hayden policepolicy
TRANSCRIPT
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HAYDEN POLICE DEPARTMENT
DIRECTIVE
HAYDEN POLICE DEPARTMENT
HAYDEN, ARIZONA
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HAYDEN POLICE DEPARTMENT
DIRECTIVE
Hayden Police Department601 Hayden Avenue
Hayden, Arizona 85135Telephone: (520) 356-6205
Fax: (520) 356-7039
To: Hayden Police employees
From: Chief Eric A. Duthie Date: January 26, 2001
Re: Policies
Effective immediately the following deletions are made to the Hayden
Police Department policy manual:
1-1 Legal references;
1-5 Definitions;
2-2 / 2-6 Organization and function;
3-6 / 3-8 Management rules and regulations;
3-8 / 3-10 Critical situation/deployment;
4-1 Management rules and procedures;
5-1 Field training program;
The following policies, already existing in the policy manual, supersede
and replace the deleted policies. This memo formalizes the existing
practice since the implementation of each policy revision:
96-01 Domestic violence intervention;
96-02 Court issued orders of protection;
96-04 Use of force;
96-05 Operation of police vehicles;
97-01 Search and seizure;
97-02 Crime scene investigations;97-03 Employee performance evaluations;
97-04 Personal performance records;
97-05 Employee personnel files;
97-06 Department property;
97-07 Care and use of department vehicles;
97-08 Organization purpose;
97-09 Budget and fiscal process;
97-10 Employee promotion.
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HAYDEN POLICE DEPARTMENT
DIRECTIVE
SUBJECT: Domestic Violence Intervention PolicyNumber: 96-01EFFECTIVE DATE: August 29, 1996REVIEW DATE:AMENDS / SUPERSEDES / ADDS:APPROVED: Eric A. Duthie, Chief of Police
NOTE:This rule or regulation is for the internal use only and does not enlarge
the officer's civil or criminal liability in any way. It should not be
construed as the creation of a higher standard of safety or care in an
evidentiary sense, with respect to third party claims. Violations of this
directive, if proven, can only form the basis of a complaint by this
Department, and then only in a non-judicial administrative setting.
Policy
The primary objectives in responding to domestic violence calls are to de-
escalate violent situations, to prevent officer injury, to reduce repeatcalls, to enforce the law against violators and to facilitate prosecution,
where applicable. Therefore, it is the policy of the Hayden Police
Department to refer victims of domestic violence to appropriate
professional agencies for counseling, and to arrest persons found to be
responsible for crimes in domestic situations.
Definitions
DOMESTIC VIOLENCE - Specific criminal acts, as set out in Arizona RevisedStatutes 13-3601, committed between persons of the opposite sex residing or
having resided in the same household, or persons who have not lived
together but have a child in common or are expecting a child, or personsrelated to one another by blood or marriage if they are related to the
defendant in one of the following categories: Spouse, former spouse,
parent, child, brother, sister, grandparent, grandchild.
RESIDE IN THE SAME HOUSEHOLD - For purposes of this policy, to reside inthe same household means to dwell permanently or continuously for a period
of time within a place, during which time a person also engages in day-to-
day normal living activities; i. e., eating, sleeping, etc.
ACTS - are any of the following: Assault and aggravated assault as defined in A.R.S. 131203 and 13-
1204.
Child or vulnerable adult abuse, as defined in A.R.S. 133623.
Criminal Damage as defined in A.R.S. 13-1602.
Custodial interference as defined in A.R.S. 13-1302.
Dangerous crimes against children as defined in A.R.S. 13-604.01
Disorderly conduct as defined in A.R.S. 13-2904.A.1, 132904.A.2,
A.R.S. 13-2904.A.3, or 13-2904.A.6.
Endangerment as defined in A.R.S. 13-1201.
Unlawful imprisonment as defined in A.R.S. 13-1303.
Kidnapping as defined in A.R.S. 13-1304.
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HAYDEN POLICE DEPARTMENT
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Criminal Trespass as defined in A.R.S. 13-1502, 13-1503, or 13-1504.
Threatening and intimidating as defined in A.R.S. 13-1202.
Officer Responsibilities
Officers shall:
Arrest in all cases of domestic violence if probable cause has been
shown that an offense has been committed and the suspect committed the
offense, whether or not the offense was committed in the officers'
presence. The arrest will also occur regardless of the victim's
prosecutorial cooperation, or lack thereof.
Book and incarcerate all misdemeanor arrests at an appropriate
Detention facility. If circumstances indicate incarceration would not
be in the best interest of the Department (such as a suspect with a
life threatening medical condition which would pose a significant risk
of liability to the Department), officers may consult with an
available magistrate and HAYDEN POLICE DEPARTMENT POLICY 96-01:
DOMESTIC VIOLENCE Pg.3 recommend release from custody withoutincarceration. However, justification for non-incarceration must be
documented in the offense report.
Book and incarcerate all felony arrests at an appropriate detention
facility. Felony domestic violence suspects are not eligible for
release until an appearance before a magistrate. Under no
circumstances will the felony suspect be released at the request of
the Department.
Arrest for criminal damage when the property involved is community
property or is owned solely by the complainant. In cases involving
community property, both parties must admit that the damaged propertyis community property, or other elements of probable cause must exist
before the suspect may be booked. If the suspect claims to be the sole
owner of the damaged property and other elements of probable cause are
absent, officers will submit an offense report and no arrest will be
made for the property damage.
NOTE: The victim may be allowed to make a citizen's arrest.
Give a Victims' Rights Pamphlet to all victims or potential victims of
domestic violence.
Prepare an Offense Report documenting the details of the offense and
the arrest.
The Offense Report
The Offense Report title for domestic violence violations shall describe
the appropriate act (assault, disorderly conduct, kidnap, etc.) Indicate in
the first paragraph of the narrative of the Offense Report that the crime
occurred in a domestic violence situation. Document that the participants
involved share a relationship in one of the listed categories:
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HAYDEN POLICE DEPARTMENT
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Husband and wife, or
Former husband and wife, or
Male and female residing in the same household, or
Male and female who formerly resided in the same household, or
Male and female who have a child in common or are expecting a child
(document how the officer obtained knowledge of this relationship),or
Blood relative.
The report will detail the elements of the crime and document all
witnesses, victims, evidence, and other information related to the offense.
The Offense Report will not contain the criminal history of suspects booked
for this offense, but will be attached as a separate document that the
prosecutor may review and recommend appropriate sentencing and/or treatment
for the offender. The criminal history shall be clearly marked as a
criminal history document and a warning will be recorded on the document
regarding the confidentiality of criminal records.
Arrest Slip
List the specific criminal act committed in the charging block. Write
"Domestic violence,, in Parenthesis next to the charge.
Release of Suspect
The Arizona Traffic Ticket and Complaint cannot be issued as a release
document for a domestic violence violation. The Ticket and Complaint may
only serve as a formal charging document for misdemeanor offenses under
this title.
An individual arrested for a domestic violence violations may however be
released from custody in accordance with the rules of criminal procedure orother applicable statute, but release from custody may only be authorized
by a recognized magistrate.
Order of Protection
This is a court order issued pursuant to ARS 13-3602 which seeks to
prohibit a specific person from committing an act of domestic violence and
may prohibit the person's presence at a residence, place of employment,
etc. The order may also grant exclusive use of the residence to the
plaintiff. The order is good for six months and can be renewed.
A petition to file an Order of Protection may be obtained from
any magistrate and jurisdiction does not depend on the location of the
plaintiff or defendant.
Officers handling a situation involving an Order of Protection shall:
Verify that the Order is valid, has not expired, and was properly
served upon the restrained party. If verification of service is not
available, the officer(s) shall advise the named party that a valid
order is in force, and state its conditions to the restrained party.
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After notification of the Orders' conditions, and when the named party
refuses to comply, Officers shall arrest the restrained party.
Arrest violators of the Order when probable cause exists that the
order has been served; e.g., suspect admits to service, victim has a
certified copy of the affidavit of service of the order, service is
verified by the magistrates office, etc.
Arrest violators even if the victim does not desire prosecution. When
probable cause exists, an arrest will be made even if a misdemeanor
offense did not occur in the officer's presence.
Book the arrested violator. The Arizona Traffic Ticket and Complaint
cannot serve as a release document. The Ticket and Complaint may only
serve as a formal charging document for misdemeanor offenses under
this title.
Complete an Offense Report on all violations. The Offense Report shall
contain a verbatim listing of the conditions on the Order of
Protection, its number, and the expiration date.
The victim may be allowed to make a citizen's arrest.
Violators of Orders of Protection shall be charged with "Interference withJudicial Proceedings," ARS 13-2810. In addition, all felony and misdemeanor
violations will be listed in the charging blocks of the arrest slip.
Emergency Order of Protection
The Emergency Order of Protection is a special issuance order authorized by
A.R.S. 13-3602 which expedites the legal process and provides a binding
Court Order to any party involved in a domestic violence incident.
The Emergency Order of Protection may be issued by any police officer who
shall be referred to as the "Affiant". The issuing officer shall:
Serve the Emergency Order upon involved parties prior to leaving thescene and advising all parties of the duration and restrictions
applicable to the Emergency Order.
Advise the requesting party that the Emergency order is valid until
1200 hours of the next work day of the Court of jurisdiction. Should
the requesting party not appear at the Court and request a formal
Order of Protection be issued, the Emergency Order will be vacated and
declared null and void at 1200 hours.
File the Emergency Order with the Court at first available
opportunity, but no later than the next work morning for the Court of
jurisdiction.
File a copy of the Emergency Order with the Offense report.
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HAYDEN POLICE DEPARTMENT
DIRECTIVE
SUBJECT: Court Issued Orders of ProtectionNUMBER: 96-02EFFECTIVE DATE: July 23, 1996REVIEW DATE:AMENDS/SUPERSEDES/ADDS:APPROVED: Eric A. Duthie, CHIEF OF POLICE
NOTE:
This rule or regulation is for the internal use only and does not enlarge
the officer's civil or criminal liability in any way. It should not be
construed as the creation of a higher standard of safety or care in an
evidentiary sense, with respect to third party claims. Violations of this
directive, if proven, can only form the basis of a complaint by this
Department, and then only in a non-judicial administrative setting.
Policy
The Hayden Magistrate Court has been granted funding for fee waiversrelated to domestic violence O/P petitioners. It is the intent of this
program to increase availability of the court process for victims in
domestic violence cases. Through this availability it is anticipated that
domestic violence situations will be resolved in a more effective manner.
The Department shall comply with the request of the Magistrate Court in
advising victims of the fee waiver program.
Procedure
Any Town of Hayden resident who is a victim of domestic violence and
desires to obtain an Order of Protection shall be referred to the Hayden
Magistrate Court.
The victim shall be issued a victim rights form which must be presented to
the Magistrate Court at the time an Order of Protection is requested. The
fees will then be waived.
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HAYDEN POLICE DEPARTMENT
DIRECTIVE
SUBJECT: USE OF FORCENUMBER: 96-04EFFECTIVE DATE: November 12, 1996REVIEW DATE:AMENDS/SUPERCEDES/ADDS:APPROVED: Eric A. Duthie, Chief of Police
NOTE:
This rule or regulation is for internal use only and does not enlarge the
officer's civil or criminal liability in any way. It should not be
construed as the creation of a higher standard of safety or care in an
evidentiary sense, with respect to third party claims. Violations of this
directive, if proven, can only form the basis of a complaint by this
Department, and then only in a non-judicial administrative setting.
USE OF FORCE POLICY
The Hayden Police Department recognizes and respects the value and
integrity of human life. While investing police officers with the lawful
authority to use force in protecting the public welfare, a careful
balancing of human interests is required. Therefore, it is the policy of
the Hayden Police Department that employees use only that force that is
reasonably necessary to effectively bring an incident under control, while
protecting the lives of the officer or another.
DEFINITIONS
Deadly Force: Any use of force that is likely to cause death or
serious bodily harm.
Non-Deadly Force: Any use of force upon or directed toward the body ofanother person but not including deadly force.
Excessive Force: Force is excessive when its application isinappropriate to the circumstances. Each situation must be evaluated
according to particular circumstances. However, courts have set forth
four considerations in determining whether force was excessive:
Need for the application of force.
Relationship between the need and the amount of force that was
used.
Extent of injury inflicted.
Whether the force was applied in a good faith effort to maintain
and restore order or maliciously, to cause harm.
Reasonable Belief:
Facts and circumstances the officer knows, or should know, would cause
a prudent person to act or think in a similar way under similar
circumstances.
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Serious Physical Injury:
A physical injury which creates a substantial risk of death or which
causes serious or protracted disfigurement, or impairment of the
function of any body organ or limb.
LEVEL OF FORCE
The type and degree of force which may be used to overcome resistance,
prevent escape or control persons who are in custody shall be
restricted to only that which is reasonable or necessary. The
principle by which force is judged is the minimum force necessary to
accomplish a legitimate police objective. The officer must assess each
situation to determine the type and degree of force required. Short of
physical force, there are a variety of methods by which an officer can
influence an uncooperative subject.
PROGRESSION OF FORCE
Employees will consider and, if possible, employ a progression of
force. The progression of force may not be possible under all
circumstances; however, employees will use only the level of force
reasonably necessary to arrest or control a subject.
Level 1 - Presence: An officer's presence through identification and
authority establishes control of the situation.
Level 2 -Persuasion: Accomplished through the officer's appearance at
the situation and through the officer's dialogue with a subject,
resulting in the officer controlling the subject.
Level 3 - Compliance: Accomplished by the officer's use of approved
physical restraints, including restraining hold, taught at an approved
training academy or defensive tactics class, to gain control of the
subject. Compliance level force has minimal chance of injury and
include the following:
o Wrist Locks;
o Joint Locks;
o Pressure Points;
o Handcuffing.
Level 4 - Chemical Agents: The Department approved chemical agent is a
tool that provides means by which officers may defend themselves or
others from injury, by controlling an offender when facing resistance
in the form of active physical aggression or resistance or aggravated
active physical aggression or resistance.
Level 5 - Hard-Empty Hand Techniques: These techniques have a
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HAYDEN POLICE DEPARTMENT
DIRECTIVE
probability of injury and should be avoided unless all lesser means of
defensive tactics and procedures have been attempted, or are not
possible or reasonable, to prevent injury to the officer and the
subject(s) involved. Hard empty-hand techniques include punches, kicks
and strikes. Employees shall not purposely strike suspects in the face
or head, except in deadly force situations, due to the high
probability of injury.
Level 6 - Police Baton: As with chemical agents, the Department
approved police baton is a tool that can provide means by which
officers may defend themselves or others from injury, by controlling
an offender when facing resistance in the form of active physical
aggression or resistance or aggravated active physical aggression or
resistance. The baton may be used if empty-hand control techniques
have failed or are not possible under the circumstances. Passive
resistance, such as a prisoner's refusal to enter a police vehicle or
holding room, let go of a railing, etc., is not sufficient in itself
to justify the use of baton strikes. When the use of the baton is
warranted, officer shall attempt to strike the suspect's arms or legs.
Employees will not purposely strike or jab suspects on the head, neck,sternum, spine, lower abdomen, groin or kidneys unless faced with a
deadly force situation.
Level 7 - Deadly Force: Officers of the Hayden Police Department are
authorized to fire their weapons or use deadly force in order to:
o Protect the officer or others from believed to be an immediate
threat bodily harm; or,
o Prevent the escape of a fleeing fe has probable cause to
believe will threat to human life should escape what is
reasonably of death or serious Lon whom the officer pose asignificant occur.
PARAMETERS FOR USE OF NON-DEADLY FORCE
Where deadly force is not authorized, officers shall assess the incident
and determine which non-deadly technique or weapon will best de-escalate
the incident and bring it under control in a safe manner.
Officers of the Hayden Police Department are authorized to use department
approved non-deadly force techniques and issued equipment for resolution of
incidents, as follows:
To protect themselves or another from physical harm; or,
To restrain or subdue a resistant individual; or,
To bring an unlawful situation safely and effectively under control.
NON-DEADLY FORCE WEAPONS
Officers shall not be permitted to use non-deadly weapons unless qualified
in its proficient use as determined by training procedures.
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HAYDEN POLICE DEPARTMENT
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The following non-deadly weapons are authorized;
Police Batons- The Department approved impact weapons are the PR-24,
side handle baton and the Expandable baton.
TRAINING REQUIRED
An officer is not permitted to carry or use any non-deadly weapon
unless qualified in its proficient use as determined by approved
training procedures.
Officers of the Hayden Police Department are authorized to fire their
weapons or use deadly force in order to:
Protect the officer or others from what is reasonably believed to be
an immediate threat of death or serious bodily harm; or,
Prevent the escape of a fleeing felon whom the officer has probable
cause to believe will pose a significant threat to human life should
escape occur.
Before using a firearm, officers shall identify themselves and state their
intent to shoot, where feasible.
RESTRICTIONS ON EXHIBITING A WEAPON
Officers of the Hayden Police Department shall adhere to the following
restrictions when their weapon is exhibited:
Except for maintenance or during training, officers shall not draw or
exhibit their firearm unless circumstances create reasonable cause to
believe that it may be necessary to use the weapon in conformance withthis policy.
Warning shots are prohibited.
Officers shall not fire their weapons at or from a moving vehicle.
Firearms shall not be discharged when it appears likely that an
innocent person may be injured.
DOCUMENTATION OF USE OF FORCE
A written report shall be required in the following circumstances:
When a firearm is discharged outside of the firing range.
When a use of force results in death or injury.
When a non-lethal weapon is used on a person.
A supervisor shall immediately be summoned to the scene and shall comply
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with investigative procedures as required by the Department in the
following situations:
When a firearm is discharged outside of the firing range.
When a use of force results in death or serious injury.
When a subject complains that an injury has been inflicted.
DEPARTMENTAL RESPONSE
Where an officer's use of force causes death, the officer shall be
placed on administrative leave after completing all internal
investigative requirements, and until it is determined by a mental
health professional that the employee is ready to return to duty. The
Department shall insure that both an administrative and criminal
investigation of the incident is conducted.
ADMINISTRATIVE REVIEW OF CRITICAL INCIDENTS
All reported uses of force shall be reviewed to determine whether:
Departmental rules, policy or procedures were violated;
The relevant policy was clearly understandable and effective to cover
the situation;
Department training is currently adequate.
All use of force incident reports shall be retained as required by
state law.
There shall be a regular review of use of force incidents to ascertain
policy and training needs.
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HAYDEN POLICE DEPARTMENT
DIRECTIVE
SUBJECT: OPERATION OF POLICE VEHICLESNUMBER: 96-05EFFECTIVEDATE: November 13, 1996REVIEWDATE:AMENDS/SUPERCEDES/ADDS:APPROVED: Eric A. Duthie, Chief of Police
NOTE:This rule or regulation is for internal use only and does not enlarge the
officer's civil or criminal liability in any way. It should not be
construed as the creation of a higher standard of safety or care in an
evidentiary sense, with respect to third party claims. Violations of this
directive, if proven, can only form the basis of a complaint by this
Department, and then only in a non-judicial administrative setting.
POLICY
Very few issues in policing are more volatile or subject to more intensescrutiny by citizens, news media, administrators and courts than the
operation of police vehicles, particularly during pursuit or emergency
operations. It is an issue which deserves the same degree of attention as
deadly force.
All personnel operating department vehicles shall exercise due regard for
the safety of all persons. No task, call, or incident justifies disregard
for public safety. Further, the public expects its police officers to
demonstrate exemplary driving behavior. All department personnel who
operate police vehicles will comply with safe driving procedures outlined
herein with particular attention to responding to calls for service or
engaging in pursuits. Emergency warning devices shall be minimally used,consistent with both legal requirements and the safety of the public and
police personnel.
Definitions
Normal or routine driving: That driving which dictates vehicle speedconsistent with the normal flow of traffic, obedience to vehicle laws
and posted signs, adherence to commonly understood "rules of the road"
and courtesy.
Pursuit driving: That driving concerned with the pursuit andapprehension of a violator or violators in a motor vehicle, consistent
with the provisions of Arizona Revised Statutes 28-624. Pursuits are
conducted using emergency equipment.
Emergency driving: That driving in response to a life-threatening orother serious incident (based on available information) which requires
emergency equipment in operation. Arizona Revised Statutes 28-624
govern emergency responses.
Emergency equipment: Flickering, blinking, or alternating emergency
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lights and a siren, whistle or air horn designed to give intermittent
signals automatically.
Procedures
General:All departmental vehicles shall be driven safely and properly in full
compliance with all traffic laws and regulations. Police vehicles are
conspicuous symbols of authority on the streets and the actions of
police drivers are observed by many. Each police driver must set an
example of good driving behavior and habits.
Under certain emergencies as defined by this policy, ARIZONA REVISED
STATUTES authorizes disregard of traffic regulations; however, neither
the operator nor the department is released from civil liability for
failure to use reasonable care in such operation. Improper driving can
cost each police driver, personally, civil damages while inflicting
harm or injury to the driver, other law enforcement personnel, other
citizens or causing property damage, and damaging the image of the
department and law enforcement generally.
Routine Operation:Vehicles used in routine or general patrol service shall be those that
are conspicuously marked. Conspicuous marking increases safety, serves
as a warning to potential violators, and provides citizens with a
feeling of security.
Unmarked cars shall NOT be used for pursuit, but may be used for
patrol. They may be used to stop vehicles provided they are equipped
with appropriate emergency lights.
Standard lighting equipment on marked vehicles includes hazardouswarning lights and spotlights. Hazardous warning lights should be used
at any time a police vehicle is parked where other moving vehicles may
be endangered. Spotlights may be used when the vehicle is stationary
or moving at speeds not to exceed 15 miles per hour and shall not be
used in a manner which will blind or interfere with the vision of
operators of other approaching vehicles, Arizona Revised Statutes 28-
624. Seat belts and shoulder straps shall be worn by all police
personnel or ride-along during vehicle operation. Prisoners shall be
strapped in with seat belts whenever possible. The only exception is:
o At approach to any scene of an incident or service call where
the police officer believes a rapid departure from the vehicle
may be required, the officer may release the seat belt. Seat
belts will, however, be worn any time the vehicle is being
operated under emergency conditions.
Driving rules
o No officer or employee shall operate any police vehicle which
he believes to be unsafe.
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o The driver shall exercise careful observation of surrounding
conditions before turning or backing any vehicle.
o A police vehicle shall not be left unattended with its engine
in operation.
o The driver must recognize the variable factors of weather, road
surface conditions, road contour, and traffic congestion, all
of which directly affect the safe operation of any motor
vehicle, and shall govern the operation of the vehicle in
accordance with these factors.
o The nature of certain crimes in progress may call for the use
of the siren to be discontinued upon close approach to the
location of the occurrence, and although such action is
permitted by authority of this order, police vehicle operations
under these conditions require extreme caution.
o Emergency driving to the scene of a motor vehicle accident is
permissible ONLY when an emergency exists, or when specificinformation indicates that conditions at the scene require the
immediate presence of an officer.
o Upon approaching a controlled intersection or other location
where there is great possibility of collision, the driver who
is responding under emergency conditions shall reduce the speed
of his vehicle and control it to avoid collision with another
vehicle or pedestrian, stopping completely, if necessary,
before entering and traversing the intersection. When faced
with a red traffic signal or stop sign, the officer shall stop
his vehicle and assure by careful observation that the way is
clear before proceeding through the intersection.
o Regardless of the seriousness of the situation to which he is
responding, and excepting circumstances that are clearly beyond
his control, the operator of a police vehicle shall be held
accountable for the manner in which he operates his vehicle.
o At the scene of a crime, a motor vehicle crash, or other police
incident, a police vehicle shall be parked in such manner so as
to not create a hazard to other traffic. The emergency lights
and four-way flashing lights should always be used to warn
other drivers approaching the location.
o The driver should lower one front door window far enough to
hear other sirens and traffic warning signals.
o Operators of police vehicles must bear in mind that traffic
regulations requiring other vehicles to yield the right of way
to any emergency vehicle do not relieve the emergency vehicle
operator from the duty to drive with due regard for the safety
of all persons using the highways, nor shall they protect the
driver from the consequences of an arbitrary exercise of such
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right of way (ARS 28-624).
Emergency Driving:
GeneralNo fixed rule can apply to every circumstance that may arise governing
emergency driving. Although an officer may receive information that
leads him to respond to a call with emergency lights and siren
activated, in the majority of such cases an officer discovers, upon
arrival, that an emergency response was not justified. The department,
however, imposes on the officer the restriction of driving no faster
that 20 miles per hour above the posted speed limit in an emergency
response (excluding pursuits).
Arizona Revised Statutes 28-624. D. states "The provisions of this
section do not relieve the driver of an authorized emergency vehicle
from the duty to drive with due regard for the safety of all persons
nor do these provisions protect the driver from the consequences of
his reckless disregard for the safety of others".
Recognizing that protection of human life is paramount, the responding
officer must remember the objective is to get to the location of the
occurrence as soon as possible--safely-without endangering himself or
others.
Response CodesCalls for service are classified as Code 2 or 3 depending on
circumstances. The codes are defined as follows:
o Code 2: Units responding to Code 2 calls shall respond to the
location without delay by the most direct route, complying with
all traffic regulations and shall NOT use emergency warningdevices. This designation is to provide the officer with
verification of the serious, but not life-threatening nature of
the call.
o Code 3: Units responding to Code 3 calls as the primary and
back-up units shall respond rapidly to the location of the
emergency, by most direct means, using all emergency warning
devices with a paramount consideration for the safety of the
public and the assigned officers.
Dispatcher Assignments
The dispatcher shall assign Code 3 classification to those calls for police
service which indicate a felony in progress or where the violator is armed,
and all other requests alleging an implied or immediate threat to the
safety of a person. Examples of Code 3 calls (but not all inclusive) are:
o Police officer (or station) needs URGENT help.
o There is imminent danger to a citizen and the immediate
presence of a police officer might save lives.
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o Injury accident.
o Riot or large disturbance with fighting or injuries or damages
occurring.
o In a felony situation where there is reliable, direct
information regarding "in progress".
o Upon receipt of a request for law enforcement service which
necessitates the dispatch of a police unit, the dispatcher
receiving the request shall determine sufficient facts to set
the priority of the response.
The dispatcher shall obtain information about:
o Whether the perpetrator is still on the scene, or armed;
o Condition of the victim:
o Direction and method of travel of any fleeing suspects;
o Description of any fleeing vehicles.
When sufficient information concerning a request for service has been
obtained, the dispatcher shall classify the complaint either Code 2 or
Code 3. Any doubt as to the character of the request shall be resolved
in the presumption that an emergency exists and Code 3 assigned to the
call.
Officers response to call
Upon arrival at the scene of a call, the responding officer should
rapidly evaluate the situation and determine whether additional units
are still needed or whether other units responding Code 3 can be
slowed or canceled.
All units responding to robbery-and burglary-in-progress calls, before
coming within hearing distance, shall discontinue the use of the siren
and at that time fully comply with all traffic laws. Before coming
within sight of the location, officers shall discontinue the use of
the emergency warning lights.
In situations requiring silent response, e.g., alarm response, prowler
calls, officers will respond as rapidly as possible, obeying all
traffic laws and signs.
When, in the opinion of the officer, an emergency is imminent or
exists, or that activation of emergency warning devices is necessary
to protect life or render the necessary police service, the department
authorizes an emergency response.
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Examples include:
o At the scene of any incident where the use of emergency lights
constitutes a necessary warning for the safety of life (such as
scenes of fires, accidents or disasters).
o As a visual signal to attract the attention of motorists
stopped for traffic violations, or to warn motorists of
imminent dangers.
o Responding to a non-Code 3 call, where the officer has previous
or additional information which, had the dispatcher known it,
would have resulted in the call being dispatched as Code 3. The
officer shall advise the dispatcher of the additional
information upon activation of the Code 3 operation.
o Where because of location, distance to be traveled, or traffic
conditions, the officer determines that emergency operating
conditions are essential in order to provide an appropriatepolice response.
o In response to an officer emergency request for assistance.
o For pursuit of fleeing vehicles.
Pursuits
Primary Responsibilities:The officer's primary responsibility in a pursuit is the safe
operation of the vehicle.
Justification for Pursuit:An officer may pursue a vehicle only when he has probable cause to
believe the violator has committed or is attempting to commit a
serious felony (a felony involving the use or threatened use of
violence) or when the necessity of immediate apprehension in case of a
misdemeanor outweighs the level of danger created by the pursuit
(e.g., DUI, reckless driving).
Officer shall NOT pursue vehicles for minor traffic violations or
violations of town ordinances.
Considerations in Engaging in Pursuit:The officer who undertakes a pursuit does so at his or her discretion
taking into consideration the factors listed below.
o Does the seriousness of the crime warrant a chase at unsafe
speed?
o What is the possibility of apprehension?
o Will the pursuit take place on residential streets, a business
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district or freeway?
When a police officer begins pursuit of a fleeing vehicle, he must
remember that citizens using public highways do not expect their
travel to be interrupted by a high-speed chase or to become involved
in an accident as a consequence. Children playing on the side of the
street are likely to be drawn towards a police car with the siren and
emergency light operating, rather that cautioned away from it.
Street and traffic conditions:Road conditions and lighting shall be considered in balancing the
pursuit's danger to the public against allowing a suspect to escape.
Officers Responsibilities:The officer shall notify the dispatcher of the pursuit, direction of
travel, description of the pursued vehicle, and location.
Officers shall not operate a vehicle at a rate of speed that may cause
loss of control. The department expects an officer to end his
involvement in pursuit whenever the risks to his own safety, or thesafety of others, outweighs the danger to the community if the suspect
is not apprehended.
Intersections are a particular source of danger. Officers, when
approaching an intersection where signal lights or stop signs control
the flow of traffic, should:
o Decelerate and be prepared to yield the right-of-way.
o Enter the intersection only when safe, all cross vehicles are
aware of the officer's presence, and at a reduced speed.
o Resume pursuit speed only when safe. When using emergency
light, siren and headlamps, the officer is requesting the right
of way and DOES NOT ABSOLUTELY HAVE the right to run a red
traffic light or stop sign.
Back-up Responsibilities:The first back-up unit to respond shall assist the primary officer in
making the arrest. He or she will also assume the responsibility of
updating the dispatcher with the location and direction of travel of
all vehicles involved, thereby allowing the primary officer to focus
attention on the pursuit driving.
Dispatcher Responsibilities: Advise all other units of the pursuit and the information given by the
pursuing officer. Assist in directing back-up units to strategic
locations.
Order the police radio cleared of all but emergency traffic.
Alert all other nearby law enforcement agencies of the pursuit and
information given by pursuing officer when continuing beyond the town
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limits.
Query MVD, ACIC and NCIC for license data and any warrants.
Rules of Pursuit: Officers shall not ram, bump, or collide with a fleeing vehicle nor
shall officers pull alongside such vehicles in an attempt to force
them off the road or into an obstacle.
Pursuits shall be limited to two police vehicles, a primary and a
secondary.
Officers shall not fire their weapons from a moving police vehicle.
Whenever the pursuit extends off roadway, as when the fleeing vehicle
leaves the roadway and proceeds cross-country, the pursuing officer(s)
must carefully consider whether or not the seriousness of the offense
outweighs the risk to his safety and the potential damage to the
police vehicle or private property. When the risks of pursuit exceed
the need to capture the offender, THE OFFICER MUST DISCONTINUEPURSUIT.
Should the person(s) attempting to avoid apprehension stop the fleeing
vehicle and proceed on foot, officer should stop, give his location,
and continue efforts to apprehend on foot. the back-up car, or second
police vehicle, should be dispatched in close proximity to offer
assistance.
A supervisor may direct that the pursuit be ended. If the pursuing
officer receives such an order to stop the pursuit, he shall do so
immediately and acknowledge the order. Also, the pursuing officer(s)
must end the pursuit if at any time during the course of the pursuithe loses extended sight of the fleeing vehicle.
ONLY in the case of suspected fleeing felons whose escape poses a
specific danger to life may officers set up a roadblock. The decision
to erect a roadblock may only be made by the Chief of Police or, in
his absence, the Sergeant.
A decision to erect a roadblock is a decision to use deadly force and
provisions of the Department Use of Force policy apply. The decision to
erect a roadblock must consider:
The safety of officers;
The risk of physical injury to the occupants of the pursued vehicle;
The protection of citizens and their property;.
Note: A roadblock must be clearly visible at a distance sufficient to
enable approaching vehicles to stop safely. The officer in charge of the
roadblock shall notify the dispatcher of its precise location. The
Department stresses that roadblocks constitute a last resort in stopping
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a fleeing violent felon.
Officers, when accompanied by civilian passengers, shall NOT pursue. If
a civilian is in the police vehicle at the beginning of a pursuit, that
officer will turn the pursuit over to another officer, or deposit the
civilian at an appropriate, safe location.
When the fleeing suspect is apprehended in another jurisdiction, the
pursuing officer shall take the arrested person before a judicial
officer of that jurisdiction. The officers shall then go before the
magistrate serving the town to obtain a warrant and ensure that a
teletype is sent through ACIC to take apprehending jurisdiction as soon
as possible, acting as a detainer.
When the fleeing suspect is apprehended within the county, the officer
shall take the arrested person before the nearest magistrate or justice
of the peace. The duty officer will confer with the other jurisdiction
to determine which jurisdiction will maintain custody of the suspect
based upon the seriousness of the charges and the likelihood of release
by respective magistrate.
When two vehicles are involved in pursuit, each unit shall maintain a
safe distance especially when passing through intersections. Each unit
involved in the pursuit shall use a different siren-sound selection.
In case of pursuit, should the violator enter a one-way street against
the flow of traffic, the pursuing officer shall NOT follow the violator
but instead transmit via radio detailed observations about the suspect
vehicle's location, speed, and direction of travel.
Abandoning Pursuit:
This policy has noted the necessity for a pursuing officer tocontinually evaluate the risks and goal of a pursuit. Under some
conditions, abandoning a pursuit may prove the most intelligent
decision the officer can make.
Officers may discontinue pursuit under the following circumstances:
o If, in the opinion of the pursuing officer or supervisor, the
pursuit creates a clear and unreasonable danger to the officers
and other motorists or pedestrians that outweighs the need for
immediate apprehension;
o The suspects have been identified and can be apprehended later;
o The prevailing traffic, roadway, and environmental conditions
render pursuit futile;
o The pursued vehicle outdistanced the officer, or its location
is not known;
o The pursuing officers know, or is reasonably certain that the
fleeing vehicle is operated by a juvenile and the offense
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constitutes a misdemeanor or non-violent felony (the pursuit
may stimulate the juvenile to recklessly disregard public
safety);
Note: Discontinuing a pursuit does not mean that the officer cannot
follow the vehicle at a safe speed, or remain in the area ready to
resume the pursuit if the opportunity presents and circumstances
warrant. Officers, when pursuing, should resist the temptation to get
into the violator's back seat--figuratively speaking-but instead
simply follow the violator and allow him or her to make the driving
mistakes.NO OFFICER CAN BE DISCIPLINED FOR DISCONTINUING A PURSUIT.
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SUBJECT: Search and SeizureNUMBER: 97-01EFFECTIVE DATE: March 1, 1997REVIEW DATE:AMENDS/SUPERSEDES/ADDS:APPROVED: Eric A. Duthie
NOTE:This rule or regulation is for the internal use only and does not enlarge
the officer's civil or criminal liability in any way. It should not be
construed as the creation of a higher standard of safety or care in an
evidentiary sense, with respect to third party claims. Violations of this
directive, if proven, can only form the basis of a complaint by this
Department, and then only in a non-judicial administrative setting.
Policy
The U.S. Constitution and the Bill of Rights guarantee every citizen
certain safeguards from government intrusion into their lives. Thesesafeguards have become the cornerstone for the application of criminal
justice in America. Consequently, these safeguards have placed
limitations on the authority of police to enforce the laws of the
nation, state and the Town of Hayden. The Department expects its
officers to act with due regard for citizens' civil liberties.
The purpose of this directive is to define the legally mandated
authority for the enforcement of laws, to establish procedures for
ensuring compliance with constitutional requirements during criminal
investigations, to set forth guidelines concerning the use of
discretion by officers, and to define the authority, guidelines and
circumstances when officers should exercise alternatives to arrestsand pretrial confinement.
The Fourth Amendment states that, "The right of the people to be
secure in their persons, houses, papers, and effects against
unreasonable searches and seizures, shall not be violated and no
Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched and
the persons or things to be seized".
Definitions
Affidavit:
In lieu of, or in addition to, a written affidavit, or
affidavits, the magistrate may take an oral statement under oath
which shall be recorded on tape, wire or other comparable
method. This statement may be given in person to the magistrate,
or by telephone, radio or other means of electronic
communication. This statement shall be deemed to be an affidavit
for the purposes of issuance of a search warrant. In such cases
if a recording of the sworn statement has been made, the
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magistrate shall direct that the statement be transcribed and
certified by the magistrate and filed with the court.
Close Pursuit:
Pursuit without unreasonable delay, which includes: Close
pursuit as defined by the common law;
Pursuit of a person who has committed a felony, or who is
reasonably suspected of having committed a felony;
Pursuit of a person suspected of having committed a supposed
felony, though no felony has actually been committed, if there
is reasonable ground for believing that a felony has been
committed;
Consent Searches:
A search warrant is not necessary where a person who has
authority or control over the thing or place searched consentsto the search. Note that the officer doesn't have to have
reasonable suspicion nor probable cause to make a consent
search. The officer may merely ask for permission from someone
with control over the premises. If that person grants permission
the search may take place. The sole justification for a consent
search is the existence of a voluntary consent.
Probable Cause:
An officer must have probable cause to undertake a search or
make an arrest. Probable cause exists where the facts and
circumstances within the arresting officer's knowledge and ofwhich the arresting officer had reasonable trustworthy
information are sufficient in themselves to warrant a man of
reasonable caution in the belief that an offense has been or is
being committed.
Probable cause to search and probable cause to arrest may arise
out of different sets of facts. In order to find probable cause
to arrest, there must be sufficient facts to show that a crime
has been or is being committed and that the person to be
arrested committed the crime.
Probable cause to search turns on facts tending to show that
particular items are connected with criminal activity and that
they will be found in a particular place. Based on probable
cause an officer may make an arrest or undertake a search.
No search warrant shall be issued except on probable cause,
supported by affidavit, naming or describing the person and
particularly describing the property to be seized and the place
to be searched.
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The affidavit or affidavits must set forth the facts tending to
establish the grounds of the application for the search warrant,
or probable cause for believing they exist.
Procurement Without Probable Cause:
A person who, with intent to harass and without probable cause,
causes a search warrant to be issued and executed, is guilty of
a Class II Misdemeanor. Any employee determined by this
department or a court of law to have caused a search warrant to
be issued and executed with intent to harass and without
probable cause will be subject to disciplinary action.
Reasonable Suspicion:
Reasonable suspicion involves a standard less than probable cause,
generally defined by the courts as circumstances or collection of
circumstances that would lead a trained, experienced officer to
believe that criminal activity may be afoot.
An officer must have reasonable suspicion to temporarily detain a
citizen. When an officer has reasonable suspicion, he or she may
undertake a pat-down of a suspect's outer clothing for weapons if
reasonable suspicion also exists that the suspect may be armed.
Search:
Police action is termed a search where (1) there is a "prying into
hidden places by the police officers" to which (2) the person whose
premises or person is being searched has a reasonable expectation of
privacy.
Search Warrant:
A search warrant is an order in writing issued in the name of the
State of Arizona, signed by a magistrate, directed to a peace officer,
commanding him to search for personal property, persons or items
described in the warrant.
Unlawful Seizure of Evidence:
Items of evidence seized in violation of the provision of the Fourth
Amendment will not be admitted in court and may be cause for a lost
criminal case.
Procedure
Grounds For Issuance of a Warrant:
A search warrant may be issued upon any of the following grounds:
When the property to be seized was stolen or embezzled;
When the property or things to be seized were used as a means of
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committing a public offense;
When the property or things to be seized are in the possession of a
person having the intent to use them as a means of committing a public
offense or in possession of another to whom he may have delivered it
for the purpose of concealing it or preventing it being discovered;
When property or things to be seized consists of any item or
constitutes any evidence which tends to show that a particular public
offense has been committed or tends to show that a particular person
has committed the public offense;
When the property is to be searched and inspected by an appropriate
official in the interests of the public health, safety or welfare, as
part of an inspection program authorized by law;
When the person sought is the subject of an outstanding arrest
warrant.
Service of Search Warrant:
A search warrant may be served by any peace officer but by no other
person except in aid of an officer engaging in such service. An
officer may break into a building, premises, or vehicle or any part
thereof, to execute the warrant when:
After notice of his authority and purpose, he receives no response
within a reasonable time;
After notice of his authority and purpose, he is refused admittance.
An officer executing a search warrant may seize any propertydiscovered in the course of the execution of such warrant if he has
reasonable cause to believe that such item is subject to seizure even
if such property is not enumerated in the warrant.
An officer executing a search warrant may make or cause to be made
photographs, measurements, impressions, or scientific tests.
An officer executing a search warrant directing a search of a premises
or a vehicle may search any person therein if:
It is reasonably necessary to protect himself or others from the
use of any weapon which may be concealed upon the person; or
It reasonably appears that the property or times enumerated in
the search warrant may be concealed upon the person.
Time of Service:
Upon a showing of good cause a magistrate may, in his discretion
insert a direction in the warrant that it may be served at any time of
the day or night. However, in the absence of such a direction, the
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warrant may be served only in the daytime. For purposed of this
section, night is defined as the period from 10:00 p.m. and 6:00 a.m.
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Warrant Return:
A search warrant shall be executed and returned to the issuing
magistrate within three court business days after issuance. Upon
expiration of that time the warrant, unless executed, is void. The
documents and records of the court relating to the search warrant need
not be opened to the public until the execution and return of the
warrant or the expiration of the five-day period after issuance.
Thereafter, if the warrant has been served, such documents and records
shall be opened to the public as a judicial record.
Warrant Inventory:
The officer shall return the warrant to the magistrate and at the same
time deliver to him a written inventory of the property taken.
Plain View:
A plain view seizure, is technically not a search. For a seizure of
property (contraband, fruits or instrumentalities of the crime), to belegally justified under the plain view doctrine the following elements
must all exist:
The officer, as a result of a prior valid intrusion into a
constitutionally protected area, must be in a position in which he or
she has a legal right to be;
The officer must not unreasonably intrude on any person's reasonable
expectation of privacy;
The officer must actually observe the item of property/evidence;
The item of property/evidence must by lying in the open;
It must be immediately apparent to the officer that the item observed
is evidence "subject to seizure";
The discovery of the item of property/evidence by the officer must be
inadvertent.
The officer may not move items, look inside or underneath or behind
them for serial number or other identifying marks. If such movement is
necessary, the officer(s) shall obtain a search warrant.
Abandoned Property And Open Fields:
A search warrant is not required for property that has been abandoned.
To constitute abandoned property, two conditions must apply:
The property was voluntarily abandoned;
The property was discarded outside the area in which someone has
a reasonable expectation of privacy.
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Open fields are not protected by the Fourth Amendment, but officers
must distinguish them from curtilage, which essentially is a yard
where private residences are concerned. Curtilage has no absolute
definition that officers can apply under all circumstances. The extent
of curtilage of a private residence, for instance, is determined by
whether the area is enclosed; the nature and use of the area; the
proximity of the area to the home; and any measures taken by the owner
to protect the area from observation.
Vehicles:
For purposes of this section, a motor vehicle is any vehicle operating
or capable of being operated on public streets or highways, from
trucks to automobiles to mobile homes. A vehicle that has been
immobilized in one location for use as a storage facility or home is
not a motor vehicle for Fourth Amendment purposes. Additionally, for
the purposes of this section, a search is an examination of a motor
vehicle with an investigative motive; that is to discover evidence or
to examine the vehicle identification number to ascertain ownership.
In recent years, the U. S. Supreme Court has modified and expanded the
conditions under which officers may search vehicles. Preferably,
officers shall search vehicles under the authority of a search warrant
whenever sufficient time exists to obtain one. Nevertheless,
warrantless searches of vehicles may take place under many conditions
and circumstances. It is imperative that officers understand the
different types of vehicle searches and their limitation.
When possible, searches of vehicles shall be conducted contemporaneous
with the stopping or discovery of the vehicle. As a general rule,
vehicle searches shall be conducted as soon as reasonably possible.When possible, officers shall avoid damaging a vehicle or its
contents, and shall minimize the intrusiveness of the search and any
r inconvenience suffered by the passengers or owner.
As vehicles may contain sharp or pointed objects, and perhaps even
syringes or other material with body fluids on them, officers shall
take precautions to minimize exposure to communicable diseases.
Inventory of Vehicles:
The Department requires officers to inventory any lawfully impounded
vehicle, or a vehicle removed from the street and placed in police
custody. Any evidence or contraband found during the inventory may be
used to formulate probable cause for a subsequent search or arrest.
Vehicles shall be inventoried per department procedures which require
an inventory of the entire contents, including closed containers
(provided they can be opened without breakage). The purpose of an
inventory is to ensure safekeeping of private property and to protect
the Department from liability. To justify an inventory of a vehicle:
The officer must have lawful custody of the vehicle;
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The inventory shall be conducted pursuant to departmental policy;
The scope of the inventory shall be limited to those parts of a
vehicle likely to conceal important or valuable items;
Closed container may be examined if they are likely to contain
valuable property;
The vehicle and its closed containers shall not be damaged.
Warrantless Searches of Vehicles:
Warrants shall be obtained to search vehicles, if feasible, unless an
emergency exists. Any vehicle that has been disabled with little
chance of its being driven away shall be searched with a warrant. In
all other cases, vehicles may be searched without a warrant:
When probable cause exists; or With the driver's consent; or
Incident to the arrest of the occupants; or
To frisk for weapons; or
When necessary to examine the VIN or to otherwise ascertain ownership;
or Under emergencies or exigent circumstances.
Limitations:
With a warrant, a search may extend anywhere within the vehicle,
unless limited by the warrant itself.
When probable causes exists, a search may extend anywhere within the
vehicle, unless the probable cause is limited to a specific part ofthe vehicle.
When consent has been obtained from the driver, officers may search
the vehicle subject to any limitations specified by the consenting
person. Consent shall be obtained in writing, if feasible.
Searches incident to the arrest of an occupant shall be limited to any
area within reach of the arrestee. The area within reach is deemed to
be the passenger compartment. The trunk, engine compartment, and any
locked compartments shall not be searched.
Frisks for weapons shall be confined to the passenger area. Any place
not immediately accessible to the occupants, such as a locked glove
compartment, shall not be frisked. If the contents of a container are
immediately accessible to the subject, a closed container may be
searched for weapons.
NOTE: An officer can order the suspect from the vehicle and frisk both
the suspect and the vehicle.
An entry into the vehicle to examine the VIN or otherwise determine
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ownership must be limited to those purposes.
An emergency search of the vehicle may be conducted but the extent of
the search must not exceed whatever is necessary to respond to the
emergency.
If the initial search under the above conditions gives rise to
probable cause that evidence, contraband, fruits, or instruments of
the crime might be found elsewhere in the vehicle, offices may search
those areas that might reasonably contain such items.
Containers:
In a probable cause search, containers may be opened wherever found in
the vehicle. When the passenger area is searched incident to an
arrest, containers within the passenger area may be opened.
During a consent search, containers may be opened provided that the
terms of the consent either so permit or reasonably imply permission.
Containers found in or discarded from a vehicle under circumstances
not amounting to probable cause or in connection with a search
incident to an arrest shall not be searched but shall be secured until
a warrant is obtained.
Locked containers shall be opened only under a warrant or with
consent.
Property
Seizure:
When an officer takes any property he shall give a detailed receipt tothe person from whom it was taken or in whose possessopm it was found.
If the property was not taken from a person, the officer shall leave
the receipt in the property.
Retention of Property Seized:
All property or things taken on a warrant shall be retained in the
custody of the seizing officer, subject to the order of the court in
which the warrant was issued, or any other court in which such
property or things is sought to be used in evidence.
Consent Searches:
Consent searches must observe the following rules:
Generally, the person granting consent must use, access, or control
the property;
If two people have joint ownership of the property, either may give
consent. If both are present, however, and either objects to the
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search, valid consent does not exist;
A landlord, including a hotel or motel manager, cannot consent to a
search of a tenant's premises, unless the tenant has been evicted or
has abandoned the property;
A husband or wife, or one member of a cohabiting unmarried couple, may
consent to a search of areas in common ownership or use;
A parent may consent to a search of premises occupied by a dependant
child;
An employee cannot give a valid consent to a search of his employer's
premises unless he has been left in custody of the premises;
An employer may generally consent to a search of premises used by
employees, except premises used solely by an employee (e.g., a
locker).
Consent must be given voluntarily. If an officer requests consent froma citizen under circumstances which a reasonable person would consider
coercive, then any consent given will not be considered voluntary and
the officers must seek a warrant. The officer may have the burden of
demonstrating a voluntary consent.
A person who initially gives consent may withdraw it at any time.
Officers shall then secure the premises and seek a warrant.
Search Without Warrant:
The Fourth Amendment guarantees the right of the people to be free
from unreasonable searches and seizures of their homes, persons andthings. The Supreme Court is continuously interpreting the Fourth
Amendment as it applies to police conduct. The Court has repeatedly
stated its preference for search warrants based upon probable cause as
the chief means of balancing the need for efficient and effective law
enforcement against the need to protect the right of individual
citizens to be secure against unreasonable searches and seizures.
The warrant procedure is preferred because it places responsibility
for deciding the delicate question of probable cause with a neutral
and detached judicial officer. Law enforcement is thereby served,
because law enforcement officers are enabled to search certain persons
or places and to seize certain persons or things when the officers can
show reasonable grounds that the person, place or thing is
significantly connected with criminal activity. The Fourth Amendments
rights of citizens are also served by the warrant procedure because
the decision to allow a search and seizure is removed from the sole
judgment of law enforcement officers engaged in the competitive
enterprise of investigating crime.
Nevertheless, situations may arise in which the time and effort needed
to obtain a search warrant would unjustifiably frustrate enforcement
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of the laws. In order to ensure that the delicate balance between
individual right and law enforcement is maintained, the courts have
carved out various exceptions to the search warrant requirement and
have allowed warrantless searches in certain situations. The following
exceptions have been recognized by the courts:
Search Incident to Arrest;
Consent Searches;
Emergency Searches;
Plain View;
Abandoned property and open fields;
Inventory searches of vehicles;
When executing arrest warrants;
Pat-downs of suspicious persons.
If officers enter premises with probable cause to believe that
critical evidence may be destroyed or removed unless immediate action
is taken, they may enter without a warrant, secure premises, and
obtain a search warrant before proceeding further unless they have
obtained consent to search, or some new circumstances arise
necessitating another warrantless search.
Exigent Searches:
A search warrant is not necessary in an emergency. An emergency is
sometimes termed "exigent circumstances". As a general rule, no arrestwarrant or search warrant is required for an arrest in a public place,
as long as probable cause exists.
Considerations in evaluating whether an emergency exists are:
The degree of urgency involved and the time required to get a
warrant;
The officer's reasonable belief that contraband is about to be
removed or destroyed;
The possibility of danger to others including officers left to
guard the site;
Information that the possessors of contraband know that police
are on their trail;
Whether the offense is serious, or involves violence;
Whether officers reasonably believe the suspects are armed;
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Whether the officers have probable cause;
Whether the officers have strong reason to believe the suspects
are present on the premises;
The likelihood that the suspects will escape;
The suspects entry onto premises after close pursuit.
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SUBJECT: Crime Scene InvestigationsNUMBER: 97-02EFFECTIVE DATE: June 1, 1997REVIEW DATE:AMENDS/SUPERSEDES/ADDS:APPROVED: Eric A. Duthie
NOTE:This rule or regulation is for internal use only and does not enlarge the
officer's civil or criminal liability in any way. It should not be
construed as the creation of a higher standard of safety or care in an
evidentiary sense, with respect to third party claims. Violations of this
directive, if proven, can only form the basis of a complaint by this
Department, and then only in a non-judicial administrative setting.
Policy
Crime scene for purposes of this policy is defined as any location at
which a suspected criminal offense has occurred. All crime scenes arethe same. They may run the gamut from the very simple to the extremely
complex but regardless of the simplicity or complexity of the crime
scene, the major goals of each crime scene investigation remain the
same. Those are:
The collection and preservation of physical evidence; The
reconstruction of the crime;
The identification of the suspect(s);
The linkage of the suspect(s) to the crime scene;
The establishment of probable cause to support arrest,
prosecution and conviction of the suspect(s).
Every crime scene has a story to tell. There are a number of important
steps involved in correctly and efficiently recording this crime scene
"story" so that the story can later be related to a jury in a
reasonable and convincing manner.
Basically there are three major avenues available to the investigator
to aid in the solution of a crime: confession of a suspect, statements
by victim and witnesses and/or information obtained through physical
evidence.
While confessions are of great value, they are subject to legal
difficulties in terms of procedural requirements and admissibility.
Confessions are extremely critically scrutinized by the courts.
Witness statements can be inherently unreliable, depending on the
person viewing the crime and the physical conditions surrounding the
viewing. The credibility of witnesses may be subject to attack on a
number or grounds, including poor character, mental capacity, ability
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to communicate, and prior arrests.
Physical evidence is normally inanimate and provides impartial
information. The presentation of physical evidence during a trial can
provide valuable assistance in proving the state's case. If used
effectively, physical evidence can be used to support a confession, to
confirm witness statements or overcome a series of conflicting and
confusing statements made by witnesses who observed the same incident.
An investigator should always attempt to obtain confessions and
witness statements as both are valuable evidence but he should not
pursue these to the exclusion of physical evidence. An investigator
should not fall into the trap of feeling that since a suspect has
confessed and/or witness statements exist, he does not need physical
evidence.
The greatest source of physical evidence is usually the scene of the
crime. Crime scenes are dynamic situations, subject to rapid change or
alteration, therefore the investigator generally has only one
opportunity to recover the evidence.
While there is no perfect, unalterable set of rules which are
applicable to all instances that can arise in conjunction with a crime
scene investigation, there are certain fundamental guidelines which
may be utilized to guide any crime scene investigation.
This policy sets down the fundamental guidelines which shall guide the
investigator in the crime scene investigation efforts. Every effort
shall be made to thoroughly process every crime scene following the
principles outlined in this policy.
Procedure
The basic steps through which a crime scene normally progresses are as
follows:
o Approach to the scene;
o Secure and protect the scene;
o Preliminary examination of the scene. Plus prepare narrative
description;
o Photograph the scene;
o Sketch the scene;
o Evaluation of the evidence;
o Plus fingerprint evidence;
o Plus evaluate physical evidence;
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o Detailed search of the scene;
o Collection, recording, marking and preserving the evidence;
o Final examination of the scene;
o Release of scene;
Approach to the Scene.
Law enforcement personnel who are responding to a crime scene should
be alert for a variety of things which may be ultimately connected
with the investigation. People, vehicles, and objects observed by
responding officers may provide details concerning the crime and
person(s) responsible.
Secure and Protect the Scene.
To avoid contamination of the scene and provide the greatest
possibility of documenting the original condition of the scene, allpersonnel must give maximum effort to securing and protecting the
scene. This requires continuous attention throughout the crime scene
investigation and cannot be approached in a haphazard manner if
success is to be achieved.
"Securing the scene" and "protecting the scene" are actually two
separate but extremely interrelated duties. Before a crime scene can
be properly "protected", it must first be adequately "secured". In
order to secure the crime scene, the investigator must first establish
the perimeters of the scene. When the perimeter has been established
all possible efforts are exercised to prevent any disturbance to the
original condition of the scene. This requires that control bemaintained over all persons entering the immediate crime scene. Most
of the major problems which arise in court concerning the
admissibility of evidence and the contamination of the scene revolve
around the initial steps taken by police officer to insure that the
scene is properly protected.
Preliminary Examination.
The preliminary examination or preview is that stage of a crime scene
investigation in which the basic foundation for management,
organization and logistics is developed to suit the need of that
particular crime scene. The purposes of the preliminary examination,
include:
To establish administrative and emotional control;
To delineate the extent of the search area;
To organize the methods and procedures needed; To determine
manpower and equipment needs;
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To develop a general theory of the crime;
To identify and protect transient evidence;
To prepare a narrative description of the scene;
The preliminary examination begins when it is believed that the scene
has been thoroughly secured and protected. The preliminary examination
starts with an initial walk-through of the scene. This initial walk-
through is undertaken in order that the officer-in-charge has
understanding of the scene as a whole, including the existence and
location of readily observable items of possible value as evidence.
The initial walk-through should be accomplished by as few persons as
possible to insure that there are not numerous people operating in an
uncoordinated and undocumented manner.
The preliminary examination is the most important phase in conducting
a successful crime scene search. It involves the formulation of anorganized plan of action and prevents random physical activity which
could destroy valuable, relevant evidence.
Narrative Description.
A narrative description of the crime scene should be prepared during
the preliminary examination. The "narrative description" is a means of
documenting the original condition of the scene as found by
investigating personnel.
The "narrative description" will not have the preciseness developed
during the actual crime scene process through utilization of sketchesand photographs. It is simply a documentation of the scene as readily
observed by the naked eye.
The ultimate value of the "narrative description" is to show the jury
how the scene appeared to the officers who first arrived at the scene.
It is also a valuable tool in preparing case reports.
Photography.
Photography of a crime scene is a continuous process and must include
over-all, medium and close-up photographs to show the immediate scene,
the general scene location, as well as individual items of evidence.
The photographs should logically tell a story which can be pictorially
viewed and understood by a judge and jury.
To assist in this endeavor a photographic log shall be prepared. The
photographic log shall document the equipment used, personnel
involved, locations, and items photographed, general surrounding
conditions and other data which would influence the photographic
effort at the scene.
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The crime scene photographer must consider the legal aspects of
photography. He must take steps to establish that the photographs are:
Accurate representations of the scene; Free from distortion;
Material and relevant to the investigation; Un-prejudicial;
Properly taken crime scene photographs document:
The location of the crime scene;
The nature of the crime;
The results of the criminal action;
The physical evidence created by the criminal activity;
Crime Scene Sketch.
Crime scene photographs should be supplemented by a crime scenesketch. Distance relationships can be distorted and inaccurately
interpreted solely through the examination of photographs. A sketch
provides true distance relationships to complement and supplement the
crime scene photographs. The locations of all pertinent items of
evidence can be recorded on the sketch and provide an easily
understandable display for the jury.
Evaluation of Evidence.
The ultimate purpose of any crime scene search is the discovery of
physical evidence which will connect a suspect with the crime. Both
latent fingerprint and other forms of physical evidence present at acrime scene must be evaluated prior to attempts being made at evidence
collection. A careless dusting procedure for possible latent
fingerprints may contaminate or destroy transient evidence such as
hairs or fibers. Conversely, a poorly executed attempt to collect
hairs or fibers may result in the destruction of valuable fingerprint
evidence. Each case must be evaluated on its own merits to determine
the sequence in which evidence is to be collected.
In all cases the "possibilities" of all types of physical evidence
must be explored and the detailed search must proceed based on this
evaluation.
Detailed Search.
Once a systematic evaluation of the evidence has been accomplished, a
detailed search based on the realities of the situation can be
undertaken. This stage of the crime scene investigation will reveal
the maximum evidence potential of the scene.
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Collection, Recording, Marking, Preserving, Evidence.
The success or failure of the efforts during this stage of the
investigation depends on the planning and organization done in the
earlier states.
If an organized and methodical approach has been fostered by careful
attention to detail, the intensive search which follows will have the
greatest potential for success.
Final Review.
The purpose of the final review of the crime scene is to review all
circumstances from the beginning of the crime scene investigation.
All elements of the crime scene must be reviewed. The critical
question to be answered is, "Has the crime scene investigation effort
considered all possibilities of telling the story of this crime
scene?"
A thorough, objective final review may prevent important evidence from
being missed, critical photographs from being neglected or obvious
facts from being overlooked.
Release of the Scene.
Upon completion of the final review there must be a decision to
release the scene. The decision should be formal, official and leave
no room for misinterpretation. The authority for this decision shall
rest with the person in charge of the crime scene investigation.
Crime Scene Documents.
The following documents shall be utilized in recording the steps taken
during the various stages of processing a crime scene.
Administrative Log:
The administrative log shall be used to document all major
events, times, and movements relating to the crime scene
investigation.
Preliminary Review:
The preliminary review sheet shall be used to Document the
initial and continuous management and administrative steps
which are taken to insure that an organized investigation
is accomplished.
Narrative Description:
The narrative description shall be used to document the
general appearance of the scene as first observed extreme
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detail regarding evidence, or actual collection of
evidence, is normally beyond the scope of the narrative
description.
Photographic Log:
The photographic log shall be used to document the
photographs taken during the investigation.
Crime Scene Diagram/Sketch:
The Crime scene diagram/sketch shall document the physical
evidence. Locations, as well as measurements showing size
and distance relationships in the crime scene area shall be
documented on the sketch.
Evidence Recovery Log:
The evidence recovery log shall document the recognition,
collection, marking of physical evidence for administrativeand chain of custody purposes.
Chain of Custody:
The chain of custody shall document the collection and
handling of evidence. Provides a tool for establishing the
trail of evidence from discovery to presentation in court.
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SUBJECT: Employee Performance EvaluationNUMBER: 97- 03EFFECTIVE DATE: September 1, 1997REVIEW DATE:AMENDS/SUPERSEDES/ADDS:APPROVED: Eric A. Duthie, CHIEF OF POLICE
NOTE:This rule or regulation is for internal use onl