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Chapter 1 - Law Enforcement Role and Authority

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Chapter 1 - Law Enforcement Role and Authority Vancouver Police Department Vancouver PD Policy Manual Chapter 1 - Law Enforcement Role and Authority Copyright Lexipol, LLC 2020/09/16, All Rights Reserved. Law Enforcement Role and Authority - 9 Published with permission by Vancouver Police Department Policy Vancouver Police Department 100 Vancouver PD Policy Manual Law Enforcement Authority 100.1 PURPOSE AND SCOPE Law enforcement officers are granted the authority to perform their function based on established legal authority. This Department does not tolerate abuse of law enforcement authority. 100.1.1 DEPARTMENT AUTHORITY The Vancouver Police Department is responsible for law enforcement services in the City of Vancouver. Chief of Police The Vancouver Chief of Police is appointed following the City of Vancouver Municipal Code. The Chief is empowered to assign officers to exercise law enforcement powers and enforce state laws and city ordinances. The Chief also defines the rank and duties of officers, makes promotional appointments, and may take disciplinary action up to and including removing employees for cause. Accountability and Responsibility The City of Vancouver is ultimately responsible for the performance of the Department. However, authority is empowered to each employee through, or by the virtue of, their commission, position, and/or rank. Employees are responsible for the use of this authority given to them by the laws of the State of Washington and ordinances of the City of Vancouver. Authority and responsibility may be delegated. However, the ultimate responsibility remains with the delegating authority. Any employee who delegates responsibility will assure that commensurate authority will accompany the responsibility. Responsibility becomes shared due to delegation yet employees are held accountable for their individual actions. All employees who have had authority delegated to them will be held answerable for the use of authority and likewise be held accountable for the failure to use it. This will be measured through the performance evaluation process. Supervisors will be held accountable for the performance of the employees under their immediate supervision. Although supervisors may delegate the actual performance of a given task, supervisors cannot rid themselves of the responsibility or accountability for the accomplishment of assigned tasks. 100.2 PEACE OFFICER POWERS Sworn members of this Department shall be considered peace officers as defined by RCW 9A.04.110(13) and RCW 9A.04.110(15). The authority of any such peace officer to make an arrest without a warrant is enumerated in RCW 10.31.100, and includes: (a) When the peace officer has probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. Copyright Lexipol, LLC 2020/09/16, All Rights Reserved. Law Enforcement Authority - 10 Published with permission by Vancouver Police Department Vancouver Police Department Vancouver PD Policy Manual Law Enforcement Authority (b) A peace officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of an officer, except as provided in RCW 10.31.100, subsections (1) through (11). 100.2.1 OTHER AUTHORITY Sworn members of this department who enter the state of Oregon in order to provide or attempt to provide law enforcement assistance have Oregon peace officer authority within 50 miles of the Washington-Oregon border under the following circumstances (ORS 133.405): (a) In response to a request for law enforcement assistance initiated by an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police. (b) In response to a reasonable belief that emergency law enforcement assistance is necessary to preserve life and circumstances make it impractical for Oregon law enforcement officials to formally request assistance. (c) For the purpose of assisting Oregon law enforcement officials with emergency assistance in response to criminal activity, traffic accidents, emergency incidents or other similar public safety situations, an Oregon law enforcement official is present at the scene of the incident. Vancouver Police Department officers have no authority to enforce Oregon traffic or motor vehicle laws. Whenever practicable, officers should seek permission from a department supervisor before entering Oregon to provide law enforcement services. As soon as practicable, officers exercising law enforcement authority in Oregon shall submit any appropriate written reports concerning the incident to the Oregon agency having primary jurisdiction over the area in which the incident occurred. 100.2.2 DEPARTMENT JURISDICTION The Vancouver Police Department is the agency with primary territorial jurisdiction (RCW 10.93.020) within the Vancouver city limits and has the primary responsibility to conduct all police activity within its borders as defined by federal, state, and local law. Concurrent Jurisdiction The City of Vancouver is a city of crossroads. It has interstate highways and state and county roads that cross city boundaries. Direct enforcement actions may be taken by Vancouver Police, Clark County Sheriff, the Washington State Patrol, and federal law enforcement agencies. A limited number of other agencies are given authority by the Chief of Police to act in a full or limited law enforcement capacity within the City. Chiefs and Sheriffs from other jurisdictions have also given consent to Vancouver Officers to exercise law enforcement authority in their jurisdictions. A list of these agencies receiving consent from Vancouver and giving consent to Vancouver is maintained by the Police Legal Advisor. Original documents of consent are maintained in the office of the Police Legal Advisor. Copyright Lexipol, LLC 2020/09/16, All Rights Reserved. Law Enforcement Authority - 11 Published with permission by Vancouver Police Department Vancouver Police Department Vancouver PD Policy Manual Law Enforcement Authority Collisions on roads and streets within the corporate limits are investigated by the Vancouver Police Department unless it is an on-view situation by another agency. The exception to this applies to collisions on limited access highways including freeway on and off ramps to and from the stop bars. Collisions occurring within these areas are investigated by the Washington State Patrol. Questions Regarding Jurisdiction In any situation where a question arises concerning jurisdiction with another agency, the involved officer will make every effort to resolve the matter in the most professional manner possible. In situations where no agreeable solution is reached, a supervisor will review the situation for resolution. If the officer has any doubt as whether to take a report or not, in the interest of service to the public, the officer should take the report. 100.3 CONSTITUTIONAL REQUIREMENTS All employees shall observe and comply with every person’s clearly established rights under the United States and Washington Constitutions. Copyright Lexipol, LLC 2020/09/16, All Rights Reserved. Law Enforcement Authority - 12 Published with permission by Vancouver Police Department Policy Vancouver Police Department 101 Vancouver PD Policy Manual Mutual Aid 101.1 MUTUAL AID To provide emergency services when there is a depletion of Department resources, the Department has entered into Mutual Aid agreements with adjoining jurisdictions. The Department’s legal advisor maintains a list of all mutual aid agreements. Officers involved in any exercise of police authority outside the city of Vancouver are bound by Vancouver Police Department policies, procedures, and regulations that limit Department officers in their exercise of the authority given by the Washington Mutual Aid Peace Officer Powers Act. The Washington Mutual Aid Peace Officers Powers Act gives general authority to Washington Peace Officers who possess a certificate of basic law enforcement training or a certificate of equivalency authority to enforce state traffic or criminal laws throughout the state. 101.1.1 REQUESTING MUTUAL AID 1. In situations that require mutual aid assistance, any on-duty Vancouver Police supervisor may request assistance from a neighboring agency. 2. The request may be made either by direct contact with the agency or through CRESA. 3. Outside personnel responding to a Vancouver Police Department request will be requested to report to the Vancouver Police supervisor in charge of the incident (Incident Commander). 4. Maintaining radio communications between Vancouver Police and other responding agencies will be coordinated by CRESA. 5. If enforcement action is taken, the Vancouver Police supervisor will ensure appropriate documentation and reporting of the names and agencies of officers that responded to a mutual aid request. Before the end of the shift in which aid was received, the supervisor shall report the mutual aid incident through the chain of command. The Vancouver Police supervisor will ensure police reports are completed prior to the end of the shift, or other specified time, documenting the actions taken by responding agency officers or deputies. 101.1.2 RESPONDING TO A MUTUAL AID REQUEST 1. No officer shall respond outside the City of Vancouver to a request for mutual aid by another law enforcement agency without first being authorized by the on-duty Vancouver Police supervisor. 2. The supervisor shall designate how many (if any) units will be sent to provide mutual aid. 3. A supervisor
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