«Insert LE Agency» Law Enforcement Policies & Procedures ... · PDF fileLaw Enforcement Policies & Procedures with Associated Forms ... 4.13 Uniforms 4.14 Light Duty ... 5.29 Special

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«Insert_LE_Agency» Law Enforcement Policies & Procedures

with Associated Forms

TABLE OF CONTENTS

0.00 Blank Policy Format

1. Introduction:

1.00 Glossary of Terms 1.01 Letter from Agency Head [Sample] 1.02 Receipt for Policies & Procedures Manual 1.03 Policy & Procedure Management System 1.04 How to Use This Manual 1.05 Request for Review or Comment 1.06 Suggestion Form

2. Mission & Objectives:

2.01 Mission Statement 2.02 Objective Statements 2.03 Management Philosophy & Goals 2.04 Delegation of Authority 2.05 Orders & Instructions 2.06 Lines of Communication 2.07 Jurisdiction & Authority 2.08 Oath of Office

3. Ethics, Standards & Service Quality:

3.01 Canons of Law Enforcement Ethics 3.02 General Orders 3.03 Professional Conduct 3.04 Rules of Conduct 3.05 Abuse of Position 3.06 Corruption Prevention 3.07 Employee Selection & Placement 3.08 Critical Incident Reporting 3.09 Quality Assurance 3.10 Civil Litigation

4. Personnel Performance Standards:

4.01 Awards & Recognition 4.02 Accident or Injury of Employee

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4.03 Fitness for Duty 4.04 Appearance & Grooming 4.05 Workplace Harassment 4.06 Drug-Free Workplace Program 4.07 Training & Proficiency Testing 4.08 Firearms Training & Proficiency Demonstration 4.09 Field Training & Evaluation Program 4.10 Insubordination 4.11 Court Appearance 4.12 Employee & Confidential Records 4.13 Uniforms 4.14 Light Duty Assignments 4.15 Electronic Media Security 4.16 Social Media 4.17 Discipline & Accountability 4.18 Employee Grievance Procedures 4.19 Off-Duty Conduct 4.20 Off-Duty or Secondary Employment:

a. Non Law Enforcement b. Agency Management c. Shared Management

4.21 Personal Communications or Electronic Media Devices 4.22 Multi-Agency Task Force Participation

5. Operations:

5.01 Patrol Functions & Tactics 5.02 Community Relations 5.03 Media Relations 5.04 Radio Procedures 5.05 Communications Center - 911 5.06 Civil Rights & Constitutional Warnings 5.07 Racial & Bias Profiling 5.08 Robbery or Alarm Response 5.09 Disabled Persons 5.10 Search Warrants 5.11 Search of Motor Vehicles

a. 5.11b-1 Search of Motor Vehicle - Consent to Search Form 5.12 Interviews & Searches 5.13 Arrest Procedures 5.14 Evidence Collection, Control, & Storage

a. 5.14b-1 Evidence Form 5.15 Report Writing 5.16 Sex Offender Registration 5.17 Death or Serious Injury Notification 5.18 Officer Involved Deadly Force Event

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5.19 Blood Borne Pathogens & Other Infectious Diseases 5.20 Delirious or Drug Induced Subject Response 5.21 Mentally Ill Persons 5.22 Intoxicated & Mentally Impaired Drivers 5.23 Canine Operations 5.24 Juvenile Procedures 5.25 Juvenile Curfew Violations 5.26 School Liaison 5.27 Roadblocks & Checkpoints 5.28 Bicycle Patrol 5.29 Special Weapons & Tactics (SWAT) 5.30 Traffic Stops & Enforcement 5.31 Highway Incident Traffic Control 5.32 Motor Vehicle Accident Investigation 5.33 Transporting Arrested Persons 5.34 Emergency Vehicle Operations 5.35 Vehicular Pursuit:

a. Discretionary b. Restrictive c. Prohibitive

5.36 Ride Along a. 5.36b-1 Ride Along Program Application Form

5.37 Vehicle Maintenance a. 5.37b-1 Vehicle Maintenance Form

5.38 Vehicle Use & Accidents 5.39 Take Home Vehicle Program 5.40 Vehicle Seizure, Removal, Towing & Storage

a. 05.40b-1 Vehicle Inventory Form (Car) – Attachment I b. 05.40c-2 Vehicle Inventory Form (Mini-Van) - Attachment I c. 05.40d-3 Vehicle Inventory Form (Motorcycle) - Attachment I d. 05.40e-4 Vehicle Inventory Form (Panel Truck) - Attachment I e. 05.40f-5 Vehicle Inventory Form (Semi-Truck) - Attachment I f. 05.40g-6 Vehicle Inventory Form (Truck) - Attachment I g. 05.40h-7 Vehicle Inventory Form (Miscellaneous) - Attachment I

5.41 Volunteer Program

6. Use of Force:

6.01 Use of Force & Deadly Force 6.02 Chemical Agent – Oleoresin Capsicum (OC) 6.03 Special Munitions – Distraction Devices 6.04 Special Munitions – Less Than Lethal 6.05 Knives & Edged Weapons 6.06 Active Shooter 6.07 Hostage or Barricaded Suspect 6.08 Electronic Control Device

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6.09 Rifles & Shotguns 6.10 Body Armor

7. Civil & Emergency Response:

7.01 Fire Scene 7.02 Emergency Management & Incident Command System

a. 7.02b-1 Emergency Management – Handling a Crisis Attachment 7.03 Emergency Call-Out Procedure 7.04 Demonstrations Civil Disturbances & Crowd Management 7.05 Strikes & Labor Disputes 7.06 Bombs & Weapons of Mass Destruction [WMD]

a. 7.06b-1 Bombs & WMD Call Questionnaire - Attachment I b. 7.06c-2 Bombs & Mass Destruction - Attachment II

7.07 VIP Protection 7.08 Severe Weather 7.09 Aircraft Incident or Accident 7.10 Haz-Mat Incident 7.11 Mutual Aid & Inter-local Agreements

8. Investigations:

8.01 Criminal Investigations 8.02 Crime, Accident & Incident Scenes 8.03 Child Abuse Investigations 8.04 Criminal Investigator Support to Prosecution 8.05 Eyewitness Validation & Lineups

a. 8.05b-1 Lineup Viewing Form b. 8.05c-2 Field Identification Form

8.06 Identity Crimes a. 8.06b-1 FTC Instructions for ID Theft Affidavit - Attachment I b. 8.06c-2 FTC ID Theft Affidavit - Attachment I c. 8.06d-3 IRS ID Theft Affidavit - Attachment I

8.07 Informant Management 8.08 Missing Persons Investigations

a. 8.08b-1 Missing Persons Investigations Form 8.09 Domestic Abuse Investigations 8.10 Covert & Undercover Investigations 8.11 Covert Electronic Recording

a. 8.11b-1 Covert Electronic Recording – Consent to Search Form 8.12 Overt Electronic Recording [1-Party State] 8.13 Overt Electronic Recording [2-Party State] 8.14 Video & Audio Vehicle Recordings 8.15 Video Recorders – Body Worn 8.16 Polygraph & Voice Stress Analyzer Interviews 8.17 Internal Compliance Enforcement [ICE]

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b. 8.17b-1 Internal Compliance Enforcement [ICE] - Garrity Rights Form

9. Lockup:

9.01 Lockup & Intake of Detainees

a. 09.01b-1 Mental Disability & Suicide Intake 9.02 Lockup Medical Screening & Care 9.03 Medical Screening & Care

a. 9.03b-1 Medical Screening & Care – Attachment I 9.04 Bail Bonds

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«Insert_LE_Agency» Law Enforcement Policies & Procedures

with Associated Forms

TABLE OF CONTENTS – ALPHABETICAL

Policy Title, Policy Number Abuse of Position, 3.05 Accident or Injury of Employee, 4.02 Active Shooter, 6.06 Aircraft Incident or Accident, 7.09 Appearance & Grooming, 4.04 Arrest Procedures, 5.13 Awards & Recognition, 4.01 Bail Bonds, 9.04 Bicycle Patrol, 5.28 Blank Policy Format, 0.00 Blood Borne Pathogens & Other Infectious Diseases, 5.19 Body Armor, 6.10 Bombs & Mass Destruction - Attachment II, 7.06c-2 Bombs & Weapons of Mass Destruction [WMD], 7.06 Bombs & WMD Call Questionnaire - Attachment I, 7.06b-1 Canine Operations, 5.23 Canons of Law Enforcement Ethics, 3.01 Chemical Agent - Oleoresin Capsicum (OC), 6.02 Child Abuse Investigations, 8.03 Civil Litigation, 3.10 Civil Rights & Constitutional Warnings, 5.06 Communications Center - 911, 5.05 Community Relations, 5.02 Corruption Prevention, 3.06 Court Appearance, 4.11 Covert & Undercover Investigations, 8.10 Covert Electronic Recording, 8.11 Covert Electronic Recording - Consent to Search Form, 8.11b-1 Crime, Accident & Incident Scenes, 8.02 Criminal Investigations, 8.01 Criminal Investigator Support to Prosecution, 8.04 Critical Incident Reporting, 3.08 Death or Serious Injury Notification, 5.17 Delegation of Authority, 2.04 Delirious or Drug Induced Subject Response, 5.20 Demonstrations Civil Disturbances & Crowd Management, 7.04 Disabled Persons, 5.09 Discipline & Accountability, 4.17 Domestic Abuse Investigations, 8.09 Drug-Free Workplace Program, 4.06

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Electronic Control Device, 6.08 Electronic Media Security, 4.15 Emergency Call-Out Procedure, 7.03 Emergency Management - Handling a Crisis Attachment, 7.02b-1 Emergency Management & Incident Command System, 7.02 Emergency Vehicle Operations, 5.34 Employee & Confidential Records, 4.12 Employee Grievance Procedures, 4.18 Employee Selection & Placement, 3.07 Evidence Collection, Control, & Storage, 5.14 Evidence Form, 5.14b-1 Eyewitness Validation & Lineups, 8.05 Field Identification Form, 8.05c-2 Field Training & Evaluation Program, 4.09 Fire Scene, 7.01 Firearms Training & Proficiency Demonstration, 4.08 Fitness for Duty, 4.03 FTC ID Theft Affidavit - Attachment I, 8.06c-2 FTC Instructions for ID Theft Affidavit - Attachment I, 8.06b-1 General Orders, 3.02 Glossary of Terms, 1.00 Haz-Mat Incident, 7.10 Highway Incident Traffic Control, 5.31 Hostage or Barricaded Suspect, 6.07 How to Use This Manual, 1.04 Identity Crimes, 8.06 Informant Management, 8.07 Insubordination, 4.10 Internal Compliance Enforcement [ICE], 8.17 Internal Compliance Enforcement [ICE] - Garrity Rights Form, 8.17b-1 Interviews & Searches, 5.12 Intoxicated & Mentally Impaired Drivers, 5.22 IRS ID Theft Affidavit - Attachment I, 8.06d-3 Jurisdiction & Authority, 2.07 Juvenile Curfew Violations, 5.25 Juvenile Procedures, 5.24 Knives & Edged Weapons, 6.05 Letter from Agency Head [Sample], 1.01 Light Duty Assignments, 4.14 Lines of Communication, 2.06 Lineup Viewing Form, 8.05b-1 Lockup & Intake of Detainees, 9.01 Lockup Medical Screening & Care, 9.02 Management Philosophy & Goals, 2.03 Media Relations, 5.03 Medical Screening & Care, 9.03 Medical Screening & Care - Attachment I, 9.03b-1 Mental Disability & Suicide Intake, 9.01b-1

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Mentally Ill Persons, 5.21 Missing Persons Investigations, 8.08 Missing Persons Investigations Form, 8.08b-1 Mission Statement, 2.01 Motor Vehicle Accident Investigation, 5.32 Multi-Agency Task Force Participation, 4.22 Mutual Aid & Inter-local Agreements, 7.11 Oath of Office, 2.08 Objective Statements, 2.02 Off-Duty Conduct, 4.19 Off-Duty or Secondary Employment - A – Non Law Enforcement, 4.20 Off-Duty or Secondary Employment - B – Agency Management, 4.20 Off-Duty or Secondary Employment - C - Shared Management, 4.20 Officer Involved Deadly Force Event, 5.18 Orders & Instructions, 2.05 Overt Electronic Recording [1-Party State], 8.12 Overt Electronic Recording [2-Party State], 8.13 Patrol Functions & Tactics, 5.01 Personal Communications or Electronic Media Devices, 4.21 Policy & Procedure Management System, 1.03 Polygraph & Voice Stress Analyzer Interviews, 8.16 Professional Conduct, 3.03 Quality Assurance, 3.09 Racial & Bias Profiling, 5.07 Radio Procedures, 5.04 Receipt for Policies & Procedures Manual, 1.02 Report Writing, 5.15 Request for Review or Comment, 1.05 Ride Along, 5.36 Ride Along Program Application Form, 5.36b-1 Rifles & Shotguns, 6.09 Roadblocks & Checkpoints, 5.27 Robbery or Alarm Response, 5.08 Rules of Conduct, 3.04 School Liaison, 5.26 Search of Motor Vehicle - Consent to Search Form, 5.11b-1 Search of Motor Vehicles, 5.11 Search Warrants, 5.10 Severe Weather, 7.08 Sex Offender Registration, 5.16 Social Media, 4.16 Special Munitions - Distraction Devices, 6.03 Special Munitions - Less Than Lethal, 6.04 Special Weapons & Tactics (SWAT), 5.29 Strikes & Labor Disputes, 7.05 Suggestion Form, 1.06 Take Home Vehicle Program, 5.39 Traffic Stops & Enforcement, 5.30

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Training & Proficiency Testing, 4.07 Transporting Arrested Persons, 5.33 Uniforms, 4.13 Use of Force & Deadly Force, 6.01 Vehicle Inventory Form (Car) - Attachment I, 5.40b-1 Vehicle Inventory Form (Mini-Van) - Attachment I, 5.40c-2 Vehicle Inventory Form (Miscellaneous) - Attachment I, 5.40h-7 Vehicle Inventory Form (Motorcycle) - Attachment I, 5.40d-3 Vehicle Inventory Form (Panel Truck) - Attachment I, 5.40e-4 Vehicle Inventory Form (Semi-Truck) - Attachment I, 5.40f-5 Vehicle Inventory Form (Truck) - Attachment I, 5.40g-6 Vehicle Maintenance, 5.37 Vehicle Maintenance Form, 5.37b-1 Vehicle Seizure, Removal, Towing & Storage, 5.40 Vehicle Use & Accidents, 5.38 Vehicular Pursuit - A -Discretionary, 5.35 Vehicular Pursuit - B -Restrictive, 5.35 Vehicular Pursuit - C -Prohibitive, 5.35 Video & Audio Vehicle Recordings, 8.14 Video Recorders - Body Worn, 8.15 VIP Protection, 7.07 Volunteer Program, 5.41 Workplace Harassment, 4.05

RESTRICTED LAW ENFORCEMENT DATA This data is proprietary and will not be duplicated, disclosed, or discussed, without the written permission of this agency. Data

subject to this restriction is contained throughout this publication.

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«Insert_LE_Agency» Law Enforcement

Policies and Procedures

Subject: Glossary of Terms Policy Number: 1.00

Issue Date: Revision Date:

Approval Authority Title and Signature:

1-Party Consent State - As of 2011 other states, territories, and the District of

Columbia) not listed below [See: 2-Party Consent State definition below] require only one party consent to a conversation be recorded. If a caller in a one-party state records a conversation with someone in a 2-party consent state that caller is subject to the stricter of the laws and must have consent from all callers. As laws are subject to change, periodically check your and other state’s laws before committing to an investigative plan.

2-Party Consent State - States and territories that require all parties to a conversation be advised that the conversation is being recorded. As of 2011, eleven states were 2-party states, i.e., eleven states currently require that all parties consent to the recording. These states are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.1

540 Degrees of Awareness - A tactical deployment concept where officers are aware of the necessity to observe their surroundings 360º horizontally, them, and 180º overhead. Having the effect of observing to their front, sides, rear, and overhead as they move tactically.

Abandonment - Leaving a child alone or in the care of another under circumstances that demonstrate an intentional abdication of parental responsibility.

Active Shooter - An active shooter is an armed person who has used deadly

physical force on other persons and continues to do so while having potential access to additional victims.

1Michigan's eavesdropping statute seems to put it into the 2-party category, but the courts have ruled that in Michigan, a party may record their own conversation without the consent of any other parties but cannot grant that right to a third party. There are certain exceptions to these rules, so check these rules.

Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

RESTRICTED COMMUNICATIONS CENTER DATA This data is proprietary and will not be duplicated, disclosed, or discussed, without the written permission of this agency. Data

subject to this restriction is contained throughout this publication.

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Administrator - The person charged with presenting a photographic lineup to a witness.

Administrative Segregation - Status of confinement that separates the inmate from the general population and is administered or determined by classification of inmates. This may include separation for medical, mental, safety, security, or disciplinary reasons.

Advance Warning - Notification to approaching motorists to transition from normal driving status to that required by traffic control measures ahead of them.

Advance Warning Area - The section of highway where road users are

informed about upcoming work zones or incident areas. An advance warning area may vary from a single sign or rotating or flashing light on a vehicle, to a series of signs or flagmen. The advanced warning area is subject to change as conditions change. As traffic begins to back up, the advanced warning needs to be extended. Take special notice to areas that have hills or curves prior to the crash scene and also where traffic has already begun to slow down. Many secondary crashes occur due to no advance warning.

Amber Alert2 - Program is a voluntary partnership between law-enforcement

agencies, broadcasters, transportation agencies, and the wireless industry, to activate an urgent bulletin in the most serious child-abduction cases. The goal of an Amber Alert is to instantly galvanize the entire community to assist in the search for and the safe recovery of the child. Requirements for activation vary by state.

Assigned Investigator - Primary officer responsible for investigating an alleged

crime.

Authoritative Position - All officers have a position of great authority that is afforded by society. Because of this authority, officers are in a position to influence citizens within a community. With this authority come grave responsibilities.

Authorized emergency vehicle - A vehicle of this agency equipped with

operable emergency equipment as designated by state law, including a siren and emergency signaling lights.

Authorized Weapon - A weapon approved by the agency and sanctioned for

use by its employees. No weapon is authorized for carry or use unless the

2 http://www.amberalert.gov/

«Insert_LE_Agency»

LETTER FROM AGENCY HEAD [SAMPLE]

[Date] To: All Officers & Employees Re: Policy & Procedure Manual Dear Ladies & Gentlemen: The publication of these updated policies and procedures marks an important milestone in our continued development as a local leader in law enforcement. For those of you who participated in creating this document, please accept my hardiest thanks for a job well done! If you did not have an opportunity to provide input, we now ask for your assistance. Over the next few days and weeks, the entire agency will be learning and applying the details of our new procedures. As we do so, we will re-visit some of the old practices as well. Take time to study and learn. Then give us your ideas on how we can make this an even better guide toward achieving a safer and more efficient operation. With warmest personal regards to each of you, I remain Sincerely, [Name of Agency Head] [Title]

«Insert_LE_Agency»

RECEIPT FOR POLICIES & PROCEDURES MANUAL

I, _________________________________, hereby acknowledge receipt of one (1) copy of the «Insert_LE_Agency» Policies & Procedures Manual. It is understood that this manual is entrusted to me for safekeeping, study, and compliance. I will use my best efforts to study, learn, and comply with the instructions contained in this manual. The updating, maintenance, and safe storage of this manual are my personal responsibility. I understand this manual contains restricted law enforcement data, and that release of its contents to anyone not having an official need to know may place residents of this community, and officers and employees of this agency at risk. I will retain this manual in my possession or safekeeping, and will not allow it to be copied or reproduced in any manner without prior authorization from a superior authorized to permit such duplication. Further, I will immediately report to the «Second_in_command» any attempt made by those outside of the agency to borrow, acquire a copy, view, or use this manual. Likewise, I will immediately report the loss of this manual or portions of its contents to the «Second_in_command». I affirm my commitment to honor this agreement this ________ day of ____________, 200__. ___________________________________ Printed name ___________________________________ Signature ___________________________________ Printed name of Witness ___________________________________ Witness’ Signature

RESTRICTED LAW ENFORCEMENT DATA

This data is proprietary and will not be duplicated, disclosed, or discussed without the written permission of this agency. Data subject to this restriction is contained throughout this publication.

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Policies and Procedures Subject: Professional Conduct

Policy Number: 3.03


Approval Authority Title and Signature: POLICY: All employees of «Insert_LE_Agency» constantly strive to deal honestly, efficiently, and with integrity while on official duty, and strive to do the same in their personal lives. Officers and employees of this agency are mindful that their conduct and the public’s perception of that conduct effect the willingness of the public to support our critical mission. PROCEDURES:

1. Sworn and civilian employees are always courteous when interacting with the public.

2. Employees avoid behaviors and practices that cause the public to question individual employee or agency integrity.

3. Off-duty officers, while in uniform, conduct themselves as though they were on-duty

4. Employees do not reveal, or make public, any order, or information to any person unless the disclosure is authorized.

5. Officers are governed by reasonable and exemplary rules of good conduct and behavior whether on or off-duty. Officers always demonstrate morals and values expected by the community and do not commit any act that could adversely affect the «Insert_LE_Agency», their fellow employees, or respect for the rule of law.

6. Officers always remember that they are sworn to uphold the law, abide by the policies and procedures of this agency, and the law, while protecting the rights of all people as afforded by the Constitution of the United States of America and the State of «state».

Law Enforcement Ethics: Officers and employees of this agency have read and fully support the Law Enforcement Code of Ethics and the Canons of Police Ethics as adopted and supported by «Insert_LE_Agency», and my fellow officers. These are found in this policy and procedure manual.



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Policies and Procedures Subject: Court Appearance Policy Number: 4.11


Approval Authority Title and Signature: POLICY: Court appearance is an integral part of our law enforcement duties. «Insert_LE_Agency» personnel appearing in court in any capacity, attend at the appointed time without fail, present a well-groomed appearance, are prepared, and behave professionally. PROCEDURES: Court Appearance:

1. Attendance at a court or quasi-judicial hearing, whether notified by subpoena or other notice by the agency, prosecution, or hearing officer is an official duty assignment, and employees and officers attend without fail. Permission to omit this duty is obtained from the prosecuting attorney or other competent official, prior to the appearance date and time.

2. All officers are punctual and attend until dismissed by the prosecution, the person issuing the subpoena or the court.

3. The complete and official uniform is worn when appearing in court. The prosecuting attorney or presiding judge should be consulted whether or not to wear a side arm. Non-sworn employees may appear in conservative business attire. Officers may substitute such attire for uniforms when approved by the officer’s supervisor.

4. Members avoid mannerisms or expressions, which might imply disrespect to the court, other witnesses, those charged with criminal offenses, or plaintiffs testifying. Employees have notes and case files prepared, and all evidence suitably arranged for presentation before trial appearance.

Subpoena Precedence: If employees receive more than one subpoena to appear at any court or quasi-judicial hearing on the same date and the same time, the subpoena priority is Federal Court, State Court, Municipal Court, City Court, civil cases, and then administrative hearings. Courts are notified of the conflict when this occurs.

Law Enforcement Policies and Procedures, 4.11 Court Appearance



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Court Absences: If an employee is scheduled to be in court and cannot attend, he/she notifies the court clerk of the reasons for non-attendance in writing at least seventy-two [72] hours or three [3] business days prior to the scheduled court date. In cases of unforeseen emergencies, verification of that emergency is submitted to the court clerk immediately in writing. If the emergency arises before court and the officer is able to contact the court, the judge determines if the absence is excused. If the officer is unable to contact the court, the «Approval_title» determines if the absence is excused. Copies of all communications with the court or prosecution regarding appearances are submitted to «Approval_title». Penalties for Unexcused Court Absences: All unexcused absences are forwarded to the «Approval_title» or his designee by the court clerk. Disciplinary actions for not appearing in court are addressed as with other disciplinary matters and may include the following:

1. First Offense: Letter of written reprimand to be placed in the officer’s personnel file.

2. Second Offense: Officer receives a two [2] day suspension without pay from duty.

3. Third Offense: Officer receives a four [4] day suspension without pay. 4. Fourth Offense: Review of employment and possible termination. 5. This does not preclude the court from taking whatever action the court deems

appropriate for non-appearance. Respect and Testimony: While in court, the officer:

1. Always tell the truth when testifying, making reports, or conducting any Law enforcement business;

2. Is respectful of magistrates and judges at all times; 3. Speaks calmly and explicitly in a clear, distinct, and audible tone so to be heard

by the court and jury when giving testimony. 4. Testifies with strict accuracy, limiting testimony to the case before the court, and

neither suppresses nor overstates the circumstances with a view for favoring or discrediting any person.

5. Answers defense counsel questions with the same readiness and civility as when testifying in support of the charge, remembering that the ends of justice are served by showing a desire to tell the whole truth, whether it is in favor of or against the defendant.

Testifying for the Defendant: Any employee subpoenaed by the defense in any criminal trial or hearing notifies the office of the prosecuting attorney immediately upon receipt of the subpoena. Civil Action, Court Appearances – Subpoenas:



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Policies and Procedures Subject: Social Media Policy Number: 4.16


Approval Authority Title and Signature: POLICY: Officers and employees do not use any form of social media or social networking, in any way to tarnish themselves or «Insert_LE_Agency»’s reputation. Employees of this agency are held to a higher standard than general members of the public and your online activities must reflect these professional expectations and standards. DEFINITIONS:

Avatar - A computer user’s representation of himself or herself, or an alter ego.

Blog - A series of entries, written by either one person or a group of people, in an online journal, usually posted in chronological order, like a diary. Blogs can allow comments on entries or not.

Blogging - To read, write or edit a shared online journal. Blogging can also

encompass the act of commenting - and engaging with other commenters - on any blog, including one operated by a third party.

Commenting - The act of creating and posting a response to a blog post, news

article, social media entry or other social networking post. Commenting can also entail the act of posting an original composition to an unrelated post or article.

Comments - Responses to a blog post, news article, social media entry or other

social networking post.

Forum - An online discussion site.

Handle - The name of one’s online identity that is used most frequently. It can be, for example, the name of one’s Twitter identity.

Identity - An online identity, Internet identity or Internet persona that a social

networking user establishes. This can be a real name, an alias, a pseudonym or

Law Enforcement Policies and Procedures, 4.16 Social Media



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a creative description.

Internet – A computer network consisting of a worldwide network of computer networks that use the TCP/IP network protocols to facilitate data transmission and exchange.

Mobile Social Networking - Social networking using a mobile phone or other

cellular based device.

Post - An item inserted to a blog or an entry to any type of computerized bulletin board or forum.

Posting - The act of creating, uploading, editing or adding to any social media

outlet. This includes text, photographs, audio, video or any other multimedia file.

Social Media - A variety of online sources as Facebook, Twitter, MySpace, LinkedIn, Foursquare, Gowalla Police Pulse, The Squad Room, Usenet groups, online forums, message boards or bulletin boards, blogs and other similarly developed formats that allow people to communicate, share information, share photos, share videos, share audio and exchange text and other multimedia files with others via some form of online or cellular network platform.

Social Networking - Using such Internet or mobile formats as Facebook,

Twitter, MySpace, LinkedIn, Foursquare, Gowalla Police Pulse, The Squad Room, Usenet groups, online forums, message boards or bulletin boards, blogs, and other similarly developed formats to communicate with others using the same groups while also networking with other users based upon similar interests, geographical location, skills, occupation, ideology, beliefs, etc.

User Name - The name provided by the participant during the registration

process associated with a Web site that will be displayed publicly on the site.

World Wide Web - Computer network consisting of a collection of Internet sites that offer text, graphics, and sound and animation resources through the hypertext transfer protocol.

PROCEDURES: Employees are prohibited from using agency computers or other communications devices for any unauthorized purpose, including participation in social media or social networking. Likewise, use or participation in any social media or social networking platform while on duty is prohibited, unless previously approved by a supervisor for investigative or public information purposes.

Law Enforcement Policies and Procedures, 4.16 Social Media



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Unless granted explicit permission, officers and employees of this agency are prohibited from posting on any social networking platform, either on their own sites, the sites of others known or unknown to them, news media pages, or other information exchange forums, any of the following:

1. Text, photograph, audio, video, or any other multimedia file related to any investigation, both current and past, of this agency.

2. Text, photograph, audio, video, or any other multimedia file related to any past or current action of this agency, in either homage or critique.

3. Logos, badges, seals, uniforms, vehicles, equipment or any item or symbol that

is affiliated with this agency.

4. Item, symbol, wording, number, likeness or material that is identifiable to this agency.

5. Text, photograph, audio, video, or any other multimedia file that is related to any

occurrence within the agency.

Employees who choose to maintain or participate in social media or social networking platforms while off-duty must conduct themselves with professionalism and in such a manner that does not reflect negatively upon this agency or its mission. In the course of operating or participating in such venues, the following rules apply to each employee:

1. Unless explicitly granted permission by management of this agency, do not identify yourselves, in any way, as employees of «Insert_LE_Agency».

2. Do not use any reference to infer you are employees of this agency during social

media or social networking participation or maintenance.

3. Employees are responsible for content on their maintained social media or social networking sites and are obligated to remove any posting or material contributed by others that identify the employee, as an employee of «Insert_LE_Agency»

4. Employees are obligated to remove any posting or material contributed by others that reflects negatively upon this agency or any current or former employee of this agency.

5. Sexually graphic or explicit material of any kind is not to be posted by employees on any form of social media, social networking site or communications device.

6. Employees are obligated to immediately remove any sexually graphic or explicit material posted by others to the employee’s social media or social networking sites.



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Policies and Procedures Subject: Off-Duty Conduct Policy Number: 4.19



POLICY: Peace officers are widely recognized in the community, even when not in uniform. Off-duty officers always demonstrate courteous and professional behavior while in public and should generally refrain from law enforcement activities. However, sworn officers may, under exigent or emergency situations make arrests while off-duty. DEFINITIONS:

Off-duty - Not assigned or working a prescribed shift or duty. In the process of conducting personal business, leisure activities, or working for another person or business entity.

Personally Involved - An officer is considered to be personally involved when

the off-duty officer, a family member, or a friend becomes engaged in a dispute or incident involving a personal matter with the person being arrested or any other person connected with the incident, or the officer is accepting money for law enforcement or security duties from other than this agency. This does not apply to situations where the police officer is a victim of crime.

DISCUSSION: Off-duty officers sometimes encounter criminal acts that they are neither equipped, nor prepared to handle in the same manner as if they were on duty. Off-duty officers taking action in response to an on-view crime may actually confuse on-duty officers arriving on the scene, which may lead to unnecessary injuries to officers or others. There have been many incidents where off-duty officers were mistaken for armed criminals. Off-duty officers should report observed crimes and allow on-duty officers to respond, unless it is determined by the officer that immediate intervention is necessary to protect human life or serious damage to property. Officers performing official acts under color or law, and applying reasonably good judgment may have qualified immunity from civil liability or criminal prosecution.

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However, this conditional protection does not necessarily extend to acts intended to cause injury or damage, or to those actions that the officer knew, or reasonably should have known, were in conflict with established law. PROCEDURES: Guidelines for Off-Duty Conduct: Officer conduct, both on- and off-duty reflect on this agency, and the subsequently, the officer’s ability to perform their job during working hours. Employees are always subject to a call to duty during their off-duty time. They are also subject to be placed on emergency stand-by when conditions warrant such action. Carry of Agency & Non-Agency Weapons: Off-duty officers may carry agency approved off-duty weapons as authorized in the firearms policy. Officers may only use these weapons in compliance with the Use of Force policy. Off-duty personnel may carry a weapon other than an agency approved weapon in accordance with state concealed handgun laws, when the employee:

1. Is in full compliance with those state law; 2. Is not carrying agency credentials or identification; nor 3. On duty.

In such instances, the individual’s actions are governed not by agency policy, but rather by the laws of the state governing a citizen’s right to defend themselves or others. Off-duty responsibilities: Off-duty officers have a responsibility to:

1. Refrain from taking enforcement action whenever practical; 2. Immediately report suspected or observed criminal activities to appropriate on-

duty authorities; 3. If taking action, abide by agency policies and procedures when affecting an

arrest, or intervening in a situation; 4. Carry agency credentials and badge when practical; 5. Come to the aid of fellow officers and the general public, when practical to do so;

& 6. Take immediate enforcement actions only to safeguard life or prevent felony

property loss, or prevent escape of dangerous offenders. Permitted Off-Duty Arrests: Off-duty officers within their legal jurisdiction may make arrests only when:

1. Not personally involved in the incident underlying the arrest; 2. There is clear and articulable probable cause to arrest;



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Policies and Procedures Subject: Off-Duty or Secondary Employment – Non Law Enforcement

Policy Number: 4.20



REMOVE AFTER REVIEW OF THIS VERY IMPORTANT POLICY CONSIDERATION

Law enforcement managers differ regarding their approach to off-duty employment, especially if the off-duty work involves law enforcement authority. In an effort to meet your agency’s approach, OSS designed three [3] distinct policies, they are:

1. 04.20 Off-Duty or Secondary Employment – A – Non Law Enforcement: In this policy format, off-duty employment as a law enforcement officer is not allowed.

2. 04.20 Off-Duty or Secondary Employment – B – Agency Management : In this regulated policy format, secondary employment as a law enforcement officer is only provided as part of an agency managed program with liability insurance, workers’ compensation, and other employee benefits provided.

3. 04.20 Off-Duty or Secondary Employment – C – Shared

Management: In this policy format, employees may work in an off-duty capacity using their law enforcement officer authority, uniform and identification; however, the officer and the secondary employer are required to meet approval and performance certain standards, and provide liability insurance, workers’ compensation.

We recommend you review the details of each of these policy formats, choose the one that is closest to your management approach and make your changes. You can then delete this Discussion insert, and remove the other two draft policy types from your policy set. Whatever you decide, we strongly recommend that any officer working in your uniform, using your identification while working off-duty or a secondary job have quality liability insurance, workers’ compensation, and meet all other state mandated employment requirements.

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POLICY: In order to maintain quality community services without conflicts of interest, reduce officer fatigue, avoid conflicts of interest, and maintain our code of ethics and standards «Insert_LE_Agency» regulates off-duty or secondary employment through an agency-controlled program. To further our objectives, all employee requests for off-duty work are reviewed and approved prior to allowing such secondary or off-duty employment. DEFINITIONS:

Off-duty - When an employee of this agency is not assigned or engaged in the performance of one's work for this agency. Also, includes that time when an employee is not scheduled to work their normal assigned duties for this agency, such as non-duty hours, vacation, sick days, and when on administrative leave, or suspension.

Primary job - Work, duties, and responsibilities that an employee is assigned by «Short_name_for_agency» in the form of an order, instructions, policy, or designated work hours, wherein the employee is compensated by this agency.

Secondary employment - Work that is performed for one’s self, or another entity for the sole benefit of the off-duty employee or another entity, person or business, and not directly controlled by «Short_name_for_agency».

PROCEDURES: General Guidelines for Off-Duty or Secondary Employment: The very nature of law enforcement and our duty to the public means that employment with this agency take precedence over any other employment. As such employees are subject to call or recall to duty at any time, without regard to their normally schedule work hours. Normally, such calls to duty or recalls are for actual or anticipated emergencies. In all cases, the employee’s primary job has precedence over other individual obligations. As such, any off-duty or secondary employment must be approved by the «Approval_title» or designee prior to the employee engaging in such employment. Off-duty and secondary employment jobs fall into two distinct categories:

1. Agency approved law enforcement related secondary employment; and 2. Secondary employment that is not law enforcement related.

LAW ENFORCEMENT RELATED SECONDARY EMPLOYMENT:



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Subject: Multi-Agency Task Force Participation

Policy Number: 4.22


Approval Authority Title and Signature: POLICY: When it is advantageous to the community we serve, «Insert_LE_Agency» personnel may be assigned to work on or in support of a multi-agency task force. In such instances, personnel assigned to these task forces do so in compliance with agency standards, policies and practices. DISCUSSION: Multi-Agency Task Forces [MATF] may be established by federal, state, regional, or local law enforcement agencies to investigate or control certain types of crime. Usually MATFs are established with specific missions, objectives, operational budgets. PROCEDURE: Standards «Insert_LE_Agency» personnel do not participate in a MAFT that has not been formally approved by the «Approval_title». When assigned to a MAFT, agency personnel follow «Insert_LE_Agency», ethics, standards, and policies and practices, unless specific authorization to the contrary is preapproved by the «Approval_title» or an authorized designee. Program Evaluation & Due Diligence The «Approval_title» approves agency participation in MAFTs, subject to final approval of «citycounty» authorizing funding and other considerations. In considering an invitation to provide personnel or equipment to a MAFT, the «Approval_title» evaluates the proposed relationship of the agencies involved and other operational and business factors to include but not limited to questions such as:

1. Agency that will control the MAFT? 2. Who will provide operational funding



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Subject: Media Relations Policy Number: 5.03


Approval Authority Title and Signature: POLICY: «Insert_LE_Agency» cooperates fully and impartially with authorized media representatives in their efforts to gather factual, public information pertaining to activities of the agency, so long as these activities do not significantly interfere with operations, infringe upon individual rights, or violate the law. DISCUSSION: A basic philosophy of this agency is to involve the community. It is important for our citizens to have confidence in our ability to fairly, professionally and impartially enforce laws. The media serves both the agency and the community by reporting our work to the public. It is important that employees treat media representatives fairly, and with respect. The media industry is very competitive. Most reporters work long hours for little pay under constant pressure to meet deadlines. Reporters can be skeptical, idealistic, or manipulative, but most value responsive, knowledgeable, reliable sources who are sensitive to their needs. PROCEDURES: Duties of «Approval_title»: The «Approval_title»:

1. Distributes information to the media and employees within the agency following «Insert_LE_Agency» procedures;

2. Informs the media of major public events requiring an extended presence of agency personnel;

3. Coordinates and authorize release of information about victims, witnesses, and suspects;

4. Develops positive working relationships with local media representatives by: a. Establishing working guidelines; b. Determining local media deadlines;

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c. Helping media representatives meet their deadlines; & d. Preparing and distributing periodic news releases.

5. Coordinates release of authorized information concerning investigations and operations;

6. Coordinates and respond to Freedom of Information Act (FOIA) requests; & 7. Develop and/or contribute to the Agency Crisis Management Plan.

Other Personnel: 1. It is important that the Agency “speak with one voice” in providing accurate and

consistent information. Line officers may not know all the facts, or may have limited perspectives regarding incidents. Employees should: a. Direct media representatives to the «Approval_title», incident commander, or

shift supervisor when asked about details regarding an accident, crime, or other incident.

b. Assist news personnel as directed by «Approval_title» in covering routine stories, and at accident or crime scenes;

c. Not say, “No comment”; d. Not wear sunglasses when interviewed “on camera”; e. Not speculate about liability issues or causation; f. Use secure communication methods to transmit sensitive information. Many

reporters and citizens monitor law enforcement radio frequencies; & g. Provide a safe area for the media during situations in which their lives could

possibly be placed in danger. 2. Ranking officers at crime or incident scenes may release factual information of a

general nature to the media, as governed by this or other policies (i.e. death notifications, juveniles, etc.), or if given prior approval by «Approval_title».

Cooperation with the Media: The following guidelines are maintained by employees of «Insert_LE_Agency» in cooperating with the media:

1. Authorized media representatives have reasonable access to the «Approval_title», or designee, and operations of this agency;

2. Public information is released to the media as promptly as circumstances allow without partiality, and in as objective a manner as possible;

3. Information is released either by the «Approval_title» or designee; & 4. Press releases, news conferences, and similar events are scheduled to

a. Accommodate media deadlines, if and when possible: b. Public information may be provided to media representatives by telephone

through the «Approval_title» or designee; c. If the identity of the media representative is known, or can be authenticated.

Release of Information: Information authorized for release concerning an investigation or crime includes:

1. The type or nature of the event or crime; 2. Any unusual or hazardous road conditions;


This data is proprietary and shall not be duplicated, disclosed, or discussed without the written permission of this agency. Data subject to this restriction is contained throughout this publication.

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Subject: Search of Motor Vehicles Policy Number: 5.11


Approval Authority Title and Signature: POLICY: «Insert_LE_Agency» only conduct searches that are legal and thorough, while strictly observing the constitutional rights of drivers and other occupants. Searches are only conducted with due regard for the safety of officers, other persons, and the property involved. PROCEDURES: Officer Safety: Officers do not search vehicles alone. At least two officers are present in order to allow one officer to search and one officer to monitor vehicle occupants. Officers may make all occupants exit the vehicle while interviewing or searching, in order to protect their safety. General Provisions for Vehicle Searches: There are three conditions under which law enforcement officers may search a vehicle. These conditions are warrant, warrant-less, and consent searches. When conducting a vehicle search, officers of «Insert_LE_Agency»:

1. Request owner or operator’s consent regardless of the type of search [warrant, warrant-less, or consent searches] to be conducted;

2. Obtain a search warrant, if feasible; 3. Avoid vehicle damage unless reasonably necessary to carry out a safe and

thorough search; & 4. Search all areas of the vehicle, unless specified otherwise in the warrant or in the

consent. Warrant Searches: Upon probable cause, time permitting, officers execute searches of vehicles including cars, trucks, buses, boats, and airplanes by means of a duly authorized search warrant. The request for the warrant details the vehicle to be searched, the areas in the vehicle to be searched, and the items to be seized. Additionally, the warrant specifies the

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information or evidence upon which the search warrant is justified, before taking the search warrant to the judge for approval. Officers’ exercise care to ensure that the information in the warrant is correct and presented to the judge in a reasonable amount of time. The judge issuing the warrant is doing so based solely on the credibility of the officer and his representation that the facts presented are true and correct. Officers use their best effort to:

1. Obtain a search warrant, if feasible; 2. Request owner or operator’s consent regardless of the circumstances involved; 3. Avoid vehicle damage unless reasonably necessary to carry out a safe and

thorough search; 4. Search all areas of the vehicle, unless specified otherwise in the warrant, or in

the consent; 5. With the exception of the items seized, leave the vehicle and it’s contents in the

same condition as found; & 6. Provide the owner or operator with a receipt of any items lawfully seized.

Warrant-less Searches: If probable cause of criminal activity exists, officers may enter motor vehicles without warrants or consent in order to specifically:

1. Examine a vehicle identification number or determine ownership of the vehicle; 2. Remove a person from a vehicle in an emergency situation; 3. Seize evidence or contraband that is in plain view; or 4. Perform inventory searches of vehicle to be impounded.

Officers may not abuse warrant-less searches and ask permission of owners or operators before conducting a warrant-less entry or search, if possible. Consent searches: Officers may conduct warrant-less searches with or without probable cause after obtaining consent from the vehicle owner or operator. The extent of a consent search may be limited to specific areas of a vehicle depending on the terms of the consent. A person granting consent to search may limit the scope of the consent, or may not consent to a warrant-less search. This is a constitutional right of the individual. A receipt is made and delivered to the consenting party regarding seized illegal items. Location of Vehicle Searches: Officers of this agency use their discretion regarding the location of warrantless searches in order to protect officers, vehicle occupants, members of the general public, and potential evidence. Such searches may be conducted at the following locations:

1. On a public way or waters or other area open to the public; 2. In a private area unlawfully entered by the vehicle; or 3. In a private area lawfully entered by the vehicle.

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SEARCH OF MOTOR VEHICLE Consent to Search Form

I, (consenting individuals signature) _______________________________________ do hereby

authorize the following officers (officers names) ______________________________________

______________________________________________________________________who are

identified as being employed by the agency to conduct a search of the following described

vehicle:

Year: ______________________________ Color: ______________________________

Make/Model: ___________________________________________________________

Additional descriptive information: ___________________________________________

______________________________________________________________________

______________________________________________________________________

Registered owner of vehicle: _______________________________________________

I have been asked by the above named law enforcement officers to allow a search of the above-

described vehicle. There have been no threats or promises made to me, and no pressure or

coercion of any kind have been used against me. I make this decision rationally and of my own

free will. I have also been advised that it is within my right to not allow a search of the vehicle

described above and that I may also withdraw the consent given at any time during the search

procedure.

Signature of vehicle owner/operator: _______________________________________________

Date: __________________________________ Time: ________________________________

Location: ____________________________________________________________________

Comments, including any items seized (attach additional sheets, if necessary): _____________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Signature of officers: ___________________________________________________________

Signature of witnesses: ________________________________________________________


This data is proprietary and will not be duplicated, disclosed, or discussed, without the written permission of this agency. Data subject to this restriction is contained throughout this publication.

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Subject: Evidence Collection, Control, & Storage

Policy Number: 5.14


Approval Authority Title and Signature: POLICY: «Insert_LE_Agency» professionally collects, safeguards, stores, readily retrieves evidence in support of criminal investigations, and records changes in custody. DEFINITIONS:

Chain of Evidence - Sometimes referred to as chain of custody. The continuity of physical evidence custody from the time of original collection to final disposal.

Impounding Officer - The law enforcement officer that initially receives evidence

and initiates the chain of custody. Physical Evidence - Any substance or material found or recovered in

connection with a criminal investigation. Evidence Custodian - The agency employee who is accountable for controlling

and maintaining all evidence accepted by or stored in the evidence room. Evidence Room - Facilities used by this agency to store and secure evidence.

Discoverable - Discovery is the pre-trial phase in criminal or civil trials in which

each party through the laws of procedure can request documents and other evidence from other parties and can compel the production of evidence by using a subpoena or through other discovery devices, such as requests for production of documents, and depositions. In other words, depending on whether the case is criminal or civil in nature, discovery may include (1) interrogatories [questions posed in writing]; (2) motions or requests for production of documents; (3) requests for admissions; (4) depositions [verbal questions and answers], and requests for documents.

Exculpatory - Evidence favorable to the defendant in a criminal trial, which

clears or tends to clear the defendant of guilt. It is the opposite of inculpatory

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evidence, which tends to prove guilt. Prosecutors disclose to the defendant any exculpatory evidence. Failure of a prosecutor to disclose exculpatory evidence can result in the dismissal of a case, as well as lawsuits and/or civil sanctions against the prosecutor, officers, and the agency.

Inculpatory - Evidence favorable to the prosecution in a criminal trial, which

proves or tends to prove the defendant’s guilt. It is the opposite of exculpatory evidence, which tends to prove innocence. Failure to disclose can result in the dismissal of a case, civil action, and sanctions against the prosecutor, officers, and agency.

PROCEDURES: Officer Responsibilities Upon Arrival of Crime Scene: When an officer arrives at an actual or suspected crime scene, the responding officer’s responsibilities include:

1. Ensuring the scene is secure and that hostile individuals still at the scene are detained or restrained, in order to reduce the threat to officers and civilians at the scene;

2. Locating and assisting any person(s) who are injured, ill, or need personal assistance or protection;

3. Summoning medical assistance, as necessary; 4. Determining the area of the potential crime scene to be secured and

protected; 5. Initiating security measures to protect the crime scene from destruction or

contamination of evidence; 6. Preventing unauthorized persons from entering the crime scene or the

immediate area; 7. Restricting access to the crime scene to those law enforcement personnel

that have an absolute need to know; 8. Not touching, moving, or picking up any article, mark, or impression that may

have been made by the person(s) committing the crime; & 9. Maintaining rigid security until all evidence is collected.

Preservation & Protection of the Crime Scene: Selecting the size and shape, protecting the integrity of the crime scene and the manner in which evidence is collected and recorded are keys to good detective work. Officers should not assume that crime scenes are just the immediate area of the event. For example, a murder occurring in a residence probably has a crime scene that includes the room, house, yard, and maybe adjoining lots. When in doubt, officers should expand the size of the protected crime scene area to allow effective collection. The size of the crime scene can be reduced as areas are searched and cleared of potentially valuable evidence.



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Policies and Procedures Subject: Highway Incident Traffic Control Policy Number: 5.31


Approval Authority Title and Signature: POLICY: Traffic control safety procedures are employed at roadway incidents in order to improve safety for victims, responders, other motorists, and pedestrians. Law enforcement, fire, rescue, EMS, and public works should cooperate and follow safe Highway Incident Work Zone procedures. BACKGROUND: Approximately twenty [20%] percent of all reportable traffic incidents are secondary in nature, with most of these being near the end of the traffic queue. Secondary collisions and injury in high-speed traffic are often more severe than the original incident. Emergency responders have a significantly high risk of being struck by a passing vehicle while performing their duties. Vehicle crashes are a leading cause of on duty death among law enforcement officers and a major cause among fire-rescue personnel. In 1997, nearly forty [40%] percent of all law enforcement officers who died in the line of duty died in traffic related incidents. The longer an incident is in place, the longer responders and the public are at risk. Traffic incidents can be very complex, requiring coordination between responding agencies, each having specialized responsibilities. Responders are subject to tunnel vision regarding their primary objectives and may overlook safety issues. Some consideration is given to traffic, not just from the perspective of how traffic affects the incident, but also how the incident affects traffic. In this role, our agency plays a very important part. DEFINITIONS:

Advance warning - Notification to approaching motorists to transition from normal driving status to that required by traffic control measures ahead of them.

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Highway Incident Work Zone for interstate or 4-lane highway with one lane closure.

Block with fire apparatus here

Spot initial police vehicle here

Flagger, on the shoulder to warn oncoming traffic at the end of traffic queue.

Flagger, inside the cones to direct and control traffic through the scene.




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Highway Incident Work Zone for 2-lane highway with one lane closure

Flaggers are to have some means of communication to ensure that only one lane of traffic flows at one time past the Incident Zone.




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Long-Term Incidents: At major incidents involving fatalities, severe or multiple injuries requiring extensive extrication, hazardous materials, vehicle fires, etc., a full closure in at least one [1] direction of travel may be required. Closing a major highway is a last option and should be avoided, if possible, because of negative effects on safety and traffic flow, not just in the immediate area, but also on the surrounding roadway network and community. When initial responders determine that an incident is going to have a major impact on traffic and cannot be cleared in thirty [30] minutes or less, or requires full closure, the public works department [for municipal and county roadways] or the State Department of Transportation [for State and federal highways] should be notified and consulted to evaluate alternatives and request assistance. If full closure is required, vehicles, trapped between the diversion point and the incident site, are high priority. It may be possible to open the shoulder or a portion of one [1] lane for a brief period in order to let these vehicles pass the incident. If motorists trapped between the diversion point and the incident cannot pass, a traffic control detail should be assigned to assist motorists. If possible, motorists at the upstream end of the queue should be allowed to reverse direction and travel to the diversion point to re-enter traffic. Personnel should also be assigned to advise motorists of the plan, and to determine if any trapped motorists need assistance.



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Subject: Emergency Vehicle Operations Policy Number: 5.34


Approval Authority Title and Signature: POLICY: «Insert_LE_Agency» officers adhere to statutory and other safety requirements when operating motor vehicles, and especially during emergencies. Safety of the public and officers are a critical component of decision making under both routine and emergency conditions. DEFINITIONS:

Declared Emergency - The driver of an authorized emergency vehicle has decided that a potential emergency condition exists, or has been instructed to response to a reported incident in an emergency mode. In either event, the vehicle operator activates emergency warning devices and notifies dispatch that the vehicle is being operated in an emergency mode, reason, general direction of travel, and the approximate location.

Emergency Mode - Operating an emergency response vehicle in a serious situation or occurrence that happens unexpectedly and demands immediate action. Except in exigent circumstances, an emergency response requires activation of all emergency warning devices. Sometimes referred to as Code III, Code 3, or other descriptive titles.

Emergency Vehicle - An authorized law enforcement, medical, or fire or

specially equipped vehicle with emergency warning devices and used for emergency response situations.

Emergency Warning Devices - Audible and visual signaling devices placed

in/on each agency emergency vehicle that emit audible or visual signals in order to warn others that law enforcement services are in the process of being delivered. Warning devices may include flashing lights, siren, markings and other emergency warning devices required by policy or law.

PROCEDURES:

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Safety Guidelines: As a practical matter, emergency response, patrol, transport, and other vehicles operated by this agency make every reasonable effort to obey all traffic laws, and use defensive driving tactics. Employees of «Insert_LE_Agency» are expected and required to display safe and exemplary conduct while operating motor vehicles. This includes obeying all traffic laws, such as activation of traffic warning devices and posted speed limits. It cannot be overstated how important it is for officers to set a good example when operating an emergency vehicle. Members of the public often watch our every move during a declared emergency, and expect us to set the example for life safety. Conditions to consider often include traffic flow, weather, visibility, and nature of the service call. Assigning & Determining Response Modes to Calls for Assistance: There are several ways to declare an emergency, and operate outside of the normally applied traffic law of this state, as these laws relate to speed, turns, and safety warning devices for the public. These means all require declaring an emergency. Those who can declare an emergency are:

1. Patrol officer operating the vehicle; 2. Supervisors; & 3. Dispatch.

Field supervisors or communications personnel assigning officers to respond to calls for assistance normally advise which response mode is appropriate. Dispatchers and field supervisors are responsible for monitoring response modes and have the authority to upgrade or downgrade response modes, based on their knowledge of the changing conditions of the situation or incident. When officers determine the need to initiate emergency mode in response to sudden occurrences, they first activate emergency warning devices and immediately inform communications personnel of the:

1. Fact that emergency signaling devices have been activated; 2. Critical details of the situation; & 3. Location, route, & intended destination or action.

Use of Emergency Warning Devices While in Emergency Mode: The following conditions normally apply to all vehicles equipped with emergency signaling devices:

1. Emergency lights and/or siren and other emergency signal devices are activated at the beginning of every emergency response or vehicle pursuit.

2. Headlights are also activated to augment the emergency vehicle’s visibility when operating in emergency mode.

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3. Four-way flashers are not used when the emergency vehicle is in motion because they may interfere with brake lights and turn signals.

4. Vehicle spotlight is primarily used to facilitate building and stationary vehicle checks and is not activated when commencing a pursuit or while driving at high speeds, responding to an emergency. In addition, it is never directed at the windshield or into the vision of oncoming drivers.

5. Emergency signal devices may be deactivated at a reasonable distance from the scene, as determined by the vehicle operator, so as not to alert subjects. When deactivation occurs the patrol driver returns to a safe slower speed and obeys traffic-warning devices.

6. When emergency signal devices are deactivated, the operator of the emergency vehicle complies with posted speed limits, obey all traffic control devices and signals, and proceed in a manner consistent with normal traffic flow.

It is important to remember that during an emergency response or vehicle pursuit, warning devices assist in the protection of the public by providing warning of potential or approaching danger. As such, officers consider the deactivation of emergency equipment, once an emergency or pursuit is in progress. Use of Emergency Warning Devices While Conducting Vehicle Stops: Visible warning devices are used to make adequate notice of intent to stop a motor vehicle and to provide a safe environment for the vehicle operator, officer, and public. On occasions, it may be necessary to activate the audible signaling device. When stopped along a public roadway, the officer positions his vehicle to the rear of the motorist’s vehicle, and the visual signaling devices remain on throughout the stop process. Discretionary Use of Emergency Warning Devices: Officers may activate emergency signal devices when required to assist in handling any perceived emergency. In doing so, officers advise communications personnel of the nature of the emergency and the emergency response mode that has been undertaken. In other than declared emergencies, when expediency is required to eliminate a potential hazard to the public, officers may activate emergency warning devices to allow orderly and safe transit. Examples of permissible uses of emergency warning devices during non-emergency response situations include, but are not limited to:

1. Using emergency lights as warning beacons to protect disabled motorists; 2. When signaling another officer or citizen of their location or movement; & 3. Using emergency lights when it is necessary to use vehicles as protective

barriers. Operators of emergency vehicles deactivate emergency warning devices when returning to normal patrol activities and notify dispatch accordingly.



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Subject: Vehicular Pursuit – Discretionary Policy Number: 5.35


Approval Authority Title and Signature: POLICY: High-speed vehicular pursuits are critical incidents. The way in which high-speed vehicle pursuits are responded to, performed, terminated, and supervised is an important element of protecting the public we serve. DEFINITIONS:

REMOVE AFTER REVIEW OF THIS VERY IMPORTANT POLICY CONSIDERATION

Law enforcement managers differ regarding their approach to vehicular pursuits. In an effort to meet your agency’s approach, OSS designed three [3] distinct policies, they are:

1. 05.35 Vehicular Pursuit – A - Discretionary: Allowable with officer discretion and important responsibilities regarding response, performance, termination and supervision.

2. 05.35 Vehicular Pursuit – B - Restrictive: Vehicle pursuits are generally restricted to exigent circumstances, and when occurring are authorized and closely monitored by supervisors.

3. 05.35 Vehicular Pursuit – C - Prohibitive: Vehicle pursuits are

generally prohibited except in exigent circumstances, and when occurring are authorized and controlled by this policy.

We recommend you review the details of each of these policy formats, choose the one that is closest to your management approach and make your changes. You can then delete this Discussion insert, and remove the other two draft policy types from your policy set.

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Authorized Emergency Vehicle - A vehicle equipped with operable emergency equipment as defined by state law, including a siren and emergency signaling lights. The presence of marked units, using its emergency lights and/or sirens minimizes the risk to the public by providing warning.

Boxing-in - A technique whereby two or more patrol units move into positions

around the fleeing suspect vehicle, forcing a box. Once the box is formed, all officer units slow, causing the violator in the box to slow as well. This can also be considered a form of rolling roadblock.

Channeling - A form of boxing-in, or setting of conditions by emergency vehicles

that directs vehicular traffic, or the suspect’s vehicle, onto another roadway or into an area of limited escape. Depending on the form, this can also be considered a type of rolling roadblock.

Controlled Contact - Often referred to as Pursuit Intervention Technique [PIT] or

Tactical Vehicle Intervention [TVI], these tactics are an intentional act of making contact with a suspect’s moving vehicle to force it from its course of travel. These are skilled maneuvers that require specific officer training. Generally, controlled contact is undertaken at lower speeds, and is frequently intended to cause the violator leave the roadway in a methodical manner. When performed correctly, the suspect’s engine may stall out.

Controlled Deflation Device - Sometimes called spike strips or quill strips. Tire

deflation devices when properly deployed may help reduce the speed of the pursuit by disabling one or more of the suspect’s tires. Tire deflation devices are not a guarantee, as certain vehicles now have run-flat tires.

Exigent Circumstance - An emergency situation requiring swift action to prevent

imminent danger to life or serious damage to property, or to forestall the imminent escape of a violent suspect, or destruction of evidence. There is no ready litmus test for determining whether such circumstances exist, and in each case the extraordinary situation is measured by the facts known by officials.

High-speed - In the context of a vehicle pursuit, generally speeds reaching

twenty [20] miles-per-hour over the posted speed limit. This is not a rule, but rather a guide. Other factors should be considered such as road conditions, traffic, weather, terrain, etc.

Motor Vehicular Pursuit - An active attempt by an officer in an authorized

emergency vehicle to apprehend fleeing suspect(s), who know that an officer is trying to stop them, and who have given some indication of the intent not to stop or yield. The intent not to stop can be by increasing speed, bypassing traffic control devices, or by other means.




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totality of the circumstances in which they find themselves when making decisions.

4. Officers should attempt to stay at, or below, the control level that matches the pursuit level [i.e., Level Two Pursuit = Level Two Control]. The suspect’s deliberate escalation of the pursuit level typically causes officers to consider escalating the control level.

5. Decisions regarding the use of particular pursuit control tactics should not be based solely on the likely liability exposure, but should give significant consideration to the degree of risk faced by the involved officers, and the general public.

6. As with other tactical considerations, officers should only utilize tactics and techniques for which they have been trained.

Use of Force & Pursuit Management Continuum Relationships: To better understand the application of the Pursuit Management Continuum and how it can aid officers, review the Use of Force Continuum in Use of Force & Deadly Force. The concept in each is to attempt an application of the least force necessary to bring the suspect into compliance. Obviously no two scenarios are the same. A suspect might enter either the Use of Force Continuum or Pursuit Management Continuum at any level. Officers faced with each situation may likewise enter at any control level that is reasonable, based on the totality of the circumstances. Fortunately, for officers and the public, the great majority of offenders safely yield at the mere presence of an officer. It is the criminal actor that does not apply good reason and yield that makes the associated decision making process difficult and dangerous for officers and the public.




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VEHICLE MAINTENANCE FORM NAME: _____________________________________________ DATE: ________________________

VEHICLE#: _________ MAKE: ____________ MODEL: _____________ MILEAGE: _____________

EXTERIOR:

Damage:

_____ None

_____ If damage, mark with an “X“ and provide comments.

Comments: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________

TIRES:

Cold (36-40) _____ Hot (40-44) _____

PSI:

Front Left _____

Front Right _____

Rear Left _____

Rear Right _____

Tread _____

Sidewalls _____

WINDSHIELD:

Clean and free of debris _____

Cracked _____

Working Wipers _____

Vehicle Exterior Clean _____

INTERIOR:

Interior clean _____

Free of debris _____

Loose objects secured or contraband

removed _____

Safety belts operational _____

Headrests set properly _____

Fuel level _____

Warning lights functional (do not start

engine, check by turning key on) _____



Page 1 of 5


Policies and Procedures Subject: Vehicle Seizure, Removal, Towing, & Storage

Policy Number: 5.40


Approval Authority Title and Signature: POLICY: It is sometimes necessary for public safety, security, and protection of property to seize, remove, tow, and store motor vehicles and movable objects from public streets, common areas, and in some instances from public property. PROCEDURE: The seizure and removal of vehicles, trailers, other transportation equipment in accordance with federal and state laws, and local ordinances for the protection of the public peace, safety, welfare, and the safeguarding of property. Such enforcement action may occur with or without the arrest of the operator or passengers. Seizure & Removal of Vehicles: Officers of this agency are authorized to seize and remove vehicles that are:

1. Violating federal or state safety or highway use laws, codes, and regulations. 2. Suspected of being used in the commission of a federal, state, or local crime,

such as smuggling, drug running, etc. wherein probable cause exists to arrest individuals and seize property.

3. Operated by an operator that is impaired medically, mentally, or otherwise restricted from operating the vehicle, when no approved secondary driver is readily available.

4. Perceived to be a traffic hazard or obstruction. Such as a vehicle left unattended upon a highway, street, alley, or road that is parked illegally or constitutes a potential hazard, or obstruction to the normal flow of traffic.

5. Perceived to be derelict or abandoned. 6. Parked in a fire lane, hazardous, or otherwise unauthorized area. 7. Violating any other condition specified in federal or state law, or local ordinance.

Vehicles of Arrested Persons: A vehicle may be seized if the driver is lawfully arrested, and there are not persons immediately authorized and approved to operate the motor vehicle available.

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In instances where the vehicle of an arrested person is impounded, an inventory of the vehicle is completed. Officers do not use, or consider an inventory process as a substitute for a valid reasonable suspicion standard to conduct a search. Remember:

1. A vehicle inventory is not viewed or conducted as a search. 2. An inventory should never be utilized in lieu of obtaining consent to search, or a

search warrant. 3. Evidence found during a valid impoundment inventory is generally admissible as

evidence in a criminal proceeding. 4. Seized inventory is documented on the appropriate Vehicle Inventory form. 5. Once an inventory has been started, the officer conducting the inventory

completes the inventory process, regardless of what may be discovered during the process.

6. Officers finding suspected contraband or evidence during the inventory: a. Lists the items on the inventory form in addition to any evidence

processing; b. Secures the evidence; & c. Continues the inventory to completion.

7. At the discretion of a supervisor, an officer inventorying an impounded vehicle may request that a licensed driver authorized by the owner be summoned to take possession of the vehicle. This may occur in such instances when:

a. Children are in the vehicle; b. Animals are in the vehicle; & c. Perishable items are in the vehicle.

Recovered Stolen Vehicles: Recovered vehicles that are reported stolen vehicles are processed for evidentiary purposes.

1. Whenever an officer identifies a stolen vehicle and the registered owner cannot be immediately located:

a. An inventory of the vehicle is conducted; b. The vehicle is:

i. Transported by an authorized towing service; ii. Taken to the authorized storage facility; or iii. Temporarily secured and parked in relatively secure area.

2. Whenever an officer locates a stolen vehicle and the registered owner is located and notified:

a. Owner is given the opportunity to personally retrieve the vehicle, or use a contract service.

b. If after a reasonable period of time, the registered owner or agent has not removed the vehicle or confirm an arrival time:

i. The officer may conduct an inventory of the vehicle, & ii. Park and secure the vehicle or have the vehicle towed.

Vehicles Inventory: Officers who seize a vehicle perform an inventory of the vehicle itself, and property in

«Insert_LE_Agency» Car Inventory Form

License No.

State: VIN: Make Model Year

Date:

Time: Officer Printed Name: ID No:

Location:

Case No.:

Reason for Tow: [ ] Violation [ ] Hazard [ ] Accident [ ] Arrest [ ] Abandoned [ ] Private Property [ ] Public Street/Road [ ] Other: __________ Registered Owner:

Name: Telephone:

Address:

Owner ID No.: Type: State:

Driver: [ ] Same as Registered Owner [ ] Not Registered Owner (if not complete below info)

Name: Telephone:

Address:

Driver ID No.: Type: State:

Inventory (check appropriate items): Odometer Reading: Interior: [ ] AM/FM [ ] AM/FM/CASS [ ] AM/FM/CD [ ] AM/FM/USB [ ] Specialty Stereo Equipment:

[ ] Loose-Tapes/CDs (quantity): _______ [ ] Car phone/Bluetooth/CB/Two=way Radio

[ ] Other property:

Glove Compartment: [ ] Registration [ ] Insurance [ ] Other:

Trunk: [ ] Jack [ ] Spare [ ] Other Tools/Items:

Truck Bed: [ ] Toolbox [ ] Fuel Tank [ ] Other Tools/Items:

Keys: [ ] Yes [ ] No [ ] Other Items/Special Notations:

Condition of Vehicle (use diagram below to mark damage): [ ] Running [ ] Not Running [ ] Unknown

[ ] Fenders [ ] Hood/Grill [ ] Windshield/Glass [ ] Lights/Lenses [ ] Roof/Top [ ] Trunk/Bed/Tailgate [ ] Sides/Doors [ ] Bumpers [ ] Tires/Rims [ ] Other:

Left Side Right Side

Photos of Vehicle: [ ] Yes [ ] No If yes, location:

Signature/ID No. of Authorizing Officer:

Towing Company:

Tow Driver Printed Name & Signature:

EVIDENTIARY HOLD: [ ] Yes [ ] No Authorizing Supervisor:

For additional information and comments use reverse side.

«Insert_LE_Agency» Panel Truck Inventory Form

License No.

State: VIN: Make Model Year

Date:

Time: Officer Printed Name: ID No:

Location:

Case No.:

Reason for Tow: [ ] Violation [ ] Hazard [ ] Accident [ ] Arrest [ ] Abandoned [ ] Private Property [ ] Public Street/Road [ ] Other: __________ Registered Owner:

Name: Telephone:

Address:

Owner ID No.: Type: State:

Driver: [ ] Same as Registered Owner [ ] Not Registered Owner (if not complete below info)

Name: Telephone:

Address:

Driver ID No.: Type: State:

Inventory (check appropriate items): Odometer Reading: Interior: [ ] AM/FM [ ] AM/FM/CASS [ ] AM/FM/CD [ ] AM/FM/USB [ ] Specialty Stereo Equipment:

[ ] Loose-Tapes/CDs (quantity): _______ [ ] Car phone/Bluetooth/CB/Two=way Radio

[ ] Other property:

Glove Compartment: [ ] Registration [ ] Insurance [ ] Other:

Trunk: [ ] Jack [ ] Spare [ ] Other Tools/Items:

Truck Bed: [ ] Toolbox [ ] Fuel Tank [ ] Other Tools/Items:

Keys: [ ] Yes [ ] No [ ] Other Items/Special Notations:

Condition of Vehicle (use diagram below to mark damage): [ ] Running [ ] Not Running [ ] Unknown

[ ] Fenders [ ] Hood/Grill [ ] Windshield/Glass [ ] Lights/Lenses [ ] Roof/Top [ ] Trunk/Bed/Tailgate [ ] Sides/Doors [ ] Bumpers [ ] Tires/Rims [ ] Other:

Left Side Right Side

Photos of Vehicle: [ ] Yes [ ] No If yes, location:

Signature/ID No. of Authorizing Officer:

Towing Company:

Tow Driver Printed Name & Signature:

EVIDENTIARY HOLD: [ ] Yes [ ] No Authorizing Supervisor:

For additional information and comments use reverse side.



Page 1 of 7



Subject: Active Shooter Policy Number: 6.06


Approval Authority Title and Signature: POLICY: «Insert_LE_Agency», in order to save innocent lives, recognizes the need for officers to deal swiftly and decisively during active shooter events. Responding officers are authorized to take immediate action to contain and if necessary, neutralize active shooters. DEFINITIONS:

Active Shooter - An active shooter is an armed person who has used deadly

physical force on other persons and continues to do so while having potential access to additional victims.

Immediate Action Rapid Deployment - The swift and immediate deployment of

law enforcement personnel and resources to ongoing, life threatening situation where delayed deployment of personnel could otherwise result in death or great bodily injury to innocent persons. Immediate action rapid deployment tactics are not a substitute, nor the same as conventional response tactics to a barricaded gunman.

Soft Targets - Undefended targets to be destroyed. For example, a soft target

would be an automobile, a house or assembly of people. Hardening a soft target can be achieved by employment of active security elements such as the presence of armed security or law enforcement officers; or passive elements such as Crime Prevention Through Environmental Design [CPTED], physical barriers, and locking systems. Soft targets selected by active shooters most often include public schools, colleges and universities, malls and major retail.

Suicide-by-COP - Is a suicide method in which a criminal actor deliberately acts in a

threatening or destructive way towards a law enforcement officer or others, with the intent of provoking a lethal response, such as being shot to death. Similar phrases include death-by-cop, suicide-by-police, and officer-assisted-suicide.

540 Degrees of Awareness - A tactical deployment concept where officers are aware of the necessity to observe their surroundings 360º horizontally, them, and

Law Enforcement Policies and Procedures, 6.06 Active Shooter



Page 2 of 7

180º overhead. Having the effect of observing to their front, sides, rear, and overhead as they move tactically.

DISCUSSION: It is not unusual for tactical teams to arrive at the scene of a barricaded incident and find that patrol personnel have contained the suspect within a secure perimeter. There is generally time for the tactical team to deploy their personnel without serious concern of the suspect(s) escaping. Once the incident has been isolated, time enables patrol and/or tactical personnel to formulate a structured and deliberate plan. However, there are scenarios that require immediate action and rapid deployment of patrol personnel prior to the arrival of the tactical team. In these cases delayed deployment could have catastrophic consequences. These scenarios often involve an ongoing . . . shots fired or downed officer/citizen rescue. It may also necessitate the immediate and rapid deployment of armed personnel to contain or prevent the escape of an armed and dangerous person(s). Over the past several years the world has experienced a growing trend of mass homicide violence committed by individuals. These episodes have come to be termed active shooter incidents and are unique in that the behavior of the suspects is very different from that typically associated with other violent behaviors. Suspect(s) generally begin to shoot at numbers of people without warning. In planning their attack, the active shooter selects soft targets. The motives for these behaviors include political and religious agendas, rage, vengeance for perceived wrongs, and mental dysfunction. The incidents experienced across the country suggest that the typical police response involving containment, isolation, and negotiation is not adequate. Unlike most criminals, active shooters are likely to continue to use deadly physical force until intervention occurs or until the shooter decides to stop. Unlike most law enforcement calls for service, an active shooter call and response, requires rapid response, quick evaluation of the situation, formulation of a plan, and tactical response to locate and contain the shooter. Initial officers arriving at the scene, most often move to locate and contain the shooter, and rely on other arriving officers to rescue, move, and treat victims. The goal of intervention in active shooter incidents is to:

1. Neutralize the threat(s) by neutralizing the shooter; 2. Limiting access to potential victims; & 3. Rescuing injured persons or potential victims.

These goals can be achieved by various means, up to and including, the timely and effective use of deadly physical force. The active shooter response concept represents a shift in patrol response tactics, equipment needs, and command protocol. These situations require the initial officer

Law Enforcement Policies and Procedures, 6.06 Active Shooter



Page 3 of 7

responders arriving on the scene to have the authority and the capability to take aggressive action without waiting for command staff or for the arrival of specialty units such as SWAT or Crisis Negotiators. CHARACTERISTICS OF AN ACTIVE SHOOTER: The following is a list of characteristics commonly associated with active shooter suspects. This list was compiled from descriptions of past active shooters and not meant to be a comprehensive list describing all active shooters. Each active shooter situation is unique, however, it is helpful to know that an active shooter:

1. Prepared for the event. 2. May be prepared for a sustained confrontation with law enforcement or security

officers. 3. Choose soft targets where there is a perception that people are disarmed and

cannot effectively respond. 4. Choose locations where potential victims are close at hand, such as schools,

colleges, shopping malls, churches, theaters, and concerts, 5. Is intent on killing a number of people as quickly as possible. 6. Present a first indication of their presence when they begin to assault victims. 7. May act in the manner of a sniper, assaulting victims from a distance. 8. May also engage multiple targets while remaining constantly mobile. 9. Are not deterred or susceptible to containment or negotiation tactics. 10. Typically continue their attack despite the arrival of emergency responders. 11. Are often better armed and prepared than security and law enforcement officers. 12. Are not limited to the use of firearms in accomplishing their attacks on victims. They

may use bladed weapons, vehicles, explosives, booby traps, body armor or any tool that, in the circumstance in which it is used, constitutes deadly physical force.

13. Historically have not attempted to hide their identity or conceal their attacks. 14. May employ some type of diversion. 15. May be indiscriminate in their violence or they may seek specific victims. 16. Usually have some degree of familiarity with the building or location they choose to

occupy. In the case of school and college shootings, almost always attack fellow classmates.

17. Active shooter events are dynamic and may go in and out of an "active" status; a static incident may turn into an active shooter event or an active shooter may go "inactive" by going to a barricaded status without access to victims.

18. Escape is usually not a priority of the active shooter. 19. Active shooters may be suicidal, deciding to die in the course of their actions either

at the hand of others or by self-inflicted wound. The original plan contemplates … suicide-by-COP.

TACTICS: The following seven [7] tactical tenets set general tactical response guidelines for an active shooter incidents. Again, these incidents are unique such that their effective handling



Page 1 of 2


Policies and procedures

Subject: Mutual Aid & Inter-local Agreements

Policy Number: 7.11


Approval Authority Title and Signature: POLICY: Under special and emergency situations, «Insert_LE_Agency» may provide or receive aid and assistance to and from other public entities and groups. DISCUSSION: For purposes of this policy, Mutual Aid Agreements [MAA], Inter-Local Agreements [ILA] and Memorandums of Understanding [MOU] have the same general meaning and are referred to as a mutual aid agreement. Under emergency or special conditions, agency personnel may provide assistance in other enforcement jurisdictions. Likewise, such aid may be provided within our jurisdiction from agencies and groups that do not normally work within our area of responsibility. In each instance, times permitting the provision of such services are provided under a mutual aid agreement. PROCEDURE: «Insert_LE_Agency» personnel and equipment provided in a mutual aid capacity are managed by agency supervisors and the agency chain of command remains intact, although an incident or joint command may be established. Copies of mutual aid agreements, and associated contingency plans are developed and maintained by the «Second_in_command», and approved by the «Approval_title», with the advice and consent of «citycounty» executives. These agreements are reviewed on an annual basis by the «Approval_title» for economy of force, current law requirements, available resources and community needs. Copies of approved mutual aid agreements are maintained in the communications center as a quick reference for supervisors and telecommunicators. Mutual Aid Agreements: Agreements should provide information necessary to initiate mutual aid when needed, including:



Page 1 of 3


Policies and procedures

Subject: Identity Crimes Policy Number: 8.06


Approval Authority Title and Signature: POLICY: «Insert_LE_Agency» assists identity crime victims and supports efforts to bring criminals to justice. DISCUSSION: Identity crime is the fastest growing and most serious economic crime worldwide. Identity crime can take a severe emotional toll on victims and in some cases the financial effects of the crime lasts for years after the initial event. Identity crime presents unique challenges to both law enforcement and victims. In addition to our crime reporting and investigation function, investigators provide victims with information to help restore their pre-crime status and works within the community to increase awareness and prevention of identity crimes. DEFINITONS:

Identity Crime - The fraudulent use of another person’s identifying information, such as credit card, social security, bank, or driver’s license numbers, with the intent to facilitate other criminal activities, such as to obtain credit, goods, or services without the victim’s consent. No financial loss is necessary for this to be a crime.

Identity Theft Report - A police report that contains specific details of an identity

crime is considered an identity theft report.1

Fair & Accurate Credit Transactions Act [FACT] - Establishes in 2003, this Federal Law requires consumer reporting agencies, creditors, and others to help remedy damages resulting from identity crimes. FACT also requires local law enforcement agencies to provide police reports to victims of identity theft. Under

1 15 U.S.C. §1681c-2 (Fair Credit Reporting Act)

Law Enforcement Policies and Procedures, 8.06 Identity Crimes



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FACT, consumers can obtain free credit reports once a year from each of the three main private credit-reporting agencies.

PROCEDURE: Reporting: An identity crime report enables an identity crime victim to certain protections under federal and state law that aids the victim eliminate fraudulent debt and restore their credit to pre-crime status. Identity crime reports are generally completed by the responding officer to include:

1. Verification of the victim’s identity such as: a. Date of birth; b. Social security number; c. Driver’s license or state identification number; d. Other governmental photo identification, when available; e. Current and prior addresses; f. Telephone contact numbers; & g. Email addresses.

2. How the identity crime was committed; 3. Type(s) of personal identifying information taken or used; 4. Whether the victim authorized anyone to use his/her name or personal

information; 5. Information of possible suspect(s); 6. Reports filed with other law enforcement agencies; 7. Documentation to support his/her complaint and to facilitate the investigation; & 8. If victim plans to assist in a prosecution.

Officer provide the victim with a copy of the completed case number and explain how they can secure a copy of the report. Victim Assistance: Officers taking identity crime reports take reasonable steps to provide victims with pertinent information to assist them in resolving the effects of identity crimes that may include:

1. Report the identity to their financial institution, credit card companies, credit reporting bureaus, etc. if they have not already done so.

2. Brief description of next steps in the investigation; 3. Point of contact information; 4. Contacts for additional information, a detailed statement, etc. 5. Provide resources for assistance: 6. State and Federal agency resources; 7. Private resources; &



Page 1 of 4



Subject: Covert Electronic Recording

Policy Number: 8.11


Approval Authority Title and Signature: POLICY: «Insert_LE_Agency» restricts covert electronic monitoring or recording activities to investigations where a reasonable suspicion of criminal activity exists. This investigative technique is essential in determining criminal wrongdoing, or in gathering evidence of known criminal activity. Official use of covert electronic monitoring techniques by this agency is approved by the «Approval_title» or «Second_in_command» and with the concurrence of the Prosecuting Attorney. DEFINITIONS:

Consensual Monitoring and/or Recording - Monitoring and/or recording of private conversations of an individual or group of individuals whom investigating officers reasonably suspect are involved in, or are planning to commit a criminal offense and; that a consenting party is present during the monitoring and/or recording of such conversations. Consensually monitored conversations may be by telephone recorders, body recorders, or transmitters that are recorded on magnetic tape, digital media, closed circuit television (CCTV), or other electronic recording equipment. To be consensual, at least one of the parties to the conversation(s) are aware that the conversation(s) is being electronically monitored or recorded, and agree to the monitoring or recording.

Non-Consensual Monitoring and/or Recording - The monitoring and/or

recording of private conversations of individuals or group of individuals whom investigating officers reasonably suspect are involved in, or are planning to commit a criminal offense, and where no party involved in the conversion consents to the recording or monitoring of the conversation(s). Federal and many state laws prohibit such recordings by law enforcement officers except under the strict terms of a specific court order.

Covert - An electronic device is covert when it is hidden from normal view or

Law Enforcement Policies and Procedures, 8.11 Covert Electronic Recording



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otherwise secreted away, and at least one of the individuals to be recorded has a reasonable expectation of privacy. Examples of covert recording devices are body recorders or transmitters, miniature CCTV, or parabolic microphones.

Overt surveillance - Is the use of electronic or photographic equipment that is

not hidden from general view, regardless of whether or not the suspect actually see the monitoring device or knows of its existence. Examples of overt surveillance devices include:

o CCTV mounted in hallways, parking lots, waiting rooms, etc; o Officers carrying a tape recorder in their hand or placing it on a table; o CCTV equipment mounted in a patrol car; or o Use of handheld video camera.

No or low expectation of privacy - In some instances citizens have no or low

expectations of privacy. For example:

o Officers recording telephone conversations where they are a party to the conversation.

o Officers recording face-to-face conversations where they are a party to the conversation.

o Recording information at a crime scene. o Monitoring and recording public hallways, elevators, rooms [less

restrooms], of a public building, including agency facilities. o Monitoring and recording sobriety tests. o Recording of voluntary statements made by victims, witnesses, or

suspects. o Recording routine traffic stops with portable or fixed recording equipment.

For policy guidelines on overt electronic recording or instances where there is no or low expectation of privacy see policy Overt Electronic Recording.

LIMITATIONS: Officers may utilize a covert electronic recording device in conjunction with a consenting party, such as a cooperating witness, informant, or undercover officer in accordance with state and federal law. Interception of any form of communication which is not consensual and where the consenting party is not present is not legal in «state». In other words, the consenting party needs to be present during all parts of the conversation. PROCEDURES: Use of Covert Electronic Recording Devices in Consensual Surveillance:

1. Before using any covert recording device in a consensual setting, the officer



Page 1 of 5



Subject: Overt Electronic Recording [1-Party Consent State]

Policy Number: 8.12


Approval Authority Title and Signature: POLICY: The «Insert_LE_Agency» uses overt electronic interview and surveillance techniques and equipment whenever reasonably practical to deter crime and provide a record of events that might be used as evidence in a criminal case. Employees of our agency do not interfere with a citizen’s right to audio or video record officers’ actions that are performed in a public place. DEFINITIONS:

1-Party Consent State - As of 2011 other states, territories, and the District of Columbia) not listed below [see 2-Party Consent State definition below] require only one party consent to a conversation be recorded.

If a caller in a one-party state records a conversation with someone in a 2-party consent state that caller is subject to the stricter of the laws and must have consent from all callers.1 As laws are subject to change, periodically check your and other state’s laws before committing to an investigative plan.

2-Party Consent State - States and territories that require that all parties to a conversation be advised that the conversation is being recorded. As of 2011 eleven states were two-party states, i.e., eleven states currently require that all parties consent to the recording. These states are:2

1. California 2. Connecticut 3. Florida

1Cf. Kearney v. Salomon Smith Barney Inc., 39 Cal. 4th 95 (2006). 2Michigan's eavesdropping statute seems to put it into the 2-party category, but the courts have ruled that in Michigan, a party may record their own conversation without the consent of any other parties but cannot grant that right to a third party. There are certain exceptions to these rules, so check these rules.

Law Enforcement Policies and Procedures, 8.12 Overt Electronic Recording – 1-Party Consent State



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4. Illinois 5. Maryland 6. Massachusetts 7. Montana 8. Nevada 9. New Hampshire 10. Pennsylvania 11. Washington

As laws are subject to change, periodically check your and other state’s laws before committing to an investigative plan.

Covert - An electronic device is covert, when it is hidden from normal view or

otherwise secreted away, and at least one of the individuals to be recorded has a reasonable expectation of privacy. Examples of covert recording devices are body recorders or transmitters, miniature closed circuit television [CCTV], or parabolic microphones. For agency guidelines on covert surveillance see our policy Covert Electronic Recording.

Interview - For purposes of this policy, an interview is defined as questioning of

a potential witnesses or victim that does not require a waiver of Miranda rights from the party questioned.

No or low expectation of privacy - In some instances residents and officers

have no or low expectation of privacy to include:

o Officers recording telephone conversations where they are a party to the conversation;

o Officers recording face-to-face conversations where they are a party to the conversation;

o Recording information at a crime scene; o Monitoring and recording public hall ways, elevators, rooms [less

restrooms], of a public building, including agency facilities; o Monitoring and recording sobriety tests; o Recording of voluntary statements made by victims, witnesses, or

suspects; & o Recording routine traffic stops with portable or fixed recording equipment.

Overt surveillance - Is the use of electronic or photographic equipment that is not hidden from general view, regardless of whether or not the suspect actually sees the monitoring device or knows of its’ existence. Examples of overt surveillance devices include:

o CCTV mounted in hallways, parking lots, waiting rooms, etc.;



Page 1 of 4


Policies and Procedures Subject: Lockup & Intake of Detainees Policy Number: 9.01


Approval Authority Title and Signature: POLICY: Intake and lockup processing of detainees is accomplished in an efficient manner that combines firmness, with respect for the rights and needs of the person being detained. During the intake process, arresting or transporting officers of «Insert_LE_Agency» work closely and support the officer completing the intake process by controlling their arrested or transported prisoner. DEFINITIONS:

Classification - The process by which detainees are separated one from another, as they are booked into a lock-up or jail.

Jail - A central detention facility operated by the «Approval_title» or Jailer of a

County.

Lock-up - A temporary holding facility, usually located in a police or constables office, where detainees are held for a short period, pending release or transport to jail.

PROCEDURES: Detainees Taken to a Lock-up: No weapons (firearms, batons, knives, gas devices, etc.) are allowed in the detention area.

1. When delivering detainee, weapons are secured in lockers, if provided or in the trunk of the patrol vehicle before entering the secured portion of the detention area.

2. When removing detainee from the jail or lock-up, weapons are placed in lockers before entering the secured areas of the facility. After securing the detainee, weapons are retrieved at which time the detention officer turns the detainee over to the officer.

Law Enforcement Policies and Procedures, 9.01 Lockup & Intake of Detainees



Page 2 of 4

Detainees are not accepted into the facility and remain in the custody of the arresting or transporting officers when:

1. Inaccuracies exist in the arrestee’s paperwork; 2. A question as to the identity of the arrestee in comparison to the accompanying

paperwork; 3. Transporting officers refuse to provide or cannot furnish reasonable background

data about the detainee; 4. Detainee is in need of medical attention; 5. Detainee is in need of psychiatric evaluation or observation; or 6. Detainee requires special needs that the facility cannot reasonably provide.

Duties of Arresting Officer: A detainee remains with and under the responsibility of the arresting officer until the detention officer accepts custody of the detainee. When any officer is delivering a detainee to the facility, he or she remains with the detainee until accepted by the booking officer. The arresting officer:

1. Assists the booking officer during the intake process by controlling his prisoner; 2. Provides an arrest report or arrest warrant, filled out clearly and legibly by the

officer, prior to releasing the arrested subject to the booking officer; 3. In cases of multiple arrests, an arrest report is completed for each detainee; & 4. After the booking officer has accepted custody of the detainee and the arresting

officer has given him the arrest report, the booking officer is then responsible for custody of the prisoner, and not before.

Receiving or Booking Officer Duties: During intake the officer in charge of the lock-up:

1. Classifies the detainee to the extent reasonably possible, with physical separation being maintained between the following categories of detainees: a. General population - the typical custody levels for the facility; b. Close or maximum custody - those who may be violent or harmful to

themselves or others; c. Medical isolation; d. Contagious or communicable diseases; e. Separation and protective custody; f. Trustee; & g. Drunk tank & detoxification – to be moved to general population as soon as

they can care for themselves. 2. Conducts a limited medical, mental health, and suicide prevention screening to

determine necessary medical condition and services while in custody in the lockup. For more on suicide screening, see Mental Disability & Suicide Intake Form. In instances where officers perceive the facility is not reasonable capable of housing the detainee safely and securely given their medical or mental needs, the detainee is returned to the arresting officers for transport for treatment elsewhere.

Documents

«Insert LE Agency» Law Enforcement Policies & Procedures ... · PDF fileLaw Enforcement Policies & Procedures with Associated Forms ... 4.13 Uniforms 4.14 Light Duty ... 5.29 Special