Olmos Park Police Department Policies & Procedures Manual

Law Enforcement Policies & Procedures

Olmos Police Department

Olmos Park Police Department Law Enforcement Policies & Procedures with Associated Forms

TABLE OF CONTENTS

1. Introduction:

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

2. Mission & Objectives:

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

3. Ethics, Standards & Service Quality:

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

4. Personnel Performance Standards:

4.01 RESERVED 4.02 Accident or Injury of Employee 4.03 Fitness for Duty 4.04 Appearance & Grooming

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4.05 Workplace Harassment 4.06 Drug-Free Workplace Program 4.07 Training & Proficiency Testing 4.08 Firearms Training & Proficiency Demonstration 4.09 Field Training & Evaluation Program 4.10 Insubordination 4.11 Court Appearance 4.12 Employee & Confidential Records 4.13 Uniforms 4.14 Light Duty Assignments 4.15 Electronic Media Security 4.16 Social Media 4.17 Discipline & Accountability 4.18 Employee Grievance Procedures 4.19 Off-Duty Conduct 4.20 Off-Duty or Secondary Employment – Shared Management 4.21 Personal Communications or Electronic Media Devices 4.22 Multi-Agency Task Force Participation

5. Operations:

5.01 Patrol Functions & Tactics 5.02 Community Relations 5.03 Media Relations 5.04 Radio Procedures 5.05 RESERVED 5.06 Civil Rights & Constitutional Warnings 5.07 Racial & Bias Profiling 5.08 Robbery or Alarm Response 5.09 Disabled Persons 5.10 Search Warrants 5.11 Search of Motor Vehicles a. 5.11b-1 Search of Motor Vehicle - Consent to Search Form 5.12 Interviews & Searches 5.13 Arrest Procedures 5.14 Evidence Collection, Control, & Storage a. 5.14b-1 Evidence Form 5.15 Report Writing 5.16 Sex Offender Registration 5.17 Death or Serious Injury Notification 5.18 Officer Involved Deadly Force Event 5.19 Blood Borne Pathogens & Other Infectious Diseases 5.20 Ebola & Other Infectious Virus Diseases 5.21 Delirious or Drug Induced Subject Response 5.22 Mentally Ill Persons 5.23 Intoxicated & Mentally Impaired Drivers

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5.24 RESERVED 5.25 Juvenile Procedures 5.26 RESERVED 5.27 RESERVED 5.28 RESERVED 5.29 Bicycle Patrol 5.30 RESERVED 5.31 Traffic Stops & Enforcement 5.32 Highway Incident Traffic Control 5.33 Motor Vehicle Accident Investigation 5.34 Transporting Arrested Persons 5.35 Emergency Vehicle Operations 5.36 Vehicular Pursuit - Prohibitive 5.37 Ride Along a. 5.37b-1 Ride Along Program Application Form 5.38 Vehicle Maintenance a. 5.38b-1 Vehicle Maintenance Form 5.39 Vehicle Use & Accident Prevention 5.40 RESERVED 5.41 Vehicle Seizure, Removal, Towing & Storage 5.42 Volunteer Program

6. Use of Force:

6.01 Use of Force & Deadly Force 6.02 Chemical Agent – Oleoresin Capsicum (OC) 6.03 RESERVED 6.04 Special Munitions – Less Than Lethal 6.05 Knives & Edged Weapons 6.06 Active Shooter 6.07 Hostage or Barricaded Suspect 6.08 Electronic Control Device 6.09 Rifles & Shotguns 6.10 Body Armor

7. Civil & Emergency Response:

7.01 Fire Scene 7.02 Emergency Management & Incident Command System a. 7.02b-1 Emergency Management – Handling a Crisis Attachment 7.03 Emergency Call-Out Procedure 7.04 Demonstrations Civil Disturbances & Crowd Management 7.05 Strikes & Labor Disputes 7.06 Bombs & Weapons of Mass Destruction [WMD] a. 7.06b-1 Bombs & WMD Call Questionnaire - Attachment I b. 7.06c-2 Bombs & Mass Destruction - Attachment II

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

8. Investigations:

8.01 Criminal Investigations 8.02 Crime, Accident & Incident Scenes 8.03 Child Abuse Investigations 8.04 Criminal Investigator Support to Prosecution 8.05 Eyewitness Validation & Lineups a. 8.05b-1 Lineup Viewing Form b. 8.05c-2 Field Identification Form 8.06 Identity Crimes a. 8.06b-1 FTC Instructions for ID Theft Affidavit - Attachment I b. 8.06c-2 FTC ID Theft Affidavit - Attachment I c. 8.06d-3 IRS ID Theft Affidavit - Attachment I 8.07 RESERVED 8.08 Missing Persons Investigations a. 8.08b-1 Missing Persons Investigations Form 8.09 Domestic Abuse Investigations 8.10 Covert & Undercover Investigations 8.11 Covert Electronic Recording a. 8.11b-1 Covert Electronic Recording – Consent to Search Form 8.12 Overt Electronic Recording [1-Party State] 8.13 Overt Electronic Recording [2-Party State] 8.14 Video & Audio Vehicle Recordings 8.15 Video Recorders – Body Worn 8.16 Polygraph & Voice Stress Analyzer Interviews 8.17 Internal Compliance Enforcement [ICE] b. 8.17b-1 Internal Compliance Enforcement [ICE] - Garrity Rights Form

9. Lockup:

9.01 Lockup & Intake of Detainees a. RESERVED 9.02 RESERVED 9.03 RESERVED a. RESERVED 9.04 Bail Bonds

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Olmos Park Police Department Law Enforcement Policies & Procedures with Associated Forms

TABLE OF CONTENTS – ALPHABETICAL

Policy Title, Policy Number

Abuse of Position, 3.05 Accident or Injury of Employee, 4.02 Active Shooter, 6.06 Aircraft Incident or Accident, 7.09 Appearance & Grooming, 4.04 Arrest Procedures, 5.13 Bail Bonds, 9.04 Bicycle Patrol, 5.29 Blood Borne Pathogens & Other Infectious Diseases, 5.19 Body Armor, 6.10 Bombs & Mass Destruction - Attachment II, 7.06c-2 Bombs & Weapons of Mass Destruction [WMD], 7.06 Bombs & WMD Call Questionnaire - Attachment I, 7.06b-1 Canons of Law Enforcement Ethics, 3.01 Chemical Agent - Oleoresin Capsicum (OC), 6.02 Child Abuse Investigations, 8.03 Civil Litigation, 3.10 Civil Rights & Constitutional Warnings, 5.06 Community Relations, 5.02 Corruption Prevention, 3.06 Court Appearance, 4.11 Covert & Undercover Investigations, 8.10 Covert Electronic Recording, 8.11 Covert Electronic Recording - Consent to Search Form, 8.11b-1 Crime, Accident & Incident Scenes, 8.02 Criminal Investigations, 8.01 Criminal Investigator Support to Prosecution, 8.04 Critical Incident Reporting, 3.08 Death or Serious Injury Notification, 5.17 Delegation of Authority, 2.04 Delirious or Drug Induced Subject Response, 5.21 Demonstrations Civil Disturbances & Crowd Management, 7.04 Disabled Persons, 5.09 Discipline & Accountability, 4.17 Domestic Abuse Investigations, 8.09 Drug-Free Workplace Program, 4.06 Ebola & Other Infectious Virus Diseases, 5.20 Electronic Control Device, 6.08 Electronic Media Security, 4.15 Emergency Call-Out Procedure, 7.03

Page 1 of 3 Emergency Management - Handling a Crisis Attachment, 7.02b-1 Emergency Management & Incident Command System, 7.02 Emergency Vehicle Operations, 5.35 Employee & Confidential Records, 4.12 Employee Grievance Procedures, 4.18 Employee Selection & Placement, 3.07 Evidence Collection, Control, & Storage, 5.14 Evidence Form, 5.14b-1 Eyewitness Validation & Lineups, 8.05 Field Identification Form, 8.05c-2 Field Training & Evaluation Program, 4.09 Fire Scene, 7.01 Firearms Training & Proficiency Demonstration, 4.08 Fitness for Duty, 4.03 FTC ID Theft Affidavit - Attachment I, 8.06c-2 FTC Instructions for ID Theft Affidavit - Attachment I, 8.06b-1 General Orders, 3.02 Glossary of Terms, 1.00 Haz-Mat Incident, 7.10 Highway Incident Traffic Control, 5.32 Hostage or Barricaded Suspect, 6.07 How to Use This Manual, 1.04 Identity Crimes, 8.06 Insubordination, 4.10 Internal Compliance Enforcement [ICE], 8.17 Internal Compliance Enforcement [ICE] - Garrity Rights Form, 8.17b-1 Interviews & Searches, 5.12 Intoxicated & Mentally Impaired Drivers, 5.23 IRS ID Theft Affidavit - Attachment I, 8.06d-3 Jurisdiction & Authority, 2.07 Juvenile Procedures, 5.25 Knives & Edged Weapons, 6.05 Letter from Agency Head, 1.01 Light Duty Assignments, 4.14 Lines of Communication, 2.06 Lineup Viewing Form, 8.05b-1 Lockup & Intake of Detainees, 9.01 Management Philosophy & Goals, 2.03 Media Relations, 5.03 Mentally Ill Persons, 5.22 Missing Persons Investigations, 8.08 Missing Persons Investigations Form, 8.08b-1 Mission Statement, 2.01 Motor Vehicle Accident Investigation, 5.33 Multi-Agency Task Force Participation, 4.22 Mutual Aid & Inter-local Agreements, 7.11 Oath of Office, 2.08 Objective Statements, 2.02

Page 2 of 3 Off-Duty Conduct, 4.19 Off-Duty or Secondary Employment - Shared Management, 4.20 Officer Involved Deadly Force Event, 5.18 Orders & Instructions, 2.05 Overt Electronic Recording [1-Party State], 8.12 Overt Electronic Recording [2-Party State], 8.13 Patrol Functions & Tactics, 5.01 Personal Communications or Electronic Media Devices, 4.21 Policy & Procedure Management System, 1.03 Polygraph & Voice Stress Analyzer Interviews, 8.16 Professional Conduct, 3.03 Quality Assurance, 3.09 Racial & Bias Profiling, 5.07 Radio Procedures, 5.04 Receipt for Policies & Procedures Manual, 1.02 Report Writing, 5.15 Request for Review or Comment, 1.05 Ride Along, 5.37 Ride Along Program Application Form, 5.37b-1 Rifles & Shotguns, 6.09 Robbery or Alarm Response, 5.08 Rules of Conduct, 3.04 Search of Motor Vehicle - Consent to Search Form, 5.11b-1 Search of Motor Vehicles, 5.11 Search Warrants, 5.10 Severe Weather, 7.08 Sex Offender Registration, 5.16 Social Media, 4.16 Special Munitions - Less Than Lethal, 6.04 Special Weapons & Tactics (SWAT), 5.29 Strikes & Labor Disputes, 7.05 Suggestion Form, 1.06 Take Home Vehicle Program, 5.39 Traffic Stops & Enforcement, 5.31 Training & Proficiency Testing, 4.07 Transporting Arrested Persons, 5.34 Uniforms, 4.13 Use of Force & Deadly Force, 6.01 Vehicle Maintenance, 5.38 Vehicle Maintenance Form, 5.38b-1 Vehicle Seizure, Removal, Towing & Storage, 5.41 Vehicle Use & Accident Prevention, 5.39 Vehicular Pursuit - Prohibitive, 5.36 Video & Audio Vehicle Recordings, 8.14 Video Recorders - Body Worn, 8.15 VIP Protection, 7.07 Volunteer Program, 5.42 Workplace Harassment, 4.05

Page 3 of 3 INTRODUCTION

Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Glossary of Terms Policy Number: 1.00

Issue Date: Revision Date:

Approval Authority Title and Signature:

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

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

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

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

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

 Active Shooter - An active shooter is an armed person who has used deadly physical force on other persons and continues to do so while having potential access to additional victims.

1Michigan's eavesdropping statute seems to put it into the 2-party category, but the courts have ruled that in Michigan, a party may record their own conversation without the consent of any other parties but cannot grant that right to a third party. There are certain exceptions to these rules, so check these rules. RESTRICTED LAW ENFORCEMENT DATA This data is proprietary and will not be duplicated, disclosed, or discussed, without the written permission of this agency. Data subject to this restriction is contained throughout this publication.

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

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

 crashes occur due to no advance warning.

 Amber Alert2 - Program is a voluntary partnership between law-enforcement agencies, broadcasters, transportation agencies, and the wireless industry, to activate an urgent bulletin in the most serious child-abduction cases. The goal of an Amber Alert is to instantly galvanize the entire community to assist in the search for and the safe recovery of the child. Requirements for activation vary by state.

 Assigned Investigator - Primary officer responsible for investigating an alleged crime.

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

 Authorized emergency vehicle - A vehicle of this agency equipped with operable emergency equipment as designated by state law, including a siren and emergency signaling lights.

 Authorized Weapon - A weapon approved by the agency and sanctioned for use by its employees. No weapon is authorized for carry or use unless the agency expressly approves it and the employee has demonstrated proficiency with the weapon type in accordance with agency guidelines.

 Auxiliary Weapons of Availability - An employee may become separated from their agency issued firearm or other authorized weapons. Should this occur, the employee might have access to a weapon of opportunity, including but not limited to a flash light, citation holder, handcuffs, tools, lumber, or any object that could be used as a weapon in the defense of self or another.

 Barricaded Subject - Any individual who is reasonably believed to be a threat to commit serious bodily injury or death to hostages, officers or others in the community and who is in a stronghold position.

 Baton or Expandable Baton - An impact weapon capable of inflicting bodily injury by striking with a portion of the weapon. Only batons authorized by the

2 http://www.amberalert.gov/ RESTRICTED COMMUNICATIONS CENTER DATA This data is proprietary and will not be duplicated, disclosed, or discussed, without the written permission of this agency. Data subject to this restriction is contained throughout this publication.

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

agency are carried or used. Carrying or using saps, billy clubs, or slapjacks is prohibited.

 Blind Administrator - An administrator who does not know the identity of the suspect or suspect's position in a lineup.

 Blind Manner - Presentation of a photographic lineup by either a blind administrator or a blinded administrator.

 Blinded Administrator - Administrator who may know the identity of the suspect, but does not know the suspect's position in the photographic lineup.

 Bloodborne Pathogens - Pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV).

 Block - Positioning fire apparatus, police vehicle, wrecker, or other vehicle on an angle to the lanes of traffic thereby creating a physical barrier between upstream traffic and the work area.

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

 Blogging - To read, write or edit a shared online journal. Blogging can also encompass the act of commenting - and engaging with other commenters - on any blog, including one operated by a third party.

 Bodily Fluids - Blood, semen and vaginal fluids or other secretions that might contain these fluids such as saliva, vomit, urine, or feces.

 Body Adornment - The act or practice of placing foreign objects under the skin for the purpose of creating a design, form, figure or art.

 Body Cavity Search - A strip search that involves probing the mouth, anus, and genitals of the individual for weapons, contraband, or concealed evidence.

 Body Worn Video Recorder (BWVR) - A video and audio camera that is worn on an employee’s body in plain view.

 Bomb - An explosive device that generates and releases its energy very rapidly. The explosion creates a violent, destructive shock wave. Bombs cause RESTRICTED COMMUNICATIONS CENTER DATA This data is proprietary and will not be duplicated, disclosed, or discussed, without the written permission of this agency. Data subject to this restriction is contained throughout this publication.

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

destruction and injury to objects and living things within the blast radius by the crushing action of the shockwave (pressure) and by mechanical impact of fragments, including shards of the bomb casing (often called shrapnel) or objects from the surrounding area propelled by the blast. In addition, bombs have been known to kill by the sound of the blast, by the sound waves causing pressure on the body in such a way that may wound and/or kill a human. Bombs have been used for centuries in both conventional and unconventional warfare. Most bombs do not contain more energy than ordinary fuel, except in the case of a nuclear weapon.

 Brady List - Named for the 1963 U.S. Supreme Court case Brady vs. Maryland 373 U.S. 83 (1963), which found that a defendant’s right to due process is violated if a prosecutor withholds certain exculpatory evidence from the accused’s lawyer. This exculpatory evidence may include information about prior activities of case involved officers that call into question an officer’s honesty and integrity. Documented activity may include allegations of prior lying, intentionally misleading or inaccurate reports, disciplinary actions, or other activity.

 Branding - The act of intentionally burning the skin for the purpose of creating a design, form, figure, or art.

 Buffer Zone - Space between moving vehicular traffic and personnel in the work zone.

 Call Taker - The employee(s), either civilian telecommunications personnel or law enforcement officer(s), who are qualified, by virtue of training or experience, to answer the 911 emergency telephone calls and further manage the calls based on circumstances surrounding each emergency.

 Caustics - Materials that are able to burn or corrode persons or objects by chemical reaction.

 Certification with Weapon - Officer has demonstrated proficiency with a particular weapon, and been tested in its safe care and use. The officer is thereby authorized to carry and use this weapon in the performance of his/her official duties regardless of whether the officer is on-duty or off-duty. Without such certification, the officer may not carry or use this or a similar weapon.

 Chain of Command - A system whereby authority passes down from the top through a series of leadership positions or ranks in which each is accountable to the one directly superior.

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

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

 Chain of Evidence - Sometimes referred to as chain of custody. The continuity of the custody of physical evidence from the time of original collection to final disposal, as may be introduced in a judicial proceeding.

 Chemical Agent - Chemical agents are divided into lethal and incapacitating categories. A substance is classified as incapacitating if less than 1/100 of the lethal dose causes incapacitation, e.g., through nausea or visual problems. The distinction between lethal and incapacitating substances is not fixed, but relies on a statistical average called the LD50.

 Chemical Weapon - Weapons capable of temporarily incapacitating a person through the controlled release of some chemical irritant or agent.

 Child Abuse - Any situation in which: o Parents, guardians, or other responsible adults have inflicted physical, mental, or sexual abuse upon a child; o A child has been exploited for sexual purposes through prostitution or pornography; o A child has been subjected to reckless endangerment that has or would likely cause physical or mental harm; or o A child has been subjected to emotional assault such as a close, sustained confinement.

 Child Neglect - Any situation in which parents, guardians, or other responsible adults have failed to provide: o For the physical needs of the child to include food, clothing, and shelter and that caused or would likely cause serious physical injury, sickness, or disability; o Medical care to treat or prevent serious physical injury, illness, or emotional disability; or o Emotional nurturing and stimulation that has or could likely cause emotional injury over time.

 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.

 Civil Law - The law of civil or private rights is also known as a tort law. In the case of civil lawsuits brought against employees, officers, or administrators, or the governmental entity. Plaintiffs may ask the court to: o Award money damages to be paid by officer(s), employee(s) administrator(s), or Olmos Park, or

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

o Force the agency to make changes in the way it operates by granting an injunction or entering into a consent decree [agreement to change].

 Clearance - Act of removing wreckage, debris, or other impediments that disrupt the normal flow of traffic, and restoring the roadway capacity to its pre- incident condition.

 Cold Range - Firing range where all weapons, magazines, clips, or speed loaders are unloaded at all times, except on the verbal command of a range master, firearms instructor, or safety officer. There are no exceptions. This is a very effective method of control for basic shooters, and prior to commencement of any live fire exercise.

 Commenting - The act of creating and posting a response to a blog post, news article, social media entry or other social networking post. Commenting can also entail the act of posting an original composition to an unrelated post or article.

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

 Computer Aided Dispatch [CAD] - All enhanced 911 emergency telephone calls received are aided by computer. The computer automatically displays an address from where the call originated and the telephone number from which the call is being made onto the computer monitor. The automatic display of the address is referred to as the “ALI” (automatic location indicator). The automatic display of the telephone number is referred to as the “ANI” (automatic number indicator).

 Conflict of Interest - A situation for which a person may have more than one specific self-interest in the outcome.

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

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

 Corruption - Acts involving the misuse of authority by police officers in a manner designed to produce personal gain for the officer or others.

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

 Covert Operation - An operation that is so planned and executed as to conceal the identity of the investigators, or law enforcement involvement, of or permit plausible denial by the sponsor.

 Criminal Investigator – A broad term that covers several professions in law enforcement that may be involved in the criminal investigative process. In our agency a criminal investigator is any officer, employee, or specialist that is assigned to conduct part or all of an investigation, and may include patrol personnel, detectives, staff support crime scene investigators, laboratory specialists, or supporting experts.

 Cross Dresser – Act of wearing clothing and other accoutrement commonly associated with the opposite sex within a particular environment. Cross- dressing may be used for disguise, deception, personal choice, or reflect a mental condition. Also refer to Transvestism.

 Deadly Force - Action, with or without the use of a weapon, intended to cause death or serious bodily injury; or, the use of any object in a manner intended to cause death or serious bodily injury.

 Debriefing - The presenting of all pertinent information for a formal report.

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

 Demonstration - The act of showing or making evident.

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

 Demonstration of Proficiency - The student or officer demonstrates to the satisfaction of the instructor the successful ability to carry out or accomplish the learning objective in the time and manner prescribed. In firearms training, a proficiency demonstration is not limited to just a score on target. The shooter is to be able to explain the task, and repeatedly perform the task safely and efficiently in the time and under the conditions imposed.

 Digital Body Cavity [DBC] Search - A search of a individual’s body cavities or orifices by personally touching the person by hand or instrument. DBC examinations, except in exigent circumstance are performed by trained medical personnel.

 Direct Supervision - Officer Performance that is conducted in the presence of another superior officer who has overall control of the scene, task, or duty. Direct supervision cannot be performed over an electronic device such as a radio, telephone, television system, or after the fact.

 Disability - A physical or mental impairment that substantially limits one or more of the major life activities of an individual, a record of such impairment, or being regarded as having such an impairment.  Discoverable - Discovery is the pre-trial phase in a criminal case or lawsuit in which each party through the laws of procedure can request documents and other evidence from other parties and can compel the production of evidence by using a subpoena (criminal and civil) or through other discovery devices, such as requests for production of documents, and depositions (civil). In other words, discovery includes (1) interrogatories [questions posed in writing]; (2) motions or requests for production of documents; (3) requests for admissions; and (4) depositions [verbal questions and answers] (items 1-4 are generally associated with civil case).

 Discovery - The judicial process for compelling production of written records, oral depositions, or other evidence for use in civil and/or criminal litigation.

 Distracted Driving - Operating a motor vehicle while engaged in other activities, including using a cell phone, texting, eating, or reading. These activities take the driver’s attention away from the road. There are three types of distractions that may occur while driving, visual, manual, and cognitive. All compromise the safety of the driver, passengers, bystanders, and other individuals on the road. Visual distraction is taking one's eyes off the road; manual distraction is taking one's hands off the wheel, and cognitive distraction occurs when an individual takes their mind off the basic task of driving.

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

 Domestic Abuse - Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily harm, bodily injury or assault between family or household members; or criminal sexual conduct between family or household members, whether minors or adults. Sometimes referred to as family violence, domestic violence, spousal abuse, wife abuse, husband abuse, family abuse, and/or child abuse. Victims of domestic abuse may be adult or child, male or female.

 Downstream - The direction traffic moves as it travels away from the incident.

 DUI - Driving Under the Influence of a mind-altering chemical, most notably drugs or alcohol. The impairment may be due to the consumption of legal or illegal substances. As a practical matter, from state to state, and jurisdiction to jurisdiction DUI is interchangeable with DWI.

 DWI - Driving while Intoxicated, or under the influence of a mind-altering chemical, most notably drugs or alcohol. The impairment may be due to the consumption of legal or illegal substances. As a practical matter, from state to state, and jurisdiction to jurisdiction DWI is interchangeable with DUI.

 Ebola virus disease (Ebola) - Rare and deadly viral illness which is reportable to the National Notifiable Disease Surveillance System (NNDSS) in all U.S. states and territories. Early recognition of Ebola is critical for infection control. Health-care providers should be alert for and evaluate any patients suspected of having Ebola.

 Economy of Force - The principle of employing available resources in the most effective way possible, in an attempt to allocate a minimum of essential manpower and equipment to any secondary efforts. This allows for the judicious employment and distribution of resources towards the primary objectives of the agency. No part of an agency’s team should ever be left without purpose.

 Edged Weapon - Any blade for cutting, as in a tool or machine.

 Education - To draw out, facilitating realization of self-potential and latent talents of an individual. Education encompasses teaching and learning specific skills, and also something less tangible but more profound: the imparting of knowledge, positive judgment, and well-developed wisdom.

 Electronic Control Device [ECD] – A non-deadly or defense weapon designed to stop an attack; subdue fleeing, belligerent, or potentially dangerous subjects; or stop a perceived threat of suicide or self-inflicted injury. The device used may be hand-held, shoulder fired munitions, or a hand discharged device. In most

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

configurations such devices are an electroshock weapon that uses electrical current to disrupt voluntary control of muscles. Sometimes called an electronic stun device in general. Also often referred to as a TASER™ due to this manufacturer’s high profile presence in the market.

 Electronic Media - Are media that use electronics or electromechanical energy for the end user (recipient or audience) to access the content. This is in contrast to static media such as print media, which are most often created electronically but don't require electronics to be accessed by the end user in the printed form. The primary Electronic Media sources familiar to the general public are better known as video recordings, audio recordings, multimedia presentations, slide presentations, CD and online content. Most new media are in the form of digital media. However, Electronic Media may be in either analog or digital format. Any equipment used in the electronic communication process (e.g. telephones, fax, portable (cell) phones television, commercial radio, two-way radios, telephone, computer, game console, pagers, handheld device) is also considered Electronic Media.

 Eligible Employee - All permanent, probationary, reserve/auxiliary, or regular part-time employees. Regular part-time employees are those who have worked twenty [20] hours per week or more on a continuous basis for at least six months.

 Emergency Management/Response Personnel - Includes federal, state, territorial, tribal, regional, and local governments, private sector-organizations, critical infrastructure owners and operators, and all other organizations and individuals who assume an emergency management role. (Also known as emergency responder.)

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

 Emergency Operations Center [EOC] - The physical location at which the coordination of information and resources to support incident management (on- scene operations) activities normally takes place. An EOC may be a temporary facility or may be located in a more central or permanently established facility, perhaps at a higher level of organization within a jurisdiction. EOCs may be organized by major functional disciplines (e.g., fire, law enforcement, medical services), by jurisdiction (e.g., federal, state, regional, tribal, city, county), or by some combination thereof.

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

 Emergency Operations Plan - An ongoing plan for responding to a wide variety of potential hazards.

 Emergency Vehicle - An authorized law enforcement, medical, or fire or specially equipped vehicle with emergency warning devices and used for emergency response situations.

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

 Employee - Any person compensated by the agency for work, including interns.

 Evidence - Something that furnishes or tends to furnish proof; something (as testimony, writings, or objects) presented at a judicial or administrative proceeding for the purpose of establishing the truth or falsity of an alleged matter of fact.

 Evidence Custodian - The agency employee who is accountable for controlling and maintaining all evidence accepted by or stored in the evidence room.

 Evidence Room - Facilities used by this agency to store and secure evidence.

 Exculpatory - Evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt. It is the opposite of inculpatory evidence, which tends to prove guilt. In many jurisdictions law enforcement or prosecutors must disclose to the defendant any exculpatory evidence they possess. Failure to disclose exculpatory evidence can result in the dismissal of a case, as well as lawsuits and/or civil sanctions against the prosecutor, officers, and the agency. o Agencies must ensure that all evidence, whether favorable and unfavorable is presented to the prosecuting attorney.3 Exculpatory evidence (frequently referred to as Brady material) has been identified to include: witness background and reliability information; officer misconduct (on and off duty); internal affairs files; Electronic Media (video, audio, web postings, blogs, etc.); previous testimony (court and administrative), including false testimony; etc.

3 Brady v. Maryland, 373 U.S. 83 (1963) & Connick v. Thompson, 131 S. Ct. 1350, 2011 U.S. LEXIS 2594 (March 29, 2011). RESTRICTED COMMUNICATIONS CENTER DATA This data is proprietary and will not be duplicated, disclosed, or discussed, without the written permission of this agency. Data subject to this restriction is contained throughout this publication.

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 Exculpatory Evidence – Evidence or data potentially which clears or tends to clear a criminal defendant of guilt. Per Brady v. Maryland and subsequent court decisions, prosecutors have a duty to disclose exculpatory evidence even if not requested. Though it is true that the prosecution is not required to search for exculpatory evidence and must only disclose evidence it has in its possession, custody or control, the prosecution's duty to disclose includes all information known to any member of its team, e.g., law enforcement officers, investigators, crime labs, experts, etc.

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

 Expectation of Privacy - The expectation of privacy, as a legal concept with a precise definition, is found in U.S. case law. There are two types of expectations of privacy: o A subjective expectation of privacy is an opinion of a person that a certain place or situation is private. These obviously vary greatly from person to person. o An objective, legitimate or reasonable expectation of privacy is an expectation of privacy generally recognized by society.

General examples of places where a person has a reasonable Expectation of Privacy are person's residence, or public places which have been specifically provided by businesses or the public sector to ensure privacy, such as public restrooms, attorney visitation room in a jail or lockup, or a phone booth.

 Exposure Control Plan - A written plan developed by this agency and available to all employees that details the steps taken to eliminate or minimize exposure and evaluate the circumstances surrounding exposure incidents.

 Family or Household Members - Spouses, former spouses, parents, children, and persons related by blood, persons who are presently or in the past have resided or cohabited together as a family, or having children in common although not living together regardless of gender.

 Federal Aviation Administration [FAA] - The federal agency that regulates aviation in the United States.

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 Field Identification - Presentation of a suspect to a witness following the commission of a crime for the purpose of identifying or eliminating a possible suspect.

 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 concerning criminal activity.

 Field Training Coordinator [FTC] - The FTC is the senior Field Training Officer responsible for the field training and mentoring program within the agency. FTC oversees the performance of Field Training Officers, and those they are training and mentoring. The FTC often performs other duties within the agency.

 Field Training Officer [FTO] - FTOs are trained, experienced, and ethical officers who are motivated to mentor less experienced officers or officers with an identified performance deficiency. FTOs need not be Certified Law Enforcement Instructors, but successfully completes an FTO course of instruction.

 Fillers - Photographs used in a photographic lineup whose race, sex, age, height, weight, hair, and general appearance approximate the suspect.

 Firearm - Any device designated, made, or adapted to expel a projectile through a barrel by using energy generated by rapidly expanding gases or any device readily convertible to that use; including all handguns, rifles, and shotguns.

 Flammables - Any product that will ignite when in contact with a flame or spark, at or below 100 degrees Fahrenheit.

 Folder Method - Photographic lineup where the photographs are placed in separate folders or envelopes and randomly shuffled prior to presentation. As such, the assigned investigator does not know which photograph the witness is viewing.

 Force or non-deadly force- Actions not calculated under the circumstances to cause death or serious bodily injury.

 Forum - An online discussion site.

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several different names including the Garrity Right, Garrity Law, Garrity Rule, Garrity Advisement and Garrity Warning.4

 Gauging - The act of placing incrementally larger objects in a body piercing for the purpose of creating a design, form, figure or art.

 Grievance - A formal or verbal statement of complaint, generally against an authority figure in the jail or against an operational aspect of the detention facility as a whole.

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

 Harassment, harass, harassed, harassing, harasses - 1. To irritate or torment persistently. 2. To wear out; exhaust. 3. To impede and exhaust an adversary with repeated attacks or raids.

 High-speed - In the context of a vehicle pursuit, generally speeds reaching twenty [20] miles-per-hour over the posted speed limit. This is not a rule, but rather a guide. Other factors should be considered such as road conditions, traffic, weather, terrain, etc.

 Hostage - Any person held by another against his/her will by force or threat of force, expressed, or implied.

 Hostile Work Environment - Harassment, speech, or conduct that, based on the judgment of a reasonable person, is harsh, severe, or pervasive enough to create an abusive work environment when such conduct is based on race, religion, sex, national origin, age, disability, veteran status, political affiliation, citizenship status, marital status, or personal appearance.

 Hot Range - Firing range where weapons, magazines, clips, or speed loaders are loaded at all times. This method of control requires more instructor control and officer skill. Hot range operations are most effective in teaching tactical, maneuver, and gun advanced handling techniques.

 Identity - An online identity, Internet identity or Internet persona that a social networking user establishes. This can be a real name, an alias, a pseudonym or a creative description.

4 Garrity v. New Jersey, 385 U.S. 493 (1967), decided in 1966 by the United States Supreme Court.

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

 Illiterate Person - Individual who speaks and understands English but cannot read or write English.

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

 Immediate Measure of Defense - Taking action or using any implement to defend the officer’s life or safety, or the life or safety of another, with implements or devices not normally intended to be weapons or issued as public safety equipment.

 Impounding Officer - The law enforcement officer that initially receives evidence and initiates the chain of custody.

 In-camera Inspection - Judicial inspection of allegedly privileged information to determine whether the need to present such information as part of the essential proof of the case outweighs the interest in maintaining its confidentiality.

 In-Car Camera System and Mobile Video Recorder (MVR) – These are synonymous terms and refer to any system that captures video signals capable of installation in a vehicle.

 Incident - Any non-recurring event that causes a reduction of roadway capacity or an abnormal increase in demand. Such events include traffic crashes, disabled vehicles, spilled cargo, highway maintenance and reconstruction projects, and special non-emergency events.

 Incident area - A highway section where temporary traffic controls are imposed in response to a road user incident, natural disaster, or special event.

 Incident Command - The Incident Command System organizational element responsible for overall management of the incident and consisting of the Incident Commander (either single or unified command structure) and any assigned supporting staff.

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incident operations and is responsible for the management of all incident operations at the incident site. .

 Incident Command System [ICS] - A standardized on-scene emergency management construct specifically designed to provide an integrated organizational structure that reflects the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries. ICS is the combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure, designed to aid in the management of resources during incidents. It is used for all kinds of emergencies and is applicable to small as well as large and complex incidents. ICS is used by various jurisdictions and functional agencies, both public and private, to organize field-level incident management operations.

 Inculpatory - Evidence favorable to the prosecution in a criminal trial, which proves or tends to prove the defendant’s guilt. It is the opposite of exculpatory evidence, which tends to prove innocence. In many jurisdictions law enforcement or prosecutors must disclose to the defendant any exculpatory evidence they possess. Failure to disclose can result in the dismissal of a case.

 Inculpatory Evidence - Evidence that shows or tends to show, a person's involvement in a criminal act, or evidence that can establish probable cause or guilt. In criminal law, the prosecution has a duty to provide all evidence to the defense, whether it favors the prosecution's case or the defendant's case.

 In-custody Interrogation - Contact in which an individual is either under arrest or their movement to come and go as they please is restricted at any agency facility or at any location where, although not physically detained, a law enforcement officer creates a coercive atmosphere.

 Infectious Diseases - Disorders caused by organisms, such as bacteria, viruses, fungi or parasites. Some infectious diseases can be passed from person to person. Some are transmitted by bites from insects or animals. And others are acquired by ingesting contaminated food or water or being exposed to organisms in the environment. Signs and symptoms vary depending on the organism causing the infection, but often include fever and fatigue. Mild complaints may respond to rest and home remedies, while some life-threatening infections may require hospitalization.

 Insubordination - Any act of defiance, disobedience, dissension, or resistance to authority or instruction.

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

 Internal Compliance Enforcement - A division or function of a law enforcement agency investigates incidents and plausible suspicions of law-breaking and professional misconduct attributed to officers on the force. In different systems, also referred to by another names such as internal affairs, professional standards, inspectorate general, office of professional responsibility or similar.

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

 Interpreter - Individual with skills that enable them to communicate with an illiterate person or a person with limited English proficiency to the degree they can determine the person clearly understands instructions given then prior to viewing a suspect in any identification procedure.

 Interrogation - An exchange in which a suspect is unwilling or reluctant to exchange information with the law enforcement interviewer, or is being questioned about his suspected involvement in a crime or criminal activity. Suspects are provided their Constitutional [Miranda] and other applicable warnings and rights before an in custody interrogation.

 Interview - For purposes of this policy, an interview is defined as questioning of a potential witnesses or victim that does not require a waiver of Miranda rights from the party questioned.

 Investigative File – All material collected or produced during the conduct of a criminal investigation. The entire file is produced to prosecutors upon request, at the time charges are being considered, and always before the criminal trial. Items in the investigative file include such items as confessions, witness lists and statements, officer notes, progress notes, crime scene sketches, physical evidence, videos, photographs, electronic recordings, etc.

 Jail - A central detention facility operated by the Police Chief or Jailer of a County.

 Jurisdiction - From the Latin ius, iuris meaning oath and dicere meaning to speak is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. The term is also used to denote the geographical area or subject matter to which such authority applies. As applied to enforcement operations, the geographic area or situational conditions wherein police authority may be exercised.

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 Juvenile Offender - A young person who has not yet attained the age at which he or she should be treated as an adult for purposes of criminal law who: o Violates a state or federal law, or municipal or local ordinance; o Engages in disobedient, immoral, or indecent behavior; o Is in need of treatment, rehabilitation, or supervision; o Has run away from home or lawful place of residence without just cause; o Is beyond the control of parents or a legal guardian; or o Has been habitually truant or overtly defiant in school.

 Knife - Any edged weapon that is designed to inflict serious bodily injury or death by stabbing, cutting, slicing, whether legal or illegal, and including swords, daggers, axes, hatchets, etc.

 Lateral Vascular Neck Restraint [LVNR] - A method or manner of restraining or controlling a person by physically restraining the person's neck from behind. The technique involves the initial restraint of a person through contact and control methods which may ultimately be used to incapacitate the person by rendering the person temporarily unconscious where the person refuses to submit to lesser levels of control.

 Less than Lethal or Intermediate Weapons - Procedures or weapons designed to provide force, but usually less than deadly force. Less than lethal is sometimes referred to as less-lethal or non-deadly force. Regardless of the name, officers know that any force, especially when applied under dangerous, tense, uncertain, and rapidly evolving situations, may cause harm, serious bodily harm, or death, despite the best intentions of the officer.

 Live Lineup - Presentation of individuals, including a suspect, in person to a witness, for the purpose of identifying and/or eliminating suspects.

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

 Long Guns - Includes automatic and semi-automatic rifles and shotguns, and larger caliber weapons designed to fire projectiles. Projectiles may include both lethal and less-lethal (gas rounds, rubber or wooden projectiles, etc.).

 Mental Illness - An illness, disease, or condition, other than epilepsy, senility, alcoholism, or mental deficiency, which substantially impairs a person’s thought, perception of reality, emotional process, or judgment; or grossly impairs behavior as demonstrated by recent disturbed behavior.

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

 Mentally Retarded - The condition of a person afflicted with substantial sub- average general intellectual functioning that is associated with impairment in adaptive behavior.

 Mobile Social Networking - Social networking using a mobile phone or other cellular based device.

 Moral Turpitude - The act of baseness, vileness, or the depravity in private and social duties which man owes to his fellow man or to society in general, contrary to accepted and customary rule of right and duty between man and man. Act or behavior that gravely violates moral sentiment or accepted moral standards of community and is morally culpable quality held to be present in some criminal offenses as distinguished from others. The quality of a crime involving grave infringement of the moral sentiment of the community as distinguished from minor laws.

 Motor Vehicular Pursuit - An active attempt by an officer in an authorized emergency vehicle to apprehend fleeing suspect(s), who know that an officer is trying to stop them and who have given some indication of the intent not to stop or yield. Indications of intent to not stop may include increased speed, bypassing of traffic control devices, excessive lane changing, or other means.

 National Incident Management System [NIMS] - A set of principles that provides a systematic, proactive approach guiding government agencies at all levels, nongovernmental organizations, and the private sector to work seamlessly to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity, in order to reduce the loss of life or property and harm to the environment.

 National Response Framework - A guide to how the nation conducts all- hazards response.

 National Transportation Safety Board [NTSB] - Investigates all civil aircraft crashes or incidents.

 No or Low Expectation of Privacy - In some instances citizens have no or low expectations of privacy. For example: o Recording telephone conversations where they are a party to the conversation. o Recording face-to-face conversations where they are a party to the conversation. o Recording information at a crime scene.

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o Monitoring and recording public hallways, elevators, rooms [less restrooms], of a public building, including agency facilities. o Monitoring and recording sobriety tests. o Recording of voluntary statements made by victims, witnesses, or suspects. o Recording routine traffic stops with portable or fixed recording equipment.

Note: For policy guidelines on overt electronic recording or instances where there is no or low expectation of privacy see policy 07.09 Overt Electronic Recording.

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

 Non-Deadly Force - Procedures or weapons designed to provide force, but force not intended to kill. The non-deadly force concept is also commonly referred to as less than deadly, or less than lethal force. Regardless of the application name, reasonable officers know that – although unlikely – any force, especially when applied under, tense, uncertain, and rapidly evolving situations, may cause injury, or death, despite the best intentions of the officer.

 Non-secure Custody - A condition under which a juvenile’s freedom of movement is controlled by members of Olmos Park Police Deparment, and when the juvenile is allowed some freedom of movement and is not detainee in a cell or secured room.

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

 Officer-Involved Deadly Force Incident - A line-of-duty incident where an employee’s use of force causes death or serious bodily injury to any person or him/herself.

 Officer-Involved Shooting Incident- A line-of-duty incident where a shooting causes death or serious bodily injury to an officer or other person.

 Offset Position - Moving the officer’s unit approximately one-half the length of either side of the fleeing vehicle while continuing to trail. This offset position

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allows the officer to see oncoming traffic, and to expose emergency warning lights to the view of oncoming vehicles. From this position officers can more readily anticipate the suspect’s actions, and possibly influence suspect turns at intersections.

 Oleoresin Capsicum [OC] - OC gas, capsicum spray, or oleoresin capsicum is a lachrymatory agent (a chemical compound that irritates the eyes to cause tears, pain, and even temporary blindness) that is used in riot control, crowd control, and personal self-defense, including defense against dogs and bears. It is a non-lethal chemical agent often used in law enforcement instead of tools more likely to cause serious injury. The active ingredient in pepper spray is capsaicin, which is a chemical derived from the fruit of plants in the Capsicum genus, including chilies.

 Overt Surveillance - Is the use of electronic or photographic equipment that is not hidden from general view, regardless of whether or not the suspect actually sees the monitoring device or knows of its’ existence. Examples of overt surveillance devices include: o CCTV mounted in hallways, parking lots, waiting rooms, etc.; o Officers carrying a tape recorder in their hand or placing it on a table; o CCTV equipment mounted in a patrol car; or o Use of handheld video camera.

 Pat or Rub Search - A “frisk” or external feeling of the garments of an individual for weapons, contraband, injuries, vermin, or concealed evidence.

 Pedestrian Stop - An interaction between an officer and an individual who is being temporarily detained for the purpose of a criminal inquiry in which the individual is not under arrest.

 Person with Limited English Proficiency - Individual who is unable to communicate effectively in English. Such a person may have difficulty speaking, reading, or writing in English and includes persons who can comprehend English, but are physically unable to write.

 Personal Gain - Any advantage which benefits a person, including by not limited to monetary value, property, commercial interest, and social, professional or political standing, sexual or personal services, or other advantage.

 Personal Protective Equipment - Specialized clothing or equipment worn or used by members for protection against the hazards of infection. This does not include standard issue uniforms and work clothes without special protective qualities.

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

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

 Photographic Lineup - A collection of photographs including a suspect photograph and filler photographs that are placed in random order and shown to a witness for the purpose of identifying and eliminating suspects. May be presented in either hardcopy or Electronic Media formats.

 Physical Evidence - Any substance or material found or recovered in connection with a criminal investigation.

 Physical Strength and Skill - Any physical actions by one or more officers (e.g., holding, restraining, pushing, and pulling) which may include special skills (e.g., boxing, karate, and judo) but do not include the use of deadly force or any weapon.

 Piercing - The act of creating a hole in any part of the body for the purpose of inserting any object, jewelry, or ornamentation.

 Plaintiff - A person or persons who brings a civil case. A plaintiff may be a witness, suspect, resident, a group of residents, or another governmental body.

 Poisonous Materials - Any substance capable of destroying the life or health of humans, animals, or plants.

 Policy - A written directive that is a broad statement of agency principles. Policy statements may be characterized by such words as “may’ or “should” and usually do not establish fixed rules or set procedures for conduct of a particular activity but rather provide a framework for development of procedures, rules, and regulations.

 Polygraph - An instrument and interview process that records and reports certain physiological changes in a person undergoing questioning. The purpose of the interview is to eliminate the practice of deception on the part of the person interviewed. During the examination process the instrument simultaneously records at a minimum, respiratory activity, galvanic skin resistance, and cardiovascular activity. Depending on the application and jurisdiction, the

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process can only be applied to individuals that are physically present in the interview location with sensors attached.

 Polygraph Examiner – An employee or contractor who is trained, licensed, and experienced in conducting polygraph examinations, interview, and interrogations.

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

 Posting - The act of creating, uploading, editing or adding to any social media outlet. This includes text, photographs, audio, video or any other multimedia file.

 Post-Traumatic Stress Disorder - An anxiety disorder that can result from exposure to short-term severe stress or the long-term buildup of repetitive and prolonged milder stress.

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

 Primary Incident Scene - Refers to the location where the actual event occurred and where you would expect to recover physical evidence. Access is limited to those persons necessary to investigate the incident.

 Primary Unit - The law enforcement unit that first joins the pursuit or any unit that assumes the lead pursuit vehicle position.

 Probable Cause - Sufficient reason, based upon known facts, to believe a crime has been committed or that certain property is connected with a crime. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime. Probable cause is often subjective, but if the officer's belief or even hunch was correct, finding stolen goods, the hidden weapon, or drugs may be claimed as self-fulfilling proof of probable cause. Technically, probable cause has to exist prior to arrest, search, or seizure.

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to PO training and training is less qualified as a law enforcement officer. We all have varying degrees of opportunities to improve. For example, an experienced officer assigned to a specialized unit such as detectives, or special weapons and tactics, may be assigned to undergo field training in that new task.

 Procedure - A written directive is a guideline for carrying out agency activities. A procedure may be mandatory in tone using “shall” rather than “should,” or “must” rather than “may.” Other procedures may allow or encourage some degree of officer discretion indicated by terms such as “should,” or “may.”

 Professional Visitors - Any person having access to the jail, who provides a professional service to inmates or staff, including but not limited to: attorneys, paralegals, professionals, bail bondsmen, medical professionals, investigators, polygraph examiners, consultants, clergy, unpaid interns, or researchers.

 Proficiency - The state or quality of having competence in the performance of a task.

 Public Harm Risk - The degree of risk to the public posed by the actions of a suspect, usually equated to the initial act giving rise to the subject’s decision to initiate a pursuit, and subsequent actions of the fleeing suspect. Generally comprised of two elements: the risk inherent in crime(s) committed by the suspect, and the risk faced by the public should the suspect be allowed to continue his/her dangerous activity.

 Public Information - Information that may be of interest to the general public regarding policy, procedures or events involving the agency or other newsworthy information that is not legally protected, does not unduly interfere with the mission of the agency, infringe upon the rights of a defendant or compromise the legitimate safety and privacy interests of officers, victims, witnesses or others.

 Public Personalities - A well-known person in the community. The individual may be an elected official from your community, television or radio personality, sports star, member of the clergy, and so forth.

 Qualified Individual with a Disability - an individual who, with or without reasonable modifications to rules; policies or practices; the removal of architectural, communication, or transportation barriers; or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

 Queue - Traffic [vehicles] that accumulate upstream from the incident waiting to pass the incident site. This could also affect the upstream traffic as well if traffic is being routed through an alternate designated area.

 Race or Ethnicity - Of a particular decent, including, but not limited to, Caucasian, African, Hispanic, Asian, or Native American.

 Racial or Bias Based Profiling - The interdiction, stopping, detention, or other unequal treatment of any person based on race, ethnicity, gender, sexual orientation, or any combination thereof. Race, ethnicity, gender, religion, political affiliation, or any combination of these are not a factor in determining reasonable suspicion for a stop, or for determining probable cause for an arrest. The primary factor to consider is whether an observable offense was committed.

 Rape - Sexual intercourse, oral or anal sodomy and sexual assault. In addition, rape is defined as, forced or against that person's will or sexual intercourse or the exploitation or fear or threat of physical violence or bodily injury.

 Reasonable Accommodation - includes the modification of existing facilities that are readily accessible to and usable by individuals with disabilities; job restructuring, part-time, or modified work schedules; reassignment of an employee with a disability to a vacant position; acquisition or modification of equipment; and appropriate alteration of examinations, training materials, or policies.

 Reasonable Suspicion - A reasonable officer is lead to suspect that criminal activity has been, is being, or is about to be committed given the facts and circumstances of the situation. Reasonable suspicion may also apply to otherwise legal issues, such as a reasonable suspicion that the person being interviewed is in possession of a weapon [legal or otherwise]. Contrast to probable cause, which is a much higher standard.

Also known as articulable suspicion. More than a mere hunch, and based on a set of articulable facts or circumstances that cause a reasonable person to believe that an infraction of the law has been committed, is about to be committed, or is in the process of being committed, by the person(s) being observed. Reasonable suspicion in traffic enforcement is often based on observations by the officer in combination with training and experience, and/or reasonably reliable information from a credible source. Officers must have reasonable suspicion to believe the person being stopped has committed an infraction of the law prior to initiating a traffic stop.

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 Recording Media - Refers to audio-video signals recorded on any of several storage devices, including analog tape (VHS, SVHS, Hi 8mm), digital tape (DV) or other portable digital storage devices (CD, DVD, hard drive, etc.)

 Rehabilitation - To restore to useful life, as through a structure lifestyle, therapy, and education or to restore to good condition, operation, or capacity. The assumption of rehabilitation is that people are not natively criminal and that it is possible to restore a criminal to a useful life, to a life in which they contribute to themselves and to society.

 Responsible Adult - In the absence of the juvenile’s parents or legal guardian, an adult with reasonable physical and mental capacities who is: o Responsible for the physical custody of a juvenile; o An relative or acquaintance of the juvenile’s parents; or o Able to reasonably demonstrate supervision for the juvenile until parents, legal guardian, or next of kin can assume that responsibility.

 Restraint Chair - A movable or stationary chair ergonomically designed and used to safely restrict movement of violent, violent prone, uncontrollable, or uncooperative inmates who pose a potential risk to themselves or others.

 Rifles - A firearm designed to be fired from the shoulder, with a barrel that has a helical groove or pattern of grooves (rifling) cut into the interior barrel walls.

 Roadblock - Placing vehicles or objects in the path of vehicle traffic or a suspect-moving vehicle to encourage or force it to slow down or stop. Roadblocks are generally stationary or rolling [moving], and may or may not block the road entirely. Stationary roadblocks are set at a fixed point and elements or equipment are stationary. Rolling or moving roadblocks move with the flow of the suspect or pursuit with the intent to gradually reduce the speed or change direction thereby supporting the eventual stop.

 Rub Search - Rubbing of the individual’s body including the genitals, buttocks, and breasts, for weapons, contraband, or concealed evidence.

 Sampling - Scheduled and/or random observance of employees and processes as tasks are performed. Sampling includes pre-service and in-service training, actual officer and supervisory performance, administrative and technical support, documentation, personal interviews and written surveys of members of our community.

 Scarification - The act of intentional cutting the skin or body part for the purpose of creating a design, form, figure, or art.

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

 Search Warrant - A written order, in the name of the People, signed by a magistrate or other judicial authority, directing a peace officer to search for specified personal property, with instructions to bring it before the magistrate.

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

 Secondary Unit - Any law enforcement vehicle that becomes involved as a backup to the primary unit, and follows in the direct path of the pursuit or supports the primary unit at a safe distance.

 Secure Custody - A condition in which a juvenile is physically detained or confined in a locked room, set of rooms, or cell that is designated, set aside, or used for the specific purpose of securely detaining persons who are in law enforcement custody.

 Sequential Viewing - Identification procedure in which photographs are shown one at a time to a witness.

 Serious Bodily Injury - Harm that creates substantial risk of death, serious permanent disfigurement, or loss or impairment of any body function or organ.

 Sexual Abuse - May include, but is not limited to, subjecting another person to any sexual act or contact between an employee, volunteer, contractor, or agency representative, and an inmate; any sexual act or inappropriate contact in which an employee, volunteer or agency representative participates in, coerces, or forces any inmate, co-worker, or subordinate to engage in; and/or subjecting another person who is incapable of giving consent by reason of their custodial status, physical or mental state to engage in offensive touching, unauthorized disrobing, sex, rape, sexual molestation, prostitution, or other form of sexual exploitation or assault.

 Sexual Assault - Any sexual touching or contact which is non-consensual, forced or coerced in any manner, including but not limited to rape, sodomy or unlawful touching as defined by Olmos Park Police Deparment statutes.

 Sexual Contact - Includes, but is not limited to, intentional sexual contact or touching, or physical contact in a sexual manner, either directly or through clothing, of the genitalia, anus, groin, breasts, inner thighs, or buttocks; with or without the consent of the person; or any unwanted touching with intent to

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

arouse, humiliate, harass, degrade, or gratify the sexual desire of any person. Searches of a person, in the line of duty are not included.

 Sexual Harassment - Unwanted and offensive sexual advances or sexually derogatory or discriminatory remarks, as those made by an employer to an employee, employee to employer, or employee to employee, or the creation of a sexually objectionable environment.

 Sexual Misconduct - Any behavior or act of a sexual nature directed toward an officer or offender by another person, regardless of their status, gender, or position in the facility. This includes but not limited to, sexual assault, sexual abuse, sexual harassment, sexual contact, actions designed for the sexual gratification of any party, conduct of a sexual nature or implication, obscenity and unreasonable invasion of privacy. Sexual misconduct may also arise out of conversations or correspondence which suggests a romantic or sexual relationship or encounter.

 Sexual Predator - A sexually aggressive inmate who preys on and victimizes weaker inmates.

 Sexualized Work Environment - A sexualized work place can evolve where there is a tolerance and unstated encouragement of some or all of the following:

o Open discussion, within hearing of offenders, about an employee's off-duty activities; o A tolerance for name-calling; o Use of unprofessional or inappropriate nicknames; o Disrespect among staff; o Language that is rude, loud, unprofessional, full of obscenities, and street slang; o Inappropriate jokes or pranks with sexual innuendos; o Inappropriate touching, slapping, joking, or shoulder massages among staff; o Comments about personal appearance (sexual appeal); o Comments about sexual preference; & o Comments on other non-work related issues. o Verbal and non-verbal communications, dress, demeanor, and relationships among staff influence the work environment and adds to the culture. Offenders observe all staff interactions, and watch for weakness.

Offenders who gain personal information about departmental staff can use that information to get attention, coax staff into talking about themselves or their family, and then use empathy to gain the trust of staff. This unwanted relationship can compromise the professionalism of staff and even jeopardize facility operations and officer safety. RESTRICTED COMMUNICATIONS CENTER DATA This data is proprietary and will not be duplicated, disclosed, or discussed, without the written permission of this agency. Data subject to this restriction is contained throughout this publication.

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

 Shadow - Protected area that is shielded by the block.

 Shotgun - A firearm that is usually designed to be fired from the shoulder, which uses the energy of a fixed shell normally used to fire a number of smaller spherical pellets called shot, or a solid projectile called a slug. Tactical shotguns are normally 12 gauge in bore size or about .72 calibers.

 Sick Call - An organized method of treating inmate health problems through a regularly scheduled open house. Sick call provides inmates with the opportunity to report a medical illness or other health problem and to receive diagnosis or treatment to alleviate the condition, if reasonably possible.

 Silver Alert - Similar to the Amber Alert; however, is used for seniors with Alzheimer's disease, dementia or other mental disabilities - in order to aid in their return. Requirements for activation vary by state.

 Simultaneous Viewing - An identification procedure in which all photographs are shown at the same time to a witness.

 SKYWARN® - A voluntary program with nearly 290,000 trained severe weather spotters. These volunteers help keep their local communities safe by providing timely and accurate reports of severe weather to the National Weather Service.

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

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

 Soft Targets - Undefended targets to be destroyed. For example, a soft target would be an automobile, a house or assembly of people. Hardening a soft target can be achieved by employment of active security elements such as the presence of armed security or law enforcement officers; or passive elements such as Crime Prevention through Environmental Design [CPTED], physical

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

barriers, and locking systems. Soft targets selected by active shooters most often include public schools, colleges and universities, malls and major retail.

 Squad Ready - The shotgun or rifle’s bolt is forward on an empty chamber with the safety on.

 Strike, Strike Action - Is a work stoppage caused by a mass refusal by employees to perform work. A strike usually takes place in response to employee grievances.

 Strip Search - A visual inspection of an unclothed individual for weapons, contraband, wounds, abuse, suicide attempts, vermin, or concealed evidence.

 Substantial Likelihood of Serious Harm - Conditions where a person has threatened or attempted suicide or to inflict bodily harm on himself; has threatened or attempted homicide or other violent behavior; has placed others in reasonable fear of violent behavior and serious physical harm to them; or is unable to avoid severe impairment or injury from specific risks, and there is a substantial likelihood that such harm will occur unless the person is placed under involuntary treatment.

 Suicide - The intentional and voluntary act of a person taking or attempting to take his or her own life.

 Suicide-by-COP - Is a suicide method in which a criminal actor deliberately acts in a threatening or destructive way towards a law enforcement officer or others, with the intent of provoking a lethal response, such as being shot to death. Similar phrases include death-by-cop, suicide-by-police, and officer-assisted- suicide.

 Supervisor - Any person empowered to make economic decisions, or, decisions affecting the terms, privileges or conditions of employment for other employees under his/her control.

 Suspect - A person suspected of a specific crime, also a person apprehended for but not convicted of a specific offense.

 Tactical Fixed-blade Knife - Any tactical knife in which the blade and the grip or handle are permanently fused in some manner with a blade sharpened on one or more edges for cutting or stabbing.

 Tactical Folding Knife - A knife with a hinged blade, designed primarily for tactical and defensive use.

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

 TASER™ - The leading manufacturer and supplier of electronic control devices to law enforcement and the general public. It is common for ECD devices to mistakenly be referred to as a TASER.

 Tattoo - The act or practice of marking the skin with indelible designs, forms, figures, or art by making punctures in the skin and inserting pigment.

 Testing - A procedure for critical evaluation; a means of determining the presence, quality, or truth of something.

 Toxins - Very unstable, poisonous substances of metabolic activity when introduced into body tissue.

 Traffic Stop - An officer who stops a motorist for a violation of a law or traffic violation.

 Trailing - Simple act of following along behind the suspect vehicle while giving both visual and audible indications that the violator should stop, and advising the public, dispatch, and other units of the suspect’s location and actions. Trailing provides warning to pedestrians, and other drivers of the potential danger posed by the fleeing suspect. Care is taken to attempt to maintain a safe and extended interval between the suspect vehicle and the following or trailing unit(s).

 Transgender - Of, relating to, or being a person who identified with or expresses a gender identity that differs from the one which corresponds to the person's sex at birth.

 Uncontrolled Contact - Sometimes referred to as ramming, this tactic represents a higher level of intentional contact between the suspect’s vehicle and the officer’s unit. Uncontrolled contact is frequently attempted at higher speeds than intentional collisions, is unpredictable, and presents a high degree of risk to the officers involved. Uncontrolled contact may constitute deadly force, depending on the circumstances of the incident.

 Undercover Operations - An operation planned and performed or occurring in secret. In law enforcement, usually undercover operations employed during counter drug, smuggling, terrorism, and sabotage investigations.

 Upstream - Direction traffic is moving as vehicles approach the incident scene.

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

 User Name - The name provided by the participant during the registration process associated with a Web site that will be displayed publicly on the site.

 Vehicle Pursuit - A vehicle pursuit begins when a violator drive away or attempts to evade an officer who has signaled for the motorist to stop. Violators initiate a vehicle pursuit, not the officer. The officer may decide to continue or terminate the pursuit; however the violator’s actions start it.

 Vermin - Applied to various species regarded as pests or nuisances, and especially to those associated with the carrying of disease. Since the term is defined in relation to human activities species vary from area to area and even person to person. Disease-carrying rodents and insects are the usual case but the term is also applied to larger animals. Pigeons, which have been widely introduced in urban environments, may be considered vermin, or, pejoratively, flying rats. Some varieties of snake are also referred to as vermin from time to time.

 Very Important Person(s) [VIP] - VIPs can include, but are not limited to political figures, heads of state (foreign and domestic), candidates for public office, other persons with a high media profile, and witnesses. The person to be protected may be in or out of criminal custody.

 Violent Suspect - A known or suspected criminal actor who is perceived by the officer to have committed, or is likely to commit, a violent act against another by means of deadly force, to include use of a motor vehicle, while attempting to evade capture.

 Visual Body Cavity [VBC] Search - A search of an individual’s body cavities or orifices by visual inspection only. In a VBC search, there is no touching the person. The individual may be required to spread their cheeks, lift their breasts or testicles, bend over, raise hair, lift arms or legs, and squat.

 Voice Stress Analysis [VSA] – Records and charts inaudible psychophysiological stress responses that are present in human voice, when a person responds to a stimulus such as a question when the consequences may be dire for the subject being evaluated. Depending on the application and jurisdiction, the process can be applied to individuals that are physically present during the interview, or VSA process can be applied to digital or analog recordings.

 Volunteer - Any person, who by mutual agreement with the agency, provides services on behalf of the agency without compensation. Volunteers may provide social, religious, or other services to the facility, staff, or offenders.

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Law Enforcement Policies and Procedures, 1.00 Glossary of Terms

 Weapon of Mass Destruction [WMD] - A destructive device designed to cause mass or large numbers of causalities. Usually the device is one of five types consisting of conventional explosive, nuclear, radiological, biological, or chemical. Law enforcement have encountered all of these types of devices, with the exception nuclear, and it is known within law enforcement intelligence circles that transnational terrorists are attempting to locate and employ a portable nuclear devices.

 Witness - One who gives or may be capable of giving information evidence regarding matters of fact under investigation. Prior to establishing probable cause to arrest for a specific crime, suspects are potential or actual witnesses.

 Work zone - Physical area of a roadway within which law enforcement, fire, rescue, EMS, towing services, road crews, and others, perform their tasks.

 Workplace also work place - 1. A place, such as an office or a factory, where people are employed. 2. The work setting in general. 3. For law enforcement this includes any area, place, or when and where on duty, to include authorized secondary employment where the officer is performing security or law enforcement services, or any activity taken in the course of employment or under the color of law.

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

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Olmos Park Police Department

LETTER FROM AGENCY HEAD

December 18, 2014

To: All Officers & Employees

Re: Policy & Procedure Manual

Dear Ladies & Gentlemen:

The publication of these updated policies and procedures marks an important milestone in our continued development as a local leader in law enforcement. For those of you who participated in creating this document, please accept my hardiest thanks for a job well done! If you did not have an opportunity to provide input, we now ask for your assistance.

Over the next few days and weeks, the entire agency will be learning and applying the details of our new procedures. As we do so, we will re-visit some of the old practices as well. Take time to study and learn. Then give us your ideas on how we can make this an even better guide toward achieving a safer and more efficient operation. With warmest personal regards to each of you, I remain

Sincerely,

Rene Valenciano Police Chief Olmos Park Police Department

RECEIPT FOR POLICIES & PROCEDURES MANUAL

I, ______, hereby acknowledge receipt of one (1) copy of the Olmos Park Police Department Policies & Procedures Manual.

It is understood that this manual is entrusted to me for safekeeping, study, and compliance. I will use my best efforts to study, learn, and comply with the instructions contained in this manual. The updating, maintenance, and safe storage of this manual are my personal responsibility.

I understand this manual contains restricted law enforcement data, and that release of its contents to anyone not having an official need to know may place residents of this community, and officers and employees of this agency at risk.

I will retain this manual in my possession or safekeeping, and will not allow it to be copied or reproduced in any manner without prior authorization from a superior authorized to permit such duplication. Further, I will immediately report to the Second in Command any attempt made by those outside of the agency to borrow, acquire a copy, view, or use this manual. Likewise, I will immediately report the loss of this manual or portions of its contents to the Police Chief.

I affirm my commitment to honor this agreement this ______day of ______, 201__.

______Printed name

______Signature

______Printed name of Witness

______Witness’ Signature Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Policy & Procedure Policy Number: 1.03 Management System Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department provides all employees with guidance regarding policy and operations issues through written directives.

DEFINITIONS:

PROCEDURES:

Responsibility: The Police Chief or designee has reviewed signed, and distributed this uniform body of policies and procedures to all employees that convey the agency’s philosophy, goals, and operational principles. The Police Chief or designee has identified an agency employee responsible for overseeing the maintenance of these policies and procedures. The responsible individual maintains: 1. A complete set of all policies and procedures; 2. A record of policies deferred for further action; 3. A record of review of each policy to assure compliance with applicable statutes; & 4. Documentation of annual reviews.

The Police Chief may form, at his or her discretion, a committee of personnel to serve in a policy formulation role. Whether done by committee or by an individual, the following functions are performed at least once a year:

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1. Review and evaluation of each policy; 2. Consideration of proposals from agency members for modification of existing policy, or for additional policies; & 3. Preparation of recommended new policies and procedures to be forwarded to the Police Chief, or designee, for review and adoption.

Organization: Policies and procedures are divided into topical sections. There are two Table of Contents provided for your use. One table is listed by policy number and the other is alphabetical. These policies and procedures are distributed in the form of separate policies items. This allows for ease in updating, modification, and review.

Distribution and Local Implementation: Olmos Park Police Department policy and procedures manuals are available for review by staff at the time of employment and at any time thereafter. Distribution may be in the form of notebooks, books, or electronic media. 1. All employees receive and maintain a set of policies and procedures. 2. Any new policy is distributed in advance of its effective date to ensure all agency members are able to implement the instructions in an orderly manner. 3. Any new policy requires, upon receipt by the employee, a full review of the policy and a commitment to follow the directives and guidelines expressed in the document.

Policy Compliance and Maintenance: The Police Chief is responsible for establishing a system to monitor compliance with policies and procedures through regular reviews and inspections. This includes dissemination of new or revised policies and procedures to staff or others concerned with operations. Master copies of these procedures are maintained in the Police Chief’s office, available for review by agency employees and authorized representatives of other agencies having legitimate law enforcement interests in operations.

Agency Review: Subject to any other provisions of law, including those provisions relating to proper public records requests, members of the public may not review security related policies and procedures as identified by the Police Chief. The Police Chief makes the final determinations regarding any request for policies and procedures release that is not of a strict law enforcement nature. The release of such law enforcement data into the public domain is prejudicial to the safety and security of agency employees and the residents of Olmos Park.

Policy Formulation and Revision:

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Law Enforcement Policies and Procedures, 1.03 Policy & Procedure Management System

The Police Chief developed a policy & procedure review process. This process observes the distinction between evaluation of the policy and evaluation of compliance with the policy. Such review is a method of learning whether certain elements of the policy or procedure are dysfunctional or no longer needed. This evaluation process is best performed as part of an ongoing management process. Nothing in this provision should be construed as requiring a delay in initiating necessary and immediate change to a policy.

Each new and revised policy or procedure bears the signature of the Police Chief and the date approved. The review schedules for various policies are staggered to provide for an orderly review process throughout the year. The Police Chief may incorporate any significant findings or situations that have occurred throughout the past year into the revision process.

All employees should participate actively in policy and procedure development through suggestions to their supervisor. The Police Chief is the final point of collection for these suggestions, and may develop a process to include input from other concerned persons.

During the annual policy review process, policy proposal suggestion forms may be distributed for comment. In the meantime, a policy suggestion form is provided in each policy set for employee use. If this form cannot be located, contact a supervisor for another copy. When submissions are received, the Police Chief evaluates submitted recommendations, comment, and/or concerns prior to revision or adoption.

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Olmos Park Police Department

HOW TO USE THIS MANUAL

Contained in this manual are Policies and Procedures of the Olmos Park Police Department. This manual deals with the specifics of operating this law enforcement agency both administratively and operationally, and it addresses issues relating to how we manage, supervise, and provide law enforcement services to the community we serve.

Our policies are developed with you and good order in mind. They are of critical importance to your safety, the safety of fellow officers, and the community at large. These policies are periodically updated and notification of changes are made at roll calls, during training sessions, and by written notice. It is your responsibility to understand these policies and follow the procedures set forth in this manual.

Policies and procedures are written to provide a basis for the day-to-day operations. Their purpose is to standardize the agency’s approach and response to recurrent and predictable situations. Policies and procedures are intended to provide you with guidance regarding the performance of your responsibilities as a sworn law enforcement officer or employee of this agency. They contribute to the overall achievement of the mission by defining performance expectations, ensuring conformity to legal standards, defining and institutionalizing best practices, and establishing a basis for accountability.

It is an important requirement that each of us be familiar with the details of this manual, and readily apply its guidelines in every aspect of what we do in carrying out our vital mission. How well you study and use what you learn directly affects the safety and well being of the citizens we are sworn to protect, and ourselves.

Begin your education process by paging through the manual. Familiarize yourself with the format; review how subjects are categorized and numbered; and look for specific topics of interest to you. Next read the Use of Force policy, and the Vehicle Pursuit policy. Ask yourself, can I understand and apply these policies? Continue and read each policy, and when you come to something you don’t understand, find confusing, or simply question, write it down and talk with your supervisor to seek the answers. Repeat the process until you are confident you know the policy well enough to apply it in spirit as well as in practice.

During your reading of the manual, if you find something incorrectly stated, or you have a better idea, we want to know about it. This is a living document. It was put together with change in mind – the kind of change that brings improvement. Your assistance is needed to make it work, and keep it working as a quality guide.

Use the document titled Suggestion Form to make written suggestions. You may use the original in the book to make copies. Then put your suggestions on a copy of the form, and turn it in to your supervisor. No recommendation is too small or unimportant, so please share your ideas. Olmos Park Police Department

REQUEST FOR REVIEW OR COMMENT

We are pleased to announce that the Olmos Park Police Department has completed an update of our policy and procedures and we request your assistance. Review this policies & procedures set, and provide us with suggestions for improvement. Use the document titled Suggestion Form to make written suggestions. You may use the original in the book to make copies. Then put your suggestions on a copy of the form, and turn it in to your supervisor. No recommendation is too small or unimportant, so please share your ideas.

We would appreciate your written comments within the next thirty days. Submit a written request for additional time to complete your review if necessary.

We appreciate your time and expertise in this matter, and request that you submit any suggestions and recommendations in writing to:

Rene Valenciano Police Chief Olmos Park Police Department

POLICY & PROCEDURE MANUAL SUGGESTION FORM

Officer Employee Name______Date______

Policy & Procedure Number ______Page ______

Recommended Change______

______

______MISSION & OBJECTIVES Olmos Park Police Department

MISSION STATEMENT

Olmos Park Police Department consistently and with uniformity strives to maintains social order and provide professional law enforcement services to citizens in the community, within prescribed ethical, budgetary, and constitutional constraints. This agency strives to enforce the law and maintain order in a fair and impartial manner, recognizing the need for justice, and the consistent appearance of justice. The Police Chief recognizes that no law enforcement agency can operate at its maximum potential without supportive input from the citizens it serves. This agency actively solicits and encourages the cooperation of all citizens to reduce and limit the opportunities for crime and to assist in bringing to justice those that break the law.

Sincerely,

Rene Valenciano Police Chief

1 Olmos Park Police Department

OBJECTIVE STATEMENTS

The following objectives have been established to accomplish the mission within in the budgetary and manpower constraints imposed on the agency:

A. Protect Life and Property: To provide services that contribute to the preservation of life, the protection of property, and the safety of the community.

B. Maintain Public Order: To maintain peace and public order. To assist during times of natural or technological disasters and/or other critical incidents. To provide for the safe and effective flow of both vehicular and pedestrian traffic and the investigation of traffic related accidents.

C. Prevent, Detect and Investigate Criminal Activity: To prevent crime through active and coordinated patrols that limit the opportunity for a crime to occur, and through education of citizens that reduces the likelihood of them becoming victims of crime. To provide a thorough, appropriate, and efficient investigation of criminal activity.

D. Apprehension of Offenders: To provide for the expeditious and prudent apprehension of suspected violators of the law, regardless of an individual’s status in the community.

E. Community Service: To provide the resources necessary for assisting citizens under special non-criminal circumstances.

F. Compliance with Ethical Standards and Professionalism: To ensure integrity and adherence to the professional standards of the Agency by investigating all complaints against Agency personnel. To provide for the training needs of officers and promote a high rate of proficiency in the officers of the Agency. To address the career development goals of agency personnel. Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Management Philosophy & Policy Number: 2.03 Goals Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department strives to provide professional law enforcement services to citizens within the community.

Philosophy: Olmos Park Police Department operates under the principle that all administrative and management decisions either directly or indirectly affect the quality of law enforcement services provided to the community, and the public’s perception of our efforts. Employees are expected to interact with the public in a professional, respectful, and productive manner.

Mission Statement: The mission of Olmos Park Police Department is to maintain social order and provide professional law enforcement services to citizens in the community, within prescribed ethical, budgetary, and constitutional constraints. This agency strives to enforce the law and maintain order in a fair and impartial manner, recognizing the need for justice, and consistent appearance of justice. The Police Chief recognizes that no law enforcement agency can operate at its maximum potential without supportive input from the citizens it serves. This agency actively solicits and encourages the cooperation of all citizens to reduce and limit the opportunities for crime and to assist in bringing to justice those that break the law.

Peel’s Principles of Policing: Olmos Park Police Department subscribes to the principles that make law enforcement a unique element in society. Sir Robert Peel, the father of modern law enforcement, established some fundamental guiding principles in 1832 that are still hallmarks we follow today. Whether we are called police, constables, deputies, officers, or agents, the ideals remain the same. Peel’s Principles of Policing are: 1. The basic mission for which the police exist is to prevent crime and disorder. 2. The ability of the police to perform their duties is dependent upon public approval of police actions. 3. Police secure the willing cooperation of the public in voluntary observance of the law

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to be able to secure and maintain the respect of the public. 4. The degree of cooperation of the public that can be secured diminishes proportionately to the necessity of the use of physical force. 5. Police seek and preserve public favor not by catering to public opinion but by constantly demonstrating absolute impartial service to the law. 6. Police use physical force to the extent necessary to secure observance of the law or to restore order only when the exercise of persuasion, advice, and warning is found to be insufficient. 7. Police, at all times, maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interests of community welfare and existence. 8. Police should always direct their action strictly toward their functions and never appear to usurp the powers of the judiciary. 9. The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it.

Page 2 of 2 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Delegation of Authority Policy Number: 2.04

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Police Chief recruits, trains, and appoints qualified officers and employees to carry out the law enforcement mandate in within this jurisdiction. The Police Chief has the sole authority to hire and appoint management officials to help carry out this mandate.

PROCEDURE:

Appointments & Delegation of Authority: Except as otherwise provided by statute and regulation, the Police Chief or designee, establishes the qualifications, authority, and responsibility for all officers, support staff, and any would-be contractor entities working on behalf of this agency.

The Police Chief oversees all activities of this agency, and has broad authority and responsibility in accordance with applicable state and federal laws to enforce the laws and regulations of this jurisdiction, the state, and the United States.

Page 1 of 1 Olmos Park Police Department

ORDERS & INSTRUCTIONS

This law enforcement agency issues orders in several forms. All agency employees are responsible for knowing, understanding, and complying with all lawful orders. Immediate and consistent compliance with orders is essential to accomplishing our mission and protecting human life. Orders are given in the following forms:

1. General Orders General orders reflect the agency’s fundamental mission and values. You are expected to know these rules and follow them both in letter and spirit. No deviations should occur without the expressed personal authorization of the Police Chief. General Orders are provided and discussed in your training and widely disseminated. You should immediately ask your supervisor if you have any questions about compliance. You have the duty to immediately report General Order violations.

2. Special Orders Special orders are always written. They are authorized and signed by the Police Chief or designee. Special orders provide short-term instructions in matters of critical concern to the Police Chief. Special orders are numbered, each bearing an effective date, expiration date, and the signature of the Police Chief or designee. Special Orders are provided and discussed in training, announced at roll call, and published as the need arises. It is your responsibility before starting your tour of duty each day to know what Special Orders are in effect, and to comply with their requirements. Any questions about compliance or known violations of a Special Order should be referred to your supervisor as soon as practical.

3. Policies & Procedures The senior law enforcement official of a law enforcement organization is charged with the responsibility of establishing policy and determining the procedures that are followed to accomplish the mission of the agency and maintain effective control. Policies and procedures often vary from organization to organization, depending on the management style of the policy maker, the needs and desires of the community, and available resources.

The Police Chief provides this manual as a detailed guide to performance expectations. Each policy is published separately, and contains a statement of the policy and detailed procedures regarding how to carry it out. Policies are the orders, and procedures are the instructions for carrying out the order.

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Not every situation is foreseeable. It is important for sworn officers and other employees to know and understand these policies and procedures and apply them in a variety of situations. When faced with a dilemma, ask and answer . . . what would a reasonable officer do? Your Confidence as a law enforcement officer is built on experience, training, careful review, and practiced compliance with the policies and procedures, and other requirements in this manual.

4. Direct or Verbal Orders Direct orders are most often issued through the spoken word. These orders may be given at roll call, but most often are issued verbally during the course of the shift. Personnel are to respond to verbal orders given by supervisors, and the Police Chief. In those cases where someone who is not your supervisor, or the Police Chief, gives you a direct or verbal order or command, it is the responsibility of the officer receiving the order or instruction to verify the order through their supervisor before complying with the order or instruction. For example, it is inappropriate for a law enforcement officer of another agency to issue orders to an officer of this organization without prior written approval from the Police Chief. This includes federal and state officers or agents.

Compliance with direct or verbal orders is only required or appropriate when the officer reasonably believes that the order given is lawful. To be a lawful order, the instruction is to be in harmony or compliance with the law, special orders, general orders and policies established by the Police Chief. For example, management and supervisory personnel are not authorized to order officers to physically abuse suspects or employ excessive or unreasonable force.

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Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Lines of Communication Policy Number: 2.06

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department maintains systems of communication that:  Maximize the ability of supervisors to communicate with employees;  Aid staff in effectively conveying rules, regulations, and procedures; &,  Provide information to the public on legitimate issues.

PROCEDURE:

Communications between policy makers, officers, civilian employees, and residents is critical. The agency may use many types of communication processes facilitate information flow including meetings, press conferences, press releases, memoranda, and formal and informal verbal exchanges.

Policy Changes: Changes to these policies & procedures are communicated in writing to employees prior to the effective date of the change. It is the responsibility of every employee to read, understand, and comply with the information provided. In instances where an employee does not understand, or has questions about a new or revised policy, the employee is to seek out answers or clarification from their supervisor immediately. In the case of major policy changes, employees may be required to provide signatures indicating their understanding of the new information.

New or transferred employees, and employees returning from leave, are informed of changes pertaining to their assigned duties in written policies & procedures, or some other format as determined by the Police Chief. It is the responsibility of the employee to inquire about any new or revised policy, before returning to active law enforcement duties after an absence.

Staff Visibility: Visible patrols and community interaction are important. During routine patrols and other opportunities to interact with the community, officers and staff make every reasonable effort to answer questions from the public, and respond to their concerns. Matters requiring a

Page 1 of 2 Law Enforcement Policies and Procedures, 2.06 Lines of Communication

follow-up action are handled promptly by the receiving officer or referred to the proper individual.

Meetings: To enhance the communication process, the Police Chief, shift leaders, training officer, or their designee conduct periodic staff meetings with employees. In these meetings, the presenter discusses topics of general interest to the group. Each participant has the opportunity to present a brief verbal report on their area of responsibility and describe any accomplishments or problems occurring since the last meeting. These meetings are conducted as needed.

Verbal Exchanges with Suspects or complainants: Officers and civilian employees keep communications professional, and non-personal. The following applies to all suspects, detainees, or complainant contacts: 1. Do not provide any unnecessary or inappropriate personal information such as addresses, names of family, or off-duty activities; 2. Do no accept, exchange, or give items of value or gifts; 3. Do not handle or accept money or funds other than as a function of your specific assigned duties; 4. Unless there is a specific job related purpose, do not touch a detainee or allow a detainee to touch you; 5. Do not carry or give suspects or detainees written or verbal communications from other detainees or suspects; 6. Refer to suspect, detainees, or witnesses by their proper name, such as Mr. Jones, Ms. Smith, etc. 7. Require suspects and detainees to refer to you and other employees as Officer Smith, Corporal Jones etc.; 8. Do not favor one detainee or suspect over another, unless for interrogation, or evidentiary purposes, and only to the degree necessary; 9. Do not listen to gossip or petty complaints about other officers; 10. Report serious and legitimate complaints regarding other officers or employees to your or their supervisor; 11. Do not use law enforcement jargon, when dealing with the public; 12. Do not use street slang, cuss words, or gutter talk; & 13. Maintain a professional demeanor, always.

Other: To further aid communication with members of the agency, Olmos Park Police Department may use bulletin boards, memos, emails, and other business communication methods. These communications are considered official business, and should be responded to within specified limits.

Page 2 of 2 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Jurisdiction & Authority Policy Number: 2.07

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

The Olmos Park Police Department has authority and responsibility for policing and other enforcement services within the geographical boundaries Olmos Park. Officers of Olmos Park Police Department have full power and authority as peace officers within this jurisdiction.

DEFINITION:

PROCEDURE:

Jurisdiction of employees of Olmos Park Police Department is within our incorporated boundaries, and under certain conditions. These conditions include: 1. On-Duty a. On-duty employees have full power and authority as peace officers or their office within Olmos Park. The Police Chief may limit the exercise of this power from time-to-time. b. An officer may take official enforcement action outside of the geographic boundaries when the officer: i. Is in pursuit of a person who is suspected of committed a crime within our jurisdiction. ii. Is assigned to a multi-jurisdictional law enforcement group with broadly specified jurisdiction.

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

Page 1 of 3 Enforcement Policies and Procedures, 2.07 Jurisdiction & Authority

iii. Is assigned to another jurisdiction pursuant to a bona fide mutual aid agreement or assignment by the Police Chief. iv. Has a valid search or arrest warrant and has a peace officer from that jurisdiction present to execute the warrant. v. Reasonably believes that a person is about to commit a felony, and action is necessary to prevent serious bodily injury to any person or damage to critical infrastructure. vi. Is in an agency vehicle equipped with proper emergency equipment, may stop, arrest, or cite traffic violators when the violation is, in the officer’s discretion, flagrant, and potentially dangerous enough to jeopardize the lives or safety of the general public. c. Whenever an on-duty member acts with the authority of a peace officer outside of our jurisdiction, the employee notifies the law enforcement agency of the appropriate jurisdiction. d. The officer should take only the necessary actions to contain the situation before a representative of the other agency arrives. e. Once the situation is stabilized, the employee also notifies the communications supervisors of the action taken, and completes a written incident report before completion of that tour of duty. 2. Off-Duty – Within Jurisdiction: a. Off-duty members retain full power and authority as peace officers or their office within the incorporated limits of Olmos Park. However, the Police Chief defines certain limitations to safeguard the public. When confronting a situation within this jurisdiction and the employee is in an off-duty officer status, and the officer reasonably assumed that immediate police action is appropriate and decides to intervene, as soon as possible the employee immediately identifies him/herself as a Peace Officer and a member of this agency. Simultaneously or as soon as practical, the officer shows proper identification. For more on off-duty authority and responsibilities, refer to policy Off-Duty Conduct & Powers of Arrest, and policy Off-Duty or Secondary Employment. 3. Off-Duty – Out of Jurisdiction: a. Employees when off-duty, out of uniform, and outside of our jurisdictional boundaries have the powers afforded to a citizen in situations where defensive or enforcement action is deemed reasonably necessary. In such instances, the employee is held to the same standards of conduct as any other citizen. b. The exception to a. above is when officers are in travel status, moving to and from work, and in agency vehicle, and wearing or carry agency identification.

Page 2 of 3 Enforcement Policies and Procedures, 2.07 Jurisdiction & Authority

4. State Law & Enforcement Agencies: a. Olmos Park Police Department has concurrent enforcement responsibilities with state agencies for the enforcement of state statutes within our jurisdiction. b. Agency personnel provide legal and reasonable assistance requested by state enforcement agencies. Direct participation by agency personnel in investigations or law enforcement operations being conducted by state law enforcement agencies requires prior approval of the Police Chief prior to the participation. 5. Federal Law & Enforcement Agencies: a. Olmos Park Police Department shares concurrent jurisdiction with federal law enforcement agencies for the enforcement of federal laws within our geographic jurisdictional limits. b. Federal law enforcement agencies contemplated in this section include, but are not limited to, the Drug Enforcement Administration; Bureau of Alcohol, Tobacco and Firearms; Internal Revenue Service; Environmental Protection Agency; Federal Bureau of Investigation; United States Marshal Service, Military Intelligence, and Military Police. c. Agency personnel provide legal and reasonable assistance to federal investigators when requested. Direct participation by agency personnel in investigations or law enforcement operations being conducted by federal law enforcement agencies requires prior approval of the Police Chief prior to the participation.

Nothing in this policy should be construed to authorize Olmos Park Police Department personnel to interfere in any investigation or law enforcement operation being conducted by any other local, state or federal law enforcement agency.

Page 3 of 3 Olmos Park Police Department

OATH OF OFFICE

All law enforcement officers of Olmos Park Police Department are, before exercising any type of peace officer powers, required to take and abide by the following oath of office:

I do solemnly swear / affirm that I, ______support the Constitution of the United States of America and of the State of Texas; that I, in all respects observe the provisions of the policies and directives of the Olmos Park Police Department; I am to truly perform the duties of the office of Peace Officer well, and to the utmost of my skill and ability, endeavor to promote the public interest, and protect the property of said Olmos Park, without fear, favor or affection. So help me God. ETHICS, STANDARDS & SERVICE QUALITY Olmos Park Police Department Law Enforcement

CANONS OF LAW ENFORCEMENT ETHICS1 2 3

All sworn law enforcement officers in the Olmos Park Police Department or those members vested with law enforcement authority because of their employment with Olmos Park Police Department, at all times, abide by the following Canons of Police Ethics.

Article 1. Primary Responsibility of Job The primary responsibility of the police service, and of the individual officer, is the protection of the people of the United States through the upholding of their laws; chief among these is the Constitution of the United States and its amendments. The law enforcement officer always represents the whole of the community and it is legally expressed will and is never the arm of any political party or clique.

Article 2. Limitations of Authority The first duty of a law enforcement officer, as upholder of the law, is to know its bounds upon him or her in enforcing it. Because he or she represents the legal will of the community, be it local, state, or federal, he or she is aware of the limitations and proscriptions, which the people, through law, have placed upon him or her. He or she recognizes the genius of the American system of government, which gives to no man, groups of men, or institution, absolute power, and he or she ensures that he or she, as a prime defender of that system, does not pervert its character.

Article 3. Duty to be Familiar with the Law and with Responsibilities of Self and other Public Officials The law enforcement officer assiduously applies himself or herself to the study of the principles of the laws, which he or she is sworn to uphold. He or she makes certain of his or her responsibilities in the particulars of their enforcement, seeking aid from his or her superiors in matters of technicality or principle when these are not clear to him or her; make special effort to fully understand his or her relationship to other public officials, including other law enforcement agencies, particularly on matters of jurisdiction, both geographically and substantively.

Article 4. Utilization of Proper Means to Gain Proper Ends The law enforcement officer is mindful of his or her responsibility to pay strict heed to the selection of means in discharging the duties of his or her office. Violations of law or disregard for public safety and property on the part of an officer are intrinsically wrong;

1 Composed in 1957 by a Committee of the International Association of Chiefs of Police, Inc. 2 Updated in 2007, by OSS - Law Enforcement Advisors®, to recognize the meaningful contribution of women to law enforcement and our society. 3 Updated in 2012, by OSS - Law Enforcement Advisors®, to present tense. Page 1 of 3 they are self-defeating in that they instill in the public mind a like disposition. The employment of illegal means, no matter how worthy the end, is certain to encourage disrespect for the law and its officers. If the law is to be honored, it is first be honored by those who enforce it.

Article 5. Cooperation with Public Officials in the Discharge of Their Authorized Duties The law enforcement officer cooperates fully with other public officials in the discharge of authorized duties, regardless of party affiliation or personal prejudice. He or she is meticulous, however, in assuring himself or herself of the propriety, under the law, of such actions and guards against the use of his office or person, whether knowingly or unknowingly, in any improper or illegal action. In any situation open to question, he or she seeks authority from his superior officer, giving him or her full report of the proposed service or action.

Article 6. Private Conduct The law enforcement officer is mindful of his special identification by the public as an upholder of the law. Laxity of conduct or manner in private life, expressing either disrespect for the law or seeking to gain special privilege, cannot but reflect upon the police officer and the police service. The community and the service require that the law enforcement officer lead the life of a decent and honorable man or woman. Following the career of a police officer man gives no man special perquisites. It does give the satisfaction and pride of following and furthering an unbroken tradition of safeguarding the American republic. The officer who reflects upon this tradition does not degrade it. Rather, he or she conducts a private life that the public regards as an example of stability, fidelity, and morality.

Article 7. Conduct toward the Public The law enforcement officer, mindful of this responsibility to the whole community, deals in a manner calculated to instill respect for its laws and its police service. The law enforcement officer conducts his or her official life in a manner that inspires confidence and trust. Thus, he or she is neither overbearing nor subservient, as no individual citizen has an obligation to revere him or her or a right to command him or her. The officer gives service where he or she can, and requires compliance with the law. He or she does neither from personal preference or prejudice but rather as a duly appointed officer of the law discharging his or her sworn obligation.

Article 8. Conduct in Arresting and Dealing with Law Violators The law enforcement officer uses his or her powers of arrest strictly in accordance with the law and with due regard to the right of the citizen concerned. His or her office gives him or her no right to prosecute the violator or to mete out punishment for the offense. He or she, at all times, have a clear appreciation of his responsibilities and limitations regarding detention of the violator; he or she conducts himself or herself in such a manner as to minimize the possibility of having to use force. To this end, he or she

Page 2 of 3 cultivates a dedication to the service of the people and the equitable upholding of their laws whether in the handling of law violators or in dealing with the law-abiding.

Article 9. Gifts and Favors The law enforcement officer, representing government, bears the heavy responsibility of maintaining, in his or her own conduct, the honor, and integrity of all government institutions. He or she therefore, guard against placing himself or herself in a position in which any person can expect special consideration or in which the public can reasonably assume that special consideration is being given. Thus, he or she should be firm in refusing gifts, favors, or gratuities, large or small, which can, in the public mind, be interpreted as capable of influencing his or her judgment in the discharge of his or her duties.

Article 10. Impartial Conduct The law enforcement officer is concerned equally in the prosecution of the wrongdoer and the defense of the innocent. He or she ascertains what constitutes evidence and presents such evidence impartially and without malice. In so doing, he or she does not ignore social, political, and all other distinctions among the person involved, strengthening the tradition of the reliability and integrity of an officer’s word.

The law enforcement officer takes special pains to increase his or her perception and skill of observation, mindful that in many situations his or her testimony is the sole impartial testimony to the facts of the case.

Article 11. Attitude Towards Profession The law enforcement officer regards the discharge of his or her duties as a public trust and recognizes his or her responsibility as a public servant. By diligent study and sincere attention to self-improvement, he or she strives to make the best possible application of science to the solution of crime and, in the field of human relationships, strive for effective leadership and public influence in matters affecting public safety. He or she appreciates the importance and responsibility of his or her office, and hold police work to be an honorable profession rendering valuable service to his community and his or her country.

______Print Name

______Signature Date

Page 3 of 3 Olmos Park Police Department

GENERAL ORDERS

I. Perform all duties professionally, while keeping on the alert for threats to human

life and general community safety.

II. Do not abandon, or leave assigned areas until properly relieved.

III. Obey all lawful orders of supervisors and command staff.

IV. Report all violations of orders and established policies of this agency.

V. Protect all members of society, especially those that are weak, physically or

mentally impaired, or accused of a crime.

VI. Do not allow, encourage, or ignore officers that abuse, threaten, or terrorize any

person.

VII. Do not violate the constitutional civil rights of any citizen, resident, or suspect, or

tolerate others doing so.

VIII. Immediately upon determining an individual is a criminal suspect, and before any

interrogation, advise the individual of their constitutional civil rights, to include:

a. The right to remain silent;

b. Understanding that anything said by the suspect may be used against them in

a court of law;

c. The right to an attorney; &

d. The right to have an attorney furnished at government expense, if the

individual cannot afford an attorney.

Page 1 of 2

IX. Immediately stop all interviews and interrogations, and make provisions to

provide a suspect their constitutional rights, upon request.

X. Do not have any personal relationships with suspects, accused, or persons

placed in your charge beyond that which is necessary and appropriate in carrying

out official duties.

XI. Do not accept money or any other gratuity for performing police or police-related

duties, unless expressly approved by the Police Chief.

XII. Be faithful to the trust and responsibility the public has placed in this profession

and you.

XIII. Do not lie, cheat, steal, or tolerate anyone who does.

Page 2 of 2

Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Professional Conduct Policy Number: 3.03

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

All employees of Olmos Park Police Department constantly strive to deal honestly, efficiently, and with integrity while on official duty, and strive to do the same in their personal lives. Officers and employees of this agency are mindful that their conduct and the public’s perception of that conduct effect the willingness of the public to support our critical mission.

PROCEDURES: 1. Sworn and civilian employees are always courteous when interacting with the public. 2. Employees avoid behaviors and practices that cause the public to question individual employee or agency integrity. 3. Off-duty officers, while in uniform, conduct themselves as though they were on- duty. 4. Employees do not reveal, or make public, any order, or information to any person unless the disclosure is authorized. 5. Officers are governed by reasonable and exemplary rules of good conduct and behavior whether on or off-duty. Officers always demonstrate morals and values expected by the community and do not commit any act that could adversely affect the Olmos Park Police Department, their fellow employees, or respect for the rule of law. 6. Officers always remember that they are sworn to uphold the law, abide by the policies and procedures of this agency, and the law, while protecting the rights of all people as afforded by the Constitution of the United States of America and the State of Texas.

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

Page 1 of 1 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Rules of Conduct Policy Number: 3.04

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Employees of Olmos Park Police Department conduct themselves professionally and responsibly at all times in order to uphold the trust and confidence placed in them by the community.

DISCUSSION:

A key ingredient of the law enforcement service we provide is maintaining the trust and confidence of the residents that we serve. We recognize that officers and employees of Olmos Park Police Department are high profile members of our community, and as such are subject to constant scrutiny. As a result, officers and employees always strive to set an exemplary model of citizenship. This often means using restraint, avoiding conflict, and working well with the public.

For purposes of this policy, the use of such terms officers, employees, members, or associates, applies to all employees of Olmos Park Police Department.

PROCEDURES:

General Guidelines: Employees follow both the spirit and content of the rules and policies established by this agency, and encourage compliance by fellow officers and employees. Command and supervisory staff are the role models and are expected to demonstrate leadership and set exemplary standards.

Section One - Obedience to Orders, Rules, & Laws:

1.1 Obedience to Rules of Conduct

All sworn and civilian employees are governed by the following general rules of conduct. Violations of any of these rules are considered sufficient cause for disciplinary action up to and including dismissal.

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1.2 Obedience to Laws

Officers and other employees abide by the laws of the United States, the State of Texas, and the ordinances or resolutions of Olmos Park.

1.3 Adherence to Olmos Park Police Department Rules

Officers and employees abide by the personnel policy and the general, special, and tactical orders, rules of conduct, and other properly issued internal directives of the agency.

1.4 Insubordination

Officers and employees promptly obey all lawful orders and directions given by supervisors and radio dispatchers. The failure or deliberate refusal of officers and employees to obey such orders is insubordination. Flouting the authority of a superior by displaying obvious disrespect or by disputing orders is likewise insubordination.

1.5 Issuance of Unlawful Orders

No supervisory officer or employee knowingly or willfully issues an order that violates a federal or state law, an Olmos Park ordinance or resolution, or an agency rule or policy.

1.6 Obedience to Unjust or Improper Orders

If an officer or employee receives an order believed to be unjust or contrary to ethics, policies and procedures of the agency, or contrary to the rule of law, he is to first obey the order to the best of his ability and then may appeal the order to the Police Chief.

1.7 Obedience to Unlawful Orders

No officer or employee is required to obey an order that is contrary to the laws of the United States, the State of Texas, the ordinances or resolutions of the Olmos Park, or policies established by this agency. If an officer or employee receives an unlawful order, he reports in writing the full facts of the incident and his action to the Police Chief thru the chain of command. If the order is perceived as dangerous, or places others at risk, the officer or employee receiving the order seeks immediate clarification from the next higher supervisor available before acting.

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1.8 Conflict of Orders

If an officer or employee receives an order that conflicts with one previously given him by a superior officer or employee, the officer or employee receiving the order is to respectfully point this out to the superior officer or employee who gave the second order. If the superior officer or employee giving the second order does not change the order in a way that eliminates the conflict, the second order stands and is the responsibility of the second superior officer or employee. If the second superior officer or employee so directs, the second order is obeyed first. Orders are countermanded when necessary for the good of the agency, and accomplishment of the mission.

1.9 Duty to Read, Understand, and Comply With Orders

Failure to read and comply with laws, rules and regulations, general and special orders, policies and procedures of the agency, or written or verbal orders of a supervisor is prohibited. It is neglect of duty to fail to inquire of a supervisor the meaning or application of any directive, policy and procedure, or order that is not clearly understood.

1.10 Issuance of Orders

Orders from supervisors to subordinates are addressed in professional, clear, understandable English; civil in tone, and manner; and, issued in pursuit of official business.

1.11 Conduct Unbecoming

Conduct that adversely affects efficiency, erodes public respect, or reduces confidence in government service is unbecoming and is prohibited. Examples of such conduct include, but are not limited to:

a. Fraud in securing employment; b. Filing a false, incomplete, or misleading report or record; c. Giving a knowingly false or misleading location, description of event, or other information during a radio, telephone, or verbal report; d. Conviction of any felony or of a misdemeanor involving moral turpitude, or the entry of a plea of no lo contendere to either; e. Misuse of government funds or property; f. Falsification or misuse of government records, including application forms, time and financial records, incident reports, case files, or personnel; g. Reporting to work or working under the influence of alcohol or substances that impair job performance, or the use of such substances during working hours; except prescribed medication that does not adversely affect the ability to perform assigned work tasks;

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h. Instigation of, participation in, or leadership of a strike, sit-down, stay-in, sympathy strike, walk-out, slow-down, sick-out, or any other interference with normal, efficient workflow; i. Concealment or failure to report any employment, ownership interest, or personal activity in conflict with the legitimate interests of the Olmos Park; j. Engaging in infamous, notorious, or disgraceful conduct that adversely affects the Olmos Park legitimate interests; k. Collecting a debt or conducting private business while on-duty or assigned to duty; l. Insubordinate, rebellious, disruptive, harassment, or disrespectful behavior toward other employees or government officials; or m. Fighting.

Section Two - Attention to Duty:

2.1 Performance of Duty

Officers and employees are to be attentive to their duties at all times, and perform all duties ascribed to them even if such duties are not specifically assigned to them in any rules or procedures.

2.2 Duty of Supervisors

Supervisors enforce the ethics, codes, rules, regulations, policies, and procedures of the agency. They do not permit or otherwise fail to prevent, violations of these important documents and practices. They take immediate action to correct deficiencies, or report violations to their immediate superiors immediately. When possible, they actively prevent such violations or interrupt them as necessary to ensure efficient, orderly operations.

2.3 Truthfulness

Officers and employees do not knowingly give any false or misleading information concerning the duties, responsibilities, or actions of the agency or any member thereof, nor withhold any information that is their duty to report, nor falsify any official documents.

2.4 Conduct and Behavior

Officers and employees, whether on-duty or off-duty, follow the exemplary and reasonable rules of good conduct and behavior and do not commit any act in an official or private capacity tending to bring reproach, discredit, or embarrassment to their profession, the agency. Officers and employees follow established procedures in carrying out their duties as law enforcement officers and employees of the agency.

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2.5 Responsibility to Serve the Public

Officers and employees consider it their duty to be of service to the public and to render that service in an impartial, considerate, professional, and patient manner. Officers and employees promptly serve the public by providing direction, counsel, and other assistance that does not interfere with the discharge of more critical law enforcement duties.

2.6 Respecting the Rights of Others

Officers and employees respect the rights of others and do not engage in discrimination, oppression, or favoritism. Officers and employees are to maintain a strictly impartial attitude toward complainants and violators. Use of profane, demeaning, or insulting language is not tolerated, nor is disrespect for the political or religious views of others accepted.

2.7 Officers Always Subject to Call of Duty

Officers respond to lawful orders of supervisors and to the call of citizens in need of law enforcement assistance. Off-duty officers are expected to take prompt and proper action when human life is perceived to be in danger. Officers and employees are subject to call twenty-four (24) hours a day and may be recalled from vacation, leave, or off-day whenever necessity demands.

2.8 Reporting for Duty, & Relief from Duty

Officers and employees promptly report for duty properly prepared at the time and place required by assignments, subpoenas, or orders. Officers and employees remain at their posts or place of assignment until properly relieved by another officer or employee or until officially dismissed by a supervisor. It is the relieving officers and employees’ responsibility to locate and meet with the officer or employee he is relieving. The officer or employee who is being relieved has the responsibility to pass onto his relief all pertinent information. The relieving officer or employee assists the officer or employee he is relieving in any way possible to expedite the relief and complete the officer or employee's tour of duty in a timely way.

2.9 Availability While on Duty

Officers and employees, while on duty, may not conceal themselves or maintain a hidden or low profile except for some assigned law enforcement purpose. Officers and employees keep themselves immediately and readily available at all times while on duty.

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2.10 Prompt Response to All Calls

Employees respond to all dispatched assignments without argument and unnecessary delay. No officer fails to aid, assist, or protect a fellow officer, employee, or citizen to the fullest extent of his or her professional capabilities. Calls are answered in compliance with policy and traffic laws.

2.11 Duty to Report All Crimes and Incidents

Officers and other employees promptly report all serious crimes, emergencies, incidents, dangers, hazardous situations and relevant information that come to their attention. Officers and employees may not conceal, ignore, or distort the facts of such crimes, emergencies, incidents, and information.

2.12 Responsibility to Know Area of Jurisdiction

Officers and other employees know the boundaries of the Olmos Park and remain familiar with the names of streets and highways within those boundaries. Officers and employees are too be familiar with the names and locations of businesses, public buildings, and as many residents as possible.

2.13 Sleeping on Duty

Officers and employees are alert throughout their tour of duty. Sleeping or napping while on duty is strictly forbidden.

2.14 Assisting Criminals

Officers and employees do not communicate in any manner, directly or indirectly, any information that may delay an arrest or enable persons suspected of criminal acts to escape an interview, interrogation, arrest, or punishment. Nor do officers or employees dispose or convert to their own use any property or goods seized or taken from a suspect, or destroy evidence of unlawful activity.

2.15 Reading on Duty

Officers and employees do not read newspapers, books, or magazines while on duty and in the public view unless authorized by a supervisor.

2.16 Studying on Duty

Officers and employees do not engage in any studying activity during their regularly assigned working hours that are not directly related to their current job assignment unless specifically authorized by their supervisor.

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2.17 Maintaining Communications

Officers remain directly available by normal means of communication while they are on duty or officially on-call, and promptly respond when called. On-duty officers maintain radio communications with the agency dispatcher while he/she is on-duty and radio equipped. Should an officer experience a technical malfunction with communications equipment, immediately report the condition and replace or repair the equipment as soon as practical. The use of personal communications devices such as cellular phones, or pagers, is approved – if the numbers of such devices are recorded and accessible by the dispatcher. Personal use of personal communications devices for other that law enforcement duties is to be limited while on duty.

2.18 Keeping Notes on Law Enforcement Activities

Officers and employees are required to maintain written notes on law enforcement matters such as calls, arrests, and other activities to the extent that they may later complete official reports and accurately testify in official proceedings. Officers are not required or encouraged to keep personal notes after the data in the notes have been entered into an official report. The written report is the record of choice.

2.19 Completing Official Reports

Unless otherwise directed, officers and employees promptly submit all reports completed prior to going off duty. All reports, forms, memoranda, citations, or other papers utilized in this agency are completed in ink, computer printed, or typed. Special projects may require deviation from this requirement.

2.20 Reporting Accidents, Injuries, & Discharge Events

Officers and employees immediately report the following types of accidents and injuries:

a. On-duty traffic accidents in which they are involved. b. Personal injuries received in the line of duty no matter how small in nature. c. Personal injuries not received in the line of duty but which are likely to interfere with performance of law enforcement duties. d. Property damage or injuries to other persons that resulted from the performance of his law enforcement duties. e. Every discharge of a firearm, explosive, or electronic stun device, less than lethal weapon, except when engaged in agency training exercise, firearms qualifications, or sporting event.

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2.21 Reporting Address and Telephone Number

Officers and employees have a working telephone and register their correct residence address and all telephone numbers with the law enforcement agency. This includes cellular phones. Any change in address or cellular number is reported immediately.

2.22 Testifying in Official Investigations

Officers cooperate fully, make statements, or furnish materials relevant to an official internal or criminal investigation as required.

2.23 Overtime

Authorized supervisors approve overtime requests prior to the actual work beginning.

2.24 Duty to be Prompt and Punctual

Employees and officers are prompt and punctual when reporting to their official duties or assignments.

2.25 Remaining at Duty Station

Employees and officers are required to remain at their duty assignment unless and until they are properly relieved. Absence from assigned workstation or duty without permission is prohibited.

2.26 Excessive Absenteeism

Habitual or patterned use of sick leave or leave without pay, not supported by competent medical evidence or other proof of necessity is prohibited.

2.27 Prohibited Association & Frequenting

Associating with people, organizations, or places known or suspected to be involved in criminal activity is prohibited unless necessary for law enforcement business.

2.28 Subversive Organizations

Officers and employees may not knowingly be members of, or affiliated with, any subversive organization whose avowed purpose advocates the overthrow or disruption of the lawful function of any federal, state, county, or municipal government.

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2.29 Duty With Regard to Civil Proceedings

No employee may initiate any civil proceedings arising out of a law enforcement activity without first notifying the Police Chief. Private civil actions that have no connection with a member’s agency position or official actions are not within the scope of this rule.

2.30 Supplies or Services

Officers and other employees may not use agency supplies or resources for personal use. The use of the time, authority, facilities, equipment, or supplies of the Olmos Park for private gain or advantage is prohibited.

2.31 Bulletin Boards

Employees and officers regularly read and comply with notices posted on official bulletin boards maintained at the direction of the Police Chief.

2.32 Refrained From Conducting Personal Business While On-Duty

Employees may not conduct personal business while on-duty without prior approval from their supervisor.

2.33 Use of Tobacco Products

Use of tobacco products while in any Olmos Park building, vehicle, or at any time while in personal contact with the public is prohibited. This policy does not apply to designated smoking areas at government or other public buildings.

2.34 Harassment Reporting & Protection From Retaliation

Persons reporting any form of harassment, discrimination, or unethical conduct are protected to the full extent allowed by law. No employee or officer reporting legitimate harassment, discrimination or unwarranted conduct is subject to retaliation in any form.

Section Three - Cooperation with Fellow Employees & Agencies:

3.1 Respect for Fellow Officers & Employees

Employees and officers treat other employees or officers with respect, as they would prefer to be treated. Each member of Olmos Park Police Department is courteous, civil, and respectful of their superiors and work associates.

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Command and supervisory personnel support subordinates in their actions and orders when they can do so reasonably. They avoid censuring subordinates in the presence of others and may not injure or discredit those under their authority by intentional or abusive conduct. This does not prohibit informal oral reprimands or constructive criticisms directed to a subordinate. Any acts of counseling, disciplining, complaining, or criticizing is most effective if done positively and constructively in an appropriate setting.

3.2 Supporting Fellow Employees

Employees and officers cooperate, support, and assist each other at every opportunity. Employees may not maliciously criticize the work or the manner of performance of another. It is the duty of every officer and employee to refrain from originating or circulating any malicious gossip to the intended detriment of the agency or any member thereof.

3.3 Case or Operations Interference

Officers and employees may not interfere with cases assigned to others without receiving clearance from the officer to which the case is assigned or as directed by a supervisor. Should interference occur, the assigned officer submits a written report to his immediate supervisor.

3.4 Cooperation with Other Agencies

Officers and employees of the agency cooperate with all governmental agencies by providing whatever aid or information such agencies are legally entitled to receive. Any doubts are passed to a supervisor for approval, before cooperation is rendered.

3.5 Disclosing Information Relating to Law Enforcement Activities

Discussion of operations and official business of the agency is prohibited outside of those authorized individuals that have a need to know.

3.6 Misconduct Known to Personnel

Failure to correct and report an employee's violation of a law, rule or regulation, policy or procedure, or a general or special order is prohibited. Reports are made to the next level supervisor, unless the supervisor is known or suspected to be involved in the alleged misconduct.

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Section Four - Restrictions on Behavior:

4.1 Interfering with Private Business

Employees of the agency do not interfere with the lawful business of any person.

4.2 Use of Intimidation

Officers and employees may not use their official positions to interfere, intimidate, or support persons engaged in a civil controversy.

4.3 Soliciting and Accepting Gifts and Gratuities

Unless approved in writing by the Police Chief, officers and employees of the agency do not solicit or accept any reward, gratuity, gift, or compensation for services performed as a result of their relationship with the agency. This restriction applies regardless of whether the service was performed on-duty or off-duty.

4.4 Soliciting & Accepting Gifts from Suspects, Detainees, or Prisoners

Officers and employees are strictly prohibited from soliciting or accepting any gift, gratuity, loan, fee or other item of value, or from lending or borrowing, or from buying or selling anything of value from or to any suspect, prisoner, defendant or other person involved in any case, or other persons of ill repute, or professional bondsmen, or other persons whose vocations may profit from information obtained from law enforcement.

4.5 Reporting Bribe Offers

If an officer or employee receives a bribe offer, he immediately makes a written report and submit the report his immediate supervisor.

4.5 Accepting Gifts from Subordinates

Without approval from the Police Chief, employees may not receive or accept any gift, reward, or gratuity from subordinates.

4.6 Giving Testimonials and Seeking Publicity

As it may pertain to their employment with the agency, officers, and employees do not give testimonials or permit their names or photographs to be used for commercial or political advertising purposes. Officers and employees do not seek personal publicity either directly or indirectly in the course of their employment.

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4.7 Soliciting Business

Officers and employees do not solicit subscriptions, sell books, papers, tickets, merchandise or other items of value nor collect or receive money or items of value for any purpose while on duty unless specifically authorized in writing by the Police Chief.

4.8 Intoxication

Officers and employees are not to be under the influence of any intoxicating beverage or substance during their tour of duty or immediately prior to their tour of duty. Nor are officers and employees intoxicated off duty while in the public view.

4.9 Drinking While in Uniform or On–Duty

Officers or other employees do not consume alcoholic beverages while in uniform, on-duty, on government property, or in an official vehicle of this agency unless specifically authorized to do so in the course and scope of a clandestine investigation. Officers and other employees do not drive or operate motor vehicles within eight hours after consuming alcoholic beverage(s).

4.10 Liquor on Official Premises

Officers and employees do not bring containers of intoxicating beverages into a building or a vehicle except as properly sealed and marked as evidence in a criminal or juvenile case.

4.11 Entering Bars, Taverns, & Liquor Stores

Other than for the purpose of performing their official duties, officers and employees on duty or in uniform do not enter or visit any bar, lounge, parlors, club, store, or any other establishment whose primary purpose is the sale or on-premise consumption of alcoholic beverages. Officers and employees on duty or in uniform do not purchase alcoholic beverages, except as part of a documented investigation.

4.12 Playing Games on Duty

Officers and employees on duty or in uniform do not engage in any game of cards, billiards, pool, chess, dominoes, electronic, or other games.

4.13 Political Activity

Officers and employees do not participate (e.g., make political speeches, pass out campaign or other political literature, write letters, sign petitions, actively and openly solicit votes) in political campaigns while on duty or in uniform. All employees who

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have classified status as defined by state law are expected to be familiar with the prohibitions and the exceptions to those prohibitions imposed upon classified employees relative to partisan political activities. No classified employee engages in any partisan political activity prohibited by statute.

4.14 Seeking Personal Preferment

Officers and employees do not solicit petitions, influence, or seek the intervention of any person outside the agency for purposes of personal preferment, advantage, transfer, advancement, promotion or change of duty status for themselves or any other person.

Section Five - Identification and Recognition:

5.1 Giving Name and Badge Number

Officers and employees give their names, badge number, to any person requesting such facts. Exceptions are those conditions when doing so would jeopardize the successful completion of a law enforcement assignment, or when requested to do so by a prisoner.

5.2 Carrying Official Identification

Officers have official law enforcement identification available at all times unless involved in sanctioned covert activities, engaged in athletic or physically challenging activities.

5.3 Personal Cards

Business cards showing connection to the agency are approved by the Agency

5.4 Exchange, Alteration, or Transfer of Badge, Patch, or Logo

The official badge, patch, or logo of the agency is not to be altered, transferred, or exchanged except as authorized by Police Chief. The exception to this practice is the exchanges of patches, or lapel pin badges with other law enforcement agencies.

Section Six – Maintenance & Use of Olmos Park Property:

6.1 Use of Olmos Park Property or Service

Officers and employees do not use or provide any Olmos Park equipment or service other than for official Olmos Park business unless specifically authorized by the Police Chief.

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6.2 Responsibility for Olmos Park Property

Each officer or other employee is responsible for keeping all agency equipment clean and in good working order. Careful effort is made to protect property from loss, damage, or destruction. Employees deemed responsible for the loss or damage of issued items may, in addition to any other disciplinary action may be required to compensate the agency for the loss or damage. Any equipment that becomes damaged or lost is immediately reported in writing.

6.3 Reporting Needed Repairs

Officers and employees promptly report the need for repair of Olmos Park-owned property to their supervisor. This includes needed repairs to safety equipment and vehicles.

6.4 Responsibility for Private Property

Officers and employees are responsible for protecting private property or equipment that has come into their possession by reason of their office against loss, damage, or destruction. The agency assumes no responsibility for any personal property of the officer’s in case of loss or damage.

6.5 Care of Quarters

Officers and employees keep their offices, vehicles, lockers, and desks neat, clean, and orderly.

6.6 Property & Evidence Security

Officers and employees tag and place all evidence in the custody of the evidence officer as soon as possible. Officers and employees do not convert to their own use, manufacture, conceal, falsify, destroy, remove, tamper with, or withhold any property or evidence held in connection with an investigation or other official action except in accordance with established procedures.

6.7 Alteration or Modification of Law Enforcement Equipment

Officers and employees may not use any equipment that does not conform to policy or specifications. All equipment is carried and utilized only as issued and authorized, and no changes, alterations, modifications, or substitutions are to be made to such equipment unless approved by the Police Chief.

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6.8 Parking in Unauthorized or Reserved Parking Spaces

Parking in designated handicap permit spaces, reserved or restricted space, or marked fire lanes, unless responding to an declared emergency, is strictly prohibited.

6.9 Use of Communications Equipment

The use of Olmos Park computers, telephones, radios, stationary, fax, mails, delivery service, or other communication devices or systems for personal use are forbidden. This includes the use of internet communications, and the downloading of material for personal use or retention.

SECTION SEVEN: Relationships with Courts and Attorneys

7.1 Attendance in Court

Officers and other employees arrive on time for all required court appearances and prepared to testify.

7.2 Recommending Attorneys or Bondsmen

Officers and other employees may not suggest, recommend, advise, or counsel the retention of a specific attorney or bondsman to any person coming to their attention as a result of law enforcement business.

7.3 Testifying for a Defendant

Any officer or employee subpoenaed or requested to testify for a criminal defendant, against the Olmos Park or against the interest of the agency in any hearing or trial immediately notifies the Police Chief through the chain of command. Likewise, employees or officers subpoenaed to judicial hearings honor said subpoena and notify their immediate supervisor in a timely manner.

7.4 Interviews with Attorneys

Interviews between an officer or employee and a complainant's [criminal] or Plaintiff’s [civil] attorney about a case arising from the officer's employment by the agency is done only in the presence of or with the knowledge and consent of the Police Chief.

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7.5 Assisting in Civil Cases

Officers and other employees do not serve civil-process papers nor render assistance in civil cases except as required by law and approved by the Police Chief. Officers and other employees do not volunteer to testify in any civil action arising from agency duties. Any testimony provided in civil cases, where the agency or Olmos Park is not a named party, is provided by the employee or officer during off-duty time. The officer or employee providing such testimony states in the record . . . My appearance and testimony in this civil action, is not authorized by, connected to, or sanctioned by Olmos Park Police Department.

7.7 Notice of Lawsuits Against Officers & Employees

Officers and other employees who have had a suit filed against them because of an act performed in the line of duty immediately notifies the Police Chief in writing and furnish a copy of the complaint as well as a full and accurate account of the circumstances in question.

7.8 Notice of Investigation, Arrest, or Citation

Officers and employees who become the subject of citations or arrest actions immediately notify the Police Chief in writing. Any officer or other employee who has reason to know they are the subject of a criminal or civil action immediately notifies their supervisor, who in turn notifies the Police Chief.

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Subject: Abuse of Position Policy Number: 3.05

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Employees of Olmos Park Police Department decline any special privileges or exemptions for themselves or for any: 1. Spouse; 2. Child; 3. Parent; 4. Other family member or relative; 5. Friend; 6. Acquaintance; or 7. Non-acquaintance.

DEFINITIONS:

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

 Conflict of interest - A situation for which a person may have more than one specific self-interest in the outcome.

PROCEDURE:

Abuse of Position: In compliance with agency procedure, members of Olmos Park Police Department know the following situations are abuses of position: 1. Becoming involved in a situation that is a conflict of interest; or 2. Use of authority for the purpose of financial gain.

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Conflict of Interest Regarding Abuse of Position: Officers of the agency are to avoid becoming involved in any situation, either on or off duty, for which a conflict of interest is present. If an officer responds to a call for which a conflict of interest presents itself, the officer is to control the situation, request a supervisor to respond, and cease any further involvement in the situation after being properly relieved. Officers are expected to be familiar with, and abide by, the laws of this state regarding conflicts of interest and ethical constraints present by virtue of their position. These laws relate to both officers and a range of defined family members and business relationships.

Financial Gain Regarding Abuse of Position: Employees of Olmos Park Police Department, while in their official capacity, NEVER: 1. Accept payment, cash, or property for services delivered in their capacity as an employee of this agency. Any officer confronted with such a situation immediately completes a report and forward it to the Police Chief; 2. Accept any gift or gratuity from a subordinate, unless approved by the Police Chief; 3. Attempt to negotiate any payment of cash or property from another person or institution in his or her capacity of official police business. Any abuse of this authority is subject to disciplinary action; 4. Seek, encourage, or exchange sexual favors or contact with anyone while in the performance of their duties; 5. Give testimony or use their name or photograph regarding commercial advertising, unless approved by the Police Chief; 6. Seek personal publicity, either directly or indirectly, in the course of their employment; 7. Solicit subscriptions; or 8. Sell books, papers, tickets, merchandise, or any other items of value, unless specifically approved by the Police Chief.

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Subject: Corruption Prevention Policy Number: 3.06

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department does not condone corruption. Further, this agency investigates complaints or allegations of corruption, and takes administrative, disciplinary, and even criminal action when corruption is detected. We are ever mindful that the public expects us to have and maintain high ethical standards.

DEFINITIONS:

 Corruption - Acts involving the misuse of authority by police officers in a manner designed to produce personal gain for the officer or others.

 Supervisor - Employees having day-to-day responsibility for management and oversight of subordinates and/or are responsible for commanding a work element.

PROCEDURES:

Establishment & Maintenance of Professional Standards:  Philosophy, Goals, and Values: Olmos Park Police Department periodically reviews, and updates our statement of goals, values, and general philosophic approach to law enforcement. These statements appear throughout this policy manual and constantly reinforced.  Code of Ethics: We periodically review, and update if necessary, our code of ethics. Each employee is provided with a personal copy of the code of ethics, which is contained in this manual.  Rules of Conduct: The Rules of Conduct are included in the policy manual. All employees are required to read, understand, and follow these rules.

Employees are instructed to seek answers from their supervisors regarding any question regarding corruption, ethics, procedural, or personal conduct.

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Proactive Prevention Measures: The CID Investigator is responsible for managing corruption responsibilities that include: 1. Reviewing citizen and internal complaints for indicators of misuse or abuse of police powers for personal gain. 2. Reviewing the findings of internal affairs investigations for patterns that are indicative of corrupt behavior. 3. Reviewing duty assignments to ensure that periodic rotations occur consistent with agency policy. 4. Investigating citizen complaints in which corruption is suspected. 5. Consistent with applicable laws, codes, and policy, reviewing regular and overtime pay, and off-duty income to determine instances of corruption. 6. Reviewing the findings of inspection reports to identify indicators of corruption. 7. Providing effective means for citizens and employees to report behavior indicative of corruption. 8. Providing reports to the Police Chief and to the community with regard to the number of corruption cases investigated and the number sustained. 9. Providing public education necessary to promote citizen awareness of corruption prevention.

Responsibilities of Supervisors: Supervisions play a key roll in deterring corruption by: 1. Setting a high moral and ethical standard and example. 2. Being held reasonably accountable for corruption that occurs within their area of supervision or command. 3. Reporting suspicious employee behavior that may indicate corruption, whether on and off-duty activities. 4. Knowing that higher-level supervisors are reviewed when subordinates are charged with corruption violations. 5. Knowing and supporting that internal affairs investigators direct a reasonable portions of inspections toward discovering corruption violations. 6. Rotating assignments in their units to broaden officers’ experiences and discourage patterns of corruption.

Responsibilities of Higher Level Supervisors : Command level officers: 1. Set the example for subordinates by word and deed. Corruption violations on the part of managers are vigorously prosecuted. 2. Monitoring the activities of their subordinate supervisors with special regard to supervisors’ concern for responsibility and integrity within respective units. 3. Conduct the recruitment, selection, and training processes with an acute awareness that integrity in the workplace correlates with the quality of the employees. 4. Conduct training in corruption prevention, ethics, integrity, and professional standards for all levels of the agency.

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5. Establish a process to recognize employees who exemplify high ideals, integrity of service, and the professionalism of the agency.

Responsibilities of All Employees: Everyone is expected to avoid situations where a temptation to conduct or condone corrupt behavior is likely to occur. Employees are responsible for providing timely information to their supervisors or command-level officers when they suspect or know of corrupt practices.

Specific and Critical Procedures - Narcotics Enforcement: 1. Two or more officers should be present during any arrest resulting from a planned drug operation. 2. Confidential informants and drug buys conform to control, bookkeeping, and accountability practices. 3. Evidence is secured and processed strictly in accordance with agency practices, to include the securing of all suspected controlled substances, money, and other valuables in sealed containers under the security of two or more officers. 4. Inventory of all seized items is conducted with two or more officers, who signify by signed affidavit that all items seized are accounted for. 5. Officers never retain possession of controlled substances, money, or other seized valuables beyond the end of their assigned shift. 6. An unguarded law enforcement vehicle is not a secure location for seized items.

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Subject: Employee Selection & Policy Number: 3.07 Placement Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department places a priority interest in the selection and placement of personnel given the constraints of budget, operational objectives, and economy of force. This agency strives to meet and exceed state standards on officer qualifications for employment while maintaining an equal employment opportunity and discrimination-free environment.

DEFINITIONS:

 Economy of force - The principle of employing available resources in the most effective way possible, in an attempt to allocate a minimum of essential manpower and equipment to any secondary efforts. This allows for the judicious employment and distribution of resources towards the primary objectives of the agency. No part of an agency’s team should ever be left without purpose.

 Moral turpitude – The act of baseness, vileness, or the depravity in private and social duties, which man owes to his fellow man or to society in general, contrary to accepted and customary rule of right and duty between man and man. Act or behavior that gravely violates moral sentiment or accepted moral standards of community and is morally culpable quality held to be present in some criminal offenses as distinguished from others. The quality of a crime involving grave infringement of the moral sentiment of the community as distinguished from minor laws.

PROCEDURE:

Equal Employment Opportunity: Olmos Park Police Department is an Equal Opportunity Employer that supports the Americans with Disabilities Act (ADA) and responds to reasonable requests for job accommodations and take reasonable action to employ qualified individuals with disabilities. This agency is committed to making reasonable sustained, diligent efforts to identify and consider such individuals for employment and for possible advancement

Page 1 of 4 Law Enforcement Policies and Procedures, 3.07 Employee Selection & Placement opportunities arising during employment.

It is the sworn duty of all law enforcement officers to uphold the constitutional rights of all individuals. Olmos Park Police Department strictly prohibits any retaliatory action against an employee for opposing a practice, which he or she believes to be discriminatory. This includes the filing of an internal complaint or the filing of a complaint with a state or federal civil rights enforcement agency.

Maintaining the ideals of equal opportunity employment, no individual inquiring about employment within Olmos Park Police Department may be discriminated against based on: 1. Race, 2. Color, 3. Religion, 4. Sex, 5. Age, 6. National origin, 7. Disability, 8. Honorable military service, 9. Disability, 10. Marital status, or 11. Political affiliation.

All employees are expected to abide by the procedures as outlined within this policy. Violation of this policy subjects an employee to disciplinary action, up to and including dismissal.

Employment Requirements: All persons seeking employment with the agency, as a law enforcement officer are to: 1. Be a United States citizen; 2. Be a resident of Texas or become a resident within ninety [90] days of employment; 3. Be at least twenty-one [21] years of age; 4. Possess a valid Texas Driver’s License; 5. Have a high school diploma or GED; or 6. Have 12 semester hours credit from an accredited college or university; 7. Successfully complete the minimum training required for licensure; 8. Never have been convicted of a felony or misdemeanor involving moral turpitude or is not currently under indictment for any criminal offense; 9. Have no previous or current charges of driving while intoxicated or driving under the Influence of drugs or alcohol; 10. Never been convicted of any family violence offense; 11. Not be prohibited by state or federal law from operating a motor vehicle; 12. Not be prohibited by state or federal law from possessing firearms or ammunition; 13. Be subject to a thorough background investigation and personal interviews by Olmos Park Police Department personnel; 14. If served in the armed forces of any country, demonstrate stability, reliability, &

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integrity, by having an Honorable Discharge [Dishonorable, General, or Medical discharges are not acceptable]; 15. Have never had a commission or peace officer license denied by final order or revoked; 16. Not be currently on suspension, or have a voluntary surrender of an job related license currently in effect; 17. Demonstrate honesty and integrity, by successfully completing pre-employment polygraph and drug testing; 18. Demonstrate good general medical health as determined by a medical doctor, who is licensed by the Texas State Board of Medical Examiners, and physical performance testing; 19. Free from illegal drug use, or legal drugs that impair mental or physical performance, for the past 5 years, as determined by interview, medical, or polygraph testing; 20. Be declared in satisfactory psychological and emotional health by an Olmos Park psychiatrist who is licensed by the Texas State Board of Medical Examiners or psychologist, who is licensed by the Texas State Board of Examiners of Psychologists; & 21. Be fingerprinted and subjected a search of local, state, and national records and finger print files.

Physical & Mental Testing of Sworn Officers: Individuals applying for a position as a sworn officer of this agency are to continually demonstrate the ability to perform essential job functions under stressful and often confusing circumstances. At time of application and periodically thereafter officers may be required to demonstrate these abilities without assistance. Minimum demonstrations of ability are: 1. Disassembling, reassembling, loading, firing, and performing malfunction drills with a revolver, semi-automatic pistol, and shotgun; 2. Handcuffing and restraining resisting suspects; 3. Giving loud verbal and hand signal commands that can be understood at 50 yards; 4. Standing, walking, sprinting, laying down, rolling-over, and jumping on verbal command, and in rapid order; 5. Dragging 165 pounds of dead weight over 25 yards; 6. Picking up and carrying 100 pounds of dead weight over 25 yards; 7. Using a long baton, and chemical dispensing weapons on command; 8. Accurately and consistently following verbal, written, and hand signal commands, without hesitation, or assistance; 9. Quickly closing large, heavy doors; & 10. Running up and down two [2] flights of stairs.

An applicant for a sworn position that cannot perform these minimum tasks is not acceptable.

Acceptance of Applications:

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Employment applications are accepted at any time, even if all positions are filled, for future evaluation. The completion of a regular application form ensures that each candidate be considered for all positions within the agency for which he is qualified. Applications are kept on file for at least twelve months, after which the application is destroyed. Applications of hired individuals are maintained in their employee file. Applicants, at the time of application, are advised that their application is kept on file for further review for twelve months unless the applicant request that the application not be maintained for further consideration.

Disqualification of Applicants: Applicants may be disqualified for a number of reasons, including, but not limited to: 1. Not possessing the minimum qualifications for the position; 2. Failing to be punctual in taking prescribed tests or undergoing evaluation; 3. Making fraudulent statements during interview, or on any application; or 4. Failing to properly complete the application in the manner prescribed.

Continued Employment Standards: To be eligible for continued employment an employee, in addition to other conditions and standards, meet the requirements as specified in Employment Requirements, above.

Page 4 of 4 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Critical Incident Reporting Policy Number: 3.08

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Officers and employees of Olmos Park Police Department prepare written reports and document evidence, to manage the agency, memorialize events, and support the criminal justice process through effective communications.

PROCEDURE:

Significant law enforcement related incidents taking place within the scope of knowledge, of the officer or employee including but not limited to, acts of violence, injury to officers or employees, motor vehicle or other accidents, discharge of a firearms, use of force incident, and any other incident perceived to be of concern to the Police Chief, is reported to the Police Chief, through the Supervisors by officers or employees having direct knowledge of the facts. Critical incidents such as the above are reported verbally with written follow-up reports detailing the facts of the incident.

Reporting Requirements: For reporting purposes, incidents are organized into levels of seriousness, as defined below. As a rule: Never let the Police Chief hear about an incident from someone outside of the agency! When this occurs, it demeans the integrity and professionalism of the agency, and ultimately creates more work for everyone involved as . . . they play catch- up.

Priority I Incidents are reported at once to the Police Chief, Supervisors or their designee, and include but are not limited to, the following: 1. Death or serious bodily injury of an officer, employee, volunteer, visitor, detainee, or prisoner; 2. Extensive property damage resulting from fire, man-made or natural disaster, or terroristic threat or action; 3. Actual, suspected, or attempted hostage taking; 4. Anticipated or actual deployment of SWAT or other special operations unit; 5. Use of a weapon during a felony act; 6. Assaults where a weapon is involved;

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7. Riot or use of riot control equipment; 8. Suicide attempt or perceived expression of intent; 9. Escape from custody; 10. Actual or suspected sabotage threatening major property damage or prolonged disruption of law enforcement services, such as arson, power loss, communications (i.e., telephone, CCTV , computer, alarm, etc.); 11. Inoperative heating, cooling, ventilation plant within any law enforcement facility; 12. Occurrences which the shift supervisor believes may result in an unusual level of public attention; 13. Power outage in excess of one hour, or any time during non-daylight hours; 14. Alleged violent criminal act committed by a person visiting or working in the facility, including acts committed by staff that may result in felony criminal charges; 15. High speed vehicle pursuit; 16. Discharge of a firearm by an employee other than in training, agency qualification, or sporting event; or 17. Injuries requiring major emergency medical attention.

Reporting Requirements for Employing Deadly Force: Each officer involved in the use of force, or who witnessed the incident or responded to the scene completes a written report. Witness reports are completed no later than the conclusion of the shift in which the incident occurred and filed with the Police Chief.

Officer(s) who used or employ deadly force are to refrain from completing any reports or statements for at least twelve [12] hours. Investigators should debrief the officer(s) for basic details only and then transport the officer(s) home, after advising him/her not discuss the incident with anyone except their legal counsel. Upon return to duty the next day, the officer(s) involved in the deadly force incident, first review the Use of Force Policy, then complete his report, and make all required statements. The officer(s) provide all required information as if they were a witness to the incident, first hand perception of events at the time, and the corresponding force options used. Special attention is given to any deviation from policy and the officers’ training.

All reports completed by the officers using force, other officers, or witnesses, include the following: 1. A description of the events leading to the use of force or deadly force; 2. Original incident that precipitated the actions of the officer; 3. Accurate description of the incident and reasons for employing force; 4. Description of the weapon or device used and the manner in which it was used; 5. Description of any injuries suffered, and the treatment given or received; 6. List of all participants and witnesses to the incident; 7. Alleged or suspected incapacitation of an on-duty officer due to illness, medication, mental illness, drug or alcohol abuse; 8. Allegation of sexual abuse or harassment, alleged against an officer or employee; &, 9. Copy of all incident reports compiled because of the incident.

Again, officers are cautioned to review the Use of force policy before writing reports involving the use of force by officers.

Priority II Incidents are reported by phone and followed up shortly thereafter in writing and before the end of the shift and include, but are not limited to, the following: 1. Observed or reported suspect or detainee abuse; 2. Use of restraints or physical force that results in injury requiring medical attention; 3. Self-mutilation by a detainee; 4. Seizure of a large quantity of contraband; 5. Physical confrontation between staff members; 6. Substance abuse, possession of illegal substances, or unauthorized possession by inmates or prisoners of substances that could cause serious bodily harm; 7. Reported or suspected illness from highly contagious diseases; & 8. Injuries that do not require emergency room care or hospitalization.

Priority III incidents include other acts or situations not covered by Priority l and ll. Such incidents are reported through established command channels at the discretion of the shift supervisor.

If an employee is in doubt concerning whether or not an occurrence should be reported, err on the side of caution, and report the incident.

Report Preparation: Reports prepared by employees of Olmos Park Police Department: 1. Answer the following questions: a. Who was involved? All persons involved are identified by their role, as suspects, victims, witnesses, etc. Obtain names and aliases if one is used. b. What happened? Exactly what type of offense was committed, and what types of items, weapons, tools, or equipment was apparently used. What was the actor’s modus operandi? Did the actor use direct attack, or were his tactics more indirect or crafty. c. When did it occur? Record the crime discovery time, and the time the crime is likely have occurred. For example, when discovering a body and there is fresh blood nearby; use a term such as recent, and look for other clues as to the time of death. Also, indicate the time witnesses and victims are contacted, and arrests made. d. Where did it happen? Location is to be as exact as possible. Look for evidence that the crime could have started somewhere else, and ended up at the reported location. e. Why did this incident occur? Was the apparent motive or purpose of the crime revenge, gang related, personal gain, thrill, drug-related, accidental, etc.? f. How did it happen?

Based on reasonable observations at the scene, and information provided by witnesses, explain . . . how the incident occurred. g. Follow-up What action was taken to correct the situation? Were any officers or employees disciplined? Was medical attention provided? Etc.? 2. Never use radio codes or numerical designations in reports; 3. Print or write legibly, except for officer’s signature; 4. Be objective and unbiased, recording information whether positive or negative; 5. Place and discuss events in chronological order; &, 6. Keep a copy of the report for future reference.

Report Style: Good reports, even technical reports contain many facts, but should be easy to read and understand. Remember, the reports you write today may be seen by a jury tomorrow, and you are judged by the way you write, what you say, and the way it is stated. 1. Write the way you talk in a normal conversation. 2. Write in the past tense. 3. Use a dictionary and a thesaurus if necessary. 4. Use everyday words and avoid unfamiliar wording. 5. Avoid using law enforcement jargon. 6. Lastly, read over your report when you are finished.

A good report is always:

Concise Reports are not lengthy or wordy. The resulting document reports the facts in a clear and concise fashion.

Accurate Spelling and punctuation should be correct.

Factual Reports should only contain factual information. The writer is to be fair and objective. Opinions should not be stated in reports.

Exact Reports should always be proofread to ensure that they describe the facts accurately in the right order and sequence. Have another officer or supervisor read the report.

Confidentiality of Records: Records contain critical and potentially life threatening information. Such mundane information as addresses and phone numbers, if released into the wrong hands, can cost an officer or witness their life. Specific laws protect the release of much of this information. It is the duty of every employee to be familiar with these laws and ensure that protected information is not inadvertently released. Records and files are collected and disseminated on a need-to-know basis and only after thorough review by individuals trained in such matters including appropriate notifications of requests for information and the materials that may be subject to redaction or judicial review. Just because an officer or employee is an

RESTRICTED LAW ENFORCEMENT DATA This data is proprietary and shall not be duplicated, disclosed, or discussed without the written permission of this agency. Data subject to this restriction is contained throughout this publication . Page 4 of 5 Law Enforcement Policies and Procedures, 3.08 Critical Incident Reporting employee of this agency does not mean that he or she needs or should know vital information about issues they are not involved in or investigating. Therefore information is not released until after verification of a need-to-know is established.

Subject: Quality Assurance Policy Number: 3.09

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

The Police Chief maintains this quality assurance system to promote the Olmos Park Police Department agency mission, maintain standards of ethical behavior, and ensure that critical services provided by the agency meet community expectations. This plan actively evaluates our daily performance and solicits measurable input from those we serve.

DEFINITIONS:

 Quality Assurance [QA] - An affirmative process that measures and evaluates the quality of performance. This process defines the measurement criteria for the services provided, including benchmarks for completeness, compliance, consistency, and documentation.

 Quality Assurance Officer [QAO] - The sworn officer responsible for managing, auditing, and reporting the quality of performance within a law enforcement agency.

 Quality Assurance Plan [QAP] - The system developed by the QAO and adopted by the Police Chief which monitors and evaluates the quality of law enforcement and other services performed by the Olmos Park Police Department.

DISCUSSION:

Quality Assurance [QA] is not a substitute for good management and supervision, but rather an important tool for managers and supervisors. QA routinely evaluates the law enforcement services our agency provides. During each evaluation phase, quality input is gathered from citizens, fellow officers, government officials, and especially those requesting

Page 1 of 7 Law Enforcement Policies and Procedures, 3.09 Quality Assurance law enforcement services. Evaluation of our law enforcement services emphasizes: 1. Completeness – services were provided in a timely manner, and at the appropriate level; 2. Compliance – services and the manner in which it is provided meets applicable standards, the law, and our policies and procedures; 3. Consistency – services are, and have the appearance of being administered in a fair and consistent manner; & 4. Documentation – services are detailed in reports and other processes to aid prosecution, while assisting management in improved control.

The QA Plan [QAP] details the activities to be performed in providing independent verification and validation of our services. The QAP: 1. Includes objective evaluation of processes and services against applicable standards and requirements; 2. Identifies non-compliance; 3. Provides timely quality status feedback to management and affected personnel; & 4. Follows-up to ensure noncompliance issues are addressed.

PROCEDURES:

Responsibilities of Quality Assurance Officer:

The QAO reports to the Police Chief The QAO assists the Police Chief by: 1. Playing a key role in collecting information, performing analysis, and reporting on the law enforcement services we provide to our community; 2. Performing sampling of employees performance; 3. Reporting to the Police Chief on a bi-weekly basis regarding the quality of compliance with agency policies & procedures, management and supervision, community needs and wants, and recommendations for improvement of law enforcement service delivery. 4. Monitoring and conducting research on new laws and standards that might effect our agency as issued by state and federal legislatures and courts, and reporting this information with appropriate recommendations to the Police Chief; & 5. Preparing recommendations on policies and procedure updates, training curriculum, forms, hours and places of coverage of the agency following the discovery of agency inadequacies, with prior approval of the Police Chief and Second in Command.

Monthly Performance Evaluation: The QAO regularly and consistently: 1. Sample agency employees in order to produce a monthly quality performance report. This sample includes the appraisal of: a. Employee conformity to the policies and procedures of the agency in their daily activities; & b. Effectiveness of training programs and instructors supporting agency operations. 2. Observe the achievement levels and applicability of on-the-street tasks as

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performed by employees. Meet with the Police Chief bi-weekly to discuss preliminary observations and findings, analysis, and recommendations; 3. Establish a long-term performance evaluation plan based on key service and performance issues as recommended to, and approved by the Police Chief; 4. Conduct all sampling inspections randomly, and based on a predetermined schedule; 5. Post up-coming sampling criteria, prior to the beginning of each month on the agency bulletin board; 6. Brief officers personally at shift change, on or before the 15th of each month, on sampling inspections results for the previous month, including comments from the Police Chief regarding results and his achievement goals for the up-coming monthly period; 7. Compile reports at month’s end noting compliance and non-compliance ratings, for each evaluated issue, and recommendations to improve policy and procedure; 8. Forward reports to the Police Chief for review; and after approval, brief all employees on the results; 9. Provide individual feedback to employees in conjunction with supervisors regarding job performance; & 10. Recognize, in conjunction with supervisors, employees who have shown significant improvement or who were outstanding in job performance.

Establishing the Monthly Sampling: The Police Chief determines the performance items to be sampled each month. However, it is the job of the QA Officer to prepare the recommended sampling for the upcoming month and present it for approval.

Certain key performance samplings occur each month to establish a benchmark, while other optional items are included from time to time as a means of addressing short- range goals or concerns.

Consistent and recurring sampling items may include issues such as citizen complaints, constitutional warnings, crime prevention, routine traffic violations, complaints about officers, use of safety equipment, etc.

Unscheduled Samples: The QAO may observe unsatisfactory performance or opportunities for improvement that are not scheduled for random sample that month. These observations are noted and reported to the appropriate supervisor, Police Chief. However, any non-compliant incident may not be reported in the analysis section of the months QAP as this was not a sampled issue. The incident may be reported in a non-sampled observation section of the report if disregard of the observed conduct would result in possible criminal or civil liability for the officer or agency.

Sampling Forms: See Attachment A and B of this policy for examples of sampling schedule and audit

Page 3 of 7 Law Enforcement Policies and Procedures, 3.09 Quality Assurance checklist. Attachment B provides the Quality Assurance Officer with a means of rating Olmos Park Police Department on a scale of one [1] through five [5] based on ten [10] questions. The agency may receive a possible fifty [50] points based on the ten [10] questions.

Page 4 of 7 Law Enforcement Policies and Procedures, 3.09 Quality Assurance

Attachment A: QA Schedule

Attachment A includes the QA Schedule Form to be used for documenting planned QA tasks and actual completion dates.

QA Schedule Form

Task Planned Actual Planned Actual Start Date Start Complete Complete & Time Date & Date Date Time

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Attachment B: QA Audit Checklist Form

While performing the official duties of a Quality Assurance Officer, please score your perceptions of your police agency based on the following ten questions. Please rate agree or disagree with the following statements by circling one number that most fits your views.

1=Strongly Disagree, 2=Disagree, 3=Sometimes Agree, 4=Usually Agree, 5=Totally Agree

QA Audit Checklist

Service or Process: Audit Criteria Rating Notes process audit criteria> 1. Citizen complaints are responded 1 2 3 4 5 to within forty-eight hours?

2. Officers carry and use warning 1 2 3 4 5 cards before questioning a suspect?

3. Officers use safety equipment in 1 2 3 4 5 their vehicles including: seat belts, reflective vests, and bright colored rain coats while on patrol or working in traffic?

4. During stops for traffic or minor 1 2 3 4 5 offenses, officers are polite, courteous, and advise members of the public why they were stopped?

5. Officers observe all traffic laws and 1 2 3 4 5 set the example for other motorists?

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6. Officers follow the agency use of 1 2 3 4 5 force ladder to the degree necessary to accomplish required tasks?

7. Officers know and can articulate 1 2 3 4 5 that deadly force is only to be used as a last resort?

8. Uniformed officers are inspected 1 2 3 4 5 by supervisors before commencement of each shift?

9. Arrested suspects and prisoners 1 2 3 4 5 are handcuffed, and secured in appropriate vehicles?

10. Officer reports are neatly written, 1 2 3 4 5 contain key facts, and use correct grammar and spelling? Non-conformances:

Total score out of a possible 50 points: ______

QA Officer: Date:

Page 7 of 7 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Civil Litigation Policy Number: 3.10

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department takes proactive measures to limit the causes and impact of civil litigation filed against its officers, supervisors, and administration.

DEFINITIONS:

o Award money damages to be paid by officer(s), employee(s) administrator(s), or Olmos Park, or o Force the agency to make changes in the way it operates by granting an injunction or entering into a consent decree [agreement to change].

 Discovery - The judicial process for compelling production of written records, oral depositions, or other evidence for use in civil litigation.

 Plaintiff - A person or persons who brings a civil case. A plaintiff may be a witness, suspect, resident, a group of residents, or another governmental body.

PROCEDURES:

General Guidelines: The costs of litigation are minimized through a system of risk management that supports: 1. Relevant policies and procedures; 2. Training & demonstrations of proficiency in key functional areas;

Page 1 of 5 Law Enforcement Policies and Procedures, 3.10 Civil Litigation

3. Documentation and incident reviews; 4. Supervision that is effective; & 5. Timely discipline when it is appropriate to reinforce the need for behavioral changes in certain individuals

High-Risk Operations: The following are some of the operational areas frequently involved in litigation against law enforcement agencies. Officers should be thoroughly familiar with and use particular care to follow agency policies and procedures guiding these operational areas: 1. Use-of-force; 2. Firearms and intermediate weapons; 3. Vehicular pursuits; 4. Patrol driving and response; 5. Domestic violence; 6. Investigatory stops and arrest procedures; 7. Searches; 8. Motor vehicle stops and searches; 9. Workplace harassment and/or discrimination; 10. Transportation of prisoners; & 11. Secondary employment and off-duty powers.

Response to High-Risk Incidents: When responding to, or on the scene of, a high-risk incident: 1. Secure the scene and all evidence; 2. Record the names and addresses of all witnesses on the scene; 3. Obtain a statement at the scene from a relevant source, and from ambulance and emergency room personnel, if applicable; 4. Note all necessary information regarding the incident; 5. Request a supervisor be dispatched to the scene: a. To conduct an independent review of all relevant information prior to release of the scene; or b. To review a search or arrest that may have been handled improperly. 6. Request an investigator to process crime scenes according to agency procedure, including: a. Taking color photographs or video from different angles; b. Photographing all witnesses. c. Insuring that each suspect is informed of rights to include Miranda warnings, Juvenile Warnings, and any other required readings. 7. Document critical information such as: a. Whether medical treatment was needed, requested, or received; b. Observations regarding suspect(s) general mental and physical health, and presence of any specific health problems requiring special treatment; c. Photographs of suspect and victims to include any specific injuries.

Post-Incident Procedures:

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All officers involved in high-risk incidents report and document the incident to their supervisor before concluding their shift. Supervisors review the reports, obtain necessary supplemental information, and forward reports to Police Chief as soon as practicable. The Police Chief or designee prepares, and submits, a confidential memo to the agency’s legal counsel providing an assessment of the incident. Depending on the need, the Police Chief, or his designee, meet with legal counsel.

Officers working or involved in the case understand and adhere to the following: 1. An internal investigation does not necessarily imply misconduct; & 2. Officers are not to discuss incidents with reporters or attorneys not associated with the agency without prior approval of the Police Chief, or court order.

Responsibilities of the Police Chief: With the aid of agency’s legal counsel, the Police Chief coordinates all responses to, pending or potential, litigation against the agency. The agency litigation coordinator: 1. Develops litigation files for each case that include: a. Copies of relevant agency policies pertaining to the incident; b. Copies of relevant radio communications, computer, or telephone records or tapes; c. Relevant photographs pertaining to the incident; d. Copies of the disciplinary and training records of all involved personnel; & e. Criminal docket, where applicable, from any criminal case arising from the incident. 2. Establishes a quality assurance process to confirm that: 3. Documents are routed to appropriate parties for resolution; 4. Documents are processed and completed by due dates; & 5. Records are kept detailing information released in each case and purpose for its release. 6. Ensures policies & procedures are protected from release in accordance with stated warnings. 7. Conducts audits and semi-annual reviews of agency litigation to determine whether need for policy and procedure revision or training exists; 8. Disseminates updated policies & procedures resulting from new case law statutes, or needs analysis to agency personnel; & 9. Updates employees involved in civil litigation regarding meaningful developments in and status of the cases, especially cases that have been concluded or settled.

Responsibilities of Employees: Employees named as parties to civil actions for acts or omissions allegedly arising out of their scope of authority or official duties: 1. Immediately notify the Police Chief and agency’s legal counsel; 2. Request representation from agency legal counsel, or secure representation from a private attorney at the officer’s expense, if desired; 3. Maintain accurate and detailed reports; &

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4. Avoid making public statements concerning the litigation without prior approval of the Police Chief.

Response to Subpoenas and Discovery Requests: Employees of the agency follow these guidelines regarding subpoenas in matters arising out of their official capacity: 1. When receiving a subpoena to testify, provide deposition, or documents employees immediately notify the Police Chief and the agency’s legal counsel. A copy of the subpoena is provided with the notice. 2. All discovery requests or subpoenas for agency records, reports, or officer notes are to be acted upon as directed by the agency’s legal counsel and state or federal law. 3. A variety of information might be released to a judge for in-camera inspection with regard to discovery requests depending upon the determination of legal counsel. While some information is released in the ordinary course of discovery, officers and employees should not presume how the facts of a particular case might impact the release of such items as: a. Policy & procedure sections, governing the alleged misconduct; b. Personnel records; c. Citizen complaints; d. Internal investigation files related to the incident; e. Responses to requests for past internal investigations into alleged misconduct of officers; & f. Responses to requests for internal investigations into officer alleged misconduct or misconduct similar to that being litigated. 4. The following information may or may not be fully discoverable: a. Minutes and records of official review boards; b. Agency policies and procedures; c. Training records; & d. Internal memos or notes that do not fall within attorney work product privilege. If there are any questions as to whether or not the memos or notes are attorney work products, forward to legal counsel for review. 5. Privileged material generally not subject to discovery includes: a. Names of confidential informants or citizens who wish to remain anonymous; b. Records of ongoing internal investigations that would be jeopardized by disclosure; c. Investigative files relating to ongoing criminal investigations; & d. Communications subject to any legal privilege.

Response to Media: The Police Chief, or designated Public Information Officer (PIO), are the only agency employees authorized to make statements to the media regarding critical incidents or litigation involving the agency or agency personnel. Employees should not answer questions regarding agency operations, procedures, or other confidential information when solicited to do so over the phone. After identifying the name and contact

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information of the caller, the requesting person should be directed to the agency PIO, or Police Chief. Once the call is terminated, the employee promptly notifies the PIO, or Police Chief of the contact.

The Police Chief works with legal counsel to present fair and accurate media statements pertaining to testimony, legal issues, or other concerns arising from litigation or any other incident involving the agency. Employees asked to comment or talk with representatives of the news media, prior to such a meeting or discussion, are to secure permission from the Police Chief.

Employees should not respond with “no comment” statements, but rather inform the media representative that they should contact the PIO, or Police Chief. .

No information regarding juveniles is released to the media or public (this even includes confirmation that the juvenile is in custody). Persons requesting information regarding a juvenile(s) is referred to the local youth court, or child protective service.

Page 5 of 5 PERSONNEL PERFORMANCE STANDARDS Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Accident or Injury of Employee Policy Number: 4.02

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department strives to promote a safe working environment whenever reasonably practical, given the nature of the work performed and the hazards we daily face. Part of this effort review accidents and injuries, and consider changes in job performance and tactics when practical.

DISCUSSION:

Physical injuries involving agency employees are an inherit part of law enforcement. A risk analysis of each accident or injury is crucial in order to evaluate the agency practices and policies, training programs and use of equipment. In order to fulfill this goal, each incident is examined, by supervisors, or a committee established by the Police Chief.

PROCEDURES:

Preliminary Reviews: 1. The immediate supervisor and next level of command review reported personal injuries and each fleet traffic accident. 2. Improperly prepared or incomplete collision or injury reports are returned to the submitting officer or investigator for more detail. 3. Where the review of an incident on its face indicate the officer(s) involved: a. Did not violate any policies, rules, or procedures, or b. In the case of injuries, there is nothing that can be done to prevent a similar occurrence in the future, c. Reviewers render a finding, d. Forward it to the Police Chief for final determination, & e. The Police Chief may direct additional investigation into the event.

Page 1 of 2 Law Enforcement Policies and Procedures, 4.02 Accident or Injury of Employee

Risk Management & Performance Issues Risk management and performance issues considered in any supervisory or review board include: 1. Are department policies adequate? 2. Were agency rules, procedures or policies violated? 3. Is training on this topic adequate? 4. Could accident/injury have been reasonably avoided? 5. Is any negligence involved and to what degree? 6. Is equipment failure or defect a factor? 7. The veracity and truthfulness of testimony given by witnesses and of reports submitted by parties involved? 8. Is the investigation adequate? 9. Additional input from the agency’s worker’s compensation, safety manager, risk manager, insurer, and/or legal counsel is also considered.

After view of these and any other considerations, the reviewers: 1. Renders a decision and makes written recommendations to the Police Chief. These recommendations may include, but are not limited to a. Adjustments to policy, or training, b. Equipment changes, and/or c. Proposed disciplinary action. 2. Findings and recommendations are forwarded to the Police Chief for final disposition.

Call for Evidence: Supervisors or boards conducting a review have authority to call for the following information for the examination: 1. Oral testimony of involved parties & witnesses, 2. Traffic collision or injury reports, 3. Incident reports, 4. Agency injury reports or statistics, 5. Physical Evidence, 6. Photographs, 7. Digital Media, 8. Equipment, 9. Etc.

Page 2 of 2 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Fitness for Duty Policy Number: 4.03

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Law enforcement tasks often require physical exertion, concentration, and decision- making in varying environmental conditions and in situations that are tense, uncertain, and rapidly evolving. Officers are mentally and physically capable of performing their duties under stressful conditions in order to accomplish the task before them, while safeguarding themselves, other officers, and members of the public.

PROCEDURES:

Officer Applicants: Persons applying for a position within Olmos Park Police Department are required to undergo physical and psychological assessments by licensed professionals. This examination is completed after the applicant signs a precondition employment letter. If a physician or mental health professional identifies conditions that could limit physical or emotional ability to cope with the stress of law enforcement duties, the applicant is not eligible for employment with Olmos Park Police Department.

Law Enforcement and Civilian Personnel: The following guidelines are maintained by all sworn and civilian employees of Olmos Park Police Department: 1. After employment, the agency may reexamine employees at any time to determine each individual’s continued fitness for duty, including: a. For purposes of a criminal or internal investigation; or b. For suspicion of emotional or physical problems due to documented accounts of an employee’s psychological behavior, or decline in physical health. 2. If a qualified physician or mental health professional indicates the presence of a condition that could limit an employee’s physical or emotional ability to perform his or her duties, that employee is placed on leave and not be allowed to return until: a. Released from care of a healthcare professional or facility; & b. An authorization letter is received and approved from a healthcare professional indicating the physical or emotional stability of the employee.

Page 1 of 2 Law Enforcement Policies and Procedures, 4.03 Fitness for Duty

Responsibility: It is the responsibility of the Police Chief to enforce this policy. However, any employee who is witness to a decline in mental or physical stability in themselves or a fellow employee is required to report the behavior to the Police Chief. Any employee refusing to submit to a physical or psychological examination following the request of the Police Chief is subject to suspension from duty or discipline, to include dismissal.

Officers are required to use their best efforts to control medical conditions (such as diabetes, etc.) that can adversely affect duty fitness. Some examples of these conditions may include but are certainly not limited to diabetes, substance or alcohol abuse, high or low blood pressure, excessive amounts of overtime or off-duty employment, etc.

Page 2 of 2 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Appearance & Grooming Policy Number: 4.04

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Employees consistently maintain a neat, clean, and professional appearance during the performance of their official duties, or at any time, they are representing Olmos Park Police Department.

DEFINITIONS:

 Body Adornment - The act or practice of placing foreign objects under the skin for the purpose of creating a design, form, figure or art.

 Branding - The act of intentionally burning the skin for the purpose of creating a design, form, figure, or art.

 Dental Ornamentation - The act or practice of using Gold, Platinum, or other veneers or caps for decorative purposes.

 Gauging - The act of placing incrementally larger objects in a body piercing for the purpose of creating a design, form, figure or art.

 Piercing - The act of creating a hole in any part of the body for the purpose of inserting any object, jewelry, or ornamentation.

 Scarification - The act of intentional cutting the skin or body part for the purpose of creating a design, form, figure, or art.

 Tattoo - The act or practice of marking the skin with indelible designs, forms, figures, or art by making punctures in the skin and inserting pigment.

Page 1 of 3 Law Enforcement Policies and Procedures, 4.04 Appearance & Grooming

DISCUSSION:

Employees of Olmos Park Police Department are authority figures within this agency, and when outside are service representatives of Olmos Park. As such, it is essential that employees present a positive, professional image to the public.

PROCEDURES:

In the performance of duty, officers are required to wear uniforms as dictated by Olmos Park Police Department policy, except in special circumstances authorized by a superior. Determination of compliance with this policy is completely at the discretion of the Police Chief or designee.

Officers who fail to meet appearance standards may be sent home, and not permitted to work until their appearance meets agency standards, or they may be disciplined in other forms. Failure to comply on repeat occasions is insubordination, and disciplinary action is taken.

Male Employees: Male officers on duty, and in uniform, keep their hair trimmed according to the following guidelines: 1. Neatly tapered, rounded or squared at the back, and may extend down to the top of the collar. 2. Hair in front may not fall lower than one-half inch above the tops of the eyebrows. 3. Hair on the sides may not extend lower than half way down the ear. 4. Side burns may not extend below the lowest part of the ear, nor flare any wider at the bottom than their natural width at the top. 5. Officers may maintain a neatly trimmed moustache not to extend more than ¼ inch below the bottom lip. Officers shave daily before reporting to work.

Male officers maintain clean, short, and neatly trimmed fingernails.

Female Employees: While on duty, and in uniform, female officer’s hairstyle is to be worn according to the following guidelines: 1. Not extend below the bottom of the collar. 2. Styled in a fashion that allows a cap to be worn over the hair. 3. Conspicuous pins, barrettes, and combs are not authorized.

Nail polish, lipstick, and/or other cosmetics worn while on-duty, is conservative in nature.

All Employees:

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Both male and female employees are required to maintain cleanliness by bathing daily, practicing good hygiene, and by wearing clean clothes free from unpleasant odors. In addition, the following guidelines apply: 1. All employees are encouraged to wear a minimum amount or no loose jewelry. 2. Do not bring or wear expensive items you are not willing to loose or have stolen.

TATTOOS & BODY ART

Sworn Officers: 1. Tattoos on the hands, arms, neck, face, or head, which are visible while wearing a long or short sleeve shirt are prohibited while on duty or while wearing an official uniform, or acting in an official capacity. 2. Scarifications, Brandings, Body Adornments and Gauging which is visible or which an outline can be seen through the clothing is prohibited while on duty or while wearing an official uniform, or acting in an official capacity. 3. Dental ornamentation is prohibited. 4. Officers having body piercings in locations which are visible or where an outline is visible through clothing are prohibited from wearing jewelry or ornamentation in those piercings while on duty or while wearing an official uniform, or acting in an official capacity. 5. Female officers are allowed to wear one pair of stud type earrings in their ears while on duty. 6. Officers already having tattoos in locations prohibited by this policy are grandfathered but, current tattoos are photographed and officer is restricted from receiving any additional tattooing in the prohibited areas after the effective date of this policy. 7. Officers who are grandfathered under this policy are not to display tattoos, body art, or brands that are obscene, sexually explicit or promote discrimination based on sex, gender, race, religion ethnicity or national origin. 8. Violation of this policy by grandfathered officers after the effective date of this policy result in the officer losing their grandfathered status and the officer is required to cover the area in question by wearing a long sleeve uniform shirt, flesh colored bandages, makeup or have the tattoo, scarification, branding, dental ornamentation, body adornment or gauging removed at their own expense. 9. Officers already having tattoos in locations prohibited by this policy wear a uniform, or in the case of a detective, appropriate clothing, which covers as many tattoos as possible while attending municipal, state or federal court proceedings or other events, determined by the Police Chief or designee.

Officers working in an undercover capacity or special assignments may be exempt from portions of this policy after obtaining approval from the Police Chief or designee.

Page 3 of 3 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Workplace Harassment Policy Number: 4.05

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Employees strive to maintain and promote a productive working environment free of harassing or disruptive conduct. All employees promptly correct and/or report to management any harassment, disruptive, or inappropriate conduct.

No form of harassment or discrimination is tolerated, including harassment because of, or by inappropriately emphasizing an individual’s race, national origin, religion, disability, pregnancy, age, military status, gender, or sex.

DEFINITIONS:

 Harassment, harass, harassed, harassing, harasses - 1. To irritate or torment persistently. 2. To wear out; exhaust. 3. To impede and exhaust an adversary with repeated attacks or raids.

 Sexual harassment - Unwanted and offensive sexual advances or sexually derogatory or discriminatory remarks, as those made by an employer to an employee, employee to employer, or employee to employee, or the creation of a sexually objectionable environment.

 Supervisor - Any person empowered to make economic decisions, or, decisions affecting the terms, privileges or conditions of employment for other employees under his/her control.

Page 1 of 4

Law Enforcement Policies and Procedures, 4.05 Workplace Harassment

PROCEDURE:

Sexual Harassment: Although no form of harassment or discrimination is to be tolerated, sexual harassment is also specifically and expressly prohibited.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment. When submission to or rejection of such conduct is made a term or condition of employment (expressly or implicitly), or when such conduct unreasonably interferes with an individual’s work performance or creates an intimidating, hostile, or offensive working environment.

Sexually harassing conduct includes, but is not limited to the following actions: 1. Unwelcome sexual flirtations, propositions, offensive touching, or comments on a person's physical characteristics; 2. Verbal abuse of a sexual nature to include: a. Repetitive use of offensive words of a sexual nature describing body parts or a sexual act; or, b. Telling suggestive ("dirty") stories. 3. Conversation between employees about subjects which are sexual in nature and perceived as offensive; 4. Displaying in the workplace sexually suggestive objects, pictures, pornographic magazines, or representations of any action or subject of a sexual nature which can be perceived as offensive; or 5. Retaliation against employees for complaining about sexually harassing behavior.

Offensive conduct between members of the same gender may constitute harassment, as well as conduct between members of the opposite sex.

Other Forms of Harassment: Forms of harassment or discrimination other than sexual harassment include slurs and other verbal or physical conduct relating to an individual’s race, national origin, religion, disability, pregnancy, age, military status, or gender, which creates an intimidating, hostile, or offensive working environment or otherwise adversely affects an individual’s employment opportunities.

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Law Enforcement Policies and Procedures, 4.05 Workplace Harassment

Reporting Requirement: 1. Any employee, who believes that he or she has been subjected to unlawful or inappropriate harassment or discrimination, or has witnessed such conduct while on the job, immediately reports the incident to his or her supervisor.

2. If the supervisor is the subject of the alleged complaint, or if for any reason the employee does not wish to report such an incident to their supervisor, the employee immediately reports the matter directly to the Second in Command. 3. In the event the employee alleges that the Second in Command is the subject of the complaint, the report is made directly to the Police Chief. 4. In the case the Police Chief is the subject of the complaint, the report is made to City Manager and City Council or City Manager and City Council Human Resources Department. 5. If the employee is unsatisfied with the response at any level, the employee may request the decision be reviewed at the next higher level. 6. In the event the alleged offender is a detainee, trustee, or inmate under the control of the Police Chief or State corrections authorities, the offended inmate’s supervisor, takes immediate action to stop the harassment action, and report the matter to the controlling agency authority.

Retaliation: Retaliation is forbidden. The Police Chief does not tolerate any form of retaliation against employees availing themselves of the responsibility to report harassment. The reporting requirement should not be construed, however, as preventing, limiting, or delaying the Olmos Park Police Department from taking disciplinary action against any individual, up to and including termination.

This agency does not permit or condone any acts of retaliation against anyone who files legitimate harassment complaints or cooperates in the investigation of such complaints.

Investigation of Complaints: All reported incidents of harassment alleged against an officer, employee, or authorized visitor to the agency are timely investigated by the Investigator or designee.

Complaints against fellow employees are treated confidentially to the extent that a thorough investigation reasonably allows. Statements of the complaining party and key witnesses are completed on official witness statement forms, signed, and witnessed. Prior to any signing, each complainant, witness, or subject of an investigation are reminded of the perjury laws of the state, and the consequences of filing a false report. Any individual determined to be a criminal suspect is read their Miranda Warning, prior to any

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Law Enforcement Policies and Procedures, 4.05 Workplace Harassment

interrogation.

Disciplinary Action: A violation of this policy may be grounds for disciplinary action, including but not limited to warning, suspension, discharge, demotion, transfer, or probation. The Police Chief may also impose other remedial actions including but not limited to counseling, training, treatment, placing of conditions on continued employment, and criminal referral.

If it is concluded that a complaint or report of harassment was intentionally or knowingly false or that information provided in an investigation was intentionally or knowingly false, the individual(s) providing such false complaint, report, or information are subject to disciplinary action, and possible criminal charges for filing a false or misleading police report or official document.

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Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Drug-Free Workplace Program Policy Number: 4.06

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department strives to maintain a workforce free from the influence of drugs and other mind altering chemicals.

PROCEDURE:

The Police Chief or designee, has responsibility for the operation of this program, and is the manager of the drug-free workplace program.

Olmos Park Police Department operates as a drug-free workplace, and employees are expected to remain free from the influence of illegal drugs, abusive reliance on all prescription and non-prescription drugs, and inappropriate alcohol intake. Abstinence from illegal drug use or the excessive use of alcohol is an important requirement for continued employment with this agency.

Employees are prohibited from using or distributing any drug, alcohol, or other controlled substances while on duty, or prior to reporting for duty, if the substance used affects mental capacity, or physical ability.

Illegal substances and drugs may be handled in the course of official duties relating to the searches, execution of a warrant, incidental to arrests, and undercover operations. In each case the substance or evidence seized is controlled and disposed of according to established procedures. Officers and employees are not authorized to possess drugs and illegal substances beyond the time and means that it takes to record and turn-over such items into the evidence room or locker.

Medications: Employees taking prescribed medication that could interfere with proper performance of their duties notify their supervisor, prior to reporting for duty. The agency may require a written physician's statement verifying the effect of any medication on the employee's ability to perform assigned duties.

Page 1 of 2 Law Enforcement Policies and Procedures, 4.06 Drug-Free Workplace Program

Medications that are the property of staff and have been approved for use on premises are not stored in any area accessible to any other individual, other than that staff member.

Testing and Treatment: As a result of behavioral observations or random sampling (unless such sampling is otherwise prohibited), employees may be required to submit to drug or alcohol testing as part of the drug-free workplace policy. Employees who are found to be substance- dependent through this and other non-voluntary means may be terminated. Employees who identify themselves to supervisory staff, as substance-dependent may be placed on leave without pay, or assigned less critical duties, and referred for counseling and treatment. Resumption of duty is contingent on successful completion of a course of treatment, and may entail a regular drug-testing regime for a period of one [1] year after resumption of duties.

Criminal & Other Remedies: Any officer suspected of possession, or delivery of a controlled substance [or any other medication or mind altering substance] to anyone is investigated. If found to be in violation of agency policies or the law, the individual officer or employee is disciplined and prosecuted to the full extent of the law.

Notification: Employees are notified of the provisions of this policy upon employment with the agency and may be required to sign an acknowledgement.

Page 2 of 2 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Training & Proficiency Testing Policy Number: 4.07

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department provides meaningful training that meets or exceeds minimum training requirements mandated by the state to ensure that they and other employees maintain the skills necessary to efficiently and effectively carryout their duty assignments.

DEFINITIONS:

 Demonstration - The act of showing or making evident.

 Demonstration of Proficiency - Showing through actually performing the task, that the individual is competent.

 Proficiency - The state or quality of having competence in the performance of a task.

 Testing - A procedure for critical evaluation; a means of determining the presence, quality, or truth of something.

DISCUSSION:

Training is one of the most important activities in any law enforcement agency. Training serves three broad purposes. First, trained officers are generally better prepared to act decisively in an ever-widening range of situations. Second, effective training results in greater productivity and effectiveness. Third, it fosters cooperation and unity of purpose. An officer’s performance is often a direct reflection of the quality and quantity of training.

Adult learning fostered by Olmos Park Police Department relies as much as possible on stated learning objectives and testing that allows officers and employees the opportunity to show what they know, and not just answer questions on a testing sheet. We call this

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Law Enforcement Policies and Procedures, 4.07 Training & Proficiency Testing demonstration of proficiency. Periodically, you are asked and required to show that you can perform or demonstrate mastery of critical tasks.

PROCEDURES:

Goals: The goals of the Olmos Park Police Department training program include: 1. Meeting mandatory and in-service training requirements; 2. Maintaining better educated, more professional personnel; 3. Each officer receiving no less than twelve hours of in-service training each calendar year; 4. Maintaining officer demonstrated proficiency levels regarding key enforcement tools and procedures such as: a. Firearms b. Chemical & electronic weapons c. Handcuffs and other restraint devices d. Striking instruments e. Emergency vehicles f. Cultural diversity g. Interviews of witnesses h. Interrogations of suspects & constitutional warnings 5. Efficiently and effectively accomplishing agency objectives; 6. Improving law enforcement and community relations; 7. Training in specialized areas of law enforcement; 8. Uniformity of service, response capabilities, and comprehension by employees; 9. Improving officer verbal, and non-verbal communications skills; & 10. Legal updates once a year or as enacted by the state’s legislature.

Objectives: General program objectives for training are as follows: 1. Familiarize new employees with the agency facilities and physical plant; 2. Inform new employees of Olmos Park Police Department mission and institutional goals; 3. Instruct new employees in agency policies, procedures, and programs; 4. Provide all officers with any mandated specific training; 5. Ensure all officers receive no less than forty hours of in-service training each calendar year; 6. Provide FTO & OJT training to enhance staff understanding and performance; 7. Maintain better educated, more professional personnel; 8. Provide employees with improved skills in their specialties; 9. Develop a motivated and highly trained staff that new employees can access and follow as mentors; 10. Develop human relations skills to aid productive, meaningful, and professional relationships with the community, or others receiving Olmos Park Police Department services;

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Law Enforcement Policies and Procedures, 4.07 Training & Proficiency Testing

11. Develop career opportunities within the agency; & 12. Maintain uniformity of service, response capabilities, and understanding for all officers and employees of the agency.

Training Responsibilities: Training is a continuous process that involves all members of the agency. The Police Chief is responsible for the overall training function. In order to achieve this mandate, the Police Chief appoints a Training Officer whose responsibilities include: 1. Conducting annual training to include analysis based input from line officers, supervisors, and staff representing internal affairs. Other sources such as union and insurance company representatives may also be considered. 2. Developing an annual training plan based on identified needs; 3. Developing a training budget adequate to execute the training plan; 4. Identifying, locating, and developing training opportunities, programs and instructors that meet the need; 5. Implementing and managing the plan; 6. Maintaining records of each training course conducted or sanctioned; 7. Notifying personnel, in writing, of mandatory training and demonstrated proficiency examinations, and other approved courses; 8. Assuring that training programs are attended by personnel as required; 9. Maintaining liaison with educational and training resources; 10. Maintaining accurate and up to date individual training records on each employee; 11. Scheduling, and making arrangements, for employees to attend training classes; 12. Setting dates for proficiency training and tests in conjunction with technical instructors [such as firearms, driving, striking instruments, and chemical agents]; 13. Initiating disciplinary action against any employee who fails to attend, participate, or conduct themselves in a professional manner during training; 14. Notifying supervisors of officer proficiencies that are about to lapse or have elapsed; & 15. Maintaining a course and instructor evaluation process allowing attendees to comment on instructional content, instructor proficiency, and relevance of the material to the job.

Proficiency Ratings: No officer or employee may carry or use any of the following items without having completed an initial course in its application, and periodically demonstrating proficiency in its application. Officers may have completed basic training in these tasks and tools during their law enforcement academy course. Officers demonstrate proficiency with the following tools within the period provided: 1. Firearms – See and comply with Firearms Training Policy & Procedure 2. Chemical weapons –as required by the state 3. Conductive Energy Device [e.g., Taser, stun gun, or electric shield] –Handcuffs and other restraint devices - as required by the state; 4. Striking instruments –as required by the state;

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Law Enforcement Policies and Procedures, 4.07 Training & Proficiency Testing

5. Emergency vehicles –as required by the state; 6. Radar – As mandated by the state.

The training coordinator is responsible for setting the dates of proficiency training, supervision of the testing, and the integrity of the pass or fail standards. Evaluation is on a pass or fail basis and results are recorded in each officer's training file. Refresher training is generally being provided just prior to evaluation where, and to the extent possible, officers are evaluated by a realistic practical as opposed to written examination.

Page 4 of 4 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Firearms Training & Proficiency Policy Number: 4.08 Demonstration Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Employees of Olmos Park Police Department who may from time to time be armed with a firearm are required, at least every twelve months, to demonstrate proficiency with the firearm types [City Rifles, City shotguns & On/Off Duty handguns] they carry or have occasion to carry on duty. This includes handguns [pistol or revolver], long guns [shotgun and/or rifle], and any secondary firearms, used as off-duty or back-up weapons.

DEFINITIONS:

RESTRICTED LAW ENFORCEMENT DATA This data is proprietary and will not be duplicated, disclosed, or discussed without the written permission of this agency. Data subject to this restriction is contained throughout this publication. Page 1 of 5 Law Enforcement Policies and Procedures, 4.08 Firearms Training & Proficiency Demonstration

PROCEDURES:

General Provisions of Firearms Training and Use: The following Olmos Park Police Department standards apply to the carrying and use of firearms in training, on-duty, and off-duty status. 1. No individual may carry or use a firearm on-duty who is not authorized by the Police Chief to do so. 2. No individual may carry a firearm type that is not approved and the officer has not demonstrated proficiency with in the last twelve [12] months. 3. No officer may carry or use ammunition that has not been approved by the Police Chief. 4. No officer is allowed to carry or use a firearm when the officer anticipates the use of or is under the influence of potentially mind-altering chemicals including alcohol, prescription drugs, or like substances. Casual or recreational use of alcohol while armed is not permitted. 5. The exception to 1, 2, & 3, above is action taken during a life-threatening emergency. Exceptions based on an emergency declaration are documented in writing to the officer’s immediate supervisor. 6. Employees who have a valid state firearms permit may carry a firearm while not working, in compliance with the conditions allowed by law.

Firearms Instructor, Range Master, and/or Range Officer Qualifications: The titles of Firearm Instructor, Range Master, and/or Range Officer are considered identical for purposes of this policy. Firearms Instructors of the agency meet the following qualifications: 1. Complete an approved law enforcement firearms instructor course conducted by certified instructors of the Olmos Park Police Deparment, the National Rifle Association, or US Military. 2. Demonstrate 90% proficiency with each category of firearm carried by officers and employees. 3. Be proficient in teaching firearms safety, care and cleaning, safe storage, tactical firearms use, and weapons retention.

Demonstration of Proficiency Guidelines: 1. Initial qualification and annual [at least] demonstrations of proficiency include live fire training conducted at specified times at an approved firing range or location, and safe gun handling. 2. Officers wear and use the rig, holsters, weapons, and equipment they normally use on duty. For uniformed officers this includes all equipment normally worn or carried on the person. Detectives and those working primarily in civilian attire that also wear and use holsters, or other ancillary equipment carry and use only that equipment normally carried on duty. Extra magazines, weapons, or other equipment not normally carried on duty, is not allowed. 3. Officers use and have access to only the number and type of magazines, clips, or speed loads normally carried on the person during normal duty hours.

RESTRICTED LAW ENFORCEMENT DATA This data is proprietary and will not be duplicated, disclosed, or discussed without the written permission of this agency. Data subject to this restriction is contained throughout this publication. Page 2 of 5 Law Enforcement Policies and Procedures, 4.08 Firearms Training & Proficiency Demonstration

4. Officers enter the firing range as a COLD RANGE. All weapons and magazines or speed loaders are empty when entering the controlled area. 5. Officers who wear protective body armor while on duty wear the same armor during any live fire exercises. 6. Qualified Firearms Instructors conduct all firearms training and proficiency demonstrations. 7. Instructors schedule off-duty courses and practice sessions prior to proficiency demonstrations that officers may attend free of charge. 8. Employees who do not qualify have the option of attending a remedial weapons course to be conducted on their own time. 9. Minimum firearms proficiency demonstration score for armed employees of Olmos Park Police Department is 80% percent of the required courses of fire. This standard applies to all firearms carried or used by individual officers. 10. Officers also demonstrate proficiency in tactical loading, reloading, clearing of malfunctions, safe gun handling, care, and cleaning of the firearms. 11. Officers are provided two [2] opportunities to meet proficiency standards. 12. Officers unable to demonstrate firearms proficiency are scheduled for a conference with the Police Chief. The Police Chief determines if the officer is eligible for remedial training. If remedial training is authorized, the officer has two attempts to meet proficiency standards, after remedial training. Any officer who is unable to demonstrate proficiency is not eligible to perform duties of an armed employee and does not carry a firearm until proficiency is demonstrated. Inability to consistently and safely demonstrate proficiency with a firearm may cause the officer to be reassigned or terminated from the agency.

Proficiency Course of Fire and Demonstration: The firearms instructor determines the course of fire and demonstration of proficiency requirements at least three months prior to the date set for firearms proficiency qualifications subject to the approval of the Police Chief.

The firearms instructor then publishes a description of these requirements for all armed personnel to review. The firearms instructor may vary these requirements from time to time to provide officers with innovative and realistic training. Physical movement, use of cover and concealment, verbal command responses, and firearms retention practices may also be required and/or included in training scenarios.

All shooting exercises require employees to clear malfunctions, jams, and misfires in attempts to complete the exercise in the time allotted. Supplemental ammunition reloading is allowed, but employees may not fire more than the required number of rounds.

RESTRICTED LAW ENFORCEMENT DATA This data is proprietary and will not be duplicated, disclosed, or discussed without the written permission of this agency. Data subject to this restriction is contained throughout this publication. Page 3 of 5 Law Enforcement Policies and Procedures, 4.08 Firearms Training & Proficiency Demonstration

Range Safety Rules and Regulations: 1. Fire the actual weapon and the actual type and make of ammunition carried on the job. 2. Records of all approved firearms training is maintained at the agency level, with a listing of pass or fail only. Actual scores are not recorded on training records. 3. Weapons are empty except when instructed. 4. The range officer and officers receiving the training maintain strict discipline at all times. 5. When picking up a firearm, open the cylinder or action and check to see that it is loaded. Check the weapon a second time to assure that it is safe. 6. Do not give a firearm to anyone unless the cylinder or action is open and no rounds are in the weapon. 7. Do not anticipate a command on the range. 8. Always check the barrel of a firearm for obstructions before loading. 9. Unload when and as instructed. 10. Keep the barrel of your firearm down range in the target area at all times when in your hands. 11. Do not remove a weapon from its holster with your finger on the trigger. 12. The index finger is indexed [placed on the frame of the weapon] until the command to fire is given. 13. Smoking, chewing, or dipping tobacco products are absolutely prohibited while at the firing line. 14. Full attention is to be given to instructions and commands of the Range Officer. 15. If a firearm is dropped or the muzzle touches the ground, notify the Range Officer immediately. Unload the weapon. Check the barrel for obstructions and follow the commands of Range Officers, before resuming a firing exercise. 16. In the event of a misfire, jam, or malfunction, clear the weapon immediately, reload, and attempt to complete the firing exercise in the time allowed. Loading additional rounds is permissible to accomplish the proficiency objective [in the time allowed]. Demonstration of proficiency includes prevention and recovery from malfunctions. 17. Do not go in front of the firing line until the Range Officer has given the command to Cease Fire, and the line has been cleared and the order to Go Forward has been given. 18. Dry firing on the range is permissible when under the supervision of the Range Officer. 19. If you are taking any type of medication or have consumed alcoholic beverages within eight (8) hours of firing a weapon, the Range Officer is to be notified. 20. Repeated violations of any Safety Rule or Regulation, whether intentional or unintentional, results in loss of proficiency and removal from the range. 21. Ear and eye protection is required to be worn while firing a weapon during range training. Equipment is provided; however, employees are also allowed to use personal items. Privately owned equipment is subject to approval by the firearms instructor.

RESTRICTED LAW ENFORCEMENT DATA This data is proprietary and will not be duplicated, disclosed, or discussed without the written permission of this agency. Data subject to this restriction is contained throughout this publication. Page 4 of 5 Law Enforcement Policies and Procedures, 4.08 Firearms Training & Proficiency Demonstration

22. Firearms Instructors, regardless of rank, are in charge of the firearms training. All officers, including superior officers, follow the Firearms Instructor’s commands concerning range operation, and demonstration of proficiency procedures. The Firearms Instructor reports to the Police Chief any problems he/she might encounter because of this policy provision. 23. Employees attending firearms training are attentive and cooperative in class and on the firing range. Misconduct, horseplay, or negligence of any kind is not tolerated. 24. Any officer has the right to challenge the scoring of his or her target. The challenge is made to the Range Officer at the time of the original scoring.

RESTRICTED LAW ENFORCEMENT DATA This data is proprietary and will not be duplicated, disclosed, or discussed without the written permission of this agency. Data subject to this restriction is contained throughout this publication. Page 5 of 5 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Field Training & Evaluation Policy Number: 4.09 Program Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department maintains a Field Training and Evaluation Program for all new officers assigned to this agency, or for officers that are in need of re-training or re-evaluation on specific performance tasks. This mentoring program supports the concept of placing only qualified officers in positions of authority.

DEFINITIONS:

 Field Training Officer [FTO] - FTOs are trained, experienced, and ethical officers who are motivated to mentor less experienced officers or officers with an identified performance deficiency. FTOs need not be Certified Law Enforcement Instructors, but have successfully completed an FTO course of instruction.

 Probationer Officer [PO] - A probationer officer is either a new recruit brought into the agency, or an officer with time in service within the agency that has been identified by the management team as having a training or performance deficiency that is likely to be improved to an acceptable level with additional training and mentoring. It should never be assumed that an individual assigned to PO training and training is less qualified as a law enforcement officer. We all have varying degrees of opportunities to improve. For example, an experienced officer assigned to a specialized unit such as detectives, or special weapons and tactics, may be assigned to undergo field training in that new task.

Page 1 of 4 Law Enforcement Policies and Procedures, 4.09 Field Training & Evaluation Program

DISCUSSION:

Olmos Park Police Department Field Training and Evaluation Program is an extension of the law enforcement employee selection process that combines field training with objective evaluations. The goal is to improve the overall effectiveness and efficiency of law enforcement service delivery by: 1. Improving the overall applicant screening process; 2. Establishing a probationary officer appraisal system; & 3. Supporting an officer review procedure that measures the effectiveness of the agency's selection and training processes.

PROCEDURE:

FTO Qualifications: In addition to other employment and performance standards of Olmos Park Police Department, officers applying for the position of Field Training Officer [FTO] meet, as a minimum, the following conditions: 1. Have a high school diploma or equivalent (GED); 2. Two [2] years of full-time experience as a law enforcement peace officer; 3. Has shown an exemplary standard of quality performance in all categories of their job and possesses the ability to be a leader and mentor; 4. ; 5. Major interest in improving leadership in the agency, and quality of operations; 6. Successfully completed required Texas Law Enforcement Course; 7. Sworn and hired as a peace officer of Olmos Park Police Department; 8. Successfully completed FTO training after the academy and “signed off” by the police chief; 9. Completed no less than twenty [20] hours of in-service training annually; 10. Completion of an FTO Course; 11. Demonstrated proficiency with all weapons carried, and patrol vehicle within last twelve [12] months.

Duties of Field Training Personnel: 1. Field Training Coordinator [FTC] is responsible for: a. Planning, directing, and evaluating all aspects of the program; b. Working closely with the PO’s Shift Supervisor during and after the completion of Field Training and Evaluation Program assignments to determine and correct any training deficiencies, and/or recommend retraining of a recruit officer; c. Maintaining records of the PO and FTO; d. Evaluating each PO during the final phases of their probationary period; & e. Preparing recommendations to the Police Chief regarding retaining, dismissing, or extending training of the officer. 2. Field Training Shift Supervisor is responsible for:

Page 2 of 4 Law Enforcement Policies and Procedures, 4.09 Field Training & Evaluation Program

a. Acting as both Shift Supervisor for all officers and supervisor of training and evaluation for recruit officers assigned to his shift. All Patrol Shift Supervisor’s receive training in the supervision of the field training process; & b. Evaluating the Field Training and Evaluation Program through daily communication with Field Training Officers, and observation of PO’s performance. 3. FTOs are responsible for the training and evaluation of assigned probationary officers.

Recruit Officer Training: Upon hiring, all new officers are assigned duties, under the direct supervision of a FTO. The only exceptions, to this policy, are approved in writing by the Police Chief at the time of hire, or in exigent circumstances. During the entire recruit officer training program, officer’s are considered on probationary status, and therefore, not eligible for secondary or off-duty employment which would require them to act as a law enforcement officer.

Probationary Period – Officer Dismissal Process: At any time during the probationary period when a recruit probationer is not performing at a satisfactory level, a request for employment status review may be initiated The FTO gathers all memorandums and supporting data, prepare a detailed report, and forward recommendations to the Police Chief.

The Police Chief reviews the documentation and renders a decision regarding the employee's status. If the Police Chief concurs with the recommendation, the recruit probationer may be administratively relieved of duty by the FTO and scheduled for an Employment Status Hearing.

Employment Status Hearing: The Police Chief, or designee, presides over the Employment Status Hearing at which time the FTO present justification for the requested change. The probationer is afforded an opportunity to respond, and present extenuating and/or mitigating factors. The Police Chief or designee makes the final decision within two [2] working days of the termination of the hearing.

Upon determination regarding employment, all files regarding the probationer are maintained within the agency’s personnel files. These files are confidential and access is limited and reviewed on a need to know basis only.

Experienced Officers Skills Training: Officers assigned to probationer status for a particular job skill [such as radar operator, special weapons and tactics, detectives, etc.] are counseled regarding the objectives of the training, with clearly established goals. Usually this training and the follow-up evaluations are performed by FTOs that are qualified in the topic area. For example, an FTO in the detective unit mentors and trains new detectives. Once all of the

Page 3 of 4 Law Enforcement Policies and Procedures, 4.09 Field Training & Evaluation Program performance goals and objectives are met, the FTO signs-off or recommends the probationer for individual assignments. These recommendations are made to, management.

The FTO may continue the field training assignment of a probationer beyond the predetermined time should the need for further training be evident. Extension of this training period is documented in writing by the FTO.

Page 4 of 4 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Insubordination Policy Number: 4.10

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Employees of Olmos Park Police Department understand the command and rank structure of the agency, and carry out their duties and responsibilities with a positive attitude, as directed by their supervisors, within policy guidelines Any form of insubordination, unless otherwise justified, is not tolerated, and is subject to disciplinary action.

DEFINITION:

 Chain of Command - A system whereby authority passes down from the top through a series of leadership positions or ranks in which each is accountable to the one directly superior.

 Insubordination - Any act of defiance, disobedience, dissension, or resistance to authority or instruction.

PROCEDURES:

General Guidelines: The organizational structure of Olmos Park Police Department lists the Police Chief as the leading authority within the chain of command. This authority is delegated downward to the next level of authority and continues throughout the chain of command to the lowest level. In accordance with this structure, employees: 1. Follow orders and instructions issued by supervisory personnel, in a timely and efficient manner; 2. Exceptions to item 1 above are, only if the order or instructions violate: a. The constitutional rights of others, b. Policies & Procedures of the agency, c. The code of ethics, & d. Safety or health of the officer, employee, or others. 3. Respond in a professional manner to instructions;

Page 1 of 2 Law Enforcement Policies and Procedures, 4.10 Insubordination

4. Consistently demonstrate respect for those appointed to positions above them, and fellow officers and employees; & 5. Not use profane or obscene language toward any supervisor, public official, or individual appointed over them.

Disciplinary Action: Violations of this policy, as with other policies are prejudicial to good order and discipline, and like other policy violations, dealt with immediately by the observing supervisor. This action may range from a verbal warning to immediate relief of duty and placement on administrative leave, with a referral to next higher supervisor for additional action.

Supervisor Responsibilities: Instances of insubordination are fully documented by the observing supervisor and an incident report is submitted to the next higher supervisor.

Supervisors are instructed to be observant to insubordination expressed towards another supervisor, when it occurs behind the back of the intended recipient. In such instances, the observing supervisor is required to take immediate corrective action.

Page 2 of 2 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Court Appearance Policy Number: 4.11

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Court appearance is an integral part of our law enforcement duties. Olmos Park Police Department personnel appearing in court in any capacity, attend at the appointed time without fail, present a well-groomed appearance, are prepared, and behave professionally.

PROCEDURES:

Court Appearance: 1. Attendance at a court or quasi-judicial hearing, whether notified by subpoena or other notice by the agency, prosecution, or hearing officer is an official duty assignment, and employees and officers attend without fail. Permission to omit this duty is obtained from the prosecuting attorney or other competent official, prior to the appearance date and time. 2. All officers are punctual and attend until dismissed by the prosecution, the person issuing the subpoena or the court. 3. The complete and official uniform is worn when appearing in court. Non-sworn employees may appear in conservative business attire. Officers may substitute such attire for uniforms when approved by the officer’s supervisor. 4. Members avoid mannerisms or expressions, which might imply disrespect to the court, other witnesses, those charged with criminal offenses, or plaintiffs testifying. Employees have notes and case files prepared, and all evidence suitably arranged for presentation before trial appearance.

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

Page 1 of 3 Law Enforcement Policies and Procedures, 4.11 Court Appearance

Court Absences: If an employee is scheduled to be in court and cannot attend, he/she notifies the court clerk of the reasons for non-attendance in writing at least seventy-two [72] hours or three [3] business days prior to the scheduled court date. In cases of unforeseen emergencies, verification of that emergency is submitted to the court clerk immediately in writing. If the emergency arises before court and the officer is able to contact the court, the judge determines if the absence is excused. If the officer is unable to contact the court, the Police Chief determines if the absence is excused. Copies of all communications with the court or prosecution regarding appearances are submitted to Police Chief.

Penalties for Unexcused Court Absences: All unexcused absences are forwarded to the Police Chief or his designee by the court clerk. Disciplinary actions for not appearing in court are addressed as with other disciplinary matters and may include the following: 1. First Offense: Letter of written reprimand to be placed in the officer’s personnel file. 2. Second Offense: Officer receives a two [2] day suspension without pay from duty. 3. Third Offense: Officer receives a four [4] day suspension without pay. 4. Fourth Offense: Review of employment and possible termination. 5. This does not preclude the court from taking whatever action the court deems appropriate for non-appearance.

Respect and Testimony: While in court, the officer: 1. Always tell the truth when testifying, making reports, or conducting any Law enforcement business; 2. Is respectful of magistrates and judges at all times; 3. Speaks calmly and explicitly in a clear, distinct, and audible tone so to be heard by the court and jury when giving testimony. 4. Testifies with strict accuracy, limiting testimony to the case before the court, and neither suppresses nor overstates the circumstances with a view for favoring or discrediting any person. 5. Answers defense counsel questions with the same readiness and civility as when testifying in support of the charge, remembering that the ends of justice are served by showing a desire to tell the whole truth, whether it is in favor of or against the defendant.

Page 2 of 3 Law Enforcement Policies and Procedures, 4.11 Court Appearance

Testifying for the Defendant: Any employee subpoenaed by the defense in any criminal trial or hearing notifies the office of the prosecuting attorney immediately upon receipt of the subpoena.

Civil Action, Court Appearances – Subpoenas: Employees may not volunteer to testify or give deposition in civil actions and may not testify unless subpoenaed. Employees accept all subpoenas legally served. If subpoenas arise out of agency employment or if employees are informed that they are a party to civil actions arising out of agency employment, they immediately notify the Police Chief and the attorney representing the agency. Employees then prepare to discuss the testimony he is prepared to present, if called as a witness.

Civil Matters Relating to Employment: 1. Employees confer with the Police Chief before giving depositions, affidavits, or testimony in civil matters. 2. Employees may not institute any civil action arising out of their official duties without first notifying the Police Chief. 3. Employees may not use their position with the agency as a means of forcing or intimidating persons with whom they are engaged in civil matters.

Page 3 of 3 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Employee & Confidential Records Policy Number: 4.12

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department maintains and provides limited access to employee personnel and other confidential records.

PROCEDURE:

Types of Records: Current, accurate personnel records are maintained on all employees. Records are kept in four [4] separate files to include: 1. Personnel; Training & Disciplinary 2. Medical 3. TCOLE Documents.

Personnel files contain information needed to conduct agency operations or as required by federal, state or local laws. In addition to these records, other confidential files may be maintained by the agency.

Record Content: Olmos Park Police Department maintains the information listed below. This information includes, but is not limited to the following: 1. Initial job application form; 2. High school diploma or GED certificate; 3. DD214, if applicable; 4. New employee information form; 5. Payroll information; 6. Criminal record check data; 7. Reference checks; 8. Insurance information; 9. Performance appraisals, commendations, and promotions; 10. Disciplinary and adverse action notices and supporting information; 11. Change of status records; 12. Termination form;

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13. Attendance and leave information; 14. Medical records [Medical]; 15. Worker's compensation information [Safety]; 16. Active or inactive EEO file [EEO Coordinator or counselor]; & 17. Training and education file [Training Officer].

The Training Officer maintains records of each training course attended by officers of Olmos Park Police Department, and continually update officer files upon completion of courses.

Accuracy of Contents: Personnel files are periodically reviewed to ensure they contain only information relevant to the individual's employment. Each record in the file is examined for accuracy, timeliness, and completeness. Upon receiving approval of the Second in Command in accordance with regulations, irrelevant, inaccurate, or obsolete material is purged from the file.

Retirement of Records: Personnel files of former employees are retired ninety [90] days after severance, and stored in a secure area appropriately designated. Compliance with state regulations for destruction of such records is the responsibility of the custodian of the files, as assigned by the Police Chief.

File Access: Only authorized personnel with a legitimate need may inspect personnel records. Employees may review their personnel files at any time by making a request for such review to the Police Chief in writing. Letters of reference and other reference information, evaluation material used during the hiring process, management records, and other files separate from the official personnel files are considered confidential, and may not be made available for employee review. Records are reviewed in the presence of a designated personnel staff member. No marks may be made on any document. After review, the employee is to sign a form acknowledging the review. The observer is to also date and sign the form, and place it in the employee's personnel file.

Challenges to File Contents: Following a review of the personnel file, an employee may challenge any information in the file by filing a written objection and request for removal or correction with the Police Chief . The Police Chief responds to the request, indicating the decision on that issue within fifteen [15] business days. An employee denied a requested record change of this type may appeal in writing to the Human Resource Officer.

Confidential Files: Confidential records maintained at the direction of the Police Chief or designee may include such vital information as: 1. Policy & Procedure Master Copy; 2. Force Evaluations;

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3. Confidential Informer Files; 4. Building and Facility Construction Plans; & 5. Risk and Needs Assessments.

These and other confidential files may be maintained in the same office as staff personnel records; however, they are secured under separate lock and key.

General Security of Confidential Records and Files: Employee and other confidential files and records are safeguarded under locked storage and fire resistant safes located in an area that assures only authorized personnel may access the room and files.

Anyone authorized to receive or review a confidential file, is to sign for the file, and return it in the time specified by the custodian of records. Normally, review of these files takes place in the secured area where the files are stored.

At the end of each day or work shift, confidential files are accounted for and returned to the secured container from which they were borrowed.

Requests for personnel or other confidential information from sources outside the agency are directed to the Police Chief.

Security of Personnel Files: Upon written approval of the Police Chief personnel information is released to non-agency persons whose requests are approved and received in writing.

Requests for information for personnel records other than bona fide criminal investigations are forwarded to the individual whose records are requested for approval. The following information is considered non-confidential and may be released by the Police Chief or designee without employee clearance: employment dates; position(s) held; duty stations; and wage and salary verification [only verification of amounts provided by requester]. If additional information is requested in non-criminal cases, the employee is to provide written consent, which is retained in the employee’s personnel file.

Security of Confidential Files: The Police Chief is to use his/her best efforts to protect this information from release to the public directly or indirectly. The Police Chief has the authority to release confidential records maintained by this facility, with the exception of portions of personnel records as discussed above.

Any document discussing or detailing vulnerabilities, standards of performance, response plans, policies and procedures, drills, training methods, or handling procedures is confidential restricted law enforcement data, and not intended for release to any outside source without the prior written approval of the Police Chief.

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Subject: Uniforms Policy Number: 4.13

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

All employees present a professional image to the public by consistently maintaining a neat and clean appearance during the performance of official duties or at any time that he or she is representing Olmos Park Police Department, or identified by the public as a member of this agency.

Uniform- Licensed Officers: At all times, officers are dressed in complete and proper uniform. Therefore, officers and some other employees receive regulation uniforms consisting of the following items: 1. Hat(s); 2. Jacket or coat; 3. Short-sleeved or long-sleeved shirt for both summer and winter as appropriate; 4. Pants; 5. Belt; 6. Identification plate; 7. Badge of office; & 8. Olmos Park Police Department patches.

Additional items that considered components of the uniform include: 1. Body armor vest; 2. Service weapon; 3. Night-stick or its equivalent; 4. Holster; 5. Flashlight; 6. Footwear; 7. Socks; 8. Handcuffs; 9. Handcuff pouch; 10. Cartridge pouch or magazine holder; 11. Ammunition; 12. ‘O’ ring(s); 13. Safety reflective vest, or covering [situational]; &

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14. Foul weather gear [seasonal & and conditional].

Uniform- Civilian or probationary employees: Some, non-sworn employees, new employees, wear a similar uniform consisting of: 1. Hat; 2. Jacket; 3. Short-sleeved or long-sleeved shirt for both summer and winter as appropriate; 4. Pants; 5. Identification plate or embroidered patches; & 6. Agency patches.

Uniform-Plain Clothes Personnel: Plain-clothes employees dress conservatively as outlined in the Appearance Policy. Male employees wear slacks, a dress shirt, suit or sport jacket, dress shoes, and a tie. Female personnel wear conservative type business suits or ensembles. Corporate casual attire is appropriate for certain functions. Officers use discretion and dress according to the anticipated audience and the environment.

Uniform Requirements: 1. Uniform clothing is clean and pressed. 2. No uniform clothing items may be excessively worn, faded, torn, frayed, or patched. 3. Duty gear, belt, holster, handcuff case, etc. are the appropriate color and style as determined by the Police Chief. 4. Silver or brass items are clean and properly polished. 5. When in uniform, all pieces of the uniform and all uniform equipment is worn. 6. Shoes or boots are the appropriate color and styles as determined by the Police Chief and clean, shined, and polished appropriately on a regular basis. 7. Socks that are exposed are an appropriate color that matches the uniform. 8. Personnel are held accountable for the return of all agency issued items. 9. No issued item is to become the property of any individual. 10. Items lost or damaged during law enforcement activities are reported to Olmos Park Police Department. 11. Replacement of items of personal purchase, which are lost or damaged in law enforcement activities, are determined on a case-by-case basis. 12. Property lost or damaged because of law enforcement activities are promptly reported, and replacement costs determined so the officer involved may request to the courts that prosecution of the individual include reimbursement costs to the agency.

Uniform for special details: Special patrol details and assignments such as bicycle patrol require corresponding uniform requirements. The unit supervisors of such special units develop uniform guidelines as necessary.

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Uniform for Court Appearances: Male officers wear full uniform or may wear suits including dress shirts, slacks, suit or sport jackets, dress shoes, and ties. Female officers wear full uniform or may wear dresses or slacks, coordinated blouse and skirt, or a conservative business suit.

Page 3 of 3 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Light Duty Assignments Policy Number: 4.14

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

When practical Olmos Park Police Department may provide opportunities for restricted or light duty assignments for employees in conjunctions with a treating physician’s defined limitations or restrictions, as staffing and agency requirements allow.

PROCEDURE:

Documentation: An employee, upon learning of physical or mental restriction or challenge that may hinder or limit job performance, whether by self-assessment or by a treating physician: 1. Must promptly notify their immediate supervisor verbally, and then in writing within 12-hours. If a treating physician was not the originating source of the notice to employee, the employee must seek a prompt medical evaluation. 2. Notification to the supervisor is accompanied by a written statement from the physician: a. Defining the employee’s general physical or mental condition or challenge, and any would-be joy-related limitations b. Anticipated period of treatment or recuperation 3. Supervisor forwards the notification, along with all documentation supplied by the physician to the Police Chief. 4. During any light duty assignment, the employee may be required to periodically provide their supervisor: a. Statement or documentation from the treating physician regarding the employee’s: i. Current condition; ii. Whether the condition is improving or not; & iii. Current, new, or changes to limitations or restrictions.

General Information: Light Duty assignments are at the sole discretion of the Police Chief, based on information received, physical or mental limitations of the employee, and agency needs. Generally light duty assignments:

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1. Are of limited duration and availability; 2. May be denied or terminated at any time at the sole discretion of the Police Chief; 3. May be considered for on-duty or off-duty injuries or illnesses. a. Priority is normally given for on-duty and workers’ compensation related accidents i. Workers’ compensation related assignments are generally limited to sixty [60] calendar days. ii. May be extended, at the discretion of the Police Chief. b. Off-duty injuries or illnesses, are a secondary priority; i. Non workers’ compensation related assignments are generally limited to thirty [30] calendar days. ii. May be extended, at the discretion of the Police Chief.

Assignments: Once approved for light duty assignment the employee is encouraged to attend physical therapy or other approved and scheduled medical treatment. 1. Once approved, light duty assignments is generally restricted to agency or other Olmos Park operated facility, depending on the employee’s: a. Limitations; b. Trade, skills, or technical abilities; & c. Availability of potential light duty positions and work. 2. Employees assigned to light duty report to the immediate supervisor overseeing the light duty assignment. 3. Employees serving light duty assignments may have their job description, duties and place of work changed during the course of their light duty work assignment. 4. At the sole discretion of the Police Chief, the employee may or may not be allowed to carry firearms or other weapons, while assigned light duty. 5. Once the treating physician has determined that the employee is able to return to his/her regular duties, the employee: a. Promptly notifies their supervisor in writing, & b. Includes the written release from the physician. 6. Supervisor forwards all documentation to the Police Chief, for a final decision regarding return to normal duty status.

Duty Hours & Days Off: The employee’s duty hours, work shift, and days off may be adjusted: 1. By the light-duty supervisor, as needed. 2. Duty hours may be shortened.

Employee Responsibilities: Employees working light duty assignments are required to follow the treating physician’s instructions both on and off-duty. 1. Employees assigned to light duty assignments: a. Work hours as dictated by their light duty supervisor;

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b. Wear acceptable clothing as dictated by the supervisor; c. Not drive or ride in marked police units; i. However, may drive or ride in unmarked units after: 1. Approval from a supervisor, & 2. If not restricted by physician or ability. d. Not place themselves in a position that may exacerbate or otherwise worsen the existing medical condition or possibly put the employee, other employees, or the public at unnecessary risk; e. Not work in an off-duty or secondary employment capacity; & f. Promptly notify the supervisor, in writing, of any changes in condition, status, additional restrictions, etc.

Page 3 of 3 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Electronic Media Security Policy Number: 4.15

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Employees of Olmos Park Police Deparment may access, create, and use electronic media while on duty only for the benefit of and in furtherance of the agency’s mission. Information and electronic media is only transmitted or provided to authorized recipients, and is not distributed or used for personal use or enterprise.

Officers and staff are mindful that any statement, comment, or image (official or personal) they may maintain, post, or communicate through electronic media may become discoverable or exculpatory in a civil or criminal court action.

Employees also comply with applicable federal laws regarding electronic communications and software copyright regulations, safeguard the facility from computer virus infections, and limit Internet and electronic communication use to official business only.

DEFINITIONS:

 Discoverable - Discovery is the pre-trial phase in a lawsuit in which each party through the law of civil procedure can request documents and other evidence from other parties and can compel the production of evidence by using a subpoena or through other discovery devices, such as requests for production of documents, and depositions. In other words, discovery includes (1) interrogatories [questions posed in writing]; (2) motions or requests for production of documents; (3) requests for admissions; and (4) depositions [verbal questions and answers].

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and online content. Most new media are in the form of digital media. However, electronic media may be in either analog or digital format. Any equipment used in the electronic communication process, i.e., telephones, fax, cellular phones, television, commercial radio, two-way radios, telephone, computer, game console, pagers, hand-held devices, etc. are considered electronic media.

General examples of places where a person has a reasonable expectation of privacy are person's residence, or public places that have been specifically provided by businesses or the public sector to ensure privacy, such as public restrooms, attorney visitation room in a jail or lockup, or a phone booth.

PROCEDURES:

Authorization and Use: Olmos Park Police Deparment electronic media and communications systems exist solely to aid and assist employees in the performance of their assigned duties. Employees therefore, limit their communications using these systems to transactions and activities that support their official responsibilities. Security clearance and access to information is restricted to official business and does not permit employees to access information for personal reasons, financial gain, or unauthorized distribution. Any misuse or unauthorized distribution of agency electronic media systems or media is grounds for disciplinary action, and/or criminal prosecution.

Such access and use of NCIC, State, or organizational files is restricted to authorized inquiries, entries, modifications, research, and investigations.

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Use of information: Much of the information obtained through law enforcement paper and electronic media systems is confidential, restricted, or sensitive data that is carefully controlled to ensure compliance with ethical considerations, and applicable local, state, and federal guidelines. Any employee accessing files or obtaining information from law enforcement systems, whether such is electronic media, paper form, or in any other format are personally accountable for the appropriate, correct use and safekeeping of the information.

Some sensitive information in our electronic media or hardcopy files should only be accessed by authorized individuals having a need to know. If you have a doubt about your authorization to access certain data, before accessing the information check with your supervisor. These records normally include internal affairs, personnel, intelligence, and undercover operations files.

Responsibility: Employees who use agency electronic media or equipment are accountable for proper operation and each transaction made. The system administrator may track entries; recording the time, date, person making the entry, and the file entered. Employees operating the system exercise reasonable care of the equipment, and are personally responsible for damage resulting from neglect or intentional abuse. Employees violating this policy are subject to disciplinary action up to and including termination, as well as any criminal or civil penalties, allowed by law.

Evidence Possession, Protection, & Security: All tangible and/or electronic media equipment and data collected or retained while on- duty becomes evidence and is processed and secured as evidence. The following applies in such instances:  Cell phones, cameras, radios, computers, etc., and the content thereon seized or recovered at a scene is: o Potential evidence, and is handled and reported as evidence; o Field officers do not access, copy, or retain any equipment or media seized or recovered; o Seized or recovered media is only accessed, recorded, or copied by trained staff authorized by the Police Chief to conduct such examinations. o All recordings, documents, pictures or other electronic media stored are retained according to state laws and guidelines for appropriate records retention.  When any subpoena or request for documents are received such documents or recordings are properly secured, retained, and not deleted until the case is resolved or ordered by the court. Photographs, video, or other media recordings taken, recorded on agency issued or approved equipment, or while on duty with personally owned equipment, is the property of Olmos Park Police Deparment and are handled as evidence or turned over to a supervisor at the end of shift.

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Expectation of Privacy Warning: Employees are on notice that there is no expectation of privacy when using electronic media that is provided by, funded [in whole or in part], or authorized for use by employees. Olmos Park Police Deparment has the right to review and/or search an employee’s work and personal communications when necessary for investigatory and non-investigatory work-related purposes.

Employees are cautioned that court decisions have determined that a law enforcement agency employee's personal electronic media is discoverable, and possibly exculpatory when determining the credibility of a testifying office. This includes postings on web sites during off-duty hours and through privately owned electronic media. Specifically, officers have been targeted for their comments, pictures, and other items found in forums, blogs, instant messaging, text messaging, Myspace, Facebook, etc.

Employees, especially officers, are reminded that once you or someone posts information on the internet or in other public media, it is there virtually forever. Once impeached as a credible witness, an employee’s effectiveness as a law enforcement officer may end. It is not an effective defense to claim that you:  Considered the posting, exchange, or discussion private;  Sent or exchanged the information or image during your off-duty time;  Have differing personal and professional views and keep the two separate; and/or  Did it as a joke or to be funny.

Said plainly, do not create or post electronic media that you would not want Police Chief, a judge or a jury to see and evaluate or judge you by, or would establish just cause for them to have the opportunity to go through your personal phones, computers, email and other similar material. For more on this important topic, see the Social Media Policy.

Olmos Park Police Deparment Images, Logos, Badges, & Other Identifying Media: Use and publication through electronic media of the Olmos Park Police Deparment’s name, logo, badges, patches, uniforms, equipment, letterheads, etc. is authorized for official use only. Such media or items are not to be displayed or referenced in private or public electronic media without the prior approval of the Police Chief or designee. This includes photographs or images posted on web sites or through other electronic media.

Electronic Media Collection While on Duty or Acting under Color of Law: While in the performance of your official duties, you are most likely to be exposed to situations that are tragic, funny, circumstantially rare, or interesting. Especially at crime scenes, while interviewing suspects and witnesses, at motor vehicle accidents, and the like. Some of these events may even involve high profile personalities.

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All electronic media recorded or collected while on duty or acting under color of law becomes the immediate property of Olmos Park Police Deparment and is handled and accounted for as with all other evidence. This evidence may not be transmitted to other personnel in or out of the agency, unless for official use only and in furtherance of agency goals and objectives. Officers and employees are not authorized to retain personal copies of such evidence in any form.

Except in exigent circumstances officers and employees, do not record or take photographs or make recordings at incident locations with personal cell phones or other media devices. In rare instances, when this does occur, the recording is property of the agency and processed as evidence.

Employees know that there is no expectation of privacy when using personal electronic media in order to carry out the employees’ job related duties and functions. Olmos Park Police Deparment has the right to review and/or search any employee’s work and personal communications when necessary for investigatory and non-investigatory work- related purposes.

Software Security: In compliance with software piracy laws, no software from this agency may be removed from the premises or copied for personal use. No software or electronic media may be brought into this agency or installed into agency electronic media without the express permission of the Police Chief or designee. When permission is obtained, the software or media is installed by a qualified individual, in accordance with licensing agreements.

Requests for new software may be made through the office of the Police Chief or designee. If approved, the software is purchased and registered in the agency’s name. Software installed on individual Electronic Media is subject to review at any time and unauthorized software is removed. Unauthorized personnel are not allowed access or use of agency computers either within or outside agency facilities.

Terminal, Internet & Email Security: Access to the Internet and email are for official business only. Messages transmitted or received by email are considered agency property, and not the personal, confidential messages of the employee.

Employees have no expectation of privacy regarding the use of agency electronic media systems, software, or files. The following rules apply to agency equipment and electronic media: 1. Passwords are used to protect and gain access to the email system, and should be changed frequently. All individual passwords are approved and registered with the Police Chief before being issued. 2. Employees do not insert, store, or keep personal electronic media on agency equipment.

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3. Supervisory staff specifically designated by Police Chief has the right and oversight responsibility to enter agency email system(s) to review, copy, delete, or disclose any message. 4. Email messages or other sensitive media should not be left on an electronic media screen when the employee is away from their desk. 5. Computers are set to time-out, requiring re-entry of a password, at least every fifteen [15] minutes. 6. All messages on the email system are businesslike. Employees do not transmit or receive personal messages on this system. 7. Except for official business, and part of an assigned investigation: a. No information protected by copyright laws, including software, is sent, or copied via email unless expressly authorized by a supervisor. b. Employees do not transmit or receive any message containing profanity, vulgarity, or harassing or defamatory language. c. Employees do not transmit or receive photographs or images of a pornographic, vulgar, harassing, or defamatory nature.

Portable Media Security: Portable electronic media and associated hardware such as laptops and flash drives are very vulnerable to theft and misuse. The following are guidelines to protect electronic equipment and media when used outside of the agency’s secured environment: 1. Always carry a laptop or other media in its specially padded carrying case. 2. When traveling by air, always carry the laptop or media on the airplane. Never check a laptop as baggage and never put the items inside another case checked as baggage. 3. Hand-carry the laptop or media when traveling to and from the airport. For example, do not put it in the trunk of a cab or on the rack of an airport shuttle. 4. Make sure that there is no disk in the floppy or in the CD drive. 5. If you carry electronic media home to work on extended agency projects, the media is carried to and from the office on a daily basis during the workweek. Under no circumstances is Olmos Park Police Department property or media to be left at your residence while you are at work without the expressed permission of Police Chief. 6. Equipment and electronic media may be assigned individually or signed out at agency discretion as approved by the Police Chief.

Page 6 of 6 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Social Media Policy Number: 4.16

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Officers and employees do not use any form of social media or social networking, in any way to tarnish themselves or Olmos Park Police Department’s reputation. Employees of this agency are held to a higher standard than general members of the public and your online activities must reflect these professional expectations and standards.

DEFINITIONS:

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

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

 Forum - An online discussion site.

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

 Identity - An online identity, Internet identity or Internet persona that a social networking user establishes. This can be a real name, an alias, a pseudonym or

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a creative description.

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

 Mobile Social Networking - Social networking using a mobile phone or other cellular based device.

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

 Posting - The act of creating, uploading, editing or adding to any social media outlet. This includes text, photographs, audio, video or any other multimedia file.

 User Name - The name provided by the participant during the registration process associated with a Web site that will be displayed publicly on the site.

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

PROCEDURES:

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

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

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

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

3. Logos, badges, seals, uniforms, vehicles, equipment or any item or symbol that is affiliated with this agency.

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

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

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

1. Unless explicitly granted permission by management of this agency, do not identify yourselves, in any way, as employees of Olmos Park Police Department.

2. Do not use any reference to infer you are employees of this agency during social media or social networking participation or maintenance.

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

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

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

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

7. Weaponry, either owned or controlled by this agency or employees, is not to be displayed or referenced if such displays or references depict, promote, or glorify violence.

8. No text, photograph, audio, video or any other multimedia file included on a social media or social networking site that infers, implies, states, opines or otherwise expresses the employee’s views on individuals or groups of the public that is detrimental or demeaning to the public or the agency’s mission, or the maintenance of the public’s trust is not allowed.

9. Any text, photograph, audio, video, or any other multimedia file included on a social media or social networking site that infers, implies, states, opines or otherwise expresses the employee’s views on the legal, judicial or criminal systems shall not undermine the public’s trust and confidence in this agency.

10. Any posting that detracts from the agency’s mission is considered a direct violation of this policy.

11. Unless serving as an explicitly permitted tool of public information or community outreach, no employee may use their rank and/or title in any social media or social networking activity.

12. Employees who are brought under administrative or internal investigation related to their or the agency’s performance, functionality or duties as an employee may be required to provide the agency, or its designated investigator(s), with any access to the social media and social networking platforms in which they participate or maintain.

13. If requested to do so, employees will complete an affidavit attesting to all the social media and social networking platforms in which they participate or maintain.

14. Any candidate seeking employment with this agency shall complete an affidavit attesting to all the social media and social networking platforms in which they participate or maintain. The candidate shall be required to provide the designated background investigator with access to the social networking platforms in which they participate or maintain by providing user names and passwords during the background process.

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Subject: Discipline & Accountability Policy Number: 4.17

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Officers and civilian employees, to the best of their ability, live up to the ideals expressed in the Mission Statement, Code of Ethics, and Objective Statements of Olmos Park Police Department. All employees obey agency policies and procedures, written and verbal orders, rules, directives, and standards of conduct. Noncompliance with these goals and standards results in disciplinary action to improve individual and group performance.

PROCEDURES:

Discipline in law enforcement is essential to officer and employee survival, and is the determining factor in promoting a safer work environment. There are many things we can not control while performing our jobs; however, discipline is one thing we can all agree needs to be fostered and enforced.

General Guidelines - Disciplinary Action:

Noncompliance or violation of policy, conduct that interferes with operations which discredits the agency, or is offensive or dangerous, is grounds for disciplinary action. Disciplinary action may be appropriate whether or not such action is specifically prohibited by written goal, objective, policies and procedures, order, rule or directive. This policy set does not attempt to define all errant behavior. Employees use their best efforts to comply with both the spirit and word of these guidelines.

Employees are expected to perform assigned tasks efficiently and safely and in accordance with applicable quality standards and safety requirements.

All employees are expected to treat citizens, visitors, employees, managers, supervisors, prisoners, and others with courtesy and respect.

Disciplinary actions are based on the concepts of equality and equity. Olmos Park Police Department does not discriminate or show favoritism on the basis of sex,

Page 1 of 4 Law Enforcement Policies and Procedures, 4.17 Discipline & Accountability ethnicity, race, religion, color, age, or physical disability.

The Police Chief has the responsibility and right to determine the discipline to be imposed for violations or non-compliance.

Progressive disciplinary measures are generally followed. However, circumstances, officer and employee attitudes and performance, and any extenuating and mitigating factors may be considered when determining the discipline to be imposed.

Discipline may include, but is not limited to, counseling, warning, and suspension, or any other remedial steps deemed desirable, such as demotion, permanent or temporary disqualification, transfer, wage reduction, training and/or imposing conditions on continued employment. Discharge from the agency may be imposed for a first offense and may be imposed, whether or not any other step(s) of progressive discipline have first been imposed.

In cases of serious misconduct such as major breaches of policy, or violations of law, or threats to human life, procedures contained in this policy may be waived. Disciplinary action on the part of the agency does not shield the officer or employee from criminal or civil charges that may arise out their deliberate or negligent acts.

General Reasons for Disciplinary Action: An officer or civilian employee may be disciplined or terminated for a number of reasons including, but not limited to: 1. Dishonesty, such as falsifying or altering any document, record, or report relating to the agency or law enforcement operations and/or relating to employment, such as a time card, employment application, medical report, or expense reimbursement request; and, providing false or misleading information and/or failing to provide truthful and complete information in a written or verbal report. 2. Repeated or serious violation of policies & procedures. 3. Violation of the law. 4. Conviction of a criminal offense, including a felony, certain misdemeanors, or any offense involving moral turpitude. 5. Insubordination to a superior. 6. Reporting to work under the influence of alcohol or any controlled substance not prescribed by a licensed physician. 7. Offensive conduct or language toward the public, superior, or other employees. 8. Carelessness or negligence in the use of agency property. 9. Accepting or encouraging the taking of a bribe. 10. Encouraging other persons to commit illegal or inappropriate acts. 11. Failing to report to work, court, or official duty assignments without reasonable cause, or excessive tardiness. 12. Failure to observe starting, quitting, and and/or break times. 13. Horseplay or dangerous acts. 14. Violation of security, health, safety, or environmental standard.

Page 2 of 4 Law Enforcement Policies and Procedures, 4.17 Discipline & Accountability

15. Careless workmanship, production, or use of equipment. 16. Competing with the interests of Olmos Park Police Department. 17. Theft, attempted theft, misappropriation, or willful damage to property. 18. Distribution, transfer, sale, possession or consumption at the work place or on government property of any alcohol, intoxicant, or controlled substance which has not been prescribed for the one in possession, the recipient, or the one consuming. 19. Threatening, intimidating, harassment, coercing, abusing, or interfering with a supervisor, manager, independent contractor, supplier, visitor, or co-employee, either by words or action. 20. Unauthorized disclosure of any confidential information or law enforcement work product. 21. Failure to report any accident, misconduct, or rule violation to an immediate supervisor, or the Police Chief, or 22. Failing to cooperate with and/or failing to provide information requested in connection with any authorized investigation or inquiry.

Reporting of Disciplinary Action: Whenever disciplinary action is used, the employee is at a minimum advised of: 1. Exact offense violated; 2. How the violation affects ability to be an effective, efficient, or safe employer, or adversely effects Olmos Park Police Department; 3. What the member has to do to avoid future disciplinary action; 4. How much time the member has to correct the problem; &, 5. What further disciplinary actions, including termination, occur if performance does not improve?

An employee be advised as to other matters in addition to those items set forth above, such Agreements are followed.

Non-Disciplinary Action: Not every supervisory interaction or intervention with a member is to be construed as discipline. The following are examples of non-disciplinary courses of action: 1. Supervisory Consulting: Except in cases of culpability, correcting undesirable conduct may be handled by the Shift Supervisor in an informal atmosphere. This means taking the member aside and discussing the problem, candidly and openly. These actions may or may not be formally documented on the first occasion, depending on the supervisor’s discretion, and the seriousness of the errant behavior. Repeat violations are documented by the supervisor. 2. Counseling: At times, personal problems may interfere with the member’s ability to perform normally. When the results are not serious enough for discipline but call for a more formal type of corrective action, counseling is an excellent tool to help the member. Counseling is not a form of discipline but is a tool available to correct problems and refocus on performance priorities.

Page 3 of 4 Law Enforcement Policies and Procedures, 4.17 Discipline & Accountability

3. Administrative Leave: Administrative leave occurs any time the member is removed from duty until an investigation or other administrative proceeding is completed. Usually situations of this nature involve cases of suspected misconduct, such as alleged criminal activity, fighting, continued non-compliance, or being mentally or physically unfit for duty. In such cases, leaving the member in position would create an unreasonable liability or safety issue for fellow workers or the agency. The Shift Supervisor can order a relief from duty and then immediately report the action to the Police Chief. The Police Chief then initiates an investigation and makes a decision within 24 hours about whether the relief continues, and for how long. The nature of the leave, (whether with pay or without), is impacted by a number of factors and is determined on a case by case basis. Generally, speaking, administrative leave is with pay. 4. Administrative Absence – Use of Force or injury: Following a deadly use of force or major injury to the officer, a furlough may help the member adjust and handle any personal or emotional needs resulting from traumatic events. Administrative furloughs are mandatory, initiated by the Shift Supervisor, or the senior management official at the scene. An administrative absence for a major injury or use of deadly force incident may continue until the employee involved has received counseling by the Police Chief, designee, or a licensed professional.

Disciplinary Action: Olmos Park Police Department takes appropriate efforts to maintain a disciplined department. At the discretion of the Police Chief the following manners of discipline may be pursued. Note, it is not necessary to start at step one if the seriousness of the employee’s conduct exceeds that form of discipline: 1. Written Warning or Reprimand: Written warnings or reprimands are a way of recording the employee infraction. Such records are placed in the employee’s file and provided to the employee within 48 hours of the infraction. 2. Suspension: An employee may be suspended without pay by the Police Chief. The suspended member may appeal a suspension by stating justifiable grounds for their action, in writing to Police Chief. The Police Chief has the option of vacating the suspension, increasing the suspension time or terms, or letting the decision stand. 3. Demotion: The employee may be demoted to a position of a lower grade or lower responsibility. Demotion as a form of discipline is intended to be punitive and can occur concurrently with a suspension. 4. Termination: If all other forms of discipline fail to correct the conduct of the employee, or the actions of the employee are deemed serious termination is the last resort.

Page 4 of 4 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Employee Grievance Policy Number: 4.18 Procedures Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department treats all employees fairly regarding employment matters.

DEFINITION:

PROCEDURES:

Discrimination or retaliation against employees who file grievances is strictly prohibited, and such actions are subject to disciplinary action. The grievance procedures set forth in this policy are only available to eligible employees.

Conditions and Limitations: The agency retains the right under law, regulations, and policy to direct employees in the performance of their duties; to take the necessary actions to achieve proper ends under routine and emergency situations; and to hire, promote, transfer, and assign employees as well as to suspend, demote, discharge, or take disciplinary action against such employees for cause.

This grievance procedure is not applicable to matters for which an appeal process is otherwise provided.

Grievance Procedure: The grievance procedure established by Olmos Park Police Department consists of steps that are to be followed in order before an appeal is moved to the next step, unless otherwise specified in this policy. These steps include:

Page 1 of 3 Law Enforcement Policies and Procedures, 4.18 Employee Grievance Procedures

1. An employee who believes that their work environment can be made more effective is to present the matter for consideration by: a. Discussing the specific problem with their supervisor or the Police Chief. It is always preferred that employees follow the chain of command when practical. A problem that results from a specific event or actions are to be presented within seven [7] calendar days of the occurrence. b. Decision or action of the supervisor or Police Chief is rendered to the employee within seven [7] calendar days. c. If the opportunity for improvement cannot be resolved through discussions with their supervisor or the employee wishes to document the grievance for additional consideration, he may submit a written grievance to the Police Chief. 2. Formal grievances are accepted by the Police Chief. The grievance: a. Is in writing; b. Clearly defines the situation in question, and the facts upon which it is based; c. Specifies the wrongful act or situation, and describe the harm done; d. Arises out of an act or failure to act that directly relates to the working conditions of the eligible employee or to the employee’s employment relationship; e. Addresses a matter within the control of the agency; f. Requests a remedy that is within the power of the agency to grant; g. Is submitted within seven [7] calendar days following receipt of the first level supervisors original decision; h. Includes a copy of any written supporting documents or pertinent discussion, decision and justification; & i. Specifies the requested remedy, if known.

In normal circumstances the Police Chief responds within seven [7] calendar days of receipt.

Response from Appeal: A written response is provided to the employee within seven [7] calendar days after receipt of the appeal to include:

1. Response to the grievance; 2. Discussion or comments, if any; 3. Affirmation or denial of the allegations; & 4. Identification of any additional remedies or adjustments, if any.

Time Limits, Extensions, and Withdrawal of Grievances: An employee is required to file a grievance within seven [7] calendar days of its occurrence or the grievance is void, unless the employee has requested a time extension in writing, and the extension is approved. Involved parties may request one extension not to exceed seven [7] calendar days. If the agency fails to process a

Page 2 of 3 Law Enforcement Policies and Procedures, 4.18 Employee Grievance Procedures

grievance, the employee is encouraged to make a reasonable attempt to determine the reason for the delay.

At any time during the grievance process, the employee may withdraw the grievance by making written notification of the withdrawal available to all parties involved in the grievance process.

Coordination of grievance procedures: The Police Chief may from time to time designate an employee to coordinate grievance procedures. This employee, if designated, is responsible for:

1. Maintaining and controlling records relating to grievances; 2. Scheduling activities; & 3. Preparing written responses or reports.

Page 3 of 3 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Off-Duty Conduct Policy Number: 4.19

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

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

DEFINITIONS:

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

DISCUSSION:

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

Officers performing official acts under color or law, and applying reasonably good judgment may have qualified immunity from civil liability or criminal prosecution.

Page 1 of 3 Law Enforcement Policies and Procedures, 4.19 Off-Duty Conduct

However, this conditional protection does not necessarily extend to acts intended to cause injury or damage, or to those actions that the officer knew, or reasonably should have known, were in conflict with established law.

PROCEDURES:

Guidelines for Off-Duty Conduct: Officer conduct, both on- and off-duty reflect on this agency, and the subsequently, the officer’s ability to perform their job during working hours.

Employees are always subject to a call to duty during their off-duty time. They are also subject to be placed on emergency stand-by when conditions warrant such action.

Carry of Agency & Non-Agency Weapons: Off-duty officers may carry agency approved off-duty weapons as authorized in the firearms policy. Officers may only use these weapons in compliance with the Use of Force policy.

Off-duty personnel may carry a weapon other than an agency approved weapon in accordance with state concealed handgun laws, when the employee: 1. Is in full compliance with those state law; 2. Is not carrying agency credentials or identification; nor 3. On duty.

In such instances, the individual’s actions are governed not by agency policy, but rather by the laws of the state governing a citizen’s right to defend themselves or others.

Off-duty responsibilities: Off-duty officers have a responsibility to: 1. Refrain from taking enforcement action whenever practical; 2. Immediately report suspected or observed criminal activities to appropriate on- duty authorities; 3. If taking action, abide by agency policies and procedures when affecting an arrest, or intervening in a situation; 4. Carry agency credentials and badge when practical; 5. Come to the aid of fellow officers and the general public, when practical to do so; & 6. Take immediate enforcement actions only to safeguard life or prevent felony property loss, or prevent escape of dangerous offenders.

Permitted Off-Duty Arrests: Off-duty officers within their legal jurisdiction may make arrests only when: 1. Not personally involved in the incident underlying the arrest; 2. There is clear and articulable probable cause to arrest;

Page 2 of 3 Law Enforcement Policies and Procedures, 4.19 Off-Duty Conduct

3. There is an immediate need for the prevention of a serious crime or apprehension of a felony, possible injury to a person, or violent suspect; 4. Crime requires a full custodial arrest; 5. In possession of appropriate identification and badge; & 6. There are no on-duty officers present or capable of responding in a reasonable period.

Prohibited Off-Duty Arrests: Except in exigent circumstances, officers of this agency may not make an arrest off- duty: 1. When personally involved in the underlying incident; 2. When engaged in off-duty employment and the officer’s actions are in sole furtherance of the interests of the private employer; 3. As enforcement of a minor traffic regulation, code, or administrative matter; 4. After consuming alcohol or other mind-altering chemicals within the previous eight-hours, or 5. When they have custody of minor children or other dependent individuals and are responsible for their safety and protection.

Neighborhood Disputes: Officers do not intentionally become involved in or attempt to intervene in neighborhood quarrels or disputes involving their neighbors, friends, or relatives. Such disputes are potential conflicts of interest. Officers should avoid these situations, contact the dispatcher and request uniformed personnel who have no bias to the outcome of the situation.

Page 3 of 3 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Off-Duty or Secondary Policy Number: 4.20 Employment – Shared Management Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

In order to maintain quality community services without conflicts of interest, reduce officer fatigue, avoid conflicts of interest, and maintain our code of ethics and standards Olmos Park Police Department regulates off-duty or secondary employment through an agency-controlled program. To further our objectives, all employee secondary or off- duty employment requests are reviewed and approved prior to allowing such secondary or off-duty employment.

DEFINITIONS:

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

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

PROCEDURES:

General Guidelines for Off-Duty or Secondary Employment: The very nature of law enforcement and our duty to the public means that employment with this agency take precedence over any other employment. As such employees are subject to call or recall to duty at any time, without regard to their normally schedule work hours. Normally, such calls to duty or recalls are for actual or anticipated

Page 1 of 8 Law Enforcement Policies and Procedures, 4.20 Off-Duty or Secondary Employment – Shared Management

emergencies. In all cases, the employee’s primary job has precedence over other individual obligations. As such, any off-duty or secondary employment must be approved by the Police Chief or designee prior to the employee engaging in such employment.

Off-duty and secondary employment jobs fall into two distinct categories: 1. Agency approved law enforcement related secondary employment; and 2. Secondary employment that is not law enforcement related.

LAW ENFORCEMENT RELATED SECONDARY EMPLOYMENT:

Employees may work a secondary job related to off-duty in law enforcement, subject to conditional prior approval by Olmos Park PD. For such secondary employment, the following conditions apply:

1. Work for Olmos Park PD is each agency employee’s primary employment. 2. All approved law enforcement related work performed for an agency, business or public entity other than for Olmos Park PD is based on the officer’s individual State peace officer license. 3. In order to be eligible for secondary employment, an employee must be in good standing with this agency. Continued approval of an employee’s off-duty employment is contingent on such good standing. 4. Employees are not eligible for secondary employment who: a. Have not completed the probationary period, or Field Training Officer [FTO] sign-off; b. Are on medical or other leave due to sickness, temporary disability or on- duty injury; or c. Is currently suspended or are on administrative leave [with or without pay]. 5. Work hours for all off-duty employment are scheduled in a manner that does not conflict or interfere with the employee’s performance with this agency. 6. Olmos Park PD establishes the maximum number of off-duty hours an employee may work in a given week, and this may change from employee to employee based on the work conditions of the off-duty activity. 7. Employees maintain a schedule that does not allow off-duty employment to interfere with at least eight [8] hours of relaxation, rest, and personal time between each official tour of duty. 8. Employees engaged in any off-duty employment are subject to call-out in case of emergency. Should a call-out occur, officers are required to leave their off-duty employment and report for duty. 9. Permission for an employee to engage in outside employment may be revoked when it is determined to be in the best interest of the agency, officer, or service to the community. 10. Employees working approved law enforcement related secondary jobs work in full agency uniform unless the assignment is specifically approved as a plain clothed assignment.

Page 2 of 8 Law Enforcement Policies and Procedures, 4.20 Off-Duty or Secondary Employment – Shared Management

11. With the exception of personal uniform and carried equipment, no Olmos Park vehicles, fuels, or other property may be used while working a secondary job. 12. Employees desiring to work in an off-duty capacity involving law enforcement services completes Attachment I, and submits it through channels for the Second in Command’s consideration and approval, along with the potential employer’s Agreement [Attachment II]. 13. Prior to commencement of work on any law enforcement related secondary job, the proposed employer completes and the Police Chief considers Attachment II.

NON-LAW ENFORCEMENT RELATED SECONDARY EMPLOYMENT:

Employees may work in other than law enforcement, security, or investigative off-duty jobs, subject to prior approval by Olmos Park PD. For such secondary employment, the following conditions apply:

1. Work for Olmos Park PD is each employee’s primary employment. 2. In order to be eligible for non-law enforcement secondary employment, an employee must be in good standing with this agency. Continued approval of an employee’s off-duty employment is contingent on such good standing. 3. Employees are not eligible for secondary employment who: a. Have not completed the probationary period, or Field Training Officer [FTO] sign-off; b. Are on medical or other leave due to sickness, temporary disability or on- duty injury; c. Is currently suspended or are on administrative leave [with or without pay]. 4. Work hours for all off-duty employment are scheduled in a manner that does not conflict or interfere with the employee’s performance with this agency. 5. Olmos Park PD establishes the maximum number of off-duty hours an employee may work in a given week, and this may change from employee to employee based on the work conditions of the off-duty activity. 6. Employees maintain a schedule that does not allow off-duty employment to interfere with at least eight [8] hours of relaxation, rest, and personal time between each official tour of duty. 7. Employees engaged in any off-duty employment are subject to call-out in case of emergency. Should a call-out occur, officers are required to leave their off-duty employment and report for duty. 8. Permission for an employee to engage in outside employment may be revoked when it is determined to be in the best interest of the agency, officer, or service to the community. 14. Prior to commencement of a non-law enforcement off-duty job, the employee completes Attachment III, and submits it through channels for the Police Chief consideration.

Page 3 of 8 Law Enforcement Policies and Procedures, 4.20 Off-Duty or Secondary Employment – Shared Management

STANDARDS FOR ALL SECONDARY EMPLOYMENT:

Secondary Employment Minimum Standards: Employees of Olmos Park Police Department who are authorized to perform secondary employment in any capacity are cautioned that payments for all salaries, pay, benefits, and taxes are the responsibility of the secondary employer and are in no way the responsibility of Olmos Park PD. While engaged in off-duty or secondary employment the employee takes reasonable steps to ensure that the secondary employer as a minimum provides:

1. Workmen’s Compensation insurance; 2. General liability insurance, covering actions of the secondary employer and employee; 3. Any licenses, or permits that may be required by the state for operating such a business or professional license; 4. Meet any federal, state, and local laws, rules, and ordinances regarding an employer-employee relationship; & 5. Is paying all payroll, and other taxes and fees associated with this employment.

Secondary & Off-Duty Job Restriction: The following restrictions apply to any employee performing outside work in the form of an off-duty or secondary job: 1. Engage in a potential conflict of interest between this agency and a private employer and the public including, but not limited to: a. Collecting debts, repossessing merchandise, or towing vehicles; b. Bonding or skip-tracing; c. Assisting in case preparation or investigation for any criminal defense or civil proceedings; or d. Working for any business or labor group on strike; e. Sell pornographic books or magazines, sexual devices or videos, or provide entertainment or services of a sexual nature; f. Provide bail bond, or bounty-hunting services; g. Sell, manufacture, or transport alcoholic beverages; or h. Provide illegal gambling. 2. Access, use or convey any data, files, or information that is proprietary, is under the control of, or was collected and/or stored by this or any other law enforcement agency. 3. Perform any task or job that would bring discredit or embarrassment to Olmos Park PD. 4. Perform a secondary or off-duty job that has not been approved by the Police Chief.

Page 4 of 8 Law Enforcement Policies and Procedures, 4.20 Off-Duty or Secondary Employment – Shared Management

Attachment I Off-Duty Employement Application For Law Enforcement Off-Duty Employment

To: Police Chief Olmos Park Police Department

Re: Application for Law Enforcement Off-Duty Employment______[Officer Name], and ______[Officer ID No.]

Date: ______

I am hereby making application to work a law enforcement related off-duty job, under the authority of my State peace officer license. The business or entity I will be working for is:

Name:______

Address: ______

City, State, & Zip ______

Contact Person: ______Phone: ______

I have recently read the Olmos Park Police Department, Off-Duty or Secondary Employment policy, and this job and I meet all of the requirements of this policy.

Confirmed by me this, ___ day of ______, 20___.

______Employee Signature ______Print, Name & Officer ID

For: Olmos Park Police Department Application approved/disapproved this, ___ day of ______, 20___.

______Signature Police Chief

Page 5 of 8 Law Enforcement Policies and Procedures, 4.20 Off-Duty or Secondary Employment – Shared Management

Attachment II Olmos Park Police Department Application to Hire Law Enforcement Officer(s)

To: Police Chief Olmos Park Police Department

Re: Agreement to Hire Law Enforcement Officer(s)

Date: ______

This confirms that ______[Name of Hiring Entity] [herein known as “My Business”] is hiring ______[Insert officer name(s)]1 _____ [insert Officer(s) ID Number(s)] to provide law enforcement services at a location owned or controlled by My Business:

Business or Location Title: ______

Address: ______

City, State, & Zip ______

It is understood by me that this/these officer[s] are providing additional uniformed law enforcement services to be provided at this business location originally for ______hours per [check appropriate block]:

[ ] Daily [ ] Weekly [ ] Yearly

These hours may be changes depending on my business needs. As part of this employment arrangement, My Business will receive uniformed law enforcement officer services from these officers. I understand that these officers are working for My Business, providing law enforcement services, under their individual state law enforcement license(s) and that My Business is responsible for all payrolls for these employees or contract employees, workers compensation, liability insurance, plus any other benefits as required by state or federal law, to these employees. Further, that My Business maintains liability insurance coverage in an amount no less than $1,000,000 per incident from any claim arising out of this employment arrangement.

1 If there is no particular officer(s) that you prefer or have a relationship with at this time, for these law enforcement services, insert the work “any. If there are a number of officers, please attach a list of their names and ID numbers for approval.

Page 6 of 8 Law Enforcement Policies and Procedures, 4.20 Off-Duty or Secondary Employment – Shared Management

I understand that Olmos Park Police Department reserves the right to inspect any officer working under this Agreement, and to respond with additional officers to any emergency that may occur on this property.

Lastly, I understand that in case of a national or local emergency, this/these officer[s] may be called to duty by Olmos Park Police Department as a priority over services that are the subject of this Agreement. In such an event, I understand [Name of Hiring Entity] will not be obligated to pay for services after the officer(s) depart [Business or Location Title].

Confirmed by me this, ___ day of ______, 20___.

______Signature ______Print, Name & Title

Olmos Park Police Department Endorsement:

Approved by me this, ___ day of ______, 20___.

______Signature Police Chief

Page 7 of 8 Law Enforcement Policies and Procedures, 4.20 Off-Duty or Secondary Employment – Shared Management

Attachment III Olmos Park Police Department Request For Off-Duty Emplyment

To: Police Chief Olmos Park Police Department

Re: Application for Non-Law Enforcement Off-Duty Employment ______[Employee Name], and ______[Officer ID No.]

Date: ______

I am hereby making application to work an off-duty job. This job is not related to law enforcement, and I will not be using any law enforcement authority in the performance of this job. The business is known as ______[insert business name] and its principal place of business is at:

Address: ______

City, State, & Zip ______

I have recently read the Olmos Park Police Department, Off-Duty or Secondary Employment policy, and I and this job meet all of the requirements of this policy.

Confirmed by me this, ___ day of ______, 20___.

______Employee Signature

______Print, Name & Officer ID

For: Olmos Park Police Department Application approved/disapproved this, ___ day of ______, 20___.

______Signature Police Chief

Page 8 of 8 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Personal Communication or Policy Number: 4.21 Electronic Media Devices Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY: Olmos Park Police Department allows the carry and use of certain personal communications and electronic media devices while employees are on-duty, and regulates their use and abuse.

DEFINITIONS:

 Electronic Media - Are media that use electronics or electromechanical energy for the end user (recipient or audience) to access the content. This is in contrast to static media such as print media, which are most often created electronically but do not require electronics to be accessed by the end user in the printed form. The primary Electronic Media sources familiar to the public are better known as video recordings, audio recordings, multimedia presentations, slide presentations, CD and online content. Most new media are in the form of digital media. However, Electronic Media may be in either analog or digital format. Any equipment used in the electronic communication process (e.g. telephones, fax, cellular phones, television, commercial radio, two-way radios, telephone, computer, game console, pagers, hand-held devices, etc.) is also considered Electronic Media.

General examples of places where a person has a reasonable expectation of privacy are a person's residence, or public places that have been specifically provided by businesses or the public sector to ensure privacy, such as public restrooms, phone booth, or an attorney visitation room in a jail or lockup.

Page 1 of 3 Law Enforcement Policies and Procedures, 4.21 Personal Communication or Electronic Media Devices

DISCUSSION:

The application of portable communications and electronic media devices has added another option for efficient and reasonably secure law enforcement communications. Olmos Park Police Department takes advantage of these options; however, it is necessary to regulate their use, when employees elect to carry these devices on-duty.

PROCEDURES:

Expectation of Privacy: There is no reasonable expectation of privacy while on-duty as a law enforcement officer or while on-duty for this agency regardless of who may own the device.

Authorization: 1. Using such personally owned devices on-duty is a privilege, not a right. 2. Any employee may request authorization to carry and use a personally owned communications or media device while on duty. a. The request submitted in a written memo to the employee’s immediate Supervisor and forwarded through the employee’s chain of command to the Second in Command for approval. i. In the request, the employee provides the equipment, type, phone number, email, or networking numbers and passwords. ii. If the employee making the request is the Second in Command, the request for approval will be made directly to the Police Chief. 3. Authorization may be denied for a variety of reasons, including, but not limited to: a. Employee unsatisfactory job performance; b. Gives cause to believe the privilege may be misused or abused; c. Excessive personal devices in use; or d. Security or operational reasons. 4. Authorization may be suspended or rescinded for employees who: a. Do not maintain a satisfactory job performance or b. Give cause to believe that the privilege has been exploited, misused or abused. 5. Authorization may be suspended or rescinded by the employee’s supervisor, or Police Chief, in addition to other disciplinary action. 6. Within 12 hours of a change in any contact information, number or code is required to update the details in memo form to their supervisor. 7. No employee may carry or use, while on duty, a personally owned portable communications or media device for which the Olmos Park Police Department has not given prior written approval for its use or carry while on-duty. 8. Personal communications devices of a fellow-employee, relative, or other persons may not be used by an on-duty employee, with or without the fellow- employee’s permission.

Page 2 of 3 Law Enforcement Policies and Procedures, 4.21 Personal Communication or Electronic Media Devices

Security: Any voice or data recordings or transmissions (including emails, text messages, photos, etc.) that are handled, received, transmitted, or recorded while on-duty on a communications or an electronic media device may be considered evidence if related to a case or incident. All employees obtaining information from law enforcement systems, at crime scenes, incident or accident scenes, are personally accountable for the appropriate logging and evidence storage of the information, consistent with any other collected evidence (see the Electronic Media Security policy).

Operation: 1. A list of all personally owned portable communications devices are on file and updated as required by the Communications Center. 2. Users of authorized personally owned devices limit non-agency use while on duty. When personal use is believed to interfere with job-performance use privileges may be suspended or rescinded. 3. Personally owned portable devices are not used to circumvent normal agency radio or other communication systems or other safety practices that require the Communications Center be informed. 4. Employees must be alert to the potential dangers posed by a ringing device during tactical or training situations. 5. Dialing and entering data in privately owned devices while driving is forbidden, unless the operation is completely hands-free. 6. The agency is not responsible for any expense associated with a personally owned communications or media device.

Page 3 of 3 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Multi-Agency Task Force Policy Number: 4.22 Participation Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

When it is advantageous to the community we serve, Olmos Park Police Department personnel may be assigned to work on or in support of a multi-agency task force. In such instances, personnel assigned to these task forces do so in compliance with agency standards, policies and practices.

DISCUSSION:

Multi-Agency Task Forces [MATF] may be established by federal, state, regional, or local law enforcement agencies to investigate or control certain types of crime. Usually MATFs are established with specific missions, objectives, operational budgets.

PROCEDURE:

Standards Olmos Park Police Department personnel do not participate in a MAFT that has not been formally approved by the Police Chief. When assigned to a MAFT, agency personnel follow Olmos Park Police Department, ethics, standards, and policies and practices, unless specific authorization to the contrary is preapproved by the Police Chief or an authorized designee.

Program Evaluation & Due Diligence The Police Chief approves agency participation in MAFTs, subject to final approval of Olmos Park authorizing funding and other considerations.

In considering an invitation to provide personnel or equipment to a MAFT, the Police Chief evaluates the proposed relationship of the agencies involved and other operational and business factors to include but not limited to questions such as:

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

Page 1 of 2 Law Enforcement Policies and Procedures, 4.22 Multi-Agency Task Force Participation

a. Budget considerations? b. What financial support is required from Olmos Park Police Department? c. Are funds available for this operation? d. If, and how will from Olmos Park Police Department involvement be paid for? 3. Personnel and equipment requirements a. Personnel required i. Hours per week? b. Equipment commitment i. Transportation? ii. Specialized? 4. Liability issues a. Workmen’s compensation [WC]? i. Does the current WC policy cover Olmos Park Police Department personnel working for a task force or under the supervision of another agency? b. Long-term disability? c. Liability insurance limits and restrictions? i. Does the current liability insurance policy cover participation in a MAFT, if agency personnel are supervised by another agency? d. If the MAFT is, a federal or state task force is officer immunity available to Olmos Park Police Department personnel? 5. Operational issues a. Will officers be deputized by controlling agency? b. Who will supervise Olmos Park Police Department personnel? c. Are there established operational policies & procedures for the MAFT? i. Have these documents been reviewed by legal counsel for conflicts with Olmos Park Police Department policies? ii. Any conflicts identified? d. What controls need to be placed on staff participation, beyond existing Olmos Park Police Department policies and procedures? 6. Impact agency involvement will have on the current mission and goals? 7. Can the projected results of the task force be measured, and how will it be evaluated?

MAFT Approval Process Once these and other critical questions are answered, the Police Chief with the advice and approval of Olmos Park approves or rejects the MAFT Agreement, or enters into negotiations with the requesting agency for adjustments in terms of the Agreement.

If approved, the Police Chief designates a MAFT Liaison Officers, assigns personnel, and establishes regular management oversight of the project.

Page 2 of 2 OPERATIONS Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Patrol Functions & Tactics Policy Number: 5.01

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department establishes and maintains maximum patrol visibility, and carries out the law enforcement mandate by vigorously patrolling the jurisdiction we serve.

DISCUSSION:

Patrol is a primary law enforcement function that includes much more than simply walking or driving a beat, and answering calls for assistance. Patrolling is a key part of the general duty employees of this agency owe to the community. During effective patrols, officers engage in a wide variety of activities to include: rendering aid, preventing crime, enforcing traffic and criminal laws, answering complaints, conducting follow-up investigations, community relations, transporting prisoners, crime prevention, homeland security, and a host of other community support activities.

PROCEDURES:

Communications, Coordination, & Cooperation: Patrol officers are the foundation of community policing. In order for the agency to accomplish its mission, patrol officers cooperate and support personnel assigned to other duties. This support includes exchange of information with criminal investigators, crime prevention specialists, and those assigned other tasks, and actual work force assistance. This cooperation and exchange is enhanced by: 1. Attending staff meetings where matters of agency interest are discussed and ideas are exchanged; 2. Daily review of patrol, investigative and offense reports and other information; 3. Sharing of information and assistance; 4. Review of and compliance with new policies and procedures & 5. Making recommendations that improve agency effectiveness or efficiency.

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Law Enforcement Policies and Procedures, 5.01 Patrol Functions & Tactics

Patrol Coverage: This agency provides law enforcement services to the community on a twenty-four [24] hours a day, seven days a week basis. Generally, the agency provides the same services at all hours of the day or night in relation to calls for service, emergency response, crime prevention, and traffic enforcement.

Assignment of Officers to Patrol Areas: Officer assignments are at the discretion of the Police Chief. Allocation of patrol resources is in part, based on the following criteria: 1. Number of calls for service; 2. Number of offenses & incidents; 3. Number of businesses; 4. Available manpower; 5. Other specific needs such as special events or investigation support; & 6. Special requests for service.

Area Rotation Frequency: Officers are normally assigned to the same area on a semi-permanent basis for the following reasons: 1. Officer can become better acquainted with persons, businesses, organizations, and hazards; & 2. Helps place accountability for events occurring in a certain area to a specific set of officers.

Partial rotation may be necessary when particular officers are required to perform specific types of assignments in other parts of our jurisdiction. The Police Chief rotates area assignments, whenever necessary to maintain high levels of officer interest, responsiveness to the law enforcement needs of the community, and to familiarize officers with other areas of coverage.

Sharing Significant Law Enforcement Information: Officers assigned to areas are encouraged to share significant law enforcement information concerning their area with other officers. Such information may be written in an Informational Memorandum or passed on verbally.

Supervision & Scheduling: Adequate supervision and support is critical in police work where priorities change constantly. Scheduling is an important part of this responsibility and includes: 1. Ensuring sufficient officers are available to meet minimum staffing levels; 2. Daily inspection of officers for completeness of uniform, serviceability of equipment, and fitness for duty; 3. Anticipating pre-planned major events to insure adequate coverage; 4. Monitoring compensatory time accumulation and payback; 5. Monitoring of leave time accumulation and scheduling time-off that best meets

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the needs of the community; 6. Coordinating officer attendance at required meetings, training, qualification sessions, court appearances, and fitness evaluations; 7. Encouraging officer participation in college and continuing education courses; 8. Requesting auxiliary or reserve officer assistance in support of routine, or emergency law enforcement activities; 9. Briefing information to officers before daily patrol activity, with particular attention given to unusual situations, directed patrol activity, and changes in the status of wanted persons and stolen property, and major investigations; 10. Publishing changes in schedule and assignments; 11. Publishing new directives or changes in directives; & 12. Coaching officers on job performance, compliance with policies & procedures, and ways to improve.

Safety & Health Procedures: Most patrol vehicles are highly visible, even unmarked units. Citizens see these vehicles and instinctively know . . . the police are nearby. It is critical to the welfare of your fellow officers and the accomplishment of our mission for the public to see our officers as examples of safety first. Officers adhere to the following safety procedures: 1. Come to work mentally and physically prepared to assume your duties. If, for any reason, you are not capable of performing your duties, notify your supervisor immediately. In addition to other conditions, officers assuming patrol duties are not be impaired with sleep deprivation. 2. Before starting patrol, inspect your patrol vehicle and complete the Vehicle Maintenance Form. 3. Wear seatbelts when the vehicle is moving or sitting on a public street, and require passengers to do the same. See Transporting Individuals, below for possible exceptions. 4. Position head rests to fit your physical characteristics. 5. Lock doors when vehicle is in motion. 6. Windows should be up or rolled all the way down when driving. 7. Never leave the vehicle unsecured or the key in the ignition when away from the vehicle. 8. May wear bullet resistant vests while on duty. Vests provide critical protection from projectiles, edged weapons, strikes, and from blunt impacts that result from vehicle accidents. 9. Obey all traffic laws including speed limits unless in an authorized emergency, with audible and visual emergency equipment activated. 10. When patrolling at night, protect your night vision. 11. In the event of known or suspected spilling or release of human body fluids [urine, blood, saliva, or feces] in the patrol vehicle, thoroughly clean the area following blood-borne pathogens protocols with an approved disinfectant. 12. Wear foul weather apparel in during inclement conditions. 13. Wear reflective vests or strips when directing traffic at all times, especially in low- light conditions.

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14. Use blood borne pathogen safety equipment including gloves, glasses, hepatitis vaccines, and reporting procedures.

Vehicle Inspection Safety Checklist: Thoroughly inspect the vehicle and its equipment to ensure that it is ready for service. Whenever vehicles are turned over to other officers for use, both officers should simultaneously complete this checklist and correct deficiencies before commencing patrol. Never operate a police vehicle that has any defect that is critical to the operation including any part of the emergency equipment. The unit should be placed “out of service”.

Patrol Activities: Response to some calls may require several officers to efficiently and safely control the situation. These situations may include: 1. Assault on an officer; 2. On-scene arrest for a violent offender; 3. Potential or actual resistance to arrest; 4. Use of force incident; 5. Violent or potential violent crime in progress; 6. Fleeing suspect; 7. Domestic abuse allegations; or 8. Incident of racial or crowd tensions.

If a second officer is unavailable, the first responder exercises discretion in determining the best course of action. These options range from immediate intervention to identification and reporting. The safety of officers and innocent life is always a prime factor when considering options.

Incidents Requiring Presence of Police Chief: Police Chief is to be immediately notified of the following types of incidents: 1. Serious injury to a police officer; 2. Accident involving a police vehicle when an officer or another person is seriously injured, or major damage is involved; 3. Major crimes including murder, bank robbery, jailbreak, violent kidnapping, heinous crimes, and assaults where death may occur, missing children or elderly people with certain medical conditions; 4. A barricaded suspect or hostage situation; 5. Officer discharging their firearm while on duty and personal injury is involved. 6. Disasters, catastrophes, or severe weather producing emergency conditions; 7. A serious complaint or any incident causing a law enforcement officer or another agency personnel serious injury; 8. Other incident when in the discretion of the patrol officer notification is appropriate; or

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9. Incident where impact weapons were used on a suspect, causing injury, and requiring a Use of Force Report [i.e., batons, chemical sprays, K-9 bites].

Transporting Individuals: Officers may be assigned to transport witnesses, juveniles, victims, detainees, prisoners, or other persons. Prisoners are restrained and secured in the patrol vehicle to the extent necessary under the circumstances. Officers use their discretion in determining, when to use restraints while transporting these individuals. Citizen observers, or ride-a-longs, are approved by a supervisor, prior to the event.

All persons transported in an agency vehicle use safety seat belts. Those individuals that are restrained are assisted in securing safety seatbelts prior to movement of the patrol vehicle. This procedure does not apply to individuals who are violent or are non- compliant with officer verbal instructions. In such cases, simply placing the individual in a secure portion of the patrol vehicle may be considered reasonable and prudent under the circumstances. Refer to the policy & procedures for transport of prisoners for more details. Any person to be transported in a police vehicle are first checked for warrants or other criminal activity through the local state computer criminal network and through N.C.I.C.

Special Notifications: Notifying relatives in cases of death, serious injury, or illness is a delicate process. Such messages are delivered in a timely and caring manner. The following procedures are used whenever practical: 1. Notification is made promptly; 2. Obtain the presence of a minister and a relative whenever possible prior to notification; 3. There is no painless way to make a death notification. Be precise and to the point, showing care and sympathy, without revealing any details of the injuries; 4. Try to remove any small children from the immediate area. Let the surviving spouse inform the children, in your presence, after the initial notification to the closest relative; 5. If notification is made alone, the officer offers assistance in contacting a relative, close friend, or minister; 6. Person receiving notification is informed of the means used in transmitting the notification to the agency, i.e., teletype or call from another law enforcement agency, unverified telephone call to the agency, etc.; or 7. The notified person(s) is given contact information regarding disposition of their loved one who may be at a hospital, funeral home, morgue, US Armed Forces representative, other law enforcement agency, etc.

Coroner/Medical Examiner: The Coroner/Medical Examiner is notified in situations where a human death has occurred. The dispatcher normally makes the notification at the instruction of the reporting officer. The name of the victim, location, telephone number, and any

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preliminary facts pertaining to the death is provided to the Coroner/Medical Examiner, if known.

Many citizens have police scanners and monitor our frequencies. Communications regarding fatalities are carried out using the most secure means available in order to respect the privacy of deceased persons and their families.

Public Hazards or Potential Hazards: A wide variety of hazardous situations in this jurisdiction such as bad road or weather conditions, unsafe structures, potentially dangerous calls for service, flooding, etc., are identified by the patrol officers on the street, called in to communications by citizens, or announced by local media. Information regarding these hazardous or potentially hazardous situations are reported, shared among officers and other agencies, and passed on to subsequent shifts.

Information concerning hazardous or potentially hazardous situations that is received by the dispatcher are passed to all personnel either immediately or at shift change depending on the nature of the threat.

Street, Highway, & Public Utility Hazards: Officers initiate actions to reduce known or potential hazards to the public as they are discovered. Such actions may include redirection of vehicle or foot traffic, taping off the area, guarding, or providing verbal warnings until help arrives. If officers cannot personally make the needed correction, the communications center should request assistance from the appropriate resource.

Missing stop signs at intersections creates a driving hazard to motorists who may be unfamiliar with the area. Officers immediately request the street department to replace downed or missing stop signs, and remain on the scene to direct traffic at the intersection until a suitable temporary or permanent replacement has been installed. The communications center records the time of notification and the time of replacement.

Examples of immediate notification are: 1. Essential traffic lights / signs needing repair; 2. Large holes in road; 3. Electrical power lines down; 4. Large debris etc., in roadway; 5. Breaks in water, gas, or other utility; 6. Weather road hazards such as snow, ice, flooding, damaged bridge; 7. Toxic or chemical spills and releases; 8. Fires or fire hazards; & 9. Vehicular crashes, where fatalities are known to exist, or when there is complete road blockage for an extended period.

Typical notification at beginning of next business day:

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1. Non-essential traffic lights in need of repair; 2. Small (non-hazardous) holes in road; 3. Street lights in need of repair; 4. Telephone or video cables down but not creating hazards; 5. Dead animals in road; 6. Potential fire hazards not requiring immediate attention; & 7. Excessive growth of weeds, grass, etc.

Some potentially hazardous situations may demand immediate notification to local news media requesting public service announcements. Recommendations for these notices should be passed to the dispatcher as soon as reasonably possible. Normally, the Police Chief or senior on-duty supervisor instructs dispatchers to notify media outlets when such a hazard exists.

Patrol & Security Checks of Private Businesses: It is vital to good public order and crime prevention for patrol officers to learn the location, hours of operation, and routines of businesses and public facilities in their area of responsibility. While on routine patrol, officers check the security conditions of commercial property, and public facilities. Officers make at least 10 such checks per week, while varying the locations. Hazards or major safety and security deficiencies should be reported to the property owner as a courtesy. Observations and notifications might include: 1. Unsecured entrance doors windows; 2. Defective burglar alarms; 3. Safety and security lighting that is out; 4. Loitering on the property; 5. Undesirable use of property after normal business hours; & 6. Potentially hazardous conditions or equipment left unsecured.

With the completion of each courtesy inspection or check, patrol officers leave a business card, or note for the business indicating that the check was performed.

Field Contact Cards: In the course of patrol duties, officers meet people who either do not fit into the area or are in an unusual place at an unusual time. The officer should try to make contact with the person and obtain as much information as reasonably possible, and record the information on a field contact card. Many crimes have been solved and persons located using the field contact section of the electronic ticket writer.

This information may include the following: 1. Name; 2. Date of birth; 3. Social Security, state identification or driver’s license number; 4. Hair – color, length, style; 5. Height;

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6. Weight; 7. Scars, marks, tattoos; 8. Clothing; 9. Type of transportation, complete description, and license plate numbers if vehicle; 10. Address; 11. Work place; & 12. Etc.

Any other persons with them should also be noted on the field contact section. In addition, a separate entry should be filled out on each of the accompanying persons with the same notations. Once recorded officers may keep their own filing system and from time-to-time forward selected copies to the criminal investigations division.

As a practical matter, officers are usually not able to compete all of the information on contact card during one meeting, nor is it necessary. Officers should use reasonable means to obtain the information they consider important.

Preliminary Court Appearances Not Required: Officers attend court on the date scheduled. Court appearance by officers is not required in the following types of cases, unless requested by the court, prosecutor, or Subpoena: 1. Initial appearance, which requires appointment of counsel to the defendant; 2. Initial appearance of driving under the influence; 3. Prepaid traffic infraction; & 4. Other instances when notified by the court or prosecutor that presence is not required.

Page 8 of 8 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Community Relations Policy Number: 5.02

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

The Police Chief recognizes that no law enforcement agency can operate at its maximum potential without supportive input from the citizens it serves. Olmos Park Police Department actively solicits and encourages the cooperation of all citizens to reduce and limit the opportunities for crime and to assist in bringing to justice those who break the law.

DISCUSSION:

This agency is committed to correcting actions, practices, and attitudes, which may contribute to community tensions and grievances. Law enforcement personnel are an integral part of the community. Citizen participation and interaction with law enforcement personnel is necessary for a healthy community. This agency identifies and implements policies, procedures, and programs that enhance the quality of life in the community.

PROCEDURES:

Community Relations Objectives: 1. Create and maintain liaison with community groups and organizations including: a. Exchanging information; b. Identifying law enforcement service needs of the community; c. Promoting law enforcement and citizen contacts; & d. Acquainting each other with mutual problems and encouraging action aimed at solving these problems. 2. Develop community relation’s policies for Olmos Park Police Department; 3. Publicize agency objectives, problems, achievements and successes; 4. Obtain input from community groups to ensure that agency policies reflect the needs of the community; 5. Identify sources of conflict between law enforcement and the community and encourage efforts to resolve them;

Page 1 of 2 Law Enforcement Policies and Procedures, 5.02 Community Relations

6. Establish neighborhood watch groups where such groups are needed and do not now exist; 7. Identify training needs relating to community relations through input from citizens, groups, supervisors, and complaint reports; 8. Provide the Police Chief information regarding concerns of the community, potential law enforcement/citizen problems, and recommended actions; 9. Evaluate all agency community relations programs on a semi-annual basis and to participate in an annual survey of citizens’ attitudes and opinions with respect to law enforcement service; & 10. Conduct an annual survey of citizen attitudes and opinions with respect to: a. Overall agency performance; b. Overall competence of agency employees; c. Officer attitude and behavior toward citizens; d. Concern over safety and security in the community; & e. Recommendations and suggestions for improvements.

Public Information Programs: These programs seek to publicize agency objectives, problems, achievements, and successes through the media, brochures, guest speakers, news releases, press conferences, and newsletters.

Community Relations Programs: The focus of these programs is to meet with civic groups, minority groups, neighborhood councils, crime watch groups, and individuals to exchange information and convey information back to the agency. Present programs such as DARE, GREAT, McGRUFF, or other similar programs of interest to all area schools.

Crime Awareness/Prevention Programs: These programs provide citizen groups information on making their families, homes, and business more secure and work to establish crime watch neighborhoods where none exist to include, but not limited to: 1. Neighborhood Crime Watch; 2. Burglary Prevention; 3. Rape Prevention; 4. Fraud Prevention; 5. Emergency Reporting Procedure; 6. Home Security Survey; 7. Operation ID; 8. Robbery Prevention; & 9. Commercial Burglary Prevention.

Page 2 of 2 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Media Relations Policy Number: 5.03

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department cooperates fully and impartially with authorized media representatives in their efforts to gather factual, public information pertaining to activities of the agency, so long as these activities do not significantly interfere with operations, infringe upon individual rights, or violate the law.

DISCUSSION:

A basic philosophy of this agency is to involve the community. It is important for our citizens to have confidence in our ability to fairly, professionally and impartially enforce laws. The media serves both the agency and the community by reporting our work to the public.

It is important that employees treat media representatives fairly, and with respect. The media industry is very competitive. Most reporters work long hours for little pay under constant pressure to meet deadlines. Reporters can be skeptical, idealistic, or manipulative, but most value responsive, knowledgeable, reliable sources who are sensitive to their needs.

PROCEDURES:

Duties of Police Chief: The Police Chief: 1. Distributes information to the media and employees within the agency following Olmos Park Police Department procedures; 2. Informs the media of major public events requiring an extended presence of agency personnel; 3. Coordinates and authorize release of information about victims, witnesses, and suspects; 4. Develops positive working relationships with local media representatives by: a. Establishing working guidelines; b. Determining local media deadlines;

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c. Helping media representatives meet their deadlines; & d. Preparing and distributing periodic news releases. 5. Coordinates release of authorized information concerning investigations and operations; 6. Coordinates and respond to Freedom of Information Act (FOIA) requests; & 7. Develop and/or contribute to the Agency Crisis Management Plan.

Other Personnel: 1. It is important that the Agency “speak with one voice” in providing accurate and consistent information. Line officers may not know all the facts, or may have limited perspectives regarding incidents. Employees should: a. Direct media representatives to the Police Chief, incident commander, or shift supervisor when asked about details regarding an accident, crime, or other incident. b. Assist news personnel as directed by Police Chief in covering routine stories, and at accident or crime scenes; c. Not say, “No comment”; d. Not wear sunglasses when interviewed “on camera”; e. Not speculate about liability issues or causation; f. Use secure communication methods to transmit sensitive information. Many reporters and citizens monitor law enforcement radio frequencies; & g. Provide a safe area for the media during situations in which their lives could possibly be placed in danger. 2. Ranking officers at crime or incident scenes may release factual information of a general nature to the media, as governed by this or other policies (i.e. death notifications, juveniles, etc.), or if given prior approval by Police Chief.

Cooperation with the Media: The following guidelines are maintained by employees of Olmos Park Police Department in cooperating with the media: 1. Authorized media representatives have reasonable access to the Police Chief, or designee, and operations of this agency; 2. Public information is released to the media as promptly as circumstances allow without partiality, and in as objective a manner as possible; 3. Information is released either by the Police Chief or designee; & 4. Press releases, news conferences, and similar events are scheduled to a. Accommodate media deadlines, if and when possible: b. Public information may be provided to media representatives by telephone through the Police Chief or designee; c. If the identity of the media representative is known, or can be authenticated.

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Release of Information: Information authorized for release concerning an investigation or crime includes: 1. The type or nature of the event or crime; 2. Any unusual or hazardous road conditions; 3. Location of destruction due to a natural disaster; 4. The location, date and time, injuries sustained, damages, and a general description of how the incident occurred; 5. The type and quantity of property taken; 6. The identity and approximate address of a victim with the exception of sex crime victims, and in other cases where reprisals or intimidation may result; 7. Requests for aid in locating evidence, a complainant, or a suspect; 8. Numbers of officers or people involved in an event or investigation, the length of the investigation, and the different agencies involved; & 9. The name of the officer in charge of a case, unless undercover.

Non-Release of Information: Information that may not be released in connection with an investigation of a crime, unless authorized by the Police Chief, includes: 1. The identity of a suspect prior to arrest, unless: a. The release of information would aid in apprehending the suspect, or warn the public of potential danger; & b. Probable cause has been established, and a warrant of arrest has been obtained. 2. The identity of any victim of a sex crime, or any related information which, if divulged, could lead to the victim’s identity; 3. The identity of any victims or witnesses which may prejudice an investigation, or place the victim or witnesses in personal danger; 4. No information regarding juveniles is released to the media or general public (this even includes confirmation that the juvenile is being held). Persons requesting information regarding a juvenile(s) is referred to the Youth Court. 5. The identity of any critically injured or deceased person prior to notification of close relatives; 6. The results of any investigative procedure such as lineups, polygraph tests, fingerprint comparison, or ballistics tests; 7. Information that if prematurely released may interfere with the investigation or apprehension of a suspect, such as: a. The nature of leads; b. Specifics of an “MO”; c. Details of the crime known only to the perpetrator and law enforcement personnel; or d. Information that may cause the suspect to flee or more effectively avoid apprehension. 8. Information that may be of evidentiary value in criminal proceedings; 9. Specific cause of death, unless officially determined by the medical examiner; 10. The home address or telephone number of any agency member; &

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11. Information concerning the crime or event in question that is under the issuance of a gag order.

Release of Arrest Information: Following arrests, issuance of arrest warrants, or filing of information or indictment, the Agency may release: 1. The name, age, residence, occupation, and family status of the accused; 2. The time and place of arrest, whether pursuit or resistance was encountered, whether weapons were used, charges placed against the suspect, and description of contraband seized; 3. Identity of arresting officers, unless undercover, and duration of the investigation; 4. The amount of bond, schedule of court dates, or place of detention of the suspect.

Non-Release of Arrest Information: Following arrest and formal charging of a suspect, but prior to adjudication, the following types of information should not be released without the express permission of the Police Chief to include: 1. Prior criminal conviction record, character, or reputation of a defendant; 2. Existence or contents of any confession, admission, or statement of a defendant, or his failure or unwillingness to make a statement; 3. Performance or results of any tests, or a defendant’s refusal or failure to submit to tests; 4. The identity, statement, or expected testimony of any witness or victim; 5. Any opinion about the guilt or innocence of a defendant, or merits of the case; & 6. Any opinion or knowledge of the potential for a plea bargain or other pretrial action.

Special Considerations - Criminal Matters: Personnel of Olmos Park Police Department extend reasonable courtesy to media representatives at crime scenes including: 1. Access to crime or incident scenes closer than allowed to the general public so long as: a. It does not interfere with the law enforcement function; b. Evidence is not destroyed or otherwise prejudiced by being published or portrayed; & c. Officers and citizens are not endangered. 2. Photographing or videotaping if: a. Privacy expectations are not violated; b. Owners of private property give prior approval.

Suspects, or accused persons, in custody may not be posed or arrangements made for photographs, telecasts, or interviews, nor are agency personnel to pose with suspects or accused persons in custody.

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Special Considerations – Non-Criminal Matters: Media representatives should be allowed access to any area in spite of the possibility of their injury or death. After being advised of the danger, the media representative should decide whether or not to enter, and on deciding to enter, have an officer escort him through the area to avoid disturbing any physical evidence present. Daily administrative reports of criminal activity are made available on a routine basis to media representatives within this jurisdiction, and to representatives outside this jurisdiction upon request.

Page 5 of 5 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Radio Procedures Policy Number: 5.04

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department employees follow Federal Communications Commission (FCC) regulations regarding the use of police radios. Law enforcement radio use is limited to official business and should be employed as if the radio system is both, the officers’ and publics’ lifeline. Our radio system is the primary means of communications between employees and other service entities on our radio net. The use of personal cell phones for agency business is restricted, and approved on an individual basis, or in instances when radio communications is disrupted.

PROCEDURES:

Care of Radio Equipment: Only technicians authorized by Olmos Park Police Department may adjust or repair radios. Any member of this agency who damages agency equipment is to notify a supervisor immediately.

Radio Malfunctions: In the event of radio malfunctions, officers should check their radios by: 1. Making sure the radio switch is on and the volume is up; 2. Making sure the visible connections are plugged in securely, and the switches and frequency selector knobs are in proper positions; 3. Removing the radio from the charger and using it in a portable manner; and 4. Changing frequencies and trying to transmit and receive, as a last resort.

If unable to establish contact with dispatch by the above procedures, use a landline or wireless telephone to contact dispatch and seek instructions. Officers are not to continue patrol without communications. For a limited period, patrol officers may use commercial wireless (mobile) phones to continue their patrol or other duties, if approved by the dispatch supervisor.

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Private Communications Devices: Use of non-agency communication devices to conduct Olmos Park Police Department business is prohibited except in an emergency, when normal communications are inoperable. Officers, communicators and staff are reminded that any personal communications, texts, graphics, or numbers called are often recorded indefinitely by cell service providers, and may be subpoenaed by criminal defense or civil attorneys.

Instructions for Transmitting Radio Messages: The following guidelines are applied to radio transmissions: 1. Use only the frequencies allocated for use by Olmos Park Police Department. 2. Keep radio on at all times, in or out of the unit. 3. If equipped with a portable radio, make sure it is on and operational when out and away from the unit. 4. Keep radio volume control loud enough to be easily heard. 5. Avoid transmitting a radio message while in motion on a police motorcycle. 6. Have a notebook and pencil ready so messages may be written. 7. Do not acknowledge receipt of message until the complete text is accurately known. 8. Pronounce words slowly and distinctly. 9. Whenever transmitting a message to an officer, refer to the officer by call number. 10. Officers in the field use their call numbers prior to transmitting. 11. Speak with as little emotion as possible. 12. Do not transmit until the message is clearly in mind, but do not hesitate in emergencies. 13. If necessary to transmit a lengthy message and time permits, write it down in logical order before transmitting. 14. Break a lengthy message periodically, especially a message having more than one part. 15. Keep mouth close to microphone and speak as if using a telephone; do not shout. 16. Use the minimum number of words necessary to convey the message. 17. In describing persons, give information in the following order: a. Name i. Color of Hair b. Alias j. Color of Eyes c. Race k. Complexion d. Sex l. Scars or Tattoos e. Age m. Clothing Description f. DOB n. Home Address g. Height o. Felony-misdemeanor or h. Weight reason for broadcast 18. Names of persons and unusual words are spelled using initials coded (A-Adam; B-Boy; C-Charles, etc.). 19. When transmitting numbers, state them in groups of three.

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20. Officers with emergency traffic, and the dispatcher, have priority use of the radio until emergency traffic is concluded. 21. Officers not involved in emergencies do not call in requests for information. 22. Uninvolved officers learn by listening. 23. If additional assistance is needed, it is requested.

Radio Procedures – Traffic Stops: When stopping a vehicle for any reason, the officer notifies the communications center of the following: 1. Intent to stop a vehicle; 2. Location where vehicle is stopped; 3. Complete description of the vehicle; 4. Number and description of occupants; & 5. Need for back up.

Radio Procedures - Felony Stop: When a vehicle is observed and thought to be occupied by felons or suspected felons, officers notify the communication center and provide the location of the vehicle, if stationary, or the location and direction of travel, if moving. Officers should keep the vehicle in-sight, notify the communications center, and request sufficient back up to maintain or achieve officer-suspect superiority.

Radio Procedures - Courtesy Messages: Law enforcement radio facilities may be used to locate persons for emergency purposes whenever public service facilities have failed, are inadequate, non-existent, or whenever a person sought is enroute to the destination. The following guidelines should be followed regarding use of the police radio for courtesy messages: 1. Courtesy messages should be carefully considered before acceptance. Courtesy messages which are not urgent, should not be transmitted. 2. Employees may not convey the text of the message or the nature of the emergency. Inform the person that an emergency exists, and provide the name and telephone number of the person trying to reach them. 3. The radio system is for official law enforcement messages only, and may not be used as a paging system for any private individual or organization.

Radio Procedures - Disasters & Other Serious Incidents: Employees learning of a crime, civil disorder, critical incident, or disaster, such as an explosion, tornado, etc., immediately give the description of what happened to the dispatcher by radio, or any other available means of communication. The dispatcher then contacts and dispatches a supervisor. The employee reporting the incident continues to evaluate the situation, and provide further communication concerning the event, including immediately needed resources, back up, street closing, traffic rerouting, etc.

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Incidents involving multiple response agencies can result in confusion. Officers therefore use clear text English.

Radio Procedures - Hit and Run: An officer reporting hit-and-run incidents transmits the information in the following manner: 1. Location of hit-and-run accident; 2. Any personal injury involved; 3. Date and time of the accident; 4. Color, year, make, body style, accessories, license information; 5. Any Identifying features or damage to the vehicle that left the scene; 6. Description of the driver and passengers, if known, occupying suspect vehicle; & 7. Direction of travel of suspect vehicle when last seen.

Radio Procedures – Car-to-Car Transmissions: Employees using law enforcement communications are prohibited from using slang expressions, jokes, humorous remarks, profanity or keying the microphone to music, internal or external noises, and other non-professional uses. Communication is conducted in the performance of official law enforcement business, using as few words as possible to complete transmissions.

Phonetic Alphabet Word Code: Employees use one of the following word code systems when transmitting by police radio:

Military: A – Alpha J – Juliet S – Sierra B – Bravo K – Kilo T – Tango C – Charlie L – Lima U – Uniform D – Delta M – Mike V – Victor E – Echo N – November W – Whiskey F – Foxtrot O – Oscar X – X Ray G – George P – Papa Y – Yankee H – Hotel Q – Quebec Z – Zulu I – India R – Romeo

Names: A – Albert I – Ida Q – Queen B – Boy J – John R – Robert C – Charlie K – King S – Sam D – David L – Larry T – Tom E – Edward M – Mary U – Union F – Frank N – Nan V – Victor G – George O – Oscar W – William H – Henry P – Paul X – X-ray

Page 4 of 5 Law Enforcement Policies and Procedures, 5.04 Radio Procedures

Y – Young Z – Zebra

Dispatch Codes:

When dispatching a message to a responding officer, the dispatch unit should give a priority number to every call according to the following: 1. Code 3 (Emergency) A call of an immediate, life-threatening nature. Response by the officer requires the use of emergency equipment (lights and siren), except when use of such equipment would likely result in alerting the violator and increasing the likelihood of escape. 2. Code 2 (Priority or Urgent) A call which requires an officer to be on the scene as soon as possible. 3. Code 1 (Routine) A call of a routine or less serious nature. The officer responds as soon as possible, or may handle the call while remaining in service.

Page 5 of 5 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Civil Rights & Constitutional Policy Number: 5.06 Warnings Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department subscribes to the principle that law enforcement officers are sworn to protect and defend the civil rights of all persons within their jurisdiction as guaranteed by the United States Constitution. As a part of this responsibility, officers of this agency provide appropriate constitutional warnings and the corresponding protection to all suspects.

DEFINITIONS:

 In-custody interrogation – Contact in which an individual is under either arrest or their movement to come and go as they please is restricted at any agency facility or at any location where, although not physically detained, a law enforcement officer creates a coercive atmosphere.

 Interrogation - An exchange in which the subject is unwilling to exchange information with the law enforcement interviewer or is being questioned about his involvement in a crime or criminal activity.

 Interview - A meeting or discussion with a witness or potential witness in which the officer questions, consults with, or evaluates the other person.

 Suspect - A person suspected of a specific crime, also a person apprehended for, but not convicted of a specific offense.

 Witness - One who gives or may be capable of giving evidence regarding matters of fact under investigation.

DISCUSSION:

The Fifth Amendment to the United States Constitution states that … persons shall not be compelled in any criminal case to be witnesses against themselves. With this in mind, any in-custody individual suspected of committing a crime and interviewed or

Page 1 of 4 Law Enforcement Policies and Procedures, 5.06 Civil Rights & Constitutional Warnings

interrogated concerning their involvement in that crime is advised of their constitutional rights pursuant to Miranda v. Arizona,1; 1966, and Dickerson v. US.2

It is often recited by professional law enforcement officers that … you interview a witness, and interrogate a suspect. In many investigations, a witness may become a suspect. When, in an officer’s perception, a witness turns into a suspect, it is appropriate to immediately read the individual their constitutional rights, before proceeding with what has now become an interrogation. While reading these rights is important … recognizing, making sure the suspect understands, and providing these rights is just as important.

Miranda states that before an in-custody interrogation or interview of a suspect in a criminal case, the suspect is warned of his right to remain silent, to consult with counsel, to have counsel present during questioning, and if he cannot afford a lawyer one is appointed to represent him.

If the accused indicates he wants an attorney, the interrogation or interview ceases until the attorney is present. The burden is on the arresting and interrogating officer to show that the accused knowingly and intelligently waived his right to counsel. The failure of an accused to ask for counsel does not constitute a waiver of their rights. Officers are required by law to affirmatively advise a suspect of their rights, and provide those rights upon request of the suspect.

Once a suspect or accused has been advised of their Miranda Warnings and has invoked these rights to have counsel present during custodial interrogation, the suspect or accused is not be subject to further interrogation until counsel has been made available or he has himself initiated further communications, exchanges, or conversations.3 Once again, the burden is on the officer to prove a voluntary waiver by the suspect or accused.

If the accused is in-custody before the interrogation, the accused is given Miranda Warnings before any questioning takes place. In order to use a statement in court, a suspect under arrest is advised of the Miranda Warning and the detective is able to demonstrate that the suspect understood those rights and made a knowing and intelligent waiver of those rights, prior to any interrogation.

Witnesses on the other hand, are free to talk, and do not need to be read or provided their Constitutional Rights under the 5th Amendment. Without being placed in custody or receiving Miranda warnings, witnesses can voluntarily answer questions. If during the process of willingly answering questions, the witness balks when asked a case related question(s). Officers conducting the interview should include the specific

1 Miranda v. Arizona, 384 U.S. 436 (1966). 2 Dickerson v. United States, 530 U.S. 428 (2000), 3 Edwards v. Arizona, 101 S. Ct. 1880 (1981).

Page 2 of 4 Law Enforcement Policies and Procedures, 5.06 Civil Rights & Constitutional Warnings question(s) that the witness refused to answer. If later charged with a related offense, prosecutors can introduce at trial the failure to respond to specific questions as an indication of guilt.4

Note that foreign nationals arrested or detained for an offense have additional warning requirements.

PROCEDURE:

The Warnings: The Supreme Court of the United States provides guidelines for law enforcement officers on required warnings. These warnings and the corresponding rights all apply before any interrogation of a suspect. The rights of an accused suspect or person in custody are: 1. Right to remain silent; 2. A clear understanding that anything he says may be used against him in a court of law; 3. Right to an Attorney before any questioning; & 4. If he cannot afford an Attorney, one is appointed and provided before any questioning.

After reading a suspect their Constitutional rights, the suspect is asked, “Do you understand your rights?” If answered, “Yes”, the officer questions the suspect to test their understanding such as, “Do you understand that you do not have to speak or provide your side of the story?” By this process, the officer can reasonably confirm the suspect’s comprehension of his rights.

If the detained suspect is not functionally literate in the use of the English language, the arresting officer is responsible for locating someone competent in a language the suspect does understand to translate.

Arresting officers read Miranda Warnings to all suspects: 1. Before any interrogation, interview, or questioning regardless of whether the suspect has been formally arrested or not. A clear rule of thumb is if the officer suspects that an individual has committed a specific crime, there is probable cause to arrest, and the individual is coerced or not free to leave, the officer interrupts the inquiry and reads the suspect their rights before proceeding. 2. From a form or pocket card approved from the agency. Officers may not recite the warnings from memory. 3. At the earliest practical opportunity after the suspect and the incident scene are secured.

4 Genovevo Salinas, Petitioner v. Texas. No. 12–246 (2013).

Page 3 of 4 Law Enforcement Policies and Procedures, 5.06 Civil Rights & Constitutional Warnings

To carry out this vital duty, officers carry and use a Miranda Warning Card on their person. Officers may not assume that suspects have had their rights read to them, or that they comprehend their rights, regardless of the number of officers that have handled the suspect under this case or previous arrests.

All written statements or confessions of a suspect bear a written confirmation of the suspect’s rights, a comprehension of those rights, and the suspect’s witnessed signature.

In the event a suspect cannot orally speak, the arresting officer asks the suspect to write down their understanding and agreement to proceed on paper. Likewise, if the suspect is not conversant in the English language, the arresting officer secures the services of a qualified interpreter or translator before proceeding with the interrogation.

The reading of these warnings is given in addition to any other required warning such as juvenile warnings, magistrate warnings, or warnings by any other law enforcement agency.

Stop Action: Suspects may exercise their right to have legal representation or to remain silent at any time, even after previously waiving these rights. This may occur during a conversation, interview, interrogation, or lineup. Whether the person is in or out of custody does not matter. When suspects state a desire to invoke their rights, the interrogation or interview stops and no force or coercion is used to dissuade suspects from exercising their rights. No further interviews or interrogations are made until access to legal counsel or written request has been received requesting to speak to an investigating officer without an attorney the presence.

There are no exceptions to this policy. The exercise of constitutional rights by a person or suspect is not an admission or indication of guilt. Officers who fail to comply with this policy are subject to severe disciplinary action, to include dismissal form the force.

State warning guidelines may be more stringent than the standard “Miranda Warning,” officers should follow the agency’s directions regarding the more restrictive of these guidelines to ensure full compliance with state law.

Foreign Nationals: In addition to the requirements of Miranda Warnings, concerning an arrest or detention of a foreign national, the suspect is also informed of their right to contact their countries nearest Consul General before any questioning. In some instances, the arresting officer has the obligation to notify the foreign consult. When in doubt, a check with the US State Department is the recommended practice.

Page 4 of 4 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Racial & Bias Profiling Policy Number: 5.07

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department enforces the law in a proactive manner and aggressively investigates suspected violations. Enforcement actions are made in a responsible and professional manner, without the use of racial or bias based profiling.

DEFINITIONS:

 Racial or Bias Profiling - The interdiction, stopping, detention, or other unequal treatment of any person based on race, ethnicity, gender, sexual orientation, culture, religious affiliation, national origin, or any combination thereof. These are not factors in determining reasonable suspicion for a stop, or for determining probable cause for an arrest. This applies to both traffic and pedestrian stops. The primary factor to consider is whether an observable offense was committed.

 Race or Ethnicity – Of a particular decent, including, but not limited to, Caucasian, African, Hispanic, Asian, or Native American.

 Pedestrian Stop – An interaction between an officer and an individual who is being temporarily detained for the purpose of a criminal inquiry in which the individual is not under arrest.

 Traffic Stop – An officer who stops a motorist for a violation of a law or traffic violation.

Examples of Bias Based Profiling may include: 1. Stopping a particular driver, who is moving with the flow of traffic, simply because of the driver’s apparent race, ethnicity or national origin.

2. Detaining the driver of a vehicle based on the determination that a person of that race, ethnicity, gender, sexual orientation, culture, religious affiliation, or national origin is unlikely to own or possesses that specific make or model of vehicle.

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

Page 1 of 3 Law Enforcement Policies and Procedures, 5.07 Bias & Racial Profiling

3. Detaining an individual based on a bias profile that an individual does not belong in a specific area or place.

Two Principles for a Law Enforcement Agency: 1. Discrimination in any form, including racial profiling, is strictly prohibited and the department will take immediate and appropriate action to investigate allegations of discrimination. OPD strictly prohibits and officers do not use racial stereotypes as factors in selecting whom to stop and search. However, officers may use race in conjunction with other known investigative factors.

2. Race or ethnicity is not normally a profiling factor as it pertains to witness or victim credibility.

GENERAL PROVISIONS: 1. Two fundamental rights guaranteed by the United States Constitution and Constitution of this state are equal protection under the law and freedom from unreasonable searches and seizures by government agents.

2. Employees of this agency do not engage in bias based profiling.

3. This policy does not inhibit or preclude officers from offering assistance to anyone who appears to be in need of assistance, ill, lost, or confused.

4. This policy does not inhibit or preclude officers from stopping someone suspected of suspicious activity, violation, breach of the peace, or crimes based upon observed actions and/or information received about the person’s actions.

AGENCY DATA REPORTING:

Olmos Park Police Department reporting requirements to the State of Texas are taken seriously by this agency. Personnel designated by the Chief of Police will compile and place into a report format all incidents concerning racial profiling. The Chief of Police shall disseminate this data as required by Texas statute.

COMPLAINTS:

Olmos Park Police Department accepts complaints from any person who believes they have been stopped, searched, or inappropriately ticketed or arrested based on racial, ethnic, or national origin profiling. No person is discouraged, intimidated, or coerced from filing such a complaint, or discriminated against because they filed such a complaint. Employees and supervisors report any racial profiling practice they observe.

The taking of citizen complaints, investigation of any complaints, and final disposition are received and processed in accordance with the Texas State Code of Criminal Procedure, and the Texas Commission on Law Enforcement.

Page 2 of 3 Law Enforcement Policies and Procedures, 5.07 Bias & Racial Profiling

Complaints against members of the Olmos Park Police Department may be made by letter, in person, and under certain circumstances, by phone. No matter how the complaint is made, it is the responsibility of the contacted supervisor to inform the complainant of the proper procedure for filing a complaint. Complaints received must be under oath and notarized.

All complaints received are processed through the Internal Affairs Investigator. When a complaint is received, it is reviewed to determine the nature of the allegations. Complaints involving serious allegations such as excessive force, any discharge of firearms, or criminal activity, such as theft, are reviewed by the Internal Affairs Investigator. Complaints comparatively less serious in nature, such as rude behavior or improper procedure, are forwarded to the individual employee’s supervisor for investigation. In every case, the person making the complaint will be contacted during the investigation for additional information, and will be notified by mail of the final disposition.

Page 3 of 3 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Robbery or Alarm Response Policy Number: 5.08

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Armed robbery and burglary are serious crimes that pose serious risks to citizens and officers. Officers of Olmos Park Police Department respond to reports of these crimes with urgency in order to maximize safety for employees, bystanders, and officers, and to enhance the probability of arrest.

DISCUSSION:

Although statistics vary from jurisdiction to jurisdiction, we know that most burglary alarms are false, meaning that the signal received at the alarm or law enforcement office was not cause by an illegal entry. In some areas the false alarm rate is ±98%.

This is not the case with hold-up alarms at businesses. Hold-up alarms are more often that not real emergencies and are dangerous for officers and the public. Because of these realities, burglary alarms, received from an electronic monitoring device without confirmation of any kind are generally a lower priority dispatch call. Hold-up alarms have a high priority, and require multiple officer response, if they are available.

PROCEDURES:

Burglar Alarm - Normal Response: 1. When burglar alarms from businesses or an alarm companies are received: a. Dispatch notifies the on-duty officers of the situation; do not notify the business or residence until the responding officers are on scene and request contact with the business or residence. In many instances the telephone line is directly connected to an alarm company or agency. Upon a call to the location there may be a busy signal as the line is tied up transmitting data to the alarm monitoring center or vice-versa. b. If there is confirming information, other than the alarm signal, two [2] units respond to the scene if reasonably available. c. Officers first observe for suspicious activity and then make a tactical approach to the building.

Page 1 of 3 Law Enforcement Policies and Procedures, 5.08 Robbery or Alarm Response

d. Officers may request communications to attempt contact by phone with the occupant of the home or manager of a business. If no crime is being committed, request that person to exit the building and make contact with an officer at a predetermined safe location. e. Responding officers identify themselves and their agency and determine whether there is a problem. f. Officers may not delay response to burglar alarm calls, but should not respond in “emergency mode” unless there is a significant probability that the crime is in progress. Officers may deactivate their audible sirens within a reasonable distance of the location, so as to not notify the perpetrators of approaching authority. 2. If there is no problem, the responding officers: a. File a report which states their name, the name, address, and telephone number of the business and why the alarm was activated; & b. Do not enter the business unless requested.

Robbery Alarm Procedure - Robbery in Progress Response: The agency response to reported robberies follows these guidelines: 1. Two [2] units should respond to the scene, if reasonably available, in emergency mode by activating warning lights and siren until within sight or sound of the location. Each unit maintains the following responsibilities: a. The first unit observes the most logical point of escape. b. The second unit observes a secondary point of escape. c. The third unit when available remains approximately a block away from the scene, with line-of-sight to assist any other units in stopping the suspects’ vehicle, if escaping by motor vehicle. 2. Shotguns are recommended on these calls. 3. The dispatcher confirms whether an armed robbery is actually in progress by pre- arranged signal with the business employee, if such arrangements have been made in advance between the agency and the business. If dispatch establishes communication by telephone, the business employee is asked to stay on the phone. 4. Upon arrival at the robbery location, officers remain out of sight as viewed from the location, until the dispatcher confirms that the robber has left the premises, or the suspect is observed. Many businesses including most banks train employees to get armed robbers out of the facility quickly and to lock the doors behind the subject(s) in order to prevent re-entry and reduce the potential for hostage situations. Officers may approach the building if there is a visible notice or other indication that the suspect(s) has left the interior of the building. 5. Normally officers should not approach or enter the building until instructed to do so by an employee, or dispatch communicating with employees. 6. Usually there is no attempt to arrest the individuals until they have left the building. 7. Officer’s arriving at the location are responsible for: a. Securing the crime scene, including all possible exits;

Page 2 of 3 Law Enforcement Policies and Procedures, 5.08 Robbery or Alarm Response

b. Identifying and obtaining information from witnesses; & c. Informing other officers of information as it becomes available. 8. Responding officers should remember that suspects may have left the scene and employees are unable to communicate with the officers. 9. Responding officers immediately determine whether the suspect(s) left in a vehicle or on foot. If a vehicle was used, officers obtain a description, direction of travel and occupant information. This information is given to the dispatcher for immediate broadcast. If the suspects left on foot, broadcast their description and last known direction of travel. Protect the escape route for K9 tracking. 10. An incident report is prepared on all calls made to any facility involving a holdup alarm wired direct into the agency.

Robbery Response – Active Shooter: In the event a robbery or alarm response becomes an “active shooter” situation, responding officers should place priority in the following order: 1. Innocent victims; 2. The general public; 3. Law enforcement & other safety personnel; &, 4. Suspect(s).

Page 3 of 3 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Disabled Persons Policy Number: 5.09

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department ensures all persons are afforded equal access to employment opportunities and law enforcement services.

DEFINITIONS:

 Qualified individual with a disability - an individual who, with or without reasonable modifications to rules; policies or practices; the removal of architectural, communication, or transportation barriers; or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.

 Disability - a physical or mental impairment that substantially limits one or more of the major life activities of an individual, a record of such impairment, or being regarded as having such an impairment.

 Reasonable accommodation - includes the modification of existing facilities that are readily accessible to and usable by individuals with disabilities; job restructuring, part-time, or modified work schedules; reassignment of an employee with a disability to a vacant position; acquisition or modification of equipment; and appropriate alteration of examinations, training materials, or policies.

PROCEDURE:

The Americans With Disabilities Act [ADA] of 1990 (Title II) provides that state or local government may not exclude qualified individuals with disabilities from participation in any program, service, or activity or denying qualified individuals with disabilities the benefits of programs, services, or activities, or otherwise subject them to discrimination on the basis of disability.

Page 1 of 6 Law Enforcement Policies and Procedures, 5.09 Disabled Persons

No single policy & procedure can address law enforcement responses to people with disabilities. This policy & procedure addresses common interaction with people with disabilities including those who are complainants, victims, witnesses, arrestees, members of the community who desire to participate in agency-sponsored programs, people seeking information, and uninvolved bystanders. Employees take steps necessary to assist people with disabilities in accessing the full range of services provided by our agency.

Responsibility of Officers: In providing law enforcement services to the public, we provide all rights, privileges, and access to the agency for those with disabilities.

People with disabilities may be suspects or arrestees and require detention, transportation, and processing. Employees confronted with an unfamiliar impairment should seek professional advice regarding the proper methods of transport, arrest, and detention of individuals with a disability.

Employees should recognize the characteristics of various disabilities, including symptoms and physical reactions that may resemble individuals under the influence of alcohol or drugs. At times such traits may be exhibited by people with diabetes, epilepsy, multiple sclerosis, hearing impairments, and other disabilities. In such instances the appropriate responses are to: 1. Seek the aid of a coworker who has knowledge and/or training in dealing with such issues; 2. Seek emergency medical aid; 3. Protect and/or calm the individual; 4. Use basic sign language; or 5. Locate and enlist support of family and friends.

Officers should use caution in applying restraint to a person with a physical or mental disability when affecting an arrest. This may include use of interpreters, attorneys, and legal guardians. In all cases, officer safety prevails. No employee should jeopardize his or her safety or that of others in an attempt to accommodate a person with a disability.

Routine and Emergency Interaction: In providing routine and emergency services, equality in response, support, and protection is provided to all people including those with disabilities. Officers make every effort to access appropriate support organizations when needed.

Response to routine calls for service: 1. Agency employees are aware that people with disabilities have special needs that may have to be met in order to provide meaningful response to calls for service. Employees are sensitive to the fact that some people with disabilities may be targeted as crime victims as a direct result of their disability. 2. Employees should be familiar with techniques they may employ at scenes where

Page 2 of 6 Law Enforcement Policies and Procedures, 5.09 Disabled Persons

disabled persons are involved.

Response to emergency calls for service: 1. Dispatchers watch for characteristics of people whose disabilities may require special communications techniques. 2. If the person with the disability is unable to communicate, look for a medical alert bracelet or similar form of ID, or seek input from family, witnesses, and others to aid in identifying the nature of the disability. 3. In cases where the disabled person is deaf and cannot read lips, officers should be prepared to print out messages with a pen or pencil, and use patience when communicating.

Response to criminal and disruptive behavior: 1. People with disabilities also commit crimes, and exhibit disruptive and threatening behavior. Generally, people with disabilities who commit crimes or engage in disorderly conduct receive no preferential treatment. However, disorderly conduct should not be treated as a criminal activity when it is caused by the disability. For example, when such conduct is the result of a seizure or mental disability, the call for service should be handled as a medical referral call. Be aware that it is common for people with disabilities to seek sympathy as a way to lessen the outcome of the law enforcement response. 2. Officers should take reasonable precaution to protect themselves and others. The mere appearance of a disability does not mean that the individual is not capable of inflicting serious injury or death on officers or others.

Arrest and Incarceration: 1. Take precautions, and employ safety techniques when arresting and incarcerating all persons. Officers follow policies and standard techniques for arrest and incarceration when taking a person with disabilities into custody. 2. Consideration can be given to the special needs of some people with disabilities in an arrest situation. Officer response in such situations requires discretion and is based, in great part, on the officer's perception of characteristics and severity of the disability, the level of resistance and threat exhibited by the suspect, and immediacy of the situation. 3. In arrest and incarceration situations, employees may encounter the following: a. A person whose disability affects the muscular and/or skeletal system may not be able to be restrained using handcuffs or other standard techniques. Alternative methods (transport vans, seat belts) should be sought. b. Some people with disabilities require physical aids (canes, wheel chairs, leg braces) to maintain their mobility. Once the immediate presence of danger has diminished and the suspect is safely incarcerated, reasonable effort should be made to return the device. If mobility aids are withheld, the prisoner should be monitored to ensure that his or her needs are met. c. Prescribed medication may be required at regular intervals by people with disabilities (diabetes, epilepsy, etc.). Medical personnel (the suspect's

Page 3 of 6 Law Enforcement Policies and Procedures, 5.09 Disabled Persons

physician, on-call medical staff, and emergency room medical staff) is contacted to determine the importance of administering the medication, the potential for overdose, and any other instructions. Follow their instructions. 4. Some people with disabilities may not have achieved communications comprehension levels sufficient to understand their individual rights in an arrest situation. For people who are deaf, there is no sign language for the term "waive" concerning the Miranda rights. Yet, in an effort to be cooperative, a suspect who is deaf may acknowledge that he or she is willing to give up his or her rights. Officers take extra care to ensure that the rights of the accused are protected. 5. Lack of speech or other speech impairment may make it difficult for a suspect to notify the arresting officer or jailer of an urgent need. Frequent cell checks should be conducted, or a means of communication provided. 6. Officers are cautioned that persons with disabilities often rely on their disability to attempt to manipulate and control their environment. Do not be lulled into an unsafe practice.

Visual Disabilities: 1. One issue facing people in need who are blind or vision impaired is identifying law enforcement officials. Employees should offer detailed information when identifying themselves. Whenever possible, if the presence of a visual disability is known, officers may have dispatch contact the victim or complainant to verify that a member of the agency is present. If needed, badges may be offered to the individual to verify the officer's identity. 2. Knowing what not to do is as important as knowing what to do to assist a person who is vision impaired. Employees do not need to raise their voice when speaking. Employees should not grab the person's arm to lead him or her in a particular direction. Simply describe potential obstacles or ask if they need guided assistance. 3. In public access areas, signs and printed information within law enforcement facilities should be in large print in order to assist people with vision impairments. In non-public areas visually and hearing impaired persons should be escorted by the officers in charge or being visited.

Mental, Emotional, and Psychological Disabilities: 1. The terms mental illness, emotional illness, and psychological illness, describe varying levels of mental disabilities causing disturbances in thinking, feeling, relating, and perception. 2. Employees ensure that people with mental, emotional, and psychological disabilities are assisted in accessing agency services, which may require time and patience beyond that usually provided. If an individual with a mental, emotional, or psychological disability is taken into custody, officers take extra precautions, to use those restraints necessary to move the arrestee safely, while protecting the officers, and the arrestee from self-injury.

Page 4 of 6 Law Enforcement Policies and Procedures, 5.09 Disabled Persons

3. Frequently, a family member or friend is of great value in calming an individual exhibiting unusual behavior as a result of mental or emotional impairment. Conversely, a family member or friend can be a negative influence on a person exhibiting unusual behavior. If needed, steps should be taken to gain placement for the individual in an appropriate emergency medical, health care, or shelter facility, before transporting the impaired detainee. 4. Officers become familiar with government agencies, nonprofit agencies, volunteer organizations, and emergency medical services that provide assistance to people with mental, emotional, and psychological disabilities.

Mental Retardation: 1. Mental retardation encompasses a broad range of developmental disabilities from mild to profound. Mental retardation and mental illness are distinct conditions, with no similarity. The largest percentages of people with mental retardation are in the ranges termed "mild" or "moderate." 2. Officers should recognize that people who are mentally retarded have varied degrees of intellectual function. 3. Ask short questions, be patient when waiting for answers, repeat questions and answers, have individuals repeat the question in their own words, and provide continual reassurance. 4. When dealing with someone who is lost or has run away, officers may gain improved response by accompanying the person through a building or neighborhood to seek visual clues. 5. In responding to the needs of people with severe or profound mental retardation, the aid of family, friends, caregivers, and neighbors is invaluable.

Mobility Impairments: 1. Among the disabilities that are the most visibly identifiable are mobility impairments. People with mobility-related impairments include those who have difficulty walking, who use a wheelchair or other mobility aid, and those who are immobile. 2. In a critical or emergency situation, officers should use discretionary caution when moving a mobility-impaired person rapidly to a position of safety. 3. In an arrest encounter, once an arrestee with mobility impairment is secure in a cell and safety concerns are resolved, an effort should be made to return use of any mobility aids (wheel chair, cane, etc.). 4. As with other disabilities, officers should never assume that a mobility impaired suspect is not capable of inflicting serious injury or death to officers, the public, or themselves. They may be handicapped, but they are not stupid, and expect you to empathize with their overt condition. 5. Public access areas of agency facilities should be accessible to people with mobility impairments. Entrances, interior routes, stairs, drinking fountains, rest rooms, and telephones should accommodate people with mobility impairments including those who use wheelchairs.

Page 5 of 6 Law Enforcement Policies and Procedures, 5.09 Disabled Persons

Invisible Disabilities: 1. Some disabilities are difficult to detect. A law enforcement officer's inability to recognize characteristics associated with certain invisible disabilities could have serious consequences. For example, outward signs of a disability such as epilepsy generally do not exist unless the person with the disability experiences a seizure. People with diabetes may have reactions from either too little or too much insulin. Low blood sugar reactions are common and are usually treated by ingesting sugar. Detaining someone and preventing them from accessing required medication or substances could have serious health implications for the individual and liability consequences for the officer and agency. 2. Realize that involuntary behavior associated with some invisible disabilities may resemble behavior characteristically exhibited by intoxicated or less frequently, combative individuals. For example, a person experiencing a mild seizure may appear incoherent and physically imbalanced. The response is temporary. 3. An officer's patience and understanding of the characteristics commonly associated with invisible disabilities increase the likelihood of a successful outcome. An inaccurate assessment may lead to unnecessary confrontation, injury, and denial of needed medication and/or medical treatment. 4. As with all encounters, an officer’s second obligation, after protecting himself and others, is to protect the individual suspect from unnecessary harm. When aiding a person experiencing a seizure, protection from obstacles, a calm reassuring manner, and patience are important responses. 5. Family members, caregivers, and friends should be sought to provide information and assistance. Their presence may prove invaluable in understanding the needs of the person with the disability and guiding the officer's actions.

Speech and Hearing Disabilities: 1. Like other invisible disabilities, officers may confuse the behavior of individuals with hearing and speech disabilities with those of people who intentionally refuse to cooperate or those who abuse illegal substances. Be aware that an individual's failure to comply with or respond to verbal orders does not always constitute resistance, but may be the result of that individual's inability to hear the officer or respond verbally. Before committing to a course of action, officers should attempt to determine if they are dealing with a communication-related disability. 2. Officers take extra measures to protect the rights of suspects who are deaf and hard of hearing, as well as others who may not have educational or communications comprehension levels sufficient to fully understand the basic Constitutional Rights. Simply reading the rights to someone with a hearing disability and having the individual acknowledge that they understood is insufficient.

Page 6 of 6 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Search Warrants Policy Number: 5.10

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department officers exercise due diligence when preparing and executing search warrants. Officers performing these tasks: 1. Have sound knowledge of the legal requirements associated with obtaining a search warrant in order to prevent suppression of evidence; 2. Use techniques to accomplish a thorough and legal search; 3. Observe the constitutional rights of the person(s) the warrant is being served upon; 4. Minimize the level of intrusion experienced by those who are having their premise or property searched; 5. Respect reasonable expectations of privacy; 6. Provide for the highest degree of safety for all persons concerned; & 7. Establish a record of the entire process.

DEFINITIONS:

PROCEDURES:

Warrant-less Searches: The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches. Officers conducting searches without warrants are to prove that searches are reasonable. Therefore, officers should consider obtaining search warrants whenever time and circumstances permit. Search warrants are not required if officers are: 1. Securing weapons or evidence of a crime incident to an arrest; if the evidence is in a residence or a vehicle, consent or a warrant should be obtained 2. Assisting individuals under life-threatening situations; 3. Protecting the public from harm; 4. Searching for additional victims at crime scenes;

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5. Protecting vital evidence; 6. Pursuing a perpetrator; 7. Searching vehicles based on probable cause that the suspects may contain contraband; & 8. Searching individuals under their voluntary, written consent.

Legal Basis for Seeking a Search Warrant: The following guidelines are followed by all officials of the agency when obtaining search warrants: 1. Officers are able to articulate probable cause to believe that specific evidence, contraband, or fruits of a crime may be found at a particular location. 2. Any facts that establish probable cause are clear and specific. Officers may not rely solely on personal opinion, unauthenticated third-party information, or hearsay. The officer bases all facts on: a. Personal observation or knowledge, or b. Information from a reliable source; & 3. When informants are used, particularly confidential informants, specific information should be provided as to their reliability.

Affidavit Preparation: An affidavit supporting the warrant is prepared on the appropriate agency form before executing a warrant. Affidavits are vital to the search warrant validity. Affidavits should clearly and completely convey the following information: 1. An offense description with reference to the criminal code section, where possible; 2. The place or thing to be searched is specifically described to include: a. The physical address of the location; b. A physical description of the premises; c. A legal description of the premises; d. The name of the owner or occupant; e. The geographical location of the property; f. Map coordinates or distances from given reference points; & g. Photographs, maps, or diagrams that help to specify the location in question. 3. If conducting a complete search of a home and its surroundings, the affidavit should specify a “premises” search and its “curtilage” and should identify any outbuildings such as garages, tool sheds or barns, where appropriate; 4. Any motor vehicles known to be on the premises that may be searched should be specified and clearly identified; 5. Anyone who is searched, besides being frisked for weapons, should be noted by name in the affidavit; 6. The specific items to be searched for are detailed in the affidavit, including any alterations made to those items; & 7. Any experts used for the search of computers and related high-technology equipment are noted in the affidavit.

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Time Limitations – Execution of a Search Warrant: The agency executes search warrants as soon as possible following the conditions of warrant. Circumstances may warrant execution that include, but are not limited to: 1. The seizable items have not arrived at the search site; 2. The probability that substantial resistance is encountered; & 3. A particular person(s) is absent from the search site and it is determined that the search would best be conducted if that person were present.

Preparation – Execution of a Search Warrant: Prior to entering the premises, the supervisory officer: 1. Ensures that the warrant is valid; 2. Confirms that the property about to be searched is the property listed on the warrant; 3. Conducts a pre-entry briefing of the execution process with all search team personnel to include: a. Review of the order of operations and procedures, b. A simulation of conditions of the search using the appropriate maps, charts and diagrams, & c. Tactics and equipment to be used in the event of forced entry. 4. Reviews the most current intelligence available to determine whether circumstances have changed that may make executing the search warrant at that time undesirable; 5. Includes at least one uniformed officer in the execution of the search warrant; 6. Ensures that all non-uniformed officers can be clearly identified as law enforcement officers by distinctive armbands, jackets or other indicators of office; 7. Equips all search team personnel with body armor and a safety holsters; & 8. Documents the entire warrant execution process using photographs and videotape from beginning until the search team leaves the premises.

Entry Procedures – Execution of a Search Warrant: All officers should follow these guidelines: 1. Entry into a property for the purpose of serving a search warrant may occur at any time of the day or night if the affidavit provides good cause and permission is granted in the warrant. 2. Approach the scene without sirens. 3. Make contact with the surveillance team to ensure that the time is appropriate to serve the search warrant. 4. The supervisory officer notifies persons inside the search site, in a voice loud enough to be heard inside the premises, that he/she is a police officer and has a warrant to search the premises, and that he/she demands entry to the premises at once. 5. No-knock entries are used only when necessary. It should be noted in the search warrant prior to entry if officers believe adherence to the knock-and- announce rule would: a. Endanger their safety or the safety of others,

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b. Enable wanted persons to escape, or c. Likely result in the destruction of evidence before entry could be made. 6. Search team personnel are positioned so that: a. All exits from the property are covered, b. Uniformed officers are the most visible and enter the property first, & c. Non-uniformed officers enter last. 7. Once inside the property, the supervisory officer ensures that a member of the search team conducts a security sweep of the search site. 8. After the search site has been secured, officers develop a prioritized strategy that details the likely whereabouts of the items to be seized and an order of operation for conducting the search. 9. One [1] officer or evidence technician is designated to collect, preserve and document all items seized from the property. 10. Any property that is damaged during an entry: a. Is secured or guarded until the property is secured, if the property is left vacant; & b. Be detailed in a special report prepared on the actions that caused the damage and the nature and extent of the damage.

Record of the Search Warrant: Officers record and provide a receipt of any property taken during a search, return the warrant and deliver the property inventory to the appropriate judicial authority within specified time limits.

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Subject: Search of Motor Vehicles Policy Number: 5.11

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department only conduct searches that are legal and thorough, while strictly observing the constitutional rights of drivers and other occupants. Searches are only conducted with due regard for the safety of officers, other persons, and the property involved.

PROCEDURES:

Officer Safety: Officers do not search vehicles alone. At least two officers are present in order to allow one officer to search and one officer to monitor vehicle occupants. Officers may make all occupants exit the vehicle while interviewing or searching, in order to protect their safety.

General Provisions for Vehicle Searches: There are three conditions under which law enforcement officers may search a vehicle. These conditions are warrant, warrant-less, and consent searches. When conducting a vehicle search, officers of Olmos Park Police Department: 1. Request owner or operator’s consent regardless of the type of search [warrant, warrant-less, or consent searches] to be conducted; 2. Obtain a search warrant, if feasible; 3. Avoid vehicle damage unless reasonably necessary to carry out a safe and thorough search; & 4. Search all areas of the vehicle, unless specified otherwise in the warrant or in the consent.

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

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Law Enforcement Policies and Procedures, 5.11 Search of Motor Vehicles

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

Officers use their best effort to: 1. Obtain a search warrant, if feasible; 2. Request owner or operator’s consent regardless of the circumstances involved; 3. Avoid vehicle damage unless reasonably necessary to carry out a safe and thorough search; 4. Search all areas of the vehicle, unless specified otherwise in the warrant, or in the consent; 5. With the exception of the items seized, leave the vehicle and its contents in the same condition as found; & 6. Provide the owner or operator with a receipt of any items lawfully seized.

Warrant-less Searches: If probable cause of criminal activity exists, officers may enter motor vehicles without warrants or consent in order to specifically: 1. Examine a vehicle identification number or determine ownership of the vehicle; 2. Remove a person from a vehicle in an emergency situation; 3. Seize evidence or contraband that is in plain view; or 4. Perform inventory searches of vehicle to be impounded.

Officers may not abuse warrant-less searches and ask permission of owners or operators before conducting a warrant-less entry or search, if possible.

Consent searches: Officers may conduct warrant-less searches with or without probable cause after obtaining consent from the vehicle owner or operator. The extent of a consent search may be limited to specific areas of a vehicle depending on the terms of the consent. A person granting consent to search may limit the scope of the consent, or may not consent to a warrant-less search. This is a constitutional right of the individual. A receipt is made and delivered to the consenting party regarding seized illegal items.

Location of Vehicle Searches: Officers of this agency use their discretion regarding the location of warrantless searches in order to protect officers, vehicle occupants, members of the general public, and potential evidence. Such searches may be conducted at the following locations: 1. On a public way or waters or other area open to the public; 2. In a private area unlawfully entered by the vehicle; or 3. In a private area lawfully entered by the vehicle.

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In cases of searches authorized by search warrants, the warrants specify the location, conditions, and vehicle to be searched.

Search of Containers Found in a Vehicle: The following conditions normally apply to the search of containers observed in or near the vehicle. 1. Containers, including paper bags, cardboard boxes, and wrapped packages, may be searched, under a warrant or with probable cause if: a. Found within the vehicle passenger compartment, b. Found during a consent search, or c. Discarded from the vehicle. 2. Inventory searches of containers are conducted after lawful, custodial arrests. 3. Locked containers such as attaché cases, suitcases, and footlockers may be opened under a warrant or consent of the owner only. 4. Containers are searched at the location where the vehicle was discovered or detained if safe to do so.

Page 3 of 3 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Interviews & Searches Policy Number: 5.12

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Officers of Olmos Park Police Department perform interviews and searches in a professional and courteous manner, without compromising their own safety or the safety of others, and without harassment or undue embarrassment to the public.

DISCUSSION:

Interviews, whether performed in the field or office, are an important technique for officers to use in preventing and investigating criminal activity. It may be necessary for officers to search those being questioned in order to protect their own safety.

Field interviews and searches can be perceived by some as unnecessary or discriminatory police harassment even when conducted with respect and in strict compliance with reasonable policies and procedures, and the law. In order to maintain the effectiveness and legitimacy of this practice and to protect the safety of officers who approach and deal with suspicious individuals, officers conduct field interviews and searches in conformance with procedures set forth in this policy and procedure manual.

DEFINITIONS:

 Probable Cause - Reasonable grounds for belief that a suspect or accused person may be subject to arrest or the issuance of a warrant. Contrast to reasonable suspicion, which is a much lower standard.

 Reasonable Suspicion - A reasonable officer is lead to suspect that criminal activity has been, is being, or is about to be committed given the facts and

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Law Enforcement Policies and Procedures, 5.12 Interviews & Searches

circumstances of the situation. Reasonable suspicion may also apply to otherwise legal issues, such as a reasonable suspicion that the person being interviewed is in possession of a weapon [legal or otherwise]. Contrast to probable cause, which is a much higher standard.

 Pat-Down Search - A “frisk” or external feeling of the outer garments of an individual for weapons, contraband, or concealed evidence.

 Rub Search - Rubbing of the individual’s body including the genitals, buttocks, and breasts, for weapons, contraband, or concealed evidence.

 Strip Search - A visual inspection of an unclothed individual for weapons, contraband, wounds, abuse, suicide attempts, or concealed evidence.

 Body Cavity Search - A strip search that involves probing the mouth, anus, and genitals of the individual for weapons, contraband, or concealed evidence.

PROCEDURES:

Justification for Conducting a Field Interview: Officers may stop individuals for the purpose of conducting a field interview only when reasonable suspicion is present. In establishing reasonable suspicion an officer is able to describe facts or observations that, when taken together with common sense, reasonably justify the stop. Such facts or observations may include, but are not limited to the following: 1. Appearance or behaviors that suggest the person is part of a criminal activity or enterprise, or is engaged in a criminal act. 2. Observed behavior or circumstance that suggests the individual is impaired, injured, or otherwise at risk. 3. Hour of day or night is inappropriate for the suspect’s presence in the area. 4. Individual’s presence or activity in a neighborhood or location is inappropriate. 5. Suspect is carrying a suspicious object. 6. Suspect’s clothing bulges in a manner that suggests he or she is carrying a weapon. 7. Suspect is located in proximate time and place to an alleged crime. 8. Officer has knowledge of the suspect’s prior criminal record or involvement in criminal activity. 9. Suspect flees at the sight of a police officer under conditions that suggest a specific criminal activity.

Procedures for Initiating a Field Interview:

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Law Enforcement Policies and Procedures, 5.12 Interviews & Searches

Officers may stop and interview individuals after observing suspicious behaviors or circumstances following these general guidelines: 1. When approaching individuals, officers should clearly identify themselves as a law enforcement officer and display agency identification, unless clearly dressed in full uniform. 2. Officers observe the stopped individuals carefully for movement to retrieve weapons, conceal, or discard contraband, or any other questionable actions. 3. Before approaching a group of individuals, the observing officer should determine whether the circumstances warrant a request for backup assistance and whether contact with the observed group can and should be delayed until assistance arrives. 4. Officers confine their questions to those concerning individual identity, place of residence, and other inquiries necessary to resolve the officer’s suspicions. Officers may not detain individual(s) longer than reasonably necessary to resolve outstanding issues. 5. Officers are not required to give Constitutional rights and warnings (Miranda and/or juvenile) in order to conduct field interviews, unless there is probable cause to believe the person is considered a suspect of a specific crime, and the individual is not free to leave the presence of the officer. When the individual becomes a suspect and the officer decides that the individual may not leave, the officer reads all required warnings to the suspect(s), and provides those rights unless specifically waived by the suspect(s). 6. Stopped individuals are not required to answer any questions posed during field interviews. Failure to respond to an officer’s inquiries is not sufficient grounds for arrest, or to stop the individual(s) from leaving. Likewise, individuals are not required to stay in the presence of an officer unless they are suspects, and you advise them that they are not free to go. Such refusal may be sufficient justification for additional observation and investigation. 7. If the officer has no basis for making an arrest, the officer should record the facts of the interview, in the officer’s field notebook and the department report writing system for later reference.

Justification for Conducting Pat-Down Searches: Officer may perform a pat-down search of the outer garments of a stopped individual for weapons if and when: 1. Individual has been legitimately stopped with reasonable suspicion; & 2. Officer has reason to believe that the individual possesses weapons and poses a threat to the officer’s or another nearby person’s safety. Not every field interview poses sufficient justification for conducting a pat-down search, but any of the following factors may justify a search to include: a. Type of crime suspected, particularly in crimes of violence where the use or threat of deadly weapons is involved; b. A single officer handling more than one suspect; c. Hour of the day and the location or neighborhood where the stop takes place;

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Law Enforcement Policies and Procedures, 5.12 Interviews & Searches

d. Prior knowledge of the suspect’s use of force and/or propensity to carry deadly weapons; e. Appearance and demeanor of the suspects; f. Visual indications that suggest the suspect is carrying a firearm or other deadly weapon; & g. Age and gender of the suspect.

Whenever possible, pat-down searches should be performed by officers of the same sex as the suspect.

Procedures for Performing a Pat-Down or Rub Search: Pat-down searches should be performed with caution, restraint, and sensitivity. These searches may only be performed to protect the safety of officers and others and may never be used as a pretext for intimidating individuals or groups of individuals, to obtain evidence, or for any other purpose. Pat-down searches should be conducted in the following manner: 1. Pat-down or rub searches should be conducted by at least two officers, one who performs the search while the other provides protective cover. 2. Pat-down or rub searches are performed with: a. Suspect’s hands high on the wall or on the patrol vehicle, with extended fingers; b. Feet positioned in a wide stance, approximately three [3] feet apart, to inhibit escape; c. Back arched and in a straight line with the legs; d. The officer’s left leg wedged behind the suspect to subdue any attempted escape; e. Hold the suspect by the collar for upper body searches and then by the waistband of the pants for lower body searches, this gives the officer a tactical advantage and leverage to throw or redirect the actor’s movement if the actor tries to evade the search; & f. Officer conducts the search in quadrants of the body. Switching hands in the middle of the back, when changing from either side of the body. 3. Officers are permitted only to touch the outer clothing of the suspect. Officers may not place their hands in pockets unless they feel an object that could reasonably be a weapon, or contraband. 4. Officers may require suspects to turnout or empty their pockets. 5. 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 the suspect’s reach. 6. If the external feeling of the suspect’s clothing fails to disclose evidence of a weapon or contraband no further search may be made. If potential contraband or evidence is present, an officer may retrieve that item only. If the item is a weapon, the possession of which is a crime, the officer at their discretion, may make an arrest and complete a full-custody search of the suspect.

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Law Enforcement Policies and Procedures, 5.12 Interviews & Searches

If the officer has a hand held metal detector, this could be used first to scan the body for metal in an area not common on the clothing. Then conduct a pat search.

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Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Arrest Procedures Policy Number: 5.13

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department uses only legal justification and established procedures to initiate and affect an arrest. As a part of the arrest process, officers provide all suspects legal warning and protection as required by the United States Constitution and State law.

PROCEDURE:

Officer Responsibilities During Arrests: When making an arrest, officers: 1. Use caution, planning, and established techniques to help reduce dangers to officers, bystanders, and suspects; 2. Only arrest when there is an arrest warrant, an offense committed in your presence, reasonable belief there is an outstanding arrest warrant, or probable cause to believe a crime has been committed. With warrant arrest in which the warrant originates from another county or state, officers receive written confirmation by teletype to confirm that the warrant is still active, and confirm that jurisdiction in which the warrant was issued plans to extradite the subject of the warrant before affecting an arrest. This often requires some time to elapse; however, it prevents embarrassment for all parties while supporting the concept of justice; 3. Verbally advise the suspect that they are under arrest, so a reasonable suspect knows they are under arrest, and not free to leave; 4. Take some physical action to prevent the suspect from leaving the controlling presence of the officer; 5. Read the suspect their civil rights in compliance with the United States Constitution and State law, to include Miranda, and any other required warnings. These rights include: a. The right to remain silent, b. Understanding that anything the suspect says may be used against them in a court of law, c. The right to an attorney, &,

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d. If the suspect cannot afford an attorney, one is furnished by the arresting jurisdiction at no charge. 6. Provide a suspect their civil rights, as requested by the suspect: &, 7. Never leave an arrested suspect unsupervised anywhere or at any time. Your patrol vehicle is not a secured detention facility.

After each of these steps has been completed the suspect is under arrest. Most citizens who are arrested comply with the arrest procedure without incident. However, some arrestees become argumentative or violent in their refusal to submit to a lawful arrest.

Arrest Procedures for Non-Compliant Individuals: When suspect becomes argumentative, violent, or resistant to a lawful arrest the following guidelines are followed: 1. Only that force necessary to efficiently and safely make the arrest may be used. [See: Use of Force Policy & Use of Force Continuum]; 2. When suspects are only argumentative and passive-resistant, they are led to more neutral location [generally a police vehicle], by the officer(s) holding the individual’s arm [sleeve guide] as a method of guidance [minimum force necessary]. Verbal assault by itself is not justification to apply additional force; 3. If suspects demonstrate active-resistant behavior such as fighting, struggling, or attempting to flee, officers may use reasonable non-deadly force to complete the arrest; 4. If a suspect attempts to use a deadly weapon, officers are authorized to use deadly force to protect themselves or others from what is reasonably perceived by the officer to be an immediate threat to human life; 5. Officers exercise discretion and use caution whenever reasonably possible. In situations where physical force appears imminent, officers call for back up assistance; &, 6. When the suspect is so combative that the officer has to use restraint devices such as leg irons, the suspect is placed in the patrol car in a position that does not obstruct their breathing, such as on their side. The suspect is also checked frequently to make sure they have not moved onto their stomach or into a position that could obstruct their breathing.

Non-Warrant Arrest Procedures: Officers may make non-warrant or warrant-less arrests when: 1. A felony or misdemeanor offense has been committed in their presence or view; 2. A misdemeanor offense was committed that carries an exception for arrest by state law; 3. Officers reasonably believe a suspect has committed a felony offense; or 4. Officers have probable cause to believe a suspect has committed a criminal offense.

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Law Enforcement Policies and Procedures, 5.13 Arrest Procedures

Arrests Outside the Jurisdiction of Olmos Park PD: An officer operating outside the jurisdiction of this agency may make non-warrant arrests for felony or misdemeanor offenses when the officer: 1. Observes a felony or life-threatening offense being committed; 2. After the arrest, immediately notifies the law enforcement agency where the arrest was made. The notified agency takes custody of the suspect; & 3. Completes all reports or documents required by this agency, and the agency having primary jurisdiction.

Officer Actions Incidental to Arrest: Officers complete arrest actions by completing the following tasks: 1. Frisk the suspect for any potential weapons, evidence, or extraneous material that could potentially aid in escape; 2. Provide or request first aid or medical treatment, if needed; 3. Secure, bag, and tag any actual or potential evidence; 4. Make arrangements for the security of the suspect’s motor vehicle; 5. Transport suspect in an authorized law enforcement vehicle to the jail, investigative office or other secure facility, or when necessary, call for an ambulance to have suspect transported to the hospital; 6. As soon as practical and when it is safe to do so, inventory and secure the suspect’s personal property; & 7. Complete all required reports incidental to the arrest.

Officer Care & Responsibility: The care, custody, control, and safety of a suspect are the sole responsibility of the arresting officer. This responsibility remains in effect until the suspect is turned over to other appropriate authority. Arresting officers are required to protect suspects from other suspects, victims, fellow officers, and self-inflicted injuries. In some instances this may not be an easy task, and requires assistance from other officers.

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Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Evidence Collection, Control, & Policy Number: 5.14 Storage Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department professionally collects, safeguards, stores, readily retrieves evidence in support of criminal investigations, and records changes in custody.

DEFINITIONS:

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

 Impounding Officer - The law enforcement officer that initially receives evidence and initiates the chain of custody.

 Physical Evidence - Any substance or material found or recovered in connection with a criminal investigation.

 Evidence Custodian - The agency employee who is accountable for controlling and maintaining all evidence accepted by or stored in the evidence room.

 Evidence Room - Facilities used by this agency to store and secure evidence.

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

 Exculpatory - Evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt. It is the opposite of inculpatory

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

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

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

PROCEDURES:

Officer Responsibilities Upon Arrival of Crime Scene: When an officer arrives at an actual or suspected crime scene, the responding officer’s responsibilities include: 1. Ensuring the scene is secure and that hostile individuals still at the scene are detained or restrained, in order to reduce the threat to officers and civilians at the scene; 2. Locating and assisting any person(s) who are injured, ill, or need personal assistance or protection; 3. Summoning medical assistance, as necessary; 4. Determining the area of the potential crime scene to be secured and protected; 5. Initiating security measures to protect the crime scene from destruction or contamination of evidence; 6. Preventing unauthorized persons from entering the crime scene or the immediate area; 7. Restricting access to the crime scene to those law enforcement personnel that have an absolute need to know; 8. Not touching, moving, or picking up any article, mark, or impression that may have been made by the person(s) committing the crime; & 9. Maintaining rigid security until all evidence is collected.

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

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Support officers and other emergency personnel frequently arrive at a crime scene to see what is happening. To eliminate the potentially destructive effects of these actions, each officer at a crime scene should have a specific duty, and should be prohibited from entering critical crime scene areas without proper direction and protective apparel.

A crime scene log should be initiated at the earliest practical time. The log records the identity of every person regardless of position that enters the protected crime scene area, date and time entered, and time departing. Each person recorded on the crime scene log is informed that their name on the log may subject them to court testimony.

Collection, Identification, & Preservation of Evidence: Items of potential relevance to the case may not be disturbed until they have been photographed, measured, located on a crime scene sketch, and recorded in the officer's notebook or form.

Recovered evidence is immediately labeled to ensure later identification. No identifying marks are made directly on evidence. Proper container selection protects the specimen against damage or contamination. If an item is too large or of an unusual shape, other measures to ensure protection are taken. After the article has been marked, placed in a container, and sealed, a label or tag is affixed. The label tag includes: 1. Description of the contents; 2. A case number; 3. Evidentiary tag number (if used); 4. Where it was found; 5. Date and time of sealing; & 6. Name and identification number of officer who sealed the evidence.

All collected evidence is logged in and placed in secure storage until requested for further processing. Evidence is passed to the evidence custodian before the end of the shift. Officers may not keep evidence in their personal possession, vehicles, lockers, or desks after completion of the shift when the evidence was collected.

Exculpatory Data: The lead investigator ensures that all evidence whether favorable or unfavorable to the suspect is presented to the prosecuting attorney for review. It is the responsibility of the prosecuting attorney to divulge to the criminal defense attorney all information or data that may be exculpatory. Exculpatory data (frequently referred to as Brady material) may include: affidavits, statements, confessions, witness background and reliability information; previous officer misconduct (on and off duty); internal affairs and officer disciplinary files; electronic media (video, audio, web postings, blogs, etc.); previous testimony (court and administrative), including false testimony; etc.

The lead investigator provides the entire case file, and any related exculpatory data to the prosecuting attorney at the time the case is formally presented by this agency for prosecution. Investigators do not withhold data from prosecutors, and rely on the

Page 3 of 6 Law Enforcement Policies and Procedures, 5.14 Evidence Collection, Control, & Storage prosecutors to determine what data is presented to the defense counsel, and at time of trial.

Chain of Custody or Possession: The chain of possession or custody begins when evidence is first collected and continues until it is turned over to prosecutors. It is critical for testifying officers to account for the location and security of evidence in order to prove that it has not been altered or tampered with. Each officer is responsible for maintaining the chain of possession and protecting the integrity of the evidence. To protect the integrity of the evidence, the storage officer should: 1. Limit the number of persons who handle evidence from the time it is turned-in until it is presented in court; 2. Complete an Evidence Chain of Possession Form any time evidence is released to any person; 3. Ensure that all persons who handle evidence affix their name, identification number, and assignment to the package; 4. Verify personal identification and ensure evidence is in the same condition when returned; & 5. Ensure evidence has not been altered because of laboratory analysis, and be prepared to report any changes.

Storage of Evidence: Certain items require specific handling. These items are to be stored in the following manner: 1. Firearms - Impounding officer unloads the firearm and makes a visual inspection to ensure the gun is safe. The firearm and ammunition is stored in the same bag, or enclosed in plastic wrap in the case of long guns. Officers mark the firearm as evidence in a manner that is not observable by a casual inspection. To accomplish this, the grips or stocks may be removed and the evidentiary marks placed inside. 2. Alcoholic beverages - open containers that cannot be sealed are emptied after the liquid level has been marked on the outside and a paper towel is placed in the container to prevent mold & mildew. 3. Drugs and paraphernalia - all drugs are weighed, counted, and placed in an airtight property bag. The count, if applicable and weight (in grams) is noted in the offense report. When submitting an unknown type of substance, officers perform a presumptive test using a small as possible sample of the suspected drug and appropriate test packets. The results of the test are recorded in an offense or supplement report. Each drug type seized is placed in a separate bag. Drugs are logged in separately from all other evidence seized. Hypodermic syringes are logged into the property room as long as a needle cap is placed over the needle or stored in a sharps protective container with CAUTION- SHARPS written on the outside of the evidence bag. 4. Chemicals and or hazardous materials - explosives, flammable liquids, or chemicals from clandestine labs may not be brought into an agency building for

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any reason. Such substances are transported directly to the Olmos Park test lab, service center, or authorized storage area. 5. Bloodstained items - officers use caution when handling bloodstained items due to the possibility of disease contamination. Bloodstained items should be allowed to dry before being placed in paper sacks. Plastic bags should not be used for bloodstained items. Officers should mark CAUTION on sacks containing bloodstained items, and used rubber or plastic gloves when handling these items. As a cautionary note, officers follow established procedures regarding blood borne pathogens. 6. Currency - all currency, money, or negotiable paper is counted by the submitting officer and a supervisor. The currency is then turned over to the Police Chief to be placed in a designated safe. If the Police Chief is not available, the currency is placed in a sealed evidence bag and tagged. The submitting officer fills out the evidence tag completely, showing the amount of currency involved. The storage officer then places the currency into a secure evidence locker. 7. Perishable items - are placed in an evidence refrigerator until returned to the rightful owner or destroyed. 8. DWI, DUI, or DNA blood samples - in the event a blood sample is taken, the officer uses a blood or DNA sample kit. Medical personnel taking the sample may also provide the kit. The arresting officer prepares the sample for mailing or transport. The sample is mailed to the appropriate laboratory by registered mail or the sample may be carried by to the lab by a designated staff member or authorized courier.

Inspections of the Evidence Room: The supervisor or the evidence custodian inspects the evidence storage facilities monthly to ensure adherence to appropriate policies and procedures. Additionally, unannounced inspections of evidence storage areas are conducted at least twice each year by Second in Command.

An annual evidence inventory is conducted by a senior staff officer not routinely or directly connected with evidence control. Similar inventories are conducted whenever a new evidence custodian is assigned.

Outside Laboratory: The officer in charge of the case completes the required transmittal forms when evidence is sent to an outside laboratory. After determining which laboratory facility the evidence is to be submitted, the property room custodian mails or transports the material. The property room custodian keeps a record of all evidence transmitted to an outside laboratory and suspense the evidence item(s) for return. This record includes: 1. Name of the last officer having custody; 2. Date and time of submission or mailing and method of transmission; 3. Date and time of receipt at the laboratory; & 4. Name and signature of the person in the laboratory receiving the evidence; & 5. Written test results.

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Evidence - After Use in Court: The disposition of evidence, following release by the court, or exhausting of all appeals is as follows: 1. Personal property is returned to the owner. 2. Firearms or other weapons are returned to their lawful owner after requesting and receiving permission from the court or disposed of in accordance with appropriate court order. 3. Evidence ordered destroyed is to be destroyed and a certificate of destruction affixed to the order or placed in the case file. The certificate of destruction is witnessed by a reliable disinterested person (druggist, physician, attorney, or any law-abiding citizen) and at least one law enforcement officer. Destruction complies with Texas law. 4. Evidence of unknown ownership is disposed of in accordance with Texas law. 5. Under no circumstances is an employee or officer to convert evidence, or any other found or stored property for personal possession or use without documented permission from the court. A copy of this judicial authority is placed in the case file or attached to the incident report. 6. Evidence that remains in storage for an extended period may require an inquiry to the officer that originally took possession of the evidence to determine case status. The officer should respond to this inquiry immediately after determining the case status with the prosecuting authority.

Page 6 of 6 EVIDENCE FORM Chain of Possession

Date out: ______Time out: ______

Case No: ______Evidence No: ______

Item Description(s): ______

Out to: 1. ______6. ______2. ______7. ______3. ______8. ______4. ______9. ______5. ______10. ______

Evidence item(s): 1. ______6. ______2. ______7. ______3. ______8. ______4. ______9. ______5. ______10. ______

Reason: ______

Page 1 of 2 ______

Date returned: ______Time returned: ______

Returned by: 1. ______6. ______2. ______7. ______3. ______8. ______4. ______9. ______5. ______10. ______

Received by: ______

Notes: ______

Page 2 of 2 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Report Writing Policy Number: 5.15

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department prepares written reports in order to better manage the agency, document events, and support the criminal justice process through effective communications.

PROCEDURES:

Written reports: Agency employees are required to initiate, maintain, and safeguard written reports, in appropriate form, for the following situations: 1. Citizen Complaints 2. Citizen reports of crime 3. Follow-up investigations 4. Incidents involving arrests, citations, or summons 5. Situations where an officer is dispatched 6. Situations where an officer is assigned to take action at a later time 7. Criminal and non-criminal cases initiated by officers

In some instances, the agency uses standard forms for aiding officers and employees in preparing written communications. However, the failure to have a proper form does not relieve the officer or employee of the responsibility of producing the report. When in doubt, and no standardized form is available, a blank sheet of paper is used.

Permanent Notebook System: All officers and specialized employees of this agency carry and use a permanent notebook. Guidelines for this notebook system are: 1. Write name, badge, or identification number on the notebook for verification that the book contains your original notes. This also serves as a means of identification if the notebook is lost. 2. Keep all notes in the notebook, not on loose scraps of paper. 3. Notes taken are neat and accurate. When introduced in court, illegible notes may cause a case to be dismissed.

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4. Pages should be kept intact. These pages are kept in sequence of date and time with daily inquiry activities included. 5. Information from separate investigations or inquiries is not placed on the same page. This causes confusion. 6. Take complete notes at the time of the incident or inquiry. Too much information is preferred to insufficient information.

Report Preparation: Reports prepared by employees and officers of this agency: 1. Contain correct information based on accurate, observations, notes, and recordings; 2. Are brief and explicit, including relevant information regarding the elements of the crime; 3. Clearly communicate ideas; 4. Answer the following questions: a. Who was involved? All persons involved are identified by their role, as suspects, victims, witnesses, etc. Obtain first, middle, last names, possible aliases, home and work address, telephone numbers, dates of birth, other identifiers and race. b. What happened? Exactly what type of offense was committed, what means of transportation, tools, or equipment was apparently used. What was the actor’s modus operandi? Did the actor use direct attack, or were his tactics more indirect or crafty. c. When did it occur? Record the crime discovery time and the time the crime is likely to have occurred. Use terms such as recent, and look for other clues to time of death. Conversely, if rigor mortis has set in, and blood is dry, it has been at least hours. Also, indicate the time witnesses and victims are contacted, and arrests made. d. Where did it happen? Location is to be as exact as possible. If unable to obtain an address, record the nearest intersection or permanent landmark. Describe the area as business, residential, open country, apartment complex, etc. Look for evidence that the crime could have started somewhere else, and ended up at the reported location. e. Why did this incident occur? Was the apparent motive or purpose of the crime revenge, monetary or personal gain, thrill, drug-related, accidental, etc.? f. How did it happen? Based on reasonable observations at the scene, and information provided by witnesses, explain how entry was made, how property was obtained, or how the suspect chose and approached the victim. 5. Avoid inappropriate language, such as slang or jargon, unless quoting a suspect, witness or victim;

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6. Never use radio codes, numerical designations or other terms particular to law enforcement in report narratives; 7. Print or write legibly, except for officer’s signature; 8. Be objective and unbiased, recording information whether positive or negative; 9. Contain correct grammar and spelling; 10. Place events in chronological order; & 11. Keep a copy of the report for future reference.

Report Style: Good reports, even technical reports should contain facts, but should be easy to read and understand. Remember, the reports you write today are seen by your peers and a jury tomorrow, and you are judged by the way you write, what you say, and the way it is stated. 1. Write the way you talk in a normal conversation. Add details, the way you speak. Avoid writing Unit 16 approached the door and spoke to Suspect #2. Instead, use, “I walked to the door and spoke with Mr. Doe.” 2. Write in the first person singular. Use . . . I or me, not Officer Johnson. 3. Write in the past tense, if it happened in the past not . . . approaching the car I see the gun in the back seat. Instead, “I walked along the driver’s side of the car and saw the gun in the back seat.” 4. Carry and use a dictionary and a thesaurus. Using the right word to describe your meaning is important. 5. Use everyday words and avoid unfamiliar wording. 6. Avoid using police jargon. 7. Be very careful about using the word suspect. Are they really suspects or simply individuals? Suspects are suspected of something and read their Constitutional Warnings. Get their names and use them in the report. 8. Lastly, read over your report when you are finished. Ask yourself, would a regular citizen clearly understand this report. If the answer is no, a jury may not understand it either. Redo it!

Offense Reports: Offense reports are designed to: 1. Provide a means whereby officers can conduct and record a preliminary investigation of a criminal offense; 2. Provide complete and accurate information for follow-up investigation and prosecution; 3. Provide patrol officers and investigators with certain decision-making points that enable them to identify follow-up investigative needs; 4. Improve control of the report flow process within the agency thereby improving report access and statistical recording; & 5. Aid other officers in the collection of crime data, patterns, suspect information, and determine modus operandi, etc.

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Offense reports are completed for all criminal acts and suspected acts. These reports clearly and concisely report elements of the crime by answering critical who, what, when, where, how, and why questions. It is the responsibility of the first officer arriving on the scene to complete the first handwritten copy.

Offense reports are timely written, either during or shortly after the shift on which the incident was reported. Preferably as soon after the incident has occurred and before another incident occurs that may require another report. The information is fresh on the officer’s mind. Officers turn in the report to their supervisor for evaluation, approval, and further action by the agency. Once approved, the supervisor passes the report to distribution, and notifies the dispatcher for entry or clearance with NCIC and state reporting systems.

Arrest Reports: Arrest reports accurately records the circumstances surrounding the taking of physical custody of a suspect or escapee. The arresting officer completes the report and includes sex, race, and date of birth, other identifiers, age, home address, specific charge, and probable cause for the arrest. Supervisors review the arrest report for clarity, completeness, and accuracy, and once satisfied, forward the report for action. If a final disposition is reported, the supervisor updates the indexed arrest record. Arrest files are alphabetically filed in the agency arrest index.

Supplementary Reports: Supplementary reports are used when additional information is discovered through an investigation. The officer who discovers this new data is responsible for the supplementary report. The updated portion is attached to the related report with a supplement number and date. Every officer arriving at or entering onto a major crime scene complete a supplemental report detailing the reason for their response, and the actions taken once arriving at the crime scene. These supplemental reports contain the same level of detail as contained in the original offense report, but as observed by the officer completing each supplemental report.

Case Files: Case files are primarily designed to assist investigators by collecting all documents relating to a criminal or intelligence case into one location. Case files often consist of the following items: 1. Contents sheet 10. Autopsy reports 2. Original offense reports 11. Crime scene photos 3. Investigator’s field notes 12. Suspect photographs & data 4. Complaint reports 13. Latent Prints 5. Supplementary reports 14. Criminal profiles 6. Arrest reports 15. Statements 7. Accident reports 16. Record checks & NCIC inquiries 8. Property receipts 17. State reports 9. Vehicle tow slips

Page 4 of 5 File Maintenance: This agency maintains a comprehensive report filing system. This system includes: 1. Reports are filed and indexed as data is received and approved by supervisors. 2. Case files remain opened, until the case is solved by arrest and accepted by the prosecutor for prosecution; or, the statute of limitations has expired. 3. Some cases may not have enough information for further investigation. These cases may be placed in an inactive file or cold case file and may be reactivated later. 4. When a case is closed, all unneeded copies are destroyed. 5. Master index card is prepared listing each report and filed. When a file is updated, such information is entered into the case file and on the offense index card.

Radio Dispatch Logs: Radio dispatch log entries are recorded on all alleged or reported crime, and in some cases, are the only record of law enforcement action taken. The requirements for a radio dispatch log entry include, at a minimum, the: 1. Date and time of the initial report of the incident; 2. Name, address, and telephone number of the officer, citizen, victim or complainant requesting service; 3. Supplemental reports or additional calls for service; 4. Any reported injuries or deaths; 5. Nature of the incident; & 6. Date, time, and type of action taken by the officer.

Confidentiality of Records: Law enforcement records contain critical and potentially life threatening information. Such mundane information as complainant’s address, location and phone number; trial and appearance dates; potential witness lists; and status of a case if released into the wrong hands can cost an officer or resident their life.

Police reports and files are reported, collected, and disseminated on a need-to-know basis. Just because an officer or employee works for this department does not mean that, he or she needs or should know vital information about an open case or a case pending for trial. As a result: 1. Case information may not be discussed or released outside of those officers and employees having a strict need-to-know. 2. An officer or employee may not release to non-law enforcement personnel or officers from another enforcement agency case information until after verification of a need-to-know is established.

Page 5 of 5 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Sex Offender Registration Policy Number: 5.16 Program Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

In order to protect the safety of the community we serve, Olmos Park Police Department registers sex offenders in accordance with state law.

DEFINITIONS:

 Sex Offender - A person who has been convicted, whether upon a verdict or plea of guilty or upon a plea of nolo contendere; received a suspended sentence or any probationary term; or, is currently serving a sentence or any form of probation or parole for any crime that falls within the state requirement to be classified as a registered sex offender.

 Habitual Sex Offender – A person who has a second conviction or suspended sentence or probationary term for any of the crimes subject to sex offender registration, or as otherwise defined by state law.

 Aggravated Sex Offenders – A person offender who was convicted or receives a suspended sentence or any probationary term for crimes as defined under the state designation for this class of offender.

PROCEDURES:

Registration Requirements: Offenders subject to registration as a sex offender under the laws of this state are required to register with this agency upon entering our jurisdiction if they intend to reside or stay in this jurisdiction for seven (7) consecutive days or longer or as defined by state law. The registration must occur within the time limit prescribed by law.

Page 1 of 4 Law Enforcement Policies and Procedures, 5.16 Sex Offender Registration Program

Registration: Sex Offenders, who appear at this agency for registration purposes are processed during normal business hours, the same day they present themselves for registration.

It is the employee’s responsibility to assist the offender in completing registration requirements as outlined below, in a courteous and efficient manner. When registering a Sex Offender the employee conducting the registration: 1. Obtains two fingerprint cards; 2. Obtains photographs, including: a. Facial; b. Scars; c. Marks; or d. Tattoos. 3. Obtains a complete criminal history; 4. Completes the Sex Offender Registration Form; 5. Explains the Notice of Duty to Register to the Sex Offender; a. Offender signs acknowledging receipt. b. Employee signs as a witness. 6. Verify that the Offender’s address is in an authorized area; a. If the address is in an unauthorized area, the employee provides the Offender with a map showing the residency restriction zones, & b. Advises Offender they must relocate to an approved area. 7. Sends the required documents to the authorized state agency via email, fax, and/or other approved method. 8. Employee completes entries and ensures documents and information is placed in the appropriate database, registration system, notification systems, or files.

Agency Master Sex Offender Registration File: Our agency works to maintain a master sex offender registry or database on registered sex offenders within our jurisdiction. It is recognized that this registry is subject to the reporting and cooperation of the offender, and therefore subject to flaws. This file contains, at a minimum: 1. Name and physical address of the offender; 2. Photographs & physical description, such as: a. Age; b. Weight; c. Height; d. Hair color; & e. Eye color. 3. Description of vehicle known to drive; 4. Offender level, i.e., aggravated, habitual, etc.; 5. Conditions or restrictions of supervision or release; 6. Description of primary or secondary targets; 7. Description of the method of offense;

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8. Name and telephone number of the probation or parole employee, if applicable; & 9. Other data required by state law.

Release of Information: The sex offender registry maintained by this department is made available to the public upon reasonable request.

Upon registration of any person designated as a habitual or aggravated sex offender the department notifies or makes data available [in accordance with state law, and by any method of communication deemed appropriate], to anyone the department determines appropriate, including, but not limited to: 1. Family of the habitual or aggravated offender; 2. Prior victims, if known; 3. Residential neighbors, churches, community parks, schools, convenience stores; 4. Businesses or places children or potential victims may frequent; 5. Any person upon request; 6. Notification may include: a. Name and physical address of the aggravated or habitual offender; b. Physical description: i. Age, ii. Weight, iii. Height, iv. Hair color, & v. Eye color. c. Description of vehicle known to drive; d. Conditions or restrictions of supervision or release; e. Description of primary or secondary targets; f. Description of the method of offense; g. Current photograph; & h. Name and telephone number of the probation or parole employee, if applicable.

When allowed by law, the agency may charge a service fee for this data, including for search time, copies, transmission of electronic data, etc.

Address Verification: Address verification forms are mailed to sex offenders by the designated agency. 1. Verification may be annually, semi-annually or more frequently, depending on the level of the offender; 2. Offender is required present the mailed verification form to the Olmos Park Police Department within the required time-frame; 3. Designated employee a. Completes the verification form, and returns it to the designated agency; b. Places a copy of the form is place in the offender’s file &

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c. Updates the offender registry.

Additional Actions: Olmos Park Police Department employees may be assigned compliance enforcement or verification that includes, but is not limited to: 1. Accompanying probation or parole personnel during their compliance audits; 2. Conducting independent or random compliance audits, that may include but are not limited to: a. Home visits; b. Employment visits; c. Family follow-up; d. Vehicle information; e. Restricted areas; f. Travel; & g. Activities.

Page 4 of 4 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Death or Serious Injury Policy Number: 5.17 Notification Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department officers follow established procedure to notify relatives, and responsible adults in cases of death or serious injuries to members of the public or officers.

PROCEDURES:

Preparation – Notification: The following guidelines apply when next of kin or responsible adult notifications are to be made: 1. Verify and confirm the identity of the deceased and their next of kin. 2. All notifications are made in person, with the exception of serious injuries where delay might prevent the family from arriving at the hospital before the injured person’s death. 3. Try to separate small children to another room. Inform the responsible adult and then assist with the notification to the children. 4. Officers provide immediate assistance to survivors without regard to time spent at the notification site. 5. Prior to contacting those to be notified, the assigned officers gather and become familiar with information concerning the deceased or seriously injured person, to include: a. Details of the event; but not the graphic details of the victims injuries. b. Name, age, identification details, and home address of the victim; c. Location of the body, if deceased; & d. Pertinent information regarding who and where contacts can be located. 6. The order of priority for notifying the family is: spouse, followed by parents, brothers or sisters, and then any children. Other relatives or responsible adults are notified if immediate family members are unavailable. 7. The party’s pastor, priest, or spiritual advisor is notified if readily available and attempt to have them present at the time of notification. If the agency’s chaplain is available, they may also be of assistance at notification. 8. When another law enforcement agency is to make the notification, request:

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a. Notification be made in person; & b. Verification when notification has been completed. 9. Officers should gather information regarding relatives to aid in communication in case relatives to be notified are: a. Elderly; b. Disabled or have medical problems; c. Visually or hearing impaired; or d. Not fluent in English. 10. Officers may not use the name of the deceased or seriously injured person over the radio or release the name to news media. The agency designates a Public Information Officer for that purpose or a senior officer releases the news, but not until assured that relatives have been notified. 11. A male and female officer should be assigned to a death or serious injury notification if possible. 12. Personal effects of the deceased may not be delivered to survivors at the time of death notification.

Making Notification: Once preparation for notification has been completed, the notification officers maintain the following guidelines regarding the actual notification: 1. Upon arrival at the residence or place of business, the notification officers: a. Check accuracy of the chosen notification site; b. Request to speak to the next of kin; c. Identify themselves by name and agency; d. Verify the relationship to the deceased or seriously injured person; & e. Ask permission to enter the residence or location, and move to a place of privacy. 2. Reasonable effort is made to make the death or serious injury notification in the privacy of the home or location away from public view and hearing. 3. Prior to making notification, officers should bring family members together if possible. 4. There are no easy ways to deliver this message. Be empathetic and sympathetic but be direct. Don’t try to smooth what can’t be. 5. Address relatives in a straight-forward manner and: a. Avoid graphic aspects of the incident; b. Avoid the use of law enforcement jargon; & c. Refer to the deceased by first name. 6. Be prepared for unexpected responses from survivors to include hysteria and possible verbal or physical attack. 7. Provide survivors with sufficient time to regain composure before proceeding. 8. Avoid using such phrases as I know how you feel or I know how hard this is for you. 9. Provide survivors with pertinent information including: a. Disposition of the body; b. Location of personal effects;

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c. Identification requirements/procedures; & d. Notification officers’ names, address for Olmos Park Police Department and contact phone numbers.

Providing Assistance and Referral: Notification officers may not leave upon completion of the notification until the following has been achieved: 1. Next of kin has received adequate support. The notification officers consider: a. Emotional reaction and the physical condition of the next of kin; b. Availability of other adults in the home; c. Whether infants or small children are receiving proper attention; d. Condition of the home environment (i.e.- evidence of excessive alcohol use or drug use, lack of means of financial support, shortage of food, problem with shelter, etc.); & e. The availability of a support system (for example: friends, family, close neighbors, access to clergy, means of transportation). 2. For those in need of shelter, transportation, food, or other support, provide numbers for local assistance agencies. 3. If requested, officers may provide confirmed additional information regarding the incident, if known at the time. 4. Remain alert to the possible need for medical assistance. When officers are aware of serious medical conditions in advance of notification, they should place a local medical response unit on alert. 5. Before leaving, the notification officers should be reasonably assured that survivors can take care of themselves and those they are responsible for. 6. Reasonable efforts are made for lone survivors to obtain support from family, friends, co-workers, neighbors, family clergy, or counselors. 7. Conduct a follow-up contact within 24 hours with any survivor when there is a concern for the survivor’s well being.

Page 3 of 3 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Officer Involved Deadly Force Policy Number: 5.18 Event Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department vicariously investigates officer-involved use of force incidents, while at the same time taking immediate action to safeguard the physical and mental health of personnel that may have been involved.

DEFINITIONS:

 Garrity Rule - A protection utilized by some law enforcement employees. Simply, Garrity is an invocation that may be made by an employee being questioned regarding actions that may result in criminal prosecution. It goes by several different names including the Garrity Right, Garrity Law, Garrity Rule, Garrity Advisement and Garrity Warning.

 In-Car Camera System and Mobile Video Recorder (MVR) – These are synonymous terms and refer to any system that captures video signals capable of installation in a vehicle.

 Officer-Involved Deadly Force Incident - A line-of-duty incident where an employee’s use of force causes death or serious bodily injury to any person or him/herself.

 Post-Traumatic Stress Disorder - An anxiety disorder that can result from exposure to short-term severe stress or the long-term buildup of repetitive and prolonged milder stress.

Page 1 of 6 Law Enforcement Policies and Procedures, 5.18 Officer Involved Deadly Force Event

 Secondary Perimeter – Refers to a secure area set aside from the general public. Access is limited to those officials not directly investigating the incident.

PROCEDURES – INVOLVED OFFICER CARE:

Law enforcement duties can often expose officers and support personnel to mentally painful and highly stressful situations that cannot be resolved through normal stress coping techniques. Unless adequately treated, these situations can cause disabling emotional, mental, and occasional physical problems.

Handling of Officers at Scene of Shooting Incident: The supervisor on the scene of the incident: 1. Request necessary medical assistance. 2. Move the officer(s) involved to a quiet location where a peer counselor may be available. 3. Prohibit use of caffeine, other stimulants, or depressants by the officer(s) involved, unless directed by medical personnel. 4. Interview the officer(s) involved regarding facts of the incident, although a more detailed debriefing is conducted at a later time. 5. Notify the officer(s) involved that an administrative investigation is underway concerning the incident, and that they may seek legal counsel. 6. Instruct the officer(s) involved to . . . refrain from discussing the incident with anyone, except a personal or agency attorney, union representative, or agency investigator, until the preliminary investigation is concluded. Advise the officer(s) that . . . only certain discussion, such as with their attorney, are subject to claims of privilege and that discussions may result in a waiver of certain legal protections. 7. Determine whether the circumstances of the incident require the officer’s duty weapon(s) be taken for laboratory analysis. When the duty weapon is taken, the supervisor: a. Discretely takes custody of the officer’s weapon, & b. Replace the officer’s weapon with another weapon, or advise the officer that returned or replacement is scheduled for a later time. 8. Allow the involved officer(s) to notify their families about the incident as soon as practical. When the officer(s) is unable to do so, an agency official personally notifies the family, and arrange for their transportation to the hospital if needed.

Post-Incident Procedures: Officers directly involved in the shooting incident are encouraged to contact an agency- designated specialist for counseling and evaluation as soon as practical after the incident. Involved support personnel are also encouraged to contact the specialists after shooting incidents. After the counseling sessions, the specialist advises the agency: 1. Whether it is in the officers’ best interest to be placed on administrative leave or light duty, and for how long;

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2. When the officer’s duty weapon should be returned; & 3. The best-continued course of action going forward.

Olmos Park Police Department takes action to: 1. Remove involved officers from their duties, pending evaluation, while maintaining their availability for any necessary administrative investigations; 2. Encourage the families of the involved officers to take advantage of available counseling services; 3. Investigate the incident as soon as practical; 4. Brief other agency members concerning the incident to minimize rumors. Agency members are encouraged to show the involved officers their concern; 5. Respond to media inquiries, and release information regarding the incident as described in the Media Relations procedures; 6. Require each officer directly involved in the incident to re-qualify with their duty weapon prior to re-assignment to duty; & 7. Re-evaluate the officer’s demeanor and mental stability on a casual basis at least once a year or as deemed necessary.

Involved Officers should: 1. Have personal, cell and other telephones answered by someone else for several days, if their names are released to the public; & 2. Not respond in news media attempts to talk to the officer at his residence or other job site. 3. Not discuss the matter with officers or investigators from other agencies unless authorized to do so by Police Chief.

Daily Stress Recognition: Post-traumatic stress disorders may not arise immediately, and officers may attempt to hide problems. Supervisors are responsible for: 1. Monitoring the behavior of unit members for symptoms of the disorder; and 2. Ordering officers to seek assistance or counseling from a mental health specialist upon a reasonable belief that stress may be disrupting job performance. 3. Other officers who work with an officer who has been involved in an on duty shooting should be aware of any changes in behavior. This behavior change should be relayed to that officer’s supervisor. Changes may be small and over a long period of time.

Counseling & Training Support: Supervisors are responsible for making information about the agency’s peer counseling group and mental health services available to officers.

PROCEDURES – INVESTIGATIVE:

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After involved officers and any other persons have been provided medical care, and removed from the incident location, the Police Chief: 1. Determines if the investigation is to be conducted independently or collaboratively with the requesting agency. 2. Identifies the incident location(s). 3. Defines the members of the agency’s investigative team.

Overall Objectives of the Investigative Team: The investigative team once designated: 1. Determine the number and location of all officers involved or are potential witnesses. 2. Determine the number and status of suspects (identity, in custody/fugitive, etc.) 3. Request witnesses be taken to the incident command center or office and separated. 4. Sets up perimeter, and processes the incident location. 5. Investigates the incident 6. Periodically report to the Police Chief verbally on progress. 7. Complete a confidential written report to the Police Chief.

Lead Investigator Responsibilities: A post use of deadly force investigation may be conduct by agency investigators, or other officers assigned by the Police Chief. The Lead Investigator is responsible for the investigation, case management and investigative report associated with the investigation. As part of these responsibilities, the lead investigator:

Information & Evidence Collection - 1. Ensure that primary and secondary incident scenes are protected by a perimeter. 2. The scene is videotaped, photographed, and diagramed. 3. Obtain and secure recording media from the in car camera system and/or mobile video recorder (MVR) if present. 4. Obtain all dispatch logs and radio communications recording associated with the incident. 5. Obtain all prior incident or investigative reports, dispatch logs, or recording relating to the person(s) that was injured. 6. Determine if officer’s clothing should be secured. 7. Examine the weapons of officers present at the time of the incident and secure the weapons used for forensic testing.

Involved Officers – Insure the involved Officers: 1. Have an opportunity to contact family members. 2. Have an opportunity to contact an attorney if desired.

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3. Are not involved in the investigation of the incident beyond initial emergency response and security of the scene. 4. Are cautioned not to make any statements or talk to anyone about the incident until they are interviewed by the agency investigative team.

Officer Interviews - Officer interviews are not to be conducted immediately after a use of deadly force incident. Rather, the officer should be removed from the scene, and allowed to decompress. Usually the officer is taken to their residence, and allowed to report the next morning for interview. In addition, the case agent ensures the following activities are completed in support of officer interviews: 1. Prior to any questions posed by investigators the officer is read his Garrity Rights. For Information on Garrity Rights, see the attached Garrity Rights Form. 2. Prior to the interview the officer should have the benefit of reviewing any dispatch recordings, use of force or other related policies in effect at the time that he or she was trained on, and in-car or on person videos leading up to and during the incident. 3. Questions posed to involved officer(s) or department witnesses should include what is heard and seen on the video and audio recordings and the concerned policies and procedures. 4. At key points in reviewing any recording, or statement the officer should be asked . . . what was your perception at this point? For better understanding of the importance of this type of question see policy Use of Force & Deadly Force. 5. Officer interviews are video and/or audio recorded when practical. 6. The number of investigators participating in the interviews is limited to no more than two interviewers. 7. When practical request the officer complete a diagram. 8. Request the officer conduct a walk through at the scene. 9. If there is a reasonable suspicion that the officer was under the influence of a mine altering chemical request the officer provide a blood or urine sample.

Suspect & Interviews - 1. Suspect interviews are video and/or audio recorded. 2. Suspects should be read and agree to their constitutional warning rights. See policy Civil Rights & Constitutional Warnings for guidance. 3. Record the Waiver of Rights if appropriate. 4. Request the suspect complete a diagram/drawing.

Autopsy - 1. Ensure the County Medical Examiner has been notified if the event results in a death. 2. The Lead Investigator should attend the autopsy. 3. If the shooting results in a death, ensure a death notification is conducted by agency officials as soon as practical.

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County or City Attorney - 1. Ensure the City and/or County Attorney’s Office is notified, depending on local protocols. 2. Recommend a representative from the Attorney’s Office attends briefings and conducts a walk-through of the crime scene.

Media Considerations - 1. Review all information contained in press releases prior to dissemination. 2. Ensure the officer(s) involved in the incident are aware their name(s) may be released to the public. 3. Make no statements or release any recording, or data, to the media or no prior person. Redirect all media inquiries in accordance with the policy Media Relations policy.

Page 6 of 6 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Blood Borne Pathogens & Other Policy Number: 5.19 Infectious Diseases Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department minimizes the risk of exposure to blood borne pathogens and other infectious diseases through the establishment and maintenance of recognized protocols and safety procedures.

DEFINITIONS:

 Bodily Fluids - Blood, semen and vaginal fluids or other secretions that might contain these fluids such as saliva, vomit, urine, or feces.

 Universal Precautions - Procedures promulgated by the Centers for Disease Control (CDC) that emphasize precautions based on the assumption that all blood and bodily fluids are potentially infectious.

 Tuberculosis [TB] - A common and deadly infectious disease that is caused by mycobacteria, primarily mycobacterium tuberculosis. Tuberculosis most commonly affects the lungs (as pulmonary TB) but can also affect the central nervous system, the lymphatic system, the circulatory system, the genitourinary system, bones, joints, and even the skin. Other mycobacteria such as Mycobacterium bovis, Mycobacterium africanum, Mycobacterium canetti, and Mycobacterium microti can also cause tuberculosis, but these species do not usually infect healthy adults. Over one-third of the world's population now has

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the TB bacterium in their bodies and new infections are occurring at a rate of one per second.

PROCEDURES:

The transfer of disease by exchange of bodily fluids is a serious occupational health risk to peace officers and other emergency personnel. Officers and employees of this agency follow recognized protocols and safety procedures in order to minimize this risk. When in doubt, officers and employees of the agency seek professional assistance before knowingly exposing themselves to a known serious risk of infection.

AIDS, HIV, hepatitis B (HBV), hepatitis C (HCV), and other serious diseases can be contracted through exposure to infected blood and several types of bodily secretions. Employees of this agency are continuously provided with information and education on prevention of these diseases, provided up-to-date safety equipment and procedures that minimize their risks of exposure and to institute post-exposure reporting evaluation and treatment for all members exposed to these diseases.

Tuberculosis (TB) is again becoming more prevalent in our society and the newer strains are more drug resistant making them more difficult to treat. TB is spread through the air from one person to another. The bacteria are put into the air when a person with active TB disease of the lungs or throat coughs or sneezes. People nearby may breathe in these bacteria and become infected. Practicing good hygiene, Universal Precautions, use of PPE, and use of masks greatly reduces the chance of contracting TB.

Disease Prevention and Control Guidelines: 1. This agency subscribes 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 Safety and Health Administration. Where otherwise not detailed in this policy, officers are guided by those practices and procedures. 2. Officers should assume that all persons are potential carriers of HIV or HBV. 3. No officer may refuse to arrest or otherwise physically handle any person who may carry the HIV or HBV virus when appropriate protective equipment is available. 4. Officers use protective gear under appropriate circumstances unless its use would prevent the effective delivery of health care or public safety services or impose an increased hazard to the officer’s safety or the safety of others. 5. Leather gloves or their protective equivalent are worn when searching persons or places or when working in environments such as accident scenes where sharp objects and bodily fluids may be expected. 6. Searches of automobiles or other places should be conducted using a flashlight, mirror, or other devices where appropriate. After a cautious frisk of outer

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garments, suspects should empty their pockets or purses and remove all sharp objects. 7. Needles are not recapped, bent, broken, removed from a disposable syringe, or otherwise manipulated by hand. 8. Needles are placed in, puncture-resistant, leak proof containers provided by the agency that are designated for bio hazardous materials when collected as evidence, disposal or transportation purposes. 9. Officers do not smoke, eat, drink, or apply makeup while on active crime or accident scenes where bodily fluid spill could be expected. 10. Any evidence contaminated with bodily fluids are completely dried, double bagged, and marked to identify potential or known communicable disease contamination. 11. Officers do not pick their noses, rub their eyes, or place their fingers in their mouth or ears, until after they’ve washed their hands.

Custody and Transportation of Prisoners: 1. When appropriate protective equipment is available, no officer may refuse to interview, assist, arrest, or otherwise physically handle any person who may have a communicable disease. Should an officer be involved in an incident where proper safety materials are not available; the officer immediately contacts the Shift Supervisor and request assistance. 2. Officers do not put their fingers in or near the mouth of any conscious person. Officers utilizing protective gloves can, in life threatening situations, insert their finger into the mouth of an unconscious person to attempt to clear a blocked airway. This action should be performed in accordance with prescribed foreign body airway obstruction procedures. 3. When possible, persons with body fluids on their body or clothing are transported in separate vehicles from other individuals. The individual may be required to wear a suitable protective covering if he is bleeding or otherwise emitting bodily fluids. 4. During a transfer of custody, officers discreetly notify support personnel that the suspect/victim has body fluids on the person or that the suspect/victim has said that he or she has a communicable disease. Care is taken to insure that the information is given only to those who have a need to know. 5. When possible, suspects taken into custody with body fluids on their body or clothing, and not in need of medical attention, are isolated from other persons in a designated holding area posted with an "Isolation Area-Do Not Enter" sign until clean up has been completed and a change of clothes has been provided. 6. Officers 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.

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Housekeeping: 1. Supervisors and their employees are responsible for the maintenance of a clean and sanitary workplace and conduct periodic inspections to ensure that these conditions are maintained. 2. Supervisory personnel 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 are cleaned and decontaminated after contact with blood and other potentially infectious materials. 4. Protective coverings used in laboratory, evidence custody, or enforcement operations for covering surfaces or equipment are 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 are labeled as BIOHAZARD. These receptacles are decontaminated as soon as feasible following contamination and then inspected and decontaminated on a regularly scheduled basis. 6. Broken and potentially contaminated glassware, needles, or other sharp instruments are not retrieved by hand but by other mechanical means and may not be stored in a manner that requires that they be retrieved manually. 7. Officers remove clothing that has been contaminated with bodily fluids as soon as practical and with as little handling as possible. Any contacted skin area is cleansed in the prescribed fashion. 8. Contaminated laundry and personal protective equipment is bagged or containerized at the location where it is used in agency approved leak proof containers. 9. Personnel working in or supporting a criminalistics laboratory adhere to agency policy and procedure as well as the laboratory’s policy and procedures. 10. Only employees specifically designated by the Police Chief may discard actual or potentially contaminated waste materials. Disposals conform to established federal, state, and local regulations.

Disinfection of Skin Surfaces: 1. Any unprotected skin surfaces that come into contact with bodily fluids are thoroughly washed as soon as possible with hot running water and soap for at least one [1] minute then rinsed with an antiseptic solution before drying. 2. Alcohol or antiseptic towelettes or anti-bacterial gel may be used when soap and water are unavailable. 3. Disposable gloves should be removed inside out, with the contaminated side not exposed, and then the hands and forearms washed. 4. Skin surfaces are washed, showering if necessary, and mucous membranes flushed as soon as feasible following the removal of any clothing. 5. Hand lotion should be applied after disinfection to prevent chapping and to seal cracks and cuts on the skin.

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6. All open cuts and abrasions are covered with waterproof bandages before reporting to duty. 7. Other items such as handcuffs, etc., should be disinfected with a bleach solution (1 part bleach to 9 parts water), rubbing alcohol, or commercial disinfectant. 8. Contaminated shoes and boots, including soles, should also be disinfected with an approved disinfectant. Extreme care should be taken to assure that contaminated footwear is not worn home or taken into a work area.

Disinfection of Vehicle Surfaces: 1. Vehicle surface areas are disinfected whenever bodily fluids are spilled or after individuals with bodily fluid contamination are transported in an agency vehicle. 2. A supervisor is notified and the vehicle taken to the service center as soon as possible. 3. Affected vehicles are immediately designated with the posting of an Infectious Disease Contamination sign upon arrival at the service center and while awaiting disinfection. 4. Service personnel remove any excess bodily fluids from the vehicle with absorbent cloths, paying special attention to any cracks, crevices, or seams that may be holding fluids. 5. The affected areas should be disinfected using hot water and detergent or alcohol and allowed to air dry. 6. Vehicles taken to a service center for scheduled washing and routine maintenance, as part of that routine, are cleaned in the interior with an approved disinfectant. 7. Non-disposable equipment and areas upon which bodily fluids have been spilled are disinfected as follows: a. Excess bodily fluids should be wiped up with approved disposable absorbent materials. b. A freshly prepared solution of one part chlorine bleach to 10 parts water or a fungicidal/ micro bactericidal disinfectant is used to clean the area or equipment.

Supplies: The agency is responsible for purchasing, storing, and issuing communicable disease prevention supplies to all personnel within the law enforcement agency. Officers are responsible for notifying the Shift Supervisor for the replacement of any item. All agency and emergency service vehicles are continuously stocked with: 1. Disposable coveralls, aprons, and shoe covering in appropriate sizes; 2. Disposable latex gloves and leather gloves; 3. Puncture resistant containers and sealable plastic bags; 4. Barrier resuscitation equipment, protective eye goggles, and surgical face masks; 5. Disposable towelettes (70% isopropyl alcohol); 6. Waterproof bandages; 7. Absorbent cleaning materials; 8. Do Not Use - Possible Infectious Disease Contamination signs;

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9. Biohazard disposal bags; 10. Portable metal mirrors; & 11. Non-porous tongs.

Vaccination, Exposure, Evaluation and Treatment: 1. All members of this agency who may be at risk for occupational exposure to the hepatitis B virus are 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 is provided unless the officer has previously received the vaccination or medical reasons contradict the procedure. 2. Any person who has unprotected physical contact with blood or other bodily fluids of another person while in the line of duty is considered to have been potentially exposed to HBV and/or HIV. 3. In cases of exposure, a supervisor is contacted who completes appropriate on duty injury and medical forms and take appropriate steps to document the means and circumstances under which the exposure occurred. 4. Immediately after exposure, the officer proceeds to the designated health care facility for tests of evidence of infection and treatment of any injuries. 5. This agency ensures continued testing of the member for evidence of infection and provides psychological counseling as determined necessary by the health care official. 6. The members 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. 7. Unless disclosure to an appropriate agency official is authorized by the officer or by state law, the officer's medical evaluation, test results, and any follow-up procedures remain confidential. 8. Any person responsible for potentially exposing a member of this agency to a communicable disease is encouraged to undergo testing to determine if the person has a communicable disease. 9. The person is provided with a copy of the test results and a copy is provided to the exposed agency officer. The officer is informed of applicable state laws and regulations concerning the disclosure of the identity and infectious status of the source individual. 10. Criminal charges may be sought against any person who intentionally exposes a member of this agency to a communicable disease. 11. Officers who test positive for HIV or HBV may continue working as long as they maintain acceptable performance and do not pose a safety and health threat to themselves, the public or other members of this agency. 12. This agency makes all decisions concerning the employee's work status solely on the medical opinions and advice of the agency's health care officials. 13. The agency may require an employee to be examined by the agency health care officials to determine if he is able to perform his duties without hazard to himself or others. 14. All members of this agency treat employees who have contracted a

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communicable disease fairly, courteously and with dignity.

Legal Rights of Victims of Infectious Disease: 1. When an officer mentions in a report that an individual has or may have a communicable disease, he writes Classified - Contains Protected Medical Information Under HIPAA across the top margin of the first page of the report. The Shift Supervisor ensures that the above statement is on all reports by signing his signature upon review. 2. The Supervisor making press releases makes certain the medical information is not given to the news media. Under the Texas and Federal Health Insurance Portability and Accountability Act (HIPAA), medical records are exempt from disclosure. 3. All requests, including subpoenas, for copies of reports marked "Classified - Contains Protected Medical Information under HIPAA" is referred to the Olmos Park attorney for authorization to release the document. Prior approval is obtained from the Olmos Park attorney before advising a victim of sexual assault that the suspect has, or is suspected of having, a communicable disease. 4. All circumstances, not covered in this policy that may arise concerning releasing confidential or medical information regarding a victim, or suspected victim, or a communicable disease are referred directly to the Police Chief. 5. Any employee who divulges confidential or medical information concerning a victim, or suspected victim, of a communicable disease is subject to punishment as authorized by state and federal law.

Record Keeping: 1. This agency's personnel function maintains 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 are retained in a secured area with limited access for the duration of the member's employment plus an established number of years thereafter and may not be disclosed or reported without the express written consent of the member or has required by law.

Training: 1. The training coordinator ensures that all members of this agency with occupational exposure are provided with a complete course of instruction on prevention of blood borne diseases prior to their initial assignment.

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2. Affected employees 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. Trainees have access to applicable federal and state regulations pertaining to the regulation of blood borne pathogens. 4. The training coordinator completes records on member training to include dates and content of training sessions, names and qualifications of persons conducting the training and names of those persons successfully completing the training.

Page 8 of 8 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Ebola & Other Infectious Policy Number: 5.20 Virus Diseases Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

OPD realizes that to serve the public effectively and efficiency, we must limit staff exposure to all highly infectious virus diseases to include the Ebola Virus Disease (EVD). As part of this policy, employees must consider and take precautions when responding to or encountering a subject with EVD or other highly infectious diseases.

DEFINITIONS:

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

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infections may require hospitalization.

This term is also known as articulable suspicion. More than a mere hunch, and based on a set of articulable facts or circumstances that cause a reasonable person to believe that an infraction of the law has been committed, is about to be committed, or is in the process of being committed, by the person(s) being observed. Reasonable suspicion in traffic enforcement is often based on observations by the officer in combination with training and experience, and/or reasonably reliable information from a credible source. Officers must have reasonable suspicion to believe the person being stopped has committed an infraction of the law prior to initiating a traffic stop.

DISCUSSION:

There is currently an outbreak of Ebola virus disease occurring in West Africa, which was first reported in March 2014 in Guinea. As of October 2014, a total of 8,399 clinically compatible cases of Ebola Virus Disease (EVD) (4,655 confirmed), including 4,033 deaths have been reported mainly from countries with widespread and intense transmission (Guinea, Liberia and Sierra Leone) and in very limited numbers, from countries with an initial imported case(s), with or without localized transmission (Nigeria, Senegal, Spain and United States of America).

Ebola is a rare but deadly viral infection spread person-to-person by direct contact with blood and body fluids of infected people. The incubation period is of Ebola is suspected to ranges from 2 to 21 days. As such, it is possible that additional persons infected in Guinea, Liberia or Sierra Leone can arrive in the U.S. before developing symptoms.

As a result of lax federal screening and reluctance to quarantine travelers, Police officers may therefore come into contact with people recently returned from outbreak countries or from contact with these viral carriers.

PROCEDURE:

EVD Transmission: Ebola virus transmissions are suspected to only be transmitted via direct contact with the bodily fluids e.g., sweat, blood, saliva, vomit, feces, urine or semen of a symptomatic infected person. It is also thought at Ebola virus cannot be transmitted by casual contact,

such as being in the same room with an infected individual. However, as a note of caution health care workers that claim to have followed established protocols have been infected by this deadly disease. It is also believed that persons infected with Ebola virus are only contagious when they are symptomatic. In other words, patients infected with Ebola virus are not contagious during the asymptomatic incubation period immediately following infection (which ranges from 2 to 21 days, with an average 8 to 10 days). Patient Signs and Symptoms of EVD suggest the possibility that a patient may be potentially contagious if they have any one or a combination of: 1. Bleeding of unknown origin 2. Body aches 3. Diarrhea 4. Fatigue 5. Fever 6. Headache 7. Malaise (feeling of discomfort, illness, or uneasiness) 8. Nausea 9. Vomiting

Personal Protective Equipment (PPE) Use Guidelines: Anytime an employee of this agency has a reasonable suspicion that a member of the public may be infected with EVD or another highly infectious disease, they are to contact EMS, and advise them of the facts about the individual, and request immediate assistance. With the exception of extreme exigent circumstances, employees of OPD do not attempt to physically contact or get within spitting distance of a potential viral carrier.

In the case, of extreme exigent circumstances requiring physical contact or management of the infected individual, employees follow the following precautionary measures at a minimum. When in doubt, go to the next higher level of protection: 1. Physical contact with mildly symptomatic cases e.g., with fever – Standard precautions apply: Hand hygiene, gloves, and plastic apron; 2. Physical contact with overtly symptomatic cases: Hand hygiene, gloves, plastic apron, fluid repellent surgical facemask, and eye protection; or 3. Physical contact with severely symptomatic patients e.g., those with extensive bruising and/or active bleeding and/or uncontrolled diarrhea and/or uncontrolled vomiting: Hand hygiene, double gloves, fluid repellent disposable gown or suit, eye protection, and FFP31 respirator.

If a diagnosis of Ebola is considered, the individual should be isolated in a single room (with a private bathroom if practical), and infection control personnel should be contacted immediately. Likewise, if Ebola is suspected, the local or state health department should be immediately contacted for consultation and to assess whether or not testing is indicated and the need for initiating identification of contacts.

1 Respiratory Protective Smoke Escape Devices with filtering half mask with exhalation valve (class: FFP3).

REPORTING GUIDELINES:

The following guidelines apply when an individual member of the public or an agency employee is suspected of having contacted or been within spitting distance of an Ebola or other infectious disease exposed person. 1. Blood Borne Pathogens & Other Infectious Diseases, policy covers procedures for exposure to infectious diseases. 2. Any potential exposure to EVD, or someone infected with EVD, should be reported to your supervisor following procedures as soon as practical. 3. The contacted supervisor is required to immediately call for support from trained and equipped EMS and infectious disease containment personnel. 4. Following the above, the contacted supervisor provides timely notice to the Police Chief. 5. Any agency vehicles or equipment used to transport or that had potential access to the suspected infectious must be decontaminated before movement for further use. 6. Detainees with suspected EVD are immediately transported to a medical facility by trained and equipped EMS personnel.

ADDITIONAL RESOURCES:

Further information about the Ebola virus outbreak can be found on the following webpages: • U.S. Department of Health, Center for Disease Control, http://www.cdc.gov/ • World Health Organization (WHO) http://www.who.int/csr/disease/ebola/en/index.html

Subject: Delirious & Drug Induced Subject Policy Number: 5.21 Response Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department responds to situations involving perceived delirious or drug induced persons in support of emergency medical responders. Care is provided to protect the public in general, responders and the subjects.

DEFINITIONS:

 Delirium - Also known as, an acute confusional state is a common and severe neuropsychiatric syndrome with core features of acute onset and fluctuating course, attentional deficits and generalized severe disorganizational behavior. It typically involves other cognitive deficits, changes in arousal (hyperactive, hypoactive, or mixed), perceptual deficits, altered sleep-wake cycle, and psychotic features such as hallucinations and delusions. Delirium itself is not a disease, but rather a clinical syndrome (a set of symptoms), which result from an underlying disease or new problem with mentation.

 Excited Delirium [ExD] - Behavioral condition whereby a person exhibits extremely agitated and non-coherent behavior, elevated temperature, and extenuated endurance without apparent fatigue. ExD is often seen in the context of people under the influence of an illicit stimulant substance or in people with a history of mental illness who are not taking their medications properly. ExD is a controversial diagnosis. As with delirium, ExD is not a disease, but rather description of a set of symptoms, which result from underlying conditions.

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reasonable fear of violent behavior and serious physical harm; or is unable to avoid severe impairment or injury from specific risks, and there is a substantial likelihood that such harm will occur unless the person is placed under involuntary restraint or treatment.

DISCUSSION:

Officers periodically observe individuals exhibiting bizarre, agitated, or excited behavior. This behavior is often a result of alcohol or drug intoxication, mental illness, uncontrolled anger, or a combination of these factors. However, in some cases bizarre behavior may be associated with a serious medical condition called delirium, which in some instances may be fatal. Intense physical exertion, such as when a subject violently resists arrest for a prolonged period, may increase the risk of death due to hyperactivity and other factors.

Throughout this policy, reference is made to excited delirium [ExD]. Given the variety of symptoms that may be visible to responders in the field, this diagnosis is not one wherein all reasonable medical personnel agree that it actually exists. ExD is certainly not easy to determine when responding under emergency conditions.

Recognizing Delirium Delirium is a disturbance of consciousness that develops over a short period, usually hours or even days. It is accompanied by a change in cognition, and tends to fluctuate throughout the course of a day. The condition may be caused by several different factors including, among others, chronic drug use (particularly cocaine or methamphetamine abuse), substance withdrawal, and/or mental illness. The person’s ability to focus, sustain, or shift attention is impaired, and they are easily distracted. The person’s speech may be rambling and incoherent, and it may be difficult or impossible to engage the person in conversation. The person may also be disoriented concerning time and/or location, misinterprets perceptions, be delusional, and/or experience hallucinations. Due to an elevated body temperature, many of these individuals remove one or more items of clothing, and they often appear impervious to pain. A person in an excited delirium state may exhibit one or more of the following:  Violence towards others,  Agitation excitability paranoia aggressiveness,  Unusual strength fear rage apathy,  Depression confusion shouting violence toward objects,  Sudden calmness,  Hyperactive endurance,  Sweating,  Extremely agitated,  Non-coherent behavior,  Elevated temperature,  Excessive endurance without fatigue,

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 Hyperthermia, and/or  Attraction to glass.

PROCEDURES:

When an officer reasonably believes an individual may be in an excited delirious state, the individual, without compromising officer safety is to be treated as if he/she is in medical crisis and requires medical attention. The nature of this delirium and its effects on the body are such that prolonged struggling may worsen the medical condition, and may in rare instances result in the person’s death. It is possible for a person in this condition to die, even when officers take all reasonable precautions. When it becomes reasonably necessary to subdue a person who is believed to be in an excited delirium state, officers should attempt to minimize the length of the struggle and seek immediate medical attention for the person thereafter.

Once a determination is made that this is a medical crisis, the primary duties of responding officers are to secure the scene and the subject so that EMS personnel can assess, treat and transport the individual to a trauma center.

Cautionary Note Reasonable officers have neither the expertise nor the opportunity in a rapidly evolving and potentially dangerous situation to diagnose the underlying cause, specifics of delirium, or drug interactions. There is no reason to assume that delirious or drug induced subjects are any less of a threat to emergency responders, themselves, or the public at large than other excited or agitated individuals. Extreme caution is advised.

TACTICS:

No two tactical situations are the same and this is especially true when dealing with delirious and drug induce subjects. The following are tactics that officers should consider when responding to a location where ExD or other bizarre behavior is present. These tactics are guidelines only, and officers are to use their discretion in dealing with potentially dangerous, delirious or drug induced subjects.

Incident Management Once a telecommunicator or officer concludes that an individual may be in a delirium state, the incident is to be managed as a medical emergency, as soon as it is reasonable safe to do so. This response, in addition to whatever other law enforcement response is perceived as appropriate, which includes the use of reasonable force.

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Communicator’s Role If a telecommunicator perceives, based upon information provided by the reporting party, that a person involved in an incident may be in an agitated or excited delirium state, EMS personnel are dispatched and advised to stage at a location a safe distance from the scene until notified by officers that the scene is secure. The telecommunicator also informs responding officers that EMS is in route and where they intend to stage.

When and if practical, additional officers are also dispatched to the location. Any officers trained or experienced in mental health or crisis intervention may be helpful as well.

EMS’ Role Officers should anticipate EMS response to the selected staging area where they await notification that the scene is secure. As soon as practical, EMS personnel should evaluate the individual, administer appropriate care, monitor medical signs, and deliver the patient to an emergency medical facility as EMS protocol indicates. Depending on the medical protocol and skill level of medical responders, their patient may be sedated.

Encourage EMS personnel to get involved and manage control of the subject as soon as practical.

Officers’ Role If an officer responds to an incident and concludes the individual may be in a state of delirium or needs medical attention EMS is called to the scene. If the subject or others pose a potential threat, designate a nearby safe location for EMS staging, pending securing of the scene.

1. No Perceived Threat Individuals - If the person appears to be unarmed, does not appear to pose a threat to themselves or others, and is not an escape risk, consider containing the subject while maintaining a safe distance, and requesting EMS involvement immediately. Remove non-responders from the immediate area. In this situation, the responder’s objective is to gain the person’s voluntary cooperation for medical treatment. One or more of the following tactics may be helpful in gaining the person’s cooperation: a. Attempt to “talk the person down.” Ideally, only one officer should engage the person in conversation. However, if the person is unresponsive or non-compliant with the first officer, attempts to communicate should be made by other officers present. The officers should project calmness and confidence and speak in a conversational and non-confrontational manner. The statements should include reassurance and that the officer is trying to help the person. Whenever possible, determine if the person can answer simple questions, this provides the officers at the scene an idea of the level of coherence of the person. Officers should also turn down their radios.

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b. Remember that the person’s mind may be racing, or they may be delusional and/or suffering from hallucinations, so statements and questions may need to be repeated several times. The person may also be fearful and extremely confused based on their psychological state so officers should be patient. If the subject is contained and does not appear to pose an immediate threat, there is no rush. It may take some time for the subject to calm down. i. Attempt to have the individual sit down, which may have a calming effect. ii. Refrain from maintaining constant eye contact, as this may be interpreted as threatening. iii. If a family member or another person who has a rapport with the individual can safely participate, enlist his/her assistance in attempting to gain the individual’s cooperation.

2. Perceived Threat - If the person to be taken into custody is armed or combative or otherwise poses an immediate threat to the physical safety of officers, to other persons, or to themselves, officers employ that amount of force that is reasonable and necessary to protect themselves and others at the scene and to take the person into custody. To the extent practical, efforts should be made to minimize the intensity and duration of the subject’s resistance and to avoid engaging in a potentially prolonged struggle. If circumstances allow, it may also be possible to limit the subject’s resistance by employing several officers simultaneously to restrain the subject quickly. Once the subject is in custody and the scene is safe, EMS personnel are to be called to the scene. Some individuals believed to be in an excited delirium state have gone into cardiac arrest shortly after a struggle ended. As a result, the person’s breathing is to be monitored at all times and the person’s positions adjusted to maximize their ability to breathe, i.e., avoid lying on stomach or exerting excessive downward pressure on the upper torso. The person is to be transported by ambulance to an emergency medical facility for evaluation and treatment.

Approaching Suspected Mentally Ill Persons: After rapidly gathering as much information as possible about the individual having or suspected of having a mental illness, two officers are dispatched to the scene. Upon arrival, officer(s) should: 1. Park at least one house or business away from the location of the alleged mentally ill person; 2. Establish an initial perimeter to prevent vehicular and pedestrian traffic through the area; 3. Walk slowly toward the scene from an angle rather than directly up to the front entrance, maintaining awareness of concealment areas for protection from gunfire; &, 4. Observe the scene for activity such as:

Page 5 of 6 Law Enforcement Policies and Procedures, 5.21 Delirious or Drug Induced Subject Response

a. Verbal threats; b. Calls for help; c. Recent property damage or damage being committed; d. Presence of children; e. Number of occupants; f. Presence of animals; & g. Possible weapons.

Page 6 of 6 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Mentally Ill Persons Policy Number: 5.22

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department responds to situations involving perceived mentally ill persons in support of emergency medical professionals. Care is given to protect the public in general, responders and the subjects.

DEFINITIONS:

Page 1 of 6 Law Enforcement Policies and Procedures, 5.22 Mentally Ill Persons

DISCUSSION:

At times, officers are faced with a situation in which no friends or family members are available to provide insight into the medical or mental history of the individual in question. As such, officers need to watch for verbal, environmental, and behavioral clues that might establish the mental state of the subject. This is never an easy process, and the signals may be confused by drug abuse. Indicators may include: 1. Verbal Cues: a. Illogical thoughts or expressions, such as loose associations, grandiose ideas, ideas of persecution, and obsessive thoughts; b. Unusual speech patterns such as nonsensical speech or chatter, word repetition, extremely slow or rapid speech; & c. Verbal hostility or excitement such as talking excitedly or loudly, threatening harm, and argumentative or belligerent hostility.

2. Environmental cues: a. Presence of drug paraphernalia, empty containers, or wrappers; b. Strange decorations or inappropriate use of household items; c. Pack ratting and accumulating trash or waste matter; & d. Strange attachment to childish objects or unusually shaped items.

3. Behavioral cues: a. Wearing bizarre makeup, clothing, or clothing which inappropriate for the season; b. Strange posture or mannerisms such as constantly looking over their shoulder or maintaining an unusual position for a long period of time; c. Continuous pacing, agitation, waving of arms, hand gestures; d. Sluggish or repetitive movements; e. Responding to voices or objects that are not there; f. Confusion about or unawareness of surroundings; g. Lack of emotional response; h. Self-inflicted injury and/or property damage; i. Facial expressions of sadness or grief; & j. Inappropriate emotional reactions such as extreme mood swings.

PROCEDURES:

Until an on-site assessment is conducted and responders have a basis to conclude otherwise, there is no reason to assume that mentally ill persons are any less of a threat

Page 2 of 6 Law Enforcement Policies and Procedures, 5.22 Mentally Ill Persons

to emergency responders, themselves, or the public at large. Until a determination is made extreme caution is advised.

If officers or EMS are unsure, or perceive that the subject is a serious danger to self, others, or responders; or officer perception concludes the subject is exhibiting some signs of delirium, excited delirium [ExD], drug induced; or other dangerous tendencies, refer to and follow the guidance contained in the policy Delirious & Drug Induced Subject Response.

The objective of officers responding to a non-violent mental health call is to support EMS personnel in containing the situation, securing the scene, and assisting in restraining the individual for treatment or transport. In many cases, officers are the first on the scene. As such, they can begin the evaluation and containment procedures until EMS arrives. Once EMS is on the scene, of a non-violent suspect, officers follow their lead.

Without endangering officers or others safety, limited hostility is usually not to be met with high levels of force; but rather, with carefully applied officer presence and efforts to restrain the suspect with the least force practical. Mentally ill subjects do not react conventionally to orders and no two respond the same.

First, think safety and treatment not punishment and retribution. The use of deadly force should be restricted to defending your life and that of other persons.

TACTICS:

Approaching Suspected Mentally Ill Persons: After rapidly gathering as much information as practical about the individual having or suspected of having a mental illness, it is the primary task of officers to stabilize the situation until EMS arrives and assume management of the subject. With EMS assumption of primary care, officers provide back-up and support.

Upon arrival at the scene, officer(s) should: 1. Park at least one house or business away from the location of the reported mentally ill person; 2. Establish an initial perimeter to limit interfering vehicular, pedestrians or distractions; 3. Walk slowly toward the scene from an angle rather than directly up to the front entrance, maintaining awareness of concealment areas for protection from gunfire or attack; &, 4. Observe the scene for activity such as: a. Verbal threats, b. Calls for help, c. Recent property damage or damage being committed, d. Presence of children,

Page 3 of 6 Law Enforcement Policies and Procedures, 5.22 Mentally Ill Persons

e. Number of occupants, f. Presence of animals, or g. Possible weapons.

Communication with Mentally Ill Persons: Where possible, use communication skills to de-escalate a situation involving non- violent individuals having or suspected of having, a mental illness. Remember, your goal is to control the situation.

When officers perceive human life is not immediately threatened, employees attempt to exercise the following tactics when responding to situations involving suspected mentally ill subjects: 1. Upon arrival, one officer communicates with the mentally ill subject and: a. Speaks in a clear and simplistic manner; b. Is not judgmental or taunting toward the subject; c. Reassures the subject of their safety; d. Attempts to calm the individual by showing an understanding of their feelings and needs; e. Encourages communication and allows the subject to vent emotions; f. Asks one question at a time and allows the individual adequate time to answer; g. Maintains eye contact and repeats question and statements as needed; h. Keeps hands held in a non-threatening manner, extended and with palms open; i. If a weapon is present, says such words as, I want to help you with your problem, but I can’t until you put down the weapon; j. Asks the subject to release any detained subjects, and try not to use the word hostage; k. Asks the individual to repeat any instructions back to ensure comprehension; & l. Asks open-ended questions to avoid yes or no answers. 2. Other officer(s) if present, tries to: a. Solicit information from family, friends, or neighbors regarding what caused the immediate situation and any medical history; & b. Remove friends, family, and neighbors from the scene for both operational and personal safety. 3. When practical, responders attempt to: a. Maintain a non-threatening posture and voice; b. Not deceive, stare, or ridicule the subject; c. Not take verbal abuse personally; d. Avoid using force unless the individual is violent or threatening toward himself, officers, or others; e. Keep their weapon side away from the individual and firearm holstered unless the subject is armed; & f. Work together to restrain the individual, if necessary.

Page 4 of 6 Law Enforcement Policies and Procedures, 5.22 Mentally Ill Persons

Custody of the Mentally Ill: When confronted with an individual with perceived mental illness, officers should seek the assistance of EMS, a licensed physician, psychologist, or other health care professional to assess the mental status of the individual. If EMS is not on the scene, officers may describe the behavior of the subject by radio or phone.

When a mentally ill person’s behavior requires confinement in order to prevent them from personal harm, harming another person, or committing a crime, officer(s): 1. Turn subject over to EMS for transport; 2. If EMS will not transport: a. Take subject into custody and transport them to a mental hospital or medical facility. During transport have a second officer in the transport unit or follow if continued violence is anticipated. b. When practical, seek the person’s voluntarily commitment; c. Obtain a warrant of commitment, if necessary; & d. Present the warrant of commitment to the hospital authorities, make application for emergency admission, and turn the person over to hospital authorities.

However, if officers do not have time to obtain a commitment warrant and have to act immediately in order to prevent personal injury or extensive property damage, they: 1. Immediately arrest the individual for any criminal conduct which they committed, including disorderly conduct and threats; 2. Immediately present the matter to a magistrate or judge and seek an emergency commitment warrant; 3. Transport the individual to the nearest emergency facility, present the warrant to hospital authorities, make an application for emergency admission, and leave the individual with hospital authorities; & 4. Notify the prosecutor that the individual has been committed.

The prosecutor’s office may dismiss the criminal charge once a commitment warrant is issued. Except in exigent circumstances, do not place the mentally ill patient in a jail or holding facility that is not equipped and staffed to handle mentally ill patients. When they are temporarily detained in detention facilities, a close watch [usually, at least twice per hour at irregular times, or more frequently] needs to be maintained until the individual is transferred.

Transportation of the Mentally Ill by Olmos Park Police Department Officers: Individuals taken into custody under emergency commitment statutes are transported to medical facilities for evaluation. Hospitals receiving mentally ill persons have the responsibility to treat the patient for medical and psychological concerns.

Page 5 of 6 Law Enforcement Policies and Procedures, 5.22 Mentally Ill Persons

Unless requested to do so, officers usually do not accompany EMS or maintain a presence at the receiving hospital. If an individual has not committed a crime and is not under arrest he or she should be free to leave when released by medical staff.

However, if an individual is transported to the hospital under an emergency commitment and has committed a criminal offense or a warrant check indicates an outstanding criminal warrant, transporting officers: 1. Charge the individual with a criminal offense and prepare an offense report; 2. Provide hospital personnel with a copy of the offense report; 3. Prepare a hold ticket for the arrested individual, maintaining the original at Olmos Park Police Department; 4. Prepare an arrest documents; & 5. Make arraignments for custodial care until the subject can be transported to a detention facility when released the medical facility.

Managing Calls to Mental Health Facilities: If an individual has escaped from an institution and presents a danger to self or other officers prepare a missing persons report and cooperate with the mental health facility. If the mental patient has pending criminal charges, take action to apprehend the individual, return them to the institution and file any appropriate criminal charges.

If the patient sustains an injury during escape, officers should initially transport the patient to a hospital for treatment and notify the reporting facility from which they escaped. The facility from which they escaped should arrange for the return of the individual to their care once available for release.

Page 6 of 6 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Intoxicated & Mentally Impaired Policy Number: 5.23 Drivers Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Employees of Olmos Park Police Department daily see the ravages that excessive alcohol, drugs, and other mind altering chemical have on individuals and our community. As part of our role as enforcement officers, we vicariously work to limit the effects of such abuse when it can potentially harm others.

DEFINITIONS:

 Public Personalities – A well-known person in the community. The individual may be an elected official from your community, television or radio personality, sports star, member of the clergy, and so forth.

 DUI – Driving under the influence of a mind-altering chemical, most notably drugs or alcohol. The impairment may be due to the consumption of legal or illegal substances. As a practical matter, from state to state, and jurisdiction to jurisdiction DUI is interchangeable with DWI.

 DWI – Driving while intoxicated, or under the influence of a mind-altering chemical, most notably drugs or alcohol. The impairment may be due to the consumption of legal or illegal substances. As a practical matter, from state to state, and jurisdiction to jurisdiction DWI is interchangeable with DUI.

PROCEDURES:

Stopping D.U.I. Suspects: Based on officer perception, persons who are stopped for inquiry, are those with driving behavior is indicative of driving under the influence of alcohol or drugs, while on a public highway or in areas that have ready access to a public road. Indications in the perception of the officer may include: 1. Sitting through a green light; 2. Weaving; 3. Excessively crossing the center-line or driving on road shoulder;

Page 1 of 4 Law Enforcement Policies and Procedures, 5.23 Intoxicated & Mentally Impaired Drivers

4. Driving excessively slow; 5. Driving excessively fast; 6. Failing to yield right of way; 7. Failing to turn lights on; 8. Failing to signal a turn; 9. Throwing objects from vehicle; 10. Playing loud radio or speaker systems; 11. Loud or boisterous vocal exclamation, or jesters; 12. Disregarding stop signs, signals, or the normal flow of traffic; 13. Improper turns; & 14. Park or stopped in a potentially dangerous place or position.

However, officers may be confronted with individuals whose personality or driving behavior suggests they are under the influence of alcohol or drugs when the individual is actually experiencing diabetic shock or other medical complications. Therefore, when stopping an individual suspected of driving under the influence [D.U.I.], the officer takes reasonable action to differentiate between intoxication and medical complications by: 1. Checking for an alert bracelet, necklace, or I.D. card; 2. Looking for indications of medication, such as prescription bottles, wrappers, etc.; & 3. Asking the individual if a medical problem or emergency exists.

If the officer perceives that an individual’s behavior is the result of a medical crisis or appears to be in imminent need of medical attention, the officer: 1. Immediately calls emergency medical personnel; 2. Forwards medical alert items and/or medication to arriving emergency medical personnel; 3. Transports, have medical personal transport, or secure private or public transportation of the individual(s) to a hospital or other safe haven; 4. Does not let the individual operate a vehicle; 5. Takes action to secure the individual’s vehicle [see section entitled Securing Individual’s Vehicle]; & 6. Completes an incident report.

Arresting D.U.I. Suspects: When, based on the perception of the officer, an individual is suspected of driving under the influence of alcohol or drugs, the officer: 1. Advises the driver that he or she is being detained for suspension of DUI; 2. Reads the suspect their constitutional rights; 3. Takes action to secure the individual’s vehicle [see section entitled Securing Individual’s Vehicle]; 4. Transports the arrestee to Olmos Park Police Department for sobriety testing; & 5. Performs or have performed sobriety testing [see section entitled Sobriety Testing].

Page 2 of 4 Law Enforcement Policies and Procedures, 5.23 Intoxicated & Mentally Impaired Drivers

If the individual is legally intoxicated, the officer completes a D.U.I. report and an incident report, with attached sobriety test results. If the individual is not intoxicated and not charged with other offenses, the suspect is released from custody. If, in the officer’s judgment the individual is not capable of operating a motor vehicle on the highway, or is otherwise at risk, the officer secures some means of transport to a reasonably safe haven.

Securing the Individual’s Vehicle: When an individual is detained on suspicion of driving under the influence of alcohol or drugs or referred to emergency medical personnel for a medical crisis, the involved officer takes reasonable action to secure the individual’s vehicle. At the officer’s discretion, the vehicle may be: 1. Released to a licensed and sober family member of the individual with the driver’s consent; 2. Released to a licensed and sober passenger of the vehicle, with the driver’s consent; 3. Towed; 4. Relocated and secured at a safe location, under exigent circumstances, i.e., the vehicle is impeding the normal flow of traffic. 5. On the booking affidavit there should be a section to fill in the disposition of the vehicle and have the detainee sign. This is documentation to protect the officer and the agency. This section of the report should also include a place for the officer to put the towing companies’ name, location and phone number.

If there is no other option, call for another officer to stand by with the vehicle until the towing company arrives. The towing company driver completes the tow slip and provides the officer with a copy. It is the officer’s responsibility to notify communications of the vehicle’s final disposition and communicators record the information for later referral.

Individuals suspected of driving under the influence who have been rendered unconscious or injured as a result of a motor vehicle accident, or pass out undergo chemical testing by licensed medical personnel or a laboratory technician, provided the arresting officer: 1. Completes necessary paperwork for obtaining the sample; 2. Observes an individual withdraw the blood sample; 3. Observes a urine sample being obtained [unless a different gender as the arrestee]; & 4. Maintains the chain of custody of the sealed samples until analyzed.

If the individual is confirmed to be over the legal limit through testing for the consumption of alcohol while operating a motor vehicle, the officer completes a D.U.I. report, transports the arrestee to the agency jail or lockup facility, and completes an incident report, with attached sobriety test results. If, however, the individual is

Page 3 of 4 Law Enforcement Policies and Procedures, 5.23 Intoxicated & Mentally Impaired Drivers

determined not to be legally intoxicated, the individual is immediately released, unless otherwise charged with a detainable offense.

Stopping & Handling D.U.I. Suspects That Are Law Enforcement Employees, or Public Personalities:

Experience teaches that tenured officers at some time or another may encounter a law enforcement officer, relative of a law enforcement officer, or well-known person that is operating a motor vehicle under the influence of drugs or alcohol. In Olmos Park Police Department there exists a Code of Ethics, and we follow it. Law enforcement officers or public personalities suspected of DUI are managed and processed according to this code.

Under no circumstances do officers call a supervisor and ask if the individual should be arrested or “given a break”. This discretionary decision is up to the officer conducting the stop, and is considered just as any other stop. Your ethical training guides you through this process. Your decision is thereafter articulated in your report. Remember, if you decide not to process the suspect, it may result in civil litigation against both you and the Olmos Park Police Department. This decision should not be taken lightly, and the decision is yours. Under no circumstance is the suspect allowed to operate a vehicle.

In the unlikely event an officer is suspected of being intoxicated on duty, the officer is disarmed if reasonably possible without confrontation, and held in place for the senior supervisor on duty to respond to the scene. Upon arrival, the ranking supervisor takes over the investigation, and completes a report.

Page 4 of 4 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Juvenile Procedures Policy Number: 5.25

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Members of Olmos Park Police Department take steps to positively influence juvenile offenders and non-offenders whenever possible. Our staff is aware that juveniles are a protected class, and as such cannot surrender certain protection guaranteed by the State and U. S. Constitution.

DEFINITIONS:

 Juvenile Offender - A young person who has not yet attained the age at which he or she should be treated as an adult for purposes of criminal law who:

o Violates a state or federal law, or municipal or local ordinance; o Engages in disobedient, immoral, or indecent behavior; o Is in need of treatment, rehabilitation, or supervision; o Has runaway from home or lawful place of residence without just cause; o Is beyond the control of parents or a legal guardian; or o Has been habitually truant or overtly defiant in school.

 Non-secure Custody - A condition under which a juvenile’s freedom of movement is controlled by members of Olmos Park Police Department, and when the juvenile is allowed some freedom of movement and is not detainee in a cell or secured room.

 Responsible Adult- In the absence of the juvenile’s parents or legal guardian, an adult with reasonable physical and mental capacities who is:

o Responsible for the physical custody of a juvenile; o An relative or acquaintance of the juvenile’s parents; or o Able to reasonably demonstrate supervision for the juvenile until parents, legal guardian, or next of kin can assume that responsibility.

Page 1 of 5 Law Enforcement Policies and Procedures, 5.25 Juvenile Procedures

o Is held in an unlocked, multi-purpose area, such as a report-writing room or office; o Is at no time handcuffed to any stationary object; o Is held only long enough to complete identification, investigation, processing, and then released to a responsible adult, transferred into a juvenile facility, or court; & o Is under continuous visual supervision until released.

 Status Offender - A juvenile who is charged with an offense that would not be a crime if committed by an adult.

PROCEDURES:

Conditions of Custody: Juveniles, regardless of their detention status, are always separated by sight and sound from all adult witnesses, detainees, prisoners, or inmates. There are no exceptions to this policy. This policy applies at all times the juvenile is being detained, including transport.

Enforcement Alternatives: Officers dealing with juveniles in enforcement capacities may exercise reasonable discretion in deciding on appropriate actions. Alternatives that may be considered and employed include: 1. Release without further action; 2. Informal counseling, advising the youth of the consequences their actions; 3. Informal referrals to community services; 4. Referral to parents or a responsible adult; 5. Informal counseling of parents or a responsible adult; 6. Limited custody and a station house warning; 7. Issuance of a summons or complaint; 8. Arrest under non-secure custody; or 9. Arrest under secure custody.

Enforcement Criteria: The following general guidelines may be used in determining the appropriate enforcement or crime deterrent action when dealing with juvenile incidents. 1. Referring juveniles to their parents or community resources may be appropriate following release or informal counseling by the officer. Such action may be taken in incidents where property damage or personal injury is not involved, but intervention is necessary to avoid potential delinquent actions or when the youth

Page 2 of 5 Law Enforcement Policies and Procedures, 5.25 Juvenile Procedures

has had no prior enforcement contacts. Examples of these incidents include, but are not limited to: a. Curfew violations; b. Loitering; c. Minor liquor law violations; or d. Disorderly conduct. 2. Officers may elect to transport the youth home or direct him/her to return home and may make personal, telephone, or mail contact with the youth’s parents or guardians to provide them with information and counseling on their child’s actions; refer the youth to appropriate community service agencies with or without follow-up; or detain the youth at the station house until he/she is released to a parent or guardian, if the: a. Incident is of a serious or potentially serious nature; b. Youth is fully aware of the seriousness or potential seriousness of actions and/or is acting in alliance or collusion with others to commit such acts; c. Youth fails to cooperate or to positively respond to intervention efforts and directions; d. Youth has prior informal warnings for engaging in delinquent acts; or e. Youth’s parents or legal guardian have apparently failed to provide appropriate control and supervision. 3. Officers may file delinquency charges against a juvenile when the act: a. Would be considered a felony, if committed by an adult; b. Involves deadly weapons; c. Is a serious or potentially life threatening gang-related offense; d. Involves assault; e. Occurs while the juvenile is on probation, parole or when there are charges pending or the juvenile is a repeat offender; f. Juvenile refuses to participate in diversion or intervention programs; or g. It has been determined that parental or other adult supervision is ineffective. 4. An officer may also take a juvenile into custody if the youth is lost, seriously endangered, or is a runaway. The following guidelines are followed for any juvenile reported as a runaway: a. Confirm juvenile as a runaway through agency reports, NCIC, or some other means. b. Take juvenile into custody and transport to the agency. If no agency reports or NCIC data exist, release the juvenile. c. If transported, the juvenile intake or probation officer is contacted for further direction such as incarceration or transport to a children’s center. d. Complete an incident report. e. Copy all documents concerning juvenile contact and forward to Juvenile Probation Officer. f. Delete runaway from NCIC records. If the juvenile has been entered into NCIC by some other police agency, notify that agency for deletion of the entry. The police agency in question can also provide other useful information concerning the juvenile, and make further contacts as needed.

Page 3 of 5 Law Enforcement Policies and Procedures, 5.25 Juvenile Procedures

g. Notify parents or guardian of the juvenile’s status and location. 5. In cases of alleged child abuse, officers contact a youth officer or their immediate supervisor in order to conduct an investigation of the complaint, unless probable cause justifies immediate action to protect child.

Status Offenses: The following guidelines apply to all status offenses committed by juveniles: 1. Based on the seriousness and circumstances surrounding the offense, background, and demeanor of the juvenile and other relevant factors, an officer may release a juvenile to his/her parents, guardian, or another responsible adult. This is a matter of officer discretion. 2. Juveniles taken into custody for status offenses are frisked prior to being transported and may be handcuffed or restrained if, in the discretion of the officer, the juvenile poses a physical risk to the officer, themselves or others. 3. Officers pay particular attention to juveniles under the influence of alcohol or drugs to determine whether emergency medical services are warranted. 4. Held in non-secure custody as provided by state law and for the briefest time necessary to conduct identification, investigation, and related processing requirements to facilitate their release to a parent, responsible adult, or transfer to a juvenile facility. 5. Transportation of a juvenile in a caged vehicle is not secure custody. 6. Status offenders and other juveniles taken into temporary non-secure custody for non-criminal type offenses may not be fingerprinted or photographed for purposes of establishing or supplementing criminal records. 7. Status offenders in temporary custody are: a. Not placed in a holding area within sight or sound of adult suspects or detainees; b. Maintained under constant visual supervision; c. Provided reasonable access to toilets and washing facilities; d. Provided food if in need of nourishment to include any special diets necessary for health or medical purposes; e. Provided any medication or necessary emergency first aid by a licensed doctor; f. Provided with reasonable access to water or other beverages; & g. Allowed reasonable access to a telephone.

Parental Liability: A parent or guardian may be liable for property damage done by a child in their care, custody, and for whom they exercise discipline, if the parent was negligent in their care, custody, and discipline; or the child willfully and maliciously damaged property.

Page 4 of 5 Law Enforcement Policies and Procedures, 5.25 Juvenile Procedures

School Related Offenses: A child engaging in conduct that is considered a prosecutable offense on property owned by a school district or at a school-sponsored event is referred to the juvenile court for charges. The agency reports verbally to the superintendent of the child’s school within 24 hours or on the next school day any instance of a child taken into custody for a criminal offense. A written notice is prepared and sent to the superintendent of the child’s school within 7 days of the verbal notification.

Emergency Medical Aid: Juveniles in custody who are believed to suffer from serious physical conditions or illnesses that require prompt treatment are referred to emergency medical services for evaluation and treatment. Officers have the authority to consent to treatment of a juvenile who is in need of immediate medical attention.

Disclosure of Juvenile Records: Records of juveniles are confidential and may not be disclosed to the public except for reporting criminal activity of juveniles to a school superintendent. Records may be inspected by other law enforcement and juvenile justice agencies having legitimate reason to view the records. The records of juveniles missing from home may be forwarded to NCIC for dissemination nationwide. Any records or files pertaining to juveniles are sealed upon court order. Upon receipt of a court order, the agency forwards all records to the court, and deletes all index references. Records pertaining to juveniles are disposed of according to the approved records management schedule of the agency.

Record Keeping: Officers who select non-custodial alternatives or engage in informal enforcement contacts with juveniles, complete appropriate field interview and incident reports for each contact. These reports clearly identify the juveniles involved, the nature of the incident, and the rationale for the officer’s disposition.

Juveniles taken into custody for criminal offenses are subject to the same reporting requirements as adults. Such reports are clearly marked “Juvenile,” maintained separately from adult arrest records, and are subject to state law regarding dissemination and access. A custody record is maintained with each juvenile arrest report that specifies: 1. Time juvenile entered secure detention and the duration of each detention; 2. Type of restraining device, if any, used; 3. Name of the officer responsible for visual supervision, and schedule of visual supervision, if the juvenile is placed in a locked room or cell; 4. Statement of the need for secure detention.

Page 5 of 5 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Bicycle Patrol Policy Number: 5.29

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department employs Bicycle Patrols in areas and at civil functions that can be enhanced by officers patrolling on bicycles.

PROCEDURES:

Benefits of Bicycle Patrol: Bicycle Patrol’s provide numerous benefits to the public that we serve, to include: 1. Cost cutting due to the ability to outfit ten to twelve bicycles as compared to one patrol vehicle; 2. Speed and ability of bicycle officers to reach areas non-accessible by four-wheel motor vehicles; 3. Bicycles provide officers with a stealth advantage because they are swift and silent; 4. Bicycle patrols improve public relations and citizen cooperation as they are highly visible, and more approachable; 5. Bicycle patrols improve officer morale; & 6. Decreased healthcare cost due to healthier employees.

Minimal Training Requirements: Training for individuals interested in becoming a Bicycle Patrol Officer consists of at least sixteen [8] hours of both classroom and practical exercise training by a law enforcement instructor experienced in bicycle operations. Course topics include, but are not limited to: 1. Bicycle handling skills; 2. Night operations; 3. Bicycle maintenance; 4. Emergency maneuvers; 5. Nutrition and personal health; 6. Group riding; 7. Public relations; 8. Safety & tactical procedures;

Page 1 of 3 Law Enforcement Policies and Procedures, 5.29 Bicycle Patrol

9. Anatomy of the bicycle, adjustments, proper fit; 10. Weather conditions; 11. Physical conditioning; 12. Safe bicycling laws and procedures; 13. Defensive tactical skills. 14. Firearms proficiency.

Bicycle Equipment: Bicycle patrol officers receive and maintain the following agency equipment that may include, but is not limited to: 1. Bicycle cargo bag and rack; 2. Bicycle helmet; 3. Rear reflector; 4. Head light for night operation; 5. Odometer or bicycle computer; 6. Water bottle; 7. Lock for securing the bicycle; 8. Blue/Red light; & 9. Bicycle identification.

Bicycle Maintenance: Each officer assigned a bicycle performs a daily function and safety checks of his equipment to ensure: 1. Proper function, cleanliness, and lubrication of the drive train, gears, and bearings; 2. Proper function of brakes; 3. Adequate tire durability and pressure; & 4. Secure attachment of equipment.

All deficiencies are recorded on a daily report and forwarded to the Police Chief for corrective action. In the event the officer can make repairs to correct the deficiency, he or she is to do so immediately. Deficiencies deemed to render the bicycle unsafe to ride remove the bicycle from service until the deficiency can be corrected, and the officer rides another bicycle or report to the Shift Supervisor for reassignment. Major repairs, tune-ups, or overhauls are completed by experienced maintenance professionals.

Bicycles are overhauled as needed. Additionally, each bicycle receives a tune-up as needed.

Bicycle Patrol Safety Tactics: In order to enhance officer and citizen safety, officers on bicycle patrol: 1. Comply with all traffic laws applicable to a cyclist; 2. Do not patrol in heavy rain, extreme cold, or during periods of restricted visibility; 3. Turn on all lights at night unless the use of lights might alert a suspect that is under observation;

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4. Always wear a helmet and safety glasses, including prescription eye wear or sunglasses, if needed; 5. Remain mindful of potential special safety hazards, such as: a. Pedestrians walking between parked cars into the street; b. Parking lot exits; c. Being chased by dogs; d. High curbs; e. Left turns from multi-lane streets; f. Drain grates; & g. Riding off road in congested pedestrian campus areas. 6. Place the bicycle between himself and a suspect, forming a physical and psychological barrier, thereby allowing more time to react to threats of bodily injury; 7. Place the bicycle against the back of the suspect’s legs as a means of controlling movement when handcuffing a suspect; 8. Do not use the bicycle to strike a suspect except in an extreme emergency; 9. Secure the bicycle to a fixed object with an approved lock [or handcuffs if a lock is unavailable] if left unattended during patrol; & 10. Immediately report all accidents causing injury to an officer or other individual(s), or damage to a bicycle or other agency equipment.

Security of Equipment: When off-duty, officers secure the bicycle in an agency approved bicycle storage area or take the bicycle home as long as adequate security and shelter for the bicycle are provided at the private residence.

Mileage Reports: At the end of each shift, the bicycle patrol officer logs the shift mileage on a monthly mileage record. Total mileage for the month is turned in on the last day of the month to the shift supervisor.

Page 3 of 3 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Traffic Stops & Enforcement Policy Number: 5.31

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

The Olmos Park Police Department diligently enforces traffic laws in an effort to improve safety in our community, and ultimately reduce the occurrence of traffic accidents and deaths.

DEFINITIONS:

 Racial or bias based profiling - The interdiction, stopping, detention, or other unequal treatment of any person based on race, ethnicity, gender, or any combination thereof. Race, ethnicity, gender, religion, political affiliation, or any combination of these are not a factor in determining reasonable suspicion for a stop, or for determining probable cause for an arrest. The primary factor to consider is whether an observable offense was committed.

 Reasonable suspicion - Also known as articulable suspicion. More than a mere hunch, and based on a set of articulable facts or circumstances that cause a reasonable person to believe that an infraction of the law has been committed, is about to be committed, or is in the process of being committed, by the person(s) being observed. Reasonable suspicion in traffic enforcement is often based on observations by the officer in combination with training and experience, and/or reasonably reliable information from a credible source. Officers have reasonable suspicion to believe the person being stopped has committed an infraction of the law prior to initiating a traffic stop.

PROCEDURES:

Officer Sets The Example: Police officers are always being observed as they go about their duties. The public watches every action. As a result, officers: 1. Obey all traffic laws, including posted speed limits; 2. Are courteous and polite to motorists and pedestrians; 3. Drive defensively;

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4. Yield right of way; & 5. Use emergency lights and siren only during emergency response, vehicle stops, pursuits, or to warn of hazards.

While on patrol and/or traffic enforcement duties, officers of this agency patrol their assigned area while paying particular attention to zones that may need a greater concentration of enforcement. Officers also conduct conspicuous stationary observations in which their parked patrol vehicles serve as reminders for drivers to comply with traffic laws. Officers may not leave their assigned patrol areas without prior authorization from their supervisor.

Stopping Traffic Violators: There are . . . no routine traffic stops. The following are intended to reduce the safety risks for the officer, the violator, and other users of the roadway. Under ideal weather conditions, officers: 1. Notify dispatch of the intended location of the traffic stop, the license number, vehicle description, and number of occupants observed in the vehicle. 2. Safely position the patrol vehicle behind the violator’s vehicle; 3. Gradually change lanes to the right side of the road, on multi-lane roadways, to insure the safety of the violator and other drivers; 4. Attempt to stop the violator in an appropriate location, on the right side of the roadway, or off the road, so not to impede traffic; 5. When possible, position the patrol vehicle on a left oblique angle, two feet outside, and to the left, with the front wheels turned all the way to the left and approximately 30 feet in length behind the violator’s vehicle; 6. Give the responsibility of radio communication and observation of the scene to the backup officer, if one is available; 7. Instruct the violator to move to a safer location if necessary, either verbally or by public address, if stopped in an unsafe location; 8. Prohibit movement of the vehicle if the driver is impaired; 9. Exit the patrol vehicle and watch for any suspicious movement or actions of the violator; 10. Approach the violator’s car with caution - take your time and do not be predictable to the violator: a. Looking into the rear seat area, if there are only occupants in the front seat of the vehicle; & b. At a point near the leading edge of the left front door, if there are occupants in both the front and rear seat. 11. Require all occupants to remain in the vehicle, unless there is reasonable suspicion to believe that occupants may pose a threat to the officer.

Types of Enforcement Actions: Officers know that the first level of force while performing street or foot patrol is mere officer presence. Reasonable citizens are typically more cautious when uniformed officers are nearby. The more we patrol and are highly visible, the more likely we are to

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deter crime while reassuring the public that we are protecting their interests and ready to provide assistance.

Officers may exercise one of three options regarding traffic violations: 1. Warnings – May be written or verbal in content. A warning may be issued, at the officer’s discretion, when: a. Minor traffic violations have been committed; b. The suspect driver has an emergency; or c. A violation is committed due to ignorance of local ordinances that may be unique or unknown to the driver. 2. Traffic Citations – should generally be issued for moving or non-moving violations that hinder safe and effective flow of vehicular or pedestrian traffic. 3. Arrest - Officers make a physical arrest when: a. Subject is driving while intoxicated, driving under the influence of alcohol, or other intoxicants has occurred; b. A felony has been committed; c. The vehicle operator refuses to sign a promise to appear on the traffic summons; or d. The officer has articulable reason to believe that the person may not comply with the summons. e. The driver has an outstanding confirmed warrant; and /or f. The officer has observed any arrestable crime committed in his presence.

Specific Traffic Violations: Agency officers follow the listed guidelines when deciding whether or not a traffic citation is warranted: 1. Speeding violations – A citation may be given to anyone who violates the posted speed limit. The decision to cite a violator may depend on the location of the violation, previous accident history of location, and directed patrol emphasis. 2. Equipment violations – A warning is normally given unless the violation is repetitive or flagrant. Officer Discretion. 3. Multiple violations – Traffic citations may be issued for each violation, however the more flagrant violation is generally cited, and warnings issued for the remainder. 4. Newly enacted laws – A grace period of one month is generally recognized for newly enacted laws during which only a warning is given. After the grace period, officers use discretion. 5. Revoked or Suspended Driver’s License – A driver may be arrested when an officer has stopped a vehicle and identified the driver as driving with a revoked or suspended license. If the officer is unable to stop the individual in a timely manner, he may seek a warrant for the violator’s arrest.

Issuing Traffic Citations:

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After stopping a suspect traffic violator, officers are to: 1. Be alert for the unexpected; 2. Be confident that observations of traffic violations are accurate; 3. Present a professional image in dress, grooming, language, bearing, & emotional stability; 4. Have all necessary equipment and forms available to conduct the stop in an efficient proper manner; 5. Decide on the probable enforcement action before making initial contact based upon the violator’s driving behavior, rather than their attitude; 6. Greet the violator with an appropriate title and in a courteous manner; 7. Inform the violator what traffic law has been violated and the intended enforcement action; 8. Ask the violator for a driver’s license, vehicle registration, and proof of vehicle insurance; 9. Ask the driver if they are aware of why they were stopped, allowing the driver to discuss the violation while maintaining a positive attitude; 10. Use discretion and take action, explaining to the violator exactly what he is supposed to do in response to the action and how the action affects him; 11. Complete the citation form to include description of the vehicle and driver, However, do not consider or record gender, race, or ethnicity of the person being stopped, beyond that information required on the citation or by other requirements; and make good notes in the appropriate area of the citation for future court testimony; 12. Be alert to any emotional stress exhibited by the driver; 13. Return violator’s driver’s license, registration, insurance information, and a copy of the traffic or warning citation, if issued; 14. Resolve any stress or physical impairment that prohibits the driver from operating vehicle on the road; 15. Confirm that the driver and passengers are wearing seat belts; 16. Assist the violator in safely re-entering traffic; 17. Do not follow the violator; 18. Turn in all citations after completion of a shift, maintaining a copy for future court use; & 19. Appear in court if required, prepared to support your actions in compliance with agency policies and procedures.

As a practical matter, ask the offender . . . if they have a viable reason for what they did? This opens up the opportunity for rapport building and can present the officer with and opportunity to explain why the action was dangerous, or what could be the negative results of this type of action.

Officer Responsibility - Traffic Citations: When issuing a traffic citation, the officer notifies the motorist of: 1. Court appearance schedule; 2. Whether court appearance is mandatory;

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3. Whether the fine can be prepaid to the court prior to court on entering a guilty plea; & 4. Any other necessary information.

Officers are mindful of drivers who are not familiar with the State or jurisdiction in which they are driving, regarding normal procedures for resolving a ticket. Under no circumstance do officers accept money, valuables, or favors from motorists for any reason, to include pre-payment of fines or tickets unless specifically ordered by a court.

Stops at Night or During Inclement Weather: Night and inclement weather traffic enforcement operations are especially hazardous to officers and citizens. Distances are hard to judge, images are not clear, and closure rates of moving vehicles are difficult to determine. People have a tendency to focus on the emergency lights of the vehicle and often hit the patrol vehicle; especially those under the influence of alcohol. Officers take the following cautionary steps when working traffic under these conditions: 1. Keep the patrol vehicle head lights on low beam for the safety of oncoming traffic; 2. Avoid pointing headlights into oncoming traffic; 3. Use spotlights or take-down lights to illuminate the offender vehicle; 4. Wear reflective vests, straps, or brightly colored inclement weather gear when outside of the patrol vehicle; 5. Carry and use a handheld flashlight for supplemental illumination; & 6. Avoid looking into headlights or other bright lights to protect night-vision.

Felony Stops: Special procedures are followed when stopping the vehicle of known or suspected felons to include: 1. Notifying the dispatcher immediately of location, description of the vehicle and occupants, and backup; 2. Waiting for the arrival of backup support, before initiating the stop; 3. Stopping the suspect vehicle, using necessary emergency equipment to warn other traffic, in a location which presents minimal danger to others; 4. Having a firearm or other weapon easily accessible and ready for immediate use; 5. Exiting the vehicle quickly, but remaining behind the door or other cover for protection; 6. Announce by public address system who you are and that they are suspects in a felony crime. That any overt actions on their part are considered as a threat and they are to obey your commands precisely; 7. Commanding occupants, by public address system or by voice, to get out of the vehicle individually, into a safe area and into the appropriate search position; 8. Positioning yourself to reduce the potential for being struck by any vehicle; 9. Having support officers provide cover while arresting and searching the suspect(s);

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10. Direct your suspects, one at a time to an area of cover and concealment for all officers before searching and cuffing. Make sure other officers maintain a visual of the suspect vehicle at all times while securing each suspect; 11. Avoiding other officers lines-of-fire; 12. Focusing all lights, including spotlights, on the interior of the suspect vehicle; & 13. Always use the “plus one “factor. Clear the vehicle in a tactful manner for hidden suspects still in the vehicle.

Radar: Radar is an important tool in verifying speed limit violations. Several guidelines are followed in order to effectively use radar, including: 1. Training and certification in the use of the specific radar equipment used by the agency; 2. Understanding the effective range of the radar unit so visual observations can support the speed meter reading; 3. Understanding outside variables that can effect a radars reading and display; 4. Establishing in court: a. The time, place, and location of the vehicle that was checked, the identity of the operator, the speed of the vehicle, and the visual speed estimate and radar speed of the vehicle, b. That the radar unit was operated properly, and tested for accuracy prior to the stop, & c. That speed limit signs were posted in the zone in which the violation occurred. 5. Maintaining proper care and maintenance off the radar unit.

DWI Enforcement Procedures: Apprehension of persons suspected of driving while intoxicated or under the influence of alcohol or drugs, the following guidelines apply: 1. Detecting driving behavior indicative of impairment, including: a. Sitting through a green light; b. Weaving; c. Excessively crossing the center-line or driving on road shoulder; d. Driving excessively slow or fast; e. Disregarding stop signs, signals, or the normal flow of traffic; & f. Improper turns. 2. Using extreme caution when stopping a suspected intoxicated driver. When making contact: a. Be polite, business-like, and professional; b. Get violators out of the vehicle and to a safe location, carefully observing actions and statements; c. Obtain the violator’s driver’s license or other identification; & d. Request field sobriety tests, and related tests for proof of impairment of suspected drivers. 3. Arresting the violator on the basis of the Officer’s observations:

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a. Blood Warrant mandatory in Bexar County if applicable; b. At the point where the officer has articulable probable cause to believe a DWI or DUI offense has been committed, read the suspect their rights; & c. Complete forms for the type of incident and indicate the results of any tests that have been administered on the forms.

Page 7 of 7 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Highway Incident Traffic Control Policy Number: 5.32

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Traffic control safety procedures are employed at roadway incidents in order to improve safety for victims, responders, other motorists, and pedestrians. Law enforcement, fire, rescue, EMS, and public works should cooperate and follow safe Highway Incident Work Zone procedures.

BACKGROUND:

Approximately twenty [20%] percent of all reportable traffic incidents are secondary in nature, with most of these being near the end of the traffic queue. Secondary collisions and injury in high-speed traffic are often more severe than the original incident.

Emergency responders have a significantly high risk of being struck by a passing vehicle while performing their duties. Vehicle crashes are a leading cause of on duty death among law enforcement officers and a major cause among fire-rescue personnel. In 1997, nearly forty [40%] percent of all law enforcement officers who died in the line of duty died in traffic related incidents. The longer an incident is in place, the longer responders and the public are at risk.

Traffic incidents can be very complex, requiring coordination between responding agencies, each having specialized responsibilities. Responders are subject to tunnel vision regarding their primary objectives and may overlook safety issues. Some consideration is given to traffic, not just from the perspective of how traffic affects the incident, but also how the incident affects traffic. In this role, our agency plays a very important part.

DEFINITIONS:

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

 Advance warning area - The section of highway where road users are informed about upcoming work zones or incident areas. An advance warning area may vary

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

 Block - Positioning fire apparatus, police vehicle, wrecker, or other vehicle on an angle to the lanes of traffic thereby creating a physical barrier between upstream traffic and the work area.

 Buffer zone - Space between moving vehicular traffic and personnel in the work zone.

 Class III visibility garments - High visibility protective garments designed for use by workers exposed to high-speed traffic hazards. Officers wear their issued traffic vest while conducting traffic operations under these conditions.

 Clearance - Act of removing wreckage, debris, or other impediments that disrupt the normal flow of traffic, and restoring the roadway capacity to its pre-incident condition.

 Downstream - The direction traffic moves as it travels away from the incident.

 Incident area - A highway section where temporary traffic controls are imposed in response to a road user incident, natural disaster, or special event.

 MUTCD - Manual on Uniform Traffic Control Devices, published by the U.S. Department of Transportation, Federal Highway Administration.

 Shadow - Protected area that is shielded by the block.

 Taper - Act of merging lanes of traffic into fewer moving lanes.

 Work zone - Physical area of a roadway within which law enforcement, fire,

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rescue, EMS, towing services, road crews, and others, perform their tasks.

 Transition zone - Lanes of a roadway within which approaching vehicles change speed and position to comply with traffic control measures.

 Upstream - Direction traffic is moving as vehicles approach the incident scene.

PROCEDURE:

Incident Command: Traffic Incidents are managed under the Incident Command system. The first on-scene response units to traffic incidents are usually law enforcement officers. The initial on-scene emergency responder is the Incident Commander [IC] until this responsibility is transferred.

Who is in Charge Here? All the entities that may respond to a critical incident, especially involving a traffic crash where many may respond, need to develop a respect for each others job preferably by nature of importance and then by nature of need. The first on scene unit should assess the need for medical assistance for the injured and provide a safe area to give first aid. When EMS arrives, they have charge until the injured have been removed. Providing there are no other immediate hazards to attend to, EMS turns over the scene to the investigating officer’s control. Upon the command of the investigating officer, the towing companies begin their work. Towing companies may need assistance with traffic issues until the roadway is completely reopened. This should be handled by the appropriate law enforcement agency. You should be mindful that IC may change roles, and at times switch back and forth. Cooperation and understanding are essential.

Transfer of the IC duties and responsibilities may be considered as additional resources arrive at the scene. All roadway scenarios are different, so determining to whom and when IC transfer of duties should take place is difficult to put into definitive terms. However, the initial IC should consider the following questions: 1. What is the primary safety issue at the scene? 2. Is there a senior or more experienced individual present to serve as IC? 3. What resources are at the location? 4. How can I best assist? 5. Are my technical or primary skills needed, thereby distracting me from IC duties? [i.e. - If the incident is primarily a medical emergency, the paramedic who was first on the scene may be needed to treat the injured, and not reasonably capable of performing IC duties]

The IC designates a traffic control officer [TCO] for incidents occurring on Interstate or two- lane highways. A TCO should also be designated for incidents along two-lane streets or highways when terrain, weather conditions, road geometrics or other conditions result in insufficient sight distances to allow motorists to observe the incident and react safely.

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The TCO may be a member of law enforcement, fire, rescue, or public works trained in Highway Incident Work Zone management. All responders clearly understand that the IC is the designated commander at this incident and cooperate with their requests and instructions.

The IC should stage unneeded resources away from traffic hazards, and return any unnecessary units to service as quickly as possible. These actions minimize the number of personnel and vehicles at the scene, and time of exposure to traffic hazards.

Size-up: The first on-scene unit from Olmos Park Police Department completes an initial evaluation of traffic hazards, and the service resources needed to efficiently manage the incident. This size-up is then broadcast to all responding resources. The report is concise and includes: 1. Exact location; 2. Number of vehicles and victims involved; 3. Who or what persons, property, or environment is at risk; 4. Presence of entrapment, fire, leaking fuel, spill, power lines, Hazardous materials, etc.; 5. Whether evacuation of the area is necessary; 6. Whether fire, rescue, EMS, Haz-mat, or other special resources are needed; 7. Best route of approach for additional resources; & 8. Parking and placement instructions for responding units.

If the incident involves commercial cargo vehicles or if hazardous materials are otherwise suspected, the officer: 1. Locates the four digit placard on the truck or containers and report this information to the dispatcher for relay to the fire department; 2. Determines and report the composition of the spill; 3. Clears the area of any persons not requiring medical assistance. 4. Does not allow anyone, other than responding personnel, access to the scene; & 5. Refers to the Department of Transportation “Emergency Response Guidebook” for further immediate actions. 6. Moves to a safe distance and preferably upwind [wind on your back as you face the hazardous materials].

Universal Vehicle Traffic Safety Protocols: While at the scene of an incident, all emergency responders: 1. Never trust oncoming traffic; 2. Never step in front of a moving vehicle; 3. Do not conduct non-emergency activities between vehicles parked end-to-end; 4. Avoid turning their back to approaching traffic; 5. Wear appropriate safety equipment, to include: a. Class III visibility garments for law enforcement personnel; & b. NFPA approved turnout gear & helmet for firefighters.

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Vehicle Placement: Vehicles arriving at an incident site may be used to protect the site and the responders, deliver equipment, or perform recovery and clearance. Vehicle placement is critical to ensure the smooth flow of traffic around the site and safety of those working the incident. In general, vehicles are positioned to protect the scene and provide access to needed equipment while minimizing the number of lanes occupied by the responding vehicles and personnel.

Unless conditions at the scene warrant alternative procedures, the following guidelines apply in regards to vehicle placement, to include: 1. Emergency response vehicles park on the shoulder if: a. Traffic lanes are not blocked by wreckage; or b. Lane closure is not necessary for responder safety. 2. If necessary to close a lane of traffic, create an initial block with police [preferred] or other emergency vehicle. 3. If necessary to close the entire road, determine the alternate route especially to needs of large size vehicles. Set up roadblocks at those roads to be used to reroute traffic and assist motorist with directions. Additional units may be required to assist with rerouting the traffic trapped in between the roadblocks. 4. Position the first-arriving fire apparatus immediately downstream of the police vehicle to create a shadow area for operating personnel and subsequent EMS unit arrival and departure. Position the apparatus to protect the pump operator from traffic and allow visibility between the pump panel and the scene, if possible. 5. Turn off sources of vision impairment to approaching motorists at night including vehicle headlights. Remember, emergency vehicle lighting provides warning to approaching vehicles but provides very little positive traffic control. Excessive lighting from numerous response vehicles, especially at night, can confuse motorists and even degrade scene safety by focusing attention toward vehicles and away from personnel. 6. Reserve space for towing units downstream from the incident so that additional lane blockage may not be required. 7. Additional fire apparatus or public works vehicles may be placed in the buffer zone upstream from the initial block to provide more protection for responders.

Traffic Control: An essential part of fire, rescue, spill clean up, and enforcement activities is the efficient and safe control of road users through the incident area. The primary functions of temporary traffic control at an incident area are to move road users safely and expeditiously through or around the incident, and to reduce the likelihood of secondary crashes and injury. Closing or keeping traffic lanes closed greatly increases the risk of secondary incidents occurring. Five [5] minutes of lane closure can result in a fifteen [15] minute traffic interruption.

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The MUTCD includes the elements of temporary traffic control, Flagger procedures, and utilization of traffic control devices. The MUTCD recognizes that the transient and unpredictable nature of many incidents, and states, “For unexpected incidents, particularly those of an emergency nature, temporary traffic control devices on hand may be used for the initial response as long as they do not themselves create unnecessary additional hazards.”

There are two critical locations for traffic control with each incident. They are: 1. Incident scene – area at which emergency responders provide direction in order to move traffic safely past the incident and protect responders working on the incident. If available, traffic cones should be positioned to create a transition zone whenever traffic lanes are re-directed or closed. Cones should be placed approximately ten [10] feet apart. If cones are unavailable, roadway flares, and other devices may be deployed. The taper should begin at the block point and extend 150 feet upstream from the first emergency vehicle. Personnel should deploy and remove the warning devices while facing traffic. 2. End of the traffic queue - area beginning at the incident and, sometimes, extending back for miles. The length of the queue depends on the volume of traffic, the number of lanes blocked, and the attraction of the incident scene to passers-by ["rubbernecking"]. Drivers approaching the end of a short queue may see the incident. However, drivers approaching the end of a long queue may be taken by surprise by suddenly slowing or stopped traffic.

On-scene personnel have very limited perception of the full impact of the incident. As the queue of high-speed traffic grows, so does the likelihood of secondary crashes. It is important to monitor the end of the traffic queue and move the first traffic control and warning to approaching motorists as the length of the queue grows. As you can always use additional traffic controllers, put arriving personnel to work in this capacity. However, in order to efficiently and safely control a traffic scene, agency personnel NEVER: 1. Let wreckers stack up or block lanes of traffic. Use them as warning devices and stand-bys for removing vehicles, or send them away. 2. Use flares [fusees] at incidents involving fuel spills or hazardous materials until authorized to do so by incident command. 3. Hold flares in their hand. Place them on the road surface. Flares eject drops of molten material that penetrate clothing.

Traffic Warning Units [Flaggers]: Personnel should be positioned at the head of the queue [closest to the incident scene] to direct and control traffic, and at the upstream end of the queue to warn traffic to slow down as soon as they are available. Flaggers should be visible to approaching motorists from a distance, in feet, at least ten [10] times the posted speed limit [i.e. - the traffic control point should be visible to oncoming interstate traffic traveling at 70 mph for 700 feet]. Flagger positions may need to be greater depending upon terrain such as hills or curves. Flaggers positioned at the end of the queue should ensure that traffic back up does not interrupt traffic at intersections with cross streets or railroad crossings.

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As practical matter, the flagger can be placed at a distance that is equal to the width of the road x the posted speed limit. For example, a two-lane road at 48 feet in width with a posted speed of 55 mph requires 2,640 feet distance for the flagger. The more lanes of traffic and the higher the speed limit the more distance is needed.

Select a location highly visible to approaching drivers. Avoid the shade if possible, and maintain color contrast between your garments and the work area behind you to the maximum extent possible. Flaggers should wear Class III visibility garments.

Flaggers should be equipped with radio communication in order to receive instructions for the TCO, and to alert on-scene personnel regarding conditions upstream, especially vehicles that refuse to yield to warnings.

Flaggers should use STOP / SLOW paddles if they are available. Remember, motorists can be easily confused by flashlight and flag signals.

The two following diagrams represent traffic control plans for 4-lane and 2-lane highway incidents. Many additional diagrams for less frequently encountered scenarios are available in the MUTCD, section 6-H.

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

Block with fire apparatus here

Spot initial police vehicle here

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

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

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

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

Long-Term Incidents: At major incidents involving fatalities, severe or multiple injuries requiring extensive extrication, hazardous materials, vehicle fires, etc., a full closure in at least one [1] direction of travel may be required. Closing a major highway is a last option and should be avoided, if possible, because of negative effects on safety and traffic flow, not just in the immediate area, but also on the surrounding roadway network and community.

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When initial responders determine that an incident is going to have a major impact on traffic and cannot be cleared in thirty [30] minutes or less, or requires full closure, the public works department [for municipal and county roadways] or the State Department of Transportation [for State and federal highways] should be notified and consulted to evaluate alternatives and request assistance.

If full closure is required, vehicles, trapped between the diversion point and the incident site, are high priority. It may be possible to open the shoulder or a portion of one [1] lane for a brief period in order to let these vehicles pass the incident.

If motorists trapped between the diversion point and the incident cannot pass, a traffic control detail should be assigned to assist motorists. If possible, motorists at the upstream end of the queue should be allowed to reverse direction and travel to the diversion point to re-enter traffic. Personnel should also be assigned to advise motorists of the plan, and to determine if any trapped motorists need assistance.

Page 10 of 10 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Motor Vehicle Accident Policy Number: 5.33 Investigation Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department performs a variety of functions at traffic incidents including providing emergency service to the injured, protecting the accident scene, conducting accident investigations and follow-ups, preparing reports, and taking proper enforcement action relative to incidents.

DISCUSSION:

The purpose of accident investigation is to determine the factors that contributed to and affected the crash, and utilizing that information to prosecute traffic law violators. In turn this information is used to develop other strategies that reduce the frequency and severity of accidents.

PROCEDURES:

Response to Motor Vehicle Accident Scenes: Law enforcement officials of this agency respond to any accident: 1. Involving death or injury; 2. Exceeding the reportable property damage amount established by the Texas legislature; 3. Involving a hit and run; 4. Caused by the use of either alcohol or drugs; 5. Involving hazardous materials; 6. Involving property, vehicles, equipment, or facilities of Olmos Park Police Department; 7. Creating major traffic congestion; 8. Resulting in vehicle damage that requires towing services; or 9. Assisting persons involved with information exchange.

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Law Enforcement Policies and Procedures, 5.33 Motor Vehicle Accident Investigation

Officer Responsibilities – Motor Vehicle Accident Scenes: When officers are dispatched to traffic accidents, they: 1. Give priority to accidents involving injuries over accidents involving no injuries; 2. Conduct a “windshield survey” as soon as they arrive on the scene and immediately report observations to dispatch. Information reported should include: a. Number and types of vehicles, b. Extent of damage, c. Presence of fire or hazardous materials, & d. Conditions and may pose hazardous to other responders such as power lines, etc. 3. Conduct an initial patient assessment to determine the number and extent of injuries and report to dispatch. If there are no serious injuries or hazardous conditions that warrant additional units to continue “code” response, dispatch should be advised; 4. Provide basic emergency medical care to accident victims within the scope of individual officer training and skills; 5. Avoid moving victims from the accident scene unless immediate movement is necessary to protect the victim from further injury; 6. Summon additional help as required by the severity of the accident; 7. Notify the parents or legal guardians of any minors injured in the accident; 8. Protect physical evidence at the accident scene; 9. Preserve, collect, and process evidence including: a. Examining and recording vehicle damage, and the effects of the accident on the surrounding environment, & b. Taking appropriate photographs. 10. Establish a safe traffic pattern and flow around the accident scene; (refer to 4.17 Highway Incident Traffic Control) 11. Locate witnesses and record their statements; 12. Exchange information among all involved parties; 13. Avoid discussing possible civil action; 14. Remove vehicles from the roadway, when possible, allowing for smooth traffic flow; 15. Take appropriate enforcement actions; 16. File the initial report by end of shift following the investigation; & 17. Notify the public works agency of any downed or damaged traffic control devices or signs and remain on the scene to direct traffic until appropriate repairs are made.

An officer should never recommend a towing service at the scene to anyone. If the persons involved are capable, give them the opportunity to choose their own towing company. If they are not from the area or cannot make a decision, the agency investigating the crash should have an established rotation-towing roster. Any towing service should be able to respond to the scene within a reasonable amount of time.

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Follow-up Investigations: A follow-up investigation may be necessary in order to: 1. Collect supplementary scene data; 2. Obtain formal statements from witnesses; 3. Reconstruct the accident scene; 4. Submit evidentiary materials for laboratory examination; & 5. Prepare accident and/or offense reports to support criminal charges arising form the accident.

If a follow-up investigation does identify an offender or offense, an arrest warrant should be obtained.

Safety Guidelines – Motor Vehicle Accident Scenes: In order to minimize the possibility of further injuries, it is the responsibility of all officers arriving on the traffic accident scene to maintain the following safety guidelines: 1. Park police vehicles without endangering pedestrians, motorists, or citizens. The police vehicle may be used as a shield for the protection of the officer and all accident victims. 2. If reduced visibility or darkness, wear a reflector safety vest. Flares are also available in each police vehicle for use in creating an illuminated warning pattern to alert other motorists (but flares should not be used if gasoline or other hazardous substances are present). The objective is to protect the scene and participants and to temporarily detour traffic safely around the scene. 3. The Fire Department should be called out: a. In case of danger of fire from leaking ruptured gas tanks; b. Where there is any major crash entanglement of two or more vehicles; or c. If extrication of any person is required; or d. Where there is any sign of hazardous materials having been transported. 4. Police vehicles should be equipped with a copy of the current Emergency Response Guidebook, which permits both rapid identification of vehicles designed to carry hazardous materials and hazardous materials placards. The Emergency Response Guidebook provides information concerning preliminary emergency procedures, evacuation distances, etc. 5. The Fire Chief assumes control of any scene involving hazardous materials and all law enforcement officers provide support as required. Any investigation of the accident may only occur after approval by the Fire Chief. 6. Any property belonging to accident victims is protected from theft or pilferage, and brought to Olmos Park Police Department, properly tagged and held for any accident victims unavailable to receive those items at the time of the accident.

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General Guidelines – Accident Reports: All officials of this agency maintain the following guidelines regarding accident reports:

1. All motor vehicle accident reports of the agency are open to public inspection at all reasonable times, within two (10) days of the date of occurrence. 2. An accident report is filed on all accidents occurring on public property within this jurisdiction including any highway, roadway, street, or public parking lot. 3. Accident reports may not be completed if property damage does not exceed the reportable amount established by the Texas legislature for any accident occurring on private property. 4. Accidents involving only property damage, occurring during extremely inclement weather, may be handled in the following manner by dispatch if approved by the Police Chief: a. The employee taking report records the name, address, operator license number, and telephone number of all involved drivers. b. All involved parties are advised to file an incident report at Olmos Park Police Department within forty-eight [48] hours of the accident.

Accidents Involving Olmos Park Equipment: All accidents involving Olmos Park equipment are investigated by a certified accident re-constructionist, if available. If a police vehicle is involved, a supervisor is called to the scene of the accident, as well as Internal Affairs. The driver fills out an accident report, and forwards a copy to the Police Chief for approval.

In cases where the accident involves a law enforcement vehicle, it is recommended that another law enforcement agency, having jurisdiction to investigate accidents be summoned for the investigation. This eliminates the possibility of prejudice.

DWI or DUI Related Motor Vehicle Accidents: When driving while intoxicated or driving under the influence [DWI or DUI] appears to be a causal factor in the accident, officers take immediate action. If the DWI suspect is still available he is arrested and transported for a blood alcohol (breath) test, unless medical treatment is indicated. If the DWI suspect has already been transported to a hospital, an officer, in accordance with state law and agency policy, attempts to obtain a blood sample from the suspect. If the officer is unable to obtain a sample he is to ask an attending nurse if the hospital is going to perform a toxicology screen for treatment purposes. If so the medical records may be subpoenaed at a later date to determine the suspect’s blood alcohol level. If the arrestee is found to be under the influence of drugs or alcohol, the driver of the other vehicle may sign an affidavit against that individual.

Page 4 of 4 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Transporting Arrested Persons Policy Number: 5.34

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Personnel of Olmos Park Police Department take all reasonable precautions necessary to protect the lives and promote the safety of the officers, the public, and the person in custody while transporting detainees.

PROCEDURES:

Prior to Transport: 1. All detainees are thoroughly searched for any weapons or contraband (See policy regarding Searches) prior to transport. 2. The search should be conducted by an officer of the same sex of the detainee, whenever possible. 3. Transporting officers should search each detainee. 4. Transporting officers provide the dispatcher with the following information when possible: a. Identity of the detainee, (this information, along with a DOB, should be given so a warrant check can be completed); b. Arrest location and destination of transport; & c. Time and mileage readings before and after transport is complete. 5. Assist the detainee into the vehicle for transport.

Transport Guidelines: Detainees are transported in the following manner: 1. Arrestees should only be transported in vehicles equipped with security screens. Exceptions require permission of a supervisor, and the assistance of a second officer. 2. The arrestee sits in the rear-right seat and the second officer sits behind the driver. The second officer secures his weapon prior to transport. 3. Leg restraints are used when detainee’s exhibit violent behavior or an officer believes the detainee has a potential for violent behavior.

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4. All detainees are secured in the vehicle by proper use of a seatbelt except in situations where circumstances exist that would otherwise present more danger to the officer or the person being transported. 5. Any wheelchairs, crutches, prosthetic devices, and medication should be transported with, but not in the possession of, the detainee. 6. Transport of detainee’s for any reason after incarceration, is accomplished by sworn officers or specially trained transportation officers. 7. Detainees may not be left unattended during transport. 8. In the event of a detainee escape all information is immediately reported to the communications center by means of the police radio.

Vehicle inspection: All vehicles regularly used for detainee transport are inspected at the beginning of each shift as follows: 1. The safety screen is securely in place and undamaged; 2. All windows are intact, and outer door latches in proper working order; 3. Rear seat door handles and window controls should be deactivated; 4. The interior is thoroughly searched to ensure that no weapons or contraband have been left or hidden within the vehicle. Special emphasis is placed on inspecting under the rear seat and floorboard area; 5. Should any problems with the vehicle be discovered or any contraband or property of any kind is located inside the vehicle, the information be documented on the Vehicle (Unit) check sheet as outlined in the agency policy manual; & 6. After each detainee transport, the vehicle is searched again after the detainee has been delivered to the detention facility or other destination.

Handcuffing: 1. Officers handcuff (double locked) all detainees with their hands behind their back and palms facing outward. 2. Officers may only handcuff detainees with hands in front, or utilize other appropriate restraining devices if the detainee: a. Is in an obvious state of pregnancy; b. Has a physical handicap; or c. Have injuries that could be aggravated by standard handcuffing procedures. 3. Detainees may not be handcuffed to any part of the vehicle during transport. 4. Additional approved restraint devices may be used to secure a detainee who violently resists arrest or who manifests mental disorders such that he poses a threat to himself, the transporting officer(s), or the public.

Page 2 of 2 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Emergency Vehicle Operations Policy Number: 5.35

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department officers adhere to statutory and other safety requirements when operating motor vehicles, and especially during emergencies. Safety of the public and officers are a critical component of decision making under both routine and emergency conditions.

DEFINITIONS:

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

 Emergency Vehicle - An authorized law enforcement, medical, or fire or specially equipped vehicle with emergency warning devices and used for emergency response situations.

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PROCEDURES:

Safety Guidelines: As a practical matter, emergency response, patrol, transport, and other vehicles operated by this agency make every reasonable effort to obey all traffic laws, and use defensive driving tactics. Employees of Olmos Park Police Department are expected and required to display safe and exemplary conduct while operating motor vehicles. This includes obeying all traffic laws, such as activation of traffic warning devices and posted speed limits.

It cannot be overstated how important it is for officers to set a good example when operating an emergency vehicle. Members of the public often watch our every move during a declared emergency, and expect us to set the example for life safety. Conditions to consider often include traffic flow, weather, visibility, and nature of the service call.

Assigning & Determining Response Modes to Calls for Assistance: There are several ways to declare an emergency, and operate outside of the normally applied traffic law of this state, as these laws relate to speed, turns, and safety warning devices for the public. These means all require declaring an emergency. Those who can declare an emergency are: 1. Patrol officer operating the vehicle; 2. Supervisors; & 3. Dispatch.

Field supervisors or communications personnel assigning officers to respond to calls for assistance normally advise which response mode is appropriate. Dispatchers and field supervisors are responsible for monitoring response modes and have the authority to upgrade or downgrade response modes, based on their knowledge of the changing conditions of the situation or incident.

When officers determine the need to initiate emergency mode in response to sudden occurrences, they first activate emergency warning devices and immediately inform communications personnel of the: 1. Fact that emergency signaling devices have been activated; 2. Critical details of the situation; & 3. Location, route, & intended destination or action.

Use of Emergency Warning Devices While in Emergency Mode: The following conditions normally apply to all vehicles equipped with emergency signaling devices: 1. Emergency lights and/or siren and other emergency signal devices are activated at the beginning of every emergency response or vehicle pursuit. 2. Headlights are also activated to augment the emergency vehicle’s visibility when operating in emergency mode.

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3. Four-way flashers are not used when the emergency vehicle is in motion because they may interfere with brake lights and turn signals. 4. Vehicle spotlight is primarily used to facilitate building and stationary vehicle checks and is not activated when commencing a pursuit or while driving at high speeds, responding to an emergency. In addition, it is never directed at the windshield or into the vision of oncoming drivers. 5. Emergency signal devices may be deactivated at a reasonable distance from the scene, as determined by the vehicle operator, so as not to alert subjects. When deactivation occurs the patrol driver returns to a safe slower speed and obeys traffic-warning devices. 6. When emergency signal devices are deactivated, the operator of the emergency vehicle complies with posted speed limits, obey all traffic control devices and signals, and proceed in a manner consistent with normal traffic flow.

It is important to remember that during an emergency response or vehicle pursuit, warning devices assist in the protection of the public by providing warning of potential or approaching danger. As such, officers consider the deactivation of emergency equipment, once an emergency or pursuit is in progress.

Use of Emergency Warning Devices While Conducting Vehicle Stops: Visible warning devices are used to make adequate notice of intent to stop a motor vehicle and to provide a safe environment for the vehicle operator, officer, and public. On occasions, it may be necessary to activate the audible signaling device. When stopped along a public roadway, the officer positions his vehicle to the rear of the motorist’s vehicle, and the visual signaling devices remain on throughout the stop process.

Discretionary Use of Emergency Warning Devices: Officers may activate emergency signal devices when required to assist in handling any perceived emergency. In doing so, officers advise communications personnel of the nature of the emergency and the emergency response mode that has been undertaken.

In other than declared emergencies, when expediency is required to eliminate a potential hazard to the public, officers may activate emergency warning devices to allow orderly and safe transit. Examples of permissible uses of emergency warning devices during non-emergency response situations include, but are not limited to: 1. Using emergency lights as warning beacons to protect disabled motorists; 2. When signaling another officer or citizen of their location or movement; & 3. Using emergency lights when it is necessary to use vehicles as protective barriers.

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

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Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Vehicular Pursuit – Prohibitive Policy Number: 5.36

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

High-speed vehicular pursuits are critical incidents. The way in which high-speed vehicle pursuits are responded to, performed, terminated, and supervised is an important element of protecting the public we serve. Due to the unique conditions within the community we serve the Police Chief has determined that high-speed pursuits are generally prohibited except in exigent circumstances, and when occurring are authorized and controlled as defined by this policy.

DEFINITIONS:

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

 Boxing-in - A technique whereby two or more patrol units move into positions around the fleeing suspect vehicle, forcing a box. Once the box is formed, all officer units slow, causing the violator in the box to slow as well. This can also be considered a form of rolling roadblock.

 Channeling - A form of boxing-in, or setting of conditions by emergency vehicles that directs vehicular traffic, or the suspect’s vehicle, onto another roadway or into an area of limited escape. Depending on the form, this can also be considered a type of rolling roadblock.

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

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

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

 Offset Position - Moving the officer’s unit approximately one-half the length of either side of the fleeing vehicle while continuing to trail. This offset position allows the officer to see oncoming traffic, and to expose emergency warning lights to the view of oncoming vehicles. From this position officers can more readily anticipate the suspect’s actions, and possibly influence suspect turns at intersections.

 Pursuit Intervention Technique [PIT] - See the definition of Controlled contact, above.

 Primary Unit - The law enforcement unit that first joins the pursuit or any unit that assumes the lead pursuit vehicle position.

 Pursuit Management Continuum - A specific type of resistance-control continuum or matrix, reflecting the relationship between pursuit causation factors

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and the tactics and techniques that may reasonably be used in the apprehension of the fleeing suspect. The continuum supports the decision-making process by outlining tactical initiation, continuation, and termination options and tactics.

 Roadblock - Placing vehicles or objects in the path of a suspect’s moving vehicle to encourage or force it to stop. Roadblocks are generally described as stationary, or rolling [moving]. Stationary roadblocks are set at a fixed point, and all elements or equipment are stationary. Rolling or moving roadblocks move with the flow of the pursuit with the intent of gradually reducing speed or changing direction, thereby supporting the eventual stop.

 Secondary Unit - Any law enforcement vehicle that becomes involved as a backup to the primary unit, and follows in the direct path of the pursuit or supports the primary unit at a safe distance.

 Tactical Vehicle Intervention [TVI] - See the definition of Controlled contact, above.

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DISCUSSION:

Considering the Police Chief’s commitment to protecting the general public, and specifically innocent life, high-speed vehicular pursuits are conducted under the guidelines of this policy.

Violators fleeing in a vehicle by employing high-speed or reckless conduct present an unpredictable danger to the general public, officers, and the suspects themselves. Of particular importance is the possibility of damage or injury this violator may cause to members of the public who are not involved in the pursuit. This threat to the public may continue or even increase even after a pursuit has been terminated unilaterally by officers. There is no legal or scientific basis to conclude that by officers disengaging from a pursuit, the violator now follows all traffic laws. Reasonable officers know that most pursuits start when an officer observes a moving violation that if left unchecked ultimately endanger other motorist at a later date or time.

There are no easy answers when it comes to deciding when to continue or terminate a high-speed pursuit. The U.S. Supreme court has observed that officers making these decisions are often given the . . . choices between two evils.

Although most pursuits end in an arrest, and without injury, it is impossible to predict the behavior of others, especially when they are behind the steering wheel of a vehicle. A suspect willing to travel at high-speeds and exhibiting erratic and violent behavior is a serious threat to the general public, with or without the presence of the officer. Vehicle pursuit conditions are tense, uncertain, and rapidly evolving situations. Under such conditions officers should continually assess the risk to themselves and the general public.

Exigent Circumstances & Requests to Participate in Vehicle Pursuit: High speed pursuits are not to be conducted by officers of this agency, nor do officers participate in high speed vehicle pursuits where other agency are attempting to contain a fleeing suspect, without the prior approval of the Police Chief or his/her designee. Request to conduct or participate in a vehicle pursuit is only made after the requesting officer has determined exigent circumstances exist.

The determination of exigent circumstances may be based on observed behavior of the suspect, reports, or officer perception that the fleeing suspect has attempted or committed: 1. Homicide, seriously injured, or aggravated assault, to include such acts with a motor vehicle; 2. Kidnapped another or has a hostage; 3. Violent sexual assault or rape; 4. Terroristic or active shooter incident; 5. Armed or aggravated robbery or other imminent life-threatening activity; 6. Is a reported or suspected violent felon; and/or

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7. If he/she remains at large there is an imminent serious threat to the public.

PROCEDURES:

1. Only officers who have been trained in pursuit driving are authorized to request or participate as a driver in a high-speed vehicle pursuit. 2. Law enforcement officers having determined that exigent circumstances exist, immediately notify the Police Chief or his/her designee, and ask for permission to engage or continue the pursuit. If affirmative permission is not granted the officer immediately terminates involvement in the pursuit, and notify dispatch of the decision. 3. In deciding whether to seek permission to engage in or continue a vehicle pursuit, officers may consider: a. Observed or reported offense(s); b. The continued threat the violator poses to others, if their dangerous conduct continues unchecked; c. Road, weather, and environmental conditions; d. Population density, and vehicular and pedestrian traffic; e. Relative performance capabilities of the pursuit vehicle and the vehicle being pursued; f. Presence of other persons in the police vehicle and vehicle being pursued [if known]; g. Skill, training, and experience of the pursuing officer; h. Alternative means or opportunity of apprehending the violator; &/or i. Officer’s knowledge of the area and roadways.

Officers are cautioned not to rely solely on a license plate number and vehicle descriptions when determining if the suspect may be apprehended at a later date. A license plate may identify the vehicle but does not identify a violator. Officers know that a license plate may be on the wrong vehicle, or be on a stolen vehicle. What’s more, once the vehicle is no longer observed by the officer, the chain-of-evidence is broken.

Pursuit Officer Responsibilities: 1. Pursuing officer activates appropriate warning equipment, including audible siren and emergency signaling lights to signal the actor to stop, and to provide continued warning to the public. 2. Notify dispatch that a violator has initiated a high-speed pursuit, and the officer is following. Time and conditions permitting, the officer provides the following information: a. Unit identification; b. Description and license number of the fleeing vehicle, if known; c. Initial and subsequently observed offenses; d. Location, speed, and direction of travel of the fleeing vehicle; & e. Number of occupants in the fleeing vehicle, and descriptions, if known.

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Failure to provide this information may result in a supervisor decision to terminate the pursuit. 3. Keep communications updated on the progress of the pursuit. 4. All emergency vehicle operations conform to traffic laws and regulations. 5. Unless circumstances dictate otherwise, a pursuit is limited to no more than two emergency vehicles; a primary and a secondary (back-up) unit. All other personnel stay clear of the pursuit, unless instructed to participate by the controlling supervisor or primary pursuit officer. A third unit in the pursuit can be a K-9 unit, and does not require approval of a supervisor. 6. Any primary or back-up unit sustaining damage or failure of essential vehicular equipment during pursuit discontinues pursuit. The withdrawing unit notifies communications so that another unit may be assigned to the pursuit. 7. Primary pursuit unit becomes secondary when the fleeing vehicle comes under air surveillance or when another unit has been assigned or assumes primary responsibility. 8. When air surveillance is established, all units directly involved in the pursuit follow the directions of the air unit, as long as visual contact is maintained by the aircraft. 9. A primary unit becomes the secondary unit when the primary unit determines any conditions unfavorable for that unit to be the lead unit.

Communications Center Responsibilities: 1. Immediately advise a supervisor of essential information regarding the pursuit, and designate a controlling supervisor, if available. 2. Carry out the following activities and responsibilities during the pursuit: a. Receive and record relevant incoming information about the pursuit and the pursued vehicle and suspects; b. Request another Communications Officer to assist with recording the information and communications on other radio channels involved in the pursuit; c. Control radio communications and clear radio channels of all non-emergency calls; instruct non-direct units to use a designated support channel; d. Obtain criminal record and vehicle checks of the suspects; e. Coordinate and dispatch back-up assistance, as directed or requested; f. Notify neighboring jurisdictions, when practical, that the pursuit may extend into their locality; g. Place emergency medical, fire, or hazardous materials responders on standby for rapid response in case of injury to persons, fire, or hazardous materials incident; & h. Verify the location and type of termination.

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Police Chief, Designee, & Supervisor Responsibilities: The Police Chief designates individuals who can responds to officer requests to conduct high-speed vehicle pursuits. This information is made available to officers and updated periodically as needed. It is the responsibility of the Police Chief’s designees to: 1. Make a determination as to allow or terminate a request to engage in or continue a pursuit; 2. Continually monitor evolving events, and provide direction, leadership, and instructions; 3. Summon additional assistance and resources as needed; 4. Coordinate, direct, and reinforce use of proper procedures; 5. Where possible, respond to the route where a pursuit is occurring, and to the location of the stopped vehicle, once the pursuit has ended; 6. Insure that the Police Chief is kept appraised of the decision, action taken, and results; & 7. Insure that that all after action reports are properly documented.

PURSUIT TACTICS: 1. Officers do not normally follow the pursuit on parallel streets unless authorized by the controlling supervisor or when it is possible to conduct such an operation without unreasonable hazard to other vehicular or pedestrian traffic. 2. When following the suspect vehicle, officers try to obey the three to four second rule, attempting to stay at least three to four seconds behind the suspect vehicle, as determined by estimating the passing times of fixed objects. 3. Patrol units with the most prominent markings and emergency lights are used to pursue, particularly as the primary unit. 4. A decision to discharge firearms at or from a moving vehicle is governed by the agency’s Use of Force & Deadly Force policy. 5. Use of roadblocks is governed by the agency’s Roadblocks policy. 6. Officers use appropriate safety tactics, and keep in mind the necessity to use only reasonable and necessary force to take suspects into custody. 7. Secondary or back-up officers, if available, affect arrests; the pursuing officer assumes the role of backup, if feasible.

Pursuit Termination Tactics: The decision to terminate a dangerous vehicle pursuit with force, that is, to use a patrol car as a weapon or other deadly force instrument was established by the U.S. Supreme Court in Scott v. Harris, No. 051631 on 30 April 2007. In this decision the court established the follow “Rule”:

 The Rule: An officer’s attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of serious injury or death.

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The Police Chief, has determined that such a use of force is a critical use of force incident, and should be employed only when it is perceived that the threat to officers and other innocent life is clearly present. 1. Any officer engaged in or supporting the pursuit may terminate the pursuit at anytime. 2. Olmos Park officers will terminate all high-speed pursuits of evading suspects who have only committed a Class C misdemeanor, if they do not have the violator stopped by: a. McCullough: i. Northbound by Jackson Keller Road ii. Southbound by Summit b. West boundary of Alamo Heights City limits c. Hildebrand at Hwy 281 (Officers will not pursue evading suspects onto Hwy 281) d. Any street intersecting at San Pedro Avenue (Officers will not pursue evading suspects on San Pedro Avenue) e. Basse Road and Hwy 281 (Officers will not pursue evading suspects onto Hwy 281) f. Hildebrand and Stadium Drive g. Shook Avenue at Summit 3. Generally, once a violator starts a high-speed vehicle pursuit it is successfully terminated because of one or more of four means: a. Violator decides to stop the pursuit; b. Officer termination due to unfavorable conditions as perceived by an officer; c. Officer termination when the suspect is positively identified and may be arrested at a later date; and/or d. Successful results from the deployment of termination tactics, techniques, or devices. 4. Primary pursuing unit and supervisor continually re-evaluate and assess the evolving situation, including the violator’s actions, and terminate the pursuit whenever he or she reasonably believes the risks associated with continued pursuit are greater than the public safety benefit of stopping the violator’s dangerous behavior by making an immediate apprehension. 5. In the event of a collision involving a vehicle or person, a back-up officer stops and renders assistance, including calling for medical assistance as necessary. 6. Intervention tactics short of deadly force [spike strips, roadblocks, low speed tactical intervention techniques, low speed channeling (with appropriate advance warning), etc.] may be used when it is possible to do so in safety, and when the officers utilizing the technique have received appropriate training in the applied tactic. Beyond the discussions contained in other portions of this policy, here are some tactical issues to consider: a. Trailing – The tactic of trailing can be employed at most speeds, however involves no immediate efforts to stop the suspect. Depending on officer

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perceptions and tactics, an incident may evolve from pursuit mode to a trailing mode, and back to a pursuit mode. b. Roadblock – An important tactic to consider. Always be employed in conjunction with the agency’s Roadblocks policy. c. Channeling – Can sometimes be effective in redirecting the escaping vehicle away from other traffic or congested areas, or influencing the pursued driver into other desired areas. d. Boxing-In – Requires a high degree of training and good communications. When using three law enforcement vehicles, the fourth side is to be a natural or man-made barrier such as a guardrail, fence, wall, or tree line. The boxing-in tactic is usually most effective on slow moving vehicles. Boxing-in can be used effectively to slow the speed of a pursuit and force the suspect to stop.

e. Controlled Contact - Intentional contact between vehicles at high-speed, is only used in those case and instances where the pursuing officer determines that the danger created by the fleeing suspect to the general public is HIGH, and that timely intervention may save innocent lives. Remember, contact between an officer’s unit and the suspect’s vehicle is either intentional or unintentional. Clearly, ramming is an intentional act. Ramming and PIT are intended by the officer to accomplish some type of termination or re-direction of the pursuit. i. PIT and TVI maneuvers are most effective between about 25 and 45 MPH. ii. Anything less than 25 mph won't work. There is not enough inertia to be effective. 1. Over 45 mph and the reactions of the two vehicles at greater speeds are unpredictable. 7. When an officer terminates a pursuit, and/or trailing the officer should: a. Decrease speed to the posted limit or less; b. Turn-off all warning equipment such as audible siren and emergency signaling lights; c. Notify dispatch of the pursuit or trailing termination, location of the officer, and reason for the termination; & d. With caution, resume other duties.

PURSUIT MANAGEMENT CONTINUUM:

To better understand the dynamics of any motor vehicle pursuit, the policy of the Police Chief, the associated decision-making process, and tactical options look at a pursuit management continuum. Our Pursuit Management Continuum is based on several fundamental concepts: 1. Officers can disengage from pursuit or de-escalate the control mechanisms being used any time they reasonably believe it to be appropriate.

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2. Control alternatives available in a pursuit assume officers and supervisors use proper tactics and reasonable decision-making and not take into consideration the worst possible result. While it is possible that lethal harm can result from the use of lower level control methods, it is not the officer’s intended result. The actual outcome should have nothing to do with the reasonableness or unreasonableness of an officer’s actions. The questions should be: a. Did the officer attempt to apply the technique or tactic correctly and judiciously; & b. Were the officer’s intentions in good faith? 3. Escalation and de-escalation of the continuum is keyed to the level of pursuit causation factors at work and the escalating risk factors. Officers evaluate the totality of the circumstances in which they find themselves when making decisions. 4. Officers should attempt to stay at, or below, the control level that matches the pursuit level [i.e., Level Two Pursuit = Level Two Control]. The suspect’s deliberate escalation of the pursuit level typically causes officers to consider escalating the control level. 5. Decisions regarding the use of particular pursuit control tactics should not be based solely on the likely liability exposure, but should give significant consideration to the degree of risk faced by the involved officers, and the general public. 6. As with other tactical considerations, officers should only utilize tactics and techniques for which they have been trained.

Use of Force & Pursuit Management Continuum Relationships To better understand the application of the Pursuit Management Continuum and how it can aid officers, review the Use of Force Continuum in 05.01 Use of Force & Deadly Force. The concept in each is to attempt an application of the least force necessary to bring the suspect into compliance.

Obviously no two scenarios are the same. A suspect might enter either the Use of Force Continuum or Pursuit Management Continuum at any level. Officers faced with each situation may likewise enter at any control level that is reasonable, based on the totality of the circumstances. Fortunately, for officers and the public, the great majority of offenders safely yield at the mere presence of an officer. It is the criminal actor that does not apply good reason and yield that makes the associated decision making process difficult and dangerous for officers and the general public.

Page 10 of 13 Law Enforcement Policies and Procedures, 5.36 Vehicular Pursuit - Prohibitive

Page 11 of 13 Law Enforcement Policies and Procedures, 5.36 Vehicular Pursuit - Prohibitive

Pursuit & Control: To better understand the Pursuit Management Continuum on the previous page it is important to understand that the degree of risk of public harm can be classified at three levels, as can the techniques and tactics employed to control pursuits. Pursuits at a certain level reasonably justify use of control techniques from the corresponding control level or lower [i.e., Level Two Pursuit = Level Two & Level One Controls].

The various control techniques can be grouped as to their general traits and common elements. These are:

1. Initial Interaction – Techniques that represent a relatively low risk of injury to the officers and the public. Often naturally occurring, these techniques do not require any special resources or personnel. 2. Active Intervention – Techniques that require additional personnel, specialized equipment or training, and/or advanced planning. These tactics represent a greater degree of risk to officers and the public. Additionally, these techniques usually constitute seizures under the Fourth Amendment of the U.S. Constitution. 3. Critical interdiction – Techniques that represent the greatest degree of risk to officers. These techniques approach and contemplate the use of deadly force, and should only be undertaken when high levels of control are necessary.

Control Levels: 1. Level 1 Pursuit/Level 1 Control – A pursuit initiated to apprehend an individual fleeing after committing a simple traffic offense or less serious crime. Pursuit for these offenses can be justified, yet many of the more hazardous pursuit tactics should not be used, due to the minimal potential for public harm. Techniques and tactics that are generally acceptable in these instances are: a. Relaxed interval; b. Offset position; c. Reduced interval; d. Controlled deflation devices; &/or e. Stationary roadblocks. 2. Level 2 Pursuit/Level 2 Control – Pursuits that are initiated or continued for very hazardous traffic offenses such as driving while intoxicated, reckless driving, or felonies. Either the originating offense or an offense that occurs during the pursuit, present a high level of danger to the public, but not so high that deadly force is routinely justified in the apprehension attempt. Level 2 control techniques are more aggressive in nature, and call for officer vehicles to move in front of a fleeing suspect. Techniques and tactics that are generally acceptable in these instances include Level 1 approaches, and: a. Rolling roadblocks; b. Boxing-in; &/or c. Controlled contact. 3. Level 3 Pursuit/Level 3 Control – These pursuits are initiated or continued following an officer’s perception that a life-threatening felony has just occurred

Page 12 of 13 Law Enforcement Policies and Procedures, 5.36 Vehicular Pursuit - Prohibitive

that justifies the use of deadly force in the apprehension of the fleeing suspect. Examples include armed robbery, assault with a deadly weapon, attempted or actual assault with a motor vehicle, aggravated kidnapping, murder, etc. The offense may be the initiating cause for the chase or an observed suspect behavior during the chase. Level 3 control techniques can be extremely hazardous to the officers that attempt them and the general public, and should only be utilized in emergency situations where a human life is already at great risk. In essence, Level 3 control techniques are almost indistinguishable from the use of deadly force; therefore, officers considering their use should ask themselves if the death of the violator is acceptable as an outcome to the event. Techniques and tactics that are generally acceptable in these instances include Level 1 and Level 2 tactics, and: a. Uncontrolled contact; & b. Use of firearms.

OTHER TACTICAL & OPERATIONAL CONSIDERATIONS:

Inter-Jurisdictional Pursuits: 1. Pursuing officers notify communications when it is likely a pursuit crosses into neighboring jurisdictions. 2. When pursuits enter other jurisdictions, officers are governed by the policies of their own agencies, known inter-local agreements, and state law. 3. If necessary, request communications operators in other jurisdictions use plain talk. There should not be any use of ten codes, local jargon, or other coded communications; as other officers involved in the pursuit may not understand or respond to an unfamiliar coding system.

After-Action Reporting: 1. All officers participating in a high-speed vehicle pursuit file a written report or supplement the report of the primary officer, on the appropriate form detailing the circumstances, their actions, and observations. An after action report is filed whether an apprehension is made or not. Tracking all pursuits is an important element of the agency’s training and policy planning process. 2. A copy of the post pursuit report is forwarded to the command staff for an internal review. 3. Supervisors and the training officer determine whether policy was followed and identify training deficiencies or areas needing attention.

Training: Officers who operate emergency vehicles receive initial and periodic update training on the agency’s pursuit policy and safe driving tactics. Only those officers trained on PIT or TVI techniques or other equipment or termination techniques are authorized to deploy or attempt these maneuvers.

Page 13 of 13 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Ride Along Policy Number: 5.37

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Civilian passengers are permitted in police vehicles only when specifically authorized for ride-along or when transported under official police business. Civilian observers may occasionally accompany law enforcement officers while on patrol in order to observe and learn about law enforcement procedures and practices. Civilian observers are to be authorized by the Police Chief or designee. Employees who violate this policy are subject to disciplinary action, assume responsibility, and may be found to have personal liability for their actions.

DEFINITION:

PROCEDURES:

Authorization Process- Ride Along: Any person or group wishing to participate in this program is referred to the Police Chief or designee for processing of a “Ride Along Program Application” and a “Ride Along Program Release of Liability Form.” Both the application and form are processed, and based on information developed. The applicants are notified as to whether or not they are qualified to participate. In most situations, law-abiding citizens wishing to participate and who have completed all necessary requirements are granted that opportunity. Convicted felons or suspects in criminal activity are not allowed to participate. A criminal background check is performed on all applicants to verify criminal record.

Civilian Rules- Ride Along:

Page 1 of 2 Law Enforcement Policies and Procedures, 5.37 Ride Along

If the civilian is approved to ride along with a sworn law enforcement officer, they are responsible for following the rules and regulations of the program to ensure a safe and enjoyable experience. The civilian rider: 1. Does not participate in the ride along program more than two (2) times in a calendar year; 2. Does not ride with the same officer more than one (1) time in a calendar year; 3. Only rides with officers approved by the Shift Supervisor; 4. Is not allowed to exit the police vehicle, at any time, to assist the officer on a call, except in officer down situations; & 5. Never carries a firearm or any other weapon while on a ride along.

Officer Rules – Ride Along: The officer is to: 1. Explain the hazards associated with riding in a police vehicle; 2. Explain radio safety equipment including emergency radio procedures; 3. Ensure that the passenger wears a seat belt; 4. Ensure that the passenger exits the vehicle in a relatively safe location prior to participating in high-risk activities such as high-speed pursuit or response to “shots fired” calls; and notify communications of the location the ride along was left so that some arrangements can be made to assist with alternative transportation 5. Explain that the passenger may be required to testify as a witness to criminal activity observed during the ride-along.

Media Ride Along: Media representatives complete a “Ride Along Program Application”, and a “Ride Along Program Release of Liability Form”. The Police Chief reviews both documents and approves or disapproves the applicant. If approved, individuals are allowed to ride along with a police officer approved by the shift supervisor.

Representatives of the media are prohibited from: 1. Entering private residences or any other location where there is a reasonable expectation of privacy. (Supreme Court case of Wilson v. Layne); 2. Assisting the officer on call except in officer down situations; 3. Carrying a firearm or any other weapon while on the ride along; & 4. Releasing any information, photographs, or videotape to the public unless regarded as public information, (as defined in this policy), by the agency. 5. Showing the faces of juveniles unless they have been involved in a serious felony crime or otherwise authorized by a higher command.

Page 2 of 2 RIDE ALONG PROGRAM APPLICATION

All civilian personnel are required to complete the following application in order to participate in a ride along with a sworn police officer. At least two forms of identification must be presented, (including at least one government issued photo identification), with this application before any authorization is completed.

1. Full Name: ______2. Drivers License Number and State: ______3. Address: ______4. Previous address: ______5. Date of birth: ______6. Social Security Number: ______7. Place of employment: ______8. Length of employment: ______9. Previous employer: ______10. Name of spouse: ______11. Maiden name (if applicable): ______12. Have you ever been arrested, and if so for what reason: ______13. Nickname(s) used: ______14. Number to call in case of emergency: ______15. Current illnesses or medications: ______16. Known allergies: ______17. Blood type: ______

Page 1 of 2

RIDE ALONG PROGRAM RELEASE OF LIABILITY FORM

I, (full name of civilian) ______fully release Olmos Park Police Department of any liability resulting from any injury as a result of ordinary negligence that I might receive as a result of riding with a police officer in a police vehicle. I have been informed of the possible dangers associated with law enforcement work and understand that there are dangers involved in riding in a police vehicle for which a police officer is on patrol, issuing traffic citations, serving warrants for arrest, responding to various types of crimes or calls for service, and making physical arrests when necessary. I also agree to abide by all the rules associated with the ride along program. Rules include the following:

1. Riders will remain in the police vehicle at all times unless otherwise instructed by the officer with whom they are riding. 2. Riders will not communicate with anyone who is the subject of a police investigation, arrested, or otherwise involved in any police action. 3. Riders will not carry or attempt to use any type of weapon. 4. Riders will follow all instructions of the officer with whom they are riding.

Date: ______Time: ______

Rider Name: ______

Signature of Rider: ______

Name of Officer arranging the ride along: ______

Signature of Officer arranging the ride along: ______

Name of Witness: ______

Signature of Witness: ______

Page 2 of 2 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Vehicle Maintenance Policy Number: 5.38

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Motor vehicles operated by Olmos Park Police Department are maintained, repaired, cleaned, and serviced as a matter of planned routine. As part of this plan, vehicles are inspected by the operator daily before use.

PROCEDURES:

1. Drivers of each vehicle ensure that their assigned vehicles (units) are properly maintained, and inspected before each shift. Any problems associated with any of the vehicles are documented on a Vehicle Maintenance Form and forwarded to the Shift Supervisor 2. Vehicle Maintenance Forms document information pertaining to the condition of the vehicle, including: a. Mileage; b. Condition of tires; c. Tire pressure; d. Condition of exterior, (dirty, damaged, etc.); e. Condition of interior, (dirty, damaged, etc.); f. Gas; g. Oil and other fluid levels; h. Battery cables; i. Battery water; j. Exterior lights, (headlights, taillights, blinkers, parking lights); k. Horn; l. Emergency equipment, (emergency lights, siren, overhead speaker); m. Radar unit (if so equipped); n. Closed Circuit Television [CCTV] system; o. Spotlights; p. Spare tire; q. Communications equipment, (police radio); r. Fire extinguisher; s. Prisoner passenger area; &

Page 1 of 2 Law Enforcement Policies and Procedures, 5.38 Vehicle Maintenance

t. Any property (contraband or other) located in the vehicle, where the item(s) was located, and a brief summary of property disposition, placed in evidence, and secured by senior officer, etc. 3. A comments section is available on the form is for explaining any problems, mechanical or other, associated with the vehicle. 4. Following inspection, any defects, including body or interior damage, are properly documented and reported immediately to the supervisor prior to beginning the tour of duty. 5. Each officer searches the vehicle they operate prior to the start of a shift, and after any person is placed in or transported in the vehicle. 6. Shift Supervisor is responsible for assuring that all vehicles are washed and cleaned regularly. This should not be necessary every day, but the vehicles should always be neat in appearance. 7. Shift Supervisor is responsible for assuring that all preventive maintenance, oil change, brakes repaired, etc. is accomplished on any vehicle that needs service. 8. Police Chief is made aware of any problems with vehicles by reviewing every vehicle check sheet form forwarded to his or her attention. 9. Field supervisor on each shift is responsible for making sure vehicles are decontaminated (properly cleaned with necessary biohazard chemicals) after incidents in which the vehicle becomes contaminated. A vehicle is considered contaminated when: a. An individual, prisoner or non-prisoner, releases bodily fluid, (blood, urine, vomit, feces, etc.), into the vehicle interior; or b. Chemical agents or contaminants are released or detected inside a vehicle. 10. Second in Command assures that OSHA, (Occupational Safety and Health Administration), guidelines are followed when contaminated vehicles are cleaned. 11. These procedures are followed when cleaning a contaminated vehicle: a. Proper protective equipment is used by the person(s) involved in the cleaning task. Equipment always includes a pair of disposable gloves, and depending on the circumstances, may sometimes require the use of a gown, a mask, and protective eyewear. b. Anti-bacterial soap is provided for hand washing, and individuals involved in the cleaning effort are to use the soap when the cleaning is finished. c. Disposable cleaning materials are disposed of according to OSHA regulations that specify the use of containers labeled a “biohazard”. The purpose of the container is to warn employees, or any other person(s) of the potential danger associated with the waste, and that the container should be handled with care.

Page 2 of 2 VEHICLE MAINTENANCE FORM

NAME: ______DATE: ______VEHICLE#: ______MAKE: ______MODEL: ______MILEAGE: ______

EXTERIOR: Damage: _____ None

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

TIRES: Cold (36-40) _____ Hot (40-44) _____ PSI: Front Left _____ Rear Right _____ Front Right _____ Tread _____ Rear Left _____ Sidewalls _____

WINDSHIELD: Clean and free of debris _____ Working Wipers _____ Cracked _____ Vehicle Exterior Clean _____

Page 1 of 3 INTERIOR: Interior clean _____ Headrests set properly _____ Free of debris _____ Fuel level _____ Loose objects secured or contraband Warning lights functional (do not removed _____ start engine, check by turning key Safety belts operational _____ on) _____

ENGINE COMPARTMENT: (Do not start engine) Belts _____ Brake Fluid Level _____ Oil Level _____ Power Steering Level _____ Coolant Level _____ Windshield Washer Fluid _____ START ENGINE: Transmission Fluid (check idling while in park) ______Fluid Leaks _____ Emergency Brake _____

LIGHTS AND EMERGENCY EQUIPMENT: Headlights _____ 3rd Brake Light Spot Light _____ Reverse Lights _____ Radio ______Hazard Lights PA _____ Turn Signals _____ Overheads ______Brake Wigwags _____ Take Downs Lights _____ Horn ______Siren _____ Grill Lights _____

TRUNK: Complete First Aid kit _____ Lug Wrench _____ Tire Secured _____ Reflective Rain Gear _____ Jack _____

Page 2 of 3 OPERATION OF VEHICLE ON PATROL: Brakes _____ Unusual Noise _____ Transmission _____

COMMENTS: ______

I personally inspected the vehicle above and found it in the condition listed.

SIGNATURE: ______DATE: ______

SUPERVISOR: ______DATE: ______

Page 3 of 3 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Vehicle Use & Accident Policy Number: 5.39 Prevention Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department manages the use of motor vehicles in order to conserve scarce community resources, promote officer safety and ensure availability of equipment for patrol and emergency operations.

DEFINITION:

PROCEDURES:

Operation of Agency’s Vehicles: Vehicles owned by the Olmos Park and assigned to the agency are for official business only. This section does not preclude agency’s employees from using Olmos Park vehicles for personal purposes incidental to official use, i.e., buying milk on way home from shift, but employees are prohibited from using Olmos Park vehicles for general personal business.

Vehicles are for use by agency employees only, except as necessary by mechanics or other service personnel performing maintenance or other work on the vehicle. For the purpose of this policy and procedure, Reserve and Special Officer’s, performing duties for and at the request of the agency, are employees.

The operator of an agency vehicle notifies telecommunications via radio whenever the vehicle is in use, unless a specific exception is granted in writing. The operator provides

Page 1 of 3 Law Enforcement Policies and Procedures, 5.39 Vehicle Use & Accident Prevention name/call number to the telecommunicator and provides any other information required by proper radio procedure.

Agency vehicles are operated in accordance with all state traffic laws, Olmos Park and city ordinances, and policies and procedures of the Olmos Park Police Department. Seat belts and shoulder straps are worn by all operators and front seat passengers. Prisoners are strapped in with seat belts whenever possible. Occupants also comply with state child restraint laws when feasible and applicable.

Except under extreme emergencies, agency employees remove keys from the ignition and lock the doors on any unattended agency vehicle.

Inspection and Maintenance of Agency’s Vehicles: Officers search their vehicles at the beginning and end of their shift for weapons, evidence, contraband, or any property left by prisoners or others.

Operators examine their vehicles at the beginning and end of their shifts for damage. Any damage observed is reported immediately to the supervisor. Any damage reported after the vehicle has been inspected and placed into service is considered to have occurred during the operator’s tour of duty. Operators are responsible for the following: 1. Operators (A Shift) check fluid levels, belts, and hoses before beginning a shift. 2. Employees report unsafe vehicles or in need of mechanical repairs immediately to their supervisor, who take appropriate corrective action through the chain of command. 3. An Employee assigned a vehicles is responsible for scheduling routine maintenance and service of the vehicle, including cleaning and washing of the vehicle. 4. With the exception of adding fluids, or tightening nuts and bolts, drivers do not undertake any mechanical work on their own and do not alter or otherwise tamper with any of the vehicle’s safety features.

For more information of employee responsibilities regarding vehicle maintenance, see the policy, Vehicle Maintenance and associated form.

Accident Prevention: The safe operation of motor vehicles is a high priority for this agency. In addition to obeying all of the rules of the road, and driving with courtesy and safety in mind, employees of Olmos Park Police Department drive in a manger that sets the example for the public in general. This includes safe driving practices to limit distracted driving.

Mobile technology devices and systems for law enforcement officers such as cellular phones, laptops, personal digital assistants, navigation systems, digital audio and video systems are known to distract drivers and can increase the risk of motor vehicle accidents, especially under stressful conditions. As such, employees of this agency:

Page 2 of 3 Law Enforcement Policies and Procedures, 5.39 Vehicle Use & Accident Prevention

1. Comply with all federal, state, and local laws and regulations regarding the use of mobile technology devices including cellular phones. 2. Use of hand-held cellular phones, while driving is prohibited except during exigent circumstances. 3. Cellular phone calls using hands-free technology while driving, if any, are kept brief. Extended conversations are made while not driving. 4. Sending text messages or e-mails, dialing cellular phones, viewing television, videos or DVDs and inputting data into laptop computers, personal digital assistants or navigation systems is restricted and limited to exigent situations only. 5. Radio traffic generated by the vehicle operator while the vehicle is in motion is limited to operational traffic and is kept brief.

Accidents Involving Agency Vehicles: Accidents that involve vehicle contact with another vehicle or object, and crashes involving Olmos Park Police Department vehicles are reported in compliance with applicable Olmos Park government regulations and agency policy.

Instances of accidents or crashes involving personal injuries, or damages estimated at more than $200 dollars, are investigated by experienced accident investigators from another law enforcement agency having local or state police authority. (If Applicable).

Accidents involving only agency vehicles and so minor that, in the opinion of the supervising officer no investigation is necessary, the supervisor may elect to conduct their own investigation. In such cases, the accident report is completed and submitted to the agency within 8 -hours.

Crashes determined to be preventable under Olmos Park’s Risk Management policy may result in sanctions by the agency to include the following: 1. Typically, within a 12-month period a driver’s first preventable accident results in a written warning or reprimand, if there a no serious injuries. 2. Second preventable accident - within the 12-month period results in the officer may pay the first $500.00 of the deductible. The driver attends a remedial driver’s training. 3. Additionally, in the interest of officer and public safety the Police Chief, at any point, may impose other sanctions, to include removal of driving privileges for agency equipment.

Page 3 of 3 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Vehicle Seizure, Removal, Policy Number: 5.41 Towing, & Storage Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

It is sometimes necessary for public safety, security, and protection of property to seize, remove, tow, and store motor vehicles and movable objects from public streets, common areas, and in some instances from public property.

PROCEDURE:

The seizure and removal of vehicles, trailers, other transportation equipment in accordance with federal and state laws, and local ordinances for the protection of the public peace, safety, welfare, and the safeguarding of property. Such enforcement action may occur with or without the arrest of the operator or passengers.

Seizure & Removal of Vehicles: Officers of this agency are authorized to seize and remove vehicles that are: 1. Violating federal or state safety or highway use laws, codes, and regulations. 2. Suspected of being used in the commission of a federal, state, or local crime, such as smuggling, drug running, etc. wherein probable cause exists to arrest individuals and seize property. 3. Operated by an operator that is impaired medically, mentally, or otherwise restricted from operating the vehicle, when no approved secondary driver is readily available. 4. Perceived to be a traffic hazard or obstruction. Such as a vehicle left unattended upon a highway, street, alley, or road that is parked illegally or constitutes a potential hazard, or obstruction to the normal flow of traffic. 5. Perceived to be derelict or abandoned. 6. Parked in a fire lane, hazardous, or otherwise unauthorized area. 7. Violating any other condition specified in federal or state law, or local ordinance.

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

Page 1 of 5 Law Enforcement Policies and Procedures, 5.41 Vehicle Seizure, Removal, Towing, & Storage

In instances where the vehicle of an arrested person is impounded, an inventory of the vehicle is completed. Officers do not use, or consider an inventory process as a substitute for a valid reasonable suspicion standard to conduct a search. Remember: 1. A vehicle inventory is not viewed or conducted as a search. 2. An inventory should never be utilized in lieu of obtaining consent to search, or a search warrant. 3. Evidence found during a valid impoundment inventory is generally admissible as evidence in a criminal proceeding. 4. Seized inventory is documented on the appropriate Vehicle Inventory form. 5. Once an inventory has been started, the officer conducting the inventory completes the inventory process, regardless of what may be discovered during the process. 6. Officers finding suspected contraband or evidence during the inventory: a. Lists the items on the inventory form in addition to any evidence processing; b. Secures the evidence; & c. Continues the inventory to completion. 7. At the discretion of a supervisor, an officer inventorying an impounded vehicle may request that a licensed driver authorized by the owner be summoned to take possession of the vehicle. This may occur in such instances when: a. Children are in the vehicle; b. Animals are in the vehicle; & c. Perishable items are in the vehicle.

Recovered Stolen Vehicles: Recovered vehicles that are reported stolen vehicles are processed for evidentiary purposes. 1. Whenever an officer identifies a stolen vehicle and the registered owner cannot be immediately located: a. An inventory of the vehicle is conducted; b. The vehicle is: i. Transported by an authorized towing service; ii. Taken to the authorized storage facility; or iii. Temporarily secured and parked in relatively secure area. 2. Whenever an officer locates a stolen vehicle and the registered owner is located and notified: a. Owner is given the opportunity to personally retrieve the vehicle, or use a contract service. b. If after a reasonable period of time, the registered owner or agent has not removed the vehicle or confirm an arrival time: i. The officer may conduct an inventory of the vehicle, & ii. Park and secure the vehicle or have the vehicle towed.

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

Page 2 of 5 Law Enforcement Policies and Procedures, 5.41 Vehicle Seizure, Removal, Towing, & Storage

the vehicles. When performing the inventory, officers: 1. Open all closed containers, including locked containers when practical to protect: a. Owner’s property, b. Officers and public from dangerous objects, & c. To locate and preserve any living person or animal. 2. Take reasonable measures to prevent: a. Damage to the vehicle, & b. Unnecessarily disturbance of vehicle contents. 3. Inventory objects or living things in the vehicle, listing relevant items on the inventory form; 4. Ensure NCIC and Olmos Park Police Deparment inquiry is reported stolen or there are any other inquiries posted; 5. When potential evidence of a crime is discovered, it is seized and handled in accordance with the Evidence Collection, Control, & Storage policy; & 6. Follow-up to ensure that non-seized contents and vehicle are protected.

Communications Center Support During Seized Vehicles Event: Upon notification of a seized vehicle incident, communicators: 1. Make appropriate notifications, and contacts with potential owners as requested by officers; & 2. Maintain vehicle storage or retention location data, in support of owner of other agency follow-up.

Removing Vehicles from Private Property: Officers responding to a call for service on a complaint involving an illegally parked vehicle on private property generally have two options. First, to instruct the property owner that they can take action to have the vehicle removed. Second, under certain conditions, impound the vehicle. In the case of the latter, officers may impound the vehicle in the following situations: 1. When an unattended vehicle has been found to be in violation of local ordinances, or state law; 2. If a violation of a law or ordinance does exist, the owner makes a report of the violation and signs a complaint for parking on posted private property. If the driver of the vehicle is unknown, then the complaint is signed against the registered owner of the vehicle. 3. Parking violations are verified by the officer indicating that the complaining party is the owner or the legal occupant of the property where the vehicle is parked or standing. 4. Once the complaint has been signed by the property owner or legal occupant, the officer may start impound procedures.

Officers make reasonable attempts to locate the registered owner or verify that the property owner or occupant has already made such attempts.

Vehicle Holds:

Page 3 of 5 Law Enforcement Policies and Procedures, 5.41 Vehicle Seizure, Removal, Towing, & Storage

Generally, Olmos Park Police Department does not place a hold on a vehicle that has been impounded unless: 1. There is probable cause to believe it was used in the commission of a felony; 2. It is not safe for operation on the highway or street; 3. There is suspected dangerous cargo or contents; 4. There is a warrant to secure it as evidence; 5. The owner has consented; or 6. An applicable statute allows a seizure or forfeiture.

When a hold is placed on a vehicle, it is not held longer than is necessary and reasonable.

Temporary holds on a vehicle may be approved by a supervisor, until the matter can be referred to the appropriate prosecutor’s office.

Release of Seized Vehicle: Olmos Park Police Department releases seized vehicles only to the registered owner or their confirmed agent who has a driver’s license for this type and class of motor vehicle. 1. Prior to releasing the vehicle: a. Rerun a check to see if the vehicle is newly reported as stolen; b. Obtain a copy of: i. Ownership papers and/or vehicle title; ii. Driver’s license of proposed operator; & iii. Insurance documentation. c. Verify items are collected and that you have obtained copies of items in b. above. 2. On occasion vehicles are seized shortly after purchase from a new or used car dealer. a. When a vehicle owner wants to have a vehicle released from impound but due to the recent purchase hasn't received the title: i. A copy of the Purchase Agreement or Sales Contract is accepted as proof of ownership. 3. When an owner requests release of a vehicle to someone other than the registered owner, request, verify, and copy: a. Proposed operators driver's license; b. Vehicle title; & c. Notarized documents from the vehicle's owner authorizing said person to receive the vehicle, and proof of ownership. 4. When a Lien Holder claiming an interest seeks release of a seized vehicle: a. Only release to the lien holder, pursuant to state law; b. Issues to consider include: i. Lien holder must present a lien form and notarized bill of sale for the vehicle; & ii. Once the lien form is presented a vehicle registration check is made:

Page 4 of 5 Law Enforcement Policies and Procedures, 5.41 Vehicle Seizure, Removal, Towing, & Storage

1. If the lien is not indicated on the vehicle registration check then the lien is not considered valid, and not be accepted as proof of interest; & 2. Vehicle is not released. c. Once a valid lien has been verified: i. Lien holder completes a save and hold harmless agreement; ii. Provides Proof of Financial Responsibility or a surety bond; 1. Should the lien holder claiming an interest be a lending institution insured by the FDIC, they are presumed to meet the standard without showing proof. 5. Insurance companies claiming an interest in a vehicle must show proof of interest and must present: a. A valid Salvage Title; b. A valid lien and notarized bill of sale; or c. A valid order from a court of competent jurisdiction. 6. The individual to whom the vehicle is being released signs the release form: a. Employee releasing the vehicle signs also; b. Retains the original; & c. Provides two copies of the form to the individual. 7. The individual provides both copies to tow driver: a. Who retains one, & b. The individual keeps one for their own records.

Page 5 of 5 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Volunteer Program Policy Number: 5.42

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department manages and administers a volunteer program to supplement and support the law enforcement services provided to our consumers.

DEFINITION:

 Volunteer - Someone who performs service for the department without promise, expectation, or receipt of compensation for services rendered. This may include unpaid chaplains, reserve officers, interns, persons providing administrative support, and youth involved in a Law Enforcement Explorer Post, among others.

PROCEDURE:

Administration The volunteer coordinator or individuals designated by the Police Chief are responsible for: 1. Recruiting, selecting, and training qualified volunteers; 2. Maintaining volunteer or reserve records for each volunteer; 3. Developing and maintaining volunteer guidelines, that: a. Outlines expectations, guidelines, and standards, & b. Responsibilities of various volunteer assignments. 4. Schedules training for volunteers as required by tasks to be performed; 5. Maintains a record of volunteer schedules and performance hours; 6. Completion and dissemination of necessary documentation and information; 7. Plans and carries out periodic recognition events; 8. Administration of discipline when warranted; & 9. Receives and evaluates intra-agency requests for volunteer services, and recommends action to the Police Chief, who has final decision-making authority of the program.

Recruitment: 1. Volunteers may be recruited on a continuous basis consistent with this Olmos

Page 1 of 4 Law Enforcement Policies and Procedures, 5.42 Volunteer Program

Park Police Department’s needs, policy on equal opportunity, and available resources. 2. A primary qualification for participation in the application process is interest in and an ability to assist the agency in serving the public.

Screening: 1. Prospective volunteers complete a volunteer application form. 2. Volunteer coordinator conducts face-to-face interviews with each applicant under consideration. 3. With the approval of the volunteer coordinator, the volunteer is subsequently interviewed by Police Chief or designee. 4. A documented background investigation is completed on each applicant and includes, though not limited to the following: a. Traffic and criminal record, b. Employment history, c. Personal & professional references, & d. Other areas of interest relating to the services to be performed by the volunteer.

Selection and Placement: 1. Successful applicants receive written confirmation prior to the start of service. 2. Volunteers receive a copy of volunteer guidelines. 3. Complete a volunteer agreement. 4. Volunteers are only placed in job assignments or programs that are consistent with their knowledge, skills, abilities, interests, and agency needs.

Job Description: In preparation for job performance, volunteers are: 1. Provided with a job description on their duties, responsibilities, and limitations. 2. Utilized only in accordance with their job description. 3. Worked in positions that are reviewed and periodically updated by the Police Chief or designee.

Training: In support of their job performance volunteers: 1. Complete an orientation program to acquaint them with the department, personnel, policies, and practices that have a direct impact on their work assignment. 2. Receive position-specific training to ensure they have adequate knowledge and skills to complete tasks required by the position. 3. Receive in-service training as deemed appropriate by the agency for the tasks to be performed. 4. Comply with the rules of conduct and with instructions and directives, either oral or written, issued by the staff supervisor, volunteer coordinator.

Page 2 of 4 Law Enforcement Policies and Procedures, 5.42 Volunteer Program

Fitness for Duty: 1. No volunteer reports to work or perform duties when his/her judgment or physical condition has been impaired by: a. Alcohol, b. Medication, c. Other substances, d. Illness, or e. Injury. 2. Volunteers are required to report any changes in status that may affect their ability to fulfill their duties. This includes, but is not limited to, the following: a. Driver’s license; b. Medical condition; c. Arrests; & d. Criminal investigations.

Dress Code: 1. Volunteers conform to the appearance and grooming policy consistent with their duty assignment. 2. No volunteer wears his/her uniform or identifiable parts of that uniform while off duty. 3. Volunteers return any issued uniform, clothing, or items at the termination of their service.

Confidentiality: With appropriate security clearance and as authorized by the Police Chief volunteers may have access to confidential information. 1. Unless otherwise directed by a supervisor or departmental policy, enforcement information is for official use only, and is not distributed outside of the agency without prior approval of their supervisor. 2. Confidential information is only provided to persons who have a need and a right to know. 3. Each volunteer is required to sign a nondisclosure agreement. 4. Volunteers will not address public gatherings, appear on radio or television, prepare any article for publication, act as correspondents to a newspaper or other periodical, release or divulge any information concerning the activities of the agency, or maintain that they represent the agency in such matters without specific authorization from the Police Chief.

Property and Equipment: 1. Volunteers are issued an identification card that must be worn at all times while on duty; 2. Any equipment issued by the agency is for official use only; & 3. Any property or equipment issued to a volunteer remains the property of the agency and is returned at the termination of service.

Page 3 of 4 Law Enforcement Policies and Procedures, 5.42 Volunteer Program

Prohibitions: Unless a sworn volunteer, reserve, or auxiliary officer, no volunteer: 1. Carries a firearm or other weapon; 2. Wears any clothing or item that may tend to identify them as a sworn officer of this or any other law enforcement agency; &/or 3. Infer by word, deed, or omission that they are sworn officer of the agency.

Disciplinary Procedures &Termination: 1. A volunteer may be removed from the volunteer program at the discretion of the program manager with the consent of the Police Chief. 2. Termination of a volunteer is not subject to due process considerations and volunteers have no property interests in their continued service to the agency.

Quality Assurance: A quality assurance evaluation of the volunteer program is conducted annually or as directed by the Police Chief.

Annual personnel evaluations are completed for each active volunteer to ensure: 1. Best use of resources and personnel; 2. Personnel problems are identified and dealt with promptly and fairly; & 3. Job satisfaction on the part of volunteers.

Page 4 of 4 USE OF FORCE Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Use of Force & Deadly Force Policy Number: 6.01

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Human life is sacred. Protecting innocent human life is the most important mission of Olmos Park Police Department. Apprehending non-violent suspects and criminals is less important than protecting innocent human life, including the protection of the officer's own life.

Officers maintain a readiness and ability to act in instances where, in their perception, the use of force or deadly force may be appropriate. By maintaining readiness and a capacity to employ a variety of skill sets officers may reduce the likelihood of opposition and of the actual need for a forceful response. While officer discretion is critical, the need to balance applications of force against accountability is essential. Officers only use the amount of force reasonably necessary to protect life and enforce the law under guidelines established by the Constitution of the United States, the Constitution of this State, established state and federal law, and as articulated in this policy and procedures manual.

DISCUSSION:

Traditionally, the standards by which most use of force and deadly force actions employed by officers occur in the light of the 4th Amendment to the US Constitution. However, when law enforcement officers are involved in a force or deadly force incident in a correctional or inmate transport setting the employment of force or deadly force may be viewed under the 14th and 8th Amendments of the Constitution.

 4th Amendment rights apply to non-detained persons, arrestees, and pre-trial detainees, who have not been yet arraigned, and requires that the officer’s actions … be judged from the perspective of a reasonable officer on the scene, rather than with 20/20 vision of hindsight … the calculus of reasonableness must embody allowance for the fact that police officers are often forced to make-split second judgments in circumstances that are tense, uncertain, and rapidly evolving.1

1 Graham v. Conner, 490 U.S. 386 (1989).

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 14th Amendment applies to pre-trial detainees, who have been arraigned, but not yet convicted, and requires a determination of whether the force applied by an officer was done with deliberate or reckless indifference with ... a purpose to cause harm unrelated to the legitimate object of arrest will satisfy the element of arbitrary conduct shocking the conscience, necessary for a due process violation.2

 8th Amendment applies to convicted individuals, and requires a determination that an excessive force claim must show malice, sadism, and intent to cause harm. The unnecessary and wanton infliction of pain and actions taken in bad faith and for no legitimate purpose are cruel and unusual punishment. The question whether the measure taken inflicted unnecessary and wanton pain and suffering ultimately turns on whether the force was applied in a good faith effort to maintain or restore discipline or maliciously and sadistically for the very purpose of causing harm. 3

DEFINITIONS:

 Authorized weapon - A weapon approved by Olmos Park Police Department and sanctioned for use by its employees. No weapon is authorized for carry or use unless the agency expressly approves it and the employee has demonstrated proficiency with the weapon type in accordance with agency guidelines.

 Auxiliary weapons of availability - An employee may become separated from their agency issued firearm or other authorized weapons. Should this occur, the employee might have access to a weapon of opportunity, including but not limited to a flash light, citation holder, handcuffs, tools, lumber, or any object that could be used as a weapon in the defense of self or another.

 Baton or expandable baton - An impact weapon capable of inflicting bodily injury by striking with a portion of the weapon. Only batons authorized by the agency are carried or used. Carrying or using saps, Billy clubs, or slapjacks is prohibited.

 Chemical weapon - Weapons capable of temporarily incapacitating a person through the controlled release of some chemical irritant or agent.

 Certification with weapon - Officer has demonstrated proficiency with a particular weapon, and been tested in its safe care and use. The officer is thereby authorized to carry and use this weapon in the performance of his/her official duties regardless of whether the officer is on-duty or off-duty. Without such certification, the officer may not carry or use this or a similar weapon.

2 County of Sacramento v. Lewis, 523 U.S. 833 (1998), 3 Whitley v. Albers, 475 U.S. 312 (1986).

Page 2 of 12 Law Enforcement Policies and Procedures, 6.01 Use of Force & Deadly Force

 Deadly force - Action, with or without the use of a weapon, intended to cause death or serious bodily injury; or, the use of any object in a manner intended to cause death or serious bodily injury.

 Electronic Control Device [ECD] – A non-deadly force weapon designed to stop an attack; subdue fleeing, belligerent, or potentially dangerous subjects; or stop a perceived threat of suicide or self inflicted injury. The device used may be handheld, shoulder-fired munitions, or a hand discharged device. In most configurations such devices are an electroshock weapon that uses electrical current to disrupt voluntary control of muscles. Sometimes called an electronic stun device in general. Also commonly referred to as a TASER™ irrespective of the actual maker due to this manufacturer’s high profile presence in the market.

 Exigent circumstances - Conditions that are of such urgency and seriousness as to justify a warrantless entry, search, or seizure by officers.

 Force or non-deadly force- Actions not calculated under the circumstances to cause death or serious bodily injury.

 Knife - Any edged weapon that is designed to inflict serious bodily injury or death by stabbing, cutting, slicing, whether legal or illegal, and including swords, daggers, axes, hatchets, etc.

 Lateral vascular neck restraint [LVNR] - A method or manner of restraining or controlling a person by physically restraining the person's neck from behind. The technique involves the initial restraint of a person through contact and control methods, which may ultimately be used to incapacitate the person by rendering the person temporarily unconscious where the person refuses to submit to lesser levels of control.

 Non-deadly force - Procedures or weapons designed to provide force, but force not intended to kill. The non-deadly force concept is also commonly referred to as less than deadly, or less than lethal force. Regardless of the application name, reasonable officers know that – although unlikely – any force, especially when applied under, tense, uncertain, and rapidly evolving situations, may cause injury, or death, despite the best intentions of the officer.

 Physical strength and skill - Any physical actions by one or more officers (e.g., holding, restraining, pushing, and pulling) which may include special skills (e.g.,

Page 3 of 12 Law Enforcement Policies and Procedures, 6.01 Use of Force & Deadly Force

boxing, karate, and judo) but do not include the use of deadly force or any weapon.

 Probable cause - Sufficient reason, based upon known facts, to believe a crime has been committed or that certain property is connected with a crime. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime. Probable cause is often subjective, but if the officer's belief or even hunch was correct, finding stolen goods, the hidden weapon, or drugs may be claimed as self- fulfilling proof of probable cause. Technically, probable cause has to exist prior to arrest, search, or seizure.

 Serious bodily injury - Harm that creates substantial risk of death, serious permanent disfigurement, or loss or impairment of any body function or organ.

PROCEDURES:

Levels of Use of Force: Use of force or deadly force is controlled by the basic elements of a reasonable officer’s perception and a reasonable officer’s response. Officers may use only the level of force that is reasonably necessary to stop the perceived threat.

To better understand and explain use of force and force issues, officer perceptions and officer force options are illustrated in the Use of Force Continuum or force continuum that is located on the last page of this policy. This chart illustrates five levels of perception and five corresponding levels of response. Officers are familiar with, and know how to apply and explain this continuum. Refer to the Use of Force Continuum, at the end of this policy.

Officer’s general perception and corresponding force options are:  Level 1 – (Compliant) The suspect is perceived by the officer to be compliant. The appropriate level of response is cooperative controls, including officer presence, hand signals, verbal commands and instructions, light touching or patting, etc. In other words cooperation at this level is a two way street.  Level 2 – (Passively Resistant) The suspect is perceived by the officer to be passively resistant. The appropriate level of response is contact controls, including strong or forceful soft hand, hand and arm-holds, pressured physical movement of the suspect, removal, etc.  Level 3 – (Actively Resistant) The suspect is perceived by the officer to be actively resistant. The appropriate response is compliance techniques. This is the threshold for any reasonable officer to consider this suspect to be a potential violent threat to himself, officers, or others. Compliance techniques may include all reasonable means to cause the suspect to comply as soon as reasonably possible. These techniques may include use of chemical weapons, use of restraints, forced movement, forcing a suspect’s limbs behind his back, forcing a suspect down on the floor or against a wall, Lateral Vascular Neck Restraint(LVNR) [if the officer is

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trained and has demonstrated proficiency in its use] or using other forms of rough physical force, etc. Once suspects are perceived as actively resistant, officers should not relax care until the subject is fully secured.  Level 4 – (Assaultive & A Threat to Bodily Harm) The suspect is perceived by the officer to be assaultive – and a threat to bodily harm. The appropriate level of response is immediate defensive tactics. The original assaultive behavior may have been directed at a fellow suspect, apparent victim, or the officer. Defensive tactics may include impact weapons, hard fist, electronic control devices, or any other reasonable means available and at hand to stop the aggression, defend against the attack, or bring the suspect into compliance. It is contemplated and understood that reasonable officers, while employing defensive tactics, may cause injury, serious injury, and in some isolated instances, death without intending such consequences.  Level 5 – (Assaultive & Serious Threat of Bodily Harm or Death) The suspect is perceived by the officer to be assaultive – serious bodily harm or death. The appropriate level of response is deadly force. Deadly force includes firearms, knives, or any other means immediately available that a reasonable officer, in the same circumstance, would consider as potentially causing death or serious bodily injury.

Tactics, Applications, & Officer’s Perceptions:  Level 1 – (Compliant) No or Slight Apparent Potential for Harm

Arrival & Presence: Officer present at the scene. This includes proper voice and/or other identification, body language, and awareness by the subject that he is dealing with an officer of the law. This may also include presence of the officer’s vehicle, seeing the officer in his uniform, hearing officer identification, etc. A reasonable person seeing and hearing these things normally alter their behavior, and respond to the officers instructions.

Interview Stance: The officer adopts a stance outside his danger zone that provides appropriate protection and forms the basis of an effective physical response if attacked.  Level 2 – (Passively Resistant) Moderate Potential for Physical Harm

Dialogue Between Parties: A two way, controlled, non-emotional communications between the officer and the subject, aimed at a problem identification and/or resolution.

Verbal Direction: Officer asks, advises, or commands subject to engage in, or refrain from, a specific action or non-action.

Soft Hand Techniques: Officer may choose to employ some assistance in movement, compliance, or removal from the immediate scene.

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 Level 3 – (Actively Resistant) Moderate Potential for Physical Harm

Restraint Devices: Mechanical tools used to restrict a subject’s movement and facilitate searching such as, handcuffs, flex cuffs, leg irons, belly chains, optional nylon restraining devices etc.

Chemical Agents Individual Protection Devices: CS/OC spray agent used to subdue or bring a subject into compliance.

Transporters: Techniques used to control and/or move a subject from point A to point B with the minimum effort by the officer or to gain and retain control over the subject.

Takedown: Techniques that redirect a subject to the ground in a controlled manner to limit physical resistance and to facilitate the application of a restraint device, and to prevent intentional injury to the subject.

Pain Compliance: Techniques designed to force a subject to comply with an officer, as a result of the officer inflicting controlled pain upon specific points in the subject’s body such as pressure point techniques.  Level 4 – (Assaultive & A Threat to Bodily Harm) Serious Potential for Physical Harm

Electronic Control Device: Is a Level 4 application of force, when properly employed. Such devices are not used on persons known to have implanted medical devices such as pace makers, timed medical dispensing mechanisms, or diagnosed with heart conditions.

Incapacitation: Techniques intended to stun or render a subject temporarily unconscious. These techniques may be an impact weapon, a strike to a major nerve area, or lateral vascular neck restraint.

Intermediate Weapon: Impact weapons that are primarily used to control a subject such as a baton, expandable baton, Taser®, and/or agency canine.

Lateral Vascular Neck Restraint: Should only be applied when other takedown and restraint procedures have failed. As with other Level 4 devices and techniques, only officers trained and practiced in the technique should attempt to apply it.  Level 5 – (Assaultive & Serious Threat of Bodily Harm or Death) High Potential for Great Bodily Harm or Death

Deadly Force: Techniques and implements that by their very nature are known to cause death or serious injury. To employ deadly force officers must

Page 6 of 12 Law Enforcement Policies and Procedures, 6.01 Use of Force & Deadly Force

perceive that an imminent threat to their life or the life of another is present.

Firearm Special Munitions: Special munitions fired, launched, or discharged from a service handgun, shoulder weapon, or vehicle mounted weapon constitute a Level 5 application of the use of force, and is used with extreme care. Although often referred to as less-lethal, officers know that the less refers to less chance of causing death or serious bodily injury. Special munitions rounds are not to be deliberately fired or thrown at the face, chest, neck, or spine of any individual. For more information on special munitions, refer to policy Special Munitions – Distraction Devices, & Special Munitions – Less Lethal.

It is important to remember that almost all incidents faced by officers are not scripted, easy to understand, or predictable as to outcome. Officers use their best effort to determine the threat level and apply the corresponding response. Time permitting, officers are to take care in evaluating a suspect’s actions and perceived threat level. If there is reasonable doubt and time permits, seek assistance before acting. Justification for the use of force and deadly force is limited to what is known or reasonably perceived by the officer at the time of the incident. Facts unknown at the time force is used should not be considered later to determine whether the force was justified.

Officers may not intentionally use more force than is necessary and reasonable under the circumstances. Officers may never use force in response to mere verbal provocation or abusive language directed at the officer. Officers should never use deadly force, except to protect his/her life, or the life of other human being.

Application of Use of Force & Deadly Force: Application of deadly force and force are authorized by a peace officer only to achieve the following lawful objectives to: 1. Defend self, or others against serious threats of serious bodily injury or death; 2. Stop dangerous felony flight, where there is serious imminent risk to the public of death or serious bodily injury; 3. Prevent roaming at large by obviously mad or vicious animals; to relieve animals so badly injured that it cannot reasonably survive from injuries causing prolonged suffering; & 4. Stop imminent damage to or theft of property, which by its removal or damage seriously threatens the life or safety of others.

Only when there is a reasonable expectation that altered or damaged property may place others in imminent risk of death or serious bodily injury is the application of deadly force appropriate to protect property. Some examples of the use of deadly force to protect property are stopping a suspect from setting a fire, or throwing a bomb; preventing serious damage to a bridge; stopping sabotage to railroad tracks; or deterring the use or theft of what appears to be a weapon of mass destruction, bomb, or other military equipment.

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Application of force but not deadly force is authorized by a peace officer only to achieve the following lawful objectives to: 1. Preserve the peace; 2. Defend themselves, or others against unlawful violence; 3. Prevent the commission of self-inflicted injury or suicide by any person; 4. Make lawful arrests or searches; to overcome resistance to such arrests or searches; and to prevent escape from custody; 5. Prevent or interrupt an intrusion on, or interference with the lawful possession of property; & 6. Prevent roaming at large by obviously mad or vicious animals, or to relieve animals so badly injured that it cannot reasonably survive from injuries causing prolonged suffering.

Before using any physical force against a suspect, beyond Level I, officers: 1. Have probable cause to arrest that suspect; 2. State their intentions to arrest, and identify himself as a peace officer; & 3. State the reason for the arrest.

Amount and degree of force officers may use to achieve an objective takes into consideration the following issues: 1. Nature and seriousness of the offenses committed by the suspect; 2. Threat posed to other persons or the general public if the suspect’s behavior continues; 3. Nature and seriousness of the risk of injury to the officer or others; 4. Age, physical condition, and behavior of the suspect; 5. Relevant actions by any third parties; 6. Physical conditions, i.e., visibility, etc. at the scene; 7. Feasibility and availability of alternative actions; & 8. Opportunity and actual ability of the suspect to injure the officer, himself, or others.

Before officers use force (but not deadly force) when protecting a person from self-inflicted bodily injury [suicide attempt] or from uncontrollable circumstances, the officer considers other available alternatives to protect that person from harm.

Officers may use unauthorized objects as weapons, or use weapons in unauthorized manners if emergency circumstances make it necessary to protect human life and prevent serious injury.

Officers may draw and ready any authorized weapons for use only when they reasonably anticipate that they may have to use such weapon(s). This does not require officers to use the weapons.

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Use of Non-Deadly Force: Officers use physical strength and skill, restraint devices, chemical weapons, electronic weapons, or impact weapons to apply non-deadly force only.

Officers have no obligation to retreat or back down before resorting to approved use of force, including deadly force. Officers may consider retreat or withdrawal where delay could make a more peaceable arrest, or stop, likely if such tactics would not increase risk to self or others. In some cases, an increased show of force may reduce the amount of force necessary to accomplish the officer’s objective.

Officers may not attempt to affect arrests alone if there is substantial risk to self from the arrestee or another party unless there are no available reasonable alternatives.

Officers use handcuffs or other restraining devices on all arrestees unless it is obviously unnecessary or impractical, i.e., the elderly, young juveniles, amputees, crippled, injured, or other applicable subjects. Officers take reasonable precautions to protect arrestees from injury caused by handcuffs or other restraining devices. Only restraining devices and techniques approved by the agency may be used.

Officers may use chemical weapons for self-protection, or to subdue a person unlawfully resisting arrest. Any person upon whom a chemical weapon has been used are to be treated or decontaminated for exposure to the chemical agent as soon as practical and thereafter monitored for possible latent effects.

Officers may use approved electronic weapons in accordance with this policy. An electronic weapon is only be used to protect persons from assault or to subdue persons unlawfully resisting arrest.

Lateral Vascular Neck Restraints [LVNR] may only be used by officers to restrain a person if the officer is trained in the proper techniques of applying and using LVNR and the officer has periodically demonstrated a proficiency in the use of such techniques. Officers do not use a choke hold as a method of controlling or restraining a person.

Officers may use impact weapons to protect self or another from assault or to arrest a person who unlawfully and violently resists arrest if lesser methods have failed, or if circumstances warrant the immediate use of the baton. However, officers should: 1. Avoid baton blows that are capable of inflicting serious bodily injury; 2. Not raise the baton above the head to strike someone or use the baton as a club or bludgeon; 3. Deliver only short snappy body blows to vulnerable areas in order to temporarily incapacitate subjects; & 4. Not deliberately strike the face, head, neck, collarbone, spine, kidney area, solar plexus, knees, or elbows.

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Officers not trained and currently certified with impact weapons are not authorized to use flashlights or other similar devices as substitutes, except in extreme life-threatening emergencies.

Use of Deadly Force: Deadly force may not be used under the following circumstances: 1. As a warning or threat; 2. With the intent to maim or cripple a person; 3. On a person who has not caused or threatened to cause serious bodily injury or death to another person, including the officer; 4. On a person who simply flees or evades arrest; 5. At or from a moving vehicle, except in exigent circumstances, and only in an attempt to save human life, or protect the public; 6. Merely to prevent the destruction or theft of property; or 7. When the officer has any doubt as to the justification for using deadly force.

Reporting Use of Force Incidents: Officers, who discharge a firearm, use chemical weapons, electronic weapons, impact weapons, special weapons, knives, or who were involved in a bodily injury to themselves or other persons by use of force or deadly force should notify their direct supervisor immediately. In such instances officers are required to complete a written report detailing the circumstances surrounding the use of force incident. This written use of force report requirement is to be met even though other required reports may have already covered the situation.

In incidents where officers cause serious bodily injury or death through the application of deadly force first call for medical assistance, secure the scene as well as possible, and then notify their direct supervisor. Upon arrival, the supervisor takes charge of the scene along with any investigation concerning the incident and report the incident to the Police Chief.

In incidents involving the use of force, all officers assist in every way possible with the investigation. Any report required by this policy receives executive review in an effort to: 1. Protect the integrity of the facts and the evidence; 2. Ensure that the officer's use of force complied with all appropriate state and federal laws, and agency policy; 3. Determine if the officer's use of force indicates a need for special counseling, training, or disciplinary action; 4. Determine whether the situation requires further action; & 5. Evaluate the need for additional or future, training.

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Reporting Requirements: The Police Chief is notified immediately when any type of deadly force is used and there are resulting serious physical injuries or death.

Each officer who witnessed the incident or responded to the scene is to complete a written report. These witness reports are completed no later than the conclusion of the shift in which the incident occurred and filed with the Police Chief.

Officer(s) who actually used or employed the deadly force are relieved of duty with pay at the scene, and follow-up action handled in accordance post-shooting procedures. For more information on reporting issue refer to policy Post-Shooting Incident.

Reports completed by the officers using force, other officers or witnesses include the following: 1. Description of the events leading to the use of force or deadly force; 2. Original offense or probable cause for the stop or action; 3. Accurate description of the incident and reasons for employing force; 4. Description of the weapon or device used and the manner in which it was used; 5. Description of the injuries suffered, and the treatment given or received; 6. List of all participants and witnesses to the incident; & 7. Copy of all incident reports compiled because of the incident.

The Police Chief formalizes criteria for reporting incidents. Reports of all injuries are filed in the central file and the employee's personnel record.

Allegations Against Agency Personnel: The Internal Affairs Unit, investigates all allegations of improper use of force & deadly force, after notifying the Police Chief. In cases where possible criminal acts are involved, the appropriate law enforcement agency or prosecutor office is notified.

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Page 12 of 12 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Chemical Agents – Oleoresin Policy Number: 6.02 Capsicum (OC) Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Oleoresin Capsicum [OC] and similar chemical spray agents are authorized for use as a non-deadly force option by officers of this agency, when officers are trained in its use and decontamination.

DEFINITIONS:

 Chemical agent – Chemical agents are divided into lethal and incapacitating categories. A substance is classified as incapacitating if less than 1/100 of the lethal dose causes incapacitation, e.g., through nausea or visual problems. The distinction between lethal and incapacitating substances is not fixed, but relies on a statistical average called the LD50.

 Oleoresin Capsicum - OC gas, capsicum spray, or oleoresin capsicum) is a lachrymatory agent (a chemical compound that irritates the eyes to cause tears, pain, and even temporary blindness) that is used in riot control, crowd control, and personal self-defense, including defense against dogs and bears. It is a non-lethal chemical agent often used in law enforcement instead of tools more likely to cause serious injury. The active ingredient in pepper spray is capsaicin, which is a chemical derived from the fruit of plants in the Capsicum genus, including chilies.

PROCEDURES:

Olmos Park Police Department officers are authorized to carry and deploy agency approved chemical agents, to include OC. However, before such use, officers are required to complete a training course approved by the Police Chief. OC (Pepper Spray), and similar approved chemical agents are a Level 3 or higher force option, and requires an officer threat perception equal to higher than Actively Resistant. Any uses of chemical agents comply with Olmos Park Police Department use of force policy. For more information, see policy Use of Force & Deadly Force, and the associated Use of

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Force Chart. As used in this policy, the terms OC and chemical agents are interchangeable.

Application of OC is authorized to affect lawful arrest, prevent escape from custody, defend one’s self, defend others from the imminent use of physical force, and to restore institutional integrity in a detention facility.

OC is a force option for officers and employees of the agency; however, it is not intended to be an alternative to the use of deadly force when deadly force is imminently necessary to save human life, and is clearly authorized.

The following guidelines apply to the carrying and use of OC chemicals.

Training Requirements: The following training requirements apply to all uniformed officers, civilian-clothed officers, and civilian employees authorized to carry and dispense chemical agents: 1. OC or other agents are only authorized for carrying and use by officers and employees of this agency who have successfully completed a basic course of instruction in the specific chemical agent. Each course is approved by the agency and consists of limits on use and application, decontamination procedures, liability, use of force, and an individual demonstration of proficiency. 2. Officers and employees authorized to carry and use OC agents demonstrate proficiency in its use and decontamination procedures.

Using OC or Similar Spray: 1. Uniformed officers wear the dispensing canister externally in a holster. The device may not be pocketed or otherwise concealed by uniformed officers, since one purpose of chemical agents is to create a visible deterrent to potential offenders. This provision does not apply to employees or officers assigned to civilian clothes or under cover duties. 2. In most cases, a chemical dispenser is not drawn and used against an individual holding a deadly weapon. 3. When reasonable efforts have failed to calm a person who is acting violently and presenting a danger to himself or others, a minimum stream of OC may be dispensed at the person. 4. Chemical agents are best applied to terminate aggressive or violent behavior, or a threat of violent behavior, which could result in physical injury or death to the officer, other persons, or the offender. 5. Chemical agents may not be discharged in the immediate vicinity of an infant, young child, physically disabled, or obviously physically ill individuals unless the infant's life is endangered, since their respiratory system is small and especially sensitive to irritating vapors. 6. Chemical agents are normally discharged from a distance recommended by the manufacturer of the dispensing device.

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7. Before dispersing any chemical agent, the officer gives a clear command, warning other officers, to clear the subject before the agent is dispersed, leaving those officers unaffected by the agent. 8. Officers should point the dispensing device at the violent or threatening person’s body, in accordance with the manufacturer’s recommendations. 9. Discharging of the device is limited to one successful hit, not exceeding one (1) full second of target suppression, or the termination of the violent or threatening behavior. 10. Suspect persons exposed to chemical agents are handcuffed after exposure, and before decontamination for their and others safety.

Decontamination: 1. Sprayed individuals are assisted in decontamination, as soon after the scene is secured as is reasonably possible. 2. No officer applies, or permits others to apply, oil or grease medications such as butter, cold cream, lanolin, Vaseline, lotion, or salves, which could trap the irritant to the skin and cause blistering, unless directed by a physician. 3. Exposed areas should not be bandaged, but exposed to fresh air for evaporation. Flushing with water is also recommended. 4. If a person exposed to OC or other chemical agents requests medical attention, the person is accorded a medical inspection or examination by competent medical personnel, as soon as possible. 5. Any patrol vehicle interior exposed to chemical agents is thoroughly decontaminated before being returned to normal service. 6. Vehicle exteriors exposed to chemical agents are washed or hosed off before being returned to normal use.

Reporting Procedures: Officers utilizing the OC or other chemical devices prepare a use of force incident report, which describes the use of the chemical irritant, and includes: 1. Justification for use 2. Date and time of exposure 3. Time lapse before wash-up or decontamination 4. Any injuries observed during decontamination procedure 5. Whether the individual sprayed asked for medical treatment, and, if so, resulting actions taken.

Care and Testing of O/C Spray: O/C spray has an expiration date usually stamped on the bottom of the canister. Officers are required to check the expiration date on a monthly basis. An expiration date that is within 30 days should be reported to your supervisor for replacement.

Officers should test their O/C spray, in an area in which no one is affected, at least once a week. A check should only consist of a one-second disbursement. If the O/C spray

Page 3 of 4 Law Enforcement Policies and Procedures, 6.02 Chemical Agents - Oleoresin Capsicum (OC) fails in any way, report it and replace it. Should an officer empty the O/C spray or observe its strength or distance has diminished, report it and replace it immediately.

Page 4 of 4 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Special Munitions – Less Than Policy Number: 6.04 Lethal Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department may use less-lethal special munitions in situations calculated to support mission objectives, to reduce the risk to human life.

DEFINITION:

 Less than lethal or intermediate weapons - Procedures or weapons, that are designed to provide force, but usually less than deadly force. Less than lethal is sometimes referred to as less-lethal or non-deadly force. Regardless of the name, officers know that any force, especially when applied under dangerous, tense, uncertain, and rapidly evolving situations, may cause harm, serious bodily harm, or death, despite the best intentions of the officer.

PROCEDURES:

Special Munitions Devices: This policy addresses the use of munitions usually considered less-than-lethal, including hand thrown [grenade] devices, and shoulder fired weapons such as service shotguns, fog generators, or 37mm rounds loaded with rubber sabots, rubber pellets, beanbags, gas, smoke, stains, oleoresin capsicum, or similar projectiles.

Precaution: Special munitions are employed within the guidelines of the agency’s use of force policy. These weapons can cause serious bodily injury or death under some circumstances. Special munition rounds are not deliberately fired or thrown at the face, chest, neck, or spine of any individual. If reasonably known, officers should consider any special health conditions of persons in the proximity where a device is to be detonated. Likewise, officers should take reasonable precautions to preclude a secondary fire. Special munitions usually come with manufacturer recommendations and guidelines. Officers designated to use these devices are familiar with, and trained in the application of these recommendations and guidelines before deployment.

Page 1 of 2 Law Enforcement Policies and Procedures, 6.04 Special Munitions – Less Than Lethal

Deployment: 1. Special munitions are normally secured in munitions lockers at the station. 2. Special munitions are used in accordance with agency training and manufacturers’ instructions. 3. Special munitions may be used in emergencies that require deployment of personnel in dangerous situations, or as a considered alternative to the use of more lethal force. 4. Special munitions rounds are normally used in planned assaults that require the temporary disabling of target individuals, or facilitate maneuver, capture, or temporary disabling of individuals. 5. Only personnel trained in the use of special munitions and under direct supervision expend these devices. 6. When practical, and to protect human life, staff assigned to deliver these rounds should be backed up by other staff armed with conventional weapons. 7. Emergency medical [first aid] trained officers or medical personnel assist in the deployment of special munitions to provide emergency first aid when available. 8. Officers render first aid and decontaminate those exposed to the effects of gas, chemicals, or OC as soon as practical after the situation is stabilized.

Reporting: After using special munitions in tactical incidents, a report is completed that includes: 1. The supervisor authorizing the use of special munitions; 2. Supervisor’s perception for the need to deploy special munitions; 3. Identification of officers deploying munitions; 4. Number and types of rounds expended; 5. Effects on targeted person(s) and any injuries; 6. Collateral or unintended injury or damage; & 7. Attachment of any associated medical or damage reports.

This data may be described in the incident or investigative report, and does not have to be reported on a special document.

Reports are reviewed on a yearly basis to determine the effectiveness, of the munitions, and to aid in developing future training.

Page 2 of 2 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Knives & Edged Weapons Policy Number: 6.05

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Officers of Olmos Park Police Department are authorized, but not required, to carry tactical knives and edged weapons for general service and defensive purposes. This policy is intended to instruct the officer in the acceptable use of the knife in common tasks and in defense of life.

DEFINITIONS:

 Edged weapon - Any blade for cutting, as in a tool or machine.

 Knife - An instrument for cutting, consisting of a sharp-edged metal or composite blade, fitted with a handle of some type.

 Immediate measure of defense - Taking action or using any implement to defend the officer’s life or safety, or the life or safety of another, with implements or devices not normally intended to be weapons or issued as public safety equipment.

 Tactical folding knife - A knife with a hinged blade, designed primarily for tactical and defensive use.

 Tactical fixed-blade knife - Any tactical knife in which the blade and the grip or handle are permanently fused in some manner with a blade sharpened on one or more edges for cutting or stabbing.

PROCEDURES:

Precautions: Officers are authorized to possess and use a tactical knife both on and off-duty. While in normal duty uniform or in civilian attire, officers may carry a tactical folding knife in a specifically designed holder on the duty belt or in a pocket. Folding tactical knife blades are not casually visible to the public, except during intentional use by the officer.

Page 1 of 2 Law Enforcement Policies and Procedures, 6.05 Knives & Edged Weapons

It is recognized that officers may have many needs for a knife, including both general work and for limited defensive purposes. While not considered a primary weapon of choice in a defense-of-life situation, officers, under extraordinary circumstances, may use a tactical knife in defense of their life and the lives of others.

General Use: The officer uses reasonable care in the general use of the knife as a tool to prevent injury to the officer and others. General use of tactical knives may be employed in such actions as cutting injured occupants out of seat belts, to release flex restraints in emergencies, to pry, open, cut, etc.

The carrying and use of any knife by on and off-duty officers is done as unobtrusively as possible so as not to alarm any bystander. Officers use the tactical knife in a safe and responsible manner, taking care not to exhibit or handle the knife carelessly.

Defensive Use: Officers may use a tactical knife as a weapon of defense under extraordinary circumstances. Any use of a knife as a defensive weapon complies with policy Use of Force & Deadly Force, maintaining that use of a knife as a defensive weapon is a Level 5 application of force.

Officers are cautioned that a tactical knife is primarily a cutting tool to assist them in their daily duties and is not intended to be a primary weapon of defense. Extraordinary circumstances, however, may dictate that the tactical knife be used as an immediate measure of defense of life.

The use of a tactical knife against an aggressive, life-threatening suspect can be employed only when the officer has an objective and reasonable belief that human life is in imminent danger of serious bodily injury or death, and this belief is based on the totality of the circumstances known to the officer at the time. Officers are cautioned that while any use of deadly force is a grave undertaking by police, the use of any knife against another human being may be viewed as an extraordinary defensive measure, and should be reserved for those extraordinary situations where defensive options are limited.

Reporting Use of Force: Officers who cause bodily injury or death to other persons through the use of an edged weapon is to first call for medical assistance, secure the scene as well as possible, and then notify their direct supervisor. Upon arrival, the supervisor takes charge of the scene, along with any investigation concerning the incident, and reports the incident to the Police Chief.

Page 2 of 2 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Active Shooter Policy Number: 6.06

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department, in order to save innocent lives, recognizes the need for officers to deal swiftly and decisively during active shooter events. Responding officers are authorized to take immediate action to contain and if necessary, neutralize active shooters.

DEFINITIONS:

 Active Shooter - An active shooter is an armed person who has used deadly physical force on other persons and continues to do so while having potential access to additional victims.

 540 Degrees of Awareness - A tactical deployment concept where officers are

Page 1 of 7 Law Enforcement Policies and Procedures, 6.06 Active Shooter

aware of the necessity to observe their surroundings 360º horizontally, them, and 180º overhead. Having the effect of observing to their front, sides, rear, and overhead as they move tactically.

DISCUSSION:

It is not unusual for tactical teams to arrive at the scene of a barricaded incident and find that patrol personnel have contained the suspect within a secure perimeter. There is generally time for the tactical team to deploy their personnel without serious concern of the suspect(s) escaping. Once the incident has been isolated, time enables patrol and/or tactical personnel to formulate a structured and deliberate plan.

However, there are scenarios that require immediate action and rapid deployment of patrol personnel prior to the arrival of the tactical team. In these cases delayed deployment could have catastrophic consequences. These scenarios often involve an ongoing . . . shots fired or downed officer/citizen rescue. It may also necessitate the immediate and rapid deployment of armed personnel to contain or prevent the escape of an armed and dangerous person(s).

Over the past several years the world has experienced a growing trend of mass homicide violence committed by individuals. These episodes have come to be termed active shooter incidents and are unique in that the behavior of the suspects is very different from that typically associated with other violent behaviors. Suspect(s) generally begin to shoot at numbers of people without warning. In planning their attack, the active shooter selects soft targets. The motives for these behaviors include political and religious agendas, rage, vengeance for perceived wrongs, and mental dysfunction.

The incidents experienced across the country suggest that the typical police response involving containment, isolation, and negotiation is not adequate. Unlike most criminals, active shooters are likely to continue to use deadly physical force until intervention occurs or until the shooter decides to stop.

Unlike most law enforcement calls for service, an active shooter call and response, requires rapid response, quick evaluation of the situation, formulation of a plan, and tactical response to locate and contain the shooter. Initial officers arriving at the scene, most often move to locate and contain the shooter, and rely on other arriving officers to rescue, move, and treat victims. The goal of intervention in active shooter incidents is to: 1. Neutralize the threat(s) by neutralizing the shooter; 2. Limiting access to potential victims; & 3. Rescuing injured persons or potential victims.

These goals can be achieved by various means, up to and including, the timely and effective use of deadly physical force.

The active shooter response concept represents a shift in patrol response tactics,

Page 2 of 7 Law Enforcement Policies and Procedures, 6.06 Active Shooter

equipment needs, and command protocol. These situations require the initial officer responders arriving on the scene to have the authority and the capability to take aggressive action without waiting for command staff or for the arrival of specialty units such as SWAT or Crisis Negotiators.

CHARACTERISTICS OF AN ACTIVE SHOOTER:

The following is a list of characteristics commonly associated with active shooter suspects. This list was compiled from descriptions of past active shooters and not meant to be a comprehensive list describing all active shooters. Each active shooter situation is unique, however, it is helpful to know that an active shooter: 1. Prepared for the event. 2. May be prepared for a sustained confrontation with law enforcement or security officers. 3. Choose soft targets where there is a perception that people are disarmed and cannot effectively respond. 4. Choose locations where potential victims are close at hand, such as schools, colleges, shopping malls, churches, theaters, and concerts, 5. Is intent on killing a number of people as quickly as possible. 6. Present a first indication of their presence when they begin to assault victims. 7. May act in the manner of a sniper, assaulting victims from a distance. 8. May also engage multiple targets while remaining constantly mobile. 9. Are not deterred or susceptible to containment or negotiation tactics. 10. Typically continue their attack despite the arrival of emergency responders. 11. Are often better armed and prepared than security and law enforcement officers. 12. Are not limited to the use of firearms in accomplishing their attacks on victims. They may use bladed weapons, vehicles, explosives, booby traps, body armor or any tool that, in the circumstance in which it is used, constitutes deadly physical force. 13. Historically have not attempted to hide their identity or conceal their attacks. 14. May employ some type of diversion. 15. May be indiscriminate in their violence or they may seek specific victims. 16. Usually have some degree of familiarity with the building or location they choose to occupy. In the case of school and college shootings, almost always attack fellow classmates. 17. Active shooter events are dynamic and may go in and out of an "active" status; a static incident may turn into an active shooter event or an active shooter may go "inactive" by going to a barricaded status without access to victims. 18. Escape is usually not a priority of the active shooter. 19. Active shooters may be suicidal, deciding to die in the course of their actions either at the hand of others or by self-inflicted wound. The original plan contemplates … suicide-by-COP.

TACTICS:

Page 3 of 7 Law Enforcement Policies and Procedures, 6.06 Active Shooter

The following seven [7] tactical tenets set general tactical response guidelines for an active shooter incidents. Again, these incidents are unique such that their effective handling cannot be totally reduced to systematic procedures. This tactical discussion is not meant to limit conventional tactics, which might be appropriate to a crisis situation. The significant factors regarding these that they represent a means of intervention available to officers when there is an elevated risk to bystanders and officers. The risk is acceptable in light of the potential these tactics have for saving lives.

Another significant aspect of the active shooter tactical doctrine is that officers arriving at the scene of an active shooter incident are authorized to intervene immediately, prior to the arrival of command personnel or special units. 1. Goals - The overall purpose of these tactics is to save lives and limit serious injuries. Important goals for law enforcement response to an active shooter event are neutralization the attacker, denying access to additional victims, and rescuing injured victims and potential victims. 2. Assume Tactical Responsibility – Upon arrival the first officer at the scene takes charge of the incident. If more than one officer arrive simultaneously, or as the scene develop tactical responsibility may be based on rank, expertise, or seniority. However, it is to be made imminently clear to both communications centers and other officers, who are in-charge. An officer of superior rank who is on scene and fully briefed may ultimately assume incident command. Any change in incident command is made known to dispatch and others immediately. 3. Situational Analysis - The officer taking charge, based on what information is available, make a rapid situation analysis. The analysis is continuous, taking into account new information as it is received. The first decisions is whether the situation is an active shooter event, whether an opportunity exists for immediate intervention leading to accomplishment of one of the goals listed above, and how responding resources should be employed at the scene. By their very nature, these decisions need to be made within a few seconds or minutes, with incomplete data, and often unreliable and confusing facts. Officers placed in such a position, are simply expected to do the best they can with what is handed to them. 4. Incident Command - The first officer arriving on scene initiates incident command. He/she initiates the situation analysis and determines initial deployment of responding resources. This may involve deployment of resources as they arrive, by radio. Command personnel en route to the incident monitor the radio to gain information, but not to obstruct ongoing intervention. Any command personnel are on scene and fully briefed before assuming responsibility of incident command. 5. First Responder Tactical Intervention - When responding to active shooter incidents, the concept of first responder tactical intervention allies. It is critical that all officers, supervisors, and command personnel are familiar with the definition of an active shooter as well as the tactics deemed appropriate for active shooter response and intervention. The traditional uniform responses of contain, isolate, evacuate, and wait for SWAT and crisis negotiators is not adequate in an active shooter incident. The first officer on scene needs to consider the following:

Page 4 of 7 Law Enforcement Policies and Procedures, 6.06 Active Shooter

a. Containment - First responder intervention is based on opportunity. Tactical intervention is the primary component of an active shooter response. Individual action is discouraged, as it is usually counterproductive to a coordinated, focused response to an active shooter event. However in instances where officers are arriving at intervals, individual deployment and coordination via radio is the only practical option. b. Rescue/Contact Team - Rescue teams are usually in the form of officers with an identified element leader. Team movement is in a controlled and disciplined tactical action under the control and direction of the element leader. 6. Active Shooter Site Security - No location associated with an active shooter is considered secure until the incident commander declares it is so. Officers assigned to security functions maintain positions until properly relieved. 7. Special Weapons and Tactics (SWAT) - When SWAT units are prepared to deploy, the initial responding officers may be relieved or redeployed by SWAT.

DEPLOYMENT CONSIDERATIONS – ACTIVE SHOOTER VS. HOSTAGE/BARRICADE EVENT:

Attempt to distinguish the difference between an active shooter and a hostage/barricade situation. At first glance a hostage/barricade and an active shooter call may look and feel very similar, but there are distinct differences for responding officers.

The main difference is that victims are currently being killed or attacked during an active shooter event, while a hostage/barricade event is more static. Take care as an active shooter situation can become a hostage/barricade event quickly and without warning and vice-versa. Here are some tactical considerations, if and when the situation changes:

Hostage/Barricade Patrol Response: A practical patrol response to a barricade/hostage situation is defined with the 5-Cs:  Contain;  Control;  Communicate;  Call SWAT and negotiators; &  Create an immediate action plan.

Once this is accomplished, gather intelligence and prepare for transition to tactical operations. In such operations with good organization, time is generally on your side.

Page 5 of 7 Law Enforcement Policies and Procedures, 6.06 Active Shooter

are based upon the following team movement axioms:  Stay together as much as possible;  540º of coverage around the team;  Communication;  Work the angles;  Threshold evaluations; &  Move only as fast as you can shoot accurately and think

The rapid response of patrol officers to an active shooting has several advantages. By overwhelming the suspect(s) with effective tactics, the first responder(s) can:  Isolate the suspect(s) from additional victims;  Distract the suspect’s attention away from innocent victims, & place the suspect under duress; &  Neutralize the suspect(s) as a threat.

The first responding patrol officers to an active shooter scene realize that it is not a realistic objective to save everyone trapped inside. The number one goal is to mitigate the damage and save as many lives as possible.

The initial response of 2 or 3 officers to the scene to form a single Contact Team to enter the structure, understands the inherent risks of doing so. Although this should not be your first typical response, first responders should be empowered to make the decision based upon the information available to them at the time.

The minimum number of officers to form a Contact Team is two (2). The recommendation is to have a back-up, make sure that the 540º of coverage is secured. The maximum number of officers on a Contact Team should not normally exceed five (5). If there are more than 5 officers on scene, then there should be an additional Contact Team or Rescue Team formed. Here are examples of tactical team formations:  Two Men Teams: o 2 Man Tethered Formation (Dynamic Movement); & o 2 Man Side-by-Side Formations (Deliberate Movement).  Three Men Teams: o 3 Man Tethered Formation (Dynamic Movement); & o 3 Man Side-by-Side Formations (Deliberate Movement).  Four Man Teams: o 4 Man Diamond Formation – Best suited for narrow environments, it is a smaller target and is best suited when team is moving rapidly toward an objective; o 4 Man “T” Formation – Best suited for work at a slower moderate pace or larger hallways; & o 4 Man “Y” Formation – Is best utilized when the team is traveling at a deliberate search speed, and for intersecting hallways.  Five Man Teams:

Page 6 of 7 Law Enforcement Policies and Procedures, 6.06 Active Shooter

o 5 Man Double Rear Guard; & o 5 Man Team Leader/Special Skill/Knowledge

All Teams consist of forward and rear security at all times, to support the 540º coverage concept.

Team Movement:

Speed of Movement (Dictates Formation Used)

Stealth/Deliberate - There are two scenarios in which this speed is useful:  First responders do not know the location of the suspect(s) and are conducting a deliberate search.  First responders start to get close to the area where the suspect(s) may be located but the exact location is still unknown.

Stealth/Deliberate speed in not used when shots can be heard or the team has specific intelligence about the location of the suspect(s).

Putting It All Together:  Marshall available resources for rapid deployment to stop the killing;  If neutralization of the threat is impossible, move to contain and isolate;  Control the Scene and Gather Information;  Communicate your actions and information gathered to all parties involved; &  Direct responding officers to aid in rescue of wounded victims and hostages.

Page 7 of 7 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Hostage or Barricaded Suspect Policy Number: 6.07

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

During hostage or barricaded subject incidents officers of Olmos Park Police Department first consider the protection of innocent life, and second, bringing about a peaceful resolution to the situation if reasonably possible without compromising officer safety, or the need to bring suspects to justice.

DEFINITIONS:

 Active Shooter: A person who is actively attempting to fire upon or otherwise seriously injure or kill one or more hostage(s), citizen(s), or officer(s).

 Barricaded Subject: Any individual who is reasonably believed to be a threat to commit serious bodily injury or death to hostages, officers or others in the community and who is in a stronghold position.

 Hostage: Any person held by another against his will by force or threat of force, expressed, or implied.

 Incident Commander (IC) – The senior officer at the scene or an officer given command of an incident that is experienced in managing this or similar tactical events.

Page 1 of 7 Law Enforcement Policies and Procedures, 6.07 Hostage or Barricaded Subject

PROCEDURES:

Objectives: During hostage or barricaded suspect incidents Olmos Park Police Department officers: 1. Consider the lives and safety of officers, hostages, other involved civilians, and by-standers the primary factor; 2. Peacefully resolve the incident through communication with the suspect if possible; 3. Develop and maintain the ability to use alternative approaches to resolve incidents, if communications fail; & 4. Make every reasonable effort to affect the safe release of the hostages.

Patrol Officers: Patrol officers responding to hostage or barricaded subject incidents generally may not initiate tactical actions other than those necessary to protect the lives and safety of themselves or others. The exception is in instances where an active shooter is encountered. In such cases the necessity for immediate action to protect innocent life is paramount. As with any life threatening situation, the level of force employed is consistent with this agency’s use of force policy.

With the exception of active shooter incidents, once persons are moved to safety, officers then: 1. Notify a supervisor of the incident and circumstances; 2. Contain and isolate the incident scene, establishing an inner containment perimeter to provide a reasonable degree of safety while maintaining contact with the incident scene; 3. As time and resources permit, establish an outer containment perimeter to control pedestrian and vehicular traffic into the area; & 4. Evacuate occupants of affected residences and businesses to a point beyond the outer perimeter.

Incident Commander (IC): The first officer at the scene is in charge until command is transferred to a supervisor, and then the ranking officer at the scene is in charge until specifically relieved by a superior. An Incident Command Center should be activated and the incident operates under the I.C.C. The IC normally: 1. Evaluate the situation in an effort to determine how many suspects and/or hostages are involved, and if possible, determine how the suspect is armed; 2. Request assistance from the Special Response Team (SRT) or Special Weapons And Tactics (SWAT) unit, and the Hostage Negotiating Team; 3. Confirm that the SRT or SWAT is responding, and determine the estimated time required for the unit to assemble and prepare for action; 4. Delegate the tactical mission to the commander of the tactical response team; 5. Develop a communications and negotiations process and an emergency response team reaction;

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6. Establish an inner and outer perimeter, command post, tactical operations center, negotiations center, and a staging area for officers and others arriving for assignment; 7. Assign a press center and an officer for press liaison; 8. Verify that traffic and crowd control is established and that routes for emergency vehicles have been designated; 9. Make provisions for recording personnel assignments and developing a chronological record of events at the command center and tactical operations center; 10. Ensure that necessary equipment from the fire department is made available at the staging area together with any other units or equipment such as canine teams, aviation, or marine units; 11. Ensure that emergency medical services are available at the site; 12. Request assistance or standby from support agencies such as fire/EMS as necessary or anticipated; 13. Identify and establish a staging area for support agencies and personnel to assemble. The staging area should be near the incident, but out of harms way; 14. Notify additional agencies with specialized teams in the immediate area, should the incident be prolonged and relief of personnel is essential to the operation; & 15. Contact the Federal Aviation Administration (FAA) and request for the airspace over the incident area to be closed to low-flying aircraft.

SRT or SWAT Commander: The commander of the tactical response team assists the IC by: 1. Determining equipment needs and assigning personnel to control and contain the inner perimeter; 2. Designating marksmen and entry teams, if necessary; 3. Ensuring that personnel manning the inner perimeter maintain firearms discipline and are provided with periodic relief by appropriate tactical response team members; 4. Preparing appropriate logistical plans to include diagrams of the location in question; 5. Ensuring the establishment of a tactical operations center, if necessary; & 6. Maintaining contact with and keeping the command post informed of all developments and operations.

Hostage Communications Team: The individual in charge of communicating with the barricaded subject: 1. Provides any requested assistance to the IC; 2. Provides trained primary and secondary negotiators and, if available and necessary, a negotiations investigator; 3. Obtains all pertinent information about the hostage taker, the hostages, hostage site, and other barricaded subjects; 4. Designates a location to interview witnesses, released hostages, and others; & 5. Debriefs hostages following the incident.

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General Rules of Negotiation: When the negotiator attempts to make contact with the barricaded subject, he/she should: 1. Avoid soliciting demands; 2. Listen carefully for clues regarding the subject’s emotional state; 3. Avoid bargaining or making concessions; 4. Reassure the subject that police are not going to storm the building; 5. Never offer the subject anything; 6. Minimize the seriousness of subject’s crimes; 7. Never refer to people being held as “hostages”; 8. Avoid tricks and try to be honest; 9. Never say “No” to a demand (you do not have to say “Yes”, either); 10. Never make suggestions; & 11. Never use “outsiders” to talk to subjects.

Psychological Services: Psychological services serves as a resource to the hostage communications team to: 1. Monitor communications between the negotiators and subjects and provide negotiators with assessments of effectiveness, recommended strategies, and other relevant information; 2. Assist in interviewing witnesses and debriefing hostages; & 3. Provide professional assistance to hostages, witnesses, and others as may be necessary.

Use of Force: Officers are authorized to use reasonable force, including deadly force, to stop active shooters or suspects who pose immediate danger to officers, hostages, or the public. In exercising their discretion in these matters, officers are cautioned that their actions are to conform to the agency’s use of force, less-lethal weapons, and other policies and procedures.

TACTICAL CONSIDERATIONS:

DEPLOYMENT CONSIDERATIONS – ACTIVE SHOOTER VS. HOSTAGE / BARRICADE EVENT:

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Once this is accomplished, gather intelligence and prepare for transition to tactical operations. In such operations with good organization, time is generally on your side.

Active Shooter Patrol Response: The concepts and principles of patrol response to an active shooter (homicides in progress), are based around the concept of inserting a team into a hostile environment with limited to no intelligence, and getting the team to the exact location of the shooter(s) as soon as practical. The team thereby inserts itself and move past un- cleared areas while providing team security from counter strikes. Guiding principles during these operations are based upon the following team movement axioms:  Stay together as much as possible;  540º of coverage around the team;  Communication;  Work the angles;  Threshold evaluations; &  Move only as fast as you can shoot accurately and think

The minimum number of Officers to form a Contact Team is two (2). The recommendation is to have a back-up, make sure that the 540º of coverage is secured.

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The maximum number of officers on a Contact Team should not normally exceed five (5). If there are more than 5 officers on scene, then there should be an additional Contact Team or Rescue Team formed. Here are examples of tactical team formations:  Two Men Teams: o 2 Man Tethered Formation (Dynamic Movement); & o 2 Man Side-by-Side Formations (Deliberate Movement).  Three Men Teams: o 3 Man Tethered Formation (Dynamic Movement); & o 3 Man Side-by-Side Formations (Deliberate Movement).  Four Man Teams: o 4 Man Diamond Formation – Best suited for narrow environments, it is a smaller target and is best suited when team is moving rapidly toward an objective; o 4 Man “T” Formation – Best suited for work at a slower moderate pace or larger hallways; & o 4 Man “Y” Formation – Is best utilized when the team is traveling at a deliberate search speed, and for intersecting hallways.  Five Man Teams: o 5 Man Double Rear Guard; & o 5 Man Team Leader/Special Skill/Knowledge.

All Teams consist of forward and rear security at all times, to support the 540º coverage concept.

Team Movement:

Speed of Movement (Dictates Formation Used)

Stealth/Deliberate speed in not used when shots can be heard or the team has specific intelligence about the location of the suspect(s).

Dynamic/Direct to Threat - This speed of movement is used when the team has information as to the location of the suspect(s). Move as fast as you can shoot accurately and think, as a unit. The team is to get to the shooter quickly to stop the killing. Putting It All Together:  Marshal available resources for rapid deployment to stop the killing;  If neutralization of the threat is impossible, move to contain and isolate;

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 Control the Scene and Gather Information;  Communicate your actions and information gathered to all parties involved; &  Direct responding officers to aid in rescue of wounded victims and hostages.

Page 7 of 7 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Electronic Control Device Policy Number: 6.08

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Officers maintain a readiness and ability to act in instances where, in their perception, the use of force or deadly force may be appropriate. By maintaining readiness and capacity including the use of electronic control devices officers may reduce the likelihood of having to employ more than non-deadly force.

DEFINITIONS:

 Electronic Control Device [ECD] – A non-deadly force weapon designed to stop an attack; subdue fleeing, belligerent, or potentially dangerous subjects; or stop a perceived threat of suicide or self inflicted injury. The device used may be hand-held, shoulder fired munitions, or a hand discharged device. In most configurations such devices are an electroshock weapon that uses electrical current to disrupt voluntary control of muscles. Sometimes called an electronic stun device in general. Also often referred to as a TASER™ due to this manufacturer’s high profile presence in the market.

 TASER™ - A leading manufacturer and supplier of electronic control devices to law enforcement and the general public. It is common for ECD devices to mistakenly be referred to as a Taser, regardless of the manufacturer

Page 1 of 9 Law Enforcement Policies and Procedures, 6.08 Electronic Control Device

ECDs & USE OF FORCE DISCUSSION:

ECDs are force and control tools and are governed by the same usage criteria as other use of force devices and techniques. As with other use of force options, officers are authorized to use force, which – from the perspective of the reasonable officer on the scene – allows the officer to lawfully perform his or her duty. When determining the force to be used, officers should consider:  Nature of the crime or other precipitating event;  To what degree the individual presents an immediate threat to the safety of the officer or others, including the suspect himself; &  Whether the individual is actively resisting arrest or attempting to evade arrest by flight.

Officers should also consider the degree to which the situation is tense, uncertain and rapidly evolving. Refer to policy Use of Force & Deadly Force for guidance.

ECDs are not a substitute for deadly force. Officers that choose to use ECDs in a deadly force situation should only do so when such use does not place the officer or others in greater danger. Generally, this means that officers should only use ECDs in such situations when other officers are present, and are prepared to use deadly force should the ECD application be unsuccessful.

ECDs are non-deadly weapons, in that their use is not likely to result in death or serious injury. However, no use of force option is risk free. While serious injuries from ECD use are rare, they are possible – particularly involving falls.

AUTHORIZED ECD USE:

As with other use of force tactics and devices, only members of this agency that have successfully completed an agency approved electronic control device (ECD) training program are authorized to carry and use ECDs. Officers may also receive more specialized ECD training, such as extended range cartridges, projectiles, or area denial systems, preparing them to use these additional force options.

Carrying or use of ECD equipment may be limited to particular staff positions or tactical situations.

ECDs may be used when an individual is actively aggressive, actively resisting, or when an individual is acting in a manner that may be harmful to themselves or others.

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ELEVATED ECD & USE OF FORCE RISK FACTORS:

On occasion, situational or environmental factors, or suspect characteristics, may lead to an increased potential for harm when force is used. This can occur through either primary injuries caused by the weapon or technique itself; or, secondary injuries that might occurred such as a fall from height during the event. In such instances, an officers’ justification for a particular application of force may be elevated if time permits. Factors to consider carefully, time permitting include:  Presence of flammable liquids or vapors;  Elevated heights;  Proximity to traffic, or other hazardous environmental factors;  Individual operating a motor vehicle or other heavy equipment;  Swimming or other body of water;  Pregnancy;  Frail or infirm individual (may include small children or elderly people);  Individual is running;  Intentionally targeting a sensitive area of the body; &  Lengthy or excessively repeated ECD applications.

Additionally, officers should be mindful of societal expectations regarding certain groups of people. While members of these groups do participate in criminal activity, and can be as dangerous to officers and others, as anyone else, officers’ conduct in handling certain groups of individuals is often held up to greater public scrutiny. Officers may be expected to provide increased justification for use of force, including ECDs, involving known or suspected:  Children;  Senior citizens;  Physically or mentally disabled persons;  Completely restrained subjects;  Passive protesters; or  Non-threatening arrestees.

Officers may use an ECD in controlling a detained individual that is violent, assaultive, or otherwise aggressive, such that officers reasonably perceive that the detainee presents an immediate threat to his own safety, safety of officers, or safety of the public in general. ECDs should not be used:  Punitively;  As a prod or escort device;  To awaken or motivate unconscious, impaired, or intoxicated individuals;  For horseplay, or for unauthorized demonstration or experimental exposures;  On a handcuffed or restrained individual that is under control; or  For any illegal purpose, such as coercion.

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USE CONSIDERATIONS – CARRYING & USE:

The following are general instructions for the carrying and use of ECDs while on duty:  When officers are in uniform, ECDs are carried in an approved holster, in a position on the officer’s belt that is on the opposite side of his of his or her body from the officer’s handgun.  ECD devices are carried with safety switches set to safe mode.  ECD equipment, as with other issued equipment, is tested in accordance with the manufacturer’s guidelines.  Storage in the home or vehicle is the same as with firearms.

ECD Use Report: ECDs and components issued to officers are recorded in the supply system records. Officers complete a use of force report for all ECD deployments as required by the department’s use of force reporting guidelines found elsewhere in this manual. These reports are reviewed by a supervisor trained and experienced in the use of ECDs.

Tactical Applications: Employees authorized to carry and use a TASER product understand and apply guidelines as contained in Attachment A, to this policy.

Other ECD Systems: Employees authorized to carry and use other than TASER ECD equipment understand and apply the guidelines and cautions as presented by the manufacturer, and as contained in Attachment B, to this policy.

Page 4 of 9 Law Enforcement Policies and Procedures, 6.08 Electronic Control Device

Attachment A

TASER™ Carry & Use

USAGE CONSIDERATIONS – CARRYING & USE:

In addition to instructions and guidelines contained in this policy, the following are general instructions for the carrying and use of TASER brand ECD items while on duty:  Device is carried with a cartridge mounted, with the safety switch in the “safe” position.  Officers are normally issued a minimum of one spare cartridge and have it accessible in case of a cartridge failure or the need for re-application.  ECDs are always pointed in a safe direction with the safety on during loading, unloading, or other necessary handling.  When drawing the ECD, officers should be mindful of the similarities between their ECD and their handgun. Officers should reasonably identify that they have, in fact, drawn their ECD and not their firearm.  Officers may gain compliance from an individual by activating the ECD, and placing the laser “dot” on the individual. Alternatively, officers may remove the TASER cartridge, and “spark” the weapon as a demonstration, in order to gain compliance. Care should be taken to handle the TASER and cartridge safely during such tactics, consistent with training.

FIRING – PROBE DEPLOYMENT

If an officer decides to fire an ECD, and if safe and feasible to do so, officers should announce that they are deploying an ECD, so as to warn other officers and bystanders in the immediate area. In training, officers learn to shout “TASER, TASER, TASER” as a warning.

When aiming the ECD, the preferred targeting area is the rear of the individual, below the neck. If engaging an individual from the front, the preferred targeting area on the front of the body is below the rib cage, sometimes referred to as “low center mass”. Ideally, officers should attempt to split the belt-line, placing one probe above and one probe below the subject’s belt. This generally results in the greatest incapacitation effect.

Realizing that use of force encounters are fluid and dynamic – and that contacting a specific strike zone is often not possible -- officers should avoid aiming at the head, face, eyes, neck/throat, upper chest, groin or female breast areas of the individual, unless the officer perceives that higher levels of force are reasonably justified.

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Most ECDs discharges are for a five-second cycle. If possible, officers should use this time as a window of opportunity in which to take control of the subject. This is called “cuffing under power”. Should the individual continue his or her aggression or resistance, additional cycles can be applied.

As with other use of force applications, officers should attempt to gain control as safely and efficiently as they reasonably can. It is desirable to gain control of the individual in a manner that negates the need for multiple ECD cycles.

TASER-CAM RECORDING

If the TASER unit is equipped with the optional TASER-Cam recording device, the camera is activated when the safety switch is moved to the armed or fire position. When this occurs, a video and audio recording of the actual firing of the TASER is captured, and the recording continues until the safety switch is moved to the safe position.

If this is the case, officers should consider – if safe and feasible to do so – activating the safety switch prior to the actual firing of the ECD, in order to record some of the subject’s behavior that led to the use of the TASER. When doing so, officers should keep their finger away from the trigger of the ECD, and should consider aiming the TASER slightly off target, so as to continue to record the subject, but to avoid targeting the subject should the TASER unintentionally fire.

Officers should also consider keeping the TASER switch in the on position with the TASER device pointed toward the subject after firing, so as to continue recording the subject in the aftermath of ECD use.

FIRING – DRIVE STUN MODE

TASER ECDs can function in drive stun mode, with or without a live cartridge mounted on the front of the weapon. If the cartridge is in place and probes are fired at contact range, the probes are so close together that the effect they deliver is that of a drive- stun. The ECD can then be moved, and placed on another part of the individual’s body, creating the second contact point needed for incapacitation. Drive stuns are not the most effective use of a TASER ECD. If an individual is impervious to pain delivered by other use of force options, then drive stuns are unlikely to gain control through pain compliance. A TASER device used in drive stun mode is: 1. Primarily a pain compliance tool due to the lack of probe spread; 2. Less effective than conventional cartridge type deployments; 3. A focus of a disproportionate number of ECD complaints and allegations, specifically focused on allegations of coercive and punitive use on handcuffed/grounded subjects; &

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4. More prone to leaving signature marks on the subject’s skin than cartridge deployment.

POST USE PROCEDURES:

Remove the probes from the individual in the field, in the manner prescribed in training. Officers removing probes wear bio-protective gloves during the removal process. An antiseptic swab is normally applied to the punctured areas of the skin and bandages applied.

Inspect the probes after removal to ensure that the entire probe and its barbs have been removed. If any part of the probe breaks off in the subject and remains embedded in the subject’s skin, medical personnel are summoned to the scene to assess the subject and remove the lodged probe. Medical personnel are also requested to remove any probe that is hard to remove or is located in sensitive areas; such as head, face, eyes, neck/throat, groin or female breast. This may result in the subject being transported to a medical facility for probe removal.

Photographs are taken of probe impact sites and other related injuries as soon as it is practical to do so, when lawful and appropriate to do so. For example, in some cases such as with juvenile subjects, or probe strikes on genitals, or female breasts, it may not be permissible to take photos. While it is important to preserve evidence, it is also important to not violate applicable medical privacy or HIPAA laws.

Be alert for any apparent injury that may or may not have been brought about by your actions or the application of this use of force, which left unattended could become a serious problem for either the injured suspect or the agency.

If reasonably needed, EMS personnel are summoned to the scene to assess the suspect. As indicated the subject can be transported by an appropriate method for further medical evaluation or treatment. Accordingly, an individual exposed to ECDs receives medical attention in the following situations:  When officers reasonably believe the subject is exhibiting any unusual effects of the ECD use, or exhibiting any other signs of medical distress.  When the subject requests medical attention.  Remember medical treatment is provided to anyone who requests it.

TRANSPORT & TRANSFER ISSUES

Once it is determined that officers are to transport the individual, avoid transporting him or her face down if practical. Monitor the individual during transport, in order to conduct an on-going assessment of their apparent condition. If the individual exhibits signs of

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medical distress or need, divert to a location where they can receive medical attention or call for emergency medical assistance.

When turning the individual over to a detention or corrections officer, EMS personnel, other officers, medical staff, or anyone else, notify the receiving party of the ECD exposure and any other information that is relevant.

EVIDENCE COLLECTION:

Use of an ECD typically yields several items that may be collected as evidence: the expended cartridge, the wire, probes, and the scattered anti-felon identification device [AFIDs], often referred to as confetti. Such items may have evidentiary value depending upon the nature of the case. If the incident is high-profile, or if serious injury is initially alleged, then the probes, wire, and the expended cartridge(s) are maintained as evidence appropriately secured, tagged, and identified as bio-hazard(s).

AFIDs need only be collected and maintained as evidence if reasonably necessary, such as where identification of who discharged the ECD is a foreseeable problem or issue.

If officers determine that the AFIDs need to be collected and maintained as evidence, then officers attempt to locate several of the AFIDs dispersed at the time of the cartridge discharge. If collected, AFIDs are placed into evidence with any expended cartridge(s).

Cartridge wire can be used to explain certain aspects of the deployment. If wires are to be collected, they should be preserved by gathering them up loosely (leaving them attached to the probes and cartridge, if possible) and placing them loosely into a large paper bag. Avoid stretching or twisting the wire, as that can remove evidentiary value. Do not wrap the wire around the cartridge body, or any other object.

Where the evidentiary aspects of an ECD probe deployment is not a reasonably foreseeable issue, and where there is no indication of serious injury, probes and expended cartridges are not routinely maintained as evidence. Properly dispose of such items as directed by training or instructed by a supervisor.

Probes are sharp and can cause injury if handled improperly. There may also be biohazard on them if they struck an individual. As always, handle these and other sharp items with caution.

TASER ECD DATA DOWNLOAD:

TASERECDs are downloaded consistent with the department’s reporting and evidence collection guidelines that are contained elsewhere in this manual.

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Attachment B

Reserved

Page 9 of 9 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Rifles & Shotguns Policy Number: 6.09

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

In order to protect and save innocent lives, Olmos Park Police Department provides alternatives to the standard sidearm carried by officers. This includes the deployment and use of rifles and shotguns in situations perceived to require a more determined deterrent posture or force.

DEFINITIONS:  Exigent Circumstances – A perceived dangerous situation requiring swift action to prevent imminent threat to life or serious damage to property, or to forestall the imminent escape of a suspect, or destruction of evidence. There is no ready litmus test for determining whether such circumstances exist, and in each case, the extraordinary situation is properly evaluated by review what the officer perceived at the time of the event.

 Long Guns - Includes automatic and semi-automatic rifles, and shotguns, and larger caliber weapons designed to fire projectiles. Projectiles may include both lethal and less-lethal (gas rounds, rubber or wooden projectiles, etc).

 Rifles – A firearm designed to be fired from the shoulder, with a barrel that has a helical groove or pattern of grooves (rifling) cut into the interior barrel walls.

 Squad Ready - The shotgun or rifle’s bolt is forward on an empty chamber with the safety on.

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DISCUSSION:

Over the past several years the world has experienced a growing trend of mass homicides (active shooter) and other violent crimes (bank robbery, bomb planting, etc.) committed by heavily armed individuals. In many instances these individual are using automatic and semi-automatic rifles, shotguns, and special munitions, while wearing body armor. See policy Special Munitions, and Distraction Devices, and policy Special Munitions – Less Than Lethal for more information relating to special munitions.

Lesson learned from these encounters dictate that a typical police response involving containment, isolation, and negotiation is not adequate. Unlike most criminals, these violent combatants are likely to continue to use deadly physical force until intervention occurs or until the shooter decides to stop. All too often indiscriminate mass homicide is a means unto itself.

These situations require rapid response, quick evaluation of the situation, formulation of a plan, and immediate tactical response to locate and contain the shooter. First responders arriving at the scene most often move to locate and contain the actors, and rely on other arriving personnel to rescue, move, and treat victims. Because of these growing trends, this agency authorized the use of long guns (shotguns and rifles) to officers. For more guidance on related tactics, refer to policy Active Shooter.

Exigent Circumstances Exception: Nothing in this policy and the associated procedures limits an officer’s use of a rifle, shotgun, or other available weapon(s) in an extreme emergency or exigent circumstance. This exception contemplates the need for officers to arm and defend themselves or others with whatever means are practical when facing what is perceived to be overwhelming force or resistance.

PROCEDURES:

Officers are reminded that the use of long guns is consistent with the policy and guidelines outlined in the Use of Force & Deadly Force policy.

Proficiency: As with other weapons officers demonstrate proficiency with the type and caliber [or gauge] of the rifle or shotgun prior to carrying or using any such weapon.

Officers equipped with automatic long guns are trained in methods and tactics of selecting automatic and semi-automatic modes, and demonstrate proficiency in selecting and controlling both types of fire.

Page 2 of 3 Law Enforcement Policies and Procedures, 6.09 Rifles & Shotguns

Shotgun or Rifle Deployment: Rifles and shotguns are most often deployed in the following situations: 1. Individuals perceived to be wearing armor or carrying explosives; 2. Active shooter; 3. Alarm response (robbery & burglary); 4. Known armed suspects; 5. Building entry; 6. Search warrant service; 7. Hostage situations; 8. Violent felony arrest warrants; 9. Displayed and readied by a secondary or backup officer to provide deterrent to violence; & 10. Etc.

Ammunition: Except in exigent circumstances, only ammunition issued by this agency is authorized for use in agency issued or approved weapons.

Safety: 1. Long guns are inspected daily by the oncoming officer. 2. Long guns are carried in squad ready mode in agency vehicles, and are secured in an appropriate rack inside the passenger compartment of the vehicle, trunk, or locked storage container. 3. When long guns are deployed, they are fully loaded (round chambered) with the safety engaged until ready to fire. 4. After deployment, (not fired) weapons are returned to the squad ready mode and re- secured in vehicle. 5. After deployment (weapon fired) weapons are made safe and turned over to a designated investigator along with any unfired ammunition. 6. Especially with long guns, know your target, and what is beyond. 7. Projectile penetration is important, especially in buildings and confined spaces.

Page 3 of 3 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Body Armor Policy Number: 6.10

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Officer safety and survivability is enhanced through the use of body armor in combination with other safety procedures and equipment. While body armor provides a significant level of protection, it is not a substitute for the observance of officer safety procedures.

DEFINITIONS:

 Field Activities - Duty assignments and/or tasks that place or could reasonably be expected to place officers in situations where they would be required to act in enforcement rather than administrative or support capacities.

PROCEDURE:

Issuance of Body Armor: It is important to know that body armor: 1. Issued by this agency complies with the standards recommended by the National Institute of Justice [NIJ]. 2. Issued by the agency that is unserviceable is timely replaced. 3. Purchased by individual officers is only to be used after agency confirmation that it complies with policy guidelines. 4. That any issued equipment including body armor that is misused or abused by an employee may be paid for by the officer.

Use of Body Armor: 1. Body armor is worn by recruit officers during both classroom and field training with few exceptions. 2. Officers both uniformed and non-uniformed, are required to wear body armor while engaged in field activities both on-duty and during extra-duty employment unless specifically exempt: a. When an agency-approved physician determines that an officer has a medical condition that would preclude wearing body armor;

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b. When the officer is involved in undercover or plain clothes assignment wherein a supervisor determines that wearing a vest could compromised the operation; or c. When the agency determines that circumstances make it inappropriate to require the use of body armor.

Inspections of Body Armor: 1. Supervisors ensure that body armor is worn and maintained as required, through recurring observations and periodic inspections. 2. Annual inspections of body armor may be conducted for fit, cleanliness, and signs of damage, abuse, and wear.

Individual Officer Responsibilities: In addition to other officer duties and responsibilities discussed in this policy, officers are responsible for: 1. Proper storage, maintenance and care of body armor consistent with manufacturer’s instructions. 2. Routinely inspecting personal body armor for signs of damage, wear, and cleanliness. 3. Cleaning and removing dirt and perspiration that may erode ballistic panels in accordance with manufacturer’s instructions. 4. Reporting damage or excessive wear to their supervisor. 5. Replacing items in accordance with guidelines of this agency and NIJ.

Assessment & Data Collection: The training officer is responsible for: 1. Monitoring technological advances in and NIJ standards for body armor that may necessitate evaluation of issued body armor. 2. Assessing weapons and ammunition currently in use and the suitability of approved body armor to protect against most common threats. 3. Maintaining data on incidents where body armor is involved, including traffic accidents.

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CIVIL & EMERGENCY RESPONSE Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Fire Scene Policy Number: 7.01

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

The Olmos Park Police Department has specific procedures and tactics to employ when responding to a fire scene.

DISCUSSION:

Fire is one of the most dangerous incidents that can occur within a jurisdiction. Fire departments have primary responsibility for fire prevention, suppression, and management. Additional concerns for fire and law enforcement are effects the fire may have on hazardous materials, critical infrastructure, operations, and public safety. The preservation of life and property and the safety of first responders are primary goals of any fire response plan.

Law enforcement support at a fire scene may include initial response, traffic and crowd control, and follow-up investigation. Law enforcement in jurisdictions served by volunteer fire departments may take a more active role in initial fire response, until sufficient volunteers can gather and arrive on scene.

The Incident Command System [ICS] may be activated depending on the conditions at the incident location. If ICS is activated, response may be coordinated through the Emergency Operations Center [EOC].

PROCEDURES:

Initial Fire Response: 1. Typically, the nearest available officer(s) is dispatched to the fire scene and additional officers may be dispatched as needed. 2. The radio net remains clear until responding units announce their arrival and report on status of the fire. 3. Only if it is safe to do so, officers will implement RACE as necessary: R - Rescue/Remove:

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Remove personnel from the immediate area of danger. A - Alarm: Ensure the fire department is responding; notify other persons or properties nearby. C - Control/Contain: Disconnect electrical supply, close all doors & windows to eliminate oxygen supply, turn off any gas lines. E - Extinguish/Evacuate: Extinguish the fire or evacuate. Officers will not attempt to extinguish a structure fire. If the fire is small enough where a fire extinguisher is sufficient to suppress the fire, and the officer believes they can safely extinguish the fire the attempt should be made.

P.A.S.S. is the proper way to use a fire extinguisher: P - Pull the pin A - Aim at base of fire S - Squeeze S- Sweep side to side 4. Establish a perimeter keeping unauthorized persons out of the affected area. 5. Establish news media and spectator containment or observation areas. 6. Officers assigned to the scene remain on post until relieved by a Supervisor. 7. Supervisors remain informed of situation by monitoring radio transmissions and respond to requests for additional assistance. 8. ONLY the on-scene fire department incident commander can declare a scene safe and clear.

Evacuations: 1. Evacuation is considered an extreme measure and warranted only when lives are in immediate danger due to a severe hazard such as fire. 2. In the event of evacuation, agency personnel: a. Assist in evacuation of all persons and animals from the building, property, or area; b. Assist fire department in locating the fire, and evacuations; & c. Check the evacuated area, to ensure all persons and animals are out of harm’s way, and located in the designated evacuation area.

Fire in Agency Facilities: 1. The first employee to see smoke, fire, or become aware of a life threatening hazard within agency facilities, pulls the nearest fire alarm and activate the RACE concept. 2. When safe to do so, Olmos Park Police Department personnel deploy the available fire extinguisher(s) to put out any small fire. In doing so, remember PASS. P - Pull the pin A - Aim at base of fire S - Squeeze

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S- Sweep side to side 3. If evacuation is warranted, follow the posted evacuation routes. 4. Personnel not on assignment, and who cannot be reached by radio or cell phone, meet at the designated assembly area. 5. Employees remain in the assembly area until receiving an All Clear or additional instructions. 6. Due to the critical nature of their positions, telecommunicators evacuate the Communications Center only during immediate life-threatening situations. 7. In the event that Communications Center must evacuate, all personnel and agencies are notified and phones transferred to the designated the back-up Communications Center. 8. Any individuals under custody in restraints or in holding facilities are move to a secured location under armed escort. If no permanent facility is available, temporarily placing the detainees in a secured vehicle is acceptable. An armed officer will supervise the detainees and vehicle.

Special Instructions for Drills: 1. Fire drills are conducted on a regular basis within agency facilities. 2. During practice fire drills, telecommunicators remain at their posts and continue to perform normal duties until told otherwise. Any officer escorting a detainee, or supervising detainee(s) in temporary holding, remove the detainee, as part of the drill and secure them in another location, consistent with above.

Communications: 1. Officers must keep the Communications Center informed of his/her actions and location. 2. Communications are transmitted over the designated radio channel to ensure all officers, including telecommunicators and first responders are informed of the incident and changing status. 3. Officers not involved in the fire response immediately cease all non-emergency radio traffic or requests until authorized by the Communications Center to resume normal traffic.

After Action Reports: The Police Chief or designee is responsible for submission of a detailed After Action Reports regarding the agency’s response to incident, including, but not limited to: 1. Actions taken; 2. Positives; 3. Negatives; 4. Other risk management issues; 5. Mitigation; 6. Steps taken to return to normal operations; & 7. Any additional resources needed to return to normal operations.

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OUTSIDE AGENCY SUPPORT:  Olmos Park Fire Department 210-824-3281, Ext. 324 & Ext 328  Olmos Park Fire Station: 210-822-2000, 24 Hr. Dispatch

Page 4 of 4 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Emergency Management & Policy Number: 7.02 Incident Command System Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department plans for emergencies including natural and technological disasters. Meeting this objective is accomplished by supporting the Olmos Park Emergency Management Plans and maintaining agency-specific emergency plans; training staff in their responsibilities and duties regarding these plans; and coordinating with other emergency service agencies

DEFINITIONS:1

 Emergency Operations Center [EOC] - The physical location at which the coordination of information and resources to support incident management (on- scene operations) activities normally takes place. An EOC may be a temporary facility or may be located in a more central or permanently established facility, perhaps at a higher level of organization within a jurisdiction. EOCs may be organized by major functional disciplines (e.g., fire, law enforcement, medical services), by jurisdiction (e.g., Federal, State, regional, tribal, city, county), or by some combination thereof.

 Emergency Management/Response Personnel - Includes Federal, State, territorial, tribal, regional, and local governments, NGOs, private sector- organizations, critical infrastructure owners and operators, and all other organizations and individuals who assume an emergency management role. (Also known as emergency responder.)

 Emergency Operations Plan - An ongoing plan for responding to a wide variety of potential hazards.

1 http://www.fema.gov/emergency/nims/Glossary.shtm

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without being hindered by jurisdictional boundaries. ICS is the combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure, designed to aid in the management of resources during incidents. It is used for all kinds of emergencies and is applicable to small as well as large and complex incidents. ICS is used by various jurisdictions and functional agencies, both public and private, to organize field-level incident management operations

 Incident Commander [IC] - The individual responsible for all incident activities, including the development of strategies and tactics and the ordering and release of resources. The IC has overall authority and responsibility for conducting incident operations and is responsible for the management of all incident operations at the incident site.

 National Response Framework - A guide to how the Nation conducts all-hazards response.

PROCEDURE:

The National Response Framework is used to facilitate communications and coordinate multi-agency response during major emergencies. All Agency employees are familiar with and follow NIMS procedures during declared emergencies.

ICS is used to facilitate communications and coordinate multi-agency response during major emergencies. All Olmos Park Police employees are familiar with and follow incident command procedures during declared emergencies.

Emergency Manager: The Police Chief acts as the Emergency Manager for this agency whenever the community Emergency Management Plan is activated during emergencies or drills. The Police Chief is the primary liaison between the IC and/or EOC and the Agency. The Police Chief may report to the EOC during declared emergencies or may work from the Agency or a field

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command post, depending upon the nature of the emergency according to the Emergency Management Plan.

Emergency Management Plans: The Police Chief is responsible for providing Agency input to the Olmos Park Emergency Manager and assisting with development and review of emergency management plans, and integrating these plans into agency policies and procedures. These plans involve: 1. Bomb threats; 2. Hazardous Materials (Haz-Mat) incidents; 3. Major fires; 4. Natural Disasters including: floods, hurricanes, tornadoes, earthquakes, and blizzards; 5. Manmade disasters; 6. Medical Emergencies; 7. Major transportation accidents or incidents; 8. Interruptions in utility services; 9. Any act of terrorism outside of the Olmos Park community; 10. Employee Work Stoppage; 11. Hostage situations; 12. Active Shooter situations; 13. Evacuations; & 14. Other incidents as established by Olmos Park Administration.

Contents: Each emergency management plan contains: 1. Discretionary reaction options for staff first becoming aware of the emergency. 1. Supervisory notification procedures to include the telephone numbers in the agency, at home, and pager number of: a. Shift Supervisor a. Police Chief, & b. Other personnel as specified in the individual plan. 2. Command responsibilities when supervisory personnel are unavailable, including: a. The first arriving officer on the scene assumes the responsibility of command, and remains in command, until relieved by a superior officer or qualified personnel of another agency, with training and special skills pertaining to the specific incident; a. A senior staff member on duty assumes command of the emergency until the arrival of Police Chief or designee; b. Police Chief or designee assumes charge for the duration of the crisis;& c. In the event of a prolonged crisis, a relief schedule for command staff is established. 3. Establishing an emergency command post at the site which provides: a. Radio and telephone to staff; a. Sufficient space for tactical planning; &

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b. A safe area. 4. Emergency staff call-up procedures. Off-duty officers may be called in when additional support is needed. 5. Time keeping procedures established early in the crisis. As soon as possible, staff personnel are assigned specific duties in the emergency response. 6. Description of special equipment needs, depending on the type of emergency, and reliance on outside sources of equipment and personnel support may be involved. 7. The designation of staging areas for equipment and personnel and a designated coordinator for each location. This aids in organization and help eliminate a large gathering in one location. 8. Description of special communication needs. Radio frequencies for local fire department and emergency services, monitors for civil defense or weather warnings are included. 9. Procedures for information release to the media. News releases are only done with the approval of the Police Chief, in coordination with the EOC.

A follow-up investigation and report is prepared for the Police Chief, including an assessment of the effectiveness of the plan and staff response.

Training: Olmos Park Police Department employees receive emergency management plan instruction during: 1. Initial training; 1. Refresher training, not less than annually; 2. Updated training, if response plans change or are modified; 3. Specialty training for staff with critical roles; & 4. Joint or cross training with community and other government resources upon which the agency draws in an emergency.

Training for emergencies is based on the plans developed at the direction of Police Chief, and carried out by the Training Officer.

Review of Plans: Once developed, these plans are maintained in a ready status for reference, reviewed at least annually, or based on changes in response requirements for completeness and accuracy, and distributed to the: 1. Police Chief; 2. Olmos Park Fire Department & Emergency Medical Service.

Employees are required to review emergency plans at least at least annually, or based on changes in response requirements. New employees familiarize themselves with the plans and their individual roles.

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Revision: Emergency plans are living plans and are updated at least annually, or based on changes in response requirements, changing conditions, or as circumstances [e.g., new phone numbers or staff changes] dictate. As political and crime indicators dictate, plans are adjusted and added in an effort to keep pace with evolving threats.

When changes are made, all personnel are trained in the updated plans.

Page 5 of 5 EMERGENCY MANAGEMENT - HANDLING A CRISIS The First Thirty Minutes

The procedure followed in the first 30 minutes of a crisis is crucial in establishing how people perceive the crisis and their attitude about how it was handled. Here is a checklist to help you work through that crucial first 30 minutes.

1. Assign the appropriate person to handle the situation.

2. Understand the circumstances. Do not speculate.

3. Define the problem.

4. Consider all the options. Act decisively to ensure the safety and well-being of individuals, areas, and facilities that maybe affected.

5. Communicate with the staff.

6. Communicate with the media. In an emergency, the quickest way to reach the greatest number of people may be through the media.

7. Disseminate accurate information through the news media, key communicators, organization leaders, etc.

8. Change your telephone hotline message, if applicable. Keep this information as up-to-date as you can.

9. Ensure that all necessary officials have been notified.

Page 1 of 1 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Emergency Call-Out Procedure Policy Number: 7.03

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

It is the responsibility of all employees of Olmos Park Police Department to work cooperatively and productively in response to emergency.

PROCEDURES:

Notification of Police Chief: Dispatch notifies the Police Chief or designee concerning any major incident to include, but not limited to: 1. A police officer involved shooting; 2. Any serious physical injury to any officer or public employee; 3. Any homicide within the agency's jurisdiction; 4. Any crime or incident involving a "gang" or other groups of people who have the potential for violating the law; 5. Any serious crime against a federal, state, or municipal government and/or employee; 6. Any crime in which an officer of Olmos Park Police Department is a suspect; 7. Any civil unrest, natural disaster, or major accident; 8. Any crime so unusual that it would shock the conscience of the public; & 9. Any time that the Shift Supervisor determines that it is necessary to have the Police Chief present.

General Guidelines: It is the responsibility of the Shift Supervisor on duty to utilize the services of specific agency personnel, depending on the circumstances of an emergency situation, to include: 1. A criminal investigation division or officer to investigate: a. Homicides; b. Felony Battery offenses; c. Major Thefts or Burglaries; d. Robberies; or e. Rape or sexual offenses.

Page 1 of 2 Law Enforcement Policies and Procedures, 7.03 Emergency Call-Out Procedure

2. Patrol personnel for incidents involving, but not limited to: a. Civil unrest; b. A natural disaster; c. Any major accident; or d. A search for missing persons. 3. A tactical unit for incidents involving, but not limited to: a. A hostage situation; b. Civil unrest; c. In search efforts following a major accident or natural disaster; or d. To execute a high risk felony search or arrest warrant. 4. Canine [K-9] personnel for situations involving, but not limited to: a. Tracking suspects who have fled from major crime scenes; b. Tracking suspects who have escaped from custody; or c. Conducting drug searches. 5. Upon an emergency call-out. all personnel are required to: a. Provide an approximate response time. b. Be properly equipped for the particular incident. c. Notify of any special circumstances they may have (i.e. illness, altering medications, use of alcohol, etc.) d. Have had sufficient rest.

All personnel are required to have a home address, home telephone, cellular telephone and/or pager number and other emergency contact information on file with the department. All personnel are required to immediately update the department with any changes of these. Required to contact agency within one (1) hour of contact notification. I.E. email, text message, voicemail and/or phone call.

Page 2 of 2 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Demonstrations, Civil Policy Number: 7.04 Disturbances, & Crowd Management Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department works to apply the appropriate level of direction and control to public demonstrations with the mutually supporting objectives of protecting life, property, and critical infrastructure, maintaining public peace and order, while upholding the constitutional rights of free speech and assembly.

DEFINITIONS:

 Crowd Control - Tactics used to address unlawful public assemblies, including a formidable number of officers, crowd containment activities, dispersal tactics, and arrest procedures.

 Crowd Management - Techniques used to manage lawful public assemblies before, during and after an event to maintain the event's lawful status. Effective crowd management is furthered in part through coordination with event planners and group leaders, permit monitoring, and past event critiques.

 Demonstration - A public display of a group's or individual's feeling(s) toward a person(s), idea, cause, etc. and includes, but is not limited to, marches, protests, student walk-outs, assemblies, and sit-ins. Such events and activities usually attract a crowd of persons including participants, onlookers, observers, media, and other persons who may disagree with the point of view of the activity.

 First Amendment Activities - First Amendment activities include all forms of speech and expressive conduct used to convey ideas and/or information, express grievances, or otherwise communicate with others and include both verbal and non-verbal expression.

Common First Amendment activities include, but are not limited to, speeches, demonstrations, vigils, picketing, distribution of literature, displaying banners or signs, use of puppets to convey a message, street theater, and other artistic forms of expression. These activities involve freedom of speech, association,

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and assembly and the right to petition the government, as guaranteed by the First Amendment of the United States Constitution. As such, persons have the right to march, demonstrate, protest, rally, or perform other protected activities.

Local and the federal government may impose reasonable restrictions on the time, place, or manner of protected speech, provided the restrictions are justified without reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, and that they leave open ample alternative channels for communication of the information.

 Police Liaison - An individual appointed by a group of demonstrators to liaison and coordinate with the agency, usually through the Olmos Park Police Department Incident Commander [IC].

DISCUSSION:

Our agency’s Public Demonstrations, Civil Disturbances, & Crowd Management approach applies the following general principles:

1. Planning a. Command staff is notified immediately of any large or potentially disruptive demonstrations and/or crowd events. b. An Incident Commander [IC] shall be responsible for the development of a written operations plan. Incident Command System [ICS] is used to protect protestor’s rights, manage crowds, and acts of civil disobedience. c. The IC makes efforts to establish contact and communication with the event or demonstration planners when identifiable. d. Spontaneous demonstrations or crowd events, which occur without prior planning or without prior notice to authorities, present less opportunity for planning and prevention efforts. Nonetheless, the IC makes efforts to coordinate with demonstration leaders when practical, and to coordinate safety and response issues.

2. Deployment Decisions about crowd dispersal and general strategies about crowd containment or crowd redirection, multiple simultaneous arrests, planned individual arrests, or planned use of force is made at the IC level or higher.

If such decisions are made by higher-ranking offsite officials, it is required that the IC first be consulted about the state of affairs in the field and the potential consequences of the decision. All such decisions are documented in writing including time, person making the decision, and the precise decision and directions given. Such documentation is made at the time of the decision or

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as soon thereafter in an Incident Report. This guideline does not preclude individual supervisors and officers from defending themselves or others from imminent danger, or significant destruction of property when the delay in requesting permission to take action would increase the risk of injury or loss.

Deployment tactics include considerations such as: a. Recognition that the designated police liaison may change during the course of an event and that leadership of certain groups may not exist nor desire to be identified. No retaliatory practices or adverse action is taken against a group because it failed or refused to appoint a police liaison or otherwise establish lines of communication with Olmos Park Police Department. b. A communication effort with the identified police liaison continues even if enforcement actions commence. c. Staffing levels permitting, officers some officers are deployed to the best available vantage points to observe and report crowd actions. These officers may also serve to document events with video and still photography. d. Lines of control and movement are established, especially in events there are differing groups of protesters with opposing views. Whenever possible, hostile factions should be separated. e. Considering the type of crowd involved is an important factor in responding properly to its behavior. Demonstrators may vary from cooperative or celebratory to non-compliant, hostile, and combative. Organized demonstrations in which some engage in coordinated, nonviolent civil disobedience may be distinguished, to the extent possible, from crowds in which substantial numbers of people are engaged in unlawful acts.

3. Policing a Crowd Sufficient resources to make multiple simultaneous arrests should be available at demonstrations where such arrests are a reasonable possibility. However, this need is balanced against the fact that a large and visible enforcement presence may have a chilling effect on the exercise of free speech rights.

Where additional resources are needed, they are best deployed so they are not readily visible to the crowd. If possible, officers should be positioned at a reasonable distance from the crowd to avoid a perception of intimidation. When practical, officers should be at their posts well in advance of arriving participants. In general, officers work together in squads or platoons deploying for a counter-demonstration.

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Officers wear a badge, nameplate, or other device on the outside of their uniform or helmet that bears the identification number or the name of the officer.

Regardless of whether a parade or demonstration permit has been obtained, officers try to facilitate demonstrations that may temporarily block traffic and/or otherwise use public streets by regulating and/or rerouting traffic as much as practical. For a demonstration without a pre-planned route, the IC evaluates the size of the crowd with regard to whether demonstrators are required to stay on the sidewalk or whether demonstrators should be allowed to be in one or more lanes of traffic. This does not mean demonstrators may deliberately disrupt commuter traffic and/or bridge or highway approaches.

Not all members of a crowd of demonstrators are the same. Even when some members of a crowd engage in violence or destruction of property, other members of the crowd do not participate in such acts. Once some members of a crowd become violent, the situation often turns chaotic, and many individuals in the crowd who do not want to participate in the violent or destructive acts may be blocked from leaving the scene because the crowd is so large or because they are afraid, they may move into a position of heightened danger.

Officers avoid negative verbal engagement with members of the crowd. Verbal abuse against officers does not constitute a reason for an arrest or for any use of force against such individuals. Officers must not be affected by the content of the opinions being expressed nor by the race, gender, physical disabilities, appearances, or affiliation of those exercising their lawful rights.

Officers work to maintain professional demeanor and remain neutral in word and deed despite minor unlawful or anti-social behavior on the part of crowd members. Unprofessional officer behavior can inflame a tense situation and make control efforts more difficult and dangerous. In many cases, officer overreaction is a main goal of organized demonstrators.

Officers in non-violent crowd situations do not display weapons before a dispersal order is given or other enforcement action is implemented. Officers do not go into an obviously hostile crowd solely to communicate with the crowd. Likewise, officers do not penetrate a crowd for an individual arrest unless the targeted individual is involved in serious criminal conduct and the decision to move is given by supervisor.

The use of force is restricted to circumstances authorized by law and to the degree reasonably necessary in light of the circumstances confronting officers at the scene. Exceptions include actions to direct crowd and vehicular

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movement, enforce ordinances and statutes, and employ that physical force necessary to maintain the safety of the crowd, the public, law enforcement personnel and emergency responders.

PROCEDURES:

Responses to Crowd Situations

1. Spontaneous Event or Incident a. The senior shift supervisor responds to the scene of spontaneous events, when practical, and takes command of the incident until the as IC Commander until relieved by a ranking officer. b. The IC announces over the agency radio system that he or she has assumed command over the incident. When practical, as necessary a command post is established. c. An immediate assessment of the situation is essential for effective enforcement response. The IC conducts a preliminary assessment to ascertain the following: i. Location and type of event. ii. First Amendment issues to determine lawfulness of the actions by individuals and groups. iii. Approximate number of specific individuals engaged in any unlawful conduct. iv. Likelihood that unlawful behavior may spread to other crowd participants. v. Immediate threats to the safety of the public and/or officers. vi. Number of structure(s) or vehicle(s) involved. vii. Size of the involved area. viii. Number of additional officers and agency resources needed such as traffic, SWAT, surveillance, investigators, etc. ix. Other resources needed such as paramedics, the fire department, outside agencies, etc. x. Appropriate level of response (Code 1, 2, or 3). xi. Location of staging area. xii. Location for a media staging area. xiii. Ingress and egress routes.

2. Planned Event Involving Potentially Large Crowds Upon notification from a group organizer, the IC is appointed who develops a written DRAFT operations plan for the Police Chief approval. The following factors are considered and outlined in the plan: a. What type of event is to occur? b. Who are the organizers? What is their past record of conduct, i.e., peaceful, violent, cooperative, etc.?

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c. Will outsiders visibly and/or physically oppose the planned event? d. Will the event involve the use or abuse of alcohol or other substances? e. Where is the event to occur? Consider the size, location, and ingress and egress points. f. What is the optimal site for a command post as well as staging areas? g. Have the appropriate permits been issued? h. Have other agencies, bureaus, and divisions been notified and included in the planning process (paramedics, fire department, communications, intelligence, etc.)? i. Will special units be needed? j. Is Mutual Aid needed? k. Will off-duty personnel be involved? l. Is it practical or appropriate to coordinate with group organizers and explain the Department's mission, preparation, and potential responses? m. Have the proper number of personnel been scheduled to safely handle the event? Should a reserve force be available? n. Is there a need for formulation of a specific enforcement policy to be communicated to affected personnel for this event? o. Are permits required and in approved for this event?

Once the DRAFT plan is completed and approved by the Police Chief, the assigned IC: a. Meets with event sponsors and group leaders to exchange information and to present agency philosophy and intent. Details of the plan and preparation are not disclosed except as necessary to ensure success of the operation. b. Coordinates with affected Olmos Park Police Department entities regarding details and additions to the operations plan. c. Prepares the Final Operations plan and submits it to the Police Chief for approval. d. Inspects protest/event area prior to an event to locate any pre- positioned equipment staged by demonstrators. e. Ensures that appropriate equipment and supplies are available. f. Ensures that a video team(s) is established and required video equipment is available. g. Establish protocols and procedures for the processing of arrestees and collection of evidence.

3. Permissible Crowd Control & Crowd Dispersal Techniques In the event of a declared unlawful assembly, it is the generally an effective practice to use multiple simultaneous arrests to deal with a non-violent demonstration that fails to disperse and voluntarily submits to arrest as a form of political protest. This is generally preferable to dispersing the

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demonstrators by using weapons or force beyond that necessary to make the arrests. After consultation with staff, the IC makes the final decision as to what control action, if any, may be taken to address the crowd situation. Certainly, crowd size and available resources factor into the response, and other factors may include: a. Will enforcement action likely improve the situation? b. Will targeting specific violent or disruptive individuals for arrest be more effective or appropriate than applying control tactics to a wider crowd? c. Are sufficient resources available to effectively manage the incident? d. Have clear and secure escape routes been established for both the crowd and the officers? e. Has the dispersal order been given (loudspeaker, personal contact, etc.)? f. Are contingency plans established in the event initial enforcement actions are ineffective? g. Are our plans, tactics, and resources flexible enough to allow for changes as crowd actions and reactions change? h. Have we considered and taken reasonable steps to provide for bystander safety?

4. Unlawful Assembly Olmos Park Police Department does not disperse a demonstration or crowd event before demonstrators have acted illegally or before the demonstrators pose perceived danger of imminent violence. The mere failure to obtain a permit, such as a parade permit or sound permit is not a sufficient basis to declare an unlawful assembly, as this is an administrative violation. There must be criminal activity or a perceived danger of imminent violence.

Likewise, the fact that some of the demonstrators or organizing groups have engaged in violent or unlawful acts at prior events or demonstrations is not grounds for declaring an assembly unlawful.

Unless emergency or potentially dangerous circumstances prevent negotiation, crowd dispersal techniques are not be initiated until after attempts have been made through contacts with the police liaisons or crowd event leaders to negotiate a resolution to cease the dangerous or unlawful activity and First Amendment activity can continue peacefully.

Normally, when a crowd is dispersed pursuant to a declaration of unlawful assembly and subsequently, participants assemble at a different geographic location where the participants are engaged in non-violent and lawful First Amendment activity, such an assembly is monitored closely. However, it is not dispersed unless it engages in unlawful assembly and an official declaration has been reissued.

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5. Declaration of Unlawful Assembly When the only violation present is unlawful assembly, the crowd should be given an opportunity to disperse rather than face arrest.

Crowd dispersal techniques are not initiated until the IC has made repeated announcements to the crowd, asking members to voluntarily disperse and informing them that, if they do not disperse, they are subject to arrest. These announcements are made using adequate sound amplification equipment in a manner that is audible over a sufficient area. Announcements are best made from different locations when the demonstration is large and noisy. Dispersal orders are repeated after commencement of the dispersal operation so that persons not present at the original broadcast understand that they must leave the area. The announcements should specify adequate escape routes. Whenever practical, the IC announces two or more escape routes.

Dispersal orders should not be given until officers are in position to support and direct crowd movement. Unless an immediate risk to public safety exists or significant property damage is occurring, sufficient time is allowed for the crowd to comply with the order.

No two events are exactly alike; however, the following dispersal order or one similar is broadcast:

I am (rank/name), a peace officer for Olmos Park Police Department. I hereby declare this an unlawful assembly, and in the name of the people of the City of Olmos Park Police Deparment, I command all those assembled at ///describe location/// to immediately leave.

If you do not do so, you may be arrested or subject to other enforcement action, including the use of force which may result in serious injury. Section ///insert penal code section/// of the Olmos Park Police Deparment prohibits remaining present at an unlawful assembly. If you remain in the area just described, regardless of your purpose, you are in violation of the law. The following routes of dispersal are available ///define routes///. You have ///insert number of minutes/// to leave. If you refuse to move, you will be arrested.*

*If you refuse to move, chemical agents1 will be used.

At any point at which a crowd is dispersing, whether as a reaction to dispersal techniques, through voluntary compliance, or because of discussion or negotiation with crowd leaders, dispersal techniques are suspended and the

1 Provide the chemical warning only if use is anticipated.

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crowd is allowed to disperse voluntarily. The IC may reinstate dispersal techniques if crowd compliance ceases.

TACTICS:

1. Approved Tactics and Weapons to Disperse or Control a Non-Compliant Crowd If negotiation and verbal announcements to disperse do not result in voluntary movement of the crowd, officers may employ additional crowd dispersal tactics. Permissible tactics to disperse or control a non-compliant crowd include the following that are not presented in any particular order of use: a. Display of enforcement officers (forceful officer presence) - Once this tactic is selected, officers are assembled in formation at a location outside the view of the crowd. The formation may be moved as a unit to an area within the crowd's view. This tactic is not be used unless there are sufficient personnel to follow through with dispersal. Do not bluff a crowd. If a display of officers, vehicles, and mobile field forces, combined with a dispersal order, is not effective, actions that are more forceful may follow. Generally, officers should be assigned to squads of sufficient size to be effective. b. Encirclement and Arrest - If the crowd has failed to disperse after the required announcements, officers may encircle the crowd or a portion of the crowd for purposes of making multiple simultaneous arrests. Demonstrators who make it clear, i.e., by sitting down, locking arms, etc. that they seek to be arrested, are arrested and not subjected to other dispersal techniques, such as the use of batons or chemical agents. Arrests of non-violent persons is accomplished by verbal commands and persuasion, handcuffing, lifting, carrying, the use of dollies and/or stretchers, and/or the use of control holds including the bent-wrist control hold and twist-lock control hold. Control holds are only used when a supervisor determines that control holds are necessary to accomplish the enforcement goal after other methods of arrest have failed or are not practical. Caution should be taken to limit injury or subjection to unnecessary pain, yet to accomplish the task. c. Use of Batons - If a crowd refuses to disperse after the required announcements, the officers may use squad or platoon formations (skirmish line, wedge, echelons, etc.) to move the crowd along. In such instances, batons are not used for crowd control, crowd containment, or crowd dispersal except as specified below: i. Batons may be visibly displayed and held in a ready position during squad or platoon formations. ii. When reasonably necessary for protection of the officers or to disperse individuals in the crowd pursuant to the procedures of this policy, batons may be used in a pushing or jabbing motion.

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iii. Baton jabs are not used indiscriminately against a crowd or group of persons but only against individuals who are physically aggressive or actively resisting arrest. iv. Baton jabs are not used in a crowd control situation against an individual who is physically unable to disperse or move because of the press of the crowd or some other fixed obstacle. v. Officers shall not intentionally strike a person with any baton to the head, neck, throat, kidneys, spine, or groin or jab with force to the left armpit except when the person's conduct is creating an imminent threat of serious bodily injury or death to an officer or any other person. Batons shall not be used against a person who is handcuffed. d. Crowd Control Chemical Agents - Crowd control chemical agents are chemical agents designed and intended to move or stop large numbers of individuals in a crowd administered in the form of a delivery system that emits the chemical agent diffusely without targeting a specific individual. Chemical agents can produce serious injuries or even death. An elderly person or infant in the crowd or an individual with asthma or other breathing disorders may have a fatal reaction to chemical agents even when those chemical agents are used in accordance with the manufacturer's recommendations. Thus, crowd control chemical agents are used only if other techniques, such as encirclement and multiple simultaneous arrest or tactical formations, have failed or are reasonably calculated not accomplish the enforcement goal. Guidelines for dispersal include: i. Use the minimum amount of chemical agent necessary to obtain compliance. ii. Indirect delivery or crowd dispersal spray and/or discharge of a chemical agent shall not be used in demonstrations or other crowd events without the approval of a supervisor or command officer. iii. Chemical agents are not used for crowd control or dispersal without first giving audible warning of their imminent use and giving reasonable time for the crowd, media, and observers to disperse. iv. If chemical agents are contemplated in crowd situations, the IC has medical personnel on site prior to use and makes provision for decontamination and medical screening for those affected by chemical agent(s). e. Hand-thrown chemical or pyrotechnic gas dispersal devices - Hand- thrown dispersal devices are not used for crowd control or crowd dispersal without the approval of the IC. The use of hand-thrown chemical agents or pyrotechnic gas dispersal devices may present a risk of permanent loss of hearing or serious bodily injury from shrapnel. Such devices are deployed to explode at a safe distance from the crowd to minimize the risk of personal injury and to move the crowd in the directions that accomplish the tactical objective. Hand-thrown chemical agents or pyrotechnic gas dispersal devices are not used without first giving audible warnings to the crowd and additional

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reasonable time to disperse. These devices are used only if other techniques such as encirclement and mass arrest or officer formations have failed or are perceived to not accomplish the tactical goal.

2. Weapons & Tactics Prohibited for Crowd Control or Dispersal Except in exigent circumstances where demonstrators are themselves using deadly force against officers, the public, or causing major property loss, i.e., throwing firebombs, rocks, setting vehicle or building on fire, or shooting, etc. the following items objects and tactics are not deployed: a. Deadly Force - Use of deadly force by officers is governed by the Use of Force & Deadly Force Policy. Nothing about a crowd control situation eliminates or changes any of the constraints and criteria governing the use of deadly force. b. Canines - Canines are not used for crowd control, crowd containment, or crowd dispersal. c. Horses - Horses may only be used for purposes of crowd control in the event of a riot involving substantial numbers of people actively engaged in violence or serious property destruction. Horses are never to be used to disperse non-violent crowds, including persons who are seated or lying down. Horses may be used for crowd management during festivals and sporting events. d. Fire Hoses - Fire hoses are not used for crowd control, crowd containment, or crowd dispersal. e. Motorcycles - The technique referred to as the Basic Use of Motorcycle Push Technique (BUMP) is prohibited. Motorcycles and agency vehicles may not be used for crowd dispersal but may be used for purposes of observation, visible deterrence, traffic control, transportation, and area control during a crowd event. f. Specialty Impact Less-Lethal Weapons - Skip fired specialty impact less-lethal munitions (wooden dowels, beanbags, Stinger rounds, etc.) are prohibited.

3. Arrests

Multiple Simultaneous Arrests When a large-scale event involving possible arrests is to be conducted, planners estimate the number of likely arrestees and configure arrest teams capable of managing multiple arrests safely. This tactic can be effective in dispersing the remaining crowd members wanting to avoid arrest. Pre-arrangements for secure transport are part of the tactical arrest plan. The IC makes the decisions to engage in selective individual arrests or multiple simultaneous arrests as a crowd control technique while considering the following factors: a. What is the likelihood that enforcement action can improve the situation relative to taking no action?

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b. What is the seriousness of the offense(s) as opposed to the potential for the arrest to escalate violence or unlawful activity by crowd members? c. Are individual or mass arrests more effective in ending the criminal activity at issue? d. Have clear and secure escape routes been established for the crowd and enforcement officers? e. Has communication been established with crowd representatives? f. What contingency plans are available? g. What types of force can be used in effecting the arrests, if necessary? h. Is there probable cause for each individual arrest? i. Arresting officers take action to ensure that evidentiary items are recovered and preserved, when possible, to corroborate unlawful acts.

Arrests for Civil Disobedience Some demonstrators commit civil disobedience, by sitting down or otherwise blocking streets, intersections, sidewalks, and/or entranceways or by occupying a targeted offices or buildings.

The proper response to such actions is to verbally advise the demonstrators that they are subject to arrest if they choose to remain, allow time for some or all the demonstrators to cease the unlawful activity, and to arrest those who deliberately remain in violation of the law. When practical, demonstrators committing civil disobedience are persuaded into compliance rather than being forcibly detained.

Those passively resisting arrestees, i.e., arrestees who go limp, lying down, etc. are taken into custody by handcuffing and then either by verbal persuasion, lifting, carrying, the use of dollies or stretchers, and/or control holds depending on the circumstance and available resources.

Control holds are used only when a supervisor determines that such holds are necessary to accomplish the tactical goal after other methods of arrest have failed or are not feasible under the circumstances. In the event control holds are used, precautions are taken to ensure that arrestees are not subjected to unnecessary or excessive pain.

In some cases, demonstrators may lock arms or use lock boxes to slow down the arrest process. Where such demonstrators have been advised that they are subject to arrest if they choose to remain and refuse to disperse, a member of the arrest team individually advises each demonstrator that he or she is under arrest prior to the application of any force to remove locking devices or to move the demonstrators. The officer continues to give verbal directions to give the

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arrestee a chance to comply before force is used to unlock arms or implements used disconnect the group.

Although dealing with passive resistance may frustrate officers, such civil disobedience is usually a nonviolent means of making a political statement, and officers try to remain neutral, non-antagonistic, and professional in their response.

Use of Handcuffs & Flex-cuffs Persons subject to arrest during a demonstration or crowd event are handcuffed in accordance with agency policy, orders, and training. The officer applying flex- cuffs shall write his serial number in indelible marker on the cuffs whenever used. Remember, flex-cuffs may tighten when arrestees' hands swell or move, sometimes simply in response to pain from the cuffs themselves. The officer applying flex-cuffs shall write his serial number in indelible marker on the cuffs whenever used.

Unit involved in detention and/or transportation of arrestees with flex-cuffs should have a flex-cuff cutter and adequate supplies of extra flex-cuffs readily available. When arrestees complain of pain from overly tight flex cuffs, officers examine the cuffs to ensure proper fit and re-cuff as necessary.

Arrest of Juveniles Juveniles arrested in demonstrations shall be handled consistent with policy on arrest, transportation, and detention of juveniles.

4. Documentation

Video and Photographic Recording During demonstrations Olmos Park Police Department videotape and photograph in a manner that minimizes interference with people lawfully participating in First Amendment activities, and to document actions of officers actions in protecting the rights of demonstrators and others.

Videotaping and photographing of First Amendment activities shall take place when authorized by the IC or senior on-scene supervisor. Each recording operator writes a supplemental report at the end of their duty assignment documenting camcorder operations.

Unless they provide evidence of criminal activity, videos or photographs of demonstrations are not disseminated to other government agencies, including federal, state, and local law enforcement agencies. If videos or photographs are disseminated or shared with another enforcement agency, a record is created and maintained noting the date and recipient of the information.

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If there are no pending criminal prosecutions arising from the demonstration or if the video recording or photographing is not relevant to an Internal Affairs or citizen complaint investigation or proceedings or to civil litigation arising from officer conduct at the demonstration, the video recording and/or photographs are destroyed in accordance with agency policy. Such videos may be retained for a longer period for use as training aids.

These videos, footage and photographs may be used as training materials in support of this or other law enforcement agencies.

4. Reporting The IC completes an after-action report for each event in addition to verbal and other reports forwarded to the Police Chief. Officers involved in demonstrations or crowd events prepare reports as required by the IC and other supervisors.

5. Public Information and the Media The news media has a right to cover demonstrations, including the right to record the event on video, film, or in photographs. Officers accommodate the news media in accordance with agency policy. The media is permitted to observe and shall be permitted close enough access to the arrestees to record the action. Even after a dispersal order has been given, clearly identified media is permitted to carry out their professional duties in any area where arrests are being made unless their presence would unduly interfere with the enforcement action.

Self-identified legal observers and crowd monitors do not have the same legal status as the professional news media and are, therefore, subject to the laws and orders similar to any other person or citizen. Such individuals must comply with dispersal orders similar to any other person or citizen. A supervisor or the IC may allow a person who self-identifies as a legal observer or crowd monitor to remain in an area after a dispersal order if circumstances permit if the person's presence does not interfere with enforcement actions.

The media, legal observers, crowd monitors, police liaison, and/or organizers shall never be targeted for dispersal or enforcement action because of their status.

Page 14 of 14 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Strikes & Labor Disputes Policy Number: 7.05

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department officers assigned to strikes and labor disputes deal fairly with the involved parties, while upholding their sworn responsibilities to protect life, property, and the rights of those involved. The parties involved in a labor dispute have responsibilities, as well as rights. Strikers may assemble and demonstrate peacefully to bring attention to their cause, but they do not have the right to intimidate non-strikers, or to impede business and public passageways. Employers have the right to keep their businesses open and free from undue interference, intimidation, damage, or destruction.

DEFINITION:

 Incident Commander (IC) – The senior officer at the scene or an officer given command of an incident that is experienced in managing this or similar tactical events.

 Strike, Strike action - Is a work stoppage caused by a mass refusal by employees to perform work. A strike usually takes place in response to employee grievances.

PROCEDURES:

Command Authority: Operational control of officers assigned to a labor strike is the responsibility of the Police Chief, or his designee. The Incident Commander (IC) of the strike detail contacts the business and labor unions involved to: 1. Inform them the police agency is aware of the strike (or impending strike), and advise them of agency policy relating to the enforcement of law and protection of personal and corporate rights; 2. Emphasize to the union the importance of a peaceful demonstration, that their right to legally assemble and protest is not interfered with, so long as it does not interfere with the legal right of the company to transact business; &

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3. State the agency’s position on warning and arresting demonstrators and the need to maintain communication at all times between police personnel, management, and strike leaders.

If insufficient officers are available to staff the strike detail, permission may be sought from the Police Chief, or designee, to request additional officers under this agency’s mutual assistance agreement. In no case may non-sworn personnel, reserve, or auxiliary officers be utilized for strike details. In determining work force and equipment needs, the IC considers: 1. The number of pickets, their attitude, and organization; 2. The number of non-strikers, anti-strikers, and bystanders; 3. Whether the company attempts to stay open, and whether non-striking employees attempt to enter the premises; & 4. The cooperation demonstrated by all parties involved in the strike.

Duties and Responsibilities of Assigned Personnel: It is the responsibility of officers assigned to labor strikes to: 1. Protect life and prevent personal injury; 2. Protect the statutory and constitutional rights of all parties involved; 3. Protect personal and public property; 4. Maintain public peace; 5. Refrain from fraternizing or engaging in any unnecessary conversation with picketers, management personnel, or bystanders; 6. Refrain from entering the company property except to conduct necessary police acts; 7. Keep arrests for minor law violations to a minimum, controlling such conduct through conversation with picket captains, union representatives, or management personnel; 8. Warn picket captains or management representatives that violations of the law result in arrest; 9. Refrain from arresting picketers for verbal abuse, if unaccompanied by threats against officers. Language that incites violence or other unlawful acts form the basis for physical removal and/or arrest of those responsible; & 10. Discourage picketers from drinking alcoholic beverages, and seek supervisory approval prior to arresting persons who fail to abide with open container, public consumption, public inebriation, or related laws.

Operation of Picket Lines: 1. Officers are obligated to protect persons engaged in expressing their right to peacefully picket and persuade others to honor their picket line, as long as such persons do not violate statutes such as trespass, disturbance of the peace, or disorderly conduct. 2. Non-striking employees, customers, and members of the public have the right to enter and leave the site of the strike.

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3. Officers take all reasonable measures to protect the rights of all parties. Attempts by either labor or management personnel to prevent the free exercise of these rights are first brought to the attention of the appropriate strike captain or management supervisor. 4. Officers advise persons attempting to cross hostile or potentially hostile picket lines of the possible danger involved, and if appropriate, attempt to dissuade them of such action, advising they follow police instruction, if they choose to cross. 5. Officers provide necessary breaches in picket lines to allow interested parties to cross, and personally escort pedestrian traffic across the line to a safe distance. 6. Vehicular traffic is provided access through picket lines after having been given appropriate warnings. The volume, rate of passage, and speed of vehicles crossing picket lines is determined by the IC.

Page 3 of 3 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Bombs & Weapons of Mass Policy Number: 7.06 Destruction Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Bomb and weapons of mass destruction [WMD] threats received by Olmos Park Police Department are regarded as valid and responded to accordingly. Response may include deployment of personnel and resources, as well as investigations.

DEFINITIONS:

 Bomb – An explosive device that generates and releases energy very rapidly. The explosion creates a violent, destructive shock wave. Bombs cause destruction and injury to objects and living things within the blast radius by the crushing action of the shockwave (pressure) and by mechanical impact of fragments, including shards of the bomb casing (often called shrapnel) or objects from the surrounding area propelled by the blast. In addition, bombs are known to kill by the sound of the blast, by the sound waves causing pressure on the body in such a way that may wound and/or kill a human. Bombs have been used for centuries in both conventional and unconventional warfare. Most bombs do not contain more energy than ordinary fuel, except in the case of a nuclear weapon.

 Weapon of Mass Destruction [WMD] – A destructive device designed to cause mass or large numbers of causalities. Usually the device is one of five types consisting of conventional explosive, nuclear, radiological, biological, or chemical. Law enforcement have encountered all of these types of devices, with the exception nuclear, and it is known within law enforcement intelligence circles that transnational terrorists are attempting to locate and employ a portable nuclear devices.

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PROCEDURES:

Planning: There are a number of factors that should be considered when planning a response to a bomb threat or threatened disaster. The preservation of life and property are primary objectives of this agency and are the most important consideration. There is no single course of action that consistently applies. Each situation is evaluated individually. Immediate evacuation of an area may appear to be the obvious solution; however, if handled incorrectly this can be both ineffective and dangerous. A quick assessment and planning is necessary so that the response is carried out in an orderly and efficient manner.

The City Manager and City Council is responsible for coordinating emergency services and establishing a control center for planning and initiating any action relating to bomb threats or other threats. This may involve a limited or full activation of the City Manager and City Council Incident Command Center (ICC). The Police Chief or designee is the designated field commander for law enforcement and security purposes, and acts as the Initial Incident Commander (IC). Until arrival on the scene, the responsibilities of IC pass from the first responding, up the chain-of-command as more senior or experienced individuals arrive at the location.

Control Responsibilities: Access to the ICC is limited to authorized emergency personnel who have a specific function at the center, and a need to know. A number of duties and procedures are the responsibility of control center staff as managed by the IC. These include: 1. Initiating a planned response to bomb threats and other potentially threatening disasters; 2. Notifying and coordinating the activities of other personnel; 3. Calling for assistance to other agencies, to include Explosive Ordinance Disposal (EOD), ATF, etc. 4. Releasing authorized information to the news media; 5. Evaluating factors for evacuation, search, and continuation of business; 6. Vulnerability and accessibility of target area; 7. Probable risks involved; 8. Determining potential courses of action including evacuation, selective evacuation, or no evacuation; & 9. Searches to be implemented.

Receiving a Bomb Threat: A majority of bomb threats are made by telephone, fax, or other electronic media. In a few instances threats may be received in written note or through the mail. All written material and any envelopes or containers should be treated as physical evidence and not subjected to unnecessary handling.

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Employees of who receive bomb, WMD or disaster threats by telephone abide by the following: 1. Maintain a calm, professional demeanor; 2. Stay on the phone and fully engaged in the conversation with minimal distractions; 3. Seek assistance and response from another employee by signaling, or waving a piece of paper or colored flag overhead; 4. Maintain contact with the caller talking as long as possible; 5. Complete the Threat Checklist, which asks the caller a number of questions [See Attachment I to this policy]; 6. If the threat directed at the call receiver location, do not use radio transmission equipment, or cellular phones, until authorized by a supervisor; 7. Immediately complete and submit a report of the incident to a Shift Supervisor upon termination of the bomb threat; & 8. Do not use the telephone the call was received on until a communications technician has determined that the calling number cannot be identified or traced.

Evaluation &Search: It is appropriate to remember that the aims of the criminal or terrorist planting a bomb or destructive device may be to actually cause destruction, to attract attention, use up valuable resources, or to draw officers and first responders to a specific location.

Having evaluated the credibility of the threat, it is necessary to decide what action to take. This may include search without evacuation, initiate a partial evacuation, or conduct a complete evacuation and search. If the decision to evacuate is made, all non-essential persons are evacuated to a location at least 300 yards from the area. Regardless of the extent of the evacuation, a physical search is always advisable.

Covert & Overt Searches: Circumstances of a partial or no evacuation often necessitate a covert search. A covert search is conducted to avoid both panic and the interruption of business operations, and is normally executed by a few supervisory or management personnel, without arousing employee suspicions.

In the event of a full evacuation, an overt search is performed. This is accomplished by asking all persons in the building to first conduct a 360 search of their immediate area before exiting the building. In conducting this 360 search those in the building are to look for anything out of the ordinary and report it. They are not to touch, handle, or open any suspected or questionable device or package. Once the 360 searches are completed all non-essential personnel evacuate the building, without carrying any objects or personal effects out of the building.

If during the process of a search a suspect device, box, sack, or other container is located, do not touch it, and do not assume it to be the only device. Rather, clear and

Page 3 of 5 Law Enforcement Policies and Procedures, 7.06 Bombs & Weapons of Mass Destruction

secure the area, notify the control center, and continue searching the entire facility for other devices. If a prolonged search is unavoidable, the search team should be given a break period every three (3) hours. Six (6) hours is about the maximum time a search team can function effectively. In the event no explosive device is found, the decision to reenter is influenced mostly by the confidence in the search procedure.

TACTICS:

The following are tactical guidelines for conducting searches.

Exterior or Public Area Search: Search begins at ground level extending outward from the building to some natural divider (curb or wall, usually 25 to 50 yards or paces). Close attention should be given to piles of leaves and refuse, shrubbery, trashcans, parked vehicles, and any public access areas.

Building Search Procedures: If the agency does not have a bomb disposal or Explosive Ordnance Disposal (EOD) unit; personnel and equipment from a professional EOD, if available, is utilized in the disposal of bombs or explosives. Be aware that Bomb Disposal Technicians do not conduct searches for potential bombs. They respond to suspicious packages or devices once they have been located and render the item(s) safe. Agency personnel are responsible for following a number of procedures for safely searching for a suspected bomb. Special attention should first be given to utility rooms, waiting areas, rest rooms, and areas where access is unlimited. As a practical matter, search secured areas, where entry would be more difficult, last. Begin at the lowest level and work upward, making a complete search before changing floors. Also: 1. When first entering a room, remain completely calm and immobile. Listen for any unusual sounds. Such actions may detect sounds indicating a device. 2. It is important to check all items within a facility when conducting a bomb search. These items include, but are not limited to: a. Underneath chairs, b. In or on desks, c. In trash cans, d. Behind pictures, e. In or behind cabinets, f. Objects hanging on walls, g. In light fixtures, h. Any item suspended from the ceiling (heater ducts, ceiling fans), &, i. Inside suspended ceilings, if the building is so equipped. 3. Do not medically treat injured persons at the scene except in unusual circumstances. Remove them as soon as possible to a secure location, at least 300 yards away from the incident location and turn them over to medical personnel.

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4. Note license tags of all vehicles around or near the facility and initiate checks to determine if any of the vehicles are rented or stolen. 5. Photograph all casual observers or those that appear interested in the facility, and secure proper identification if possible. 6. If a suspected explosive device is found in an occupied building, evacuate the building immediately. 7. In a large building, mark the areas searched as you go and seal them. This aids in eliminating unnecessary searches and saves time. 8. Never assume or announce that an area is completely safe and free of any devices.

Action to Be Taken Upon Location of a Suspected Explosive Device: If a suspected explosive device is located, leave it untouched. Unqualified officer should not attempt to touch, move, or render safe any suspected explosive device. Once detected, everyone evacuates at least 300 yards from the suspect device and request assistance from an experienced explosives agency or team. Upon arrival, the Bomb Technician or EOD instructions control operations at the location.

All responding emergency vehicles should be kept outside the perimeter. Private service or vendor vehicles, such as those from gas, electric or telephone companies, should be assigned to a staging area, if possible so they can be easily called upon, as necessary.

Using caution, secure the scene so later it can be processed by evidence recovery personnel. Leave bodies of bomb blast victims who are obviously deceased in place, to allow for the collection of debris that may have forensic value.

Conclusion of a Bomb Threat: After a building has been searched, the supervising officer at the scene notifies the owner or person in charge of the building of the results of that search, complete required reports, and return police personnel to normal duties. In the event of an explosion, minimal information is given to the news media, and then only through approved channels.

In the event of a death, no names are released until the next of kin has been officially notified.

Control of the crime scene transfers to investigators. Investigators may request additional specialized assistance in completing their inquiry.

Page 5 of 5 Olmos Park Police Department

Policy 7.06b-1 Bombs & WMD Call Questionnaire Attachment I

This form is used in the event of a bomb or weapon of mass destruction threat call. Complete the form as soon as practical either during the call or immediately after.

Call was received on (time/day/month/year): ______Phone number at which call was received (ac/number/ext): Phone number is: □ Listed □ Unlisted Call was possibly: □ Local □ Long Distance □Land Line □Cellular Call began at (time): The call ended (time): Did the caller use any code words? □ No □ Yes If yes, what words were used?

Check off ANY critical words the caller may have used. (Credibility of threat): □ Det Cord □ Explosives □ Plastic/Plastique □ Initiation □ C4/CE4 □ Fuse □ Detonate □ Booby Trap □ Detonator □ Timer □ Semtex □ Safety Fuse □ Trip Wire □ Trigger □ Shrapnel □ TNT □ Dynamite □ Chemical Fuse □ Nitro □ Power Source □ Trip □ Plastic Explosive □ Mercury Switch □ PE4 □ Tamper Switch

Was caller reading from a prepared text? □ No □ Yes Caller’s exact words are:

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Questions to ask:

When will the bomb go off? Where is the bomb now? What does the bomb look like? What kind of bomb is it? What will cause the bomb to explode? Why did you plant the bomb? Why did you call me? Who are you? How can I contact you? Where are you? What is your address? What is your phone number?

Background Noise(s) - Check all that apply: □ House Noises □ Bar Noises □ Office Noises □ Traffic □ Static □ Kids crying □ Animals □ Machinery □ Trains □ Aircraft □ Church bells □ Voices □ PA system □ Music □ School □ Construction □ Shouting □ Screaming □ Gunfire □ Cursing

CALLER:

The caller SEEMED to be: □ Emotional □ Excited □ Irrational □ Crying □ Calm □ Intoxicated □ Angry □ Drugged □ Immature □ Frightened □ Other:

The caller’s MANNER of SPEECH: □ Ragged □ Slurred □ Polite □ Slow □ Incoherent □ Normal □ Taped/Recorded □ Stuttering □ Rude □ Angry □ Obscene/Cursing □ Disguised □ Whispering □ Defective □ Lisp □ Clearing throat □ Out of breath □ Stammering □ Deep breathing □ Well Spoken/Educated □ Uneducated/Ignorant □ Crackling voice □ Other:

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Voice: Caller’s apparent sex? □ Male □ Female Caller’s age (based on voice, terms used, etc)? Did caller attempt to disguise or alter the voice? □ No □ Yes Did caller use terms only those familiar with the location use? □ No □ Yes If yes, local jargon or shorthand used:

Do you recognize the voice? □ No □ Yes If yes, who might it be?

Accent: □ French/Acadian □ Spanish/Hispanic □ Jamaican □ Japanese □ Chinese □ Vietnamese □ Cambodian □ Russian □ Polish □ Greek □ Italian □ Arabic □ Persian □ India □ Pakistan □ Scandinavian □ African □ Middle European □ Southern European □ Other:

Slang & Terms Used:

Additional Information:

Form Completed by: Your Name: Position/Title: Date & Time Completed:

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Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: VIP Protection Policy Number: 7.07

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Protection for very important persons [VIPs] is a role that Olmos Park Police considers important, requires prior planning, and careful application of scarce resources.

DEFINTION:

 Very Important Person(s) [VIP] –VIPs can include, but are not limited to political figures, heads of state (foreign and domestic), candidates for public office, other persons with a high media profile, and witnesses. The person to be protected may be in or out of criminal custody.

PROCEDURES:

1. In instances where the VIP is under the protection of a Federal or State governmental agency (Secret Service, FBI, Department of State Security, State Police, etc.) the lead agent [VIP Team Leader] of that protection detail has overall responsibility for the VIP, and our agency performs a support role. a. Olmos Park Police Department personnel assigned to support the protection detail: b. Follow the instructions of the protection detail concerning the physical protection of the VIP, as long as it does not violate agency policy or law. 2. If the VIP has private security protection; a. Olmos Park Police Department or other law enforcement agency within the jurisdiction assumes the role of the primary agency responsible for the protection of that individual, and b. The private security team supports the primary agency, usually by providing close personal protection.

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Roles & Responsibilities: Police Chief, VIP Team Leader, or Designee: 1. Determines who requested and has primary responsibility for the establishment of the protection detail, and: a. Obtains details of the request as it relates to time, dates, movement issues, known threats, etc. b. What agency or entity is providing the funding for the VIP protection detail, and who can authorize payment for protection services. c. What specialized equipment, communications, or other support is available to Olmos Park Police Department for the detail. d. Establish a primary relationship with the VIPs protective detail (if there is one). e. Coordinate protection requirements with the protective detail or VIP Team Leader. f. Coordinate the schedule, route, facilities, businesses, and areas involved, with the local administrative representative for the visit within the budget, and operational details. g. Establishes Olmos Park Police Department requirements to support the VIP visit. h. Ensure the protective detail has available information, diagrams, maps, facility plans, emergency contact information, etc. i. Confers with the agency Supervisors to review visit requirements and determine protection assets availability; both work force and physical protection assets.

Olmos Park Police Department Non-Team Supervisors: 1. Support VIP security operations by, considering and maintaining a series of available options for manning special posts and regular duty assignments during the increased protection event. 2. Operational options may include, but are not limited to: a. Expanded shift hours, or adding personnel to additional shifts; b. Assigning Olmos Park Police Department or other agency manpower to duty posts; c. Coordinating additional manpower requirements with other agencies; d. Limiting access to specific ingress and egress points; e. Additional patrols in buildings, travel routes, and protection sensitive areas; f. Manning vehicle and pedestrian check-points; g. Random ID checks; h. Increased patrols; & i. Manage transition to increased protection operations, and transition back to normal operations.

Communications Supervisor: 1. Consider additional staffing of the Communications Center; & 2. Provide logistical assistance, as needed.

Communications Procedures:

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1. Officers keep the Communications Center informed of their actions & location; 2. Communications is conducted over the designated agency radio channel or equipment provided for the specific effort to ensure officers and the Communications Center are kept informed of the protection detail’s status; & 3. Any Olmos Park Police Department officers not involved in the protection detail immediately cease non-emergency radio traffic when requested to do so.

Incident Command System: 1. The Incident Command System (ICS) may or may not be activated. a. If activated, Olmos Park Police Department activity is coordinated through the Incident Commander and the Incident Command Center. b. If not activated, the Olmos Park Police Department coordinates with the VIP Security Detail Supervisor.

Page 3 of 3 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Severe Weather Policy Number: 7.08

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department responds when weather conditions threats life, property and interferes with the delivery of public safety services.

DISCUSSION:

The National Oceanographic & Atmospheric Administration’s [NOAA] National Weather Service [NWS], which is part of the U.S. Department of Commerce, has responsibility for monitoring and providing warnings of severe weather.

NWS issues severe weather warnings to emergency service agencies, news media, and public through a variety means, including NOAA weather radio, television, and teletype messages. Many communities have established Emergency Warning Systems such as sirens, public address systems, reverse 911, text messages, etc.

DEFINITIONS: Severe weather conditions may include:

 Floods – Floods in particular are a significant threat, as water can rise rapidly and with limited warning. Many cities, counties and states have established early warning systems for flooding in flood prone areas; however, lives are still lost. NWS categorizes flooding as minor, moderate and major.

 Heat - Kills by taxing the human body beyond its abilities. The NWS has established a nation-wide Heat Index Program to alert the public and appropriate authorities to the hazard. During high temperature conditions, officers should remain alert for individuals who may be at risk in severe heat situations. This especially includes children, senior residents, and animals in conditions without cooling capabilities.

 Hurricanes - An intense tropical weather system with a well defined circulation and sustained winds of 74 mph [64 knots] or higher. In the Pacific, hurricanes are called

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typhoons, and similar storms in the Indian Ocean are called cyclones. Even inland areas, well away from the coastline, can experience destructive winds, tornadoes and floods from tropical storms caused by hurricanes or typhoons. Related to hurricanes are:

o Tropical Depression - An organized system of persistent clouds and thunderstorms with a closed low-level circulation and maximum sustained winds of 38 mph [33 knots] or less.

o Tropical Storm - An organized system of strong thunderstorms with a well defined circulation and maximum sustained winds of 39 to 73 mph [34-64 knots].

 Thunderstorms - Affects a relatively small area when compared to a hurricane or a winter storm. The typical thunderstorm is fifteen [15] miles in diameter and lasts an average of thirty [30] minutes. All thunderstorms are dangerous. Of the estimated 100,000 thunderstorms that occur each year in the United States, about 10% are classified as severe. Every thunderstorm needs moisture, unstable air and lift. Thunderstorms frequently include or can cause:

o Flash Floods & Floods - Are the leading cause of deaths associated with thunderstorms.

o Hail - Can be larger than a softball [5 inches] and causes more than $1 billion in crop and property damage each year in the US and Canada.

o Lightning - Occurs with all thunderstorms. Causes an average of 55-60 fatalities and 400 injuries each year and costs more than $1 billion in insured losses each year.

o Straight-line Winds - Can exceed 125 mph and cause destruction equal to tornadoes and are extremely dangerous to aviation.

o Tornadoes - Are spawned by thunderstorms and can accompany tropical storms and hurricanes as they move onto land.

o Waterspouts - Are tornadoes that form over warm water. Waterspouts can move onshore and cause damage to coastal areas.

 Tornadoes – A tornado is a violently rotating column of air extending from a cumuliform cloud, such as a thunderstorm, to the ground. The average forward speed of a tornado is thirty [30] mph but may vary from nearly stationary to seventy [70] mph. The columns of air can produce wind speeds in excess of two hundred [200] mph, can be as wide and one-mile, and stay on the ground for [50] miles or

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more. Tornadoes may appear nearly transparent until dust and debris are picked up or a cloud forms within the funnel. A typical tornado moves from southwest to northeast, but can move in any direction and can suddenly change their direction of motion.

 Winter Storms - A major winter storm can last for several days and be accompanied by high winds, ice, freezing rain or sleet, heavy snowfall, flooding, and extremely cold temperatures. In such conditions, people and animals can become trapped at home or in vehicles, without support or assistance. The aftermath of a winter storm can have an impact on a community or region for days, weeks or even months.

PROCEDURE:

General Procedures:

1. Communications Center notifies officers of any severe weather alert received; likewise, officers observing approaching severe weather storms should immediately seek shelter and notify the Communications Center of their status and local conditions. 2. Officers remain alert for any approaching storms or other severe weather and immediately notify the Communications Center when they observe severe weather. 3. When a threat is imminent, the Communications Center, upon the authority of, an authorized supervisor activates an Early Warning System. 4. Once the danger has passed, officers return to their assigned areas and assist in any rescue or recovery operations.

Evacuations:

1. Evacuation is considered an extreme measure, warranted when the well-being or lives of employees or residents are in immediate danger due to a severe hazard in the area. 2. There are two [2] types of evacuations, based on the severity of the situation: a. Voluntary i. A potentially hazardous weather situation is imminent, and evacuation from the area is considered prudent. Residents are: ii. Advised to leave and seek refuge elsewhere; iii. Not forced to leave; & iv. Informed that utilities and other services may not be available, including emergency services. b. Mandatory i. A hazardous situation is imminent and evacuation is required. As such residents are: 1. Warned to leave and seek refuge in designated shelters; & 2. Told they may be forced to leave and physically removed from the area of danger, if necessary.

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3. Mass Evacuation Orders - Are only issued at the direction of the Police Chief or the Incident Commander. a. Exit routes should be clearly marked and evacuees directed to the primary and a secondary escape route from their area. Officers need to be familiar with the routes. b. In the event of an evacuation, Olmos Park Police Department personnel check the evacuated area, if safe to do so, to ensure the zone is clear.

Severe Weather Damage: 1. ONLY the on-scene incident commander of the fire department, once they have arrived and taken control of a scene, can declare a scene safe and clear. 2. ONLY the Olmos Park Police Department or designee, Incident Commander, or other individual authorized by the emergency response plan can declare a scene safe and clear, if the fire department is not on-scene. 3. Once the area is declared clear, Olmos Park Police Department control access to the damaged areas to prevent unauthorized access and looting.

Emergency Response Plans: Agency emergency response plans follow federal, state, and local emergency response guidelines. Response plans are living plans and updated at last annually or as needed.

OUTSIDE AGENCY RESOURCES & SUPPORT:  http://www.weather.gov/os/brochures.shtml

Page 4 of 4 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Aircraft Incident or Accident Policy Number: 7.09

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department responds appropriately to aircraft landings or incidents is to ensure safety, preserve, and protect human life whenever practical.

DEFINITIONS:

 Federal Aviation Administration [FAA] - The federal agency that regulates aviation in the United States.

 FAA Regional Communications Center - Is generally the Point of Contact [PoC] for any aircraft accident or incident. The FAA is charged with notifying NTSB.

 National Transportation Safety Board [NTSB] - Investigates all civil aircraft crashes or incidents.

DISCUSSION:

Aircraft accidents or incidents can occur anywhere at any time. Airports and aviation facilities are equipped and trained to handle these situations. There is increasing use of general aviation (small and/or personally owned aircraft) and air ambulance services throughout the country. When coupled with commercial and military aviation the potential for incidents increases.

Aircraft landings in the field are becoming commonplace due to the increasing use of air ambulances. Aircraft incidents can range from the serious crash of a large commercial aircraft (intentional or accidental) to a forced landing due to mechanical or other failure. The size and seriousness of the incident determines the scope of the response.

The primary law enforcement responsibility in landings is to ensure a safe and secure landing area for the aircraft, while maintaining safety of individuals on the ground.

The primary law enforcement response in aircraft incidents is the rescue and preservation

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

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of life and property. The secondary response is preservation of the scene, aircraft and wreckage or debris as evidence. The FAA and NTSB have primary jurisdiction over investigation of civil aviation incidents. The military controls investigations on military aircraft incident sites.

PROCEDURES:

LANDINGS:

Air Ambulance Landings: Officers and other emergency responders should be aware motorists’ attention is focused on the aircraft; as a result motor vehicle accidents during landings are common. If the use of an air ambulance is requested:

Landing Zone Other than Public Roadway: 1. If the landing site is not on a public roadway, a secure landing zone is established before the aircraft arrives, the area remains secured until the helicopter has departed. 1. Clearly identify the landing zone. 2. Once secured, no vehicles move into the landing site except an ambulance bringing the injured or fire service vehicle providing standby fire suppression. 3. All persons providing landing site security should be ready to move to an alternate site quickly should the pilot decide the chosen landing site is not suitable for any reason. 4. The pilot is responsible for the safety of the aircraft and his/her decision is FINAL.

Landing Zone on Public Roadway: 1. A secure landing zone is established before the aircraft arrives and the area remains secured until the helicopter has departed. 1. Clearly identify the landing zone. 2. Once secured, no vehicles move into the landing site except an ambulance bringing the injured or fire service vehicle providing standby fire suppression. 3. All persons providing landing site security should be ready to move to an alternate site quickly should the pilot decide the chosen landing site is not suitable for any reason. 4. The pilot is responsible for the safety of the aircraft and his/her decision is FINAL.

INCIDENTS:

Initial Response: 1. Olmos Park Police Department officers attempt to rescue any persons, aircraft passengers or those on the ground, only when it is safe to do so. 2. ONLY the on-scene incident commander of the fire department, once they have arrived and taken control of a scene, can declare a scene safe and clear.

Page 2 of 5 Enforcement Policies and Procedures, 7.09 Aircraft Incident or Accident

Establish Inner & Outer Perimeter: 1. Protect property; 2. Prevent the disturbance of wreckage and debris except to preserve life, rescue the injured, or protect the wreckage from further damage; 3. Protect & preserve: a. Ground scars & b. Marks made by the aircraft 4. Admit Public Safety Personnel access to the wreckage to the extent necessary to: a. Preserve life, b. Extinguish fire; or c. Stabilize hazardous materials. 5. Establish and maintain a scene log of personnel who enter the accident site

Prior to NTSB Arrival on Scene: 1. Restrict Access only to Authorized Personnel having an official function to perform: a. EMS; b. FAA; c. Fire; d. Medical Examiner/Coroner; e. NTSB; f. State Aviation safety investigators; g. Military, if a military aircraft; & h. Other Emergency Services Agencies, as appropriate. 2. Once fire and rescue personnel have departed, only official representatives of the FAA or NTSB are authorized entry to or removal of any items from the scene.

Biohazard or Hazardous Materials: Potentially dangerous materials that might be present may include, but are not limited to: 1. NBC materials: a. Nuclear i. Radioactive; b. Biological i. Including bodily fluids; & c. Chemicals 2. Explosives; 3. Fuel; 4. Pressure vessels & other potentially explosive components:

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a. Accumulators, b. Ballistic parachute systems, c. Batteries, d. Composite materials, e. Compressed air, f. Evacuation chutes, g. Fire extinguishers, h. Flares, i. Hydraulic cylinders & hoses, j. Igniters, k. Oxygen systems & bottles; & l. Tires.

Wreckage Documentation & Evidence Preservation: Keeping personal safety in mind, collect the following information: 1. Aircraft registration number and alpha-numeric identifier, usually located on the exterior of the tail section, in in large black lettering, and if a US civil aircraft the number starts with the letter “N”; 2. Number of casualties; 3. Identify, preserve, mark, photograph, and/or video the overall wreckage including cockpit area starting at the initial point of impact; 4. Identify, preserve, mark, photograph, and/or video any ground scars or marks made by the aircraft; 5. Identify, preserve, mark, photograph, and/or video any items that may have potential evidentiary value; & 6. Do not remove anything from the site, unless there is an overriding safety concern.

Injured/Fatalities: 1. Coordinate with the NTSB prior to the removal of items, when practical. 2. If it is impractical to coordinate with NTSB, document that part of the scene to be disturbed, including switch/control positions, and instrument/gauge readings.

Witnesses: 1. Document witnesses: a. Name, b. Address, c. Phone numbers (home & work), & d. Identifiers. 2. Witness location relative to the incident site; 3. What they observed or heard; 4. Name of person reporting accident; & 5. Preserve 911/telephone tapes.

After NTSB is On-Scene:

Page 4 of 5 Enforcement Policies and Procedures, 7.09 Aircraft Incident or Accident

1. There is no access without NTSB authorization. 2. Aircraft owners or corporate representatives, insurance representatives, or other regulatory personnel requesting access are only authorized access by NTSB.

Media Relations: 1. Establish a media center consistent with policy Media Relations. a. Only authorized emergency service individuals allowed on site. 2. Do not speculate on the cause of the accident, or repeat what a witness might have reported. 3. Refer all media inquiries regarding the investigation to NTSB. 4. Local authorities normally retain the responsibility for the release of victims’ names and other information.

Page 5 of 5 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Haz-Mat Incident Policy Number: 7.10

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department personnel exercise caution when responding to instances where hazardous material or agent [Haz-Mat] exposure is known or suspected.

DISCUSSION:

Known or suspected hazardous or potentially hazardous materials are in use throughout our jurisdiction. A listing of these materials and their associated Material Safety Data Sheets are generally on file with the businesses or entities that use them. The fire department and Emergency Management Agency also maintain reference data on hazardous materials. Hazardous material data is also available through our communications center.

DEFINITIONS:

 DECON – Abbreviation for decontamination the process of cleansing the human body or other items to remove contamination by hazardous materials including chemicals, radioactive substances, and infectious material.

 Haz-Mat – Abbreviation for any hazardous agents that may pose a threat to life or property, including radiological, nuclear, biological, chemical, and/or other materials. Any of these materials may be found in solid, liquid, or gaseous forms.

 MSDS – Material Safety Data Sheets is a form containing information regarding a particular substance make-up. MSDS is used for cataloging information on chemicals, chemical compounds, and chemical mixtures. MSDS includes instructions for the safe use and potential hazards associated with a particular material or product. These data sheets can generally be found anywhere where the chemicals are being used.

Page 1 of 5 Law Enforcement Policies and Procedures, 7.10 Haz-Mat Incident

PROCEDURES:

Generally Haz-Mat incidents are handled the same as fire incidents. However, perimeter security is even more critical.

General Response: 1. Communications Center announces the location of the known or suspected Haz- Mat incident over the radio net and notifies other first responders. 2. Nearest officer is dispatched Code 3. Additional officers may also be dispatched. Caution should be used not to enter the affected area. 3. Radio net remains clear until the officer announces his arrival and reports on status of the incident after checking conditions at the scene, again exercising caution not to enter the affected area. 4. If the Haz-Mat notification is a false alarm (no spill, release, or suspicious package), the officer reports accordingly, and communications notifies all first responders. 5. Designated Haz-Mat team continues to respond to verify there is no incident.

Actual Haz-Mat: In the event that Haz-Mat report is confirmed or suspected, the following actions are taken: 1. Communications announces the location of the Haz-Mat incident and notifies first responders. 2. Nearest officer is dispatched Code 3. Additional officers are also dispatched. Caution should be used not to enter the affected area. 3. The radio net remains clear until the officer announces his arrival and reports on status of the incident, again exercising caution not to enter the affected area. 4. If the incident is inside a building, and it is safe for an officer to enter, the officer activates the fire alarm pull station to isolate the area. This action normally closes the air handlers, fire doors, etc. and assist in securing/sealing off the area to limit additional exposure. 5. RACE should be implemented, except that persons in the affected area remain to prevent additional contamination, when practical:  R - Rescue/Remove: Remove personnel from the immediate danger. Also, see Evacuate, below.  A - Alarm: Activate fire alarm system (as above). Communications Center notifies appropriate First Responders.  C - Control/Contain: Disconnect electrical equipment, close fire dampers by using pull station; last person out, close all doors.  E - Extinguish/Evacuate: Activate any suppression systems to mitigate, control hazardous material contamination. Depending on the situation and circumstances, employees determine if evacuation is warranted. Keep in mind that if persons in the area who may have been exposed to a hazardous material, may spread contamination if evacuated.

Page 2 of 5 Law Enforcement Policies and Procedures, 7.10 Haz-Mat Incident

Communications: 1. Responders keep communications informed of their actions and location. 2. Communications are passed over the radio to ensure all responders and telecommunicators, are kept informed of the incident status while maintaining an accurate record of the emergency. 3. Any employee not involved in the emergency, immediately cease non-emergency radio traffic or requests until authorized by communications that normal radio traffic is resuming. 4. Establish perimeters as needed to prohibit unauthorized access. Typical such perimeters include: a. Inner (primary) perimeter - Inside building or facility where release took place; b. Outer (secondary) perimeter - Controlling access to building or facility where release took place; c. Access Control (third) perimeter - Controlling traffic and access to scene; i. Allows only properly equipped, authorized personnel into the affected area. ii. Establishes a news media assembly area. 5. News Media are referred to Media Relations personnel, who also supervise the news media assembly area. 6. Fire Department [FD] Haz-Mat unit commander assumes command upon arrival at the scene. a. Olmos Park Police Department personnel follow the FD unit commander’s instructions regarding ingress/egress, evacuations, etc. b. Officers are only relieved from duty or their post by the senior Olmos Park Police Department supervisor at the scene. 7. Responders to the Haz-Mat incidents move safely and quickly to their assigned locations or duties. 8. Depending on the type of incident personnel use appropriate safety equipment, as they are trained and equipped. When in doubt employees request instructions via the radio or a nearby supervisor.

HAZ-MAT Incident in Agency Facility: 1. First employee to become aware of a suspected Haz-Mat incident within an agency facility activates this plan and RACE. 2. In addition to activating RACE, agency personnel activate a fire alarm pull station to close the air handlers, fire doors, etc. as they evacuate the area. 3. Personnel follow posted evacuation routes, if evacuation is ordered or warranted. 4. Special care is taken to secure and remove any detainees in the facility, and escort them under armed guard out of the facility to another secure location. Detainees may be temporarily secured in vehicles with detainee barriers. In such instances, the detainees are kept under armed guard. 5. Agency personnel, not on assignment elsewhere and who cannot be reached by radio or cellphone, are notified to meet at the designated assembly area.

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6. Employees remain in the assembly area until receiving All Clear or additional instructions. 7. Due to the critical nature of their positions, telecommunicators evacuate their communications stations only during immediate life-threatening situations. 8. In the event that communicators must evacuate, the radio net is notified and the telephones phones are transferred to the designated the back-up communications center.

Evacuation: 1. Evacuation is considered an extreme measure, warranted only when the well- being or lives of staff, detainees, or visitors are perceived in immediate danger. Keep in mind that if persons in the area who may have been exposed to a hazardous material, may spread contamination if evacuated. Movement from a known to an unknown condition can be problematic. 2. The preferred method of evacuation is a partial facility evacuation, which is initiated, with horizontal evacuation or evacuation of occupants from one smoke or fire compartment to another compartment on the same level. 3. If horizontal evacuation is not possible or effective, the next means of partial evacuation involve vertical evacuation, movement of occupants via stairwells, from one floor to a floor on a lower or higher level. 4. Because Haz-Mat incidents sometimes necessitate immediate decisions, the supervisor or designee of the affected area is authorized to issue the order for a partial or full facility evacuation. 5. In multi-level facilities, stairs should be used instead of elevators.

Decontamination (DECON): Haz-Mat incidents may require the establishment of an area to decontaminate persons and/or property affected by the hazardous material release. DECON sites: 1. Are ideally an area that a. Can be readily secured; b. Is protected from the elements; c. Provides protection for i. Persons not contaminated, ii. The general public; & d. Provides some degree of privacy for victims. 2. Agency personnel secure the perimeter of the DECON site, as required, and. a. Use Personal Protective Equipment (PPE); b. Follow universal precautions; & c. Remain on the perimeter to prevent exposure. 3. Assigned Haz-Mat, fire, or medical personnel perform DECON. 4. Area remains secured until cleared by the Incident Commander. 5. In order to prevent the spread of contamination or disease, if a contaminated person attempts to leave the DECON area, without being properly treated or violates the security perimeter, use of reasonable force is authorized. 6. In order to prevent the spread of contamination or disease, if any person

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attempts to breach (enter) the security perimeter without proper equipment or authorization during decontamination procedures, use of reasonable force is authorized. 7. If an officer becomes contaminated or is exposed to possible contaminates during an encounter with a suspected contaminated person that officer immediately reports to the DECON area for processing with the person apprehended. 8. Personnel notify communications immediately of any such incident.

Special Instructions for Drills: During Haz-Mat drills within the agency facility, the telecommunicators remain on post and continue to perform normal duties.

Communications: 1. Employees keep communications informed of his/her actions and location. 2. All communications are over the radio channel to ensure staffs are kept informed of the incident and status. 3. Any employee not involved in the emergency, immediately cease non-emergency radio traffic or requests until authorized by Communications Center to resume normal traffic.

After Action Reports: The Police Chief or designee is responsible for submission of a detailed After Action Report detailing the agency’s response to incident, including, but not limited to: 1. Actions taken; 2. Positives; 3. Negatives; 4. Recommended opportunities for improvement; 5. Other risk management issues; 6. Mitigation; & 7. Steps taken to return to normal operations.

Detection Devices: Some employee of this agency may be equipped with Haz-Mat detection equipment. Those so equipped are trained in the proper use, capabilities, maintenance, and testing of these devices. These devices are maintained in good working order. Any device that requires maintenance or repair is immediately taken out of service and the designated supervisor notified.

Training & Competency: Designated personnel complete training and demonstrate proficiency on this response plan.

Page 5 of 5 Olmos Park Police Department Law Enforcement Policies and procedures

Subject: Mutual Aid & Inter-local Policy Number: 7.11 Agreements Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Under special and emergency situations, Olmos Park Police Department may provide or receive aid and assistance to and from other public entities and groups.

DISCUSSION:

For purposes of this policy, Mutual Aid Agreements [MAA], Inter-Local Agreements [ILA] and Memorandums of Understanding [MOU] have the same general meaning and are referred to as a mutual aid agreement. Under emergency or special conditions, agency personnel may provide assistance in other enforcement jurisdictions. Likewise, such aid may be provided within our jurisdiction from agencies and groups that do not normally work within our area of responsibility. In each instance, times permitting the provision of such services are provided under a mutual aid agreement.

PROCEDURE:

Olmos Park Police Department personnel and equipment provided in a mutual aid capacity are managed by agency supervisors and the agency chain of command remains intact, although an incident or joint command may be established.

Copies of mutual aid agreements, and associated contingency plans are developed and maintained and approved by the Police Chief, with the advice and consent of Olmos Park executives. These agreements are reviewed on an annual basis by the Police Chief for economy of force, current law requirements, available resources and community needs.

Copies of approved mutual aid agreements are maintained in the communications center as a quick reference for supervisors and telecommunicators.

Page 1 of 2 Law Enforcement Policies and Procedures, 7.11 Mutual Aid & Inter-local Agreements

Mutual Aid Agreements: Agreements should provide information necessary to initiate mutual aid when needed, including: 1. Parties to the agreement; 2. Duration of the agreement; 3. Scope of the agreement; 4. Third party beneficiaries; 5. Authorized representatives and oversight review; 6. Assignments and amendments; 7. Liability insurance and workmen’s compensation coverage; 8. Payment or reimbursement requirements, and accounting; & 9. Termination.

Providing Available Aid upon a Mutual Aid Request: In the event Olmos Park Police Department is contacted by another law enforcement agency requesting mutual aid: 1. The highest-ranking on-duty supervisor will be immediately notified so the situation can be reviewed and a determination made as to the number of employees and the equipment to be dispatched. 2. The senior on-duty supervisor confirms with communications personnel that a mutual aid agreement exists between Olmos Park Police Department and the requesting entity. 3. The supervisor notifies the Police Chief or designee as soon as practical, and confirms actions to be taken.

Federal Law Enforcement Assistance: In addition to other aid, the Police Chief or designee may request federal law enforcement assistance, with the advice and consent of Olmos Park executives.

Mutual aid provided to the federal government, not covered by a mutual aid agreement, should include agency management discussions with the requesting federal agency regarding cost reimbursement, liability coverage, workmens compensation coverage, and any federal deputation that might be needed.

State Troops: An emergency may arise necessitating the call-out of the State National Guard: 1. Requests for such assistance are made to the Governor by the Olmos Park executives after an Emergency Declaration. 2. The decision to request such assistance is typically made through an Emergency Operations Center.

Page 2 of 2 INVESTIGATIONS Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Criminal Investigations Policy Number: 8.01

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Complaints of major law violations require investigations that are conducted in-depth by Olmos Park Police Department investigators with attention to detail regardless of whether the inquiry is preliminary or part of a more detailed investigation.

DEFINITIONS:

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statements, officer notes, progress notes, crime scene sketches, physical evidence, videos, photographs, electronic recordings, etc.

PROCEDURES:

Preliminary Investigation: Preliminary investigations begin when the first law enforcement officer arrives at a suspected crime scene, or information is received by an employee concerning an alleged crime. The preliminary investigation continues until postponed, transferred to another officer or agency, or it is determined no prosecutable crime exists. The following officer responsibilities are part of the preliminary investigation and may vary with the type of crime investigated and information developed: 1. Provide aid to the injured; 2. Protect the crime scene to insure evidence is not lost or contaminated; 3. Determine if an offense has actually been committed, and if so, the nature of the offense; 4. Determine the identity of witnesses, suspect(s) and affect an arrest if probable cause can be established at the scene or through immediate pursuit; 5. Furnish other field units descriptions, method, and direction of flight of would be suspects, and other relevant information concerning wanted persons or vehicles; 6. Obtain complete identification of witnesses; 7. Determine what information is known by the victim and each witness; 8. Determine circumstances of the offense; 9. Arrange for the detailed collection of evidence; 10. Obtain written and signed statements from victim(s), witnesses, and from suspect(s), if present; 11. Determine the necessity and degree of follow-up surveillance of the crime scene; & 12. Accurately and completely record all pertinent information on the report forms.

Initial stages of preliminary investigations including crime scene processing, are usually conducted by patrol officers. The follow-up investigation of any serious crime is generally the responsibility of an experienced criminal investigator.

As soon as a patrol officer concludes the preliminary investigation, the initial field report(s) is completed including information obtained at the scene.

It is the responsibility of the Shift Supervisor to ensure that a complete preliminary investigation has been made and to review, screen, and approve the officer's report(s). In the case of those offenses reported directly to and handled completely by a criminal investigator, the Second in Command, reviews the reports.

Detailed Investigations: Detailed investigations are an extension of the preliminary investigation. The purpose of the detailed inquiry is to provide additional investigation support in order to determine

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the offenses that may have been committed, affect the arrest of any offenders and/or recover stolen property. Criminal investigator responsibilities during the detailed investigation may include: 1. Preparing a case file folder; 2. Collecting, documenting, and preserving physical evidence, arranging for the analysis and evaluation of the evidence, and reviewing the laboratory analysis of that evidence; 3. Recovering stolen property; 4. Conducting additional interviews of victims and witnesses, as required; 5. Interviewing and interrogating suspects, as required; 6. Obtaining additional information from law enforcement officers and informants; 7. Reviewing agency records and coordinating with adjoining agencies regarding other similar offenses to determine if other crimes may have been committed by the suspects; 8. Reviewing all information contained in the case file (preliminary investigation and earlier follow-up reports) concerning this offense; 9. Determining if the crime being investigated in related to other reported crimes or is part of a series of similar crimes; 10. Recording information obtained and preparing supplementary reports, as required; 11. Distributing information, as appropriate; 12. Planning, organizing, and conducting searches, if necessary; 13. Arranging for polygraph, voice stress, toxicology, or other examinations; 14. Checking the suspect's local police record and criminal histories; 15. Preparing the application for warrants; 16. Identifying and apprehending offenders; & 17. Consulting and assisting in the prosecution.

Assignment of Investigators: When assigning criminal investigators to a detailed investigation, agency management normally considers the following guidelines: 1. Patrol officers normally conduct and complete the investigation of all non-criminal calls for police service and for misdemeanor or felony crimes not appropriate for referral to a criminal investigator. 2. Criminal investigators conduct follow-up investigations when one or more of the following conditions exists: a. Offense is of a specific nature where specialized expertise is indicated, such as homicide, narcotics, kidnapping, gang activity, etc. b. Offense appears to be part of a pattern; c. Where sufficient evidence is recovered that could lead to or identify a potential suspect; d. When there is a known suspect to the crime; e. When articles of a crime are known to be, and can be, recovered; f. When follow-up investigations are required in widely separated locations outside this jurisdiction; &

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g. In all other instances as directed by agency management.

Serious Crimes - Criminal Investigator Response: Criminal investigators of Olmos Park Police Department are on-call 24-hours each day to conduct the following specialized investigations: 1. Deaths or serious injury of a violent or suspicious nature; 2. Actual or suspected sexual assault and other sex offenses; 3. Armed robberies; 4. Burglaries where there is excessive or unusual loss (high dollar value, cash, jewelry, silver, art, intellectual, etc.); 5. Major disasters (where investigators can assist in identification of victims); 6. Hostage taking; 7. Kidnappings, extortion; 8. Officer involved shootings; 9. Bombings; 10. Terroristic threats or attacks; or 11. Any criminal offense or situation for which the on-duty ranking officer or Shift Supervisor believes a criminal investigator should be immediately assigned.

In the event the criminal investigator on-call is unavailable, the Police Chief is contacted immediately for guidance. If requested by the assigned criminal investigator, the dispatcher directs available patrol personnel to assist with protection of crime scene, traffic, crowd control, witness canvas, etc.

PROSECUTION:

Relationships with Prosecuting Attorney: Prosecuting attorney’s consider charges brought by law enforcement and prosecutes misdemeanor and felony criminal cases, within their jurisdiction. Officers and investigators presenting charges to the prosecutor cooperate and support the prosecution to completion, once charges are accepted.

When presenting charges to the prosecutor and criminal investigators outline; both the inculpatory and exculpatory evidence in outline form and at the detail requested by the prosecutor. Once charges are accepted, the entire investigative file is present to the prosecutor, and nothing is held back.

For more important aspects of the relationship between prosecutors and members of this agency, see policy Criminal Investigators & Prosecutors.

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TACTICS:

Use of Crime Checklist: Attached to this policy is a Crime Checklist that is not a part of the policy, but can be used in addition to any other investigative tool or list to conduct the investigations. Investigators, regardless of position or rank can employ this checklist.

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CRIME INVESTIGATOR CHECKLIST

The following is a crime checklist that may assist the investigator during the initial stages of planning the investigation. It contains questions, which should be addressed during the criminal investigation, as well as specific questions relating to different types of crimes. These lists are not intended to be all-inclusive, but serve as guides, in setting up the inquiry, preparing reports, and supervisory review of reports.

General Investigative Questions:

Who is involved?

1. Who is the victim? 2. Who is the suspect? 3. Who is a witness? 4. Who reported the case?

What happened?

1. What took place? 2. What offense was committed? 3. What are the elements of the offense? 4. What was the object of the attack?

When did it happen?

1. When in time did the occurrence take place? a. At what hour? b. On what day? c. In what month? d. In what year? 2. Was it day or night? 3. Was it clear or cloudy? 4. Was it foggy, misty, raining, smoggy, snowing, hailing, sleeting, etc.?

Where did it happen?

1. Where did the offense occur? 2. Where was the object of the offense? 3. Where is the object of the offense now? 4. Where was the object of the offense found? 5. Where was the perpetrator of the offense? 6. Where is the suspect now? 7. Where was the suspect when apprehended?

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8. Over what area did the offense extend? 9. Where were the witnesses in relation to the crime scene? 10. Where are the witnesses now?

How did it happen?

1. How was the offense committed? a. What preparation was made to commit the offense? b. What was done to avoid detection? 2. How was the property or person attacked? a. What method was used to induce the victim to give up his property? b. What means were used to overcome resistance of the victim? c. What means or instruments were used in the perpetration of the offense? 3. How did the offender act? 4. How did the victim act? 5. How did the situation assist in the commission of the offense? 6. How did the offender enter and exit the crime scene? a. What means of entry and exit were used? b. What instruments were used for entry/exit? 7. Ensure each element of the offense is covered in reports, statements, etc.

Offenses Against Persons: The offenses of robbery, assault, battery, murder, kidnapping, abduction, mayhem, sex offenses, and extortion are considered offenses against the person. The investigating officer should determine the following: 1. What device, trick, ruse, or other method did the perpetrator use to gain access to the victim? 2. What did the perpetrator say, using exact wording? 3. What in detail did the perpetrator do? 4. How did he act? 5. What means did he use to commit the act? 6. What preceded the offense? 7. What was the victim doing immediately preceding and at the time of the offense? 8. Were there any accomplices? a. What did they look like? b. What did the accomplices do in participation of the crime? c. Did they arrive with the perpetrator? d. Did they leave with the perpetrator? 9. How did the perpetrator arrive and depart? 10. What other facts surrounding the occurrence could be used to identify the perpetrator and accomplices? 11. When all else fails, investigate the victim

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Offenses Against Property:

Burglary

1. Precisely what type of premise was entered? 2. Where was the point of entry? 3. Where was the point of departure? 4. What instruments were used to gain entry? 5. What was done to preserve evidence of entry and exit? 6. What acts were committed by the perpetrator at the scene? 7. Where were occupants of the premises? 8. How did the perpetrator arrive and depart? 9. Are there any other facts or acts that can be used to identify the perpetrator? 10. From what place was property stolen? 11. Were there occupants on the premises? 12. Where were they? 13. What means were used to take the property? 14. How did the victim discover the loss? 15. What means were used to distract attention of victims or persons in the vicinity? 16. How did the perpetrator arrive and depart? 17. Video, CCTV, or photos of crime or suspect?

Fraudulent Checks

1. How were the checks written or otherwise prepared? 2. What type of paper was used? 3. How were the checks returned? 4. What purpose was to be served by check? 5. What claim was made by the passer to establish authenticity of check? 6. Was the victim able to note description of check passer? 7. What caused the victim to notice the worthless check? 8. What did the passer say when presenting the check to the victim? 9. What time of day was the check passed? 10. How did the check passer arrive and depart? 11. Are there any other pertinent facts? 12. Video, CCTV, or photo of transaction?

Embezzlement

1. What property was the subject of the embezzlement? 2. What was the value of the property? 3. Who had ownership? 4. Who had possession of the property at the time of the conversion? 5. Under what circumstances was the property received or held? 6. How was the loss of the property discovered?

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7. Where was the property recovered? 8. Who had possession of the property at the time of recovery? 9. Video, CCTV, or photos of crime or suspect?

Arson

1. How was the fire reported? 2. Who reported the fire? a. Name b. Address c. Telephone number d. Occupation e. Description f. Circumstances causing person to note fire 3. When time was the fire discovered? 4. Who discovered the fire? a. Name b. Address c. Telephone number d. Occupation e. Description 5. Where was the person who discovered the fire? 6. How did he happen to be there? 7. What type of structure or property was set on fire? 8. Condition of the structure before the fire? 9. Was the building vacant, and if so, for how long? 10. Was the building inhabited? 11. Was a human being in the structure at the time of the fire? 12. Would an ordinary person have reason to know or suspect the building was inhabited? 13. Who occupies the building? 14. What type of business is carried on in the building? 15. How long has this business been at this location? 16. Insurance information on building and/or contents 17. Financial condition of business 18. Who owns the building? a. Name b. Address c. Age d. Description e. When acquired building 19. How was the fire started? 20. What materials, accelerants, and devices were used? 21. What was the value of the property destroyed? 22. What were the findings of the arson investigator, of the fire department, and other

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agencies? Attach the reports as exhibits. 23. Was there a burning or charring as distinguished from mere scorching? 24. What evidence (traces on clothing of suspect or clue materials at the scene) is associated the suspect with the scene? 25. What actions of the suspect offered evidence of criminal intent? 26. Video, CCTV, or photos of crime or suspect? 27. Many times the actor may be in the crowd watching fire personnel work to put out the fire. Officers should observe the crowd for unusual activity.

Page 10 of 10 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Crime, Accident & Incident Policy Number: 8.02 Scenes Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department officers understand and follow established procedures to effectively protect, collect, and preserve data and evidence collected at a crime, accident, and incident scene and conduct initial investigative and other essential tasks at crime scenes.

DISCUSSION:

The actions taken by patrol and investigative officers at crime, accident, and incident scenes often determine the course and success of criminal and accident investigations. Initial responding officers play a critical role by protecting evidence, rendering emergency services, and initiating the investigation. Remember that the public, the courts, and other law enforcement agencies judge our agency by the manner in which we carry out what appear to be mundane and routine tasks at a crime, accident, or incident scene.

The public is becoming ever mindful of the manner in which crime scenes should be handled and preserved. Key watchwords in crime scene management are . . . get it all, get it right, get it recorded, and get it the first time. Remember, there is no such thing as going back to a crime scene after it is released back to the public. This is also true regarding an accident or incident scene. You can go back to the location; however the scene is contaminated or gone! Likewise, what appears to be an incident or accident scene at first glance may turn out to be a suspect crime scene upon further analysis.

PROCEDURES:

Initial Response: Initial responding officers begin and continue the preliminary investigation until reassigned by a superior officer, detective, or crime scene technician.

When practical it is the responsibility of the initial responding officer(s) to:

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1. Watch for individual suspects or vehicles that may be in flight while in transit to the crime scene; 2. Verify that a possible crime or accident has occurred and relay essential information to communications upon arrival; 3. Administer first aid and summon emergency medical assistance, as required and protect victims or others or further injury; 4. Arrest suspects, when practical. A decision to leave the scene to arrest or pursue a suspect is made based on weighing the immediate needs of victims and others against the safety of the public, if the suspect were allowed to escape; 5. Provide communicators with the following information for broadcast: a. Nature of the crime or incident; b. Description of perpetrators, mode, and direction of flight; c. Description of vehicles used by offenders and any accomplices; d. Whether firearms or other deadly weapons were used and descriptions of same; & e. Additional emergency or support units required at the scene. 6. Identify: a. Determine the identities of any witnesses and instruct them to remain at the scene until they can be interviewed; b. Identities of any other persons who were present upon arrival at the crime scene; c. License tags of vehicles parked near the crime scene and remain aware of suspicious persons on hand at or near the crime scene. 7. Provide supervisors and investigative personnel with complete information about the offense, possible modus operandi, and the measures taken by officers and others. 8. Preserve the incident location from contamination, tampering, or removal of potential evidence.

Preservation of the Scene: In order to preserve evidence at crime scenes, first responding officers: 1. Enter the scene only for purposes of aiding victims or bystanders in need of immediate assistance, apprehending suspects, or securing the area. Officers avoid touching, walking upon, or moving objects, or otherwise altering or contaminating the scene. 2. Immediately activate a crime scene log of who enters and leaves and what time they enter and leave the secured crime scene area. Inform anyone entering the secured crime scene area that they are subject to subpoena and testimony in court proceedings as to what their involvement was with in the crime scene. 3. Define the boundaries of the crime scene including all areas that may reasonably be searched for evidence. 4. Consider the nature and seriousness of the crime and if necessary: a. Request backup assistance to restrict access to the crime scene and control any on-lookers;

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b. Erect barricade tape, rope or cordon off, lock or otherwise secure the immediate crime scene and restrict access to defined crime perimeters; & c. Record any alterations made at a crime scene due to emergency assistance to victims, the actions of persons reporting the crime, and handling of any items of evidentiary value or other actions. 5. Restrict persons from a crime scene who are not directly involved in the investigation. In the case of homicides or other major crimes the officer-in- charge (OIC) ensures that the identity of all persons entering the crime scene is recorded. 6. Approach homicides and other major crime scenes in a single defined line or path. This action limits destruction of footprints and other impressions, and contamination of scent trails that may be useful in canine searches. 7. The place last seen of a kidnapped or missing person should also be protected in a similar manner to the above. 8. Protect any areas or paths of travel that may be used in K9 tracking.

Collection of Evidence: Initial responding officers at suspected major crime scenes may not collect potential evidentiary value items unless absolutely necessary to protect the evidence from damage or destruction, or unless directed by the Officer in Charge (OIC). If directed by the OIC, officers may: 1. Clearly and completely document the chain of custody of all evidence beginning with initial collection, packaging, and labeling at the crime scene. 2. Search the crime scene in a manner or method prescribed by the OIC. Particular emphasis is placed on items that may help establish who, what, when, where, or how the crime was committed. This may include but is not limited to: a. Objects found in unexpected or unusual locations; & b. Weapons, tools, clothing, stains, blood spatters, fingerprints, footprints, tire or tool mark impressions, broken glass, fibers, soil or other items or substances. 3. Photograph, preserve, package, and label evidence.

Electronic Media Collection: While in the performance of your official duties, you are most likely be exposed to situations that are tragic, funny, circumstantially rare, or interesting. Especially at crime or incident scenes, while interviewing suspects and witnesses, motor vehicle accidents, and the like. Some of these events may involve high profile personalities.

All Electronic Media recorded or collected while at a crime, incident, or accident scene are the immediate property of Olmos Park Police Deparment, and is handled and accounted for as with all other evidence. This evidence with not be transmitted to other personnel in or out of the agency, unless for official use only and in furtherance of agency goals and objectives. Officers and employees are not authorized to retain personal copies of such evidence or data in any form.

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Except in exigent circumstances officers and employees do not record or take photographs or make recordings at crime, incident, or accident locations with personal cell phones or other media devices. In rare instances when this does occur the recording become the sole property of the agency and processed as evidence. For more information and direction on the collection and protection of Electronic Media refer to the Electronic Media Security policy.

Interviewing Witnesses: The purpose of these interviews is to gather basic information about the crime at the earliest point possible in order to identify the perpetrator and establish the basis for the follow-up investigation. In addition to asking for positive details, officers ask potential witnesses such questions as . . . is there anything unusual or different about this day or time period?

Important tactics to consider in conducting interviews at or near the incident include: 1. Witnesses are identified and preliminarily interviewed as soon as possible. 2. Neighborhood surrounding the crime scene should be canvassed promptly in order to identify additional witnesses or others who may have some knowledge of the crime or possible related events. 3. All people who have gathered at a crime scene as spectators should be recorded as to who they are, address, description, phone numbers etc. 4. Identification should be verified with some type of photographic identification. When possible, photograph or video record these people. Many times the perpetrator is identified through these recordings. 5. Use of a voice tape recorder of the conversation is helpful. Just inform them that they are being recorded. 6. When video taping is done in a crowd, there is no right to privacy unless the video is used in a manner of public broadcast or exploitation.

Crime Scene Reporting: Officers conducting preliminary and follow-up investigations complete appropriate reports in accordance with agency policy. At a minimum, reports include: 1. Date and time of arrival at the scene; 2. Any relevant weather or situational conditions such as the status of the crime scene upon arrival (e.g., fire, crowds, and initial observations); 3. How the crime was discovered and reported and the relationship of reporting individuals to victims or others if appropriate; 4. Identity of other officers or emergency personnel present upon arrival and those who responded to the crime scene thereafter; 5. Physical evidence discovered and the identity of the officers responsible for its collection (special note should be made of any valuables collected at the scene, such as currency or jewelry); 6. Name, address, and telephone number or other appropriate identification of witnesses to the crime;

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7. Results of interviews with victims and witnesses to include in particular the identity or best possible description of suspects, method of operation, means of escape and any other pertinent identifying information; 8. Diagrams, sketches, photographs video tape or other similar information made at the scene or the identity of officers or civilians who made such recordings; & 9. Recommendations for further investigation such as the names of witnesses or others who may be able to provide additional information.

Page 5 of 5 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Child Abuse Investigations Policy Number: 8.03

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Reports of child abuse and neglect are investigated promptly and efficiently by Olmos Park Police Department and appropriate measures taken consistent with the concept of equal protection under the law, and in the best interests of the child.

DISCUSSION:

Child abuse and neglect has been traditionally regarded as the principle responsibility of child protective services and social welfare agencies. However, research has demonstrated that a large percentage of repeat offenses, many of which involve serious injury or death to a child, involve known repeat offenders.

It is the position of Olmos Park Police Department that effective response to child maltreatment requires cooperative and coordinated efforts between social welfare and law enforcement agencies and further under certain circumstances, arrest and criminal prosecution is an appropriate and preferred approach to the problem from a preventive standpoint.

DEFINITION:

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

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o A child has been subjected to emotional assault such as a close, sustained confinement.

PROCEDURES:

Reporting/Initial Complaint Response: Instances or suspected instances of child abuse or neglect are reported by public and private officials such as physicians, dentists, school employees, clergymen, law enforcement officers, and others. Officers record and respond to all reports of child abuse, neglect, and abandonment in the following manner: 1. A preliminary interview is conducted with the reporting individual, when known, to determine the basis for the report, to include determination of such factors as: a. Physical condition of the child; b. Description of the abusive or neglectful behavior; c. Evidence of parental disabilities such as alcoholism, drug abuse, mental illness, or other factors that demonstrate or suggest their inability to care for the child; d. Description of suspicious injuries or conditions; e. Nature of any statements made by the child concerning parental maltreatment; f. Evidence of parental indifference or inattention to the child’s physical or emotional needs; g. If at the residence of the child, condition of the premises; & h. Motivation of the person filing the report or furnishing the information. 2. When the source of the report cannot be identified and/or time is not of the essence, a report of the complaint is made to state child protective authority as prescribed by law. Where reasonable suspicion exists for further investigation, a coordinated investigative effort should be undertaken with the child protection authority. 3. Immediate action is taken by officers when: a. Complaint warrants arrest or criminal prosecution; b. Child protective personnel are not available and time is of the essence; c. Child is in danger and child protective personnel cannot enter the home; d. Suspected perpetrator may flee;

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e. Police presence is required to maintain order or to protect the safety of child protection personnel; or f. When the child is taken into protective custody against parental wishes. 4. The preferred means of removing a child from the home is by court order. However, in cases of abandonment, severe abuse, or neglect, where the child is in imminent danger of death or serious bodily harm and time is of the essence, an officer removes the child from the home for purposes of protective custody. The assistance of child welfare authority personnel should be sought, if available, in a timely manner. Parental permission should also be sought, but is not required in order to remove the child under emergency circumstances. 5. In cases where protective custody is warranted and time permits, the state child protection agency is notified and a court order for protective custody is sought prior to the child’s removal.

TACTICS:

Background Investigation: Investigating complaints of child abuse generally requires contact with several sources of information depending upon the nature of the complaint and the scope of abuse. In all but emergency situations, the following sources of information should normally be contacted prior to interviewing the family and/or the child: 1. Medical personnel: Family practitioners, emergency room staff and medical examiners often acquire information that confirms or suggests abuse which may include: a. ‘Pattern” injuries that may be linked to specific objects used in an attack such as hot irons, coat hangers; fingertip marks caused by tight gripping; straight, curved, or jagged lesions indicating whipping; bite marks; and scald or peculiar burn marks; b. Injuries to specific body parts such as the genitals, buttocks or rectum as well as trauma to the torso, upper arms and thighs in the absence of other common injuries commonly suffered by children in play accidents such as skinned knees, elbows, and forehead; c. Signs of old injuries to various parts of the body in different stages of healing, particularly those that are not common to childhood; d. Bone fractures in small children and related injuries that are inconsistent with the child’s level of maturity and risk of injury, such as fractures to the rear and upper skull (suggesting blows to the head), subdural hematomas without scalp contusions (suggesting violent shaking with resultant head whiplash), and spiral fractures of long bones and joints (suggestive of violent pulling, twisting, or jerking of the extremities); e. History, pattern, or extent of injury that does not correlate with the alleged cause of death or means of injury; or f. Inordinate delay in seeking medical attention, evidence of administration of home remedies for relatively serious injuries, history of prior visits to different

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emergency rooms, frequent changes of physicians and prior diagnosis of “failure to thrive”, and at autopsy, the presence of old injuries or other internal injuries that were not detectable through external examination. 2. Social welfare personnel: They may provide considerable insight into situations of suspected child abuse as many abusive families have had prior contact with local support agencies. These agencies may provide supportive information on: a. Family background; b. Employment; c. Economic and domestic stability; & d. Previous contacts with child protective service agencies. 3. Schoolteachers: They also provide some insight into cases of suspected child abuse through records of the child’s attendance, grades, demeanor, socialization, motivation and perceived emotional stability. Several behavioral indicators suggestive of child abuse include: a. Recurrent injuries or complaints of parental physical mistreatment; b. Marked changes in the child’s behavior or level of achievement; c. Strong antagonism toward authority; d. Exaggerated reactions to being touched; e. Withdrawal from peers; f. Assaultive or confrontational behavior; g. Delinquent acts, running away from home or truancy; & h. Refusal to dress for physical education or dressing inappropriately.

Family Interview: Based on information generated in the background investigation, reasonable suspicion may exist to conduct an interview with the family and the child. The interview may comprise the following criteria: 1. If there is reasonable suspicion to believe that a parents, guardian, sibling, or someone exercising control over the child is a perpetrator, the interviews should be conducted at the agency when every practical. 2. When practical, prior contact should be made with the prosecutor’s office. 3. Child protective service personnel should participate with the investigator in the interview. 4. The interview should be conducted in a non-accusatory, informal, fact-finding manner, and questions should be presented in an open-ended format to allow parents or others complete latitude in responding. 5. In determining whether to accept a parent’s explanation, officers should consider the following questions: a. Is it reasonable to believe that the child’s injuries were self-inflicted or accidental given the child’s maturity, manual dexterity, and ability to walk or stand? b. Was the parent’s story consistent with other evidence? c. Do parents claim ignorance of critical details of the incident? d. Does the home appear to be clean and well maintained?

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e. Does the family live a socially isolated environment without the support of neighbors, friends, or family? f. Do the parents appear to support one another in a positive home environment? g. Does there appear to be frequent or ongoing crises in the family? 6. Some parents or guardians may explain or excuse the incident as a legitimate attempt to discipline the child. Parents have the right and the responsibility to discipline their children, and may choose to use reasonable corporal punishment such as spanking, or paddling. However, in order to be reasonable and acceptable, the discipline should be: 7. Appropriate to the misbehavior involved, though never involves serious injury; 8. Consistent with the child’s ability to understand its relevance to acts in question; & 9. Administered with prudence and caution rather than recklessly, brutally, or without sufficient regard for the child’s power of endurance.

Interviewing Children: Officers or other trained forensic interviewers conducting interviews with children in suspected child abuse cases should be familiar with and follow these guidelines: 1. Interview the child separately from parents, whenever practical. 2. Avoid repeated interviews with the child, whenever practical. 3. Have joint interviews with child protective worker or prosecutor present to minimize the trauma of these sessions. 4. Avoid questions that can be answered with a yes or no response, and use open- ended questions. 5. Does not use anatomically correct dolls, unless the officers or social worker have received extensive training in the use of these dolls. Anatomically correct dolls may in and of themselves be suggestive and shocking to the child. 6. Conduct the interview with the child sitting in a casual and non-threatening manner rather than across a table. 7. Do not lead the child, or suggest answers, probe, or pressure the child. 8. Do not express concern, shock, or disbelief in response to answers. 9. Reassure the child that he/she is not to blame and is not in trouble for what happened or for being asked questions. 10. Video record the interview and retain the video for evidence. Simple audiotapes or simple written notes alone are acceptable in the absence of video. 11. Always have an officer of the same sex present or conducting the interview.

Physical Evidence: Collecting physical evidence to document abuse is very important for prosecuting these cases. In this regard, officers should be aware of the following: 1. Color photographs of injuries should be taken and preserved for evidentiary purposes. They may be taken by medical personnel or by a same-sex officer of this agency. All injuries should be described in writing and diagrammed.

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2. X-rays should be taken if appropriate and any that have been taken should be collected and preserved. 3. Photographs of home conditions bearing on the child’s maltreatment should be taken. 4. Any instruments that were used in the physical attack should be identified and preserved as well as any clothing that shows evidence such as blood or semen stains.

Any other items that have bearing on the abuse or neglect, such as guns, knives, drugs, poisons or related items in possession of the suspected perpetrator, should be identified and collected.

All incidents surrounding any alleged child abuse or neglect require written, detailed, reports.

Page 6 of 6 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Criminal Investigator Support to Policy Number: 8.04 Prosecution Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Criminal investigators and management of Olmos Park Police Department work to maintain a productive working relationship with prosecutors in our jurisdiction, by supporting the judicial process with accurate, evenhanded, and timely investigations. We are mindful that our role is to clear the innocent, as much as it is to identify and help prosecute the accused.

DEFINITIONS:

 Exculpatory Evidence – Evidence or data, which potentially clears or tends to clear a criminal defendant of guilt. Per Brady v. Maryland and subsequent court decisions, prosecutors have a duty to disclose exculpatory evidence even if not requested. Though it is true that the prosecution is not required to search for exculpatory evidence and must only disclose evidence it has in its possession, custody or control, the prosecution's duty to disclose includes all information known to any member of its team, i.e., law enforcement officers, investigators, crime labs, experts, etc.

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PROCEDURES:

Criminal Investigator & Prosecuting Attorney Relationship: Prosecuting attorney’s consider charges brought by law enforcement and prosecute misdemeanor and felony criminal cases, within their jurisdiction. Officers and investigators presenting charges to prosecutors cooperate and support prosecutions to completion, once charge are accepted.

Prosecutors usually manage a large caseload. In order to efficiently support the prosecutor’s objectives, our personnel: 1. Coordinate appointments in advance; 2. Have a subject and outline for discussion planned in advance; 3. Be on time; 4. Present facts clearly, detailing the actual evidence and statements to support your contentions; 5. Clearly identify facts from your opinions; 6. Outline the strengths and weaknesses of the case; 7. Reveal all collected evidence, statements, and lab results, whether favorable to the prosecution or not; & 8. Disclose any Brady List issues.

During investigations, planning sessions, or pretrial stages, questions of law or criminal procedure are addressed to the prosecuting attorney. Questions on law enforcement procedure are addressed to the Police Chief or designee.

Production of Evidence & Data: In every contested case, the criminal investigator makes an appointment with the prosecuting attorney to discuss the case in detail prior to trial. Investigators understand that prosecutors are duty bound to product all inculpatory and exculpatory evidence to defendant legal counsel in a timely manner before trial. Often this occurs after the defendant has entered a plea of guilty or not guilty. As determined by the US Supreme

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Court, this requirement is binding on prosecutors and law enforcement officers alike, despite the fact that communications with defense counsel is through the prosecutor’s office.

Investigators of Olmos Park Police Department never holdback or fail to produce actual or potential evidence to the prosecutors. Our rule of thumb when meeting with prosecutors is … take everything in the investigative file to the prosecutors and let them decide what and when to release data to the defense.

Brady List: The Police Chief maintains a Brady List and notifies the prosecutor when officers involved in an investigation are named on the list and the nature of the conflict or potential harm a particular officer’s involvement or testimony may have on the prosecution. Notification to the prosecutor is completed as early in the case development process as practical. The prosecutor decides:  Impact such officer involvement or testimony may have on the case;  Any alternative means of presenting evidence;  What and when to disclose to defense counsel; &  Disposition of charges.

Case Dismissal: The decision to prosecute any case is at the sole discretion of the prosecutor. Any criminal case referred to the prosecuting attorney which result either in a decision of declined to prosecute or dismissed due to law enforcement mishandling should be reported by the prosecuting attorney or staff to the Police Chief for careful review and corrective action, when appropriate.

Reporting Investigative or Prosecutorial Abuse: Officers do not sanction, participate, or acquiesce in the covering-over, or not producing exculpatory evidence, and understand that civil and criminal penalties of obstruction of justice may attach to them personally if they do so. In the event an officer perceives that exculpatory evidence is not being disclosed to defense counsel, a confidential report is immediately made to their immediate supervisor and copied to the Police Chief.

Page 3 of 3 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Eyewitness Validation & Lineups Policy Number: 8.05

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Eyewitness identifications are a significant component of many criminal investigations and Olmos Park Police Department exercises due diligence in the administration of lineups and showings of suspects to produce accurate results, while maintaining constitutional safeguards for those involved.

DEFINITIONS:

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

 Assigned Investigator - Primary officer responsible for investigating an alleged crime.

 Blind Administrator - An administrator who does not know the identity of the suspect or suspect's position in a lineup.

 Blind Manner - Presentation of a photographic lineup by either a blind administrator or a blinded administrator.

 Blinded Administrator - Administrator who may know the identity of the suspect, but does not know the suspect's position in the photographic lineup.

 Field Identification - Presentation of a suspect to a witness following the commission of a crime for the purpose of identifying or eliminating a possible suspect.

 Fillers - Photographs used in a photographic lineup whose race, sex, age, height, weight, hair, and general appearance approximate the suspect.

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 Illiterate Person - Individual who speaks and understands English but cannot read or write English.

 Live Lineup - Presentation of individuals, including a suspect, in person to a witness, for the purpose of identifying and/or eliminating suspects.

 Sequential Viewing - Identification procedure in which photographs are shown one at a time to a witness.

 Simultaneous Viewing - An identification procedure in which all photographs are shown at the same time to a witness.

 Suspect - Person suspected of a specific crime, also a person apprehended for but not charged with a specific offense.

 Witness - One who gives or may be capable of giving evidence regarding matters of fact under investigation.

DISCUSSION:

Use of a photographic arrays or lineups are generally preferred to live lineups and field identification methods for verification of eyewitness accounts. The use of any lineup or identification method is employed as an adjunct or supplement to other investigative

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techniques and is never the sole source of establishing probable cause to establish criminal charges.

Live lineups are often of limited use due to the difficulty of obtaining sufficient numbers of individuals with similar physical characteristics, time, and other factors. Officers perceiving that a live lineup is in the best interest of justice, secure Second in Command approval and coordinates the live lineup procedures with the prosecutor.

Use of field Identifications are generally limited in preference to a photo lineup, or live lineup. Arranging field identifications may be applicable in exigent circumstances wherein a person may be quickly eliminated as a suspect, thereby avoiding the detention of an innocent person. In such instances, before conducting a street or field identification, officers secure approval of the Shift Supervisor before proceeding.

PROCEDURES:

Preparing Photographic Lineups 1. Investigating Officer is responsible for: a. Preparing the photographic lineup, including i. Selecting fillers, & ii. Ensuring each of the photographs are numbered or lettered for reference. b. Predetermining if the witness is deaf, illiterate, has limited English proficiency, or other communication challenges. If the witness is deaf, illiterate, is non-English speaking, has limited English proficiency, or other challenges the investigator arranges for assistance to translate the Lineup Viewing Form and process before proceeding. The identification and assistance provided is documented. c. Obtaining an agency employee who is familiar with this policy and understands the lineup presentation process to act as a blind administrator. d. Setting up and activating video and/or audio equipment to record the photo lineup process. e. Preserving the photo lineup, whether an identification is made or not, together with information about the identification process. This is accomplished by placing the photos in their original condition, the Lineup Viewing Form and audio and/or video recording of the administration process into evidence after the procedure. f. Preparing the photographic lineup, the investigating officer: i. Includes only one suspect in each identification procedure. ii. Selects fillers that generally fit the witness' description of the perpetrator. iii. Such fillers are selected where no person meaningfully stands out from the others.

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iv. Uses photographs of individuals who are reasonably similar in age, height, weight and general appearance and of the same sex and race. Avoids use of fillers that so closely resemble the suspect that a person familiar with the suspect might find it difficult to distinguish the suspect from the fillers. v. If multiple photos of the suspect are reasonably available to the investigator, selects a photo that resembles the suspect's description or appearance at the time of the incident. vi. Includes a minimum of five fillers per identification procedure. vii. Avoids reusing fillers in lineups shown to the same witness if showing a new suspect. viii. Ensures that no writings or information concerning previous arrest(s) is visible to the witness. Does not mix color and black and white photos. ix. Uses photos of the same size and basic composition. For example, mug shots are not mixed with other photos. If mug shots are used, cover portions that provide identifying information about the subject and fillers. x. Individuals in the photographic lineup and/or the origin of the photos is predetermined by the investigator, when practical. xi. Photos are reasonably contemporary. xii. Does not use more than one photo of the same suspect. xiii. If there is more than one suspect, include only one suspect in each lineup presentation. xiv. Once completed, review the photo array to ensure that the suspect does not unreasonably stand out. 2. Administrator, who may also be the investigating officer is responsible for: a. Being familiar with the lineup presentation process, and ensuring the photographic lineup is presented in a consistent manner. b. Documenting the conduct and results of the lineup. c. Returning lineup materials and documentations to the investigations case file.

Presenting Photographic Lineups 1. Photographic lineups are presented to witnesses in a blind manner using a sequential presentation of photographs. 2. Investigating officer preparing the lineup ensures the assisting officer is aware of the procedures prior to presenting a lineup to a witness. 3. If another employee is not available within a reasonable period of time the investigating officer may present the lineup to a witness using the folder method, and the entire process if video and audio recorded. In this process, the witness is shown only one folder at a time. The Lineup Viewing Form is changed to indicate the procedure used. The investigating officer also documents the reasons for not being able to use a blind administrator.

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4. Personnel present during the presentation do not make any suggestive statements, or take any other actions that may influence the judgment or perception of the witness. 5. Prior to beginning the presentation, determines if the witness has seen the suspect at any time since the crime occurred, whether in person, news media or through social media, etc. If so, contacts the investigating officer to determine if the identification process should continue. This is documented in a supplement report. 6. Provides the witness with a Lineup Viewing Form and explains the process. Reads the instructions and admonitions verbatim from the form, obtains the witness' signature indicating they understand the procedure, and signs the form as Administrator. 7. Shows the witness the photographs in random order, one at a time, sequentially, and documents the display order. Removes each photograph from the witness prior to providing a new one. Allows the witness to see only one photograph at a time. 8. If the witness identifies a suspect, record the number or other identification of the photograph and ask the witness for a statement of how confident they are about their identification. Shows the remaining photographs even if a suspect is identified. 9. Completes the Statement of Witness portion of the form, including documenting the witness' confidence statement in their own words, regarding how certain they are of any identification. 10. Has the witness complete and sign the appropriate portion of the form. 11. Returns files, photographs and forms to the investigative case file and completes an offense supplement. 12. Does not provide any feedback of any kind to the witness during the procedure including whether or not they selected the suspect.

Documentation of Photographic Lineups Photographic lineups are documented in the method reasonably available to the administrator at the time of presentation. Acceptable methods of documentation include: 1. Video and Audio Recording; 2. Audio Recording only; & 3. Written documentation of the lineup presentation process.

At a minimum, the administrator documents in an offense supplement report the details of the lineup presentation process and results and presents the supplement and all of the documents used in the lineup to the investigating officer.

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Field Identification Procedures When circumstances indicate the use of field identification, the following guidelines are followed: 1. Procedures for Field Identifications a. Approval should be obtained from the Shift Supervisor or designee prior to a field identification. The requesting officer is responsible for verifying the witness is able to understand the instructions given by officers. If the witness is deaf, illiterate, or has limited English proficiency, the officer provides an interpreter, other assistance, or not does not continue with the field identification. b. Single suspect field identifications are not used if there is adequate probable cause to arrest the suspect. c. A complete description of the suspect is obtained from the witness prior to conducting a field identification. If the witness indicates they are unsure if they can identify the individual, a field identification is not conducted. d. When practical, the witness is transported to the location of the suspect rather than bringing the suspect to the witness. e. Field identifications are normally not attempted more than two-hours after the commission of a crime. f. Field identifications are not conducted when the suspect is in a patrol car, handcuffed, or physically restrained by police officers, unless such protective measures are necessary to ensure safety. g. Field identifications are only conducted with one witness present at a time. If the field identification is conducted for more than one witness, it should be done separately. If one witness positively identifies the individual, consider making an arrest and using the above photographic lineup procedures for other witnesses at a later time. h. Same suspect is not presented to the same witness more than once in either field or photographic lineups. i. Field identification suspects are not required to put on clothing alleged to have been worn by the perpetrator, to speak words uttered by the perpetrator or to perform other actions of the perpetrator. j. Officers do not say words or present gestures in ways that suggests who may be the alleged perpetrator. 2. Documentation of Field Identifications a. Investigating officers conducting a field identification, use the Field Identification Form to inform the witness of the procedure and obtain evidence of their understanding of the procedure. b. Investigating officer’s video and audio record witness viewings and document the witness' comments regarding suspect about the suspect on the Field Identification Form. The video and audio equipment use can be a patrol vehicle or portable system. The Investigating officer includes the form, and a copy of the video and audio recording in the original incident report.

Page 6 of 6 Olmos Park Police Department Lineup Viewing Form

Case Number: ______

Read the following to the witness: You will be advised of the procedures for viewing a live or photographic lineup. The fact that these photographs or persons are being shown to you should not cause you to believe or guess that the guilty person(s) has been identified or arrested. The person who committed the crime may or may not be in this lineup. I personally, do not know the identity of the perpetrator. Regardless of whether you make an identification, our agency will continue to investigate this incident.

You will be shown a number of photographs or persons. All of the photographs or persons are shown even if an identification is made. Whenever you recognize anyone, please tell me which photograph you recognize and how you recognize the individual. I am required to ask you to state in your own words, how certain you are of any identification.

I, understand the above information. On the day of , 20 , at o'clock (__.m), I viewed a Live / Photo (circle one) lineup.

This lineup was shown to me at and it contained persons.

I did identify the person with the number . Identification comments / Level of certainty:

I was unable to positively identify any of the persons in the lineup.

Viewer's Signature: Address: Date: Time: __.m. Home phone: Work phone: Officer presenting lineup: Officer (any other officer present):

Other persons in attendance during lineup.

Name and Address: Name and Address: ______

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Olmos Park Police Department Field Identification Form

Case Number: ______

Read the following to the witness: 1. You will be advised of the procedures for viewing the field identification. 2. The fact that an individual is being shown to you, should not cause you to believe or guess that the guilty person(s) has been identified or arrested. 3. This may or may not be the person who committed the crime. 4. You are in no way obligated to identify anyone. It is as important to clear the innocent, as it is to identify the guilty. 5. Regardless of whether you make an identification, the police will continue to investigate this incident. 6. If you recognize anyone, please tell me how you recognize the individual. We are required to ask you to state in your own words, how certain you are of any identification.

I, ______understand the above information.

I understand the need to describe my level of certainty regarding identification and after viewing the person(s) shown have identified them as ______

Officer's printed name: ______Officer's signature: ______

Other persons in attendance during field identification.

Name and Address: ______Name and Address: ______

Page 1 of 1

Olmos Park Police Department Law Enforcement Policies and procedures

Subject: Identity Crimes Policy Number: 8.06

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department assists identity crime victims and supports efforts to bring criminals to justice.

DISCUSSION:

Identity crime is the fastest growing and most serious economic crime worldwide. Identity crime can take a severe emotional toll on victims and in some cases the financial effects of the crime lasts for years after the initial event. Identity crime presents unique challenges to both law enforcement and victims.

In addition to our crime reporting and investigation function, investigators provide victims with information to help restore their pre-crime status and works within the community to increase awareness and prevention of identity crimes.

DEFINITONS:

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

 Identity Theft Report - A police report that contains specific details of an identity crime is considered an identity theft report.1

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

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

Page 1 of 3 Law Enforcement Policies and Procedures, 8.06 Identity Crimes

enforcement agencies to provide police reports to victims of identity theft. Under FACT, consumers can obtain free credit reports once a year from each of the three main private credit-reporting agencies.

PROCEDURE:

Reporting: An identity crime report enables an identity crime victim to certain protections under federal and state law that aids the victim eliminate fraudulent debt and restore their credit to pre-crime status.

Identity crime reports are generally completed by the responding officer to include: 1. Verification of the victim’s identity such as: a. Date of birth; b. Social security number; c. Driver’s license or state identification number; d. Other governmental photo identification, when available; e. Current and prior addresses; f. Telephone contact numbers; & g. Email addresses. 2. How the identity crime was committed; 3. Type(s) of personal identifying information taken or used; 4. Whether the victim authorized anyone to use his/her name or personal information; 5. Information of possible suspect(s); 6. Reports filed with other law enforcement agencies; 7. Documentation to support his/her complaint and to facilitate the investigation; & 8. If victim plans to assist in a prosecution.

Officers provide the victim with a copy of the completed case number and explain how they can secure a copy of the report.

Victim Assistance: Officers taking identity crime reports take reasonable steps to provide victims with pertinent information to assist them in resolving the effects of identity crimes that may include: 1. Report the identity to their financial institution, credit card companies, credit reporting bureaus, etc. if they have not already done so. 2. Brief description of next steps in the investigation; 3. Point of contact information; 4. Contacts for additional information, a detailed statement, etc. 5. Provide resources for assistance: 6. State and Federal agency resources; 7. Private resources; &

Page 2 of 3 Law Enforcement Policies and Procedures, 8.06 Identity Crimes

8. Provide victim access information to the Federal Trade Commission [FTC] Identity Theft Victim’s Complaint and Affidavit, which is found at http://www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf or provide a printed copy.

Investigation: As part of the initial follow-up, investigators assigned to identity crime cases preform due diligence to ensure the victim’s complaint is valid.

If the report appears to have national security implications, all pertinent data is forwarded by Police Chief or designee to the nearest intelligence center, i.e., Fusion Centers, JTTF, etc. and federal agencies.

Additional Resources:  http://www.ftc.gov/bcp/edu/microsites/idtheft/  http://www.ftc.gov/bcp/edu/pubs/consumer/idtheft/idt04.shtm

Attachments: Attachments to this policy can assist the victim in timely filing of their complaint to federal regulatory and investigative authorities:  Instructions for completing FTC Identity Theft Victim’s Complaint and Affidavit  FTC Identity Theft Victim’s Complaint and Affidavit  IRS Identity Theft Affidavit

Page 3 of 3 Instructions for Completing the ID Theft Affidavit

To make certain that you do not become friends who may have information about the responsible for the debts incurred by the identity account(s) or access to them. thief, you must provide proof that you didn’t Complete this affidavit as soon as pos- create the debt to each of the companies where sible. Many creditors ask that you send it within accounts were opened or used in your name. two weeks of receiving it. Delaying could slow the A working group composed of credit grant- investigation. ors, consumer advocates and the Federal Trade Be as accurate and complete as possible. Commission (FTC) developed this ID Theft You may choose not to provide some of the Affidavit to help you report information to many information requested. However, incorrect or companies using just one standard form. Use of incomplete information will slow the process of this affidavit is optional. While many companies investigating your claim and absolving the debt. accept this affidavit, others require that you Please print clearly. submit more or different forms. Before you send When you have finished completing the the affidavit, contact each company to find out if affidavit, mail a copy to each creditor, bank or they accept it. company that provided the thief with the unautho- You can use this affidavit where a new ac- rized credit, goods or services you describe. count was opened in your name. The information Attach to each affidavit a copy of the Fraudulent will enable the companies to investigate the fraud Account Statement with information only on and decide the outcome of your claim. (If some- accounts opened at the institution receiving the one made unauthorized charges to an existing packet, as well as any other supporting documen- account, call the company to find out what to tation you are able to provide. do.) Send the appropriate documents to each This affidavit has two parts: company by certified mail, return receipt requested, so you can prove that it was received. • ID Theft Affidavit is where you report general The companies will review your claim and send information about yourself and the theft. you a written response telling you the outcome of their investigation. Keep a copy of everything • Fraudulent Account Statement is where you submit for your records. you describe the fraudulent account(s) opened If you cannot complete the affidavit, a legal in your name. Use a separate Fraudulent Ac- guardian or someone with power of attorney may count Statement for each company you need to complete it for you. Except as noted, the informa- write to. tion you provide will be used only by the company to process your affidavit, investigate the events When you send the affidavit to the compa- you report and help stop further fraud. If this nies, attach copies (NOT originals) of any support- affidavit is requested in a lawsuit, the company ing documents (e.g., drivers license, police report) might have to provide it to the requesting party. you have. Completing this affidavit does not guarantee Before submitting your affidavit, review the that the identity thief will be prosecuted or that disputed account(s) with family members or the debt will be cleared. If you haven’t already done so, report the whether they require notarization or a copy fraud to the following organizations: of the police report.

1. Each of the three national consumer 3. Your local police department. Ask the reporting agencies. Ask each agency to officer to take a report and give you the place a “fraud alert” on your credit report, report number or a copy of the report. and send you a copy of your credit file. When you have completed the affidavit When you have completed your affidavit packet, you may want to give your police packet, you may want to send them a copy to department a copy to help them add to their help them investigate the disputed accounts. report and verify the crime.

■ Equifax Credit Information Services, Inc. 4. The FTC, which maintains the Identity Theft (800) 525-6285 (Hearing impaired call Data Clearinghouse – the federal 1-800-255-0056 and ask the operator to call the government’s centralized identity theft Auto Disclosure Line at 1-800-685-1111 to obtain complaint database – and provides informa- a copy of your report.) tion to identity theft victims. You can call P.O. Box 740241, Atlanta, GA 30374-0241 toll-free 1-877-ID-THEFT (1-877-438- www.equifax.com 4338), visit www.consumer.gov/idtheft, ■ Experian Information Solutions, Inc. or send mail to: (888) 397-3742/ TDD (800) 972-0322 P.O. Box 9530, Allen, TX 75013 Identity Theft Data Clearinghouse www.experian.com Federal Trade Commission 600 Pennsylvania Avenue, NW ■ TransUnion Washington, DC 20580 (800) 680-7289/ TDD (877) 553-7803 Fraud Victim Assistance Division The FTC collects complaints from identity P.O. Box 6790, Fullerton, CA 92634-6790 theft victims and shares their information www.tuc.com with law enforcement nationwide. This information also may be shared with other 2. The fraud department at each creditor, government agencies, consumer reporting bank, or utility/service that provided the agencies, and companies where the fraud identity thief with unauthorized credit, goods was perpetrated to help resolve identity or services. This would be a good time to find theft related problems. out if the company accepts this affidavit, and Name ______Phone number ______Page 1

ID Theft Affidavit

Victim Information

(1) My full legal name is ______(First) (Middle) (Last) (Jr., Sr., III)

(2) (If different from above) When the events described in this affidavit took place, I was known as

______(First) (Middle) (Last) (Jr., Sr., III)

(3) My date of birth is ______(day/month/year)

(4) My social security number is______

(5) My driver’s license or identification card state and number are______

(6) My current address is ______

City ______State ______Zip Code ______

(7) I have lived at this address since ______(month/year)

(8) (If different from above) When the events described in this affidavit took place, my address

was______

City ______State ______Zip Code ______

(9) I lived at the address in #8 from ______until ______(month/year) (month/year)

(10) My daytime telephone number is (____)______

My evening telephone number is (____)______Name ______Phone number ______Page 2

How the Fraud Occurred

Check all that apply for items 11 - 17:

(11) ❑I did not authorize anyone to use my name or personal information to seek the money, credit, loans, goods or services described in this report.

(12) ❑I did not receive any benefit, money, goods or services as a result of the events described in this report.

(13) ❑My identification documents (for example, credit cards; birth certificate; driver’s license; social security card; etc.) were ❑ stolen ❑ loston or about ______. (day/month/year) (14) ❑To the best of my knowledge and belief, the following person(s) used my information (for example, my name, address, date of birth, existing account numbers, social security number, mother’s maiden name, etc.) or identification documents to get money, credit, loans, goods or services without my knowledge or authorization:

______Name (if known) Name (if known) ______Address (if known) Address (if known) ______Phone number(s) (if known) Phone number(s) (if known) ______additional information (if known) additional information (if known) ______

______

(15) ❑ I do NOT know who used my information or identification documents to get money, credit, loans, goods or services without my knowledge or authorization.

(16) ❑Additional comments: (For example, description of the fraud, which documents or information were used or how the identity thief gained access to your information.)

______

______(Attach additional pages as necessary.) Name ______Phone number ______Page 3

Victim’s Law Enforcement Actions

(17)(check one) I ❑ am ❑ am not willing to assist in the prosecution of the person(s) who committed this fraud.

(18)(check one) I ❑ am ❑ am not authorizing the release of this information to law enforcement for the purpose of assisting them in the investigation and prosecution of the person(s) who committed this fraud.

(19)(check all that apply) I ❑ have ❑ have not reported the events described in this affidavit to the police or other law enforcement agency. The police ❑ did ❑ did not write a report. In the event you have contacted the police or other law enforcement agency, please complete the following:

______(Agency #1) (Officer/Agency personnel taking report) ______(Date of report) (Report Number, if any) ______(Phone number) (e-mail address, if any)

______(Agency #2) (Officer/Agency personnel taking report) ______(Date of report) (Report Number, if any) ______(Phone number) (e-mail address, if any)

Documentation Checklist

Please indicate the supporting documentation you are able to provide to the companies you plan to notify. Attach copies (NOT originals) to the affidavit before sending it to the companies.

(20)❑A copy of a valid government-issued photo-identification card (for example, your driver’s license, state-issued ID card or your passport). If you are under 16 and don’t have a photo-ID, you may submit a copy of your birth certificate or a copy of your official school records showing your enrollment and place of residence.

(21)❑ Proof of residency during the time the disputed bill occurred, the loan was made or the other event took place (for example, a rental/lease agreement in your name, a copy of a utility bill or a copy of an insurance bill). Name ______Phone number ______Page 4

(22)❑A copy of the report you filed with the police or sheriff’s department. If you are unable to obtain a report or report number from the police, please indicate that in Item 19. Some companies only need the report number, not a copy of the report. You may want to check with each company.

Signature

I declare under penalty of perjury that the information I have provided in this affidavit is true and correct to the best of my knowledge.

______(signature) (date signed)

Knowingly submitting false information on this form could subject you to criminal prosecution for perjury.

______(Notary)

[Check with each company. Creditors sometimes require notarization. If they do not, please have one witness (non-relative) sign below that you completed and signed this affidavit.]

Witness:

______(signature) (printed name)

______(date) (telephone number) Name ______Phone number ______Page 5

Fraudulent Account Statement

Completing this Statement • Make as many copies of this page as you need. Complete a separate page for each company you’re notifying and only send it to that company. Include a copy of your signed affidavit. • List only the account(s) you’re disputing with the company receiving this form. See the example below. • If a collection agency sent you a statement, letter or notice about the fraudulent account, attach a copy of that document (NOT the original).

I declare (check all that apply):

❑ As a result of the event(s) described in the ID Theft Affidavit, the following account(s) was/were opened at your company in my name without my knowledge, permission or authorization using my personal information or identifying documents:

Creditor Name/Address Account Type of unauthorized Date Amount/Value (the company that opened the Number credit/goods/services issued or provided account or provided the goods or provided by creditor opened (if (the amount services) (if known) known) charged or the cost of the goods/services) Example 01234567-89 auto loan 01/05/2000 $25,500.00 Example National Bank 22 Main Street Columbus, Ohio 22722

❑ During the time of the accounts described above, I had the following account open with your company:

Billing name ______

Billing address ______

Account number ______1-877-IDTHEFT (1.877.438.4338) www.consumer.gov/idtheft Average time to complete: 10 minutes Identity Theft Victim’s Complaint and Affidavit A voluntary form for filing a report with law enforcement, and disputes with credit reporting agencies and creditors about identity theft-related problems. Visit ftc.gov/idtheft to use a secure online version that you can print for your records.

Before completing this form: 1. Place a fraud alert on your credit reports, and review the reports for signs of fraud. 2. Close the accounts that you know, or believe, have been tampered with or opened fraudulently.

About You (the victim) Now Leave (3) (1) My full legal name: ______blank until First Middle Last Suffix you provide (2) My date of birth: ______this form to mm/dd/yyyy someone with a legitimate (3) My Social Security number: ______-______-______business need, like when you (4) My driver’s license: ______are filing your State Number report at the police station (5) My current street address: or sending ______the form Number & Street Name Apartment, Suite, etc. to a credit reporting ______agency to City State Zip Code Country correct your credit report. (6) I have lived at this address since ______mm/yyyy (7) My daytime phone: (____)______My evening phone: (____)______My email: ______

At the Time of the Fraud Skip (8) - (10) (8) My full legal name was: ______if your First Middle Last Suffix information has not (9) My address was: ______changed since Number & Street Name Apartment, Suite, etc. the fraud. ______City State Zip Code Country

(10) My daytime phone: (____)______My evening phone: (____)______My email: ______

The Paperwork Reduction Act requires the FTC to display a valid control number (in this case, OMB control #3084-0047) before we can collect – or sponsor the collection of – your information, or require you to provide it. Victim’s Name ______Phone number (____)______Page 2

About You (the victim) (Continued) Declarations

(11) I did OR did not authorize anyone to use my name or personal information to obtain money, credit, loans, goods, or services — or for any other purpose — as described in this report. (12) I did OR did not receive any money, goods, services, or other benefit as a result of the events described in this report.

(13) I am OR am not willing to work with law enforcement if charges are brought against the person(s) who committed the fraud.

About the Fraud (14): (14) I believe the following person used my information or identification Enter what documents to open new accounts, use my existing accounts, or commit other you know fraud. about anyone you believe Name: ______was involved (even if you First Middle Last Suffix don’t have complete Address: ______information). Number & Street Name Apartment, Suite, etc.

______City State Zip Code Country

Phone Numbers: (____)______(____)______

Additional information about this person: ______Victim’s Name ______Phone number (____)______Page 3

(15) Additional information about the crime (for example, how the identity thief (14) and (15): gained access to your information or which documents or information were Attach used): additional ______sheets as needed. ______

Documentation (16): Reminder: (16) I can verify my identity with these documents: Attach copies

of your identity A valid government-issued photo identification card (for example, my driver’s documents license, state-issued ID card, or my passport). when sending If you are under 16 and don’t have a photo-ID, a copy of your birth certificate or this form to a copy of your official school record showing your enrollment and legal address is creditors acceptable. and credit reporting Proof of residency during the time the disputed charges occurred, the loan agencies. was made, or the other event took place (for example, a copy of a rental/lease agreement in my name, a utility bill, or an insurance bill).

About the Information or Accounts (17) The following personal information (like my name, address, Social Security number, or date of birth) in my credit report is inaccurate as a result of this identity theft: (A) ______(B) ______(C) ______

(18) Credit inquiries from these companies appear on my credit report as a result of this identity theft: Company Name: ______Company Name: ______Company Name: ______Victim’s Name ______Phone number (____)______Page 4

(19) Below are details about the different frauds committed using my personal information.

(19): ______If there were Name of Institution Contact Person Phone Extension more than three ______frauds, copy this Account Number Routing Number Affected Check Number(s) page blank, and attach as many Account Type: Credit Bank Phone/Utilities Loan additional copies as necessary. Government Benefits Internet or Email Other Enter any Select ONE: applicable This account was opened fraudulently. information that This was an existing account that someone tampered with. you have, even if it is incomplete ______or an estimate. Date Opened or Misused (mm/yyyy) Date Discovered (mm/yyyy) Total Amount Obtained ($) If the thief committed two ______types of fraud at one company, Name of Institution Contact Person Phone Extension list the company ______twice, giving Account Number Routing Number Affected Check Number(s) the information about the two Account Type: Credit Bank Phone/Utilities Loan frauds separately. Government Benefits Internet or Email Other Contact Person: Someone you Select ONE: dealt with, whom This account was opened fraudulently. an investigator This was an existing account that someone tampered with. can call about this ______fraud. Date Opened or Misused (mm/yyyy) Date Discovered (mm/yyyy) Total Amount Obtained ($) Account Number: The number of the credit or ______debit card, bank Name of Institution Contact Person Phone Extension account, loan, or ______other account Account Number Routing Number Affected Check Number(s) that was misused. Dates: Indicate Account Type: Credit Bank Phone/Utilities Loan when the thief Government Benefits Internet or Email Other began to misuse your information Select ONE: and when you This account was opened fraudulently. discovered the This was an existing account that someone tampered with. problem. ______Amount Obtained: Date Opened or Misused (mm/yyyy) Date Discovered (mm/yyyy) Total Amount Obtained ($) For instance, the total amount purchased with the card or withdrawn from the account. Victim’s Name ______Phone number (____)______Page 5

Your Law Enforcement Report (20): (20) One way to get a credit reporting agency to quickly block identity theft- Check “I have related information from appearing on your credit report is to submit a not...” if you have detailed law enforcement report (“Identity Theft Report”). You can obtain not yet filed a an Identity Theft Report by taking this form to your local law enforcement report with law office, along with your supporting documentation. Ask an officer to witness enforcement or you have chosen your signature and complete the rest of the information in this section. It’s not to. Check “I important to get your report number, whether or not you are able to file in was unable...” if person or get a copy of the official law enforcement report. Attach a copy of you tried to file any confirmation letter or official law enforcement report you receive when a report but law sending this form to credit reporting agencies. enforcement refused to take it. Select ONE: Automated report: I have not filed a law enforcement report. A law I was unable to file any law enforcement report. enforcement I filed an automated report with the law enforcement agency listed report filed through an below. automated I filed my report in person with the law enforcement system, for officer and agency listed below. example, by telephone, mail, or the Internet, ______instead of a face-to-face Law Enforcement Department State interview with a law enforcement officer. ______Report Number Filing Date (mm/dd/yyyy)

______Officer’s Name (please print) Officer’s Signature

______(____)______Badge Number Phone Number

Did the victim receive a copy of the report from the law enforcement officer? Yes OR No

Victim’s FTC complaint number (if available): ______Victim’s Name ______Phone number (____)______Page 6

Signature As applicable, sign and date IN THE PRESENCE OF a law enforcement officer, a notary, or a witness. (21) I certify that, to the best of my knowledge and belief, all of the information on and attached to this complaint is true, correct, and complete and made in good faith. I understand that this complaint or the information it contains may be made available to federal, state, and/or local law enforcement agencies for such action within their jurisdiction as they deem appropriate. I understand that knowingly making any false or fraudulent statement or representation to the government may violate federal, state, or local criminal statutes, and may result in a fine, imprisonment, or both.

______Signature Date Signed (mm/dd/yyyy)

Your Affidavit (22) If you do not choose to file a report with law enforcement, you may use this form as an Identity Theft Affidavit to prove to each of the companies where the thief misused your information that you are not responsible for the fraud. While many companies accept this affidavit, others require that you submit different forms. Check with each company to see if it accepts this form. You should also check to see if it requires notarization. If so, sign in the presence of a notary. If it does not, please have one witness (non-relative) sign that you completed and signed this Affidavit.

______Notary

Witness:

______Signature Printed Name

______Date Telephone Number Form 14039 Department of the Treasury - Internal Revenue Service OMB Number Rev. March 2010 Identity Theft Affidavit 1545-2139 Please complete and submit this form if you are an actual or potential victim of identity theft and would like the IRS to mark your account to identify any questionable activity. Please check one of the following boxes I am a victim of identity theft and I believe this incident is affecting my tax records (Provide a short explanation of the tax impact)

I am a victim of identity theft and believe I may be at risk for future impact to my tax account I am a potential victim of identity theft and believe I may be at risk for future impact to my tax account. (You should check "potential victim" if you have not experienced identity theft but are at risk due to a lost/stolen purse or wallet, questionable credit card or credit report activity, etc.)

Tax year(s) impacted and/or date the incident occurred Last tax return filed (year) (Enter NRF if not required to file) (if applicable or known)

Taxpayer's last name First name Middle initial Provide the last 4 digits of your Social Security Number (SSN) or your complete Individual Taxpayer Identification Number (ITIN)

Taxpayer's current mailing address

City State ZIP code

Address on last tax return filed (Check here if you are not required to file a tax return)

City State ZIP code

Telephone number Home Work Cell Best time(s) to call

Primary language English Spanish Other - specify Under penalty of perjury, I declare that, to the best of my knowledge and belief, the information entered in this form is true, correct, complete, and made in good faith.

(Signature of taxpayer) (Date signed mm/dd/yyyy) Please submit this completed form and a photocopy of at least one of the following documents to verify your identity. (Check the box next to the document you are submitting) a) Passport

b) Driver's license

c) Social Security Card

d) Other valid U.S. Federal or State government issued identification**

** Please do not submit photocopies of federally issued identification where prohibited by 18 U.S.C. 701 (e.g., official badges designating federal employment).

Please submit the photocopies required above with this form using one of the options described on page 2 of this form.

For Privacy Act and Paperwork Reduction Act Notice, see page 2.

Form 14039 (Rev. 3-2010) www.irs.gov Catalog Number 52525A Please submit the photocopies required above with this form using one of the following options BY MAIL BY FAX If you received a notice from the IRS, return this If you received a notice in the mail from the IRS and a fax number is form with a copy of the notice to the address shown, fax this completed form with a copy of the notice to that number. contained in the notice. Please include a cover sheet marked "Confidential." If no fax number is shown, please follow the mailing instructions. If you have not received an IRS notice and are self-reporting as being at risk for future impact to NOTE: The IRS does not initiate contact with taxpayers by e-mail or fax. your tax account, please mail this form to: If you have not received an IRS notice and are self-reporting as being at risk Internal Revenue Service for future impact to your tax account, fax this form to: (978) 247-9965 P.O. Box 9039 Andover, MA 01810-0939 NOTE: This is not a toll-free number. Your telephone company or a third party USA service provider, if applicable, may charge to send faxes.

Other helpful identity theft information may be found on www.irs.gov (keyword "identity theft"). Additionally, locations and hours of operation for Taxpayer Assistance Centers can be found at http://www.irs.gov/localcontacts/index.html.

Note: The Federal Trade Commission (FTC) is the central federal government agency responsible for identity theft awareness. The IRS does not share taxpayer information with the FTC. Please refer to the FTC's website at http://www.ftc.gov (keyword "identity theft") for additional information, protection strategies, and resources.

Privacy Act and Paperwork Reduction Act Notice Our legal authority to request the information is 26 U.S.C. 6001.

The primary purpose of the form is to provide a method of reporting identity theft issues to the IRS so that the IRS may document situations where individuals are or may be victims of identity theft. Additional purposes include the use in the determination of proper tax liability and to relieve taxpayer burden. The information may be disclosed only as provided by 26 U.S.C. 6103.

Providing the information on this form is voluntary. However, if you do not provide the information it may be more difficult to assist you in resolving your identity theft issue. If you are a potential victim of identity theft and do not provide the required substantiation information, we may not be able to place a marker on your account to assist with future protection. If you are a victim of identity theft and do not provide the required information, it may be difficult for IRS to determine your correct tax liability. If you intentionally provide false information, you may be subject to criminal penalties.

You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103.

Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. You can write to the Internal Revenue Service, Tax Products Coordinating Committee, SE:W:CAR:MP:T:T:SP, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224. Do not send this form to this address. Instead, see the form for filing instructions.

Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act, unless that collection of information displays a currently valid OMB Control Number.

Form 14039 (Rev. 3-2010) Catalog Number 52525A www.irs.gov Department of the Treasury — Internal Revenue Service Olmos Park Police Department Law Enforcement Policies and procedures

Subject: Missing Persons Investigations Policy Number: 8.08

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department exercises diligent care in the conduct of missing person inquiries and investigations.

DISCUSSIONS:

The effectiveness of statewide or National Crime Information Center [NCIC] communication networks depend on accurate and prompt entry data from local agencies that use these resources. This is especially important in missing person’s cases. To ensure system effectiveness, it is also important to cancel entries when the missing person is located or assistance is no longer required.

Telecommunications operators making entries use their best efforts to place accurate and complete information into the system without unreasonable delays.

DEFINITIONS:

 AMBER Alert1 - Program is a voluntary partnership between law-enforcement agencies, broadcasters, transportation agencies, and the wireless industry, to activate an urgent bulletin in the most serious child-abduction cases. The goal of an AMBER Alert is to instantly galvanize the entire community to assist in the search for and the safe recovery of the child. Requirements for activation vary by state.

 SILVER Alert - Similar to the AMBER Alert; however, is used for seniors with Alzheimer's disease, dementia or other mental disabilities - in order to aid in their return. Requirements for activation vary by state.

1 http://www.amberalert.gov/

Page 1 of 4 Law Enforcement Policies and Procedures, 8.08 Missing Persons Investigations

PROCEDURES:

General Guidelines - Missing Persons: The following guidelines apply to missing person’s cases: 1. Officers receiving missing persons reports collect and evaluate information (pictures, descriptions, last seen data, and likely places to frequent, etc.), and investigate possible leads provided by the reporting person. 2. In situations involving missing juveniles, the investigating officer should take immediate action to confirm that the youth is missing (i.e. search of the residence, check schools, friend’s homes, local stores, parks, etc.). 3. An entry/deletion form is completed to establish that missing persons are entered into the statewide or National Crime Information Center systems and subsequently deleted once located.

Missing Persons – Receiving a Telephone Call: Officers receiving a missing person notification utilize the following procedures: 1. Interview the reporting person and evaluate the information received. a. If the information fits the following criteria [one or a combination of items may surface in the discretion of the officer] for a missing person, complete an initial missing persons report. The criteria is: i. Person has not followed an established routine; ii. Person has not been heard from or seen in the last 24 hours; iii. Person left a child unattended or themselves is a juvenile; iv. Person has been despondent, depressed, or under stress recently; v. Person is physical or mentally disabled or is has some form of dementia (senility, Alzheimer’s, etc); vi. Reporting person is reasonably justified to suspect foul play; & vii. Other similar issues. b. If the information does not fit the criteria for a missing person, offer referrals to the person reporting the incident. If in doubt, always make a report. 2. Investigations and reports should include detailed information concerning last known location, associates, habits, locations frequented, clothing descriptions, etc. Investigating officers should determine the circumstances leading up to the disappearance and obtain a recent photograph of the missing person, if available. 3. Submit the initial report and a completed statewide or National Crime Information Center entry/deletion form to the appropriate official for review. 4. After review and approval, the reviewing authority forwards the report and the entry/deletion form to a certified statewide or National Crime Information Center operator or the Communications Center. 5. Operator receiving these documents enters the information into the system. A copy of the entry printout is attached to the other documents submitted. 6. Operator making the entry submits all the stated documents to the proper investigative authority for further follow up investigation.

Page 2 of 4 Law Enforcement Policies and Procedures, 8.08 Missing Persons Investigations

Missing Person Entries: A missing person record may be entered into the statewide or NCIC for a person of any age for the following reasons: 1. Missing person is under proven physical/mental disability or dementia, thereby possibly subjecting self or others to personal and immediate danger. 2. Circumstances surrounding the missing person indicate a non-voluntary abduction or kidnapping. 3. Report regarding the missing person is declared un-emancipated. 4. Person is reported missing after a disaster.

Proper Documentation: When a person is declared missing, proper documentation verifying that fact is established. Examples of acceptable documentation are: 1. Missing persons report, prepared as a result of investigation by a law enforcement officer. 2. Written statement from a physician or other authoritative source, which verifies a missing person’s physical/mental disability. 3. Written statement from a parent, guardian, next of kin, or other authoritative source advising that the missing person is in danger or that their disappearance was not voluntary.

Missing Person Deletions: When a missing person is located or information received requiring a state or National Crime Information Center deletion, the following procedures are followed: 1. Officer locating the missing person or developing information that requires a deletion is responsible for completing the deletion process. 2. Reporting person or the family of the missing person is contacted and informed of the information obtained. 3. Officer locates the initial report and complete the state or National Crime Information Center deletion form attached to the report. If the initial report is unavailable, the officer prepares a separate deletion form. 4. Officer submits the deletion form to a certified state or National Crime information Center operator for deletion from the system. 5. Communications operator receiving notification that the missing person has been located, or that the investigating officer wants to clear or cancel the person, follows state or National Crime Information Center guidelines and clear the entry from the system. 6. Once the entry has been deleted, the operator attaches a deletion print out to the submitted documents to be returned to the officer assigned to the investigation. 7. The assigned investigative officer signs the deletion form after reviewing the case circumstances and submits the form to the appropriate supervisor who also signs the deletion form. The officer completes a supplemental report detailing the information received that led to the deletion.

Page 3 of 4 Law Enforcement Policies and Procedures, 8.08 Missing Persons Investigations

8. Once the missing person report is cleared, it is filed, along with all other documents, in accordance with Olmos Park Police Department policy on records.

Wilderness searches: When circumstances indicate that the missing person may be “lost,” or located in a remote area and is injured or disoriented, the primary investigator, with approval of the Police Chief, may initiate a search effort. The agency serves as the lead agency in the search, and asks from support from other law enforcement agencies, fire, EMS and perhaps volunteer agencies as needed, depending upon the size of the search area and difficulty of terrain.

The Police Chief or his/her designee serves as the incident commander (IC) and operations are coordinated under the Incident Command System. The Incident Commander (IC) should be capable of: 1. Establishing objectives; 2. Establishing priorities; 3. Developing search strategies, objectives, and tactics; 4. Delegating responsibilities; & 5. Communicating effectively.

The keys to successful wilderness searches are limiting the search area and then looking for clues to the subjects’ location. The Incident Commander (IC): 1. Considers intelligence from the initial investigation and attempt to determine the last known position of the search subject(s); 2. Assigns a number of patrols to monitor the outside perimeter of the search area. (Many search subjects have been located when they walk to a road or trail); 3. Assigns an investigator to check other locations where the subject(s) may be such as at home, at the home of acquaintances, bars, taverns, etc; 4. Protects any clues or evidence, including scent trails, at the Last Known Position (LKP) from disturbance or contamination; 5. Assigns a small number of experienced/skilled persons (hasty team) to search the immediate area surrounding the LKP to look for evidence that may indicate direction of travel; 6. Requests a trained canine with handler to attempt to track and locate the subject; 7. Requests air reconnaissance assistance from law enforcement or civil aviation authorities; 8. Assigns an officer or qualified civilian to remain with the family or friends of the missing subject in order to communicate search efforts and to continue gathering information that may be clues to the subject’s location; & 9. Does not allow a large number of individuals to conduct a “grid search” until other, more effective search techniques have been exhausted.

Page 4 of 4 MISSING PERSON INVESTIGATIONS FORM

Name: ______Date of Birth: ______Sex: ______Race: ______Hair color: ______Eye color: ______Build: ______Height: ______Weight: ______Complexion: ______

Clothing Description: ______

Vehicle Description: ______

Summary of Disappearance: ______

Date/Time of Report: ______Case#: ______

Reporting Officer Name & Badge #: ______

Signature of Reporting Officer: ______

Signature of Supervisor: ______

Date/Time entered into State/NCIC Database: ______By: ______Entry #: ______

Additional Information/Notes: ______

Page 1 of 2

STATE OR NATIONAL CRIME INFORMATION CENTER Missing Person Deletion Form

Deleted Name: ______

Deleted by: ______Date/Time of Deletion: ______

Signature of Officer Requesting Deletion: ______

Case#: ______

Reason for Deletion: ______

Signature of Employee Making Deletion: ______

Signature of Supervisor: ______

Additional Information/Notes: ______

Page 2 of 2 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Domestic Abuse Investigations Policy Number: 8.09

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department reduces incidences and severity of domestic abuse whenever reasonably possibly. We attempt to identify victims of domestic abuse, protect them, and provide support through a combination of direct law enforcement intervention and referrals to community services. At the same time, training and supervision enhance officer safety when responding to domestic abuse calls for service.

DEFINITIONS:

 Domestic Abuse: Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily harm, bodily injury or assault between family or household members; or criminal sexual conduct between family or household members, whether minors or adults. Sometimes referred to as family violence, domestic violence, spousal abuse, wife abuse, husband abuse, family abuse, and/or child abuse. Victims of domestic abuse may be adult or child, male or female.

 Family or Household Members: Spouses, former spouses, parents, children, and persons related by blood, persons who are presently or in the past have resided or cohabited together as a family, or having children in common although not living together regardless of gender.

DISCUSSION:

The outcome of a disturbed domestic relation is impossible to predict. Unlike stranger on stranger crimes, almost everyone involved in a domestic disturbance incident have a prior history with one another. The responding officer(s), no matter how well meaning and professional in their conduct, are often deemed as interfering outsiders. Do not assume that the complainant appreciates your efforts. As a law enforcement officer use your discretion to determine the most reasonable course of action under emotional circumstances and within the law.

Page 1 of 6 Law Enforcement Policies and Procedures, 8.09 Domestic Abuse Investigations

Complainants often want responding officer(s) to make the alleged offenders behave, but not arrest him or her. In other instances, the abusive pattern may have been occurring for some time and the victims are intimidated and fearful of retribution.

Responding officers are tested at every turn in a domestic disturbance call. Officers need to exercise extreme caution while dealing with both complainants and alleged offenders.

More troubling and difficult to handle are domestic disturbance calls involving law enforcement officers, or from family members of officers or agency employees. Officer discretion may become skewed or influenced by factors that are not readily apparent. If available, at least two officers respond to domestic violence calls for two reasons: to enhance officer safety, and to enhance objectivity.

PROCEDURES:

Dispatch Procedures: Dispatchers receiving domestic abuse calls can provide the responding officers with vital information that could save the victim’s and the officer’s life. The dispatcher gives domestic abuse calls the same priority as any other potentially life-threatening call and when reasonably available, dispatches two officers to reported location.

Dispatchers do not cancel law enforcement response to a domestic abuse complaint based solely on a follow-up call from the original complainant. Some form of secondary verification is required before the call for service may be cancelled.

The dispatcher passes all critical information to responding officer(s) before arriving at the scene including: 1. Nature of the alleged conduct; 2. Has anyone sustained injury, and if so to what extent; 3. If the alleged offender is present and, if not, the actor’s possible location; 4. If the alleged offender has left in a vehicle, what is the description and last direction or possible destination; 5. The alleged offenders description; 6. If weapons are involved in the incident; 7. Are there any weapons at the location; 8. If the alleged offender is under the influence of drugs or alcohol; 9. If there are children present; & 10. If any household member has undergone any recent traumatic experience such as loss or job, death in the family, etc.

Page 2 of 6

Law Enforcement Policies and Procedures, 8.09 Domestic Abuse Investigations

Responding Officer Procedures: If the alleged offender is still at the scene of the incident, the responding officer(s): 1. Restore order by gaining control of the situation; 2. Take control of weapons used or threatened to be used in the crime; 3. Relocate the actors to a safe place, if weapons are at the location. 4. Assess the need for medical attention and call for assistance, as indicated; 5. Interview all parties; separating them to a point to eliminate contact, but not to a point that the officers cannot see each other. 6. Interview any children separately. They do not know to lie. 7. Determine whether arrest(s) should be made or other actions taken. Should an arrest need to be made, separate the offender from children especially and other family members or associates before effecting the actual physical arrest whenever practical or as the situation in question dictates; 8. Collect and record evidence and when appropriate, take color photographs of injuries and property damage; 9. Inform communications that a copy of the 911 or telephone call recording is needed as evidence and collect such tape to be turned in; 10. Complete offense or incident reports to document the response, whether or not a crime was committed or an arrest made; 11. Tell victims how to obtain a copy of the incident report; 12. Advise victims that a petition for relief may be filed with a magistrate of the county where the petitioner resides, where the alleged incident of abuse occurred, or where the respondent may be served; 13. Advise all parties about the serious and criminal nature of domestic abuse, its potential for escalation, and help that is available; 14. Arrest criminal offender if probable cause exists, and it is deemed appropriate; 15. Remain on the scene until satisfied that the threat has diminished; 16. Provide victim(s) with referral information for legal or social assistance and support; & 17. Turn in photographs and any evidence including tape recording of the initial phone call to the evidence officer or agency.

If the alleged offender has left the scene and in the judgment of the officer(s) a crime has been committed, the responding officer(s): 1. Conduct a search of the immediate area; 2. Obtain information from victim(s) and witnesses as to where the alleged offender might be; 3. Assess the need for medical attention and call for assistance, as indicated; 4. Interview witnesses, children separately and alone; 5. Determine if arrest(s) should be made, or other actions taken; 6. Collect and record evidence and when appropriate, take color photographs of injuries and property damage; tape recording of the initial phone call; 7. Complete offense or incident reports to document the response; 8. Tell victim(s) about how to obtain a copy of the incident report;

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Law Enforcement Policies and Procedures, 8.09 Domestic Abuse Investigations

9. Advise victim(s) that a petition for relief may be filed with a magistrate, judge or other judicial officer of the county where the petitioner resides, where the alleged incident of abuse occurred, or where the respondent may be served; 10. Advise those present about the serious and criminal nature of domestic abuse, its potential for escalation, and help that is available; 11. Provide victim(s) with referral information for legal or social assistance and support; & 12. If evidence warrants and supports a criminal charge, refer the matter to the prosecuting attorney.

Arrest Procedure: When officers have probable cause to believe a person has committed acts, which constitute a crime under the domestic abuse laws of this state, the officer, should make an arrest. If the incident did not take place in the presence of the law enforcement officer, the officer reasonably believes that the offense occurred within the past twenty- four (24) hours. Damage or disarray to any part of the home or surroundings and especially any marks or injuries on anyone, are signs of violence and an arrest should be made at that time. Otherwise, the case is documented and referred for investigation.

Responding to Calls Involving Law Enforcement Officers: This agency provides unbiased and impartial law enforcement services to all members of the community including family or household members of agency employees. To accomplish this task in relation to domestic disturbance calls, the Police Chief attempts negotiation with law enforcement agencies, with overlapping jurisdiction, to provide mutual support in responding to domestic disturbance calls involving agency staff.

If a domestic disturbance call for service is from a residence, family member, or employee or officer of this agency the dispatcher: 1. Requests response assistance from a law enforcement having overlapping jurisdiction; 2. Notifies the on-duty supervisor immediately; 3. CID Investigator; 4. Passes all critical information as listed above to the responding officer(s); & 5. Continues to monitor response progress and report to agency management.

In situations were response support is not available from other law enforcement agencies the dispatcher receiving the call: 1. Assigns the on-duty supervisor and a second officer to respond to the call; 2. Notifies the Police Chief; 3. Passes all critical information as listed above to the responding officer(s); & 4. Continues to monitor response progress, and report to agency management.

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Law Enforcement Policies and Procedures, 8.09 Domestic Abuse Investigations

It is the policy of this agency not to provide any professional courtesy, special consideration, or special treatment to officers or employees of this agency who are alleged suspects in a domestic disturbance incident. In such instances, responding officers follow the responding officer procedures and arrest procedures described above.

Protection Order: Individuals claiming they have been victims of domestic abuse may submit a petition to a magistrate, judge or other judicial officer for relief, accompanied by an affidavit made under oath stating the specific facts and circumstances of the incident(s) and the specific relief sought. The clerk of the magistrate, clerk, or bailiff of the court, prosecutor, or other established individual normally provides the forms and assistance to help the petitioner with writing and filing of a petition. Acting upon the petition, the authorized officer of the court may issue a temporary or permanent order of protection for the victim(s), depending on the law and facts. If the order or cancellation is sent to Police Chief, the person responsible for service of civil process immediately: 1. Ensures that the order of protection, temporary order of protection, or any modification or cancellation of such orders, is immediately entered into the state crime information center system. 2. At a minimum, the following information describing the subject of the order is entered: a. Full name and date of birth; b. Race and sex; c. Driver’s license number (and social security number if available); d. Last known address; &, e. Whether the order of protection, temporary order of protection, or any modification “has” or “has not” been served. 3. Places a priority on service of the protection order, temporary order of protection, or any modification of such order. 4. Serves the order to the offender personally or a copy of the order left at the subject’s residence with a responsible aged resident, or by delivering a copy to an agent authorized to receive service of summons. a. As service of the protection order is time-critical, this agency may not attempt service by certified or registered mail. Information contained in and obtained from the state protection order registry is deemed confidential and is available only to courts, law enforcement, and prosecuting attorneys.

Violation of a Protection Order: A person commits the offense of violation of a valid order of protection if the offender knowingly violates any condition of that order. Officers should arrest any alleged offender of a protection order, even if the violation did not take place in the presence of the officer as allowed by law

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Law Enforcement Policies and Procedures, 8.09 Domestic Abuse Investigations

No Contact Orders: Olmos Park Police Department enters each no contact order issued within this jurisdiction into the state crime information center system. The procedure for entering a no contact order is identical to the procedure for entering an order of protection, temporary order of protection, or any modification or cancellation of such orders.

Page 6 of 6

Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Covert & Undercover Policy Number: 8.10 Investigations Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Covert operations and undercover investigations are an important tactic used against criminal suspects. These assignments are inherently dangerous. Olmos Park Police Department officers assigned to covert duties follow tactics designed to ensure operational effectiveness, and officer safety.

DEFINITIONS:

 Covert Operation - An operation that is so planned and executed as to conceal the identity of the investigators, or law enforcement involvement, of or permit plausible denial by the sponsor.

 Global Positioning Satellite [GPS] - A space-based satellite navigation system that provides location and time information in all weather, anywhere on or near the Earth where there is an unobstructed line of sight to four or more GPS satellites. It is maintained by the United States government and is freely accessible to anyone with a GPS receiver.

 Surveillance - Monitoring of the behavior, activities, or other changing information, usually of people for the purpose of detection, influencing, managing, directing, or protecting. In covert operations, surveillance is usually accomplished with only case investigators having knowledge of the means of surveillance.

 Undercover Operations – An operation planned and performed or occurring in secret. In law enforcement, usually undercover operations employed during counter drug, smuggling, terrorism, and sabotage investigations.

Page 1 of 4 Law Enforcement Policies and Procedures, 8.10 Covert & Undercover Investigations

PROCEDURES:

Surveillance Warrants: Covert operations are usually supported by covert surveillance. Surveillance that requires entry onto or into private property without the permission of the owner or users of the property typically requires a search warrant from the court. The surveillance team leader is responsible to applying for the necessary warrants, and insuring that officers do not violate any limitations imposed by the warrant.

The placement of Global Positioning Satellite [GPS] or radio direction tracking devices on vehicles, persons, in containers, or documents, without permission or knowledge of the owner also requires a search warrant. Securing these warrants from the court is also the responsibility of the surveillance team leader. The courts requirements for use of such a device mandate that the device be installed within the time set by the court, and on the vehicle specified in the warrant. For more information of covert surveillance, refer to policy, Overt Electronic Recording [1-Party State] and Overt Electronic Recording [2-Party State].

Preparation: Officers assigned to covert operations or undercover investigations understand and comply with procedures outlined in this section and other policies in general.

The officer in charge (OIC) or supervisor of the undercover investigation surveys in advance the designated location to: 1. Interview appropriate parties to determine their level of cooperation, to inform them of the nature of the operation and their individual responsibilities related to conduct and safety, and impress upon them the importance of keeping the operation strictly confidential; 2. Survey the premises to determine manpower, equipment and logistical needs and prepare a floor plan for the tactical briefing; & 3. Prepare a tactical plan.

Supervisor assembles the team for a detailed briefing of the tactical plan of operation prior to deployment, to include: 1. 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. 2. Detailed assessment of the location as developed by the advance team, to include all entry and exit locations, workstations, positions of cover and surveillance, information on building construction, and other matters relating to unsafe fields of fire. 3. Weapons, communications, and surveillance requirements and other equipment needs, such as use of soft body armor and videotape recorders, whenever possible.

Page 2 of 4 Law Enforcement Policies and Procedures, 8.10 Covert & Undercover Investigations

4. Individual and team assignments and responsibilities for inside and outside personnel and work force rotation and relief procedures. 5. Review of contingency plans 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 or vehicle failure.

Deployment: Operations and undercover investigations may consist of an inside and outside team. 1. Enforcement action are not normally initiated by the inside team unless circumstances precipitate such action for the safety of officers or others, or the tactical plan has specifically designates such action. 2. The inside team is used primarily to relay information to the outside team for purposes of arrest or continued surveillance. 3. Inside team is responsible for final briefing and protection of any cooperating persons, 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. 4. Operations and undercover investigation teams are designated for enforcement actions only with regard to the tactical plan and may not be used to enforce less serious infractions. 5. Uniformed officers on patrol in the immediate vicinity of an operation or undercover investigation may be informed of the operation prior to beginning their shift, if such knowledge would not jeopardize the mission. 6. Inside team officers who are not in concealed positions may assume roles and attire similar to that of others in the establishment. Outside team members observe good surveillance and concealment tactics at all times and maintain positions that provide easy and rapid access to the establishment. 7. In order to conceal their identity and equipment, officers exercise particular caution when entering and exiting the location. Officers do not normally enter or leave as a group. 8. Weapons are readily available to team members at all times but are not hidden next to cash registers or in other common hiding places. All weapons are maintained in a ready condition. 9. Officers are assigned a dedicated radio channel and/or special codes for purposes of the operation. Earplug speakers are desirable for security purposes. 10. Outside officers are to be alert to the following types of situations and keep inside officers informed of the following suspicious persons or events: a. Persons loitering around the premises; b. Automobiles that drive by the establishment slowly and frequently; c. Persons wearing inappropriate, out-of-season clothing such as overcoats, raincoats, and ski caps; &, d. Suspicious persons carrying shopping bags, duffle bags, or coats. 11. Uniformed officers are summoned as soon as possible following a crime.

Page 3 of 4 Law Enforcement Policies and Procedures, 8.10 Covert & Undercover Investigations

12. Plain clothed officers at the scene ensure that they are properly and easily identifiable as law enforcement officers to responding officers at critical action points.

Page 4 of 4 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Covert Electronic Recording Policy Number: 8.11

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department restricts covert electronic monitoring or recording activities to investigations where a reasonable suspicion of criminal activity exists. This investigative technique is essential in determining criminal wrongdoing, or in gathering evidence of known criminal activity.

Official use of covert electronic monitoring techniques by this agency is approved by the Police Chief and with the concurrence of the Prosecuting Attorney.

DEFINITIONS:

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

Page 1 of 4 Law Enforcement Policies and Procedures, 8.11 Covert Electronic Recording

 Covert - An electronic device is covert when it is hidden from normal view or otherwise secreted away, and at least one of the individuals to be recorded has a reasonable expectation of privacy. Examples of covert recording devices are body recorders or transmitters, miniature CCTV, or parabolic microphones.

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

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

 No or low expectation of privacy - In some instances citizens have no or low expectations of privacy. For example:

o Officers recording telephone conversations where they are a party to the conversation. o Officers recording face-to-face conversations where they are a party to the conversation. o Recording information at a crime scene. o Monitoring and recording public hallways, elevators, rooms [less restrooms], of a public building, including agency facilities. o Monitoring and recording sobriety tests. o Recording of voluntary statements made by victims, witnesses, or suspects. o Recording routine traffic stops with portable or fixed recording equipment. . For policy guidelines on overt electronic recording or instances where there is no or low expectation of privacy see policy Overt Electronic Recording.

LIMITATIONS:

Officers may utilize a covert electronic recording device in conjunction with a consenting party, such as a cooperating witness, informant, or undercover officer in accordance with state and federal law. Interception of any form of communication which is not consensual and where the consenting party is not present is not legal in Texas. In other words, the consenting party needs to be present during all parts of the conversation.

PROCEDURES:

Page 2 of 4 Law Enforcement Policies and Procedures, 8.11 Covert Electronic Recording

Use of Covert Electronic Recording Devices in Consensual Surveillance: 1. Before using any covert recording device in a consensual setting, the officer informs the individual and obtains the consenting party’s signature on the Consensual Monitoring Consent Form. 2. All original recording tapes are duplicated as needed, sealed, and stored as official evidence. 3. The use of electronic recording devices for surveillance or undercover purposes often requires a balance between the need for information gathering, against the rights of the individual(s) being investigated. With this in mind, officers: a. Use lawful and non-intrusive investigative techniques to collect information necessary to prevent a criminal act from occurring, to identify suspects, and to aid in prosecution; b. Complete a thorough investigative report, during each phase of the investigation process; & c. Continually, evaluate the need for covert electric surveillance in this particular case. 4. Information gathered by electronic recording is only disseminated on a strict need to know basis.

Agency Approval - Use of Electronic Recording Devices: The Police Chief is responsible for approving and directing investigation activities that utilize consensual covert monitoring techniques. Agency approval may be obtained by: 1. Any officer conducting a legitimate investigation where covert monitoring may be an important aid to investigation; 2. Completing a formal written request, and forwarding the request to the responsible supervisor; & 3. Conforming approval in writing in the investigative case file.

Prosecuting Attorney Approval - Use of Consensual Covert Electronic Devices: Once agency approval is obtained for consensual monitoring, approval of the Prosecuting Attorney are obtained as follows: 1. The investigating officer makes direct or telephone contact with the prosecuting attorney or a deputy prosecutor and present the facts of the case. The prosecuting attorney or deputy prosecutor is to concur with use of the consensual monitoring technique stating that: a. The use of this technique under the circumstances of the case is legal; & b. The use of the consensual monitoring technique does not constitute entrapment. 2. Whether approved or disapproved, the investigating officer finalizes the Consensual Monitoring Request Form by completing the designated portion. A copy of the approved completed form is forwarded to the office of the prosecuting attorney within 5 days.

Use of Electronic Recording Devices in Covert Non-Consensual Surveillance:

Page 3 of 4 Law Enforcement Policies and Procedures, 8.11 Covert Electronic Recording

1. Prior to using covert recording in a non-consensual surveillance, the agency, through the prosecuting attorney, obtain a court order from a court holding jurisdiction in the case. 2. To start the approval process, investigators verbally brief the prosecuting attorney on the necessity, means, and anticipated resources necessary to conduct the surveillance. 3. The prosecuting attorney makes the final determination regarding any petition to the court for an authorizing court order. 4. Under no circumstances does an officer of this agency conduct or be associated with a non-consensual covert monitoring or recording activity that is not authorized by a court order.

Page 4 of 4 COVERT ELECTRONIC RECORDING – CONSENT TO SEARCH FORM Consensual Monitoring Request & Consent Form

The following Consensual Monitoring Request and Consent Form may address a number of monitoring techniques to include: 1. Installation of a recording device on a telephone; 2. Installation of a closed-circuit television (CCTV) or other type of video recording device; or 3. Placement of a transmitter or body recorder on a person or officer.

All monitoring techniques must be documented fully under the section labeled Summary of Facts to include any relevant information.

General Information:

Date: ______Time: ______

Address of location to be monitored: ______

Monitoring Technique: ______

Officer Requesting Monitoring: ______Consenting Party: ______

Summary of Facts: ______

Page 1 of 5 Requesting Officer(s) Signature: ______

Witness #1 Name: ______

Signature of Witness #1: ______

Witness #2 Name: ______

Signature of Witness #2: ______

Approval by Police Chief:

Date: ______Time: ______

Police Chief Name: ______

Police Chief Signature: ______

Request Approved (circle one): Yes No

Approval by Prosecuting Attorney:

Date: ______Time: ______

Signature of Investigating Officer Presenting Facts of the Case to the Prosecuting Attorneys Office: ______

Prosecuting Attorney’s Name: ______

Prosecuting Attorney’s Signature: ______

Request Approved (circle one): Yes No

Based on the facts as presented, this request is approved for a period of thirty (30) days. Any further monitoring after the thirty (30) day period will require further review of the investigation.

Page 2 of 5

CONSENSUAL MONITORING CONSENT FORM Transmitter or Body Recorder

Date: ______Time: ______

I (Name of Consenting Party) ______of (Address of Consenting Party) ______hereby authorize the following officers (Name of Officers) ______of (Name of Agency) ______to place a transmitter or body recorder on my person for the purpose of recording and conversations with (Name of Subjects) ______which, I may have on or about the date of ______.

I have given this written permission to the above named officers knowingly, voluntarily and without threats or promises of any kind. I understand that I must be a party to any conversation in order to record that conversation.

I, therefore, agree not to leave the recording equipment unattended or take any other action, which is likely to result in the recording of conversations to which I am not a party.

Consenting Party Name: ______

Consenting Party Signature: ______

Witness #1 Name: ______

Signature of Witness #1: ______

Witness #2 Name: ______

Signature of Witness #2: ______

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CONSENSUAL MONITORING CONSENT FORM Telephone Recording

Date: ______Time: ______

I (Name of Consenting Party) ______of (Address of Consenting Party) ______hereby authorize the following officers (Name of Officers) ______of (Name of Agency) ______to install a recording device in a telephone located at (Address of Telephone to be Monitored ______for the purpose of recording any conversations that I may have on that telephone with (Name of Suspects) ______on or about the date of ______.

I have given this written permission to the above named officers knowingly, voluntarily and without threats or promises of any kind.

Consenting Party Name: ______

Consenting Party Signature: ______

Witness #1 Name: ______

Signature of Witness #1: ______

Witness #2 Name: ______

Signature of Witness #2: ______

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CONSENSUAL MONITORING CONSENT FORM Video Recording

Date: ______Time: ______

I ( Name of Consenting Party) ______of (Address of Consenting Party) ______hereby authorize the following officer’s (Name of Officer’s) ______(Name of Agency) ______to install a closed circuit television (CCTV) or other video recording devise in a premises located at (Address of Location to be Monitored) ______to view (Description of Location to be Viewed) ______for the purpose of viewing and/or video recording an activity that I may have with (Name of Suspects) ______and others as yet unknown on or about the date of ______.

I have given this written permission to the above named officers knowingly, voluntarily and without threats or promises of any kind.

Consenting Party Name: ______

Consenting Party Signature: ______

Witness #1 Name: ______

Signature of Witness #1: ______

Witness #2 Name: ______

Signature of Witness #2: ______

Page 5 of 5 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Overt Electronic Recording Policy Number: 8.12 [1-Party Consent State] Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

The Olmos Park Police Department uses overt electronic interview and surveillance techniques and equipment whenever reasonably practical to deter crime and provide a record of events that might be used as evidence in a criminal case.

Employees of our agency do not interfere with a citizen’s right to audio or video record officers’ actions that are performed in a public place.

DEFINITIONS:

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

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

 2-Party Consent State - States and territories that require that all parties to a conversation be advised that the conversation is being recorded. As of 2011 eleven states were two-party states, i.e., eleven states currently require that all parties consent to the recording. These states are:2 1. California 2. Connecticut 3. Florida

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

Page 1 of 5 Law Enforcement Policies and Procedures, 8.12 Overt Electronic Recording – 1-Party Consent State

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

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

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

 Interview - For purposes of this policy, an interview is defined as questioning of a potential witnesses or victim that does not require a waiver of Miranda rights from the party questioned.

 No or low expectation of privacy - In some instances residents and officers have no or low expectation of privacy to include:

o Officers recording telephone conversations where they are a party to the conversation; o Officers recording face-to-face conversations where they are a party to the conversation; o Recording information at a crime scene; o Monitoring and recording public hall ways, elevators, rooms [less restrooms], of a public building, including agency facilities; o Monitoring and recording sobriety tests; o Recording of voluntary statements made by victims, witnesses, or suspects; & o Recording routine traffic stops with portable or fixed recording equipment.

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

Page 2 of 5 Law Enforcement Policies and Procedures, 8.12 Overt Electronic Recording – 1-Party Consent State

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

PROCEDURES:

Consent and Documentation: As this is a 1-party consent state, suspects do not have to be specifically informed that the interview is being recorded. If during the course of the interview or interrogation the witness or suspect objects to the electronic recording, their objection should be recorded on the recorded media. The officer then makes a determination if the recording is terminated, and if the interrogation is to be continued or aborted, based on officer discretion and/or suspect assertion of rights.

Lack of consent does not affect the admissibility of a recorded statement. At the discretion of the officer, the officer may inform the subject that the interview or interrogation is being recorded. Officers use and trust their discretion about whether the subject may be inhibited by providing a notice of the recording.

Written Incident or Interrogation Report: The recording of an interview or interrogation does not alleviate officers from their responsibility to prepare a written report.

Public’s Right to Record Officer’s Actions: As disliked and disruptive as it might be, employees of Olmos Park Police Department do not interfere with a citizen’s right to audio or video record officers actions while the officer is performing those duties in a public place. It is the public’s right to do so, as part of their 1st Amendment rights as guaranteed by the US Constitution.3 Overt recording examples may include holding a cell phone up or out in plain view, advising the officer they are being recorded, or using a camera in the open view.

Officers may request the name and contact information of the citizen doing the recording as part of a legitimate witness interview. However, officers do not take or handle the recording device, or otherwise interfere with the citizen’s right to record. Respectful requests may be made for a copy of the recording either at the scene or as a follow-up by assigned investigators.

3Simon Glik v. John Cunniffe et al, No. 10-1764, 1st US Circuit Court of Appeals (2011.

Page 3 of 5 Law Enforcement Policies and Procedures, 8.12 Overt Electronic Recording – 1-Party Consent State

Use of Recording Equipment: Officers may utilize during both routine and special investigation overt recording equipment when the recording equipment is generally in view or when there is no or low expectation of privacy.

Overt recording equipment utilized by officers may be issued by the agency or carried as personal equipment. Such overt recording equipment may include: 1. Personal hand held tape recorders; 2. Personal handheld CCTV recorders; 3. CCTV mounted in agency hallways, interview rooms, and assembly areas; 4. CCTV or audio recording equipment installed in patrol cars; & 5. CCTV equipment installed in sobriety test rooms.

Personal Tape Recorders: Officers may carry and use personal tape recorders or portable video cameras. These devices have many administrative uses including note taking, dictating reports, or recording accident details. When using these devices officers may use their own discretion regarding retaining video or audiotape. If the tape can be used as criminal evidence the tape is saved and secured as any other evidence. Otherwise the tape may be used again after seven [7] days.

Evidence and Recording Media Rotation: Surveillance and interview media from patrol units, agency CCTV installations, and other similar devices are maintained for ninety [90] days, before they are reused. Only media that lack evidentiary value are placed back in inventory and reused. Recordings that have evidentiary value are tagged and stored as any other evidence until the case is closed. For further guidance and requirements see policy Electronic Media Security.

General Requirements: 1. When practical, officers electronically record in their entirety custodial interrogations conducted in detention facilities and buildings occupied by this agency. This includes off-site or other law enforcement agency-controlled buildings or task force offices. Video and audio recording is preferred. 2. Electronic recordings of field custodial interrogations are encouraged, dependent in part on time and equipment availability. Interviews are often less critical, and are often subject to questions of subsequent access to the witness. 3. Electronic recording of juveniles are conducted the same as an adult, in addition to following all other procedures as specified in policy and state law with respect to investigations involving juveniles. 4. If electronic recordings of custodial interrogations cannot be conducted as described herein, due to reasonable unavailability of equipment, power or equipment failure, the suspect's refusal to answer questions if the conversation is recorded, or for other good cause, the basis for not recording is documented in an investigative or contact report.

Page 4 of 5 Law Enforcement Policies and Procedures, 8.12 Overt Electronic Recording – 1-Party Consent State

5. Volunteered statements are outside the scope of the Miranda Warning requirement; however, attempts should be made to record such statements when practical. 6. In-car camera or audio systems may be used in support of this policy.

Recording Protocol in Detention and agency Occupied Facilities: 1. Custodial interrogations are recorded in their entirety, specifically including the administration of the Miranda warning, notification of recording, and any waiver. 2. When commencing the recording, the primary interviewer or interrogator may elect to provide the identification of officers, suspect, and any others present, and date, time, and location of the interrogation either in the electronic recording or in the investigative report. 3. The recorder remains on during breaks and/or short recesses. If there is any reason the recorder is shut down during the course of the interrogation, it must be documented either in the resumed recording or in the investigative report. 4. Original recorded media is evidence and is handled and preserved as evidence. Certain types of digital recordings may qualify for an exception to the original recorded media evidence handling requirements. 5. All originals and copies of recordings are agency property and are not copied or disseminated except as allowed in policy. The original evidentiary-recorded media is retained in secure storage for a period as defined by policy and state law. 6. When practical, a copy of the original recorded media is used by authorized agency personnel and the courts (unless otherwise directed) to preserve the original media in its unaltered condition.

Digital Recorders: If the original recorded media used is a digital recorder requiring downloading of a file to another recorded media (such as is the case when using a handheld digital recorder), a designated complete and exact copy is downloaded, labeled, and processed as the original recording for evidentiary purposes. The evidence label lists the make, model and serial number of the recorder from which the recording was downloaded.

Page 5 of 5 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Overt Electronic Recording Policy Number: 8.13 [2-Party Consent State] Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Employees of our agency do not interfere with a citizen’s right to audio or video record officers’ actions that are performed in a public place.

DEFINITIONS:

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

Page 1 of 5 Law Enforcement Policies and Procedures, 8.13 Overt Electronic Recording – 2-Party Consent State

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

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

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

 Interview - For purposes of this policy, an interview is defined as questioning of a potential witnesses or victim that does not require a waiver of Miranda rights from the party questioned.

 No or low expectation of privacy - In some instances residents and officers have no or low expectation of privacy to include:

Page 2 of 5 Law Enforcement Policies and Procedures, 8.13 Overt Electronic Recording – 2-Party Consent State

o Recording of voluntary statements made by victims, witnesses, or suspects; & o Recording routine traffic stops with portable or fixed recording equipment.

PROCEDURES:

Consent and Documentation: As this is a 2-party consent state suspects have to be specifically informed that the interview is being recorded. If during the course of the interview or interrogation the witness or suspect objects to the electronic recording, their objection should be recorded on the recorded media if recording, or in a written report. The officer then makes a determination to immediately terminate the interview or interrogation altogether, or continue the process without recording what transpires.

It may be helpful to both officers and the subject to explain the benefits of an agreed recording, such as: 1. Reduces the requirement for note taking; 2. Protects the subject, as it records exactly what is said by officers and suspect; 3. Is a civil rights protection for the subject and officers; & 4. Is a deterrent to officer abuse.

Lack of initial consent should not affect the admissibility of a recorded statement once the witness or suspect confirms a willingness to allow the recording. Once willingness to allow the recording is affirmed by the witness, the officer should have the agreement stated for the record on the recording before proceeding further.

Written Incident or Interrogation Report: The recording of an interview or interrogation does not alleviate officers from their responsibility to prepare a written report.

3Simon Glik v. John Cunniffe et al, No. 10-1764, 1st US Circuit Court of Appeals (2011.

Page 3 of 5 Law Enforcement Policies and Procedures, 8.13 Overt Electronic Recording – 2-Party Consent State

Respectful requests may be made for a copy of the recording either at the scene or as a follow-up by assigned investigators.

Evidence and Recording Media Rotation: Surveillance and interview media from patrol units, agency CCTV installations, and other similar devices are maintained for thirty [30] days, before they are reused. Only media that lack evidentiary value are placed back in inventory and reused. Recordings that have evidentiary value are tagged and stored as any other evidence until the case is closed. For further guidance and requirements see policy Electronic Media Security.

Page 4 of 5 Law Enforcement Policies and Procedures, 8.13 Overt Electronic Recording – 2-Party Consent State

described herein, due to reasonable unavailability of equipment, power or equipment failure, the suspect's refusal to answer questions if the conversation is recorded, or for other good cause, the basis for not recording is documented in an investigative or contact report. 5. Volunteered statements are outside the scope of the Miranda Warning requirement; however, attempts should be made to record such statements when practical. 6. In-car camera or audio systems may be used in support of this policy.

Recording Protocol in Detention and agency Occupied Facilities: 1. Custodial interrogations are recorded in their entirety, specifically including the administration of the Miranda warning, notification of recording, and any waiver. 2. When commencing the recording, the primary interviewer or interrogator may elect to provide the identification of officers, suspect, and any others present, and date, time, and location of the interrogation either in the electronic recording or the investigative report. 3. The recorder remains on during breaks and/or short recesses. If there is any reason the recorder is shut down during the course of the interrogation, it is documented either in the resumed recording or in the investigative report. 4. Original recorded media is evidence and is handled and preserved as evidence. Certain types of digital recordings may qualify for an exception to the original recorded media evidence handling requirements. 5. All originals and copies of recordings are agency property and are not copied or disseminated except as allowed in policy. The original evidentiary-recorded media is retained in secure storage for a period as defined by policy and state law. 6. When practical, a copy of the original recorded media is used by authorized agency personnel and the courts (unless otherwise directed) to preserve the original media in its unaltered condition.

Page 5 of 5 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Video & Audio Vehicle Policy Number: 8.14 Recordings Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

From time to time Olmos Park Police Department may employ overt mobile video recording equipment to enhance enforcement actions and memorialize events.

Mobile video equipment can be an added value in the enforcement of traffic laws and related offenses, prosecuting violators, limiting inappropriate behavior, evaluation of officer performance, quality assurance, and as an aid to training. In order to maximize the utility of these systems officers follow established procedures.

PROCEDURES:

Officers follow these steps when utilizing mobile video recording equipment: 1. Security, maintenance, and operation of the mobile video recording equipment installed in vehicles are the responsibility of the officer assigned to that vehicle. 2. The equipment is maintained and serviced in accordance with manufacturer’s recommendations. It is the responsibility of the assigned officer to read and have available in his vehicle the manufacturer’s written instructions and manual. 3. Prior to each shift, officers determine whether their mobile video recording equipment is working satisfactorily and timely report any problems at this or other times to the attention of their immediate supervisor.

Mobile video recording equipment automatically activates when the vehicle’s emergency warning devices are activated. The equipment may be manually deactivated during non- enforcement activities such as when protecting traffic accidents from other vehicular traffic. Whenever equipment is manually deactivated, officers document the justification for this action.

1. During traffic enforcement actions, officers take steps to: a. Position the vehicle and/or camera to record the most likely activity scene, usually the suspect vehicle;

Page 1 of 3 Law Enforcement Policies and Procedures, 8.14 Video & Audio Vehicle Recordings

b. Check to determine their wireless microphone is activated in order to provide audio narration simultaneously with the video recording; c. State audibly into the wireless microphone the reasonable suspicion or justification for the enforcement action; & d. Do not stop recordings until the enforcement action is completed. 2. When and where practical, officers use their mobile video recording equipment to record: a. Actions of suspects during interviews, field sobriety tasks, Miranda Warnings, and custody actions; & b. Circumstances at crime, accident scenes, confiscation and documentation of evidence or contraband, etc. c. Police Contact. 3. Employees do not erase, reuse or in any manner alter mobile video recordings and/or media, such as memory sticks. 4. Prior to starting patrol duties, officers ensure they are equipped with an adequate supply of video pack or other recording media, such as memory sticks to complete their tour of duty. 5. Recorded media is identified prior to being submitted for storage in departmental records. Recording media that are near or at full storage capacity are transferred to a hard drive or other storage device before reuse. 6. Officers are encouraged to inform their supervisor of any recorded media sequences that may be of training value; 7. Note in incident, arrest, or other reports when media recordings were made during a reportable incident or event; 8. Officers only use media and compact disc issued and approved by this agency. 9. Only Supervisors will download the video memory packs unless approved by the police chief.

For a familiarization and discussion of our current equipment see the manufactures manual and material located in vehicle.

Page 2 of 2 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Video Recorders – Body Worn Policy Number: 8.15

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

The Olmos Park Police Department may employ wearable video recording equipment to enhance enforcement actions and memorialize events.

Use of a Body Worn Video Recording (BWVR) system provides a method to document activity through the audio and video recording of the involved officer and others as they are occurring. The primary purpose of a wearable BWVR system is for officer safety and to document statements and events during the course of an incident. These recorders are intended to assist officers in the performance of their duties by providing an audio and/or video record of a contact.

These BWVR devices are employed as overt surveillance and recording devices. In coordination with this policy, employees review and are familiar with the following policies of this agency:  Covert Electronic Recording  Overt Electronic Recording [1-Party Consent State]  Overt Electronic Recording [2-Party Consent State]

DEFINITIONS:

 1-Party Consent State – As of 2011 other states, territories, and the District of Columbia) not listed below [see: 2-Party Consent State definition below] require only one-party consent for a conversation to be recorded. If a caller in a 1-party state records a conversation with someone in a 2-party consent state that caller is subject to the stricter of the laws and must have consent from all callers.1 As laws are subject to change, periodically check your state and the other state’s laws before committing to an investigative plan.

 2-Party Consent State - States and territories that require all parties to a conversation be advised that the conversation is being recorded. As of 2011, eleven

1Cf. Kearney v. Salomon Smith Barney Inc., 39 Cal. 4th 95 (2006).

Page 1 of 3 Law Enforcement Policies and Procedures, 8.15 Video Recorders – Body Worn

states were 2-party states, i.e., eleven states currently require that all parties consent to the recording. These states are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.2

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

 Body Worn Video Recorder (BWVR) - A video and audio camera worn on an employee’s body in plain-view.

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

 Interview - For purposes of this policy, an interview is defined as questioning of a potential witnesses or victim that does not require a waiver of Miranda rights from the party questioned.

 No or low expectation of privacy - In some instances residents and officers have no or low expectation of privacy to include: o Officers recording telephone conversations where they are a party to the conversation; o Officers recording face-to-face conversations where they are a party to the conversation; o Recording information at a crime scene; o Monitoring and recording public hall ways, elevators, rooms [less restrooms], of a public building, including agency facilities; o Monitoring and recording sobriety tests; o Recording of voluntary statements made by victims, witnesses, or suspects; & o Recording routine traffic stops with portable or fixed recording equipment.

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

Page 2 of 4 Law Enforcement Policies and Procedures, 8.15 Video Recorders – Body Worn

PROCEDURES:

Training: Officers do not use BWVR devices unless they have successfully completed training in the proper use of such equipment. This training consists of: 1. Review of the proper function and use of the recording devices; 2. Olmos Park Police Department policy and procedures as they pertain to the system.

Practical Application & Use: 1. All stored video recordings are maintained in a secured data storage medium for a period of 90 days and then may be destroyed. Exceptions to this purge criteria are recordings associated with civil or criminal cases that have yet to be adjudicated, and sustained internal affairs investigations. The purge of such data is performed only after written consent has been obtained from the Police Chief, as requested by the officers in charge of evidence.

2. Erasure of data involving a felony or officer-involved use of force or deadly force encounter requires review and decision justification of the Police Chief.

3. Officers use the BWVR system under circumstances such as: a. During enforcement contacts, like traffic and Terry stops, issuing citations, and arrests. b. When officers record non-enforcement contacts that become confrontational, assaultive, or enforcement orientated. c. When conducting critical interviews or interrogations of witness and suspects in felony cases. d. Recording audio and video to assist the officer later in writing reports.

4. Officers do not use the BWVR system to: a. Record incidents, discussions, or actions for personal use; or b. Record friends, associates, or fellow officers for non-investigative purposes.

5. It is recommended that contacts, interviews, and other events are recorded when it is anticipated they may have value as evidence, to limit liability, to resolve citizen complaints, or as a training aid.

6. The Olmos Park Police Department surreptitiously recording any member of this agency is not authorized unless specifically approved by the Police Chief.

7. If a recording contains evidence, the data is downloaded in a timely manner by the

Page 3 of 4 Law Enforcement Policies and Procedures, 8.15 Video Recorders – Body Worn

reporting officer, immediate supervisor or evidence custodian. Once downloaded to a secure server, the file is saved in accordance with the agency electronic data storage protocol and is placed in evidence.

8. When BWVR recordings are made, the recording and the device serial number is entered into the associated report and onto evidence tags.

9. Recordings may be viewed in any of the following situations: a. As evidence in a criminal, civil, or internal affairs investigation. b. By the officer viewing recordings from their assigned recorder. c. By a supervisor reviewing general or specific incident performance issues. d. For training purposes.

10. Recordings are not displayed for purposes of harassment, ridicule, or embarrassment.

11. Copies of stored BWVR data may be reproduced from the stored data system in support of criminal and internal investigations, court, training, or other purposes as approved by the Police Chief or designees.

12. In the event of an accidental activation of the BWVR resulting in a recording with no investigative or evidentiary value, the officer may request that the BWVR electronic file be deleted by submitting a written request with sufficient explanation to the immediate supervisor.

Maintenance & Service: Once issued to individual officers, each employee is responsible for the appropriate care and operation of the BWVR. The agency provides all maintenance, batteries, belt holders, and any other accessories necessary for the standard operation of the device. As part of this effort: 1. Broken or malfunctioning recorders and accessories are reported to the on-duty supervisor as soon as practical. 2. For repairs, the reporting officer completes and submits a memorandum to the Shift Supervisor detailing how the damage occurred and the maintenance issue. 3. The supervisor provides a replacement device or accessory as soon as practical.

Page 4 of 4 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Polygraph & Voice Stress Policy Number: 8.16 Analysis Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department diligently pursues major crime investigations and may employ various techniques and equipment including polygraph, voice stress analysis, and other interview techniques and technology to aid in a more timely and complete inquiry. Interviews and interrogations employing voice stress analysis, or polygraph, are only performed on individuals willing to submit to this type of questioning.

DISCUSSION:

Technology supported interviews and interrogations may be employed in criminal investigations, pre-employment interviews, or internal inquiries to verify, corroborate, or solicit responses to questions previously understood or developed by interviewers, to obtain additional leads, or narrow the focus of an inquiry. Such analysis systems and techniques are understood not be admissible in court, or the final word in any inquiry, but are known to be an effective investigative tool in the hands of an expertly trained examiner-operators.

DEFINITION:

 Interview - Questioning of a potential witnesses or victim that does not require a waiver of Constitutional [Miranda] or other rights from the party questioned.

Page 1 of 6 Law Enforcement Policies and Procedures, 8.16 Polygraph & Voice Stress Analyzer Interviews

records at a minimum, respiratory activity, galvanic skin resistance, and cardiovascular activity. Depending on the application and jurisdiction, the process can only be applied to individuals that are physically present in the interview location with sensors attached.

 Polygraph Examiner – An employee or contractor who is trained, licensed, and experienced in conducting polygraph examinations, interview, and interrogations.

 Suspect - A person of interest suspected of a specific crime, wherein an officer has established probable cause to arrest.

PROCEDURE:

Requesting Polygraph Examinations 1. With approval of their immediate supervisor, employees may request VSA or polygraph case support. Prior to approving such a request, supervisors consider: a. Status and thoroughness of the investigation; b. The degree to which such an analysis or examination may be useful to the investigation; c. Impact on the case should the witness or suspect be asked to submit to such a formal interview, and they do not agree; d. Impact on valuable resources such as time, funding, and priorities; & e. Economy of force and management of scarce resources. 2. Polygraph and VSA examinations are conducted in accordance with state and federal laws and restrictions, and the policies and practices of this agency. Some conditions under which such an interview may be requested include, by not limited to: a. Requests from a prosecutor as part of an agreement with a criminal defense attorney, or for other investigative purpose; b. An element of a background investigation for an applicant applying or competing for an employee position;

Page 2 of 6 Law Enforcement Policies and Procedures, 8.16 Polygraph & Voice Stress Analyzer Interviews

c. Attempts to verify or reconcile statements of an alleged victim, witness or suspects; d. Efforts to confirm or refute an allegation or defense that cannot be verified or disproved by other investigative procedures; e. Efforts to support other probable cause to seek a search warrant; f. Efforts to clear a witness from becoming a suspect; or g. In support of an internal administrative or criminal internal investigation; & h. In support of another governmental agency. 3. Requests for a VSA or polygraph examination from an outside agency are submitted to the Police Chief who has final decision-making authority.

Voluntary Agreement to Submit to Examination Polygraph or formal VSA interviews or interrogations are not administered without the subject’s written approval prior to posing any examination questions. This agency does not allow any coercion when asking a witness or suspect to submit to an examination.

EXAMINATIONS:

Internal Affairs Examination Employees of this agency formally directed to participate in a polygraph or formal VSA interview or interrogation as part of an administrative inquiry are: 1. Accorded their Garrity Rights prior to any questioning in accordance with the Internal Compliance Enforcement [ICE] policy; 2. Read and complete the Garrity Rights Form; & 3. When probable cause exists to criminally charge the suspected employee, they are first read and acknowledge receipt and understanding of their Constitutional Rights, in accordance with the Civil Rights & Constitutional Warnings policy.

Criminal Examination: 1. Investigators requesting a formal VSA or polygraph examination, once approved, provides the examiner with pertinent case material such as: a. Information and evidence [known and unknown to the witness or suspect]; b. Initial and follow-up investigation reports; c. Background information on the subject to include any known criminal history and any information about possible motivation; d. Witness or subject interviews or statements; e. News media reports or recordings; f. Any key facts deliberately withheld from the examiner will be coordinated with the Police Chief or designee, prior to release of other information; & g. Details or exactly what the investigators are trying to determine or verify with this witness or suspect. 2. If the subject is hearing impaired or does not speak English, the lead investigator in consultation with their supervisor determines if the cost and practicality of providing sign language interpreter or translators is justified.

Page 3 of 6 Law Enforcement Policies and Procedures, 8.16 Polygraph & Voice Stress Analyzer Interviews

3. Except in exigent circumstances, investigators are encouraged not to perform an exhaustive interview or interrogation of the subject immediately before the examination. The suspect should be rested and relatively calm at the time the examination is performed. 4. Investigators should avoid telling or threating the subject about the examination process, or using terms such as … lie detector, truth detector, etc. It is helpful for investigators to tell the subject that … the examiner explains the process and answers questions before the examination begins. 5. Scheduling, location of the examination and other details is coordinated between the lead investigator and the examiner. 6. The examiner and lead investigator consult on whether or not any person is to directly or indirectly observe the examination. 7. When practical an officer escorts the subject and other approved persons such as attorneys, parents or legal guardians, to the examination and remains available until completion. If this is not practical or deemed appropriate the investigating officer remains available by phone.

Conduct of Formal Examinations 1. At a minimum, examiners complete the following processes when conducting the examinations: a. Explains the interview process: i. Voluntary; ii. Results of the examination are not acceptable in a court of law unless all parties agree; iii. Results of the polygraph examination, taken alone, does not establish probable cause for a prosecution referral; iv. Does not result in a . . . pass or fail; & v. The purpose of the interview is to listen to your version of events, and objectively evaluate the veracity of responses. b. Inquiries into the subject’s health, medical history, and use of medications to determine subject’s ability to undergo the examination. c. Issues applicable warnings, and secures acknowledgement and comprehension in writing before conducting examination, such as: i. Constitutional Rights & Warnings, ii. Garrity Warnings, &/or iii. Juvenile Warnings. d. Records the interview and examination by voice or video with audio, consistent with the Overt Electronic Recording policy; & e. The examiner interprets the results in a timely fashion and renders an opinion on findings that includes, but is not limited to, one of the following conclusions: i. Deception detected, ii. No deception detected, & iii. Inconclusive;

Page 4 of 6 Law Enforcement Policies and Procedures, 8.16 Polygraph & Voice Stress Analyzer Interviews

f. May provide a verbal, non-binding report to the lead investigator; & g. Writes and provides a detailed report and copies of the recordings to the lead investigator within 48 hours.

Formal Examination Performance Standards 1. Submission to a formal VSA or polygraph examination is a voluntary action on the part of any witness, suspect, employee, or applicant. 2. Only licensed, trained, and experienced examiners conduct examinations. 3. Examinations are conducted in accordance any applicable State & Federal law and regulations. 4. Examinations are not normally conducted on any subject the examiner reasonably perceives is not a candidate for examination. Some conditions include, but are not limited to: a. Cardiac ailments, b. Pregnancy, c. Taking certain medications, d. Substance abuser, e. Excessively nervous or upset persons, or f. Has not willingly volunteered to undergo evaluation. 2. Examiners do not conduct interviews or examinations when there is more than a passing knowledge or relationship with the subject, nor has a potential interest or conflict of interest in the outcome of the examination. 3. Any examination ceases immediately if requested by the subject or legal counsel. 4. Pre-employment examination material is stored in secured location separate from criminal files. 5. With the exception of agency identification cards, uniforms, badges, weapons, and other emblems of authority are not usually worn in view or openly displayed by the examiner during sessions with subject. 6. Examinations, and results are handled as confidential, and for official use only, and will not be released, or discussed with anyone other than the case investigators, or those agency personnel have a strict need to know. Media inquiries are directed to agency’s media director. 7. Examination materials, recordings, and records assigned or funded by this agency are the property of Olmos Park Police Department and may not be released or discussed with any person or agency without the expressed written approval of the Police Chief.

Conduct of Informal VSA Examinations Voice Stress Analysis in some instances, can be effectively applied to audible analog or digital voice recordings or live time. Such applications may be effective during undercover, covert or intelligence operations in support of investigative objectives. Such use and analysis alone is not sufficient to establish reasonable suspicion or probable cause, and therefore is not retained as part of the investigative file.

Page 5 of 6 Law Enforcement Policies and Procedures, 8.16 Polygraph & Voice Stress Analyzer Interviews

Investigators are cautioned to check the 1-party, 2-party requirements of the state in which they are operating in and the physical location of the subject being recorded or analyzed, and see Covert Electronic Recording policy. Also review any applicable laws with the supporting prosecutor that may apply to VSA use, before tactical deployment of the process.

Page 6 of 6 Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Internal Compliance Policy Number: 8.17 Enforcement [ICE] Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Olmos Park Police Department expeditiously investigates complaints against agency employees who are credibly alleged to have breached professional practices, policies and procedures, orders and instructions, or criminal law. Investigators assigned to inquire into these matters endeavor to protect the rights of those making allegations, implicated employees, and witnesses.

DEFINITIONS:

 Internal Compliance Enforcement - A division or function of a law enforcement agency investigates incidents and plausible suspicions of lawbreaking and professional misconduct attributed to officers on the force. In different systems, also referred to by another names such as internal affairs, professional standards, inspectorate general, office of professional responsibility or similar.

DISCUSSION:

Public confidence in this agency is vital to the continued accomplishment of our mission. Both perception and actuality play a vital role in maintaining public trust. As a result, this agency diligently investigates allegations of wrongdoing made against any employee of this agency.

1 Garrity vs. New Jersey, 385 U.S. 493 (1967), decided in 1966 by the United States Supreme Court.

Page 1 of 6 Law Enforcement Policies and Procedures, 8.17 Internal Compliance Enforcement [ICE]

Our agency strives to maintain an open channel of communication between the citizens we serve and our officers. A major part of this communication is constantly reassuring those with a complaint that their voice is to be heard, that we listen, and if a wrong has occurred, corrective action is to be taken. To do otherwise invites other law enforcement agencies or citizen groups to conduct their own inquiries and pass judgment. In our community, we are expected to police ourselves, and always act professionally.

The public needs to know that we can be relied upon to investigate ourselves, correct deficiencies, and punish violators when necessary. Supervisors are reminded that internal compliance enforcement (ICE) processes and compliance investigations are not a substitute for good supervision and management. This policy and procedure is not intended to relieve a supervisor or manager from their responsibility to oversee employee conduct. Nor does it relieve fellow officers from their responsibility to prevent violations of agency policy, the law, or a citizen’s constitutional rights.

PROCEDURES:

Internal Compliance Enforcement (ICE) Function: ICE inquiries are performed on a pro-active basis. This agency initiates compliance investigations whenever a concern is raised regarding officer conduct or ethics. All inquiries are conducted with the direct authority and support of the Police Chief. Priority is accorded to the more serious events. These complaints may come from individual citizens, government officials, the courts, fellow officers, or as directed by the Police Chief. On occasion state or federal investigators may request the assistance of internal affairs investigators with inquiries they have initiated.

ICE processes and investigations are confidential. As such, they are only divulged with limited distribution and then only a need to know basis. ICE files are maintained in secure offices under lock and key with restricted access. This permanent file includes as a minimum the following: 1. ICE inquiry number; 2. Type of complaint; 3. Date received; 4. Name(s) of accused; 5. Name of complainant; 6. Written statement of the complainant (if any); 7. List and identification of witnesses; 8. Results of the investigation; 9. Statements and evidence; 10. External agency review (if any), or follow-on inquiry; 11. Criminal referral (if any); & 12. Final disposition. Classification of Complaints:

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Law Enforcement Policies and Procedures, 8.17 Internal Compliance Enforcement [ICE]

ICE inquiries and complaints are initially classified under one of the following categories. This classification may change as more information becomes available to investigators. Classifications are: 1. Class One: Serious or criminal misconduct that alleges needless or excessive force, brutality, violations of criminal law, corruption, breach of civil rights, abuse of authority, intentional discrimination or harassment, falsifying documents, accepting a bribe, critical failure to comply with policy or procedures, failing to obey a direct order that results in harm, theft, or fraud, and other instances so classified by the Police Chief. 2. Class Two: Complaint that alleges inadequate public service, discourtesy, improper procedure, failing to comply with policy or practices, failing to obey a direct order, failing to supervise, and other less serious and non-criminal conduct as classified by the Police Chief. 3. Class Three: A use of deadly force by an officer of this agency is subject to an administrative investigation as a matter of policy, regardless of whether or not a formal complaint has been filed. The conduct of a Class Three inquiry is not indicative that a wrong or violation is suspected.

Due Process: The agency investigates both formal and informal complaints on a pro-active basis. Investigators follow proper procedures when interviewing an accused employee, and uphold and defend the legal rights of employees as afforded by due process. If it is determined an accusation may be malicious and false, the Police Chief may limit the investigation to substantiating that the complaint is unfounded. Furthermore, criminal charges may be pursued against anyone filing a false or malicious complaint, or for willfully and knowingly, whether orally or in writing, making or causing to be made any false, fictitious, or fraudulent statement or statements to a governmental authority.

All complaints made by citizens or outside authorities are to be in writing, and signed sworn, and witnessed by the person(s) making the original complaint. The Police Chief may direct the initiation of an ICE inquiry verbally or in writing. In those instances where the order is verbal, the ICE investigator receiving the directive opens the case file, and documents the instructions received.

When an employee is issued a formal notice that they are the target of an internal compliance investigation, the employee is correspondingly notified of the nature and current disposition of that complaint. At the discretion of the Police Chief this or any notice may be withheld based on the depth of the investigation, risk to others, coordination with other law enforcement agencies, or the nature of the alleged violation.

Disciplinary action, based solely on the original complaint is not being taken against the employee unless a copy of the signed complaint is given to the officer or employee before such action is taken.

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Law Enforcement Policies and Procedures, 8.17 Internal Compliance Enforcement [ICE]

Taking a Complaint: Any employee who receives a complaint against them or another employee alleging substandard service, misconduct, or failure to comply with a policy or directive provides the complainant with procedures to initiate the complaint. Employees do not attempt to discourage filing of a complaint. When presented with a complaint, employees: 1. If not a supervisor, immediately refer the citizen to the agency to file the complaint with the employee’s supervisor; 2. If a supervisor, record complaints on an Interview Form; 3. Collect and attach any evidence or documentation the complainant may have or has access to; 4. Never advise a complainant to make the complaint at a later time; 5. Make arrangements for the complainant to talk to the Police Chief or his designee, if the complainant so wishes; 6. Request identification, address and phone number from the complainant to be forwarded to the Police Chief to facilitate a follow-up inquiry; 7. Advise the complainant that the report is forwarded to the Police Chief or designee, who either investigates the complaint, or assigns the responsibility to other personnel; 8. Inform the complainant contact is made within five [5] days concerning the allegation; 9. Establish whether the complainant is a suspect, witness, or defendant in the matter complained about; 10. Immediately give the complainant a Constitutional Rights [Miranda] Warning, if the complainant is a suspect in this or a related crime; 11. Provide the information to an immediate supervisor at the end of the shift in a sealed envelope; & 12. Not discuss the allegation or the report with anyone until contacted by command staff or an investigator. If not contacted within four [4] working days, refer the matter directly to the Police Chief.

Garrity Rights:

Employees cooperate with ICE inquiries conducted by this agency, and support the maintenance of good professional standards. It is within the rights of employees of this agency to invoke the Garrity Rule when they deem it appropriate.

By invoking the Garrity Rule, the employee is invoking his or her right against self- incrimination. Any statements made after invoking Garrity, may only be used for internal investigation purposes and not for criminal prosecution purposes. Technically, there are two prongs under the Garrity: 1. If an officer is compelled to answer questions as a condition of employment, the officer's answers and the fruits of those answers may not be used against the officer in a subsequent criminal prosecution; &

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Law Enforcement Policies and Procedures, 8.17 Internal Compliance Enforcement [ICE]

2. The department becomes limited as to what they may ask. Such questions are to be specifically, narrowly, and directly tailored to the officer's job.

Thus, the basic thrust of Garrity is that an agency member may be compelled to give statements under threat of discipline or discharge but those statements may not be used in the criminal prosecution of the individual officer. This means that the Garrity Rule only protects a department member from criminal prosecution based upon statements he or she might make under threat of discipline or discharge. It does not necessarily protect the employee from criminal prosecution based on other evidence gained through other unrelated investigative processes.

As a practical matter, when an employee invokes their rights under Garrity, ICE investigators should advise the Police Chief, who considers referral of the matter to criminal prosecutors having jurisdiction and possible interest in the matter. The Police Chief determines the future course of the inquiry.

Relief of Duty & Administrative Leave: Employees who are the subject of ICE inquiry may be relieved from duty and placed on administrative leave. Pay status is determined based upon the provisions of law, policies of this agency, or as determined by the Police Chief.

The highest-ranking supervisor on duty at the time a complaint is received has the authority to relieve an employee from duty with pay, if required. The Police Chief has the sole discretion to suspend pay. If the incident for which the employee is relieved involves an allegation the employee is intoxicated or impaired, an on-duty officer (preferably a supervisor) provides transport for the employee to the employee’s residence or jail, depending on the nature of the allegations. Prior to transport, the employee is relieved of any weapons and is instructed to not to perform any law enforcement or detention duties until advised otherwise by the Police Chief.

Dependant on agency policy, if the employee is suspected of being impaired, he/she may be required to provide a blood or urine sample for testing.

Employees and officers placed on administrative leave are notified in writing of their leave status, and the conditions under which leave is to be administered. This correspondence normally details: 1. Effective date(s); 2. Retention, limitation, or termination of law enforcement authority; 3. Disposition or return of agency and law enforcement identification; 4. Disposition or return of any issued equipment or uniform items; 5. Pay status; 6. Clarification or restrictions regarding any off-duty employment; 7. Any limitation or conditions as to movement or contacting witnesses, complainants, or other employees of the agency;

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Law Enforcement Policies and Procedures, 8.17 Internal Compliance Enforcement [ICE]

8. A statement confirming that the conditions of the leave are subject to review, and may change; &, 9. Any other condition deemed appropriate by the command staff or Police Chief.

Disposition of Complaints: Classifications of dispositions determined by the internal compliance enforcement investigators are: 1. Unfounded - Allegation is false or not factual; 2. Sustained - Enough information to support the allegation as factual; 3. Not Sustained - Not enough information to support or refute the allegation; 4. Exonerated - Incident happened, but employee’s actions were proper, consistent with policy and lawful; or, 5. Sustained/Other - There was misconduct by the employee other than that which was alleged.

In those instances where investigators determine there exists probable cause to believe that a local, state, or federal law has been violated by an officer or employee, the Police Chief is briefed within twenty-four [24] hours with a statement of the issues and elements of the crime(s). The Police Chief makes timely determinations regarding the future course of the inquiry and potential referral to a law enforcement agency for further investigation and possible prosecution. Likewise, the Police Chief may acquire the services of an outside entity to conduct compliance reviews or inquiries in support of internal ICE investigations.

Reporting & Statistical Analysis: The Police Chief and staff monitor complaints alleged against employees, and may direct the compilation of statistical summaries or reports to assist in oversight responsibilities. This report may be provided to command officers, supervisory personnel, officers, or the public at the discretion of the Police Chief. Trends or patterns of complaints may indicate the need for officer assistance, discipline, remedial training, or changes to agency policies and procedures or methods of operation.

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Olmos Park Police Department

Garrity Warning

1. I am being questioned as part of an internal compliance investigation by this agency into potential violations of agency policies, rules, practices, regulations, or for my fitness for duty. This inquiry concerns:

______

2. I have invoked my Miranda Rights because I might incriminate myself in a criminal matter.

3. I have been granted use immunity. No answers given by me, nor evidence derived from the answers, may be used against me in any criminal proceedings, except for perjury or false swearing.

4. I understand that I must now answer questions specifically, directly and narrowly related to the performance of my official duties or my fitness for office.

5. If I refuse to answer, I may be subject to discipline for that refusal which can result in my dismissal from this agency.

6. Anything I say may be used against me in any subsequent agency charges.

7. I understand I have the right to consult with a representative of my choice, and have them present during the interview(s).

Date: ______

Location: ______

Signature of Employee ______

Name of Employee ______

Witnessed by: ______

Signature of Witness: ______

Approved by: ______

Approval Signature: ______

LOCKUP Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Lockup & Intake of Detainees Policy Number: 9.01

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

Intake and lockup processing of detainees is accomplished in an efficient manner that combines firmness, with respect for the rights and needs of the person being detained. During the intake process, arresting or transporting officers of Olmos Park Police Department work closely and support the officer completing the intake process by controlling their arrested or transported prisoner.

DEFINITIONS:

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

 Jail - A central detention facility operated by the Police Chief or Jailer of a County.

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

PROCEDURES:

Detainees Taken to a Lock-up: No weapons (firearms, batons, knives, gas devices, etc.) are allowed in the detention area. 1. When delivering detainee, weapons are secured in lockers, if provided or in the trunk of the patrol vehicle before entering the secured portion of the detention area. 2. When removing detainee from the jail or lock-up, weapons are placed in lockers before entering the secured areas of the facility. After securing the detainee, weapons are retrieved at which time the detention officer turns the detainee over to the officer.

Page 1 of 2 Law Enforcement Policies and Procedures, 9.01 Lockup & Intake of Detainees

Duties of Arresting Officer: A detainee remains with and under the responsibility of the arresting officer until the detention officer accepts custody of the detainee. When any officer is delivering a detainee to the facility, he or she remains with the detainee until accepted by the booking officer. The arresting officer: 1. Assists the booking officer during the intake process by controlling his prisoner; 2. Provides an arrest report or arrest warrant, filled out clearly and legibly by the officer, prior to releasing the arrested subject to the booking officer; 3. In cases of multiple arrests, an arrest report is completed for each detainee; & 4. After the booking officer has accepted custody of the detainee and the arresting officer has given him the arrest report, the booking officer is then responsible for custody of the prisoner, and not before.

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Olmos Park Police Department Law Enforcement Policies and Procedures

Subject: Bail Bonds Policy Number: 9.04

Issue Date: Revision Date:

Approval Authority Title and Signature:

POLICY:

No employee of Olmos Park Police Department, directly or indirectly, recommends or arranges for a bondsman or post bond for any person charged with an offense unless the arrested person is a member of the employee's immediate household.

PROCEDURES:

General Guidelines: Bail bond procedures are established by the Judges of the State, County, and/or Municipal Courts, and are not a police function. Any questions concerning bond procedures, including recognizance bonds, should be referred to your immediate supervisor. Officers may not recommend a particular bail bondsman, or provide preferential treatment to any particular bondsman.

A complete and updated list of all licensed or approved practicing bail bond companies is kept in the booking or intake processing area and made available for arrestees, incarcerated individuals, and their families.

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