Weapons - Angelfire
Detecting and Deterring Fraud
Identity Theft vs. Identity Fraud
Identity theft is an actual charge
Identity fraud is not a charge. It happens when a person creates an identity or assumes the identity of a real person
A person who commits identity theft, engages in identity fraud
Definitions
Personal Identifying Information- Any name, code, number, or information that may be used to assume the identity of another person
Personal Identification Number- Any number or code that can be used to assume the identity of another person, or gain access to financial recourses of another
Identity Theft
Type: Misdemeanor- P.L. 190.78
Definition: With intent to defraud person knowingly assumes the identity of another person by:
-Acting as that person
-Using Person Identifying Information of that person
and thereby…
1) Obtain goods, money, property or service or
Uses credit in the name of that person or
Causes financial loss to that person or
2) Commits a Class A Misdemeanor or higher level crime
Note: Higher level crime will allow ADA to plan bargain from felony to the misdemeanor
Identity Theft
Type: Felony- P.L. 190.79/80
Definition: With intent to defraud person knowingly assumes the identity of another person by:
-Acting as that person
-Using Person Identifying Information of that person
and thereby…
1) Obtain good, money, services, credit in amount EXCEEDING $500.00 or
2) Causes financial damage loss to such person EXCEEDING $500.00 or
3) COMMITS/ATTEMPTS FELONY (or acts as accessory) or
4) Previous conviction with in 5 years
Unlawful Possession of Personal Identifying Information
Type: Misdemeanor P.L. 190.81
Definition: Person knowingly possesses a person’s:
-Financial services account number
-Savings account number or code
-Checking account number or code
-Credit Chard account number or code
-Debit Card number or code
-ATM number or code
Unlawful Possession of Personal Identifying Information
Type: Misdemeanor
-Personal Identification Number
-Mother’s Maiden Name
-Computer system Password
-Unique biometric data
The above information intended to be used in furtherance of commission of Identification Theft Offense(s)
Type: Felony P.L. 190.82
Same as Misdemeanor offense, however, person possesses 250 or more of the listed items.
-Identity Theft laws intended for terrorist or financial crimes
-Not to be enforced against underage alcohol/cigarette purchases
Complaints of Identity Theft
-Crime Complaint Report System Reference Guide- will be used to classify identity Theft related crime
-Complainants Report of Lost or Stolen Property/Identity Theft Report- will be prepared
1. Instruct and assist victim in preparing pg 1 and 2
2. Ensure complainant signs both waivers
3. If necessary, assist complainant in contacting credit card companies
4. Prepare Complain Report
5. Forward paperwork to Desk Officer
6. Refusal to sign waiver does not preclude officer from preparing a Complaint
Report
Advise Victim to:
-Call one of three Credit Bureaus to place fraud alert
Equifax (800) 525-6285
Experian (800) 397-3742
Transunion Corp (800) 680-7289
-Close accounts that have been tampered with
-File complaint with FTC
3 Types of Identifiers
Tokens: Something carried that identifies the individual (i.e. Drivers License, ID Card)
Knowledge Based: Person identified through person knowledge (i.e. Knowing Mother’s
Maiden name, Social Security Number)
Biometrics: Fingerprints, DNA, etc.
Investigating Identity Theft
Signs of Identity Theft/Fraud
-Multiple Credit Cards with different names
-Social Security Cards written on paper
-Credit Card Numbers written down on paper
-Names/Addresses/Date of Births written down on paper
-Multiple ID Cards with different names
-ID Cards of persons other than arrestee
Criminal Impersonation (P.L. 190.25)
Type: Misdemeanor
Definition: A person impersonates:
1) Another Actual Person
-Intent is to defraud or injure
or
2) Representatives of an Organization
-Intent is to defraud or injure
or
3) A Public Servant
-Wear/Display uniform/shield
or
-By falsely stating
-Intent is to induce another to submit to such authority
Criminal Impersonation
Type: Felony
Definition: Two ways to commit this offense:
1) Impersonate POLICE OFFICER (ONLY) with intent to commit felony or
2) Impersonate physician to order a prescription
False Personation (P.L. 190.23)
Type: Misdemeanor
Definition: Person gives false name, address, and/or Date of Birth to Police Officer after being warned of the consequences of doing so.
Unlawful Use of Police Uniform or Emblem
Type: Misdemeanor
Definition: Non-MOS wears and/or displays Police Uniform, insignia, shield on selves or vehicles
Note: Intent to defraud not necessary to complete this offense
Note: Need permission from Police Commissioner
Investigation of Police Impersonation
-In all cases of Police Impersonation, a NOTIFICATION TO IAB IS REQUIRED and a log number is assigned
-The Police Impersonation Investigation Unit (PIIU) - will investigate all robbery/police impersonations and serious crimes involving police impersonation
Forgery
Type: Misdemeanor
Definition: With intent to Defraud/deceive/injure, a person…
Makes/Completes and/or alters a written document
Type: Felony
Definition: Same as Forgery Misdemeanor except altered document is…
a) Deed, credit card, contract, will, etc.
b) Public record
c) Instrument officially issued by public office/government instrumentality
d) Part of an issue of tokens, public transportation (transfers, etc.)
e) A prescription of duly licensed physician
Criminal Possession of a Forged Instrument
Type: Felony P.L. 170.25/30
Definition: Person possesses any A-E above including forged credit card or debit card
Note: Person possessing 2 or more is presumed to possess with intent
Investigating Fraudulent Documents
The Photo:
-Glance Back
-Compare person to photo
-May cause stress reaction
The Numbers:
-Should be consistent
-Check expiration date
The Card:
-Compare ID to yours
-Check for Alterations
If validity is Questionable:
-Ask Questions
-Run a license check
Intentional Driver’s License
-There is no such license
-There is the International Driver’s Permit
However, driver must possess license from Home County
-If driver can be identified, summons
-If driver can not be identified, arrest
Arrest Involving DMV Documents
Criminal Possession of a Forged Instrument, 2nd Felony
Should be charged only when:
-More than 1 false license
-Used for purpose other than driving
-Showed intent to sell
-Possesses a false license and/or more false ID’s
Credit Cards
If during a lawful search a Police Officer discovers what appears to be a fraudulent credit card:
-Notify Supervisor
-Several charges may apply
-Notify Special Frauds Squad and Missing Persons
-Credit card company will provide a representative to testify in court
Crimes Related to Fraud
Making a Punishable False Written Statement- Misdemeanor
-knowingly makes a false statement
-In a written instrument BEARING A LEGALLY AUTHORIZED NOTICE, examples include:
-Vehicle Theft and Preliminary Investigation Report, Vehicle Theft Supporting Deposition, Complainant’s Report of Lost or Stolen Property
Falsely Reporting on Incident Misdemeanor
-Knowing the information reported to be false
-Person report to a law enforcement agency:
Incident or occurrence
-Example: False ‘61’
Auto Accident Fraud
When accident fraud is suspected, notify the Intelligence Division
May include staged accidents, false injury claims
Look out for insurance fraud indicators such as: no damage/injuries, driver willing to claim responsibility, damage but no debris on scene, etc…
Accident Report
-Complete all captions
-Obtain VIN number
-Entries in “All Involved” section must be complete and accurate, after listing all information draw a line through every unused box in section and initial
Aided Report
When the City of New York may be involved in a personal injury
Police Officer must:
-Check “city involved” caption of Aided Report
-Enter agency code, official diagnosis, and witness’s name, address, and phone number in the “details” section of the report
Weapons
Firearm
Pistol or Revolver
Riffle with Barrel less than 16 inches
Shotgun with Barrel less than 18 inches
Total length under 26 inches
Loaded Firearm
Actually loaded or unloaded with ammo readily available
Deadly Weapon – 4 Cutters
Switchblade, Dagger, Metal Knuckle Knife, Gravity Knife
Deadly Weapon – 3 Hitters
Billy, Blackjack, and Metal Knuckles
Deadly Weapon – 2 Shooters
Pillum Ballistic Knife and anything readily capable of firing a shot
Deadly Instruments (Acronym: AVIS)
Any: Article
Vehicle
Instrument
Substance
Under the circumstances which they are being used is readily capable of causing a Serious Physical Injury
Dangerous Weapon
Bombs, home made weapons etc.
Disguised Gun
Any weapon or device capable of being concealed on a person from which a shot can be discharged and is designed or intended to appear to be something other than a gun
Firearm Silencer
Anything designed/manufactured to minimize the sound of a firearm
Semi-Automatic
Any repeating rifle, shotgun or pistol regardless of barrel or overall length, which utilizes the energy of firing a round to extract the spent shell and chamber the next round. This weapon also requires a separate pull of the trigger to fire each round.
Defaced Firearm (Acronym: CARD)
Serial number or any identifying marks that are:
Covered
Altered
Removed
Destroyed
Assault Weapon
1. Any semiautomatic rifle able to accept a detachable magazine and has at least 2 of the following:
A folding/telescoping stock
A Pistol grip that protrudes beneath the action of the weapon
A Bayonet mount
A flash suppressor/threaded barrel designed to hold a flash suppressor
A grenade launcher
2. A semi automatic shotgun that has 2 or more of the following:
A folding/telescopic stock
A pistol grip that protrudes from the action of the weapon
A fixed magazine capacity in excess of 5 rounds
Is able to accept a detachable magazine
3l. A semiautomatic pistol able to accept a detachable magazine and has a t least 2 of the following:
Ammo magazine that attaches to the pistol outside of the barrel grip
Threaded barrel able to accept a silencer, flash suppressor, barrel extender,
or forward hand grip
or
-A shroud that is attachable to the pistol that partially or completely encircles the barrel and allows the shooter to hold the firearm with their non-trigger hand with out being burned
-Manufactured weight of fifty (50) ounces or more when the pistol is unloaded
-A semiautomatic version of an automatic rifle, shotgun or rifle
Large Capacity Feeding Device
Any magazine, belt drum, feed strip or similar device manufactured after September 13, 1994 that has the capacity of, or that can be readily restored/converted to accept more than ten (10) rounds of ammo.
Note: This does not include an attached tubular device designed to accept and capable of operating only .22 caliber rim fire ammo
Possession
Actual: Have physical control
Constructive: Not on person, but under their control
CPW –P.L. 265.02/03/04
Type: Felony
CMS: Intentional/Knowingly
Definition: (Acronym: SMALL DATE)
Possesses: Silencer
Machine gun
Any prior CRIME conviction
Large Capacity Ammo Feeder
Loaded firearm (outside home/business)
Note: Person who possesses a loaded firearm inside home/business and shows intent to use unlawfully may be charged with CPW-Felony
Disguised gun/Defaced firearm
Assault weapon
Three (3) or more firearms
Explosive
Type: Misdemeanor
CMS: Intentional/knowingly
Definition: 3 ways:
1) Possesses one of the following weapons (refer to Student Guide page 10/11)
2) Possesses with intent to use unlawfully (Acronym: RAID)
Razor
Armor piercing ammo
Imitation pistol
Dangerous Instrument
Note: Police Officer must prove intent, mere possession is not CPW –misdemeanor
3) Possesses a rifle/shotgun/firearm in an educational building with out written permission from the institution
Presumptions of Possession
Machine gun found in a dwelling/structure/vehicle is presumed to be possessed by all persons inside
Any weapon found in a stolen vehicle is presumed to be possessed by all persons inside
Example: Gun in trunk/ Dagger under seat/ switchblade in person’s pocket—all may be charged with CPW
If vehicle not stolen: found on one person—charge THAT person with CPW
If found in vehicle- charge all persons
Note: If weapon is found in a vehicle for hire (taxi) driven by a licensed driver lawfully doing their duty, the presumption DOES NOT apply to the driver
Presumptions of Unlawful Intent
1) Person who possesses an explosive is presumed to possess it with the intent to use unlawfully
2) Possession of any weapon is presumed to possess with intent to use unlawfully EXCEPT: (Acronym: RAID)
Razor
Armor piercing ammo
Imitation pistol
Dangerous Instrument
Presumptions
Defaced Firearm
Presumed you defaced it
Possession of 5 or more firearms
Presumed to possess with the intent to sell
Unlawful Wearing of a Body Vest P.L. 270.20
Type: Felony
Definition: 1. Person possesses a firearm
2. During the commission of a class “B” or “C” violent felony (listed in P.L. 70.02)
and
3. Is wearing bullet-resistant soft body armor (body vest)
Weapons Possession by Juveniles
Unlawful Possession of Weapons by Person under 16- Misdemeanor- P.L. 265.05
Unlawful Possession of a Weapon upon School Ground- P.L. 265.06
Certain Wound to be Reported- Misdemeanor- P.L. 205.25
Unlawfully possessing or Selling Noxious Materials –Misdemeanor- P.L. 270.05
Administration Code Offenses
Small arms in city City- Misdemeanor
Rifles and Shotguns, carrying and possession- Misdemeanor
Prohibited sale of certain types of knives- Violation
Laser Pointer Law- Misdemeanor
Weapons Provisions and Licensing
Ballistic Evidence Recovery (P.G. 218.23) (See Student Guide Page 25 thru 33)
Marking of discharged shell casing/fired bullet/loose cartridges
Vouchering Procedures
Preparing PCI’s and other department forms
Biological Testing
Firearms that do not require lab exam
Cartridge- live ammunition consists of bullet and shell casing as one unit
Fired Bullet- Part of cartridge which has been fired
Shell Casing- Metal casing part of the cartridge
Chamber- Holds cartridge before fired
Processing Firearms and Related Evidence
-Use a scribe or sharp instruments to scratch initials on evidence
-Initial and number each piece of evidence
-Mark bullet portion of all cartridges
-Mark package and seal all cartridges removed from firearm (regular envelope not PSE)
-Keep cartridges removed from chamber separate from each other cartridge
-Mark base/bottom of fired bullets
-Do not mark sides of fired bullet
-Never place 2 or more fired bullets/casings in the same envelope
-Mark the inside of all shell casings
-If any cartridge, bullet or shell casing is too small to mark place it in an envelope, initial/number the outside of the envelope
-Prepare a request for laboratory examination, if evidence needs to go to the lab for any analysis
Example: At crime scene, the following is recovered: Fired bullet, Shell casing, 1 semi automatic pistol containing 1 cartridge in chamber and 4 cartridges in magazine
…Evidence will be marked as:
SH1 (on firearm)
SH2 (on magazine)
SH3 (on cartridge removed from chamber)
SH4-7 (on cartridges removed from magazine)
SH8 (on bottom of fired bullet)
Note: EVERYTHING LISTED ON ONE PCI
Drug Offenses
Definitions
Controlled Substance- any substance listed and defined in public health law section 3302 (example: cocaine, heroin, angel dust, ecstasy…)
Marijuana- All parts of the cannabis plant, whether growing or not, seeds thereof, resin extracted and every compound, derivative, mixture or preparation of the plant, its seeds or resin
Criminal Possession of Controlled Substance
Type: Misdemeanor PL 22.03
Definition: Person knowingly and unlawfully possesses a SMALL amount of a controlled substance
Criminal Possession of a Controlled Substance
Type: Felony PL 220.06-.21
Definition: Person knowingly and unlawfully possesses…
1. A LARGE amount of a controlled substance OR
2. ANY A MOUNT with the INTENT TO SELL
Criminal Sale of a Controlled Substance
Type: Felony P.L. 220.31
Definition: Person knowingly and unlawfully SELLS any amount of a controlled substance
Sale- To sell, exchange, gives, or disposes of to another, or agrees to do the same
Presumption #1- Any controlled substance found in an auto is presume to be
Possessed by ALL persons
3 Exceptions to Presumption #1 (Acronym: CAT)
Concealed upon one occupant
Authorized person to possess the substance and it IS IN THE ORIGINAL
CONTAINER
Taxi- person is the operator of vehicle for hire
Presumption #2
If a narcotic drug or preparation of marijuana is found, it is presumed that every person is close proximity possesses the drug.
-In open view, other than a public place
-In circumstances where showing intent to mix, compound, package and otherwise prepare for sale
2 exceptions to Presumption #2
-One person is authorized to possess the substance and it is in original container
-One person has the substance on their person whether concealed or not
Criminal Possession of a Hypodermic Instrument
Type: Misdemeanor P.L. 220.45
Definition: Person knowingly and unlawfully possesses or sells hypo syringe or needle
Criminal Injection of a Narcotic Drug
Type: Felony P.L. 220.46
Definition: Person knowingly and unlawfully possesses a narcotic drug and intentionally injects it in another with their CONSENT
Criminal Using Drug Paraphernalia
Type: Misdemeanor P.L. 220.50
Definition: Person possesses or sells
1. Dilutants
2. Material suitable for packaging narcotics
3. Scales/Balances used or designed for purpose of weighing or measuring
Note: Substance must be possessed with the intent to use for purpose of preparing/mixing/packaging narcotics
Criminal Using Drug Paraphernalia
Type: Felony P.L. 220.55
Definition: Any prior conviction of the Misdemeanor (NO TIME LIMIT)
Storage of Needles/Syringes
-See P.G. 218-24
-Place in plastic tube, needle end first
-Comes in plastic bag with full instructions
-Designed to prevent injury/injections when handling or forwarding hypos to lab
-Cap or secure with tape
-Voucher Hypo on separate PCI
-Place in serialized P.S.E.
-Store in property locker to be forwarded to appropriate property clerk facility
-NEVER ATTEMPT TO REMOVE A NEEDLE FROM A HYPO SYRIENGE
Narcotics Identification
See Student Guide pages 8 thru 10
-Heroin
-Marijuana
-Amphetamines
-Barbiturates
-LSD, DMI, SIP
-PCP
-Crack
Unlawful Possession of Marijuana
Type: Violation P.L. 221.05
Definition: Person knowingly and unlawfully possesses marijuana in the amount of up to and including 7/8 ounces (25 grams/129 cigarettes)
1) Concealed in a public place
2) In a private place (concealed or not)
Enforcement Procedure for Marijuana Violation offenses:
If proper ID and no other charges: May serve personal service summons (See P.G. 209-01 & 209-09)
If person does not qualify for summons: DAT MAY BE ISSUED (see P.G. 208-27)
No DAT if:
-Unable to ascertain the defendants identity or resident address
-Reasonably suspects that ID is false
-Reasonably suspects defendant does not reside with in the state
If person does not qualify for DAT: The DO will require $100 pre-arraignment bail
Criminal Possession of Marijuana
Type: Misdemeanor P.L. 221.10/15
Definition: Person knowingly and unlawfully possesses:
1) Any amount in public place
>burning or visible
2) Amount anywhere over 7/8 ounce, up to and including 8 ounces
Criminal Sale of Marijuana
Type: Misdemeanor P.L. 221.35
Definition: Person knowingly and unlawfully sells marijuana (up to and including 7/8 ounces)
Type: Felony P.L. 221.45
Definition: Person knowingly and unlawfully sells marijuana
1) Amount exceeds 7/8 ounces OR
2) Any amount to a person less than 18 years old
| |CPM-Violation |CPM-Misdemeanor |CPM-Felony |
|Cigarettes |Up to & including 129 |130-704 |705 or more |
|Ounces |Up to & including 7/8 |More than 7/8 to 8 |More than 8 ounces |
|Grams |Up to & including 25 |More than 25-227 |228 or more |
| |Concealed-Public/Private |Public: visible/burning | |
| |Private- Concealed or not | | |
Possession of Marijuana by Juveniles
A person under the age of 16 who violates the provisions of unlawful possession of marijuana (violation) could be classified as a P.I.N.S.
-A person at least 7 but less than 16 who commit the violation can be issued a juvenile report
-See P.G. 218-24
Storing Controlled Substance
-Items marked with Police Officers initials and consecutively numbered
-Packaged in security lock type envelope
-If too large- securely wrap in a package, secure it with tapes and properly ID
-If phencyclidine (Angel Dust) - Place in a plastic security envelope and seal prior to placing in security lock type envelope
-Do not use tape to seal individual items
-Place in envelope in presence of Desk Officer, secure it, and write name, shield, command, and date across the flap
-Stored in command when less than 8 ounces and fits into C/S locker
-If over 8 ounces or too large to fit in locker, it will be delivered directly to the lab
-See P.G. 218-24, 218-25, and interim order 40 of 2000
Clandestine Drug Labs
-Site may contain toxic and volatile chemicals
-Poor ventilation
-Improper safety measures
-Few access routes
-Poor lighting
-Attack dogs
-Booby Traps
-Potential for explosions/fire
-Signs-may be chemical drums outside of, unusual odors (bitter almonds), heavy traffic during odd hours
Legal Issues
-Probable Cause for Drug Sale arrest
-Police Officer observes money exchange for glassine envelope
-Furtive or evasive behavior couple in passing of a glassine envelope
-The exchange of G/E in narcotics prone location and Police Officer can articulate such
-An officer trained and experience in narcotic enforcement makes observation
-In Stop/Question/Frisk, Police Officer feels what they believe to be drugs- leave it alone
-The plain view doctrine is apparent
-When Police Officer has probable cause against vehicle to contain drugs, search the entire vehicle
Custodial Offenses
Definitions
Authorized Arrest: For any offense when Police Office has Probable Cause (reasonable cause to believe) such person committed act.
Custody- Detained or Restrained by Police Officer for investigation/arrest; executing court order
Detention Facility- Place used for confinement pursuant to a court order (jail or prison)
Resisting Arrest- Misdemeanor
Is committed when a person:
-Intentionally prevents; or
-Attempts to prevent
A police officer from affecting an authorized arrest of him/herself or another
Note*: Resisting arrest does not require that a person use force or violence
Passive Resistance- i.e. sitting on hands, lie on their hands, pulling or swinging arms to prevent their lawful arrest
GOING LIMP = NOTHING
No Sock Law- A person may not use physical force to resist an arrest whether authorized or unauthorized
Obstructing Governmental Administration- Misdemeanor
Intentionally obstructs, impairs, or perverts the administration of law or other governmental functions; or
Prevents or attempts to prevent a public servant from performing an official function by means of:
-intimidation
-physical force
-interference
-any independent unlawful act
Interfering with governmental telecommunications (jamming or interfering with communications system)
Releasing a dangerous animal with intent
Obstructing Governmental Administration- Felony
Interfering with telecommunication system, causing Serious Physical Injury to another person
Obstructing Governmental Administration- by means of a Self Defense Spray Device- Felony
Escape
Misdemeanor: from custody for petty offense or misdemeanor
Felony: from a detention facility; or from custody for felony
Leg Restraints
Leg Restraints MUST be used when:
Transporting Perp:
1) who refused to be printed
2) to hospital for medical treatment
3) determined to be potential escape risk
Integrity Crimes and Liability Issues
Definitions
Benefit: A gain or advantage to the recipient, something of value conferred upon another
Public Servant: A person who is either hired, appointed or elected to any state or local office
Bribery- Felony
Who Commits? ( Anyone
How? ( Offers, gives or agrees to give
What? ( A benefit
To who? ( A public servant
Why? ( To influence official duties now or future
Bribe Receiving- Felony
Who Commits? ( Public Servant
How? ( Solicits, accepts, and agrees to accept
What? ( A benefit
From whom? ( Anyone
Why? ( To allow their official duties to be influenced
Concerning the Offenses
-They are always felonies
-The attempts is built into the offense (No Attempt)
-The benefit need not be exchanged
-A Non-Public Servant can be charged with Bribe Receiving
Official Misconduct – Misdemeanor
Two ways to commit: A Public Servant…
1) Commits an intentional bad act related to their official duties (act of commission) or
2) Fails to act related to official duties (act of omission)
Rewarding Official Misconduct – Felony
Who Commits? ( Anyone
How? ( Offers, gives or agrees to give
What? ( A benefit
To who? ( A public servant
Why? ( To reward for a past bad act
Receiving Reward for Official Misconduct - Felony
Who Commits? ( Public Servant
How? ( Solicits, accepts or agrees to accept
What? ( A benefit
From whom? ( Anyone
Why? ( For having done a past bad act
Concerning Rewarding and Receiving Reward for Official Misconduct
-The Official Misconduct occurs before and benefit is offered or solicited
-The attempt is built into the offense (No Attempt)
Giving Unlawful Gratuities – Misdemeanor
Who Commits? ( Anyone
How? ( Offers, gives or agrees to give
What? ( A benefit
To who? ( A public servant
Why? ( As a tip for past good service
Receiving Unlawful Gratuities – Misdemeanor
Who Commits? ( Public Servant
How? ( Solicits, accepts or agrees to accept
What? ( A benefit
From whom? ( Anyone
Why? ( As a tip for past good service
Gifts
Patrol Guide Section 203-16
Three Factors:
1. Value of Gift
2. Intent of Donor
3. Intent of Recipient
Civil Liability
Indemnification
Definition: From general municipal law section 50-k which states that if you are the subject of a civil law suit as a result of taking an action on behalf of your employer, the city must:
1) Supply you with an attorney and
2) Pay any judgment award against you
Scope of Employment
As define in LBB Vol. 17 No. 2
-Is when the employee does something in furtherance of the duty owed to the employee (NYC) and where the employer (NYC) exercise some control either directly or indirectly over the employees’ activities
Administration Requirements
In order to be indemnified the officer must:
1) Deliver any papers served on you to the Cooperation Counsel with in TEN (10) days (via your Commanding Officer) and
2) Fully cooperate with the Cooperation Counsel and the Comptroller’s office in the defense of the case
Civil Liability
Things to Remember:
-To insure being indemnified you must have acted responsibly
-Your actions must not have violated any law nor violated any patrol guide procedures
-If you are the subject of a criminal case or a department trial you must be cleared of such charged before you will be indemnified
-You may be sued in either state or federal court
Legal Bureau Bulletin Volume 17 No. 2
How am I Indemnified when I’m:
-On duty in/out of NYC?
-Fully Covered
-Off duty inside NYC
-NYC will consider:
-Personally Involved
-Immediate need to act
-For Crimes
-Was the officer armed?
Other Areas of Importance:
-Secondary Employment
-Carrying of firearms off duty
-Conclusion
Domestic Violence
Family Structures
Single Parent Common Law
Extended Family Gay/Lesbian Couples
Grandparents Friends
Sister/Guardian Domestic Partners
Domestic Dispute Vs. Domestic Violence
What’s the difference?
Domestic Dispute
Official Police involvement with 2 or more persons living in family-type setting where it has been found that:
-Verbal Dispute
-NO criminal offense has been committed
Domestic Violence Incident
Official Police involvement with 2 or more persons living in a family-type setting where it has been found that:
-A criminal offense has been committed!!!!!
Why Do People Stay in Abusive Relationships?
-Emotional Ties -Learned Helplessness
-Shame and Embarrassment -Diminished Self Esteem
-Economic Dependence -Internalized Depression
-Lack of Support
-Fear of breaking the relationship
Tactics Used by Batterers
(Power and Control Wheel)
-Coercion/Threats- Making/carrying out threats to hurt/kill victim
-Using Intimidation- Destroying property, abusing pets, displaying weapons
-Using Emotional Abuse- Name calling, humiliation, putting victim down
-Using Isolation- Controlling who/what the victim sees/does, using jealously to justify actions
-Minimizing, Denying and Blaming- Making light of abuse, blaming victim
-Using Children- Having children relay messages; threaten to take away kids…
-Using “Male” Privilege- Treating woman like a servant, “master of the castle”
-Using Economic Abuse- Denying access to funds, make victim ask for $$, put victim on an allowance
Cycles of Violence
Build-Up Phase- Tensions builds…
Stand-Over Phase- Victim frightened by implied strength/threats
Explosion Phase- Violent outburst occurs!
Remorse Phase- Perp feels ashamed/guilty/afraid of consequences
Pursuit Phase- Perp tries to win back victim (if victim leaves); victim may return out of fear
Reconciliation Phase- Perp and victim may experience an intense makeup, neither wanting to recall the previous violence
Tactics for Family Disputes and Domestic Violence Situations (Acronym: THINK)
Tactics- (to remain as safe as possible)
Help- (the victim
Identify- (the problem)
Negative (attitudes should be avoided)
Knowledge (of PL, CPL, orders of protection)
Tactics
-Be familiar with sector, beat, post, know locations of entrances/exits
-Discuss tactics with your partner (have a plan)
-NEVER respond alone!!!!!
-10-52 “family dispute”- respond immediately
-Partners should NOT walk in together (staggered entrance), hold flashlight down and away from body towards the ground (non-shooting hand)
-Report when 10-84 at the scene, be careful not to park in front of location
-Take charge- Stop direct confrontation of the parties
-Separate the Parties (out of sight –preferable)
-Use eye contact with each of the parties, without losing sight of your partner!
-If possible, AVOID THE KITCHEN AREA (and bathroom), look for cover in case you need it
-Listen for verbal indications of weapons, and beware of dangerous animals
-Maintain a continual visual frisk of each room; look for anything that could be used as a weapon
Help
-Charges may be brought to either court and the victim/complainant has the option to change from one court to another
-Both family and criminal court have the authority to issue an Order of Protection, the purpose of which is to stop the violence and provide protection
Ascertain if medical assistance is needed
Use Empathetic body language/verbal technique
Allow for ventilation/active listening, verbal judo skills
Restore dignity to the Victim “You did the right thing by calling the police”
If concurrent jurisdiction exists advise the victim/complainant that:
-Criminal Court processing of the charge(s) is a Criminal proceeding for the prosecution of the offender and MAY result in a criminal conviction
-Family Court processing of the charge(s) is a Civil proceeding for the purpose of attempting to STOP the violence, end family disruption, and provide protection (as well as counseling)
Knowledge
Of PL, CPL, Order of Protection, Arrest Situations
Serving an Order of Protection
To avoid unnecessary court appearances by UMOS who are requested by a PETITIONER (complainant/victim) to serve a RESPONDENT (offender) with an order…UMOS will prepare a Statement of Personal Service
-After the order has been served, UMOS will complete and sign the “Statement of Personal Service” and give the (white) copy to the PETITIONER and the (blue) copy to the Desk Officer. Domestic Violence officer gets a copy. Make Activity Log entries.
Family/Household (Acronym: SEX CLUB)
(as defined by Family Court Act)
Spouse – Legally Married
EX spouse- Formerly Married
Child in common
Legal Relations- Related by Marriage
United by Blood
NYPD Expanded Definition
-ALL the “family court act” families and:
-Person is NOT legally married but currently living together in a “family-type relationship”
-Persons not legally married BUT FORMERLY lived together in a “family-type relationship”
Thus a “family/household” includes “common law” registered domestic partners, in laws, etc.
Who is Considered to be Family?
1. Persons legally married
2. Persons formerly married
3. Related by blood
4. Related by marriage
5. Persons with child in common
6. Family type relationship
7. Former “family type relationship”
#’s 1-5 recognized by the family court act
#’s 6-7 are recognized by NYPD “expanded definition”
Note- Only persons recognized by family court (#’s1-5) are entitled to have their heard in family court
Note: “Expanded Definition” people (#6-7) will have their cases hearing in criminal court
Domestic Incident Report (DIR’s)
To be prepared in ALL cases when police officers respond to any family related call (founded or unfounded)
Note: Family calls including “Expanded Definition” families
-Back of DIR contains “right of victim” information must be given to victim as required by law
-UF61 also prepared for offenses
1. Obtain the spring job number from communications unit and write it in the space provided
2. List the following in the Narrative section:
A. Factors that helped determine whether there was primary aggressor and
B. Whether there was any property removed
3. On the back of the last copy of the DIR, List the name and the phone number of the Domestic Violence Prevention Officer
4. Fill in your shield number in the caption “Officer ID No.”
5. Complainant gets the pink copy of the DIR and the gold “domestic Violence notice” (last page)
6. Inform all parties that the domestic Violence Prevention Officer may contact them concerning the incident
Note: DIR’s are maintained at the precinct of occurrence, if an arrest is affected the arresting officer must provided the ADA with copies of all DIR’s
Additional Information
Excited Utterance
-Document what the defendant is saying and how he/she is acting
Intimidating a Witness- Felony 215.15
-Charge when defendant makes a verbal threat to victim as he/she is being arrested (ex. “I’ll get your for this”)
Primary Physical Aggressor
Police Officer has reasonable cause to believe that more than one member has committed a misdemeanor
-The officer is not required to arrest each person
-Police Officer must attempt to identify the primary aggressor and arrest that person
-Only applied to “family offenses” (MADCRASH)
-Only applied to family court act families (#’s 1-5)
Arrest Situations
1. Commission of a Felony
2. Violation of Order of Protection
if probable cause for #’s 1 and 2, Police Officer must arrest even if victim doesn’t want arrest made
3. Commission of Misdemeanor/Violation
If Police Officer has Probable Cause that offender:
a) Committed Misdemeanor
b) Violation (in presence)
Police officer must arrest unless victim does not want arrest made
Note: If victim doesn’t want arrest made Police Officer may use discretion to determine whether to arrest
Example: Police Officer feels victim unwilling because of
a) fear of reprisal
b) intimidation
Violations not committed in Police officer’s presence:
-Refer to Court
-Police Officer may arrest for Violation not in presence only if charge specifically mentioned in valid Order of Protection
Family Offenses (Acronym: MADCRASH)
Menacing 2 and 3 (Misdemeanor)
Assault 2 and 3 (Felony/Misdemeanor) including attempts
Discon (Violation)
Criminal Mischief
Reckless Endangerment 1 and 2
Aggravated Harassment 2 (Misdemeanor)
Stalking
Harassing 1 and 2 (Violation/Misdemeanor)
Procedure
A) MADCRASH offense and:
#’s 1-5 Family Court Act may be handled in either family court or criminal court (victim’s option)-Known as Concurrent Jurisdiction
#’s 6&7 Expanded Definition: Must go to NYC Criminal Court
B) No MADCRASH or MADCRASH AND other offense: Perp must go to Criminal Court
C) Any incident of Domestic Violence where offender is less than 16: Perp goes to Family Court (unless Juvenile Offender)
DAT’s
No Desk Appearance Tickets issued for family offenses
Order of Protection
Definition: Court section order by which person may be compelled under threat of arrest, to refrain from specific conduct or stay away from specific person or location
Petitioner = Complainant
Respondent = Defendant
The Primary Physical Aggressor Law
Mandates that when a Police Officer has reasonable cause to believe that more than one “Family Court Act” family/household member has committed a “Family Offense” Misdemeanor, the officer is NOT required to arrest each person but must attempt (obligated) to identify and arrest the primary aggressor
When attempting to identify the primary aggressor, consider the following…
(Acronym: HITS)
Primary History of Domestic Violence
Comparative extent of Injuries inflicted by and between parties
Threats made in the past
Whether any person has acted in Self defense to protect themselves from injury
-Offensive and defensive wounds
-Existing Order of Protection
-Witnesses
Must Arrest Situations
-Any Felony
-Any violation of an Order of Protection (charge is Criminal Contempt)
-Misdemeanor- In/Out of Police Presence (unless the complainant/victim states they do NOT want the offender arrested)
-A Police Officer can OVERRIDE the decision of the complainant/victim and make the arrest
-A Police Officer will never ask the complainant/victim if they want the offender arrested
-May Arrest- Violation (in presence)
Complainant Objection to Arrest
Police Officer should consider
-Past history of perp and victim (prior arrests, incidents, injuries sustained, etc.) Police Officer observations
-Statements by witnesses
-Statements by offenders
-Threatened use of weapons
-Mental/Physical state of perp (intox) presence of other household members at risk
Concurrent Jurisdiction
Different courts (family and criminal) have jurisdiction over the same matter with in the same territory. Exists only when
“A Family Offense” has been committed AND
“A Family Court Act” family/household exists AND
The offender is 16 years of age or older
The following are handled by Criminal Court
-Family Offenses are committed by person in the NYPD EXPANDED DEFINITION who are currently living together or formerly lived together in a family-type relationship or
-If there is not a “Family Offense”…or
-If there are multiple charges and at least ONE of them is NOT a “family offense” ALL the charges go to Criminal Court
Order of Protection
-Can be issued by NYC Criminal Court, NY State Family Court, or NYS Supreme Court
-Requires COMPLIANCE with specific conditions of behavior, hours of visitation and any other conditions deemed appropriate by the court of issuance
-An Order of Protection may also be issued by the Supreme Court as part of a separation decree, divorce judgments, annulment, or as part of a court order in a pending separation/divorce etc.
Service of Order of Protection by Police Officer
May serve 24/7
Will be attempted at least six (6) consecutive tours
Once served Police Officer preps “Statement of Personal Service”
Time Frames in Effect
Conditioning of Behavior to be followed by:
Complainant, defendant, or both and any member of the family/household
Family Court- 1 year or 3 years (or longer if child abuse)
Supreme/Criminal Court- As long as the court specifies
Orders of Protection
If a complainant/victim indicates that an Order of Protection has been obtained, REQUEST the person produce the Order of Protection to verify the validity of it (What court issued it? The expiration date? The stipulations of the order?)
-If the Order of Protection cannot be produced, call the Central Record Division (Identification Section) at 646-610-5195 to verify the Order of Protection
-If the Order of Protection cannot be verified: Call the Desk Officer of victim’s resident precinct and check for record of order on file at precinct level
-If further verification required check National Crime Info Center (NCIC)
-Determine if Probable Cause Order of Protection was violated
-Any arrest made for violation of Order of Protection will be proce3ssed in NYC Criminal Court
Orders of Protection issued by OTHER JURISDICTIONS/STATES,etc. may be enforced in New York State, MOS should inquired whether an order exists on the Statewide Registry of Orders Of Protection or the “Probation Order File” maintained by the NCIC accessible through the mobile digital terminal
Clothes Job
If NO ORDER is in effect, a Police Officer may not assist respondents wishing to remove clothing or property
The Respondent will be advised to return to court to have Order amended to allow for removal of clothing and/or property
Exclusionary Rule
Excludes person from being present at stated location
Police Officers serving order will not forcibly remove person; will explain person has to leave premise with in reasonable time or be arrested
Certificate of Warrant
Family court may issue directing that defendant be brought to court immediately when it appears:
-Summons cannot be served
-Respondent has failed to obey summons
-Respondent likely to leave jurisdiction
-Summons would be ineffectual
-Safety of Petitioner endangered
-Responsible on bail or on parole failed to appear
-Presentation of Certificate of Warrant authorized Police Officer to arrest and take him/her to issuing family court
-Expires 90 days from date of issuance, may be renewed by issuing court
Photographic Evidence
-Patrol Supervisor will carry digital camera in auto
-Officer will take digital photos of each victim and/or property damage
-Officer is responsible to upload photos by End of Tour
UMOS involved in Domestic Violence
PG 208-36 (domestic violence) and 208-57 (UMOS)
Police Officers responding to a domestic incident involving UMOS must follow same procedure in 203-36 and:
Request Patrol Supervisor
Victim Support Services
-Project Safe
-Program by Safe Horizon
-Provides lock replacements and counseling to victims of domestic violence and other crimes
Children and Adolescents
Adolescents Age Span
The stage of development beginning at about age 12 to 22 years
Biological and Hormonal Changes
-Physical Appearance
-Increased sexual desire
-Self-esteem
-Popularity
-Relationships (boyfriends and girlfriends)
-Depression
Communicating with Kids
Always be polite
Avoid using punitive tone in voice
Do not take challenges to authority personally
Don’t put down kid in front of peers
Don’t scold parent in front of child
Know recourses available to you for proper referral and/or counseling
Runaways (215-05)
New York State resident, under 16 (out of state resident per Interstate Compact for Juveniles) who is away from home at least overnight with out permission of parent/guardian.
Reasons Kids Runaway
Psychological problems ex. History of suicide attempts
Family conflicts ex. Divorce, alcoholism
Some leave foster care
Few away seeking advantage
How are Runaways Victimized?
-Perps know runaways won’t report crime out of fear of exposing status as runaway
-Often fall victim to various crimes ex. Sex abuse (prostitution and pedophilia)
-Pimps often loiter at bus terminals awaiting runaways
Homeless Youth
A youth that has no place of shelter and is in need of services, shelter, supervision and care…
Runaways- Procedure
Bring child to Station house
Prepare Aided Report and Juvenile Report
Prepare duplicated aided and forward to Missing Persons
Notify Youth Officer
Desk Officer will (may direct MOS to): Interview child, notify Missing Person Squad, Contact the parent/guardian and/or arrange for shelter
People Required by Law to Submit a Report of Suspected Child Abuse/Mistreatment
Teachers Child Care Workers
Medical Personnel Police Officers
Hospital Personnel Certain Peace Officers
Consequences for Deliberate Failure to Submit Report of Suspect Child Abuse/Mistreatment
-Willful failure to do so is a Class “A” Misdemeanor!!!!!
-Civilians are protected against law suits for making reports of suspected child abuse
Procedure to Follow when it Has Been Determined Maltreated, Abused, Neglected and the Childs life is in IMMINENT DANGER!!!!!
Patrol Guide 215-03
Request Patrol Supervisor
Identify when a M.A.N. Child may be removed from their home by this Department (MOS)
-Remove child with the consent of parent or person legally responsible for care, if reasonable cause to believe that continued presence of the child in the home is IMMINENTLY DANGEROUS to life/health and there is NO TIME to apply for a court order.
Identify When a M.A.N. Child may be Removed from their home by this Department (Patrol Supervisor)
-If the parent/guardian say NO
-Patrol Supervisor has the authority to remove child without permission IF reasonable cause to believe that continued presence of the child in home is IMMINENTLY DNAGEROUS to life or health, Patrol Supervisor may direct UMOS to remove the child.
3 Types of “abuse” of Children
A “M.A.N.” Child
Maltreated Child- Includes a Neglected child under 18 years of age who has had serious physical injury (SPI) inflicted upon them by other than accidental means
Abused Child-Less than 18 and the parent/guardian does or allows:
-Serious Physical Injury (SPI) OR
-Creates a substantial risk of Physical Injury (PI) OR
-A sexual offense against a child (prostitution, incest, sexual performance
by a child)
Neglected Child- Less than 18the parent/guardian does or allows:
-Failure to supply adequate food, clothing, shelter, education or medical
care OR
-Inflicts excessive corporal punishment OR
-Lost control in dealing with the child due to drugs or alcohol OR
-An abandoned child OR
-Anything else of a serious nature requiring the aid of the court
Interim Order #36 of 2001
-Special Victims Squad must be notified in two cases:
1) Any allegation child less than 11 years is victim of abuse inflicted by parent or legal guardian
2) Any allegation child less than 13 years and is victim of sex crime or attempt by any person
Remember!!!!
If a Police Officer has ANY suspicion that a child is a “M.A.N.” Child a “Report of Suspected Child Abuse or Maltreatment” must be prepared and
State Central Registry notified whether State Central Registry accepts notification or not
Penal Law Offenses
Endangering the Welfare of a Child- Class A Misdemeanor
1. Knowingly, acts in a manner likely to be injurious to; physical, mental or moral welfare of a child less than 17 years; or if he/she directs or authorizes the child to engage in an occupation involving a substantial risk of danger to life/health.
2. When Parent/Guardian who is legally charged with custody of child less than 18 years old fails or refuses to exercise reasonable diligence in the control of the child to prevent the child form becoming abused, neglected, a juvenile delinquent, or a person need in need of supervision.
Abandonment of a Child- Class E Felony
1. Parent/Guardian of a child less than 14 years deserts child in any place with intent to wholly abandon it
Abandoned Infant Protection Act- Operation Safe Horizon (P.G. 215-19)
Parent guardian unable to care for newborn may anonymously and safely leave infant in care of responsible person at hospital, precinct, etc.
Creates Affirmative Defense if:
1. Manner is safe for child
2. Not more than 5 days old
3. Intent that child can be safe from Physical Injury and care for
Unlawfully Dealing with a Child- Class B Misdemeanor
1. Owner, lessee, manager or employee of place where alcoholic beverages are sold/given away permits child less than 16 years to enter or remain in such place unless:
a. Accompanied by parent/guardian or authorized adult
b. Activity being offered is part of benefit or under control of non-profit school, church, other educational or religious institution
c. Permitted by Law
d. Establishment closed to public for specified period of time and no alcoholic beverage sold, served, given away or consumed during that period
-Person tattoos body of child less than 18 years
-Person sells tobacco in any form to child less than 18 years
Unlawful Dealing with a Child in the 1st- Class A Misdemeanor
-Person knowingly permits child less than 18 years old to enter or remain in premise or establishment where there is sexual activity, controlled substance or marijuana
-Person gives/sells or causes to be given/sold any alcoholic beverage to person less than 21 years
Sexual Offenses
Sexual Misconduct, Rape, Criminal Sex Act, Sexual Abuse, All have subdivisions that specifically pertain to children less than 17 years
Assault 2nd- Class D Felony
1. Subdivision 8: 18 years or more with intent to cause physical injury to person less than 11 years, defendant recklessly causes serious physical injury to such person
2. Subdivision 9: 18 years or more with intent to cause Physical injury to person less than 7 years, defendant causes physical injury to such person
Aggravated Assault Upon a Person Less than 11 Years Old- Class E Felony
1. Person 18 years or more commits Assault 3rd upon person less than 11 years and has previous conviction for Assault 3rd with in preceding 3 years.
3 Categories of Youth and Adolescence that may Require Enforcement Activity
Juvenile Misconduct
Juvenile Delinquent
Juvenile Offender
Juvenile Misconduct
Misbehavior, improper conduct, including but not limited to
-P.I.N.S. (Person In Need of Supervision)
-Truants
Ex: Alcoholics, runaways
-Juvenile Misconduct may be an indication of problems that are not easily visible…
P.I.N.S. Person In Need of Supervision
PINS is a person less than 18 years of age who:
1. Does not attend school in accordance with provisions of Article 65 of Education Law or
2. Who is incorrigible, ungovernable or is habitually disobedient and beyond the lawful control of parent or lawful authority
3. Violated section 221.05 Marijuana
PINS Procedure
Prepare a Juvenile Report
Refer parent to family court to seek a PINS Petition
Police Officer will not take a PINS into custody with out a court order
Direct Parent to Youth Aid Unit for assistance
Truants
Person who is at least 6 years old but less than 18 years old (6-17) who is observed “on the street” during school hours and there is probable cause to believe such juvenile is Truant
Truants Procedure
Deliver juvenile to principal or designee of school attended, if known
-If impractical, take to Borough Truancy Site
-Make Activity Log entries and have principal or representative sign Activity Log as receipt for child
-Prepare Youth Referral and deliver to Desk Officer
Juvenile Delinquency (JD) 215-09
As defined by Family Court Act- As child over 7 and less than 16 (8-15 years of age) who commits an act that would be a crime if committed by an adult
Juvenile Report 215-08
To record and investigate complaints regarding Juveniles
-At least 7 but less than 16 years
Prepared for:
Act that would be a crime for an adult except act record on Complaint Report (207-01)
-Petty Violations
-P.I.N.S.
-Intox
-Less than 16 in Prostitution house
Prepare separate Juvenile Report: for each juvenile involved and deliver to Desk Officer
When an Offense is Committed
MOS will detain youth and notify Desk Officer Attempt to determine age…
Desk Officer will determine if arrest or juvenile report applies…
Based On: (Acronym: FORMP)
Facts (or circumstances)
Offense committed
Recommendation
Manner in which committed
Previous record from Criminal and Youth services
Must Arrest if JD Committs:
Felony
Unlawful Assembly
Photographable Misdemeanor
CPW4, firearm only
Prohibited Use of a Weapon
Fraud Accosting- except for 3 Card Monte Game
Sexual Abuse 2
Promoting Prostitution 4
Prostitution
Trademark Counterfeit 3
Manufacture, transport dispose, deface a weapon or Dangerous Instrument
Criminal Impersonation 2
Loitering for the purpose of prostitution
Patronizing a Prostitute 3 or 4
Juvenile NOT to be Release on Personal Recognizance
(Acronym: AJAWNERD)
Act Committed against Family/Household member and act is felony assault, any sex offense or release would be dangerous to family
Juvenile Offender
Arrest on Felony and awaiting trial on a violent felony
Wanted on Warrant
No supervision
Endangered health/morals
Returned date- no show
Danger to community or Designated felony and family court is in session
Fingerprints
11 and 12 years old
A or B Felony
13 years or older
Any felony
Juvenile Detention Procedure
Detain and question juvenile only in “designated room” (juvenile room)
Send for parents/Give Miranda ONLY with parents present/Obtain pedigree info...
Check juvenile activities/Youth Records/Warrants
Determine if qualify for Appearance Ticket
Juvenile Offender
A Child aged 13* and older but less than 16 years old (13,14,15) taken into custody and charged with a felony as indicated:
-*A 13 year old is only charged as Juvenile Offender in cases dealing with Murder 2 (subdivision 1 and 2)
-13,14,15 year olds Murder 2 (sub 1 and 2)
-14 and 15 years olds- Murder 2 (sub 3)
and 14 and 15 years olds charged with: (Acronym: MARC KC ABRAM)
Murder 2 (sub 1,2, and 3)
Assault 1
Rape 1
Criminal Possession of a Weapon 2,3
Kidnapping and attempts
Criminal sex act
Arson 1 and 2
Burglary 1 and 2
Robbery 1 and 2
Aggravated Sex Abuse 1
Manslaughter
Juvenile Offender- Procedure
-Prepare OLBS (Juvenile Offender crimes listed in charges section Enter “Juvenile Offender” in Desk Appearance Ticket return date caption)
-Conduct Warrant/Investigation card/Juvenile Recidivist check via FINEST
-Fingerprint/Photograph
-Prepare Juvenile Arrest Investigation/Probation Intake Report
-Bring forms to Desk Officer
-Juvenile Offender not eligible for Personal Recognizance
-Keep Juvenile Offender separate from adult Prisoners
-Deliver OLBS and forms to Central Booking
-Juvenile Offenders go to Central booking not BRIDGES!!!
-Do not transport with adults!
-Female Police Officer should accompany female juveniles
Types of Gangs
-Criminal Gang- Formal structure, mafia
-Street Gang- Violence “status” (bloods)
-Youth Gang- Identifiable group engaged in unlawful anti-social activity
-Marginal Gang- A gang suspected of unlawful activity by alleged information obtained
Situation/Event Group-Spontaneous
Drug Gang-Distributes narcotics
Gangs- Procedure
Take immediate action (backup)
Notify Patrol Supervisor
Activity log entries
Contact Intelligence Division –Operations Desk 877 4INTEL -24hrs, 7 days a week
Resources Programs and Referrals for Youth
Combatting Graffiti
-Anti Graffiti Initiative
-Mayors Anti Graffiti Task Force
-Graffiti Hotline
-Graffiti Reward Program
-Graffiti Vandal Unit (NYPD)
Youth Division-NYPD
-Education Violence Reduction Section:
(Education on drugs, Gang Resistance Education and Training “GREAT” etc…)
Youth Outreach Section: (Police Athletic League—Pal, Drug Abuse Resistance Education—DARE)
Auto Related Crimes and Procedures
Reason for Auto Larceny
-Parts
-Used for other crimes
-Joyriding
Prevention and Detection
Vehicle Identification Number (VIN)
-VIN describes certain features of the auto (eg. Year, model, make, engine type, # of doors, etc.)
-VIN plates- several locations- Most common driver’s side dashboard and door
-Signs of tampering: bent or crooked plate, rivets damaged or missing covered or hidden
-Never Reach in an auto to uncover a VIN, have driver removed object(s)
Indicators of Theft
Clean plate on dirty car or visa versa
Worn plate secured by new bolts/wire
Tampering of locks
Shattered windows
Freshly painted
Damaged trunk, lid appears to be pried
No hubcaps undersized tires
Plates do not match
Chop Shops
Build or premise where vehicles are destroyed, altered, dismantled, etc.
Vehicles and or parts are then sold or disposed of
Buildings in a commercial area, no business signs, work on cars and no DMV repair licenses displayed, business operating at odd hours, doors/gates remain closed, but open periodically to allow vehicles to enter or leave
Parts truck, Bones Truck
Tools of the Trade
Screwdrivers
Slim Jim
Dent Pullers
Extracting ignition lock puller
Ignition lock breaker
Special wrench sockets
Coat Hangers
NYPD Preventative Measures
Combat Auto Theft (CAT) Program- 1AM-5AM
Commuter CAT- 10AM-4PM
HEAT (Help End Auto Theft) NYC Residents greater than 40 years old
Two decals authorizing Police Officer to stop auto if driver appears under the age
of 25 (24 hours a day).
Reporting Stolen Vehicle
-Assigned MOS will conduct investigation at the scene
-Complainant at Precinct will be transported back to the scene or asked to await MOS at the location
-MOS records results of Investigation in the details section of the Complaint Report Worksheet
-NO COMPLAINTS TAKEN OVER THE PHONE
-Complainant prepared Vehicle Theft Preliminary Investigation Report and Vehicle Theft Supporting Deposition
Lost or Stolen Plates
One plate lost or stolen = Lost Property
Two plates lost or stolen = Petit Larceny
-Alarm transmitted via Finest system
-Attach copy of NYSPIN acknowledgment to complaint report
Unauthorized Use of a Vehicle
What is the difference between unauthorized use of a vehicle and larceny of a vehicle/
Unauthorized Use = USE
Larceny of Vehicle = the person intends to keep it permanently or for such a long time that it is not worth much anymore
Unauthorized Use of a Vehicle – Misdemeanor PL 165.05
When a person…
1. Knowing he does not have consent, uses vehicle or
2. Having custody of a vehicle to service it, he uses it in a gross deviation or
3. Having custody of vehicle, retains in gross deviation of agreed return date
-Remain 7 days beyond agreement and then 2 days beyond receiving written notice
Unauthorized Use of a Vehicle – Felony PL 165.06
When a person…
1. Commits Unauthorized Use of a Vehicle (misdemeanor) in the first way and has a previous conviction for Unauthorized Use of a Vehicle in the past 10 years
2. Commits Unauthorized Use of a Vehicle (misdemeanor) and has intent to use the vehicle in the commission or flight from class A,B,C,D Felony
Auto Stripping – Misdemeanor PL 165.09
When a person…
1. Intentionally removed, destroy or defaces any part of a vehicle (including abandoned vehicle) with out consent of owner
Auto Stripping – Felony PL 165.10
When a person…
1. Commits Auto Stripping (misdemeanor) and has a previous conviction with in the past 5 years
2. Removes, destroys, defaces any part of 2 or more vehicles and the value of the parts exceeds $1,000.00 (does not include abandoned vehicles)
Signs of Impaired Driving
Following too close to other vehicles
Inconsistent Speeds
Gradual Drafting and weaving
Turning with a wide radius
Straddling centre or lane markers
Breaking erratically
Observations During an Interview
Alcohol on Breath
Slurred or Thick speech
Face flushed or pale
Eyes Bloodshot, red or puffy
Balance Unsteady, swaying
Open containers in Vehicle
Missing Distances
Upon Making an Arrest for DWI
-Remove prisoner to command, precinct of arrest
-Prisoner will be asked to submit to a chemical test
-Must be performed with in 2 hours
-Failure to submit to test will result in suspension of prisoner’s license
-Prisoner may request a lawyer as long as it does not delay the administration of the chemical test
-Police Officer does not need to inform prisoner of right to request lawyer
-Prisoner may have test done by person physician but not until department test is completed
Zero Tolerance Law
Drivers under 21 who are found to be driving with any alcohol in their system, .02 to .05 BAC
VTL section 1192-A requires a six month suspension of a driver’s license and penalty of $125.00
Driving While Intoxicated (DWI)
VTL Section 1192, Sub. 1- DWAI – Operating a Motor Vehicle while under the influence of alcohol or drugs- Violation (BAC < .08)
VTL Section 1192, Sub. 2- DWI – Operating a motor vehicle while under the influence of alcohol or drugs- Misdemeanor (BAC .08 or more)
Aggravated DWI - Operating a motor vehicle while under the influence of alcohol or drugs- (BAC .18 or more)
VTL Section 1192, Sub. 3- Operating a motor vehicle while under the influence of alcohol or drugs- Misdemeanor – (Based on Police Officer’s Observations) Prisoner refuses Chemical Test
VTL Section 119, Sub. 4- Operating a motor vehicle while under the influence of alcohol or drugs- Misdemeanor (Driving While Impaired by Drugs)
Vehicular Manslaughter – Felony (DWI+Death)
When a person…
Cause the death of a person by operating a motor vehicle while under the influence of alcohol or drugs
-In Violation of the NYS VTL Section 1192, Sub. 2, 3 or 4
Vehicular Assault – Felony (DWI+SPI)
When a person…
Causes a Serious Physical Injury by operating a motor vehicle while under the influence of alcohol or drugs
Unlicensed Operator – Traffic Infraction VTL 509 Sub 1
No person shall operate a motor vehicle upon a public highway, or upon any sidewalk or to or from any lot adjacent to a public garage, supermarket, shopping center, or car wash unless he is duly licensed pursuant to the VTL.
Note: Issue a summons for this infraction
Aggravated Unlicensed Operation of a Motor Vehicle- 3rd Degree (misdemeanor) VTL 511, sub. 1
When a person…
Operates a motor vehicle upon a public highway knowing that his or her licensees is either suspected or revoked
-Motorist is arrested
-May issued a DAT if available
Aggravated Unlicensed Operation of a Motor Vehicle- 2nd Degree (Misdemeanor)
VTL 511, sub. 2
When a person…
Operates a motor vehicle upon a public highway knowing that his or her licensees is either suspected or revoked
-3 or more suspension on at least 3 separate dates
-Must arrest (No DAT)
Aggravated Unlicensed Operation of a Motor Vehicle – 1st Degree (Felony)
VTL 511, sub. 3
When a person…
Operates a motor vehicle upon a public highway knowing that his or her licensees is either suspected or revoked
-10 or more suspensions on at least 10 separate dates
-Must arrest (No DAT)
Rules for Vehicle Pursuits
Ask yourself – Does the immediate apprehension of the subjects outweigh the danger to public safety caused by the pursuit?
See PG 212-39
Department vans and scooters will not be used in pursuits
Motorcycles will limit pursuits
-They will terminate pursuit when four-wheeled vehicles join
Only two vehicles (primary and secondary) and supervisor will pursue the subject and transmit over the radio
The secondary vehicle will stay at least 5 car lengths behind the primary vehicle
Prohibited Acts
-Ramming or placing a moving Department vehicle in a position to be struck by the pursued vehicle
-Driving alongside the pursued vehicle
-Road blocks (unless specifically directed by supervisory personnel)
Motor Vehicle Accidents
Always remain alert to the danger of moving traffic
Use torrent lights, flashers, light bar, reflective traffic vests, cones, flares, and any other item that will increase your visibility and safety
When there are fatalities or seriously injured persons who are likely to die, accident scenes are also crime scenes
In these situations, the Accident Investigation Squad (AIS) of the Highway Unit will respond
When responding to an accident in low visibility or at night, use lights and flares
In other instances, traffic cones should be used to diverty traffic
First row of cones/flares are placed on an angle to merge traffic into lanes away from the accident
Place the first cone at least 200 feet from the accident on a High Speed Roadway
Cones should be placed 8 to 10 feet apart, flares 2 to 3 feet apart
Place the RMP approximately 2 car lengths behind the accident
Turn the front wheels of the RMP towards the curb
Prepare a Police Accident Report (PAR) MV10AN
This contains a section that requires you to give an opinion as to the factors that contributed to the accident (based on your investigation)
Prepare the top portion of Accident Information Exchange/Acknowledgment of Found Property and have the operators complete rest of form
If injuries, note if seatbelts were used and/or if airbag was deployed
Place Identification Tag (toe tag) if a person is unconscious removed to hospital
Personal injury bicycle accidents not involving a motor vehicle are reported on Aided Report Worksheet, not a PAR
Civilian Requirements for Reporting Accident
VTL Section 605 requires persons to report accidents where there is:
-Death
-Any injury
-In excess of $1,000.00 worth of property damage
Truck and Bus Supplement Accident Form (MV104S)
This form is used to report information about certain trucks, tractor trailers and buses involved in accidents
An MV104S + PAR must be prepared when 2 conditions exist:
Prepare a MV104S + PAR when:
1. The accident involves at least one qualifying vehicle:
a. Any commercial truck having a Gross Weight Rating or Gross Combined Weight Rating more than 10,000 Lbs.
b. Any vehicle displaying a hazardous materials placard
c. A bus designed to carry nine (9) or more persons, including the driver
2. The accident must result in one of the following conditions
a. At least one(1) person sustained fatal injuries
b. At least one(1) person was transported for immediate medical treatment
c. At least one(1) vehicle was towed/transported from the scene (other than for a flat tire)
Vehicle Not Requiring Insurance Cards (Acronym: TGIF)
Taxis, buses and other rented vehicles
Government owned Vehicles
Vehicles, operating under public service commission and the ICC
Certain Farm Vehicles
Leaving the Scene of an Accident
Property Damage Only = Traffic Infraction
Personal injury = Misdemeanor
Death or Serious Physical Injury = A Felony
In cases where a motorist has left the scene prior to police arrival:
-Transmit a description of the auto if known
-Prepare a Complaint Report Worksheet
The Offense: Leaving the Scene of an Accident
Department Vehicle Accidents (PG 217-06)
If you are involved in an accident while driving a department vehicle
-Request ambulance, if necessary
-Request operator, occupants and witnesses to remain until the Patrol Supervisor arrives
-Obtain the name, address, home and business telephone numbers of persons involved and witnesses
-Prepare “A Report of Motor Vehicle Accident” (MV104) not a PAR, in all cases
-If the officer is incapacitated, the Patrol Supervisor will prepare the Report of Motor Vehicle Accident, in addition to other forms
DARP Tow (PG 217-09)
Directed Accident Response Program
-Private tow companies on rotation basis remove vehicles involved in accidents
-Tow truck(s) are not allowed to respond to accidents unless called
-Summons and Report of Violation (LD6) for any unauthorized tow trucks
-Give information regarding vehicle = Color, body type, plate number
-Do not give make, model, and year of vehicle
-After 30 minutes, the officer will request C.U. to cancel the first tow company and to assign the next tow company in the rotation
Rotation Tow (Ro-Tow)
Private tow companies on a rotation basis remove and store vehicle from city streets
Vehicles must be unoccupied
Vehicles That Qualify for Ro-Tow (Acronym: ARAVED)
Auto alarm ringing and unable to disconnect
Recovered Stolen
Apparently Abandoned
VIN missing or illegible
Expired NYS Registration over 60 days or missing registration sticker
Driveway Tow
Vehicles not qualifying for Ro-Tow
Derelict
Owner Recovers
Truck/Motorcycle
Investigation
Forfeiture Proceedings
Commission of Crime
Highway, Bridge, Tunnel
Arrest made, Vehicle Seized
Safeguard
Evidence
Determine true owner
Other Types of Tows
Franchise Tow- (Authorized Tow) companies having contract with city to tow from highways, expressways, bridges etc.
Sanitation Tow- Sanitation Department tows derelict autos
Department Tow- NYPD tows vehicles:
Investigations, forfeiture, commission of crime, arrest, safeguard, evidence, determine owner
Fraud and Staged Accidents
What to look for:
-Minor accident and all occupants are claiming injury
-No debris at scene but heavy damage to scene
-Different accounts of how accident happened
-Post box is used as an address for occupants
Summonses
Defintion: A written accusatory instrument issued by a public servant, which charges a person with committing a specific offense
A summons will also instruct the violator when and where to appear in court
Summonses General
Qualities of a Summons
Violators 16 years old or more, except if violator is unable to care for self due to illness, injury, intoxication or any other reason that precludes the issuance of a summons
-Issued in lieu of arrest
Laws, Codes, and Regulations
-NYC Administrative Codes
-NYC Health Code
-NYC Traffic Regulations
-General Business Law
-NYS Vehicle Traffic Law
-NYS Tax Law
-NYS Penal Law
All Penal Law Violations Except:
Criminal Solicitation
Failure to respond to an appearance ticket
Appearance in public under the influence of narcotics or a drug other than alcohol
|Type |Returnable to: |
|Parking |NYC Department of Finance |
| |Parking Violation Bureau |
|Traffic |NYS Department of Motor Vehicles Traffic |
| |Violation Bureau |
|Criminal |NYC Criminal Court |
|Environment Control Board |ECB |
|Transit Adjudication Bureau |TAB |
Obtained from the Desk Officer
Prepare in Numerical Order
Do not use military time
Use black ink only
Do not cross out
*One violation per summons
*Prepared in error, bring parts to Commanding Officer
Do not write on side margins
Activity Log Entries
Completed Summonses placed in designated Receptacle at Command
7 Steps to Preparing Summonses
Observe the violation
Prepare the appropriate summons
Issue copy of summons to violator
Activity log entries
Complete Certificate of Summons Served Card
Submit copy at command
Be prepared for courtroom testimony
3 Goals
Prevent accidents, protect life and property
Maintain safe and expedient traffic flow
Ensure compliance with state and local traffic regulations
**Under no circumstances may you issue a person service summons to an Unidentified Violator
Traffic Summons
When issuing traffic summons:
-Inform violator
-Request driver’s license and insurance card
-Do license check using – MDT
-Prepare a personal service summons
-Ask motorist to sign summons
-Give motorist – “motorist copy”
-Activity Log/Certification Card
Some Common Offenses:
-Speeding
-Disobeying signs
-Failure to yield the right of way
-Improper passing
-Seat Belt Law Violation
-Operate Cell Phone While Driving
Elements of a NYS Driver’s License
9 Digit ID # Red Highlighted Sections Include:
Date of Birth -Under 21 years old
Name and Address -Date of Birth if Under 21
Sex -Conditional use
Eye Color -Restricted Use
Height -Expiration Date
Class
Endorsement
Restrictions
Date of Issuance
Date of Expiration
NYS Registration Information:
-Vehicle Identification Number (VIN)
-Vehicle plate check digit
-Body Type
-Plate number
-Expiration Date
-Vehicle make and year
**New York State law no longer requires drivers to present a registration card
Vehicles Exempt from Carrying Insurance Card (Acronym: TGIF)
Taxis, buses and other rented vehicles
Government owned Vehicles
Vehicles, operating under public service commission and the ICC
Certain Farm Vehicles
Mandatory Drivers License Checks
-Whenever RMP is equipped with MDT
-Traffic accidents involving death or physical injury
-Vehicle operator does not present a NYS Driver’s License
-Other situations that require further investigation
-Remove violator to command if doubt concerning identity exists
-Prepare only one summons per violation
-If multiple offenses arise from a single traffic incident, each summons is returnable to their respective court, then make all summonses returnable to criminal court
-Request violator to sign bottom of the summons
Activity Log Entries Include:
Description of offense
Summons Number
Violator’s name
Violator’s Date of Birth
Type of ID presented and serial number
Make and model of Vehicle
Number of passengers in vehicle
20 Most Hazardous Violations
Failed to yield the right of way to vehicle
Following too closely
Speeding
Reckless Driving
Improper Turn
Fail to obey traffic signal
Disobey sign
Improper Passing
Fail to yield right of way to pedestrian
Backing unsafely
Fail to keep right
Driving While Intoxicated
Defective Brakes
Unlicensed Operator
Driving while ability to operate is impaired by alcohol or drugs
Failure to wear seatbelt, use of child safety seat
Spillback
Use of a cellular telephone while driving
Disobey pavement markings
Overtaking and passing a school bus
“B” Summons General
-License plate cover violations issued to NYS plates only
-If violator destroys or discard his/her copy of summons, Police Officer may issue a “C” summons for Littering
-Persons riding bicycles on public streets subject to many of same laws as drivers
-The word bicycle will be entered on portion of summons asking for year and make of vehicle
Note: Juvenile Report will be prepared for Traffic Infractions age 7-15
General Traffic Provisions
White Lines: Separate lanes of traffic moving in same direction
Yellow Lines- Separate lanes of traffic moving in opposite direction
Single Broken Line- Motorist may pass if crossing will not interfere with traffic
Single Sold White Line- A warning line motorist should not pass but may if conditions require
Double White Line- Motorist may not change lanes if the line is solid
-If above line is broken they may pass if traffic permits
Double yellow Line- Motorists may not pass but may turn in or out of driveway or alley
-Cross to make legal U-turn
Failure to Stop for School Bus (VTL 1174, Sub A)
-Driver of Vehicle must stop before meeting or overtaking, from either direction
-School Bus that has stopped for purpose of receiving/discharging school children and…
-Has in operation a flashing red signal and/or stop sign
-Driver may not proceed until bus resumes motion or until signaled by bus driver
Unlawful Use of a Handheld Cellular Phone by an Operator of a Motor Vehicle
No person may operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion
-Excluding emergency situations
Seat Belts
Rules Regarding Seat Belts:
-All passengers under 4 years old must be restricted by a car seat
-Passengers under 4 years old but over 40 pounds must be in a booster seat (chunk child)
-All passengers over 4 years old but under 7 years old must be in a booster seat
-All front seat passengers must wear seat belts
-Seat belts are optional for real seat passengers 16 years or older
-Each adult Violator gets a summons
-If a juvenile violator (less than 16) the operator gets the summons
Seat Belts
Exemption from Safety Belt Rules
-School Bus Passengers 4 years or older
-Authorized Emergency Vehicles
-Taxis
-Liveries
-Buses other than school buses
-1964 or older model vehicles
Motorized Scooters
The operator of a motorized scooter or skateboard on the streets of NYC is a VTL violation
Violation may be issued summons or arrested
If violator is juvenile, prepare Juvenile Report (instead of summons) and…
Seize the device as arrest evidence
Criminal Court Summons
When issuing a summons returnable to Criminal Court:
-Personally observe violation
-Inform the violator
-Request proper ID
-Do a warrant check through communications (10-18 positive) (10-19 negative)
-Complete the front copy of a person service summons
-Complete the reverse side labeled “Criminal Court Information” describe
violation in your own words
-Sign and Date the summons
-Ensure that the return date, time and specific summons part is indicated on the
summons
-Give the Violator (defendant) the appropriate copy
“C” Summons
-A summons with properly completed “information” section will eliminate the need for the issuing officer to appear in court on the return date
-When preparing this section you must indicate the specific actions of the offender
Incorrect: “The defendant committed the offense of disorderly conduct”
Correct: “AT TPO the defendant sat in the roadway. Thereby obstructing vehicular traffic. When asked to leave, the defendant refused.
Disorderly Conduct Summonses
When UMOS is the complainant:
-Request the Patrol Supervisor whenever physical force or restraint was used. It was necessary to search or handcuff violator
-Violator was placed in, or transported from the scene, in a Department Vehicle
-If Patrol Supervisor not available, remove Violator to command, Desk Officer will determine validity of charge
“C” Summons
-When issuing a “C” summons to individual age 16 or 17: (PG 209-33)
-Attempt to notify parent/guardian
-Do not detain individual solely for purpose of making this notification
-Deliver photocopy of summons to Precinct Youth Officer
-Write notification information on photocopy of summons
-Do not write on actual summons
Parking Summons
When issuing a Summons returnable to the Parking Violations Bureau
-Conduct a brief investigation to see if vehicle is stolen, abandoned or derelict
-Possible stolen Vehicle indicators:
-Old Summonses
-Vehicle Damage (Broken Window)
-Location unusual for vehicle
-Police Officers observation or other information
When issuing a summons returnable to the Parking Violations Bureau:
-For New York Sate vehicles take information from registration stickers on windshield
-For out of state vehicles, information is based on visual observation of vehicle, N/A is used in dismissal of the summons
Omission or Mis-description of the following will result in the dismissal of the summons:
-The location
-The plate number
-The expiration Date
-The make of the vehicle
-The model of the vehicle
-The operator’s name if present
-You may issue up to three (3) summonses to a parked vehicle per day
-No summonses for abandoned or derelict vehicles
-Make activity log entries and complete captions on the certificate of parking summons
Never Summons:
Abandoned Vehicles:
-No plate for more than 6 hours on highway or other public place
-Public street more than 7 days consecutive
-More than 96 hours on property of another with out ownership permission
Derelict Vehicle
-Motor Vehicle so dilapidated, burned out, stripped, vandalized with no apparent use other than scrap
In other words: a P.O.S.
Diplomatic Vehicles
-Plate issued by the United States Dept. Of State
-3 types: Diplomat, Consul or staff
-Staff “S” Vehicle no parking immunity
-Diplomat “D” and consul “C” summonsed for violations crediting safety hazards
-Double Parking -Fire zone/hydrant
-No standing/stopping -bus stop
-Parking in crosswalk/on sidewalk
NYC Special Parking Permit
-Issued to people with certain disabilities
-Used on city streets
-Allowed to park at:
-All no parking areas, EXCEPT taxi stands
-No standing except trucks loading and unloading areas, EXCEPT IN THE GARMENT DISTRICT (MANHATTAN)
-No standing/Stopping signs
-Fire hydrants, bus stops, taxi stands
-Crosswalks, driveways, sidewalks
-Garment District, Cross Town Street
ECB Summons
ECB adjudicates violations under:
-Health codes
-Parks dept rules
-General and Food vending codes and rules
-Canine Waste Law
-Noise code and rules
-Sanitation code
-Sewer code and rules
-Water code and rules…
ECB summonses are returnable to ECB ONLY
ECB summonses are considered a civil matter
No arrests made for violations returnable to ECB
“C” summonses are not issued for ECB Jurisdiction violation
If an ECB and a “C” summons are issued stemming from the same incident, different return dates must be given
ECB Return Dates
21 days if food or property is removed
30 to 37 days if no food or property is removed
Canine Waste Law
-Blind persons not summonsed
-Discretion used with elderly and handicapped person
TAB Summons
A Transit Adjudication Bureau (TAB) summons is issued for violations of the NY Code of Rules and Regulations (“1050” codes) occurring in the transit system
-Fare Evasion
-Drinking alcohol in subways
-Smoking on subway train
-Occupying more than 1 seat etc.
Officers ASSIGNED TO TRANSIT ISSUE TAB summonses
Officers assigned to Precincts may issue a “C” summons to violators on the transit system returnable to criminal court
If property is to be confiscated a “C” summons will be prepared
If a TAB and a “C” summons are both issued different return dates given
Traffic (TAB) Instructions on BACK of summons
Criminal- as per daily FINEST message
Parking- Instructions on Summons
ECB- 21 days if food or property is removed; 30 days if no food or property is removed
TAB- 28 days from date of issuance “Return dates will not be weekends or holidays”
Maintaining Public Order
NYC Marshall
-Enforces Monetary Judgments
-New York State Family Court
-New York State Supreme Court
Appointed 5 years
-Badge/ID (B.O.M.)
-Peace Officer if firearm trained
-Must be bonded
NYC Sheriff
-Enforces civil court judgments
-Enforces monetary judgments
-NYS family court
-NYS supreme court
-Passes badge and ID
-Peace officer
Legal Issues: Sheriffs and Marshals
OGA 2nd
Criminal Impersonation – Misdemeanor
Both must have court order
Expire with in 60 days
Warrants of Eviction
Past judgment order
-Monday to Friday 800-1700 hours
-Tenant gets 72 hours written notice (not including Saturday/Sunday)
-Landlord/Rep must be present
-May break in
Warrants of Eviction: UMOS Responsibility
-Do not assist in breaking in
-Preserve the peace
-Remain on scene until all belongings are removed
-cannot leave on sidewalk
-Bonded moving van- to Warehouse/Dept of Sanitation Warehouse
Unlawful Eviction
Lawful Tenant
-30 or more consecutive days
-Lease
-Hotel/Rent Stabilization Law and requested a lease
Residential Property/Dwelling Unit
-Not residential
-Hospitals, convents, public institution, government owned housing (NYCHA)
Signs of Unlawful Eviction
-Changing locks
-Use/Threaten use of force
-Cut of Essential Service
-Remove entrance door
-Remove possessions
-Serious Building/Health code violations
-Penalty:
-“A” Misdemeanor
-If allow tenant to return = Summons
-If no ID/Not allow tenant to return = Arrest
-No DAT/No Prints
Unlawful Eviction and Family Disputes
-Unlawful evicted by a family member
-UMOS does not have to force landlord to let tenant back in if possibility of violence exists
Orders to Seize Property
Court order to seize property
Monday to Friday 0800-1700 hours
May break in if so stated
Responsible for damages
Marshall/Sheriff may seize the property or property of equal value
Orders to Seize Property: UMOS responsibilities
-Preserve Peace
-Check ID/Valid Court Papers
-Accompany them into premise
-Explain procedure and OGA
-Record all property taken
-Remain on scene till done
-Respondent interferes notify Desk Officer and Patrol Supervisor before taking action
-Complaints against Marshals= DOI BOM
-Complaints against Sheriffs= Insp. Gen. of Sheriffs Department
-Eviction of Disabled/Elderly with out care
-Ascertain if notification to Social Services made, if not, stop the eviction
-Never assist in breaking into the premise
-Never assist in seizing or removing property
Civil Court
NYC Civil Court- Small Claims Part - $0.00-$3,000
NYC Civil Court- Any amount up to $25,000
New York State Supreme Court, civil part- Any amount usually more than $25,000
Civilians Repossessors
May take property so long as there is no breach of peace/Violation of law
Person Property Law
Scofflaw Vehicles
-Legally parked vehicles may be seized for non-payment of parkers
-NYC Sheriff
Patrol Conditions
-Taxi Disputes
-Must obey NYC TLC
-Chauffeur’s license
-Trip record
-Rate Card
-If Police officer can’t solve dispute = Desk Officer
Police Media Relations
Assistance or access given unless:
-Safety
-Interferes with Police Officer operations
-Rights of the accused
Release of Information to Press
After Arrest:
-Name, age, residence
-Charges
-Arresting Agency
-Circumstances surrounding the arrest
Other questions- refer to co Det. And DCPI
Do not release identity of:
-Juvenile Delinquents (Juvenile Offenders OK to give out)
-Complainant less than 16
-M.A.N. Child
-Victims of Sex Crime
Do not release home address/telephone of:
-Police officers
-Complainants
-Witnesses to a Crime
Media and Demonstrations
Do not interfere with video/photos in public places
Do not stop Media’s access to demonstrations or private property
Do not arrest for criminal trespass unless owner wants
Ranking Officer determines Media’s access
No access to interior crime scenes
Can cross Police/Fire lines
Discarded Refrigerators
And other self-locking containers:
-Objective is to prevent kids from locking themselves in and/or suffocating
-Direct person responsible, if known to remove door, door latch and door stop
-If owner is known and refuse to comply, arrest for Criminal Nuisance the Misdemeanor (PL 240.35)
A. If owner is unknown, UMOS remove the door, door latch, if tools are available
B. If UMOS is unable to make device safe, request ESU via police radio
1. Make an Activity Log entry of Facts, including the name of ESU officers responding
Care and Disposition of Animals
-Animals Uncared for
-Contain in a portable Kennel
-May be transported via RMP to the center for animal care and control
-The kennel containing the uncared animal must be placed in the rear seat of the RMP
-Never place an animal in the trunk of an automobile
Demonstrations
Demonstrators are allowed under the first amendment
NYC can regulate; Time, place and duration of demonstration (permits granted by the City)
The Commanding Officer will determine the number of Demonstrators
Right to destroy or burn American flag (NYC Admin Code ‘Open Fire’ may be enforced)
Procedures:
Protect demonstrator’s rights and unobstructed passage of non-demonstrators
Ex. Barriers
Arrest made if obstruction of Vehicular or Pedestrian Traffic occur
Decision on where demonstrators march will be conducted by ranking supervisor at scene
Demonstrators in Commercial Areas:
Most demonstrations take place here because largest amount of people hear message
Residential Areas:
Used when particular Area is the focus
If unreasonable noise, disorderly conduct may apply
Civil Disorder and Riots:
Key – Rapid mobilization to avoid full scale riot
-Handle Disorderly Group
-Respond to key positions
5 types of Disorderly Groups:
1) Casual: Not disorderly Temporary Crowd- No common interests
2) Expressive: Disorderly, Terror or Revelry
3) Acquisitive: Disorderly, looters
4) Escape: Disorderly, Frightened and in flight
5) Aggressive: Disorderly, rioters/terrorizes
Categories of Disorderly Groups
Category 1: Hostile, ready to engage in disorder, frustrated/angry- start riots
Category 2: Non-Violent, will engage in riots
Role of the Police Officers in Civil Disorder
Need Rapid, controlled response to prevent small disturbance from growing
Do not drive through disorder to get to mobilization point
Objective- Isolate/Contain, Secure problem areas, dispense, demoralize
Team Assignments
Team- 8 Police Officers, 1 Sergeant
Crowd Dispersal
Mobile Response
Arrest Duty
General Patrol
Protecting Problem Locations
Escort Duty
Offenses Relating to Civil Disorder:
Disorderly Conduct
Type Violation
CMS Intentionally, Recklessly
Definition: A person intentionally or recklessly creates a risk of public inconvenience, annoyance or alarm in one of seven ways: (Acronym: FUR HOOD)
Fighting or Violent or threatening behavior
Unreasonable noise
Refusal to comply with a lawful order to disperse (3 or more)
Hazardous or physically offensive condition
Obscene language or gesture
Obstructs Vehicular/Pedestrian Traffic
Disrupts a lawful assembly
Note: “ROO” must be in a public place
Unlawful Assembly
Type: Misdemeanor (1 &4)
Definition: When a person and four others:
1) Prepare to engage in violent or tumultuous behavior likely to cause public alarm or
2) Being Present at an assembly which either has or develops the purpose of engaging in violent behavior
Inciting to Riot
Type: Misdemeanor (1 with 10 or more)
Definition: A person engages ten or more people to engage in violent conduct which will likely cause public alarm
Note: Only the one person will be arrested
Riot
Type: Misdemeanor (1&4)
Definition: A person plus four others engage in violent or tumultuous behavior AND
Intentionally or recklessly cause a grave risk of public alarm
Riot
Type: Felony (1 with 10 or more)
Definition: Person plus ten or more people engage in violent/tumultuous behavior AND
Intentionally or recklessly cause a grave risk of public alarm AND
Cause Physical Injury to non-participant or cause Substantial Property Damage
Quality of Life
Origin of Quality of Life Policing:
“Broken Windows”
-Theory introduced which states that when low level quality of life offenses are tolerated more serious crimes…
Environmental Psychology
-Study human nature in ways that make it possible to assure that environmental conditions help people to be decent
-Themes include attention, preferred environments, environmental stress and coping and participation
-Police Strategy number 5
-Move NYC toward a “decent society”
-Improve quality of life and reduce disorder
Quality of Life Offenses
1. Padlock Law Program PG 214-01
2. Narcotics Eviction Program PG 214-02
3. Graffiti Reward Program PG 214-03
4. Chronic Abuser Alarm Procedure PG 214-08
5. Unlawful Posting of Signs PG 214-10
6. Enforcement Activities Regarding Obscenity PG 214-11
7. Public Display of Offensive Material PG 214-11
8. Unlawful Evictions PG 214-12
9. Evictions, Repossessions, and Civil Processes PG 214-13
10. Driveway Tow Program PG 214-14
11. Weekly Street Conditions and Highway Conditions PG 214-22
12. Unnecessary Noise Violation PG 214-23
Tools Used to Enforce Quality of Life Issues
Criminal Court Summons
Intelligence Reporting
-Two conditions to be met:
1) Suspected/Receiving Information regarding ongoing criminal activity
2) Unable to effect a summary arrest
Responsibility of Intelligence Reporting
-Obtain Information
-Notify Intelligence Division
-Obtain log number and member notified from Intelligence Division
-Activity Log entries
Gang Activity
-Notify Patrol Supervisor and Intelligence Division
-Prepare 61 and/or OLBS if appropriate
Used when a traffic condition is observed and is not immediately correctable
Procedure:
-Prepare Traffic Intelligence Report
-Submit completed Traffic Intelligence Report to:
Traffic Safety Officer (precinct of occurrence) or Highway Unit concerned if condition observed on limited access highway
Red Light Violation Monitoring Program:
-Issuing summonses
-Red light cameras
Arrests for DWI
-DWI checkpoints
-Strict enforcements of NYS VTL
ECB (Environmental Control Board)
-Administrative tribunal adjudication violations
-Encompasses:
-Sanitation Violations
-Vendor Violations
-Environmental Issues: Air, Water, Noise pollutions and other serious
health and safety concerns
-Conduct hearings and levies fines
-Governed by 13 member board
-Police empowered to issue this agency’s form of summons the
Environmental Control Board-Notice of Violation and Hearing (ECB Summons)
Civil Enforcement Unit
-Uses Nuisance Abatement Laws to combat crime
-Work with precinct Commanders
-Obtains closing orders for commercial property operated by drug dealers
-Retain attorneys to fight crime
-Attorneys litigate civil actions such as Nuisance Abatement and forfeiture as a
response to crime and quality of life offenses
Laws and Codes
Public Consumption of Alcohol
-C Summons or Arrest
Noise Pollution
-Hard to enforce
-MOS determines if noise is unreasonable
-Sources of noise:
-Portable Radios
-Motor Vehicles (sound systems, mufflers, alarms, motorcycles)
-Parties and Clubs
Taxi Safety Standards
-Taxi Drivers Must:
-Have Chauffer’s license
-Obtain TLC license
-Pass English test
-Submit fingerprints for background check
-Graduate from Taxi school
-Pass final exam
Reckless Operation of Bicycle
-Subject to the same traffic regulations as motor vehicles
-Commons summonses for cyclists:
-Disobey red lights
-Stopping in crosswalks
-Riding on sidewalk, subway platforms
-Going wrong way down one way streets
-Failure to yield to pedestrians
Scooter Helmet Laws
-All persons under 14 required to wear a helmet when operating foot-propelled scooter
-Summonses not issued to violator
-Summons may be issued to parent/guardian if:
-Parent/guardian is 18 or older
-Violation occurs in their presence
Aggressive Panhandling
-Administrative code offenses (10-13)
-Prohibition against certain forms of aggressive panhandling-Misdemeanor
-Aggressive Manner Panhandling
-Non-Aggressive but illegal panhandling (ie: banks, check cashing, business, ATMs)
-Panhandling from occupants of motor vehicles on streets
Non Aggressive Squeegee Cleaners – Illegal window washers
-Enforcement may consist of:
-Arrests for traffic offenses
-NYC Traffic Rules and Regulations Sec 4-04 (E3) specifically prohibits illegal window washing of occupied vehicles or city streets
-Disorderly Conduct PL 240.20 (5): blocking vehicle traffic
-Harassment 2nd Violation PL 240.20: Threatens a motorist
Graffiti
Graffiti Offenses:
-Possession of Graffiti Instruments
-Making Graffiti
-Unlawful possession of aerosol/indelible marker
Enforcement for Graffiti Offenses:
-Administrative Code or Penal Law
-C Summons or Arrest
-ECB summons
Peddlers
Addressed by issuance of ECB Summons
-License Required (20-453)
-Display of License Food Vendors (20-161)
-Licenses, Permits required, Restrictions (17-307)
-Display of license or plate
Vender’s Property
-Some violations require removal of goods
-Remove to stationhouse and voucher accordingly
Parks
-NYC Parks Rules and Regulations
-Regulates use and enjoyment of public parks
-Violation of Rules and Regulations are a misdemeanor. C Summons may be issued
Violations are as follows:
-Disorderly Behavior (104-L)
Loitering (104-M)
Solicitation (104-R)
Panhandling (104-S)
Vendors (104-B)
Alcoholic Beverages (105-F)
Motor Vehicles (105-N)
Patrol Operations
Roll Call (PG 212-01)
-Conducted by supervisor
-daily assignments
-Special conditions
-Inspection of officers
-Precinct level training
Interrupted Patrol (PG 212-10)
MOS on patrol enters stationhouse for specific reason…
-Report to Desk Officer
-State Reason
-Inform Desk Officer of Departure
End of Tour (PG 212-03)
-Hand in completed forms/reports
-Return Equipment
-If on pose which requires relief:
Notify Desk Officer 1 hour before End of Tour
-If performing duty which requires overtime:
Notify Desk Officer of condition
Patrol Precinct
Foot Post (PG 202-21)
-Heavy public contact
-Report unusual conditions to Patrol Supervisor
-Don’t leave post except for meal
Notify Telephone Switchboard Operator at the beginning and end of meal
Police Officer Duties and Responsibilities
-If assigned to School/Church cross post:
-Ring Telephone Switchboard operator before and after condition
-Do not ring Telephone Switchboard operator if assigned to traffic post
-Ring Desk Officer between 0200 & 0700 hours
-Meal starts and ends on post/sector (no travel time)
-Notify telephone switchboard:
-At start and end of meal
-Of location of meal
-Submit Monthly Activity Report by 3rd day of each month
Sector Car Patrol (PG 202-22/23)
-Sector Team consists of Operator and Recorder
-Team must switch duties at 4th hour of tour
-RMP Operator:
-Driver of RMP
-Inspects RMP before tour
-Activity Log entry of RMP condition
-Notify Desk Officer of major RMP repair needed
-RMP Recorder:
-All Radio communications
-Prepare all reports
-Coordinate security when transporting prisoners
-Notify central when transporting (time, gender…)
-Sector Team:
-Do not leave sector unless instructed or emergency
-Respond to emergencies with in 5 blocks
Police Service Area
Confines of NYC Housing Authority
Vertical Patrol 2 Types (PG 212-59/60)
-Top to Bottom walk through building
-usual for purpose of:
-Preventing Criminal Activity
-Inspect for dangerous conditions
-2 Types:
-Directed Vertical Patrol
-To take corrective action
-Lost Child
-Search for criminal(s)
-Random Vertical Patrol
-Routine Patrol
-Search Area includes:
-Lobby, Roof, Elevators, basement, hallways, stairs…
Note: Before entering for vertical, notify central of location (Radio Code 10-75V)
Elevator Jobs (PG 212-28/60)
Unoccupied:
-Notify Housing Maintenance
Unoccupied and Dangerous:
-Notify Housing ESU
Occupied
-Notify Housing and NYPD ESU
-Do not attempt to remove stuck passengers
Field Reports (PG 207-29)
Used to report corrective (non-criminal) action on property of NYCHA
-Disabled elevators
-Noise complaints
-Disputes…etc.
NYCHA Trespass Notice Program
Any person arrested for Felony Sale of Controlled Substance/Marijuana on a Queens/Brooklyn NYCHA development is permanently excluded from entering all NYCHA property
-When affecting an arrest for felony sale of Controlled Substance/Marijuana on development:
-Prepare NYCHA Trespass Notice
-Get log # by calling Housing Bureau Wheel
-Have defendant sign and date notice
-Make 4 copies of notice
-Serve defendant w/ one copy
-Remaining 3 copies to the Desk Officer
After being served with notice defendant will not be allowed in any NYCHA area other than their resident building and common areas of that development
Note: Common areas include most areas with in the resident’s development but do not include apartments other than their own
Transit System
Inspect bathrooms, stairways, token booths, etc.
Visit each station on post
Prevent persons unable to care for them selves from entering
Removal of Power from Transit (PG 212-24)
-Situations regarding imminent danger
-Power box located in subway tunnel (Blue Light)
-Notify Radio Dispatcher
Ejecting Passengers from Systems (PG 212-20)
-May eject for Violation of NYCRR Part 1050
-Give passenger opportunity to leave
-Police Officer may use necessary force
-Prepare Transit System Ejection Report
Revenue Escort (PG 212-25)
-Protection for the Transit Clerk when removing money from booth
-Report to booth 5 minutes before scheduled time
-Walk approximately 5 feet behind clerk
-Keep hand on firearm
Fire Scenes (PG 212-58)
-Protect life and property
-Ensure Alarm has been sent
-If assisting with evacuation, ensure competent person is outside to direct responding personnel
-RMP must not block Fire Department Vehicles
-Police Lines at fire scenes, the following persons are allowed to enter:
-Mayor (and mayor vehicle)
-Government Agencies performing duty
-Police/Fire Vehicles
-Ambulances
-Mail Vehicles
-Prisoner Transport Vehicles
-Persons holding press cards
Vacate Orders (PG 212-13)
Generated after premise deemed hazardous
-Residential or non-residential
Assisting in evacuation of Residential Building MOS will…
-Verify ID of Representative
-Obtain reason for vacate order
-Assist if danger of collapse
-Notify Operations if Emergency
-Request Patrol Supervisor
-Remain with Agency Representative until evacuation complete
Encountering other Law Enforcement Officers (PG 212-33*)
May be on or off duty
Uniform Officer is in charge
Procedure to follow:
-Verify ID (Via ID card)
-Determine if person is armed
-Request Patrol supervisor
Threats to MOS (PG 212-31)
If received via telephone (Telephone Switchboard)
-Phone number of phone threat received
-Time of Call
-Name of threatened officer
-Manner/Reason of threat
-Is threat related to Prior Arrest?
If Threat is Receive in Writing:
-Avoid handling letter
-Place letter in Plastic Security Envelope
-ID Postal Employee who delivered
If Threat is received via Fax:
-Record time of receipt
-Phone # of Receiving machine
-Obtain transmission report
If Threat Made in Person:
-All information from person making threat
-ID MOS being threatened
-Motivation of Threat
-Pedigree of Person Making Threat
Miscellaneous Stationhouse Operations
Police Cell Attendant (PG 202-40)
Remove and Safeguard firearms prior to entering cell area
Search/inspect prisoners
Remove dangerous items
-Document inspections on Prisoner Roster every 30 minutes
-Male attendant must have Desk Officer Permission to enter female cell
-Female Police Officer must accompany
Domestic Preparedness
Examine relevant Patrol Guide procedures (212 37/40)
Terrorism
From Title 22 U.S. Code Sec 2656 F (D)
Premeditated politically motivated violence perpetrated politically against non-combatant targets by Sub-national groups or clandestine agents usually intended to influence an audience
As defined by FBI
The unlawful use of force or violence against persons or property to intimidate or coerce a government, the civilian population or any segment thereof in furtherance of political or social obligation
Explosive Device (P.G. Sect 212-40)
Any article detonated by mechanical or electrical means which may possibly contain chemical, gas, liquid, a fire, explosion or other chemical reaction and is intended to inflict injuries to people or damage to property
Weapons of Mass Destruction
As per title 18 US Code 2332 A:
Any weapon that is designed or intended to cause death or serious bodily injury through the release or dissemination of toxic or poisonous chemicals or their precursors. Also involving the release of diseased organisms, radiation or radioactivity
Bomb Threat (PG 212-40)
Any communication written correspondence or telephone call received by the public or a member of the service, indicating that an explosive device has been or will be placed at a particular location
Terrorist Groups
Terrorist Groups are motivated by a variety of factors:
-Religious Beliefs
-Ethnic Ideology
-Political Viewpoint
-Nationalism
-Warfare
-Social or Economic upheaval
Outside the United States:
Hamas- (Islamic Resistance Movement)
-Formed in 1987
-Located in Middle East (Israel)
-Goal is the establishment of a Palestinian state in place of Israel
-Responsible for many current suicide bombings in Israel
Hezbollah- (Party of God)
-Formed in Lebanon
-Dedicated to the creation of an Iranian style Islamic Republic in Lebanon
-Believed to be responsible for bombings of US Marine Barracks (Beirut
1983) and US Embassy (Beirut 1984)
Al-Qaida- (The Base)
-Established by Osama Bin Laden around 1990
-Responsible for Embassy bombings in Tanzania, Kenya, Nairobi
Inside the United States:
Hate Groups:
-Some 457 Active Groups in U.S.
-Some have merged together
-Distrust of government
-Anti-Semitic, Racist, Right wing…
-Para-Military Training
Cult Groups:
-Devotion to a leader or ideology
-Element of spirituality
-Can be violent/suicidal
-AUM SHINRIKYO: cult responsible for nerve gas attack in Tokyo
Subway (1995)
Single Issue Groups:
-PETA
-Green Peace
-Anti-abortion groups
Lone Individuals:
-Timothy McVeigh (Oklahoma City Bombing)
-Ted Kaczynski (The Unabomber)
Weapons of Mass Destruction
Nuclear:
Difficult to produce
Expensive to build
Harder to conceal
Note: Easier to produce a dirty bomb capable of spreading radioactive material
Chemical/Biological:
Easier to produce than nuclear weapons
Can be deployed over a large area by the wind
Will cause panic, injuries and widespread insecurity
Easier to conceal
Explosives:
Least expensive to produce, assembler and deliver
Need only a basic knowledge of chemistry to make…
80% of all terrorist acts in the US involve explosive devices
Targets:
Government Buildings – City Hall
Symbolic Targets – Statue of Liberty
Out-Door locations – Olympic village…
Critical Infrastructures – Utilities, communications, financial institutions…
First Responders:
NYPD, FDNY, EMS…
Police Officers:
Responsibility to the public
-Gather all victims into groups
-Keep families together
-Direct Victims whoa re able to move to locations where medical care is available
-Maintain crowd and traffic control
-Give special attention to children/elderly who may be more susceptible to toxic
effects of chemical weapons
-Use protective equipment and follow decontamination procedures
Responsibility to the scene:
-Act to ensure personal safety
-Preserve evidence
-Inform other responders as to location of evidence
-Look for secondary devices
-Avoid handling devices
Three (3) C’s
Communication- Concise and understandable transfer of information
Coordination-Between various responding agencies
Cooperation- To minimize injury, damage and inconvenience
Personal Safety
Three (3) factors to reduce the risk of exposure to WMDs
Time- Minimize amount of time in affected area
Distance- Maximize distance from contaminated materials
Shielding- Use protective equipment to keep harmful material away
Codeword R.A.I.N.
Recognize agents/devices
Avoid hazardous materials
Isolate by establishing control zones and decontaminating areas
Notify the appropriate agencies/authorities
Protective Equipment
Personal Protective Equipment (PPE)
-The types of PPE issued to a UMOS will depend on the specified duty the UMOS performs
-There are four (4) levels of PPEs (LEVEL A-D)
Level D- Duty uniform with out any respiratory protection
Level C- Uses an air purifying respirator (APR)
Level B- Uses a suit that provides protection against liquid agents
Level A- Uses a vapor tight suit and a self-contained breathing apparatus
Bomb Threat (PG 212-40)
Upon arriving at the scene of an unattended article/container:
-Interview complainant and witnesses if present
-Attempt to determine owner of article or property
-Have owner retrieve property
-If owner can not be found comply with procedures for suspected explosive
devices
UMOS at the scene of a suspected bomb should:
-Evacuate the area
-Notify Communications Unit via landline (NO cell phone)
-Request Response of:
-Patrol Supervisor
-ESU
-*Duty Captain*
Have Operations Notified
Additional Procedures:
Patrol Supervisor will organize a search of area
-Will discontinue the search twenty (20) minutes prior to time of detonation if location is unoccupied or evacuated
-Resume search one (1) hour after time of detonation
Haz-Mat (PG 212-37)
When a UMOS responds to the scene where a hazardous material has been released:
-Notify:
-Desk Officer
-ESU Supervisor and Personnel
-Highway District Motor Carrier Safety Unit
-UMOS in charge at the scene:
-Establish a Frozen Zone:
Outdoors- 300 feet from Haz-Mat materials/spillage
Indoors- evacuate the room in which material is located
Tanker/Military shipment- extend frozen zone 300 feet in radius
-Frozen Zone involving Hazardous Materials Explosions or Fire
Outdoors- Evacuate 1,000 feet from explosion and at least 300 feet
from fire
Indoors- Extend frozen area to all areas or rooms where a person
may be exposed
Hazardous Materials
Different Types:
-Explosives
-Corrosives
-Poisons
-Biological Agents
-Radiological Agents
-Flammable Agents
Can affects body by:
-Absorption- through the skin
-Inhalation- through the nose/mouth into the lungs (Most rapid route of entry)
-Ingestion- Hand to mouth contact
-Injection- From sharp objects
Indicates of Terrorist Activity
Possession of:
Multiple sets of ID
Multiple prepaid international phone calling cards
Keys or receipts for storage facilities
Documents related to different professions
|Possession of Marijuana is a Violation unless… |
|Public View (Misdemeanor) |
|Over 7/8 ounce (Misdemeanor) |
|Over 8 ounces (Felony) |
|Sale of Marijuana is a Misdemeanor unless… |
|Over 7/8 ounce (Felony) |
|Selling to person Under 18 (Felony) |
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