
2. Place of Thing to be Searched
The place or thing to be searched shall be described with specificity and officers shall insure that the warrant includes the specific reference(s). Where premises are to be searched, references should include
a. street number and apartment number if appropriate;
b. physical description of the premises;
c. legal description of the premises;
d. name of owner or occupant;
e. geographical location of the property;
f. map coordinates or distances from given reference points; and
g. photographs, maps or diagrams, which help to specify the location in question.
3. Scope of the Search
Only those things described in the search warrant can be seized.
Therefore, the affidavit shall specify and officers shall ensure that the warrant includes the following.
a. All areas that officers desire to search shall be designated. In cases where officers wish to conduct a complete search of a home and its surroundings, the affidavit should specify a “premises” search and it’s “curtilage” and should identify any outbuildings such as garages, tool sheds or barns, where appropriate.
b. Motor vehicles known to be on the premises that may be searched should be specified.
c. Searches (other than frisks for weapons) of specific persons on the premises shall be referenced in the affidavit by name if possible.
d. The specific items to be searched for shall be detailed. Where the item may be dismantled (e.g. firearms), the warrant should authorized search for parts, pieces or components of that item.
e. Officers anticipating search of computers and related high technology equipment shall consult a designated expert for appropriate language to use in the affidavit and procedures for seizure of hardware and software.
4. Time and Method of Search
a. A search warrant may be served at any time of the day or night as long as the affidavit provides good cause and permission is granted in the warrant.
b. Anticipatory search warrants may be sought when it can be shown that the evidence in question will be a specific location at some time in the near future.
c. Officers may request a “no knock and announce” provision in the warrant when they have reason to believe that adherence to the knock and announce rule would endanger their safety or the safety of others, would enable wanted persons to escape or would likely result in the destruction of evidence before entry can be made.
D. Review of the Warrant
Officers shall review search warrants issued by judicial authorities to ensure that they include all pertinent information set forth in the affidavit accurately and completely, and that the warrant has been properly signed. Officers shall not attempt to serve any warrant that is known to contain substantive or administrative errors.
E. Return on the Warrant
Officers shall observe statutory and administrative requirements regarding return on the warrant to include providing a receipt to the proper person for property taken, retention and security of property taken, and return of the warrant and delivery of the property inventory to the appropriate judicial authority within specified time limits.
F. Recording
A record shall be maintained of all warrants issued to this agency and actions taken in response to each.
G. Liaison with the Prosecutors Office
Officers seeking warrants in unusual situations or where the seriousness, nature or legal complexity of the case dictates should consider reviewing the case with the prosecutor’s office prior to seeking a search warrant.
ENDNOTES
Some state constitutions impose greater burdens upon law enforcement officers for obtaining and/or executing search warrants than does the U.S. Constitution. The requirements noted here conform to federal constitutional provisions. Officers should be familiar with any additional state constitutional requirements.
Officers should refer to detailed directives and training materials of their agency relating to the execution of searches under each of these conditions.
Exceptions to this include items seized incident to a lawful arrest, items reasonably related to those specified in the warrant and evidence of another crime discovered in plain view during the search.
If a warrant to search “all persons present” is sought, probable cause to believe that such persons have evidence of criminal activity on their person shall be specified.
Seizure of evidentiary items that were known to be on the premises but were not listed in the warrant may result in invalidation of the seizure.
State law varies widely with regard to the permissibility of and procedures surrounding no-knock searches.
MODEL POLICY
POLICE DEPARTMENT GENERAL ORDER
SUBJECT: Conducted Energy Weapon (Taser) NUMBER:
EFFECTIVE DATE: REVIEW DATE:
AMENDS/SUPERSEDES:
NOTE: This rule or regulation is for internal use only, and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this department, and then only in a nonjudicial administrative setting.
I. Purpose
The purpose of this policy is to provide guidelines for law enforcement officers in the use of Conducted Energy Weapons. (X-26 Taser).
II. Policy
It is the policy of (your law enforcement agency) that only officers demonstrating proficiency in the use of department issued or authorized equipment be permitted to carry such weapons. All sworn officers must meet and comply with the requirements of this procedure. The devices currently authorized for use are the Advanced Taser X-26 manufactured by Taser International.
A Taser is a Conducted Energy Weapon (CEW), an electronic incapacitation device. It is a defensive weapon, which is listed in the force continuum at the same level as aerosol chemical sprays.
A. The decision to use the CEW is based on the same criteria an officer uses when selecting to deploy chemical spray or a baton. The decision must be made dependent on the actions of the subject(s) or the threat facing the officer(s), and the totality of the circumstances surrounding the incident. In any event, the use of the CEW must be reasonable and necessary.
B. The CEW is not meant to be used in deadly force situations. The CEW should not be used without a firearm back up in those situations where there is a substantial threat present.
C. All officers must be certified as an end user by a TASER Certified Instructor prior to being authorized to deploy the device in the field. This training shall consist of a minimum of four hours of instruction with the successful completion of a written exam and proficiency exam. In addition, the officer must attend annual in-service training to remain certified.
AUTHORIZED USE OF THE TASER
A. An officer is authorized to use the Taser after he/she has clearly displayed a physical presence and thus identified themselves as a police officer by making identification if they are not in uniform or clearly bearing official title. The officer must also give verbal warning and verbal commands to a resisting subject or arrestee if the situation allows. Verbal warnings and commands would not be necessary if reaction time was of the essence to officer safety or the safety of others. A suspect failing to comply and showing NO INTENTION OF COMPLIANCE to an officer’s official, lawful instructions may be incapacitated by the use of the Taser.
B. The use of this weapon should, in most cases, eliminate the need for actual hands-on active countermeasures and the possibility of an officer or suspect injury. Officers may utilize soft empty hand control tactics prior to the use of the Taser based upon the totality of the circumstances. The officer is not required to attempt soft empty hand control tactics if the officer believes that they would be ineffective and/or the officer believes the use of the Taser would reduce the likelihood or possibility of more serious injuries to the subject, the officer, and third parties.
C. The Taser may also be utilized on a suspect, previously under control, who suddenly reacts violently and requires immediate attention during the post arrest and/or booking process.
D. The use of the Taser is intended solely as a control device to minimize injuries to officers and suspects. Its purpose is to enable the officer to carry out his/her duties in a safe, efficient and most professional manner. The timely and appropriate use of the Taser can greatly reduce injuries to both officers and suspects. Any escalated use of force may be thereby avoided.
E. The Taser is not a substitute for deadly force and should not be used in those situations. Deployment of the Taser should be backed up with the availability of lethal force.
F. Center body mass should be the primary target area when firing the Taser, particularly center mass of the back, as clothing tends to be tighter on this part of the body. The head and face should not be targeted unless the appropriate level of force can be justified. It is to be used as a way of averting a potentially injurious or dangerous situation. Experience has shown that the Taser has a very low potential for injury.
G. When fired the Taser emits a sound similar to small caliber gunfire, although it is significantly lower in volume. Thus to reduce the likelihood of an accidental discharge of a backup officer due to a “sympathetic fire response” the officer deploying the Taser should take appropriate steps to ensure safety. Anytime the Taser is to be deployed in a tactical setting, the officer using the Taser shall announce that he/she is about to deploy by saying “Taser!” in a clear and audible tone, so that other officers will be aware that the shot is from a Taser and not a firearm. Surrounding agencies to our Police Department may be given a short presentation of the Taser and demonstrate its function whenever feasible. This will further decrease the likelihood of an accidental discharge of a backup officer should he/she be present at the time of the Taser’s utilization and deployment. In the event the Taser is being deployed by the department’s Special Response Team/SWAT, the SRT Commander may choose an alternative method of notification based upon tactical needs of the situation.
H. The Taser will never be used as a means of punishment. The Taser is a weapon and shall be treated as such with the same respect given to firearms safety. Horseplay of any type is forbidden. Violations of this policy will be considered serious infractions, which will result in disciplinary actions not to exclude the possibility of criminal prosecution if the situation warrants.
TOTALITY OF THE CIRCUMSTANCES REGARDING THE USE OF FORCE
The officer must always consider the totality of the circumstances when deciding what would be a reasonable amount of force. Some of the factors to consider include:
1) officer/subject size disparity
2) officer/subject strength disparity
3) officer/subject skill disparity
4) officer/subject age disparity
5) officer’s perception of the subject’s willingness to resist
6) officer’s perception of the immediate threat to the subject, officers and others
7) suspect’s criminal/violent history if known by the officer
8) officer’s location is a hostile environment
9) officer’s perception of the subject being under the influence of CNS (central nervous system) stimulants and other narcotics/alcohol that effect pain tolerance and violence
LIMITATIONS FOR USE OF THE TASER
Do not use the Taser in the following situations:
1) Any known or obviously pregnant female.
2) Any subject who is saturated with or in the presence of highly flammable or combustible materials and liquids.
3) Any subject who may receive a secondary injury resulting from a fall from its use, i.e. standing on a roof ledge.
4) The facial area of the head.
ADDITIONAL LIMITATIONS (RANGE)
The Taser has an effective range of 3 to 13, with a 15 foot cartridge; and a 3 to 19 feet range with a 21 foot cartridge. Ranges under 3 feet may not provide adequate distribution of the probes to allow the unit to function properly.
DUTIES AFTER DEPLOYMENT
Immediate action should be taken to care for the injured, to apprehend any suspects, and to protect the scene.
Once the subject is restrained or has complied the Taser should be turned off. A Taser will not be left unattended except in exigent circumstances as when an officer is forced to act alone in taking custody or an immediate threat. Medical personnel will be summoned to the scene to assess the subject. If the exam or other circumstances dictate the subject needs further medical treatment, the subject will be transported to the nearest medical facility. Medical treatment will not be refused for anyone who requests it.
Probes located in sensitive areas such as the face, neck, groin or breast will be removed by medical personnel.
Removal of probes in other areas may be done by officers at the direction of the scene supervisor. Officers will provide first aid following the removal of the probes by applying alcohol wipes or first aid cream and band-aids to the probe sites as needed.
Photographs will be taken of probe impact sites and any other related injuries.
Probes that have been removed from skin will be treated as Bio-Hazards “sharps”. They should be placed point down into the expended cartridge bores and secured with tape. If available the probes will be cleaned with a bleach/water solution prior to storage.
Officers will attempt to locate the yellow, pink and clear colored “micro-dots” dispersed at the time of the cartridge firing. These will be collected and placed into evidence with any expended cartridges.
Involved personnel will attempt to locate and identify any witnesses to the incident.
Book the offender into jail or take other appropriate action. Jail personnel shall be informed the subject was controlled by the use of a Taser.
OFFICER REPORTING REQUIREMENTS
The officer that deployed the Taser will complete the department’s Taser Use of Force Report Form. One copy will become part of the case file, one copy is forwarded to the Chief of Police and one copy shall be forwarded to the department’s Taser Instructor for reporting to Taser International’s database.
The Taser utilized by the department has an internal computer microchip that records the date and time of each use. The data recorded by the onboard computer chip is tamper proof. This technology is used to track the use of the weapon with the ability to download each unit’s activity into a computer database. This provides a level of integrity for tracking the use of the weapon. Each time the weapon is fired (training or actual field use) the officer will make written documentation of such use.
................
................
In order to avoid copyright disputes, this page is only a partial summary.
To fulfill the demand for quickly locating and searching documents.
It is intelligent file search solution for home and business.