bainbridge department of public safety

Transcription

BAINBRIDGE DEPARTMENT
OF
PUBLIC SAFETY
OPERATIONS MANUAL
i
BAINBRIDGE DEPARTMENT OF PUBLIC SAFETY
OPERATIONS MANUAL
TABLE OF CONTENTS
SECTION A.
ADMINISTRATIVE PROCEDURES
PROCEDURES
STANDARD OPRATING
(S.O.P.)
1.
GENERAL PROVISIONS
2.
AGENCY GOALS
3.
ORGANIZATION / ADMINISTRATION
A3-1
Promotional Practices
4.
TRAINING
5.
CONDUCT
A4-1
A4-2
A4-3
A5-1
A5-2
A5-3
Staff Training
Training Attendance
FTO/Evaluation Program
Outside Employment
Harassment
Allegation / Inquiry /
Commendation Report
Receipt of Civil Process
A5-4
6.
DISCIPLINE / APPEALS / GRIEVANCES
7.
UNIFORM AND DRESS CODE
SECTION B.
1.
LAW ENFORCEMENT OPERATIONS
ARREST
B1-1
B1-2
B1-3
B1-4
B1-5
2.
SEARCH AND SEIZURE
B2-1
ii
Taking Suspects into Custody
Processing of Juvenile
Offenders
Confessions and
Interrogation
Prevention of Blood borne
Diseases
Diplomatic and Consular
Immunity, Request for Asylum /
Defection
Execution of Search
Warrants
B2-2
B2-3
B2-4
Male Officers Searching
Female Suspects / Prisoners
Field Interview and PatDown Searches
Strip and Body Cavity
Searches
3.
FIREARMS
B3-1
B3-2
Weapons Qualification
Patrol Rifle Policy
4.
USE OF FORCE
B4-1
Use Non-Deadly Force / Internal
Procedures
Investigation of Officer
Involved in Deadly Force
Incidents
Critical Incidents / Post
Critical Incidents
ECD / Advanced Taser
Use of Chemical Weapons /
Oleoresin Capsicum (OC Spray)
B4-2
B4-3
B4-4
B4-5
5.
OPERATION OF POLICE VEHICLES
B5-1
B5-2
B5-3
B5-4
B5-5
Vehicle Maintenance
Vehicle Pursuit Actions
Use of Road Blocks
Inter-jurisdictional
Pursuit Policy
Vehicle Accident Review Board
6.
EVIDENCE AND PROPERTY
B6-1
B6-2
Property Control
Vehicle Impound/Inventory
7.
RECORDS / INFORMATION
MANAGEMENT
B7-1
Communications/Field
Incident Reporting
Release of Information to the
News Media
Dissemination/Protected
Information
B7-2
B7-3
8.
COMMUNICATIONS AND ALARM RESPONSE
B8-1
B8-2
Communications Procedures
Alarm Response Procedures
9.
PATROL FUNCTIONS
B9-1
Responding to Calls for
Service
Traffic Accident
Investigation
B9-2
iii
B9-3
B9-4
B9-5
B9-6
B9-7
B9-8
10.
INVESTIGATIVE FUNCTION
11.
UNUSUAL OCCURRENCES / TACTICAL
RESPONSE
12.
SECTION C.
B10-1 Crime Scene Response
B10-2 Prosecution Report
Procedures
B10-3 Investigative Case File
B10-4 Case Screening
B10-5 Case Management
B10-6 Line-ups
B11-1 Hazardous Material
Incidents
B11-2 Handling of Bomb Threats
B11-3 Initial Responsibilities
on the Scene of a Hostage,
Active Shooter, Sniper, or
Barricaded Person Incident
B11-4 Stakeouts
B11-5 Civil Disturbance
RACIAL PROFILING
FIRE SUPPRESION OPERATIONS
1.
FIRE STATION RULES
2.
VEHICLE OPERATIONS
3.
Managing Disputes
Investigation-Suspicious
Persons / Vehicles
Building Checks and
Searches
Managing of Mentally Ill
or Intoxicated Persons
Victim Assistance
Family Violence Incidents
C2-1 Vehicle Maintenance
FIRE SERVICES
C3-1 Rehabilitation Guidelines
C3-2 Pump and Hydrant
Guidelines
iv
v
GENERAL ORDER
ISSUED:
EFFECTIVE:
10/06/2006
Immediately
SUBJECT:
CANCELS:
GENERAL PROVISIONS
All previous general orders and policies
REFERENCE:
AMENDS:
GACP SAMPLE OPERATIONS MANUAL
DISTRIBUTION:
All previous general orders and
policies
INDEX
SECTION:
All
A-1
INDEX
I.
PURPOSE
II.
RULES AND REGULATIONS
A.
Overview
1.
Establishment of the Operations Manual
2.
Contents of the Operations Manual
3.
Structure of the Operations Manual
B.
Responsibility / Distribution
C.
Additions / Deletions / Revisions
1.
General Orders
2.
Special Orders
3.
Memoranda
4.
Standard Operating Procedures
D.
Manual Review / Re-evaluation
E.
Legal Review
Section A Chapter 1
General Provisions
Page 2
III.
THIS GENERAL ORDER IS EFFECTIVE IMMEDIATELY
Section A Chapter 1
General Provisions
Page 3
I.
II.
PURPOSE
A.
Establishes an Operations Manual as the official Bainbridge Department of
Public Safety policy to which all personnel shall conform.
B.
Establishes a method of distribution and revision of the Operations Manual.
C.
Establishes each employee's accountability for the Operations Manual,
both in content and in care.
A.
Overview
1.
Establishment of the Operations Manual - An Operations Manual is
hereby established. All personnel are responsible for knowing,
understanding and conforming to the Operations Manual's contents.
Any questions about this Manual shall be brought to the attention of
the employee's immediate supervisor.
This Manual provides only internal Bainbridge Department of Public
Safety guidance. It is not intended to, does not, and may not be
relied on to create any rights, substantive or procedural,
enforceable at law by any party in any matter civil or criminal. No
limitations are hereby placed on otherwise lawful actions that the
Bainbridge Department of Public Safety may undertake.
This Manual is intended to be comprehensive, when the contents of
this manual conflict with earlier Bainbridge Department of Public
Safety statements, policies, procedures or rules, this Manual will
control.
Should a situation arise upon which a Bainbridge
Department of Public Safety policy or procedure predating this
Manual relates to a subject not covered by the Operations Manual,
the prior statement controls, but this situation should be brought to
the attention of the Director of Public Safety.
This Manual is a composite of current policies, procedures and
rules pertaining to the Bainbridge Department of Public Safety. All
existing manuals, orders, or other regulations that are in conflict
with the contents of this Manual are hereby revoked. Those orders
and regulations that are not revoked shall remain in effect.
Any section, sub-section, item, clause, or phrase which is found to
be in contravention of the laws of this State, or of the United States,
or the decisions of the Courts of this State or the United States Supreme Court shall be null and void. All other section, sub-sections,
items, clauses and phrases shall remain in full force and effect.
2.
Contents of the Operations Manual - The Operations Manual was
written to emphasize safety issues, areas of high liability,
prosecutorial conviction requirements, and the overall efficiency and
Section A Chapter 1
General Provisions
Page 4
effectiveness of general Bainbridge Department of Public Safety
operations. Additional requirements pertaining to specialized areas
within the Bainbridge Department of Public Safety will be addressed
at a divisional level. Noted deficits in training programs will be
addressed through memoranda (see Section C.3. below).
3.
Structure of the Operations Manual - Preceding each chapter is a
cover sheet providing the officer with a quick overview of the
contents. These cover sheets include information on related areas
which are addressed in other chapters, the requirements that
directly affect the chapter, and an index of the chapter's contents.
Each chapter starts with purpose statements, listing the main areas
to be addressed. This is followed by a rules and regulations section
that further clarifies and gives additional direction to the purpose
statements.
Procedures to be followed are then presented as topic specific
"standard operating procedures" (SOPs).
B.
Responsibility / Distribution - Copies of the Operations Manual shall be
issued to all personnel of the Bainbridge Department of Public Safety, and
shall remain the property of the Bainbridge Department of Public Safety.
Each employee shall be responsible for the maintenance and care of
his/her Manual and shall update his/her Manual as revisions, deletions and
additions are made.
Distribution shall be through the shift supervisor who will maintain the
distribution log. Employees shall initial the distribution log after receiving
each addition, revision, or deletion to the Operations Manual.
Supervisors shall conduct periodic inspections of their subordinates'
Manuals to ensure they are current and in proper order.
C.
Additions / Deletions / Revisions - Other clarifications and changes to this
Manual will be in the form of general orders, special orders, memoranda
and standard operating procedures.
1.
General Orders
Purpose: To provide written directives from the Director of Public
Safety announcing changes in Bainbridge Department of Public
Safety rules and regulations. General orders will remain in effect
until rescinded by a subsequent General Order.
2.
Special Orders
Purpose: To provide self-canceling or temporary written directives
by the Director of Public Safety or his/her designee. Special Orders
include the effective dates and the date of issue. Special orders are
Section A Chapter 1
General Provisions
Page 5
normally used to affect the status of individuals or to change assignments.
3.
Memoranda
Purpose: To disseminate general information from the Director of
Public Safety or his/her designee.
4.
Standard Operating Procedures (SOPs)
Purpose: Provide written directives from the Director of Public
Safety which explains the specific procedures to be followed under
certain circumstances. Standard Operating Procedures will remain
in effect until rescinded or updated.
D.
Manual Review / Re-evaluation
The Operations Manual shall be reviewed at least annually in order to
ensure that it is consistent with current statutory and case law and
Bainbridge Department of Public Safety practices. Only the Director of
Public Safety or his/her designee shall have the authority to issue, modify
or approve changes to this Manual. Revisions to the Operations Manual
shall be distributed in accordance with the established method of
distribution as outlined above in section B.
E.
Legal Review
*Appropriate policies, procedures and other types of formal
communications will be submitted to the City's legal counsel prior to
adoption.
*Appropriate refers to all high liability areas (e.g., pursuit driving,
roadblocks, use of force, deadly force, etc.).
III.
EFFECTIVE: This General Order is Effective Immediately
______________________
City Manager
Chris Hobby
_______________________
Director of Public Safety
Larry Funderburke
GENERAL ORDER
SUBJECT:
ISSUED:
EFFECTIVE:
10/06/2006
Immediately
CANCELS:
Goals and Objectives
REFERENCE:
All previous General Orders and Polices
City of Bainbridge Employee Policy Manual
GACP Sample Operations Manual
DISTRIBUTION:
AMENDS:
INDEX SECTION:
All
A-2
INDEX
I.
II.
AGENCY PURPOSE
A.
Protection of Life and Property
B.
Prevention, Detection and Investigation of Criminal Activity
C.
Prevention, Detection and Investigation of Fire Incidents
D.
Apprehension of Offenders
E.
Maintenance of Public Order
F.
Recovery of Property
G.
Training of Officers
H.
Compliance with Ethical Standards
I.
Traffic Control
J.
Community Service
K.
Agency Administration
L.
Agency Evaluation
EFFECTIVE: THIS GENERAL ORDER IS EFFECTIVE IMMEDIATELY.
Section A Chapter 2
Page 2
I.
AGENCY PURPOSE
The primary mission of Bainbridge Department of Public Safety is to maintain
social order and protective services within prescribed ethical and constitutional
limits, while providing professional law enforcement and fire suppression services.
To attain this, the Bainbridge Department Public Safety enforces the law in a fair
and impartial manner, recognizing both the statutory and judicial limitations of
police authority and the constitutional rights of all persons. The Bainbridge
Department Public Safety recognizes that no agency can operate at its maximum
potential without supportive input from the citizens it serves. The Bainbridge
Department Public Safety actively solicits and encourages the cooperation of all
citizens to facilitate the maximum use of resources.
To accomplish the Bainbridge Department Public Safety's mission, the following 12
goals are established:
A.
Protection of Life and Property
To provide services that contributes to the preservation of life, the
protection of property, and the safety of the community.
B.
Prevention, Detection and Investigation of Criminal Activity
To prevent crime through aggressive patrol that limits the opportunity for a
crime to occur, and through education of citizens that reduces the likelihood
of them becoming victims.
To provide a thorough, appropriate, and efficient investigation of criminal
activity.
To apply effective measures against organized crime and related activities.
C.
Prevention, Detection and Investigation of Fire Incidents
To prevent fires by actively providing fire inspection services.
To respond timely and efficiently to fire incidents.
To provide a thorough, appropriate, and efficient investigation of arson
activity.
D.
Apprehension of Offenders
To provide for the expeditious and prudent apprehension of suspected
violators of the law, regardless of his status in the community, by thorough,
appropriate, and efficient investigations.
E.
Maintenance of Public Order
Section A Chapter 2
Page 3
To maintain peace and public order.
To assist during times of natural or technological occurrences or disasters.
F.
Recovery of Property
To secure and maintain an inventory of all property, evidence, lost and
recovered/stolen property being held by the Bainbridge Department of
Public Safety; thereby ensuring that all property and evidence is available
when needed.
G.
Training of Officers
To design and implement a training program to fill the training needs of
officers, and to promote a high rate of proficiency in the officers of the
Bainbridge Department Public Safety.
To address career development goals of agency personnel.
H.
Compliance with Ethical Standards
To ensure the integrity and adherence to professional standards of the
Bainbridge Department Public Safety by processing and investigating all
complaints against agency personnel.
I.
Traffic Control
To provide for the safe and effective flow of both vehicular and pedestrian
traffic and the investigation of traffic related accidents.
J.
Community Service
To provide the resources necessary for assisting citizens under special
non-criminal circumstances. The Bainbridge Department Public Safety's
management system will plan, staff, coordinate and control resources in
support of community oriented policing. Further, the Bainbridge
Department Public Safety's community relations and crime/fire prevention
objectives are shared by all personnel.
K.
Agency Administration
To provide management, administration, and support required for the
operation of the Bainbridge Department Public Safety. The Bainbridge
Department Public Safety will develop a Management Information System
(MIS) to be used to prepare reports for selected Agency components and
activities. The MIS will provide information regarding workloads of the
Administrative, Patrol and Criminal Investigation Divisions. In addition, the
MIS will monitor processing times, resources used, performance and
productivity.
Section A Chapter 2
Page 4
To develop an accounting system for the internal monitoring of all fiscal
activities, including accounting and auditing procedures covering funds
used in undercover operations and paying informants.
L.
Agency Evaluation
To develop a performance instrument to periodically evaluate the
Bainbridge Department Public Safety's overall performance in meeting its
acknowledged goals and objectives. Deficiencies noted by the evaluation
instrument will be identified and remedial plans developed and
implemented to correct all deficiencies.
II.
EFFECTIVE: This General Order is effective immediately.
________________________
City Manager
Chris Hobby
_________________________
Larry Funderburke
GENERAL ORDER
SUBJECT:
ISSUED:
EFFECTIVE:
10/10/2006
Immediately
CANCELS:
Organization and Administration
REFERENCE:
GACP Sample Operations Manual
DISTRIBUTION:
All
INDEX SECTION:
A-3
AMENDS:
INDEX
I.
PURPOSE
II.
III.
A.
General Responsibilities
B.
Duty Responsibilities
C.
Discharge of Duties
D.
Command Responsibility
E.
Chain of Command
F.
Assignment of Rank
G.
Flexibility of Organization
H.
Organization
I.
Bainbridge Department of Public Safety Structure
J.
Organization Chart
EFFECTIVE: THIS GENERAL ORDER IS EFFECTIVE IMMEDIATELY
STANDARD OPERATING PROCEDURES (S.O.P)
S.O.P. A3-1 PROMOTIONAL PRACTICES
Section A Chapter 3
Organization & Administration
Page 2
I.
II.
PURPOSE
A.
Establishes the general responsibilities and duties of Bainbridge
Department of Public Safety personnel.
B.
Establishes Bainbridge Department of Public Safety operational guidelines,
the chain of command, and duties attached to positions in the department.
C.
Identifies other personnel management topics which should be addressed
in the Manual.
D.
Establishes a standard operating procedure for evaluating work
performance.
A.
General Responsibilities
Within the jurisdiction, officers of Bainbridge Department of Public Safety shall
always take appropriate action to:
-
B.
Protect life and property;
Preserve the peace;
Prevent crime;
Detect and arrest violators of the law; and
Enforce all federal, state and local laws and ordinances coming
under Bainbridge Department of Public Safety jurisdiction.
Duty Responsibilities
Officers of Bainbridge Department of Public Safety are always subject to
duty, although they may periodically be relieved of its routine performance.
They shall always respond to the lawful orders of superior officers and
other proper authorities, as well as calls for police and fire assistance from
citizens. Proper action must be taken whenever required. All officers are
accountable for their use of delegated authority. Even when assigned
special duty, officers are expected to exercise their authority as necessary.
C.
Discharge of Duties
1.
All officers and employees of Bainbridge Department of Public
Safety shall discharge their duties with calmness and firmness in a
professional manner. They shall assist and protect each other in
the maintenance of peace and order and in the performance of all
of their duties.
2.
Officers and employees of Bainbridge Department of Public Safety
who may have questions concerning the performance of their duties
Section A Chapter 3
Page 3
shall direct such questions to their immediate supervisor.
D.
E.
Command Responsibility
1.
A commanding officer has responsibility and accountability for every
aspect of his/her command. Within policy guidelines and legal
constraints, the commander has the authority to coordinate and
direct assigned personnel and other allocated resources to achieve
organizational objectives. The commander must perform the full
range of administrative functions, relying upon policy, direction,
training, and personal initiative to achieve the highest level of
performance possible.
2.
Upon a change of command, the commanding officer being
replaced has a duty to lend his/her full assistance in making the
command transition as smooth and orderly as possible. Orientation
of a new commanding officer should include information concerning
unique problems of the command and assistance in continuing
community and professional contacts relative to the command.
Chain of Command
Organizationally, the numbers of persons who report to the Director of
Public Safety are limited. To ensure unity of command, clearly defined
lines of authority must be drawn so that there exists a formal, structural
relationship between each employee and the Director of Public Safety.
Each employee must be aware of his/her relative position in the
organization. This includes understanding to whom he/she report and
likewise, who reports to him/her. Employees should strive always to
operate within the chain of command and to keep their supervisors
informed as to their activities. As depicted in Bainbridge Department of
Public Safety Organization Chart, each employee is accountable to only
one supervisor at any given time. The Director of Public Safety is available
(by appointment) to any employee of Bainbridge Department of Public
Safety.
F.
Assignment of Rank
The number of ranking positions in the Bainbridge Department of Public
Safety will be as specified and required by the organizational structure.
Ranked positions in the uniformed patrol division are defined as those
positions above the rank of public safety officer, and will include the
positions of public safety officer 1, public safety officer 1st class, corporal,
sergeant, assistant fire chief, captain, fire chief, and major. Personnel
serving in the criminal investigations division will hold the title of
investigator with the CID supervisor holding the title of chief investigator.
Appointments of individuals to these positions will be made by the Director
of Public Safety in accordance with Bainbridge Department of Public Safety
Section A Chapter 3
Page 4
promotional practices.(see SOP A3-1 Promotional Practices.)
G.
Flexibility of Organization
The ability of Bainbridge Department of Public Safety to make
organizational adjustments to meet changing needs is essential in
obtaining the maximum benefit from the expenditure of assigned
resources. To ensure stability and continuity, the basic Agency structure
should not be changed without a demonstrated need or to satisfy
temporary requirements. There must be continuous monitoring to ensure
that agency organizational needs are being met. In addition, each
commanding officer has the responsibility to maintain the organizational
viability of his/her command through constant re-evaluation.
H.
Organization
No organization can function without an organizational structure that
assigns responsibilities and functions to specific individuals or groups of
individuals. Each person employed by Bainbridge Department of Public
Safety is responsible and accountable for assigned functions and tasks.
The function of an employee holding supervisory responsibilities is to see
that persons under his/her supervision are performing their tasks.
I.
Agency Structure
Bainbridge Department of Public Safety is organized into three divisions;
the Uniform Patrol Division, the Criminal Investigation Division, and the
Support Services Division. Each division performs separate and distinct
activities which are interrelated. A description of Bainbridge Department of
Public Safety rank structure and employees' work responsibilities follows.
1.
a.
The Director of Public Safety shall be responsible to the City
Manager. The Director shall formulate agency policies,
administer rules and regulations and insure that all general
and special orders are understood and enforced.
b.
Bainbridge Department of Public Safety operates under the
direct supervision of the Director of Public Safety. The
Director of Public Safety shall designate a second in
command. In the absence of the Director of Public Safety,
the second in command shall be regarded as the Director of
Public Safety's representative and his/her commands
obeyed.
c.
Bainbridge Department of Public Safety conducts (or
contracts for) an annual staffing analysis to determine if
changes are needed in the number of personnel assigned to
Section A Chapter 3
Page 5
each division, in order to meet organizational goals and
objectives.
2.
3.
Assistant Director Public Safety
a.
In the absence of the Director of Public Safety, the Assistant
Director shall be regarded as the Director of Public Safety's
representative and his/her commands obeyed.
b.
The Assistant Director shall assist in the formulation of
agency policies, administering rules and regulations and
insuring that all general and special orders are understood
and enforced.
Uniform Patrol Division
The Bainbridge Department of Public Safety is unique among most
agencies in the State of Georgia in that it provides both Police and
Fire Suppression services for the City of Bainbridge. Due to this
uniqueness the agency structure must also be unique.
The Uniform Patrol Division consists of two parts, a Patrol Division
and Fire Suppression Division.
The primary role and responsibility of most Public Safety Officers is
that of Police Patrol, during which time he/she falls under the
command of the Patrol Division Commander.
During times of Fire Related Services Public Safety Officers fall
under command of the Fire Chief.
a.
The Patrol Division shall be commanded by the Patrol
Division Commander who shall hold the rank of Major.
The number of shift supervisors per shift shall be based on
workload demands. When two ranking officers are on duty,
the highest ranking officer shall be responsible for deciding
who supervises the patrol activities.
Duties and responsibilities of personnel are as follows:
1)
Patrol Division Commander is directly responsible to
the Director of Public Safety for the following:
a)
Providing overall supervision for all officers
and employees under his/her command,
subject to a higher authority;
Section A Chapter 3
Page 6
2)
b)
Ensuring employee compliance with
Bainbridge Department of Public Safety
policies, procedures and regulations;
c)
personnel management system;
d)
Evaluating the Division's productivity and
performance of employees;
e)
Maintaining Division records;
f)
Preparing and monitoring the Division's
budget;
g)
Making shift assignments;
h)
Keeping the Division personnel updated on
changes on both the law and operational
policies and procedures;
i)
Scheduling employees' training;
j)
Making recommendations to the Director of
Public Safety on the status of vehicles
(maintenance), communications equipment,
and manpower assigned to the Division; and
k)
Coordinating with the Criminal Investigation
Division Commander for manpower
allocations for special operations.
Shift Supervisor – Shift Supervisor is a title that
describes all shift Captains, Sergeants, and
Corporals. Shift Supervisors provide direct
supervision to his/her subordinates. The supervisor
is accountable for the work performance of his/her
subordinates and is responsible to the Patrol
Division Commander for the following tasks:
a)
Informing the Patrol Division Commander of
any changes in the status of his/her shift
including:
-
absences (authorized and
unauthorized);
injuries/accidents involving shift
Section A Chapter 3
Page 7
-
personnel;
equipment malfunctions/repairs
needed; and
any incident which potentially could
bring adverse public reaction or
discredit to Bainbridge Department of
Public Safety.
b)
Monitoring statistics and directing selective
enforcement at targeted crime and traffic
areas as applicable;
c)
Conducting roll call as follows:
-
line-up 15 minutes before shift
change;
conduct inspection of personnel;
brief watch on current information
affecting operations;
assign patrol zones; and
supervise vehicle check before
departure.
d)
Acting as primary back-up to his/her Public
Safety Officers;
e)
Maintaining information on the whereabouts
of his/her Public Safety Officers;
f)
Taking and completing assignments when
his/her Public Safety Officers are engaged in
other activities;
g)
Advising and assisting Public Safety Officers
in all phases of law enforcement;
h)
Serving as the exclusive authority on his/her
shift for "calling out" the Patrol Division
Commander and/or CID personnel in
emergency situations;
i)
Reviewing all reports generated by his or her
shift for accuracy, completeness, and
conformity to reporting procedures;
j)
Evaluating shift and employee productivity;
k)
Briefing the in-coming shift supervisor on
Section A Chapter 3
Page 8
shift activity and the status of equipment;
l)
3)
b.
Keeping shift personnel updated on the
changes in law and in operational policies.
Public Safety Officer – Public Safety Officer is a title
that describes a basic Public Safety Officer, Public
Safety Officer 1, and Public Safety Officer 1st Class.
The Public Safety Officer works directly under the
supervision of the shift supervisor. A Public Safety
Officer is responsible for carrying out all lawful
orders of his/her supervisor in a timely, accurate and
thorough manner. A Public Safety Officer is charged
with the following tasks:
a)
Responding to and handling calls for police
and fire services;
b)
Conducting preliminary and/or full
investigations of crimes, offenses, incidents
and unusual conditions;
c)
Directing traffic and enforcing federal and
state criminal statutes and local ordinances;
d)
Providing emergency services; and
e)
Conducting preventive patrol. This includes
making person and property inquiries and
inspections focused on preventing crimes
and accidents, maintaining public order, and
discovering hazards; and
f)
Promptly preparing thorough, complete and
accurate reports of all occurrences and
incidents.
The Fires Suppression Division shall be commanded by the
Fire Chief.
1)
The Fire Chief is directly responsible to the Director
of Public Safety for the following:
a)
Providing overall supervision for all officers
and employees under his/her command,
subject to a higher authority;
Section A Chapter 3
Page 9
2)
b)
policies, procedures and regulations;
c)
personnel management system;
d)
Evaluating the Division's productivity and
performance of employees;
e)
f)
Preparing and monitoring the Division's
budget;
g)
Making shift assignments;
h)
Keeping the Division personnel updated on
changes on both the law and operational
policies and procedures;
i)
Scheduling employees' training;
j)
Making recommendations to the Director of
Public Safety on the status of vehicles
(maintenance), communications equipment,
and manpower assigned to the Division; and
k)
Coordinating with the Criminal Investigation
Division Commander for manpower
allocations for special operations.
Assistant Fire Chief - Provide direct supervision to
his/her subordinates. The supervisor is accountable
for the work performance of his/her subordinates
and is responsible to the Fire Chief for the following
tasks:
a)
Informing the Fire Chief of any changes in
the status of his/her shift including:
-
absences (authorized and
unauthorized);
injuries/accidents involving shift
personnel;
equipment malfunctions/repairs
Section A Chapter 3
Page 10
-
4.
needed; and
any incident which potentially could
bring adverse public reaction or
discredit to Bainbridge Department of
Public Safety.
b)
Monitoring statistics and directing selective
fire code enforcement at targeted areas as
applicable;
c)
Maintaining information on the whereabouts
of his/her Public Safety Officers;
d)
Taking and completing assignments when
his/her Public Safety Officers are engaged in
other activities;
e)
Advising and assisting Public Safety Officers
in all phases of fire suppression;
f)
Serving as the exclusive authority on his/her
shift for "calling out" the Fire Chief and/or
CID personnel in emergency situations;
g)
Reviewing all reports generated by his or her
shift for accuracy, completeness, and
conformity to reporting procedures;
h)
Evaluating shift and employee productivity;
i)
Briefing the in-coming shift supervisor on
shift activity and the status of equipment;
j)
Keeping shift personnel updated on the
changes in procedures and in operational
policies.
Criminal Investigation Division
The Criminal Investigation Division (CID) shall be commanded by
the Chief Investigator.
The number of shift supervisors shall be based on workload
demands . The Chief Investigator will assume responsibility for
direct employee supervision in the absence of a shift supervisor.
Section A Chapter 3
Page 11
a.
c.
CID Division Commander - Directly responsible to the
Director of Public Safety for the following tasks:
1)
Providing overall supervision for all officers and
employees under his/her command, subject to a
higher authority;
2)
Ensuring employee compliance with Bainbridge
Department of Public Safety policies, procedures
and regulations;
3)
Ensuring employee compliance with Bainbridge
Department of Public Safety personnel management
system;
4)
Evaluating the Division's productivity and employee
performance;
5)
6)
Preparing and monitoring the Division's budget;
7)
Organizing, evaluating and making case
assignments;
8)
Keeping Division personnel updated on changes in
law and operational policies;
9)
Scheduling employee training;
10)
Making recommendations to the Director of Public
Safety on the status of the equipment and
manpower assigned to the Division; and
11)
Coordinating with Patrol Division Commander for
manpower allocations for special operations.
Investigator- An investigator is expected to conduct
investigations and to make routine duty work decisions
independently, although technical and legal advice is
available from the Chief Investigator and Director of Public
Safety. The tasks assigned to investigators are as follows:
1)
Conducting investigations into criminal activity within
the jurisdiction;
Section A Chapter 3
Page 12
5.
2)
Conducting preliminary investigations, interviews,
inquiries;
3)
Locating/interviewing/interrogating victims,
suspects, and witnesses;
4)
Collecting evidence and maintaining the chain of
custody;
5)
Making arrests for violations of laws or ordinances
(either on-scene apprehension or by warrant);
6)
Maintaining records of investigations and preparing
detailed offense and case reports;
7)
Follow-up activities such as arrests, reports, and
preparation for court.
8)
Assisting prosecuting attorneys in preparing cases
for court; and
9)
Cooperating with local, state, and federal law
enforcement officials in investigating criminal
offenses.
Support Services Division
a.
The Support Services Division provides support services
for Bainbridge Department of Public Safety. The Support
Services Division shall be commanded by the Director of
Public Safety.
Functions and work units of the Support Services Division
include:
1)
Training Unit – The training unit is commanded by
the Department Training Officer and reports directly
to the Director of Public Safety.
The Department Training Officer provides training
which is consistent with law enforcement
responsibilities and requirements. In addition the
Department Training Officers performs the following:
a)
b)
Assesses training needs and identifies
training resources;
Implements and coordinates training
programs;
Section A Chapter 3
Page 13
c)
d)
e)
f)
g)
2)
Develops and tests new training formats;
Analyzes programs to determine budgetary
needs;
Schedules training and notifies staff;
Provides remedial training when applicable;
Conducts program evaluation and validation;
Records Unit – The records unit is managed by the
Chief Clerk.
a)
The chief clerk is responsible for:
-
b)
The records clerk is responsible for:
-
3)
Personnel management
Department Financial and Budgetary
records.
Master case files maintenance.
Monthly Uniform Crime Report
Statistics .
Physical security and records of all
property under custody of Bainbridge
Department of Public Safety.
Code Enforcement Unit – The code enforcement
unit is managed by the code enforcement officer.
The code enforcement officer is assigned to the City
of Bainbridge’s Community Development Division
and as such his/her activities are coordinated
through the Community Development Division
supervisor. Under this division the code
enforcement officer is responsible for coordinating
and maintaining the following:
a)
Enforcing City of Bainbridge, State, and
Federal Codes and Ordinances pertaining to:
-
Planning and Zoning ordinances
Historical Preservation ordinances
Subdivision and Land Development
regulations
Tree ordinances
Storm Water regulations
Erosion and Sedimentation
regulations
Solid waste inspections
Section A Chapter 3
Page 14
b)
4)
Illegal dumping violations
The code enforcement officer also
coordinates with the local Probation
department in the management and
supervision of community services workers
during community service projects.
Animal Control Unit - The Animal Control Unit is
managed by the Animal Control Officer. The Animal
Control Officer Responds to calls of service
concerning animals that are:
a)
b)
c)
d)
c)
d)
Nuisance;
Vicious;
Abused or Neglected;
Abandoned;
Injured
Deceased
The animal control officer coordinates with the local
Humane Society Office for the care, maintenance,
and storage of animals.
When necessary the animal control officer initiates
legal action against persons violating local, state,
and federal ordinances concerning animals.
5)
*Communications Center - All citizen calls for
assistance are received, recorded, and dispatched
through the Decatur/Grady Emergency 911 center.
This center also monitors frequencies of public
service agencies on a full-time basis. Constant
contact is maintained with the Georgia Crime
Information Center (GCIC) and the National Crime
Information Center (NCIC) via a computer terminal.
*The Decatur / Grady Emergency 911 center is
not a unit of the Bainbridge Department of Public
Safety but rather a sub-contracted service who
reports to a User Board, consisting of multiple
agencies, which include members of the
Bainbridge City Council and City Manager.
J.
Organization Chart
Section A Chapter 3
Page 15
III.
EFFECTIVE: This General Order is effective immediately
________________________
City Manager
Chris Hobby
_________________________
Larry Funderburke
Section A Chapter 3
Page 16
STANDARD OPERATING PROCEDURE
A3-1 PROMOTIONAL PRACTICES
ISSUED
07/10/07
EFFECTIVE IMMEDIATELY
INTRODUCTION
The agency has developed a promotion plan that does not discriminate on the basis of
race, color, sex, religion, national origin, age, mental or physical handicap and political
affiliation.
In general, the agency attempts to promote from within providing such promotions are
consistent with nondiscrimination laws and fair employment practices.
Existing employees desiring to apply for position vacancies that are promotional in
nature must complete an application for the position.
I.
PROMOTIONAL APPLICATION REQUIREMENTS
A.
PUBLIC SAFETY OFFICER 1
Promotion to the position of Public Safety Officer 1 requires completion of
the Georgia P.O.S.T. requirements for the Peace Officer’s Intermediate
Certification.
B.
CORPORAL
Promotion to the position of Corporal will be evaluated based on the
following criteria:
C.
1.
Job Performance Evaluations
2.
Attendance Records
3.
Time in Service
SERGEANT
Promotion to the position of Sergeant will be evaluated based on the
following criteria:
D.
1.
Minimum of three years law enforcement experience as a certified
peace officer.
2.
Successful completion of the promotion evaluation process.
CAPTAIN
Promotion to the position of Captain will be based on the following
criteria:
Section A Chapter 3
Page 17
II.
1.
Minimum of five years law enforcement experience as a certified
peace officer.
2.
Minimum three years of supervisory or management experience.
3.
Successful completion of the promotion evaluation process.
PROMOTION EVALUATION PROCESS
When an employee meets the application requirements and applies for either
the positions of Sergeant or Captain the employee will be evaluated for the
position using the Promotion Evaluation System.
The Promotion Evaluation Process is a point based promotion system in which a
promotion candidate may receive up to one hundred possible points based on
pre determined criteria. Promotions are awarded to the candidate with the
highest point total.
The criteria that is graded is as follows:
1.
2.
3.
4.
5.
Written Examination (Rank Based)
Oral Interview
Job Performance Appraisals
Attendance Record
Professional Appearance
30 points
30 points
20 points
10 points
10 points
Total
III.
100 points
OTHER PROMOTIONAL POSITIONS
All other promotable positions within the agency are filled in accordance with City
of Bainbridge Employee Personnel Policy Sections 5 and 24.
GENERAL ORDER
SUBJECT:
ISSUED:
EFFECTIVE:
10/23/2006
Immediately
CANCELS:
Training
REFERENCE:
GACP Model
DISTRIBUTION:
INDEX SECTION:
AMENDS:
All
A-4
INDEX
I.
PURPOSE
II.
III.
A.
Training Support
B.
Training Officer (Law Enforcement)
C.
Training Officer (Fire Suppression)
D.
Validation of Training
E.
Training Program Evaluation
F.
Professional Development
EFFECTIVE: THIS GENERAL ORDER IS EFFECTIVE IMMEDIATLEY
STANDARD OPERATING PROCEDURES (S.O.P)
S.O.P. A4-1 STAFF TRAINING
S.O.P. A4-2 TRAINING ATTENDANCE
S.O.P. A4-3 FIELD TRAINING OFFICER EVALUATION PROGRAM
Section A Chapter 4
Training
Page 2
I.
II.
PURPOSE
A.
Meet State and Agency training requirements and needs.
B.
Establishes and maintains access to a comprehensive training program at
the Agency level which will complement available state level training.
C.
Accomplishes efficiently and effectively Agency tasks through better
trained, more professional personnel.
D.
Provides training which is consistent with law enforcement and fire fighting
responsibilities and requirements.
E.
Provides remedial training when applicable.
A.
Training Support
Support shall be made available to implement the training program. At a
minimum this shall include:
B.
1.
Training aids and resource materials;
2.
Approved training related expenses; and
3.
Adequate manpower to allow time off for training.
Training Officer (Law Enforcement)
The training function for all law enforcement tasks of the Agency shall be
coordinated through the Department Training Officer. The Department
Training Officer shall have the responsibility and authority to carry out
approved training functions. Activities assigned to this position include:
1.
Assessing training needs and identifying training resources;
2.
Implementing/coordinating training programs;
3.
Developing and testing new training formats;
4.
Analyze programs to determine budgetary needs;
5.
Scheduling training and notifying staff;
Section A Chapter 4
Training
Page 3
C.
6.
Conducting program evaluation/validation;
7.
Maintaining training records; and
8.
Attend periodic training for training officers.
Training Officer (Fire Suppression)
The training function for all fire department tasks of the Agency shall be
coordinated through the Fire Chief. The Fire Chief shall have the
responsibility and authority to carry out approved training functions.
Activities assigned to this position include:
D.
1.
Assessing training needs and identifying training resources;
2.
Implementing/coordinating training programs;
3.
Developing and testing new training formats;
4.
Analyze programs to determine budgetary needs;
5.
Scheduling training and notifying staff;
6.
Conducting program evaluation/validation;
7.
Maintaining training records; and
8.
Attend periodic training for training officers.
Validation of Training
The validation of training programs shall be completed prior to authorizing
employee attendance. Validity is typically established by meeting the
following criteria:
1.
The training programs shall be based on job related criteria which
are established through task analysis.
2.
The content of training programs shall be clearly stated in written
lesson plan format.
3.
The student's ability to comprehend and learn shall be established
Section A Chapter 4
Training
Page 4
through testing which relies on the measurement of quantifiable
performance objectives.
E.
4.
The instructor shall be qualified in terms of detailed subject
knowledge and experience, as well as the ability to effectively
deliver information.
5.
An evaluation of the relationship of training effectiveness to job
performance shall be conducted through follow-up procedures.
Training Program Evaluation
At a minimum, evaluation of the overall Agency Training Program shall be
conducted on an annual basis. The evaluation process should afford
management an opportunity to ensure that the program meets the needs of
the Agency and provides the basis for planning future training programs.
F.
Professional Development
Professional development is encouraged at all levels of the organization.
Administrators, managers, and supervisors shall attend professional
meetings, seminars and similar work-related activities. This will enable
him/her to stay abreast of current management techniques, trends and
litigation which impacts Agency operations.
Officers are encouraged to pursue higher education courses of formal
instruction.
III.
________________________
City Manager
Chris Hobby
_________________________
Larry Funderburke
Section A Chapter 4
Training
Page 5
A4-1 STAFF TRAINING
ISSUED
10/23/06
INTRODUCTION
Training should start prior to actual job assignment and follow an employee throughout
his/her career. Training offers substantial benefits to both the Agency and the employee.
Training prepares employees to act correctly and decisively under a broad spectrum of
circumstances. Further, training increases employee efficiency and effectiveness while
promoting cooperation and unity of purpose.
STAFF TRAINING – GENERAL
Officers of the Bainbridge Department of Public Safety have the responsibility of both
Police and Firefighter skills; therefore officers must maintain training in both practices. The
Department Training Officer shall be responsible for the training of Law Enforcement
issues and the Fire Chief shall be responsible for the training of Fire Suppression issues.
In addition the Department Training Officer and Fire Chief shall be responsible for:
A.
Keeping apprised of training resources and scheduling training to meet the
requirements for all personnel as set forth by the Georgia Peace Officer Standards
& Training Council and the Georgia Firefighter Standards & Training Council as
well as all applicable laws, and agency policy;
B.
Using national, state, and local resources in developing and providing staff training;
C.
Developing and maintaining an in-service, in-house training program to address
specific needs of the Agency and to ensure those skills requiring qualification and
re-qualification are kept current;
D.
Ensuring that training records stay current, complete and accurate;
E.
Providing a general orientation to all new sworn personnel prior to duty
assignment; and
F.
Selecting appropriate personnel for Georgia Peace Officer Standard Training
Council and Georgia Firefighter Standard and Training Council instructor
certification training.
ORIENTATION TRAINING
A.
Orientation training shall provide new employees knowledge and understanding of
the following:
Section A Chapter 4
Training
Page 6
l.
His/her job descriptions;
2.
Organizational structure and the chain of command;
3.
Agency operational policies and procedures;
4.
Layout and organization of the Agency's jurisdictional area; and
5.
The Agency's legal basis and scope of authority.
B.
Prior to duty assignment, all new personnel will participate in general orientation
training to familiarize him/her with the Agency.
C.
During orientation, each employee will be issued a copy of the Agency's policy and
procedure manual and will be responsible for keeping it current and in good
condition. The manual is Agency property and must be returned upon the
employee’s voluntary separation or termination.
BASIC TRAINING
Prior to employees assuming any duties or responsibilities they must successfully
complete both the Georgia Peace Officer Standards & Training Council and Georgia
Firefighter Standards & Training Council basic training courses.
FIELD / PREPARATORY TRAINING
The training provided to newly hired, promoted or transferred employees is a continuation
of the selection process. During this time, efforts are made to identify employees
possessing the ability to perform the job assignments. As part of this training, emphasis is
placed on developing the knowledge, skills and abilities necessary to successfully conduct
specific job assignments. This training should continue until the employee has
satisfactorily demonstrated the ability to perform all routine aspects of the particular job or
assignment. Field training shall be provided to employees prior to any assignment. (SEE
S.O.P. A4-3 FIELD TRAINING OFFICER EVALUATION PROGRAM)
ON THE JOB TRAINING
It is the responsibility of all officers to share with other officers the skills and knowledge
necessary to perform their duties. Supervisory and Command officers of all ranks have
the responsibility to train subordinates to perform assigned tasks, and to familiarize them
with their job responsibilities.
ROLL-CALL TRAINING
Section A Chapter 4
Training
Page 7
The Department Training Officer shall establish and develop a roll call training program for
the Agency. The main goal of this training is to keep officers apprised of changes in the
law, policies, procedures and other Agency matters.
On a monthly basis, the Department Training Officer should prepare for dissemination a
"Roll Call Training Bulletin". The bulletin should be disseminated and read during roll call.
Roll call training shall be conducted as ordered.
Roll Call Training should be conducted by supervisory officers assigned to the shift.
Supervisors should ensure that all personnel receive training and that personnel absent
from roll call sessions receive the same instructions at a later date. Supervisory officers
should provide feedback to the Department Training Officer concerning the effectiveness
and value of the Bulletin.
IN-SERVICE TRAINING
In-service training shall provide employees with continuous and on-going instruction
designed to enhance, refresh and update job related knowledge, skills and abilities.
A minimum of 20 hours of law enforcement in-service training is required of all sworn
personnel each year. Officers who fail to meet minimum annual training requirements will
be removed from enforcement duties.
Each member of the agency will receive an annual block of training on each of the high –
risk critical tasks in law enforcement including:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
Use of Force, to include qualification/certification of any weapons or special
equipment the officer may utilize.
Pursuit
Emergency Operation of vehicles
Search and seizure/Arrest
Care, custody, restraints and transportation of prisoners
Domestic Violence
Off-duty conduct / Off-duty paid details
Harassment/Misconduct
Special Operations: Active Shooters, Hostages, Barricades Subjects,
Narcotics, High Risk Warrant Service, etc…
Elder and Vulnerable Adult Abuse / Dealing with mentally ill, emotionally
disturbed and diminished capacity persons.
A minimum of 24 hours of firefighter in-service training is required of all sworn personnel
each year. In addition to this training officers are also required to complete annually the
Core Competencies set forth by the National Fire Protection Association and the Georgia
Section A Chapter 4
Training
Page 8
Firefighter Standards and Training Council. Officers who fail to meet minimum annual
training requirements will be removed from firefighting duties.
Personnel will be compensated for participation in approved in-service training scheduled
during off-duty hours. Personnel should be tested in all areas of in-service training
received.
ADVANCED / SPECIALIZED TRAINING
All Agency employees may apply for advanced or specialized training using the Agency
Training Request Form. Requests shall be submitted through the chain of command for
approval. If a request is denied, an explanation should be provided to the requesting
officer.
Personnel completing advanced or specialized training may be reassigned to meet
Agency needs as specified by the Director of Public Safety. Application of, and
participation in, advanced or specialized training is voluntary; however, certain specialized
assignments may require specialized training prior to assignment, transfers or promotions.
Personnel unwilling to attend, or who fail to successfully complete, advanced or
specialized training shall be denied reassignment opportunities.
Section A Chapter 4
Training
Page 9
A4-2 TRAINING ATTENDANCE
ISSUED 10/23/06
INTRODUCTION
Frequently changing laws, procedures, and community profiles create a need for constant
updating of training content. Recent court action has served to emphasize this and
reinforce the need for training of law enforcement personnel. When the failure to train
reflects a "deliberate" or "conscious" choice by the Law Enforcement Agency or the local
government, the basic requirement for liability under Title 42 Section 1983 has been
established.
NOTE: For reference see City of Canton, Ohio v. Harris 57 U.S.L.W. 4270. (February
28, 1989).
Mere access to training alone is insufficient; training must be utilized. No training program
can be successful without the support of the Agency and the participation of its
employees. In order to ensure the participation of Agency employees, the following
procedures should be followed.
SCHEDULING OF TRAINING
Scheduling and notification of training shall be handled on a regular and predictable basis.
This allows instructors and students to plan and prepare properly.
NOTIFICATION PROCEDURE
A.
B.
Notification of classes shall be in writing and should be forwarded in the following
manner:
1.
All notifications should originate with the Training Officer.
2.
The original of each notification is to be forwarded to the Director of Public
Safety, Division Commander, and a copy to each Shift Supervisor.
In the event an employee cannot attend a mandatory course, the following
procedure shall be followed:
1.
The employee shall submit a memorandum through the chain of command
to the Training Officer stating the reasons for his/her absence.
2.
Trainees' requests for excused absences from scheduled mandatory
training shall be approved or denied by the Division Commander.
Section A Chapter 4
Training
Page 10
3.
The Training Officer shall compile a list of those officers who fail to attend
scheduled mandatory training and shall forward this list to the Division
Commander.
4.
The Training Officer shall contact both the officer and his/her supervisor to arrange
make-up classes.
5.
In the event an officer fails to attend training and alternative arrangements are not
made, a memo indicating the officer's failure to attend required training shall be
forwarded to:
-
Director of Public Safety;
Division Commander;
Employee’s immediate supervisor;
Employee;
Training files; and
Personnel files.
STUDENT REIMBURSEMENT
Students will be reimbursed for approved out-of-pocket expenses, including travel
expenses, associated with training in accordance with the Department's policy.
DOCUMENTATION OF PARTICIPATION
Upon completion of a class outside the Agency, the trainee shall provide the Training
Officer with a copy of any certificate received. The Training Officer shall be responsible
for:
A.
Placing documentation of training successfully completed in each employee's file;
B.
Notifying the employee's Division Commander, in writing, if the employee did not
successfully complete the training;
C.
Placing a letter in the employee's file in the event an employee fails to successfully
complete a training course. This letter shall remain in file until the course is
successfully completed;
D.
The Division Commander and the Training Officer shall jointly design a remedial
training program to assist the employee in gaining the necessary information;
E.
For personnel having difficulty with any program of instruction at any level of
training and for personnel who show a lack of understanding in the application of
Section A Chapter 4
Training
Page 11
Agency policy and procedures, the Agency will provide or obtain remedial training;
and
F.
Each officer is responsible for meeting the minimum training requirements for
retraining or recertification by attending the necessary training classes in the
following areas: firearms, including secondary or back-up weapons; use of force;
CPR; first aid; criminal law; criminal procedures; and emergency and defensive
driving. However, the training officer will provide assistance to officers in
scheduling and arranging classes.
TRAINING RECORDS
A.
Comprehensive training records shall be maintained which document:
-
Scheduling and notification;
Attendance;
Job relatedness;
Course content and performance objectives;
Test scores (including copy of test instrument);
Instructor roster/qualifications;
The Training Officer shall maintain these records for all agency initiated
classes. The Training Officer shall also verify, that the same information is
maintained by all training institutions where employees attend. In the event
this information is not maintained, the Training Officer shall initiate
necessary steps to obtain it.
B.
Training records shall be released to agency personnel with a legitimate
need to know, the Georgia Peace Officer Standards and Training Council,
the Georgia Firefighter Standards and Training Council, the employee, and
law enforcement agencies conducting pre-employment investigations. Any
other release shall be in response to a signed release form. Upon release
to anyone outside the agency, a memo shall be sent the employee
notifying him/her of this action.
Section A Chapter 4
Training
Page 12
A4-3 FIELD TRAINING OFFICER EVALUATION PROGRAM
ISSUED 03/27/2007 EFFECTIVE IMMEDIATELY
I.
PURPOSE
The purpose of this program is to provide newly hired Public Safety personnel
with necessary orientation and post academy training. The policy of this
program is to assure that newly hired Public Safety personnel who are retained
by this Agency meet acceptable performance standards in conformity with the
job analysis of a Public Safety officer of the City of Bainbridge. This program is
designed to clearly document all training and to accurately and fairly evaluate the
performance of all personnel involved.
II.
INTRODUCTION
The Field Training and Evaluation Program are designed to guide the Field
Training Officer (FTO) to provide certain critical information while executing his
duties and responsibilities relating to the new police employee. This program
provides the tools to enable the FTO to provide specific documentation and
accurate evaluations of the new employee's performance.
III.
PROGRAM DESCRIPTION
The Bainbridge Public Safety Field Training and Evaluation Program is a 4
phase / 30 training day training and evaluation program for newly hired Public
Safety employees. Officers with previous experience may qualify for an
abbreviated 4 week/12 day program. The program also contains an initial
orientation period during the first day of the new employee's assignment. The
program is broken down into one day orientation section and 4 training and
evaluation phases. The program also provides a maximum of 80 hours (if
needed) for remedial training.
The one day orientation section is designed to provide the new employee with an
overall view of the Agency and introduction to the following listed particulars:
1.
Departmental policies, procedures, and general orders
Section A Chapter 4
Training
Page 13
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Care of Departmental property
Importance of developing good public relations
Fingerprinting
Securing evidence/property
Orientation to Agency weapons and equipment
Orientation to fire operations
Orientation to fire fighter responsibility
Orientation to parking enforcement/downtown Bainbridge
Orientation to important locations
Orientation to FTO/Evaluation Program
Vehicle operations
During the Orientation section, the new employee will be given an opportunity to
get acquainted with and receive orientation from the following listed persons and
divisions of the Agency.
1.
2.
3.
4.
5.
6.
Director
Fire Chief
Patrol Division Commander
Departmental Training Officer
Investigations
Administrative
All orientation is carefully documented and reports are included in the new
employee's training/evaluation manual.
A.
EVALUATION PROCESS
The four Training and Evaluation phases of the program are organized
as follows:
1.
2.
3.
4.
The new employee (trainee) is assigned to a patrol division shift
and may be assigned to either day shift or night shift.
The trainee is assigned to work with one or more Field Training
Officers. *NOTE: It is recommended that the trainee is
rotated to a different FTO during each phase of the
Evaluation Program.
The trainee is under the direct supervision of the Shift
Commander and will adhere to the chain of command.
The Field Training Officer serves as the trainee's supervisor in
regard to training and the trainee is obedient to all lawful orders
given by the Field Training Officer in compliance with
Departmental policy.
Section A Chapter 4
Training
Page 14
5.
6.
7.
8.
9.
10.
During this period, the FTO uses the Field Training and
Evaluation plan to provide the trainee with specific programmed
instructions in various subject areas by following a Skills Mastery
checklist.
All training is carefully documented by using several checklists,
logs, and sign-off sheets.
The trainee's performance is observed and documented on a
daily basis by using the Daily Observation Report and a
standardized evaluation guide.
The trainee's shift supervisor reviews and evaluates the new
employee's progress by using the Daily Observation Reports and
personal observations.
The trainee and FTO attend scheduled bi-weekly meetings with
the Department Training Officer.
The Field Training Officer will evaluate the trainee at the end of
each phase, administer the end of phase test, and make
determination if trainee advances to next phase.
Upon the completion of the 4 phase program, the trainee may be allowed
to begin working alone if it is determined that the trainee has successfully
completed the program.
B.
Abbreviated 4 week/12 day program
One year veteran officers who have held a position in front line law
enforcement, may, with the recommendation of an FTO evaluator, qualify
for an abbreviated 4 week/12 day training program.
C.
Two-week Remedial Training Allowance
The trainee is required to take a formal written test at the end of each
phase. The trainee must pass each phase test before being allowed to
advance to the next phase of the program. In the event that the trainee
fails a phase test, he/she may utilize remedial training time to make
further preparations to take the test again. Remedial training is also
provided for any performance by the trainee who does not meet
acceptable standards. The FTO documents specific details of remedial
training and the amount of remedial training time on the Daily
Observation Report. In the event that the trainee uses the entire eighty
hours and has not responded to training, no further remedial training is
allowed and further retention will be at the discretion of the Director of
Public Safety.
IV.
FTO INSTRUCTIONS
Section A Chapter 4
Training
Page 15
Each Field Training Officer must be thoroughly familiar with all aspects of the 4
phase FTO/Evaluation Program. Prior to beginning a training cycle with a new
employee, the FTO should review the program with the trainee and answer any
questions. The FTO will conduct training by following the Field Training plan and
completing each section in sequential order. With exception of the first day of
phase One, the FTO will evaluate the trainee's performance on a daily basis by
completing the Daily Observation Report. The Department Training Officer will
evaluate the trainee's performance at the end of each phase and administer the
phase test. During the first day of Section One, the recruit will receive only verbal
evaluations and suggestions from the FTO. This "limbo" period is designed to
allow the recruit to become familiar with his new surroundings without the stress
of daily written critiques. If the trainee fails a section test, he will be allowed to
use remedial training time to make further preparations, up to the 80 hour
maximum allowance. The FTO will document the amount of remedial training
afforded the trainee on the Daily Observation Report and will document specific
details of remedial training provided. The FTO will document specific details of
remedial training provided. The FTO will also develop remedial training plans
and corrective action plans and provide remedial training to any trainee whose
performance standards fall below an acceptable level in any performance
category. The amount of remedial training time and specific details of this
training will also be documented on the Daily Observation Report. The FTO and
trainee should initial and date all check-off sheets in detail as each item on them
is covered during the course of the program. The FTO should ensure that all of
the recruit's written reports are recorded on all pertinent paperwork to the Shift
Supervisor for his review and evaluation and assure that the Field Training
manual is up- to-date.
V.
DIRECTIVE TO THE SHIFT SUPERVISOR
When a recruit is assigned to receive Field Training on a particular shift, the
recruit is under the supervision of that Shift Supervisor. A primary duty of the
Shift Supervisor is to see that all employees under his supervision are
performing at acceptable levels in accordance with departmental policies, the
Shift Supervisor's concern for the quality of training that a recruit officer receives
should be of significant importance. The Shift Supervisor should take a special
interest in the trainee's progress. He should encourage the trainee to succeed,
make recommendations to the trainee when appropriate, and make him self
available to the trainee for counseling, if the need should arise. The trainee's
relationship to his FTO as a supervisor is in regard to training only. The Field
Training Officer's responsibility is to produce a fully trained police officer in a
reasonably short period of time. His ability to accomplish this task is greatly
dependent on the support of his Shift Supervisor. The FTO's task to produce a
fully trained police officer varies in complexity depending on the trainee's
Section A Chapter 4
Training
Page 16
knowledge, ability to learn, and ability to perform. Another part of the FTO's
success is also dependent on the trainee's attitude. When the FTO can rely on
the support of his supervisor, an atmosphere of solidarity is present which can
greatly increase his ability to deal with any problems which might arise. In
consideration of the complexities of the teaching/learning process, it is
recommended that the Shift Supervisor exercise a reasonable degree of
patience toward his FTO/Trainee Unit and make allowances for more time than
would usually be spent under normal circumstances. The Shift Supervisor
should also make recommendations to his FTO, realizing that his years of
experience and wisdom can provide special assistance to the FTO in dealing
with particular problems that will arise.
VI.
FIELD TRAINING OFFICER SELECTION PROCESS
To ensure that all basic recruits are capable of performing the various skills
acquired during Academy training under actual working conditions, Field
Training Officers will be developed to supervise all probationary police officers
who have recently graduated from the Basic Mandate Police Academy in order
to put to practical use the various skills acquired during formalized training.
Field Training Officers will be required to have the following minimum
qualifications to be considered:
1.
At least two (2) years of police experience with
Safety Department.
the Bainbridge Public
2.
A letter of recommendation from his/her Shift
Commander must be
presented to the Departmental Training Officer and the Director of Public
Safety.
4.
Applicant must have a minimum overall “satisfactory” score on their
Annual Evaluation Report.
5.
Applicant must hold the rank of Senior PSO or higher.
All Field Training Officers will be required to complete the Georgia P.O.S.T 40
hour Field Training Officer Course. All Field Training Officers will be under
constant supervision from their immediate supervisors and required to also
answer to the Department Training Officer and Director of Public Safety. It is
recommended that each shift staff at least 2 FTO’s.
GENERAL ORDER
SUBJECT:
Conduct
REFERENCE:
GACP Sample Policy
City of Bainbridge Employee Personnel Policy
Manual
OCGA 45-3-1 through 45-3-10.1
DISTRIBUTION:
ISSUED:
EFFECTIVE:
10/24/2006
CANCELS:
Immediately
All previous general orders and polices
AMENDS:
INDEX SECTION:
All
A-5
INDEX
I.
PURPOSE
II.
DEFINITION
III.
A.
B.
General
1.
Oath of Office
2.
Code of Ethics
3.
Commendations
Standards of Conduct
1.
Violation of Law
2.
Insubordination
3.
Possession or Use of Alcohol
4.
Possession or Use of Controlled Substances
5.
Payment of Debts
6.
Prohibited Association, Frequenting
7.
Public Criticism
8.
Confidential Information
9.
Political Use of Official Position
10.
Political Involvement
11.
Professional Image
Section A Chapter 5
Conduct
Page 2
IV.
12.
Unauthorized Persons in Vehicles
13.
Altering Records
14.
Reporting Sick Leave
15.
Absence from Work
16.
Residence Telephone and Address
17.
Gifts and Gratuities
18.
On and Off-Duty Conduct
19.
Job-Related Gains
20.
Solicitation of Assistance
21.
Abandonment of Duty Assignment
22.
Internal Investigations
23.
Participation in Civil Matters
24.
Leaving Jurisdictional Limits
25.
Use of Private Vehicles
EFFECTIVE:
OATH OF OFFICE FORM
STANDARD OPERATING PROCEDURES (S.O.P.)
S.O.P. A5-1 OUTSIDE EMPLOYMENT
S.O.P. A5-2 HARASSMENT
S.O.P. A5-3 ALLEGATION / INQUIRY / COMMENDATION REPORT (AIC)
S.O.P. A5-4 RECEIVING CIVIL PROCESS SERVED ON THE AGENCY / EMPLOYEES
Section A Chapter 5
Conduct
Page 3
I.
II.
PURPOSE
A.
Establishes standards of conduct for employees of the Bainbridge Department of
Public Safety.
B.
Establishes a standard operating procedure governing outside employment.
C.
Establishes a standard operating procedure governing harassment.
D.
Establishes a standard operating procedure governing the receipt of civil process
served on either the Bainbridge Department of Public Safety or its employees.
DEFINITION
LAWFUL ORDER - Any order of a superior officer requiring the performance of a certain
duty by an officer, provided it is not proscribed by law or Agency rules and regulations.
III.
A.
General
1.
Oath of Office - Prior to assuming sworn status, all peace officers shall take
the Bainbridge Department of Public Safety Oath of Office as per Official
Code of Georgia 45-3-1, which includes provisions to enforce the law and
uphold the Constitutions of the United States and the Constitution of the
State of Georgia.
(See Attached Oath of Office Form)
2.
Code of Ethics - The Law Enforcement Code of Ethics is adopted as a
general standard of conduct for officers of the Bainbridge Department of
Public Safety. It states:
"As a law enforcement officer, my fundamental duty is to serve mankind; to
safeguard lives and property; to protect the innocent against deception, the
weak against oppression or intimidation, and the peaceful against violence
or disorder; and to respect the constitutional rights of all men to liberty,
equality and justice.
I will keep my private life unsullied as an example to all; maintain
courageous calm in the face of danger, scorn, or ridicule; develop self
restraint; and be constantly mindful of the welfare of others. Honest in
thought and deed in both my personal and official life, I will be exemplary in
obeying the laws of the land and the regulations of my Department.
Whatever I see or hear of a confidential nature or that is confided to me in
my official capacity will be kept ever secret unless revelation is necessary
in the performance of my duty.
I will never act officiously or permit personal feelings, prejudices,
animosities or friendships to influence my decisions. With no compromise
for crime and with relentless prosecution of criminals, I will enforce the law
courteously and appropriately without fear or favor, malice or ill will,
Section A Chapter 5
Conduct
Page 4
never employing unnecessary force or violence and never accepting
gratuities.
I recognize the badge of my office as a symbol of public faith and I accept it
as a public trust to be held so long as I am true to the ethics of the police
service. I will constantly strive to achieve these objectives and ideals,
dedicating myself before God to my chosen profession...law enforcement."
3.
B.
Commendations - The Bainbridge Department of Public Safety expects a
very high level of professional conduct from all employees. Agency
employees frequently perform their duties in a manner exceeding the
highest professional standards. The official commendation of such
performance and the arrangement of appropriate publicity is to be provided
by the Bainbridge Department of Public Safety. This gives full public
recognition to those employees who have brought honor to him/her self
and to the Agency.
Standards of Conduct
1.
Violation of Law - The violation or attempted violation by an employee of
any Federal, State, County, or Municipal Law is prohibited.
2.
Insubordination - An officer's failure or refusal to obey a lawful order issued
by a superior officer is prohibited.
In those instances when an officer receives a conflicting order from a
superior, it is the responsibility of the officer to inform the superior officer of
the conflict. It is then the duty of the superior officer to clarify the order for
the officer.
Officers shall not obey any order which they know or should know would
require them to commit any illegal act. If in doubt as to the legality of an
order, officers shall request the issuing officer to clarify the order or to
confer with a higher authority.
3.
Possession or Use of Alcohol - Employees shall not possess or use
alcoholic beverages while on-duty other than in an authorized capacity.
Reporting to work or working while intoxicated or otherwise impaired by
alcohol use shall be prohibited. For purpose of this policy a 0.02 BAC shall
be considered as impaired.
No off-duty officer shall be called to duty if he/she has consumed alcoholic
beverages during that day. (See also City of Bainbridge Employee
Polices Manual Section 31)
4.
Possession or Use of Controlled Substances - The possession or use of
controlled substances by an employee while on or off duty is prohibited.
This policy shall not apply to officers who may possess controlled
substances in an authorized capacity.
Section A Chapter 5
Conduct
Page 5
Other than in the performance of their duties, officers may possess and
ingest prescribed controlled medications under the guidance of a licensed
physician or dentist and with the knowledge of their immediate supervisor.
While on-duty, an employee is not to use or be under the influence of any
medication that impairs or compromises his/her ability. If an officer is using
a medication that impairs or compromises his/her ability to perform his/her
regularly assigned duties and responsibilities, the officer may be assigned,
at the supervisor's discretion, to a "light duty" assignment.
If reasonable suspicion exists for believing an employee is in violation of
this rule, he/she will be ordered to submit to blood and/or urine testing.
Failure of an employee to submit to a blood and/or urine testing will result in
an adverse action being taken for insubordination. (See also City of
Bainbridge Employee Polices Manual Section 31)
5.
Payment of Debts - Employment indebtedness is a personal concern of
the employee but multiple garnishments of the employee’s salary create
administrative difficulties that may lead to disciplinary action.
In addition, employees are not to establish any financial relationships that
present a conflict of interest or compromise the image of the Bainbridge
Department of Public Safety. (See also City of Bainbridge Employee
Polices Manual Section 29)
6.
7.
Prohibited Association, Frequenting - Except as required in the
performance of their duties, employees of the Bainbridge Department of
Public Safety are prohibited from frequenting places that may compromise
the Agency's image. In addition, officers shall not associate with persons
or organizations which would be detrimental to the image of the Agency.
This includes persons who are under criminal investigation or indictment, or
who have an open and notorious reputation in the community for felonious
activity.
a.
Subversive Organizations - No officer or employee shall knowingly
become a member of, or be connected to, any subversive
organization, as defined by the U.S. Department of Justice, except
when necessary in the performance of duty and then only under the
direction of the Director of Public Safety.
b.
Allegiance to Organizations - Members of the Agency shall refrain
from joining or affiliating with any organization, association, or
group, whose constitution or bylaws in any matter exacts allegiance
which would prevent a full performance of their law enforcement
duty.
Public Criticism - Complaints regarding Bainbridge Department of Public
Safety operations should be resolved through internal grievance
procedures. Under no circumstances shall an employee of the Agency
publicly criticize the Bainbridge Public Safety policies, operations, or staff in
a defamatory, obscene, unlawful, or untruthful manner. Criticism that tends
Section A Chapter 5
Conduct
Page 6
to impair the operation of the Agency by reducing organizational efficiency
and discipline is also prohibited. Violation of this policy shall lead to
punishment in accordance with City of Bainbridge Employee Personnel
Policy Section 7.
8.
Confidential Information - Employees are not to discuss confidential
operations of the Agency with persons outside the organization without the
permission of their superior. For purposes of this Section, all Agency
documents and orders are to be considered confidential unless otherwise
directed by a superior. This Section does not apply to orders that must by
law, rule or regulation be communicated to others.
9.
Political Activities – No employee subject to the appointment by the City
Manager shall be involved in any way in the election of the Mayor or any
member of the City Council. The Agency expects the employees to avoid
public political activities. Neither their position nor city time shall be used
for political purposes. The employee may express his/her political opinions
privately and the Agency encourages employees to vote for candidates of
their choice. Agency employees must resign if running for a political office.
(See also City of Bainbridge Employee Polices Manual Section 33)
10.
Professional Image - Employees of the Bainbridge Department of Public
Safety are to work diligently to maintain a professional image. Any
behavior that would reflect negatively on the Agency or would violate the
public trust is prohibited.
11.
Unauthorized Persons in Vehicles - Persons who are not government
personnel, prisoners, or on official (authorized) business are not permitted
to ride in Agency vehicles.
12.
Altering Records - Stealing, altering, forging or tampering with any police
record, report or citation is prohibited. The removal of any record, card,
report, letter, document, or other official file from the Bainbridge
Department of Public Safety, except by process of law or as directed by the
Director of Public Safety or a superior, is prohibited. Unless properly
authorized, the obtaining or duplicating or attempting to obtain or duplicate
information from Agency files, sources or reports is prohibited.
13.
Sick leave – Sick leave is available for the officer’s personal healthcare as
well as for the care of members of the immediate family. (See also City of
Bainbridge Employee Polices Manual Section 11.03)
Whenever an officer becomes ill and cannot report for work he/she is to
notify his/her superior officer. The officer should report any sick leave
absence prior to his/her scheduled work time, if possible, and if not, the
officer should see that his/her absence is reported within one (1) hour after
the scheduled time for the employee to begin work.
A medical statement signed by a licensed physician may be required to
substantiate sick leave for:
Section A Chapter 5
Conduct
Page 7
a.
Absences of three (3) or more consecutive work days;
b.
To support a request for sick leave during annual leave;
c.
At any time when absence recurs frequently or habitually,
provided the employee is forewarned.
The use of sick leave without just cause, or the furnishing of any false
information regarding an officer's physical condition, may result in
disciplinary action.
14.
Absence from Work - Absence from work without permission is prohibited.
Employees claiming physical or mental incapacity relating to their
employment may be requested to submit to an examination by a physician.
Failure to honor such a request may result in disciplinary action.
Employees are not to leave their duty assignment unless properly relieved
or dismissed by a superior officer. Employees who are absent from work
for three (3) or more consecutive days without having received leave
approval or without having called in to report the absence will be
considered as having voluntarily abandoned their job. The separation will
not be in good standing and may affect the opportunities for reemployment.
(See also City of Bainbridge Employee Polices Manual Section 7 & 22)
15.
Residence Telephone and Address - The Agency shall maintain a listing of
each employee's address and telephone number. It is the responsibility of
each officer to maintain a phone at his/her residence and to notify the
Agency of any changes in address or phone number.
16.
Conflict of Interests – No employee should accept gifts or gratuities from
anyone who might expect to receive return favors from the Agency.
Neither shall any employee have any financial interests in the profits of any
contract service or other work performed by the City of Bainbridge, nor
shall he/she personally profit directly or indirectly from any contract,
purchase, sale of service between the Agency, any person or company,
nor shall he/she personally, or as an agent, provide any surety, bail or bond
required by law or by the appointing authority. (See also City of
Bainbridge Employee Polices Manual Section 32)
17.
On and Off Duty Conduct - Engaging in conduct, on or off-duty, that brings
the Agency into disrepute or impairs the operation or efficiency of the
Agency is prohibited.
18.
Solicitation of Favorable Acts - Employees shall not solicit anyone to
intercede with City or Agency officials regarding Agency promotions,
assignments or disciplinary proceedings.
19.
Internal Investigations - Employees are to cooperate with all internal
investigations by answering questions, responding to lawful orders,
presenting materials and making statements.
Section A Chapter 5
Conduct
Page 8
IV.
20.
Participation in Civil Matters - Employees are not to give any deposition,
affidavit or appear as a witness in a civil matter stemming from their official
duties without a proper judicial summons and the knowledge of the Director
of Public Safety.
21.
Leaving Jurisdictional Limits - Officers are not to go beyond the
jurisdiction's limits while on duty, unless in the performance of their duties
or upon the direct order or permission of a superior.
22.
Use of Private Vehicles - Employees shall not use private vehicles or
equipment for official purposes unless directed and authorized to do so by
a superior officer.
________________________
City Manager
Chris Hobby
_________________________
Larry Funderburke
Section A Chapter 5
Conduct
Page 9
City of Bainbridge
Department of Public Safety
Oath of Office
I, _____________________________________, do solemnly swear/affirm that I will well and truly
serve the City of Bainbridge, the State of Georgia and the United States of America as a Public
Safety Officer without favor or affection or malice or ill; and
I am qualified under the laws of the City of Bainbridge, the State of Georgia and the United States
of America to hold the position of City of Bainbridge Public Safety Officer; and
I am not the holder of any unaccounted for public money due this State or any political subdivision
or authority thereof; and
I will see and cause the peace to be kept and preserved; and
I will prevent to the best of my power all offenses against that peace; and
I will never permit personal feelings, prejudices or friendships to influence my official decisions;
and
I will maintain the public trust; and
While I continue as a Public Safety Officer I will to the best of my skill and knowledge discharge all
the duties thereof faithfully and according to the laws of the City of Bainbridge, the State of
Georgia and the United States of America
So help me God.
________________________________
_________________________________
Name (Please Print)
Sworn to and subscribed before me this ____
this____
day of __________________, 20____.
20____.
Signature
Sworn to and subscribed before me
day of __________________,
______________________________________
______________________________________
Mark Harrell, Mayor
Notary Public
My Commission Expires:
__________________
Section A Chapter 5
Conduct
Page 10
AFFIX CITY
NOTARIAL
SEAL
AFFIX
SEAL
City of Bainbridge
P.O. Box 158 – Bainbridge, Georgia 39818
A5-1 OFF-DUTY EMPLOYMENT
ISSUED 10/30/2006 EFFECTIVE Immediately
I.
INTRODUCTION
The nature of law enforcement requires Bainbridge Department of Public Safety
employees to have the ability to work irregular duty schedules which are subject to
change in meeting manpower needs. Additionally, it is necessary that an employee have
adequate rest to be alert during his tour of duty. For these reasons, and because certain
occupations inherently conflict with an employee's primary responsibility to the
Department, the Department may impose conditions on outside employment or may
prohibit it altogether. Determination of the degree of limitation will be based upon the
interest of the Department in furthering professionalism, protecting the reputation of the
employee and the Department, and ensuring that the Department receives full and
faithful service in return for employment.
II.
PURPOSE
The Department allows officers and other employees to engage in outside employment
so long as such outside employment does not interfere in any way with the performance
of their duties and responsibilities as public safety officers. In addition, the outside
employment shall not involve the officers in any conflict of interest between employment
as public safety officers and the outside employment. It is the purpose of this procedure
to set forth guidelines, conditions, and restrictions relating to outside employment.
III.
A.
An off-duty Employment Approval form will be submitted for off-duty
employment. Three copies will be submitted and approved by the officer’s
supervisor and Division Commander. The Director of Public Safety retains the
authority to approve or disapprove all requests for off-duty employment and no
employment shall commence until such approval is granted.
B.
An employee engaged in off-duty employment shall conduct himself in an
appropriate manner. Any conduct during off-duty employment which, if it
occurred during on-duty work hours would result in disciplinary action, could
result in termination of the off-duty employment. No employee shall engage in
any type of outside employment which could result in questions of honesty,
respect, dignity, integrity or loyalty to the department, the City of Bainbridge or to
the laws which they have been sworn to uphold.
C.
Prior to commencing outside employment a form from the outside employer
acknowledging that the employee is covered under that employers workers
compensation and liability insurance coverage must be submitted to the Director.
D.
No off duty employment shall be allowed at a business primarily engaged in the
sale of alcohol.
Section A Chapter 5
Conduct
Page 12
E.
Employees will not allow outside employment to interfere in any way with their
scheduled duties. The needs of the Public Safety Department will always take
precedent to outside employment.
F.
The supervisor, Division Commander or Director may require any employee to
discontinue outside employment.
G.
If outside employment involves the wearing of the department uniform, the entire
uniform must be worn in compliance with departmental standards.
H.
No employee shall be employed in a law enforcement capacity outside the
political boundaries of the City of Bainbridge without the express permission of
the Director.
I.
At no time will the uniform of the City of Bainbridge Public Safety Department be
worn while working an off-duty job outside of the political boundaries of the City
of Bainbridge.
J.
Members shall be available for call to duty in any emergency at any time of day
or night.
K.
Applications for off-duty employment that are denied or revoked may be
appealed to the City Manager.
L.
Any neglect of duty will result in immediate termination of off-duty employment
approval.
M.
No employee shall engage in any outside employment activity while on duty or
scheduled for duty by the Public Safety Department.
N.
No employee on sick, administrative or workers compensation leave shall be
eligible for outside employment.
O.
The number of hours officers may work an off-duty job shall be determined by
the Director.
P.
A minimum of 8 hours free from off-duty employment is required prior to the
beginning of the normal tour of duty.
IV.
PROHIBITIONS
At no time shall any outside employment involving any of the following be allowed:
1.
The use of departmental records;
2.
The use of any City of Bainbridge vehicle;
3.
The collection of debts or the repossession of property;
4.
Conflicts with the Georgia Private Detectives and Securities Act (Title 43,
Chapter 38 O.C.G.A);
5.
Bail bonding agencies;
Section A Chapter 5
Conduct
Page 13
6.
7.
V.
Wrecker services and/or
Any activit y which in the opinion of the Direct or of Public Saf ety
would reflect unfavorably upon the department.
WORKERS COMPENSATION COVERAGE
The City of Bainbridge is not responsible for providing Workers Compensation
Coverage for injuries occurring during the course of outside employment. It is the
responsibility of the employee to insure that the secondary employer provides adequate
indemnification in case of serious injury.
Section A Chapter 5
Conduct
Page 14
OFF-DUTY EMPLOYMENT APPROVAL FORM
DATE:
EMPLOYEE'S NAME:
SUPERVISOR:
NAME OF OFF-DUTY EMPLOYER:
ADDRESS OF OFF-DUTY EMPLOYER:
SUPERVISOR:
BUSINESS PHONE:
NEW REQUEST
IF NEW, STARTING DATE:
ANNUAL REQUEST
HOURS PER WEEK:
DESCRIBE THE NATURE OF THE WORK TO BE PERFORMED:
IS THE PURPOSE OF YOUR PROSPECTIVE OFF-DUTY EMPLOYMENT TO UTILIZE YOUR
POLICE SKILLS AND EXPERTISE?
YES
NO
IF SO, I FULLY UNDERSTAND THAT PURSUANT TO THE GENERAL ORDER MANUAL, I
MUST ADVISE MY PROSPECTIVE EMPLOYER I WILL NOT BE GRANTED INJURY LEAVE
WITH PAY IF I BECOME INJURED WHILE ON THIS OFF-DUTY EMPLOYMENT. I MUST
ADVISE MY PROSPECTIVE EMPLOYER OF THIS POLICY AND HIS/HER POTENTIAL
RESPONSIBILITY IF I RECEIVE AN INCAPACITATING INJURY. HOWEVER, I DO
UNDERSTAND THAT I MAY USE ANY SICK LEAVE I HAVE ACCRUED IF I BECOME
PHYSICALLY INCAPABLE OF REPORTING FOR DUTY DUE TO AN OFF-DUTY INJURY.
IF NOT, AND IN MY PROSPECTIVE OFF-DUTY EMPLOYMENT, I FIND IT NECESSARY TO
EXERCISE POLICE ACTION WHICH RESULT IN AN INJURY, I FULLY UNDERSTAND THAT I
WOULD THEN BE ELIGIBLE FOR INJURY LEAVE. I REALIZE THIS ONLY APPLIES AS LONG
AS THE POLICE ACTION I EXERCISE OCCURS WITHIN THE CITY LIMITS OF BAINBRIDGE,
GEORGIA.
O
V
E
R
PAGE 1 OF 2
Section A Chapter 5
Conduct
Page 15
I AM ALSO AWARE THAT IF MY OFF-DUTY EMPLOYMENT IS SITUATED OUTSIDE THE
CITY LIMITS OF BAINBRIDGE, GEORGIA, I WILL NOT REPRESENT MYSELF AS A POLICE
OFFICER DURING THE PERFORMANCE OF MY DUTIES AND I WILL NOT USE ANY CITY
EQUIPMENT IN THE PERFORMANCE OF MY OFF-DUTY EMPLOYMENT.
EMPLOYEE SIGNATURE
DATE
SUPERVISOR SIGNATURE
DATE
PUBLIC SAFETY DIRECTOR
DATE
APPROVED
DISAPPROVED
ADDITIONAL COMMENTS:
PAGE 2 of 2
Section A Chapter 5
Conduct
Page 16
A5-2 HARASSMENT
INTRODUCTION
The purpose of this directive is to establish Agency policy concerning allegations of
harassment; to prohibit harassment; to establish proper reporting procedures for reporting
instances of harassment; and to define instances, happenings and occurrences of
harassment.
I.
POLICY
The Bainbridge Department of Public Safety will not tolerate harassment of our
employees. The term “harassment” includes, but is not limited to slurs, jokes, and other
verbal, graphic, or physical conduct relating to an individual’s sex, race, religion, national
origin, color, age, disability, citizenship or veteran status. Harassment also includes
sexual advances, requests for sexual favors, offensive touching, and other verbal,
graphic or physical conduct of sexual nature
II.
DEFINITIONS
A.
EMPLOYEE - All Agency personnel, both sworn and non-sworn.
B.
HARASSMENT - The term “harassment” includes, but is not limited to slurs,
jokes, and other verbal, graphic, or physical conduct relating to an individual’s
sex, race, religion, national origin, color, age, disability, citizenship or veteran
status.
C.
SEXUAL HARASSMENT - Unwelcome sexual advances, requests for sexual
favors and other verbal or physical conduct of a sexual nature constitute sexual
harassment when:
1.
Submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment;
2.
Submission to or rejection of such conduct by an individual is used as the
basis for employment decisions affecting such individual; or
3.
Such conduct has the purpose or effect of unreasonably interfering with an
individual's work performance, or creating an intimidating, hostile, or
offensive working environment.
Examples of sexual harassment include, but are not limited to, the following:
l.
Sexual comments of a provocative or suggestive nature;
2.
Sexual jokes or innuendos intended for and directed to another employee;
Section A Chapter 5
Conduct
Page 17
3.
Suggestive or demeaning looks or leering;
4.
Creating and intimidating, hostile or offensive working environment;
Section A Chapter 5
Conduct
Page 18
5.
Making acceptance of unwelcome sexual conduct or advances or requests
for sexual favors of any nature a condition of employment, employment
decisions or continued employment; and
6.
Conduct of a sexual nature that has the purpose or effect of unreasonably
interfering with an individual's work performance.
III.
REPORTING PROCEDURE
A.
An employee who believes he or she has been harassed shall contact either the
immediate supervisor, Division Commander, or other person designated to handle
employee complaints. A report will be prepared and forwarded to the Director of
Public Safety.
B.
Allegations of unwelcome harassment shall be reported immediately by the
offended employee.
C.
Until the complaint is validated, the identities of the involved personnel shall be
kept confidential.
IV.
COMMAND AND SUPERVISORY PERSONNEL
A.
Command and supervisory personnel shall:
V.
1.
Be responsible for reporting instances of sexual harassment on appropriate
Agency forms;
2.
Be responsible for initiating immediate disciplinary action if the situation
warrants; and
3.
Take immediate action to limit the affected employees from any further
work contact.
Violation
VIOALATION OF THIS POLICY WILL SUBJECT AN EMPLOYEE TO
DISCIPLINARY ACTION, UP TO AND INCLUDING IMMEDIATE DISCHARGE.
Section A Chapter 5
Conduct
Page 19
A5-3 ALLEGATION / INQUIRY / COMMENDATION REPORT FORM (AIC)
INTRODUCTION
The Allegation / Inquiry / Commendation Report form (AIC) shall be used to record
allegations of employee misconduct, inquiries concerning Agency policy, procedures or
tactics, and employee commendation information received from outside the Agency.
I.
OVERVIEW
A.
B.
Allegations of Employee Misconduct
1.
Allegations of employee misconduct shall be recorded on the AIC Report
form. The Agency will investigate all allegations received.
2.
The information recorded shall be used to begin an investigation into the
events surrounding the allegation.
3.
Based upon the allegation received and preliminary investigations,
allegations shall be classified as either "formal" or "informal." The primary
difference in classifying the allegation is the manner in which the
investigation will be pursued.
Formal Investigation
1.
C.
Informal Investigation
1.
II.
A.
A formal investigation shall be conducted on all serious allegations of
misconduct, or where an alleged breach of the law has occurred, or civil
litigation is anticipated. Depending upon the nature and complexity of the
allegation, the investigation will be classified as a formal investigation by
the Division Commander with the approval of the Chief Executive Officer.
The investigator assigned to a formal investigation should obtain tape
recorded statements from all employees involved.
An informal investigation is conducted on less serious allegations of
misconduct. These involve less serious instances of misconduct and
demand less intensive investigation. Usually, formal statements or
interviews will not be used, since information is obtained from reports.
INQUIRIES
An inquiry is defined as citizen contact with the Agency concerning questions
about policies, procedures, or tactics used by the Agency.
Section A Chapter 5
Conduct
Page 20
B.
When a citizen questions the actions of an Agency employee and it is determined
by the receiving supervisor that the employee acted within prescribed Agency
policy, procedure or tactics, the matter shall be handled as an inquiry.
C.
The supervisor receiving the inquiry shall obtain all pertinent details from the
citizen.
D.
The supervisor receiving the inquiry shall make every attempt to explain to the
citizen the reasons a particular policy, procedure or tactic is utilized by the Agency.
E.
All information concerning the inquiry shall be documented on the AIC Report
form, including the nature of the inquiry and the response to the citizen. Any
related reports or documentation concerning the inquiry shall be attached to the
AIC Report form.
F.
If the citizen is dissatisfied with the explanation, the supervisor shall inform the
Division Commander who shall contact the citizen to explain Agency procedure
concerning the incident.
G.
If the supervisor or Division Commander receiving the inquiry determines that the
employee has not acted within prescribed Agency policy, procedure or tactics, the
AIC Report form shall reflect the matter as an allegation of employee misconduct,
and the supervisor shall complete the form as appropriate.
III.
COMMENDATIONS
A.
Any commendation given to an employee of the Agency shall be documented
appropriately on the AIC Report form.
B.
Specific information about the reporting party and necessary details shall be
documented along with an attachment of any pertinent written reports or
documentation.
C.
The AIC report of a commendation shall be processed through the Division
Commander's Office with a copy of the report placed in the employee's personnel
file, Division Commander's file, and with the Chief Executive Officer.
COMPLETION OF THE AIC REPORT BY SECTION NUMBER
Section 1
Check the block that describes the type of report being completed.
Section 2
Check the block that describes the manner the information was received.
Section 3
Enter the date the report was completed.
Section 4
Enter the time the report was completed.
Section 5
The AIC report form number shall be entered by the Division Commander.
Section A Chapter 5
Conduct
Page 21
Section 6
A brief synopsis of the complaint for use in inquiry or allegation of
misconduct only.
Section 7
Location of occurrence of the alleged misconduct, subject of inquiry or
commended acts.
Section 8
Date and time of occurrence.
Section 9
Names of involved employee(s) or the Law Enforcement Agency if the
allegation or commendation is directed toward the Agency in general.
Section 10
List the names of the reporting party, the PA (person alleged misconduct
against), if different from reporting party, witnesses and arrestees if
applicable.
Section 11
Check "Yes" if memoranda have been requested and "No" if they have not.
Section 12
Check "Yes" if a tape of the original complaint is included and "No" if it is
not.
Section 13
Check "Yes" if the reporting party has had any known previous contacts
with the Agency. This may be determined by requesting a records check
through the records section.
Section 14
Check "Yes" if any copies of related reports are attached.
Section 15
Place the related case report number(s) in this block if applicable.
Section 16
Written explanation of the situation as described by the reporting party.
NOTE: When recommending an officer for a commendation, this
section should be completed with a explanation of the reason(s) the
officer should be recognized. Attach additional sheet as necessary.
Section 17
Signature and employee number of interviewer.
Section 18
Signature of the reporting party, if applicable.
Section 19
Total time spent by the interviewer on the interview and records search.
Section 20.
To be completed by Administrative Division personnel only.
Section 21
Classification determined by the Division Commander.
Section 22
The appropriate page number and total number of pages shall be entered
in this section.
Section A Chapter 5
Conduct
Page 22
BAINBRIDGE DEPARTMENT OF PUBLIC
SAFETY
ALLEGATION / INQUIRY / COMMENDATION REPORT FORM
The Allegation / Inquiry / Commendation Report form (AIC) shall be used to record
allegations of employee misconduct, inquiries concerning Agency policy, procedures or
tactics, and employee commendation information.
Check the box that describes the type of report being completed.
Complaint
Inquiry
Allegation
Commendation
Check the box that describes the manner the information was received.
Citizen
Supervisor
Date Report Completed: __________
Anonymous
Time Report Completed: __________
(To be completed by Division Commander)
AIC Report #: ____________________
Brief Synopsis (Complaint, Inquiry, or Allegation of Misconduct Only)
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________
Location of Occurrence: _________________
_____________________________________
_____________________________________
Date of Occurrence : __________
Time of Occurrence : __________
Name of involved employee(s) or indicate if complaint, allegation, inquiry, or commendation
directed at Agency in General:
______________________________________________________________________________
_______
______________________________________________________________________________
_______
Section A Chapter 5
Conduct
Page 23
Name of reporting party(s): (print)
_________________________________________________________
Witness(s) (If applicable) :( print)
___________________________________________________________
Memoranda Requested?
Is there tape or recording of event(s)?
Yes
No
Previous agency contact with reporting party?
Yes
No
Are copies of related reports
attached?
Yes
No
If yes, indicate previous AIC Report # or other Report
Case #’s:
_____________________________________________
_____________________________________________
Yes
No
Related case report number(s) (If
Applicable):
Explanation of situation as described by reporting party (If recommending officer for
commendation, this section should be completed with an explanation of the reason(s) officer
should be recognized.)
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
__________________________________Attach Additional Sheets as Necessary.
Interview Conducted by:
(Print): _____________________________
(Sign): _____________________________
Badge # _________________
The undersigned reporting party swears or affirms that all statements made above are true and
accurate. The undersigned has been made aware that any statements that are found to be false
or made for malicious purpose may subject the reporting person to criminal charges in
accordance with Georgia Law.
____________________________________
Reporting Person(s) Signature
________________
Date
Total time of investigation: ________________________________________
Date Investigation Complete: ______________________________________
To be completed by administrative division personnel only
Section A Chapter 5
Conduct
Page 24
Classification (To be completed by Division Commander)
Formal
Informal
Section A Chapter 5
Conduct
Page 25
STANDARD OPERATING PROCEDURES
A5-4 RECEIVING CIVIL PROCESS SERVED ON THE AGENCY / EMPLOYEES
I.
INTRODUCTION
With increasing frequency, persons at all levels of government are being sued and held
individually liable. Whether this arises as a direct result of an "official action" or an incident
outside the scope of employment, it impacts the employee and Agency. The following
procedure addresses the processing of civil papers served on the Agency and/or its
employees:
A.
Acceptance of Civil Process
All civil process (subpoena, notice of law suit, complaint, or summons) shall be
served on and accepted only by the employee named on the process. If only the
jurisdiction is named, the process server shall be informed that service may be
made only to the Director of Public Safety or designee
B.
Employee Receipt of Civil Process
Any employee who receives a civil process to appear as a defendant or witness in
any civil action related to any circumstances arising from the performance of
his/her duties shall immediately make one photocopy of the entire civil process and
hand deliver the copy to their Division Commander. The civil process shall be
handled as any other incoming subpoena.
C.
Duties of the Division Commander upon Receiving Copies of Civil Process:
1.
Notify the Director of Public Safety of the civil process;
2.
If the civil process is the result of a work related activity and lists the
employee as a defendant, the Division Commander shall immediately notify
the City Attorney. The copy of the entire civil process shall be hand carried
to the City Attorney.
3.
Obtain copies of all Agency reports and documents about the action; and
4.
Ensure the file is complete, review it with the Director of Public Safety and
forward the file to the City Attorney and the City Manager.
NOTE: If the Director of Public Safety determines there may be misconduct
by the Agency or an employee, the case shall be investigated. The City
Attorney will determine whether the City has any legal interest in the matter
and will return its recommendations to the Director of Public Safety.
D.
Procedure When Civil Suit is Likely
Section A Chapter 5
Conduct
Page 26
When an employee has reason to believe that he/she may be sued due to
circumstances arising from the performance of his/her duties as a City employee,
but has not been served civil process, he/she shall immediately notify his/her
supervisor by memorandum. The memorandum shall outline his/her actions in the
incident and his/her reasons for believing a civil suit will result. The supervisor
shall then forward the memorandum and related reports to the Division
Commander who shall notify the Director of Public Safety.
E.
Civil Process Arising from Non-Official Actions
When any employee has reason to believe that he/she may be sued due to
circumstances not arising from the performance of his/her duties as a City
employee, but the legal action may have an effect on his/her employment or have
an adverse effect on the Agency, he/she shall immediately notify his/her
supervisor.
F.
City
Procedure when an Employee Starts a Civil Suit Related to Employment with the
When an employee plans to start any civil action resulting from his/her
employment with the City, he/she shall notify the Director of Public Safety.
GENERAL ORDER
ISSUED:
EFFECTIVE:
10/16/2007
Immediately
SUBJECT:
CANCELS:
Discipline, Grievance, and Appeal
REFERENCE:
City of Bainbridge Employee Personnel Policies
Manual Section14
DISTRIBUTION:
AMENDS:
All
INDEX SECTION:
A-6
INDEX
I.
PURPOSE
II.
TYPES OF DISCIPLIPNARY ACTIONS
III.
GRIEVANCE PROCEDURES AND DISCIPLINARY APPEALS
Section A Chapter 6
Discipline Grievance & Appeal
Page 2
I.
PURPOSE
It is the policy of the City of Bainbridge that all employees adhere to personnel
rules, regulations, and procedures. Use of disciplinary procedures is in certain
instances necessary to correct poor performance and enhance productivity.
The severity of the disciplinary action imposed shall be directly related to the
gravity of the offense.
II.
TYPES OF DISCIPLINARY ACTIONS
All disciplinary actions listed below are progressively severe in nature. Each step
includes oral counseling and documentation of such to the employee's personnel
file. Actions other than oral counseling and/or written reprimand require approval
of the City Manager.
A.
Reprimands:
1.
Oral Reprimand. An oral reprimand is the beginning step in the
progressive disciplinary process. It shall be used for an incident,
action, or behavior which does not warrant more severe
disciplinary action. With the oral reprimand, the supervisor will
verbally and privately explain to the employee that he or she is
being reprimanded. The supervisor will explain that the employee
is being verbally reprimanded. He/she will describe the problem
and indicate what must be done to correct the problem. The
supervisor and the employee shall also develop a time frame or
schedule for correction of the problem. Notice of this session shall
be copied to the employee's file and the City Manager.
2.
Written Reprimand. Where the incident, action or behavior of the
employee is such as not to initially warrant a more severe type of
disciplinary action, a written reprimand may be issued. As with the
oral reprimand, the supervisor will verbally and privately explain to
the employee that he or she is being reprimanded. In addition to
this verbal explanation, the supervisor shall give the employee a
written reprimand which will include the following:
a.
b.
c.
d.
Description of the problem;
Method/process for correcting the problem;
Time frame or schedule for correcting the problem; and
A written statement that if the problem is not corrected by
the employee by the date outlined, further disciplinary
Section A Chapter 6
Page 3
action such as suspension or termination may be
warranted.
Notice of this session shall be copied to the employee's file and
the City Manager. Written reprimands shall be issued by the
department head of the affected employee and a copy of same
shall be forward to the City Manager and filed in the personnel
folder of the employee.
B.
Probation
A Department Head, with the approval of the City Manager, may place an
employee on probationary status for a period of up to ninety (90) days.
During the probationary period the employee will not be eligible for
increases in salary or promotion. The employee's performance shall be
reviewed by the applicable department head at the end of the
probationary period to determine if the employee should be removed
from probation or if additional disciplinary steps are necessary.
C.
Suspension
A Department Head may, with the City Manager's approval, suspend any
employee under his/her supervision for a period of not more than thirty
(30) working days in any fiscal year. The suspension may be with or
without pay, as approved by the City Manager.
Written notice of such action shall be furnished by the department head
to the affected employee, and a copy of same shall be forwarded to the
City Manager and filed in the personnel folder of such employee.
D.
Demotion
With or without cause, a department head may, with the City Manager's
approval, reduce the salary of, reduce the responsibilities of, or reclassify
an employee in the process of demoting him/her. Written notice of such
action shall be furnished by the department head to the affected
employee and a copy of same shall be forwarded to the City Manager
and filed in the personnel folder of such employee.
E.
Dismissal/Termination.
A division director, subject to the approval of the City Manager (or the
City Manager, "AT WILL", through his own action) may dismiss or
terminate the employment of any City employee with or without cause.
Section A Chapter 6
Page 4
III.
Notice of the dismissal or termination will be furnished to the employee at
time of his/her termination.
GRIEVANCE PROCEDURES AND DISCIPLINARY APPEALS
A.
Policy
Employees who are hired by the City serve a probationary period of six
(6) months. It is the policy of the city that newly hired employees may be
dismissed at any time with or without cause and are ineligible for
grievance or appeal rights during the probationary period.
Once an employee completes a satisfactory probationary period and
becomes a regular status employee, the “at will” status of the employee
shall continue and the completion of the probationary period shall not be
construed as the granting of a property right to continued employment.
The city is, however, desirous of insuring the equitable and fair
administration of its personnel policies. To this end, the city does provide
a grievance and disciplinary appeals procedure to its permanent
employees whereby the employee can appeal employment actions or
policies adopted by the city.
In addition to the above, the City has sole and exclusive control and
absolute discretion to manage the organization and the operations
thereof and to take such measures as the City, through its division
directors and management, may determine to be necessary to promote
order, efficiency, and safety, relative to the workforce, and to maintain the
operations and services of the various departments of the City.
B.
GRIEVANCE PROCEDURES
The City of Bainbridge is committed to the fair treatment of employees
and offers a remedy for work-related complaints. The grievance
procedure provides a way for “permanent status employees” to express
their complaints about policies, procedures and their working conditions
without jeopardizing their jobs, and to obtain a fair hearing through
progressively higher levels of management. An informal settlement or
redress of any complaint must be handled before the formal grievance
process may begin.
General goals of the grievance process are as follows:
♦
To resolve grievances at the lowest possible level;
♦
To provide due process for all matters which are policy or work-
Section A Chapter 6
Page 5
♦
related but do not involve disciplinary matters; and
To encourage appropriate review of current policies, procedures,
and practices in order to find ways to improve management of
departments and employees.
The following are the classifications of grievances:
♦
Informal Grievance
All correspondence is verbal; handling of grievances is rapid and
conducted through discussion; no written record will result from
the informal grievance process.
♦
Formal Grievance
All correspondence is written; handling of grievances is governed
by procedure and progressive levels of management; final
document created from the process is maintained in the Human
Resources Office.
These procedures are designed to provide the employee with the
maximum opportunity to have his/her complaint(s) heard. The informal
grievance procedure shall in no way affect the employee’s right to pursue
the formal grievance procedure if he/she decides to do so.
C.
INFORMAL GRIEVANCE PROCEDURE
When an employee has a problem or grievance, the matter is to be
discussed with the employee’s immediate supervisor. If the employee
and the immediate supervisor are unable to resolve the problem, the
employee should discuss it with the next supervisory level person in the
established chain of command. The final step in this procedure, should it
be necessary, will be to bring the nature of the grievance to the attention
of the Division Director. The Division Director may discuss the grievance
with the employee privately, but has the right to request the supervisor’s
presence at any time during their discussion.
If the employee has followed the informal grievance procedure and the
complaint is still unresolved, the employee has the right to file a formal
written grievance.
D.
FORMAL GRIEVANCE PROCEDURE
The employee will present the grievance in writing to his/her supervisor.
The supervisor receiving the grievance will review the complaint with the
Section A Chapter 6
Page 6
employee and respond in writing within three (3) business days from the
time the grievance is received(*).
If the grievance remains unsettled, then the employee may appeal the
decision through the established chain of command. The employee’s
appeal shall be made in writing to each supervisory level. The appeal
must be made within three (3) business days of the previous decision.
The supervisor receiving the grievance will review the complaint with the
employee and respond in writing within three (3) business days. All
evidence pertaining to the grievance must be presented to the first level
of appeal. If at any point during the grievance process new evidence is
introduced by the employee the grievance will be remanded to the
previous level of appeal.
NOTE: This step is to be repeated at every supervisory level below that
of division director or chief.
If the grievance remains unsettled, the employee may appeal the
decision in writing. The appeal must be made within three (3) business
days of the previous decision. At the employee’s request, the Division
Director will hold an administrative hearing. The hearing will be held
within three business days from the time the grievance is received. At the
administrative hearing, the Division Director will interview all parties
involved. The Division Director will make a permanent record of the
proceedings. The Division Director will respond in writing within five (5)
business days from the date the appeal is received or the date the
hearing is held.
If the grievance is still unresolved, the employee may appeal the decision
to the City Manager. The employee’s appeal must be submitted in writing
within three (3) business days(*) of the decision issued in the previous
step. The City Manager will review the record established throughout the
grievance process, and will contact the employee with his/her review of
the decision rendered.
In all cases, the decision of the City Manager is final.
(*) Should circumstances exist on the part of the employee which, during
any part of the grievance process, prevents the employee from complying
with the established time limits, arrangements will be made by the City
Manager to extend the time limit for making the next appeal. The
employee should notify the City Manager immediately when such a
circumstance arises. Failure to make proper notification and to seek
appropriate accommodation may cause the grievance to be closed. If
Section A Chapter 6
Page 7
such circumstances exist on the part of the supervisor, provision for the
time limit to be extended will be made, or the grievance will be passed on
to the next level of supervision, whichever is deemed appropriate by the
City Manager in order to assure timely handling of the grievance. Failure
to notify the City Manager of circumstances which prevent compliance
with the established time limits will automatically cause the grievance to
be passed to the next level of supervision.
E.
DISCIPLINARY APPEALS
The disciplinary appeals process provides employees the opportunity to
appeal disciplinary action for suspension, demotion, and termination. At
any time during the appeals process, the employee may, at his/her own
expense, have legal counsel present.
F.
EXCLUSION
Verbal counseling sessions are not to be made a part of the employee’s
personnel file. Supervisors maintain documentation of these sessions in
their own departmental files and make them part of the employee’s
personnel file only when they must be used to document more severe
disciplinary action. Verbal counseling’s are not, therefore, eligible for
appeal.
Written reprimands are made a part of the employee’s personnel file but
are not eligible for appeal through the appeals process; however, at the
employee’s annual evaluation which occurs at least twelve months from
the time of reprimand, the employee may request, in writing, that his/her
reprimand be removed from his/her file. The supervisor may grant the
request provided significant progress has been made toward correcting
the problem which caused the disciplinary action and no other
disciplinary action has occurred during that time period.
G.
APPEAL OF SUSPENSION OR DEMOTION
When disciplinary action is to be taken, the employee will be advised by
his/her supervisor in writing and in person of both the charges and the
proposed disciplinary action. The employee will be given twenty-four (24)
hours to evaluate his/her situation, and he/she may respond to the
charges and discipline to the supervisor who took the disciplinary action.
The employee may either accept the discipline or appeal through the
process outlined below. The employee will be given the opportunity to
discuss the matter with his/her supervisor within the twenty-four hour
period.
Section A Chapter 6
Page 8
The employee will present the appeal in writing to his/her immediate
supervisor within three (3) business days. The supervisor receiving the
appeal will review the disciplinary action with the employee and respond
in writing within three (3) business days. The Filing of a Disciplinary
Appeal will not have the effect of delaying the proposed disciplinary
action.
The employee must present all evidence on his/her behalf in the initial
phase of the appeal. If new evidence is introduced at any step beyond
the initial review by the immediate supervisor, the appeal will
automatically be remanded back to the immediate supervisor.
The supervisor may uphold, reduce or reverse the disciplinary action.
The disciplinary action cannot be increased by the supervisor.
The employee may appeal the decision of his/her immediate supervisor
through the established chain of command. The employee’s appeal is
made in writing to each supervisory level. The appeal must be made
within three (3) business days of the previous decision. The supervisor
receiving the appeal will review the disciplinary action with the employee
and respond in writing within three (3) business days. The supervisor
may uphold, reduce or reverse the disciplinary action taken.
NOTE: This step is to be repeated at every supervisory level through that
of division director.
The employee may appeal the decision of the Division Director to the
Disciplinary Appeals Panel. The Disciplinary Appeals Panel will consist
of:
Three (3) members from the list of Division Directors listed below:
Leisure Services Director
Public Works Director
Utilities Director
Public Safety Director
Community Development Director
General Administration Director
Two members shall be selected from the remaining city work force.
These members shall not be Division Directors.
The City Manager will designate the five members who will serve as the
Disciplinary Appeals Panel and designate the Panel Chairperson from
Section A Chapter 6
Page 9
the list of Division Directors. Under no circumstances can there be two
representatives from the same Department on the same Appeals Panel.
None of the panel members chosen shall be the Director of the Division
in which the appealing employee works.
The appeal shall be made in writing and must be received within three (3)
business days of the previous decision. The Disciplinary Appeals Panel
will hold an administrative hearing. The hearing will be scheduled as
soon as possible following receipt of the appeal but no later than one
week from the receipt of the appeal. At the administrative hearing, the
Disciplinary Appeals Panel will interview all parties involved. Employees,
or their legal representative, may call witnesses. It is the responsibility of
the employee to contact his/her witnesses to advise them of the time to
report to the hearing. City employees called as witnesses who are
working at the time the hearing is held will be excused from work to
testify. The employee filing the appeal is to provide the Chairman of the
Appeals Panel with a list of witnesses who must be excused from work.
During the hearing, the employee, or his/her legal representative, may
cross-examine witnesses, present evidence, and make a closing
statement. All hearings will be video taped for the purpose of creating a
permanent record of the proceedings. The Disciplinary Appeals Panel will
respond in writing within (5) business days following the day the hearing
is held. The Appeals Panel may uphold, reduce, or reverse the
disciplinary action. The disciplinary action cannot be increased.
The employee may appeal the decision of the Disciplinary Appeals Panel
to the City Manager. The employee’s appeal must be submitted in writing
using the Appeals form within three (3) business days of the decision
issued in the previous step. The City Manager will review the record
established throughout the appeals process, and will respond in writing
within three (3) business days following receipt of the appeal. No hearing
will be held at this level of appeal and no new evidence may be
introduced. The City Manager may uphold, reduce, or reverse the
disciplinary action. The disciplinary action cannot be increased.
The City Manager’s decision is final in all cases.
H.
APPEAL OF TERMINATION
When disciplinary action involving termination of employment is to be
taken, the employee will be advised by his/her Division Director in writing
and in person of both the charges and the proposed disciplinary action.
The employee will be placed on Suspension Pending Termination status
and will be given three (3) business days to consider the proposed action
Section A Chapter 6
Page 10
and to either accept the decision of the Division Director or to appeal the
action.
The employee will present the appeal in writing to his/her Division
Director. The employee must present all evidence on his/her behalf in
this phase of the appeals process. If new evidence is introduced at any
step beyond the initial review by the Division Director, the appeal will
automatically be remanded back to the Division Director. The Division
Director will review the disciplinary action with the employee and inform
the employee of his/her decision in writing within three (3) business days.
The employee may appeal the decision of the Division Director to
the Disciplinary Appeals Panel. From this point the appeals
process will progress as described in Section 14-3B of the City of
Bainbridge Personnel Policy Manual. The employee will remain
on suspension pending termination status until the appeals
process is complete.
IV.
________________________
City Manager
Chris Hobby
_________________________
Larry Funderburke
GENERAL ORDER
SUBJECT:
ISSUED:
EFFECTIVE:
11/01/2006
Immediately
CANCELS:
Uniform and Dress Code
REFERENCE:
GACP sample policy manual
AMENDS:
INDEX SECTION:
DISTRIBUTION:
All
INDEX
I.
PURPOSE
II.
A.
General
B.
Uniform Shirt
C.
Uniform Shirt Accessories
D.
Uniform Trousers
E.
Uniform Belt
F.
Uniform Headgear
G.
Uniform Footwear
H.
Uniform Leather Gear
I.
Uniform Inclement Weather Gear
J.
Special Uniforms
K.
Excluded Items
L.
Firearms
M.
Other Equipment
N.
Criminal Investigation Division Dress Code
A-7
Section A Chapter 7
Uniform & Dress Code
Page 2
O.
Court Dress
P.
Inside Dress
Q.
Civilian Personnel
R.
Turning in City Equipment upon Termination or Resignation
S.
Hair
Section A Chapter 7
Page 3
I.
II.
PURPOSE
A.
Establish rules and regulations regarding the Agency uniform, equipment
and personal appearance.
B.
Establish employee accountability for the Agency uniform and equipment.
C.
Establish an Agency dress code and employee personal appearance
guidelines.
A.
B.
General
1.
Sworn employees will wear the designated uniform when reporting
for duty, while on duty, and during any authorized special
assignment. When the uniform is worn, care shall be taken that it
fits well, is neat, clean, properly pressed, and that all leather and
metal items are polished and in presentable order.
2.
Civilian employees will wear and maintain an employee uniform as
required.
3.
Employees of the Agency shall be neat in appearance and well
groomed. Male employees will be clean shaven. (Mustaches are
allowed, see Section S. 6.)
4.
While wearing the uniform, employees shall maintain a professional
appearance.
5.
Under no conditions will a part of the official uniform be intermixed
with the wearing of civilian clothes.
6.
The Director of Public Safety may prescribe or authorize other types
of clothing to be worn.
Uniform Shirt
1.
The uniform shirt will be long or short sleeved according to the
season. Shirts will be clean and pressed and will not be frayed or
torn. The date for changing seasonal shirts will be at the discretion
of the Director of Public Safety.
2.
The Director of Public Safety will determine the style, type, and
color of uniform shirts.
3.
No alterations will be allowed on the length of the sleeves on short
Section A Chapter 7
Page 4
sleeved shirts. Long sleeves will be such that when the arms are
extended perpendicular to the ground, the edge of the cuff extends
only to the area immediately below the wrist bone and above the
junction of the wrist with the hand.
C.
4.
All buttons, except the collar button on short sleeved shirts, will be
buttoned.
5.
Personal items will not be carried in the pockets of the shirt in such
as way as to make the pockets bulge or protrude from the pockets.
Official credentials and pens are permitted.
6.
Undershirts if worn and visible will be black in color.
7.
Non-uniform articles will not show above the uniform collar or
protrude from the pockets.
Uniform Shirt Accessories - The only authorized uniform shirt accessories
are:
1.
Badge - To be worn in the slot provided on the outermost garment
and clearly visible at all times.
2.
Name Plate - Official shiny metallic finish clutch type, engraved with
employee's name, inset with black color. The name plate shall be
clean and polished and worn centered parallel with the seam at the
top of the flat of the right breast pocket. The name will always be
discernible.
3.
Collar Insignias - The appropriate collar insignia is to be worn just
inside the seams at the corner of the collar perpendicular with the
collar corner. On an open collar, this will place the insignia at a 45
degree angle. On winter shirts, it will be parallel with the ground.
4.
Awards - Pins designated and approved by the Director of Public
Safety indicating E.M.T. Training, firearms, etc., will be worn on the
right pocket flap, parallel to the top of the pocket 1/4 inch below the
seam. The finish will be of the appropriate color.
5.
Official Agency Patch - Will be displayed on both shoulders of all
uniform shirts and jackets and centered one inch below the
shoulder seam.
6.
Chevrons - Will be displayed on both shoulder sleeves s of the
appropriate ranking officers. On short sleeved shirts, the bottom
points of the chevron will be one-eighth of an inch above the seam
stitching on the arm, the top point will be centered below the
Section A Chapter 7
Page 5
Agency patch. On a long sleeve, the peak point of the chevron will
be centered five and one-half inches below the shoulder seam.
D.
E.
7.
Assistant Fire Chief, and Captain ranking emblems shall be
centered vertically on the shoulder epaulettes of the uniform shirt.
8.
Whistle and Snake Type Whistle Chain - In appropriate metallic
finish, the chain will be worn on the right shoulder button under the
epaulet falling down into the inside of the right pocket.
9.
Tie/Dickey - As issued. One or the other, as designated, will be
worn with the long sleeve shirt.
10.
Tie Bars or Tacks - Of appropriate finish will be worn in the center
of the tie and worn one inch below the third shirt button.
11.
Flag - A small metal American Flag is optional and may be worn
parallel to and one-half inch from the right side of the name plate.
The size shall not exceed five-eighths inch by one-half inch.
12.
Service Pin - Presented by the City for years of service; when worn,
shall be parallel to and one-half inch from the left side of the name
plate.
Uniform Trousers
1.
color of uniform pants. Issued trousers or slacks will be clean,
pressed and tailored.
2.
Trousers will be tailored so that the front crease breaks one quarter
of an inch before touching the shoe. Trousers should fit so that the
side pockets do not appear gaping (correct size). All pocket
buttons will remain buttoned and must be replaced when necessary.
3.
Bulky objects will not be carried in the pockets. No objects will
protrude from the pockets.
Uniform Belt
The garrison or under belt worn with these trousers will be a black leather
or Velcro type, one and one-half inches wide, with the appropriate finish
buckle.
F.
Uniform Headgear
Section A Chapter 7
Page 6
1.
G.
H.
The designated uniform hat must be worn at all times except:
a)
When inside the Agency vehicle;
b)
When under cover (indoors);
c)
When standing roll call or other inspections or;
d)
As personal courtesy dictates.
2.
Hats will be worn squarely on the head with the lower edge of the
sweatband located one inch above the eyebrows.
3.
Hat braids and hat badges of appropriate color will be worn on the
hat.
4.
If appropriate, the chin strap will be worn around the back of the
head and above the ears.
5.
The uniform hat brim is not to be altered.
Uniform Footwear
1.
Shoes will be plain toe, either "vinyl" or leather and black in color.
2.
Footwear with buckles will not be worn with the uniform.
3.
Shoes shall be clean and highly polished, and will be kept in good
repair.
4.
The heels of the shoes and boots will not be over one inch in
height. Shoes without heels will not be worn with the uniform.
5.
Boots may be worn by officers assigned to special assignments
upon approval of the Director of Public Safety.
6.
Black socks will be worn. If white socks must be worn for medical
reasons, they will be worn under black socks.
Uniform Leather Gear
1.
All uniform personnel will wear a black “basket weave” two and one
half inch width gun belt with appropriate buckle. The gun belt will
have upon it the following items:
a)
Security style holster – Only one duty weapon holster is to
be worn and it shall be worn on the right or left trouser
Section A Chapter 7
Page 7
seam. The butt of the firearm will be to the rear.
I.
b)
Ammunition and case - Should be worn on the forward
portion of the belt, between the holster and the belt buckle.
Each officer shall carry a minimum of fifteen (15) rounds or
ammunition in each magazine in the case.
c)
Handcuff case with handcuffs inserted properly for
immediate use, should be worn opposite the holster, to the
rear of the side seam of the trousers.
d)
From two to four black keeper straps may be used to attach
the belt to the garrison or under belt.
e)
Walkie-talkie holders must be fastened to the gun belt.
Holders for expandable batons and pepper spray may be
fastened to the gun belt.
f)
Keys and key holder, when worn, will be worn so the keys
may be tucked into the back pocket.
g)
Officers authorized to carry the Advanced Taser shall wear
the Taser holster and Taser on the opposite side of the
officer’s firearm in a cross-draw fashion.
h)
No other accessories will be permitted on the gun belt,
without the approval of the Director of Public Safety.
Uniform Inclement Weather Gear - Optional according to weather
conditions.
1.
Rain gear consists of a yellow raincoat to be worn with all but the
top button snapped, and black rubber boots (optional).
During foul weather, the proper rain cover will be worn over the
uniform hat to prevent water damage.
2.
color of the uniform winter jacket. The following are to be included
on the winter jacket:
b.
Sergeant and corporal chevrons to be worn on both sleeves
one half inch below the Agency emblems;
c.
The metal or cloth rank insignia of Captains, Assistant
Chiefs and above will be worn parallel to the shoulder seam
and five-eights inch from the shoulder seam to the nearest
Section A Chapter 7
Page 8
bar or insignia;
d.
3.
The winter jacket will not be worn with summer uniform.
Gloves, if worn, must be black leather or black fabric.
J.
Special Uniforms - Uniform specifications for special ceremonies and
tactical sections will be announced by special order.
K.
Excluded Items - The following items are excluded from use by Agency
personnel:
L.
1.
No dangling earrings or any type of ornament will be affixed to the
ear, while in uniform. Females with pierced ears may wear small
post earrings.
2.
The use or the possession of the hard metal flashlight is prohibited.
3.
Personal ornaments, or excessive jewelry shall not be worn while in
uniform nor shall they be affixed to any part of the uniform, unless
authorized by the Director of Public Safety. Wedding rings may be
worn.
4.
Any emblem or patch denoting a special squad to be worn on the
uniform must receive prior approval from the Director of Public
Safety. No officer shall wear any type emblem upon his/her uniform
denoting membership in a specialized or particular squad of the
Agency unless currently assigned to the squad.
5.
No political material or any type of flag other than designated in
section C-10 may be worn on the uniform.
Firearms
1.
Uniform Officers
a.
A Glock Model 22 semi-automatic firearm is Agency issue
for the Uniform Patrol Division. When not in use, it is to be
fully snapped in the holster.
b.
The Agency issued firearm and ammunition shall be carried
by all sworn personnel.
c.
Permission to carry a personal handgun must be authorized
by the Director of Public Safety. Use of a personal handgun
will require recording the serial number, make and model in
the personnel file of the individual officer. The officer is also
Section A Chapter 7
Page 9
required to qualify on the firing range with his/her personal
handgun. When the officer makes a written request to carry
a person handgun, the officer must specify where the
handgun will be worn.
2.
M.
N.
Non-Uniform Officer
a.
A Glock Model 22 semi-automatic firearm is Agency issue
for the Criminal Investigation Division and is designated as
the duty weapon to be carried.
b.
Permission to carry a personal handgun must be authorized
by the Director of Public Safety. Use of a personal handgun
will require recording the serial number, make and model in
the personnel file of the individual officer. The officer is also
required to qualify on the firing range with his/her personal
handgun. When the officer makes a written request to carry
a person handgun, the officer must specify where the
handgun will be worn.
Other Equipment
1.
Body armor will be provided to officers who request it. If Body
armor is issued it shall be worn as part of the uniform at all times.
2.
Handcuffs with one key are required.
3.
Expandable type baton and holder may be worn by uniform officers.
4.
OC Spray. See S.O.P. B4-5 Use of Chemical Weapons Oleoresin Capsicum (OC Spray).
5.
Advanced Taser. See S.O. P. B4-4 Use of Advanced Taser
6.
Turnout Gear. See Section C Fire Suppression
Criminal Investigation Division (CID) Dress Code
1.
An investigator shall dress in civilian clothes and shall keep him/her
self neat and clean. The general appearance shall be business like
and always presentable when in public.
2.
Whenever investigators are in the public view or appear before any
official body or court, they shall dress in a professional manner.
Coats may be omitted during very hot weather, and the service
weapon may be exposed under these limited conditions.
Section A Chapter 7
Page 10
NOTE: If the weapon is exposed, the officer's badge must also
be exposed / visible.
3.
Ties will be worn when appropriate.
4.
No blue jeans or jogging suits will be worn on duty, unless approved
by the shift supervisor.
5.
All CID members shall keep their hair cut in a conservative manner.
Male investigators may wear a trimmed mustache that does not
come below the corners of the mouth. No handle bar type
mustache will be allowed.
NOTE: Upon approval of the Director of Public Safety, officers
assigned to special details may be exempted from the
Agency's grooming policy.
O.
6.
CID personnel will be required to carry their firearms and handcuffs
whenever on duty unless prior approval is given. Whenever CID
personnel are in contact with the public, he/she should not carry
his/her firearms in an open exposed manner unless his/her badge
is clearly exposed / visible.
7.
Investigators must carry hand held radios when away from the
office or an Agency vehicle unless the nature of the investigation
prohibits it.
Court Dress - The following attire will be appropriate in court:
1.
Uniform or coat and tie with dress slacks for males, and appropriate
business-like dress for females.
P.
Inside Dress - While assigned to office duty, sworn officers may be exempt
from wearing those articles which are not necessary for that duty, upon
approval of the Director of Public Safety.
Q.
Civilian Personnel - Office personnel assigned to the Agency should dress
in a business-like manner. There shall be no blue jeans, bare feet, halter
tops, shorts, tank tops, or tennis shoes worn while on duty.
R.
Turning in Equipment upon Termination or Resignation - When any
employee resigns or is terminated, all City issued property will be turned
into the Director of Public Safety or Division Commander. This must be
done before the issuance of a final pay check.
S.
Hair - Hair regulations for the Agency follows:
Section A Chapter 7
Page 11
1.
The hair will be neatly groomed and worn in such a manner as to
not hang over the forehead under the regulation head gear. Hair
will always be neatly groomed.
2.
The hair at the back of the head may be worn in a full style. No hair
will be allowed to extend over the collar.
3.
The hair on the top of the head may be worn in a full style provided
the regulation head gear is not hindered by the hair from sitting
squarely on the head. The head gear cannot be supported solely
by the hair.
4.
Sideburns are permitted, provided they do not extend below the
middle of the ear. Sideburns can/cannot be worn in a flared style.
The base will have a precise, horizontal line.
5.
The hair should not cover or touch the ears or extend below the
normal hairline. "Corn-rowing" of the hair is not permitted while in
uniform.
6.
A mustache is permitted provided it does not extend below the
corners of the upper lip. It cannot turn upward or be worn in a
twisted manner. It can/cannot be of a "handle bar" style, and
cannot be waxed on the ends. The upper lip must be exposed.
The mustache cannot be worn so thick that it extends over onefourth inch outward.
7.
Wigs or hair pieces may be worn only to cover natural baldness or
to cover physical disfiguration. When worn, wigs will conform to
hair regulations.
8.
Female uniform officers are required to wear their hair to comply
with the standards of the Agency. Female officers are permitted to
wear their hair pinned up during duty hours.
9.
Beards and ponytails are not permitted.
Note: Officers who have been medically diagnosed with
pseudofolliculit-is barbae (follicle hair inflammation) and
cannot shave without irritation will be exempt from this order
if properly documented
10.
Members of the Investigative Division are required to comply with all
rules regarding hair styles.
11.
Exemptions from the above rules require authorization from the
Director of Public Safety.
Section A Chapter 7
Page 12
III.
_____________________
City Manager
Chris Hobby
_______________________
Larry Funderburke
GENERAL ORDER
SUBJECT:
ISSUED:
EFFECTIVE:
11/10/2006
Immediately
CANCELS:
Arrests
REFERENCE:
GACP Model
OCGA 17-4-20
OCGA 16-3-21
DISTRIBUTION:
AMENDS:
INDEX SECTION:
All
INDEX
I.
PURPOSE
II.
DEFINITIONS
III.
A.
Arrest
B.
Arrest Warrant
C.
Investigative Detention
D.
Probable Cause
E.
Within the Officer's Immediate Knowledge
A.
Arrest without a Warrant
B.
Arrest with a Warrant
C.
Procedure When Making an Arrest
D.
Alternatives to Physical Arrest
E.
Immunity from Arrest
S.O.P. B1-1 TAKING SUSPECT INTO CUSTODY
S.O.P. B1-2 PROCESSING OF JUVENILE OFFENDERS
B-1
Section B Chapter 1
Arrests
Page 2
S.O.P. B1-3 CONFESSIONS AND INTERROGATIONS
S.O.P. B1-4 PREVENTION OF BLOODBORNE DISEASES
S.O.P. B1-5 DIPLOMATIC AND CONSULAR IMMUNITY
REQUEST FOR ASYLUM / DEFECTION
Section B Chapter 1
Arrests
Page 1
I.
II.
PURPOSE
A.
Establishes Agency guidelines for arrest procedures.
B.
Identifies those individuals exempt from normal arrest procedures.
C.
Establishes a standard operating procedure for taking a suspect into
custody.
D.
Establishes a standard operating procedure for processing juvenile
offenders.
E.
Establishes a standard operating procedure for taking confessions and
conducting interrogations.
DEFINITIONS
A.
ARREST - The restraint of the liberty of a person to come or go as he
pleases, no matter how slight. An individual has been arrested when he is
not free to go, regardless of whether formal words of arrest are used.
B.
ARREST WARRANT - A written judicial command to arrest a particular
individual and to bring the arrestee promptly before the magistrate issuing
the warrant or other appropriate judicial officer. Oral or telephone warrants
do not exist.
C.
INVESTIGATIVE DETENTION - An investigative detention occurs when an
officer, based on his/her natural senses, experience, and good judgment
suspects that criminal activity may be occurring and has reason that he/she
can express to support his/her suspicion. He/she may then detain a
subject briefly to investigate his/her suspicions. He/she may frisk the
subject's outer garments if there is reason to believe the subject has a
weapon.
D.
PROBABLE CAUSE - Those facts and circumstances which would lead a
reasonable and prudent person to believe that a crime has been
committed, or that the suspected person has committed an offense.
E.
WITHIN THE OFFICER'S IMMEDIATE KNOWLEDGE - When, by seeing,
hearing, or using any of the other senses, the officer has personal
knowledge of the commission of a crime. This is equivalent to "in the
officer's presence". This excludes reporting of a crime by any third party
other than another law enforcement officer who has direct knowledge of
Section B Chapter 1
Arrests
Page 2
OCGA 17-4-20 (arrests).
Section B Chapter 1
Arrests
Page 3
III.
A.
Arrest without a Warrant
NOTE: An arrest without a warrant must be based on probable cause.
In the state of Georgia, officers may make an arrest without a warrant in
the following instances:
1.
When an offense is committed in the officer's presence or within
his/her immediate knowledge;
2.
When an offender is attempting to escape;
3.
When an officer has probable cause to believe an act of family
violence has been committed as specified under OCGA 19-13-1;
4.
When for other cause there is likely to be a failure of justice for
want of a judicial officer to issue a warrant;
5.
To prevent the commission of a felony (This exception should only
be utilized when the criminal act is imminent.);
6.
Upon receiving information from a law enforcement officer who
observed an offense being committed, provided such information
would constitute the basis for arrest had it been committed in the
arresting officer's presence. (The warrant issued must list the name
of each officer(s). If more than one officer is involved, they should
all be present when charges against the offender are heard); and
NOTE: All of the above exceptions are based on timeliness; if
enough time has passed for a warrant to have been obtained,
an arrest without a warrant may not be upheld.
7.
Outside of the time restriction, a seventh exception is noted, that of
a fugitive arrest based on belief that a warrant exists in the
jurisdiction from which the suspect fled. An officer has limited
power to arrest without a warrant beyond the boundaries of his/her
jurisdiction except for when the officer is in hot pursuit that is
continuous and uninterrupted (an officer may temporarily lose sight
of the suspect). No officer shall arrest any person without a warrant
when he/she knows that he/she is without reasonable cause to
arrest such person.
Section B Chapter 1
Arrests
Page 4
B.
Arrest with a Warrant
NOTE: The execution of arrest warrants shall only be conducted by
sworn officers who are in compliance with the Georgia P.O.S.T.
Requirements.
1.
Jurisdiction - An arrest warrant may be issued in any county in
Georgia, even for a crime committed in another county. Once
issued, a warrant may be carried from one county to another. The
warrant may be served in any county of the state regardless of
where it was issued.
2.
Contents - A valid arrest warrant must contain specific information
as required by statute, court decisions and the Uniform Rules of the
Superior, State and Magistrate Courts. Such information includes:
a.
The authority under which the warrant is issued;
b.
Identification of the person who is to execute the warrant,
generally addressed: "To any sheriff, deputy sheriff,
coroner, constable, Marshall, or police officer";
c.
Identification of the person to be arrested;
d.
The name of the offense committed;
e.
The date and place of occurrence of the offense, including
the county in which it was committed;
f.
Identification of the victim; and
g.
A description of the offense, including all of the elements of
the offense.
In addition, when the offense charged is a theft, the warrant
must contain:
1)
A description of the property alleged to have been
stolen;
2)
Identification of the owner of the stolen property;
3)
The value of the stolen property; and
Section B Chapter 1
Arrests
Page 5
4)
The person from whose possession it was taken.
NOTE: Without strict compliance with the above, the
warrant may not be valid.
3.
C.
No officer shall arrest any person under color of a warrant unless
he/she reasonably believes a valid felony warrant exists and that
the person described in the warrant is before him/her.
Procedure When Making an Arrest
When a lawful arrest cannot be made except with a warrant, the arresting
officer should have the warrant in his/her physical possession at the time of
the arrest, or so near at hand that it can be exhibited upon demand.
NOTE: An officer making a lawful arrest has the right to use whatever
force is reasonably necessary to accomplish the arrest, but no more
than is necessary to take the suspect into custody (see Chapter 4 Use of Force).
D.
Alternatives to Physical Arrest
What is reasonable in terms of appropriate police action or what constitutes
probable cause varies with each situation. The particular facts and
circumstances may justify an investigation, a detention, a search, an arrest,
or no action at all. In some cases, when the offense is of a minor nature, a
verbal warning or other action may be taken. The requirement that legal
justification be present imposes a limitation on an officer's action. In every
case, an officer must act reasonably within the limits of his/her authority as
defined by statute and judicial interpretation.
E.
Immunity from Arrest
Federal and state laws provide that under certain circumstances,
individuals may be immune from arrest. With the limited exception of
certain diplomatic officials, immunity from arrest does not preclude
prosecution of the individual for the offense for which immunity from arrest
is claimed.
NOTE: For details regarding diplomatic and consular immunity see
S.O.P. 8-5 Diplomatic and Consular Immunity, Request for Asylum /
Defection.
NOTE: Supervisors should be immediately advised of the arrest of
Section B Chapter 1
Arrests
Page 6
any person identified in this section -- E. Immunity from Arrest.
1.
Members of Congress
U.S. Senators and Representatives are free from arrest during their
attendance at Congress and in going to and from sessions of
Congress except for "treason, felony, or breach of the peace."
2.
Members of the Georgia General Assembly
The members of the Georgia General Assembly are free from
arrest during their attendance at the General Assembly and in going
to and from sessions except for "treason, felony, or breach of the
peace."
3.
Others Exempt from Civil Arrest
a.
Georgia National Guard
Members of the Georgia Army National Guard and the
Georgia Air National Guard are privileged from arrest,
except in cases of treason, felony, or breach of the peace,
under the following circumstances: 1) while attending drill; 2)
during parades; 3) when attending meetings, encampments,
and election of officers; and 4) while going to, during and
returning from the performance of active duty.
In any incident in which a person asserts immunity based on
membership in the National Guard, a full report of the
incident will be submitted. It is the policy of this Agency that
all incidents in which a member of the National Guard
asserts immunity from arrest will be reported to the Adjutant
General of the Georgia National Guard for appropriate
action under the Georgia Code of Military Justice.
b.
Poll Officers
Registrars and deputy registrars appointed by the board of
registrars or board of elections of the county or the
Secretary of State are immune from arrest on primary and
election days, except for fraudulent misconduct of duty,
felonies or breach of the peace.
NOTE: OCGA 21-2-215 only refers to registration
Section B Chapter 1
Arrests
Page 7
officials, not poll officers.
c.
Voters
Citizens are immune from arrest on Election Day while
voting.
d.
Witnesses
A person who has been subpoenaed as a witness is
immune from arrest on civil process while going to or
returning from court. A person asserting immunity as a
witness should be able produce either the subpoena or a
court order in the case of witnesses appearing under the
Uniform Act to Secure the Attendance of Witnesses as
proof of his/her status. Verification may be requested from
the Clerk of the Court that issued the subpoena.
IV.
_____________________
City Manager
Chris Hobby
_______________________
Larry Funderburke
Section B Chapter 1
Arrests
Page 8
B1-1 TAKING SUSPECTS INTO CUSTODY
INTRODUCTION
It is the duty of each officer to carry out arrests according to established procedures. By
performing duties in this manner, an officer reduces the potential for injury to the suspect,
him/her self and citizens. This minimizes the opportunity for an escape and reduces the
possibility that force will be needed to control the situation. This S.O.P. should be
consistent with Agency training.
INITIAL CONTACT
A.
A person about to be arrested has the right to know that he/she is being taken into
custody by an officer with lawful authority.
A suspect is considered to have notice if he/she:
1.
Actually knows the person making an arrest is an officer;
2.
Is able to see the officer's uniform or badge;
3.
Is apprehended while committing a crime;
4.
Is pursued from the scene of a crime; or
5.
Is told by the officer of the officer's status, the reasons for an arrest and are
advised of his/her constitutional rights.
B.
If an officer who is not known to a suspect fails to identify him/her self or to make
his/her purpose known, the suspect has the right to resist what appears to be an
unjustified assault. However, once the officer is identified, the assumption that the
arrest is unlawful is no longer valid.
C.
If a person knows or believes the arrest is lawful, it is his/her duty to submit quietly
to custody. An officer making a lawful arrest has the right to use whatever force is
necessary (see Chapter 11. Use of Force) to accomplish the arrest, but no more
than is necessary to take the suspect into custody.
SEARCHING / HANDCUFFING
Section B Chapter 1
Arrests
Page 9
A.
All persons taken into custody shall be searched incident to arrest. This search
should include a full and careful pat-down of the suspect for weapons, contraband
and evidence of the crime for which the arrest is made, and should occur after
handcuffing when possible. The search should also include the area within the
suspect's immediate reach at the time of the arrest.
B.
Any person taken into custody who is suspected of committing a criminal act, or
who may be dangerous to himself or an officer, should be handcuffed before being
transported.
1.
2.
Method
a.
Whenever practical, the hands shall be handcuffed to the rear of
the suspect with the palms facing outward.
b.
The handcuffs will always be double locked with keyholes facing
upward.
c.
Once applied, the handcuffs should be checked for fit by pulling or
pushing on the handcuff jaw.
Restrictions
An officer shall not:
C.
a.
Handcuff a prisoner to a fixed object or vehicle unless there is a
need to restrain one prisoner so that the officer can pursue other
offender(s);
b.
Be handcuffed to the prisoner; nor
c.
Remove handcuffs until the prisoner is safely inside the jail or law
enforcement agency.
All prisoners will be searched by the arresting officer and will also be searched by
each officer taking custody of the prisoner during transport and confinement.
TRANSPORTING ARRESTEES / PRISONERS
A.
Prior to transport arrestees/prisoners should be secured in the patrol car by a
safety restraining devise (seatbelt).
B.
Arrestees/prisoners requiring medical attention shall be delivered to the
Section B Chapter 1
Arrests
Page 10
C.
D.
appropriate medical facility prior to being transporting to the jail.
Until relieved or replaced by supervisory personnel, the transporting officers shall
be responsible for the security of the arrestee/prisoner at the medical facility.
The Decatur County Sheriff’s Department Jail reserves the right to refuse
arrestees/prisoners for the following circumstances:
1)
Registers over .28g BAC on the intoxilyzer
2)
Signs of assault or injury
3)
Excessive vomiting
4)
Supervisor discretion
Note: No person will be admitted after suicide attempt until they have been
treated and released by a physician.
E.
When arrestees/prisoners register over .28g BAC on the intoxilyzer the arresting
officer shall have the following options:
1)
Release custody of the arrestee/prisoner to a competent adult/family
member. If no competent adult/family member is available then the officers
shall;
2)
Supervise the arrestees/prisoners until such time that the
arrestees/prisoners registers below .28g BAC on the intoxilyzer and can be
accepted by the jail.
F.
The arresting officer is responsible for the safety and protection of the arrested
person while in his/her custody.
G.
The officer shall note on the arrest/booking report and incident report any injury,
apparent illness, or other condition which indicates that the arrested person may
need special care.
TOWING OF VEHICLES UPON ARREST
A.
Upon the arrest of a driver, his/her vehicle should be released to a towing service
(of the driver's choice) or a properly qualified and physically capable person (of the
driver's choice) who agrees to operate and secure the vehicle.
NOTE: The officer must make a reasonable attempt to locate a towing
service or competent private person of the driver's choice before
Section B Chapter 1
Arrests
Page 11
impounding the vehicle. State v. Ludvicek, 147 Ga. App. 784.
B.
Unless otherwise released by the arresting officer, impounded vehicles will be
towed to the towing company’s lot for all arrests when:
1.
The operator is physically or mentally incapable of operating the vehicle;
2.
The vehicle's condition would not permit it to be operated without being in
violation of City ordinances or state law; or
3.
The driver or owner of a vehicle is arrested and has parked the vehicle on
another party's private property without authority or in any other place
where the vehicle should not be left (e.g., emergency lane of interstate). In
this case, the arresting officer may remove said vehicle for impoundment
and safekeeping.
NOTE: If there is independent probable cause to search an arrestees
vehicle (beyond the normal search of the passenger compartment
incident to arrest) and such a search cannot be safely done at the
scene, the vehicle may be impounded and its contents inventoried.
REPORTING / FOLLOW-UP
A.
An officer who arrests a suspect for a criminal offense shall set forth the details
and circumstances justifying the arrest in his/her incident report.
B.
In circumstances when a crime suspect is identified and arrested at the crime
scene, he/she may be turned over to an investigator present at the scene for
booking in accordance with procedures.
C.
An officer shall obtain a reference number from the 911 Communications Center
for the incident report.
D.
An officer shall advise the arrested person of his/her rights (under the Miranda
Warning) before asking any questions other than routine booking inquiries.
E.
Any officer, including a patrol supervisor, may consult with a Criminal Investigation
Division supervisor any time he/she believe such a consultation will assist him/her
in evaluating the circumstances of an arrest and determining if the arrest should be
made.
F.
Misdemeanor offenses subject to citation release will be at the officer's discretion
as to whether to incarcerate the person or issue a copy of charges. Booking and
reporting procedures will be the same as for traffic arrests. If an arrest warrant is
Section B Chapter 1
Arrests
Page 12
issued, it will be presented to jail staff.
Section B Chapter 1
Arrests
Page 13
B1-2 PROCESSING OF JUVENILE OFFENDERS
INTRODUCTION
When a crime is committed by a child 16 years of age or younger and juvenile
investigations are initiated by a law enforcement agency, officers shall conduct all phases
of the investigation including bringing the case to the Juvenile Court for adjudication and
disposition. Juvenile Courts in Georgia have exclusive original jurisdiction over juvenile
matters and shall be the sole court for initiating action, except in cases where a life
sentence may be imposed. When a life sentence may be imposed, the superior court has
concurrent jurisdiction. For the offenses of murder, voluntary manslaughter, rape,
aggravated sodomy, aggravated child molestation, aggravated sexual battery, and armed
robbery with a firearm, the superior court has exclusive jurisdiction.
NOTE: Definitions as defined by OCGA 15-11-2, the Juvenile Proceedings, Parental
Rights Code. All procedures for handling children accused of delinquent and
unruly behavior are set out in OCGA 15-11-1 through 15-11-117.
A.
CHILD - Any individual who is under the age of 17 years who is alleged to have
committed a delinquent or unruly act; or under the age of 18 years, if alleged to be
a "deprived child".
B.
DELINQUENT ACT - An act designated a crime by the laws of this state, or by the
laws of another state if the act occurred in that state, under federal laws, or by local
ordinance, and the crime is not a juvenile traffic offense as defined in OCGA 1511-49.
C.
UNRULY ACT - An offense that is only applicable to a child (e.g., truancy; curfew
violation; runaway; ungovernable; or patronization of any bar where alcoholic
beverages are sold). (Allegations of truancy cannot be brought after a child has
reached the age of 16).
D.
DEPRIVED CHILD - Means a child (under 18) who is without proper parental care
or control, subsistence, education as required by law, or other care or control
necessary for his physical, mental, or emotional health or morals; has been placed
for care or adoption in violation of law; has been abandoned by his parents or legal
custodian; or is without a parent, guardian, or custodian.
1.
Copy of Charges
a.
Police officers may issue a copy of charges in lieu of taking the
Section B Chapter 1
Arrests
Page 14
child into custody. In most situations involving juveniles when a
parent or legal guardian is available to take charge of the child, the
interest of the juvenile is best served by releasing the juvenile to the
parent or guardian. Major felonies and situations involving violence
will require taking the child into custody.
2.
b.
The defendant's copy of the charges shall be given to the parent or
legal guardian. The officer will explain in detail the charges
involved, and advise the child and parent/legal guardian that he/she
will be notified by juvenile authorities as to the court date or other
related actions. Prior to release, the officer should first contact the
juvenile authorities to ascertain if a pick-up order is outstanding.
c.
When an officer charges a juvenile with an offense for which
charges are brought without taking custody of the juvenile, it shall
be the arresting officer's responsibility to furnish the juvenile
authorities (or juvenile officer) with a copy of the incident report and
the juvenile complaint form along with the court copy of the citation.
Juvenile Traffic Procedure - DUI
a.
A juvenile who is arrested for DUI, who is sixteen years of age, and
possesses a Georgia Driver's License, is subject to the Georgia
Implied Consent Law, and will be given the same rights as an adult.
b.
After the test is completed, the arresting officer will follow standard
procedures for the processing of juveniles.
c.
A juvenile without a valid driver's license who is arrested for DUI,
regardless of age, is not subject to the Georgia Implied Consent
Law and cannot be given a blood or breath test without obtaining
permission from the parent(s) or legal guardian.
NOTE: All sixteen year old traffic offenders shall be tried in juvenile
court for violations under the OCGA Chapter 6 -Uniform Rules of the
Road, 40-6-1 through 40-6-395. The sixteen year old is issued a Copy
of Charges (traffic citation) and the original court copies are
forwarded onto the juvenile court.
d.
Juvenile traffic offenses, OCGA 15-11-49; apply to those individuals
under the age of 16 and the arresting officer will follow standard
procedures for the processing of juveniles.
e.
Exceptions: Those violations which include any offense under
Section B Chapter 1
Arrests
Page 15
OCGA 40-5-54 or 40-5-70. Any offense under these Codes is an
act of delinquency.
3.
Physical Detention (The taking of a child into custody is not an arrest,
except for determining its validity under the law.)
a.
b.
A child may be taken into custody:
1)
Pursuant to an order of the court;
2)
Pursuant to the laws of arrest;
3)
If there are reasonable grounds to believe that child is
suffering from illness or injury or is in immediate danger
from his surroundings and that his removal is necessary (a
deprived child);
4)
If there are reasonable grounds to believe that the child has
committed a delinquent act or to believe he is an unruly
child; or
5)
If there are reasonable grounds to believe that the child has
run away from his parent(s), guardian or other custodian.
Procedures on Taking Child into Custody - OCGA 15-11-19: An
officer taking a child into custody, with all reasonable speed and
without first taking the child elsewhere shall:
1)
Deliver the child to a medical facility, if the child is believed
to suffer from a serious physical condition or illness which
requires prompt treatment;
2)
Notify such child’s parent(s) or guardian(s);
3)
Promptly contact a juvenile court intake officer who will
determine if the juvenile will be detained or released;
4)
Release without bond the child to his/her parent(s),
guardian, or other custodian upon their promise to bring the
child before the court when required;
5)
When directed by the Juvenile Court transport the child to
the jail facility where the child will be entered into the jail
through the juvenile or administrative entrance of the jail.
Section B Chapter 1
Arrests
Page 16
c.
d.
Procedures Involving Capital Felonies
1)
An officer taking into custody a juvenile (13) years of age or
older who is suspected of a capital felony, shall immediately
take the child into custody and transport the child to the jail’s
juvenile detention facility.
2)
The officer shall immediately notify the CID supervisor who
will notify the intake officer and the district attorney.
3)
The district attorney will be the final authority concerning
charges brought against a child in capital felony cases.
Questioning the Juvenile Offender - When juveniles are questioned,
a custodial parent, guardian, or attorney should be present and
participating. Both the parent and child must understand and
knowingly waive the juvenile's Miranda Rights. This procedure
should be followed regardless of the juvenile's age, the charge, or
whether or not he is in custody.
Section B Chapter 1
Arrests
Page 17
B1-3 CONFESSIONS AND INTERROGATIONS
INTRODUCTION
To many authorities interrogation is the most important part of an arrest/investigation since
it offers the possibility of determining, by the statement of the suspects themselves,
whether they committed a particular crime. The techniques to be utilized to interrogate
suspects are outside the scope of this S.O.P. The purpose of these procedures is to
ensure that confessions are obtained voluntarily. This will allow such statements to be
used at trial. Any involuntary statement, regardless of whether it is true or false, is nonadmissible in court.
A.
Voluntariness - No attempt will be made to obtain a statement by force, threats, or
promises. Whether an accused person or a suspect will cooperate is left entirely
up to that individual. If he indicates at any time prior to or during questioning that
he wishes to remain silent, or that he wants an attorney present, all interrogation
must cease. Any confession induced by the officer "by the slightest hope of benefit
or remotest fear of injury" will not be admissible in court OCGA 24-3-50.
B.
Determination Thereof - The court uses two general standards in determining
voluntariness. These standards are "inherently coercive" or not the result of "free
and unconstrained choice." Failure to pass either of these standards renders a
statement inadmissible.
1.
2.
Elements of an Inherent Coercion include, but are not limited to:
a.
Physical abuse, or the threat of such abuse;
b.
Extended periods of interrogation without break or access to the
outside;
c.
Unwillingness to permit the accused access to an attorney, family or
friends, especially when an individual has made some effort to
make contact with such persons;
d.
Severe physical conditions under which the accused is interrogated.
A statement may be ruled inadmissible under the Free and Unconstrained
Choice Doctrine when the interrogation practices used overpower the
accused's ability to act in a self-determined matter. Circumstances and
actions which may violate this doctrine include, but are not limited to:
Section B Chapter 1
Arrests
Page 18
a.
Failure to notify the accused of the charge(s);
b.
Age, intelligence, experience of the accused;
c.
Physical condition of the accused;
d.
Overt force, physical abuse, use of weapons, number of officers
present;
e.
Threats and psychological pressure;
f.
Deprivations of food, sleep, medication;
g.
Isolation, incommunicado interrogations;
h.
Duration of questioning;
i.
Use of trickery, ruse, or deception;
j.
Failure to advise the accused of his rights;
k.
Promises of leniency or other inducements;
It must be noted that the presence of any one or more of these
factors will not necessarily make a statement involuntary. Rather
the Court will examine the "totality of circumstances" at the time the
statement was obtained.
C.
Miranda Warnings and Waiver
1.
The language for the proper warning of rights and waiver contained on the
Agency's Waiver of Rights Form is as follows:
a.
Warning
1)
That I have the right to remain silent and not make any
statements at all, nor incriminate myself in any manner
whatsoever.
2)
That anything I say can and will be used against me in a
court or courts of law for the offense or offenses concerning
which this statement is herein made.
3)
That I have the right to talk to a lawyer and have him
Section B Chapter 1
Arrests
Page 19
present with me while I am being questioned.
b.
4)
That if I am unable to hire a lawyer I can request and
receive appointment of a lawyer by the proper authority,
without cost or charge to me, to be present and advise me
before and during this statement.
5)
That I can decide at any time to exercise these rights and
not answer any questions or make any statements.
Waiver
1)
I understand each of the above rights that have been
explained to me.
2)
Having the rights in mind, I wish to waive these rights and
talk voluntary of my own free will and accord.
2.
Before a statement can be admitted into evidence, the State must prove
that the suspect fully understood the warning and freely decided to answer
questions. A suspect who remains silent after receiving warnings has not
agreed to be questioned. When possible, a signed waiver shall be
obtained.
3.
Request for a Lawyer by an Accused
a.
If, at any point, the accused request to speak with an attorney, all
questioning must cease. Questioning by police officers related to
the offense(s) may not be resumed unless the accused initiates the
questioning by requesting to speak with the officer. The officer
must fully document any offer by the accused to speak with officers
after invoking the right to counsel. Only routine, administrative
questions not related to the offense(s) may be asked after the
accused has invoked his/her right to counsel.
b.
If the accused says anything that suggests or implies that the
accused wants to speak to a lawyer, questioning concerning the
offense must cease. The officer may ask the suspect only
questions that will determine whether or not the accused is invoking
the right to counsel. Only if the accused states clearly and
unequivocally that he/she does not want a lawyer, may questioning
continue. Documentation of this is vital. The following are
examples of equivocal requests for a lawyer:
Section B Chapter 1
Arrests
Page 20
Accused:
Accused:
Accused:
"I guess I'm going to see a lawyer sometime."
"When do you think I'll get to see a lawyer?"
"My wife informed me to go and get a lawyer."
Officer Response:
"Do you want a lawyer now?"
Only if the accused's answer clearly indicates that he/she does not
want a lawyer will questioning concerning the crimes continue.
C.
Identification of Investigator - In addition to being given the Miranda
Warnings, the accused shall be advised of the names and official
identity of the interrogating investigator(s) and the nature of the
inquiry.
D.
Interpreters - When there is doubt of a person's ability to use and
understand the English language, and an officer is not qualified in
the principle language of the person, the officer will contact his/her
supervisor for assistance. The supervisor will be responsible for
obtaining a qualified interpreter. Any confession made without an
interpreter may result in the statement being rendered inadmissible
in court. This policy shall also apply to those persons who are
hearing impaired.
NOTE: For hearing impaired assistance, contact the
Department of Human Resources, Georgia Interpreting
Services Network at 1-800-228-4992 or 404-657-5932
E.
Documentation of Statement by Accused
1.
Whenever possible, any statement made by the accused
should be recorded on either audio or video tape. The
recording should include the accused's waiver of rights at
both the beginning and end of the tape. A transcript of all
recorded statements will be made and included in the case
file.
2.
If is not possible to record the accused's statement, the
officer must fully document the content of the statement.
3.
Whenever possible, the accused should be asked to sign
any written statement in which a confession or admission of
guilt is contained.
4.
Georgia law requires that the State furnish the defendant
Section B Chapter 1
Arrests
Page 21
with a copy of any statement made while in custody. Failure
to provide the defendant or his/her attorney with a copy of
the statement renders the statement inadmissible.
NOTE: No later than 10 days prior to trial, the State is
required to disclose to the defendant, or his/her
defense counsel, and make available for copying any
relevant written or oral statement made by the
defendant to a person who the defendant knew to be a
law enforcement officer, whether before or after the
arrest. This includes those portions of written reports
that contain the substance of relevant oral statement
made by the defendant. OCGA 17-16-4(a). Failure to
disclose a defendant's statement can result in the court
imposing sanctions, including barring the use of the
statement at trial or taking direct action against the
officer(s) involved or the Agency. OCGA 17-16-6.
F.
Questioning about Similar Crimes - When interviewing subjects and
suspects, consideration should be given to including questions as to
any knowledge they may have of unresolved cases of a similar
type.
NOTE: The failure to take a defendant before a magistrate or
judge for a first appearance hearing within a reasonable time
period could result in the criminal charge(s) being dismissed.
Section B Chapter 1
Arrests
Page 22
B1-4 PREVENTION OF BLOODBORNE DISEASES
INTRODUCTION
It is the purpose of this policy to provide officers with guidelines for preventing the
contraction of the AIDS virus, hepatitis B and other blood borne pathogens.
It is the responsibility of the Agency to take all reasonable measures to allow its members
to perform their duties in a safe and effective manner. The safe performance of daily
operations is threatened by the AIDS and hepatitis B viruses that can be contracted
through exposure to infected blood and several types of bodily secretions. Therefore, it is
the policy of this agency to continuously provide employees with information and education
on prevention of these diseases provide up-to-date safety equipment and procedures that
will minimize their risks of exposure and to institute post-exposure reporting, evaluation
and treatment for all members exposed to these diseases.
DEFINITIONS:
A.
BODILY FLUIDS: Blood, semen and vaginal fluids or other secretions that might
contain these fluids such as saliva, vomit, urine or feces.
B.
PERSONAL PROTECTIVE EQUIPMENT: Specialized clothing or equipment worn
by members for protection against the hazards of infection. This does not include
standard issue uniforms and work clothes without special protective qualities.
C.
UNIVERSAL PRECAUTIONS: Procedures promulgated by the Centers for
Disease Control (CDC) that emphasizes precautions based on the assumption that
all blood and bodily fluids are potentially infectious of the AIDS (HIV) and hepatitis
B (HBV) viruses.
PROCEDURES
A.
General Disease Prevention Guidelines
1.
The Agency's exposure control plan shall provide the overall strategy for
limiting exposure to HIV viruses and responding to potential exposure
incidents. The plan is available for review by all members through request
of their immediate supervisor.
2.
The Agency subscribers to the principles and practices for prevention of
HIV and HBV exposure as detailed in the "universal precautions"
prescribed by the CDC and the federal regulations of the Occupational
Section B Chapter 1
Arrests
Page 23
Safety and Health Administration. Where otherwise not detailed in this
policy, officers shall be guided by these practices and procedures.
B.
Workplace Controls and Personal Protective Equipment
1.
In order to minimize potential exposure, officers should assume that all
persons are potential carriers of HIV or HBV.
2.
When appropriate protective equipment is available, no member shall
refuse to arrest or otherwise physically handle any person who may carry
the HIV or HBV virus.
3.
Members shall use protective gear under all appropriate circumstances
unless the member can demonstrate that in a specific instance, its use
would have prevented the effective delivery of health care or public safety
services or would have imposed an increased hazard to his safety or the
safety of another co-worker.
All such instances shall be reported by the member and shall be
investigated and appropriately documented to determine if changes could
be instituted to prevent similar occurrences in the future.
4.
Disposable gloves shall be worn when handling any persons, clothing or
equipment with bodily fluids on them.
5.
Masks in combination with eye protection devices, such as goggles or
glasses with solid side shields or chin-length face shields, shall be worn
whenever splashes, spray, spatter or droplets of potentially infectious
materials may be generated and eye, nose or mouth contamination can be
reasonably anticipated.
6.
Gowns, aprons, lab coats, clinic jackets or other outer garments shall be
worn as determined by the degree of exposure anticipated.
7.
Plastic mouthpieces or other authorized barrier/resuscitation devices shall
be used whenever an officer performs CPR or mouth-to-mouth
resuscitation.
8.
All sharp instruments such as knives, scalpels and needles shall be
handled with extraordinary care and should be considered contaminated
items.
a.
Leather gloves or their protective equivalent shall be worn when
searching persons or places or dealing in environments, such as
Section B Chapter 1
Arrests
Page 24
accident scenes, where sharp objects and bodily fluids may be
encountered.
C.
b.
Searches of automobiles or other places should be conducted
using a flashlight, mirror or other devices where appropriate.
Subsequent to a cautious frisk of outer garments, suspects should
be required to empty their pockets or purses and to remove all
sharp objects from their person.
c.
Needles shall not be recapped, bent, broken, removed from a
disposable syringe or otherwise manipulated by hand.
d.
Needles shall be placed in Agency provided, puncture-resistant,
leak proof containers that are marked as biohazardous when being
collected for evidence, disposal or transportation purposes.
9.
Officers shall not smoke, eat, drink or apply makeup around bodily fluid
spills.
10.
Any evidence contaminated with bodily fluids shall be completely dried,
double bagged and marked to identify potential or known communicable
disease contamination.
Custody and Transportation of Prisoners
1.
Officers shall not put their fingers in or near any person's mouth.
2.
Individuals with bodily fluids on their persons shall be transported in
separate vehicles from other persons. The individual may be required to
wear a suitable protective covering if he is bleeding or otherwise emitting
bodily fluids.
3.
Officers have an obligation to notify relevant support personnel during a
transfer of custody when the suspect has bodily fluids present on his
person, or has stated that he has a communicable disease.
4.
Suspects taken into custody with bodily fluids on their persons shall be
directly placed in the designated holding area for processing. The holding
area shall be posted with an "Isolation Area -- Do Not Enter" sign.
5.
Officers shall document on the appropriate arrest or incident form when a
suspect taken into custody has bodily fluids on his person, or has stated
that he has a communicable disease.
Section B Chapter 1
Arrests
Page 25
D.
Housekeeping
1.
Supervisors and their employees are responsible for the maintenance of a
clean and sanitary workplace and shall conduct periodic inspections to
ensure that these conditions are maintained.
2.
All supervisory personnel shall determine and implement written schedules
as appropriate for cleaning and decontamination based on the location
within the facility or work environment, the type of surface or equipment to
be cleaned, the type of soil present and the tasks and procedures to be
performed in the area.
3.
All equipment and environmental and work surfaces must be cleaned and
decontaminated after contact with blood and other potentially infectious
materials as provided in this policy.
4.
Any protective coverings used in laboratory, evidence custody or
enforcement operations for covering surfaces or equipment shall be
removed or replaced as soon as possible following actual or possible
contamination.
5.
Bins, pails and similar receptacles used to hold actual or potentially
contaminated items shall be labeled as biohazardous, decontaminated as
soon as feasible following contamination as well as inspected and
decontaminated on a regularly scheduled basis.
6.
Broken and potentially contaminated glassware, needles or other sharp
instruments shall not be retrieved by hand but by other mechanical means
and shall not be stored in a manner that requires that they be retrieved
manually.
7.
Officers shall remove clothing that has been contaminated with bodily fluids
as soon as practical and with as little handling as possible. Any contacted
skin area shall be cleansed in the prescribed fashion.
8.
Contaminated laundry and personal protective equipment shall be bagged
or containerized at the location where it is used in Agency approved leak
proof containers but shall not be sorted, rinsed or cleaned at that location.
9.
Agency personnel working within this Agency's crime laboratory shall
adhere to policy and procedures contained herein but shall refer to and
also adhere to special safety procedures established for the laboratory
workplace.
Section B Chapter 1
Arrests
Page 26
10.
E.
Only employees specifically designated by the Chief Executive Officer shall
discard actual or potentially contaminated waste materials. All such
disposal shall conform to established federal, state and local regulations.
Disinfection
1.
2.
Any unprotected skin surfaces that come into contact with bodily fluids shall
be thoroughly washed as soon as possible with hot running water and soap
for at least 15 seconds before rinsing and drying.
a.
Alcohol or antiseptic may be used where soap and water are
unavailable.
b.
Disposable gloves should be rinsed before removal and hands and
forearms should then be washed.
c.
Skin surfaces shall be washed and mucous membranes flushed as
soon as feasible following the removal of any personal protective
equipment.
d.
Hand lotion should be applied after disinfection to prevent chapping
and to seal cracks and cuts on the skin.
e.
All open cuts and abrasions shall be covered with waterproof
bandages before reporting to duty.
Disinfection procedures shall be initiated whenever a person with bodily
fluids on his person is transported in a Agency vehicle.
a.
A supervisor shall be notified and the vehicle taken to the service
center as soon as possible.
b.
Affected vehicles shall be immediately designated with the posting
of an "Infectious Disease Contamination" sign upon arrival at the
service center and while awaiting disinfection.
c.
Service personnel shall remove any excess bodily fluids from the
vehicle with an absorbent cloth, paying special attention to any
cracks, crevices or seams that may be holding fluids.
d.
The affected areas should be disinfected using hot water and
detergent or alcohol and allowed to air dry.
e.
All police vehicles taken to a service center for scheduled washing
Section B Chapter 1
Arrests
Page 27
and routine maintenance shall, as part of that routine, be cleaned in
the interior with an approve disinfectant.
3.
F.
Non disposable equipment and areas upon which bodily fluids have been
spilled shall be disinfected as follows:
a.
Any excess bodily fluids should first be wiped up with approved
disposable absorbent materials.
b.
A freshly prepared solution of one part bleach to 10 parts water or a
fungicidal/mycobactericidal disinfectant shall be used to clean the
area or equipment.
Supplies
1.
2.
Supervisors are responsible for continuously maintaining an adequate
supply of disease control supplies in a convenient location for all affected
personnel in their unit. This includes, but is not limited to, ensuring that:
a.
Personal protective equipment in appropriate sizes, quantities and
location are available;
b.
Hypoallergenic gloves and other materials are available for those
who are allergic to materials normally provided, and cleaning,
laundering and disposal, as well as repair or replacement of these
and other items is provided; and
c.
First aid supplies and disinfecting materials are readily available at
all times.
All Agency vehicles shall be continuously stocked with the following
communicable disease control supplies.
a.
Personal protective equipment in appropriate size and quantity for
affected personnel to include face and eye protective devices,
coveralls, disposable gloves and booties, leather gloves, punctureresistant and leak proof containers for needles and other sharp
objects, barrier resuscitation equipment and leak proof plastic bags.
b.
Liquid germicidal cleaner.
c.
Disposable towel (70 percent isopropyl alcohol).
d.
Waterproof bandages.
Section B Chapter 1
Arrests
Page 28
G.
e.
Absorbent cleaning materials.
f.
"Isolation Area -- Do Not Enter" signs.
3.
Officers using supplies stored in their vehicles are responsible for ensuring
that they are replaced as soon as possible.
4.
Officers are required to keep disposable gloves in their possession while on
either motor or foot patrol.
Vaccination, Exposure, Evaluation and Treatment
1.
All members of this Agency who have been determined to be at risk for
occupational exposure to the hepatitis B virus shall be provided with the
opportunity to take the HBV vaccination series at no cost within 10 working
days of assignment to an occupationally exposed duty. The vaccination
shall be provided if desired only after the member has received required
Agency training, has not previously received the vaccination series and
only if not contraindicated for medical reasons.
2.
Any person who has unprotected physical contact with blood or other bodily
fluids of another person while in the line of duty shall be considered to have
been potentially exposed to HBV and/or HIV.
3.
In cases of exposure, a supervisor shall be contacted who shall complete
appropriate duty injury and medical forms and shall take appropriate steps
to document the means and circumstances under which the exposure
occurred.
4.
Immediately after exposure, the officer shall proceed to the designated
health care facility for tests of evidence of infection and treatment of any
injuries.
a.
The Agency shall ensure continued testing of the member for
evidence of infection and provide psychological counseling as
determined necessary by the health care official.
b.
The members shall receive a copy of the health care provider's
written opinion within 15 days of the evaluation and information on
any conditions resulting from the exposure that require further
evaluation or treatment.
Section B Chapter 1
Arrests
Page 29
c.
5.
6.
7.
H.
Unless disclosure to an appropriate Agency official is authorized by
the officer or by the state law, officer's medical evaluation, test
results and any follow-up procedures shall remain confidential.
Any person responsible for potentially exposing a member of the Agency to
a communicable disease shall be encouraged to undergo testing to
determine if the person has a communicable disease.
a.
The person shall be provided with a copy of the test results and a
copy shall be provided to the exposed Agency member. The
member shall be informed of applicable state laws and regulations
concerning the disclosure of the identity and infectious status of the
source individual.
b.
Criminal charges may be sought against any person who
intentionally exposes a member of the Agency to a communicable
disease.
Officers who test positive for HIV or HBV may continue working as long as
they maintain acceptable work performance and do not pose a safety and
health threat to themselves, the public or other members of the Agency.
a.
The Agency shall make all decisions concerning the employee's
work status solely on the medical opinions and advice of the
Agency's health care officials.
b.
The Agency may require an employee to be examined by the
Agency care officials to determine if he/she is able to perform
his/her duties without hazard to him/her self or others.
All members of the Agency shall treat employees who have contracted a
communicable disease fairly, courteously and with dignity.
Record Keeping
1.
The Agency's personnel function shall maintain an accurate record for each
employee with occupational exposure that includes information on
vaccination status; the results of all examinations, tests and follow-up
procedures; the health care professional's written opinion; and any other
germane information provided by the health care professional.
2.
These health care records shall be retained in a secured area with limited
access for the duration of the member's employment plus years and may
not be disclosed or reported without the express written consent of the
Section B Chapter 1
Arrests
Page 30
member.
I.
Training
1.
The Agency's training coordinator shall ensure that all members of the
Agency with occupational exposure are provided with a complete course of
instruction on prevention of bloodborne diseases prior to their initial
assignment.
2.
All affected employees shall receive annual refresher training and
additional training whenever job tasks or procedures are modified in a
manner that may alter their risk of exposure.
3.
All trainees shall have access to applicable federal and state regulations
pertaining to the regulation of bloodborne pathogens.
4.
The training coordinator shall ensure that complete records are maintained
on member training to include information on the dates and content of
training sessions, names and qualifications of persons conducting the
training and the names and job titles of all persons attending the training
sessions. These records shall be maintained for a period of three years
from the date of training.
Section B Chapter 1
Arrests
Page 31
B1-5 DIPLOMATIC AND CONSULAR IMMUNITY
REQUESTS FOR ASYLUM / DEFECTION
ISSUED 11/27/2006 EFFECTIVE IMMEDITAELY
INTRODUCTION
Federal and state laws provide that under certain circumstances, individuals may be
immune from arrest. With the limited exception of certain diplomatic officials, immunity
from arrest does not preclude prosecution of the individual for the offense for which
1
immunity from arrest is claimed. In all cases in which immunity is claimed, an officer has
the right to detain the person long enough to verify that the person is entitled to the
2
immunity claimed. This can usually be done by examination of official identification cards.
The officer may also request that the dispatcher contact the appropriate government
agency to verify the individual's status.3
In all cases in which a person asserts immunity from arrest, the detaining officer will
4
immediately notify his or her immediate supervisor.
Under no circumstances will an officer permit a person who is entitled to immunity from
arrest to continue to operate a motor vehicle or boat if the officer has probable cause to
believe that the person is under the influence of alcohol or drugs.5
A.
Diplomatic and Consular Immunity
Under Federal law, diplomatic and consular officers, members of their official staff,
officials of international organizations such as the United Nations and family
members of such officers will be accorded their respective privileges, rights and
6
immunities as provided by the Treaties and laws of the United States.
1
E.g. Agan v. State, 203 Ga. App. 363 (1992); see also Sanders v. City of Columbus, 140 Ga. App. 441 (1976). The fact that one is employed by a foreign
government's diplomatic service does not automatically confer immunity from arrest or prosecution on that individual - they must be granted diplomatic or consular
status by the receiving national government. United States v. Kostadinov, 734 F. 2d 905, 910 (2d Cir. 1984); 23 U.S.T. 3227; 22 U.S.C. § 254 et seq.
2
Verification of status from the U.S. State Department is the only method which will confirm that the individual claiming diplomatic or consular immunity is
actually entitled to the immunity claimed. See e.g. Hale v. State, 214 Ga. App. 899 (1994) (defendant identified himself as a Swiss diplomat).
3
Under international law, detention of an individual while awaiting verification of their claim of diplomatic immunity, does not constitute an arrest. U.S.
Department of State, GUIDANCE FOR LAW ENFORCEMENT OFFICERS, PERSONAL RIGHTS AND IMMUNITIES OF FOREIGN DIPLOMATIC AND CONSULAR PERSONNEL, 15
(1988) (HEREAFTER CITED AS "STATE DEPT. GUIDANCE").
4
Requiring a patrol officer or investigator to resolve issues of immunity at the point of a detention is fraught with risks as it requires a dispassionate
evaluation of all of the facts and the authority needed to insure that proper verification procedures are followed.
5
State Dept. Guidance, p. 3, 15 - 16.
6
Vienna Convention on Diplomatic Relations, 23 U.S.T. 3227; Vienna Convention on Consular Relations, 21 U.S.T. 77; Convention on Privileges and
Immunities of the United Nations, 21 U.S.T. 1418; The Diplomatic Relations Act, 22 U.S.C. § 254a - 258a; International Organizations Immunities Act, 22 U.S.C. §
288, et seq. Treaties between the United States and other nations are not codified as part of the United States Code but are published in a separate publication,
Section B Chapter 1
Arrests
Page 32
1.
All officers will treat these officials with the utmost courtesy and respect that befits
their distinguished position if, for no other reason, that the treatment which foreign
diplomatic and consular officials receive from this Department can directly affect
7
how U.S. diplomatic and consular officials are treated in the foreign country.
2.
It is a well established principle of international law that persons enjoying such
privileges and immunities are to respect local laws and regulations. Any incident
involving persons claiming diplomatic or consular immunity or a family member of a
diplomatic or consular official will be reported immediately through the chain of
command. It is the policy of this Department to report all such incident to the U.S.
8
Department of State for such diplomatic action as may be appropriate.
3.
Because diplomatic and consular immunity may be waived or withdrawn by the
foreign government, it can never be ascertained with certainty at the investigative
stage that a person asserting immunity will continue to enjoy that immunity when
his or her government is confronted with allegations of criminal conduct or that the
9
accused will not later become subject to prosecution. Therefore, all serious
incidents, (i.e., felonies, DUI's and misdemeanors involving death or serious bodily
harm) involving persons with diplomatic or consular immunity will be referred to the
District Attorney for prosecution.
4.
Where, however, a person entitled to diplomatic or consular immunity presents a
clear, present and actual danger to him or herself or others or it is apparent that a
serious crime may be committed, a law enforcement officer may take such
reasonable actions necessary to protect public safety and the person entitled to
immunity or to halt the illegal activity. This naturally includes the power to defend
10
yourself from personal harm. In all such cases a supervisor must be called and
the United States Department of State contacted immediately. (See E. Procedures
on page 8-33.)
B.
Diplomatic Immunity
1.
Under Federal law, heads of a mission (usually called the Embassy) of a foreign
government to the United States and the United Nations Headquarters in New
UNITED STATES TREATIES AND OTHER INTERNATIONAL AGREEMENTS (U.S.T.). NONETHELESS, THESE TREATIES ARE PART OF FEDERAL LAW AND ARE BINDING ON THE
STATES. U.S. CONSTITUTION, ART. VI, § 2; B ALDWIN V. FRANKS, 120 U.S. 678, 7 S.CT. 656, 30 L.ED. 766 (1887); CAMP V. SELLERS & CO., 158 GA. APP. 646, 648 649 (1981).
7
State Dept. Guidance, 15.
8
State Dept. Guidance, p. 20.
9
State Dept. Guidance, 17; See also In re Grand Jury Proceedings, Doe No. 700, 817 F.2d 1108, 111 (4th Cir. 1987); United States v. Guinand, 688 F.
Supp. 774 (D.C. 1988).
10
Section B Chapter 1
Arrests
Page 33
York, members of the diplomatic, administrative and technical staff of the mission
and members of their family household are "not liable to any form of arrest or
11
detention." Generally, this does not extend to United States citizens who are
employed by an embassy.
2.
Persons entitled to diplomatic immunity are entitled, by law, to be treated with "due
respect" and "appropriate steps (must be taken) to prevent any attack on his
person, freedom, or dignity."12
3.
Under normal circumstances, this means that a person who establishes that he or
she is entitled to diplomatic immunity (see Verification of Status on page 8-36),
cannot be arrested or tried for any criminal offense unless such immunity is
expressly waived by the foreign government. As indicated above, immunity
13
continues only as long as the person is accredited as such to the United States.
C.
Consular Immunity
1.
In addition to members of their embassy staff, foreign governments may with the
approval of the United States, establish consular offices to provide consular
services to their foreign nationals in the United States and to represent them in
trade matters. Under Georgia Law, officials of the Atlanta office of the
Coordination Council for North American Affairs of the Republic of China (also
known as Taiwan) are entitled to the same protections and immunities as career
consuls.14
There are two types of consular officials, career consuls and honorary consuls.
a.
Career consuls are normally full time employees of the foreign
15
government.
b.
Honorary consuls may be a citizen of the foreign government who has
16
residency in the United States or a United States citizen.
2.
In the absence of a specific treaty, consular officials are not entitled to diplomatic
17
immunity, but they are entitled to consular immunity which is more limited than
18
diplomatic immunity.
11
23 U.S.T. 3227; 23 U.S.C. § 254a, et seq.
12
23 U.S.T. 3227.
13
State Dept. Guidance, 17; United States v. Kostadinov, 734 F.2d at 911 - 912.
14
O.C.G.A. § 50-1-2.
15
State Dept. Guidance, 7 - 8.
16
Id.
17
Hall v. Coppell, 7 Wall (74 U.S.) 542, 19 L.Ed. 244, 247 (1869).
18
Section B Chapter 1
Arrests
Page 34
3.
Career consular officers entitled to consular immunity
a.
b.
c.
4.
Included are consul-generals, deputy consul-generals, consuls, vice
consuls and consular agents who are official representatives of a foreign
government accredited to the United States.
"Consular officers shall not be liable to arrest or detention pending trial,
except in the case of a grave crime and pursuant to a decision by the
19
competent judicial authority." A "grave crime" is a felony offense that
20
endangers the public safety and a warrant is required.
Career consular officers are subject to criminal prosecution by the courts of
this State except for acts performed which are within the scope of consular
duties.21
Honorary consuls
Honorary consuls are not entitled to immunity from arrest or detention. They are
subject to the civil or criminal jurisdiction of the courts of this State unless they
22
were performing official acts in the exercise of their consular function.
5.
Family members
Family members of consular officers are not entitled to immunity but will be treated
with appropriate courtesy and respect. Incidents involving family members of
consular officials will be reported through channels the same as for consular
23
officials.
6.
Consulates and consular premises
a.
Consulates and consular premises are inviolable. This means that law
enforcement and other government officials cannot enter that portion of the
consular premises "which is used exclusively for the work of the consular
post except with the consent of the consular post, or his designee or the
24
head of the diplomatic mission of the sending state." Consulates are
19
21 U.S.T. 78.
20
State Dept. Guidance, 9; see also Gerritsen v. de la Madrid Hurtado, 819 F.2d 1511, 1517 (9th Cir. 1987).
21
21 U.S.T. 78; see People v. John Doe, 421 N.Y.S.2d 1015 (N.Y. 1979); State v. Killeen, 39 Or. App. 365, 592 P.2d 268(1979); Silva v. Superior Court, 52
Cal. App.3d 295, 281, 125 Cal. Rep. 78, 86 - 87 (1975).
22
Id. at 8; e.g. Agan v. State, 203 Ga. App. 363 (honorary consul convicted of bribery).
23
Id.
24
Vienna Convention on Consular Relations, Art. 31, ¶ 1.
Section B Chapter 1
Arrests
Page 35
required to be clearly marked. If, in the case of an honorary consul, the
consular premises are within a building or office used for other purposes,
only that portion of the structure which is clearly marked cannot be
25
entered.
25
Id., Art. 61.
Section B Chapter 1
Arrests
Page 36
b.
In the event of a fire or other emergency, the consent of head of the
consular post is assumed and officials may enter for the purpose of dealing
26
with the emergency. Any emergency entry into a consulate will be
immediately reported to this Agency's Chief Executive Officer, the District
Attorney and the U.S. State Department by telephone.
c.
Except in a actual emergency, the decision to enter a consulate for law
enforcement purposes, without the consent of the head of the consular
post will be made only by this Agency's Chief Executive Officer after
consultation with the District Attorney and the United States State
Department. The Agency will strictly abide by the guidance received from
the State Department.
d.
A violation of this section may result in the prosecution of the officer under
18 U.S.C. § 112.
D.
Diplomatic and Consular Pouches
1.
A diplomatic or consular pouch is a container (of any size) used to transport official
communications (including equipment needed for communication). It is required
27
to be clearly marked as such.
2.
A diplomatic or consular pouch will not be opened by any officer under any
circumstance. If an officer has probable cause to believe that a diplomatic or
consular pouch is being used in furtherance of crime, all of the facts will be report
to his or her supervisor who will contact the U.S. State Department Bureau of
Diplomatic Security.
E.
Procedures
1.
In all cases where a person who is known to be entitled to or asserts diplomatic or
consular immunity, the person will be treated with the courtesy and respect that
befits their distinguished position and a supervisor contacted immediately. It is
the duty of the supervisor to contact the United States State Department
28
immediately to verify the person's status and seek official guidance. (See
Verification of Status on page 8-36.)
2.
Career consular officials may only be arrested for a felony pursuant to a warrant
26
Vienna Convention on Consular Relations, Art. 31, ¶ 1.
27
Vienna Convention on Diplomatic Relations, Art. 27; Vienna Convention on Consular Relations, Art. 35.
28
Each department should consider establishing the minimum rank which the supervisor must have to make decisions regarding immunity. For example the
Atlanta Police Department requires that all incidents involving claims of immunity be handled by a major or higher ranking officer. Atlanta Police Department, F IELD
MANUAL, Ch. 6, p. 16.
Section B Chapter 1
Arrests
Page 37
29
issued by judge.
29
21 U.S.T. 78, Art. 41. T.I.A.S. 6820, at p. 27.
Section B Chapter 1
Arrests
Page 38
3.
Traffic violations
4.
a.
Under international law, the issuance of a traffic citation does not constitute
an arrest or detention. Therefore, the officer on the scene may, after
ascertaining that the official has the proper credentials (See 8. Verification
of Status on page 8-39), based on the nature of the offense issue a
warning or citation.30
b.
A copy of the citation along with a report of the incident will be forwarded
through the chain of command to the United States Department of State,
31
Washington D.C. 20520.
Traffic Accidents
a.
If a motor vehicle involved in an accident (1) was operated by a person
who has verified diplomatic or consular status or (2) bears diplomatic or
consular motor vehicle license plates issued by the United States
Department of State, a copy of the accident report, together with a copy of
any traffic citations issued to the person entitled to diplomatic or consular
status and the report of the incident will be forwarded through the chain of
command to:
OFM Diplomatic Motor Vehicle Office
3507 International Place, N.W.
Washington, D.C. 20008
b.
5.
Vehicles issued Department of State license plates are required to be
32
covered by liability insurance.
Driving Under the Influence and other Offenses Where the Safety of the Official or
Public is Involved
a.
The primary consideration in DUI cases and other more serious offenses is
to insure that the official is not a danger to their self or the public. At best
these are sensitive situations and the officer must treat the official with
33
respect and courtesy.
If it is necessary to restrain the official to prevent
him or her from harming themselves, or others (including the officer). (See
the procedures outlined in 6. Protection of Officials From Harm to
30
State Dept. Guidance, 16; see also, Leich, Contemporary Practice of the United States Relating to International Law, Motor Vehicles: Traffic Citations, 79
Amer. J. of Int'l L. 1044, 1048 - 1049 (1985).
31
Id.
32
22 U.S.C. § 254e (Supp. 1994).
33
Section B Chapter 1
Arrests
Page 39
Themselves or Others; Preventing Further Criminal Activity on page Error!
Bookmark not defined.Error! Bookmark not defined.-35.)
Section B Chapter 1
Arrests
Page 40
b.
If the supervisor determines that a diplomatic or consular official is a
danger to them self or others, the supervisor may direct that:
(1)
(2)
(3)
(4)
The official is taken to the station or another location where he/she
may recover sufficiently to drive safely;
The official is taken to a telephone to call someone to drive them
home;
A taxi is called for the official;
34
The official is taken home.
c.
In cases involving a motor vehicle or boat operated by a person asserting
diplomatic or consular immunity who the officer believes to be intoxicated,
the officer may ask the individual to perform field sobriety tests the same as
35
any other driver while awaiting verification of the status claimed.
d.
If the incident involves a person entitled to diplomatic immunity, the
supervisor will contact the United States Department of State, Office of
Protocol by telephone immediately and advise them of the situation. A full
written report will be submitted within 24 hours through channels to:
Office of Protocol
Department of State
Post Office Box 2976
e.
6.
For consular officials, a full report will be submitted, through channels, to
the United States Department of State, Office of Protocol.
Protection of Officials from Harm to Themselves or Others; Preventing Further
Criminal Activity
a.
If a person asserting or entitled to diplomatic or consular immunity presents
a clear, present and actual danger to him or herself, or others, an officer
may take such reasonable actions as may be necessary to protect public
safety and the person entitled to immunity or to prevent further illegal
activity.
b.
If it is necessary to physically restrain a diplomatic or consular official (i.e.
handcuff), the officer will, after taking appropriate action, explain to the
official why he or she is being restrained and that they will be released from
restraint as soon as they no longer are a danger to their self or others.
34
Id.
35
U.S. Dept. of State, "RECOMMENDED PROCEDURES FOR SERIOUS/ARRESTABLE TRAFFIC OFFENSES."
Section B Chapter 1
Arrests
Page 41
7.
c.
The responding supervisor will immediately contact the U.S. State
Department, in the event a diplomatic or consular official must be
restrained. (See 8. Verification of Status at the bottom of this page.) The
supervisor will also report the incident through the department chain of
command and notify the District Attorney.
d.
Use of excessive force or use of force where there was no clear, present
and actual danger to the person entitled to immunity or others may result in
36
the prosecution of the officer under Federal law.
Possession of Contraband
a.
If a person asserting diplomatic or consular immunity, is in possession of
contraband (i.e., controlled substances), the officer may seize the
contraband. (See D. Diplomatic and Consular Pouchers on page 8-33.)
b.
Any such seizure will be immediately reported to a supervisor. The
supervisor will contact the District Attorney and the United States
Department of State, Office of Protocol by telephone immediately and
advise them of the situation. A full written report will be submitted within 24
hours through channels to:
Office of Protocol
Department of State
Post Office Box 2976
8.
Verification of Status
a.
Persons claiming diplomatic or consular immunity are required to produce
satisfactory evidence of their official status.
(1)
The United States Department of State issues identification cards to
diplomatic officials, consular agents and officials of international
37
organizations accredited to the United States. On the back of these
cards is an explanation of the immunity to which the official is entitled
and telephone numbers which may be called to verify status.
(2)
Honorary consuls may be issued identification cards by the Georgia
Secretary of State.
36
18 U.S.C. § 112.
37
7 Digest of Int'l L., § 8, p. 108.
Section B Chapter 1
Arrests
Page 42
(3)
The United States Department of State issues motor vehicle
operator permits (
driver's licenses) to persons entitled to
diplomatic of consular immunity and functions similarly to the
38
Georgia Department of Public Safety with regard to these licenses.
Driver's licenses issued by the Department of State will not be relied
39
on as conclusive proof of the immunity of the bearer.
NOTE: U.S. State Department drivers licenses have a hologram over a
portion of the photograph. It will turn dark if tampered with.
(4)
The United States Department of State issues motor vehicle plates
(license tags) for vehicle operated by persons entitled to diplomatic
40
and consular immunity.
(a)
These tags are red white and blue in color. The status of the vehicle is
indicated by a letter code:
D=
diplomatic vehicle
S=
diplomatic staff vehicle
C=
consular vehicle
(b)
Information regarding the vehicle and registered owner is available through
NLET the same as out-of-state license plates. Use State code "US".
(c)
In addition, the Georgia Department of Revenue may issue consular
license plates for vehicles registered and operated in Georgia by career or
41
honorary consuls.
(d)
License plates issued by the Department of State or the State of Georgia
will not be relied on as conclusive proof of the immunity of the bearer but
only as an indication that the vehicle may be operated by someone entitled
42
to diplomatic or consular immunity.
(5)
In any situation in which an official asserting immunity cannot produce
satisfactory evidence thereof, or the officer wishes to confirm the status
claimed, the United States Department of State should be contacted:
38
22 U.S.C. § 254e; 22 C.F.R. § 151.9.
39
U.S. Dept. of State, "Recommended Procedures for Serious/Arrestable Traffic Offenses," p. 12.
40
22 U.S.C. § 2404.
41
O.C.G.A. § 40-2-64.
42
U.S. Dept. of State, "Recommended Procedures for Serious/Arrestable Traffic Offenses," p. 12.
Section B Chapter 1
Arrests
Page 43
F.
(a)
Regular Hours:
Diplomats & families: 202-647-4510
Diplomatic employees & families: 202-647-1405
Consular personnel & families: 202-647-1404
International Organizations: 202-647-1402
(b)
After hours: All: 202-647-7277
(6)
Verification of Department of State Drivers Licenses and motor vehicle
registrations made be obtained through NLET (State Code is "US") or by
calling:
Registrations:
202-895-3532
Driver Licenses:
202-895-3512
After hours:
202-647-7277
Official Guests of the United States
Official Guests of the United States are foreign nationals who are in the United
43
States and are so designated by the U.S. Secretary of State.
NOTE: Except at large events such as the Olympics, persons designated as
Official Guests of the United States may be accompanied by a
representative of the U.S. State Department.
1.
Official Guests can include:
a.
b.
c.
d.
e.
f.
g.
2.
Foreign government officials;
Olympic athletes, coaches and trainers;
Members of the International Olympic Committee accredited to the Games
Members of national Olympic committees accredited to the games;
Members of international sports federations accredited to the games;
Immediate family members of official guests; and
Foreign officials accredited to the games.
Official Guests do not have immunity but will be treated with courtesy and respect.
A superior officer should be contacted immediately for any incident involving an
Official Guest. The supervisor will, in turn, contact the District Attorney's office or,
in the case of misdemeanors, the Solicitor of State Court.
43
By law, only the United States Secretary of State may designate a foreign national as an "Official Guest of the United States", 18 U.S.C. § 1116(b)(2); 22
C.F.R. § 2.2, 2.4, although it is common practice for state and local governments and some private organizations to honor individuals by referring to them as
"official guests." However only foreign nationals who are formally designated by the U.S. Secretary of State as an Official Guest of the United States are covered
by 18 U.S.C. §§ 112, 878, 970 1116, 1117 and 1201.
Section B Chapter 1
Arrests
Page 44
3.
The superior officer will submit a report of any incident in which a person
designated as an Official Guest of the United States is involved (either as an
accused, victim or witness) through official channels to:
United States State Department
101 Marietta Street, N.W.
Suite 1010
Atlanta, Georgia 30303
404-331-3521 or 331-3522 or 331-3523
or contact 202-647-7277
4.
Verification of an individuals status as an Official Guest may be obtained from:
U.S. State Department 404-331-3521
After hours: 202-647-7277
G.
Diplomats, Consuls or Official Guests as Victims or Witnesses to a Crime
1.
If a diplomat, consul or official guest of the United States is a victim of a crime, the
officer will immediately contact a supervisor.
2.
It is the responsibility of the supervisor to immediately contact:
3.
(a)
In the case of diplomats and official guests44, the regional office of the
F.B.I. and the U.S. State Department command post by phone at 202-6630812. The F.B.I. has primary jurisdiction over offenses committed against
45
diplomats and official guests. The District Attorney should also be
contacted.
(b)
In the case of a consul, the District Attorney and the U.S. State
Department. If the consul is a career consul, the F.B.I. should also be
contacted.
If a diplomat, career consul or official guest is a witness to a crime, a supervisor will
be notified.
(a)
A person entitled to diplomatic or consular immunity may not be detained
as a witness but the officer should promptly obtain the witness's name and
a telephone number where the official may be contacted later.
(b)
The supervisor will notify the District Attorney in writing as soon as possible
44
18 U.S.C. § 112.
45
18 U.S.C. §§ 1116, 1117 and 1201.
Section B Chapter 1
Arrests
Page 45
that one of the witnesses is a diplomat, consul or official guest. Any
interviews with the witness will be coordinated through the District
Attorney's office.
Section B Chapter 1
Arrests
Page 46
4.
By law, diplomats and consuls can appear as a witness only with the prior consent
46
of their government.
H.
Arrests of Foreign Nationals
Citizens of other nations who reside in or are visiting Georgia are subject to
Georgia law. Except as indicated below, foreign nationals who are arrested will
be treated in the same manner as U.S. citizens.47
1.
If the foreign national who is arrested is in possession of a passport, visa, boarder
crossing card, resident alien card or alien registration card, the arresting officer
shall make a photostatic copy of the documents and attach them to the
48
arrest/booking report.
2.
By law, if a citizen of the following countries is arrested, the supervisor or his/her
designee will notify the nearest consulate or the embassy of the arrest and the
49
accused will be told that his or her embassy or consulate has been contacted.
Notification will be made at the time the accused is booked.
Albania, Antigua, Armenia, Azerbaijan, Bahamas, Barbados, Belarus, Belize,
Brunei, Bulgaria, Peoples Republic of China, Republic of (Taiwan), Costa Rica,
Cyprus, Czech Republic, Dominica, Fiji, The Gambia, Republic of Georgia,
Ghana Grenada, Guyana, Hungary, Jamaica, Kazakhstan, Kiribati, Kuwait,
Kyrgyzstan, Malaysia, Malta, Mauritius, Moldova, Mongolia, Nigeria, Philippines,
Poland, Romania, Russian Federation,St. Kitts/Nevis, St. Lucia, St.
Vincent/Grenadines, Seychelles, Sierra Leone, Singapore, Slovak Republic,
South Korea, Tajikistan, Tanzania, Tonga, Trinidad/Tobago, Turkmenistan,
Tuvalu, Ukraine, United Kingdom (including Anguilla, British Virgin Islands, Hong
Kong, Bermuda, Montserrat, and the Turks and Caicos Islands), U.S.S.R.
(Although the U.S.S.R. no longer exists as a national entity, many citizens of its
successor states still carry passports issued by the former U.S.S.R.), Uzbekistan,
and Zambia.
3.
Citizens of other countries should be permitted to contact his or her country's
46
Vienna Convention on Diplomatic Relations, Art. 32; Vienna Convention on Consular Relations, Art. 44; see United States v. Wilburn, 497 F.2d 946 (5th
Cir. 1974) (vice-consul has right to elect whether or not to testify in state judicial proceedings).
47
Harisiades v. Shaughnessy, 342 U.S. 580, 586, 72 S.Ct. 512, 96 L.Ed.2d 586, 597 (1951); Wong Wing v. United States, 163 U.S. 228, 237, 16 S.Ct. 977,
41 L.Ed 140, 143 (1895).
48
Photocopying of passports, visa and other documents of identification by which foreign nationals may enter or remain in the United States for law
enforcement purposes is authorized by 18 U.S.C. § 1546(c).
49
U.S. Dept. of State, Memorandum, Notice for law Enforcement Officials on Detention of Foreign Nationals, (April 20, 1993). Compliance with these treaty
obligations regarding notification "is essential to insure that similar notice is given to U.S. diplomatic and consular officials when U.S. citizens are arrested or
detained abroad."
Section B Chapter 1
Arrests
Page 47
embassy or the nearest consulate. The accused will be informed of this right at
50
the time of the arrest but no later than during booking at the jail. The Appendix
contains a list of the current foreign embassies and consulates and their phone
numbers.
4.
The officer who contacts an embassy or consulate on behalf of an accused foreign
national will note the date, time and the name of the person who received the call
at the embassy or consulate in a supplemental report and place it in the case
51
file.
5.
If the accused foreign national is a juvenile who is not accompanied by a parent or
legal guardian, the Immigration and Naturalization Service will be notified at the
same time as the Juvenile Court. It is the responsibility of the Immigration and
Naturalization Service to contact the embassy of the accused juvenile's nation.
6.
If the foreign national is unable to communicate in English, a supervisor will be
contacted and every effort made to obtain a translator. Miranda warnings must
52
be translated before a questioning can begin. The investigating officer will
include the name, address, telephone number and relationship of the translator to
the victim/witness in the Incident Report or Supplemental Report.
7.
During major events such as the Olympics, international sporting events, or
international conferences, if a foreign national who is officially connected with the
event is arrested, the District Attorney or his/her designee (Solicitor in
misdemeanor cases) should be immediately contacted by telephone and
provided with oral summary of the incident. The prosecuting attorney will advise
the supervisor of any special procedures which should be followed.
8.
If a foreign national is arrested for a felony, the U.S. Immigration and Naturalization
Service (INS) will be notified and provided with the name of the accused and the
53
nature of the charges. By law, the INS is required to notify the appropriate
consulate or embassy if one of their citizens has been taken into custody by
I.N.S.54 Contact INS at:
U.S. Immigration and Naturalization Service
77 Forsyth Street, Suite G-89
50
Id.
51
Id.
52
See De La Fe v. United States, 413 F.2d 543 (5th Cir. 1969).
53
The arrest of a foreign national for a violation of the laws of this State does not automatically lead to the deportation of the individual.
misdemeanor cases, the only action INS will take is to notify the appropriate embassy or consulate if the individual is not released on bond.
54
8 C.F.R. § 242.2.
In most
Section B Chapter 1
Arrests
Page 48
Phone: 404-331-2765
I.
Foreign Nationals as Victims or Witnesses to a Crime
1.
If a foreign national is a victim or witness in a crime, the investigating officer
will determine if the individual anticipates traveling out of the State of
Georgia within the next 6 months. If the foreign national indicates that they
will be traveling out of Georgia or the officer has reason to believe that the
individual may depart the
State, the District Attorney's office will be immediately contacted in order that the
55
testimony of the individual may be taken by video tape.
2.
If the foreign national is unable to communicate in English, a supervisor will be
contacted and every effort made to obtain a translator. The investigating officer
will include the name, address, telephone number and relationship of the
translator to the victim/witness in the Incident Report or Supplemental Report.
J.
Defection and Requests for Asylum
1.
Defections and requests for political asylum by foreign nationals are highly
sensitive and may affect the relations between a foreign government and the
United States as well as the treatment of U.S. citizens who travel outside the
United States. It is the policy of this Department that all officers will handle any
request for asylum or a defection with speed, tact and resolution.
2.
If an officer is approached by a foreign national who: (1) requests asylum in the
United States, or (2) indicates that he or she wants to defect to the United States,
the officer will:
55
(a)
Contact his or her immediate supervisor and request the supervisor come
to scene immediately. If communication is by non-secure means (i.e.
radio) do not indicate the reason;
(b)
Take the person into protective custody and permit no one to interfere with
the situation. It is important that the officer protect the person from
harassment or forceful repatriation.
(c)
Release the person only to the supervisor or a representative from a
Federal agency approved by the supervisor.
(d)
Prepare a written report on the incident.
O.C.G.A. § 24-10-130 (b)(3).
Section B Chapter 1
Arrests
Page 49
3.
A supervisor, upon learning that a foreign national has approached an officer and
(1) requested asylum in the United States, or (2) indicated that he or she wants to
defect to the United States, the supervisor will:
(a)
Immediately contact by secure means (not radio):
U.S. Immigration and Naturalization Service
77 Forsyth Street, Suite G-89
Phone: 404-331-2765 or 404-331-2762 (24 hour number)
(b)
Take the person into protective custody and transport the person to
a secure location designated by INS or to headquarters.
GENERAL ORDER
SUBJECT:
ISSUED:
EFFECTIVE:
11/27/2006
Immediately
CANCELS:
Search and Seizure
REFERENCE:
All previous General Orders and Policies
GACP Model
OCGA 17-5
DISTRIBUTION:
AMENDS:
INDEX SECTION:
All
INDEX
I.
PURPOSE
II.
DEFINITION
III.
A.
Search Warrant
1.
2.
3.
B.
Exceptions to the Search Warrant Requirement
1.
2.
3.
4.
5.
6.
C.
Contents of a Search Warrant
Obtaining a Search Warrant
Executing a Search Warrant
Consent Searches
Plain View Doctrine
Open Field Doctrine
Curtilage
Legitimate Expectation of Privacy
Exigent Circumstances
Warrantless Searches of Persons
1.
2.
Stop and Frisk
Search of a Person Incident to Arrest
B-2
Section B Chapter 2
Search and Seizure
Page 2
D.
More Intrusive Searches of Persons
1.
2.
3.
E.
Vehicle Stops
1.
2.
3.
4.
5.
F.
Standard
Exception
Inventory
Inventory Search
1.
2.
IV.
Significance of Stop
Vehicle Roadblocks
Time and Place
Arrest of Occupant
Container and Luggage Searches
1.
2.
3.
G.
Searches of the Body Surface
Searches of Bodily Fluids and Organs
Strip and Body Cavity Searches
Seizure of Vehicle
Booking Searches
H.
Abandonment
I.
Seizure of Property
S.O.P. B2-1 EXECUTION OF SEARCH WARRANTS
S.O.P. B2-2 MALE OFFICERS SEARCHING FEMALE SUSPECTS / PRISONERS
S.O.P. B2-3 FIELD INTERVIEW AND PAT-DOWN SEARCHES
S.O.P. B2-4 STRIP AND BODY CAVITY SEARCHES
Section B Chapter 2
Search and Seizure
Page 3
I.
II.
PURPOSE
A.
Establishes Agency guidelines controlling search and seizure of property
and persons consistent with existing law.
B.
Establishes a standard operating procedure for the execution of search
warrants against property (for persons see Chapter 8 - Arrest).
C.
Establishes a standard operating procedure for male officers searching
female suspects and prisoners.
DEFINITION
SEARCH WARRANT - A judicial command to "search the place or person
particularly described in the warrant and to seize the instruments, articles, or things
particularly described in the warrant" OCGA 17-5-23.
III.
A.
Search Warrants
1.
2.
Contents of a Valid Search Warrant Include:
a.
Time and date of issuance;
b.
Person who is to execute the warrant (generally its
execution is directed to all peace officers of the state;
c.
A command to search the place or person particularly
described in the warrant;
d.
A command to seize the instruments, articles, or things
described in the warrant; and
e.
The signature of the issuing judicial official.
Obtaining a Search Warrant
A search warrant may only be issued upon application of an officer
of the State or its political subdivisions charged with the duty of
enforcing the criminal laws OCGA 17-5-20. The warrant must be
issued by a neutral and detached judicial officer authorized to hold
a preliminary hearing OCGA 17-5-21. The judicial officer must find
Section B Chapter 2
Search and Seizure
Page 4
probable cause that a crime is being, or has been committed, or
that contraband or evidence exists in a specific place, and it must
particularly describe who or what is to be searched and what is to
be seized.
A search warrant can only be obtained and served by a certified
peace officer. A warrant may be issued based on an affidavit containing
only hearsay where:
3.
a.
The information is current;
b.
Under the totality of the circumstances, the information is
deemed reliable. "Totality of the circumstances" normally
includes facts about the reliability of the informant as well as
facts about the reliability of the information. The less that is
known and shown about the informant’s reliability, the more
that must be shown about the reliability of the information
itself;.
c.
The information must be detailed enough that the
magistrate will know it is not based on mere rumors, and the
officer should independently verify as much of the
informant's statement as possible. The officer should
include the results of the investigation in the affidavit as well
as, in general terms, the circumstances under which the
informant obtained the information; and
d.
The identity of the informant should not be listed in the
affidavit for a search warrant.
Executing a Search Warrant
When conducting the search, an officer may seize any items
specifically named in the warrant. The officer may also seize any
stolen or embezzled property, contraband or tangible evidence of
another crime (other than private papers) if he/she comes across
such items unexpectedly while making the search required by the
warrant.
NOTE: Private papers mean "privileged papers" (e.g., attorney
client). See Sears v. State 262 Ga. 1993.
For the protection of the officer and to prevent the destruction or
concealment of evidence, individuals may be restrained during the
Section B Chapter 2
Search and Seizure
Page 5
execution of the warrant.
Unless there is independent justification, a person not named in a
warrant shall not be searched.
B.
Exceptions to the Search Warrant Requirement
1.
Consent Search
The right against unreasonable search and seizure may be waived
by an individual who voluntarily consents, either orally or in writing,
to a search. In addition, a consent search may be authorized by a
third party who shares common control or authority of the premises
or items to be searched. However, the prosecutor has the burden
of proving that the defendant's consent to a warrantless search was
given freely and voluntarily. The voluntary nature of a person's
consent will be determined by an examination of the totality of
circumstances at the time of search. A person may withdraw
consent at any time and the search must cease.
2.
Plain View Doctrine
Mere observation of contraband by an officer does not constitute a
search within the scope of the Fourth Amendment. However, the
seizure of such contraband is governed by the Forth Amendment
principles, and for the evidence to be admissible under the Plain
View Doctrine:
3.
a.
The officer must have the right to be at the location from
which the items were viewed;
b.
No action can be taken by the officer to bring the items into
plain view;
c.
The incriminating nature of the seized object(s) must be
apparent from their appearance.
The Open Field Doctrine
Fourth Amendment protection does not extend to the "open fields"
surrounding the curtilage and the home.
4.
Curtilage
Section B Chapter 2
Search and Seizure
Page 6
Generally speaking, curtilage has been held to include all buildings
in close proximity to a dwelling, which are continually used for
carrying on domestic employment, or such places as are necessary
and convenient to a dwelling, and are habitually used for family
purposes (including a patio). Curtilage is afforded the same Fourth
Amendment protection as is the home.
5.
Legitimate Expectation of Privacy
The determination of whether Fourth Amendment protection will be
extended to items seized from the curtilage or open fields focuses
on whether the person challenging the search has a legitimate
expectation of privacy in the place which was searched.
NOTE: There is no reasonable expectation of privacy for trash
deposited in a public place for collection and no Fourth
Amendment violation occurs when such trash is
searched/seized. See California v. Greenwood, 486 US 35.
6.
Exigent circumstances are defined as those circumstances under
which a suspect is fleeing or instrumentalities of a crime are being
destroyed. Under these circumstances, if an officer has probable
cause to believe that an instrumentality or evidence of a crime will
be found and it is not practical for the officer to obtain a warrant, the
officer may conduct a warrantless search.
NOTE: Officers cannot create the exigency which would justify
the warrant exception.
C.
Warrantless Searches of Persons
1.
Stop and Frisk
a.
Grounds for Stop
To lawfully stop an individual, the officer must have a
reasonable suspicion that the person stopped is involved in
criminal activity.
b.
Grounds for Frisk
To lawfully frisk an individual, the officer must have a
Section B Chapter 2
Search and Seizure
Page 7
reasonable belief that the person stopped is armed and
dangerous. In the case of the self-protective search for
weapons, the officer must be able to point to particular facts
from which the officer reasonably inferred that the individual
was armed and dangerous. The frisk must be limited to that
which is necessary for the discovery of weapons which
might be used to harm the officer or others.
c.
Nature of Frisk
The search for weapons must be limited to a pat-down of
the person's outer clothing. If an object is felt and the officer
believes it may be a weapon, the officer may search more
extensively to confiscate it.
2.
Search of a Person Incident to Arrest
a.
b.
D.
The search incident to arrest may be conducted to:
1)
Protect the officer from attack;
2)
Prevent the arrested person from escaping;
3)
Discover/seize fruits of a crime for which the person
has been arrested; or
4)
Discover and seize any instruments, articles, or
things which may have been used in the commission
of the crime for which the person has been arrested.
Once the arrest has occurred the officer may conduct a
search without additional cause. For the search incident to
arrest to be legal, the arrest must be legal. The search
must be conducted at the time of arrest and be limited to the
arrestee's person and the area "within his immediate
control." A search of an arrested individual at the detention
facility may be justified as a search incident to arrest.
More Intrusive Searches of Persons
1.
Searches of the Body's Surface
Intrusions on the body's surface (swabbing, taking hair samples,
retrieving of evidence from the mouth, etc.) are governed by the
Section B Chapter 2
Search and Seizure
Page 8
Fourth Amendment and can only be made pursuant to a warrant.
2.
Searches of Bodily Fluids and Organs
Intrusions into the body (blood tests, stomach pumping, surgery,
etc.) are permitted by the Fourth Amendment if they are conducted
pursuant to a warrant, of if exigent circumstances exist and there is
a clear indication the desired evidence will be found. This is limited
to those intrusions that are "reasonable" and safe for the suspect.
3.
Strip and Body Cavity Searches
A strip search is to be conducted only if it is reasonable in light of
the circumstances. The unconditional strip search of
suspects/detainees is prohibited.
Removal of contraband incident to a body cavity search can only be
performed by medical personnel.
E.
Vehicle Stops
1.
Significance of Stop
Because a "seizure" occurs whenever a vehicle is stopped, there
must be reasonable suspicion to justify an investigatory stop of a
vehicle. During a vehicle stop, an officer may take reasonable
steps to protect him/her self. At the officer's discretion, the officer
may direct the driver to step out of the vehicle. If the officer has
reasonable belief that the person is armed and dangerous, the
officer may conduct a frisk search.
2.
Vehicle Roadblocks
Vehicles may also be stopped at general roadblocks which serve
legitimate law enforcement purposes. If evidence of a crime is
observed, an officer has the right to take reasonable investigative
steps.
3.
The mobility of motor vehicles often constitutes exigent
circumstances authorizing a warrantless search. The "automobile
exception" to the warrant requirement demonstrates a willingness of
courts to excuse the absence of a warrant when spontaneous
Section B Chapter 2
Search and Seizure
Page 9
searches are required of a vehicle. To conduct a warrantless
search, the officer must have probable cause to believe the vehicle
contains contraband or other seizable items and that the vehicle will
be moved if time is taken to obtain a warrant. A warrant is needed
to search a vehicle that the officers can legally control without fear
of its' being moved. (See US v Johns, 469 US 478 and California v.
Acevedo, 49 CrL 2210.)
4.
Arrest of Occupant
If a person is arrested after a vehicle stop, the interior portions of
the vehicle within the driver's immediate control may be searched
incident to the arrest.
F.
Container and Luggage Searches
1.
Standard
When there is probable cause that contraband will be found
somewhere inside of a vehicle, combined with exigent
circumstances such that it is not possible to obtain a warrant,
officers may open containers in the vehicle to seek the contraband.
However, the automobile exception normally will not justify a
warrantless search of specific containers. Where there is probable
cause as to specific containers, the containers should be secured
until a search warrant is obtained to open them.
2.
Exceptions
The Search Incident to Arrest and Plain View Doctrines may make
unnecessary the need to secure a warrant to search containers.
When a lawful arrest has been made, the officer may examine the
contents of any container found within the arrestee's immediate
area of control; i.e., the passenger compartment.
3.
Inventory
Locked containers may not be opened under the rationale of
inventory searches.
G.
Inventory Searches
1.
Seizure of Vehicle
Section B Chapter 2
Search and Seizure
Page 10
For an inventory search of a vehicle to be valid, the law
enforcement custody of the vehicle must be lawful and conducted
as part as a standard operating procedure to protect the contents of
the vehicle (see S.O.P. B6-2 Vehicle Impound/Inventory). The
inventory search does not extend to locked luggage.
2.
Booking Searches
A custodial search of the arrestee's personal effects may be
justified as either a delayed search incident to arrest or as an
inventory procedure. Once an officer has taken the property into
his/her control, a further search is no longer incidental to the arrest.
H.
Abandonment
Abandonment is a voluntary relinquishment of control of property (e.g.
disposing of or denying ownership).
An individual who abandons property does not retain any expectation of
privacy.
I.
Seizure of Property
Only sworn officers who are in compliance with the GPOSTC are permitted
to lawfully seize property.
IV.
_____________________
City Manager
Chris Hobby
_______________________
Larry Funderburke
Section B Chapter 2
Search and Seizure
Page 11
B2-1 EXECUTION OF SEARCH WARRANTS
ISSUED 11/27/2006 EFFECTIVE IMMEDIATLEY
INTRODUCTION
It is the responsibility of all personnel involved in the execution of a search warrant to
secure and safeguard evidence obtained as a result of the warrant. In addition, each
officer is responsible for protecting the constitutional rights of the citizens involved.
A.
Supervisory Personnel
1.
Although a search warrant may already have been signed by the appropriate
authority, a supervisory officer is to review the affidavit and warrant before it is
executed. When reviewing the warrant, the supervisor is to ensure compliance
with the law (and that all necessary elements are present).
NOTE: It is the responsibility of the supervisor to verify the location to be
searched.
2.
When appropriate, the District Attorney's Staff shall be consulted prior to, during,
and after serving search warrants for advice, recommendation, or other purpose
the officer deems appropriate (e.g., preparation for prosecution).
3.
A supervisor shall be present at the execution of any search warrant. If possible,
the supervisor is to be from the Division involved. If one is unavailable, a sergeant
or higher ranking officer from another Division should be asked to assist.
4.
Following the execution of the search warrant the designated supervisor shall
ensure that the appropriate follow-up steps are conducted expeditiously (e.g.,
make returns, secure arrest warrant).
B.
Assigned Officers
1.
The execution of search warrants shall be conducted by sworn officers who are in
compliance with the GPOSTC.
2.
All officers involved in the search will conduct themselves in a professional manner
by:
a.
Staying within the scope of the warrant;
b.
Leaving property not seized in an orderly fashion (or as found) and
ensuring that it is not left in a state of disorder or destroyed; and
Section B Chapter 2
Search and Seizure
Page 12
c.
Ensuring that all evidence seized is documented on the return and
forwarded to the Evidence Custodian and/or Crime Lab.
Section B Chapter 2
Search and Seizure
Page 13
B2-2
MALE OFFICERS SEARCHING FEMALE SUSPECTS / PRISONERS
ISSUED 11/27/2006 EFFECTIVE IMMEDIATLEY
INTRODUCTION
Laws governing searches are general. They apply to juveniles as well as to adult males
and females. Officers can conduct a reasonable search of anyone arrested. When
conducting a search, whether of a male or female, the officer should maintain a
professional attitude without becoming personally involved. The following sections outline
specific procedures to be followed when a male officer must search a female suspect or
prisoner. Female prisoners are usually searched by a female officer; male prisoners may
be searched by a female officer.
A.
Overview
1.
Guidelines for search of a female suspect allow a male officer to seize any
contraband from the suspect if there is a possibility she may be able to dispose of
it before a female officer can conduct the search;
2.
If a weapon or evidence is visible, it must be seized;
3.
If an officer has suspicion that a female suspect may be in possession of evidence
or a weapon, she is to be handcuffed behind her back and monitored closely until
she can be searched by a female officer.
B.
Procedures
1.
Notify the suspect that a search will be conducted;
2.
If a female officer is present, the male officer shall remain in attendance to assist
as needed;
3.
If a female officer is not present, if possible, have a responsible witness observe
the search or frisk;
4.
Have the suspect remove any coat or jacket, and search these outer garments;
5.
Always start at the head and systematically work down to the soles of the shoes;
6.
Minimize physical contact by having the prisoner pull her clothing tight against her
body. Any concealed object should show as a bulge;
Section B Chapter 2
Search and Seizure
Page 14
7.
If something is seen that appears to be a weapon, it shall be removed;
8.
When physical contact is necessary, the edge or back of the hands should be
used;
9.
After the search of the suspect is complete, the suspects personal effects should
be searched, e.g., purse; and
10.
The method of transporting female prisoners is essentially the same as for male
prisoners. In addition to these procedures, the officer is to notify the
Communications Center of the mileage, and clarify (if necessary) the location and
route to the jail. The Communications Center is then to provide the officer with
the exact time. Upon arrival at the jail, the officer is to notify the Communications
Center of his/her mileage and the Communications Center will again advise the
officer of the exact time. The Communication Center shall log the beginning and
ending mileage along with the appropriate times for each. Further, the officer
shall record his/her departure and arrival times and beginning and ending
mileage on his/her activity logs.
Section B Chapter 2
Search and Seizure
Page 15
B2-3
FIELD INTERVIEWS AND PAT-DOWN SEARCHES
INTRODUCTION
The purpose of this policy is to assist officers in determining when field interviews and patdown searches are warranted and the manner in which they must be conducted.
The field interview is an important point of contact for officers in preventing and
investigating criminal activity. But even when conducted with respect for involved citizens
and in strict conformance with the law, it can be perceived by some as a means of police
harassment or intimidation conducted in a discriminatory manner against groups or
individuals. In order to maintain the effectiveness and legitimacy of this practice and to
protect the safety of officers in approaching suspicious individuals, law enforcement
officers shall conduct field interviews and perform pat-down searches in conformance with
procedures set forth in this policy.
DEFINITIONS
A.
FIELD INTERVIEW: The brief detainment of an individual, whether on foot or in a
vehicle, based on reasonable suspicion for the purposes of determining the
individual's identity and resolving the officer's suspicions.
B.
PAT-DOWN SEARCH: A "frisk" or external feeling of the outer garments of an
individual.
C.
REASONABLE SUSPICION: Articulable facts that, within the totality of the
circumstances, lead an officer to reasonably suspect that criminal activity has
been or is about to be committed.
PROCEDURES - FIELD INTERVIEWS
A.
Justification for Conducting a Field Interview
Law enforcement officers may stop individuals for the purpose of conducting a field
interview only where reasonable suspicion is present. Reasonable suspicion
must be more than a hunch or feeling, but need not meet the test for probable
cause sufficient to make an arrest. In justifying the stop, the officer must be able
to point to specific facts which, when taken together with rational inferences,
reasonably warrant the stop. Such facts include, but are not limited to, the
following:
1.
The appearance or demeanor of an individual suggests that he is part of a criminal
Section B Chapter 2
Search and Seizure
Page 16
enterprise or is engaged in a criminal act;
2.
The actions of the suspect suggest that he is engaged in a criminal activity;
3.
The hour of day or night is inappropriate for the suspect's presence in the area;
4.
The suspect's presence in a neighborhood or location is inappropriate;
5.
The suspect is carrying a suspicious object;
6.
The suspect's clothing bulges in a manner that suggests he is carrying a weapon;
7.
The suspect is located in proximate time and place to the alleged crime; or
8.
The officer has knowledge of the suspect's prior criminal record or involvement in
criminal activity.
B.
Initiating a Field Interview
Based on observance of suspicious circumstances or upon information from
investigation, an officer may initiate the stop of a suspect if he has articulable,
reasonable suspicion to do so. The following guidelines shall be followed when
making an authorized stop to conduct a field interview.
1.
When approaching the suspect, the officer shall clearly identify himself as a law
enforcement officer, if not in uniform, by announcing his identity and displaying
Agency identification.
2.
Officers shall be courteous at all times during the contact but maintain caution and
vigilance for furtive movements to retrieve weapons, conceal or discard
contraband, or other suspicious actions.
3.
Before approaching more than one suspect, individual officers should determine
whether the circumstances warrant a request for backup assistance and whether
the contact can and should be delayed until such assistance arrives.
4.
Officers shall confine their questions to those concerning the suspect's identity,
place of residence and other inquiries necessary to resolve the officer's
suspicions. However, in no instance shall an officer detain a suspect longer than
is reasonably necessary to make these limited inquiries.
5.
Officers are not required to give suspects Miranda warnings in order to conduct
field interviews unless and until additional information is available and sufficient to
establish probable cause for arrest.
Section B Chapter 2
Search and Seizure
Page 17
6.
Suspects are not required, nor can they be compelled, to answer any questions
posed during field interviews. Failure to respond to an officer's inquiries is not, in
and of itself, sufficient grounds to make an arrest although it may provide
sufficient justification for additional observation and investigation.
PROCEDURES - PAT-DOWN SEARCHES
A.
Justification for Conducting Pat-Down Searches
A law enforcement officer has the right to perform a pat-down search of the outer
garments of a suspect for weapons if he has been legitimately stopped with
reasonable suspicion and only when the officer has a reasonable fear for his own
or another person's safety. Clearly, not every field interview poses sufficient
justification for conducting a pat-down search. Following are some criteria that
may form the basis for establishing justification for performing a pat-down search.
Officers should note that these factors are not all-inclusive -- there are other
factors that could or should be considered. The existence of more than one of
these factors may be required in order to support reasonable suspicion for the
search.
1.
The type of crime suspect -- particularly in crimes of violence where the use or
threat of deadly weapons is involved.
2.
Where more than one suspect must be handled by a single officer.
3.
The hour of the day and the location or neighborhood where the stop takes place.
4.
Prior knowledge of the suspect's use of force and/or propensity to carry deadly
weapons.
5.
The appearance and demeanor of the suspect.
6.
Visual indications which suggest that the suspect is carrying a firearm or other
deadly weapon.
7.
The age and gender of the suspect. Whenever possible, pat-down searches
should be performed by officers of the same sex.
B.
Procedures for Performing a Pat-Down Search
When reasonable suspicion exists to perform a pat-down search, it should be
performed with due caution, restraint and sensitivity. These searches are only
justifiable and may only be performed to protect the safety of officers and others
Section B Chapter 2
Search and Seizure
Page 18
and may never be used as a pretext for obtaining evidence. Under these
circumstances, pat-down searches should be conducted in the following manner.
1.
Whenever possible, pat-down searches should be conducted by at least two
officers, one of whom performs the search while the other provides protective
cover.
2.
Because pat-down searches are cursory in nature, they should be performed with
the suspect in a standing position or with hands placed against a stationary
object and feet spread apart. Should a weapon be visually observed, however,
a more secure search position may be used, such as the prone position.
3.
In a pat-down search, officers are permitted only to externally feel the outer
clothing of the suspect. An officer may not place his/her hands in pockets unless
he/she feels an object that could reasonably be a weapon, such as a firearm,
knife, club or other item.
4.
If the suspect is carrying an object such as a handbag, suitcase, briefcase, sack or
other item that may conceal a weapon, the officer should not open the item but
instead place it out of reach of the suspect.
5.
If the external feeling of the suspect's clothing fails to disclose evidence of a
weapon, no further search may be made. If evidence of a weapon is present, an
officer may retrieve that item only. If the item is a weapon the possession of
which is a crime, the officer may make an arrest of the suspect and complete a
full-custody search of the suspect.
C.
Reporting
If after conducting a field interview there is no basis for making an arrest, the
officer should record the facts of the interview and forward the documentation to
the appropriate reporting authority as prescribed by Agency procedure.
Section B Chapter 2
Search and Seizure
Page 19
B2-4 STRIP AND BODY CAVITY SEARCHES
INTRODUCTION
It is the purpose of this policy to provide officers with guidelines for determining if and
under what conditions the use of strip searches and body cavity searches are legally
permissible and to establish guidelines for the appropriate conduct of such searches.
The Agency recognizes that the use of strip searches and body cavity searches may,
under certain conditions, be necessary to protect the safety of officers, civilians and other
prisoners; to detect and secure evidence of criminal activity and to safeguard the security,
safety and related interests of the Agency's prisoner detention and holding facilities.
Recognizing the intrusiveness of these searches on individual privacy; however, it is the
policy of the Agency that such searches shall be conducted only with proper authority and
justification, with due recognition and deference for the human dignity of those being
searched and in accordance with the procedural guidelines for conducting such searches
as set forth in this policy.
DEFINITIONS
A.
STRIP SEARCH: Any search of an individual requiring the removal or
rearrangement of some or all clothing to permit the visual inspection of any or all
skin surfaces including genital areas.
B.
BODY CAVITY SEARCH: Any search involving not only visual inspection of skin
surfaces but the internal physical examination of body cavities and, in some
instances, organs such as the stomach cavity.
PROCEDURES
A.
Strip Searches
1.
Individual arrested for traffic violations and other minor offenses of a nonviolent
nature shall not be subject to strip searches unless the arresting officer has
articulable, reasonable suspicion to believe that the individual is concealing
contraband or weapons. Reasonable suspicion may be based upon, but is not
limited to, one or more of the following criteria:
a.
The nature of the offense charged;
b.
The arrestee's appearance and demeanor;
Section B Chapter 2
Search and Seizure
Page 20
c.
The circumstances surrounding the arrest;
d.
The arrestee's criminal record, particularly past crimes of violence and narcotic
offenses;
e.
The discovery of evidence of a major offense in plain view or in the course of a
search incident to the arrest; and/or
f.
Detection of suspicious objects beneath the suspect's clothing during a field search
incident to arrest.
2.
Field strip searches of prisoners shall be conducted only in the rarest of
circumstances under exigent circumstances where the life of officers or others
may be placed at risk, and only with the explicit approval of a supervisory officer.
3.
Where articulable, reasonable suspicion exists to conduct a strip search, the
arresting officer shall make a written request for such action to the detention
supervisor or other designated authority that clearly defines the basis for
suspicion.
4.
When authorized by the supervising authority, strip searches may be conducted
only:
a.
By trained and designated personnel;
b.
In conformance with approved hygienic procedures and professional practices;
c.
In a room specifically authorized for this purpose;
d.
By the least number of personnel necessary and only by those of the same sex;
and
e.
Under conditions that provide privacy from all but those authorized to conduct the
search.
5.
Following a strip search, the officer performing the search shall submit a written
report to the supervisory authority that details, at a minimum, the following:
a.
Date and place of the search;
b.
Identify of the officer conducting the search;
c.
Identify of the individual searched;
Section B Chapter 2
Search and Seizure
Page 21
d.
Those present during the search;
e.
A detailed description of the nature and extent of the search; and
f.
Any weapons, evidence or contraband found during the search.
B.
Body Cavity Searches
Should visual examination of a suspect during a strip search and/or other
information lead an officer to believe that the suspect is concealing a weapon,
evidence or contraband within a body cavity, the following procedures shall be
followed.
1.
The officer shall consult with his immediate supervisor to determine whether
probable cause exists to seek a search warrant for a body cavity search. The
decision to seek a search warrant shall recognize that a body cavity search is
highly invasive of personal privacy and is reasonable only where the suspect
offense is of a very serious nature or poses a threat to the safety of officers or
others or the security of the Agency's detention operations.
2.
If probable cause exists for a body cavity search, an affidavit for search warrant
shall be prepared that clearly defines the nature of the alleged offense and the
basis for the officer's probable cause. The statement should include why a body
cavity search is deemed necessary.
3.
On the basis of a search warrant, a body cavity search shall be performed only by
an Agency authorized physician or by the other medically trained personnel at the
physician's direction.
4.
For safety and security reasons, the search shall be conducted at the Agency's
detention facility or other authorized facility and in the room designated for this
purpose.
5.
Body cavity searches shall be performed with due recognition of privacy and
hygienic concerns previously addressed in this policy.
6.
The authorized individual conducting the search shall file a report with the
requesting law enforcement agency. The witnessing law enforcement officer
shall co-sign the report and comply with information requirements specified in
item IV-A-4 of this policy.
GENERAL ORDER
SUBJECT:
ISSUED:
EFFECTIVE:
11/27/2006
Immediately
CANCELS:
Firearms
REFERENCE:
GA POST
OCGA 16-11-126 through 16-11-130
H.R. 218 “The Law Enforcement Officers’ Safety
Act of 2004”
GACP Sample Policy
DISTRIBUTION:
AMENDS:
INDEX SECTION:
All
I.
PURPOSE
II.
DEFINITIONS
III.
A.
General
B.
Firearms Safety
C.
Care of Firearms
D.
Ammunition
E.
Weapon Display
F.
Discharging Firearms
G.
Back-up Weapons
H.
Special Weapons and High Risk Situations
I.
Surrendering Weapons
J.
Off-Duty Weapons
k.
Carrying concealed weapon outside arrest jurisdiction
B-3
IV.
S.O.P. B3-1 WEAPONS QUALIFICATION
S.O.P. B3-2 PATROL RIFLE POLICY
Section B Chapter 3
Firearms
Page 2
I.
II.
III.
Section B Chapter 3
Firearms
Page 3
PURPOSE
A.
Establishes guidelines and rules for the proper use, care and display of firearms.
B.
Establishes a standard operating procedure for weapons qualification and
training.
DEFINITIONS
A.
Departmental approval - approval from the Director of Public Safety or his/her
Designee.
B.
Off-duty - the period of time when an officer is not paid by the department.
C.
Proficiency - a demonstration of weapons operation, care and maintenance
and disassembly and assembly knowledge. Officers must additionally be
familiar with the capabilities and limitations of the weapon, ammunition and
holster.
D.
Accidental Discharge - the firing of any firearm due to a mechanical
malfunction of the firearm.
E.
Unintentional Discharge - the firing of any firearm due to an error caused by
the operator or handler.
F.
Secondary Weapons or Backup Weapons - A personal weapon carried by an
officer completely concealed while on duty.
A.
General
1.
B.
Officers, while on duty, will carry only the Agency authorized firearm(s).
Firearms Safety
1.
It is imperative that each individual exercise extreme care in the handling
of all weapons, always emphasizing safety, whether on or off duty.
2.
Holsters shall not be unsnapped or side arms removed from holsters
unnecessarily.
3.
Loaded shoulder weapons (e.g., shotguns, rifles, gas guns, etc.) shall not
be brought inside the law enforcement Agency building unless a deadly
force emergency is in progress.
Section B Chapter 3
Firearms
Page 4
4.
Shoulder weapons (e.g., shotguns, rifles, gas guns, etc.) shall be carried
perpendicular (muzzle up) to the floor by the grip (no fingers within the
trigger guard). They will be carried with the slide back / action open,
safety on, and the chamber empty.
5.
Only in deadly force situations shall a round be chambered in shoulder
weapons (e.g., shotguns, rifles, gas guns, etc.). Once the situation is
stabilized, the round is to be unchambered and the weapon returned to
the safe carry position.
6.
Confiscated and found weapons shall not be placed into evidence loaded.
7.
Particular attention should be given to the removal from and
replacement of the handgun to its holster.
8.
Under non-emergency conditions or when practical, an officer shall
immediately conduct a safety check of all firearms when handling, after
receiving, or before transferring any weapon to ensure the chamber
does not contain a round. This shall be accomplished by performing a
visual inspection of the chamber several times and by feeling inside of
the chamber as well. During times of limited visibility or total darkness,
a flashlight shall be utilized to aid in inspection of the chamber. The
finger must be outside of the trigger guard and the muzzle must be
pointed in a safe direction when performing this procedure.
9.
An unintentional discharge is a misconduct which is punishable in
accordance with City of Bainbridge Employee Policy Section 7.00. The
mitigating and aggravating circumstances of each incident will be
evaluated by the investigating Supervisor when considering the level of
discipline to be administered.
An officer will be exempt from disciplinary action if any of the following
conditions exist:
a.
An accidental discharge occurs
b.
An unintentional discharge occurs while utilizing a sand barrel
or bullet trap.
c.
An unintentional discharge occurs while an officer if properly
utilizing a berm on the Bainbridge Department of Public Safety
firing range under the authority of a state certified firearms
instructor.
C.
Section B Chapter 3
Firearms
Page 5
10.
In order to ensure safety and accountability of departmental weapons
at a fire scene, officers shall secure their duty issued weapon in the
trunk of their patrol vehicles. All rifles and shotguns shall also be placed
in the trunk unless the weapon is already secured in the locked gun rack
inside the passenger area. Officers shall ensure that the trunk and all
doors of their patrol vehicles are secured and locked prior to
performing firefighting duties.
11.
The safe and secure storage of weapons at home while either on or offduty shall be given special consideration (e.g., the unloaded weapon
should be stored in a locked or secured area, with ammunition stored
separately).
Care of Firearms
All officers shall keep their firearms clean and in good operating condition.
Officers' weapons are subject to inspection at any time by a superior officer. No
unauthorized alterations shall be made to Agency firearms.
D.
Ammunition
All weapons will be loaded with Agency issued ammunition. All ammunition shall
be factory manufactured. The carrying or discharging of reloaded ammunition is
strictly prohibited. The only exception to this is when qualifying or practicing at
the range.
E.
Weapon Display
1.
Law enforcement officers should avoid the unnecessary display of
firearms and not remove the weapon from the holster except when there
is justification for its use to accomplish a proper police purpose. In
responding to any potentially dangerous situation, such as a robbery or
burglary in progress, an officer may draw and carry his/her weapon in a
position for speedy and effective use, if necessary.
2.
Under Georgia law, a law enforcement officer is authorized to carry an
issued or authorized firearm while on-duty. The decision to carry a
personal weapon and ammunition off-duty is an individual decision, not
an Agency requirement.
3.
Firearms will be carried in the issued holsters or in a holster approved by
the Director of Public Safety. These holsters will properly retain and
secure the particular weapon being carried.
F.
Section B Chapter 3
Firearms
Page 6
4.
Officers are prohibited from carrying firearms while consuming alcohol or
while still under its influence, whether on or off-duty unless on an
authorized special assignment.
5.
Investigators and other plainclothes personnel shall carry their weapons
in a non-conspicuous manner in public, unless otherwise warranted.
Discharging Firearms
Whenever any member of the Agency discharges a firearm for any purpose other
than one which is sporting in nature (e.g., hunting) or for target practice, he/she
shall submit a report to the Director of Public Safety as soon as possible. The
report will include:
G.
1.
The number of shots fired and the reason and circumstances that
required the use of firearms.
2.
The names and addresses of any injured persons and witnesses.
3.
The extent and treatment of any injuries, the hospital where treated and
if known, the doctor providing such treatment.
4.
A description of any property damage resulting from the discharge of a
firearm and an estimate of repair costs.
5.
The officers' evaluation of the situation at the time of the incident.
Secondary Weapon or Back-up Weapons
Secondary, back-up or personal handguns are permissible; however, any such
handgun must be approved by the Director of Public Safety. The weapon must
be carried concealed on the person or in the officer's briefcase. All requests for
permission to carry back-up handguns must be submitted in writing to the
Director of Public Safety. The request shall include the make, model and serial
number of all handguns which the officer desires to carry. In addition, before an
officer is permitted to carry a back-up weapon on-duty, he/she shall be required
to qualify with the weapon.
H.
Special Weapons and High Risk Situations
1.
In hazardous situations, special weapons may be used only by members
of the Agency that have been trained in their use and authorized by the
Director of Public Safety.
I.
Section B Chapter 3
Firearms
Page 7
2.
Only shotguns issued by the Agency will be used as a duty weapon. Prior
to issuance or use, all officers must demonstrate proficiency in the use of
the shotgun.
3.
While on-duty, an officer may be temporarily unarmed only when
required by applicable policy or law. For example, when the officer is in a
jail or prison facility or traveling on a commercial airliner.
Surrendering Weapons
No officer shall ever give up any of his/her weapons unless it is absolutely
necessary to protect the life of a citizen or him/her self. Even then, he/she should
carefully consider the consequences of his/her action. Surrender of a weapon
rarely de-escalates a serious situation and can put an officer and innocent persons
in jeopardy.
J.
K.
Off-Duty Weapons
1.
When off-duty, an officer may carry a personal weapon of his/her
choosing in a non-conspicuous manner.
2.
When officers have Agency permission to work an off-duty job in
uniform, City issued firearms and leather goods shall be worn.
3.
If an officer has Agency approval to work an off-duty job, out of uniform,
he/she must have Agency approval to carry a firearm. The serial number,
brand and type of firearm carried must be on record at the Agency and
approved by the Director of Public Safety.
4.
All personnel using non-Agency issued weapons while working off-duty
jobs must qualify with the weapon annually during regular range
qualifying. For this qualification, the officer must furnish his/her own
ammunition.
5.
Officers shall carry appropriate identification when armed on or off-duty.
Carrying concealed weapon outside arrest jurisdiction
1.
Officers in an off-duty status who are outside the arrest jurisdiction of
this Department are authorized to carry a concealed handgun
throughout the State of Georgia as authorized by Official Code of
Georgia 16-11-130
Section B Chapter 3
Firearms
Page 8
2.
Officers in an off-duty status who are outside the arrest jurisdiction of
this Department are authorized to carry a concealed handgun
throughout the United States as authorized by United States Code
Title 18-Part 1-Chapter 44-Section 926b or House Resolution 218: “The
Law Enforcement Officers Safety Act of 2004”
3.
An off-duty officer who is outside the arrest jurisdiction of this
department is a private citizen with no authority to do any act that is
not lawful for a private citizen under identical circumstances, excepting
only the possession of a concealed handgun. The burden is on the
officer to know and comply with all laws governing the possession and
use of a concealed handgun.
4.
Officers are required to review General Statutes on use of deadly force
and be familiar with requirements of OCGA 16-11-126 through 16-11128 as well as requirements of H.R. 218 before carrying a concealed
handgun while off-duty outside arrest jurisdiction.
5.
An off-duty officer who is outside the arrest jurisdiction of this
department:
a)
Cannot carry a concealed handgun while consuming any
quantity of alcohol or while under the influence of alcohol or
any medicine or other substance that impairs mental or
physical capabilities.
b)
Cannot use any force deadly or non-deadly, or take any action
to enforce criminal law, or prevent a crime from occurring,
unless a private citizen is authorized under law to take the
same action under identical circumstances.
c)
Cannot carry any firearm, concealed or open, on any federal,
state, or private property where concealed carry of a firearm
has been prohibited.
d)
Cannot carry any concealed weapon while off-duty inside or
outside arrest jurisdiction while:
1)
2)
3)
In field training
Suspended
While specially ordered or restricted by any superior
officer of this agency.
IV.
Section B Chapter 3
Firearms
Page 9
6.
Must carry departmental photo identification and badge at all times a
concealed weapon is carried off-duty, inside or outside arrest
jurisdiction.
7.
If any General Statute banning the carrying of a concealed handgun is
violated and the court orders a departmental issued weapon destroyed,
it will be the responsibility of the officer to reimburse the City of
Bainbridge the cost to replace the weapon.
8.
This General Order only authorizes the carrying of a concealed
handgun. The carrying of any other deadly weapon concealed is a
violation of Georgia Law and H.R. 218
EFFECTIVE:
____________________
City Manager
Chris Hobby
This General Order is Effective Immediately
_______________________
Larry Funderburke
B3-1 WEAPONS QUALIFICATION & TRAINING
Section B Chapter 3
Firearms
Page 10
ADMINISTRATION
A.
The Department Training Officer shall be responsible for implementing firearms
qualification programs, classroom instruction and remedial training for Agency
personnel.
B.
The range officer/armorer shall be responsible for ensuring all Agency issued firearms are
maintained in good working order. Upon notification from any officer that a weapon is
malfunctioning, the range officer/armorer shall repair the weapon or issue another.
QUALIFICATION REQUIREMENTS
A.
All sworn personnel of the Agency shall be GAPOST certified prior to receiving
authorization to carry a weapon in an official capacity or to exercise the power of arrest.
B.
Firearms training shall consist of both classroom and practical exercises as determined by
the training officer.
C.
Failure of any officer to qualify will result in dismissal or reassignment. Minimum
qualification scores shall be as approved by GAPOST.
D.
All officers shall qualify, at a minimum, bi-annually with on-duty and off-duty weapons.
E.
Any officer authorized to carry a firearm who fails to attain two consecutive qualifying
scores after five opportunities shall attend, on-duty, a block of remedial instruction and
shall attempt to qualify after that instruction.
F.
After remedial training, an officer will be given three opportunities to re-qualify; however,
two qualifications must still be consecutive.
G.
Should the officer still not qualify, he/she will be afforded an opportunity, on a voluntary
basis, to receive additional instruction and qualify with the weapon on his/her off-duty
time within two weeks.
H.
The course of instruction and final qualification must be completed within two weeks
after the officer's failure to qualify.
I.
Any officer unable to qualify, after the above avenues or retraining have been exhausted,
will be considered incompetent to carry a firearm and will be removed from
Section B Chapter 3
Firearms
Page 11
enforcement duties and subject to appropriate administrative or disciplinary action.
FIREARMS TRAINING
Firearms training and qualification shall consist of the following:
A.
Classroom instruction on the fundamentals of semi-automatic.
B.
Classroom instruction in firearms safety and preventive maintenance.
C.
Classroom instruction in the legal aspects of firearms use.
D.
Range practice and qualification with the issued /authorized weapon(s).
E.
Range practice and qualification with any authorized shoulder weapons.
F.
Supplemental classroom instruction or practical exercises as may be deemed necessary or
useful.
B3-2 PATROL RIFLE POLICY
Section B Chapter 3
Firearms
Page 12
AUTHORIZED PATROL RIFLE /CARBINE
A. The authorized patrol rifle / carbine may be provided by the Department or individually
Officer owned.
B. All authorized patrol rifle / carbines must meet the following specifications:
1.
Unless otherwise authorized by the Director, authorized patrol rifle / carbines
must be AR-15 / CAR-15 type. Butt stock may be either fixed or collapsible.
2.
Authorized patrol rifle / carbines must be chambered for 5.56 x 45mm rifle
ammunition. Primary magazines are to be 30 round capacities / loaded with 28
rounds. Ammunition shall be of a type approved by the Director.
3.
Authorized patrol rifle / carbines must be semi-automatic only.
4.
Authorized patrol rifle / carbine barrel length must be at least 16 inches unless
otherwise authorized by the Director.
5.
Authorized patrol rifle / carbines must be equipped with a sling system suitable
for tactical deployment where the weapon may be retained hands free yet
ready for immediate use.
6.
Only the iron sight system will be employed unless otherwise authorized by the
Director. Any supplemental sight system authorized for deployment must be
suitable for tactical close quarter engagement and either allow for immediate
access to the iron sights, or be quickly removable to allow for access to the iron
sight system if the supplemental sight system fails for any reason.
7.
Other than the below listed modifications, no modification of the patrol rifle /
carbine from manufacturer issue is permitted without prior approval of the
Director. Requests for modification must be submitted to the Director through
the Department Training Officer. Recommendations regarding the request will
accompany the request through the chain of command.
8.
Generally approved options:
1.
2.
3.
Front Post Night Sight
Flashlight attachments
Magazine carrier
4.
5.
9.
Flash Hider
Ambidextrous Safety
Section B Chapter 3
Firearms
Page 13
Authorized Patrol Rifle / Carbine Deployment Policy
a.
Authorized patrol rifle / carbines will be deployed consistent with
Department Rules and Regulation. The officer on scene, given the
known totality of the circumstances, shall make the decision as to
deployment of the patrol rifle / carbine in the same manner as with the
duty handgun or any other defensive tool.
b.
Authorized patrol rifle / carbines are recommended for field
deployment when any of the following conditions are identified:
1.
Any potentially dangerous / deadly force situation where the
officer has reason to believe that deployment of the patrol rifle
will contribute to the safe resolution of the incident or diminish
risk to officers or the public.
2.
The officer is assigned as a Rapid Deployment Contact or
Search & Rescue Team officer.
3.
The officer is assigned as a cover officer on a perimeter
containment team.
4.
The officer has cause to believe that the suspect is wearing
ballistic body armor or is shielded by an intervening barrier.
5.
The officer has cause to believe that the suspect may be
engaged at extended distance.
10.
Officers employing the patrol rifle / carbine will maintain control of the firearm
at all times or insure that the weapon is controlled / secured by another police
officer.
11.
Officers must complete department approved patrol rifle / carbine training
prior to field deployment. Officers must successfully complete departmental
re-qualification and training to remain eligible for field deployment of the
patrol rifle / carbine.
12.
Prior to duty deployment; the rifle / carbine must be inspected by the
department Range Officer or other qualified armorer for proper
mechanical function and overall condition and be serial numbered for
department record.
Section B Chapter 3
Firearms
Page 14
The patrol rifle /carbine must be properly sighted in according to department
range protocol. No patrol rifle / carbine may be deployed on the street
that has not met the above requirements.
By order of:
Larry Funderburke
GENERAL ORDER
SUBJECT:
ISSUED:
EFFECTIVE:
11/27/2006
Immediately
CANCELS:
Use of Force
REFERENCE:
OCGA 17-4-20 & 16-3-21
GACP Sample Policy
DISTRIBUTION:
AMENDS:
INDEX SECTION:
All
B-4
Officers must review and have a demonstrated working knowledge of this chapter
prior to receiving an Agency issued firearm.
INDEX
I.
PURPOSE
II.
DEFINITIONS
III.
A.
General
B.
Justification for Use of Non-Deadly Force
C.
Justification for the Use of Deadly Force
D.
Shoot to Stop
E.
Participant's Follow-up Report
F.
Training and Qualification
G.
Agency Response
S.O.P. B4-1 USE OF NON-DEADLY FORCE / INTERNAL PROCEDURES
S.O.P. B4-2 INVESTIGATION OF OFFICER INVOLVED IN DEADLY FORCE
INCIDENTS
Section B Chapter 4
Use of Force
Page 2
S.O.P. B4-3 CRITICAL INCIDENTS / POST CRITICAL INCIDENTS
S.O.P. B4-4 ECD/ADVANCED TASER
S.O.P. B4-5 USE OF CHEMICAL WEAPONS / OLEORISIN CAPSICUM (OC SPRAY)
Section B Chapter 4
Use of Force
Page 3
I.
II.
III.
PURPOSE
A.
Establishes and prescribes guidelines for the lawful use of force.
B.
Establishes standard operating procedures for regulating use of force
incidents (deadly or non-deadly).
C.
Establishes standard operating procedures for investigating use of force
incidents (deadly or non-deadly).
D.
Establishes standard operating procedures for addressing critical
incidents/post critical incidents.
DEFINITIONS
A.
AUTHORIZED WEAPON: Those weapon(s) with which the officer has
qualified and received Agency training on proper and safe usage. In
addition, the weapon(s) must be registered and comply with Agency
specifications.
B.
FORCE: The unwanted touching directed toward another. This may
involve the direct laying on of hands or the putting of an object into motion
that touches the individual; therefore, taser guns, water hoses, as well as a
push from the hands are "use of force". Use of force is not necessarily
wrong, and in certain conditions personnel have the duty and obligation to
use it.
C.
NON-DEADLY FORCE: A quantity of force which is neither likely nor
intended to cause great bodily harm.
D.
DEADLY FORCE: That degree of force that is likely to cause death or
great bodily injury.
E.
FORCIBLE FELONY: Any felony which involves the use or threat of
physical force or violence against any person.
A.
General
This Agency recognizes and respects the value and integrity of each
human life. Investing law enforcement officers with lawful authority to use
force to protect the public welfare requires a careful balancing of interests.
Section B Chapter 4
Use of Force
Page 4
Officers should only use the amount of force necessary to overcome
resistance. Many decisions and actions of law enforcement officers have
serious consequences, but none are as irrevocable as the decision to use
force, particularly deadly force. Law enforcement officers are armed and
trained to achieve control of various situations. Other means of force
should be exhausted or deemed impractical before resorting to the use of
deadly force see OCGA 17-4-20(b) Use of Deadly Force. Control is
achieved through the officer's presence, verbal commands, control and
restraint, use of temporary incapacitation, or in situations where any person
is endangered, by the use or threat of deadly force. The officer shall
respond with the necessary force, and all actions by an officer are
governed by the situation.
An officer is supported by the Agency in drawing his/her firearm pursuant to
official duties when circumstances dictate. Nonetheless, these guidelines
are intended for internal use only, and any violation of these rules shall
result in administrative and/or disciplinary action. They are not intended to
create a higher standard of safety or care with respect to third party claims.
A violation of the law shall be the basis for civil or criminal penalties.
B.
Justification for Use of Non-deadly Force
Non-deadly force can be used by an officer in the performance of his/her
duty:
C.
1.
When necessary to preserve the peace, prevent commission of
offenses, or prevent suicide or self-inflicting injury;
2.
When preventing or interrupting a crime or attempted crime against
property;
3.
When making lawful arrests and searches, overcoming resistance
to such arrests and searches, and preventing escapes from
custody; and
4.
When in self defense, or defense of another against unlawful
violence to his/her person.
Justification for the Use of Deadly Force
Use of deadly force by an officer during his/her performance of duty is
restricted to the following:
"Sheriffs and peace officers who are appointed or employed in conformity
Section B Chapter 4
Use of Force
Page 5
with Chapter 8 of Title 35 may use deadly force to apprehend a suspected
felon only when the officer reasonably believes that the suspect possesses
a deadly weapon or any object, device, or instrument which, when used
offensively against a person, is likely to or actually does result in serious
bodily injury; when the officer reasonably believes that the suspect poses
an immediate threat of physical violence to the officer or others; or when
there is probable cause to believe that the suspect has committed a crime
involving the infliction or threatened infliction of serious physical harm"
OCGA 17-4-20.
The following examples are provided to show when an officer may use
deadly force:
1.
When the officer reasonably believes it necessary to defend his/her
own life or the life of another, or to prevent grave bodily injury to
him/her self or another and all available means of defense have
failed or would be inadequate or dangerous under the
circumstances;
2.
When necessary to prevent the commission of forcible felonies;
NOTE: Deadly force shall not be used towards persons who
have committed or are committing traffic violations,
misdemeanors, non-forcible felonies, or forcible felonies not in
progress.
3.
D.
To affect the arrest of a person at the scene of a crime who is
attempting to escape, but only if there is a serious threat of
immediate danger to the officer or third persons, such as the use of
firearms or taking of hostages;
4.
When necessary to destroy a fatally wounded or sick animal, but
only after making every reasonable attempt to locate and receive
permission from the animal's owner and only if an Animal Control
officer is unable to respond in a reasonable amount of time.
5.
When necessary to destroy an obviously mad or vicious animal that
cannot otherwise be controlled. Again, Animal Control should be
contacted first. Only when Animal Control officers are unable to
respond in a reasonable amount of time should an officer destroy
an obviously mad or vicious animal.
Shoot to Stop the Commission of a Forcible Felony
Section B Chapter 4
Use of Force
Page 6
E.
1.
Before using a firearm, officers shall identify themselves and state
their intent to shoot, when feasible;
2.
Officers shall fire their weapon to stop an assailant from completing
a potentially deadly act as described in section C above. Officers
should shoot at the largest available mass provided by the assailant
as a target area for the officer, to stop the threat and to minimize
danger to innocent bystanders;
3.
Officers shall not fire their weapons from a moving vehicle or at a
moving vehicle except as allowed under S.O.P. B5-2; and
4.
Facts unknown to an officer, no matter how compelling, cannot be
considered in later determining whether the use of lawful force,
particularly that of deadly force, was justified.
Participant's Follow-up Report
1.
Anytime any officer of the Agency employs force where injury or
death results, whether on or off duty, the officer shall prepare and
submit an investigative report through the proper channels as soon
as possible. This investigative report shall include the officer's
evaluation of the situation at the time of the incident, the weapon or
instrumentality involved, any injuries or property damage, etc., the
name and address of any injured persons or witnesses, and the
extent and/or treatment of any injuries (See S.O.P. B4-3 Critical
Incident Management).
2.
All incidents involving the use of force shall be reviewed by the
appropriate authority to determine:
3.
F.
a.
If action was within the Agency rules, policy and procedures;
b.
If relevant policy was understandable and effective to cover
the situation; and
c.
If training was adequate.
All findings of policy violation or training inadequacies shall be
reported in order for appropriate action to be taken.
Training and Qualifications
1.
The Use of Non-deadly Force or Weapons:
Section B Chapter 4
Use of Force
Page 7
a.
An officer is not permitted to use non-deadly force or a
weapon unless qualified in its proficient use as determined
by training procedures.
b.
The following non-deadly weapons and methods are
authorized:
1)
2)
3)
2.
G.
IV.
Expandable Batons
Oleoresin Capsicum
Advanced Taser)
Deadly Weapons:
a.
While on-duty, officers shall carry only weapons and
ammunition authorized by the Director of Public Safety
b.
The agency shall schedule regular training and qualification
sessions for duty weapons and specialized weapons, which
will be graded on a pass/fail basis.
c.
Officers failing to receive a passing score shall be
immediately re-assigned to non-enforcement duties. See
S.O.P. B3-1 Weapons Qualification.
d.
An officer who has taken an extended leave or suffered an
illness or injury that could affect his/her firearms ability will
be required to qualify before returning to enforcement
duties.
Agency Response
1.
When an officer's use of force causes death, the officer shall be
placed on either administrative leave or in-house administrative duty
in accordance with S.O.P. B4-3.
2.
The Agency will respect the rights of the federal government to
conduct an independent investigation to identify any civil rights
violations that may have occurred. The Agency will not order or
request any of its members who may be suspect to confer with
federal investigators without the advice of counsel.
Section B Chapter 4
Use of Force
Page 8
_____________________
City Manager
Chris Hobby
_______________________
Larry Funderburke
Section B Chapter 4
Use of Force
Page 9
B4-1 USE OF NON-DEADLY FORCE / INTERNAL PROCEDURES
INTRODUCTION
This procedure is intended to apply to the reporting requirements dealing with the use of
force to overcoming resistance to arrest or defense against physical assault. This
procedure shall supplement procedures for use of deadly force. (See S.O.P. B4-5 Use of
Chemical Weapons, Oleoresin Capsicum (OC Spray).
NOTE: Use of deadly force in which no injury occurs and/or no property damage
occurs will still be investigated as in this section.
Reporting Requirements
A.
Notification of Supervisor
The shift supervisor, or available supervisor in his/her absence, shall be
immediately informed of each incident involving the use of force by officers of the
Agency.
B.
Restraining Force
Determining the charge against a suspect and preparing the necessary reports will
be the responsibility of the arresting officer and his/her supervisor.
C.
Physical-Defensive Force
Each case involving the use of physical or defensive force shall be reported on the
Agency’s Use of Force Report form.
D.
1.
The Use of Force Report shall be completed and delivered to a supervisor
as soon as possible after the incident.
2.
Each officer present or assisting in an arrest or incident requiring force
shall submit a supplemental report describing the incident.
Supervisors' Responsibilities
1.
Restraining Force
Upon notification of the use of restraining force by subordinate personnel, a
supervisor shall investigate the incident. When use of restraining force has been
Section B Chapter 4
Use of Force
Page 10
made necessary by resistance without violence, and when no injuries are claimed,
reports of the use of restraining force shall not be required. The arrest incident
and resisting arrest charges shall be left to the discretion of the arresting officer
and supervisor.
2.
Physical-Defensive Force
Upon notification of the use of physical or defensive force by subordinate
personnel, a supervisor shall initiate an investigation into the incident:
E.
a.
The supervisor shall review the Use of Force Report describing the
use of force;
b.
The supervisor shall address a memorandum to the Division
Commander notifying them of any facts not covered in the official
report; and
c.
In the absence of any discrepancies or additional facts, the
supervisor's memo shall notify that a supervisory investigation has
been conducted and that facts are as reported in the official Use of
Force Report.
3.
The supervisory memo and a copy of the Use of Force Report shall be
forwarded to the Director of Public Safety through the chain of command
without delay.
4.
The supervisory memo shall be titled with the type of force used (e.g.
restraining, physical, defensive, or deadly), followed by the case number.
Property Damage
Upon notification of property damage resulting from a use of force incident, a
supervisor shall investigate the incident fully. A detailed accounting to include the
property owner and the extent of damage will be prepared and handled as in
section B above.
Section B Chapter 4
Use of Force
Page 11
B4-2 INVESTIGATION OF OFFICER INVOLVED IN DEADLY FORCE INCIDENTS
INTRODUCTION
This procedure establishes responsibilities and duties concerning the investigation into the
use of deadly force incidents, in which injury occurs. This includes, but is not limited to,
the use of firearms. The investigative procedures used, coupled with the subsequent
adjudication process, are the most important elements in maintaining the confidence of the
public and employees if the actions of an officer are in question.
A.
Responsibilities and Duties of Involved Officer
1.
When deadly force is used and results in an injury, upon first opportunity
after the scene is secured, the officer shall immediately:
a.
When a firearm is involved, holster the weapon, without unloading,
or reloading it;
b.
Determine the physical condition of any injured person and render
first aid;
c.
Request emergency medical aid;
d.
Notify the Communications Center of the incident and location; and
e.
Detain all witnesses.
2.
Unless injured, the officer will remain at the scene until the arrival of the
appropriate investigators. However, if the circumstances are such that the
continued presence of the officer at the scene might cause a more hazardous
situation to develop (e.g., violent crowd), the ranking commanding officer at the
scene shall have the authority to instruct the officer to move to another, more
appropriate location.
3.
The officer shall protect his/her weapon for examination and submit it to the
appropriate investigator.
4.
The officer shall prepare a detailed report of the incident.
5.
The officer shall not discuss the case with anyone except:
Section B Chapter 4
Use of Force
Page 12
B.
a.
Supervisory and assigned investigative personnel;
b.
The assigned District Attorney;
c.
d.
His attorney; and/or
Mental health professional.
Responsibility of the Communications Center
Once the communications center is notified, it shall:
1.
Dispatch requested medical aid;
2.
Notify the on-duty patrol shift supervisor;
3.
4.
C.
Notify the Director of Public Safety, or in his/her absence, the
Division Commander to which the officer is assigned; and
Notify the designated investigative unit(s).
Uniformed Patrol Commander
The Uniformed Patrol Commander shall:
D.
1.
Proceed immediately to the scene;
2.
Secure the scene;
3.
Conduct a preliminary field investigation;
4.
Render command assistance to the assigned investigator(s);
5.
Assist the involved officer(s); and
6.
Submit a detailed written report of the results of the investigation to
the Director of Public Safety or his/her designee.
Investigative Responsibility
1.
Investigations of deadly force incidents in which injury or death
occur will be directed by the Criminal Investigation Division or the
GBI;
2.
All required written reports will be submitted without delay to the
Section B Chapter 4
Use of Force
Page 13
Director of Public Safety in original form;
E.
F.
3.
The Director of Public Safety is responsible for notifying the
governing authority of the incident;
4.
Upon approval of the Director of Public Safety, any comments given
the news media will be limited to the basic facts of the incident
without speculation or expression of opinion.
Treatment of Officer (See S.O.P. B4-3)
1.
In every instance in which an officer uses deadly force, where such use
results in death or serious bodily injury to another person, the officer will be
immediately relieved of normal duty.
2.
The officer shall be available at all times for official interviews and
statements regarding the case, and shall be subject to recall to normal duty
at any time after the preliminary investigation.
3.
Assignment to a "relieved of normal duty" status shall be non-disciplinary,
with no loss of pay or benefits.
4.
Relief from normal duty (the officer may be assigned administrative duties)
serves two purposes:
a.
To address the personal and emotional needs of an officer involved
in the use of deadly force in which injury or death occurs; and
b.
To assure the community that all the facts surrounding such
incidents are fully and professionally explored and verified.
If the preliminary investigation discloses a question about the officer's actions in
the incident, then the appropriate guidelines regarding the rights of the accused will
be followed.
Section B Chapter 4
Use of Force
Page 14
B4-3 CRITICAL INCIDENTS / POST CRITICAL INCIDENTS
The following are strategies for dealing with stress inherent in critical incidents involving
officers.
I.
PURPOSE
A.
Provide administrators, supervisors and fellow officers with methods to facilitate
understanding and recognition of the psychological dynamics of critical incident
trauma.
B.
Establish guidelines that have been field tested and found to address both the
personal and emotional needs of the officer and to assure the community all the
facts surrounding the incident are being fully explored and verified.
C.
Address both the legal and safety issues for both the officer and the community.
II.
PROCEDURES
A.
If not injured, the officer will complete all of the necessary procedures to safeguard
evidence at the scene and complete proper reports required to document the facts
of the incident.
B.
The designated Criminal Investigations Division Officer shall investigate all
incidents in which an officer’s actions precipitated the incident resulting in critical
injury or death.
C.
The officer involved shall be placed on either mandatory administrative leave with
pay or in-house administrative duty by the Director of Public Safety immediately
following the incident.
D.
The Director of Public Safety will determine the appropriateness and the duration
of extended mandatory administrative leave based upon the findings of the
preliminary criminal investigation and the recommendation of the mental health
professional regarding the officer's readiness for field assignment.
E.
When faced with a catastrophic life event or major change, an officer may
experience great difficulty in appropriately dealing with his/her feelings and
emotions. Some of the signs of an officer's inability to deal appropriately with a
traumatic incident are:
Section B Chapter 4
Use of Force
Page 15
1.
Continuation and intensification of post-incident symptoms such as:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Heightened sense of danger/vulnerability;
Fear and anxiety about future encounters;
Anger/rage;
Nightmares;
Flashbacks/intrusive thoughts of the incident;
Sleep difficulties;
Depression;
Guilt;
Emotional numbing;
Isolation and emotional withdrawal;
Sexual difficulties;
Stress reactions (e.g., headaches, indigestion, muscle aches,
diarrhea/constipation);
Anxiety reactions (e.g., difficulty concentrating, excessive worry,
irritability, nervousness); and
Family problems.
2.
Excessive stress and anxiety reactions;
3.
Continual obsession with the incident;
4.
Increased absenteeism, burnout/drop in productivity;
5.
Increase in anger and irritability;
6.
Under reaction;
7.
Risk taking;
8.
Increase in family problems; and/or
9.
Alcohol/drug abuse.
NOTE: When faced with a catastrophic life event or a transition,
human beings go through five distinct phases in their coping
process. These phases are:





denial and isolation;
anger and resentment;
bargaining;
depression; and finally
acceptance.
Section B Chapter 4
Use of Force
Page 16
F.
The following guidelines have been found to alleviate much of the stress
associated with the aftermath of a shooting. To enable the officer to feel
supported and to reduce the amount of overall trauma, these guidelines have been
approved by the International Association of Chiefs of Police (IACP) Police
Psychological Services Section:
1.
At the scene, show concern and understanding. Give mental and physical
first aid.
2.
After obtaining necessary on-scene information, provide a psychological
break by getting the officer some distance from the scene. The officer
should be with a supportive friend or supervisor and return to the scene
only if necessary.
3.
With some officers it is important to explain what administrative procedures
will occur during the next few hours and over the next day. This will help
the officer realize that the handling of the investigation of the incident is
standard operating procedure.
4.
If the incident involves the officer's service weapon, it is to be taken (as
evidence) and replaced with another weapon as soon as possible, if
feasible.
5.
Before undergoing a detailed interview, the officer should have some
recovery time in a secure setting where he/she is insulated from the press
and curious officers.
6.
If the officer is not injured, the officer or Agency should contact the family
(via phone call or personal visit) and let them know what happened before
they hear rumors and receive phone calls from others. If the officer is
injured, an Agency member familiar with the family should offer to transport
the family to the hospital.
7.
For the officer(s) who fired a weapon, there should be a mandatory (to
defuse stigma), confidential (trauma) debriefing with knowledgeable mental
health professional prior to returning to duty. The debriefing should take
place as soon after the shooting as is practical, ideally within 24 hours and
no later than 48 hours. Fitness to return to duty and/or any need for followup sessions should be determined by the mental health professional.
8.
Everyone at the scene, including the dispatcher, should have a separate
debriefing. During this debriefing it should be noted that anyone at the
scene could experience a significant emotional reaction and should consult
Section B Chapter 4
Use of Force
Page 17
with the mental health professional within 48 hours. Follow-up sessions for
other personnel may also be appropriate.
9.
The opportunity for family counseling (spouse, children, and significant
other) shall also be made available.
10.
An administrator or supervisor should brief the rest of the Agency, or shift,
about the incident. This should prevent the officer from being inundated
with questions and it should hold rumors in check.
11.
Expedite the completion of administrative and criminal investigations and
advise the officer of the outcomes.
12.
The officer, upon being placed on administrative leave, will automatically be
assigned to the appropriate ranking officer for the duration of his/her
administrative leave. During this time, the officer shall maintain regular
contact with this ranking officer.
Section B Chapter 4
Use of Force
Page 18
B4-4 ECD/ADVANCED TASER
I.
PURPOSE
This policy sets forth the Bainbridge Public Safety policy regarding the Electronic
Control Device / ADVANCED TASER.
INFORMATION
The Advanced Taser is the only Taser or other electrically charged defensive weapon
authorized for use by officers of the Bainbridge Public Safety Department. No other
taser, stun gun, or similar device shall be used by any officer of this department.
Violation of this policy may result in disciplinary actions, which may include the
offending officer having his authorization to carry the Advanced Taser revoked or
suspended.
The ADVANCED TASER is deployed as an additional police tool and is not intended to
replace firearms or self-defense techniques.
The ADVANCED TASER may be used to control dangerous or violent subjects when
deadly physical force does not appear to be justified and/or necessary; or attempts to
subdue the subject by other conventional tactics have been or will likely be, ineffective in
the situation; or there is reasonable expectation that it will be unsafe for officers to
approach within contact range of the subject.
Each ADVANCED TASER has a data port that stores the date and time of each firing of
the weapon. The data protects the officer from claims of excessive force by providing
complete and accurate documentation of each firing.
The ADVANCED TASER falls into the category of Less Lethal force technology and
equipment, defined as:
Those items, which when used properly, are less likely to result in death or
serious physical injury than force commonly referred to as "deadly".
Less Lethal Force is defined as force used to subdue or render a subject non threatening, with a lower probability of effecting fatal consequences.
The ADVANCED TASER fires two probes up to a distance of 21 feet from a replaceable
Section B Chapter 4
Use of Force
Page 19
cartridge. These probes are connected to the weapon by high voltage insulated wire.
When the probes make contact with the target, the ADVANCED TASER transmits
powerful electrical pulses along the wires and into the target through up to two inches of
clothing. The pulses send 26 watt electrical signals to temporarily override the central
nervous system and directly control the skeletal muscles. This causes an uncontrollable
contraction of the muscle tissue, allowing the ADVANCED TASER to cause temporary
physical debilitation to a person, regardless of the person’s pain tolerance or mental
focus.
II.
PROCEDURE
A.
The ADVANCED TASER shall be issued to and used only by officers who have
completed the User Training Program or the Taser International Instructor
Training program. Part of the training shall consist of officers being personally
exposed to the effects of the Advanced Taser.
B.
Officers who wish to continue carrying the Advanced Taser shall attend annual
re-training on the Taser as approved by the Director of Public Safety. Any officer
who fails to attend such training shall have his/her authority to carry the weapon
revoked until he/she successfully completes such mandatory re-training. If an
officer who fails to attend the annual re-training is carrying a department issued
Taser, he/she shall immediately surrender it to the Training Unit upon notice of
his/her failure to attend the re-training.
C.
Only properly functioning and charged ADVANCED TASERS shall be carried on
duty.
D.
Each discharge, including accidental discharges, of an ADVANCED TASER shall
be investigated and documented. A Use of Force Report and Supervisory
Taser Use Report shall be completed after each use of the Advanced Taser.
Discharges of the Advanced Taser during an approved training session will not
require routine completion of these forms or further investigation unless and
injury occurs during the training session.
E.
The Advanced Taser is programmed to deliver a 5-second "electrical current."
The officer using the weapon can shorten the automatic 5 - second cycle by
turning the weapon off. It is recommended that during field deployment and
use of the weapon, the full 5 - second cycle is delivered to gain maximum
effectiveness and compliance of the subject Tasered.
F.
NEVER aim the Advanced Taser at the eyes or face. The top probe will follow
the front and rear sights and the laser sight. The bottom probe will travel at an 8
degree downward angle below the aim point/laser sighted area. The bottom
probe will drop approximately 1 foot for every 7 feet it travels from weapon to
Section B Chapter 4
Use of Force
Page 20
target.
G.
DO NOT fire the Advanced Taser near flammable liquids or fumes. The
Advanced Taser can ignite gasoline and other flammables. Do not deploy
the Advanced Taser in highly flammable atmospheres such as meth labs. Some
chemical self-defense sprays are flammable and should not be used in
conjunction with the Advanced Taser. Therefore, no chemical self-defense
sprays should be used unless approved and issued by Bainbridge Public
Safety.
H.
Replace the cartridges by the expiration date. All expired cartridges will be
turned into the Training Unit and replaced with new cartridges. Expired
cartridges will be used by the Training Unit for training exercises.
FIELD OFFICER RESPONSIBILITIES (Not issued an Advanced Taser)
A.
Upon encountering a situation which may require the use of the Advanced Taser,
request a supervisor and an officer equipped with an Advanced Taser.
B.
When practical, do not escalate the situation before arrival of a supervisor and
Taser Officer.
ADVANCED TASER EQUIPPED OFFICERS
A.
Carry the Advanced Taser on duty unless specifically exempted by higher
authority.
B.
The Advanced Taser shall be carried in the issued holster in a “cross draw”
fashion on the officers weak hand side. This will be to prevent the accidental
mistaking of Advanced Taser and the officer’s duty weapon.
C.
If the officer desires to carry a holster other than the issued holster he/she must
first assure the holster is recommended by Taser International for use. The
officer may then request authorization from the Training Officer to use a
recommended holster. The officer will be required to purchase any additional
holsters other than the one provided by the department, if they are approved to
carry the Advanced Taser in another holster.
D.
When not in use the Advanced Taser shall be secured properly in a carrying
case or holster and treated as a weapon.
E.
Ensure the batteries of the Advanced Taser are properly charged.
1.
When checking the batteries, the air cartridge must be removed.
Section B Chapter 4
Use of Force
Page 21
2.
F.
G.
A blinking LED light indicates the batteries are good.
Upon the request for a Taser, the closest officer equipped with the Advanced
Taser shall respond to the scene of the requesting officer.
After discharging an Advanced Taser, the officer shall request a supervisor to
the scene if one is not present. Although preferable to wait for a supervisor's
arrival prior to use of the Taser, deployment and use is at the discretion of the
trained officer.
H.
Before discharging the Advanced Taser, the officer shall state "TASER" so
other officers on the scene are aware that use of the Advanced Taser is
imminent.
I.
The air cartridge and several AFID markers shall be retained and submitted as
evidence. The officer should wear protective latex gloves when handling the
probes due to the potential biohazard. The wires shall be broken away from the
cartridge and probes, and then discarded. The probes shall be disposed of in the
sharps instrument box on the responding ambulance. The cartridge and AFID
evidence shall be placed in an evidence envelope and appropriately packaged
and stored.
TREATMENT OF PERSONS SUBJECTED TO THE ADVANCED TASER
A.
After securing the subject in handcuffs and other appropriate restraints, the
Taser officer shall call for an ambulance to respond to the scene. The officer
shall then remove the probes using prescribed methods. However, if the probes
imbed in soft tissue areas, (such as eyes, head, neck, breast, or genital areas)
the officer shall require the subject to be treated at a hospital and the probes
removed only by medical personnel.
B.
Removal of Probes: (The cartridge shall be removed from the Advanced Taser,
prior to removal of probes.)
1.
Officer shall use medical latex gloves.
2.
The officer shall place one finger on either side of the probe and stretch
the skin taut.
3.
Using a brisk pull, the officer shall pull the probe out of the subject.
4.
The puncture site shall be wiped with a sterile alcohol swap and an
adhesive bandage applied to the site if needed.
Section B Chapter 4
Use of Force
Page 22
5.
Alcohol swabs, gloves and bandage packaging shall be disposed of in a
biohazard bag or receptacle. If appropriate, the biohazard receptacle on
the ambulance can be used.
C.
Once in custody, the arresting officer shall advise the paramedic or emergency
room staff that the person has been subjected to the Advanced Taser and relate
the time of the incident. If the probes penetrate the skin, the puncture sites shall
be brought to the attention of the emergency room staff, paramedic and officer's
supervisor.
D.
After examining the affected person, the paramedics will make the determination
if the person should be transported to the hospital for additional treatment.
E.
If treatment, including removal of probes, is administered at a medical facility,
officers should follow department procedures for evidence retention at a medical
facility.
F.
In no case shall the suspect be transported to jail or other detention facilities until
they have been cleared by the on scene paramedics or emergency room
personnel.
G.
Officers must be aware that one easily overlooked aspect of injury in subjecting
a subject to the Advanced Taser is that of falling from a standing position.
Paramedics should perform a thorough physical examination with particular
emphasis on secondary injuries.
H.
Photographs of Advanced Taser application site and any secondary injuries
should be taken on scene and submitted with the incident and Use of Force
reports.
USE OF FORCE ISSUES
A.
The use of the Advanced Taser constitutes Use of force.
B.
The Advanced Taser shall not be used for the passively resistant subjects.
Active resistance/active aggression shall be required.
C.
When practical use of the Advanced Taser will come before chemical selfdefense sprays, due to the lack of a detoxification time that chemical selfdefense sprays require.
D.
The Advanced Taser may be used from up to 21 feet away when:
1.
The suspect is punching or kicking, or
Section B Chapter 4
Use of Force
Page 23
2.
Threatening to punch or kick, or
3.
Lesser force options are ineffective, or
4.
Likely to be ineffective, or
5.
The officer reasonably believes the suspect is a credible threat, or
6.
The suspect is a threat from a distance and the officer is at risk of injury if
he/she attempts to close the gap.
7.
Other deployment considerations include:
a.
b.
c.
d.
e.
7.
Officer/Subject factors that may be considered:
a.
b.
c.
d.
e.
f.
8.
Imminent threat to officers or others
Suspect actively resisting arrest.
Circumstances are tense, uncertain and rapidly evolving.
Severity of the crime.
Attempting to evade by fight.
Age
Sex
Pregnancy (avoid use if possible on late term women as the
Advanced Taser could cause complications from a secondary
injury or fall.)
Skill level
Multiple subjects/officers
Relative Strength
Special Circumstances
a.
Closeness of weapon
b.
Injury or exhaustion of officer
c.
Officer on ground
d.
Distance between officer and subject
e.
Special knowledge
f.
Availability of other options.
TRAINING UNIT RESPONSIBILITIES
A.
MAINTENANCE
1.
The Training Unit shall receive, inspect and ensure the maintenance and
Section B Chapter 4
Use of Force
Page 24
replacement of the Advanced Taser devices assigned to department
personnel.
B.
2.
Maintain an adequate supply of batteries, and air cartridges for
replacement.
3.
Return defective or damaged Advanced Tasers and cartridges to
supplier.
4.
Obtain service and or replacement for defective or damaged Advanced
Taser components from the supplier.
TRAINING
1.
Provide annual retraining to certified users and instructors.
2.
Coordinate training for certification as requested by need of the patrol
division or other divisions within the department.
3.
Review copies of the Supervisory Taser Use Report for completeness.
4.
Maintain training updates from Taser international and distribute updates
to all department members who are Advanced Taser Instructors.
Section B Chapter 4
Use of Force
Page 25
B4-5 USE OF CHEMICAL WEAPONS / OLEORESIN CAPSICUM (OC)
I.
PURPOSE
It is the policy of the Agency to provide training, certification, use, decontamination,
maintenance, and storage of Oleoresin Capsicum aerosol spray by employees of
the Agency.
The Agency provides officers with OC spray (pepper spray) so that officers may
successfully defend themselves from combative, resisting, and/or violent
individuals while reducing the risk of inflicting or receiving injury. OC is not
necessarily a replacement or substitute for other authorized devices and
techniques. Therefore, OC should only be used when the officer believes it is the
best choice for the circumstances.
As with any use of force, officers are accountable for the use of OC. The use of
OC is classified as a use of force. Consequently, officers will complete a use of
force report any time OC is used. (See S.O.P. B4-1 Use of Non-Deadly
Force/Internal Procedures.)
II.
AGENCY APPROVED OLEORESIN CAPSICUM AEROSOL SPRAY:
BODY GUARD is the only personal size pepper spray authorized by the Agency
for officers to carry.
III.
TRAINING
Officers must successfully complete the Agency approved or Basic Mandate OC
training prior to being issued OC spray.
This training will expose the officer to the effects of the OC spray.
IV.
PROCEDURES
A.
Utilization Procedures:
Trained officers may utilize OC when physical force is necessary under the
prevailing circumstances. The following are examples of situations when
OC may be used:
Section B Chapter 4
Use of Force
Page 26
1.
Where verbal direction is ineffective or inappropriate;
2.
Where passive resistance techniques have failed and officers may
have to use physical force to maintain control;
3.
Where the officer could reasonably use an impact weapon as a
striking tool and not merely as a restraint device; and/or
4.
Where the officer could reasonably use deadly force.
NOTE: OC may be used to effect the removal of a person(s) from a
vehicle who refuse to exit when lawfully commanded to do so by an
officer and active physical resistance is used by the person(s).
Officers should avoid the use of OC areas where the use could reasonably
and foreseeable cause panic. OC spray will only be used as a control and
compliance measure and shall never be used for any illicit or unlawful
purpose.
B.
Decontamination Procedures:
After control has been established and/or resistance ceased, the officer will make
reasonable efforts to allow the OC affected subject relief from the discomfort
associated with the application.
1.
After the suspect has been brought under control, restraints applied, and
the suspect no longer presents a threat to the officer or others; the officer
will then render appropriate first aid to the suspect;
2.
Arrange for professional medical attention (EMS) as soon as practical;
NOTE: The EMS personnel should determine if the suspect needs to
be transported to a hospital or other medical facility for further
medical evaluation.
3.
If reasonable, the person will be transported immediately to the police
department or county jail. If it is not reasonable to transport the person ,
the person should be moved to an area with fresh air;
4.
Keep the person calm by explaining the anticipated effects;
5.
Instruct the person to blow his/her nose;
6.
Allow affected person to flush eyes and affected area with water; and
Section B Chapter 4
Use of Force
Page 27
7.
C.
Open doors and windows as soon as practical after usage inside a building
or vehicle.
Documentation Procedures:
On each occasion of OC use, a written Use of Force Report will be completed.
See S.O.P. B4-1 Use of Non Deadly Force/Internal Procedures.
GENERAL ORDER
ISSUED:
EFFECTIVE:
11/28/2006
Immediately
SUBJECT:
CANCELS:
Vehicle Operations
REFERENCE:
OCGA 40-6-6
GACP Sample Policy
AMENDS:
DISTRIBUTION:
INDEX SECTION:
All
B-5
INDEX
I.
PURPOSE
II.
DEFINITIONS
III.
A.
Vehicle Responsibility
B.
Routine Patrol
C.
Safety Rules
D.
Pacing
E.
Emergency Operations of Law Enforcement Vehicles
F.
Intra-Inter-Jurisdictional Pursuits
G.
Emergency Vehicle Speed/Safety During Pursuits
H.
Law Enforcement Involved Pursuit Investigation
I.
Training
J.
Accident Investigations Involving Agency Vehicles
K.
Vehicle Accident Review Board
Section B Chapter 5
Vehicle Operations
Page 2
IV.
S.O.P. B5-1 VEHICLE MAINTENANCE
S.O.P. B5-2 VEHICLE PURSUIT ACTIONS
S.O.P. B5-3 USE OF ROADBLOCKS
S.O.P. B5-4 INTER-JURISDICTIONAL PURSUIT POLICY
S.O.P. B5-5 VEHICLE ACCIDENT REVIEW BOARD
Section B Chapter 5
Vehicle Operations
Page 3
I.
PURPOSE
A.
Establish and prescribe guidelines and procedures for all government
owned vehicles operated by members of the Agency in the performance of
their duties. To include:
• Vehicle maintenance;
• Pursuit driving;
• Use of roadblocks;
• Inter-jurisdictional pursuit policy; and
• Vehicle Accident Review Board.
B.
Establish a standard operating procedure for Agency vehicle maintenance.
C.
Establish a standard operating procedure for use in pursuit situations.
D.
Establish a standard operating procedure governing the type and use of
roadblocks.
E.
Establish a standard operating procedure governing inter-jurisdictional
pursuits.
F.
Establish a standard operating procedure for a vehicle accident review
board.
II.
DEFINITIONS
ASSISTING AGENCY - The Law Enforcement Agency with a vehicle actively
involved in another Agency's pursuit.
BOXING-IN - A technique where vehicles responding to assist in a vehicle pursuit
concentrate on covering streets parallel to the one the pursuit is on, thus creating a
"boxing in" effect.
BLOCKING OR ROLLING ROADBLOCK - A technique designed to stop a
violator's vehicle by surrounding it with law enforcement vehicles and then slowing
all vehicles to a stop without making actual contact with the violator's vehicle.
CHANNELIZATION - A technique similar to a roadblock where objects are placed
in the anticipated path of a pursued vehicle to alter its direction.
CREATING SLOW MOVING TRAFFIC - The slowing of the normal flow of traffic.
Patrol vehicles not involved in the pursuit enter the roadway at least two miles
ahead of the violator. By slowing the flow of normal traffic, the violator and pursuit
vehicle are forced to reduce their speed.
DUE REGARD - When a reasonably careful person, performing similar duties
Section B Chapter 5
Vehicle Operations
Page 4
under similar circumstances, would act in the same manner.
EMERGENCY - A situation in which there is a high probability of death or serious
injury to an individual or significant property loss.
EMERGENCY LAW ENFORCEMENT VEHICLE - A law enforcement vehicle
equipped with a siren and one or more blue lights which can be operated as an
emergency vehicle.
FORCIBLE STOP - An attempt to prevent the continued movement of a fleeing
vehicle through the use of roadblocks, boxing-in, ramming, channelization, or
creating slow moving traffic.
INITIATING AGENCY - The Law Enforcement Agency which originally attempted
to stop the driver of an actively fleeing vehicle.
INTER-JURISDICTIONAL PURSUIT AGREEMENT - A document signed by the
Director of Public Safety of each participating Law Enforcement Agency which
coordinates procedures to be followed when a pursuit involves two or more
agencies.
MOTOR VEHICLE PURSUIT - An active attempt by an officer in an authorized
emergency vehicle to apprehend the occupant(s) of a moving vehicle, providing
the driver of such vehicle is aware of the attempt and increases his/her speed,
takes other evasive actions to avoid apprehension, or refuses to stop while
maintaining a legal speed.
PACING - The positioning of a law enforcement vehicle at a stable, fixed distance
behind a speeding vehicle at a constant speed to measure its speed.
PRIMARY PURSUING VEHICLE - The law enforcement vehicle that initiates the
pursuit or any other vehicle that assumes control of the pursuit.
RAMMING - The deliberate act of impacting a violator's vehicle with another
vehicle to functionally damage or otherwise force the violator's vehicle to stop.
ROADBLOCK - Any method, restriction, or obstruction utilized or intended to
prevent free passage of motor vehicles on a roadway in order to apprehend the
driver/passengers in a particular motor vehicle.
SECONDARY PURSUIT VEHICLE - The law enforcement vehicle that trails the
primary pursuit vehicle at a safe distance and that is immediately available to
assume the primary role or assist when the fleeing vehicle stops.
SERIOUS FELONY - A felony that involves an actual or threatened action that the
officer has reasonable cause to believe could result or has resulted in death or
serious bodily injury (e.g., aggravated assault, armed robbery, murder, rape).
Section B Chapter 5
Vehicle Operations
Page 5
SUPERVISOR - The superior officer responsible for the immediate supervision of
the patrol vehicles.
III.
A.
An officer shall be familiar with his/her assigned vehicle, its capabilities,
limitations, and daily operational status.
B.
Routine Patrol
During routine patrol, an officer's responsibility to exercise due care is no
different from that of every other citizen. Good driving habits and courtesy
toward other drivers or pedestrians should always be practiced.
C.
Safety Rules
1.
When operating an emergency vehicle, an officer must have the
vehicle under control and be prepared to yield the right of way.
2.
When an officer receives information indicating that an emergency
exists, his/her primary duty is to arrive at the site of the emergency
as safely as conditions permit.
3.
Seat belts shall be fastened when operating a law enforcement
vehicle.
4.
An officer should not drive up immediately behind another vehicle
and sound the siren. The motorist may suddenly stop.
5.
An officer should not pass to the right of a vehicle in traffic, unless
absolutely necessary.
6.
An officer may fluctuate the sound of the siren so that the
emergency vehicle can be heard.
7.
An officer shall always maintain adequate radio volume and remain
aware that the Communications Center may wish to relay additional
information while the vehicle is being operated in an emergency
status.
8.
When an officer approaches an intersection extreme caution shall
be used:
a.
The vehicle should be slowed to a normal speed when
Section B Chapter 5
Vehicle Operations
Page 6
approaching an intersection and it should be crossed with
the light;
D.
E.
b.
When it is necessary to enter an intersection against the
light, all emergency vehicles should come to a complete
stop to insure all traffic has seen the vehicle before crossing
the intersection; and
c.
The above sections, a and b, also apply to STOP signs.
Pacing
1.
Pacing is not an emergency operation. Therefore when pacing a
traffic violator, an officer may operate without emergency
equipment engaged.
2.
Officers, while pacing a traffic violator, may exceed the speed limit
to establish a pace, but must do so with due regard to the safety of
others.
Emergency Operations of Law Enforcement Vehicles
1.
Vehicles involved in or responding to emergency operations will not
exceed more than ten (10) mph above the posted speed limit.
2.
Only marked vehicles with roof-mounted emergency light systems
should engage in a pursuit.
3.
Marked vehicles without roof-mounted emergency light systems will
discontinue the pursuit when a marked vehicle with roof-mounted
lights assumes the pursuit.
4.
Unmarked vehicles will not become involved in any pursuit unless it
involves a serious felony and the unmarked vehicle is the initiating
vehicle. No unmarked vehicle, without both blue lights and siren,
will become involved in pursuits.
5.
Special vehicles (e.g., paddy wagons, crime scene units, etc.)
should not engage in pursuits.
6.
Vehicles that are transporting prisoners, witnesses, suspects,
complainants, or passengers will not engage in pursuits.
7.
Considerations (Emergency Use).
Before engaging in the emergency use of a vehicle, several factors
in addition to vehicle control, due regard and true emergency
Section B Chapter 5
Vehicle Operations
Page 7
considerations must be weighed. Typical examples include but are
not limited to:
7.
a.
The type and condition of the vehicle being operated;
b.
The type and condition of the roadway to be traveled and
the officer's familiarity with it;
c.
Obstacles, both present and potential that must be avoided
(e.g., foreign objects on the roadway, construction, gravel,
standing water, etc.);
d.
Experience and the training of the officer in a high speed
vehicle operation;
e.
The nature of the offense and the circumstances known
concerning the manner in which the call was relayed to the
communications’ center;
f.
The time of day, amount and type of traffic encountered (the
potential danger to the officer and other drivers operating at
a high speed);
g.
Visibility and illumination available to the officer in the area
being traveled; and
h.
Existing weather conditions and roadway surfaces.
Emergency Use of Vehicles
The driver of any law enforcement vehicle responding to an
emergency call shall use the blue light and siren. If the siren would
warn of the officer's approach and aid in a violator's escape or
endanger the life of other persons, the siren may be disengaged
upon approaching within audible range. At that time, the officer
shall cease emergency vehicle operating status by slowing speed to
normal and disengaging emergency equipment.
8.
Emergency Escort Prohibited
Members of this Agency will not attempt to escort other emergency
vehicles or private vehicles on an emergency run. However,
assistance may be given by blocking dangerous intersections to aid
in the movement of such vehicles.
F.
Intra-Inter-Jurisdictional Pursuits (See S.O.P. B5-4)
Section B Chapter 5
Vehicle Operations
Page 8
G.
Emergency Vehicle Speed/Safety during Pursuits
During pursuits, excessive speed and carelessness shall not be permitted
nor will they warrant the risk involved. Speeds during pursuits and
responding to emergency operations will be limited to ten (10) mph over the
speed limit.
H.
Law Enforcement Involved Pursuit Investigation
In addition to normal reporting procedures, an internal investigation will be
made of all law enforcement officers who are involved in vehicle pursuits.
I.
Training
Training shall cover three areas:
IV.
1.
Patrol or Defensive Driving: Ordinary driving for going from one
point to another. The emphasis is on driving safely to prevent any
type of accidents;
2.
Emergency Driving: Driving which requires the use of emergency
warning devices (audible and visible) in order to be exempted from
rules of the road, while exercising due caution and regard for the
safety of other vehicles; and
3.
Pursuit Driving: In contrast to emergency driving, the officer makes
independent decisions on speed, direction and routes, with little
choice except to remain close to the car that is being pursued.
J.
Accident Investigations Involving Agency Vehicles (See S.O.P. B5-5)
K.
Vehicle Accident Review Board (See S.O.P. B5-5)
_____________________
City Manager
Chris Hobby
_______________________
Larry Funderburke
Section B Chapter 5
Vehicle Operations
Page 9
B5-1 VEHICLE MAINTENANCE
INTRODUCTION
One of the basic rules of safe vehicle operation is that the officer be familiar with both the
vehicle and its capabilities. The day to day condition of the vehicle is of paramount
importance for safe operation, with the final responsibility for care resting on the officer
who operates the vehicle.
INSPECTION
Each officer of the Agency who will operate a vehicle during his/her tour of duty must
check the following on the assigned vehicle.
1.
2.
Prior to use, the following items shall be checked daily by the officer:
a.
Proper inflation and condition of tires;
b.
Brakes, lights, windshield wipers and washers, horn, emergency
equipment, and other electrical equipment;
c.
Damage to exterior and interior of the vehicle;
d.
Mechanical defects. Certain conditions such as a defective exhaust,
steering mechanism irregularities, alignment, or other mechanical defects
can only be discovered after the vehicle is operational; and
e.
These conditions, or any of the above not readily corrected shall be
immediately reported to the shift supervisor on duty and a report filed. An
employee shall not operate an unsafe vehicle.
Prior to use, the following items shall be checked as needed by the officer:
a.
Cleanliness, particular attention should be given to any loose items inside
the vehicle that have the potential to be used as a weapon against the
operator or would hinder the safe operation of the vehicle;
b.
Gauges, to keep the vehicle within the proper operating ranges;
c.
Condition of spare tire and other necessary equipment;
d.
Oil and water (each time the vehicle is refueled);
e.
Routine maintenance schedule (oil, filter, and lube).
Section B Chapter 5
Vehicle Operations
Page 10
B5-2 VEHICLE PURSUIT ACTIONS
INTRODUCTION
The responsibility for the decision to pursue a suspected violator and the methods to be
employed rest solely with the individual officer. In arriving at this decision, an officer must
carefully consider all factors involved, all possible consequences, and the safety of citizens
whose protection is the major objective.
Pursuit is justified only when the officer has reasonable grounds to believe the violator
presents a clear and immediate threat to the public or the officer; has committed or is
attempting to commit a serious felony; or when the need to apprehend the violator
outweighs the level of danger created by the pursuit.
NOTE: The police vehicle and its ability to be used to terminate a chase or seize an
alleged offender can be considered the use of "deadly force" and therefore subject
to the "reasonableness requirement" under the Fourth Amendment.
POTENTIAL PURSUIT SITUATIONS
When attempting to stop a violator who has not yet begun to flee, the pursuing officer
should keep in mind his/her and the public's personal safety and try everything within
his/her authority to apprehend the violator without resorting to a high speed chase.
ENGAGING IN PURSUIT
The law permits an officer who is engaged in pursuit to exceed the speed limit and to
violate other traffic regulations as necessary in apprehending the violator, but only if:
1.
The emergency lights and siren are employed, OCGA 40-6-6, Authorized
Emergency Vehicles.
2.
Officers proceed with due regard to other vehicles. It is understood that the
officer's ability to supervise or control other motorists is limited by the nature of
existing circumstances, and it is their duty to avoid contributing to the danger
already created by the violating motorist.
PROCEDURES FOR PURSUIT
The following procedures do not relieve the responsibility of officers involved in a pursuit
situation but are designed to clarify command level decisions.
Section B Chapter 5
Vehicle Operations
Page 11
GENERAL PROCEDURES
1.
High speed pursuits will be limited to forcible felony incidents only.
NOTE: Knowledge of the forcible felony must be prior to the commitment of
the pursuit.
2.
An officer will not engage in high speed pursuit when his/her vehicle is occupied by
non-law enforcement personnel or authorized passengers.
3.
An officer should not endanger the public or him/her self as a result of his/her
driving techniques.
4.
During a vehicle pursuit, no more that two Agency vehicles should become actively
involved unless specifically directed by the shift supervisor or designee.
5.
Upon the initiation of the pursuit, all emergency equipment (siren, revolving or
flashing blue lights, emergency flashers and headlights) shall be engaged.
6.
An officer driving under emergency conditions should roll up the vehicle windows to
ensure that the communications officer understands all transmissions.
7.
All other vehicles (excluding primary) will cease radio traffic except that of an
emergency nature. Secondary pursuit officers and supervisors will communicate
only when necessary.
NOTE: When two officer vehicles are engaged in a pursuit, the passenger
officer will be responsible for radio communication.
8.
Vehicle(s) not directly involved in the chase or apprehension efforts, will not act as
emergency vehicles and will not directly pursue the fleeing vehicle, unless
otherwise directed by the supervisor.
9.
To avoid being arrested, some violators will take unnecessary risks. The pursuing
officer shall not duplicate these hazards regardless of the extenuating
circumstances.
10.
The type of stop to be employed shall be a felony stop as opposed to an ordinary
traffic stop. Pursuing units shall not "swarm" around the pursued vehicle.
11.
Once the fleeing vehicle is stopped and the violator apprehended other officers will
respond to or remain at the scene only as directed by a supervisor.
PROHIBITED PRACTICES
1.
Discharging a firearm from or at a moving vehicle is prohibited, unless the
occupants of the vehicle are using deadly force against the officer or another
Section B Chapter 5
Vehicle Operations
Page 12
person and there is no alternative means of protecting life.
2.
An officer will not pursue violators the wrong way on a freeway or entrance/exit
ramps.
3.
An officer will avoid intersecting the path of an on-coming high-speed vehicle.
4.
An officer will not attempt to force the pursued vehicle from the roadway by driving
along side or in front of the pursued vehicle, unless otherwise ordered to do so by
the field supervisor.
5.
An officer will not bump or ram a pursued vehicle, unless otherwise ordered to do
so by the field supervisor.
6.
Except for the primary and secondary vehicles directly involved in the pursuit, no
other vehicles shall join the pursuit.
7.
There will be no attempt to pass the primary pursuit unit unless the passing officer
receives specific permission from the primary pursuit officer or the supervisor.
PRIMARY / SECONDARY UNIT RESPONSIBILITIES
1.
Engagement in Pursuit
a.
When the violator of a pursued vehicle increases speed or drives in such a
manner as to endanger the safety of others, the pursuing officer shall
immediately activate the siren and blue lights, and shall continuously use
both throughout the pursuit.
b.
Other vehicles involved in a pursuit shall maintain a distance that will allow
for proper braking and reaction time should the lead vehicle turn, slow
down, or come to a stop.
c.
Vehicles responding to assist should concentrate on covering streets
parallel to the pursuit, thus creating a "boxing in" effect.
d.
During pursuit, a safe distance shall be maintained between both vehicles;
enabling the pursuing officer to duplicate any sudden turns and lessen the
possibility of a collision should there be a sudden stop.
e.
Because of the potential dangers involved, the pursuing officer shall not
pull alongside a fleeing violator in an attempt to force the violator's vehicle
into a ditch, curb, parked car, or other obstacle.
f.
If the primary vehicle becomes disabled, the secondary vehicle will become
primary and the Communications Center will advise the field supervisor and
other vehicles that a new back-up is needed.
Section B Chapter 5
Vehicle Operations
Page 13
g.
2.
3.
The primary vehicle may abandon the pursuit at any time and the field
supervisor may order the termination of the pursuit at any time.
Communications
a.
When safe to do so, the pursuing officer shall update the situation with the
Communications Center. By relaying information on the identity of his/her
vehicle, location, direction of travel, and other details, the pursuing officer
enables other officers to assist. Information initially supplied on the vehicle
should be verified regularly.
b.
The pursuing officer will update the Communications Center as often as
possible or whenever the pursued vehicle changes direction.
c.
The assisting vehicle, upon joining the pursuit shall immediately notify the
Communications Center of its identity. The assisting vehicle may assume
radio communications responsibilities, allowing the primary vehicle to
devote full attention to driving.
Termination of Pursuit
A pursuit situation will be terminated when:
a.
Upon weighing pertinent factors, the gravity of the offense, and the
prospect of loosing the violator will not balance with the hazards to the
officer and to the public;
b.
The environmental conditions, e.g., time of day, road conditions, traffic
(pedestrians or vehicular), location and neighborhoods, and weather
conditions indicate the futility of continuing;
c.
Distance between the pursuer and pursued continues to lengthen;
d.
The type of motorized equipment being pursued (e.g., motorcycle) and the
terrain (e.g., off road) makes the pursuit impractical;
e.
Additional information is obtained that would allow for the later
apprehension of the violator; and/or
f.
At the direction of a supervisor.
COMMUNICATIONS CENTER RESPONSIBILITIES
1.
Once the Communications Center is notified, a dispatcher will broadcast all
pertinent information e.g. information on direction, license numbers, offense,
descriptions, etc., to all units.
Section B Chapter 5
Vehicle Operations
Page 14
2.
Assistance from other agencies and officers will be coordinated by the
Communications Center under a field supervisor's direction. The field supervisor
and the primary unit will be advised of the identity and location of back-up
vehicle(s).
3.
The Communications Center shall receive and record all incoming information on
the pursuit, keep the supervisor informed, clear and control the communications
channel, advise pursuit vehicles of any known or potential hazards in the path of
the pursuit (e.g., accidents, street closures, repairs, etc.), coordinate assistance
under the direction of the field supervisor and monitor the pursuit until terminated.
4.
The Communications Center shall advise other jurisdictions that might be affected
by the pursuit. If vehicles from another Law Enforcement Agency become
involved in the pursuit, the dispatcher will determine whether the jurisdiction being
entered or agencies participating in the pursuit are signatories to the InterJurisdictional Pursuit Policy. This information will immediately be broadcast to
the pursuit vehicles and controlling supervisor.
5.
The Communications Center will relay pertinent information to and from
participating agencies.
FIELD SUPERVISOR'S RESPONSIBILITIES
1.
The field supervisor is responsible for the coordination of the pursuit. Only the field
supervisor may authorize more than two units to be in active pursuit.
2.
Deliberate physical contact between vehicles at any time will not be justified,
except as necessitated at roadblocks and under the field supervisor's order.
3.
Upon notification of the pursuit, the field supervisor shall:
a.
Ascertain the location and direction of travel;
b.
Ascertain the reason for the pursuit;
c.
Monitor the pursuit and proceed in the direction of its progress in a nonemergency mode;
d.
Ensure that no more than the required or necessary numbers of vehicles
are involved in the pursuit;
e.
Ensure that proper radio frequency/communications is being utilized;
f.
Ensure that other affected emergency agencies are being notified if the
pursuit appears to be entering another jurisdiction; and
Section B Chapter 5
Vehicle Operations
Page 15
g.
Ensure the pursuit is terminated if adequate information is not provided by
the pursuing vehicles or the risk factor is too great to the officer or the
general public to continue the pursuit.
4.
The field supervisor will continue to direct the pursuit, and approve or order
alternative tactics as required to maintain control.
5.
As with any tactical field problem, the field supervisor need not be physically
present to assert control.
6.
The field supervisor shall review and approve all reports filed by the pursuing
officer.
Section B Chapter 5
Vehicle Operations
Page 16
B5-3 USE OF ROADBLOCKS
INTRODUCTION
Members of the Agency should be cognitive of the fact that barricading a roadway must be
considered as a force likely to result in death or serious injury. The use of a roadblock
must be directly related to the seriousness of the crime for which the suspect is wanted.
Every roadblock must offer an alternative path of travel around the barricade unless the
use of deadly force would be authorized. The roadblock must be clearly visible and provide
adequate warning to allow vehicles to come to a safe stop. No roadblock will be erected
unless the road and weather conditions allow visibility in both directions for a minimum of
500 feet.
ROADBLOCK / RESTRICTION
Roadblocks shall not be employed to apprehend wanted persons when it is apparent that
innocent persons are endangered.
ROADBLOCKS / AUTHORIZATION
Roadblocks will be utilized by members of the Agency only by order of a field supervisor,
and then only as a last resort when the person pursued has proven by his/her method of
flight to have a total disregard for the lives and safety of the public.
NOTIFICATION OF ROADBLOCK LOCATION
Once a decision has been made to establish a roadblock, the Communications Center will
announce on all radio frequencies the location of the roadblock and the situation requiring
the roadblock. The dispatcher will also ensure that the principle pursuit patrol vehicle(s)
acknowledge the location of the roadblock.
VEHICLES PROHIBITED
Vehicles other than law enforcement (preferably marked) vehicles shall not be used as
stationary roadblocks, or positioned in such a manner as to prohibit the violator from
seeing the barricade in time to stop. Once a roadblock has been ordered and an Agency
vehicle is stationed as part of a roadblock, no one shall remain in the vehicle.
ROLLING ROADBLOCKS
Under certain circumstances the use of a rolling roadblock is effective. The chance of
injury or vehicle damage is greatly reduced.
Section B Chapter 5
Vehicle Operations
Page 17
Rolling roadblocks should be considered before resorting to a stationary roadblock.
There are two methods for creating a rolling roadblock:
1.
Creating slow moving traffic: Reducing the movement of the wanted vehicle may
be accomplished by slowing the normal flow of traffic. This is accomplished by
patrol vehicles not involved in the pursuit entering the roadway at least two miles
ahead of the violator. By slowing the flow of normal traffic, the violator and the
pursuit vehicle are forced to reduce their speed.
2.
Blocking: In a pursuit of moderate speed, blocking may be accomplished by
positioning a patrol vehicle in front of the violator and another patrol vehicle
beside the violator. Speed should be reduced gradually until the violator is
stopped. Every effort should be made to maximize officer safety and avoid actual
contact with the violator vehicle.
Section B Chapter 5
Vehicle Operations
Page 18
B5-4 INTER-JURISDICTIONAL PURSUIT POLICY
INTRODUCTION
Since Law Enforcement Agencies often have different pursuit policies, inter-jurisdictional
pursuits are extremely dangerous. The best pursuit policies are useless unless there are
restraints on pursuits from neighboring jurisdictions. Prior formal arrangements should be
made and in place concerning inter-jurisdictional pursuits.
GENERAL PROCEDURES
1.
The Communications Center, with a field supervisor's approval, will notify other
agencies if this Agency is in pursuit within their jurisdiction.
This message will specify either a request for assistance or, if it is merely a
courtesy notification, that no participation/assistance is desired.
The Communications Center will notify the other jurisdiction of the following
information:
a.
b.
c.
d.
e.
f.
g.
The pursuit is about to enter their jurisdiction;
Reason for the pursuit and nature of violation;
Location and direction of pursuit;
Complete description of occupants and vehicle;
Number of units involved in pursuit;
Whether assistance is needed; and
When applicable, notify the Agency when the pursuit is leaving their
jurisdictional boundaries, or the location of termination.
2.
The initiating agency will have control and responsibility of the pursuit.
3.
A total of no more than three vehicles from the combined jurisdictions will be
involved in any pursuit; two vehicles from the initiating Agency and one from the
assisting Agency.
4.
Where pursuits enter third and subsequent jurisdictions, the assisting vehicle, due
to boundary familiarity and greater ability to maintain radio communications, will
notify the next jurisdiction of a request for assistance. The assisting vehicle will
then remain with the pursuit until replaced by the next assisting Agency. If the
suspect is apprehended, all concerned Agencies will be notified of the location
and supplied pertinent information for appropriate charges.
5.
During a pursuit involving more than one Agency, roadblocks (fixed and moving),
ramming, forcing pursued vehicle off roadway, and shooting at pursued vehicle
(except to protect against the use of unlawful deadly force) are prohibited.
Section B Chapter 5
Vehicle Operations
Page 19
6.
The initiating Agency will be responsible for the arraignment of the arrested
person(s), disposition of any passenger, disposition of the arrested person(s)
vehicle, and coordination of all reports, citations, and criminal charges with the
exception of accident reports.
7.
Supervisors from both the initiating and terminating Agencies shall respond to the
termination location to supervise and assist officers on the scene.
8.
Officers shall not become involved in another Agency's pursuit unless specifically
authorized to do so by a supervisor, or unless it is clearly demonstrated that a
unit from an outside Agency is unable to request assistance or the emergency
nature of the situation dictates the need for assistance. In these instances all
Agency pursuit policies are applicable.
Section B Chapter 5
Vehicle Operations
Page 20
B5-5 VEHICLE ACCIDENT / REPORT AND REVIEW PROCESS
INTRODUCTION
The Agency has an obligation to review all accidents involving Agency personnel. To
accomplish this, the City of Bainbridge has established a Vehicle Accident Review Board.
This Board will review every accident involving Agency personnel and equipment even if
there is no negligence on the part of Agency personnel.
A.
REPORTING ACCIDENTS
All vehicle accidents involving Agency vehicles shall be immediately reported to the
field supervisor or the appropriate law enforcement jurisdiction if outside the City’s
geographical limits. Personnel involved in such accidents shall follow the
procedures outlined below.
B.
C.
ACCIDENT JURISDICTION
1.
In addition to normal reporting/handling procedures, an internal
investigation will be made of all Agency vehicle accidents resulting in
damage to City property or injury to Agency personnel. In instances where
Agency personnel are found to be at fault, disciplinary measures may be
taken.
2.
All accidents involving Agency vehicles will be conducted by the Georgia
State Patrol.
3.
If an accident occurs outside the City, the on-duty shift supervisor will
contact the Georgia State Patrol to investigate the accident.
REPORTS
1.
The involved employee shall complete a Supplemental Report on the
accident and attach it with the Accident Report.
2.
The involved employee's supervisor shall complete a Supervisor's Report.
3.
Copies of all documents shall be sent through the chain of command to the
respective Division Commander within three days for review.
4.
The Division Commander shall promptly forward all pertinent reports to the
Director of Public Safety for investigation by the Accident Review Board.
Section B Chapter 5
Vehicle Operations
Page 21
D.
VEHICLE ACCIDENT REVIEW BOARD / SAFETY COMMITTEE
The Vehicle Accident Review Board / Safety Committee will investigate all vehicle
accidents which involve vehicles assigned to the Agency. The Board will be
composed of employees of the City of Bainbridge who will be assigned from
various departments within the City. The Board will meet monthly, review all
information available concerning the vehicle accidents referred to the Board, and
make a recommendation to the City Manager and Director of Public Safety in each
case reviewed. This recommendation will include recommended disciplinary action
if the facts of the case indicate such action.
1.
PERSONNEL
The Vehicle Accident Review Board / Safety Committee will be composed
of one non-supervisory employee from each operating department within
the City of Bainbridge; the employee will be appointed by the department
head and approved by the City Manager.
2.
ACCIDENT REVIEW BOARD / SAFETY COMMITTEE GUIDELINES
a.
At least quarterly, the committee shall meet for the purpose of
touring job sites, City equipment, and facilities to determine if there
are unsafe practices occurring. Finding such unsafe practices, they
shall make such recommendations as they deem appropriate to the
department head and City Manager for their actions. It is not
necessary for the committee to tour each and every City facility
each and every quarter but shall visit such work and facilities as
they deem proper.
b.
The committee chairperson may make more frequent visits and
report his/her findings to the committee.
The committee shall have the authority to call upon any department
of the City to assist in determining the accountability of an accident
and gather such other information as will be helpful to them in their
recommendation to the department head and the City Manager.
c.
An employee may request a review of his/her presence following
notification of their ruling. If any employee is aggrieved by the
decision of the committee he/she may appeal the decision to the
City Manager whose decision in the case shall be final.
d.
An employee of the City of Bainbridge who is found chargeable for
two motor vehicle accidents occurring within any twelve (12) month
period shall be:
1)
Required to submit to a physical examination at the expense
Section B Chapter 5
Vehicle Operations
Page 22
2)
of the City of Bainbridge and;
Personally appear before the Accident Review/ Safety
Committee.
Any physical defects introduced which in the opinion of a medical
doctor would retard or impair the employee’s ability to operate a
motor vehicle with every degree of safety will result in that
employee being permanently removed from the operation of a City
motor vehicle. If no physical defects are found to exist, the
employee shall be grounded for a period of thirty (30) days. The
department head of the department in which the employee is
assigned shall utilize the employee’s services during the grounded
period and in an area of his operation where motor vehicle
operation is not required. If the employee has no capabilities which
can be utilized without operating a motor vehicle and cannot qualify
for another assignment it will be necessary for him/her to be
removed from the payroll for the grounded period.
e.
Any employee who has had three (3) accidents within a twelve
month period whether non-chargeable or a combination of
chargeable and non-chargeable shall be required to appear before
the Accident Review/Safety Committee. At this time all three
accidents will be reviewed and the employee reminded of any
omission or committed act by him/her that may have contributed to
the accident. The committee shall also have the authority to
summons the supervisor of the employee involved in the accidents
to determine if that supervisor has been negligent by failure to give
instructions or supervision to the employee.
Any employee having three (3) chargeable accidents within a twelve
(12) month period shall be permanently removed from the operation
of any motor vehicle which belongs to the City of Bainbridge. The
head of the department or division which the employee is assigned
shall utilize the employee’s service in an area where motor vehicle
operation is not required by him/her. If the employee has no
capabilities which can be utilized without his/her operating a motor
vehicle and cannot qualify for any other assignment, it will be
necessary to remove said employee from the payroll.
If the employee’s reassignment calls for a job of lesser pay the
employee’s pay shall be adjusted to the new job assignment.
f.
The members of the Accident Review/Safety Committee shall serve
for a period of one year at which time a non-supervisory
replacement shall be made by the department head and approved
by the City Manager. No employee except the chairman shall serve
for two consecutive years. The chairman of the Accident
Section B Chapter 5
Vehicle Operations
Page 23
Review/Safety Committee shall report at a regular department head
meeting the activities of the Accident Review/Safety Committee
during the preceding month if any.
It is the intent of this memorandum to create a non-supervisory
committee whose function it will be to assist in the preservation of
City owned equipment and the lives and well being of City
employees. All department heads and employees are called upon
to cooperate to the fullest with this committee.
g.
All employees of the City of Bainbridge who operate motor vehicles
are expected to maintain a satisfactory driving record and are
expected to operate City vehicles and equipment at all times in a
safe and courteous manner. No city vehicles shall be operated by
anyone who does not have a current, valid, driver’s license. It is the
responsibility of the department head to be sure that any employee
operating a City vehicle has the proper license. If an employee’s
drivers’ license is revoked for any reason, the department head of
the department which the employee is assigned, shall utilize the
employee’s services in an area of his/her operation where motor
vehicle operation is not required. If the employee is not capable of
performing such services and cannot qualify for another
assignment it will be necessary for him/her to be removed from the
payroll of the City of Bainbridge, during the period of time of the
license revocation. If the employee is reassigned to a job of lesser
pay the employee’s pay shall be adjusted to the new job assigned.
GENERAL ORDER
SUBJECT:
ISSUED:
EFFECTIVE:
03/19/2007
Immediately
CANCELS:
Evidence and Property
REFERENCE:
GACP sample policy manual
AMENDS:
DISTRIBUTION:
INDEX SECTION:
All
B-6
INDEX
I.
PURPOSE
II.
III.
A.
General
B.
Transferring Evidence to Court
C.
Disposition of Property and Evidence
D.
Agency Property and Equipment
S.O.P. B6-1 PROPERTY CONTROL
S.O.P. B6-2 VEHICLE INVENTORY / IMPOUND
Section B Chapter 6
Page 2
I.
II.
PURPOSE
A.
Establishes rules for receiving, storing, releasing, and disposing of property
seized as evidence and/or property held for safekeeping.
B.
Establishes rules regarding departmental property and equipment.
C.
Establishes standard operating procedures for property control.
D.
Establishes standard operating procedures for the impound and inventory
of vehicles.
A.
B.
General
1.
All property seized as evidence shall be transferred to the control of
the Evidence Custodian who will be designated by the director of
Public Safety.
2.
All confiscated, found or recovered weapons shall be transferred to
the control of the Evidence Custodian, as well as any other items
that might be construed as weapons.
3.
Any personal property of an arrestee that is evidence or is believed
to be evidence of a crime shall be noted in the property receipt form
and secured by the Evidence Custodian.
4.
All property removed from any vehicle shall be transferred to the
control of the Evidence Custodian and noted in the officer's report
and property receipt form.
5.
All property found or received by officers shall be indicated on a
property receipt form and transferred to the control of the Evidence
Custodian.
Transferring Evidence to Court
Evidence required in court for prosecutorial purposes will be released by
the Evidence Custodian to the impounding officer/investigating officer for
presentation in court. The evidence will be returned to the Evidence
Custodian immediately after all legal proceedings have been completed.
All evidence shall be returned to the Evidence Custodian in the original
tagged packages. If any of the evidence is retained by the court, the
Section B Chapter 6
Page 3
presenting officer will notify the Evidence Custodian so the records can
reflect the status of the evidence. The property receipt will be signed by
the officer when accepting control of the evidence and by the Evidence
Custodian upon its return.
C.
Disposition of Property and Evidence
Items being held as evidence or property may be removed or released by
one of the following means:
D.
1.
Release from Evidence Status to Property - The impounding officer
will release evidence to property status as soon as possible after
the case has been resolved. When the evidence is released by the
impounding officer, it is that officer's responsibility to notify the
owner that he/she has 30 days to claim the property;
2.
Court Order - Evidence released by court a order shall be from a
court of competent jurisdiction. Destruction of contraband will also
be carried out by the Evidence Custodian after receipt of a court
order;
3.
Public Sale - Unclaimed property may be sold under the authority of
local governing ordinances;
4.
By Conversion to City use by Court Order; and
5.
By Return to the Rightful Owner - Property will be released to the
person in whose name the property is listed upon proper
identification. In all cases of found property, the Agency reserves
the right to secure legal determination before releasing property.
Agency Property and Equipment
All equipment must be clean, in good working order and conform to Agency
specifications. Employees are responsible for the proper care of Agency
property and equipment assigned to them. Should an employee damage
or lose Agency property, disciplinary action may be taken.
1.
Damaged-Inoperative Property or Equipment - Employees shall
immediately report to their supervisor any loss of, or damage to,
Agency property. The supervisor will be notified of any defects or
hazardous conditions existing in any Agency equipment or property.
2.
Care of Agency Buildings - Employees shall not mar, alter, or
Section B Chapter 6
Page 4
deface any surface in any Agency building. No material shall be
affixed in any way to any Agency equipment without specific
consent from a superior officer.
3.
4.
5.
III.
Notices - Employees shall not mark, alter, or deface any posted
notice of the Agency. Notices or announcements shall not be
posted on bulletin boards without permission of a superior officer.
No derogatory notices will be posted at any time.
Manuals - All manuals, including this Manual, are considered
Agency property. Prior to distribution, the manuals should be
numbered and recorded in an Agency log. All employees who are
issued manuals are responsible for their maintenance and will make
appropriate changes as directed.
Surrender of Agency Property - Employees are required to
surrender all Agency property upon their separation from the
Agency. Employees who fail to return nonexpendable items will be
required to reimburse the Agency for the item(s) fair market value.
_____________________
City Manager
Chris Hobby
_______________________
Larry Funderburke
Section B Chapter 6
Page 5
B6-1 PROPERTY CONTROL
INTRODUCTION
It is the responsibility of the arresting or reporting officer to properly package and
document all property/evidence. A property receipt shall be completed before transferring
the property to the control of the Evidence Custodian. The property receipt must be
turned in with the evidence or property. The arresting or reporting officer will ensure that
the following steps have been taken before releasing property to the Evidence Custodian:
NOTE: See S.O.P. B1-4 Prevention of Bloodborne Disease for information regarding
proper procedures for processing evidence and property that may be contaminated
with a bloodborne disease.
A.
Collection of property or evidence
1.
When practical evidence should be stored in either a “zip lock” type plastic
bag or other sealable paper type bag or envelope. The following
information shall be recorded on the storage device:
a.
CASE NUMBER
b.
DATE AND TIME
c.
SUSPECT NAME
d.
CHARGE
e.
LOCATION OBTAINED to include Bainbridge, Decatur County,
Georgia
f.
EVIDENCE RECEIPT NUMBER
g.
OFFICER NAME
h.
INVESTIGATORS NAME
B.
2.
Firearms, including handguns, are to be boxed only. Firearms are never to
be bagged. Long guns will be made safe and secured with a firearms lock.
3.
Blood stained or other type of wet evidence or property will not be stored in
plastic bags but shall be stored in paper type storage devices only.
4.
Superior officers are responsible for maintaining an adequate supply of
property receipts and property/evidence bags.
Bainbridge Public Safety Department Property Receipt
All evidence or property that is recovered, seized, or found will be documented
Section B Chapter 6
Page 6
using the Bainbridge Public Safety Department Property Receipt. The property
receipts are pre-numbered and should be stored and dissimilated as follows:
1.
White Sheet: will always stay with the evidence,
2.
Yellow Sheet: will stay with the investigating officer,
3.
Green Sheet: will go to the Evidence Custodian,
4.
Pink Sheet: will be given to the property owner, if no there is no owner the
pink sheet will be kept with the yellow sheet.
C.
Information Required on the Bainbridge Public Safety Department Property
Receipt
(See attached Property Receipt Sample)
1.
CASE NUMBER: as assigned by the BookPro computer report system,
2.
NAME OF PERSON FROM WHOM PROPERTY WAS OBTAINED: if
property obtained from owner then check box indicating Owner and record
owner’s full name. If property obtained from person other than owner
check box indicating Other and record person’s full name. If property was
not obtained from an individual then check box indicating None and record
a specific location from which the property was obtained, for example, if
property was a bicycle found in the south west corner ditch of West Street
and Green Street, the box indicating Other would be checked and south
west corner ditch would be recorded, West Street and Green Street would
be entered in the address box.
3.
ADDRESS: when entering address into this block use a specific street
address if one exists, DO NOT USE POST OFFICE BOX ADDRESSES, if
there is no specific address then use closest cross street. Be sure to
always include Bainbridge, Decatur County, GA following the address.
4.
LOCATION WHERE PROPERTY WAS OBTAINED: if property was
obtained inside a residence then record the specific location, for example,
south west corner bedroom in dresser. If property was obtained inside a
vehicle record year, make, and model of vehicle along with specific location
on vehicle where obtained. If property obtained from a person record
specific location obtained from, for example, right front pants pocket.
5.
DATE: date that property/evidence was obtained
6.
TIME: time that property/evidence was obtained
Section B Chapter 6
Page 7
D.
7.
ITEM #: start with one and continue chronologically. If more item numbers
are required than space allows, use another Property Receipt Form and
report the following on the last line of the first report, “more items continued
on Property Receipt form # ______”
8.
QUANTITY: the number of items that are with the piece of evidence, for
example, if a bag containing five off white rock type substance is obtained
you would record 5 for the quantity.
9.
FILE #: the file number used will be associated with the shift#. For
example:
Shift 1 = S1
Shift 2 = S2
Shift 3 = S3
Shift 4 = S4
Investigation will have separately assigned file #.
10.
DESCRIPTION OF PROPERTY: be specific and include model and serial
numbers, identifying marks, condition, and value when appropriate.
11.
NAME AND BADGE NUMBER OF AGENT OBTAINING PROPERTY:
print Rank, Name, and Badge #, for example, Sgt. Any Body #000
12.
CASE AGENT: record the name and badge # of the officer managing the
case here. If the case is to be turned over to an investigator record the
name and badge # of the investigator here.
13.
CHAIN OF CUSTODY: always begin with relinquished by the obtaining
officer (Use name and badge #).(See attached sample)
Return of property
1.
It shall be the responsibility of the officer placing property in evidence, the
investigating officer, or prosecuting officer to release property from
evidence within 30 days of disposal of the case in court, if the property is
no longer necessary to the prosecution of the case.
2.
Officers confiscating property have the responsibility of notifying the owner
when the property is released from evidence if the owner/finder is legally
entitled to receive such property. A release form will be completed by the
officer and given to the Evidence Custodian.
3.
The officer receiving found property is to make every attempt to identify the
Section B Chapter 6
Page 8
owner of the property and inform the individual that the property is being
held for safekeeping.
B.
Duties of Evidence Custodian
The Evidence Custodian will receive, store and release evidence and other
property in a timely, efficient and accountable manner. Established procedures are
to be followed which minimize the loss, theft, or destruction of property. In
addition, procedures are to be followed to maintain a proper chain of custody, and
document the transfer of property to the point of release from Agency control.
Every legal effort should be made by the Evidence Custodian to prevent the
unnecessary accumulation of property in storage.
1.
Receiving - Evidence/property will be received by the Evidence Custodian
only after these items have been recorded on the property receipt and each
item listed has been properly bagged or tagged;
Weapons will be received as indicated above; however, all firearms will be
tagged only. All firearms will be unloaded with the ammunition bagged and
properly marked.
Drugs will be transferred to the control of the Evidence Custodian along
with a property receipt. A copy of the receipt will be furnished to the drug
unit;
C.
2.
Recording and Storing - Upon receipt of evidence or found property, the
Evidence Custodian will date and initial the property receipt and bag. The
property receipt will be filed in accordance with the receipt number, shift,
investigation, and type of evidence.
3.
Inventorying - All evidence stored by the Agency's will be inventoried twice
a year.
Evidence and Property Room Procedures
In addition to the above responsibilities of the Evidence Custodian, the following
procedures are to be conducted:
1.
Any item of evidence or property taken to the State Crime Lab will be
recorded on the white and green copies of the evidence report form. A
Crime Lab Evidence Submission form will be filled out and attached to the
evidence or property. The evidence submission form will be stamped at
the State Crime Lab with date and time of arrival. When the submission
form is returned from the State Crime Lab the submission form will be
Section B Chapter 6
Page 9
placed in an Investigative File.
2.
D.
Narcotics and dangerous drug evidence (capsules, pills) shall be counted
as well as weighed. Additionally, all containers of narcotics and dangerous
drugs shall be inspected for tampering as a safeguard against the
substitution of material having the same weight.
Property Received Pursuant to a Court Order
Records will be maintained on all property received pursuant to a court order.
These records will include information concerning the following:
1.
Date and time property was received;
2.
Description of the property;
3.
Identification numbers or serial numbers when applicable;
4.
and
Name of the person or company from whom the property was received;
5.
Name of the officer who received the property.
Section B Chapter 6
Page 10
Section B Chapter 6
Page 11
B6-2 VEHICLE INVENTORY / IMPOUND
POLICY
When the driver/owner of a vehicle is arrested, and if the vehicle is subject to a lawful
impound, the arresting officer will make an inventory of the vehicle for valuables.
CIRCUMSTANCES WARRANTING IMPOUND
A.
According to state law, law enforcement officers may impound a motor vehicle
under the following circumstances:
1.
An officer may impound and remove a vehicle from a public highway when
the motor vehicle poses a threat to the public health or safety;
2.
An officer may impound a motor vehicle that has been left unattended on a
public street, road or highway, or other public property for at least five days
if it appears to the officer that the individual who left the vehicle unattended
does not intend to return and remove the motor vehicle;
3.
All motor vehicles required to be registered in Georgia must display a
current license plate and revalidation sticker. Any motor vehicle that fails to
comply with this requirement may be impounded and stored at the owner's
expense;
4.
If the driver of a motor vehicle has been arrested, the vehicle may be
impounded when:
a.
There is no one present who is authorized and capable of removing
the vehicle;
b.
The driver has made no specific request about the disposition of the
vehicle;
c.
The driver has made no request to use a specific towing service;
d.
The driver of a vehicle has made a specific request for the
disposition of the vehicle or has requested a specific towing service
and the law enforcement officer has made a reasonable, but
unsuccessful effort to comply with this request; or
e.
The driver of a vehicle has been removed from the scene and is
Section B Chapter 6
Page 12
either physically or mentally unable to make a request for the
disposition of his/her vehicle. An officer may impound a vehicle for
the protection of the vehicle and its contents under the provisions
above.
B.
If the driver of a vehicle is arrested on private property, and the driver either owns,
has control of, or permission from the owner of the property to be there, the vehicle
should not be impounded except upon the request of the driver.
C.
When inventorying a vehicle before impoundment, the officer and Agency are
protecting three distinct needs. These needs are:
D.
1.
Protection of the owner's property while it remains in Agency or wrecker
service custody;
2.
The protection of the Agency and wrecker service from potential danger;
and
3.
The protection of the Agency and wrecker service against false claims of
stolen or lost property.
If the officer is questioned concerning reasons for inventorying a vehicle which is
being lawfully impounded, the officer should state that the vehicle is being inventoried for the above three reasons. The justification for an inventory of an
impounded vehicle is based on the validity of the impoundment, not the arrest of
the driver. If the impoundment was improper, any items seized during an inventory
will not be admissible as evidence in court.
INVENTORY PROCEDURES
A.
On the inventory form, the officer shall list all personal property and vehicle
accessories such as radios, tape / CD players and telephones. Further, the
inventory form shall contain a description of the vehicle's condition in the remarks
section.
B.
Upon completion, the inventory form will be signed by the impounding officer.
C.
The (white) original copy of the vehicle inventory form and impound slip will be
turned in with the incident report. The (yellow) duplicate copy will be given to the
owner/operator of the vehicle. The (pink) duplicate copy will be maintained for the
officer’s files. The (green) duplicate copy will be given to the wrecker driver.
D.
In all cases where an impound is made, there will be an incident report completed
except when a traffic accident report is made.
Section B Chapter 6
Page 13
RELEASE OF VEHICLE
Once a vehicle is impounded and a hold has been placed on the vehicle, it will be
necessary for the owner or authorized operator to secure authorization for release from
the Agency. No releases will be made at the wrecker yard without first receiving approval
from the Agency.
BAINBRIDGE PUBLIC SAFETY DEPARTMENT
IMPOUNDED VEHICLE INVENTORY RECORD
REPORT IDENTIFICATION
Date: ____________ Time: ____________ OfficerName/BadgeNumber:
________________________________________________
Case Number:
_______________________________________________________________________________________________
VEHICLE INFORMATION
Year:____________________________Make: _______________________________ Model:
________________________________
VIN:
_________________________________________________________________________________________________
______
Tag#:_________________ Year & State: _________________ Odometer: ________________________ Tag/VINMatch?
__________
Registered Owner Name:
______________________________________________________________________________________
Vehicle Operator Name:
_______________________________________________________________________________________
Abandoned/recovered vehicle entered into GCIC?
_________________________________________________________________
If Trailer, is trailer sealed? ____________________________ Seal Number(s)
____________________________________________
Equipment Checklist and Inventory Record
Radio AM/FM Stereo
Tape/CD/MP3 Player
Custom/Specialty Antenna
Custom/Specialty Speakers
Radar Detector
Mobile Phone
Spare Tire
Custom/Specialty Tires
Overall Vehicle Condition
Good
Fair
Poor
Item
Number
Quantity
Item Description and Location
1
__________
____________________________________________________________________________________
2
__________
____________________________________________________________________________________
3
__________
____________________________________________________________________________________
4
__________
____________________________________________________________________________________
5
__________
____________________________________________________________________________________
6
__________
____________________________________________________________________________________
7
__________
____________________________________________________________________________________
8
__________
____________________________________________________________________________________
9
__________
____________________________________________________________________________________
10
__________
____________________________________________________________________________________
11
__________
____________________________________________________________________________________
12
__________
Section B Chapter 6
Page 2
____________________________________________________________________________________
13
__________
____________________________________________________________________________________
14
__________
____________________________________________________________________________________
15
__________
____________________________________________________________________________________
16
__________
____________________________________________________________________________________
17
__________
____________________________________________________________________________________
18
__________
____________________________________________________________________________________
19
__________
____________________________________________________________________________________
20
__________
____________________________________________________________________________________
REMARKS
WRECKER SERVICE
Wrecker
Service
Name:
___________________________________
Wrecker
Service
Operator:
______________________________
Time Notified: ____________________ Time Arrived: ____________________ Hold(s) on vehicle (YES/NO)?
__________________
Wrecker
Operator
___________________________________________________________________________________
Signature:
Impound
authorization
officer’s
________________________________________________________________________
signature:
DISTRIBUTION:
WHITE: CASE FILE
CANARY: VEHICLE OPERATOR
GREEN: WRECKER OPERATOR
PINK: OFFICER FILE
GENERAL ORDER
SUBJECT:
ISSUED:
EFFECTIVE:
03/27/2007
Immediately
CANCELS:
Records / Information Management
REFERENCE:
Rules of the Georgia Crime Information Center
Council
GACP Sample Policy Manual
AMENDS:
DISTRIBUTION:
All
I.
PURPOSE
II.
DEFINITIONS
III.
IV.
B-7
S.O.P. B7-1 COMMUNICATIONS / FIELD INCIDENT REPORTING
S.O.P. B7-2 RELEASE OF INFORMATION TO THE NEWS MEDIA
S.O.P. B7-3 DISSEMINATION OF PROTECTED INFORMATION
Section B Chapter 7
Records & Information Management
Page 2
I.
II.
PURPOSE
A.
Establishes and prescribes guidelines for processing and filing reports.
B.
Establishes individual position responsibilities as part of the overall records
management system.
C.
Establishes guidelines concerning the release of public information.
D.
Establishes a standard operating procedure for regulating the release of
information to the news media.
E.
Establishes a standard operating procedure for regulating the
dissemination of protected information.
F.
Establishes a standard operating procedure for the processing of civil
process served on the Agency or its employees.
DEFINITIONS
CRIMINAL JUSTICE HISTORY INFORMATION - Information collected by criminal
justice agencies on individuals including: identifiable descriptions and notations of
arrests; detentions, indictments, accusations, and information of other criminal
charges; and any dispositions arising there from including: sentences, correctional
supervision, and releases.
RESTRICTED INFORMATION - Information involving data gathering techniques,
Criminal Justice Information System (CJIS) network operational procedures,
manuals and forms.
SECRET - Information involving elements of the operation, programming, and
security constraints of the GCIC/CJIS and satellite computer systems.
III.
A.
Overview of Records Management - The records management system of
this Agency is designed to reflect the system recommended by the Georgia
Crime Information Center (GCIC) in the Georgia Law Enforcement Records
Management Manual. A copy is maintained for reference in the
Communications Center.
The Agency shall provide (documented) training for the appropriate
employees to ensure the effective performance of job-specific tasks
Section B Chapter 7
Page 3
relating to:
B.
C.
1.
The use of the Georgia Crime Information Center (GCIC) System;
2.
The use of the National Crime Information Center (NCIC);
3.
The use of the National Law Enforcement Telecommunications
System;
4.
The security and dissemination of criminal history record
information;
5.
State and national Uniform Crime Reporting (UCR) programs;
6.
Fingerprinting of arrested persons and the initiation of Offender
Based Tracking System (OBTS) forms; and
7.
The preparation and submission of reports of final dispositions of
charges.
Records System for Civil and Criminal Process - Records will be
maintained for each item of civil and criminal process. The records will
include information on the following:
1.
Date and time received;
2.
Type of process;
3.
Nature of document;
4.
Source of document;
5.
Name of plaintiff/complainant or name of defendant/respondent;
6.
Officer assigned for service;
7.
Date of assignment;
8.
Court docket number; and
9.
Date service is due or court date.
Records will be maintained on the service or execution of civil/criminal
process. The records will include information on the including:
Section B Chapter 7
Page 4
IV.
1.
Date and time served;
2.
Name of officer making service;
3.
To whom process was served or to whom executed;
4.
Method of service; and
5.
Location of service.
_____________________
City Manager
Chris Hobby
_______________________
Larry Funderburke
Section B Chapter 7
Page 5
B7-1 COMMUNICATIONS / FIELD INCIDENT REPORTING
INTRODUCTION
The Communications/Field Incident Reporting system describes the personnel and various
duties that shall be performed to collect information, process and file reports for the
Agency's records system.
1.
Communications Center Officers' Duties:
The Communications Center is the point in the system at which most report
processing originates. The Communications Center officers are responsible for:
A.
Receiving complaints from all sources other than in-person, and relaying
this information to officers to respond to those complaints;
B.
Providing communications support to officers in the field;
C.
Recording all activity of officers in the field and being continuously aware of
their status and pending emergency conditions; and
D.
Recording law enforcement activities with the following documents:
1)
Radio Log: All incoming and outgoing radio and telephone traffic is
electronically recorded by the Communications Center.
2)
Dispatch Card: Used to record the receipt of a complaint or other
notification of impending activity. After the complaint is answered,
the time and nature of the police action taken is recorded. All
incidents that result in formal documentation by the responding
officer are assigned a case number.
Every 24 hour, the communications officer will prepare an incident
report log showing all actions documented by the shift. The format
is as follows:
OFFICER # / TYPE OF CALL / LOCATION / TIME RECVD. /
TIME ARRIVED / TIME COMPLETED / DISPOSITION (Shown by
patrol area)
2.
Patrol Officers' Duties:
When providing normal law enforcement services, patrol officers perform four
Section B Chapter 7
Page 6
primary duties including patrol and surveillance, investigation of offenses, arrest of
offenders, and public service and assistance. In performance of these duties, the
following records shall be completed by law enforcement officers:
3.
A.
Incident Report: Used in describing the incident which has occurred and
those actions taken by the officer; reporting names and other related
information on persons involved in incidents; recording serialized and-nonserialized articles, events, suspects and witnesses, statements and
investigative leads;
B.
Supplemental Incident Report: Used in recording follow-up investigations
and all overflow information from the Incident Report to include Vehicle
Pursuit Reports, Use of Force Reports, and Taser Use Reports;
C.
Arrest/Booking Report: Used in recording details of an arrest and booking;
D.
Municipal Court Summons: Used in recording municipal code violations;
E.
Uniform Traffic Ticket: Used in recording a traffic violation;
F.
Uniform Accident Report: Used in recording a vehicle accident;
G.
Vehicle Impound/Inventory Report: Used in recording a vehicle which is
impounded/inventoried; and
H.
Courtesy Door Check Report: Used in recording courtesy checks of
businesses and homes during night time patrols.
Shift Supervisors' Duties:
Shift supervisors are responsible for the immediate supervision, control and
administration of personnel on their shift, and for activities or incidents which occur
during their shift. Duties include reviewing and approving all reports generated
during the shift in order to ensure that each is clear, accurate, legible, and
completed according to established procedures and policies. Shift supervisors
shall account for each complaint number issued and the corresponding complaint
cards with required reports, using the Incident Report Log as the final check.
4.
Records Personnel's Duties:
The records personnel are responsible for the distribution, indexing, filing, and
retrieval of information resulting from investigations and other activities conducted
by the Agency. Records personnel perform the following functions:
Section B Chapter 7
Page 7
A.
B.
Receiving and verifying all reports;
Distributing copies of forms and reports to the courts, prosecutor,
probation, defense attorneys, and or victim when required;
C.
Indexing and filing Agency copies of all reports;
D.
Forwarding fingerprint cards to GCIC;
E.
Forwarding criminal dispositions requested;
F.
Entering, updating and canceling GCIC/NCIC entries (in coordination with
the Communications Center);
G.
Extracting data which are needed for the UCR and existing internal reports,
and generating these reports; and
H.
Records processing - All forms used in the Incident Reporting and Records
Management System will be processed by the records personnel. These
forms and duties are outlined below:
1)
The following reports are to be completed by responding officers as
needed: Incident Report, Miscellaneous Incident Report,
Supplemental Report, Uniform Traffic Ticket, or Accident Report.
Information from these reports is used for:
a.
Extracting data needed to complete UCR and monthly
Agency reports;
b.
Preparing separate index cards for each complaint, victim,
suspect, missing person, alias, or arrested person in a case
for incorporation in the Master Name Index as designed by
the Agency;
c.
Storing documents in the appropriate files.
2)
Master Name Index Card - Used as a "pointer" to all reports when
they must be referenced by a person's name;
3)
Arrest/Booking Report - Provides details of the arrest, booking and
court disposition. Used for input into UCR and filed in Arrest File
and Case File; and
4)
GCIC and Law Enforcement Data Forms (LEDS) Worksheets Used to enter, add, cancel, delete information to the GCIC/NCIC
Section B Chapter 7
Page 8
System.
J.
Creating and maintaining a criminal history file on each arrested person.
Section B Chapter 7
Page 9
B7-2 RELEASE OF INFORMATION TO THE NEWS MEDIA
INTRODUCTION
The press serves the public by supplying information, stimulating thought, and providing a
medium for expression. The news media exercises a genuine interest in the public good
and greatly influences public opinion. Crime, its results, and the efforts to combat it are
matters of continuing public concern. The Agency is regularly involved in events at which
members of the news media are present and gathering information.
1.
Role of the Agency
The Agency actively seeks to establish a cooperative environment in which the
news media may obtain information on matters of public interest without
hampering Agency operations. However, certain information will be withheld from
the news media to protect the constitutional rights of an accused, to avoid
interfering with an Agency investigation, or because it is legally privileged (see
S.O.P. B7-3 Dissemination of Protected Information).
2.
3.
Responsibility for the Release of Information
A.
When an event being investigated is of a spectacular or unusual nature
and stimulates general community interest, the news media will be notified
at the discretion of the Director of Public Safety or his/her designee.
B.
When an incident involving Agency policy or the interpretation of policy
occurs, or statements are requested which may adversely reflect on the
Agency's reputation, the release of information will be made at the
discretion of the Director of Public Safety or his designee.
C.
A release of information in an on-going investigation shall be made at the
discretion of the Director of Public Safety or his designee.
D.
In other cases, the type of information listed in Section 3 below may be
released by the ranking officer present.
Scope of Content for News Releases
In cases other than on-going criminal investigations, only the following information
shall be made available to the news media:
A.
Accused's name (if adult), age, residence, sex, race, employment, and
Section B Chapter 7
Page 10
marital status. If juvenile, arrest status only;
NOTE: Juvenile Proceedings Code - OCGA 15-11-60(g)(1) The name or
picture of any child under the jurisdiction of the court for the first time shall
not be made public by any news media, upon penalty of contempt under
Code Section 15-11-62, except as authorized by an order of the court. (2) It
shall be mandatory upon the judge of the juvenile court to release the name
of any child who is under the jurisdiction of the court for a second or
subsequent time. No person, firm, or corporation shall be guilty of any
offense by making public the name or picture of any such child.
B.
Originating source of information for the action, either citizen complaint,
officer initiated, warrant or indictment;
C.
The length of the investigation and present status, either active or
concluded;
D.
The immediate circumstances surrounding the arrest including time, place,
any acts of resistance on the part of the arrestee, and a description of any
items seized;
E.
Information on the victim shall be limited to the following:
1.
If a victim is killed or seriously injured as a result of the action, the
victim's name or address cannot be released pending notification of
next of kin;
2.
If it involves a crime against a person:
3.
a.
physical status (e.g., hospitalized with a gunshot wound);
b.
relationship to suspect; and
c.
sex; age; race.
If it involves a property crime other than a business, identification of
the victim, no address. An address may be included on
businesses.
F.
Officers and employees of the Agency shall not make statements at public
gatherings concerning the plans, policies, or affairs of the administration of
the Agency unless directed by the Director of Public Safety; and
G.
Responsibility for publicity for the Agency shall be delegated by the Director
Section B Chapter 7
Page 11
of Public Safety.
4.
Releasing Photographs to the Media
Employees of the Agency will neither encourage nor discourage the media from
photographing or televising defendants when they are in public places. Employees
of the Agency shall not position or pose the accused for the benefit of the media.
Any request by the media for a mug shot or photographs made by the Agency
shall be forwarded to the Director of Public Safety. (See S.O.P. B7-3
Dissemination of Protected Information).
5.
Allowing Newsmen to Enter Area of a Serious Incident or Crime Scene
Police lines may be established to prevent persons from entering the area of a
serious incident or crime scene. Dependent upon the tactical situation and the
likelihood of jeopardizing police operations, members of the news media may or
may not be allowed in these areas. Authorization for entry is normally dependent
upon the judgment of the supervisor present. While newsmen may be permitted in
the area of a crime scene or a serious incident, they do not have the authority to be
within an area which has been secured to preserve evidence, or at any location
where their presence jeopardizes police operations.
6.
News Media Not Exempt from Laws
The primary responsibility of news professionals is to report the news by obtaining
information and photographs of newsworthy incidents. Their opportunity to do so is
frequently at an emergency scene. An officer sharing these circumstances with
news people should not obstruct them in the performance of their duty. However,
members of the news media are neither implicitly nor expressly exempt from the
requirements of any municipal, state, or federal statute.
7.
Requesting Withholding of Publication
News professionals may photograph or report anything they observe when legally
present at any emergency scene. When publication of this coverage would
interfere with an official investigation or place a victim, suspect, or others in
jeopardy, the withholding of publication is based on decisions of a cooperative
press, not censorship by the Agency. Under these circumstances, officers should
advise news professionals or their superior officers of the possible consequence of
publication. However, officers may not interfere with news media activities as long
as the news person's performance remains within the confines of the law.
Section B Chapter 7
Page 12
B7-3 DISSEMINATION OF PROTECTED INFORMATION
INTRODUCTION
The Agency shall disseminate accurate and factual accounts of occurrences of public
interest not protected by law. This dissemination is to be made with consideration of an
individual's legal rights and the confidentiality of Agency records.
1.
Records maintained or originated by the Agency which are and are not covered by
Federal and State Privacy Laws:
Covered
Arrest Fingerprints
Final Disposition
"Rap" Sheets
Not Covered
Uniform Crime Reporting Form
Incident Report
Supplemental Report
Arrest Booking Report
Uniform Traffic Ticket
Radio Log
Jail Docket
Complaint/Dispatch Cards
Miscellaneous Incident Reports
2.
Release of all criminal history information to individuals shall be done in
accordance with the Rules of the Georgia Crime Information Center Council
(GCIC).
3.
The release of any photograph made by the Agency shall be as follows:
A.
Crime Scene - Any photograph made at the crime scene, or for any official
on-going investigation, shall be processed and made available only to the
investigating officer, investigating agency, or to the District Attorney.
Photographs will not be disseminated to, or viewed by, anyone else without
the written approval of the Director of Public Safety, the District Attorney, or
without a Court Order;
B.
Traffic Scene - Provided no death or serious injury resulted, traffic accident
photographs may be reproduced and released to the victim's insurance
company, or its agent, or to the victim's attorney, for civil action.
Disseminations are subject to a fee to cover the associated costs. When
death or serious injury occurs in an accident, no photograph shall be
released to anyone, other than the investigating officer/agency, or the
District Attorney, unless approved in writing by the Director of Public Safety,
Section B Chapter 7
Page 13
the District Attorney, or without a Court Order.
Section B Chapter 7
Page 14
4.
Uniform Crime Reporting - Each law enforcement agency is required by law to
participate in the Uniform Crime Reporting (UCR) program. UCR reports include:
A.
Reports of criminal offenses reported to or investigated by law enforcement
agencies;
B.
Reports of persons arrested (Arrest/Booking Report);
C.
Reports of offenses cleared by arrest or exceptionally cleared;
D.
Special reports on juveniles arrested for DUI (Juvenile DUI Arrest Reports);
E.
Special reports on all homicides;
F.
duty;
Special reports on law enforcement officers killed or assaulted in the line of
G.
Special reports on known or suspected arson;
H.
Special reports on juvenile arrests or administrative dispositions of juvenile
offenders; and
I.
Special reports on the number and type of law enforcement agency
employees.
5.
Applicability of State and Federal Laws and Regulations: All State and Federal
Statutes not referenced in this procedure shall be adhered to by the employees of
this Agency and shall supersede this procedure if some conflict should exist
between it, the law, or GCIC Rules and Regulations.
GENERAL ORDER
SUBJECT:
ISSUED:
EFFECTIVE:
01/04/2007
Immediately
CANCELS:
Communications and Alarm Response
REFERENCE:
DISTRIBUTION:
AMENDS:
All
B-8
INDEX
I.
PURPOSE
II.
A. Communications Center
B. Emergency Traffic
C. Conflicts
D. Responsibilities of Patrol Officers
III.
S.O.P. B8-1 COMMUNICATION PROCEDURES (GENERAL)
S.O.P. B8-2 ALARM RESPONSE PROCEDURES
Section B Chapter 8
Communications & Alarm Response
Page 2
I.
PURPOSE
A.
Establishes rules and regulations regarding the maintenance and operation
of communications equipment.
B.
Establishes rules and regulations regarding the operation of
communications.
II.
D.
Establishes standard operating procedures for the rapid and accurate
transmission of information from the public to field officers.
E.
Establishes standard operating procedures for responding to alarms.
A.
Communications Center
All citizen calls for assistance are received, recorded, and dispatched
through the Decatur/Grady Emergency 911 center. This center also
monitors frequencies of public service agencies on a full-time basis.
Constant contact is maintained with the Georgia Crime Information Center
(GCIC) and the National Crime Information Center (NCIC) via a computer
terminal.
The Decatur / Grady Emergency 911 center is not a unit of the
Bainbridge Department of Public Safety but rather a sub-contracted
service who reports to a User Board, consisting of multiple agencies,
which include members of the Bainbridge City Council and City
Manager.
B.
Emergency Traffic
Whenever an emergency transmission is made by any unit or the
communications officer, all non-emergency traffic on that channel shall
cease until the emergency traffic condition is lifted. It shall be the
responsibility of the communications officer to notify units returning from an
"out-of-service" status of the emergency traffic conditions.
C.
Conflicts
Disagreements between communications officers and patrol officers
concerning the manner of dispatching or responding to calls shall not be
discussed over the radio. If the Uniform Patrol Division Supervisor is unable
to contact the Communications Supervisor to resolve the disagreement, the
Section B Chapter 8
Page 3
Uniform Patrol Division Supervisor shall have the authority to override the
communications officer concerning the unit(s) dispatched and manner of
response.
If a patrol officer questions the manner in which a call was dispatched, the
officer shall respond to the call, and discuss the matter with their supervisor
later. The patrol officer's supervisor and the Communications Supervisor
shall resolve problems between communications officers and patrol
officers.
D.
Responsibilities of Patrol Officers
The radio represents the officer's only contact with headquarters while in
the field. Therefore, every patrol officer and investigative unit assigned to
or engaged in a field assignment must have continuous access to radio
communications.
When talking on the radio, messages should be planned before they are
transmitted.
Before broadcasting, an officer should listen to make sure he/she are not
interrupting another unit which might already be using the frequency.
The telephone should be used whenever the message does not call for the
use of the radio.
III.
EFFECTIVE: This General Order is effective immediately.
_____________________
City Manager
Chris Hobby
_______________________
Larry Funderburke
Section B Chapter 8
Page 4
B8-1 COMMUNICATION PROCEDURES (GENERAL)
INTRODUCTION
All broadcasts of calls and assignments from the Communications Center shall be
considered an officer's primary work assignment. Any apparent problem associated with a
call received should be reported by the officer to their supervisor. Patrol supervisors are
charged with immediately correcting any obvious problems.
FIELD UNITS - The following procedures shall be used for receiving and dispatching calls:
1.
Patrol units will check in as "on-duty" on their primary radio frequency;
2.
Zone assignments and changes in zone assignment should be handled by
telephone, not over the radio;
3.
All field units shall remain on their assigned radio channel with the following
exceptions:
A.
When directed by the communications officer;
B.
When directed by a Superior Officer; and
C.
When necessary for the performance of their duties;
NOTE: By Policy the Communications Center simulcasts all radio traffic for
the Bainbridge Department of Public Safety and the Decatur County Sheriff’s
Department, therefore it is necessary that officers monitor or scan Decatur
County Sheriff’s Department radio traffic to ensure and orderly use of the
radio system..
4.
Patrol units will acknowledge receipt of assignment, notify communications when
they arrive at the scene of each call, any change in nature of complaint, completion
of each call, service status and disposition upon completion;
5.
If a unit fails to respond to the radio after being called three separate times within a
minute, while in-service, the patrol supervisor shall be notified. It is the
responsibility of the patrol supervisor to initiate proper action;
Section B Chapter 8
Page 5
6.
When checking "out-of-service" officers are to do so via the radio. All out-ofservice activity or special assignments must be approved by the patrol supervisor.
Section B Chapter 8
Page 6
7.
Unless in an emergency situation where time is of the essence, communications
officers shall not make unnecessary phone calls. Field officers shall make every
effort to locate a complainant before requesting additional assistance from
communications; and
8.
Before activating the vehicle's emergency lights to stop another vehicle, officers
should give the location, tag number, state of registration, year, make, model, and
color of the vehicle. Communications officers shall automatically check the vehicle
license plate through GCIC/NCIC.
COMMUNICATIONS
1.
Priority Calls
When multiple calls for service are dispatched at one time then calls are to be
prioritized as follows:
Priority 1 - Those calls requiring immediate dispatch (e.g., crimes in progress,
accidents with injuries, officer needs assistance);
Priority 2 - Those calls requiring immediate dispatch, but not of an emergency
nature (e.g., accidents without injuries, suspect has left scene,);
Priority 3 - Routine calls for law enforcement service requiring the presence of a
law enforcement officer (e.g., thefts, burglaries, general alarms, and other crimes
against property); or
Priority 4 - General information calls for which an on the scene officer is not
requested or required.
When multiple calls for service are dispatched at one time and manpower
restraints prevent the response to all calls, then the patrol supervisor may request
mutual aid from the Decatur County Sheriff’s Department.
2.
Call Stacking
Priority 1 and Priority 2 calls shall be responded to immediately. When a unit is not
available to respond to a priority 1 and 2 call, the communications officers will
notify the patrol supervisor. The patrol supervisor is to decide how the call is to be
handled.
Priority 3 calls will be responded to after priority 1 and 2 calls are completed.
Whenever there is a significant delay, the complainant, if possible, will be notified
of the delay by the communications officer.
Section B Chapter 8
Page 7
3.
Either a patrol unit or communications officer can initiate an "emergency radio
traffic only" status. Patrol units initiating this status shall cancel it as soon as
possible. If an immediate response from the patrol unit is not received, the
communications officer shall initiate contact through another unit on the scene or
the closest available unit to determine the status of the original unit.
4.
Key command personnel will be informed by the communications officer of any
emergency situation or major incident.
The key command personnel will be specified by the Patrol Supervisor for the
Communication Center.
5.
Back-up Situations - At least two units or a two man unit will be dispatched to the
following types of calls:
A.
All crimes-in-progress calls;
B.
If the suspect is still at or near the scene;
C.
If participants may be armed or dangerous;
D.
All calls involving mentally disturbed persons;
E.
Major accidents or disasters; and
F.
Disturbance calls (e.g., intoxicated persons, domestic violence, loud
parties).
Section B Chapter 8
Page 8
B8-2 ALARM RESPONSE PROCEDURES
INTRODUCTION
The Agency recognizes the hazards encountered when officers respond to crimes-inprogress calls. Officers shall assume all alarms are bona fide crimes-in-progress. When
approaching the scene, officers shall use caution to determine if a suspect(s) is still
present. A confrontation at the scene will not only place the officer in danger but may
escalate the incident into a hostage situation.
PROCEDURE
1.
2.
Communications
A.
When an alarm is received by telephone, the communications officer shall
obtain the basic information and keep the caller on the line.
B.
If available, the communications officer should obtain the following; injuries,
status of the crime-in-progress, point of entry, any suspect description,
vehicle description, direction of travel, time lapse, and any hostages.
C.
The responding officer shall be kept updated.
D.
Upon request of the officer on the scene, the communications officer is to
make a telephone call to the alarm location to confirm the crime and relay
information. If the call is identified as a false alarm, the emergency
response should be canceled while the primary unit continues to the scene
for the report. The communications officer shall direct the caller to meet
the officer in front of his/her location with proper identification.
Patrol Unit Response - When notified of an in-progress alarm:
A.
An emergency response may be initiated or canceled by the supervisor,
responding officer, or the communications officer.
B.
If an emergency response has been initiated, the officer is to operate the
vehicle in accordance with the requirement of Section B Chapter 5
Vehicle Operations.
C.
The patrol unit(s) responding to the scene will approach with caution. A
single officer should/shall not enter the building until a back-up arrives, and
shall observe all activity.
Section B Chapter 8
Page 9
D.
If no suspicious activities have been observed at an open business/house,
the officer shall have the communications officer contact the
manager/owner or authorized representative and have him/her meet the
officer alone outside the establishment/house. The communications officer
should obtain a full description (including clothing) of the owner/manager
and relay the information to the officer at the scene. The manager/owner
or authorized representative should provide proper identification to the
responding unit.
E.
When the communications officer telephones the location of the alarm and
there is no answer, or unusual circumstances are detected during the
course of the conversation, it will be assumed that a crime is in progress.
Upon confirmation or assumed confirmation the appropriate responses
below will be initiated.
In the event a robbery is in-progress, the responding officer shall secure
the perimeter and call for additional units as needed. Where appropriate,
vehicular and pedestrian traffic will be detoured from the area. The patrol
supervisor shall establish a command location. The safety of citizens, as
well as law enforcement personnel, will be the highest priority in robbery
occurrences. No unauthorized action will be taken that threatens the lives
of others. At the discretion of the commanding officer at the scene, a
previously developed response procedure will be implemented.
NOTE: See Section B Chapter 11 - Unusual Occurrences /
Tactical Response.
In the event a burglary is in progress, the responding officer shall secure
the perimeter, call additional units as necessary, and locate the point of
entry. Entry into the structure shall be made under the direction of the
commanding/senior officer at the scene.
F.
If the suspect(s) have fled the scene, the primary unit will continue to the
scene to:
1.
Check for injuries;
2.
Notify the Communications Center and patrol units of any additional
information;
3.
Secure and protect the scene;
4.
Detain and separate the witnesses for interviews; and
Section B Chapter 8
Page 10
5.
G.
3.
Obtain names, business and home addresses, and telephone
numbers of all persons on the premises. To establish proper
identity, officers shall use driver's licenses or other valid photo
identification.
Other Unit Response - Any officer who monitors an alarm or in-progress
dispatch and is in the general vicinity of the incident location will notify the
patrol supervisor of his/her location. The patrol supervisor will be
responsible for coordinating the response of all law enforcement units.
Duties of the Patrol Supervisor
Upon receiving information that a crime is in progress, the Patrol Supervisor shall:
A.
Ensure primary and back-up units are in response;
B.
Position additional units as needed, and return any units that are not
needed back into service;
C.
Travel to the scene to supervise and coordinate activities;
D.
Notify any specialty units as needed; and
E.
Coordinate proper action dependent on the situation (stabilize the
situation).
GENERAL ORDER
SUBJECT:
ISSUED:
EFFECTIVE:
05/18/2007
Immediately
CANCELS:
Patrol Functions
REFERENCE:
DISTRIBUTION:
AMENDS:
All
B-9
INDEX
I.
PURPOSE
II.
III.
A.
General
B.
Traffic Law Enforcement
C.
Traffic Direction and Control
S.O.P. B9-1 RESPONDING TO CALLS FOR SERVICE
S.O.P. B9-2 TRAFFIC ACCIDENT INVESTIGATION
S.O.P. B9-3 MANAGING DISPUTES
S.O.P. B9-4 INVESTIGATION OF SUSPICIOUS PERSONS / VEHICLES
S.O.P. B9-5 BUILDING CHECKS AND SEARCHES
S.O.P. B9-6 MANAGING MENTALLY ILL OR INTOXICATED PERSONS
S.O.P. B9-7 VICTIM ASSISTANCE
S.O.P. B9-8 FAMILY VIOLENCE INCIDENTS
Section B Chapter 9
Patrol Functions
Page 2
I.
II.
PURPOSE
A.
Establishes the scope of a patrol officer's responsibilities.
B.
Establishes a priority system for handling calls for services.
C.
Establishes a standard operating procedure for responding to calls for
service.
D.
Establishes a standard operating procedure for traffic accident
investigation.
E.
Establishes a standard operating procedure for the management of
disputes, both civil and criminal.
F.
Establishes a standard operating procedure for the investigation of
suspicious persons and/or vehicles.
G.
Establishes a standard operating procedure for conducting building checks
and searches.
H.
Establishes a standard operating procedure for managing mentally ill or
intoxicated persons.
I.
Establishes a standard operating procedure for providing assistance for
crime victims.
A.
General
1.
Scope of the Law Enforcement Function
The Agency is responsible for: the protection of life, individual liberty
and property; the preservation of peace; the prevention of crime
and disorder; the detection and arrest of violators of the law; the
enforcement of state laws and City ordinances within the Agency's
jurisdiction; and the provision of public service to the community.
The function of the Agency must be broadly interpreted to include
many tasks other than the enforcement of laws.
2.
Attitude toward Providing Service
The Agency employees should recognize that service to citizens of
Section B Chapter 9
Patrol Functions
Page 3
the community is a major function of the law enforcement, and must
be rendered by every employee of the Agency. Employees should
try to assist citizens who are victims of a crime, need emergency
help, need assistance or would otherwise be inconvenienced by the
Agency's failure to act. This kind of service can range from giving
simple directions and advice to travelers, to providing victims of
crime with reassurance and support, to referring individuals to
applicable social service agencies.
3.
Crime Prevention
An important, though often overlooked, function of the law
enforcement is crime prevention. In many ways, crime prevention
is a more worthwhile function than after-the-fact investigation and
apprehension activities. In addition to suppressing crime through
visible, aggressive patrol, officers can accomplish long term crime
prevention objectives by informing citizens of ways to protect
themselves and their property. By encouraging citizens to
cooperate with other criminal justice and social agencies, officers
can effectively support efforts of a system-wide approach to prevent
crime.
4.
Maintenance of Order
Another broadly interpreted function of law enforcement might best
be defined as management of social order. For example, this role
includes such activities as preventing or settling family and
neighborhood disputes, providing traffic escorts and directions, and
assisting ill or injured persons.
5.
Patrol Objectives
The patrol operation exists to: provide 24 hour protection to the
citizens; prevent the occurrence of street crimes through preventive
patrol; respond rapidly to all requests for emergency law
enforcement service; improve the criminal apprehension rate by
conducting thorough preliminary on-the-scene investigations;
reduce traffic congestion and accident hazards through systematic
enforcement of traffic laws and ordinances; respond to and
investigate motor vehicle accidents; aid victims of accidents; assist
citizens in dealing with legal, medical, or social problems through
direct crisis intervention and/or making correct referrals to agencies
equipped to deal with such problems; and improve law
enforcement/community relations by increasing the quality and
quantity of contacts between citizens and law enforcement.
6.
Response to Calls
Section B Chapter 9
Patrol Functions
Page 4
The response to and investigation of citizen complaints and
requests for service should be given priority according to the
seriousness of the situation and the availability of resources.
Follow-up investigation of these incidents should be conducted, as
required.
7.
Prioritizing Calls for Service
It is usually possible for the Agency to respond to every call for
service; however, the Agency must organize available resources to
give the most efficient service possible. Priority of call assignment
depends on many factors, and it is normally the responsibility of the
communications officers to make these assignments. However, a
patrol officer may be required to decide between continuing on an
assigned call and responding to a citizen's complaint or other
observed event. The officer's determination should be based upon
the risk to life and property. When it is impossible for an officer to
respond to a citizen's complaint or an observed event, he/she shall,
if circumstances permit, either give direction for obtaining such
assistance or start the necessary notifications.
The following is a suggested list of priorities for guidance in
responding to calls:
8.
a.
Life threatening emergencies;
b.
Violent felonies in-progress;
c.
Violent misdemeanors in-progress;
d.
Other felonies in-progress;
e.
Non-criminal calls with injuries or property damage;
f.
Other misdemeanors in-progress;
g.
Other felonies not in-progress;
h.
Other misdemeanors not in-progress; and
i.
Miscellaneous service calls not involving injury or property
damage.
Preventive Patrol
Section B Chapter 9
Patrol Functions
Page 5
Although the patrol officer's work is often dictated by requests for
service, a considerable portion of the officer's work day is normally
consumed by preventive patrol. To make productive use of the
available time, officers should plan their patrol to focus on specific
problems within their area of assignment.
9.
Patrol Vehicles
Vehicles used in routine or general patrol service will be equipped
with emergency blue lights, siren and mobile radio transceiver.
Officers should routinely test the equipment to verify that it is in
proper working order.
10.
Knowledge of Area
Patrol officers shall know the physical characteristics of their
assignments as well as the current crime problems in those areas.
In addition, officers shall become acquainted with residents and
business people in their area of assignment. Patrol officers should
be skilled in the detection of criminal activities and assertively
conduct their own preliminary investigations and relay this
information to others within the Agency.
11.
Preventive Action
Patrol officers should be alert to conditions which are conducive to
crime (e.g., inoperative street lights, overgrown vacant lots, dead
ends). Whenever possible, officers should take the steps
necessary to prevent criminal activity such as advising a
storekeeper of points of vulnerability, mediating a family dispute
which could escalate into an assault or homicide, or managing
intoxicated persons.
12.
Commitment of Resources
As a public service agency, the Agency is mandated to protect the
interests and safety of all citizens. Under ideal circumstances, the
Agency should provide equitable service delivery; however, this
may be an unattainable goal. Consequently, requests from
individual citizens for special services (e.g., increased patrol, the
use of radar, premises checks) should be carefully evaluated in
terms of total Agency commitments before any promises are made.
If a service is promised, the officer making the assurance shall take
Section B Chapter 9
Patrol Functions
Page 6
steps to ensure the request for service is processed. When making
an assurance that a service will be provided, the officer shall inform
the citizen that other demands may make its compliance difficult.
13.
Radio Communication - Field Assignments
All officers engaged in field assignments shall have continuous,
uninterrupted access to two-way radio communication (portable
radios/walkie talkies).
B.
Traffic Law Enforcement
1.
The purpose of traffic law enforcement is to reduce traffic accidents
through preventive patrol and active enforcement. All uniformed
personnel have traffic enforcement responsibilities whether or not
they are assigned to the Uniform Patrol Division. To effectively
carry out this function, all officers must be familiar with Georgia
statutes that apply to traffic law enforcement. All traffic citations will
be issued using the Uniform Traffic Citation (UTC) system. Officers
and their supervisors are accountable for citations sequentially
issued from their UTC book.
2.
Traffic enforcement techniques:
a.
Visible traffic patrol;
b.
Stationary observation;
The tendency of motorists to knowingly violate traffic laws is
deterred by open and visible patrol. However, when there is
an unusual or continuing enforcement problem at a
particular location, officers may park in a conspicuous
location and observe traffic; and
c.
Unmarked vehicles;
These vehicles will not normally be utilized for traffic
enforcement activity. Sworn personnel operating unmarked
vehicles are to use discretion when stopping traffic violators
and are discouraged from enforcing minor violations.
Unmarked vehicles must be equipped with an emergency
light and siren when stopping any traffic violator. Private
vehicles will not be used for traffic enforcement.
Section B Chapter 9
Patrol Functions
Page 7
3.
Speed Measuring Devises - Use, Calibration and Maintenance
Only officers that have been specially trained and certified by
GAPOST are allowed to use the Agency's speed detection
equipment. The equipment will be calibrated and maintained as
specified by the manufacturer and applicable state requirements.
4.
C.
Traffic Accident Response (See S.O.P. B9-2 Traffic Accident
Investigation)
a.
The officer's response to an accident scene will be
determined by the magnitude of the accident as reported.
Officers responding to the scene of any accident will drive in
a safe manner with due regard for persons and property.
Emergency lights and siren will be used when responding to
accidents with known or probable injuries; and
b.
Upon arrival, the officer will determine if additional
assistance is required at the scene.
Traffic Direction and Control
1.
Manual Direction - Officers will manually direct traffic under the
following circumstances:
a.
b.
c.
2.
During periods of traffic or pedestrian congestion where
traffic control signals are malfunctioning;
During special events (notification should be given in
advance of any planned special event); and
Before and after school at crossing zones that do not have
guards assigned.
Fire and Emergency Scenes
Officers directing traffic at fire and emergency scenes will ensure
that all private vehicles, including volunteer firemen's vehicles are
well clear of the emergency scene and are not obstructing
emergency vehicles or other traffic.
3.
Disabled Vehicles and Highway Assistance
Upon observing a stranded motorist on any street or highway, the
officer shall stop and determine what assistance, if any, is required.
If the officer is in route to a call, the Communications Center should
Section B Chapter 9
Patrol Functions
Page 8
be notified to dispatch an officer when possible.
4.
Emergency Escorts
Police vehicles will not be used to escort other vehicles (civilian or
marked) on an emergency run. When possible, assistance should
be provided at intersections.
5.
Radar Operation
Radar operators must be certified by the State of Georgia and
comply with all state requirements
6.
Road Hazards
Officers shall report any road hazards to the Communications
Center. The following are considered road hazards:
III.
a.
Damaged or malfunctioning traffic control devices;
b.
Defective roadway lighting;
c.
Visually obscured intersections;
d.
Roadway defects; and
e.
Lack of, damaged or missing roadway signs or safety
devices.
_____________________
City Manager
Chris Hobby
_______________________
Larry Funderburke
Section B Chapter 9
Patrol Functions
Page 9
B9 -1 RESPONDING TO CALLS FOR SERVICE
INTRODUCTION
The Agency cannot be aware of every circumstance where law enforcement action or
assistance may be required. Citizens of the community are needed for this information. In
return, the people expect the Agency to respond to requests for law enforcement service
within a reasonable time and to satisfactorily perform the necessary services. As a
practical matter, the extent of the service may necessarily be limited, but, regardless of its
extent, professional service must be rendered in all cases.
I.
II.
Receiving calls
A.
Officers should never consider any call as routine.
B.
Officers should be discouraged from forming definite opinions about a call
before arriving at the scene. The circumstances at the scene should
determine the officer's actions.
C.
When the Communications Center receives a call for service from a nonEnglish speaking individual, the Communications Center will:
1.
Dispatch an officer to the call;
2.
Advise the officer that the complainant may not speak English;
3.
Advise the officer that he/she should notify the Communications
Center if an interpreter is needed; and
4.
If an interpreter is needed, one should be contacted from the list of
available interpreters maintained by the Communications Center.
Arriving at the Scene
Whenever possible, the law enforcement unit should be parked at a reasonable
Section B Chapter 9
Patrol Functions
Page 10
distance from the entrance to the location of a call. Officers shall:
III.
A.
Properly park his/her unit as close to the curb as possible;
B.
Depending on the type of call, additional weapons in the unit should either
be taken out or locked in the trunk;
C.
Approach buildings from an angle to reduce the possibility of an attack from
the inside;
D.
In cases where the immediate presence of law enforcement is required to
protect a person from possible death or injury, the first officer on the scene
will enter the building after notifying the Communications Center of his/her
intentions;
E.
If a situation requires one or more back-up units to respond, the first unit on
the scene should maintain a safe position until one of the back-up units
arrives; and
F.
If the officer determines that the complainant(s) cannot speak English, the
officer shall contact the Communications Center and request an interpreter.
Portable Radios
The portable radio/walkie-talkie shall always be carried.
IV.
V.
Approaching Doorways
A.
When approaching a doorway, officers shall knock on the door and stand
to either side of the entrance;
B.
When the officer is making the initial approach to any building, he/she
should take notice of any movement inside (e.g., persons, running
silhouettes, or flash light movement).
Building Interior
The interior of the building must be given careful consideration because:
A.
The possibility of more than one person may be present. During
confrontations, officers should keep all persons in front of them;
B.
Suspects or persons placed under arrest are probably familiar with the
Section B Chapter 9
Patrol Functions
Page 11
interior of the house or building:
C.
1.
Do not allow persons to retrieve hats, coats, purses, etc. Retrieve
only essential articles. All retrieved articles must be searched for the
safety and security of law enforcement personnel;
2.
Do not allow the arrested person to talk or wander around inside;
and
3.
All persons arrested and transported will be frisked/searched,
handcuffed, and placed in the rear seat of the transporting unit and,
when practical, secured with a safety restraining device.
The first officer to arrive at the scene has specific responsibilities:
1.
The officer shall begin to secure the scene and cover the most
likely avenue of escape;
2.
If difficulties or violence are encountered, the officer shall summon
assistance through the Communications Center by the quickest
means available;
3.
If injuries are involved, the officer shall administer first aid and
request emergency medical personnel;
4.
If the suspect has left the scene, the officer shall develop a
description and issue a lookout;
5.
The officer shall take charge of and process or protect the crime
scene, preserve evidence, and interview/detain witnesses present;
6.
If it is determined that additional help is needed, the officer shall
notify the Communications Center;
7.
The officer shall prepare the appropriate report. The first officer
arriving at the scene is generally responsible for the report;
8.
When serious types of calls (shootings, robberies, cuttings, nature
unknown, etc.) are unfounded, the officer shall notify the
Communications Center immediately; and
9.
On calls of an emergency nature, officers are to notify the
Communications Center of the circumstances of the call as soon as
possible. The Communications Center shall be informed of the
Section B Chapter 9
Patrol Functions
Page 12
situation if the officer is out of service for an extended period. A
superior officer who is monitoring the situation has the authority to
designate duties and responsibilities and send backup assistance
as needed.
D.
"Officer Needs Assistance" Call
1.
2.
3.
Units responding to assist an officer needing help shall operate with
blue light and siren;
If the exact situation is unknown, officers are to be particularly
observant and cautious when arriving at the scene; and
When the situation is under control or an assisting officer's services
are no longer needed, the officer should immediately notify the
Communications Center and return to service. Only those cars
directed to remain at the scene by the superior officer will do so.
Section B Chapter 9
Patrol Functions
Page 13
B9-2 TRAFFIC ACCIDENT INVESTIGATION
INTRODUCTION
The investigation of traffic accidents is necessary, not only to determine traffic law
violations, but also to obtain engineering data, protect the rights of the individuals involved,
and assist in traffic education. To ensure proper and complete investigation of accidents
the following procedures will be utilized:
I.
GENERAL PROCEDURE
Upon arrival at an accident scene, officers are to:
A.
Park the patrol vehicle so as to protect the scene and allow movement of
traffic. Administer first aid and advise the Communications Center when
rescue and/or wrecker service is needed. The officer will also advise if
another officer is needed for assistance, and the officer should set flares or
reflective triangles as needed;
NOTE: Officers should always wear the Agency issued reflective (specify
color) vest when working accident scenes.
NOTE: Flares should never be used if any type of fuel is present in the area.
B.
When serious bodily injury, death, or extenuating circumstances exist, the
investigating officer will notify the Patrol Division Commander to determine
if assistance from Georgia State Patrol is needed. In this case, vehicles
should not be moved unless absolutely necessary to preserve life or
prevent further collisions;
C.
Obtain driver's license and proof of insurance from all drivers involved in
the accident;
D.
Question and obtain names and addresses from any witnesses. When it is
necessary for a witness to leave the scene before the investigation is
complete, obtain all necessary information as quickly as possible and allow
the witness to depart;
E.
Investigate and determine the cause of the accident. Note the position of
all vehicles involved and take measurements whenever possible;
NOTE: A sketch should also be included with the officer's report.
Section B Chapter 9
Patrol Functions
Page 14
II.
F.
After the preliminary investigation is completed, clear the roadway quickly
and refrain from blocking any portion of the roadway while completing
paperwork;
G.
After the roadway is clear, the investigating officer should turn the unit's
blue lights off as quickly as possible if this can be done without creating a
hazard. This action will usually allow traffic to flow faster by attracting less
attention;
H.
When there are traffic violations, issue the appropriate citations and
subpoena the witnesses, if any, and allow them to leave; and
I.
If the driver and passengers of any vehicle involved were transported from
the scene because of injuries, the officer will follow up obtaining all the
information necessary to complete the investigation and report. Where
injuries are minor and all of the needed information has been obtained at
the scene, it is not normally necessary for the officer to conduct a follow-up
investigation.
ACCIDENTS INVOLVING SERIOUS INJURY OR FATALITY
A.
Investigating Officer Responsibilities:
1.
The officer receiving the initial call is to park at the end of the scene
and not in the scene area;
2.
The first officer on the scene will advise the Communications
Center of the emergency equipment needed and call for a
supervisor to assist at the scene;
3.
Officers are to begin administering the appropriate first aid to
survivors;
4.
When surviving victims are transported from the scene, the initial
officer will direct emergency medical technicians or ambulances into
and out of the area without disturbing the scene if at all possible;
5.
After survivors have been removed from the scene the accident
scene will be protected by diverting traffic from the area. Under no
circumstances will wreckers or spectators be allowed to enter the
accident scene unless authorized by the investigating officer;
6.
If time permits, the initial officer(s) should attempt to secure the
Section B Chapter 9
Patrol Functions
Page 15
names and phone numbers of witnesses; and
B.
If the investigating officers requests assistance from Georgia State Patrol,
the following steps will be followed:
1.
The initial officer receiving the call will arrive on the scene and park
outside of the scene area;
2.
Upon determination that a fatality exists, the initial officer will advise
the Communications Center, calling for a supervisor to assist;
3.
The initial officer will call for the Agency photographer and other
emergency assistance as needed. The accident scene will be
protected as a crime scene. Other traffic will be diverted or directed
around the scene;
4.
Any suspects at the scene will be detained by the initial officer,
either at the scene, or if injured, at the medical facility for later
investigation;
5.
No items such as vehicle parts, body limbs or deceased persons
should be disturbed or removed from the scene if at all possible;
6.
No wreckers or spectators will be allowed to enter the scene until
authorized;
7.
If a fatality exists, as determined by a certified emergency medical
technician, the victim should not be removed from the scene.
However, if a victim must be removed, the responsible officer will
document the position of the victim before removal;
8.
If different from the initial responding officer, the investigating officer
shall be called by the supervisor on the scene. The initial
responding officer shall make a supplemental report outlining
his/her activities to be included in the investigative report;
9.
The investigating officer will assume command of the accident
scene. All pertinent information will be relayed to this investigator;
10.
The investigating officer will complete all investigative reports and
will be responsible for conducting and concluding the investigation,
including the initiation of any criminal charges that may be
forthcoming and ordering blood or urine samples for testing;
Section B Chapter 9
Patrol Functions
Page 16
11.
The investigating officer will be responsible for clearing the accident
scene and impounding vehicles. The wrecker service impounding
the vehicle(s) will clear the roadway at the accident scene;
12.
It will also be the responsibility of the investigating officer to ensure
that every effort be made in contacting the victim's immediate family
before any news release occurs. All news releases will be made in
accordance with (SOP B7-2 Release of Information to News
Media); and
13.
The following reports will be submitted by the investigating officer
concerning a fatality:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
III.
Vehicle Accident Report;
Incident Report, outlining in detail the complete
investigation;
Vehicle Impound Report;
Copies of Witnesses' Statements;
Arrest Booking Report (if applicable);
Blood Alcohol Test on Victim;
Blood Alcohol Test on Suspect (if applicable);
Warrants (if applicable);
Reports by Medical Examiner or Coroner; and
Photographs (to be attached later).
HIT AND RUN (LEAVING THE SCENE OF AN ACCIDENT)
The following procedures will be used in accidents involving hit and run
circumstances:
A.
B.
First officer to arrive on the scene shall:
1.
Administer first aid and advise the Communications Center when
emergency equipment is needed:
2.
Obtain information and dispatch a lookout on the suspect's vehicle;
and
3.
If the hit and run accident involves a fatality, notify a superior officer.
The officer receiving the call will handle the investigation and report as
follows:
1.
Investigate and, if possible, determine the cause of the accident;
Section B Chapter 9
Patrol Functions
Page 17
IV.
2.
Attempt to obtain paint samples from the victim's car and the
suspect's car;
3.
Obtain any other evidence that would aid in identifying the suspect's
car;
4.
If possible, give additional information for lookout broadcast;
5.
All evidence collected at the scene should be turned over to the
Evidence Custodian;
6.
Complete a vehicle accident report and mark clearly on that report
that the accident is a hit and run. This will help to ensure the report
will go to the appropriate investigator; and
7.
Complete an incident report.
VEHICLE ACCIDENTS INVOLVING INJURY TO LAW ENFORCEMENT
PERSONNEL
All vehicle accidents involving law enforcement personnel and law enforcement
vehicles will be handled by the Georgia State Patrol. A very close investigation will
be made of all circumstances involving vehicle accidents resulting in injury to law
enforcement personnel and/or damage to law enforcement vehicles. All such
reports will be forwarded to the Director of Public Safety for review. In instances
where law enforcement personnel are held to be at fault, administrative actions will
be taken.
In addition, a report for Agency use only will be completed by supervisory
personnel and turned in on all accidents (vehicular) involving law enforcement
personnel.
The following procedures are to be used in reporting accidents involving law
enforcement vehicles:
A.
The officer shall notify the Communications Center of the accident, give the
location and other pertinent information and request that a supervisor be
dispatched to the scene;
B.
The shift supervisor will notify Georgia State Patrol;
C.
The shift supervisor will notify the Patrol Division Commander;
Section B Chapter 9
Patrol Functions
Page 18
V.
D.
The shift supervisor responding to the call will conduct the investigation and
prepare the report using the outline of procedures as in other vehicle
accidents; and
E.
Injured citizens will not be transported to the hospital in law enforcement
vehicles.
VEHICLE ACCIDENTS INVOLVING DIPLOMATIC OR CONSULAR
PERSONNEL
If during the course of an investigation of a motor vehicle accident, it is determined
that one of the vehicle(s) involved was either (1) operated by someone claiming
diplomatic or consular status, or (2) bearing diplomatic or consular license plates
issued by the United States Department of State, the investigating officer will
immediately contact his or her immediate supervisor and follow the procedures in
SOP B1-5 Diplomatic and Consular Immunity, Request for Asylum / Defection.
VI.
PRIVATE PROPERTY
Accident investigations on private property shall be marked "Private Property" on
the accident report.
This is a courtesy measure and circumstances must be taken into consideration
when writing the report (e.g., if serious bodily injury or death has occurred).
VII.
WRECKER SERVICE
The following procedure for obtaining wrecker service shall be followed:
A.
B.
The officer requesting service should make the request through the
Communications Center:
1.
Only the contract wrecker services approved by the City shall be
used when requested by the Agency;
2.
A vehicle inventory form will be completed on every police
requested impound.
3.
An officer will remain at the scene until the wrecker has towed the
car away.
Accident victims may use the wrecker service of their choice when:
1.
The victim or driver is not under arrest; and
Section B Chapter 9
Patrol Functions
Page 19
2.
The vehicle involved is not causing an immediate traffic hazard and
will be moved within a reasonable time.
3.
When a victim or driver request a wrecker service this will not be
considered a vehicle impound and no vehicle inventory form is
required.
4.
The driver should be made aware that the wrecker service cannot
be canceled once the wrecker is in route.
Section B Chapter 9
Patrol Functions
Page 20
B9-3 MANAGING DISPUTES
INTRODUCTION
The role of law enforcement officers in non-criminal, civil disputes is that of an impartial
keeper of the peace. The role of law enforcement officers in criminal disputes is to restore
order, quell disturbances and to make the necessary arrests for violations of the law. The
purpose of this S.O.P. is to establish guidelines governing the involvement and action of
Agency personnel in both civil and criminal disputes.
I.
Civil (Non-Criminal) Disputes Defined:
A civil dispute shall mean non-violent confrontations between two or more persons
which do not involve a breach of the peace or the commission of a criminal act.
The following procedures will be used for handling non-criminal disputes:
A.
Stand-by Situations
Often, law enforcement personnel are requested to stand by to prevent
assault or breach of the peace domestic situations where one or more
persons may be removing personal belongings from a location (i.e., home,
apartment, business). When a stand-by situation occurs on private
property, the officer shall remain on public property or the roadway unless
the officer is admitted by all occupants or claimants of such property. If
there is a violation of the law, the officer can enter the property to take
action. When entry into private property and/or the removal of property is
denied to a claimant by another who is in possession, the following
procedures will be implemented:
1.
The officer shall advise the complainant that claims to personal
property will not be enforced by the Agency without an order from
the court;
2.
If attempts are made to recover personal property over the
objection of another, misdemeanor assaults which occur outside
the officer's presence will not be cause for a warrantless arrest;
3.
If a confrontation between two or more persons develops into a
breach of the peace, both or all disputants will be subject to arrest;
Section B Chapter 9
Patrol Functions
Page 21
4.
B.
Claimants may not trespass upon the property of another for
purposes of removing or recovering property without a court order
empowering them to do so.
Domestic or Neighborhood Arguments (not involving weapons)
In domestic or neighborhood disputes, an officer shall:
C.
1.
Park in a manner that allows safe approach and an opportunity to
evaluate the situation;
2.
Separate and interview disputants in a calm and unbiased manner;
3.
Get disputants to offer or suggest alternatives for resolving the
dispute; and
4.
Maintain third party neutrality while restoring normal
communications between disputants.
Orders of the Court
Officers of the Agency shall enforce only local and current orders of the
court which specifically direct the Sheriff or his duly constituted deputies
and/or police officers to execute the order of judgment:
II.
1.
After a local order of the court (e.g., restraining order) has been
served, violations of the order which occur after the order is served
must be reported by the complaint to the court which issued the
order;
2.
Enforcement of violations of a local court order must originate from
the court with an arrest warrant. Officers shall not make
warrantless arrests for violations of civil court orders; and
3.
A conditional order of the court which orders the arrest of a person
shall not be executed unless the order is current and verification of
the order and its provisions can be established at the time of arrest.
Criminal Disputes Defined
A criminal dispute is any confrontation between two or more persons which
involves breaches of the peace, increased potential for violence, incidents of
misdemeanor assaults committed in an officer's presence, as well as related
felonies. Procedures for handling criminal disputes (assaults and disturbances)
Section B Chapter 9
Patrol Functions
Page 22
are:
A.
In violent or felony disturbances, or when weapons are involved, an
assisting patrol unit will be dispatched. When an assisting patrol unit is
unavailable for dispatch, a supervisor shall be sent;
B.
In violent or felony disturbances, or when weapons are involved,
responding patrol units should coordinate a simultaneous arrival;
C.
Responding units will park in a manner that allows safe approach to the
incident location;
D.
Responding officers should attempt to observe disputants and evaluate the
nature and extent of the incident before making their presence known;
E.
Officers shall separate and calm disputants and attempt to establish normal
speaking conversation;
F.
Officers should maneuver themselves into a position where disputants are
facing away from each other while officers are facing each other. In this
position, each officer can then see the front of one disputant, and the back
of the disputant who is facing the second officer;
G.
Officers shall determine if there is cause for an arrest without a warrant:
1.
Upon sufficient cause (probable cause for felony, spouse or child
abuse, etc; or serious misdemeanors committed in officer's
presence), an arrest shall be made; and
2.
Disputants will be notified of procedures for initiating criminal
prosecution when there is insufficient cause (or need) for arrest
without a warrant.
H.
Officers may attempt to bring disputants back together to develop
alternatives for conflict resolution, or to obtain further aid or counseling; and
I.
When a dispute cannot be resolved and the potential for violence continues
to exist, officers shall attempt to persuade one of the disputants to leave
the premises voluntarily.
J.
If an act of family violence occurs, the responding officer shall make a
determination as to whether an arrest based on probable cause is
necessary, as stipulated under the Family Violence Act OCGA 19-13-1
and 17-4-20.1 and Arrest under OCGA 17-4-20.
Section B Chapter 9
Patrol Functions
Page 23
B9-4 INVESTIGATION OF SUSPICIOUS PERSONS / VEHICLES
INTRODUCTION
Officers are unable to predict which persons may react violently when confronted by law
enforcement officers. Failure of the officer to be alert for this potential can have
catastrophic results; therefore, caution must be exercised with each confrontation. To
ensure that officers approach suspicious persons/vehicles in a consistent manner, the
following procedures are to be followed.
I.
Investigation of Suspicious Pedestrians
A.
The officer shall notify the Communications Center of the situation
including:
B.
1.
The number of persons, race, sex, and approximate age of the
persons, description of clothing, as well as the location of the
individuals shall be relayed to the Communications Center before
the investigation begins;
2.
If possible, avoid making the investigation in a crowd;
3.
At night, attempt to direct the car lights on the suspects; and
4.
Each person shall be investigated through the GCIC/NCIC
computer.
If two or more pedestrians need to be investigated, another officer should
be called to assist before approaching them:
1.
The stopping and investigating of the pedestrians should not take
place until the assisting officer arrives; and
2.
Each officer should perform a certain part of the investigation:
a.
The first officer will guard the suspects; and
b.
The second officer should perform a frisk search in
accordance with procedures in Section B Chapter 9. If the
persons are considered dangerous, officers should use the
wall/prone search position to frisk the suspect.
Section B Chapter 9
Patrol Functions
Page 24
C.
II.
During the interview, officers are to treat suspects in a courteous manner
and inform them of the reasons they were stopped and questioned.
Officers are never to question any suspect while remaining seated in the
law enforcement vehicle and the suspect outside.
Vehicle Checks/Suspicious Vehicles - Felony Stops
A.
When makings felony stops of suspicious vehicles, officers are to adhere to
the following procedures:
1.
An officer may receive a call to check a suspicious vehicle, or may
observe a suspicious vehicle moving or parked. The officers should
request a tag check on the suspicious vehicle from the
Communications Center. Once stopped, sufficient probable cause
is necessary before a vehicle can be searched. The driver's
licenses of individuals should be checked;
2.
Officers will notify the Communications Center when they are
following a vehicle they wish to investigate. Officers should give the
Communications Center the license number, a description of the
vehicle, the direction of travel (approximate location), the number of
occupants, sex and race;
3.
The communications officer should send a second unit as back-up
when possible. A computer inquiry on the license number of all
suspicious vehicles shall be made and the results reported to the
officer as soon as possible;
4.
The initiating officer will give information on the direction of travel
and approximate location as often as possible;
5.
Upon arrival of the assisting officer, the Communications Center
shall be notified and advised of the radio numbers of both law
enforcement units;
6.
When stopping the suspicious vehicle:
a.
If possible, the officer should stop the suspicious vehicle in a
well lighted area. In addition, officers should avoid stopping
the vehicle at an intersection or in a heavily congested area;
and
b.
If the vehicle stops unexpectedly and the occupants attempt
to exit the vehicle, the officer is to order them to remain in
Section B Chapter 9
Patrol Functions
Page 25
their vehicle. If a backup unit is in route, the officer will
remain with his/her patrol unit until the arrival of the backup
unit.
7.
When a decision is made to stop a suspicious vehicle, the officer is
to engage the unit's blue lights and when necessary, the unit's
siren;
8.
The initiating officer should, if possible, stop his/her unit
approximately 12 feet behind and to the left of the suspect's vehicle;
9.
When appropriate and at night, the initiating officer will turn his/her
unit's lights to high beam and focus his/her unit's spotlight on the
interior of the suspect's vehicle. Blue lights and emergency flashers
will also be used. Backup units are to stop approximately two feet
to the rear and directly behind the first patrol unit. The backup
unit's headlights should be turned off and the emergency flashers
and blue lights should be left on.
10.
While standing behind the open left door of his/her unit and via the
unit's public address system, the initiating officer should order the
suspects to exit their vehicle from the left side;
11.
Suspects are to be ordered to line up side by side facing the
initiating officer (when possible), and ordered to keep their hands
away from their pockets and in full view;
12.
The backup officer is to assume a position at the right rear bumper
of the first law enforcement unit, (being sure not to stand directly
between the bumpers of first and second units). If practical, the
backup officer should seek a position to the right of the law
enforcement units, provided the seeking of this position can be
made without endangering the officers. The backup officer is to
maintain this position until the officer is reasonably sure all
occupants are out of the suspect's vehicle. Once the suspects are
out of their vehicle, the backup officer is to conduct a visual
inspection of the suspect's vehicle. When approaching the
suspect's vehicle, the backup officer should attempt to keep an
object between him/her self and the suspect's vehicle without
obstructing his/her view;
13.
After the interior of the suspect's vehicle has been checked, the
backup officer is to return back along the right side and rear of the
first police unit to the left of the suspects. Once in position, the
Section B Chapter 9
Patrol Functions
Page 26
backup officer is to order the suspects to a wall search position on
the suspect's vehicle;
14.
15.
B.
The initiating officer is to assume a position even with the front
headlights of his/her unit. An officer should never walk or stand in
front of his/her unit's headlights. From this location the officer will
guard the suspects while the backup officer handcuffs the suspects'
hands behind their backs and starts a frisk search of the suspects;
After the search is complete, the suspects shall be advised that
they are under arrest for (cite specific felony violations and other
charges), read their rights under Miranda, and place the suspects in
the back seat of one of the patrol units;
16.
If a vehicle search is warranted, the backup officer is to initiate it;
17.
The officers should request the Communications Center run a
computer check on all suspects;
If an officer is going to investigate a suspicious vehicle without assistance,
the following procedures are to be followed:
1.
Once an officer identifies a suspicious vehicle he/she want to stop,
the officer is to notify the Communications Center of the vehicle's
license number, description, sex/race of the driver, and their
approximate location;
2.
The officer is to use the unit's blue light and when necessary the
siren to stop the suspect's car;
3.
When the suspect's vehicle pulls over, the officer is to position his
unit approximately 12 feet behind and to the left of the suspect's
vehicle (when appropriate);
4.
As the officer stops his unit, the unit's flashers and blue lights
should be left on. The officer should focus the unit's spotlight
through the rear window of the suspect's vehicle;
5.
When approaching the suspect's vehicle, the officer is to walk up on
the driver's side and visually check its interior. If the driver is the
only occupant of the vehicle, the officer is to assume a position
clear of the door approximately one foot to the rear driver's door.
The officer is to order the suspect out on the left side;
6.
If a visual check reveals other occupant(s) in the vehicle, the officer
Section B Chapter 9
Patrol Functions
Page 27
will order every one out of the vehicle as described in items #10 and
11 above;
C.
7.
Once the suspects have been removed from the vehicle, they are to
be handcuffed and frisked.
8.
Once the frisk search is complete, the suspects shall be advised
that they are under arrest for (cite specific felony violations and
other charges) and placed in the back seat of the patrol unit;
9.
If the officer has probable cause to conduct a search/inventory of
the suspect's vehicle that cannot be conducted at the scene, the
officer shall implement steps to obtain a search warrant;
10.
Officers shall check the suspect's name and vehicle through the
GCIC/NCIC computer;
Safety Measures to be taken by Officers during Vehicle Stops:
1.
When practical, the vehicle to be checked will not be stopped until a
backup unit is immediately available;
2.
The assisting unit will, when possible, avoid arriving head-on at the
vehicle being checked;
3.
If the assisting unit must approach head-on, and the suspect's
vehicle has stopped or stops suddenly, the initiating officer should
not start the vehicle check until the backup unit is in position;
4.
Officers shall not make a vehicle check without advising the
Communications Center;
5.
All suspects in the process of being checked should be frisked
before they are interviewed;
6.
a.
Georgia statutes permit frisks (limited search for weapon)
for the protection of the officer before an arrest is made or
even if no arrest is made; and
b.
A valid arrest must precede a search for valid evidence that
goes beyond a frisk for dangerous weapons.
Use blue lights and when necessary the unit's siren when stopping
a vehicle;
Section B Chapter 9
Patrol Functions
Page 28
7.
If at all possible, an officers should not give suspects too much
warning of the intention to stop them. Officers should not follow too
closely;
8.
Advance notice will allow a suspect to plan an attack or alibi or
dispose of evidence before officer approaches the suspect's
vehicle;
9.
Officers must never drive alongside a suspect's vehicle and talk to
the suspect from the police unit. If the person warrants
investigating or interviewing, the officer shall conduct the check in
the appropriate manner as enumerated above.
Section B Chapter 9
Patrol Functions
Page 29
B9-5 BUILDING CHECKS AND SEARCHES
INTRODUCTION
One method of reducing the threat of burglary is through law enforcement initiated building
inspections. By checking buildings thoroughly, the officer can lessen the probability of an
occurrence or quickly determine whether a crime has occurred. If a crime has been
committed, a search should collect significant data on the method of operation, the point of
entry and exit, the time frame, and other information imperative to the timely reporting of
the preliminary investigation.
I.
Checking Buildings as a Part of Patrol
A.
B.
C.
When leaving their unit to check a building, officers are to notify the
Communications Center:
1.
Of the exact address or location of the building to be checked; and
2.
If it is suspected that a prowler is in the building or in the vicinity,
additional officers should be requested.
When checking a building, officers should always carry a flashlight:
1.
When searching the area, the flashlight should be held away from
and to the side of the body;
2.
The flashlight should not be carried in the gun hand; and
3.
An attempt should be made to maintain a continuous beam from
the flashlight. Intermittent flashes of light should not be made
because it will adversely affect the officer's night vision.
4.
Officers should carry their mobile radio when conducting building
checks; however, the volume should be turned to low.
All doors and windows should be thoroughly checked by:
1.
Depressing the latches or turning the knob when checking doors.
Padlocks should be inspected for signs of tampering or defects;
and
2.
Inspecting the window sills for pry marks and disturbance of dirt
Section B Chapter 9
Patrol Functions
Page 30
particles.
Section B Chapter 9
Patrol Functions
Page 31
II.
D.
Officers should make an effort to be familiar with the normal appearance of
the building and inspect for unusual conditions in the structure, e.g., lights
not turned on as usual, window shades drawn, and safe or office furniture
moved;
E.
Check for ladders, barrels, boxes, etc., against the wall of the building
which may indicate the possibility of prowlers on the roof.
F.
Be alert for "lookouts" in the vicinity:
1.
Lookouts are usually in a place where they can observe an officer's
movements and be seen by associates on the inside;
2.
The lookout should be apprehended immediately only if it appears
he/she will flee before assistance arrives; and
3.
Be observant for any person with a walkie talkie radio as they may
be a lookout (use of C.B. radio is not uncommon).
G.
Be alert for unusual noises;
H.
If time permits, officers should check buildings more than once during a
shift; and
I.
Officers should be conscious not to develop the habit of checking a building
at the same time during each patrol shift.
Procedure When an Open or Unlocked Door or Window is Discovered
A.
In the event officers discover an open or unlocked door, they are to
immediately notify the Communications Center of the building's address,
what has been detected and request a superior officer and additional
assistance, if needed.
B.
An officer shall not enter an unsecured building until the superior officer
arrives.
1.
If a superior officer is not available, request assistance of another
patrol unit and await the arrival of the second unit before entering
the building;
2.
While awaiting for back-up officers to arrive, the officer should be in
a location to monitor the most likely avenues for escape; and
Section B Chapter 9
Patrol Functions
Page 32
3.
When the back-up officer arrives, the officer at the scene should
disclose his/her location by radio.
C.
The ranking officer at the scene will be in charge of the building search. If
no ranking officer is present, the officer assigned to the area in which the
building is located will be in charge. If the officer assigned to this area is
not present, the first officer receiving the call or discovering the condition,
will be in charge;
D.
Officers will be posted outside the building to prevent possible escape of
prowlers before the building is entered by the search party;
1.
The number and positioning of officers will be made to ensure each
exit is visible to the officers; and
2.
Each officer shall remain at his/her assigned position until the
search is completed.
E.
When going through doorways officers should slowly open the door about
one inch, stand away from the door and listen for a moment. Then, the
officer should open the door cautiously and enter;
F.
Buildings with two or more floors will be searched from the bottom up.
Elevators and stairways should be secured and controlled;
G.
In the event that a security guard may be working in the building, the officer
must be careful not to mistake the security guard for a prowler;
H.
When the search of the building is complete, the investigating officer will
notify the Communication Center by phone, if possible. The
Communications Center is to call the owner to notify him/her that a door
was found open and ask him/her to go to the scene. Once the owner has
been notified, the investigating officer is to be informed if the owner is
coming to the building;
I.
One officer will remain at the scene until the building owner or representative arrives. If the Communications Center is unable to contact the owner
or representative, the building is to be secured as well as possible; and
J.
Once complete, the necessary reports will be prepared by the investigating
officer.
Section B Chapter 9
Patrol Functions
Page 33
B9-6 MANAGING MENTALLY ILL OR INTOXICATED PERSONS
INTRODUCTION
Most law enforcement officers will have some experience with one or more persons who
behave abnormally. When confronted with this situation, an officer should endeavor to
gain as much background information about the individual as possible.
I.
Signs to Help in the Recognition of Mental Illness in a Person:
A.
B.
C.
Significant changes in behavior:
1.
Others will say that an impaired person is not "himself";
2.
They may behave in a way dangerous to themselves or to others;
and
3.
They may withdraw into themselves, talking only to themselves.
They may have sensations that are not based on reality:
1.
Visions, strange odors, peculiar tastes or voices -- all or any one of
these sensations may be experienced by the impaired person;
2.
They may have sensations about themselves that are not realistic.
The impaired person may have unrealistic ideas about themselves:
1.
They may believe that they have a grand position;
2.
They may believe that they are worthless (e.g., extreme
depression);
3.
They may have delusions (e.g., unrealistic ideas) about the world;
4.
They may exaggerate events that occur;
5.
They may believe the world is more unfriendly than it is;
6.
They may have strange losses of memory or not know the time, or
where they are, or who they are.
Section B Chapter 9
Patrol Functions
Page 34
II.
When officers encounter someone who is exhibiting symptoms of a mentally
ill or impaired person they should:
Section B Chapter 9
Patrol Functions
Page 35
A.
Take time to evaluate the situation;
B.
Not abuse or threaten the person;
C.
Avoid unnecessary excitement;
D.
Not become overly excited or emotional; and
E.
Not lie to them.
III.
The types of impaired (abnormal) behavior that are most dangerous are the
violent, depressed/suicidal, or where physical illness or loss of memory is
involved;
IV.
Impaired (abnormal) behaviors seen most often by law enforcement officers
include:
V.
A.
The psychopathic personality;
B.
The alcoholic;
C.
The drug addict;
D.
The sex offender;
E.
The mentally retarded; and
F.
The mental disorders of old age.
Handling Intoxicated Persons:
When a complaint is received from a person in such an intoxicated condition, mere
drinking is not sufficient, that any information from them is doubtful or unfounded,
without witnesses and/or physical evidence, the officer shall:
A.
Make a miscellaneous incident report noting the condition of the
complainant;
B.
Advise the complainant that a report will be taken by the Agency if he/she
call back when he/she is sober; and
C.
If the complainant is arrested, his/her complaint will be noted in the
narrative section of any Incident Report that is made.
Section B Chapter 9
Patrol Functions
Page 36
D.
Exceptions:
1.
There is visible injury to the complainant or another;
2.
The offense was witnessed by a sober person; and
3.
It is obvious that a crime has occurred.
E.
If there is continued harassment (numerous unfounded calls by the
complainant) the officer should initiate steps to have the person provided
treatment or place criminal charges against them for the appropriate
offenses.
F.
Procedure for Transporting Mental Patients
1.
Any peace officer (peace officer is defined as being any federal,
city, or county police officer, and any officer of the Georgia State
Patrol, or any sheriff or deputy sheriff) within 72 hours after
receiving a physician's certificate stating that a person appears to
be mentally ill and in need of involuntary treatment must make a
diligent effort to take the person, named in the certificate, into
custody and deliver him or her to the nearest available emergency
receiving facility serving the county for an examination OCGA 37-341-(a).
Any peace officer taking into custody and delivering for examination
a person, as authorized by OCGA 37-3-41, shall execute a written
report detailing the circumstances under which such person was
taken into custody. The report and either the physician's certificate
or court order authorizing such custody shall be made a part of the
patient's record.
2.
A court (probate, or juvenile if person is under 17 years of age) may
issue an order requiring any peace officer to take a person into
custody and deliver that person for examination to the nearest
available receiving facility or to a physician who has agreed to
examine the individual for the purpose of deciding if he or she is
mentally ill and in need of involuntary treatment. The court order
must be based either on a timely physician's certificate or on the
affidavits of two persons attesting that they have seen the person
within the past 48 hours, and based on their observations, they
have reason to believe that such person is mentally ill and in need
of involuntary treatment. The court order shall expire seven days
after it is executed. OCGA 37-3-41(b).
Section B Chapter 9
Patrol Functions
Page 37
3.
Any peace officer may take any person to a physician or directly to
an emergency receiving facility for an examination, if the person is
committing a penal offense and the officer has probable cause for
believing that the person is mentally ill and in need of involuntary
treatment. The officer need not formally tender charges against the
individual prior to taking him or her in for an examination OCGA-373-42(a). Whenever a person is taken into custody for the purpose
of transport to a physician or a medical facility for an examination,
the officer must complete a written report detailing the
circumstances under which such person was taken into custody
OCGA 37-3-41; 37-3-42.
4.
The governing authority of the county of the patient's residence is
responsible for arranging all required transportation of mental
patients. The type vehicle used shall be in the discretion of the
governing authority, but whenever possible, marked vehicles
normally used to transport criminals or those accused of crimes
should not be used for the transport of mental patients. The court
shall, upon the request of the county board of health, order the
sheriff to transport the patient in such manner as the patient's
condition demands. At any time the county board of health is
satisfied that the patient can be transported safely by family
members or friends, such private transportation shall be
encouraged and authorized (OCGA 37-3-101).
5.
Upon request of the county board of health, the probate court, or
juvenile court if the individual is under 17 years of age; OCGA 37-31(4) must order the sheriff to transport the mental patient to a state
owned or operated facility in such manner as the patient's condition
demands. No female patient shall be transported at any time
without another female in attendance who is not a patient, unless
such female patient is accompanied by her husband, father, adult
brother, or adult son OCGA 37-3-101.
Section B Chapter 9
Patrol Functions
Page 38
B9-7 VICTIM ASSISTANCE
I.
PURPOSE
It is the purpose of this policy to emphasize the needs of victims of crime and
noncriminal incidents and the responsibilities of officers to provide support,
information and guidance for these individuals.
II.
POLICY
Law enforcement officers are often in a unique position to provide assistance to
victims of crime and other traumatic incidents that may have both immediate and
long-term impact on their emotional recovery. Also, victims who feel that they were
treated with understanding and concern for their hardships and suffering more
frequently become enthusiastic about cooperating with the investigation and
assisting in the prosecution. Therefore, it is the policy of the Agency to enhance
the treatment of victims and survivors of crime and noncriminal crisis situations by
providing the assistance and service necessary to speed their physical and
emotional recovery, and to support and aid them as they continue to interact with
the criminal justice system.
III.
PROCEDURES
A.
Safety and Security
1.
Officers are responsible for securing the crime or incident scene to
protect lives and ensure safety.
2.
Officers shall render emergency aid to individuals who have
suffered physical injuries, and shall, as soon as possible, summon
any necessary medical assistance.
3.
Where physical injuries are not apparent, victims shall be asked if
they are injured and whether medical attention is required.
4.
In order to reduce fright and promote victim communication, victims
should be informed as soon as appropriate that they are not longer
in immediate danger.
5.
Recognizing that victims often suffer physical and/or emotional
shock, officers shall assist them in making decisions and keep them
Section B Chapter 9
Patrol Functions
Page 39
informed of police actions and requirements.
Section B Chapter 9
Patrol Functions
Page 40
6.
B.
Whenever possible, police officers should not leave a distraught
victim alone. Arrangements should be made to have a relative,
friend, family or Agency clergyman join the victim for emotional
support and comfort, or arrange for transportation of the victim to a
friend, family member or other appropriate service provider.
Providing Emotional Support
In order to calm and assist the victim in regaining composure, officers shall:
C.
1.
Allow the victim a reasonable period of time in which to express
feelings and emotions while describing what happened during the
incident;
2.
Express empathy for the victim and recognition and understanding
for emotional reactions;
3.
Provide reassurance that the victim's feelings are normal and
understandable;
4.
Not be overtly judgmental of the victim's feelings and emotions or
the apparent lack thereof, or of victim judgments or actions related
to the incident;
5.
Help redirect any self blame and responsibility for the criminal act
from the victim to the perpetrator; and
6.
Emphasize your commitment and that of the Agency to assist and
work with the victim.
Information and Referral
Before leaving the scene it is important that officers take the steps
necessary to meet victims' needs for support and information. These
include:
1.
Providing a brief overview of what actions will be taken shortly
thereafter, and answering such questions as, "Will a criminal
investigator contact the victim?" "Will evidence technicians be used
at the scene?" "Will lineups or showups be held?" and "What other
law enforcement actions will be taken?”
2.
Providing information on victim service agencies available in the
community; and
Section B Chapter 9
Patrol Functions
Page 41
3.
D.
Leaving the names and telephone numbers where the victim can
reach the officer or the criminal investigator at the Agency, and
encouraging the victim to use the number to report additional
information about the incident or to request information or
assistance.
Follow-up
Lack of information about the status is one of the greatest sources of
dissatisfaction among victims of crime and victims' survivors. Therefore,
officers assigned to criminal investigations shall make routine victim callbacks in order to determine whether the victim has new information
concerning the case, to ascertain whether the victim is in need of
assistance from outside sources or the Agency, and to relay information
relating to such matters as:
1.
The status of stolen, recovered or removed property;
2.
The arrest and detention of suspects, and their pretrial release
status;
3.
The victim's possible eligibility for victim compensation;
4.
Court restraining orders;
5.
Court proceedings and schedules; and
6.
The operations of the Agency and the criminal justice system.
Section B Chapter 9
Patrol Functions
Page 42
B9-8 FAMILY VIOLENCE INCIDENTS
I.
PURPOSE
It is the policy of the Agency to fully investigate and accurately report family
violence complaints brought to the attention of the Agency, to arrest offenders
where lawful and appropriate, to provide protection and assistance to victims of
family violence, and to inform involved parties of the various services that may be
available to them within the criminal justice system, from social service agencies
and other community resources.
II.
DEFINITION
The use of the term "family violence" in this SOP will be defined in OCGA 19-13-1.
III.
RESPONDING TO A FAMILY VIOLENCE INCIDENCE
A.
Communication
1.
Upon receipt of a call for service, the communications officer should
determine as quickly as possible whether or not the call concerns
an incident of family violence. If so, the communications officer
should get as much information as possible from the complainant
(e.g., injuries, weapons involved, whether minor children are
present/involved, the exact location, whereabouts of perpetrator
and other relevant information).
NOTE: If a call for service is received by someone other than law
enforcement and then transferred to the Agency or if an untimely
report is received by the Agency, the officer receiving the call
should immediately contact his/her supervisor. The supervisor shall
then cause an investigation as described below to be conducted.
2.
Once the information has been received, the communications
officer shall immediately designate one primary unit and whenever
possible, a backup unit. The responding officers shall be provided
with all available information by the communications officer upon
initial dispatch. Each officer shall approach family complaints with
caution and discretion.
3.
The communications officer shall notify a supervisor whenever the
incoming call involves violence or a threat to life and/or bodily harm
Section B Chapter 9
Patrol Functions
Page 43
(i.e., weapon involved). The officer will call a supervisor to the
scene if after arriving; the officer(s) find these conditions. When
possible, supervisors should monitor the radio traffic involving the
family violence complaint and proceed to the scene of the incident
to assist the officer(s) as necessary.
B.
Patrol
1.
When dispatched, officers should respond immediately to the
location. If the officer finds the disturbance to be in progress,
he/she should notify the communications officer about the following:
location of the problem, nature of the disturbance, and the
necessity of a back-up unit and/or supervisor. If the disturbance is
not in progress, the officer should immediately attempt to contact
the complainant and proceed with the investigation.
2.
Officers responding to family violence complaints will coordinate
their arrival at the scene without delaying the response time. Upon
arrival at the scene of family violence, the responding officers will
advise the communications officer of the location of the complainant
if different from the original dispatch location. Officers should park
their vehicles in a readily accessible position. The vehicles should
be locked and secured.
3.
If the disturbance is at a private residence, the officers should
attempt to contact the complainant before proceeding further.
Officers should not enter a private residence except on the direct
invitation of the owner or resident, unless probable cause exists to
make an arrest or a confrontation is in progress.
NOTE: Officers should make every effort to speak to every occupant
of the residence before leaving.
4.
Once the officer(s) has entered the residence, they should
prudently attempt to separate the parties in conflict and calmly listen
to each person to determine the cause of the conflict and to gather
additional information (e.g., who was the primary aggressor).
5.
Officer(s) should avoid "taking sides" with either party in the
dispute. These family violence complaints should be handled as
criminal incidents. Reconciliation or divorce should never be
suggested or discussed with the parties involved. Officers should
be prepared to offer referrals to the victim concerning the location of
shelters, victim witness assistance programs, counseling, etc.
Section B Chapter 9
Patrol Functions
Page 44
NOTE: The existence of probable cause and the elements of a crime
shall be the sole factors that determine the proper method of
handling the incident. Factors that should not influence the
officer's course of action in family violence include: the
relationship or marital status of the suspect and the victim;
sexual orientation; speculation that the complainant may not
follow through with the criminal justice process or that the
arrest may not lead to a conviction; the complainant's history
or prior complaint; whether or not the suspect lives on the
premises with the complainant; the complainant's emotional
state; injuries that are not visible; verbal assurances that the
violence will cease; the location of the incident, (i.e., public or
private); the potential financial consequence of arrest; or the
lack of a temporary restraining order or other protective
orders.
C.
6.
An arrest should be made in the event there is probable cause to
believe that a felony has occurred. All suspects arrested should be
taken into custody. If an officer has probable cause to believe that
a felony has occurred, an arrest should be made.
7.
Suspects should be arrested in the event that a misdemeanor
family violence incident occurs in the officer's presence, or if the
officer has probable cause to believe that an act of family violence
has been committed. Such situations include, but are not limited to:
an officer who witnesses an act of family violence, a violation of a
restraining order, or illegal possession of a weapon.
8.
In the event the officer does not have the probable cause or
necessary evidence to make an arrest, he/she shall make a good
faith effort to inform the complainant of his/her rights to appear
before a magistrate to seek a warrant for arrest. When possible,
such discussion should be held out of the presence of the suspect.
An officer should not encourage nor dissuade complainants from
attempting to obtain a warrant from a magistrate.
Investigation of Family Violence Cases
Officers arriving at a family violence scene should conduct a thorough
investigation and submit objective reports of all incidents of violence and all
crimes related to family violence. The Family Violence Reporting form
should be completed and processed in accordance with OCGA 17-4-20.1.
Section B Chapter 9
Patrol Functions
Page 45
1.
Arrival at Scene
a.
Determine location and condition of victim and suspect;
b.
Determine if any weapon(s) are involved or within the home;
c.
Provide appropriate level of aid to injured parties;
d.
Separate suspect, victim and witness (victim should be out
of suspect's view); and
e.
Take photographs of the victim, suspect, and scene.
NOTE: When possible, follow-up photographs should be made for injuries
that will become more noticeable over time (i.e., bruises).
2.
Preliminary Investigation
a.
Interview everyone separately - victim, suspect, children,
other witnesses;
b.
Ask victim and suspect if they have pain even if there are no
visible injuries;
c.
Document victim's and suspect's condition. For example,
torn clothing, disheveled appearance, evidence of injury,
and disarray in house;
d.
Document size relation of victim and suspect, keeping in
mind that larger is not always stronger;
e.
Determine which of the parties involved was the primary
aggressor, by investigating the following:
1)
2)
3)
4)
Did one of the parties appear to be in actual fear of
the other?
Did one party escalate the level of violence (e.g., did
a man react to a slap by striking the woman several
times?).
Was a party physically larger and/or stronger than
the other? (See item d. above.)
Does relevant documented history include the
following?
Section B Chapter 9
Patrol Functions
Page 46
• physical violence;
• sexual violence;
• destruction of personal property;
• harm to pet; and
• violence against others.
5)
Which of the parties has been documented as the
aggressor in previous situations?
6)
Did any injuries appear to be defense wounds?
f.
If victim has a restraining order or temporary protective
order against suspect, obtain a copy of the order and valid
proof of service. If not, inform victim how to get an order.
g.
If victim has a restraining order or other protective order that
has not yet been served on suspect, inform the suspect of
the order and note in the report that this was done. The
officer should also enforce the applicable provisions of the
order (e.g., "stay away" provisions). If victim has an extra
copy of the order and the suspect has not been served with
a copy of the order, the officer should serve the extra copy
on the suspect and fill out proof of service.
h.
If a suspect is taken into custody:
i.
1)
Advise suspect of Miranda rights;
2)
Take statements if and when Miranda is waived;
3)
Document spontaneous voluntary statements; and
4)
Prevent communications between suspect and
victim / witnesses.
Evidence gathering should include:
1)
Document condition of crime scene (disarray of
physical surroundings);
2)
Photograph crime scene, if applicable;
3)
Ensure that victim's/suspect's injuries are
photographed; and
Section B Chapter 9
Patrol Functions
Page 47
4)
j.
k.
l.
Impound and/or photograph weapons and other
evidence of the crime.
Medical treatment investigation should include:
1)
Obtain authorization for release of medical records
from victim, if possible;
2)
Document extent of injuries/treatment if known;
3)
Obtain names, addresses and phone numbers of
fire, ambulance or paramedic personnel treating the
victim.
In making a permanent record of the incident and
subsequent investigation, the following should be included
as part of the reporting procedure:
1)
Maintain objectivity in reporting - avoid personal
opinions regarding comments from victim/suspect;
2)
Ensure that elements of all involved crimes are
included in the report;
3)
Document any injuries victim/suspect have
sustained;
4)
Document past history of violence;
5)
Document statements of victim, suspect and all
witness;
6)
Document physical evidence obtained; and
7)
Document probation/parole status.
Officers should not advise victims of family violence that
they can "press" charges or "drop" charges. If a victim
spontaneously states that prosecution is not desired, the
victim should be told that the decision to prosecute is made
by the District Attorney or Solicitor. Again, victims should be
given information regarding the availability and location of
shelters, victim/witness assistance programs, etc.
Section B Chapter 9
Patrol Functions
Page 48
NOTE: Officers should refrain from giving opinions and use discretion
regarding the information and statements made to or about victims.
D.
Follow-up Investigation
1.
All family violence reports prepared by officers should be reviewed
and given follow-up investigation as needed. Whenever possible,
review should be conducted by officers with family violence training.
2.
Follow-up investigations should be geared to the requirements of
the prosecuting office's family violence unit' or the particular
prosecutor handling the case.
GENERAL ORDER
ISSUED:
EFFECTIVE:
03/19/2007
Immediately
SUBJECT:
CANCELS:
Investigative Functions
REFERENCE:
DISTRIBUTION:
AMENDS:
All
B-10
INDEX
I.
PURPOSE
II.
III.
A.
Scope of Preliminary Investigation
B.
Crime Scene Supervision
C.
Command Responsibility at Emergency Situations
D.
Follow-up Investigation of Reported Crimes
E.
Follow-up Investigation by Uniformed Officers
F.
Procedures for Processing Crime Scenes Involving Serious Injury or
Death
EFFECTIVE: THIS GENERAL ORDER IS EFFECTIVE IMMEDITATLEY
S.O.P. B10-1 CRIME SCENE RESPONSE
S.O.P. B10-2 PROSECUTION REPORT PROCEDURES
S.O.P. B10-3 INVESTIGATIVE CASE FILE
S.O.P. B10-4 CASE SCREENING
S.O.P. B10-5 CASE MANAGEMENT
S.O.P. B10-6 LINE-UPS
Section B Chapter 10
Page 2
This chapter presents an overview of a unified system for use by both uniformed officers
and Criminal Investigation Division (CID) personnel to improve the management of
investigations and to set Agency priorities.
INTRODUCTION
Since the timely collection of sufficient and accurate information at the initial contact with
victims and witnesses largely determines the ultimate outcome of an investigation, the
first matter to be addressed in investigation is the adequacy of the crime report. A
common complaint is that the quantity and quality of investigative information collected
and reported is so inadequate that an investigator will have to repeat the same steps
already taken, but will never get all the information that was available earlier. Dual initial
investigations are not only redundant and time consuming, they are also counter
productive. Increased participation by uniformed personnel, knowing that the steps they
take will greatly influence the probable outcome of the investigation; can improve the
quality of information collected and officers' morale. Unless relevant information is
obtained quickly and efficiently, the chances of a successful investigation are minimized.
I.
PURPOSE
A.
Establishes investigative guidelines for both uniformed officers and
investigators.
B.
Establishes a system for documenting the preliminary investigation in
order to determine the level and type of follow-up investigation required.
C.
Establishes procedures and guidelines for processing crime scenes
involving serious injury, natural death, or suspicious death.
D.
Establishes a standard operating procedure for crime scene response.
E.
Establishes a complete investigative management system to include
Standard Operating Procedures for:
1.
Investigative Case Files;
2.
Prosecution Report Procedures;
3.
Utilization of Case Screening; and
4.
Utilization of a Case Management System.
Page 3
II.
A.
Scope of Preliminary Investigation - The scope of a preliminary
investigation by a uniformed officer may be very restricted or it may
constitute the entire investigation of the crime. For a particular crime, the
scope of the preliminary investigation may be limited by investigative
policy, and in all cases it is limited by the officer's assigned workload.
Consistent with his/her other responsibilities, an officer should continue a
preliminary investigation to the point where the delay in the investigation
caused by the report being processed will not materially jeopardize the
investigation.
The Agency employs and authorizes the use of specialized investigative
equipment (e.g., polygraph, electronic devices, drug field tests, etc.).
Only personnel who have the required training and/or certification are
authorized to operate this equipment. In those instances when Agency
personnel are not trained or the Agency lacks the necessary investigative
equipment, assistance will be requested through the Georgia Bureau of
Investigation and other Law Enforcement agencies it deems necessary.
B.
Crime Scene Supervision - At the scene of any crime, accident or other
law enforcement incident, the ranking officer present shall assume
command and direction of law enforcement personnel in such a manner
as to assure the most orderly and efficient accomplishment of the law
enforcement task. When two or more officers of the same rank are
present and one of them is assigned to the investigative details which will
follow-up the investigation, that officer will be in charge. This provision
provides for the coordination of the efforts of several subordinate
members who may be assigned to the incident; therefore, the officer
assuming control must become acquainted with the facts and ensure that
appropriate action is being taken.
C.
Command Responsibility at Emergency Situations - Command of the
Agency's resources at an emergency situation rests with the field
commander or the assigned senior officer. Such person has the authority
to direct the operation and is responsible for its outcome. Senior
command officers may make suggestions; however, they may not actively
direct the operation unless they properly relieve the subordinate of
command. A senior command officer at an emergency scene who does
not choose to take command may be held accountable for unfavorable
developments that he/she could have prevented by assuming control.
D.
Follow-up Investigation of Reported Crimes - Follow-up investigation
consists of efforts to interview victims and witnesses; locate, identify, and
preserve physical evidence, recover stolen property; identify, locate,
interview, and arrest suspects; present the case to the prosecutor; and
cooperate in the prosecution of the defendant. Such investigations are
conducted to produce evidence about the guilt or innocence of any
suspect and to recover property.
Follow-up Investigation by Uniformed Officers - With supervisory
approval, uniformed officers may conduct a limited follow-up investigation
E.
Page 4
when there is a reasonable chance of apprehending the suspect, when
there is a need for obtaining additional information for the preliminary
investigation report, or when there are other compelling circumstances.
Without this approval, the assigned officer's role is limited to conducting
the preliminary investigation.
F.
Procedures for Processing Crime Scenes Involving Serious Injury or
Death 1.
2.
3.
Serious Injury:
a.
The first officer on the crime scene will consult the medical
technician present and determine if there is a serious injury
or a death;
b.
If there is a serious injury and not a death, the officer will
allow the medical technician to treat and transport the
injured;
c.
The officer will secure the crime scene and detain all
witnesses;
d.
The officer will notify the Communications Center and
request a investigator's assistance; and
e.
Upon arrival, the investigator will determine if other
assistance is needed.
Natural Death:
a.
Upon arrival, the first officer will carefully observe the
scene. If the officer can determine from the immediate
circumstances that the death is natural, he/she will notify
the Communications Center to dispatch the Coroner to the
scene; and
b.
If the Coroner rules that death is not natural or is
suspicious, the officer on the scene will follow the
procedures set forth for violent or suspicious death.
Violent or Suspicious Death:
a.
Upon arrival, the first officer on the scene will request the
medical technician to stand by and will detain all
witnesses;
b.
The officer will notify the Communications Center to
dispatch an investigator to the scene. ;
c.
The officer on the scene will remain to secure the scene
and assist the investigator by taking names and addresses
Page 5
of anyone who attempts to leave, if they cannot be
detained until the investigators can interview them;
d.
e.
f.
III.
Effective:
The officer will remain on the scene until relieved by the
investigator in charge;
Pending the arrival of the Coroner, the investigator may
observe the scene without tampering with or moving the
body or evidence;
Upon arrival of the Coroner, the investigator in charge will
cooperate with the Coroner so the Coroner can:
1)
Observe the scene;
2)
Take photographs of the body; and
3)
Jointly, with the investigators, search and remove
the personal property from the deceased.
4)
Notify the GBI Medical Examiners office if
necessary.
g.
Property of evidentiary value on the deceased or at the
scene will be thoroughly inventoried by the investigator as
required by S.O.P. B10-1;
h.
Upon completion of the crime scene search, the
investigator, in cooperation with the Coroner, will release
the body to the Coroner with a request for an autopsy if
deemed appropriate, or for appropriate disposition of the
body.
_____________________
City Manager
Chris Hobby
_______________________
Larry Funderburke
Page 6
B10-1 CRIME SCENE RESPONSE
ISSUED 05/18/2007
EFFECTIVE Immediately
INTRODUCTION
The officers officially assigned to perform the preliminary or other investigation of an
alleged crime or other incident are responsible for required actions and the completion of
the preliminary or other investigation as directed. This shall include, but is not
necessarily limited to, securing statements and other information which will aid in the
successful completion of the investigation, and locating, collecting and preserving
physical evidence relevant to the case.
I.
General Responsibilities of Officers at Crime Scene
The first officer to arrive at the scene of a crime or other law enforcement incident
is responsible for the following actions as they may apply to the situation:
II.
A.
Covering the most likely avenue of escape;
B.
If there are injuries involved, administering first aid and summoning
medical assistance as needed;
C.
If the suspect has left the scene, obtaining a description and issuing a
lookout;
D.
Taking charge of and processing or protecting the crime scene,
preserving evidence, and keeping witnesses present;
E.
Notifying the Communications Center if the officer determines that
additional help is needed; and
Crime Scene Procedures (General)
A.
The officer receiving the call is in charge of the case and will direct all
personnel assigned to assist him/her;
B.
They should exclude all nonessential personnel from the scene and
record names and addresses of witnesses;
C.
Ropes, signs, and Agency personnel should be used to maintain a
perimeter and preserve all parts of the crime scene;
D.
Law enforcement vehicles should be parked well away from the scene
until the boundaries of the scene can be definitely established;
E.
The officer should make certain that articles which are foreign to the
scene,(e.g., equipment, supplies, coffee cups, etc.), do not appear in the
photographs. Photographs must depict the scene exactly as it was found;
Page 7
III.
F.
When possible, all vehicles should be processed at the scene. If it
becomes necessary to remove vehicles from the scene before
processing, a hold should be placed on them and they should be
impounded, with the assurance the vehicle will be protected;
G.
Crime scene processing must continue until it is completed. Once a
crime scene is abandoned, if only for a short time, it is often impossible to
gain possession of the premises again;
H.
No portion of a major crime scene will be released without the approval of
the investigating officer and/or supervisor; and
I.
All property and evidence should be properly identified and tagged with
the date, time received or recovered and the inventorying officer’s initials.
Crime Scene Search Procedure
A.
B.
C.
Officers at the crime scene should assure the integrity of physical
evidence by:
1)
Protecting the crime scene;
2)
Arriving as soon as possible;
3)
Excluding all unauthorized personnel;
4)
Extending the security area immediately beyond the fringes of the
incident;
5)
Avoiding touching, handling or stepping on anything until the
entire scene has been analyzed; and
6)
Keeping in mind that nothing is too small or too insignificant to
have investigative value.
The objectives of collecting evidence are as follows:
1)
To determine the facts of the crime;
2)
To identify the suspect(s); and
3)
To aid in the arrest and conviction of the suspect(s).
The search shall be conducted as follows:
1)
Develop a search plan;
2)
Photograph and sketch discovered evidence before handling; and
3)
Conduct a search regardless of apparent adversaries.
Page 8
D.
E.
F.
IV.
Evidence shall be collected as follows:
1)
Preserve discovered items for forensic processing, fingerprints,
ballistics, etc;
2)
Package discovered items to ensure constant protection; and
3)
Mark and initial all evidence and containers.
Evidence shall be marked as follows:
1)
Label evidence immediately to ensure its proper identification
later;
2)
Each piece of evidence must be marked when it is removed from
its original position; and
3)
Identify each item and its location where found.
The chain of evidence shall be maintained as follows:
1)
Limit the number of individuals who handle the evidence to as few
as possible;
2)
Record the name of the individuals who handle the evidence;
3)
Obtain receipts from individuals who accept evidence; and
4)
Never assume the evidence which is returned is in the same
condition or state in which it was found. Check it, verify markings.
Assuring the Integrity of Witnesses (Evaluation)
The integrity of witnesses shall be ensured as follows:
A.
Isolate potential witnesses;
B.
Obtain identities of potential witnesses and where they were at the time of
the alleged incident;
C.
Obtain the first reactions of witnesses;
D.
Collect witnesses' statements;
E.
Allow witnesses to give a full statement free of outside influences;
F.
Allow witnesses the opportunity to record and sign statements; and
G.
Never lead witnesses or attempt to "help" them recall information.
Page 9
B10-2 PROSECUTION REPORT PROCEDURES
ISSUED 05/18/2007
INTRODUCTION
Effective prosecution must be based upon the information forwarded to the District
Attorney by the investigating officer. Without access to all available information and a
belief the suspect charged did commit the offense, no formal charges will be filed. A
properly conducted preliminary and follow-up investigation requires proper preparation of
materials.
The investigating officer's report should include the following information:
1.
Report Cover Sheet, listing:
A.
Title of Offense and Code Section;
B.
Date of Offense;
C.
Location of Offense;
D.
Defendant's Name and Identifiers;
E.
Victim (if a business, list all owners or persons having legal possession
and the name of the business as it appears on the business license); and
F.
Name of Prosecuting.
2.
List of witnesses and addresses and to what each can testify. The list should
include all victims and officers involved;
3.
List of evidence; chain of custody. The results of any testing of evidence (e.g.,
fingerprints) should be presented. Include listing of photographs;
4.
All law enforcement reports, including incident, arrest, and follow-up.
Undeveloped leads should also be included; and
5.
Copies of all statements, waiver of rights, and other material documents.
Page 10
B10-3 INVESTIGATIVE CASE FILE
ISSUED 05/18/2007
INTRODUCTION
Case files should be maintained on all cases for which investigative activities are ongoing. The case file provides an immediate information resource to investigators.
These files should be consolidated into the records system when the case is suspended
or closed.
I.
II.
Case files will be prepared at the direction of the supervising investigator.
To ensure uniformity, all major case files shall be prepared as follows:
A.
Case files will be prepared in brown folders available in the investigator's
office;
B.
Folders shall identify case number, type of incident, victim's name, and
defendant's name (when known;
C.
Case files shall contain:
1)
Copies of incident reports/supplemental reports;
2)
Advisement of rights/waiver forms;
3)
Statements;
4)
Search warrants;
5)
Photographs;
6)
Miscellaneous documents;
7)
Check off sheet (when applicable).
All reports submitted by officers shall conform to Agency report writing
procedures. The original investigation report shall describe the
investigation according to the following sequence:
A.
Narrative Summary - Describe in detail who, what, where, why, when and
how.
When witnesses are interviewed or statements taken, they shall be listed
numerically, giving names, race, sex, date of birth (DOB), addresses,
phone numbers, place of employment or where they can be located.
Include a short paragraph summarizing the information given.
If an area canvass is conducted, all persons and addresses, interviewed
or visited, must be listed. State time, and identify persons by name, race,
sex, address, phone number and what information was obtained. If no
Page 11
one was at home at an address, state that no contact was made and give
time of attempted contact;
B.
Scene - Assault or Homicide Investigation.
Describe the scene of the crime and body position, clothing, trauma,
disposition of body, etc.
C.
Scene - Property Crime.
Describe scene (structure, type dwelling or business). Legal owner and/or
person in possession.
III.
D.
Medical History - For assault or homicide investigation include where the
victim was treated, doctors and hospitals involved, extent of wounds and
condition of victim.
E.
Property and Evidence Disposition - Include detailed listing of property or
evidence impounded and where it is stored. If property is released at
scene, state to whom and why.
Statements (Witness and Subject)
A.
Statements must reflect sufficient personal history data of the person
interviewed (i.e., name, race, sex, date of birth DOB, address) so he/she
may be located in the future without difficulty.
Page 12
B10-4 CASE SCREENING
ISSUED 05/18/2007
INTRODUCTION
Case Screening is a strategy that can help determine whether to continue an
investigation based upon evaluation of solvability factors identified during the initial
investigation.
While solvability factors are those elements of information which have in the past proven
to be important in determining the likelihood of solution, case screening is a process
designed to provide sufficient information about a case at the earliest possible time in
the investigative process to help establish investigative priorities. The outcome will be
either early suspension of unpromising cases, or a thorough follow-up. The proper use
of the screening procedure will enable the Chief Investigator to exercise control over
expenditures and the kind of investigative effort made. Special community demands for
a follow-through investigation must influence the Chief Investigator’s decision.
Screening, simply stated, organizes cases from the most promising to the least.
Screening will lead to better use of resources and a reduction in the number of
unproductive cases that are pursued.
1.
The screening process usually occurs informally as the result of an individual
investigator's action. Each investigator traditionally takes the cases assigned to
him/her and sorts them into two categories. First, those that are worth pursuing
because information and leads exist and are likely to lead to solution, and
second, those which will never be solved on the basis of the information
available, and on the basis of experience gained in attempting to investigate
similar cases.
2.
The establishment of a formal case screening system can be a significant step
toward improving the quality of investigations. Such a system provides a uniform
approach to the decision-making process which directs the continuation of
investigations. It also allows for constant monitoring of the CID workload. With a
case screening system the Chief Investigator can make critical determinations
concerning the allocation of resources.
3.
One benefit of case screening is a reduction in wasted time due to the better
organization of necessary information and minimizing of duplication of efforts. If
the investigators can see that a reduction in workload allows additional time to
work on solvable cases, they will be more motivated and clearance rates should
rise. Another benefit is increased morale among patrol officers. Presently many
officers look upon taking a crime report as a nuisance and an unnecessary
burden, feeling the investigators will criticize and duplicate their efforts. If the
patrol officer no longer views initial investigation as a needless exercise in data
collection, but as an integral part of the investigative process, the quality of
his/her work will improve.
4.
To implement a case screening process based on the initial solvability factors
supplied by patrol officers, factors are ranked and incorporated into the screening
procedure. To initially determine if a case should be continued as active, the
Page 13
following questions which are based on solvability factors should be considered:
5.
A.
Can the complainant or witness identify the offender?
B.
Is the offender known to the complainant or witness?
C.
Does the complainant or witness know where the offender can be
located?
D.
Is there physical evidence at the scene which would aid in the solution of
the case (e.g., fingerprints, other physical evidence)?
E.
Is the complainant or witness willing to view photographs to aid in
identifying the offender?
F.
Can the complainant or witness provide a meaningful description of the
offender (e.g., home address, auto driven, scars, or other distinctive
features)?
G.
If the offender is apprehended, is the complainant willing to press the
complaint in court?
To evaluate whether the case should be further investigated, the initial
investigation should provide information concerning the following so that
supervisory review is more meaningful and appropriate:
A.
An estimate of the reaction of the community to the crime, based on the
opinion of the reporting officer.
B.
Does the crime involve a sensitive or unusual place or person (e.g.,
church, temple, school; child, physically disabled person, etc.)?
C.
Is there a pattern of such crimes in the area which points to a single
individual or gang operating in the area?
D.
Does the number of similar types of crimes in the area raise questions
concerning the Agency's image concerning performance and efficiency?
6.
The case screening process should require that cases be suspended when they
are identified as not solvable because insufficient success criteria exist.
7.
The most difficult obstacle to implementing a case screening system will be the
community's reaction to the Agency's position that not all crimes can be
successfully investigated. In most cases, the Agency has traditionally claimed
the ability and commitment to investigate all crimes, but in reality this does not
occur. By closing cases that cannot be solved, the victims of crime can be
notified officially about how the Agency has closed their case.
8.
The Application of a Case-Screening System. In summary, the components of a
case- screening system are:
A.
Accurate and complete collection of crime information by the patrol
Page 14
officer;
9.
10.
B.
An on-scene determination of the sufficiency of crime information
collected;
C.
Permitting the patrol officer to decide the appropriateness of a follow-up
investigation; and
D.
Review of these decisions by the Chief Investigator.
Implementing these will require the Agency to:
A.
Re-define the mission of the major divisions;
B.
Re-define roles for patrol officers, supervisors, and investigators in the
case screening process;
C.
Develop and use criminal data collection forms that incorporate early
closure information (see S.O.P. B10-5 Case Management for samples);
and
D.
Provide training in the use of the new system to all affected personnel.
The implementation of case screening procedures creates the need to develop a
monitoring or management information system which will provide the Chief
Investigator with sufficient feedback on the system's effectiveness.
Page 15
B10-5 CASE MANAGEMENT
ISSUED 05/18/2007
INTRODUCTION
A monitoring system which provides the Chief Investigator with timely and pertinent
information concerning the effectiveness of the key components of the total investigative
process is essential. It should include a self-analysis questionnaire to help supervisors
identify their level of knowledge and understanding about the operations of the CID. If
necessary information asked for on the attached form is not readily available, or any
questions are answered false, it indicates that closer monitoring and more effective
management are necessary.
This S.O.P. provides a description of the monitoring system's components which should
provide information about the current workload and performance of investigators.
Implementation can ensure that each case receives an appropriate amount of effort, that
the workload is evenly distributed among investigators and that each type of crime
receives adequate attention.
Evaluation of performance must be measured in terms of an individual's contributions to
the Agency's goals. If the Chief Executive Officer is to make a fair, objective evaluation
of a subordinate's performance, he/she needs quantifiable information to compare with
established standards and past performance. Because investigative work is performed
without close supervision, quantitative reports on an individual's performance are more
important than they are in situations where close supervision is possible.
The overall goal of a managed investigation process should be to increase the number
of case investigations of serious crimes which are cleared by an arrest leading to
prosecution. Objectives of a managed investigation process should include:
1.
Assigning case investigations more effectively;
2.
Improving on the quality of case investigation and preparation;
3.
and
Monitoring the progress of case investigation and deciding about continuation;
4.
Evaluating results on the basis of investigative outcomes.
To accomplish these goals, the Agency must develop the records required to support the
directing, monitoring, and evaluating of investigative efforts. The following sample forms
are included:
A.
Case Management and Decision Review - A system of caseload
inventory and work performance evaluation allows investigators to
develop the necessary feeling of responsibility and accountability which
contribute to high-quality job performance. The investigator's interest can
be sustained at high levels when there is managerial assurance that
every investigator is shouldering an equitable portion of the total
workload;
Page 16
B.
Daily Activity Plan - This allows a way of monitoring activities and of
eliminating duplication of effort by investigators;
C.
Investigator's Checklist - Combined with the use of solvability factors, it
lays out an investigative plan to be followed;
D.
Investigator's Monthly Workload Report; and
Although several new forms must be used if this system is to be implemented, the
amount of paperwork required will be held to a minimum.
The above recommendations have as their focus:
1.
An increased participation by patrol officers in a comprehensive initial
investigation at the time a crime is reported;
2.
The establishment of a case-screening system which will remove non-solvable
cases from the investigative process at an early point;
3.
The establishment of a management information system which will provide
Agency supervisors with the appropriate information for managing the criminal
investigation process;
4.
A re-examination of Agency organization to maximize the use of all personnel;
5.
The development of investigative management techniques for the improved use
of investigator personnel; and
6.
The development of law enforcement-prosecutor relationships which will result in
better case investigation and preparation, and greater likelihood of successful
prosecution.
7.
The development of an investigative management system that designates cases
as either "active", "inactive" or "closed".
Page 17
B10-6 LINE-UPS
ISSUED 05/18/2007
INTRODUCTION
It is the purpose of this procedure to establish guidelines for the use of eyewitness
identifications involving showups, photographic identifications and lineups.
Eyewitness identification is a frequently used investigative tool. As such, the Agency has
established these procedures in order to maximize the reliability of identifications,
minimize unjust accusations of innocent persons and to establish evidence that is
reliable and conforms to established legal procedure.
DEFINITIONS
SHOWUP: The presentation of one suspect to an eyewitness in a short time frame
following commission of a crime.
PHOTO ARRAY: The showing of several photographs to an eyewitness for the purpose
of obtaining identification.
LINEUP: The presentation of a number of individuals, including the suspect,
simultaneously before an eyewitness.
SHOWUPS
Many courts have suppressed identification evidence based on the use of showups
because of the inherent suggestiveness of the practice. Therefore, the use of showups
should be avoided whenever possible in preference for the use of a lineup. However,
when exigent circumstances require the use of showups, the following guidelines should
be followed.
A.
Showups should not be conducted when the suspect is in a cell,
manacled or dressed in jail clothing.
B.
Showups should not be conducted with more than one witness; the
witnesses should not be permitted to communicate before or after the
showup regarding the identification of the suspect.
C.
The same suspect should not be presented to the same witness more
than once.
D.
Showup suspects should not be required to put on clothing worn by the
perpetrator, to speak words uttered by the perpetrator or to perform other
actions of the perpetrator.
E.
Words or conduct of any type by officers that may suggest to the witness
that the individual is or may be the perpetrator should be scrupulously
avoided.
Page 18
PHOTOGRAPHIC IDENTIFICATION
In conducting photographic identifications officers should adhere to the following
procedures.
A.
Photographic identifications must use multiple photographs shown
individually to a witness or simultaneously in a book or array.
B.
Principles for conducting lineups generally apply to photo identifications.
In particular, officers should:
1.
Use at least six photographs of individuals who are reasonably
similar in age, height, weight and general appearance and of the
same sex and race;
2.
Whenever possible, avoid mixing color and black and white
photos, use photos of the same size and basic composition, and
never mix mug shots with other snapshots or include more than
one photo of the same suspect;
3.
Cover any portions of mug shots or other photographs that
provide identifying information on the subject, and similarly cover
those used in the array;
4.
Show the photo array to only one witness at a time;
5.
Never make suggestive statements that may influence the
judgment or perception of the witness; and
6.
Preserve the photo array, together with full information about the
identification process, for future reference.
LINEUPS
The primary investigating officer is responsible for:
A.
Scheduling the lineup on a date and at a time that is convenient for all
concerned parties, to include the prosecuting attorney, defense counsel
and all witnesses;
B.
Fulfill the necessary legal requirements for transfer of the subject to the
lineup location should the subject be incarcerated at a detention center,
make timely notice to the detention center concerning the pickup and
make arrangements for picking up the prisoner; and
C.
Make arrangements to have four to six other persons act as "fill ins" at the
lineup who are the same race, sex and approximate height, weight, age
and physical appearance and who are similarly clothed.
Page 19
The officer in charge of conducting the lineup should:
A.
Ensure that the prisoner has been informed of his/her right to counsel if
formal charges have been made against the prisoner, and also ensure
that the prisoner has the opportunity to retain counsel or request that one
be provided;
B.
Obtain a written waiver on the waiver form should the prisoner waive
his/her right to counsel;
C.
Allow counsel representing the accused sufficient time to confer with
his/her client prior to the lineup and observe the manner in which the
lineup is conducted;
D.
Advise the accused that he/she may take any position in the lineup that
he/she prefers and may change positions prior to summoning a new
witness;
E.
Ensure that all persons in the lineup are numbered consecutively and are
referred to only by number;
F.
Ensure that a complete written record and videotape recording of the
lineup proceedings is made and retained;
G.
Ensure that witnesses are not permitted to see nor are they shown any
photographs of the accused immediately prior to the lineup;
H.
Ensure that not more than one witness views the lineup at a time and that
they are not permitted to speak with one another during lineup
proceedings; and
I.
Scrupulously avoid using statements, clues, casual comments or
providing unnecessary or irrelevant information that in any manner may
influence the witnesses' decision-making process or perception.
Page 20
CRIMINAL INVESTIGATION DIVISION
PHOTO LINE-UP FORM
DATE: _____________________
TIME: _____________________
I HAVE THIS DATE OBSERVED SIX (6) ________________________ IN A
LINE-UP AT THE
________________________________________________________ IN
BAINBRIDGE, DECATUR COUNTY, GEORGIA. THE
______________________ HAVE ONLY BEEN IDENTIFIED TO ME AS
NUMBER 1-2-3-4-5-6.
AFTER OBSERVING THIS LINEUP, I (CAN, CANNOT) IDENTIFY THE
SUBJECT WHO COMMITTED THE CRIME OF
___________________________.
THE NUMBER OF THE PERSON I HAVE CHOSEN THAT HAS COMMITTED
THE ABOVE STATED CRIME IS: #____________________________.
________________________________________________
SIGNATURE OF VICTIM
_________________________________________________
DATE/TIME
_________________________________________________
WITNESS
Page 21
GENERAL ORDER
SUBJECT:
ISSUED:
EFFECTIVE:
05/21/2007
Immediately
CANCELS:
Unusual Occurrences & Tactical Response
REFERENCE:
DISTRIBUTION:
AMENDS:
All
B-11
INDEX
I.
PURPOSE
II.
A.
B.
C.
General
1.
Approach
2.
Responsibility
3.
Jurisdictional Responsibility
4.
Concurrent Jurisdiction in Hostage Incidents:
Limited Emergency Situation
1.
Definition
2.
Objective
3.
Procedures for any Limited Emergency Situation
Large Scale Emergency Situation
1.
Definition
2.
Objective
3.
Procedures for any Limited Emergency Situation
Page 2
D.
III.
Specific Situations
1.
When Hostages are Involved
2.
House to House Searches
3.
Snipers
4.
Bombs and Bomb Threats
5.
Barricaded Suspects
6.
Disasters and Hazards
S.O.P. B11-1 HAZARDOUS MATERIALS INCIDENTS
S.O.P. B11-2 HANDLING OF BOMB THREATS
S.O.P. B11-3 INITIAL RESPONSIBILITIES ON THE SCENE OF A HOSTAGE, SNIPER,
ACTIVE
SHOOTER, OR BARRICADED PERSON INCIDENT
S.O.P. B11-4 STAKEOUTS
S.O.P. B11-5 CIVIL DISTURBANCE
S.O.P. B11-6 DISASTER & HAZARD INCIDENTS
Page 3
I.
PURPOSE
A.
Expedites the mobilization of Agency personnel while encouraging the
efficient discharge of duties and responsibilities connected with unusual
occurrences.
B.
Establishes a standard operating procedure for responding to hazardous
material incidents.
C.
Establishes a standard operating procedure for responding to bomb
threats.
II.
D.
Establishes a standard operating procedure for identifying initial
responsibilities in a hostage, sniper, active shooter, or barricaded person
incidents.
E.
Establishes a standard operating procedure for stakeouts.
F.
Establishes a standard operating procedure for response to civil disorders
(Beyond the scope of S.O.P. B9-3 Management of Disputes).
G.
Establishes a standard operating procedure for response to Severe
Weather, Natural Disasters, and Bio-Hazard Incidents.
A.
General
1.
Approach - Unusual incidents require a tactical plan to be
developed in order to ensure that the Agency makes an
appropriate, well-organized response. To minimize the possibility of
injury to officers and others, appropriate special equipment and
trained personnel shall be requested as needed.
2.
Responsibility - In tactical situations which are initiated by radio calls
or spontaneous activities, the senior uniformed officer present is in
command. A superior officer shall take charge upon his/her arrival
at the scene or by order to the officer present, and take appropriate
action to bring about an acceptable solution. The officer will use
either readily available manpower or activate the tactical response
team necessary. Available units include, but are not limited to:
a)
Environmental Protection Agency Emergency Response
Team. Responds to hazardous material incidents;
Page 4
b)
Emergency Medical Team. Responds to life endangering
situations;
c)
Fire Department. Responds to requests for additional
manpower when threat of fire or explosion exists or wash
down is required;
d)
Any mutual aid support agreements which are in place.
3.
Jurisdictional Responsibility - As defined in this section, the Unit
Commander or ranking officer taking command of a hostage,
barricaded person, active shooter, sniper, or other unusual incident
will retain such command until some other law enforcement agency
clearly indicates that jurisdictional responsibility is theirs.
4.
Concurrent Jurisdiction in Hostage Incidents:
Foreign Official or Official Guest of the U.S.a)
If the hostage is a foreign official or an official guest of the
United States, as defined by the U.S. Code, Chapter 51,
Title 18, jurisdiction is concurrent with the Federal Bureau of
Investigation (FBI);
b)
If the FBI clearly indicates it will take command in this
instance, the Agency will comply;
c)
If the FBI indicates that jurisdiction remains concurrent, joint
decision making will be completed by the ranking officer and
the senior or ranking FBI agent at the scene; or
d)
Concurrent jurisdiction implies concurrent responsibilities;
therefore, all later strategies must be mutually planned and
implemented.
Victim of Federal Crime a)
If a hostage incident results from the commission of a
Federal crime such as bank robbery, jurisdiction is
concurrent with the FBI; or
b)
If the initial control of the operation is by the Agency,
retention will remain with the Agency until the senior or
Page 5
ranking FBI agent at the scene declares responsibility;
Hostage, Active Shooter, Sniper or Barricaded Person Incidents
Resulting From Criminal Activity Occurring in another Jurisdiction –
a)
If a hostage, active shooter, sniper or barricaded person
incident occurs as a result of criminal activity in another law
enforcement jurisdiction, and is followed by fresh pursuit of
the suspect by officials of that Agency into the incorporated
City limits of the Agency, concurrent jurisdiction is assumed;
or
b)
If a hostage, active shooter, sniper or barricaded person
incident occurs as a result of criminal activity in an
incorporated area of the City and fresh pursuit requires
Agency personnel to enter an unincorporated area or to
leave the legal limits of the City, concurrent jurisdiction is
assumed.
Agencies Declaring Jurisdictional Control If Federal or local law enforcement agencies declare their
intent to control a situation, the ranking officer of the Agency
taking command, will offer the assistance of the Agency.
Agency members will then be guided by all lawful orders
given by these officials.
B.
Limited Emergency Situation
1.
Definition - A limited emergency situation is defined as one which
can best be handled by a limited number of law enforcement
officers.
2.
Objective - The primary objective of these procedures is to facilitate
responsive organized law enforcement action with the maximum
amount of safety for civilians and law enforcement personnel in the
emergency situation.
3.
Procedures for any limited emergency situation The following procedure will apply:
a.
Officer discovers or responds to situation;
Page 6
b.
Officer notifies the Communications Center of situation and
pertinent facts;
c.
Communications Center notifies and dispatches shift
supervisor and additional officers for assistance as needed;
Officer at the scene contains situation by establishing
perimeter security;
d.
C.
e.
The shift supervisor, upon arrival, verifies situation and
notifies Communications Center of verification;
f.
The shift supervisor takes command of the situation with the
full cooperation of other superior officers and other officers
already at the scene;
g.
Officers at the scene continue perimeter security; and
h.
Shift supervisor issues necessary weapons and equipment
as required for situation. Shift commanders should have in
the trunks of their cars, in a footlocker, emergency
equipment such as gas masks, riot equipment, etc.
Large Scale Emergency Situations
1.
Definition - A large scale emergency situation is defined as one
which requires a large number of law enforcement officers and/or
activation of mutual aid agreements.
2.
Objective - The primary objective of these procedures is to facilitate
responsive organized law enforcement action and mutual aid with
the maximum amount of safety for civilians and law enforcement
personnel in the emergency situation.
3.
Procedures for any large scale emergency situation The following procedure will apply:
a.
Officer discovers or responds to situation;
b.
Officer notifies the Communications Center of situation and
pertinent facts;
c.
Communications Center notifies and dispatches shift
Page 7
supervisor and additional officers for assistance as needed;
C.
d.
The shift supervisor, upon arrival, verifies situation and
notifies Communications Center of verification;
e.
Communications Center notifies the Director of Public
Safety or designee;
f.
Director or Designee activate the agency’s emergency
response system and/or activate mutual aid agreements.
Specific Situations - In most situations certain procedures can be followed.
Listed below are some problem areas that the officer may encounter:
1.
When Hostages are Involved - When hostages are taken by the
suspect, the primary concern will be for the safety of the hostages.
Every extreme situation and an appropriate procedure to alleviate
the problem cannot be stated. Therefore, the officer on the scene
must decide based on rational facts and not the emotional situation.
Time is on the officer's side, so it is best to contain the situation
until superior officers arrive.
2.
House to House Searches - Personnel used in this type of search
must be kept to a minimum to ensure that adequate
communications, proper leadership by the superior officers and the
safety of the officers involved in the search are maintained.
In cases of "open space" searches, the shift supervisor will
coordinate the search operation. All other superior officers will
cooperate and direct other police personnel from the suggestions of
the shift supervisor.
3.
Snipers - Situations involving snipers have shown that a poorly
organized response can result in confusion, injury and even death
to the officers involved. It is imperative that superior officers take
complete charge of such situations and make appropriate
decisions. Cooperation of the patrol officer is a must to such
efforts.
4.
Bomb and Bomb Threats (see S.O.P. B11-2 Handling of Bomb
Threats).
5.
Barricaded Suspects (see S.O.P. B11-3 Initial Responsibilities
Page 8
on the Scene of a Hostage, Sniper, or Barricaded Person
Incident).
6.
III.
Disasters and Hazards (see S.O.P. B11-6 Disaster and Hazard
Incidents).
_____________________
City Manager
Chris Hobby
_______________________
Larry Funderburke
B11-1 HAZARDOUS MATERIALS INCIDENTS
ISSUED 05/21/2007
INTRODUCTION
Because of the potential for serious health and environmental damages, the following
procedures were developed as a guide for initial action to be taken by officers to protect
the public and the environment:
1.
Upon receiving a report of a hazardous material incident, the Communications
Center shall immediately dispatch the closest available officer along with the shift
supervisor to investigate and notify the Hazardous Material Response Team (See
SOP C3-3 Hazardous Material Response Team). If deemed necessary by the
Hazardous Material Response Team commander the Environmental Protection
Agency will be notified at (1-800-241-4113 or 404-656-4300).
NOTE: By calling the telephone number listed above, the following agencies
are notified: Georgia Emergency Management Agency (GEMA), Georgia
Department of Transportation (DOT), Georgia Department of Natural
Resources (DNR), Georgia Department of Defense (DOD) and Georgia
Environmental Protection Division (EPD).
2.
Upon arriving at the site, the responding officers shall provide emergency first-aid
as needed and request additional assistance as needed. (Fire Department,
Emergency Medical Team and EPA's Emergency Response Team)
3.
Upon confirmation that a hazardous material incident has occurred, the
Communications Center shall advise the local medical facilities and ambulance
personnel that all injured individuals are assumed to be contaminated by
hazardous material and should be handled accordingly. The responding officers
shall obtain the name of ambulance service, driver and hospital where patients will
be taken.
4.
The responding officers shall begin an evacuation of residents to a safe location if
there exist any obvious dangers to nearby residents.
5.
The responding officers shall try to determine the type and form (solid, liquid, gas)
of material involved: by questioning the driver, checking the chem-card in the cab
of truck, checking the bill of lading or from placards and labels on the truck and
containers. All such pertinent information will be made known to the
Communications Center.
6.
After the type of chemical or material has been identified, the shift supervisor shall
check the Emergency Response Guidebook to determine the type of emergency
action which should be taken.
7.
Officers at the scene shall cordon off an area for a distance of 500 yards around
Page 10
the hazardous material. They shall re-route traffic and restrict access to
emergency personnel only.
NOTE: When radioactive materials are involved, the State's Emergency
Response Team will advise how large an area should be cordoned off.
8.
Upon arrival of properly identified State Emergency Response Team, the officers
shall remain at the scene, maintain crowd control and assist the Team as directed.
Page 11
B11-2 HANDLING OF BOMB THREATS
ISSUED 05/21/2007
INTRODUCTION
This procedure identifies information to be obtained from the complainant, safety
precautions for handling a bomb threat call and techniques of searching for a bomb. Any
suspect packages or containers will be examined by a bomb disposal technician.
1.
Required Information - The Communications Center will obtain all pertinent
information regarding the person who made the threat. The officer will then use
this information to determine if the affected area warrants a bomb search. Before
completion of the call the following information should be completed for inclusion in
the incident report.
BOMB THREAT CALL
A.
Type of Complaint: School / Hospital / Industrial / Manufacturing business
/ other (specify)
B.
Business Name of Complainant:
C.
Business Address:
D.
Business Telephone:
E.
Name of Person Reporting Complaint:
F.
Telephone Number Call was received on:
G.
Date and Time of Call:
H.
Name of the Person who talked to the caller and title:
I.
Exact words used by the caller:
J.
Background noises:
K.
Information about the caller: Age:
Sex:
Level: Accent:
Speech Impediments:
L.
Any Suspects:
Race:
Attitude:
Educational
Page 12
M.
N.
Have previous calls been received: If Yes, #:
Has telephone security been notified: Yes: No:
O.
Location Information
Exact Location:
Time set for detonation:
Description of the bomb (reason for):
Type of explosive:
2.
_
Responsibility at the Scene A.
The first officer to arrive at the scene shall turn off his/her walkie talkie,
mobile phone, and/or pager before entering the building. If left on, the
transmitting frequency might trigger the explosive device. The officer shall
then contact the building's owner/person in authority, to determine if the
building should be evacuated. If the building is a public facility (e.g.,
City/County hall, school, or civic center) then the designated individual
should be contacted to determine the procedures which will be followed.
As soon as possible, the responding officer shall contact his/her shift
supervisor to inform him/her of the situation.
NOTE: An officer cannot order the property owner or manager
of a building, to vacate the area. The officer can only advise
them to make that decision.
1)
If the building is to be evacuated:
a.
The shift supervisor will request additional assistance if
needed (telephone preferred); and
NOTE: Again, because of the possibility of detonating an
explosive devise, officers should avoid radio traffic.
b.
2)
The shift supervisor will request the owner/person in
authority to solicit company employees to assist in
searching the building (maintenance and building engineers
preferred).
If the building is not evacuated:
a.
The shift supervisor shall obtain permission from the
owner/person in authority to conduct a discrete search of
Page 13
the premises, especially restrooms and areas that are
accessible to the public; and
b.
3.
4.
The shift supervisor shall solicit the help of maintenance
personnel and building engineers to assist in the search.
B.
The responding officer should advise all people involved not to answer
phones, turn light switches on or off or anything which might activate an
explosive device.
C.
Should a suspected explosive or incendiary device be located, officers shall
prevent any unauthorized persons from touching it and ensure that the
area is evacuated.
Searching for the Bomb A.
Depending on location and manpower allocated, officers shall establish a
Command Center (one person). The key to a successful Command Center
is flexibility and mobility. The Center should move with the search.
B.
The best people to search are employees familiar with the area. They are
more aware of items that are out of place or alien to the location. The ideal
team is two; one employee, one officer.
C.
Actions by those participating in the search should be well planned by the
shift supervisor; there should be no undue movement of items, bumping, or
shaking. A bomb can be any shape, size, or color.
D.
If a suspected bomb is found in an occupied building, the officers shall
evacuate the building.
Techniques of Searching The following guidelines should be followed in conducting a bomb search in a
building or an automobile.
A.
B.
Start of search:
1)
Start outside and work inside; and
2)
When searching start at the lowest level.
The search should be broken into three steps:
Page 14
1)
2)
3)
Exterior - The exterior search begins at the ground level. Close
attention should be given to piles of leaves and refuse, shrubbery,
trash cans, and parked vehicles (outside accessibility is unlimited);
Public Area Search - Extended outward from the building to some
natural divider (curb or wall, usually 25 to 50 feet); and
Interior Room Search:
a.
Special attention should be given to utility rooms or areas
where access is unlimited;
b.
Begin the search at the lowest level and work upward,
completely searching each level before changing floors;
c.
When searching a room, search in four levels:
(1)
(2)
(3)
(4)
d.
4)
Floor to waist check chairs, desks, trash cans,
anything in this level that could conceal a bomb;
Waist to eye level or top of head behind pictures,
cabinets, miscellaneous on walls;
From eye level to the ceiling light fixtures, any item
suspended from the ceiling, e.g., heating and airconditioning ducts; and
Ceilings and false ceilings.
Whenever first entering a room remain completely calm and
immobile. Listen for any unusual sounds. Many times such
actions will pick up sounds indicating a device.
Vehicle Searches:
NOTE: A vehicle bomb can be installed in 15-30 seconds. A
detailed search emphasizing safety may take several hours
depending on the situation.
a.
With a vehicle look for a device designed to kill rather than
harass;
b.
Whereas a bombing in a building is normally set to detonate
at a specific time an auto bomb usually has a triggering
device;
c.
The initial action in a vehicle involved incident is to evaluate
and secure as much information as possible from the
Page 15
driver/owner (any threats, evidence of tampering, suspicious
noises, unfamiliar objects);
5)
6)
d.
Find out when the vehicle was last operated, was it locked,
who is to be the next person in the vehicle (who is the
intended target, driver or passenger?); and
e.
Check the area around the vehicle for signs of tampering
(marks on the ground, bits of tape, wire insulation, etc.).
Action to be taken upon Location of a Suspected Bomb:
a.
If a suspected bomb is located, it will remain untouched.
The patrol officer will notify Communications Center and
request that the bomb technician be dispatched to the
scene. At no time will any unqualified officer attempt to
move or render safe any suspected explosive device;
b.
The officers on the scene will then evacuate the area. They
should also attempt to isolate the bomb by surrounding it
with cushions or mattresses, etc.
c.
The Communications Center will also advise other
emergency equipment and services be dispatched to the
scene;
d.
Upon arrival, the Bomb Technician and/or E.O.D. authority
will supersede all other officers.
Conclusion of Search:
a.
The supervisor at the scene will notify the owner/person in
authority of the building of the results of the search; and
b.
The supervisor will make sure that all required reports have
been completed and all units are back in service.
Page 16
B11-3 INITIAL OFFICER RESPONSIBILITIES ON THE SCENE OF A
HOSTAGE, SNIPER, ACTIVE SHOOTER, OR BARRICADED PERSON
INCIDENT
ISSUED 05/21/2007
INTRODUCTION
This situation poses an extreme danger not only to officers, but to other persons as well.
Good judgment demands that a tactical plan be developed.
As soon as an incident is verified, officers should seal avenues of escape and call for
assistance of the Decatur County Sheriff’s Department S.R.T. (Special Response Team).
Once the suspect is isolated, time is to the benefit of the officers, and the full resources of
the Agency are available to assist officers in removing the suspect from the location. To
minimize the possibility of injury to officers and others, appropriate special equipment and
trained personnel should be requested as needed. If possible, an effort should be made
to contact the suspect in an attempt to persuade the suspect to surrender voluntarily
before force is used.
A.
Duties of Responding Officer The responding officer shall have the following duties:
1.
Confine the suspects to the immediate area and maintain firearms
discipline;
2.
Direct members of the Agency not to fire weapons, unless their lives, or the
lives of others, are in imminent danger;
3.
Request the Communications Center to notify his/her immediate
supervisor, the Patrol Commander and the Decatur County Sheriff’s
Department SRT commander;
4.
Cordon-off the area and evacuate injured persons, if the situation permits;
5.
Request that an ambulance be dispatched to the location;
6.
Detain all persons, both civilian and members of the Agency, having
pertinent information regarding the suspect, or his/her location for debriefing; and
7.
Establish a command post, advising all concerned units of the location and
of any streets or areas which may be unsafe for responding units to enter.
Page 17
B.
Duties of First Patrol Supervisor The first patrol supervisor on scene shall have the following duties:
1.
Direct all responding members of the Agency, and any other department, to
report to the Command Post for assignment and briefing. Ensure that all
members are aware that the safety of hostages, personnel and citizens are
of primary concern and the need for maintaining firearms discipline;
2.
Direct members of the Agency not to fire weapons, unless their lives or
lives of others are in imminent danger;
3.
Designate an alternate mobilization point for responding personnel, if
needed, transmitting this information to the Communications Center.
Advise the Communications Center of any streets or areas which may be
unsafe for responding units to enter;
4.
Determine the necessity to evacuate the location or area. If deemed
necessary, commence evacuation of bystanders. Then evacuate persons
in their homes, apartments, businesses, schools and/or churches; and
5.
Gather intelligence information regarding:
a.
Location of suspect (floor, room, roof);
b.
Types of weapons suspect may have or can possibly obtain;
c.
Identification of suspect, including complete physical description,
mental state, and physical condition;
d.
Suspect's purpose;
e.
What crime has suspect committed (assault, robbery, minor
disturbance, etc.);
f.
Physical description of any hostage(s) and his/her physical and
mental condition, communicating this information to all responding
personnel;
g.
Location of any telephones;
h.
Deploy additional personnel when they respond to cover exits and
possible escape routes and for vehicle and pedestrian control;
Page 18
i.
C.
Provide a complete status report to the Shift/SRT Commander(s)
and stand by to assist
Duties of Assisting Personnel Personnel assisting with the incident shall have the following duties:
D.
1.
Personnel responding to assist a tactical situation will report to the
Command Post or to a designated staging area. Assisting personnel will
not deploy on their own;
2.
When duly assigned to a specific duty, assisting personnel are expected to
maintain absolute control of their post to ensure the safety of innocent
persons and to prevent escape of the suspect(s); and
3.
Assisting personnel will not act individually unless ordered to do so, or if
failing to act would jeopardize the safety or lives of other personnel or
citizens.
Command Responsibilities 1.
The authority to direct a tactical situation involving a hostage, sniper,
barricaded person, or other unusual incident rests entirely with the Incident
Commander or SRT Commander:
a.
E.
Officers of a higher rank may make suggestions and/or assist in
any manner deemed necessary, but may not actively direct the
operation
Duties of Criminal Investigation Personnel 1.
The Criminal Investigation Division will be responsible for:
a.
Conducting all phases of the Criminal Investigation surrounding the
incident;
b.
Debriefing negotiators and witnesses;
c.
Interviewing the family and friends of the suspect for intelligence
purposes;
d.
Verification of all claims or allegations made by the suspect; and
e.
Coordinating the preparation of appropriate reports surrounding the
Page 19
incident.
F.
Communicating With the Suspect The following guidelines should be used in communicating with suspect:
1.
G.
Attempt to establish a line of communication with the suspect:
a.
This may be done through relatives, friends, or neighbors; however,
such persons will not be permitted to enter an area secured by the
captor, sniper or barricaded person;
b.
Attempt to limit the suspect's means of communication with other
persons to avoid jeopardizing the operation or providing a forum for
the offender;
c.
If a telephone number is needed, contact the telephone company;
d.
If unable to communicate via telephone, resort to a bull horn or a
public address system;
e.
Make certain the suspect(s) knows with whom he/she is
communicating and negotiating;
f.
Keep the suspect talking as long as possible, since the longer the
conversation, the greater the opportunity for a successful
negotiation; and
g.
If possible, have a wire tap installed on the suspect's telephone or
have a listening device directed toward his/her area of control.
Suggested Negotiating Procedures The following guidelines may be used in negotiating with suspect:
1.
Attempt to describe to the suspect the futility of his/her actions;
2.
Make every attempt to persuade the suspect to surrender voluntarily,
before force is used;
3.
Agree to guarantee the suspect's safety only if the suspect releases the
hostage(s) unharmed;
4.
Avoid accepting any explicit deadlines a suspect may seek to establish;
Page 20
H.
5.
Consider obtaining anything within reason demanded by the suspect,
except firearms and ammunition.
6.
If food is demanded, develop a plan for distribution which is mutually
acceptable to the Agency and the suspect:
a.
Drugs should not be introduced into the suspect's food or
beverages; and
b.
The suspect should not be provided with alcoholic beverages.
7.
Never permit a person to enter the suspect's area of control, except a
physician who may volunteer his/her services;
8.
Ask to see any hostages, to assess their well being, but avoid creating the
impression of overt concern;
9.
If hostages are law enforcement personnel, anticipate possible
independent action;
10.
Persist in attempts to negotiate the suspect's demands, while trying to
convince the suspect that releasing the hostage(s) is a guarantee of his/her
safety;
11.
If firmly convinced that a suspect will harm a hostage, consider yielding to
demand for an escape vehicle;
12.
Never consent to release a person in Agency custody in exchange for the
release of a hostage; and
13.
Remember, if a suspect is allowed to escape, the Agency has only
acceded to his/her plan and has not agreed to it.
Assault on a Secured Area and Use of Weapons The following guidelines should be followed in preparation of an assault and the
use of weapons:
1.
Continued negotiating, a lessening of demands and the uneventful
passage of deadlines imposed by the suspect may indicate that the
suspect is beginning to weaken. Continue to negotiate and to consume
time;
Page 21
2.
If convinced that the suspect has become destructive and irrational, the
SRT Commander, or his/her designee, should prepare for an assault
action; and
3.
The authority to commence an assault and/or to employ firepower will only
be given by the SRT Commander.
B11-4 STAKEOUTS
ISSUED 05/21/2007
INTRODUCTION
The purpose of this procedure is to provide guidelines for conducting stakeouts of
businesses that will maximize enforcement effectiveness in the safest possible manner.
Stakeouts are an important Agency activity used in anticipation of enforcement actions
against criminal suspects who are possibly armed. Because these assignments are
inherently dangerous, officers assigned to these duties shall follow Agency policy and
procedures designed to ensure operational effectiveness. If enforcement action is taken,
it should be done so as to minimize potential harm to both civilians and officers.
DEFINITION
STAKEOUT: The tactical deployment of law enforcement officers in anticipation of the
commission of a crime at a specific location or the apprehension of a fugitive.
PREPARATION
Officers assigned to stakeout duty will review the Agency's policy and procedures for
conducting these operations and the Agency's use of force policy.
The officer in charge (OIC) and/or the detail supervisor of the stakeout shall "advance" the
designated location to:
A.
Interview appropriate parties to ascertain their level of cooperation, to
inform them of the nature of the operation and their individual
responsibilities related to deportment and safety, and impress upon them
the importance of keeping the operation strictly confidential;
Page 22
B.
Survey the establishment to determine manpower, equipment and logistical
requirements and prepare a floor plan for the tactical briefing; and
C.
Prepare a tactical plan.
Prior to deployment, the detail supervisor will assemble the stakeout team for a detailed
briefing of the tactical plan of operation, to include:
A.
All available intelligence on the suspects, their MOs, photographs or
composites, armament used and potential for violence, tactics and
routines, use of drugs, method of approach and escape, and other relevant
information;
B.
A detailed assessment of the stakeout location as developed by the
advance team, to include all entry and exit locations, work stations,
positions of cover and surveillance and information on building construction
and other matters relating of unsafe fields of fire;
C.
Weapons and other equipment needs and requirements to include the
mandatory use of soft body armor and the use of videotape to record the
operation whenever possible;
D.
Individual and team assignments and responsibilities, for inside and outside
personnel and manpower rotation and relief procedures; and
E.
Review of contingency plans in cases relating to the use of force, injury of
officers or civilians, taking of hostages, barricaded suspects, threatened
use of explosives or other unexpected events, as well as potential logistical
problems such as communication of vehicle failure.
DEPLOYMENT
A.
Stakeouts will normally consist of an inside and outside team. Enforcement
action should not be initiated by the inside team unless circumstances
dictate such action for the safety of officers or others, or the tactical plan
has designated such action. The inside team shall be used primarily to
relay information to the outside team for purposes of arrest.
B.
The inside team shall be responsible for final briefings of the
establishment's employees, instructing them in the actions they should take
in the event of an armed encounter and informing them that they are not to
initiate any enforcement actions on their own.
C.
Stakeout teams are designated for enforcement actions only with regard to
Page 23
the tactical plan and shall not be used to enforce less serious infractions
such as shoplifting where on assignment. Such infractions shall be
handled on a routine basis by uniform officers.
D.
Uniform officers on patrol in the immediate vicinity of a stakeout shall be
informed of the operation just prior to beginning their shift.
E.
Inside team officers who are not in concealed positions shall assume roles
and attire similar to that of others in the establishment. Outside team
members shall observe good surveillance and concealment tactics at all
times and maintain positions that provide easy and rapid access to the
establishment.
F.
In order to conceal their identity and equipment, officers should exercise
particular caution when entering and exiting stakeout locations. Officers should not
enter or leave as a group.
G.
Weapons shall be readily available to team members at all times but
should not be hidden next to cash registers or in other common hiding
places. All weapons shall be maintained in a ready condition.
H.
Stakeout officers should be assigned a dedicated radio channel for
purposes of the operation and radios should be equipped with earplugs for
security purposes.
I.
Outside stakeout officers should be alert to the following types of situations
and keep inside officers informed of the following suspicious persons or
events:
J.
1.
Persons loitering around the premises;
2.
Automobiles that drive by the establishment slowly and frequently;
3.
Persons wearing inappropriate, out-of-season clothing such as
overcoats, raincoats, and ski caps; and
4.
Suspicious persons carrying shopping bags, duffle bags or coats.
Uniformed officers shall be summoned as soon as possible following a
crime. All plainclothes officers at the scene shall ensure that they are
properly and easily identifiable as law enforcement officers to responding
officers.
Page 24
B11-5 CIVIL DISTURBANCE
ISSUED 05/21/2007
INTRODUCTION
During civil disorder, the Agency's mission is the protection of life and property and
restoration of law and order. This mission may be accomplished by dispersing
unauthorized assemblages and by increased patrolling within the disturbance area. To
prevent commission of lawless acts, the Agency may present a show of force, establish
road or area blockades, disperse crowds, employ chemical agents, start such action
necessary to apprehend and contain snipers, and perform other required operations. The
Patrol Division Commander or Director of Public Safety shall coordinate the Agency's
response to civil disorder.
Impartiality of the Agency in Civil Disorders - Care must be exercised to refrain from
taking, or giving an appearance of taking sides in any civil disturbance.
Enforcement of Laws at Civil Disorders - Officers are required to arrest violators and to
impose restrictions which are mandated.
Deployment at Civil Disorders - The most appropriate course of action to restore law and
order will be pursued within Agency guidelines. The measures used shall be only those
measures reasonably necessary to achieve the objective.
Personnel will be oriented to the existing situation, mission, course of action, and control
measures to be employed.
Liaison with Dissident Groups and Civic Organizations - The Agency maintains liaison with
dissident group members, neighborhood and civic organizations, and minority group
Page 25
leaders to obtain information and to explain the Agency's policies and procedures in
relation to civil disorder. By soliciting the cooperation of these individuals and groups,
tensions are reduced and the restoration of peace and order is facilitated.
DEFINITION
CIVIL DISTURBANCE: An unlawful assembly that constitutes a breach of the peace or
any assembly of persons where there is imminent danger of collective violence,
destruction of property or other unlawful acts.
PROCEDURES
A.
B.
The first officer to arrive on the scene of a civil disturbance should do the following:
1.
Observe the situation from a safe distance to determine if the gathering is
currently or potentially violent.
2.
Notify the communications center of the nature and seriousness of the
disturbance, particularly the availability of weapons. Request the
assistance of a supervisor, any necessary backup and advise as to the
present course of action.
3.
If approaching the crowd would not present unnecessary risk, instruct the
gathering to disperse.
4.
Attempt to identify crowd leaders and any individual personally engaged in
criminal acts.
The ranking officer at the scene shall be the officer in charge (OIC). The OIC or
other higher ranking officer assuming command at the scene should take the
following steps.
1.
Assess the immediate situation for seriousness and its potential for
escalation. If the disturbance is minor in nature and adequate resources
are available, efforts should be made to disperse the crowd.
2.
Establish the number of personnel and equipment necessary to contain
and disperse the disturbance and relay this information to the
communications center.
3.
Where necessary, ensure that appropriate notification is made to outside
agencies to include the fire department, rescue squads, state and local law
enforcement agencies, agency officials, public information officer, the
agencies' legal advisor and the local detention center.
Page 26
4.
Establish a temporary command post based on proximity to the scene,
availability of communications, available space and security from crowd
participants.
5.
Establish an outer perimeter sufficient to contain the disturbance and
prohibit entrance into the affected area.
6.
Ensure that, to the degree possible, innocent civilians are evacuated from
the immediate area of the disturbance.
7.
Ensure that surveillance points are established to identify agitators, leaders
and individuals committing crimes, and to document and report on events
as they happen. Photographic and videotape evidence of criminal acts and
perpetrators shall be generated whenever possible.
8.
Ensure establishment and sufficient staffing of a press area.
Page 27
C.
Command Options
When adequate personnel and resources are in place, the OIC shall establish
communications with leaders of the disturbance and discuss actions necessary to
disperse the crowd. Should the crowd fail to disperse in the prescribed manner,
the OIC should be prepared to implement one of the following options.
1.
2.
3.
4.
Containment and dialogue. The objective of containment and dialogue
measures is merely to disperse the crowd. In so doing, the OIC should
a.
Establish contact with crowd leaders to assess their intentions,
motivation and develop a trust relationship; and
b.
Communicate to the participants that their assembly is in violation
of the law and will not be tolerated, that the Agency wishes to
resolve the incident peacefully and that acts of violence will be dealt
with swiftly and decisively.
Physical arrest. When appropriate, the OIC will order the arrest of crowd
leaders, agitators or other engaged in unlawful conduct and will:
a.
Ensure the appropriate use of tactical formations and availability of
protective equipment for officers engaged in arrest procedures;
b.
Ensure the availability of transportation for arrestees; and
c.
Ensure that a backup team of officers is readily available, should
assistance be required.
Nonlethal force. When physical arrest of identified leaders and agitators
fails to disperse the crowd, the OIC may use nonlethal force to accomplish
these ends. In so doing, the OIC shall ensure that:
a.
A clear path of escape is available for those who wish to flee the
area;
b.
The use of chemical agents, smoke or other Nonlethal devices is
coordinated and controlled; and
c.
Canine teams are restricted from all enforcement actions.
Use of deadly force. The use of deadly force in the control and
dispersement of civil disturbances as in other circumstances is governed by
the Agency's use of force policy. Specifically:
Page 28
D.
a.
Law enforcement officers are permitted to use deadly force to
protect themselves or others from what is reasonably believed to be
an immediate threat of death or serious bodily injury;
b.
Particular caution should be taken when using firearms during civil
disturbances -- the arbitrary use of return fire in crowds is
prohibited; and
c.
When sniper fire is encountered or hostages taken, the Agency's
policy on hostage and barricaded subjects shall be followed.
Mass Arrest
During the course of civil disturbances, it may be necessary to make arrests of
numerous individuals over a relatively short period of time. In order for this
process to be handled efficiently, safely and legally, the OIC should ensure that:
E.
1.
An arrest team is designated to process all prisoners for purposes of
transportation;
2.
An adequate number of vehicles are made available to remove the
prisoners to the detention center;
3.
An adequate secure area is designated in the field for holding prisoners
after initial booking and while awaiting transportation;
4.
All arrested individuals are searched, photographed and properly identified
prior to transportation to the detention center for formal booking;
5.
All injured prisoners are provided medical attention prior to being booked;
6.
All arrested juveniles are handled in accordance with the Agency's
procedures for the arrest, transportation and detention of juveniles; and
7.
All evidence and weapons taken from arrestees are processed in
accordance with the Agency's policy on the preservation and custody of
evidence.
Deactivation
When the disturbance has been brought under control, the OIC shall ensure that
the following measures are taken.
1.
All law enforcement officers engaged in the incident shall be accounted for
Page 29
and an assessment made of personal injuries.
2.
All necessary personnel shall be debriefed as required.
3.
Witnesses, suspects and others shall be interviewed or interrogated.
4.
All written reports shall be completed as soon as possible following the
incident to include a comprehensive documentation of the basis for and the
Agency's response to the incident.
Page 30
B11-6 DISASTER & HAZARD INCIDENTS
ISSUED 05/21/2007
INTRODUCTION
Georgia has experienced many natural disasters such as floods, tornadoes, and
hurricanes.
The primary goal of the agency is to ensure preparation to respond and recover from
the consequences generated by a hazard or disaster.
Some of the hazards for which the community is vulnerable are as follows:
NATURAL DISASTERS
Flooding
Weather
Wildfires
Hurricanes
Tropical Storms
Heat
Drought
Tornadoes
Sever
MAN MADE DISASTERS
Hazardous Material Incidents
Radiological/Nuclear Incidents
Terrorism
DEFINITIONS
DISASTER: is an event which causes a great loss of life, damage, or extreme hardship.
SEVERE WEATHER: is an extreme meteorological event or phenomenon, which
represents a real hazard to human life and property. Severe Weather generally includes
heavy rains, strong winds or wind gusts, hail, lightning, tornadoes, floods, and/or
extreme temperatures.
PROCEDURES
I.
Weather Related Disasters and Hazards
A.
PREPARATION
When incidents of pre-forecasted hazards are received by the agency the
primary goal and responsibility of the agency will be the protection of life
and property.
Page 31
1.
2.
The Director of Public Safety or designee will activate emergency
notification procedures of agency personnel and / or any mutual aid
agreements.
The Director or designee will coordinate preparation procedures for
management of the incident with;
a)
b)
c)
d)
3.
Agency personnel will be responsible for;
a)
b)
c)
B.
Street department;
Water department;
Gas department and;
Other assisting agencies.
Warning notification to the public;
Direction to shelters and evacuation routes and;
Prevention of civil disorder (see SOP B11-4 Civil
Disorder);
RESPONSE
Because of the inherent danger to agency personnel during certain
incidents, normal patrol and call for service response procedures will be
suspended.
During the below listed types of incidents, call for service will be handled by
telephone or complainants notified that response will be made when
conditions are deemed safe.
*NOTE*
THE EXCEPTION TO THIS SUSPENSION WILL BE FOR
CALLS FOR
SERVICE WHICH INVOLVE LIFE THREATENING
CIRCUMSTANCES.
1.
Hurricanes
A tropical cyclone above 74 miles per hour is considered a
hurricane and poses threats such as storm surge, high winds, and
rainfall. Secondary effects, such as tornadoes and flooding, can
result from a hurricane.
2.
Tornadoes
Severe weather conditions, such as a thunderstorm or hurricane,
can produce a tornado. The extension may be up to 50 miles and
move at speeds of 10 to 50 miles per hour. Through combined
Page 32
action of strong rotary winds and the impact of wind-born debris,
destruction occurs.
3.
Tropical Storms
A well-organized counterclockwise circulation of clouds and winds
below 74 miles per hour constitutes a tropical storm. Severe
flooding often accompanies a tropical storm.
4.
Other Sever Weather
Other types of Sever Weather include Thunder Storms which
produce severe lighting, hail, or winds with sustained speeds of 45
mile per hour or higher.
GENERAL ORDER
SUBJECT:
ISSUED:
EFFECTIVE:
05/21/2007
Immediately
CANCELS:
Racial Profiling
REFERENCE:
DISTRIBUTION:
AMENDS:
All
B-12
Index
I.
PURPOSE
II.
SCOPE
III.
DEFINITION
IV.
POLICY
V.
TRAINING
VI.
DISCIPLINARY ACTION
VII.
Racial Profiling
Page 2
I.
Purpose
To establish a written policy that prohibits the use of racial or ethnic profiling by
law enforcement officers of this agency.
II.
Scope
This policy shall apply to all sworn officers of Bainbridge Public Safety.
This policy and procedure is for agency personnel use only, and does not apply
to any criminal or civil proceeding. Departmental policy should not be interpreted
to create a higher legal standard of safety or care in an evidentiary sense with
respect to third party claims.
III.
Definition
This agency defines “racial profiling” as any law enforcement-initiated action that
relies upon the race or ethnicity of an individual, rather than the behavior of that
individual. Racial profiling does not include circumstances where the officer has
information that includes a racial or ethnic descriptor concerning a suspect for a
specific crime where that information is reliable and is likely to lead to the
discovery of that individual.
IV.
Policy
It is the policy of this agency that the practice of racial or ethnic profiling by
officers of this agency is strictly prohibited.
All officers of this agency shall exercise their law enforcement powers in a
manner that does not unlawfully discriminate against individuals based on race or
ethnicity.
No officer of this agency shall endorse or act upon stereotypes, attitudes or
beliefs that a person's race or ethnicity increases the probability that the person
will act unlawfully.
Officers of this agency may consider race and ethnicity in deciding to take law
enforcement action only when the employee possesses specific suspect
information that is reliable and is likely to lead to the discovery of that individual.
V.
Training
This agency shall develop and deliver training to all officers to provide guidance
regarding the consideration of race and ethnicity in the agency’s law enforcement
activities.
VI.
Disciplinary Action
Racial Profiling
Page 3
This agency shall conduct periodic performance reviews of officer conduct to
insure compliance with this policy.
Members of the agency found to be in violation of this policy will be subject to
disciplinary action administered in accordance with City of Bainbridge Personnel
policy Section 13.
VII.
Effective:
_____________________
City Manager
Chris Hobby
_______________________
Larry Funderburke
GENERAL ORDER
SUBJECT:
ISSUED:
EFFECTIVE:
08/08/2007
Immediately
CANCELS:
Fire Station Rules
REFERENCE:
AMENDS:
DISTRIBUTION:
All
C-01
Index
I.
PURPOSE
II.
POLICY
III.
A.
General Station Rules
B.
Uniform
C.
Apparatus Inspections and Pump Testing
I.
Purpose
To establish a written policy that mandates daily rules and responsibilities of
personnel assigned to fire station duties.
II.
Policy
A.
General Station Rules
All personnel shall report 10 minutes prior to assigned shift to assure the
exchange of necessary information between shifts.
The shift commander shall not leave prior to being properly relieved by
the oncoming shift commander.
While on duty, if you leave your assigned station for ANY REASON other
than calls of service, the shift supervisor must be notified.
Phone calls of a personal nature will be limited to five to ten minutes and
shall not interfere with day to day functions. This will apply to the use of
personal cell phones as well.
Use of computers and fax lines are not to be used for conversation or
personal business without approval of the Fire Chief or designee.
All televisions in all fire stations shall be kept on news channels only
between the hours of 0800 and 1700 Monday through Friday unless
otherwise approved by the Fire Chief or designee.
Visits from friends and family will be limited to a reasonable time at the
discretion of the shift supervisor. There will be no visitors after 2200
hours, unless of an emergency nature.
The kitchen, stove, and table will be cleaned after cooking and / or eating.
Individuals using appliances and utensils are responsible for cleanup of
such appliances and utensils.
Stations are to be cleaned up to include, dusting, sweeping, and mopping
prior to the end of duty shift unless answering emergency calls.
No smoking or use of tobacco products in buildings or vehicles.
Individuals who smoke or use tobacco products are responsible for
proper disposal of smoking/tobacco materials.
Fire Station vehicles may not be used for anything other than Fire Station
business. While operating agency vehicles, seat belts will be used.
B.
Uniform
All officers assigned to Fire Station duties will be fully dressed at all times,
to include uniform shirt.
Turnout gear will be stored in a ready position and be readily available for
calls of service. When dispatched to a call of service a minimum of
bunker pants and boots shall be donned before leaving the station and
determination of further level of protection determined at scene in
accordance with agency policy.
Turnout gear shall be maintained and inspected on a regular basis to
ensure proper working order and quality of protection. Turnout gear will
be laundered when necessary. When defects or damage are discovered
to turnout gear it shall be turned into the Fire Chief or designee for repair
or replacement.
C.
Apparatus Inspections and Pump Testing
All officers assigned to Fire Station duties will begin an inspection of
station equipment at the beginning of shift assignment.
All trucks and equipment shall be inspected and checked off within thirty
minutes of begin of shift assignment.
Equipment shall be checked for function, cleanliness, fluid, and fuel
levels.
Specific equipment to be inspected is as follows:
1.
2.
3.
4.
5.
6.
7.
8.
Turnout Gear
SCBA Gear
Engines and Vehicles
Radio Equipment
Hand Tools and Accessories
Extraction Equipment
Exhaust Fans
Ladders
There will be no swapping of equipment from vehicle to vehicle without
approval from the Fire Chief or designee.
Any lost or damaged equipment will be reported immediately to the Fire
Chief or designee.
The agency will conduct annual pump tests for all fire trucks. This test
will be in accordance with requirements listed in NFPA Code 1911 the
standard for service test of fire pump systems on fire apparatus.
III.
Effective:
_____________________
City Manager
Chris Hobby
_______________________
Larry Funderburke
GENERAL ORDER
SUBJECT:
ISSUED:
EFFECTIVE:
08/08/2007
Immediately
CANCELS:
Vehicle Operations
REFERENCE:
AMENDS:
DISTRIBUTION:
INDEX SECTION:
All
C-2
INDEX
I.
PURPOSE
II.
DEFINITIONS
III.
IV.
A.
B.
Safety Rules
C.
Emergency Operations of Fire Station Vehicles
D.
Training
E.
Accident Investigations Involving Agency Vehicles (see S.O.P. B5-5
Vehicle Accident Review Board)
F.
Vehicle Accident Review Board (see S.O.P. B5-5 Vehicle Accident
Review Board)
S.O.P. C2-1 VEHICLE MAINTENANCE
Section C Chapter 2
Vehicle Operations
Page 2
I.
PURPOSE
A.
Establish and prescribe guidelines and procedures for all government
owned vehicles operated by members of the Agency in the performance of
their duties.
B.
Establish a standard operating procedure for Agency vehicle maintenance.
C.
Establish a standard operating procedure for a vehicle accident review
board.
II.
DEFINITIONS
DUE REGARD - When a reasonably careful person, performing similar duties
under similar circumstances, would act in the same manner.
EMERGENCY - A situation in which there is a high probability of death or serious
injury to an individual or significant property loss.
EMERGENCY VEHICLE - A vehicle equipped with a siren and one or more red
and blue lights which can be operated as an emergency vehicle.
III.
A.
A vehicle operator shall be familiar with his/her assigned vehicle, its
capabilities, limitations, and daily operational status.
During routine vehicle operation an officer's responsibility to exercise due
care is no different from that of every other citizen. Good driving habits and
courtesy toward other drivers or pedestrians should always be practiced.
The operation of all pump apparatus vehicles requires the operator to hold
a valid Georgia Class B license.
B.
Safety Rules
1.
When operating an emergency vehicle, an officer must have the
vehicle under control and be prepared to yield the right of way.
2.
When an officer receives information indicating that an emergency
exists, his/her primary duty is to arrive at the site of the emergency
as safely as conditions permit.
3.
Seat belts shall be fastened when operating a city owned vehicle.
Section C Chapter 2
Vehicle Operations
Page 3
C.
4.
An officer should not drive up immediately behind another vehicle
and sound the siren. The motorist may suddenly stop.
5.
An officer should not pass to the right of a vehicle in traffic, unless
absolutely necessary.
6.
An officer may fluctuate the sound of the siren so that the
emergency vehicle can be heard.
7.
An officer shall always maintain adequate radio volume and remain
aware that the Communications Center may wish to relay additional
information while the vehicle is being operated in an emergency
status.
8.
When an officer approaches an intersection extreme caution shall
be used:
a.
The vehicle should be slowed to a normal speed when
approaching an intersection and it should be crossed with
the light;
b.
When it is necessary to enter an intersection against the
light, all emergency vehicles should come to a complete
stop to insure all traffic has seen the vehicle before crossing
the intersection; and
c.
The above sections, a and b, also apply to STOP signs.
Emergency Operations of Fire Station Vehicles
1.
Vehicles involved in or responding to emergency operations will not
exceed more than ten (10) mph above the posted speed limit.
2.
Only marked vehicles with roof-mounted emergency light systems
should engage in an emergency response.
3.
Considerations (Emergency Use).
Before engaging in the emergency use of a vehicle, several factors
in addition to vehicle control, due regard and true emergency
considerations must be weighed. Typical examples include but are
not limited to:
a.
The type and condition of the vehicle being operated;
b.
The type and condition of the roadway to be traveled and
the officer's familiarity with it;
Section C Chapter 2
Vehicle Operations
Page 4
4.
c.
Obstacles, both present and potential that must be avoided
(e.g., foreign objects on the roadway, construction, gravel,
standing water, etc.);
d.
Experience and the training of the officer in a high speed
vehicle operation;
e.
The nature of the call and the circumstances known
concerning the manner in which the call was relayed to the
communications’ center;
f.
The time of day, amount and type of traffic encountered (the
potential danger to the officer and other drivers operating at
a high speed);
g.
Visibility and illumination available to the officer in the area
being traveled; and
h.
Existing weather conditions and roadway surfaces.
Emergency Use of Vehicles
The driver of any fire station vehicle responding to an emergency
call shall use the blue light and siren. If the siren would warn of the
officer's approach and aid in a violator's escape or endanger the life
of other persons, the siren may be disengaged upon approaching
within audible range. At that time, the officer shall cease
emergency vehicle operating status by slowing speed to normal and
disengaging emergency equipment.
D.
Training
Training shall cover three areas:
E.
1.
Routine Driving: Ordinary driving for going from one point to
another. The emphasis is on driving safely to prevent any type of
accidents;
2.
Emergency Driving: Driving which requires the use of emergency
warning devices (audible and visible) in order to be exempted from
rules of the road, while exercising due caution and regard for the
safety of other vehicles; and
Accident Investigations Involving Agency Vehicles (See S.O.P. B5-5
Vehicle Accident Review Board)
Section C Chapter 2
Vehicle Operations
Page 5
F.
IV.
Vehicle Accident Review Board (See S.O.P. B5-5 Vehicle Accident
Review Board)
_____________________
City Manager
Chris Hobby
_______________________
Larry Funderburke
Section C Chapter 2
Vehicle Operations
Page 6
C2-1 VEHICLE MAINTENANCE
INTRODUCTION
One of the basic rules of safe vehicle operation is that the officer be familiar with both the
vehicle and its capabilities. The day to day condition of the vehicle is of paramount
importance for safe operation, with the final responsibility for care resting on the officer
who operates the vehicle.
INSPECTION
Each officer of the Agency who will operate a vehicle during his/her tour of duty must
check the following on the assigned vehicle.
1.
2.
Prior to use, the following items shall be checked daily by the officer:
a.
Proper inflation and condition of tires;
b.
Brakes, lights, windshield wipers and washers, horn, emergency
equipment, and other electrical equipment;
c.
Damage to exterior and interior of the vehicle;
d.
Mechanical defects. Certain conditions such as a defective exhaust,
steering mechanism irregularities, alignment, or other mechanical defects
can only be discovered after the vehicle is operational; and
e.
These conditions, or any of the above not readily corrected shall be
immediately reported to the shift supervisor on duty and a report filed. An
employee shall not operate an unsafe vehicle.
Prior to use, the following items shall be checked as needed by the officer:
a.
Cleanliness, particular attention should be given to any loose items inside
the vehicle that have the potential to hinder the safe operation of the
vehicle;
b.
Gauges, to keep the vehicle within the proper operating ranges;
c.
Condition of spare tire and other necessary equipment;
d.
Oil and water (each time the vehicle is refueled);
e.
Routine maintenance schedule (oil, filter, and lube).
GENERAL ORDER
ISSUED:
EFFECTIVE:
08/08/2007
Immediately
SUBJECT:
CANCELS:
Fire Related Services
REFERENCE:
AMENDS:
INDEX SECTION:
DISTRIBUTION:
All
C-3
INDEX
I.
PURPOSE
II.
DEFINITIONS
III.
POLICY
IV.
A.
Fire Calls
B.
Vehicle accidents / Extrications
C.
Pump and Hydrant Guidelines ((See S.O.P. C3-2 Pump and Hydrant
Guidelines)
C.
Bomb Threats (See SOP B11-2 Handling of Bomb Threats)
D.
Incidents).
E.
Hazardous Material Response
S.O.P. C3-1 REHABILITATION GUIDELINES
S.O.P. C3-2 PUMP AND HYDRANT GUIDELINES
Section C Chapter 3
Page 1
I.
PURPOSE
To establish agency guidelines for preparation and response to fire related service
calls.
II.
DEFINITIONS
A.
STRUCTURE FIRE - is a fire in any of various residential or commercial
buildings, such as single family dwellings, townhouses/row houses,
garden apartments, high-rises, and strip malls.
Structures are divided into five construction types for the purposes of
firefighting, and are listed from least combustible to most combustible:
Type I: Fire Resistant: Typically used in hi-rises. Fire resistant
protection is applied to steel members of the construction.
Type II: Non-Combustible: Typically used in strip shopping center
malls. Roofs are constructed out of steel rafters.
Type III: Ordinary Construction: Brick and mortar walls, wood
frame floors. City row houses are where this type of construction
is most often found.
Type IV: Heavy Timber: Often used in churches or other
community based buildings.
Type V: Wood Frame: Typically used in recent construction of
single family dwellings, townhouses, garden apartments with four
floors or less.
III.
B.
GRASS / BRUSH FIRE - also known as a wild fire, forest fire, or
vegetation fire, is an uncontrolled fire often occurring in undeveloped
areas, but which can also consume houses, businesses, or agricultural
resources. Common causes include lightning, human carelessness, and
arson.
C.
HAZARDOUS MATERIAL - is any solid, liquid, or gas that can harm
people, other living organisms, property, or the environment.
POLICY
A.
Fire Calls
Section C Chapter 3
Page 2
1.
Response
Upon being notified of a call all units will:
a.
Notify the communications center that they are enroot and
give unit number, location and address of incident.
b.
Ask the communication center to notify responding units of
any updates or conditions known about the fire.
c.
Keep radio traffic to a “need to know” basis. All other radio
traffic should be done on a secondary channel.
All personnel that respond to fire calls must wear all protective
clothing, including SCBA’s before entering any structure that
involves visible flames, smoke, or any other products of
combustion.
The first arriving unit or personnel should notify the
communications center of arrival and give any necessary further
updates; Example: smoke visible, no smoke visible, fully involved,
other structures involved, occupants, closest hydrants, etc…
The Fire Chief shall be notified of all major fire incidents. This
includes fires with extensive damage or fires that involve serious
injury or death. The Fire Chief shall be responsible for notifying
other officials as he/she deems necessary.
The first arriving pumper on scene will be set up as a primary
attack pumper and command post unless conditions dictate to do
otherwise.
The first arriving pumper to reach the fire scene may use their
own discretion as to the type of hose line they will use. The
officer in charge may choose to use a 1 ½ hose line or 2 ½ for
structural fires and vehicle fires where smoke and flames are
visible. Booster lines may be used on smaller fires such as grass,
brush, or dumpster fires.
(See also SOP C03-2 Pump and Hydrant Guidelines)
Primary pumper will be the main attack pumper and all fire
suppression is to be performed from this pumper. Hand lines will
only be pulled from the primary pumper unless ordered to do
Section C Chapter 3
Page 3
otherwise by the incident commander.
The first arriving shift supervisor will establish command and will
notify other responding units of any additional resources that may
be needed, such as additional lines, laying of supply line, etc.
The first arriving shift supervisor will remain in command as the
incident commander of the fire scene until relieved. The incident
commander should be the only one giving instructions and all fire
suppression efforts should be coordinated through the incident
commander
As soon as enough personnel are on scene the incident
commander will appoint a safety officer. The incident commander
is the safety officer until one is appointed. Safety officer should
be located within the fire scene to keep check on personnel.
Primary pumper will remain on scene until command is
terminated.
The second arriving pumper will respond to the scene and wait for
the incidents commander’s direction to lay a supply line to nearest
hydrant. The incident commander will determine the size of the
supply line needed.
All other responding pumpers may be used either to relay water to
the primary pumper or be moved to a staging area at the
discretion of the incident commander. This will ensure the
availability of pumpers being needed for other calls and to better
coordinate fire suppression efforts.
When called to lay into a Standpipe or Sprinkler system always
maintain 150 psi unless otherwise directed by the incident
commander.
2.
Safety Considerations
a.
Officers should check all closed doors and windows before
making entry for the following:
1)
Back draft conditions
2)
Possible Structural Collapse
3)
Other conditions that may cause injury
Section C Chapter 3
Page 4
3.
b.
When entry is required into structures firefighters shall work
in pairs.
c.
Search and rescue operations shall be conducted in a
systematic approach.
d.
Do not use elevators.
e.
The decision to ventilate structures should be made by the
incident commander.
f.
Ventilation should not be done until safety lines have been
properly placed and charged. Roof ventilation should be
aided by roof or straight ladders to assure safe footing.
g.
Safety should always be considered before decisions are
made to use elevated fire streams on direct fire attack.
h.
Motor vehicles contain many types flammable fuel,
including flammable liquids like gasoline and oil as well as
solid combustibles, including the car's upholstery.
i.
Modern car safety devices can also pose unique hazards
in fires:
1)
Detonators used in air bag systems can explode,
2)
Bumpers with specially designed "crush zones" can
release sulfuric acid when heated,
3)
Wiring in electric and hybrid cars can cause
accidental electrocution.
j.
Car batteries pose a fairly unique hazard in themselves:
hydrogen gas evolved in the electrolysis reaction ignites
readily in fire conditions and can result in an explosive
dispersion of battery acid.
k.
During certain situations the establishment of rehabilitation
unit should be considered by the incident commander. (See
SOP C03-1 Rehabilitation Guidelines)
Accountability
Section C Chapter 3
Page 5
The agency shall use an accountability tag system at all response
scenes. All officers shall be assigned a tag with unit number or
name on such tag. These tags are to be affixed to the back of the
fire helmet and upon arrival at a scene the tag will be turned into the
safety officer.
Before being released from a scene all officers shall obtain
permission from the incident commander and report to the safety
officer to recover their safety tag.
B.
Vehicle Accidents / Extrications
Fire units will not respond to vehicle accidents unless requested by patrol
units or unless notified by the communications center that smoke or fire are
present or vehicle occupants are entrapped or injured.
When responding to vehicle accidents or entrapments all personnel shall
wear all protective clothing, including eye protection when performing
extrications.
C.
Bomb Threats (See SOP B11-2 Handling of Bomb Threats)
D.
Incidents).
E.
Hazardous Material Response
All agency personnel shall be trained to the Awareness level of hazardous
material response, in accordance with NFPA Code 472.
Fire units shall respond to all incidents that may involve hazardous
material. Upon arrival at a hazardous material scene the primary objective
is to attempt identification of the material and evacuate as needed.
The Bainbridge Public Safety Georgia Emergency Management Agency
Region 2 Hazardous Material Response Team will respond to all
Hazardous Material Incidents in the Georgia Region 2 area which includes
the City of Bainbridge. The team commander or designee will determine
the employment of any additional resources that may be needed. These
resources include but are not limited to DOT, EPA, GEMA, FEMA,
CHEMTREC and the Transportation Company involved in the incident or
any other agency that may have the capabilities to handle, control and
remove hazardous materials.
Section C Chapter 3
Page 6
IV.
_____________________
City Manager
Chris Hobby
_______________________
Larry Funderburke
Section C Chapter 3
Page 7
C3-1 REHABILITATION GUIDELINES
INTRODUCTION
The City of Bainbridge is committed to protecting the health and safety of its personnel.
The following guidelines have been developed to prevent the deterioration of any officer’s
capabilities, during major operations, to the point that safety or effectiveness is
jeopardized.
I.
SCOPE
A.
These guidelines apply to any emergency operation or training exercise
when fatigue or exposures to weather extremes are likely. The
implementation of these guidelines shall be considered on all types of
incidents and is not limited to fire incidents.
B.
The final decision for the creation of a rehabilitation unit is the responsibility
of the incident commander. The incident commander shall consider these
guidelines in his/her decision:
1.
If the incident will be long in duration.
2.
If personnel are performing strenuous labor (moderate work in
excess of 1 hour or heavy work in excess of ½ hour)
3.
If extreme environmental conditions exist (heat stress index
above 90 degrees, wind chill below 10 degrees, heavy frozen
precipitation, high winds)
4.
If personnel history indicates (previous working incidents, heavy
workloads)
5.
If the potential for more activity or incidents exist.
6.
If meals have been missed (3 or more hours without food)
7.
If the likelihood of relieving personnel and rotating them off the
incident is questionable.
8.
If the nature of the incidents indicates the need.
Section C Chapter 3
Page 8
C.
The immediate purpose of rehabilitation is to provide physical and mental
rest, relief from harsh weather, revitalization through fluids and food, and
medical assessment.
II.
RESPONSIBILITY
A.
The ultimate responsibility for operational safety and effectiveness is that of the
incident commander. It is his/her decision to create a rehabilitation unit. The IC is
obligated to consider the factors outlined in this SOP in making this decision.
B.
It is highly recommended that the officer in charge of any training exercise or other
planned activity plan to establish a rehabilitation unit if the factors outlined in this
SOP will be present. Under extreme conditions, workloads may have to be
adjusted or an exercise postponed until safe operations can be ensured.
C.
Any time a rehabilitation unit is established by an IC, a unit officer shall be
appointed and shall take charge of the rehabilitation operations.
D.
The rehabilitation officer is responsible for the following:
1.
Establishing and controlling the physical site.
2.
Obtaining the necessary resources.
3.
Logging personnel in/out of the unit.
4.
Providing and documenting medical assessments.
5.
Ensuring that personnel are revitalized.
6.
Coordinate the release of personnel to staging areas.
7.
Making decisions as to the disposition of personnel (release, continued
rehabilitation, treatment and/or transportation to medical facility.
E.
Each unit supervisor is responsible for monitoring the condition of each person
under his/her command for fatigue, injury, illness and the need for relief. Unit
supervisors must be aware of the rehabilitation of their own personnel and
accommodate their needs.
III.
ACCOUNTABILITY
Accountability guidelines shall remain in effect during rehabilitation. The
accountability tag system shall be utilized. Personnel assigned, as a unit shall
Section C Chapter 3
Page 9
move in or out of rehabilitation together with entry and exit times controlled and
documented. The unit officer shall maintain command of personnel in this unit.
Once a crew is ordered to the rehabilitation unit, they will report to the safety officer
and retrieve their accountability tag and report to the rehabilitation unit for rehab
where they will turn their accountability tag into the rehabilitation unit officer.
IV.
LOCATION
A.
The primary factors to consider in locating the rehabilitation unit are establishing
the unit, a sufficient distance from the incident activities, the stress of the
operation, and refuge from weather conditions.
B.
The unit shall be located in a clearly designated and separate area. Other factors
to consider are:
1.
Having room for resources.
2.
Staying away from vehicle exhaust fumes.
3.
Staying out of the Hazard/Hot Zones
4.
Ensuring safety from traffic
5.
Ensuring accessibility for EMS units going in and out.
6.
Ensuring that food and fluids can be readily provided.
7.
Allowing for removal of protective gear.
8.
Providing rest and relief from the weather.
V.
RESOURCES
A.
The major resources required for this unit are cups, fluids for re-hydration, and the
equipment required to make medical assessments. It is recommended that at
least one advanced life support (ALS) unit be assigned to rehabilitation. Transport
capability shall be maintained at the unit.
B.
Other resources shall include copies of rehabilitation reports, pens, pads, and
radios. Supplies may include ice, salvage covers, fans, wet towels, blankets, fire
tape, traffic cones and food as needed. The best foods are soups or fresh fruits,
and non-carbonated drinks. Caffeine is not recommended during the rehabilitation
stage. Large equipment may include vehicles (buses, vans, etc.) to provide
shelter. Portable toilets may be used. Other resources to be considered or
Section C Chapter 3
Page 10
assigned to the rehabilitation unit officer may include other agencies, including the
Red Cross and Salvation Army.
VI.
MEDICAL ASSESSMENT
A.
A key element of rehabilitation is medical assessment. Based on the experience of
other jurisdictions, it is recommended that one unit assessor be assigned to no
more than 10 officers in rehabilitation. Officers shall be assessed as soon as
possible upon their entry into rehabilitation, and prior to exiting the unit. Vital signs
shall be noted on a rehabilitation report. Abnormal vital signs shall be checked five
minutes after the first assessment for signs of improvement.
B.
All officers shall be held for a minimum of 15 minutes in rehabilitation. While in
rehabilitation, rest shall be enforced and officers shall be re-hydrated by drinking
fluids beyond thirst (approximately one 16 ounce glass per 15 minutes work).
Officers shall be further evaluated for environmental exposure, minor injuries, and
in general, the capability to continue working.
C.
The judgment of medical personnel shall be used to determine if aggressive
intervention is necessary to treat any officer. Treatment and transportation to a
medical facility shall be promptly given to any officer requiring medical assistance.
The rehabilitation unit officer/medical officer has the final responsibility for
determining the fitness of any officer to return to the operation.
Upon completion of rehabilitation officers will retrieve their accountability tag from
the rehabilitation unit officer or medical officer. Officers will then report to the
safety officer and turn their accountability tag in before receiving further
assignment from the incident commander.
D.
E.
Guidelines for abnormal vital signs:
1.
Pulse above 120
2.
Blood pressure greater that 150(systolic), or greater than 90(diastolic)
3.
Temperature greater than 100.4 degrees Fahrenheit
4.
Temperature less than 97.0 degrees Fahrenheit
No one with abnormal vital signs shall be returned to the ongoing operations. If
officer’s vital signs fail to normalize after 30 minutes in the rehabilitation unit,
additional definitive treatment such as medication for hypertension or lowering
heart rate, etc. and transport to a hospital may be required. An officer’s signs and
symptoms of environmental element exposure will also be monitored to gauge
Section C Chapter 3
Page 11
his/her return to operations.
F.
The rehabilitation report shall be used to document medical assessments and shall
be maintained for the duration of the incident. If any officer requires transportation
to a hospital, the history documented in this report shall go with the patient.
Section C Chapter 3
Page 12
C3-2 PUMP AND HYDRANT GUIDELINES
INTRODUCTION
The following guidelines shall be established for the use of pump apparatus and fire
hydrants.
I.
Hydrant Connection
A.
Direct Connection
In some instances the primary pump may lay a direct connection to a
hydrant after beginning pump operations to the fire.
When the primary pump is within fifteen feet (15’) of a hydrant the primary
pump may directly connect with the hydrant by use of a 5 inch or “Steamer”
line in the fire calls for a high volume of water.
When the primary pump is within one hundred feet (100’) of a hydrant the
pump may directly connect with the hydrant by use of a 2 ½ inch line.
B.
Reverse Lay
The reverse lay is the primary type of hydrant connection used by the
agency when hydrants are further than one hundred feet (100’) from the
primary pumper.
The reverse lay is performed by wrapping the male end of a 2 ½ inch line
from a secondary pump around a tire on the pump operation side of the
primary pumper at the fire scene. The secondary pump then proceeds to
the closest hydrant and performs a connection to the secondary pumper’s
discharge and begins pumping at 80 psi to the primary pump. The
secondary pump then performs a direct connection from the hydrant to the
secondary pump’s intake and opens the hydrant to full capacity.
C.
Hydrant Volume
After connection to a hydrant is made the hydrant shall be opened to full
capacity.
II.
Guidelines for Pump Operation
Section C Chapter 3
Page 13
A.
B.
Deluge Gun Operation
1.
Lay large diameter hose from hydrant to supply engine, which will
pump into the deluge set.
2.
Advance 2 ½’” lines (minimum of two) from engine to deluge set
to be used. Loop or circle each supply line.
3.
Road transmission should be in proper gear.
4.
Pump transmission should be engaged.
5.
1 ¾” tip is standard
6.
Nozzle tip pressure 80 psi.
7.
Flow at 80 psi with 1 ¾” tip is 800 gpm.
8.
Friction loss in deluge 25 psi.
9.
Friction loss in hose is 32 psi per 100 feet using two 2 ½ “lines.
10.
Engine pump pressure is 137 psi using two 2 ½” lines.
11.
Pump should be set in volume mode (for double stage pump only).
12.
Proper 2 ½” discharge outlets should be opened slowly.
Aerial Ladder Pipe Operation
1.
Lay large diameter hose from hydrant to supply the engine, which
will pump into the aerial ladder pipe.
2.
Advance hose from engine to ladder pipe Siamese using a
minimum of two 2 ½” line.
3.
Road transmission should be in proper gear.
4.
Pump transmission should be engaged.
5.
Operating pressure for 500 gpm Aerial fog nozzle is 100 psi.
6.
Friction loss from elevation is 30 psi.
Section C Chapter 3
Page 14
C.
D.
7.
Friction loss from appliances is 30 psi.
8.
Friction loss from 100 feet 3” hose is 20 psi.
9.
Friction loss in two 2 ½” lines is 15 psi per 100 feet.
10.
Engine pump pressure should be set at 195 psi (using two 100 foot
2 ½” lines).
11.
Pump should be in volume mode.
12.
Proper 2 ½” discharge outlets should be opened slowly.
Guidelines for Handline Operation Procedure
1.
Pump pressure stage for booster and 1 ½” hose layout.
2.
Set relief valve or pressure governor when using 1 ½” or 2 ½”
handlines.
3.
Booster line operating engine pressure is 125 psi.
4.
Engine operating pressure for 1 ½” preconnect handlines is 120 psi
for fog nozzles.
5.
Engine operating pressure for 2 ½” preconnect handlines is 100 psi
for fog nozzles.
6.
Preconnect 1 ½” handlines shall be 150 or 200 feet in length.
7.
Preconnect 2 ½” handlines shall be 150 or 200 feet in length.
8.
All variable gallonage nozzles will be set to the highest gallonage
setting unless changed by the incident commander.
9.
Pump in volume stage whenever exceeding one-half the rated
capacity of the pump (I.E. 375gpm with 750gpm pump). Double
stage pumpers only.
Pressure/friction loss guidelines for handlines.
1.
Fog Nozzles are rated at 80 to 100 psi nozzle tip pressure.
2.
Smooth bore nozzles are rated for 50 psi nozzle tip pressure.
Section C Chapter 3
Page 15
3.
Friction loss for 1 ½“hose with 100 gpm flowing is 24 lbs. per 100
feet.
4.
Friction loss for 2 ½” hose per 100 feet is as follows:
Flow
Friction Loss
100 gpm
200 gpm
300 gpm
400 gpm
2 psi
8 psi
18 psi
32 psi
*Friction loss for smooth bore nozzles for hand lines use is a follows
NOZZLE TIP
1
1 1/8
1¼
FLOW (GPM)
200
250
300
E.
FRICTION LOSS
10 psi
18 psi
25 psi
Standard Master Stream Operating Pressure Guidelines
*Pressure and flows for stated diameter smooth bore nozzles.
NOZZLE TIP
1¼
1 3/8
1½
1¾
2
F.
III.
FLOW (GPM)
400
500
600
800
1000
FRICTION LOSS
80 psi
80 psi
80 psi
80 psi
80 psi
Standard Pumper Hose Loads
1.
For large diameter hose – Flat Load
2.
For 2 ½” Supply -- Flat Load
3.
For all preconnect handlines – Skid Load
Guidelines for setting up aerial ladder pipe operation
Section C Chapter 3
Page 16
The incident commander determines aerial location and use. Driver spots aerial
ladder position, locks brake, and engage hydraulic pump. Rear wheels are
chocked front and rear before lowering hydraulic stabilizers. Extend ladder to
permit man to attach ladder pipe to tip of ladder. Fly rope is attached to ears of
ladder pipe to control operation. After ladder pipe and 3” supply are connected
ladder is raised into position while feeding 3” line into ladder bed. Ladder pipe and
3” supply hose are to lie in upper side of ladder bed. Siamese used to feed 3”
supply line shall be fed by at least two 2 ½” lines. A third backup 2 ½” feed line
shall be attached as soon as possible. When possible operate aerial ladder
parallel to the frame of the apparatus.

bainbridge department of public safety

Transcription

Similar documents

FM-Web

Chief of Police Daniel L. Joling Lieutenant Terry

Mercedes-Benz 280 SE 3.5 Cabriolet (W111)

Selling and Demonstrating In

Print - Brabus

Mercedes-Benz 280 SL Pagode (W113)

Mercedes-Benz 280 SL Pagode (W 113)

Mercedes-Benz SLR McLaren Coupé

Print - Brabus

Transformers RID Masterpiece Starscream Instructions