HERNDON POLICE DEPARTMENT
DIRECTIVES MANUAL
FOREWORD
The directives of the Herndon Police Department are included in this manual, separated into sections for Rules and Regulations, General Orders, and Standard Operating Procedures. The guidance and responsibilities outlined in these directives are expected of all department members, sworn and non- sworn, as applicable, and are intended to achieve the department’s mission.
It is essential that all department members be thoroughly familiar with these directives. It shall be understood that directives cannot cover every situation that may arise in the performance of duty; but rather, it is intended as a guide in matters of accountability for actions taken, decisions made, and conduct demonstrated. The judicious exercise of discretion is often required, supplemented by individual training and experience. Violations may be grounds for disciplinary action.
The directives contained in this manual are issued under the authority of the Chief of Police and will remain in full force and effect until modified or repealed. The right to alter, amend, revise, or rescind directives is reserved exclusively for the Chief of Police.
Colonel Maggie A. DeBoard Chief of Police
CORE PURPOSE
Preserve the public peace and protect the rights of individuals.
VALUES
WE BELIEVE...
the highest moral and ethical standards are the cornerstone of the agency, and all members are expected to adhere to these standards;
the employees are the most important asset of the agency and only through teamwork, mutual respect, and cooperation can the community be best served;
the capability to achieve is determined by the motivation, diversity and quality of the workforce; therefore, we seek to recruit and retain individuals who possess superior qualities;
the agency must enhance the skills of all personnel to ensure motivation, creativity, dedication and professionalism, while creating an atmosphere of job satisfaction, enthusiasm, security and personal career development;
the role of the police is determined by the community it serves; through a partnership with the citizens, the agency improves the quality of life through control and reduction of crime;
the police and the community share in the responsibility for crime control and public safety;
the agency must seek to collaborate with neighborhoods to better understand the nature of local problems and to develop meaningful and cooperative strategies to solve these problems;
available resources, both personal and financial, will be expended with maximum efficiency in order to provide optimum service to the citizens of the Town of Herndon;
state of the art technologies and up-to-date training are essential for the maintenance and enhancement of police service delivery to the citizens of the community. MISSION STATEMENT
To enrich the quality of life and promote a sense of community by providing law enforcement and related services in partnership with the law-abiding public
OATH OF OFFICE FOR SWORN MEMBERS
I, [Officer’s Name], do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge all the duties incumbent upon me as a Police Officer according to the best of my ability, so help me God.
LAW ENFORCEMENT OFFICER’S CODE
AS A LAW ENFORCEMENT OFFICER, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality, and justice.
I WILL keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.
I WILL never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.
I RECOGNIZE the badge of my office as a symbol of public faith, and I accept it as a public trust to be held as long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession...law enforcement.
PUBLIC SAFETY TELECOMMUNICATOR’S CODE
As a Public Safety Telecommunicator, I am dedicated to serve the public; to safeguard life and property; to keep my personnel informed on all calls that may require their attention; to assist all public safety vehicles and personnel in the performance of their duties; assure that all rules and regulations which govern my position are not violated in any manner.
I will keep my private and social life free from all criticism; maintain a calm attitude during times of stress and emergencies; develop self-control and be constantly mindful of the welfare of others, regardless of race, creed, or religion. I will obey the laws of the land, rules, and regulations of the Federal Communications Commission and my department. Whatever information I receive of a confidential nature will be revealed only in the official performance of my duties.
I will never act in a selfish or unofficial manner or let my personal feelings, friendships, prejudices or animosity influence my decisions. I will enforce the rules and regulations of my department and the Federal Communications Commission without fear, favor or ill will, never employing unnecessary force and never accepting gratuities.
I recognize the high responsibility of my position as a symbol of public faith and trust and will accept it to be held as long as I am faithful to the ethics of public safety service. I will constantly strive to achieve those objectives and ideals, which govern my profession, dedicating myself, before God, to my chosen profession, public safety telecommunications.
RULES AND
REGULATIONS
HERNDON POLICE DEPARTMENT
RULES AND REGULATIONS
TABLE OF CONTENTS
CONDUCT 100.1 Truthfulness 100.2 Conduct Unbecoming 100.3 Immoral Conduct 100.4 Human Relations 100.5 Sexual Harassment 100.6 Harassing Language/Acts 100.7 Social Media 100.8 Public Appearances 100.9 Publicity and Endorsements 100.10 Financial Responsibility 100.11 Gifts/Bribes 100.12 Abuse of Power or Position
PERFORMANCE OF DUTY 100.13 Reporting for Duty 100.14 Performance of Duty 100.15 Emergency Duty 100.16 Duty to Report Violations 100.17 Loafing 100.18 Sleeping on Duty 100.19 Fraternization 100.20 Sexual Activity 100.21 Malingering 100.22 Leave Requests 100.23 Use/Abuse of Substances 100.24 Public Requests for Assistance
HERNDON POLICE DEPARTMENT
RULES AND REGULATIONS
TABLE OF CONTENTS
ORDER AND AUTHORITY 100.25 Chain of Command 100.26 Accountability 100.27 Knowledge and Conformance to Directives 100.28 Obedience to Orders/Insubordination 100.29 Improper or Unlawful Orders 100.30 Conflicting Orders 100.31 Off Duty Police Action 100.32 Off Duty Employment
CARE, CUSTODY, AND ASSOCIATIONS 100.33 Detainee Safety 100.34 Care of Property 100.35 Professional Conflicts 100.36 Questionable Associations 100.37 Outside Transactions
APPEARANCE, EQUIPMENT, AND PROPERTY 100.38 Appearance 100.39 Department Property 100.40 Personal Firearms 100.41 Alteration and/or Repair of Firearms 100.42 Department Cell Phones
HERNDON POLICE DEPARTMENT
RULES AND REGULATIONS
TABLE OF CONTENTS
ADMINISTRATION 100.43 Department Identification 100.44 Contact Information 100.45 Training 100.46 Submitting Reports 100.47 Altering Records or Reports 100.48 Security of Official Records 100.49 Reporting Member Arrests or Court Actions 100.50 Accepting Compensation for Damages 100.51 Civil Action, Court Appearances, Reporting Service of Process 100.52 Civil Depositions and Affidavits 100.53 Civil Cases
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CONDUCT <26.1.1>
100.1 Truthfulness Department members shall be truthful and forthright when questioned by competent authority, not practicing deceptive conduct or speech that omits material facts, and not engaging in deliberate acts of dishonesty. Department members shall be trustworthy and act with integrity in the exercise of authority, responsibility, and discretionary power. Exceptions may include actions that are necessary in the performance of an official investigation.
100.2 Conduct Unbecoming Department members shall always conduct themselves, both on and off duty, in a manner that reflects favorably on the department. Conduct unbecoming shall include any behavior that brings the department into disrepute; reflects discredit upon a member of the department; or impairs the operation or efficiency of the department’s mission.
100.3 Immoral Conduct Department members shall not participate in any crimes involving moral turpitude (acts or behavior that have an inherent quality of baseness, vileness, or depravity that violates the duty to others and society), which will impair a member’s ability to perform their duties and cause the department to be brought into disrepute.
100.4.1 Human Relations Department members are expected to perform their duties in a respectful manner exercising patience and good judgment and maintaining proper conduct and temperament. Department members shall refrain from harsh or profane language or acts and shall not express any prejudice concerning race, religion, politics, origin, lifestyle, or similar personal characteristics. Biased treatment based on race, culture, religion, national origin, age, gender, or disability will not be tolerated.
100.5 Sexual Harassment <26.1.3> Sexual harassment is a form of discrimination having the purpose or effect of creating an intimidating, hostile, or abusive environment and is strictly prohibited towards the public, detainees, or any member of the department. 1) Comments, innuendoes, statements of a sexual nature, any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature shall not be tolerated. 2) Department members shall adhere to AR-1-19 and follow procedures outlined to report such incidents.
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100.6 Harassing Language and Acts <26.1.3> Department members shall not use language or engage in acts that demean, harass, or intimidate others.
100.7 Social Media The following principles shall apply to department member’s professional and personal use of social media as it reflects or affects the Herndon Police Department. 1) Department members must know and adhere to AR 1-38 – Use of Electronic Communications Service and Social Media, as well as department policies governing the security and release of its records, information, images, recordings, or activities. 2) Department members shall not post or publish content (information, images, recordings, and material, including expressions of preference) that is inappropriate or harmful to the department, the town, its employees, or its service area. Department members are responsible for the effect their actions and interactions in social media may have on their personal and professional reputation and the resulting effects on the mission and effectiveness of the department. 3) Department members will be held accountable for content posted, published or made available through social media. Posting or publishing content that is unauthorized, confidential, restricted, or that tarnishes or demeans the department’s mission and core values or interferes with operational effectiveness will be subject to discipline. 4) Department members may repost or publish content obtained from the department’s social media to promote the department’s efforts to communicate important information, engage and interact with the community, and build partnerships. Express permission should be sought prior to posting or publishing content that may be contrary to the principles set forth.
100.8 Public Appearances 1) All requests for public appearances, presentations, etc. must be reviewed and approved by the respective division commander through the chain of command. 2) Department members shall not address public gatherings, appear on radio or television, prepare any articles for publication, act as correspondents to a newspaper or a periodical, release or divulge investigative information, or any other matters of the department while representing themselves as a member of the department in such matters without proper authority.
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100.9 Publicity and Endorsements 1) Department members shall not use their position to enhance or promote any private enterprise or to seek personal publicity without the approval of the Chief of Police. 2) Department members shall not use their position to recommend or suggest the employment or procurement of a product or service. 2) Department members shall not authorize the use of their names, photographs, or official titles that identify them as members of the department in connection with testimonials or advertisements of a commodity or commercial enterprise without the approval of the Chief of Police. 3) Department members shall not use their position to endorse political candidates, nor shall they use their position to solicit, directly or indirectly, funds or other services in support of a political issue. Personnel shall not use their official capacity in any manner to influence the outcome of any political issue.
100.10 Financial Responsibility 1) Department members should pay all just debts when due and not undertake any financial obligation that they know or should know they will be unable to meet. Evidence of serious financial difficulties that may include garnishment or other actions that affect wages is contrary to the integrity of the department’s mission and may be subject to internal review. 2) Officers shall submit financial disclosure statements when ordered to do so by the Chief of Police or a division commander, and when such order is within the limitations of Virginia Code 9.1-503 – Personal Assets of Officers, in conjunction with an administrative investigation.
100.11 Gifts/Bribes 1) Any gift of value that comes into the possession of a department member in the performance of their duty, shall be forwarded to the department member’s division commander with a memo explaining the circumstances. The division commander shall inform the Chief of Police and a determination will be made as to the disposition. 2) Department members shall not accept, directly or indirectly, any gift of value from any individual or business that has the potential to influence the member in the impartial performance of their duty.
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100.12 Abuse of Power or Position 1) Department members shall not use their official position or identification for personal or financial gain, for obtaining privileges, or avoiding consequences of illegal acts. 1) Department members shall not solicit meals, beverages, services, or other material benefits at a discounted rate or at a rate lower than what is offered to the general public by virtue of their position with the department. 2) Department members shall not solicit the influence or intervention of any individual or business for personal advantage, appointment, advancement, or preferential treatment.
PERFORMANCE OF DUTY
100.13 Reporting for Duty Department members shall report for duty at the time and place required by assignment or orders and shall be properly attired, equipped, and prepared to perform their duties. Members shall be cognizant of information, instructions, or orders required for the proper performance of duty.
100.14 Performance of Duty Department members shall effectively perform their duties and responsibilities required of their positions or as directed by law, ordinance, department rules and regulations, policy or procedure (general order, standard operating procedure), applicable directive, or by order of a supervisor. All lawful duties required by competent authority shall be performed promptly as directed while maintaining the highest standards to accomplish the objectives and mission of the department.
100.15 Emergency Duty Emergency duty may be accomplished by on-call or call-back status. Emergency duty compensation will be determined pursuant to the town’s administrative regulation. 1) On-Call – Department members assigned to on-call status shall ensure contact information is current and that the Communications Section has the correct telephone number for immediate contact. Department members shall respond to the department within one hour if called. 2) Call-Back - Department members will be subject to call-back duty during an emergency or special situation upon notification. Department members notified of call-back status will receive important information concerning the incident, any operational needs, and call-back scheduling.
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100.16 Duty to Report Violations Department members who have knowledge of other department members, individually or collectively, who knowingly or unintentionally violate directives, disobey orders, or are derelict in their duties, shall present any and all facts pertaining to the matter to the attention of a supervisor who shall then take appropriate action. A department member may directly advise the Chief of Police of the violation(s). <1.2.10>
100.17 Loafing 1) Department members shall not waste time while on duty in counterproductive activities that do not support legitimate purposes or serve the mission of the department in order to evade their duties and responsibilities. 2) Department members shall not intentionally extend the performance of duty in order to earn compensatory time or overtime compensation.
100.18 Sleeping On Duty Department members shall remain awake and alert while on duty; however, if unable to do so, they shall report to their supervisor who will determine a course of action.
100.19 Fraternization 1) The department will avoid placing members in a supervisory/subordinate reporting capacity that have a family (pursuant to AR 1-15) or personal relationship (dating, engaged, sexual/romantic relationship, cohabiting) to prevent any real or perceived inequity of treatment or that could cause a conflict of interest or compromise safety. 2) Department members shall report any supervisory/subordinate assignments that have a family or personal relationship to their respective division commander or to the Chief of Police.
100.20 Sexual Activity Engaging in sexual activity while on duty, or on department property on or off duty, is prohibited.
100.21 Malingering Department members shall not pretend, deceive, or falsely report sickness, illness, injury, or disability that would entitle them to evade work or access benefits for themselves or family members.
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100.22 Leave Requests 1) Planned leave requests (such as annual, compensatory leave) should be made to the department member’s immediate supervisor at least 48 hours in advance of the scheduled leave. 2) Unplanned leave requests (such as sick leave) shall be made by voice contact (no texting) to the department member's immediate supervisor, or the on-duty squad supervisor if the immediate supervisor is not available, at least two hours prior to the scheduled reporting time for duty. A certifying statement from a physician may be required if there is a question concerning the legitimacy of the requested sick leave.
100.23 Use/Abuse of Substances Tobacco 1) Sworn members shall not use tobacco products on or off duty as a condition of employment. Civilian members are not similarly bound by a prohibition but are allowed reasonable accommodation in designated smoking areas while on duty. Alcohol 2) Department members shall not purchase, store, or bring alcohol on department property except in the performance of official duty. 3) Alcoholic beverages shall not be consumed off duty to the extent that it results in impairment, intoxication, or offensive behavior that discredits them or the department, or renders the member unfit to report for duty. 4) In the event of emergency duty, any department member who believes they are legally impaired must notify the on-duty supervisor, who will make a determination on the appropriate reporting time. Drugs 5) Department members shall not possess or use any controlled substances, narcotics, or other drugs except as prescribed for treatment by a physician or dentist. It shall be the member’s responsibility to ascertain if a drug could affect or impair their ability to perform duty and notify their supervisor prior to reporting for duty. Testing and Screening 6) Department members are subject to alcohol testing or drug screening pursuant to the town’s administrative regulations. Failure to immediately comply with the requirements of this program may result in disciplinary action.
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100.24.1 Public Requests for Assistance When anyone requests assistance or advice, makes complaints or reports, all pertinent information will be obtained in a professional and courteous manner and acted upon properly and judiciously, consistent with established procedures.
ORDER AND AUTHORITY
100.25 Chain of Command Department members are directly accountable for their actions and responsibilities to their chain of command and to members under their supervision.
100.26 Accountability 1) Department members shall treat superiors, subordinates, and associates with respect, offering assistance when appropriate, and fostering cooperation and coordination in working interactions. 2) Supervisors are to provide leadership and direction, monitor job performance, and are accountable for the activities of the members under their supervision.
100.27 Knowledge and Conformance to Directives 1) All department members are required to establish and maintain a working knowledge of laws, ordinances, rules and regulations, policies, procedures (general orders and standard operating procedures), and other directives that are necessary for the proper execution of their duties. 2) Department members shall observe, obey, and be held accountable to all directives that affect their required performance and the execution of their duties and responsibilities. 3) It will be presumed that department members are familiar with applicable directives in the event of actions or omissions constituting a violation. Violations of directives may be grounds for disciplinary action. A conviction for a violation of law shall constitute prima facie evidence of a violation of this section.
100.28 Obedience to Orders/Insubordination 1) Department members shall obey any lawful order of a supervisor, to include orders relayed from a ranking supervisor by other members of the department. Orders may be conveyed directly or received through various means of communication. 2) Defiance of lawful authority or disobedience to orders constitutes insubordination. <12.1.3>
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100.29 Improper or Unlawful Orders 1) Department members shall not issue any order that is in violation of any law, statute, ordinance, or other department directive. 2) Department members shall not obey any order that they know or should know would require them to violate department directives or commit an illegal act. Responsibility for refusal to obey an order rests with the member, and justification for actions of refusal shall be required. If in doubt of propriety or legality, members shall request the issuing member to clarify the order or confer with a higher-ranking member. <12.1.3>
100.30 Conflicting Orders Department members who are issued an otherwise proper order that conflicts with a previous order, shall respectfully inform the issuing member of the conflict. If the issuing member does not alter or retract the conflicting order, the latest order shall stand. The responsibility for the conflict rests upon the issuing member. Department members shall obey the conflicting order and shall not be held responsible for disobedience to the order previously issued.
100.31 Off Duty Police Action Sworn department members shall not use their police powers in an off-duty capacity except under exigent circumstances that would justify the need for immediate action or aid, consistent with state law and departmental policy.
100.32 Off Duty Employment Department members may engage in off duty employment if approved by the Chief of Police and Town Manager. Off duty employment shall not interfere or conflict with department employment.
CARE, CUSTODY, AND ASSOCIATIONS
100.33 Detainee Safety 1) The arresting officer is responsible for the safety and protection of the detainee while they are in custody. The officer shall, as soon as possible, notify a supervisor of any injury, apparent illness, or other conditions that indicate that the detainee may need emergency care. Officers charged with the custody of detainees shall observe all laws and department orders in connection with detainee safety. Detainees shall be kept secure, treated in a humane manner, and not be subjected to unnecessary restraint or force. 2) Arresting officers are responsible for the custody of their detainee until custody is assumed by other competent authority. This responsibility includes the HERNDON POLICE DEPARTMENT
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prevention of acts by any other member of the department which violates the law or department directives. 3) Any member who has knowledge of any violation of this provision shall immediately report the violation to their division commander.
100.34 Care of Property The arresting officer is responsible for the security of a detainee's personal property on or about their person from the time of arrest. Except for vehicles, this responsibility shifts to other competent authority when custody is transferred.
100.35 Professional Conflicts 1) Department members shall not divulge in any manner, either directly or indirectly, any information that might assist individuals suspected or guilty of criminal acts from escaping arrest or punishment, or with information that may enable them to dispose or secrete money, merchandise, property unlawfully obtained, or other evidence of illegal activity. 2) Department members shall not interfere with the lawful process or administration of criminal cases. 3) Department members shall not disclose the identity of officers acting in an undercover or investigative capacity. 3) Department members shall not suggest, recommend, advise or otherwise counsel any person with whom they encounter as a result of police action, recommendations of an attorney or bail bondsman. 4) Department members are prohibited from acting as the indemnitor for a bail bond for anyone other than a relative.
100.36 Questionable Associations Department members shall avoid regular or continuous associations or dealings with individuals whom they know or should know that are under criminal investigation or indictment or have a reputation in the community or the department with criminal behavior or involvement. Exceptions may include associations or dealings that are necessary in the performance of an official investigation or with family members.
100.37 Outside Transactions Department members are prohibited from buying or selling anything of value to any complainant, suspect, witness, victim, defendant, detainee, or other person involved in any case that has come to the attention of the department. Exceptions must be authorized by the Chief of Police.
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APPEARANCE, EQUIPMENT, AND PROPERTY
100.38 Appearance Clothing and appearance on duty shall be appropriate for the position or assignment. Sworn department members shall display appropriate badge, name plate, rank insignia, as applicable.
100.39 Department Property 1) Department property consisting of uniforms, equipment, weapons, digital devices, etc. is issued or assigned to members to be used for its intended purpose, in accordance with department directives, training, or manufacturer’s operating guidelines. 2) Department members are held accountable for the proper care, security, use, and maintenance of department property and shall not abuse, damage, or handle in a careless manner. Negligent handling may be subject to disciplinary action. 3) Department members shall immediately report lost, damaged, or inoperative property to their supervisor, through the chain of command.
100.40 Personal Firearms 1) Personal firearms may be utilized as a secondary firearm by sworn department members on duty with approval of the armorer, firearms supervisor, and the Chief of Police, following documented annual qualification and demonstrated proficiency. 2) Civilian department members are prohibited from possessing firearms on police department property, in police vehicles, or while conducting department business, except when specific authorization has been granted by the Chief of Police.
100.41 Alteration and/or Repair of Firearms Only qualified and trained armorers, appointed or approved by the Chief of Police, shall alter or repair firearms issued or approved by the department. No firearm issued or approved by the department shall be taken to an outside source for alterations or repairs of any kind. Officers shall be responsible for the care, security, and maintenance of department issued or approved firearms.
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100.42 Department Cell Phones 1) Supervisors and authorized department members are issued department cellular phones to facilitate efficient communications and augment job responsibilities. 2) Software updates must be maintained. Unauthorized software or firmware is not permitted and shall not be allowed access. Any unauthorized access to criminal justice information must be reported to IT. 3) All recordings generated on the device are the property of the department and may be subject to retention or disclosure. 4) Damage or loss must be immediately reported to IT and the member’s supervisor, through the chain of command. 5) While on duty, department members shall review and respond daily to calls, information posted through email, messages, or other electronic information. 6) While off duty, department members are encouraged to review information communicated through the department cellular phone. Overtime compensation may be authorized for placing or receiving work related calls and emails in excess of 10 minutes as required by a supervisor when 80 regular hours in the pay period have been exceeded.
ADMINISTRATION
100.43 Department Identification 1) All department members are issued an identification card. Identification cards display the person’s name, job position/rank, civilian or sworn status, and a facial photograph. 2) All sworn members are issued credentials that identify them as a Herndon Police Department law enforcement officer. 3) Department members, while acting in an official capacity, shall produce their identification or credentials upon request, authenticating themselves as a department member. EXCEPTION: Sworn members acting in an undercover capacity shall rely on training and discretion regarding authenticating identification. 4) Department members shall provide verbal identification over the phone, as a matter of courtesy. <22.1.8>
100.44 Contact Information Department members shall ensure that the department has their current home address (no post office boxes) and a working personal telephone number(s). A change in contact information must be reported within 24 hours to the Office of the Chief of Police. Contact information of department members shall not be released to anyone outside of the department.
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100.45 Training Department members shall attend training as mandated or directed by the department, Chief of Police, or competent authority. Such attendance is considered a duty assignment.
100.46 Submitting Reports Department members shall submit all reports required as a part of the performance of their duties or as required by competent authority on time and in accordance with established procedures.
100.47 Altering Records or Reports 1) Department members shall not intentionally falsify any official report, or enter, or cause to be entered, any inaccurate, false, or improper information in official records of the department. 2) Department members shall not alter or request any other person to alter or withdraw any report, letter, request, citation or other written communication that is or has been conducted through official channels. This restriction shall not preclude the correction of grammatical errors. No employee shall advise, counsel, order, or otherwise dissuade any other employee from submitting any lawful report.
100.48 Security of Official Records Department members shall not reveal law enforcement or department information except as permitted or as required by law or competent authority.
100.49 Reporting Member Arrests or Court Actions Department members shall report as soon as possible to their supervisor if they have been arrested or court action has been initiated against them. Within 24 hours, the member shall report the information in writing to the Chief of Police through the chain of command.
100.50 Accepting Compensation for Damages Department members shall not seek, by filing suit or through other means, nor accept from any person or agency, any money or other compensation for damages or expenses incurred in the line of duty or for which the employee has received benefits, without previously notifying the Chief of Police in writing of the employee's intended course of action. Such notification shall also occur upon the final disposition of any suit in which an employee is awarded compensation for damages or expenses incurred in the line of duty.
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100.51 Civil Actions, Court Appearances, Reporting Service of Process 1) Department members shall not testify in civil actions unless served with a legal subpoena. This shall not apply to cases in which the member is the plaintiff or where the member is related to the defendant by blood or marriage. 2) Department members shall not enter into any financial agreement regarding appearances as witnesses in any civil action except as authorized by the Chief of Police. 3) Any member named as a defendant who is served with a civil process, or any member who is served with a subpoena to testify as a witness in a civil action, shall immediately notify the Chief of Police by forwarding a brief memorandum which indicates that civil process or a subpoena was served and which details the date and method of service. A copy of the civil process or subpoena shall be attached to the memorandum.
100.52 Civil Depositions and Affidavits Department members shall confer with their division commander before filing a deposition or affidavit in any civil action resulting from the employee's performance of duty or relating to their position as a police officer. In the event of such action, or upon being named as a defendant or party in any civil case, employees shall notify their division commander by forwarding a brief memorandum with details of the action. The division commander shall notify the Chief of Police on all such actions.
100.53 Civil Cases Sworn members shall not serve civil process or assist in civil cases unless specific consent of the Chief of Police has been obtained. Officers shall avoid participating in civil disputes, particularly while performing their duties, but shall still be responsible for enforcing any laws or ordinances which may become applicable to the situation.
GENERAL
ORDERS HERNDON POLICE DEPARTMENT
GENERAL ORDERS
TABLE OF CONTENTS Administration Section Topic 200 ORGANIZATION AND ADMINISTRATION 201 PLANNING AND BUDGET 202 PUBLIC INFORMATION 203 INSPECTIONS 204 INTERNAL AFFAIRS AND DISCIPLINE 205 CJIS SECURITY POLICY 206 FREEDOM OF INFORMATION ACT (FOIA) REQUESTS
Operations Section Topic 300 LAW ENFORCEMENT ROLE AND AUTHORITY 301 USE OF FORCE 302 WEAPONS AND TACTICS 303 AUDIO AND VIDEO RECORDINGS 304 COMMUNITY ENGAGEMENT 305 PATROL OPERATIONS 306 OPERATION OF POLICE VEHICLES 307 TRAFFIC ENFORCEMENT 308 TRAFFIC SAFETY 309 DETAINEE PROCESSING 310 PARKING ENFORCEMENT 311 CANINE PROGRAM 312 CRIMINAL INVESTIGATIONS 313 SPECIAL INVESTIGATIONS 314 VICTIM/WITNESS ASSISTANCE 315 MISSING PERSONS 316 JUVENILE INVESTIGATIONS HERNDON POLICE DEPARTMENT
GENERAL ORDERS
TABLE OF CONTENTS
317 ENCOUNTERS WITH EMOTIONALLY DISTURBED PERSONS 318 DOMESTIC VIOLENCE 319 ARREST AND DETENTION OF NON-US CITIZENS 320 COMMUNICATIONS 321 LEGAL PROCESS 322 RECORDS AND REPORTS 323 PROPERTY AND EVIDENCE
Personnel/Training Section Topic 400 SPECIAL ALLOCATION OF PERSONNEL 401 SECONDARY EMPLOYMENT 402 UNIFORMS, EQUIPMENT, AND PERSONAL APPEARANCE 403 PERFORMANCE EVALUATIONS 404 TRAINING 405 AWARDS 406 CAREER DEVELOPMENT PROGRAM 407 RECRUITMENT AND SELECTION 408 PROMOTION 409 HERNDON POLICE CITIZENS SUPPORT TEAM 410 HEALTH AND BENEFITS
Herndon Police Department
GENERAL ORDERS
Administration Section 200 Effective Date: October 28, 2020 Page 1 ORGANIZATION AND ADMINISTRATION
I. POLICY
The department has an established organizational structure to provide an effective system for command, authority, and operational responsibility.
II. AGENCY JURISDICTION
The department’s jurisdiction in the Town of Herndon consists of 4.25 square miles set by corporate limits and located within western Fairfax County. A detailed map of the Town of Herndon is maintained and updated as needed in the CAD system and in the Communications Section. Officers shall be familiar with the jurisdiction’s boundary and limits.
III. ORGANIZATIONAL STRUCTURE <11.1.1>
The Herndon Police Department’s structure is comprised of the Office of the Chief of Police, the Field Operations Division, and the Support Services Division. The Office of the Chief of Police provides direction and maintains accountability, and the divisions are dedicated to the delivery and support of police services. The department is separated into sections to further provide specific services and support.
A. Office of the Chief of Police The Chief of Police is responsible for the overall management and administration of the department and as a department head, reports directly to the Town Manager. The Chief of Police also maintains oversight over internal affairs investigations and public information and is the designated emergency management official for the Town of Herndon.
1. Administration The Chief of Police has the authority and responsibility for the management, direction, and administration of the department, which includes law enforcement operations and support services. The Chief of Police is assisted by a program manager who develops and coordinates policy and procedures, performs budget and grant support, and manages the department’s accreditation program to ensure that the department maintains compliance with professional policing standards and practices. The program manager supervises administrative staff. <12.1.1>
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2. Internal Affairs The Chief of Police will directly oversee the internal affairs process and assign an Assistant Support Services commander to serve as the Internal Affairs commander. On matters involving internal investigations, the Internal Affairs commander will report directly to the Chief of Police. The Internal Affairs commander is responsible for investigating complex cases regarding allegations of police misconduct generated from internal or external complaints.
3. Public Information The Chief of Police will directly oversee public information activities and will assign responsibilities to a Public Information Officer (PIO), with assistance from the public information specialist. The PIO has the authority to speak publicly on behalf of the department and the Chief of Police and is responsible for the dissemination of authorized information to the media concerning all newsworthy events and other information regarding departmental operations. The public information specialist manages the department’s social media interactions, website, and other public outreach and information efforts.
4. Emergency Management The Chief of Police is the designated emergency manager for the Town of Herndon and delegates routine responsibilities, as appropriate, to an emergency management deputy. The deputy emergency manager will serve as the principle planner and adviser to the Chief of Police on critical incidents, special events, and updates to emergency plans and policies.
B. Field Operations Division The Field Operations Division is commanded by a Field Operations commander who is assisted by two Assistant Field Operations commanders. The Field Operations commander oversees the supervision and delivery of police services provided by the Patrol and Traffic Sections as well as liaison activities with the Herndon Police Citizens’ Support Team. The Field Operations commander shares responsibility with the Support Services commander in personal representation of the Chief of Police when necessary.
1. Assistant Field Operations commanders manage patrol squads and ensure quality delivery of police services. Assistant Field Operations commanders
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also oversee canine operations, the Field Training Program, and the coordination of auxiliary activities with the Herndon Police Citizens’ Support Team.
2. Patrol Section The Patrol Section consists of six patrol squads, each supervised by a sergeant and/or corporal. The Patrol Section provides 24-hour continuous police coverage for the community and responds to calls for service, renders assistance to persons in need, investigates crime, and endeavors to preserve the peace and prevent crime.
3. Traffic Section The Traffic Section is supervised by a sergeant who coordinates all specialized traffic enforcement, traffic safety initiatives, and parking enforcement operations.
4. Herndon Police Citizens’ Support Team The Herndon Police Citizens’ Support Team is a volunteer organization to aid, support, and assist the department in the prevention of crime, promotion of public safety, and other duties as permitted by law.
C. Support Services Division The Support Services Division is commanded by a Support Services commander who is assisted by two Assistant Support Services commanders. The Support Services commander oversees the supervision and support of services provided by the Communications and Records Section, Personnel and Training Section, and Criminal Investigations Section. The Support Services commander shares responsibility with the Field Operations Commander in personal representation of the Chief of Police when necessary.
1. Assistant Support Services commanders oversee the support sections and additionally serve as the Public Information Officer, the Internal Affairs commander, and the Deputy Emergency Manager. An Assistant Support Services commander supervises the youth resource officer who provides a dedicated focus to juvenile issues while working alongside county school resource officers at the middle school and high school in town, as well as the public information specialist who manages public information requests and social media engagement.
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2. Communications and Records Section The Communications and Records Section is led by a communications manager that reports to an Assistant Support Services commander. The communications manager is assisted by assistant communications managers. Communications personnel receive, record, and process emergency and non- emergency calls for the department and ensure adequate resources are dispatched to manage calls for service. Records personnel are responsible for the management, security and processing of official records to include crime incident and traffic enforcement data, arrest records, investigative reports, warrants, and related information.
3. Personnel and Training Section The Personnel and Training Section, led by a sergeant, and assisted by a corporal, provides support in a variety of areas related to police personnel operations to include training, recruitment, applicant processing, background investigations and recommendations on hiring. The Personnel and Training Section supervisor additionally oversees the Property and Evidence Unit and serves as the Quartermaster.
4. Criminal Investigations Section The Criminal Investigations Section, led by a sergeant, consists of general assignment detectives, and special assignment detectives selected for vice/narcotics, gangs, and internet crimes/computer forensics specialties. The primary function of the Criminal Investigations Section is to pursue specific follow-up investigations of criminal offenses within the Town of Herndon and to identify, apprehend, and successfully prosecute criminal offenders.
D. The department’s organizational chart is updated as needed and made available to all department personnel and the public.
IV. COMMAND, AUTHORITY, AND RESPONSIBILITY
Unity of command requires clearly defined lines of authority within a structured chain of command. Each department member is accountable to their chain of command and to members under their supervision. Employees must communicate and operate within their chain of command to keep supervisors informed of their activities. The following provides additional guidance on command, authority, and responsibility. <11.3.1a>
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A. In the absence of the Chief of Police, the Field Operations Division commander or the Support Services Division commander will provide command and direction to the department, as designated by the Chief of Police. If not designated, the order of command shall be:
1. Field Operations commander; 2. Support Services commander; 3. Assistant Field Operations commander (by time-in-grade); 4. Assistant Support Services commander (by time-in-grade); 5. On-duty sergeant (by time-in-grade). <12.1.2a,d>
B. Each employee is accountable to only one supervisor at any given time and each organizational component is under the direct command of only one supervisor. Supervisors will be held accountable for the activities of the employees under their supervision.
C. Delegation of authority may occur and shall generally depend on the nature of the task(s), the urgency of the task(s) and the availability of a subordinate to perform the task(s) and commensurate authority must accompany the task(s) delegated for effective execution. Employees are accountable for the use of, or failure to use, delegated authority. <11.3.1b>
D. Although each organizational component is under the direct command of only one supervisor, any member in a supervisory position may, in an emergency or under circumstances where the interest and welfare of the department necessitates, assume command over a subordinate outside of their direct authority. It should be noted that during a single police operation in which there is more than one component participating, unless specified in an operational plan, department protocol allows the ranking officer responsible for the operation to relinquish operational control to another supervisor with greater expertise or more experience. This does not, however, relieve the ranking officer of their supervisory responsibilities.
V. COMMUNICATION AND COORDINATION
The support and exchange of information among all department personnel and operations is critical to order and accountability. Effective and efficient administrative practices and procedures ensure information is shared appropriately within the
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department and that management decisions are based on pertinent and timely information.
A. It is essential that the Chief of Police and command staff are notified of events or incidents of significant importance or those that may result in liability or heightened community interest. All available channels of communication shall be used as necessary to make notification of any such events or incidents. The supervisor or lieutenant on duty is responsible for ensuring that all notifications are made as appropriate. Incidents or events that require immediate notification include:
• Use of force or acts resulting in death or serious injury to a citizen or department member • Major incidents or civil disorder • Hostage/Barricade incidents • Public Alerts initiated • Homicides, attempted homicides • Significant weather-related incidents • Major traffic incidents or motor vehicle accidents • Any incident generating or likely to generate a high volume of media attention <11.3.3>
B. Personnel shall participate in briefings, meetings or other required appearances as directed or as appropriate, and shall review and respond accordingly to posted memorandums, email, messages or other electronic information on a daily basis while on duty. The department utilizes PowerDMS to communicate and coordinate critical, timely, and important information to members. Personnel shall indicate their acknowledgement of receipt of all posted information in PowerDMS through their electronic signature. PowerDMS is an internet-based program affording convenient access during and outside of duty hours. Department members are expected to keep current on communications, and failure to do so may result in disciplinary action. Supervisors shall ensure that personnel under their command access and acknowledge postings in PowerDMS on a weekly basis.
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VI. FORMS
The department will promote efficiency in its operations through the use of various forms. Forms will be created, revised, or deleted on a timely basis to effectively facilitate the mission of the department and streamline processes.
A. Development, Modification, and Review of Forms Forms will be developed or modified by personnel with input from command staff and others knowledgeable in the subject matter. Forms will be reviewed for utilization, revision, or deletion as appropriate. Changes to established forms or development of new forms must be reviewed with the program manager prior to requesting final approval.
B. Approval of Forms The Chief of Police or division commanders will approve all forms.
VII. WRITTEN DIRECTIVE SYSTEM <12.2.1>
A. The department has a written directives system to provide guidance on general responsibilities, specific procedures, standards of conduct, and operations, although it is not intended to address all situations encountered by members of the department. The judicious exercise of discretion is often required, supplemented by individual training and experience.
B. Memorandums and other written communication (such as email) may be utilized for necessity to convey an official change in policy or procedure or provide specific instruction or direction to affect an immediate change. Such direction may be temporary or later integrated into approved directives that are binding until formally amended or rescinded.
C. The Chief of Police has sole authority to issue, modify, and approve directives. <12.2.1b,d>
D. The written directive system for the department includes the following:
1. Core Purpose, Values and Mission Statements <12.2.1a,c> Purpose, values, and mission statements reflect the department’s principles and beliefs.
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2. Rules and Regulations <12.2.1g> Rules and Regulations are designed to serve as a guide in matters of accountability for actions taken, decisions made, and conduct demonstrated. Approved Rules and Regulations are intended as long-term guiding documents and are binding until formally amended or rescinded.
3. General Orders <12.2.1f> General Orders are operational or administrative policies related to a specific topic and detail the policy or procedure to be followed regarding that topic. Approved General Orders are intended as long-term guiding documents and are binding until formally amended or rescinded.
4. Standard Operating Procedures <12.2.1h> Standard Operating Procedures are directives specifically defining the department’s procedure on certain operations or activities or enumerating departmental policy on various aspects of an issue. Approved Standard Operating Procedures are intended as long-term guiding documents and are binding until formally amended or rescinded.
VIII. REVIEW AND DISTRIBUTION OF DIRECTIVES
A. A review of the directives is conducted as needed or recommended to amend or rescind affected directives due to legislation, practice, or policy changes. A review or development of a new directive will also ensure that proposed changes do not contradict existing departmental directives or applicable law. <12.2.1e,i>
B. Current and up-to-date directives are available and accessible to all department personnel on a shared network drive, as well as through PowerDMS. <12.2.2b>
C. Employees shall sign for new or amended directives through PowerDMS to indicate receipt. Department members’ signature indicates that the member has received, read, and understood the responsibilities pursuant to the directive. <12.2.2a,c>
D. Any question employees have about any order/directive should be brought to the attention of their immediate supervisor for clarification.
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E. Directives (with the exception of the Standard Operating Procedures) are posted for public review on the department’s website.
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<11.1.1> HERNDON POLICE DEPARTMENT CHAIN OF COMMAND CHART
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Administration Section 201 Effective Date: October 28, 2020 Page 1 PLANNING AND BUDGET
I. POLICY
The department will plan, manage and monitor fiscal activities to provide structure and resources to fulfill its mission. The Chief of Police has the authority and responsibility for the overall fiscal management of the department.
II. BUDGET
The department works under the Town of Herndon’s leadership to develop, implement and monitor an annual fiscal budget in conjunction with goals and objectives through a defined process within prescribed deadlines. The Town’s fiscal year is set for July 1 to June 30 each year.
A. Budget Development
1. A division commander will begin the budget planning process by requesting input from all sections through budget requests. Department members are asked to participate in the process by planning and reviewing their section’s budgetary needs or capital expenses and submit a justification for the request through their chain of command.
2. A draft budget is formulated based on submitted requests and line items are discussed by command staff. The Chief of Police will approve and submit a formal budget for the department to the town. The department will work with the town to recommend approval of budget requests for the upcoming fiscal year.
3. Depending on the availability of town funds, mid-year budget requests may be submitted for critical needs.
B. Budget Implementation
Following adoption of the budget by the town, the department will review line item allocations and implement purchasing procedures to process approved expenditures.
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C. Budget Monitoring
Division commanders will monitor purchasing activities and expenditures in comparison to the adopted budget through the town’s accounting software with provisions for continuous status of:
1. Initial appropriations for each account or program; 2. Balance after each expenditure; 3. Expenditures and encumbrances, and 4. Unencumbered balances.
D. Purchasing Activities
Department personnel must comply with the town’s purchasing policies and procedures as it applies to standardized purchases, purchases requiring bids, emergency purchases, and supplemental or emergency appropriation requests and fund transfers. Purchases will be processed through requisitions or the P- card.
1. Requisition Process a. Personnel responsible for purchases will submit a requisition and await a division commander’s approval; b. The Finance Department must approve the requisition and issue a purchase order; c. Purchasing personnel will then submit an order to the vendor/supplier with the purchase order number; and d. Upon receipt of order, purchasing personnel will receive the order into the accounting system.
2. P-Card Certain purchasing personnel have been given authorization and rules associated with utilizing the P-Card for purchasing activities. Receipts must be reconciled monthly and submitted to Finance for all purchases.
E. Department Equipment and Property
Procurement, inventory, and disposal of department-owned property is managed by the Support Services commander in conjunction with fiscal responsibilities. This
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will aid the department’s plans to request new resources, account for current holdings, and dispose of property or equipment no longer necessary or performing.
F. Cash Funds
The department maintains a confidential fund to be used for investigative purposes regarding vice, drug and organized crime investigations. The Field Operations commander will monitor receipts and documentation of all events involving the use of confidential funds.
1. Accountability The confidential fund will be maintained by a ledger system that identifies the initial balance, credits, debits, and balance on hand. The Chief of Police, division commanders and the Assistant Support Services commander overseeing the Criminal Investigations Section are the only officials authorized to have access and authority over the confidential funds. <17.4.2a,e>
2. Requests A memo requesting the use of confidential funds shall be prepared by the authorized staff member through the chain of command to the Support Services commander to include the nature of the request and the circumstances of the operation, the amount, and any other pertinent information. Requests in excess of $1,000 will require the additional approval of the Chief of Police. <17.4.2c>
3. Records/Reports Records will be maintained on disbursements and returned funds along with a report detailing the operation and the outcome. <17.4.2b,d>
4. Audit The Field Operations Division commander shall perform a complete audit of the funds on a quarterly basis. <17.4.2f>
G. Independent Audits
The department will cooperate and provide requested information regarding its fiscal activities in conjunction with independent audits conducted by the town.
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III. GOALS AND OBJECTIVES
A. Goals and objectives will be prepared annually by the division commanders in coordination with the Chief of Police, to be submitted in conjunction with the department’s budget. Commanders will solicit suggestions from section supervisors to establish applicable and specific goals and objectives. Approved goals and objectives will be made available to all personnel. <15.2.1>
B. Division commanders will submit periodic evaluations reporting the progress made toward the attainment of each division’s goals and objectives. The Chief of Police will submit the department’s annual report to the town highlighting significant activities and progress made towards attainment of goals and objectives.
IV. PLANNING/RESEARCH
A. All department personnel are encouraged to actively participate in the planning and research activities of the department. Division commanders are responsible for the planning and research function and will work to advance activities for the approval of the Chief of Police. Ideas, suggestions, and studies offering alternative procedures or solutions to departmental needs or concerns are welcome for review in consideration of operational alternatives and planning of future programs.
B. The department may produce a five-year strategic plan that includes long term goals, operational objectives, anticipated workloads and population trends, anticipated personnel levels, and anticipated capital improvements or equipment needs for planning purposes that would be reviewed annually and updated as needed.
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Personnel/Training Section 202 Effective Date: September 27, 2016 Page 1 PUBLIC INFORMATION
I. POLICY
The department has established guidelines for collecting and disseminating timely information to the public to effectively interact with citizens and the media.
II. TERMINOLOGY
Social Media - websites and other electronic means of communication that are used by large groups of people to share information
III. PUBLIC INFORMATION
The responsibilities of the public information function includes activities assigned to the Public Information Officer and the Information Specialist.
A. Public Information Officer (PIO)
The Chief of Police will appoint a Public Information Officer (PIO) to represent the Department on all information releases to the public and the media. The PIO has authority to speak publicly on behalf of the Department and is the main point of contact for informational requests from the public, the media, and Freedom of Information Act (FOIA) inquiries. Additional responsibilities include:
1. Preparing/distributing press releases, 2. Assisting the media with information, interviews, or press conferences, 3. Coordinating appropriate release of information as allowed by law, 4. Coordinating major incident public notifications, 5. Coordination/communication as required with other law enforcement contacts involved in joint operations or activities, 6. Subject to call back on an on-call basis to assist and respond to the media or critical incidents.
B. Information Specialist
The Information Specialist will collect, analyze, process and publish information as appropriate that can be used to accommodate information requests or communicate activities in support of the Department’s mission. The Information
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Specialist may perform the duties of the PIO when requested or in the absence of the PIO. Additional responsibilities include: <15.3.1>
1. Monitoring/updating the Department’s social media networks and web page to ensure timely and accurate interaction and representation of activities, alerts, and notifications, 2. Coordinating information with the PIO and assisting as requested, 3. Performing analytical tasks in support of crime analysis, criminal investigations, and crime prevention, 4. Extracting data from the Records Management System, identifying incident trends, patterns, or similarities to assist operations and investigations, 5. Producing/disseminating reports or analysis findings to the Chief of Police and department members, 6. Maintaining contact and interaction with other law enforcement agencies to share information on crime.
IV. CONSIDERATIONS
A. No employee shall release any official information to the media or to the public without specific authorization, or as provided in this policy.
B. The senior police official present at the scene of an incident can provide a brief statement to the media, at the request or in the absence of the PIO or Information Specialist. The senior police official is responsible for timely notification to the PIO or Information Specialist of any information released to the media.
C. Lieutenants and Sergeants are authorized to post timely alerts and updates from the field to social media for general awareness of significant activities.
D. For media inquiries about events in progress, Communications Technicians may confirm reports of current events and their location by hundred block, but should provide no other details.
E. Media representatives’ requests for information should be directed to the PIO or the Information Specialist.
E. Media access at the scene of an incident will be reasonably accommodated as long as it does not interfere with police operations. The arrival of media at the scene
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of significant events should be anticipated and planned accordingly, including a suitable location designated for mobile broadcast transmission vehicles. The on- scene supervisor should establish a staging area for the media near the scene and regulate how close to an active scene the media should be allowed. <54.1.3>
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Administration Section 203 Effective Date: October 28, 2020 Page 1 INSPECTIONS
I. POLICY
Inspections are an essential mechanism for evaluating operations, ensuring mission- essential performance of personnel, and managing sufficient supplies, equipment and resources. The goal of inspections is to ensure the operational efficiency and effectiveness of the agency.
II. GENERAL GUIDELINES
A. All department personnel, equipment, and property of the Herndon Police Department shall be subject to inspection.
B. Any department provided equipment is subject to inspection by authorized members of the department or the town.
III. TYPES OF INSPECTIONS
A. Line Inspections Line inspections include review and observation of any member's activity, personal appearance, issued equipment, electronic or digital devices, office or facility space (to include lockers) in order to ensure compliance with departmental policy or procedure.
1. Line inspections may be carried out by any supervisor within the chain of command, but ideally should be conducted by supervisory personnel responsible for ensuring that deficiencies are identified, and corrections are completed.
2. Line inspections are not expected to be all encompassing, but rather should focus on a limited number of issues within the supervisor’s scope of responsibility. This does not preclude the supervisor from noting any needed corrections that become apparent during an inspection, regardless of scope or responsibility. 3. Issues identified for needed corrections should be re-inspected within an agreed timeframe to ensure that the condition has been corrected or that a plan of action has been developed and initiated to complete the correction.
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B. Personal Appearance Inspections Inspection of personal appearance is the duty of the first-line supervisor of all sections or squads. These inspections will be made on a routine basis with the supervisor bringing any deficiencies to the attention of the employee. The supervisor shall follow up to ensure corrective action is taken.
C. Vehicle Inspections Vehicle operators are responsible for inspecting department vehicles before each tour of duty. Any damage, deficiencies, or other notable information shall be reported to the supervisor prior to leaving the station. Additional inspection criteria include the following:
1. An inspection of patrol vehicles assigned to each squad will be carried out every Sunday by the on-duty supervisor, utilizing HP201E, Vehicle Inspection Form. Completed Forms HP201E shall be forwarded to the fleet manager prior to the end of the tour of duty, for follow-up.
2. An inspection of traffic vehicles, to include motorcycles, will be carried out every week by the section supervisor.
3. An inspection of criminal investigation section vehicles will be carried out every month by the section supervisor.
4. Pre-tour and post-tour inspections of police bicycles will be carried out by the officer and deficiencies will be conveyed to the bicycle coordinator.
D. Weapons Inspections and Inventory
1. The armorer shall inspect and account for departmental handguns on an annual basis. This includes all department issued primary firearms, approved off-duty firearms and approved secondary firearms.
2. The armorer shall inspect and account for departmental shotguns, rifles and ECWs on a semi-annual basis. This includes all department issued weapons and personal authorized and approved rifles.
3. Any weapon found to be unsafe shall not be authorized for service and shall be repaired or removed by the armorer. The inspections shall be Herndon Police Department
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documented in a memorandum to the Chief of Police indicating any deficiencies noted or corrected, or if weapons were removed from service.
E. Facility Inspections The Support Services Commander or designee shall conduct an annual inspection of the Herndon Police Department facility for cleanliness, safety, and functionality and note the findings. Work requests generated from the inspections will be forwarded to the Department of Public Works for completion. The Support Services Division Commander will be responsible for all facility management problems and for implementing corrective action.
F. Stored Emergency Property, Equipment, Supplies Inspections The Support Services commander shall ensure that stored property, equipment and supplies in the emergency supply locker is maintained in a state of operational readiness, and that a satisfactory complement of expendable materials is adequate and available. The quartermaster shall be responsible for maintaining these supplies. <17.5.2>
G. Critical Incident Equipment Inspections The Support Services Commander shall ensure that an annual inspection of equipment designated for use in support of the department’s critical incident plan is conducted. The inspection shall be documented in a memorandum to the Chief of Police and shall ascertain the operational readiness of the equipment, noting any needs or deficiencies. The equipment includes, at a minimum, the following: • Gas masks, filters, cases • Protective helmets • Mass Arrest Kit • Bullhorn • Riot and Ballistic Shields • Patrol Breeching Kits
H. Special Inspections The Chief of Police may direct special inspections as needed to examine a specific concern related to an operation, individual performance, the facility or equipment. The scope of the inspection will be limited to determining the facts of the specific concern and concluding if improvement or resolution is needed.
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Administration Section 204 Effective Date: February 10, 2021 Page 1 INTERNAL AFFAIRS AND DISCIPLINE
I. POLICY
A. The department is responsible for providing quality, professional law enforcement services and is sworn to enforce the law, safeguard lives and property, and preserve public safety. It is incumbent on all department members to uphold the highest moral and ethical standards in the discharge of their duties, adhere to the department’s directives (rules, regulations, policies, and procedures) and conduct themselves in a professional manner. It is each employee’s responsibility to read, understand, and comply with all directives which are made readily available to all personnel. The department will effectively process and conduct thorough and appropriate investigations of all complaints against the department or its personnel, regardless of their source or anonymity in order to maintain the integrity of the department. <26.2.1>
B. Complaints investigated through the Internal Affairs process may result in disciplinary actions that are subject to appeal and grievance procedures. The administration of disciplinary action shall be in accordance with the Town of Herndon’s Administrative Regulations, the department’s directives, and applicable law.
II. TERMINOLOGY
o Administrative Investigation – an internal investigation conducted through the Internal Affairs process to determine the facts of a complaint.
o Complaint - A formal report of dissatisfaction or an allegation of wrongdoing regarding an employee’s actions, which may be initiated internally (by sources within the department), or externally (by individuals or sources outside the department).
o Exonerated – a finding in an administrative investigation where it is concluded that the incident in a complaint occurred but was lawful and proper.
o Formal Discipline – discipline imposed as a result of a sustained finding in an administrative investigation which includes written reprimand, suspension, disciplinary demotion, or dismissal. Formal discipline is subject to the Town of Herndon’s grievance procedure or the law enforcement officer’s procedural guarantees, but not both. Herndon Police Department
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o Informal Discipline – discipline imposed as a corrective measure which includes oral reprimands and remedial training for minor infractions but is not eligible for the grievance process.
o Not Sustained - a finding in an administrative investigation where it is concluded that insufficient evidence exists to either prove or disprove the allegation.
o Sustained - a finding in an administrative investigation where it is concluded that the allegation is supported by sufficient evidence. Findings of a sustained violation will result in appropriate corrective or disciplinary measures.
o Unfounded – a finding in an administrative investigation where it is concluded that the allegation is false.
III. COMPLAINTS
A. All complaints received by the department will be investigated.
B. All complaints, whether initiated from external or internal sources, shall be documented by the supervisor or commander who received the complaint. Complaints received from individuals or other outside sources, shall be documented in the “Citizen Complaints” section of the records management system. Upon receipt of a complaint against the department or its personnel alleging misconduct, criminal activity, or an incident which may result in civil liability, the Chief of Police and the Internal Affairs Commander shall be notified immediately by the supervisor who received the complaint. <26.3.2>
C. The department welcomes compliments, complaints, and suggestions to enhance the quality of services, identify areas of concern, or gain insight on a perspective. Procedures for registering complaints against the department or its personnel are posted on the town’s website and in the lobby of police headquarters. Individuals will be assisted in registering a complaint and will be provided with a Complaint Form (HP 809). <26.2.4>
IV. HANDLING OF COMPLAINTS
All complaints will be thoroughly reviewed and investigated to ensure a complete examination of all facts and circumstances relevant to the allegation. A supervisory Herndon Police Department
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review of the complaint will be conducted to indicate findings or determine if an administrative investigation is warranted. Initial reviews of a complaint that do not lead to an administrative investigation will be concluded through a supervisory review. Alternatively, if the findings indicate conduct, actions, or performance of duty violates departmental directives, an administrative investigation will be initiated.
A. Supervisory Review Supervisors are responsible for initiating and investigating complaints of employee misconduct or observed infractions which fall into the scope of their authority and are authorized to try and resolve minor complaints if possible, noting all actions taken and any interaction with the complainant. The supervisory review should consist of interviews with complainants and affected employees, an examination of associated audio/video recordings of the event (if any), and an indication of the nature of the violation. If the complaint can be satisfactorily resolved at the supervisory level, documentation shall be completed in the Citizens Complaint section of the records management system indicating no further action needed and submitted for review by the appropriate Division Commander.
The following types of complaints may be concluded through a supervisory review:
1. General complaints concerning minor infractions of regulations or the manner in which the employee’s duties are performed.
2. Complaints relative to differences of opinion between an employee and an individual arising from the performance of duty.
3. Complaints concerning the manner or method in which an employee investigated a crime, traffic collision or service incident.
4. Complaints concerning an officer's authority to arrest or the propriety of a particular charge.
B. Administrative Investigation If a complaint cannot be resolved through a supervisory review, if it warrants further investigation, or is mandated by policy to be investigated, an administrative investigation will be initiated. Herndon Police Department
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The following incidents shall be reviewed through an administrative investigation:
1. Use of Force – • when a complaint is received, • indications that the force utilized was not consistent with policy, • medical treatment and transport were required, • serious injury/death occurs.
2. Police vehicle crashes,
3. Pursuits – • Supervisor’s review indicates a violation of policy, • an accident (police or suspect vehicle) occurs, • pursuits that go beyond Town limits.
4. Incidents alleging criminal activity,
5. Incidents which may result in civil liability,
6. Internal or external complaints indicating possible violations of policy or directives.
C. Complaint Records and Confidentiality <26.2.2> 1. All complaint records shall be considered confidential and documented in the Citizens Complaint section of the records management system or filed in Internal Affairs files when forwarded for an administrative investigation. The Office of the Chief of Police shall be the repository of all physical records of Internal Affairs files. The physical records shall be kept in a locked drawer and electronic access, as applicable, restricted to authorized personnel.
2. Internal Affairs files are the property of the Herndon Police Department and access is restricted to those overseeing the investigation, imposing discipline or administrative handling.
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V. INTERNAL AFFAIRS
A. Internal Affairs’ Roles/Responsibilities 1. Internal Affairs Commander A supervisor at the rank of lieutenant or greater will be assigned by the Chief of Police as the Internal Affairs Commander. The Internal Affairs Commander will conduct investigations on complex or serious complaints, assist supervisors engaged in administrative investigations, and compile statistical reports on internal affairs actions and investigations, and will report directly to the Chief of Police on assigned investigations. The Internal Affairs Commander shall be on-call and readily available by telephone and able to report for duty within two hours if activated.
2. Investigator A supervisor assigned to investigate allegations of employee misconduct or policy violations within their scope of authority and will document facts to determine a finding. On assigned investigations, the supervisor will report to their division commander.
3. Division Commander Division commanders will monitor the conduct of an investigation involving their chain of command, review the completed investigation, and classify the finding. Division commanders will recommend and subsequently impose discipline, if any.
4. Chief of Police The Chief of Police will assign an investigation, approve the completed investigation and classification of finding, and any recommended discipline. The Chief of Police will communicate the findings of the investigation with those involved, as appropriate.
B. Conduct of Internal Affairs (Administrative) Investigation 1. Prior to instituting any administrative investigation into potential criminal activity, consideration must first be given to preserving the opportunity to proceed with criminal prosecution. If criminal prosecution is anticipated, the criminal case shall take precedence over an administrative investigation.
2. Upon receipt of a complaint falling into the scope of Internal Affairs, the supervisor who received the complaint shall generate a memorandum Herndon Police Department
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indicating the complainant, nature of the complaint, and other pertinent information and forward it to the Division Commander. The Division Commander will review the allegation and recommend a course of action to the Chief of Police. Upon initiation of an administrative investigation, a control number will be established, an investigator assigned, and the case will be logged into the Internal Affairs Control Log. <26.3.2>
C. Control Log The Internal Affairs Control Log will contain information pertinent to the investigation such as the control number, type of complaint, employee(s) involved, alleged violation, processing dates, the assigned investigator, and the final disposition to include any discipline imposed.
D. Case File 1. The case file should contain the following documents: • Internal Affairs Checklist with signatures, • Chief’s memorandum assigning investigation, • Signed HP807 form, Employee Notification which includes the specific General Order, regulation or policy allegedly violated, • IA history of employee under investigation, • Complaint forms, letters, memoranda, • Transcribed interview narratives, • Case extension requests, • IA Case Reports including a case summary, findings, and conclusion of fact, as well as statements indicating whether there are any sustained violations of a similar nature in the last three years, • Relevant legal documents, • Other relevant memoranda from the investigator, involved employees, or other police or Town staff, including charge memoranda and employee written summaries or official responses, • Investigative notes, photos, etc. made during the investigation, • Audio/video recordings, • Final disposition memoranda, • Final Report.
2. The administrative investigation will be documented and included in a physical case file. The complete case file folder, signed by the appropriate Herndon Police Department
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Division Commander, will be forwarded to the Chief of Police for final disposition.
E. Timeframe/Status/Extensions <26.3.3> 1. Administrative investigations should be completed within 45 days of receipt unless circumstances develop which necessitate additional time to ensure a thorough and complete investigation. If the investigation is expected to extend beyond the 45-day limit, the investigator shall notify the Division Commander in writing to request an extension of up to 30 days, depending on the circumstances. If additional time is needed to complete the investigation beyond this extension, an additional extension must be requested in writing and granted by the Division Commander weekly until the investigation is completed.
2. The department will ensure the complainant and the subject of the investigation is informed of the status of the complaint to include verification of receipt, periodic status reports more than 45 days, and notification of the results of the concluded investigation. The Office of the Chief of Police will send a written notification of the completed investigation; however, status reports can be accomplished by email, telephone, or in person.
3. At the conclusion of an administrative investigation, the Chief of Police will send a letter to the external complainant with notification of the investigation results. No other employee, investigator, or staff member may make such notification.
F. Employee Notification <26.3.5> The Notice of Investigation, HP 807, shall be used to make notification to an employee who becomes the subject of an administrative investigation of the existence of the investigation and the employee's rights and responsibilities relative to the investigation. This notification shall be made by the investigator conducting the investigation and shall include the nature of the investigation, alleged violation, the name, and rank of the investigator, and the identity of any other individuals who will be present during questioning. Notification may be delayed if it will jeopardize the ability to conduct a thorough investigation. For example, notification may be delayed when an investigation requires follow-up such as surveillance, which would be ineffective if the subject of the investigation were notified. Herndon Police Department
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G. Statements 1. Each employee of the department shall cooperate fully with the investigator conducting an administrative investigation. It is the responsibility of all employees to answer fully and truthfully any question asked that pertains to the scope of the investigation, the alleged violation of policy or law, or any action taken by the employee that may affect the department. During an administrative investigation, employees do not have the right to refuse to answer any question concerning their performance of duty or their adherence to department rules and regulations. Admissions by the employee in an administrative investigation cannot be used in any criminal prosecution. As soon as it appears the investigation may lead to a criminal prosecution, the employee will be advised of certain rights as required by law.
2. Employees involved in an administrative investigation, to include the subject of the investigation, witnesses, and staff shall not discuss the investigation with others unless authorized by the investigator. Employees involved in an investigation will be given an order of confidentiality that must be signed indicating their restriction from discussing or exchanging information related to the active investigation to maintain the confidentiality and integrity of the investigation.
3. Following notification of the investigation, the investigator may take a statement from the employee(s) involved, which may be recorded for later transcription. If helpful to the investigation, witnesses will be asked to provide a summary of the events or be asked to provide a recorded statement. Questioning of an employee or witness shall be conducted in private. Prior to being questioned in an administrative investigation, officers shall secure their weapons in an appropriate weapons locker prior to the interview. Any questioning of an employee or witness shall take place at a reasonable time and place, as designated by the investigator and without jeopardizing the timeliness of the investigation. When possible, interviews will occur while employee(s) are on duty.
H. Examinations and Testing 1. If during an administrative investigation, the investigator determines that cause exists to justify an employee's submission to specified examinations or tests, the employee shall submit to such exam or test. Exams or tests may include medical, physical, psychiatric, laboratory, polygraph, breath alcohol, blood or urine test, the taking of photographs or audio or video recordings, Herndon Police Department
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attendance at physical lineups, or submitting to voice or handwriting sample requests. The Division Commander supervising the investigation will be responsible for consulting with the Chief of Police for approval for such exams or tests, except in cases where a time delay would directly affect the outcome, such as a test for blood alcohol content. If the Chief of Police is unavailable, the appointed designee shall be consulted.
2. Testing blood or urine specimens to determine whether sworn employees have used drugs or alcohol shall be in accordance with the Code of Virginia, §9.1-501, "Conduct of Investigation." However, all employees are subject to screening for reasonable suspicion of substance abuse pursuant to Administrative Regulation 1-32.
3. An officer will be required to disclose financial information only when such information is necessary and in accordance with the Code of Virginia, §9.1- 503, "Personal Assets of Officers."
4. It may be appropriate, as authorized by the Chief of Police, to conduct a Treatment Diversion Assessment (TDA) if it is suspected that the alleged misconduct of an employee subject to an administrative investigation may be the result of a professionally determined physical or psychological condition. The TDA must be performed by the police psychologist as an appropriate means to assess and aid the employee in the condition. The purpose of the TDA will determine:
a. The physical or psychological condition experienced by the employee. b. The correlation of the misconduct of the employee to their physical or psychological condition. c. If appropriate measures or treatment exists that will facilitate returning the employee to full duty. d. If disciplinary measures can or should be averted in lieu of treatment diversion.
I. Classification of Investigation 1. Upon completion of an administrative investigation, the investigator shall review all the evidence and statements and determine the specific violation. Each investigation shall be completed with a conclusion of fact based on the finding of Unfounded, Exonerated, Not Sustained, or Sustained.
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3. The individual subject to the investigation, along with the complainant, will be notified in writing by the Chief of Police of the finding of the investigation.
4. However, if the investigator concludes that a violation occurred, the employee will additionally be formally notified by memorandum (Charge Letter) of the violation(s) with supporting facts.
J. Administrative Hearing 1. Following completion of an administrative investigation where a finding of “SUSTAINED” or “NOT SUSTAINED” is reached, the employee’s Division Commander shall hold an administrative hearing with the employee to discuss the investigation and its findings and consider final remarks offered by the employee. The administrative hearing should include the investigator. The employee shall be given the opportunity to speak or answer any questions and the commander shall give due consideration to the employee's remarks.
2. Upon final determination of the finding and classification of an investigation the commander shall recommend/impose discipline.
K. Annual Summary of Investigations The Internal Affairs Commander compiles an annual statistical summary of complaints and Internal Affairs investigations which is made available to all employees and the public upon request. <26.2.5>
VI. DISCIPLINE
A. Disciplinary System Disciplinary action will be determined according to the nature and severity of misconduct or the violation of directives and will progressively increase with repeated or multiple infractions. The seriousness of the incident, the circumstances surrounding the incident, the employee's disciplinary records, the employee's work performance, and the overall negative impact to the department will be factors taken into consideration in the administration of discipline. The department will utilize informal and/or formal disciplinary measures following an administrative investigation as appropriate to directly address issues of misconduct or violations of directives with the goal of improving employee productivity, effectiveness, or behavior.
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1. Informal Discipline Informal disciplinary actions may be imposed following an administrative investigation as a corrective measure for minor infractions. Informal disciplinary measures are not eligible for the grievance process and will not become part of an employee’s official personnel file but will be part of an administrative investigation file. Informal disciplinary actions include remedial training and oral reprimands.
• Training - The imposition of remedial training as a function of discipline is appropriate when deficiencies in a necessary skill or ability are found and require improvement through training. <26.1.4a>
• Oral Reprimand - If an employee’s conduct or infraction is minor and could be improved by specific counseling or an issued warning, then an oral reprimand may be appropriate discipline in lieu of formal discipline, (HP 451). <26.1.4b>
2. Formal Discipline <26.1.4c> Formal discipline includes a written reprimand, suspension, disciplinary demotion, or dismissal which may be submitted to the grievance process (See Town Code, Chapter 54 and Administrative Regulation Number 14). Formal discipline may be imposed due to a sustained finding in an administrative investigation and may be punitive in nature. Formal disciplinary measures will be documented, a record kept as part of the investigation, and a copy will be filed in the employee’s official personnel file.
An Advanced Notice of Disciplinary Action letter, signed by the Town Manager, must be given to an employee for a suspension, demotion, or dismissal. An Advanced Notice of Disciplinary Action letter is not required for a written reprimand.
B. Supervisory Role/Authority in Disciplinary System In the disciplinary process, the role of the supervisor is to investigate allegations of employee misconduct within the scope of their authority and responsibility, document findings and action taken, and facilitate the investigation and any disciplinary action imposed.
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C. Record of Discipline The Office of the Chief of Police will maintain all documents relating to administrative investigations and disciplinary actions imposed. Formal disciplinary actions (written reprimand, suspension, demotion or dismissal) will be entered in the employee's official personnel file along with the charges and specifications.
D. Suspension, Demotion, or Dismissal When a commander contemplates recommending a suspension, disciplinary demotion or dismissal, the commander shall discuss the case with the Chief of Police who will discuss the matter with the Town Manager pursuant to Administrative Regulation 1-27. This discussion should take place prior to the administrative hearing. Among the items to be discussed will be the length of any suspension or the necessity of a demotion or dismissal.
E. Advanced Notification of Disciplinary Action An Advanced Notice Letter shall be given to the employee prior to imposing formal disciplinary action consisting of a written reprimand, suspension, demotion, or dismissal. The notification shall include:
1. A description of the type of disciplinary action (written reprimand, suspension, demotion, dismissal).
2. A statement of charges in sufficient detail to enable the employee to understand the violation, infraction, conduct or offense for which the employee is being disciplined.
3. A list of previous offenses, if any, which were considered in arriving at the current disciplinary action.
4. A statement notifying the employee that the action proposed, if implemented, will become a permanent part of the employee’s personnel folder.
5. A statement that similar future occurrences may result in more severe disciplinary action.
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6. A statement notifying the employee of their ineligibility for promotion or selection to a higher rank/grade for a period of one year from the date of the advanced notice, if applicable.
7. A statement regarding the employee's right to grieve the disciplinary action.
8. The effective date of disciplinary action (no sooner than 10 calendar days from the date of the Advanced Notice Letter), and the employee's subsequent right to reply within 10 calendar days.
F. Exceptions to Notice Period and Preparation of Response An Advanced Notice Letter and the opportunity to respond are not necessary when there is reasonable cause to believe an employee is guilty of a crime for which a sentence of imprisonment can be imposed.
G. Dismissals Should an employee be dismissed, the employee will be provided the following information: • Reason for dismissal, • Effective date of the dismissal, • Status of accrued employee benefits following dismissal.
H. Relief from Duty <4.2.3> 1. Relief from duty is an administrative action to expedite an employee’s immediate removal from duty when it appears such action is essential to protect the interests of the department. When the relief from duty involves sworn personnel, the official initiating the relief request shall determine based on the totality of the facts, whether police authority should be suspended. The period of relief shall continue until an administrative hearing is held and reinstatement is authorized by the Town Manager. Reasons for relief from duty may include, but are not limited to:
• Involvement in a use of lethal or serious force, • Alleged serious violation of department rules, regulations, policies, procedures or federal, state, and/or local laws/ordinances, • When physical condition or behavior indicates an actual or potential risk to the public, the department, or the individual.
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2. Any sworn supervisor may relieve from duty any sworn or civilian employee of subordinate rank, regardless of the organizational assignment of either party, when it appears such action is essential to protect the interests of the department. A civilian employee may be relieved from duty by any supervisor, sworn or civilian.
3. If relief from duty is sought by a supervisor, the Chief of Police or designee shall be contacted immediately. The Chief of Police may grant administrative leave to sworn personnel involved in a serious use of force or critical incident. For all other reasons, the Chief of Police will defer final decisions regarding administrative leave, suspension, or dismissal to the Town Manager pursuant to Section 54-61 of the Town Code and Administrative Regulation 1-27. Administrative leave is paid leave granted as authorized and is not charged to the employee's annual or compensatory leave balance.
4. Process of Relief a. Immediately issue Relief of Duty/Property Receipt memorandum.
b. Within 24 hours of the relief of duty, the initiating supervisor shall forward a memorandum through the chain of command to the Chief of Police describing the nature of the alleged violation or event. The relieving supervisor shall document whether police powers were suspended, and a list of equipment removed. If police authority is suspended, the officer shall relinquish their issued weapon, credentials, and badge.
c. The employee's Division Commander shall hold an administrative hearing within three (3) business days. The administrative hearing will facilitate a review of the facts surrounding the relief from duty and a recommendation to the Chief of Police as to reinstatement, and if applicable, restoration of police authority. A memorandum documenting the finding of the administrative hearing shall be forwarded to the Chief of Police by the Division Commander within 24 hours for final disposition.
d. The Chief of Police will notify the relieved employee in writing of the finding of the administrative hearing.
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VII. GRIEVANCES
A. Grievance Procedures The Town of Herndon is committed to resolving employee complaints and grievances in a just and equitable manner. Eligible employees of the Town have the right to submit complaints or disputes to the grievance process for resolution without threat of discrimination, coercion, recrimination, restraint, or reprisal. The timely resolution of grievances enhances employer-employee relations and serves the mutual interests of all parties concerned.
1. All grievance hearings shall be audio recorded for consistency and to fully and accurately document conversations.
2. The department utilizes the Town Grievance Procedures as set forth in the Code of Ordinances, Chapter 54 and Administrative Regulation 1-14. Sworn personnel may elect to proceed under the provisions of the Town Code or the Code of Virginia Law Enforcement Officer's Procedural Guarantees, §9.1-504, but not both.
B. Coordination of Grievances The Director of Human Resources for the Town will be responsible for managing the grievance process and will be responsible for the maintenance and control of the grievance records of department personnel.
C. Annual Analysis The Internal Affairs Commander, in conjunction with the Director of Human Resources, will perform an annual analysis of grievances filed by department personnel to identify any trends and causative factors. The analysis shall additionally evaluate supporting policies and practices and provide recommendations for modification or correction. <26.2.5>
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I. POLICY
The FBI has published standards and policies in its Criminal Justice Information Services (CJIS) Security Policy to regulate law enforcement agencies accessing criminal justice information. The Department must abide by these requirements in order to maintain access to VCIN/NCIC and other criminal justice information databases. The department is designated as a CJIS System Agency for the Town of Herndon, Virginia, and as such, is responsible for complying and administering a CJIS security program that conforms to the FBI’s CJIS Security Policy, and that enforces CJIS standards on the department’s operation of computers, mobile devices and other components used to process, store, or transmit criminal justice information.
II. TERMINOLOGY
CJI - Criminal Justice Information processed, stored, or transmitted through VCIN, NCIC, LinX and departmental e-mails that contain sensitive law enforcement information.
Contractor – Non-HPD agency members (to include other Town of Herndon departments), vendors, business representatives, or any other individual that has either physical or logical (i.e., remote) access to CJI.
Degauss - to demagnetize digital or electronic media as a means to delete information.
Jailbreak – The action of removing the security limitations imposed by the device’s manufacturer and facilitates access to the operating system, thereby unlocking all the features and enabling the installation of unauthorized software which will degrade the device’s security system.
III. DESIGNATIONS
A. Pursuant to the requirements of the CJIS security policy and as a designated CJIS Systems Agency, the department must appoint official positions to administer and ensure compliance with the program. These positions include the following:
1. Agency Coordinator - The Communications Section Manager will serve as the Agency Coordinator to be responsible for the supervision and integrity of the
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system, training and continuing education of employees and operators, scheduling of initial training and testing, certification testing, and all required reports by VCIN/NCIC.
2. CJIS Systems Officer – The Support Services Lieutenant assigned to oversee Records and Communications will serve as the CJIS Systems Officer who shall set, maintain, and enforce policies and procedures regarding maintenance, access and operations of the CJIS systems for the department.
3. Local Agency Security Officer (LASO) – The Information Technology specialist assigned to the police department will serve as the LASO, and shall:
a. Identify who is using the department’s approved hardware, software, and firmware and ensure no unauthorized individuals or processes have access to the same.
b. Identify and document how the equipment is connected to the state system.
c. Ensure that personnel security screening procedures are being followed as stated in this policy.
d. Ensure the approved and appropriate security measures are in place and working as expected.
e. Support policy compliance and ensure the CJIS Systems Officer is promptly informed of security incidents.
4. Terminal Agency Coordinator - The Communications Section manager or the designated communications technician will serve as the point-of-contact for the department for matters relating to CJIS information access through VCIN/NCIC.
IV. REGULATIONS
A. The requirements of this policy shall apply to all employees of the department with access to CJI. Department employees shall be subject to the requirements of this policy in addition to other applicable policy, laws, and the FBI’s CJIS Security Policy. The CJIS Systems Officer shall be responsible for ensuring compliance with the requirements of CJIS security.
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B. Members of the public or contractors without clearance must be escorted by HPD personnel while in the building.
C. External support personnel, contractors, and custodial workers with access to physically secure locations or controlled areas (during CJI processing) shall be subject to a state and national fingerprint-based record check unless escorted by authorized personnel at all times.
D. The CJIS Systems Officer shall ensure that the department’s CJI information systems display an approved system-use notification message before granting access, informing potential users of various usages and monitoring rules. The system-use notification message shall, at minimum, provide the following information:
1. The user is accessing a restricted information system. 2. System usage may be monitored, recorded, and subject to audit. 3. Unauthorized use of the system is prohibited and may be subject to criminal and/or civil penalties. 4. Use of the system indicates consent to monitoring and recording.
E. Physical access points (except for those areas within the facility officially designated as publicly accessible) shall be controlled and individual access authorizations must be verified before granting access.
F. Physical access to information system distribution and transmission lines shall be controlled within physically secure locations.
G. Physical access to information system devices that display CJI shall be controlled and information system devices must be positioned in such a way as to prevent unauthorized individuals from accessing and viewing.
H. Visitor access records to physically secure locations (except for those areas officially designated as publicly accessible) shall be maintained to include: • Name and agency of the visitor; • Form of identification; • Date of access; time of entry and departure; • Purpose of visit; and • Name and agency of person visited.
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V. TRAINING
All department personnel shall receive training on CJIS rules and policies. Personnel shall comply with the requirement of this policy, the FBI’s CJIS Security Policy, and Administrative Regulation 1-38, “Use of Town Electronic Communications Services and Social Media”.
VI. COMPUTERS AND MOBILE DEVICES
A. All department issued computers and mobile devices (handheld communication devices and mobile data devices (MDTs) must be registered with the LASO. Devices must be configured with a secure password that complies with the FBI’s CJIS Security Policy and conforms to the following:
1. Must be secured with a minimum 4 digit passcode PIN; 2. Must not be consecutive numbers (i.e. 1234 or 1111); 3. Must not be identical to the previous ten (10) passcode PIN’s; 4. Must not be displayed when entered; and 5. The password will expire within a maximum of 90 calendar days.
B. If a user suspects that unauthorized access to CJI has taken place via a computer or mobile device, the user must report the incident to the LASO or the IT Department.
C. Users must report all lost or stolen issued mobile devices to the LASO or the IT Department immediately in addition to following regulations for reporting lost or damaged property. All mobile devices reported lost or stolen that are used to access HPD and/or CJI data are subject to remote wiping without notice in the event of data leaks or spills.
D. Computers and mobile devices shall not be “jailbroken” or have any software or firmware installed which is designed to gain access to functionality not intended to be exposed to the user. Users must not load pirated software or illegal content onto their computers or devices. Applications must only be installed from official platform-owner approved sources. Installation of code from untrusted sources is prohibited. If unsure whether an application is from an approved source, contact the LASO or IT Department.
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E. Computers and mobile devices must be kept up-to-date with manufacturer or network provided patches.
F. Mobile devices must not be connected to a personal computer or computer which does not have up-to-date and enabled anti-malware protection and which does not comply with departmental policy. Devices must be encrypted in line with Town of Herndon IT compliance standards. Users must not use department workstations to backup or synchronize device content such as media files unless such content is required for legitimate departmental purposes.
G. Any personally owned mobile devices used to access HPD or CJI data or systems shall comply with all rules and restrictions outlined for department issued devices. Accessing any CJI data or systems with a mobile device not in compliance will result in disciplinary action.
VII. CRIMINAL JUSTICE INFORMATION DATABASES
A. Only authorized personnel are permitted to have access to the LinX database and VCIN/NCIC systems.
B. Authorized users of the LinX database must follow all rules governed by the database. Users authorized to access N-Dex (National Data Exchange), which is accessed through LinX, shall also follow all rules governed by the database.
C. When using the LinX/N-Dex systems to conduct queries, users must enter a reason or justification for initiating a query by using the justification field located on the viewer’s query screen. Users will include a brief explanation along with the department’s case number, which can be referenced during mandatory security audits.
D. The LinX coordinator will monitor the LinX system to verify daily uploads are occurring and will ensure expungements are removed from future department database uploads.
E. Authorized users and terminal operators of the VCIN system must follow all rules governing the proper use of the VCIN system. Terminal operators entering information shall employ a “cross-check system” to ensure accuracy of entries.
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F. Computerized criminal history records may only be accessed by officers, communications technicians, or records personnel for criminal justice purposes or for screening an employment application, ride-along application, or review of department personnel. The release of computerized criminal history records will be in accordance with Virginia Code §19.2-389, and the Department of Criminal Justice Services’ Regulations Relating to Criminal History Records Information Use and Security.
VIII. SECURITY, BACKUP, AND STORAGE
A. The Information Technology specialist shall ensure that the department’s network infrastructure controls the flow of information between interconnected systems. Information flow control regulates where information is allowed to travel within the department network and between outside information systems.
B. The Information Technology specialist shall conduct an annual audit of the computer system for verification of all passwords, access codes, or access violations.
C. The Information Technology specialist shall ensure that a wireless network security plan is established whereby access points are placed in secured areas to prevent unauthorized access and manipulation.
D. The Information Technology specialist will utilize industry standard software to backup all department data to an appropriate storage device. Offsite storage devices will be operated and maintained by authorized personnel only and according to security compliance protocols.
E. Responsibility for the management of security requirements shall remain with the department along with authority to enforce such standards regarding criminal justice information.
IX. MEDIA DESTRUCTION/DISPOSAL
Authorized department personnel shall, at a minimum, overwrite at least three times or degauss digital media containing CJI information prior to disposal or release for reuse. Physical media containing CJI information slated for destruction shall be shredded. Documentation shall be maintained to indicate all media that was
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destroyed. Sanitization or destruction shall be witnessed or carried out by authorized personnel.
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Administration Section 206 Effective Date: September 9, 2016 Page 1 FREEDOM OF INFORMATION ACT (FOIA) REQUESTS
I. PURPOSE
The Virginia Freedom of Information Act, Virginia Code 2.2-3700, grants citizens and representatives of the media access to public records of the Department. This policy provides guidance on the release or exemption status of such records.
II. TERMINOLOGY
Public Records – all writings and recordings that consist of letters, words or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostatting, photography, magnetic impulse, optical or magneto-optical form, mechanical or electronic recording or other form of data compilation, however stored, and regardless of physical form or characteristics, prepared or owned by, or in the possession of a public body or its officers, employees or agents in the transaction of public business. Records that are not prepared for or used in the transaction of public business are not public records. Public records may be in the form of handwritten notes, drafts, typewritten documents, electronic files, audio or video recordings, photographs, or any other written or recorded media.
Criminal Incident Information – information that consists of a general description of the criminal activity reported, the date and general location the alleged crime was committed, the identity of the investigating officer, and a general description of any injuries suffered or property damaged or stolen.
Criminal Investigative File – any documents and information including complaints, court orders, memoranda, notes, diagrams, maps, photographs, correspondence, reports, witness statements, and evidence relating to a criminal investigation or prosecution, other than criminal incident information.
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III. POLICY
All Freedom of Information Act (FOIA) requests will handled pursuant to Virginia Code 2.2-3700 and Town/Department policy.
IV. GENERAL RELEASE OF INFORMATION
The Department will provide information to the public to comply with requests, to promote transparency, safety, and awareness, and to keep citizens informed. The following information will be routinely released by the Department.
A. Criminal Incident Data (Felony) 1. Date or timeframe, and general description of criminal activity.
2. Location of incident, generally by hundred block.
3. General description of injuries suffered or property damaged or stolen. (Phrases such as “stab wound,” “life-threatening injuries,” or “injuries that are not life threatening” are appropriate. Property may be described in basic terms such as “construction materials,” “household goods,” or “assorted merchandise.” Money may be described as “cash” and specific amounts need not be disclosed.)
4. Identity of investigating officer or other point of contact, such as the PIO.
B. Arrest Data (Felony, Misdemeanor) 1. Name, age and general address of the arrestee, if 18 years or older.
2. Date, timeframe, and location of arrest.
3. Charge(s) placed.
4. General statement of circumstances surrounding the arrest.
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5. General factual information concerning the status of an investigation.
6. Information concerning a person who is considered dangerous and for whom warrants are on file, when the public should be notified for its protection or when the release of information would assist in locating a suspect.
V. FREEDOM OF INFORMATION ACT REQUESTS
A. Receipt of Request 1. Any Virginia citizen, who is not incarcerated, or any victim of a crime or member of the press may make a FOIA request. Incarcerated persons may only request applicable information concerning their individual cases.
2. The request must include the requestor’s name, legal address and the records sought, with reasonable specificity, but need not make reference to FOIA specifically to invoke the provisions of the law.
3. Upon receipt of a FOIA records request, it shall be date-stamped and forwarded to the Public Information Officer (PIO), who will be the main point of contact for responding to FOIA requests. The PIO will complete an HP450 - FOIA Intake Form, on all requests to document the information requested, and other pertinent details.
4. The PIO will notify the Chief of Police, Support Services Commander, and the Town Attorney of the request by forwarding a copy of the HP450 via email. In instances when the media is requesting information, or a cost to respond to the request may be incurred by the requestor, the Chief Communications Officer for the Town will also be notified.
B. Processing a Request The Department shall ensure that responses are made within the statutory time periods pursuant to Virginia Code 2.2-3704 and completed within five
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working days of receipt of the request (not to include the date the request was received). The Department may choose to delete or redact any portion of a record to which an exemption applies. A copy of the response should be maintained as proof of what documentation was actually released.
1. All responses will be coordinated with, and approved by, the Town Attorney.
2. A written response must be given to each FOIA request. Failure to respond constitutes a FOIA violation.
3. If it is not practically possible to provide the requested records or to determine whether the records are available within the five working day period, the response must specify that the requested records cannot be identified and produced within five working days along with the reasons, thereby allowing an additional seven working days to identify the records and respond to the request.
4. If additional time is required in order to respond due to a request for a large volume of records or a lengthy search is required, the requester should be contacted to reach an agreement concerning additional time needed in order to respond to the request.
5. The Department is not required to create records that do not already exist, or fulfill requests due to records that are no longer available because they have been destroyed.
6. Upon fulfillment of the request, a copy of the letter sent to the requestor will be forwarded to the Chief of Police, Town Attorney and Chief Communications Officer.
7. A copy of the request, the reply and all related materials associated with each FOIA request will be filed in the Records Section upon the completion of the request.
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C. Partial Fulfillment of a Request 1. If the records are provided in part due to exemptions allowed by law, the response should identify the subject matter, with reasonable particularity, of the withheld portions and cite the specific statute authorizing the records to be withheld.
2. When a record contains material with release restrictions, the restricted material shall be redacted and the unrestricted portion released.
3. A copy of the redacted release should be maintained for proof of what was actually released and as documentation for the reasons of the redactions.
D. Denial of a Request If the record requested qualifies for an exemption based on the provisions of the statute, the requestor shall be notified of the withheld records to include the reference to the specific Code section that authorizes the exemption. Failure to provide a specific code citation when claiming an exemption(s) is a violation of FOIA.
1. The denial of records response should include one of the following qualifying reasons:
a. The requested records are being entirely withheld because their release is prohibited by law or the Department has exercised the right to withhold the records in accordance with the provisions of the Virginia Freedom of Information Act.
b. The requested records could not be found or do not exist.
2. In instances when it is known that the requested records are in possession of another public body, the response shall include contact information for the other public body.
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E. Exemptions 1. Chapter 37 of the Virginia statute provides detailed guidance on categories that are exempt from disclosure. The specific statute to identify and cite the appropriate exemption must be referenced.
2. Exemptions for the release of victim or witness information can be found in Virginia Code § 19.2-11.2.
3. Exemptions for the release of juvenile law enforcement records can be found in Virginia Code Sections § 16.1-301, § 16.1-309.
F. Processing Charges 1. The Chief Communications Officer for the Town is the point of contact for processing the fiduciary portion of any requests where costs are anticipated. The Town of Herndon will impose charges not to exceed actual costs incurred in accessing, duplicating, supplying, or searching for the requested records. All charges in excess of $50 for supplying requested records shall be estimated in advance and provided to the requestor.
2. In any case where it is determined in advance that charges for producing the requested records is likely to exceed $200, the Department will, before continuing to process the request, require the requestor to agree to payment of a deposit not to exceed the amount of the advance determination. The deposit shall be credited toward the final cost of supplying the requested records. The cost estimate must be provided to the requestor within the five business days of the request.
3. Before processing a request for records, the Town of Herndon will require the requestor to pay any amounts owed or outstanding balances for previous requests that remain unpaid 30 days or more after billing.
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I. POLICY The Herndon Police Department provides continuous police service to the Town of Herndon by enforcing state and local laws and ordinances, responding to calls for service, investigating crime and complaints, and apprehending criminals. The department will ensure these services are within their role and authority and comply with constitutional protections. II. TERMINOLOGY
• Arrest – To seize by legal authority and take a person into custody for a crime or certain offense, and whose freedom is restricted.
• Exigent Circumstances – An emergency situation requiring swift action to prevent imminent danger to life, serious damage to property, destruction of relevant evidence, or immediate escape of a suspect.
• Investigative Detention – The brief detention of an individual, based on reasonable suspicion of a crime, for investigative purposes.
• Probable Cause – Sufficient, articulable evidence, facts, or circumstances leading a reasonable person to believe that a crime has been, is being, or will be committed and is a requirement of the Fourth Amendment that must be met before an arrest is made, a search conducted, or a warrant obtained.
• Reasonable Suspicion – The reasonable likelihood, based on an officer’s training and experience, that a crime has been, is being, or will be committed, and should be reinforced with diligent, active investigation.
III. ROLE
The role of law enforcement is a necessary element of the criminal justice system and police officers are bound by a sworn oath to uphold the law before undertaking their duties. However, all department members are expected to serve in an ethical manner and abide by the Town of Herndon’s standards of conduct.
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A. Oath of Office <1.1.1> Herndon Police Department officers shall take and subsequently abide by an oath of office as prescribed by the Code of Virginia, prior to assuming sworn police status. The oath of office shall be administered by the Town Clerk or the Clerk of the Circuit Court.
B. Code of Ethics <1.1.2> Department members must commit to uphold the highest ethical standards in their professional and private lives. Ethical standards support the department’s mission, promote good order, and help to instill trust in community/police relationships. Biennial training will be provided. All department members will be held accountable for the following:
1. To be truthful and forthright, not practicing deceptive conduct or statements that omit material facts, and not engaging in deliberate acts of dishonesty.
2. To respect others’ property and personal effects and not engage in theft, vandalism, or misuse.
3. To act with integrity and maturity in the exercise of authority and discretion, with a reverence and respect for the dignity of all persons and the sanctity of human life, practicing self-control and being mindful of the welfare of others.
4. To be cooperative, respectful, considerate, and fair, never ridiculing or engaging in cruel, harassing, or degrading treatment of any person.
5. To honor their oath, position, and the law to determine appropriate actions, obey rules and authority, and accept personal responsibility.
6. To be kind and compassionate, serving others’ needs without ill motive or seeking personal gain.
C. Bias in Policing The department is committed to respecting the rights and dignity of all persons. All non- voluntary contacts such as investigative detentions, traffic stops, arrests, searches and Herndon Police Department
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seizures will be based on a standard of reasonable suspicion or probable cause as required by the Fourth Amendment of the U.S. Constitution and statutory authority. Officers must be able to articulate specific facts, circumstances and conclusions that support probable cause or reasonable suspicion for an arrest, traffic stop, search, or investigative detention. The following guidance applies:
1. Officers will maintain professionalism, integrity and accountability in all contacts with the public in order to continue to enhance the trust of the community. Policing based on bias is inconsistent with the mission of the Herndon Police Department and is not only prohibited but will not be tolerated. <1.2.9a>
2. Officers may consider the race, ethnicity, or group affiliation of a specific suspect or suspects based on credible, reliable, timely, or locally-relevant information that links a person to a particular criminal incident or links a specific series of crimes in an area to a group of individuals based on any group affiliation.
3. In an effort to prevent inappropriate perceptions of bias, officers will utilize the following strategies when conducting pedestrian and vehicle stops:
• Be courteous, polite, and professional. • Greet the citizen with appropriate title and explain the reason for the stop as soon as practical, unless providing this information will compromise the safety of officers or other persons. • Ensure that the length of the detention is no longer than necessary to take appropriate action for the known or suspected offense. • Answer any questions the person may have, including explaining options for the dispositions of related enforcement action. • Provide the officer’s name and badge number when requested. • Provide an explanation for credible, reliable, or locally relevant information that led to the stop or contact when no enforcement actions were taken, and/or it is determined that the reasonable suspicions were unfounded.
4. Initial and annual training will be provided to all enforcement personnel in relation to cultural diversity and bias-based policing issues, including legal aspects. <1.2.9b>
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5. All complaints of bias will be investigated by Internal Affairs. Any officer found to be involved in inappropriate bias-based profiling will be subject to disciplinary action and possible criminal and civil liability.
6. The Support Services Division commander will be responsible to complete a written annual review of agency practices involving bias to the Chief of Police. At a minimum the review will include: <1.2.9c>
a. A review of citizen complaints and/or comments received regarding biased policing; b. Recommendations, if any, for changes in procedures and practices.
IV. AUTHORITY <1.2.1>
The Code of Virginia, §15.2-1704 and Town of Herndon Code, Part II, Sec. 38-36, specifically conveys police power and legal authority to Herndon officers. Authority in civil matters is prohibited, with the exception of executing and serving temporary detention, emergency custody, and protection orders, and executing and serving warrants in the town. Authority is further clarified in the following:
1. Authority to Arrest Under the provisions of the Code of Virginia, §19.2-76 and §19.2-100, only sworn police officers may execute arrest warrants and pursuant to the Code of Virginia, §19.2-81 and §19.2-81.3, legal authority to effect warrantless arrests is outlined.
2. Authority to Use/Carry Weapons Pursuant to Code of Virginia 9.1-102, and as authorized by the Chief of Police, officers who have successfully completed training approved by the Virginia Department of Criminal Justice Services can carry and use weapons in accordance with the directives of this department.
3. Town Property Authority In accordance with the Code of Virginia, §15.2-1725 and §15.2-1124, Herndon police officers are empowered to enforce laws on any town-owned property located outside Herndon Police Department
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the boundaries of the town. This authority extends to all property within the town including that which is owned and operated by any other county, city, or town.
4. Authority to Enforce State Laws beyond Boundaries Pursuant to Code of Virginia, §19.2-250, officers are empowered to enforce state laws up to 300 yards beyond the boundaries of the town. Offenses occurring within this 300-yard zone must be prosecuted under state law. Such enforcement should be limited to situations where there is an immediate need to act. Traffic infractions are not extended under this authority.
5. Authority to Pursue Escapees Pursuant to Code of Virginia, §19.2-77, when a person in the custody of an officer escapes or flees from an officer attempting to arrest them, the officer with or without a warrant may pursue the person anywhere in the State of Virginia and when actually in close pursuit may arrest the person where they are found. In addition, if the person is arrested in an adjoining county, city, or town; the arresting officer may return the person before a magistrate of the county, city, or town from which the person fled. Otherwise, the person must be taken to a magistrate located in the jurisdiction where the arrest is accomplished.
6. Authority to Execute Warrant/Capias Outside Jurisdiction Under provisions §19.2-76 of the Code of Virginia, when a person is arrested on a warrant or capias in a jurisdiction other than the jurisdiction of the offense, the arresting officer in that jurisdiction may bring the person before a magistrate in the jurisdiction of the arrest or where the charge is to be tried, or turn the person over to the custody of an officer from the jurisdiction where the charge is to be tried.
V. ARRESTS <1.2.5>
A. Officers are empowered to execute felony and misdemeanor arrests, with or without a warrant, pursuant to Code of Virginia 19.2-81. Arrests must comply with a valid arrest warrant or meet legal criteria to arrest without a warrant. (Refer to the Juvenile Investigations General Order regarding juvenile arrest decisions.) An arrest can be executed as follows: Herndon Police Department
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1. When any crime has been committed in the officer’s presence;
2. When probable cause exists that a felony has been committed;
3. When probable cause exists that an offender has committed:
a. A violation pertaining to the operation of a motor vehicle while intoxicated (within three hours of the event),
b. A violation pertaining to the operation of a motor vehicle while intoxicated and where an accident has occurred,
c. A violation of a protective order.
4. With the reasonable complaint of a person who observed the alleged offense of: • Shoplifting • Weapon on school property • Assault and battery • Brandishing a firearm • Destruction of property
5. Upon knowledge of the existence of a warrant.
B. Persons placed under arrest shall be taken without delay before a magistrate having jurisdiction to issue a warrant or summons, as appropriate.
C. In all cases where an arrested person is taken before a magistrate, the arresting officer shall initiate a VCIN/NCIC wanted check on that person. If the wanted check returns with an active warrant, the arresting officer is responsible for ensuring that notification of custody to the originating agency is accomplished. D. Arrest Processing All persons arrested for the following offenses shall be processed under CCRE reporting procedures: Herndon Police Department
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• Treason • Any felony • Any Class 1 or 2 misdemeanor under Code of Virginia, Title 18.2 or Herndon Code of Ordinances, (except Disorderly Conduct, 18.2-415, and Trespassing, 18.2-119) • Any misdemeanor under Code of Virginia, Title 54.1
1. Persons arrested for misdemeanors that are reportable to the CCRE, but are released on a summons, shall not be processed until after a disposition of guilt is entered in court.
2. Officers effecting arrests which require CCRE processing must contact the Communications Section to determine if the arrestee has been previously assigned a system generated arrest number or if an initial number must be assigned.
3. All persons taken into custody for a CCRE reportable offense shall be processed using the LIVESCAN system. The arresting officer shall complete: • One Arrestee Information Worksheet for each arrestee • One IBR Information Sheet for each CCRE charge • The IBR Information Sheet and a copy of the LIVESCAN disposition sheet shall be attached to the LIVESCAN FBI card
E. Summonses Unless otherwise noted, Code of Virginia 19.2-73 and 19.2-74, permits the issuance of a summons as follows:
1. For offenses that violate local ordinances, Class 1 or 2 misdemeanors, or any other misdemeanor that may be subject to a jail sentence, unless exceptions apply. 2. For traffic violations under Title 46.2 upon a written promise to appear, unless exceptions apply.
3. Although a summons is permitted, an offender may be arrested as a result of the following:
a. If, after issuing a summons, the offender continues the unlawful act. Herndon Police Department
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b. If the officer believes that the offender is likely to disregard a summons, or may cause harm to themselves or others, then the officer may take the offender before the magistrate.
c. If the offender refuses to sign the written promise to appear on a summons, the officer shall take the offender before the magistrate.
d. If proper identification cannot be established.
F. Discretion Officers are provided training that, coupled with experience, provides an ability to apply discretionary judgment in certain cases. Discretion or alternatives to arrest shall align with their oath of office, the limits of authority as established by law, decisions and interpretations of the courts, and departmental policy. Available options utilizing discretionary authority include: no arrest, an informal resolution of the incident or problem, issuance of a summons, or arrest.
1. Not executing an arrest or the use of informal resolutions generally result in referrals to other agencies, mediating agreements between two or more parties, or issuing a warning. Such action is the least coercive of all enforcement measures and shall be applied when stricter enforcement methods are unnecessary or inappropriate under the circumstances.
2. The decision to utilize discretionary methods must be reasonably based on the totality of the circumstances.
3. Supervisors shall review each incident report to ensure that proper action or discretion was taken under the circumstances.
G. De-Arrest If an officer executes an arrest based on probable cause but subsequently determines that probable cause ceases to exist, the person under arrest did not commit a crime, or that the event was not a crime, then the officer must terminate the arrest process immediately. If an officer determines that they must de-arrest a person in custody, the Herndon Police Department
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officer shall notify their supervisor immediately and work with the supervisor to ensure that the person is restored to the same or improved location or position occupied before the arrest. The de-arrest shall be documented in an incident report and a memorandum summarizing the event and actions taken shall be sent to the Chief of Police through the chain of command.
VI. CONSTITUTIONAL RIGHTS AND PROTECTIONS
Officers are expected to act in accordance with constitutional guidelines and restrictions while affording all citizens encountered with the clearly established constitutional rights to which they are entitled, as interpreted through case law precedents, or as affirmed by the Code of Virginia. Officers shall provide all persons constitutional and statutory rights to which they are entitled. (Refer to the Criminal Investigations and Juvenile Investigations General Orders for additional guidance related to investigations, and the Legal Process General Order with regard to executing search warrants.)
A. Freedom of Speech (First Amendment) 1. Citizens have first amendment rights to free speech, which, at times may be directed at police in the form of offensive gestures or names, harsh language, or hostile rhetoric. Such speech is protected, and officers must effectively perform their duty to enforce the law while exercising a higher degree of restraint towards such behavior. Speech that causes imminent lawless action is not protected.
2. Audio or video recording or taking photographs of people or things in public by citizens, which includes police officers carrying out their duties, is a protected right. In such situations, officers must continue to effectively enforce the law unless this activity interferes with the performance of their duty.
B. Search and Seizure (Fourth Amendment right against unreasonable searches and seizures) <1.2.4> It is a constitutional right for people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. Proper searches and seizures promote successful prosecution efforts and withstand admissibility into court. An improper or illegal search or seizure violates the public’s assurance that they are secure Herndon Police Department
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and protected from unreasonable government intrusion. In order to ensure that these rights are protected, officers will obtain search warrants, based upon probable cause, with the following exceptions:
1. Consent Search - Dwellings A search may be conducted after consent is voluntarily given by someone who has the authority to give it. Officers may request consent to search a dwelling based on reasonable suspicion, and the reasons must be articulable in a report. When conducting a consent search of a dwelling, a written consent form should be signed (form HP813) to indicate the voluntary nature. A consent to search can be withdrawn at any time, and if withdrawn, the search must be discontinued until a warrant is obtained.
2. Search Incident to Arrest A search incident to an arrest consists of the suspect’s area within their “immediate control” to check for weapons, harmful objects, evidence, and contraband. This includes a thorough search of the suspect’s clothing and pockets, removal of coats, jackets, or outer garments, and may include a contemporaneous vehicle search if the arrested person is within reaching distance of the passenger compartment at the time of the search, or if reasonable belief exists that crime-related evidence is present in the vehicle in close proximity to where the suspect was located.
3. Vehicle Searches
a. Consent Search A search may be conducted after consent is voluntarily given by someone who has the authority to give it. Officers may request consent to search a vehicle based on reasonable suspicion, and the reasons must be articulable in a report. If consent is granted, it must be voluntary and to be valid, it must not be explicitly or implicitly coerced, threatened, or otherwise forced based on the totality of the circumstances. Consent can be withdrawn at any time, and if withdrawn, the search must be discontinued until a warrant is obtained.
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b. Canine Search An officer may request a canine to conduct a search of a vehicle in conjunction with a traffic stop. The officer shall notify their immediate supervisor at the time of the request along with the articulable reason for the search and include this information in a report regardless if anything was found. The request and subsequent canine search must not unreasonably prolong the stop beyond the time required to complete the objective of the stop. If a canine indicates an alert on a location, probable cause is established. Canine officers must also include the documentation of all searches in their reports, regardless if anything was found.
c. Warrantless Search (Carroll Doctrine) A warrantless search of a vehicle can be conducted if an officer has probable cause, or evidence of a crime or contraband is inadvertently discovered due to “plain view, plain smell, or plain feel” and is immediately recognizable as “fruits, instrumentalities or evidence of a crime, and/or contraband”. The scope of the search is defined by the object of the search, and where probable cause would lead an officer to believe that the object may be found. If probable cause justifies a search or limited search for an object, an officer may search the vehicle and any containers in the vehicle which may conceal the object of the search.
d. Inventory Search Officers shall perform an inventory search of a vehicle prior to towing in the event a vehicle is abandoned or impounded, for the purpose of protecting the owner’s property, protecting against claims of lost/stolen property, and identifying potential dangers located in the vehicle. Valid inventory searches are not a means to permit a general search to discover incriminating evidence, but rather are necessary to produce an inventory of the contents of a towed vehicle using Form 6143 for a standardized inventory search.
4. Investigative Detentions (Terry Stops) a. A “Terry stop” constitutes a seizure due to the temporary restriction of a person’s freedom. It is justified by reasonable suspicion that a crime has occurred, is occurring, or is about to occur; or, the officer reasonably suspects that a person is Herndon Police Department
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illegally carrying a concealed weapon in violation of Code of Virginia, §18.2-308. The stop must be reasonably related in scope to the suspicion of the crime.
b. If, during a Terry stop, a person’s conduct, gestures, or movements lead an officer to believe that the person is armed and could be dangerous, the officer can conduct a frisk (pat-down), which is a superficial, outer clothing search of a person for weapons. Frisks do not justify a full search, like reaching inside the person’s pockets or purse, unless a weapon is detected during the frisk. All Terry stops do not justify a frisk, and officers will need separate and reasonable facts to conduct frisks or pat downs.
c. The following factors may be considered in building a justification for a Terry stop (all of the factors need not be present): • The officer has valid knowledge that a person has a prior felony record; • A person fits the description of a wanted bulletin or lookout; • A person has exhibited furtive conduct such as attempting to conceal an object from the officer's view, or intentionally reaching for something; • Clothing worn by a person is similar to the suspect's clothing described in a lookout for a known offense; • A person exhibits unusual behavior, such as staggering or appearing to be in need of medical attention; • The area and time of day, such as a person observed in a public area which has a history of recurring crime during the same time period as the time of the stop; • Hearsay may cause an officer to conduct a Terry stop, and the use of such information is dependent upon the information known by officers and its degree of reliability. Officers must corroborate some of the information provided by citizens or from anonymous tips when developing reasonable suspicion to conduct an investigative stop.
5. Fingerprint Identification Search Mobile AFIS “Automated Fingerprint Identification System” devices perform rapid precursory searches of automated fingerprint files accessible through NOVARIS and may be a useful tool in verifying the identity of a person. Consent must be obtained Herndon Police Department
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from an individual prior to conducting a mobile AFIS query, except when used to confirm the identity of a subject placed under arrest.
6. Search in Exigent Circumstances An exigent search may be conducted due to emergency circumstances to save life, property, or evidence of a crime. An emergency must exist, and the primary motive of the search must be to protect persons, property, or evidence, and the area searched must be associated with the emergency.
7. Strip Search <1.2.8> A. A strip search is an intrusive search as it requires a person under arrest to arrange some or all of their clothing in order to permit a visual inspection of the genitals, buttocks, anus, female breasts, or undergarments for the purpose of searching for a concealed weapon or contraband.
B. Strip searches may be conducted on any person in custody if there is reasonable cause to believe that the individual being searched is concealing a weapon in such a manner that it may not be discovered by a normal search incident to arrest.
C. Strip searches for contraband may ONLY be conducted if there is reasonable cause to believe that the individual being searched is concealing contraband AND the person in custody is charged with a Class 1 or 2 misdemeanor or above (no traffic infractions). No juvenile shall be subject to a strip search for contraband.
D. The following shall also apply to any strip search conducted:
1. A supervisor shall provide authorization and approval to conduct the search based on consideration of the nature of the crime, circumstances of the arrest, juvenile status, subject’s history, acts of violence, and findings of the search incident to arrest.
2. Pursuant to Code of Virginia, 19.2-59.1, the strip search must be conducted by an officer of the same gender as the person in custody. If a same gender Herndon Police Department
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officer is not available, a request shall be made to the neighboring jurisdiction to provide assistance.
3. Whenever feasible, strip searches on a person in custody shall be conducted at a detention facility unless such search needs to be conducted prior to transport for safety reasons.
4. The strip search shall be conducted on premises where the search cannot be observed by persons not physically conducting the search. If this search must be conducted in the field prior to transport, reasonable efforts shall be made to ensure the search is not visible by others.
5. Strip searches at a detention facility shall be conducted by their personnel and in accordance with their established procedures and state law.
6. The details of any strip search conducted by a Herndon Police Department officer shall be fully documented in an incident report to include the justification for the search, location conducted, what clothing was rearranged, and the results of the search.
E. The reasonableness of a strip search under the Fourth Amendment is evaluated through a four-prong approach pursuant to United States v. Lamar Meyers, (2019):
1. Officer’s justification for conducting the strip search – is there a compelling safety justification for conducting the search immediately.
2. Place in which the search was conducted – can the search be conducted in privacy outside the view of non-involved parties.
3. Scope of the particular intrusion – is the scope of the search confined to the area where the officer has reason to believe the weapon or contraband is located.
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4. Manner in which the search was conducted – is the search conducted in a manner that does not pose unnecessary risk of harm to the person being searched and officers take reasonable efforts to minimize its intrusiveness.
8. Body Cavity Search <1.2.8> A visual or manual body cavity search, other than the mouth, shall be pursuant to a search warrant, conducted either by or under the supervision of medically trained personnel at the detention center or authorized medical facility. The search and results shall be documented.
9. Conducting Searches Officers are expected to conduct searches according to current training, established rights, and department policy. The following provides practical guidelines for conducting searches, as appropriate; however, officers should contact a supervisor to resolve any questions:
1. Officer safety and other exigencies must be considered in every search situation and should be conducted with due respect.
2. If practical, officers should explain to the person being searched the reason for the search and how the search will be conducted.
3. Searches should be carried out with due regard and respect for private property and in a manner that minimizes damage. Property should be left in a condition as close as reasonably possible to its pre-search condition.
4. If practical, an attempt should be made to obtain keys, access codes, etc., when a search of locked property is anticipated, in order to minimize the need for forcible entry.
5. A search should not be conducted by one officer, but a cover officer should be positioned to ensure safety while not involved in the search.
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6. When the person to be searched is of the opposite sex as the searching officer, a reasonable effort should be made to have an officer of the same sex as the subject conduct the search. When not practical, another officer or supervisor should witness the search.
C. Miranda Warnings (Fifth Amendment right against self-incrimination) <1.2.3> Miranda warnings are an advisement of constitutional rights that must be given to a suspect prior to a custodial interrogation. Because officers utilize investigative techniques in interviewing, questioning, and interrogation to aid them in discovering the truth about an incident, it is important to recognize the distinct differences so that rights are ensured. The following is presented as a guide:
1. Interviewing Interviewing is the first stage and lowest level of interaction with victims, witnesses and others to gather facts and get the details of an incident. Persons encountered are not yet considered a suspect while efforts to substantiate probable cause continues.
2. Questioning Questioning becomes the next step in the progression to identify a suspect and ascertain their involvement due to circumstantial or physical evidence. Persons questioned are not under arrest, are free to leave at any time, and may or may not answer questions.
3. Interrogation Interrogation is the final step in an interaction with an identified suspect where direct evidence or strong circumstantial evidence exists to link the person to the crime. If a suspect is taken into custody and is subject to interrogation, Miranda warnings must be administered, as follows:
a. Prior to interrogation when the suspect is in arrest custody and the suspect believes they are not free to leave.
b. After clearly issuing the Miranda warning, the officer shall ask and receive an affirmative response to the question “Do you understand each of these rights as I Herndon Police Department
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have explained them to you?” The suspect should then be required to sign form HP811 – Miranda Warning, which will be maintained with the case file.
c. At any point that the suspect requests an attorney, interrogation must cease. The suspect must make a clear, unambiguous, and unequivocal request for an attorney in order to invoke their right to an attorney.
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I. POLICY
It is the policy of the Herndon Police Department that officers shall use objectively reasonable force to accomplish lawful objectives. A reverence and respect for the dignity of all persons and the sanctity of human life shall guide officers in the use of force and be the governing principle in training, leadership, and policy. Use of force authorized by the department involves differing tactics and the choice of a particular tactic must be objectively reasonable and demonstrate proportionality to the threat under the prevailing circumstances. The Herndon Police Department maintains use of force policies that adhere to all applicable federal, state, and local laws.
II. TERMINOLOGY
o Compliant – An action of a person who follows lawful orders, is cooperative, and offers no resistance.
o Deadly or Lethal Force – Any force that is likely or intended to cause death or serious bodily injury.
o Excessive Force – Any force that is not objectively reasonable given the totality of facts and circumstances, and takes into consideration the severity of the crime, immediate threat posed to the safety of the officer or others, active resistance to arrest, and/or attempting to evade arrest by flight.
o Less Lethal Force – An action or application of force that is not intended or reasonably likely to cause death or serious bodily injury.
o Medical Aid – Any action taken by police personnel to provide basic care, such as first aid or CPR, for an injury, illness, or condition.
o Medical Treatment – Any action taken by medically-trained personnel to evaluate or treat an injury, illness, or condition.
o Objectively Reasonable Force – The level of force that is appropriate to compel compliance based on the totality of the facts and the circumstances when analyzed from the perspective of a reasonable officer possessing the same information and faced with the same circumstances, outside of hindsight.
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Objective reasonableness takes into consideration the fact that officers must make rapid decisions regarding the amount of force to use in tense, uncertain, and rapidly evolving situations. The “objective reasonableness” standard applies to all uses of force.
o Proportionality – the level of action taken in relation to the opposing action or threat encountered.
o Reasonable Belief – the perception, based on the totality of the facts and circumstances known at the time, by an officer on the scene of an incident as the event is unfolding. <4.1.2>
o Resistance: - Active Resistance – An action of a person who does not comply with lawful orders, is actively uncooperative, and offers combative resistance in order to prevent being placed in custody or under control. - Passive Resistance – An action by a person who does not comply with lawful orders, is uncooperative but non-violent, is unarmed and poses no immediate risk of danger to themselves or others, and resists enforcement efforts in order to prevent being placed in custody or under control.
o Serious Bodily Injury – An injury which creates a substantial risk of death, disfigurement, prolonged hospitalization, impairment of the functions of any bodily organ or limb, or any injury that medical personnel deem to be potentially life threatening. <4.1.2>
o Use of Force – An action or application of force required to compel compliance of an uncooperative, combative, or threatening subject. It DOES NOT include escorting or handcuffing a compliant subject.
o Vehicular Use of Force – Instances whereby a police vehicle is used to immobilize or make contact with another vehicle, object, or person as a direct result of the intentional actions of the operating officer, or other forcible stopping techniques such as the Precision Immobilization Technique, and roadblocks (rolling or stationary).
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III. LEGAL REFERENCES A. Graham v. Connor (1989) The US Supreme Court established the legal standard used to determine the lawfulness of a use of force, pursuant to the Fourth Amendment, in its ruling: 1. The court held, “…that all claims that law enforcement officers have used excessive force – lethal or not – in the course of an arrest, investigatory stop, or other seizure of a free citizen should be analyzed under the Fourth Amendment and its objective reasonableness standard… The Fourth Amendment “reasonable” inquiry is whether the officers’ actions are ‘objectively reasonable’ in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation. The ‘reasonableness’ of a particular use of force must be judged from the perspective of a reasonable officer on the scene, and its calculus must embody an allowance for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation.”
2. The reasonableness of any use of force by law enforcement officers is judged by the courts using a three-part test. Specifically, the courts look at:
• The severity of the crime at issue, • Whether the suspect poses an immediate threat to the safety of the officers or others, and • Whether the suspect is actively resisting arrest or attempting to evade arrest by flight. 3. The force must be reasonable based on the totality of the circumstances known to the officer at the time the force was used. B. Virginia Code §19.2-83.5 considers additional factors to determine the reasonableness of deadly force, to include: 1. Reasonable belief;
2. Totality of circumstances, including: a. the amount of time available to the officer to make a decision;
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b. whether the subject possessed or appeared to possess a deadly weapon and refused to comply with law enforcement, or an officer’s lawful order to surrender the weapon; c. whether de-escalation measures were used (i.e., cover, backup, calming measures, or less lethal force); d. whether any conduct by the officer prior to the use of deadly force intentionally increased the risk of a confrontation that resulted in the force used; e. seriousness of the suspected crime.
C. Tennessee v. Garner (1985)
The US Supreme Court determined in its ruling that the use of deadly force may be used to stop a fleeing suspect when: • The officer has probable cause to believe that the individual has committed, or intends to commit, a felony involving the infliction or threatened infliction of serious bodily injury or death, AND • The officer reasonably believes that there is an imminent risk of serious bodily injury or death to any other person if the individual is not immediately apprehended.
Under such circumstances, a verbal warning should precede the use of deadly force, where feasible. IV. DE-ESCALATION
A. Efforts to de-escalate an incident prior to or following a use of force must be judiciously exercised. The main goal of de-escalation strategies is to gain voluntary compliance and reduce the level of force required in a situation or prevent any use of force if possible.
B. The decision to use force is limited to the facts known or perceived by the officer at the time such force is used, for example, the level of resistance encountered, behavioral cues, the number of officers and/or offenders present, the availability of other options, etc. Use of force incidents often require the officer to transition to differing degrees or types of force, including attempts to de-escalate the situation, based on a subject’s actions and responses. Officers must modify and
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manage their level of force in proportion to the amount of resistance offered by the subject.
C. Recognition of a person that is not capable of understanding the gravity of the situation due to medical, mental, physical, language, or hearing impairment is critical and may allow more effective tactics to be utilized without jeopardizing officer safety.
D. De-escalation strategies should include:
1. Using distance and cover;
2. Tactical repositioning;
3. Efforts to slow the situation down in order to provide more time to assess the situation through verbal techniques, requesting additional assistance or resources, or calling for a supervisory response; 4. Effective communication and negotiation; 5. Using Crisis Intervention Teams to provide specific assistance for persons that could benefit from health care solutions or other services;
6. Avoiding over-reliance on weapons;
7. Efforts to avoid conduct that would intentionally increase the risk of a deadly confrontation. E. The use of force shall end when resistance ceases, and/or the officer has accomplished the lawful purpose. Nothing in this policy is intended to discourage officers from using a higher level of force whenever such force is necessary, proportionate to the threat, and objectively reasonable under the circumstances.
V. USE OF FORCE
Officers may use force to the extent permitted by law, training, and policy and are authorized to use proportional, objectively reasonable force to establish control and gain compliance when the officer perceives it is necessary given the circumstances
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known to the officer at the time. Efforts to effectively communicate or negotiate in order to gain compliance should be attempted prior to heightening the response. Officers utilizing force should consider the degree to which the application of force may be controlled given the level of resistance, whether the person can comply with the direction or orders of the officer, and whether the person has been given sufficient opportunity to comply. Officers shall escalate or de-escalate their use of force in direct response to the opposing person’s actions. <4.1.1>
A. To accomplish lawful objectives, force may be used to: 1. Effect a lawful arrest;
2. Control a situation, or to overcome resistance to an investigative stop of a person reasonably suspected of committing or about to commit an offense;
3. Overcome resistance or prevent escape of a person reasonably suspected of committing or about to commit an offense;
4. Prevent the commission of a crime involving or threatening physical injury, damage or loss of property, or breach of the peace;
5. Defend oneself or others from injury or assault;
6. Effect custody as authorized by law, execute legal process, or enforce an order of the court;
7. Prevent an individual from committing suicide or self-inflicting harm. B. In the event of a use of force, regardless of the type of force or weapon used, officers shall:
1. Advise, warn, command, or verbally persuade, when tactically feasible, prior to the use of force.
2. Effectively de-escalate force as resistance ceases.
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3. Allow individuals time to submit to arrest before increased force is used, whenever possible.
4. Intervene when safe or able to do so, if the observed use of force by another officer is clearly beyond that which is objectively reasonable under the circumstances.
C. When use of force is necessary, officers will assess each incident based on policy, training, and experience to determine which force options are appropriate in order to bring the situation under control in the safest manner possible for all persons.
D. In certain situations, exigent circumstances may outweigh the recommendation of a specific guideline; however, officers should always be able to articulate the justification for going outside of department policy or training.
E. Officers found to have used excessive force shall be subject to discipline, to include possible termination, and may be subject to criminal prosecution, and/or civil liability.
F. All use of force incidents shall be documented. The department will review all use of force incidents, and investigate, if appropriate or dictated by policy, in order to validate compliance, correct, or identify misuse.
G. Use of Force Prohibitions and Exceptions
1. Warning Shots <4.1.3> Officers are prohibited from firing warning shots.
2. Shooting into or at Moving Vehicles Willfully discharging a firearm into or at a moving vehicle and/or its occupants is prohibited unless it is immediately necessary to protect the officer or others from death or serious bodily injury.
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3. Neck Restraints The use of chokeholds, carotid restraint holds, or other neck restraints are prohibited unless it is immediately necessary to protect the officer or others from death or serious bodily injury. <4.1.6, 4.1.7>
4. Handling/Pointing Weapons Officers shall exercise caution at all times and in any place when handling or displaying firearms. Firearms, whether loaded or unloaded, shall not be aimed at any person except as necessary in the line of duty. Pointing a firearm at an individual shall be documented in an incident report.
5. Use of Firearms While Under the Influence of Alcohol and/or Drugs Officers shall not carry or use any firearm or weapon while impaired by alcohol, drugs, or any other medical condition that might interfere with their judgment or proficiency, on or off-duty.
6. Excited Delirium Officers who use force on persons exhibiting symptoms of mental health issues or drug intoxication should give particular consideration that these persons may be at an increased risk or are experiencing excited delirium. Excited delirium should be strongly suspected in subjects who exhibit extreme paranoia, physical symptoms (profuse sweating, foaming at the mouth, seizures, shaking, inability to breathe, etc.), violent resistance to arrest, little or no reaction to pain, unusual strength, and/or extreme aggression. Excited delirium is a potentially fatal acute medical condition. Subjects who are exhibiting signs or symptoms of excited delirium shall be evaluated at a medical facility.
7. Positional Asphyxia Officers shall ensure that subjects, especially those who are obese, believed to have a respiratory disease, or those that have exerted great physical effort (i.e., foot pursuit, fighting, etc.) are restrained or transported in a manner which does not constrict their breathing.
8. Use of Force on Subjects in Restraints a. Physical force shall not be used against individuals in restraints, except as objectively reasonable to prevent their escape or prevent imminent bodily injury to the individual, the officer, another person, or property
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damage. In these situations, only the minimal amount of force necessary to control the situation shall be used.
b. Striking instruments, ECWs, or chemical spray shall not be used on individuals in restraints except in the most extreme circumstances where the person continues to pose a threat to the officer or others, and/or other force alternatives have been ineffective or deemed unacceptable for the situation.
9. Use of Firearms Against Animals a. Less lethal options shall be given first consideration, when possible, against an animal that is attacking or threatening to attack a person or another animal. Less lethal options may reduce the likelihood of serious injury or death to the animal and may provide a more humane conclusion to the incident.
b. Officers may use deadly force when the killing of an animal is justified, or when an animal is too sick or injured to recover and must be destroyed. If feasible, an animal control officer should be notified, but if the officer must destroy a sick animal, it shall be at the direction of a supervisor and documented as a use of force in an incident report.
VI. DUTY TO INTERVENE <1.2.10> A. Pursuant to Virginia Code §19.2-83.6, officers have a duty to intervene, if, in the performance of duty, they observe another officer engaging or attempting to engage in the use of excessive force. When such intervention is feasible, and as soon as possible, an officer must end or prevent the use of excessive force. The following provisions shall apply:
1. Determine appropriate intervention measures to take (verbal and/or physical) given the circumstances of the incident.
2. Ensure medical aid or treatment is provided, as needed.
3. As soon as possible, promptly report to a supervisor all observations and intervention actions taken.
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B. If excessive force or an action taken to intervene is reported, supervisors shall take steps to conduct a preliminary investigation into the incident to gather the facts.
1. Following the investigation, the supervisor shall submit a report to their division commander outlining the details and findings.
2. Division commanders shall review the investigation, and with the concurrence of the Chief of Police, determine if an administrative investigation is warranted.
C. Officers who report observations of excessive force and/or actions taken to intervene shall not be subject to retaliation, threats, or disciplinary action.
D. Failure to intervene shall be subject to disciplinary action, criminal and/or civil liability.
VII. MEDICAL AID <4.1.5>
Once the scene is safe, and as soon as practical, officers shall ensure that following a use of force, appropriate medical aid or medical treatment is provided to any person who is obviously injured, alleges an injury, or requests medical attention.
VIII. DEADLY FORCE <4.1.2> A. Officers may use deadly force when there is a reasonable belief that such action is immediately necessary to protect themselves or another person from death or serious bodily injury.
B. Officers shall not resort to the use of deadly force if there is a reasonable belief that an alternative, such as tactical repositioning or withdrawal, will avert or eliminate an imminent danger of death or serious bodily harm, and achieve the law enforcement purpose at no increased risk to the officer or another person.
C. Deadly force may only be used to apprehend a fleeing felon if it is necessary to prevent their escape, AND probable cause exists that the suspect poses an immediate threat of death or serious bodily injury to the officer or others, and all other means to effect an arrest have been exhausted.
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D. Deadly force shall not be used to apprehend a fleeing misdemeanant.
E. Deadly force shall not be used to subdue persons whose actions are only destructive to property.
F. Deadly force shall not be used against persons who pose a danger only to themselves. VII. REPORTING USE OF FORCE The department has an established use of force reporting system that enables the effective documentation and review of all use of force incidents. Use of force incidents that are mandated to be investigated by policy, that do not comply with policy, or where a complaint has been reported, will be subject to an internal affairs investigation.
A. What to Report The following incidents shall be reported as a use of force incident:
1. Physical force which rises above compliant handcuffing. <4.2.1d>
2. Any application of force from the deployment of lethal or less lethal weapons on persons or animals. <4.2.1c>
3. An action that alleges or results in an injury or death. <4.2.1b>
4. Any use of force that further compounds a pre-existing injury, illness, or condition. Medical treatment for a pre-existing injury or condition, if known, shall be documented in an incident report.
5. Intentional discharge of an approved/authorized firearm on-duty or off- duty. This DOES NOT apply to authorized training exercises or lawful firearms related off-duty activities such as hunting or recreational shooting. <4.2.1a>
6. Unintentional discharge of an approved/authorized firearm on-duty or off- duty. <4.2.1a>
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7. Police K-9 bite or injury.
8. Vehicle incidents as a use of force (see terminology).
9. Observed excessive force.
B. Officer’s Responsibility 1. Officers shall immediately notify their supervisor following a use of force. 2. The use of force shall be documented in an incident report; however, directly involved officer(s) in a deadly force deployment that results in a death or serious bodily injury, who provide a taped statement will not be required to complete a written report (refer to the Investigation of Deadly Force Deployments SOP). <4.2.2> 3. The incident report shall include the following information: a. A detailed account of the incident from the perspective of the officer writing the report.
b. The reason for the initial police presence.
c. A specific description of the acts that led to the use of force, including the attempts to seek compliance and the subject’s reactions to those attempts.
d. A description of the level of resistance encountered.
e. A description of each type of force used and officers/witnesses present.
4. Each officer in a position to see or hear a use of force incident shall document their individual actions and observations in an incident report. 5. The incident report shall be submitted prior to the end of the officer(s) shift, unless excused by a supervisor due to extenuating circumstances (e.g., injury, fatigue, personal conflict of an urgent nature). 6. Following all use of force incidents involving the Electronic Controlled Weapon, the officer shall present the weapon, at the end of the shift or as
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soon as practical, to the on-duty Lieutenant or Training Supervisor so that a weapon scan can be performed, and a weapon evidence log can be documented. The evidence log printout shall be submitted as soon as possible as a supplement to the incident report. C. Supervisor’s Responsibility 1. The supervisor shall respond to a use of force incident and provide scene management and initiate a preliminary investigation. The supervisor shall take photographs of the scene, affected person(s), and any other items that would sufficiently document the incident or condition of the person, or an injury. These photographs shall be submitted with the Use of Force Report. 2. The supervisor shall ensure that the involved officer completes an incident report on the use of force prior to the end of the officer’s shift or no later than the beginning of the next shift, if circumstances dictate. 3. The supervisor shall review the officer’s incident report and all audio/video recordings, complete a Use of Force Report in the Records Management System by documenting preliminary determinations of the incident, and forward the report through the chain of command. 4. The supervisor shall notify by email, through their chain of command to include the Training Supervisor, of the completion of the Use of Force Report, ensuring the incident number is provided. The Assistant Division Commander in the chain of command shall review the Use of Force Report and forward it to the Field Operations Division Commander for final review. The Training Supervisor shall review all Use of Force Reports in order to address any training issues. <4.2.2> D. Division Commanders’ Responsibility <4.2.2> 1. The Field Operations Commander shall conduct a review of all Use of Force Reports documented in the Records Management System to determine if department policy was followed. A copy of the Use of Force Report shall be directed to Internal Affairs for investigation, and the Chief of Police shall be notified, as follows: a. Where findings indicate that the force utilized was NOT consistent with policy,
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b. If the force utilized is mandated by policy to be investigated, c. If a use of force complaint has been reported. 2. The Support Services Commander shall conduct an annual analysis of use of force incidents and its governing policies and practices. <4.2.4> a. The analysis shall review statistical information collected on each type of force used to include:
• Date/Timeframe • Reason for Stop • Race • Ethnicity • Age • Gender • Type of Force Used • Injuries (Suspect/Officers) • If Policy Compliant
b. The analysis should determine trends or patterns indicated in the categories of race, age, gender, type of force used, and injuries that resulted. c. The analysis should conclude, based on statistics and trends/patterns indicated, if there is any impact on policy, practice, equipment, or training and provide recommendations for modification. IX. USE OF FORCE TRAINING
A. Officers shall receive initial and routine instruction in the department’s use of force policy and proper training in the lawful use of all force tactics, to include any revisions or modifications, prior to authorization to carry a weapon, during field training, and as a part of annual tactics and weapons training. <4.3.4>
B. All officers shall receive mandated training, which meets Virginia Department of Criminal Justice Services (DCJS) and/or department requirements, in the lawful use of all weapons and equipment they are issued, authorized and approved to carry prior to issuance or approved for use, or in conjunction with weapons or equipment recertification standards.
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C. Only weapons approved and/or issued by the Herndon Police Department, as specifically authorized, and in accordance with policy, training and qualification requirements, may be carried by officers or used as control weapons.
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I. POLICY
This policy works in conjunction with the department’s Use of Force directive and details tactics associated with all lethal and less lethal weapons approved for use by officers acting in an official police capacity on-duty or off-duty.
II. LETHAL WEAPONS A. The department authorizes the use of lethal weapons in accordance with training and the use of force policy. The following provisions shall apply for all department issued or authorized weapons approved for use:
1. Officers shall not carry any weapons prior to successfully completing the relevant department approved training for each weapon, demonstrating proficiency in the use of the weapon, and maintaining qualification requirements.
2. Officers shall only use weapons that are issued and/or approved by the department while acting under their law enforcement badge of authority.
3. Officers shall only carry department issued ammunition in issued and/or approved firearms and no other ammunition shall be carried on or off- duty while acting under their law enforcement badge of authority.
4. No modification shall be made to the issued and/or approved weapon without the armorer’s inspection and approval.
B. Firearms
1. Primary Firearm – Sworn officers are issued and authorized a primary service weapon following training, qualification and demonstrated proficiency. 2. Secondary Firearm – Pending written approval by the armorer, firearms supervisor, and the Chief of Police for a personally owned backup or secondary firearm for use while on-duty (Form HP 614), along with annual qualification and demonstrated proficiency in the use of the firearm, officers will be authorized to carry secondary firearms. If
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approved, the secondary firearm must be concealed from common observation and used only as a last resort.
3. Off-Duty Firearm – Pending written approval by the armorer, firearms supervisor and the Chief of Police for an off-duty firearm (Form HP 614), along with annual qualification and demonstrated proficiency in the use of the firearm, officers will be authorized to carry off-duty firearms. Officers may carry either their department issued primary firearm off- duty or an approved off-duty firearm. If approved, the off-duty firearm must be concealed from common observation in an approved holster and the officer must carry their badge and credentials with them at all times.
4. Rifle - A rifle is issued and authorized for sworn officers who have successfully trained, qualified and demonstrated proficiency in its use. Pending the written approval from the armorer, firearms supervisor and the Chief of Police for a personally owned rifle (Form HP 614), along with semi-annual qualification and demonstrated proficiency in the use of the rifle, officers will be authorized to carry a personally owned rifle while on-duty that must meet department approved specifications. 5. Shotgun - Sworn officers are authorized to use a shotgun following training, annual qualification and demonstrated proficiency.
III. LESS LETHAL WEAPONS AND TECHNIQUES <4.1.4>
The department authorizes the use of less lethal weapons and techniques in accordance with training and the use of force policy. The following provisions shall apply for all department issued or authorized less lethal weapons approved for use:
• Officers shall not carry any weapons prior to successfully completing the relevant department approved training for each weapon, demonstrating proficiency in the use of the weapon, and maintaining qualification requirements.
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• Officers shall only use weapons that are issued and/or approved by the department while acting under their law enforcement badge of authority.
• No modification shall be made to the issued and/or approved weapon without approval.
A. Physical Force or Pain Compliance Techniques Pain compliance techniques may be effective in controlling a subject’s resistance. Officers may use physical force or pain compliance techniques in accordance with training and policy to the degree they are objectively reasonable and demonstrate proportionality to the threat in order to establish control and gain compliance.
B. Chemical Weapon Chemical spray offers an alternative to physical control techniques or other less lethal weapons and may be used in accordance with training and policy. Prior to utilizing chemical spray, officers should consider the totality of the circumstances and give particular consideration to its use on persons who are at risk for adverse reaction.
1. Restrictions or Limitations of Use Chemical spray should NOT be used:
a. On individuals that appear frail, young children, the elderly, women believed to be pregnant, or persons with known respiratory conditions. However, chemical spray may be used under exceptional circumstances involving imminent danger of suffering serious bodily harm if it is the only objectively reasonable method to control the individual in order to avoid such harm.
b. In crowded areas, except in exigent situations, after taking into consideration all of the circumstances and possible exposure to others.
c. Near an open flame or flammable material, or in closed or poorly ventilated spaces.
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d. In hospitals.
2. Aid after Application a. Subjects in police custody who have been exposed to chemical spray shall, as soon as practical, be examined by rescue personnel. If the subject is still in police custody and the symptoms persist beyond 45 minutes, the officer shall seek further medical treatment for the subject.
b. Subjects should be asked if they suffer from any respiratory ailments, and if so, should be exposed to fresh air as much as possible.
c. When transporting a subject to a police or medical facility, the subject’s condition should be monitored for signs of breathing difficulty, nausea, or other physical discomfort. A subject should never be left unattended until the effects of the chemical spray have completely diminished. The officer shall inform the party to whom custody is relinquished that the subject has been exposed to chemical spray.
C. Impact Weapon Impact weapons may be used for defensive and control purposes in accordance with training and policy. Officers may use the impact weapon against subjects who are actively resisting or to assist with restraining or applying escort holds, or during a physical confrontation with an aggressive individual where attempts to control the subject by lower levels of force or tactics are ineffective.
1. Application a. May be used as a lever to induce sufficient pressure to cause the subject to cease aggressive action. However, utilizing the instrument in a manner constituting a choke hold is prohibited except when deadly force is justified.
b. May be used to block strikes or attempted strikes initiated by the subject and directed at an officer or other person.
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c. The following are considered to be potentially fatal impact spots and these areas should NOT be targeted with an impact weapon unless deadly force is justified and consistent with law, department policy and training.
• Above the shoulders (any area of the head or neck) • Spinal area • Solar plexus (sternum)
d. The following are preferred target areas: • Upper or lower extremities • Large muscle groups 2. Aid after Application If the force applied results in injury, officers shall, when it has become safe to do so, seek immediate medical treatment.
D. 40mm Launcher (Less Lethal) The 40mm launcher deploying impact projectiles or impact oleoresin capsicum (OC) projectiles is designed as a less lethal alternative and is carried by supervisors. The use of the launcher may not always be appropriate and should not be considered if not readily available and a delay in action would be detrimental to the situation. Only those officers that have received department approved training are authorized to use the 40mm launcher and shall only use department issued 40mm impact or impact OC projectiles.
1. The 40mm launcher may be used to resolve potentially violent situations or when there is a reasonable belief that it is unsafe for officers to approach within a physical contact range and the subject has an immediate ability to utilize force likely to cause death or serious physical injury.
2. The 40mm launcher may be used to prevent a subject from causing serious physical injury or death to oneself or others, and will only be used when all of the following conditions exist:
a. There is reasonable belief that it is unsafe for officers to approach.
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b. Immediate action is necessary, or circumstances such as flammable sources or distance, preclude the use of an ECW. c. The subject has an immediate ability to utilize force that is likely to cause death or serious injury (e.g., a subject who is armed with a weapon other than a firearm). 3. In the event the impact projectiles are deployed, at the conclusion of the event, the launcher shall be secured as evidence until released by a division commander.
4. Restrictions or Limitations of Use a. The squad supervisor shall approve the use of the 40mm launcher. Following deployment, the supervisor shall subsequently notify the Field Operations Commander and the Chief of Police.
b. The preferred targeting range for the 40mm projectiles is 5-30 yards. Officers should remain aware that the ability to engage individuals from extended range is the primary advantage to the 40mm launcher. c. The 40mm launcher accommodates impact projectiles and impact OC projectiles. The impact OC projectiles contain OC powder that is delivered when the projectile makes contact with a target and should not be used:
1. On individuals that appear frail, young children, the elderly, women believed to be pregnant, or persons with known respiratory conditions. However, OC projectiles may be used under exceptional circumstances involving imminent danger of suffering serious bodily harm if it is the only objectively reasonable method to control the individual to avoid such harm.
2. In crowded areas, except in exigent situations, after taking into consideration all circumstances and possible exposure to others.
3. In hospitals.
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d. All perimeter units within the immediate area shall be advised either by radio or direct verbal contact that the 40mm launcher has been loaded for deployment.
e. The 40mm impact projectiles should be used from behind cover or at a safe distance from the target. A cover officer shall be in position to engage the subject with deadly force if it becomes necessary.
f. When circumstances permit, operators should aim for the subject’s shoulders, arms, abdomen, or thighs. Intentional impact to the head, neck, or chest shall be avoided unless deadly force is intended. When deploying 40mm projectiles against an individual, operators should aim for large muscle groups in the lower extremities. This includes the lower abdomen, thighs, and lower part of the arms. Intentional impact to the head, neck, chest, spine, and groin are classified as deadly force and should be avoided unless such force is justified. g. Immediately prior to deploying the 40mm projectiles, the operator shall give the announcement of “Aim Low, Aim Low, Aim Low”, when feasible. The announcement serves to warn other officers in the area of the deployment and reminds the operator of the preferred targeting area. 5. Aid after Application Individuals impacted by a 40mm projectile shall, as soon as practical, be examined by rescue personnel and taken to a medical facility for further evaluation. F. Electronic Controlled Weapon (ECW) Prior to utilizing the ECW, officers should consider the totality of the circumstances and the surrounding environment (e.g., persons standing in water, on a ledge, building, or bridge) which may place some individuals at risk of secondary injuries when incapacitated by the ECW. Officers may use ECWs in accordance with training and policy but should not over-rely on ECWs in situations where more effective alternatives are available.
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1. Probe Method
a. The probe method is achieved by firing the ECW’s electrical probe/dart directly into the subject’s skin with the intention of achieving temporary neuromuscular incapacitation.
b. The probe method gives an officer the opportunity to maintain distance from an aggressive/threatening subject to cause a subject to quickly stop resisting or fighting and allow the officer to better assess the situation. 2. Direct Contact Method a. The direct contact method results when the metal contacts are placed directly on the subject, resulting in significant localized pain in the area of contact.
b. The direct contact method should only be used to supplement the probe method to complete the incapacitation circuit. It should not be used as a pain compliance technique. 3. Restrictions or Limitations of Use ECWs should NOT be used: a. On subjects exhibiting passive resistance who are unarmed and pose no immediate risk of danger to others.
b. By more than one officer at a time against a subject.
c. On females who are reasonably believed or known to be pregnant, the pre-adolescent, elderly, or physically frail, unless other means of control have been exhausted or there is an increased risk of danger to citizens, to the subject themselves, or to the officer.
d. On vulnerable areas, such as the face, spine, genitals, buttocks, or in a woman’s breast, which is likely to cause serious injury.
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e. In circumstances where subjects have been exposed to combustible vapors or flammable liquids. (NOTE: Department issued OC is ECW safe)
f. On fleeing subjects, when the justification for use is solely due to their flight. Officers must consider the severity of the offense, the subject’s threat level to others, and the risk of serious injury to the subject before deciding to use an ECW on a fleeing subject. g. On handcuffed subjects.
h. Against subjects in physical control of a vehicle in motion, unless exigent circumstances exist, and/or other means have been exhausted (e.g. automobiles, trucks, motorcycles, ATV’s, bicycles, or scooters).
4. Application a. Officers may use an ECW when there is a reasonable expectation that it will be unsafe to approach within the contact range of the person.
b. Officers may use an ECW for one standard cycle (5 seconds) and then evaluate the situation to determine if a subsequent cycle is necessary. Officers should consider that exposure to the ECW for longer than 15 seconds (whether due to multiple applications or continuous cycling) may increase the risk of death or serious injury and should be avoided. Any subsequent applications should be independently justifiable, and the risks should be weighed against other force options.
c. ECWs do not always work as intended or sometimes fail, so officers must be prepared to consider and exercise other force options when the ECW is not having its intended effect or continued use will endanger the subject. Subsequent force options must be proportionate to the threat. ECW use may have limited effectiveness on emotionally disturbed persons or those affected
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by alcohol or drugs, and when used repeatedly, may even exacerbate the situation.
d. Positional asphyxia may exacerbate the condition of any individual who has received an ECW application. Following application, officers should use a restraint technique that does not impair a subject’s breathing.
5. Aid after Application a. Individuals who have been exposed to an ECW shall, as soon as practical, be examined by rescue personnel.
b. Rescue will be called, and the subject will be transported to an appropriate medical facility under the following conditions:
• If use resulted in a prolonged application (more than 15 seconds). • If use resulted in embedded probes in the subject’s face, spine, genitals, buttocks, or in a woman’s breast. • If it was used on females who are reasonably believed or known to be pregnant, the pre-adolescent, elderly, or physically frail. • If the subject does not fully recover from the effects of an ECW within 10 minutes or if unusual physical distress is observed within the 10-minute recovery period. • If the subject appears under the influence of narcotics. • If the subject requests medical treatment. • If any officer or supervisor determines the subject should receive medical treatment.
c. Only officers who have successfully completed ECW certification may remove probes embedded in a subject’s clothing or skin and shall wear protective gloves during the removal. Officers shall not remove probes if the subject objects or the probes are embedded in the subject’s face, spine, genitals, buttocks, or in a woman’s breast. In these instances, the subject shall be transported to a medical facility for probe removal.
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d. Probes that have been removed from an individual should be considered a biohazard and placed in a sharps container and biohazard bag for storage and submitted as evidence along with the weapon in the event of a significant injury or death resulting from deployment.
IV. INSPECTIONS AND SAFE HANDLING <4.3.1c,d,e,f> A. Armorer Inspections Weapons will be routinely inspected by a certified department armorer prior to being issued or authorized for use. These inspections will be conducted during firearms training or line inspections. Any weapon found to be unsafe shall not be authorized for service and shall be repaired or removed by the armorer.
B. Firearms Inspection The armorer shall inspect and account for departmental handguns on an annual basis and shall include cleaning if necessary. This includes all department issued primary firearms, approved off-duty firearms and approved secondary firearms.
C. Shotguns, Rifles, ECWs Inspection The armorer shall inspect and account for departmental shotguns, rifles and ECWs on a semi-annual basis. This includes all department issued weapons and personal authorized and approved rifles.
D. Documented Inspections The inspections shall be documented in a memorandum to the Chief of Police indicating any deficiencies noted and corrected or weapons removed from service. The armorer shall maintain a record of all issued or approved weapons, listing the type, model and serial number, as well as the identity of the owner or assignee. As applicable, firearm records will also list the date of approval and the scores used to qualify the user on the demonstration of proficiency.
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E. Security, Storage, and Safe Handling 1. Officers shall be trained in accordance with the Department’s guidelines and shall obey all safety rules when handling firearms or any other weapon. Other than the officer, no other person shall be permitted access to any Department-owned firearm. Officers will not surrender their weapons to any person that is not a law enforcement officer.
2. Officers will secure and store firearms, both on and off-duty, in such a way as to ensure that no unauthorized person will have access or be able to gain control over the firearm. All Department firearms kept at home must be secured in a safe place inaccessible to family members.
3. Firearms must be secured and not left in the open rendering them accessible to civilians, suspects, victims, or witnesses.
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I. POLICY The department has established guidelines to govern audio/video recordings and reproductions generated for official purposes. All audio/video recordings generated on department-owned equipment are for official law enforcement purposes and are the property of the Herndon Police Department. Recordings shall not be accessed, duplicated, disseminated or deleted, except as expressly permitted in this policy. <41.3.8a>
II. PURPOSE <41.3.8a,c> Audio/video recording systems are authorized by the department to support accurate and unbiased recordings of incidents in law enforcement related interactions. These systems will enhance, not replace, the perspectives of officers during the course of their law enforcement related duties. Use of these systems does not diminish the need to provide thorough written documentation of an incident as audio or video images cannot always capture the full story. The primary purpose for audio/video recording systems will be:
• To capture criminal events and provide evidence of such events in court. • To accurately document crime scenes, evidence, and the actions of police and others pursuant to criminal investigations. • To aid in the documentation of victim, witness, and suspect statements. • To act as a deterrent for the purposes of officer safety, when a person knows that their actions are being recorded. • To accurately document police encounters and reduce unwarranted complaints against officers. • To strengthen accountability. • To provide a training and performance mechanism to ensure professionalism. III. TERMINOLOGY
o Audio/Video Recording System – any system, equipment or device (mobile or fixed) consisting of hardware and software components that enables the capture of audio or video recordings and may include surveillance cameras, in- car or body-worn cameras, mobile phones or other electronic or digital devices.
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o Back End Client (BEC) – the application used by officers and authorized department staff to review, classify and reclassify recordings.
o Department Issued Audio/Video Device – any electronic or digital device purchased by the Town of Herndon and issued to a member of the Herndon Police Department that is capable of recording audio or video files.
o Front End Application (FEA) – computer program installed on MCTs that is used in the vehicle by the officer to control the camera and microphone and play back recordings.
o Personal Audio/Video Device – any electronic or digital device independently purchased for personal and non-duty related purposes, and includes the capability of recording audio or video files.
o Secure Digital (SD) Card – a card formatted to temporarily store digital video/audio data until uploaded to the server.
o Video System Administrator (VSA) – the position responsible for managing audio/video recording systems.
o Video Processing Unit (VPU) – the digital video/audio recording unit that contains the SD card. IV. OVERVIEW
A. Recordings will be stored, reviewed, duplicated, disseminated or deleted according to its purpose and classification. Duplicating or disseminating audio or video recordings generated by the department for use outside the department is prohibited unless authorized by a division commander. Distribution of audio or video generated by the department in any format or for any purpose must follow established department policy.
B. Department members are restricted from using personal audio or video recording devices to record events or activities while on-duty or while engaged in official duties. However, if a situation arises of an exigent nature that causes a member to utilize a personal audio or video recording device to capture an event for law
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enforcement purposes, the member shall notify their supervisor of the event captured on the personal device and indicate such in an incident report. The department will facilitate the transfer of the stored data from the personal device to department-owned equipment.
C. All audio and video recordings made on-duty or while engaged in official duties for law enforcement purposes are subject to FOIA, the Library of Virginia Retention Schedule, discovery motions, and disclosure to defendants or defense attorneys if exculpatory.
D. Acquisitions of audio/video related equipment and supplies for department use must be coordinated through the VSA and approved by a division commander.
E. Storage and deletion of recordings shall be in accordance with policy and the Library of Virginia, Records Retention Schedule. <41.3.8d>
V. DEPARTMENT RECORDING SYSTEMS A. Building Surveillance Camera System The department maintains a building surveillance camera system with fixed camera locations inside and outside of the building. The building camera system captures video of activity occurring at the facility and is monitored by Communications personnel. The Public Safety Operations Manager shall be responsible for maintaining and providing access to these video files for authorized personnel. The system maintains continuous recordings until systematically overwritten with newer recordings. B. Interview Room Camera System The department has designated interview rooms that are equipped with video cameras to record and document interviews and investigations held in these rooms. 1. Video cameras in each interview room are manually activated and deactivated by the officer or detective using the room. If it is found that the recording equipment does not activate or malfunctions during use, it should be documented and a request for repair forwarded to the VSA.
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2. The recording of a victim, witness, suspect, or arrestee shall be maintained as evidence in accordance with evidentiary procedures. The Criminal Investigations supervisor shall be responsible for maintaining and classifying interview room recordings, providing review and access to authorized personnel, and authorizing copies for the case file or court purposes.
3. Recordings shall be classified or reclassified appropriately in accordance with the investigation and maintained in conjunction with the case file.
C. Other Department-Issued Recording Devices
The department issues electronic and/or digital devices as appropriate to facilitate duty-related responsibilities. These devices have audio/video recording capabilities but are not primarily purposed to effectively be used to capture actions or incidents in law enforcement related interactions, which may be negated due to exigent circumstances.
D. In-Car Camera System
The department has an in-car camera system installed in each Patrol vehicle to provide a recording mechanism to document specific incidents in the field from a vehicle perspective. The in-car camera system includes a front facing camera to capture events outside the vehicle and a rear facing camera that records the detainee transport area inside the vehicle. A microphone is installed inside the vehicle, and a wireless microphone is worn by the officer. A VPU is installed in the vehicle and contains a SD card where data is stored prior to a wireless upload to the server. The BEC is the application used by officers and authorized staff to review videos and classify data. E. Body Worn Camera System The body worn camera system enhances police services for Patrol personnel with a recording mechanism to document specific incidents in the field from an individual perspective. The body worn camera is a self-contained portable unit that houses a microphone and a camera lens. The unit records both audio and video when activated until deactivated and can also capture single snapshots.
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There is no option to record only audio or video, but audio can be intentionally muted for discretionary purposes while the camera is activated. Officers will manage their body worn camera videos through the BEC in the same manner they would manage in-car videos. Officers shall wear the body worn camera in the front center of their uniform or outer vest to ensure a maximum field of visibility for the camera lens and to minimize obstructions. VI. IN-CAR CAMERA PROCEDURES A. The in-car camera can continuously record data, and when the system is activated, a 30-second pre-recorded video segment will become part of the video file. The system is activated either manually (from the camera system or the microphone) or automatically triggered from the activation of emergency equipment, activation of vehicle collision sensors, or vehicle speeds in excess of the established threshold setting of 70 mph. The recording continues until the officer manually discontinues the recording. For clarity, AM/FM radios should be turned off as soon as the in-car camera is activated as audio records virtually all sounds, including conversation, within range.
B. Log-In and Pre-Check – Beginning of Tour <41.3.8e>
1. At the beginning of each shift, the in-car camera equipment shall be inspected by the officer assigned to the vehicle to ensure the equipment is in proper operating condition.
2. Officers shall verify that the windshield and camera lens are free of debris, dashboards remain free of any paper or objects, and that the camera is facing the intended direction.
3. Officers shall confirm that adequate storage is available on the SD card. This information is available on the MCT in-car FEA.
4. Any non-working, damaged equipment or irregularities in the system shall be immediately reported to the shift supervisor who will in turn report equipment issues to the VSA. Officers must never attempt to perform any maintenance on the camera.
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5. Vehicles with defective in-car equipment shall not be operated without supervisory approval.
6. Officers will log-in to the system at the beginning of their tour of duty by turning on the microphone and identifying themselves by name and EIN. Officers will also state the date and time of their shift. The date and time will automatically be a part of each recording that will be available during playback.
7. Officers shall ensure that the wireless body worn microphone to the in-car system is synchronized and charged prior to attaching it to their uniform. The microphone shall not be left in the synchronization cradle any longer than it takes to sync the microphone. The microphone will be attached to the body in a place, such as the upper chest, shoulder area, or belt, which will maximize the voice recording capabilities while remaining tactically secure.
C. Activations/Deactivations <41.3.8b>
Officers should attempt to capture audio and video recordings of any police interaction in which they believe such use would be appropriate; however, the following are mandatory activations of the in-car camera: 1. Traffic Stops Officers shall utilize the in-car camera system on all traffic stops. The recording equipment shall remain on for the duration of the traffic stop, including the video and audio segments of the system. Recording may be stopped only after the traffic stop has ended and the violator and/or officer have left the scene.
2. Pursuits Officers shall utilize the in-car camera system to record the entirety of all vehicular pursuits. In-car recording equipment shall remain activated until the pursuit is terminated or upon completion of the arrest.
3. Emergency Responses Officers shall utilize the in-car camera system during all emergency responses or back-up assignments to any complaint.
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4. In-Custody Transports (Prisoners and EDP Transports) Officers shall utilize the in-car camera system during all in-custody transports by activating the rear facing camera. This recording may provide important evidence to protect the officer from any allegations made by the subject or it may be used to gain additional information that could be used to further an ongoing investigation. 5. Officers detecting a potential DUI should attempt to record and narrate the driving behavior prior to activating emergency equipment by manually initiating the in-car camera. When recording such investigations, officers should leave enough distance between the subject vehicle and their vehicle to ensure the entire scene is recorded. Officers shall make all reasonable efforts to conduct field sobriety tests in view of the in-car camera if it is safe for the officer and violator to do so. 6. Once the recording has started, it will continue until the incident is complete. An incident is considered complete when a reasonable and prudent person would consider the recording to have reached a logical conclusion based on the circumstances of the event. In-custody transport recordings will be considered complete when the subject has been escorted into the detention facility. 7. If asked, officers shall advise a citizen, suspect or arrested subject that an in- car recording system is in use, unless doing so would hamper an investigation. Officers may consider advising that an in-car recording system is in use during a citizen contact if they feel it may dissuade inappropriate behavior. 8. Officers shall use the in-car recording system for official use only and shall not attempt to alter any part of the system or the system data, erase anything that has been recorded, or stop/interfere with the recording of an incident. 9. If it is reasonably expected that audio/video should exist and it does not (such as equipment malfunction or use of discretion), the officer must document such reason(s) in an incident report. Officers must be able to articulate as well as document specific facts, circumstances and conclusions that support the in- car camera recordings, including any reasons for not activating, intentional deactivating/re-activating, or muting a recording during an incident. If the in- car camera is not activated in a situation that is required by department policy,
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the officer will immediately report the circumstances to their supervisor at the conclusion of the event. 10. Officers are prohibited from using the in-car camera to record any portion of an administrative review, unless pre-approved by a Division Commander. D. Uploading Recordings At the end of the shift, or when returning to the station during the shift, officers should park within range of the wireless access points and upload any recently recorded audio/video to the server. Officers will be required to sign off of the in- car camera system upon completion of their tour of duty and microphones should be placed in a recharging cradle. E. Removing the SD Card 1. SD cards shall only be removed by the VSA. 2. The SD card shall not be removed from the in-car camera system other than for the replacement of a faulty unit or in cases where the vehicle is impaired or damaged and cannot be returned to the station for wireless upload. 3. When a SD card is replaced, it shall be installed and tested. The VSA shall be responsible for the removal and/or replacement of the SD card and shall document the details of the action.
VII. BODY WORN CAMERA PROCEDURES A. Pre-Check - Beginning of Tour
1. At the beginning of each shift, officers shall inspect their assigned body worn camera to ensure the equipment is in proper operating condition.
a. Officers shall ensure the body worn camera is intact and that it is fully charged, or spare batteries are available to accommodate an entire shift. b. Any non-working or damaged body worn camera units shall be immediately reported to the shift supervisor who will in turn report equipment issues to the VSA. Officers must never attempt to perform any maintenance on the body worn camera. Officers with a non-operational body worn camera shall utilize a spare unit during their shift until their
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issued body worn camera is repaired and returned. Officers shall not use a body worn camera assigned to another officer.
2. Any officer, who has been issued a body worn camera and trained in its use, is required to wear and use the equipment each work day in accordance with policy. Officers working uniformed special duty and overtime assignments are required to wear their issued body worn camera. This does not include training assignments, court, or plain-clothes assignments outside of the officer’s normally scheduled duties.
B. Activations/Deactivations <41.3.8b> 1. The judicious exercise of discretion, dependent on training, policy, and law, is warranted in the operation and use of the body worn camera. Activations/deactivations must take into consideration such factors as mobility, accessibility, and privacy concerns. Officers must be able to articulate as well as document specific facts, circumstances and conclusions that support the body worn camera recordings, including any reasons for not activating, intentional deactivating/re-activating, or muting a recording during an incident. If the body worn camera is worn but not activated in a situation that is required by department policy to be captured, the officer will immediately report the circumstances to their supervisor at the conclusion of the event and indicate in their report the reason for inactivation. 2. The body worn camera can be activated manually, or automatically triggered from the activation of emergency equipment, activation of vehicle collision sensors, or vehicle speeds in excess of the established threshold setting of 70 mph. Body worn cameras are to be synchronized with the in-car camera by connecting the issued USB cable. The body worn recording will continue until the officer manually discontinues the recording. 3. Officers should attempt to capture recordings of any police interaction in which they believe such use would be appropriate; however, the following are mandatory activations of the body worn camera: a. Traffic Stops Officers shall utilize the body worn camera to record all traffic stops. The recording shall remain on for the duration of the traffic stop. The recording
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may be stopped only after the traffic stop has ended and the violator and/or officer have left the scene.
b. Calls for Service Officers, both primary and back-up, shall utilize the body worn camera to record the entirety of a call for service. Recording equipment shall be activated upon arrival to the call and shall remain activated until the encounter has concluded or upon completion of the call.
c. Law Enforcement Actions and Arrests Officers shall utilize the body worn camera during all law enforcement actions and arrests. “Law enforcement action” includes, but is not limited to: o taking someone into physical custody; o officer use of force; o taking a suspect’s statement in a criminal matter; or o acting as a back-up officer on calls.
d. Citizen Encounters/Interactions Officers shall activate the body worn camera to record citizen interactions where the encounter has the potential to cause concerns for officer safety or a potential citizen complaint.
e. Searches Body worn cameras shall be activated during searches (investigative stops, frisks, warrant/warrantless searches, building and vehicle searches), handling of evidence, and vehicle inventories.
4. Officers involved in prolonged incidents may terminate a body worn camera recording whenever they determine that continued recording is impractical. In making their decision, officers should consider the continued necessity to capture recordings and their individual assignment. If there is any doubt, officers are encouraged to consult with their supervisor prior to terminating their recording. Officers should verbally document their reason prior to terminating a body worn camera recording for any reason. If circumstances at the scene change, it is the responsibility of the officer to re-activate their body worn camera consistent with the guidelines of this policy.
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5. Privacy Considerations a. The body worn camera shall only be used for law enforcement purposes. If officers are lawfully present (i.e. arrest warrant, search warrant, criminal investigation, etc.) at a location where a person has a reasonable expectation of privacy, there is no requirement that the officer inform the person of the recording. Additionally, there is no requirement that the officer must discontinue use of the body worn camera upon an individual’s request. b. The body worn camera shall not be used in places where a reasonable expectation of privacy exists (such as a home, private office, locker room, etc.), unless the activation is required for the performance of official duties. c. There is no requirement that prohibits officers from recording persons in public and individuals in a public area have no expectation of privacy. 6. Prohibited Uses a. The body worn camera shall not be used to record non-law enforcement related or personal activities.
b. Under no circumstances, except those instances involving criminal investigations of department personnel, will a conversation between department employees be recorded, without all parties to the conversation being made aware that it is being recorded.
c. Supervisors shall not use the body worn camera for documenting counseling sessions, personnel evaluations or meeting with employees regarding personnel matters.
d. The body worn camera shall not be used to record interactions with other law enforcement officials, attorneys, doctors, peer support counselors, or others who may be discussing privileged or sensitive information.
e. Officers shall not intentionally record confidential information from such sources as NCIC, VCIN, or other criminal databases. This does not include radio transmissions that occur in the course of normal duties.
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7. Unless a law enforcement action is necessary or discretion dictates otherwise, officers should consider deactivating their body worn camera during interactions that by their very nature are sensitive. Depending on the specific situation, an alternative may include utilizing the “mute” feature on the body worn camera. In such instances, officers must document the specific reason for altering the use of the body worn camera. Discretionary interactions include, but are not limited to the following: a. Interviews with those wishing to provide confidential information; b. Complainants who do not wish to be identified; c. Victims and witnesses of crimes, who wish to protect their identity and confidentially report or discuss criminal activity; d. Interviews involving juvenile victims; e. Undercover officer activity or tactical discussions; f. Inside medical, mental health or rehabilitation facilities, to protect the privacy of patients along with their medical treatment and information. In such instances where the body worn camera is used in these facilities, care should be taken to limit who and what is being recorded. g. During in-custody transports while the in-car camera is activated and upon arrival at the detention center. h. While attending court. C. In the event an officer accidentally or inadvertently records an event of an inappropriate nature, they shall submit Form HP444, “Audio/Video Deletion Request Form” to the Chief of Police to review the recording for deletion. If the video is found to have no official purpose and is approved for deletion, an incident report shall be completed documenting when the video was recorded, and the reason requested for deletion. D. End of Shift 1. At the end of their shift, officers shall attach their body worn camera to a designated uploading station. All recordings from the body worn camera shall be uploaded to the system prior to the officer’s end of shift. Personnel shall not manipulate/touch unattended equipment that is not assigned to
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them, particularly when the body worn camera systems are charging or downloading. Body worn camera equipment will be operated according to manufacturer’s recommendations, department policy and training. Personnel are prohibited from altering body worn camera hardware or its related software and such action may be cause for discipline. Once all recordings have been uploaded, officers shall ensure their body worn camera is placed in a charger to ensure it has a full charge for the next shift.
2. When a body worn camera is not in use, it must be stored/docked at police headquarters. A department-owned body worn camera shall not be operated while in an off-duty status. All duty-related recordings of any police department activity shall be considered official department records.
VIII. PROCESSING IN-CAR AND BODY WORN AUDIO/VIDEO RECORDINGS A. Classifications of Recordings The following classifications have been established for recordings: 1. Non-Serious Offenses (Resolved/Unresolved): “Misdemeanors” Arson Extortion Prostitution Blackmail Forgery Runaway Bribery Fraud Simple assault Counterfeiting Gambling Thefts Curfew Identity theft Trespassing Destruction of property Intimidation Vagrancy Disorderly conduct Larceny Vandalism Drug/narcotic offenses Loitering Weapons violations DUI/DUID Peeping tom Embezzlement Pornography
2. Less Serious Offenses (Resolved/Unresolved): “Felonies” Arson Extortion Prostitution Assault Gambling Robbery Burglary Identity Theft Suicide Deaths Intimidation Vandalism Destruction of Property Larceny Weapons violations Drug/Narcotic offenses Pornography
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3. Serious Offenses (Resolved/Unresolved): Abduction Kidnapping Robbery Aggravated assault Manslaughter Sex crimes Crimes against children Murder Incest Rape
4. Traffic Tickets
5. Recording, Surveillance, or Monitoring Systems (Not Used as Evidence): any surveillance of an area including the actions of law enforcement officers, suspects, and bystanders, also includes in-car monitoring of officers.
6. Traffic Accident/Crash (Citizen): investigation into and reporting of motor vehicle accidents/crashes that involve non-law enforcement vehicles.
7. Traffic Accident/Crash (Law Enforcement): investigation into and reporting of motor vehicle accidents/crashes that involve law enforcement vehicles.
8. Pursuit: investigation into and reporting of incidents involving vehicle pursuits. The “pursuit” classification shall be the initial classification until the supervisor completes the pursuit review and reclassifies the pursuit as “Internal Affairs” for retention purposes. The initial pursuit classification will not necessarily result in an administrative review, but it will be retained under the secondary “Internal Affairs” classification. The Internal Affairs Commander can facilitate making a copy of the video available for the involved officer(s) to review, should it become necessary for court or other purposes.
9. In-Custody Transports: if transport is associated with an arrest, the classification must first take the principal charge, otherwise it can be classified as in-custody transport.
10. Other: recordings not required to support known investigations or litigations.
B. Classifying In-Car Camera Recordings 1. Following the conclusion of each recording, the officer shall classify the recording by selecting the appropriate description from the available drop- down menu. Applying appropriate classifications determines retention and
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deletion schedules. The officer shall also enter the case number in the case file number field.
2. The in-car system has extensive classification capabilities that may be expanded to include additional categories for practical or administrative purposes. Classifications can be changed due to case status or other necessary reasons.
C. Classifying Body Worn Camera Recordings The body worn camera gives the officer only three selection options to classify recordings while in the field; however, the full range of established classifications can be accessed through the BEC for reclassification. Using the selector switch on the side of the body worn camera, officers may choose the following quick classifications at the completion of the recording:
1. C-1: Traffic Ticket 2. C-2: Non-Serious 3. C-3: Other Officers should try to “quick” classify recordings following the conclusion of each event; however, classifying or reclassifying body worn camera recordings shall be finalized no later than the beginning of the officer’s next tour of duty following the captured recording.
IX. ACCESS, DUPLICATION, AND DISSEMINATION
A. Internal Requests Requests for copies of recordings will be processed by a records technician. A copy is defined as a reproduction of the recording’s primary event which begins when police contact is first initiated and ends with the conclusion of the event. Each copy will be labeled with information that includes the requesting officer’s name, date of recording, and serial number of the digital record.
1. Officers that require a recording on DVD for court shall send an email to a records technician. The request shall include the following information:
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a. Date and time of recording; b. Vehicle number or body worn camera assignment; c. Case number. d. Reason for request. 2. Supervisors requesting a recording be classified for an administrative review shall email the request to the Internal Affairs Commander. The Internal Affairs Commander will reclassify and restrict the recording for specific access through the BEC. The recording will be maintained in a restricted classification for the Internal Affairs file. The request shall include the following information: a. Date and time of the recording; b. Vehicle number or body worn camera assignment; c. Internal Affairs case number. B. External Requests 1. Criminal Case Requests
a. Attorney requests (state and local violations) must be pursuant to a discovery order or a properly issued subpoena duces tecum signed by a judge. In instances where a subpoena is served for a video recording, the prosecuting attorney will be notified. The prosecuting attorney will determine if a motion to quash is to be filed, or if the video recording is to be released as outlined in the subpoena.
b. Copies of recordings will be provided to the Commonwealth Attorney (Fairfax County) and the Town Prosecutor upon request.
c. The Town Prosecutor will have independent access to the BEC to review recordings in preparation for prosecuting DUIs, traffic and criminal cases.
2. Civil Case Requests Attorney requests for copies of videos related to pending civil cases must be pursuant to a properly issued subpoena duces tecum. In instances where
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a subpoena duces tecum is served for records or video recordings, the Town Attorney will be consulted to determine if a motion to quash is to be filed, or if the video recording is to be released as outlined in the subpoena.
3. Freedom of Information Act Requests FOIA requests will be released/exempted pursuant to the Virginia Freedom of Information Act, Virginia Code 2.2-3700, which grants citizens and representatives of the media access to public records of the department.
4. Other Requests Requests for recordings from outside law enforcement agencies must be approved by a division commander.
C. Access and Review of Recordings 1. Officers and civilian employees will generally be permitted to review a recorded incident in which they were involved, prior to making a statement about the incident or writing a report. However, at the discretion of the Chief of Police, certain recordings may be restricted from normal access and review depending on the nature of the event. 2. Officers are strongly encouraged to review their body worn camera recordings prior to writing the report for factual validation. Body worn camera recordings are increasingly reviewed and expected in court proceedings where the accuracy of the report will be corroborated by the video. 3. Officers will retain access to their recordings but will not have access to independently view recordings created by another officer. Officers may, however, view another officer’s recording with their consent. Such viewing shall only be for legitimate law enforcement purposes. 4. Supervisors may review recordings for evaluating an officer’s performance or conducting random inspections. 5. Those conducting and/or overseeing investigations shall have access for administrative reviews and internal audit responsibilities. A recording designated for an internal administrative review shall be classified for restricted access.
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6. Criminal Investigations Section detectives shall have access for criminal investigations. 7. Recordings may be used for training purposes with the approval of the Chief of Police.
8. Unless authorized by the Chief of Police, citizens will NOT be allowed to review recordings at the scene or gain access unless requested and approved through FOIA or the legal process. All external requests for access to recordings must adhere to FOIA or the legal process, unless otherwise authorized in this policy. 9. Accessing, copying, sharing, distributing, or uploading of recordings to personal computers or another media storage is strictly prohibited.
X. RESPONSIBILITIES (IN-CAR/BODY WORN CAMERA SYSTEMS) A. Officer Responsibilities 1. Officers will only use camera systems that have been issued and/or approved by the department. 2. Ensure faulty or damaged equipment is reported; a spare may be used as a backup in such an event. 3. Ensure recordings are classified per established procedures and submission timeframes. 4. Officers should not omit relevant facts from report narratives by referring to captured recordings. Substituting portions of the report by using phrases such as “refer to recording” are not permitted. Officers are also required to continue to take complete field notes and should not become overly dependent on the availability of camera recordings in documenting the facts required for incident reports. B. Supervisor Responsibilities 1. Ensure that all personnel under their command adhere to established procedures and that reporting requirements have been met prior to approving an incident report. 2. Supervisors shall have access to review recordings from their desktop.
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3. Investigate and document any damage to any part of the mobile or body worn camera equipment and ensure the repair process has been initiated. 4. Squad supervisors shall be responsible for conducting random checks of recordings (a minimum of three videos per officer, per month) and documenting monthly inspections on the HP205 form. They shall additionally inspect mobile or body worn camera equipment to ensure proper operation and periodically review recorded events to evaluate tactics, officer conduct, vehicle or body camera positioning, and gather information for performance reviews. <41.3.8g> C. Lieutenant’s Responsibilities 1. Ensure that supervisors under their command adhere to established procedures, report repairs, and conduct random reviews and inspections on a monthly basis. 2. Conduct random checks of sergeants’ and corporals’ recordings (a minimum of three videos per supervisor, per month) and indicate any areas of concern to the division commander. 3. Conduct random checks of recordings as specified in the monthly inspections for validation of proper procedure and use. D. Commander Responsibilities The Support Services Division Commander shall review random recordings and documented inspections on a quarterly basis for proper usage and submit a memorandum of findings to the Chief of Police. <41.3.8e,g> E. VSA Responsibilities <41.3.8e> 1. Ensure faulty or damaged equipment is repaired/replaced. 2. Perform system management, update, and ensure security measures are intact, as appropriate. 3. Ensure SD cards are replaced as appropriate and that timely, continuous uploading of recordings is performed. 4. Coordinate all acquisitions of audio/video related equipment and supplies.
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F. Training <41.3.8f> The Personnel and Training Supervisor shall ensure that in-car camera and body worn camera users and supervisors receive mandated initial training prior to operation, and refresher training as appropriate, to include:
1. All practices and protocols covered by department policy and procedure.
2. An overview of state and federal law governing consent, evidence, privacy, and public disclosure.
3. Manufacturer’s procedures for operating the equipment safely and effectively.
4. Procedures for downloading and categorizing recorded data.
5. Procedures for accessing and reviewing recorded data.
6. Procedures for preparing and presenting digital evidence for court.
7. Procedures for documenting and reporting malfunctioning of the device or system.
G. Administrative Reviews <41.3.8c>
1. If a complaint of officer misconduct is reported where an audio/video recording exists, the on-duty supervisor shall review the recording from the date and time in question. Based on the findings, the supervisor shall then proceed as they would in any allegation of misconduct to review complaints that fall within the scope of their authority or advance the complaint to an administrative review.
2. At no time shall a complainant be allowed to view any portion of the audio/video recording without the prior approval of the Chief of Police. If warranted, the recording contents may be discussed with the complainant/citizen.
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3. When audio/video recordings are generated and used in an administrative review, it shall be documented as part of the investigative file.
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I. POLICY
The department recognizes the importance of community engagement to promote active citizen and police partnerships, to foster interactive communication, and to support crime prevention efforts that increase awareness and reduce and deter crime. This policy establishes the purpose, goals, and benefits of effective community engagement.
II. PURPOSE AND GOALS A. The Herndon Police Department is committed to engaging the community through:
1. Activities and programs that support crime prevention and community involvement by working with citizens, businesses, and others towards the common goal of interactive partnerships.
2. Maintaining or improving practices that impact police/community relations.
3. Emphasizing to department members the merits of participating in crime prevention efforts and sharing the responsibility to achieve established objectives.
4. Educating the public, citizens, and businesses through planned programs designed to reduce risk and provide practical safety advice.
5. Publicizing department objectives, community concerns, and solutions to keep citizens informed.
6. Performing security surveys for homeowners and business establishments to promote crime prevention.
7. Establishing alliances with formal community groups to maintain the flow of information between citizens and the department.
8. Analyzing and reporting criminal activity to focus active enforcement efforts.
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9. Coordinating community events and programs and encouraging department members’ participation.
III. PARTNERSHIPS A. Effective community engagement requires operational efforts to engage the cooperation of citizens, ascertain concerns, assess crime risks, and develop prevention programs that build and strengthen partnerships that align with community policing principles. The department seeks to build and strengthen community interaction through its Community Action Teams.
B. Patrol officers are assigned to a community policing district (Dranesville, Dulles, Metro, and Worldgate) as part of a Community Action Team to conduct proactive patrol and become familiar with their district’s citizens, identify issues or concerns, and assess crime risks. Community Action Teams are facilitated by a sergeant who serves as the team leader and monitors efforts or develops strategies to address reported issues in the district. Some concerns or issues may be readily remedied by working with other town departments that could better address the concern. Community Action Teams will monitor incidents in their districts and coordinate prevention programs as appropriate.
C. Officers who become aware of concerns or issues voiced by the community shall work towards resolution, if possible, and document the concern or issue in an incident report and classify it as a “District Concern”. This information along with actions taken will be relayed to the Community Action Team member in the affected policing district for follow-up. The status of the incident shall be listed as “active” when concerns or issues are not immediately resolved.
1. District Concerns are classified as follows: a. District Concern (Officer) – used to document the self-initiated activities of an officer who encounters non-criminal activity or quality of life concerns, such as zoning violations, residential overcrowding, unregistered business operations, or other events that are community concerns but not specifically governed under Virginia or town criminal codes.
b. District Concern (Citizen) – used when an incident is reported by a citizen that is non-criminal but could be related to a quality of life concern.
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D. Responsibilities
1. Community Action Team Members a. Team members are empowered to identify, address, and resolve issues in the most efficient manner and must strive to become familiar with residents and business owners in their district.
b. Team members must seek to become involved with businesses and homeowners’ associations, neighborhood watch groups, and other community groups in their district to foster interactive and ongoing communication with these organizations, which may include attending neighborhood meetings, speaking publicly at business association gatherings, contributing to newsletters, posting community messages, and facilitating community events.
c. Team members must ensure that accurate emergency notification forms for businesses and homeowners’ associations are updated and filed with the Records Section.
d. Team members must act as community liaisons and refer public inquiries to appropriate officials. All officers must maintain an awareness of the various services provided by other town departments to ensure that they are prepared to accurately direct inquiries.
e. Team members must document any district concern that comes to their attention in an incident report. When an officer writes a district concern report, they shall make a copy of the report and forward it to the team leader of the district in which the concern was reported. Any follow-up activity will be documented in a supplemental report to include details of the action taken to resolve the concern.
2. Team Leaders a. Team leaders receive monthly summaries of district concerns from the Records Section. These summaries allow team leaders to monitor concerns for proper disposition and coordinate needed efforts or strategies through their chain of command.
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b. Team leaders are encouraged to seek in-service training to enhance their understanding of community policing practices and should recommend training for assigned team members to enhance their skills. c. Team leaders must ensure adequate community policing coverage in their district when vacancies occur, due to transfers or other personnel changes.
d. Team leaders must meet with or ensure that a team member meets with the town’s senior community inspector at least once every quarter in the calendar year. The Records Section prepares a quarterly report that includes district concerns which will assist the team leader/member when meeting with the senior community inspector. Following the meeting, an email shall be forwarded to the Field Operations Division commander advising that a meeting took place and noting the issues that were identified. e. Team leaders must ensure that team members attend community meetings, are available for Neighborhood Watch activities, address district concerns, and coordinate efforts with other town departments when needed.
f. Team leaders must keep their lieutenants apprised of district issues, potential concerns, or any information that would assist the department in its community policing efforts.
3. Lieutenants
a. Field Operations lieutenants must meet with team leaders under their command to be apprised of ongoing efforts to address district concerns and their team’s efforts to attend community events, homeowners’ association meetings, or other community gatherings. b. Field Operations lieutenants must keep the Field Operations Division commander informed of all district concerns that are being addressed and discuss ongoing strategies. The Field Operations commander will keep the Chief of Police informed of ongoing programs and efforts as they occur.
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IV. INTERACTIVE COMMUNICATION
The department will foster interactive communication through public information, social media, and other public outreach efforts to alert the public to important information and events or solicit their help when appropriate. Social media continues to be the most efficient method to interact with the public and groups in real-time and maintain communication with committed stakeholders.
V. CRIME PREVENTION EFFORTS
Effective crime prevention efforts are built upon an understanding of crimes and concerns occurring in the jurisdiction and the development and continuation of programs and engagement to address them. Crime prevention efforts will be focused on a review of crime statistics to assess crime risks, recommendations from Community Action Teams to recognize concerns/issues, and programs and outreach events to strengthen community partnerships.
A. Statistics Reliable and meaningful statistics are critical to the department’s mission and to identify the types and severity of crimes occurring, both current and historical. Records Section personnel will prepare a monthly statistical report of crime activity, disseminated to department personnel, that details current overall crime statistics, comparisons to previous timeframes, incidents according to community policing districts, and other pertinent statistical data that would provide an in-depth perspective of incidents, calls for service and police activity, and district concerns documented in the jurisdiction. Also, the Records Section will prepare a quarterly statistical summary that includes district concerns for each Community Action Team leader, the Field Operations Division commander, and the Chief of Police.
B. Community Action Team Recommendations The Field Operations commander will review criminal activity and district concerns and work with Community Action Team leaders to develop and implement appropriate prevention programs based on their input.
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C. Programs and Outreach The department is committed to the development, implementation, and continuation of crime prevention programs that offer practical awareness and education, build rapport with the community, and aid in the elimination or reduction of risks and criminal incidents. Department members will be selected or assigned to coordinate programs or events identified to support or promote the department’s mission, such as:
1. Activities and programs to include National Night Out, Citizens and Youth Police Academies, and other events and activities that educate and promote interactive partnerships.
2. Educational prevention presentations on specific topics for citizens, businesses, and community groups.
3. Security assessments for homeowners, business establishments, and burglary victims, on request.
4. Liaisons with community groups involved in Neighborhood, Apartment, Business and Fleet Watches to promote information sharing and address specific concerns through prevention programs.
VI. ADDITIONAL SERVICES A. Ride-Along The department offers a ride-along program that allows citizens or Herndon Police Citizens Support Team members, if approved, an opportunity to accompany patrol officers during their tour of duty. Ride-along applicants must be at least 18 years old, must meet certain requirements as provided on the application, and must submit an application and consent form for approval (HP 950 – Application for Ride-Along Program, and HP 951 (Adult) or HP951J (Juvenile) - Ride-Along Program Waiver Form). Final approval or denial of the application will be solely at the discretion of the Field Operations Division commander.
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B. Vacation House Checks Residents may sign up for the “Vacation House Check” program where officers proactively monitor citizens’ homes while they are away on vacation. Residents must complete a form indicating their address and the dates they will be on vacation to participate in the free program. The Herndon Police Citizens Support Team also assists with this program.
C. Surveys Citizen surveys may be conducted under the direction of the Support Services commander every three years to solicit feedback on police service. If conducted, a summary will be provided to the Chief of Police. The survey will seek responses from Herndon citizens and business proprietors regarding: • Overall agency performance • Overall competence of agency employees • Perception of officers' attitudes and behavior • Concern over safety and security within the town • Recommendations and suggestions for improvements
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I. POLICY
Patrol operations are conducted by the Patrol and Traffic Sections, under the command of the Field Operations Division commander. The commander must ensure that all functions in Patrol provide effective services to the community.
II. PATROL SECTION
The Patrol Section provides routine, emergency, and proactive vehicle, foot, and bicycle patrol to deter, detect and prevent crime by responding to calls for service, self-initiating service, and promoting strategies to reduce crime. The section enforces criminal and traffic laws and works with other sections to support investigations and traffic safety initiatives.
A. Continuous Coverage The Patrol Section provides continuous patrol coverage by adequately staffing squad and shift assignments on Day, Evening, and Night Shifts. Shifts and rotation of assignments will be reviewed as necessary to balance staffing needs, update shift bidding requests, or implement other deployment changes.
B. Shift Assignment The Patrol lieutenant is responsible for ensuring that an orderly transition between each shift occurs and that Patrol squads operate with no less than minimum staffing on a 24-hour basis. Minimum staffing per squad shall be one supervisor and three officers of any rank.
1. The Department operates an 11-hour permanent shift assignment consisting of six squads working a shift schedule to provide continuous patrol coverage. Two squads are assigned to Day Shift (0600-1700), two squads are assigned to Evening Shift (1500-0200), and two squads are assigned to Night Shift (2000- 0700).
2. Officers assigned to the Patrol Section will work an assigned shift; however, it does not preclude the commander from temporarily assigning officers from one squad to another in order to respond to special situations or meet minimum staffing requirements.
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3. Officers are assigned to a community policing district to proactively patrol, ascertain citizens’ concerns, and facilitate resolutions to specific issues. Community policing assignments are reviewed periodically or as personnel changes necessitate.
4. Notwithstanding, nothing in this policy shall prevent the Chief of Police from utilizing other shift configurations in times of emergency, or as needed.
C. Shift Pattern The shift pattern assigned to a squad includes regular days off rotated equally among the six squads providing patrol coverage. The work pattern schedule is continuous and is maintained on the department’s scheduling program. Supervisors shall be responsible for ensuring that the schedule is maintained and current for personnel under their supervision.
D. Shift Transition Officers shall remain available for calls for service until relieved by an officer assigned to the next shift. Squad supervisors shall be responsible for reviewing patrol coverage during shift changes and informing the lieutenant if a need exists to ensure continuous coverage. No officer will go off-duty without approval from the squad supervisor.
E. Shift Rotation and Bidding 1. Each officer will typically remain in a shift assignment for 12 months until transferred or reassigned.
2. Probationary officers assigned to a Field Training Instructor will be required to rotate shifts to accommodate orientation or training requirements.
3. During the first three years after an officer completes the police academy and field training program, they may be assigned to different shifts at the discretion of the Field Operations Division commander to ensure familiarity with all functions and shifts of the department.
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5. Shift exchanges among officers will be allowed when pre-approved by each officer’s Squad supervisor and must occur within the same pay cycle. A shift exchange form (HP 152) must be completed prior to the shift to be worked.
6. The Chief of Police or the Field Operations commander reserves the right to transfer, move or place officers on shifts as necessary due to performance, career development, or as needs dictate.
7. Shift assignments are reviewed and rotated annually following the open bidding process. Requests for specific shifts will be considered, but placement of officers in shift assignments may be determined by seniority (years of service), performance, or based on the needs of the Department. Supervisors will be assigned to shifts at the discretion of the Field Operations commander. The open bidding process includes the following:
1. The Field Operations commander shall announce the open bidding process in a memorandum (issued annually in October).
2. Officers shall submit a memorandum to the Field Operations Division commander in response to the open bidding announcement and include a request for shift preference for the upcoming year.
3. Transfers will be effective from the beginning of the first January pay cycle until the following year.
F. Shift Briefing Shift briefing will be conducted at the beginning of each shift’s tour of duty. Shift briefing is mandatory and is paid duty time. Shift briefing will accomplish the following tasks:
1. Review daily patrol activity, bulletins, teletypes, events, incidents, hazards or unusual situations for awareness;
2. Provide detailed information of any special events, operations, assignments, major investigations or changes in procedures and policy;
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3. Provide timely training on emerging topics or refresher training on routine subject matters;
4. Provide information regarding relevant community-based or crime prevention initiatives;
5. Provide specific assignments of tasks, vehicles, service areas, etc. for the tour of duty; and
6. Conduct line inspections on personal grooming, uniform, weapons and equipment.
G. Coordination with Communications Squad supervisors will document important information pertaining to each daily roll call on Form HP380 - Daily Shift Assignments, which can be accessed from the Forms folder, and provide a copy of the completed form to the Communications Section to ensure information is shared on squad operations. The form shall be saved to the “Daily Shift Assignments” folder on the network drive. Communications shall, in turn, ensure that pertinent information and teletypes are up to date in preparation for shift briefings.
III. TRAFFIC SECTION
The Traffic Section provides motorcycle and vehicle patrol to primarily monitor traffic concerns, enforce traffic and parking violations, and respond to calls for service. The section coordinates all specialized traffic enforcement, traffic safety initiatives, and escorts, and additionally conducts motor carrier safety inspections and accident investigations for the department.
A. Shift Schedule The Traffic Section maintains a shift schedule as approved by the Field Operations Commander. The work schedule is maintained on the department’s scheduling program and the supervisor is responsible for ensuring that the schedule is current.
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B. Rotation Traffic Section positions are specialized assignments and may be permanent or temporary/rotational for a specified time, except for the parking enforcement position, which is a permanent, part-time civilian position. The section is supervised by a sergeant and supported by two motor officers and the part-time civilian parking enforcement official.
IV. PATROL DESIGNATORS
A. Employee Identification Numbers (EIN)/Unit Designators The Records Section issues employee identification numbers (EINs) and unit designators to personnel to correspond to RMS system requirements and the functional and geographic responsibilities of the units in the CAD system. The Records Section shall maintain and update the unit designators impacted by changes in rank, unit or position.
1. Unit Designators: a. No prefixes are required with the unit numbers. When initiating or answering a radio call, officers need only use their assigned unit number. b. Single digit numbers are assigned to the Chief and Division Commanders. c. Unit numbers 10-19 are assigned to Lieutenants. d. Units that begin with a “2” prefix (20, 200, etc.) are assigned to communications technicians, with the two-digit number assigned to the supervisor. e. Units that begin with a four (40, 401, etc.) are CIS units, with the two-digit number assigned to the supervisor. f. Units that begin with a five (50, 501, etc.) are patrol units, with the two- digit numbers assigned to supervisors at the rank of sergeant. g. Three-digit numbers that begin with a six are K-9 units. h. 900 series units are assigned to Support Team members.
V. PATROL PROCEDURES
A. Preliminary Investigations Patrol officers shall conduct preliminary investigations on all dispatched calls and self-initiated activity warranting enforcement action or investigation. The preliminary investigation begins immediately upon the arrival of officers at the Herndon Police Department
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scene of an incident or upon taking a report and continues until completed or the investigation responsibility is transferred to the Criminal Investigations Section (CIS). The primary objective of the preliminary investigation is to:
1. Determine that the incident or offense occurred, and the nature of the offense, and jurisdiction;
2. Observe and document the place, time, condition, events, and statements made regarding the incident or crime; <42.2.1a>
3. Identify/interview the victim(s), witness(es), and suspect(s); <42.2.1b,d>
4. Maintain and protect the crime scene and arrange for the collection of evidence; <42.2.1c>
B. Follow-Up Investigations Depending on the nature of the call or the complexity of the crime, a Patrol supervisor shall notify CIS to assume and complete specified investigations, (refer to Criminal Investigations GO). However, the patrol officer must conduct a follow- up investigation on any open case they initiate that is not turned over to CIS.
1. Squad supervisors shall ensure that each case assigned to a patrol officer is investigated and the status (active, inactive, closed-cleared exception, closed- cleared arrest, unfounded) is properly updated in RMS at the end of a 30-day period unless justifiable reasons require a case to remain open beyond this timeframe.
2. Officers must maintain contact with their crime victims, either by telephone or in-person. The officer must determine if any further information can be obtained from the victim. Notification of any change in the case status must be made to the victim at the time of the status change. All contacts shall be documented in supplemental reports to ensure changes in designation, status, and follow-up information is captured.
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C. Requesting Backup A single unit will be dispatched to handle routine calls for service; however, the nature of some calls may require backup officers. When backup is requested, the officer closest to the location of the call shall acknowledge and respond if able to do so. Squad supervisors may alter these guidelines and assign backup officers as situations dictate or at their discretion. The primary officer may cancel the backup request after a careful assessment of the scene and situation and ensuring that safety remains a priority for both officers and citizens. Backup may be requested for the following reasons:
1. To ensure the safety of the primary officer;
2. To adequately and effectively handle multiple tasks required at the scene of an incident; 3. To control an escalating situation;
4. To assist with the apprehension of suspects;
5. When the primary officer requests backup.
D. Requiring Backup The following types of calls require at least two officers to be dispatched to the scene:
1. Officer needs help;
2. Crimes “in progress or just occurred” where the location needs to be checked for suspects;
3. Assaults;
4. Weapons;
5. Domestic disputes and violence;
6. Mentally disturbed persons;
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7. Alarms and open windows or doors;
8. Any call that, in the judgment of the communications technician, responding unit, or supervisor, additional units may be needed to ensure safety or efficiency in handling the situation.
E. Incidents Requiring the Presence of a Supervisor Officers must immediately notify supervisory personnel of any situation or event that requires their response. A supervisor shall be notified and shall assume command in the following incidents:
1. Use of force incident;
2. Any complaint involving an officer;
3. Serious accident, injury, or incident involving department personnel;
4. Accident involving a department vehicle;
5. Major crimes such as murder, robbery, burglary, or a heinous crime or serious assault where death may occur;
6. Barricade/hostage situations;
7. Disasters, catastrophes, or severe weather producing emergency conditions;
8. Other incidents where a supervisor is requested.
F. Notifications in Emergency Situations <41.2.4> Notifications by the primary responding officer are critical in emergency situations. Clear notifications serve to communicate, coordinate, and facilitate cooperation among department personnel, responsible assets, and external resources. Upon arrival to an incident, an officer shall assess the scene and promptly determine if additional resources are necessary. Officers shall routinely request assistance from other emergency services providers as the need dictates, (such as Fire and Rescue, the Medical Examiner, Department of Public Works Herndon Police Department
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personnel, Utilities, etc.) In addition, the following notification procedures must be followed:
1. Supervisors will notify the Chief of Police and/or a division commander of events or incidents of significant importance that may result in heightened interest or potential liability, and if the incident needs additional external assistance.
2. Senior officials shall notify the appropriate supporting agency(ies) when an incident grows outside the scope of the department and assistance is requested.
3. Supervisors are authorized to post timely alerts and updates from the field to social media for general awareness of significant activities but should direct media representatives’ requests for information to the PIO.
G. Language Assistance Hearing impairment or limited English language proficiency may present language barriers that may prevent individuals from accessing and/or understanding instructions, rights, obligations, or services. Clear communication with victims, witnesses, suspects, and community members is critical. The department shall ensure the following principles are applied to maximize clear communication.
Ensuring maximum communication ability between law enforcement and all segments of the community is important to the department’s mission and the department will access all available resources and technologies to facilitate communication.
1. Department personnel will take reasonable steps to provide timely, meaningful access for individuals with language barriers to the services and benefits of the department. Department personnel will facilitate language assistance services whenever it is requested, or it is evident that the individual is unable to effectively understand the communication. Under exigent circumstances, department personnel may use family, friends or bystanders for interpreting, but only in informal, non-confrontational contexts, and with the approval of the individual. Using family, friends, or bystanders to interpret in other situations could result in a breach of confidentiality, a conflict of Herndon Police Department
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interest, or an inadequate interpretation. The officer must consider the nature of the event and the confidentiality of victims and witnesses when considering whether to ask citizens to assist with a translation.
2. The department provides cell phones to all sworn personnel which can be used to facilitate access to language interpretation services to members in the field.
3. Personnel who encounter hearing impaired individuals should work with the individual to determine what means of communication will be the most effective and appropriate to the given situation. Initially, this may be limited to written communication, however, depending on the individual needs and preferences of the subject, may include the use of gestures, visual aids, electronic means, or TTY (text telephone). In some cases, the use of an interpreter may be necessary. Family members, friends, or other informal translators may be used as an interpreter during the initial reporting stage to help gather important information or during exigent circumstances.
VI. COMMUNICATION EQUIPMENT
A. Mobile/Portable Radios 1. Officers in the field are provided with efficient means to communicate using mobile and/or portable radios. Officers shall utilize the radio system to convey clear, pertinent information to Communications, as certain situations dictate the use of voice radio rather than communicating through the MCT’s. All traffic stops shall be voiced on the radio. Officers shall not hesitate to use voice radio if, in their judgment, it is safer or more appropriate for communicating in a particular situation.
2. The Department utilizes "clear speech" procedures when communicating over the police radio system, which are concise, discernible phrases, in plain English, without using a numerical signal system. "Clear speech" will be used when communicating by radio with other agencies.
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concise and complete as possible and shall not be disrupted with unauthorized transmissions.
4. Patrol officers are responsible for maintaining effective contact with Communications during their tour of duty and will respond promptly when called by verbally acknowledging receipt of any message when understood.
5. Officers shall keep Communications advised and updated of their status and location, especially upon leaving/returning to their vehicle. Each officer is responsible for advising their status and location when leaving their vehicle.
6. Communications will sound an alert tone over the radio prior to an emergency call for service. When sounded, transmissions shall be limited to give priority to the emergency.
7. Communicating with other agencies shall be in accordance with rules/procedures established by SIRS or PMARS.
B. Mobile Computer Terminals (MCTs) The MCT supplements voice radio capabilities but is not intended to replace the need for voice radio transmissions with Communications or other units. The MCT should be utilized for communicating calls for service information, database inquiries, and status updates, which will allow radio channels to be readily available for priority communications. The following procedures apply:
1. The MCT should not be utilized while operating a moving vehicle and shall be placed in a locked position on the docking station. Personnel will not leave the MCT hardware and software unattended when it cannot be secured.
2. Authorized users will receive department-approved training and appropriate level VCIN/NCIC training.
3. Personnel shall not install unauthorized software programs or other files on the MCT or manipulate/alter current software.
4. Passwords are part of the system security and should not be shared.
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5. Personnel are reminded that they do not have a reasonable expectation of privacy when they use any computer or communication system that is provided by the department, to include MCTs. Inappropriate use is prohibited and will be subject to an investigation. All e-mails, messages, entries, queries, etc. are logged in a secure file and will be monitored to ensure that access and usage remains compliant.
6. The Support Services Division commander shall quarterly review message switch traffic for content and application and report findings to the Chief of Police.
C. Cellular Telephones and/or Other Handheld Devices Cellular telephones are issued to all patrol operations personnel. The use of handheld personal communication devices in a moving vehicle, whether issued or personally owned, shall be in accordance with local and state regulations, with officers demonstrating and being responsible for safe driving practices at all times. Herndon Police Department
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I. POLICY Police vehicles must be operated in a manner consistent with law and in consideration of public safety and the protection of human life. In addition to the provisions of this policy, the operation of department vehicles is governed by the motor vehicle laws of the Commonwealth of Virginia and the Town of Herndon. Although sworn personnel are permitted to operate emergency vehicles beyond the limits of normal driving procedures in emergency situations, police operations require a safe and effective response to all calls as unsafe police driving can result in serious injury or death to police officers or civilians, potentially subjecting the department to civil liability and/or the police officer to criminal prosecution.
II. TERMINOLOGY
o Normal Driving – The driving which relates to the maintenance of vehicle speed concurrent with the normal flow of traffic and obedience to motor vehicle laws and requirements of posted vehicular control signs.
o Pursuit Driving – The act of following another vehicle, with emergency lights and siren activated, in accordance with the provisions of Code of Virginia §46.2-920, in order to overtake and apprehend a violator who has disregarded the signal to stop and/or is making an active attempt to elude law enforcement. This definition is applicable regardless of the distance, speed, duration, or number of police vehicles involved in the pursuit, and whether or not an apprehension is made.
o Precision Immobilization Technique (PIT) – The intentional act of using a police vehicle to physically force a fleeing vehicle from a course of travel in order to stop it. PIT is a specific, technical maneuver which requires advanced practical training prior to its use.
o Response Driving - The driving of an expeditious nature which relates to the effort made in a police vehicle to proceed to the location of an emergency, in a manner consistent with the provisions of Code of Virginia §46.2-920, to include usage of emergency lighting equipment, siren, and having due regard for the safety of persons and property.
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- The operation of a law enforcement vehicle both in apprehension of persons suspected of committing a violation of law or in response to an emergency call. - An active attempt by one or more officers operating police vehicles equipped with emergency lights and siren to overtake and capture a suspect or violator of the law operating a motor vehicle, while that person is making no willful effort to disregard the signal to stop and applies to the time between the observation of an offense until the point and time that the police vehicle has moved into a position behind the suspect/violator vehicle. If the suspect/violator vehicle yields to the signal to stop, then the encounter ends as a response driving situation. If the suspect/violator fails to yield to the police vehicle and willfully disregards the signal to stop, then the encounter escalates to a pursuit.
o Rolling Roadblock – the technique of using three police vehicles to box in a pursued vehicle and slow its rate of speed to affect a safe, forced stop. A rolling roadblock is a specific, technical maneuver which requires advanced practical training prior to its use.
o Stationary Roadblock – A strategy to place one or more police vehicles in the traveled portion of the roadway in order to partially block the road and to indicate a denial of passage to the violator’s vehicle.
III. GENERAL OPERATION A. Personnel shall operate department vehicles with due regard for the safety of persons and property and in accordance with law and policy.
B. Vehicles shall be inspected according to the inspection policy; although department vehicles are subject to inspection and/or search at any time by a supervisor without notice or cause.
C. Personnel shall promptly report and document any damage, mechanical problems, unauthorized contents or other problems associated with a department vehicle to a supervisor. Personnel shall not operate any department vehicle which is found to be operationally unsafe.
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D. Department vehicles shall not be left unsecured with the engine in operation, except in exigent circumstances.
E. Personnel operating department vehicles shall not permit anyone, other than those required to be conveyed in the performance of duty or as otherwise authorized, to ride as a passenger in the vehicle.
F. Personnel shall use seat belts while operating a department vehicle in accordance with the Code of Virginia §46.2-1094. All passengers or prisoners being transported in department vehicles will use seat belts in accordance with State law. The use of seat belts may be optional when transporting persons in custody or traveling in circumstances which render the wearing of such safety belt system impractical.
G. The use of handheld personal communication devices in a moving vehicle, whether issued or personally owned, shall be in accordance with local and state law and shall exemplify safe driving practices.
IV. DEPARTMENT VEHICLES
A. Marked Vehicles Marked vehicles are utilized for patrol and other law enforcement purposes and are distinctively marked and outfitted with emergency equipment. Officers operating marked vehicles are responsible for:
1. Ensuring that any vehicle utilized is properly logged, according to current procedures, prior to taking it into service.
2. Inspecting the interior and exterior of any assigned vehicle before taking the vehicle into service and at the end of the shift. Any previously unreported damage, mechanical problems, unauthorized contents or other problems with the vehicle shall be promptly reported to a supervisor and documented.
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B. Unmarked Vehicles Outfitted with Emergency Equipment Unmarked vehicles are utilized for specified law enforcement purposes and includes traffic enforcement, detective vehicles, and command staff vehicles.
C. Other Vehicles The department utilizes a variety of other vehicles to fulfill specific operational needs, such as parking enforcement vehicles, utility and sedan vehicles that are not equipped with emergency equipment and require no special training to operate.
D. Motorcycles The department utilizes on-road police motorcycles as the primary vehicles for traffic section officers. The motorcycle requires specialized training and/or certification prior to operation. The motorcycle officer’s primary function will focus on traffic-related issues within the Town.
1. Officers operating the police motorcycle will be trained and utilized for, but not limited to, the following duties:
• Enforcement of motor vehicle and traffic laws • Point traffic control • Truck safety inspections • Truck weight enforcement • Parking enforcement • Escorts • Technical traffic survey studies • Traffic safety seminars
2. Use and Operation Motorcycles will be operated in accordance with the following guidelines:
a. Motorcycle Operators Shall: • Call for assistance from a marked patrol vehicle if the operator encounters a violator that attempts to flee; • Wear all mandatory safety equipment, to include a helmet with a fastened chinstrap and eye protection; and • Maintain the following required equipment:
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- Traffic Vest - Whistle - Traffic Box Key • Be responsible for the motorcycle’s condition and maintenance.
b. Motorcycle Operators Shall NOT: • Utilize motorcycles when weather or road conditions are unsafe for operation; • Permit passengers.
3. Training Officers must complete and successfully pass a state-certified driver training program for police motorcycles to qualify to operate a motorcycle. Motor officers shall also attend/participate in at least two training sessions each calendar year.
E. Bicycles The department utilizes bicycles to augment patrol operations and is an effective tool for enhanced visibility and patrol in areas not readily accessible to motor vehicles. The police bicycle requires specialized training and/or certification prior to operation. The duties and responsibilities of an officer conducting patrol on a police bicycle are the same as those expected of other patrol activities, but with a strong emphasis on crime prevention and community interaction.
1. Officers operating the police bicycle will be trained and utilized for, but not limited to, the following duties:
• Enforcement of laws and ordinances • Patrol in densely populated and highly congested residential and commercial areas • Assignments as directed by the squad supervisor, Field Operations Division commander, or designee.
2. Use and Operation Officers shall complete a pre-tour and post-tour inspection of their bicycle, noting any deficiencies to the supervisor or the bicycle coordinator. Officers shall only utilize bicycles authorized by the Department and shall
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not remove or alter the bicycle or equipment without the approval of the bicycle coordinator. Bicycle officers are expected to know how to change a flat tire and remount both the front and rear wheels. Mechanical breakdowns shall be handled by the designated repair shop and the bicycle coordinator or designee who shall coordinate the delivery, repair and pickup of the bicycle.
a. Bicycle operators Shall: 1. Obey all highway laws and requirements;
2. Wear all mandatory safety equipment while operating a police bicycle, to include a helmet with a fastened chinstrap and proper eye protection, and maintain the following required equipment:
• Traffic Vest • Flashlight • Extra tube • Tire changing tools 3. Be responsible for the condition and maintenance of the assigned bicycle.
4. Secure police bicycles that are left unattended in a public place at all times. In the event of an emergency, bicycles should be secured as soon as practical;
5. Report bicycles that become involved in motor vehicle collisions to the on-duty supervisor;
6. Use the headlamp and rear light if bicycle patrol is conducted at night;
7. Stay within higher visibility locations while on solo patrol. For officer safety, solo bicycle patrol should attempt to avoid areas with limited visibility, such as behind buildings and wooded areas.
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b. Bicycle operators Shall NOT: 1. Utilize the police bicycle when weather, environment or road conditions are unsafe for operation;
2. Use police bicycles to stop motor vehicles or make traffic stops other than those given the same conditions as foot patrol; 3. Patrol alone after dark; bicycle patrol must be conducted in pairs after dark.
3. Training Officers must complete and successfully pass an approved police bicycle training program prior to operation and bicycle patrol.
F. Fleet Vehicle Coordinator Responsibilities The department’s vehicle coordinator is responsible for: 1. Ensuring that department vehicles are properly inspected and scheduled for routine or special maintenance each year; 2. Providing justification for the request of new vehicles in the budget each year; 3. Procuring approved vehicles with associated equipment and transferring those vehicles scheduled for elimination.
V. EMERGENCY EQUIPMENT
A. Officers shall utilize their emergency equipment as required to respond to emergencies, in compliance with Code of Virginia §46.2-920, if such use is required by the nature of the assignment, or when confronted with a situation where there is a need for the use of such equipment. Department vehicles equipped with emergency equipment shall not be operated without fully functioning emergency equipment. Emergency equipment consists of the following: 1. Emergency Lights – Emergency lights will be utilized in accordance with the Code of Virginia §46.2-920, and applicable policy. Emergency lights will be utilized when stopping violators, when assisting motorists on a roadway, and when parking or stopping a police vehicle on the travel portion of a
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roadway. When stopped, officers shall consider whether they can safely turn off their headlights to conserve the electrical system of their cruiser and to prevent inadvertently blinding other motorists.
2. Siren - The siren shall be used in accordance with the Code of Virginia, §46.2-920, as stated herein. The siren may be used to signal violators to stop when other means of attracting the violator's attention have failed.
3. Hazard Warning Lights - Hazard warning lights are defined as the vehicle's four-way flasher lights and must be used in accordance with the Code of Virginia §46.2-1040. Hazard warning lights may be used in conjunction with the emergency lights.
4. Spotlights – Spotlights must be used in accordance with the Code of Virginia §46.2-1019. Accordingly, no portion of the beam should be directed to the left of the center of the highway at any time or more than 100 feet ahead of the vehicle. Officers may use the spotlight to illuminate the interior of a car or any other area the officer believes requires additional illumination. Spotlights shall not be used to signal violators to stop due to the possibility of temporary blindness to the violator and to other drivers.
5. Alley Lights (Auxiliary Lights on Law Enforcement Vehicles) - All auxiliary lights, including alley lights and take-down lights, on department vehicles shall be used in accordance with the Code of Virginia §46.2-1029. Auxiliary lights may be used to light emergency scenes and other areas for the purpose of detecting offenders, apprehending violators of the law, and in performing other reasonably necessary law enforcement functions.
6. Public Address System - The public address system may be used when officers wish to verbally correct the movement of a violator, from a safe distance, to minimize the hazard to officers. The system may also be used to instruct the violator to a safe location to stop, instruct persons during unusual conditions, alert citizens to hazardous conditions, or for making general notifications to crowds.
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7. Flashing Headlights - Officers must ensure during vehicle inspections that police vehicles equipped with flashing headlights meet the requirements under the Code of Virginia §46.2-1029.1. This includes checking to ensure that when the warning lights are activated that either the high beam or low beam lights flash, but not both, and that the flashing mechanism may be switched off during those periods of time when headlights are required to be lighted under Code of Virginia §46.2-1030.
B. Equipment Stored in the Vehicle <41.3.2> Every marked patrol vehicle, and unmarked traffic enforcement vehicle, should have the following items stored in the vehicle. Officers shall ensure that all required equipment is in a vehicle prior to starting their patrol shift and shall report any missing equipment to their immediate supervisor. The supervisor shall ensure equipment that is missing or in need of replacement is promptly replenished from emergency supplies or from the Town Shop.
Vehicle Supplies Emergency Blanket Jack Fire Extinguisher Lug Wrench First Aid Kit Spare Tire Flares Traffic Cones Additional Supplies for Squad Supervisor AED Mechanical Breaching Kit Ammunition (1 box each) (Handgun, Rifle, Shotgun) 40mm Launcher Command Board Pry Bar Crime Scene Barrier Tape Rope Flares (1 Box) Shield Jumper Cables Stop Sticks
VI. RESPONSE GUIDELINES The driving response to calls is governed by the nature of the call, the seriousness of the situation, and other variables such as traffic congestion, weather, or road conditions and will generally necessitate either normal driving or response driving to reach the location.
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A. Normal Driving Response Routine or non-emergency calls require a normal driving response to the requested location. During normal driving responses, officers will proceed in a timely manner while maintaining a speed concurrent with the normal flow of traffic, obey motor vehicle laws and requirements of posted vehicular control signs, and exhibit courtesy as a responsible driver.
The following examples of calls would necessitate a normal driving response:
• Reported or suspected crime or event of a non-emergency nature; • Traffic collision or concern of a non-emergency nature; • Citizen call of a non-emergency nature. <41.2.1a>
B. Response Driving 1. Response driving to an emergency call for service would require the officer to immediately proceed directly and safely to the call by the most expedient route, utilizing emergency lighting equipment and siren, while having due regard for the safety of persons and property. Any situation in which there is a high probability of death or serious bodily injury to a person requires a response that is immediate and swift. <41.2.1b>
The following examples of calls may necessitate response driving:
• Alarms
• Disturbance or disorderly persons
• Crimes in progress
• Officer needs assistance
• Calls which indicate a life-threatening situation
• Collisions with life-threatening injuries 2. The Code of Virginia §46.2-920, provides specific guidelines which would exempt the driver of an emergency vehicle from certain driving regulations regarding speed, passing, direction of movement, yielding or stopping, when such vehicle is being operated under emergency conditions, such as
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response driving or pursuit driving, but only when the driver utilizes the emergency lights and sounds a siren. Furthermore, exemptions granted under the section shall not protect the operator of any such emergency vehicle from criminal prosecution for conduct constituting reckless disregard of the safety of persons and property and the operator of any such emergency vehicle shall not be released from civil liability for failure to use reasonable care in such operation. Officers must operate emergency vehicles with due regard for the safety of all persons.
3. Emergency response to calls must be in accordance with the Code of Virginia §46.2-920, as follows:
(Code of Virginia §46.2-920) Emergency Vehicle Exemptions - The driver of any emergency vehicle, when such vehicle is being used in the performance of public services, and when such vehicle is operated under emergency conditions, may, without subjecting himself to criminal prosecution: 1. Disregard speed limits, while having due regard for safety of persons and property;
2. Proceed past any steady or flashing red signal, traffic light, stop sign, or device indicating moving traffic shall stop if the speed of the vehicle is sufficiently reduced to enable it to pass a signal, traffic light, or device with due regard to the safety of persons and property;
3. Park or stop notwithstanding the other provisions of this chapter;
4. Disregard regulations governing a direction of movement of vehicles turning in specified directions so long as the operator does not endanger life or property;
5. Pass or overtake, with due regard to the safety of persons and property, another vehicle at any intersection;
6. Pass or overtake with due regard to the safety of persons and property, while en route to an emergency, stopped or slow- moving vehicles, by going to the left of the stopped or slow- moving vehicle either in a no-passing zone or by crossing the highway centerline;
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7. Pass or overtake with due regard to the safety of persons and property, while en route to an emergency, other stopped or slow-moving vehicles, by going off the paved or main traveled portion of the roadway on the right. Notwithstanding other provisions of this section, vehicles exempted in this instance will not be required to sound a siren or any device to give automatically intermittent signals.
4. Regardless of the seriousness of the situation to which an officer is responding, and except in circumstances that are clearly beyond the officer’s control, the operator of a police vehicle shall be held accountable for the manner in which the vehicle is operated.
5. Recognizing that protection of human life is paramount, the responding officer must bear in mind that the response objective is to get to the location of the call as soon as possible, safely and without endangering the officer or others.
6. An officer’s judgment and decision to expedite (response driving) or not expedite (normal driving) depends on the totality of information received from Communications or another source. It is critically important for such information to be complete and accurate. Every individual involved in the communication process must exercise great care to obtain as much information as possible from the reporting source, and to make every effort to ensure information accuracy throughout the process, from the initial source to the officer in the field. <41.2.1c> 7. The nature of certain crimes in progress may call for the use of the siren and/or emergency lights to be discontinued on close approach to the location of the occurrence. Although this action is authorized by Code of Virginia §46.2-920, police operations under these conditions require prudent judgment and extreme caution and such use shall be clearly articulated. If the nature of the call necessitates such a response to ensure a tactical and safe approach, officers must follow the guidelines outlined in the Code of Virginia §46.2-920. When approaching an intersection where vehicular traffic is controlled by signal lights or signs, or location where there is a reasonable possibility of collision, the driver of a police vehicle being operated under response or pursuit driving shall be granted an
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exemption as outlined in the Code of Virginia §46.2-920, only when the driver:
Utilizes the emergency lights and sounds a siren, OR
If no siren, slows the vehicle down to a speed reasonable for the existing conditions, yields the right of way to the driver of another vehicle approaching or entering the intersection from another direction or, if required for safety, brings the vehicle to a complete stop before proceeding with due regard for the safety of persons and property.
With only the lights activated, while proceeding through an intersection, the driver of the emergency vehicle yields the right of way. Both the lights and siren must be activated to be afforded the exemption under the Code of Virginia §46.2-920. <41.2.1d>
VII. PURSUITS
Officers must weigh the risks associated with vehicle pursuits in conjunction with the importance of apprehending a suspect who unlawfully flees and disregards an officer’s signal to stop. Pursuits are authorized in limited situations and shall be conducted using department vehicles that are equipped with emergency lights and sirens, and with due regard for the safety of persons and property. <41.2.2a> A. It is the policy of the Herndon Police Department that a vehicle pursuit is permitted in compliance with this policy and Virginia state law if the pursuing officer(s) has: <41.2.2b> 1. Established reasonable suspicion that the person being pursued has committed, has attempted to commit, or is committing a felony involving violence or the threatened use of violence;
2. Verified the existence of an active warrant for a felony involving violence or the threatened use of violence for the person being pursued;
3. Observed egregious driving behavior that poses a continuing threat to public safety. Driving behavior that results from any attempt to stop the vehicle, such as fleeing at high speed, cannot be used to justify a pursuit.
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B. Felonies involving violence include, but are not limited to:
• Murder; • Manslaughter (to include hit and run fatality); • Mob-related felonies; • Malicious wounding or felonious assault; • Robbery; • Carjacking; • Felony criminal sexual offenses; • Escape with force; • Kidnapping or abduction; • Felonies involving the unlawful use, attempt to use, or display of a firearm in the commission of a felony; or any active offense involving the use, threatened use, or display of a firearm or explosive device (concealed weapon excluded). C. Training Initial training on the pursuit policy shall be documented and a review of the pursuit policy shall be conducted annually for sworn members and communications technicians. <41.2.2m,n>
D. Officers’ Responsibilities <41.2.2c,d> The initiation of a vehicle pursuit requires that the pursuing officer as well as the supervisor consider the potential risk of death or serious injury that is created by the pursuit itself. A vehicle pursuit is justified when an officer knows or has reasonable suspicion to believe that a suspect has committed or is attempting to commit an offense (as outlined in section A) and refuses to stop when given a signal to do so, and the necessity of immediate apprehension for the offense outweighs the level of danger created by the pursuit.
1. When an officer initiates a pursuit, the officer shall utilize the emergency lights and siren in accordance with the Code of Virginia §46.2-920. The initiating officer shall immediately voice the following information over the police radio: a. Unit number; b. The initiation of a pursuit and the reason for the pursuit; c. The location, direction, and speed of travel;
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d. Critical information on the pursued vehicle and its occupants.
2. The primary unit in a vehicle pursuit is typically the initiating officer. This designation may change as the event continues. The primary unit shall constantly evaluate the initial justifications for the pursuit and must consider that in many circumstances, the decision by an officer to abandon a pursuit may be the most prudent course of action. Pursuing officers or involved supervisors may initiate termination of a pursuit at any time depending upon their judgment of the circumstances. Such considerations for terminating a pursuit can include the following: <41.2.2h,i>
a. If, in the opinion of the primary unit or supervisor, there is a clear and unreasonable danger to the officer and others that outweighs the necessity for immediate apprehension; b. If the suspect’s identity has been established to the point that later apprehension can be accomplished and there is no longer any need for immediate apprehension; c. If the prevailing traffic, roadway, or environmental conditions indicate a safety issue; d. If the pursued vehicle’s location is no longer known; e. If the officer is unfamiliar with the area and is unable to determine the pursuit location and direction of travel, especially in pursuits outside the Town of Herndon; or f. If the communication capability between the officer and the Communications Section becomes severely limited.
3. A secondary unit may assume responsibility for providing radio updates to Communications and the monitoring supervisor. Responsibility for assuming or providing radio updates shall be clearly announced and acknowledged by Communications.
4. The secondary unit shall maintain a safe distance from the pursuing police vehicle. There is no requirement for a secondary unit to continue in a pursuit if the officer can articulate prudent reasons for terminating the pursuit.
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5. Officers involved in or responding to a pursuit shall monitor the radio to acknowledge information, direction and orders, to include a decision to terminate.
6. When a supervisor orders the termination of a pursuit, all units involved in the pursuit shall immediately discontinue the pursuit. When the primary unit in a pursuit announces that they have terminated a pursuit, all other vehicles in the pursuit shall also discontinue the pursuit.
7. The termination of a pursuit does not prohibit the following of a vehicle in accordance with all traffic laws and under normal driving procedures or remaining in an area to re-initiate pursuit if the opportunity and conditions permit.
C. Communications’ Responsibilities <41.2.2f>
1. When an officer announces the initiation of a pursuit, the Communications Technician shall:
a. Hold the channel for emergency traffic; b. Broadcast all information concerning the pursuit and notify the duty supervisor, or in his or her absence, notify any supervisor or command official; c. Alert contiguous jurisdictions of the pursuit; d. Query DMV, VCIN and NCIC for data on the pursued vehicle and occupants.
D. Supervisor’s Responsibilities <41.2.2g>
1. A duty supervisor will, as soon as possible, acknowledge awareness of the pursuit and assume command of the pursuit. The supervisor shall give specific direction to either allow the pursuit to continue or advise termination of the pursuit. <41.2.2h,i>
2. The supervisor in command of the pursuit shall additionally:
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a. Monitor the pursuit to ensure compliance with the guidelines and requirements under this policy; b. Determine and make assignments as required by the circumstances of the pursuit; c. Not become involved in the pursuit unless circumstances, staffing, or safety dictates otherwise. If involved, command of the pursuit must transition to an uninvolved supervisor (regardless of rank), if available; d. Continuously evaluate the justification for the pursuit by scrutinizing information from the officers involved. When the supervisor monitoring the pursuit determines that continued pursuit would not be justified, he or she shall terminate the pursuit by clearly ordering, through radio communications, that all units involved terminate the pursuit. Communications shall repeat the order and verify it has been received; e. Make the determination whether to commit additional vehicles to the pursuit when a specific need for them can be clearly defined. E. Other Pursuit Considerations The use of unmarked police vehicles, or police motorcycles as pursuit vehicles should be avoided. When such vehicles become involved in a pursuit, the operator shall, as soon as a marked police vehicle is available to safely take over the pursuit, yield the position of primary unit to the marked vehicle, and completely withdraw from the pursuit when marked vehicles become available to take over as both primary and secondary units. <41.2.2e> 1. Officers operating truck chassis or other vehicles not rated for pursuit driving shall not pursue.
2. Vehicles without functioning emergency lights and sirens shall not pursue.
3. All efforts should be made to avoid having civilian passengers remain in an emergency vehicle during pursuits. 4. Unless circumstances dictate otherwise, a pursuit shall consist of no more than two police vehicles, a primary and a secondary unit. All other personnel shall stay clear of the pursuit unless instructed to participate by the supervisor monitoring the pursuit. At no time will more than three
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police vehicles be directly involved in the pursuit, except in instances where specific need for them can be clearly defined. If more assistance is necessary, the number of units will be determined by: a. The nature of the offense; b. The number of suspects; c. Whether the participating police vehicles have more than one officer; and d. Other clear and articulated facts that would warrant the increased hazard. 5. The decision to commit additional vehicles shall rest with the supervisor based on information supplied by officers in pursuit. All officers that become involved in the pursuit shall voice and advise the Communications Technician of their status and location, as soon as practical. 6. The primary unit may become secondary if the fleeing vehicle comes under air surveillance or when another unit is assigned primary responsibility.
7. There should be no attempt by officers to pass other units unless the passing is coordinated with the unit to be passed.
8. Officers not directly involved in an ongoing vehicle pursuit shall not join or participate in the pursuit without the specific, acknowledged authority of the supervisor monitoring the pursuit. Officers not involved in the pursuit shall limit any radio transmissions to emergency broadcasts. F. Police Helicopter Assistance 1. If a police helicopter enters the pursuit, other pursuing officers should reduce their speed and maintain radio contact with the aircraft, enabling the helicopter to direct and coordinate the pursuit. Officers not directly involved in the pursuit should monitor radio traffic for the pursuit location. It is recognized that instances will arise where officers would be acting properly in not reducing their speed after helicopter involvement. Examples of such instances include:
a. If the light and/or weather conditions are such that it is likely the pursued vehicle will be able to evade the helicopter;
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b. If the terrain is such that the pursued vehicle could be easily concealed from the helicopter’s view (i.e., wooded areas); c. If the suspects are wanted for a serious felony and their immediate apprehension is necessary once the vehicle is stopped.
G. Pursuits into the Town by Other Jurisdictions <41.2.2j> 1. Officers may assist with pursuits by other jurisdictions into the Town of Herndon if the pursuit meets the criteria of this policy and if it is approved by a supervisor. When assisting pursuing officers from another jurisdiction, all vehicle operation and pursuit criteria shall be in compliance with this policy. Officers assisting an outside agency shall terminate their assistance when the pursuing officer leaves the Town of Herndon unless the pursuit continues to meet the Town of Herndon’s criteria for vehicle pursuits under this section. 2. Communications shall notify the pursuing jurisdiction that Herndon is terminating the pursuit at the Herndon Town line. Warrants for traffic and criminal violations committed by the pursued driver may be obtained in the event that the identity of the violator is established. In the event that the other jurisdiction terminates its pursuit while within the Town of Herndon, officers will continue to pursue only on the basis that the pursuit continues to meet the guidelines under this policy and approval is granted by a supervisor to continue the pursuit. H. Pursuits Outside the Boundaries of Town, but within the Commonwealth of Virginia <41.2.2j> 1. A vehicle pursuit is permitted anywhere within the state and in compliance with this policy and Virginia state law if the pursuing officer(s) has established reasonable suspicion that the person being pursued has committed, has attempted to commit, or is committing any crimes as established previously in section A.
2. When an officer perceives the likelihood that a pursuit will necessitate movement into another jurisdiction within the state, the officer shall advise Communications. 3. Upon receiving such a notification, the Communications Technician shall immediately alert the affected jurisdiction and provide all known
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information. If the affected jurisdiction, based on their department’s policy, refuses to participate in the pursuit, this information should be immediately relayed to the pursuing officer and supervisor monitoring the pursuit.
4. With supervisory approval, an officer may continue the pursuit when only one officer from another jurisdiction is actively involved in the pursuit, or if the number of suspects, nature of crime, and the possibility of weapons requires additional units for officer safety.
5. The pursuing officer, after entering another jurisdiction within Virginia, shall be responsible as follows: a. The officer shall maintain, to the extent possible, contact with the Communications Section and relay information that will assist the jurisdiction in locating and apprehending the person pursued; b. When an apprehension and arrest are made of the person pursued in a contiguous county, Loudoun or Fairfax, the arresting officer shall immediately return the accused to a special magistrate in Fairfax County; c. When an apprehension and arrest are made of the person pursued in a city or county not adjacent to the Town of Herndon, the arresting officer shall take the accused before the proper official of the city or county in which the arrest occurred; d. If the arrest takes place with a warrant, the judicial officer shall either commit the accused to the custody of the arresting officer for immediate transfer to Fairfax County, commit the accused to jail for transfer as soon as possible, or release the accused according to law (i.e., bail, personal recognizance); e. If the arrest takes place without a warrant, the arresting officer shall obtain a warrant from the judicial officer where the arrest was made, charging the accused with the offense(s) committed in the Town of Herndon; f. Offenses which are observed by the pursuing officer(s) occurring beyond the Town of Herndon shall be reported to the authorities of such jurisdiction. The pursuing officer shall offer all reasonable
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assistance to authorities to further the investigation and any resulting prosecution for the offenses.
I. Vehicle Pursuits into Maryland and the District of Columbia <41.2.2j> Maryland and the District of Columbia have granted statutory authority for Virginia law enforcement officers to pursue across their boundaries and effect arrests, provided that probable cause exists involving the occurrence of an offense which is a felony. After entry, the laws of such jurisdictions control the permissible conduct for pursuing officers. Pursuits shall only extend into Maryland and the District of Columbia when the following conditions exist:
1. Police vehicle operation is in accordance with this policy and Virginia state law;
2. The pursuing officer has established probable cause that the person being pursued has committed or is committing a felony involving violence or the threatened use of violence, as defined in Code of Virginia §19.2-297. Crimes included under this code definition are murder, manslaughter (to include hit and run fatality), mob-related felonies, malicious wounding, felony kidnapping or abduction, robbery, carjacking, and felony criminal sexual assaults. In addition to these crimes, officers may pursue for escape with force and any felony involving the discharge of a firearm.
3. The supervisor monitoring a pursuit must be notified of the pursuit’s probable entry into Maryland or the District of Columbia. The supervisor must specifically authorize the pursuit to continue. The supervisor’s decision to allow continuation of the pursuit shall be based on the seriousness of the crime, traffic conditions, time of day, and environmental conditions. J. Responsibilities of Pursuing Officer before entering Maryland or the District of Columbia When an officer perceives that the pursuit will involve movement into Maryland or the District of Columbia, the officer shall notify Communications. The officer shall ensure that Communications is aware of the vehicle and
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occupant descriptions, indication of weapons present, location of entry into the jurisdiction, and criminal charges involved.
1. No more than two emergency vehicles should cross a major jurisdictional boundary in a pursuit unless additional units are authorized by supervisory personnel for articulable reasons. When more than two units pursue across a major jurisdictional boundary, those in excess of two shall terminate pursuit as units from the entered jurisdiction join pursuit. As soon as practical, the pursuit shall be relinquished to personnel from the entered jurisdiction, with a Herndon Police unit continuing in response until the pursuit is concluded or terminated. This does not preclude a continued response by additional Herndon Police units at the discretion of the monitoring supervisor.
2. Officers may arrest felons after a legal pursuit across major jurisdictional boundaries; however, they shall hold the individual for, and relinquish the individual to, the law enforcement agency of the entered jurisdiction. Custody of this individual should then be administratively processed through the entered jurisdiction with extradition procedures initiated by the Commonwealth of Virginia.
3. Any violations that occur after entry into a foreign jurisdiction will be charged by law enforcement officers of that jurisdiction.
4. Herndon Police officers shall not initiate or participate in any roadblocks after crossing major jurisdictional boundaries.
K. Vehicle Pursuit Documentation and Review <41.2.2k> 1. An incident and/or supplemental report shall be completed by all personnel involved in the pursuit by the end of the shift. The incident and/or supplemental report shall include comprehensive information from all personnel involved to include: a. The reason for initiating the pursuit; b. Location and route of the pursuit; c. Supervisor in command of the pursuit; d. Whether the pursuit was terminated, by whom and reason;
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e. Whether an apprehension was made and the arrestee's name and charges; and f. Whether damages or injuries were associated with the pursuit.
2. The squad supervisor shall initiate a vehicle pursuit review in the IA Module under Pursuits in the Records Management System (RMS) as soon as practical following the incident, to include the following.
a. The supervisor shall review the incident report completed by the involved officer(s) and any supplemental reports to finalize the pursuit review. In addition, all related in-car camera recordings and all body worn camera footage should be reviewed to obtain any other relevant information necessary to complete the pursuit review. b. The pursuit review shall include a preliminary determination for the justification of the pursuit and the officer(s)’ actions as well as adherence to department policy. c. At the completion of the review, the supervisor shall ensure that all video recordings, both in-car and body-worn camera, are reclassified to “Internal Affairs”. All related videos must be reclassified to ensure they are stored indefinitely. d. The supervisor shall ensure that their lieutenant and division commander are notified of the completed review. This notification, to include the incident number associated with the pursuit, may be made by email through the chain of command.
3. Upon receipt of a pursuit review, the division commander shall assess the supervisor’s findings and review all reports and video recordings associated with the pursuit. The division commander shall determine if the incident should advance to an Internal Affairs investigation.
4. If, during the pursuit review, there are indications that Department policies or state laws were violated, a vehicle crash occurred involving the police vehicle, the violator’s vehicle, or other citizen vehicle as a result of the pursuit; the review shall advance to an Internal Affairs investigation.
L. Annual Pursuit Analysis <41.2.2l> The Support Services Division Commander will conduct an annual analysis of pursuits, pursuit policies, and reporting procedures. The analysis should include the cumulative reasons for initiation and termination, any property damage or
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personal injury, or any liability incurred to address patterns or trends that indicate training needs and/or policy modifications.
VIII. FORCIBLE STOPPING <41.2.3>
A. Roadblocks and other forcible stopping techniques may be valid options to augment police pursuits or other extraordinary circumstances necessitating the apprehension of a violator. It is imperative to be able to articulate reasons for the pursuit and other considerations for deploying forcible stopping. All instances of forcible stopping described herein shall be considered a use of force, and in each case an administrative review of the use of force shall be conducted and documented in the IA Module under Use of Force. <41.2.3a,b,e>
B. The Department provides training and/or certification in stop sticks, Precision Immobilization Technique (PIT), and roadblocks (rolling or stationary). (See definitions under Terminology) Only officers trained in the use of authorized roadblocks and forcible stopping techniques or maneuvers shall be authorized to perform such operations. <41.2.3c>
C. Due to the potential dangers associated with vehicle collisions, the use of police vehicles to strike or make intentional contact with another vehicle should be avoided except in accordance with PIT procedures and when such action is not likely to cause serious injury or death and is likely to terminate an incident, which, if permitted to continue, would place officers and citizens at risk of serious injury or death. D. Stop Sticks If there is sufficient time, an appropriate number of officers, and the road and traffic conditions favorable, the deployment of the stop stick tire deflating device may be utilized to bring the pursuit to a conclusion. Deployment is governed by the following:
1. The stop stick shall only be used on vehicles with 4 or more tires traveling at speeds greater than 10 mph;
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2. The ranking supervisor and the Communications Technician shall be advised of the exact location of the stop stick deployment, and pursuing units shall be notified by radio of the existence and location of the stop stick deployment; <41.2.3d>
3. Use of the stop stick shall be documented in the incident report as a use of force and an administrative use of force review shall be completed;
4. Once the stop stick has been used or damaged, it cannot be reused. It must be returned to the Traffic Section Supervisor for replacement.
E. Precision Immobilization Technique (PIT) If, in the judgment of the officer(s) involved in a pursuit, the fleeing vehicle must be stopped immediately to safeguard life and preserve public safety, the decision to use the PIT maneuver may be implemented. Prior to implementation, officers must consider the safety of bystanders, the risk of physical injury to the occupant(s) of the fleeing vehicle, and potential injury to themselves. The ranking supervisor shall be advised of the PIT deployment as soon as practical. The implementation of the PIT maneuver within prescribed guidelines shall be considered a use of force. Every instance where an officer initiates or participates in the PIT maneuver shall be documented and reviewed as a part of the use of force review. <41.2.3d>
F. Rolling Roadblock In extreme cases, a rolling roadblock may be implemented to affect a forced stop. This technique, which involves three vehicles, requires extreme caution as it places the officer in a danger zone if the suspect is armed, and may expose the police vehicle to ramming by the suspect. The ranking supervisor must approve the use of a rolling roadblock prior to deployment. <41.2.3d>
G. Stationary Roadblocks As a last resort and when all other forcible stopping methods have failed to stop a person fleeing in a motor vehicle who presents an immediate threat to life or injury to any person, the use of a stationary roadblock may be
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considered. The ranking supervisor on duty must approve the use of the roadblock and shall follow these guidelines: <41.2.3d>
1. The roadblock must be clearly visible, provide adequate warning to allow vehicles to come to a safe stop, and provide an avenue of escape to the pursued vehicle; 2. Under no circumstances shall a citizen's vehicle be utilized to establish a roadblock; marked police vehicles will be the only vehicles used in a roadblock;
3. Under no circumstances shall Herndon police officers establish or participate in a stationary roadblock outside the boundaries of the Town of Herndon;
4. All emergency lights and headlights shall be operating during the roadblock activity, provided that headlights, searchlights, spotlights or takedown lights shall not be used during the conduct of the roadblock in such a manner as would likely blind or impair the vision of a driver of a moving vehicle;
5. Officers shall not remain in any vehicle being utilized in a roadblock and shall select a position of safety to monitor the roadblock. All officers shall establish a position on the same side of the roadway in the event of the use of firearms and to avoid a crossfire situation;
6. Communications shall be advised of the exact location of the roadblock, and all pursuing units shall be notified by radio of the existence and location of the roadblock;
7. Safety of officers and civilians shall remain the primary concern in utilizing a roadblock;
8. If weather or road conditions do not allow clear visibility sufficient to permit a safe stop of the suspect’s vehicle, the roadblock will not be used.
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X. VEHICLE ESCORTS
A. The Department may perform non-emergency escorts by request. Escorts shall be conducted with marked police vehicles or motorcycles as they provide maximum visibility to other motorists, reducing the risk of crashes; however, unmarked vehicles may be used to assist in an escort if more than two marked vehicles are required. Staffing restraints may dictate whether escorts can be scheduled. Personnel should be aware of the hazardous circumstances which are inherent in conducting escorts.
B. Emergency escorts are prohibited due to the close proximity of fire and rescue services and a hospital emergency room. C. Guidance for Non-Emergency Escorts 1. Officers performing escorts have the responsibility to choose the travel route. Factors to be considered in route selection are time of day, local traffic, workload, road hazards, permit requirements, and weather. If the escorted party does not agree to the selected route, they will be advised to proceed at their own risk without an escort, or, in the case of hazardous materials or wide loads, that they cannot travel through the Town until they agree to the specified conditions.
2. Officers have the responsibility to refuse any escort which presents an unreasonable hazard to their safety or that of the public, after consulting with their supervisor. The primary concern in all escorts is to ensure the safety of the officers involved, persons being escorted, and the public. It is the secondary concern of police personnel to ensure minimal disruption to the normal flow of traffic.
3. Police vehicles actively involved in traffic control during an escort assignment shall have their emergency lighting equipment in operation at all times. Intermittent use of the siren may be required as a warning to other motorists. No escorted vehicle shall be permitted to exceed the posted speed limits.
4. Police vehicles involved in an escort shall only enter controlled intersections as part of the escort team and should not take control of intersections unless pre-assigned. An officer shall maintain control of the
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intersection until the last vehicle in the procession has passed through the intersection. Motor officers may take control of any intersection, regardless of the signal color, when required by traffic conditions. The Traffic Section Sergeant or designee shall be in charge of event assignments and route selection.
5. When officers pass vehicles in a procession in order to reach the front, they shall exercise due regard for the safety of the officers involved, persons being escorted, and the public. Escorted vehicles shall not be allowed to proceed against a red traffic signal, unless at the direction of a police officer.
XI. DEPARTMENT VEHICLE INCIDENTS/COLLISIONS A. Notification 1. The operator of a police vehicle involved in any type of collision shall, unless physically disabled, notify Communications by radio without delay.
2. Upon being notified of such incident, the Communications Technician shall advise the squad supervisor and the involved officer's supervisor.
3. Fatal or serious injury collisions require an oral report to be made to the Chief of Police and the Field Operations Division commander as soon as possible after the occurrence. The ranking supervisory officer on duty at the time of the collision shall make the oral report.
B. Collision Investigations 1. All vehicle crashes will undergo an Internal Affairs investigation. The investigating officer shall determine the cause of the crash, based on all evidence and known facts, and shall include such factual findings and conclusions in a detailed administrative investigation report to the Chief of Police. Appropriate documentation must be attached to the administrative investigation memorandum. All completed investigations shall be reviewed through the chain of command. The appropriate division commander shall note the date of their review and whether they are in concurrence or if additional action is required.
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2. For vehicle crashes in the Town of Herndon: a report must be completed in the Accident Module (FR 300P) as well as the IA Module under Fleet Vehicle Accidents. The FR 300P will be forwarded to DMV only when required by state law.
3. For vehicle crashes outside the Town of Herndon: a report must be completed in the IA Module under Fleet Vehicle Accidents and include documentation from the reporting jurisdiction. C. Collision Investigations by Internal Affairs Commander The Internal Affairs Commander, with the assistance of the Crash Reconstruction Unit as necessary, shall investigate the following specific types of crashes or incidents:
1. All crashes, uses of PIT, or incidents resulting from or involving a police vehicle coming into contact with another vehicle, object, or person as a direct result of the intentional actions of the officer;
2. All crashes resulting in fatalities or serious physical injury which directly involve a police vehicle;
3. All crashes resulting in fatalities or serious physical injury that occur coincidentally with a vehicle pursuit.
4. The Internal Affairs Commander shall ensure a thorough investigation and complete all investigative activities, reports, memorandums, or administrative actions usually assigned to the employee’s immediate supervisor. D. Collision Investigations by Supervisors 1. Generally, the crash investigation shall be conducted by the operator's immediate supervisor, unless otherwise directed by the division commander. In the event the immediate supervisor is not available, the investigation shall be conducted by the nearest available supervisor. An officer of equal or superior rank may investigate any accident involving a supervisor or line officer.
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2. The investigating officer shall determine the cause of the crash based on all evidence and known facts, and complete appropriate documentation for the administrative investigation.
3. The Herndon Police Crash Reconstruction Unit shall be requested to assist in the investigation of police vehicle collisions, on public or private property, when collisions have resulted in significant property damage, or when unusual circumstances necessitate advanced accident investigation expertise.
4. When a certified Herndon Police Crash Reconstruction technician is not available, the Fairfax County Police Crash Reconstruction Team should be requested.
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SECTION CONTENTS
61.1 TRAFFIC ENFORCEMENT 61.1.1 Selective Traffic Enforcement 61.1.2 Enforcement Action 61.1.3 Special Processing Requirements 61.1.4 Issuance of Traffic Summonses 61.1.5 Enforcement Policy 61.1.6 Enforcement Practices and Road-checks 61.1.7 Traffic Stops 61.1.8 Summons Issuance Procedures 61.1.9 Speed Measuring Devices/Use of Radar 61.1.10 DWI Enforcement 61.1.11 DWI Arrests 61.1.12 Reexamination of Motorists 61.1.13 Parking Violations
61.1 TRAFFIC ENFORCEMENT
61.1.1 Selective Traffic Enforcement A. Selective traffic enforcement is an activity of the Field Operations Division. Selective traffic enforcement functions include the following:
1. An annual analysis by the Traffic Section supervisor of traffic collisions. Analysis of traffic collisions will include at a minimum the following factors: Month, day and hour; Location, weather and road conditions; Driver action, to include violations; Types of vehicles involved.
This information will be gathered from collision investigation reports submitted to the Records Section. The crime analyst will compile the data for the analysis and provide it to the Traffic Section supervisor for analysis on a monthly basis.
2. An annual analysis by the Traffic Section supervisor of traffic enforcement activities. The traffic complaints received during each month will be reviewed along with the summonses issued to determine if adequate enforcement is being applied to the Herndon Police Department
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identified high violation rate locations. The crime analyst shall assist by providing the necessary data for the analysis;
3. The scheduling of selective enforcement in areas where analysis of traffic collisions and violations indicates that special attention is needed. The Traffic Section supervisor shall issue a monthly schedule of selective enforcement locations based on the preceding analysis. The schedule shall be approved by the Field Operations Division commander prior to implementation. Patterns of similar causes or sudden increases in the severity or number of collisions or violations at a specific location are valid criteria for extra enforcement.
4. Selective Enforcement Assignments a. The Traffic Section supervisor shall provide a monthly selective enforcement activities schedule. Selective enforcement sites shall be worked by a traffic enforcement unit when available. If a traffic enforcement unit is not able to monitor a selective enforcement site, squad supervisors shall assign a patrol officer to the assignment. b. Selective enforcement activities will be based on an analysis of traffic collision data, citizen complaints and officer knowledge. Enforcement efforts shall be directed toward driving behavior that contributes to collisions. These selective enforcement sites shall not be limited to the enforcement of speeding violations. These sites will be utilized for the enforcement of violations in proportion to the frequency with which they occur in collisions and for responding to traffic-related needs identified in the community.
5. On an annual basis, the Traffic Section supervisor will evaluate the selective enforcement program. This review shall be included in the annual analysis of traffic collisions and of traffic enforcement activities and should ascertain whether the enforcement efforts have met their objectives. A comparison of current accomplishments to past accomplishments shall be included. Upon completion, the report shall be submitted to the Chief of Police through the chain of command.
6. Traffic Enforcement Unit All uniformed patrol officers are responsible for the safe flow of traffic throughout the Town; however, officers of the Traffic Enforcement Unit are tasked with this responsibility as their primary objective. Officers of the Traffic Enforcement Unit are supervised by the Traffic Section supervisor. Specific duties of the Traffic Enforcement Unit will include but are not limited to: Herndon Police Department
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a. Operations of speed measuring devices; b. Parking control and enforcement; c. Traffic law enforcement (to include truck safety and weight enforcement); d. Traffic and speed studies and analysis; e. Analysis of collision reports and records.
61.1.2 Enforcement Action Officers shall take appropriate enforcement action for each violation of traffic law witnessed or reported to them. All enforcement action shall be accomplished in a firm, fair, impartial and courteous manner using one of the following procedures.
A. Physical Arrest 1. Officers shall make a physical arrest in compliance with the Code of Virginia, §46.2- 940, under the following circumstances: a. If the person is believed to have committed a felony; b. If the person is believed to be likely to disregard a summons issued under Code of Virginia, §46.2-936; c. If the person refuses to give written promise to appear under provisions set forth under Code of Virginia, §46.2-936 and §46.2-945. 2. Officers shall make a physical arrest in compliance with the Code of Virginia, §18.2- 266, when a person is believed to be operating a motor vehicle while under the influence of alcohol or other intoxicants. 3. Officers may make a physical arrest when a person has committed a traffic violation and is licensed by a state, which does not have a reciprocal agreement with Virginia. All physical arrests must be based on sound legal principles in conjunction with reasonable judgment and discretion.
B. Issuance of Traffic Summons The issuance of a traffic summons is applicable in most cases for those violators who commit a traffic offense, which jeopardizes the safe and efficient flow of vehicular or pedestrian traffic. These summonses shall be issued in compliance with the Code of Virginia, §46.2-945.
C. Verbal and Written Warnings A warning is a proper alternative for officers when enforcing a minor traffic offense and may be appropriate as an alternative in enforcing parking violations. Warnings should take into account the degree and severity of the violation committed. Once a summons Herndon Police Department
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or parking violation has been issued, it shall not be reduced to a warning. Refer to §82.3.4 for specific guidance on voiding a summons or parking violation.
61.1.3 Special Processing Requirements Contained within this section are procedures for handling situations, which require a law enforcement response of a different nature than would be required under normal circumstances.
A. Nonresident Traffic Violator 1. Nonresident violator compacts are currently in effect between Virginia and a number of other states. Appropriate personnel will be made aware of any changes made to these compacts. For the benefit of patrol officers, the Communications Section will maintain a current list of compact states. See also "State and Town Code Index" for a list of states. 2. These compacts are provided for in the Code of Virginia, §46.2-946. 3. Code of Virginia, §46.2-945, Paragraph "C", specifies that no person shall be entitled to receive a traffic summons when the offense is in one of the following categories: a. An offense for which the issuance of a summons instead of a hearing or the posting of a bond is prohibited by the laws of the state; b. An offense that requires the revocation of the operator's license or the forfeiture of a bond upon conviction. The following offenses are those that require revocation upon conviction: i. DWI; ii. Voluntary or involuntary manslaughter; iii. A felony involving the motor vehicle laws or involving the use of a motor vehicle; iv. Failure to stop at the scene of a collision involving injury or death; v. Intentionally and willfully stopping, blocking or damaging any vehicle upon the highways; vi. Racing on a highway; vii. Perjury or making false affidavit to the Department of Motor Vehicles (DMV) concerning registration of motor vehicles or their operation on the highways, or making false statements to DMV on any applications for an operator's or chauffeur's license; viii. Driving while license, permit or privilege to drive is revoked. 4. If a nonresident license by a reciprocal state fails to appear for court, the officer shall proceed in accordance with Code of Virginia, §46.2-945, Paragraph "C". Form DI-437 shall be completed by the officer and the appropriate copies sent to DMV. Herndon Police Department
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The officer will complete the form during their next tour of duty. The original and pink copies are forwarded to DMV, the blue copy filed with the Records Section, the green copy is retained by the officer. 5. A traffic violator licensed by a state, which does not have a reciprocal agreement with Virginia, will be allowed to follow the arresting officer to the nearest magistrate, except in cases where physical custody is necessary. In those cases, the vehicle will be towed for safekeeping if not legally parked, unless another licensed driver is present and the violator can lawfully, knowingly and intelligently entrust the vehicle to such person who is willing to assume such responsibility.
B. Juveniles 1. Juveniles who have committed a traffic offense will not be taken into custody but will be issued a summons. Juveniles will only be taken into custody in accordance with General Order §61.1.2. 2. In cases where a juvenile has been taken into custody, the officer shall notify the parents as soon as possible. 3. If the officer deems that further custody is required pending a hearing, juvenile intake shall be contacted for authorization. Juvenile custody procedures shall be followed in compliance with General Order §44.2.2.
C. Foreign Diplomats and Consular Officials 1. Officers may stop diplomatic and consular personnel for traffic offenses. A summons may be issued because it does not constitute an arrest or detention, although the signature of the official may not be required. Officers should not hesitate to follow normal procedures to intervene in a traffic offense, which they have observed, even if immunity bars any further action at the scene. 2. Sobriety tests may be offered but may not be required or compelled. If the officer suspects that the individual may be intoxicated, the officer shall not permit the individual to drive. The officer's primary duty is the safety of the community and of the intoxicated individual. Options for the officer include: a. With the individual's permission, transporting the person to the police facility or their home. Such a transport shall only be made after supervisory authorization; b. Summoning, at the individual's request, a taxi or other person to drive. 3. Officers involved with such an incident shall fully document the facts and contact the Department of State. The Communications Section maintains current telephone numbers for this purpose. See also General Order §74.3.1. Herndon Police Department
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4. The property of an individual covered by immunity includes their vehicles, which may not be searched or seized. Such vehicles should be moved so they do not endanger public safety or obstruct traffic.
D. Military Personnel 1. Military Personnel, if from this area, shall be treated as a resident. 2. When a physical arrest is made, the squad supervisor will notify the liaison officer of the appropriate service organization. The Communications Section maintains current telephone numbers for this purpose. See also General Order §74.3.1. 3. A squad supervisor shall make the appropriate notification when military personnel are involved in a traffic collision and are killed or hospitalized. 4. In any situation where U.S. Government equipment is seized, towed, or confiscated, the squad supervisor shall notify the appropriate government agency.
E. Legislators Members of the U.S. Congress, the Lieutenant Governor, or members of the Virginia General Assembly during sessions and five days before or after sessions, to include any clerk or assistant, shall not be taken into custody for traffic offenses other than felony offenses or DWI. The issuance of a traffic summons for a traffic offense is allowed. See also General Order §74.3.1.
61.1.4 Issuance of Traffic Summonses A. At the time a motorist is charged with a violation, the officer will provide the motorist with a copy of the summons. This shall include: 1. The date, time and location of the scheduled court appearance; 2. All relevant information on the specific violation charged; 3. Whether appearance in court is mandatory or if a fine may be paid in lieu of a court appearance; 4. A court telephone number for the motorist to contact for additional information.
B. The officer shall ensure all other information provided to the motorist is done so clearly and in a manner that is easily understood.
61.1.5 Enforcement Policy A. The Herndon Police Department will strive to provide uniform enforcement action for traffic violations throughout the Town. Sound judgment by all officers in considering the circumstances and conditions at the time of the violation will ensure appropriate action and gain the public confidence in traffic enforcement. Herndon Police Department
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B. The ultimate goal of traffic law enforcement is to achieve voluntary compliance with all traffic laws. To achieve this, the Herndon Police Department will: 1. Actively enforce the law as it pertains to driving while intoxicated. Officers will normally arrest any driver found to be in violation of this law. Arrests will be based on an individual's driving behavior, results of field sobriety tests, and results of blood alcohol tests; 2. Actively enforce the law as it pertains to speeding violations with discretion utilizing warnings and issuing summonses. Generally officers should issue a summons for violations of 10 mph or more over the posted speed limit. Lesser infractions should be issued a warning. Consideration should be given to the weather conditions, traffic volume, pedestrian traffic, and location in conjunction with the correlation of speeding and traffic collisions; 3. Actively enforce the law as it pertains to hazardous traffic violations, including seat belt violations and child restraint violations; 4. Actively enforce the law as it pertains to equipment violations. These shall be enforced when a vehicle is found to be in violation of several equipment requirements, a summons should usually be issued for the most serious violation. This action should be taken even when each violation independently is worthy of only a warning. Single equipment violations shall be enforced based on the seriousness of the offense and officer discretion; 5. Enforce violations by public/commercial carriers. All enforcement policies and procedures in this section are applicable to the public/commercial carrier; 6. Enforce non-hazardous violations in some cases by issuing a warning. Enforce flagrant or subsequent violations by issuing a summons; 7. Enforce multiple violations in one of the following applicable manners: a. When an officer is confronted with an individual that has committed two or more separate serious violations, the officer would issue a summons for each offense. The exceptions to this would be when the two violations are similar to the extent that one law exists for the purpose of compliance with the other law or is a lesser-included offense of the other law. b. Normally, one summons will be issued in the case of related, multiple, non-hazardous violations stemming from the same incident. c. When multiple violations are observed and they can be classified separately as hazardous or non-hazardous, they should be dealt with independently. For example, a driver stopped for speeding and found to be driving without a license shall be issued separate summonses. Herndon Police Department
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8. The Chief of Police shall set grace periods where warnings will be issued in lieu of a summons when a new traffic law becomes effective. After the initial grace period, enforcement will be carried out in the preceding uniform manner.
C. This enforcement policy does not supersede sound officer judgment. It is impossible to predict every conceivable situation involving traffic offenses. In unusual circumstances, officers must decide the proper enforcement action based on a combination of training, experience and common sense.
D. Violators without Driving Privileges 1. No person without a valid operator's license, except those exempted in the Code of Virginia, §46.2-303 through §46.2-308, is allowed by law to drive a motor vehicle on any highway. Officers sometimes may stop violators that are not able to produce a valid driver's license. When this occurs officers shall transmit the violator's name, date of birth and social security number to the Communications Section to check the status of the violator's driving privileges. If the violator has a valid license, then the officer's actions should be dictated by the initial violation or contact. 2. If the violator does not have a driver's license through DMV, the officer should determine if the violator has been issued a license through another state. If it can be determined that no license has been issued, the officer should cite for "No Operator's License", unless circumstances warrant a physical arrest in accordance with General Orders §1.2.4, and §74.3.1, and the Code of Virginia, §19.2-74. 3. If the violator is driving while on a suspended or revoked license in Virginia, the officer should cite for "Driving while Suspended or Revoked". If the violator is driving while suspended or revoked in another state and has no status in Virginia, the officer should cite for "No Operator's License". If circumstances warrant, a physical arrest may be executed for either of the preceding incidents, in accordance with General Orders §1.2.5, and §74.3.1, and the Code of Virginia, §19.2.74. 4. If it is determined that the violator is suspended, revoked, or has no operator's license they shall not be allowed to drive from the location of the stop, and other arrangements should be made. Unless the driver is incarcerated, the violator's vehicle need not be towed if it is legally parked or on private property. 5. If there is doubt about the correct status of a license, a suspension or a revocation, and verification cannot be gained within a short period of time, officers should release the violator. A summons from a magistrate may be obtained when confirmation is received at a later time. Herndon Police Department
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E. Pedestrian and Bicycle Traffic Enforcement Officers will take appropriate enforcement action when and where pedestrian and bicycle traffic law violations are observed. Enforcement actions should be commensurate with pedestrian and bicycle collision occurrences as determined through analysis of collision reports. 1. Pedestrian Enforcement Enforcement of traffic laws pertaining to pedestrians necessitates broad discretion from officers. To provide guidance in this discretion the following procedures are established: a. Prior to any increase in the enforcement effort directed toward pedestrian traffic, sufficient publicity and community awareness campaigns will be conducted by the Traffic Section supervisor; b. Officers will concentrate their efforts on pedestrian violations in those areas where collisions involving pedestrians have been frequent or severe; c. In the enforcement of pedestrian traffic laws, the spirit of the law shall supersede the letter of the law and application should be made accordingly. 2. Bicycle Enforcement Enforcement of traffic laws pertaining to bicyclists has become increasingly more important due to the use of the bicycle as a major means of transportation and exercise. Officers must enforce these laws to ensure the safe operation of bicycles. To provide guidance in the enforcement of these laws the following procedures are established: a. In areas where traffic congestion and the frequency of traffic collisions involving bicycles is predominant, laws pertaining to the proper operation of bicycles will be strictly enforced; b. On roads with a substantial flow of vehicular traffic and where hazardous moving violations are observed involving bicycles, the applicable laws should be enforced; c. In areas where traffic flow is minimal, visibility is unobstructed, and traffic collisions are few, officers should exercise discretion when enforcing laws pertaining to bicycle operation; d. Officers should be less tolerant with adult offenders who should be aware of the hazards inherent in the unsafe operation of bicycles. Officers should be more lenient in the enforcement of the law and more Herndon Police Department
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instructive with youthful offenders, who may not be fully aware of the consequences associated with the unsafe operation of bicycles; e. A member of the community resource team will be responsible for conducting bicycle safety and pedestrian safety courses throughout the community.
F. Off-Road Vehicle Enforcement 1. When investigating the use of off-road vehicles on private property, attempts will be made to contact the property owner to determine if permission has been given to the operators of the vehicles using the property. If permission has not been granted, the operators will cease the activity. Operators should be advised to keep written permission with them including the name and telephone number of the property owner. If a violation of the statutes pertaining to reckless driving, hit and run, DWI, or destruction of property is committed by the operator of an off- road vehicle on private property, officers may take enforcement action. If an off- road vehicle is observed by an officer being operated in a public park, the Town Code of Ordinances, Chapter 50, shall be enforced. 2. Operators of off-road vehicles driven upon a public road are required to comply with all motor vehicle laws and ordinances. 3. Towing of off-road vehicles will be in accordance with General order §61.4.3. 4. Collision investigations of off-road vehicles on private property will be conducted if there is an injury or death, if DWI was a factor, or if there was a hit and run. For all other cases involving off-road vehicles the involved parties will exchange information.
G. Violations Resulting in Traffic Collisions Officers shall investigate collisions on public property to determine the causative factors. When evidence exists to satisfy all the elements of a violation, enforcement action should be taken. Officers shall investigate collisions on private property to determine if a violation of reckless driving, hit and run, DWI or any criminal law violations were causative factors. When evidence exists to satisfy all the elements of one of these preceding violations, enforcement action should be taken. In cases where officers do not have sufficient evidence to charge, they shall still document the violation in their report.
61.1.6 Enforcement Practices and Road-checks A. The Department operates on the principle that the most effective deterrent to traffic law violations is visible patrol utilizing marked vehicles. Prevention and voluntary objectives of the Department's traffic law enforcement efforts, with apprehension and enforcement Herndon Police Department
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are utilized as secondary means. All patrol officers shall handle these duties along with their normal workload. Patrol vehicles will be operated in accordance with existing laws and in such a manner as to demonstrate exemplary driving behavior. In areas where a fixed post observation is necessary to maximize the effectiveness of a traffic enforcement effort, officers will normally park in a conspicuous location in such a manner as to not impede the flow of traffic. The use of a covert location and an unmarked vehicle may be unfavorably perceived by the public, but in certain circumstances may be the only effective means to address a particular problem. Unmarked vehicles for traffic enforcement will be utilized only with a supervisor's approval. All unmarked vehicles used for traffic enforcement shall be equipped with emergency lights and siren.
B. Road-checks The Supreme Court has held that officers stopping vehicles at road-checks operate under an explicit plan or practice that employs neutral criteria and adequately constrains officer discretion. Therefore, the following Department policy has been developed. 1. Supervisor Responsibilities Supervisors will submit recommendations for road-check sites to the Field Operations Division commander. Road-check sites will be selected using the following criteria: a. Sites should have adequate visibility to provide safety to approaching motorists and officers conducting the checkpoint; b. Sites should have adequate space available to park the police vehicles and allow motorists to be pulled out of the traffic flow; c. Sites should be designated and approved for a specific time frame. Factors for consideration would be lighting conditions and traffic volume. 2. Upon approval by the Field Operations Division commander, supervisors shall coordinate assignments in accordance with the following criteria: a. The supervisor shall establish the criteria for stopping and checking vehicles passing through the checkpoint; e.g., every third, every fifth vehicle, etc. Screening procedures may be varied, upon supervisory approval, during the course of the checkpoint, depending on the number of officers available and the amount of traffic; b. The supervisor shall periodically monitor checkpoints to ensure that the operation is in accordance with General Orders. 3. Officer Responsibilities a. Officers shall not conduct road-checks without the approval of their supervisor. Herndon Police Department
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b. Vehicle stops based on reasonable and articulable suspicions, such as expired Town tags, state vehicle registrations and inspections, may be utilized at road-checks with supervisory approval. c. Officers on a road-check detail are responsible for assuring that all necessary precautions are taken to afford the highest degree of safety to officers and motorists. d. Patrol vehicles should be parked to provide protection to the officers and high visibility to approaching motorists. e. Officers shall be in uniform and shall wear the traffic safety vest. f. When appropriate, officers will advise the driver of the purpose of the stop. Officers may utilize discretion in issuing citations. g. Violators should stay in their vehicle. If a violator continues to approach an officer after being ordered back to their vehicle, the officer should be prepared to take evasive action. h. Consider weapon readiness on every stop. i. When approaching a violator's vehicle, officers should watch the occupant, check for altered license plates, check the trunk to see that it is closed and locked, and inspect the interior for possible weapons or hidden passengers. Officers should avoid passing between the lights of the police vehicle and the violator's vehicle. j. Stand beside the violator's vehicle as closely as possible, and to the rear of the driver when conversing. Always watch for any passengers. k. Keep a constant view of the violator's hands. Officers should have the violator reach outside, instead of the officer reaching inside. Officers should take the driver's license and registration with their non-gun hand.
4. During the stop: a. Check the violator and vehicle for validity, status, wants or warrants; b. The officer should prepare the summons in a manner that permits surveillance of movement of the violator or the vehicle. Do not focus completely on the summons. 5. Re-contacting the driver a. When returning to the violator's vehicle, look for any changes within the vehicle; b. Allow the violator's vehicle to reenter traffic first; Herndon Police Department
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c. Turn off all emergency equipment as soon as practical when reentering traffic.
61.1.7 Traffic Stops A. The Supreme Court has held that before making traffic stops officers must be able and prepared to articulate both to the person(s) stopped, and in court, reasonable suspicion of a possible violation of law. Therefore, random traffic stops shall be made only in accordance with the following Department policy: 1. Officers shall make random traffic stops only when they are able and prepared to articulate at least a reasonable suspicion that criminal activity or a traffic violation has occurred or is occurring. 2. Upon stopping a vehicle for a traffic violation, officers need not issue a citation in all circumstances. 3. Officers should be ready and willing to provide motorists with an explanation as to why they have been stopped. 4. In circumstances where the vehicle stop is made in regards to suspicion of criminal activity, the officer shall document such information in their field notebook when no arrest is made. Such documentation will include, but is not limited to, the following: a. Time the stop began and ended; b. Location of the stop; c. Reason(s) for the stop; d. Vehicle operator and occupants, if applicable; e. Vehicle description. 5. Initiating the Stop: a. Choose a stop location that is safe by avoiding curves, hill crests, and intersections. Consider whether adequate cover is available should its use become necessary; b. Notify the Communications Section of the violator's vehicle registration displayed, including state and year, and the location of the stop. Officers shall ensure that the Communications Section has this information prior to any contact with the violator; c. Activate emergency lights, use horn and/or the siren if needed, to alert the violator to stop; d. Position the police vehicle about 15 feet behind the violator's vehicle and offset to the left about 3 feet towards the traffic lane if practical; e. Observe the occupants of the stopped vehicle for 10-15 seconds for any unusual movement before exiting the police vehicle; Herndon Police Department
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f. If necessary, high headlight beam, spotlights, or alley lights may be used to improve visibility inside the violator's vehicle or to conceal the officer's movements.
B. High Risk Stops All traffic stops pose unknown risks and officers should exercise extreme caution in all stops. High risk stops involve advanced knowledge or reasonable cause that would indicate an increased level of threat for officers or citizens. Sworn personnel are provided training to identify circumstances in which high risk stop techniques are deployed. Officers shall be governed by law, training, and experience when determining when and how to perform unknown risk and high risk vehicle stops.
61.1.8 Summons Issuance Procedures A. Traffic enforcement is a routine police task that for the violator is frequently an emotional experience. Officers must exercise an understanding of human relations and be flexible in dealing with these citizens. Officers should strive to make each contact educational, and leave the violator with the impression that the officer has performed a necessary task in a professional and friendly manner.
B. Officers have two objectives on each traffic stop. The first is to take appropriate enforcement action and the second is to favorably alter the violator's future driving behavior. To minimize conflict between the officer and the violator, the following procedures shall be used as a guide in the issuance of a summons: 1. Be alert at all times for the unexpected, but not be obviously apprehensive; 2. Be certain that the observation of the violation was accurate without reservation; 3. Present a professional image in dress, grooming, language, bearing and emotional stability; 4. Be prepared for the contact by having the necessary equipment and forms immediately available; 5. Decide on the appropriate enforcement action based upon the violator's behavior, not attitude; 6. Greet the violator with appropriate title and in a courteous manner; 7. Inform the violator of the violation of law that was observed and the intended enforcement action. The violator should not be kept in suspense; 8. Ask for and accept the violator's driver's license and registration; 9. If the driver has no driver's license, seek and obtain other appropriate identification; 10. Allow the violator to reasonably discuss the violation; Herndon Police Department
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11. Complete the forms required of the enforcement action taken or exercise a verbal warning; 12. Explain to the violator the action taken and the options that the violator may exercise in response to the enforcement action; 13. Explain to the violator the date, time and location of any mandatory court appearances. If a court appearance is not required, explain any alternatives to the violator. Do not quote the prepaid fee schedule. Officers may provide the driver with the court-approved list of fines. Do not predict the actions of the court, but refer questions about appearances directly to the court; 14. Be alert to signs of emotional distress shown by the violator. If distress is present, officers should repeat any needed instructions and encourage the violator to calm down before driving again; 15. Return the violator's documents with the copy of the summons or warning issued; 16. Assist the violator in safely re-entering the traffic flow; 17. Do not follow the violator.
61.1.9 Speed Measuring Devices/Use of Radar A. The Herndon Police Department will utilize radar equipment to: 1. Reduce traffic collisions at specific locations where the cause of the collisions may be attributed to excessive speed; 2. Reduce speeding at specific locations that have been identified through citizen complaints; 3. Reduce speeding at specific locations when identified by officers having knowledge of violations that may cause a hazard.
B. Radar equipment use shall comply with the Code of Virginia, §2.2-1112, and §46.2-882. The following procedures shall apply: 1. Squad supervisors may authorize the use of radar in conjunction with the preceding policy. Supervisors shall periodically monitor the operation of radar for the purpose of ensuring compliance with Department standards; 2. Working radar at the foot of a grade shall not be a standard practice. If complaints are received from citizens or if accidents have occurred which can be attributed to excessive speed, an on-site inspection shall be conducted by a supervisor prior to the use of radar; 3. Radar units shall only be operated by officers that have successfully completed an approved 40-hour radar operator's course. Officers who have not completed an approved course may make radar arrests under the direction of a certified operator; Herndon Police Department
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4. Supervisors shall ensure the use of radar is accomplished without affecting the availability of personnel for minimum patrol needs and services rendered to the community. Under normal circumstances, there will be no more than two units at the radar set; 5. No motorist shall be cited when utilizing radar for violations under 10 mph beyond the posted speed limit. Tolerance levels under the minimum may only be set by the Chief of Police based upon circumstances of a specific location.
C. Radar Equipment 1. All radar equipment used for enforcement purposes shall meet or exceed DOT/NHTSA standards for traffic radar. 2. The calibration of any speed measuring devices shall be in accordance with Virginia State Code §46.2-882. All radar sets will be taken to the Traffic Section supervisor when in need of service or repair. 3. Any calibration certifications shall be forwarded to the Traffic Section supervisor who will maintain a current and accurate file for court purposes.
61.1.10 DWI Enforcement A. Motorists impaired by alcohol or drugs pose a serious threat to the safety of the motoring public. A comprehensive, coordinated, and continuing effort by all members of the Herndon Police Department involving education, enforcement, adjudication, and public support is essential in combating the drunk-driving problem. All officers shall make an intense effort to detect and arrest the drunk driver. 1. Officers shall be alert for signs of alcohol or drug impairment in all contacts with motorists. After initial examination at the scene of a traffic contact and upon the determination that probable cause to arrest exists, officers shall effect a physical arrest of the subject. 2. Chemical tests will be performed in accordance with the Code of Virginia. §18.2- 266-269, and Town Code 42-3, Department policy, and procedures established by the Fairfax County General District Court. 3. Officers must realize chemical tests are supplemental tools and a refusal to submit to a chemical test will not constitute cause to issue a summons for a lesser violation. 4. All supervisors will ensure that officers under their command are familiar with all aspects of DWI detection, field sobriety testing, and DWI prosecution.
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B. Education is an important element in combating the drunk-driving problem. The Crime Prevention Officer has the primary responsibility for DWI and driver safety awareness programs for schools and other civic organizations.
61.1.11 DWI Arrests A. The detection and arrest of drunk drivers differs from that of other traffic law violators. There are specific legal limits of drug or alcohol intoxication, and the law is specific with regards to the implied consent statute, and for guidelines regarding chemical tests. These laws in the Code of Virginia, §18.2-266-269, outline the officer's scope of authority and establish procedures for detection, arrest, and processing of an intoxicated driver.
B. Detection is the first step in DWI enforcement. This is when an officer establishes probable cause to arrest. Detection includes: 1. Recognizing and identifying specific driving behaviors that signify the driver may be impaired by alcohol or drugs; 2. Recognizing and identifying specific behavior occurring during traffic stops that provide evidence or suspicion that the driver may be intoxicated; 3. Documenting all observations, which lead the officer to believe that the driver may be intoxicated; 4. The use of caution when pursuing an intoxicated driver and always being alert for unpredictable reactions; 5. Avoiding prolonged pursuit and apprehending as soon as possible in a safe location; 6. Notifying the Communications Section of the vehicle description, location stopped and whether assistance is needed; 7. Approaching the vehicle with caution and obtaining appropriate documentation; 8. Interviewing the driver and passengers; 9. Having the driver exit the vehicle and move to a safe location where field sobriety tests may be conducted; 10. Administering appropriate field sobriety tests to assess impairment of the driver; 11. Not allowing the driver to move the vehicle once the driver is judged impaired; 12. Formulating appropriate arrest decisions based on the evidence accumulated. Test results and driving behavior should be collectively weighed in the decision to arrest. The driver may refuse the field sobriety tests. Officers may arrest solely on the basis of driving behavior and personal contact with the driver.
C. Arrest and Processing If the officer has satisfied the elements of a DWI violation, a physical arrest shall be made. Herndon Police Department
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1. The subject shall be handcuffed and searched. 2. The subject's vehicle may be released to a responsible party with the owner's approval or towed in accordance with General Order §61.4.3. 3. Inform the subject of their rights and responsibilities pursuant to §18.2-268.2. 4. Inform the subject of the evidential breath test and/or blood test and explain the procedures involved. To conduct the breath test to determine blood alcohol content, the subject will be transported to the police facility or jail where a state certified breathalyzer operator will perform the test. If the subject is physically unable to submit to a breath test, or a breath test is not available, a blood test shall be administered to determine the drug or both drug and alcohol blood content, and the subject will be transported to the police facility, jail, or hospital where a court-approved blood technician, a licensed physician, or a licensed nurse may withdraw blood for testing 5. If a breath test is performed and the results are below the level of consumption by law, the officer may request a blood test if the officer has reasonable suspicion that the subject may test for a positive known specific narcotic drug. If the results show a blood alcohol content of 0.08 percent or more by weight by volume, the officer shall proceed according to the Code of Virginia, §46.2-391.2, for the administrative suspension of the subject's license. 6. If a blood test is administered, the blood sample withdrawn shall be placed in approved vials, sealed and appropriate forms completed by the person taking the sample. The arresting officer shall take possession of the sealed vials and forms and place in an approved container to be mailed to the Department of Forensic Science for analysis. 7. If the subject refuses to submit to a chemical test, the officer shall advise the subject of requirements of implied consent pursuant to §18.2-268.2. If the subject further refuses to submit to a chemical test, the arresting officer shall then have probable cause for the magistrate to issue a warrant for unreasonable refusal. The officer shall also proceed according to the Code of Virginia, §46.2-391.2, for the administrative suspension of the subject's license.
61.1.12 Reexamination of Motorists Routine traffic enforcement and collision investigation activities may lead to the discovery of motorists that suffer from a physical or mental disability, disease, or similar condition, which may prevent the motorist from exercising reasonable care over a motor vehicle. Officers detecting such a person shall notify the Medical Unit of the Driver Monitoring Division of the Department of Motor Vehicles to request a reexamination. Officers will make the request by completing a "Driver Review Request" form, provided by the Department of Motor Vehicles, and mailing the Herndon Police Department
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61.1.13 Parking Violations A. Officers shall be familiar with the parking regulations in the Town of Herndon. Special attention should be given to: 1. Any parking violations that obstruct the flow of traffic during peak traffic hours; 2. Any violations of fire lanes that have been approved by the Fairfax County Fire Marshal's office; 3. Any violations on public or private property of appropriately designated handicap parking spaces. 4. Any vehicle that is a traffic hazard. If the owner cannot be located and respond in a timely manner, the vehicle may be towed; 5. Any violations in heavily congested areas, such as the downtown sector and shopping centers. All towing shall be in accordance with policy.
B. Officers shall be familiar with parking enforcement and regulations upon private property within the Town of Herndon. In accordance with Virginia Code section 46.2- 102 and 46.2-752, upon written authorization of the private property owner or its designee, officers shall have the authority to enforce state, county, city or town motor vehicle registration and licensing requirements. Authorization of traffic code enforcement will remain in effect for each respective private property until withdrawn by the property owner or its designee. Written authorization forms for traffic code enforcement upon private property shall be maintained by the Communications Section.
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SECTION CONTENTS
61.2 TRAFFIC COLLISION INVESTIGATION 61.2.2 Officer Response 61.2.3 Officer Responsibilities 61.2.4 Follow-up Investigation
61.3 TRAFFIC DIRECTION AND CONTROL 61.3.1 Engineering Complaints 61.3.2 Traffic Control 61.3.6 Traffic Safety Planning
61.4 ANCILLARY SERVICES 61.4.1 Assistance to Motorists 61.4.2 Hazardous Road Conditions 61.4.3 Abandoned Vehicles, Tow Policy, Towing Records 61.4.4 Traffic Safety Educational Material
61.2 TRAFFIC COLLISION INVESTIGATION
61.2.2 Officer Response A. Officers will respond to and assist at all traffic collisions, both on private or public property, to aid the injured, identify the operators, and assist all parties involved.
B. During inclement weather and poor road conditions, the investigation of accidents may be curtailed; however, such action shall not include collisions involving personal injury or significant property damage. Authority to implement this action shall rest with the Field Operations Division commander. Communications Section personnel will respond to citizen's requests by informing them of the present operating procedure and by instructing the citizens to exchange necessary information. The media will be advised of this when they inquire as to the road and traffic conditions.
61.2.3 Officer Responsibilities A. The following is a chronologically correct procedure for responding to, arriving at and beginning the investigation of a traffic collision. 1. Arrive on the scene quickly and safely.
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2. Park the police vehicle in a manner to protect the scene, preserve evidence and protect the public. Do not create an additional hazard. Emergency lights will be activated while the police vehicle is parked on the roadway. Vehicle headlights should be turned off in most cases to prevent interference with other traffic and reduce the electrical load on the police vehicle. 3. Check for injuries, fire hazards, hazardous materials and other dangers. Officers who arrive at the scene of an accident with a personal injury shall summon assistance immediately. A second officer may be requested, if needed. Immediate first aid should be given to any victim with serious bleeding. Victims complaining of back or neck injury should only be moved by rescue personnel unless conditions at the scene are life threatening to the victim. When rescue personnel arrive, officers will provide assistance as requested. 4. If a fire exists at the scene or if there is potential for fire, officers shall immediately summon the Fire Department. All persons in the immediate area should be evacuated and any injured victims should be assisted in evacuating. Officers shall then isolate the area to prevent unauthorized persons from entering. 5. Officers should be aware that any accident involving a cargo vehicle is a potential hazardous material incident. When there is a question whether material at a collision scene may be hazardous, officers shall avoid contact with the material and will keep others from contact with the material. The Fire Department will be requested to identify any possible hazardous materials. Officers shall operate in accordance with subsection D. of this order when dealing with a hazardous material incident. 6. Preserve evidence that may be short-lived. 7. Establish traffic control around the scene. As soon as practical, remove vehicles from the roadway to a safe location. This will alleviate the possibility of causing other collisions and relieve traffic congestion. The use of highway flares to assist motorists should be considered at all collisions. 8. Identify operators and witnesses. Record statements and ensure a proper exchange of information is conducted between operators. 9. Request a tow truck if damage to the vehicles will not allow them to be driven from the scene. 10. Check to be sure all information has been obtained regarding operators' licenses, registrations and insurance companies. 11. Issue appropriate summonses and subpoenas.
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12. Investigate the scene by recording damages of vehicles, taking photographs, making sketches, and taking measurements when needed. 13. Ensure the roadway is clear of debris before leaving the scene. The responding town truck operator is required to clear the scene prior to leaving.
B. Officers will be assigned to investigate collisions by the Communications Section based on their assigned patrol area. The officer assigned to investigate a collision will be in charge at the collision scene until relieved by a supervisor.
C. The Traffic Section supervisor oversees the Department’s Accident Reconstruction Unit. The Traffic Section supervisor will ensure that necessary training and retraining is completed, that necessary equipment is available, and that the Department’s Traffic Homicide Investigation Manual, and related guidelines and policies, are periodically reviewed and updated. Certified traffic accident specialists are assigned to the section to conduct investigations into fatal and critical injury collisions, critical injury hit and run collisions, serious injury commercial carrier collisions, or any serious injury Town vehicle collision. The Traffic Section supervisor maintains a list of certified investigators.
D. A supervisor may request a Department certified investigator in the event of a traffic collision involving injury where death is probable. A certified investigator may also be summoned where there is critical injury associated with a hit and run, where there is critical injury resulting from a commercial carrier collision, or where there is serious injury resulting from a Town vehicle collision. The investigator responding to such an incident shall report to the Traffic Section supervisor, and shall be responsible for all aspects of the investigation.
E. In instances where a Department investigator is not available, a squad supervisor may request a Fairfax County Accident Reconstruction Unit to investigate collisions meeting criteria listed in this order. In such cases, the Fairfax County unit will be in charge of the scene upon their arrival. Herndon officers will provide whatever assistance is needed to ensure a copy of the Fairfax County report is obtained for the Herndon Police files.
F. Hazardous Materials 1. Hazardous material is defined as any element, compound, or combination which is flammable, corrosive, explosive, toxic, radioactive, an oxidizer, or is
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highly reactive and may have a detrimental effect to emergency personnel, the general public, equipment, or the environment. 2. A collision or spill involving a hazardous material presents a serious threat to the health and safety of the general public. The first officers on the scene are frequently the most vulnerable and should adhere to the following procedures: a. Request Fairfax County Fire and Rescue Department; b. Prepare to evacuate the immediate area, staying clear of all spills, vapors, fumes and smoke. Do not assume that gases or vapors are harmless because of lack of odor; c. Isolate the hazard and maintain surveillance of the area in a position upwind from the material; d. Regulate traffic and monitor crowd control to allow the Fairfax County Fire and Rescue Department Hazardous Material Team to handle the control and removal of the hazardous material; e. At the direction of the Fairfax County Fire and Rescue Department, assist with any evacuation. 3. If an employee is exposed to a hazardous material the employee will notify their supervisor immediately. The supervisor will report the exposure following the guidelines for reporting employee injuries. The employee shall receive a medical evaluation under the following conditions: a. When the employee is exposed to a hazardous substance with concentration levels that are above the permissible exposure levels as determined by the Fairfax County Fire and Rescue Department; b. When the employee is injured due to exposure to a hazardous substance; c. When the employee suffers symptoms from exposure to hazardous materials such as dizziness, rashes, nausea or headaches.
G. Property Safekeeping The investigating officer at the scene of a collision shall ensure that personal property belonging to a collision victim is protected from theft and is removed to a place of safekeeping if the owner is unable to care for it. When an injured person is removed from an accident scene, and their vehicle must be towed, procedures in General Order §61.4.3 shall be followed.
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61.2.4 Follow-up Investigation A. Collision investigation follow-up is the responsibility of the investigating officer. The officer shall notify their supervisor and arrange for the collection of scene data, vehicle safety inspections, obtaining recorded formal witness statements, reconstruction of collisions and the preparation of formal reports to support any charges made from the investigation.
B. Should technical assistance beyond the capabilities of the Department's personnel be needed, any supervisor may request assistance from the Fairfax County Accident Reconstruction Unit. Any further technical assistance would be summoned by the Accident Reconstruction Unit.
61.3 TRAFFIC DIRECTION AND CONTROL
61.3.1 Engineering Complaints A. Officers that become aware of possible traffic engineering deficiencies shall conduct an investigation and report by HP 915 (DPW Notification) any authenticated complaints or suggestions. The HP 915 shall go through the Chief of Police to the Director of DPW.
B. The Traffic Section supervisor shall send annual collision analysis reports to the Director of Public Works through the Chief of Police. These reports shall note possible engineering problems and detail causative factors of traffic collisions. When a fatal or serious traffic collision occurs, the Traffic Section supervisor shall notify the Director of Public Works on the following business day.
61.3.2 Traffic Control A. At traffic collision scenes, officers will utilize the police vehicle's emergency lights, traffic cones, flares, and other appropriate warning devices to protect the scene and alert approaching traffic. Officers shall wear their hats and traffic vests while outside of their vehicle at traffic collision scenes. The scene should be cleared of vehicles and debris as soon as possible by the investigating officer. Once cleared, the officer shall promptly remove flares, traffic cones, and other warning devices that were used to protect the scene.
B. If damage exists which will require that a roadway be closed for an extended period, officers shall request that the Department of Public Works provide barricades or other traffic control devices.
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C. Traffic direction will be in accordance with the Code of Virginia, §46.2-1309, as follows: 1. To stop traffic by hand, stand with shoulders parallel to moving traffic, raise arms 45 degrees above shoulders with hand extended, and palm towards moving traffic to be stopped; 2. To move traffic by hand, stand with shoulders parallel to traffic to be moved, extend right arm and hand full length at height of shoulders towards such traffic, fingers extended and joined, and palm down, bring hand sharply indirection traffic is to move, repeat movement with left arm and hand to start traffic from opposite direction; 3. To stop and start traffic by whistle, one blast signals moving traffic to stop, and two blasts signal traffic in opposite direction to move; 4. To make an emergency stop of traffic by whistle, three or more blasts signal all traffic to immediately clear the intersection and stop.
D. Officers shall utilize the following equipment while directing traffic: 1. High visibility traffic vest; 2. Police whistle for audible signaling; 3. Uniform hat; 4. Flares to illuminate hand movements during darkness; 5. Flares or traffic cones to designate the officer's position in the roadway if deemed necessary by the officer.
E. The squad supervisor, at his or her discretion, may order that a traffic signal be manually operated by an officer whenever the traffic signal is malfunctioning, or to facilitate the movement of traffic during a collision or emergency, or to provide a thoroughfare for a motorcade, or to relieve a heavy concentration of traffic. Supervisors shall be responsible for familiarization training for their officers prior to assigning them a traffic signal to operate. Traffic signals may only be placed in the flash mode with supervisory approval.
F. Temporary traffic control devices will be used for prescheduled events or in emergencies. The devices will normally be placed by the Department of Public Works at the direction of the squad supervisor. Temporary traffic control devices may include wooden barricades, detour signs and other descriptive signs, traffic cones, flares, or police vehicles. Officers shall constantly check on the condition of
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the location to ensure there is no deterioration of safety. Devices should be removed as soon as possible.
G. Officers who arrive on the scene of a fire prior to the Fire Department will assess the hazards and take action to minimize further threat to life and property. These actions may include evacuating the endangered area and directing traffic.
H. Officers will provide perimeter services to allow unrestricted access to the scene by emergency vehicles and personnel. Unauthorized vehicles and pedestrians will be restricted from entry to the area and from interfering with emergency personnel.
I. Officers will assist the Fire Department in implementing on-site plans. Volunteers arriving in private vehicles will be allowed to park at the edge of the police perimeter unless conditions necessitate otherwise.
J. Adverse road conditions may arise from hazards such as downed power lines or road construction, or from natural causes such as fog, flooding, ice or snow. Officers shall notify the Communications Section immediately of the existence of these types of conditions. Officers shall immediately assess the situation and initiate corrective measures to ensure safety for the motoring public. Corrective measures may include closing roadways, setting up detour routes, or utilizing officers to provide on-scene traffic direction. Additionally, the Department of Public Works and an appropriate utility company would be notified when appropriate.
61.3.6 Traffic Safety Planning The Chief of Police or designated representative, or the Traffic Section supervisor will attend periodic meetings of the Town’s Traffic Engineering and Improvement Committee (TEIC). These meetings include Department of Public Works traffic engineers, and attendees discuss traffic problem areas within the Town to explore ways to promote traffic safety.
61.4 ANCILLARY SERVICES
61.4.1 Assistance to Motorists A. The Department will offer assistance to stranded motorists whenever possible. Officers will help motorists obtain fuel, repairs or towing services.
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B. Officers shall be constantly alert for motorists who appear to need assistance. In an effort to better serve the community, officers shall be familiar with the streets, services and facilities in the Town that would be available to motorists. By offering prompt knowledgeable assistance, the overall hazards to the disabled motorist and the users of the roadway are significantly reduced.
C. When it becomes necessary to tow a vehicle pursuant to this chapter, all requests for tow trucks will be directed through the communications technician. The dispatcher will contact the nearest wrecker service currently under contract with Fairfax County. When requesting a tow truck for a citizen who has a preference for a tow company other than the contract company, the officer should attempt to obtain the phone number for that company from the citizen. If an undue delay in clearing a roadway would be caused by using a non-contract town service, the citizen should be so advised and the nearest available wrecker should be summoned.
D. Officers shall be alert to hazards created by disabled vehicles. These hazards affect stranded motorists and other users of the roadways. Officers shall take action to reduce these threats by safely directing the traffic flow around disabled vehicles and/or transporting stranded motorists to a safe location where assistance may be rendered. When transporting citizens, officers shall give the communications technician their starting and ending mileage. At no time will officers utilize the police car to "jump start" a disabled vehicle.
E. If an officer must leave a disabled motorist, the scene should be rendered safe with flares or warning devices. Officers should periodically check the scene to ensure the condition does not deteriorate. If the scene cannot be made safe due to weather conditions, geographic location, or intensity of traffic, the officer shall stand by until the vehicle is removed.
F. Officers who assist disabled motorists shall remain alert to the following possibilities: 1. The vehicle's occupants are wanted or have been engaged in criminal activity; 2. The vehicle in the possession of the motorist has not been authorized for their use; 3. The vehicle is unsafe to operate; 4. The motorist is not licensed to drive;
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5. The motorist is impaired and is not able to safely operate the vehicle.
G. Officers may assist disabled motorists by obtaining a tow service as outlined in General Order §61.4.3.
H. Officers will render assistance to users of the roadway that are involved in emergency situations. 1. Upon the discovery of a vehicle fire, officers will immediately notify the communications technician of the location, type of vehicle and cargo information if necessary. Fire suppression will be provided by the officer when practical. 2. Upon the discovery of a medical emergency, officers will notify the communications technician of the location, type of emergency and condition of the patient and request fire and rescue to respond. First aid assistance will be provided by the officer after the request for fire and rescue has been acknowledged.
61.4.2 Hazardous Road Conditions A. Hazardous road conditions include but are not limited to: 1. Defects in the road (holes, ruts or dangerous shoulders); 2. Defects in, or lack of, highway safety features, or improper, damaged, destroyed, or visually obstructed traffic or informational signs; 3. Malfunctioning, improperly located, or lack of traffic control devices; 4. Malfunctioning or lack of highway lighting; 5. Natural or man-made obstructions (fallen trees, wires, litter, debris, vehicle parts, or high water); 6. Ice or snow accumulations on road surfaces; 7. Vehicles parked or abandoned that obstruct the roadway.
B. The following are procedures for reporting and correcting hazardous road conditions: 1. When a hazard is identified, and in the officer’s opinion requires immediate correction (such as a fallen tree or electrical wires in the road), the officer will notify dispatch and request the assistance necessary to rectify the situation. The officer will secure the scene and stand by until the area is made safe. 2. If the officer identifies a hazard that the officer can correct, such as a vehicle part in the road, then the officer shall correct it;
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3. When an officer identifies a hazard, which they perceive does not pose an imminent threat to public safety, the officer will complete an HP 915 (DPW Notification). If this occurs during normal business hours, the communications technician will notify DPW by telephone.
61.4.3 Abandoned Vehicles, Tow Policy, Towing Records A. Abandoned Vehicles 1. An officer locating or receiving a complaint of an abandoned vehicle will attempt to have the matter resolved before towing the vehicle by determining that there is no wanted or stolen status on the vehicle, identifying the owner if possible, and attempting to have the vehicle removed by the owner. 2. If the officer is unable to have the abandoned vehicle removed, the following procedure will be followed: a. If the vehicle is parked on public property and lacks a valid license, valid inspection, or valid Town decal, it will be tagged with an HPD 858 (Unattended Vehicle Check). If the vehicle remains unattended after four days, the officer may have it towed. When issuing the HPD 858 (Unattended Vehicle Check) officers shall affix the top portion of the form to the vehicle and submit the bottom portion to the Records Section which details the facts of the investigation; b. If the vehicle is parked on public or private property without the permission of the property owner, the vehicle will be tagged with an HPD 858 (Unattended Vehicle Check). If the vehicle remains unattended after 10 days, the officer may have it towed. 3. The squad supervisor shall be notified by the officer prior to a tow request for an abandoned vehicle. Upon supervisory approval, the officer shall follow procedures set forth in General Order §61.4.1. 4. Abandoned vehicles shall only be towed after all other efforts to have the vehicle removed have been exhausted.
B. Towing Vehicles 1. When a vehicle is towed at the direction of a police officer, the officer shall verify the identification and assess the physical condition of the operator of the vehicle (if applicable). Additionally, the officer shall run the vehicle license and vehicle identification number and be alert for contraband, weapons, or irregularities, which may be in plain view. When a vehicle is
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towed, an officer will remain at the scene to ensure the tow company called is the one that takes the vehicle. Only the vehicle keys will be given to the tow truck driver. All other keys are given to the owner or held for safekeeping by the Department. 2. Officers may direct that a vehicle be towed for one of the following reasons: a. Impounding; b. Seizing.
C. Impoundment - An impoundment is defined as the towing of a vehicle under circumstances where the vehicle may be released to the owner upon payment of towing and storage fees. Vehicles shall be impounded under the following circumstances. 1. Arrest of operator and no other person present can lawfully assume custody of the vehicle with the owner's consent; 2. Vehicle has evidentiary value in and of itself in a criminal investigation and will be released after the case has been brought to a conclusion; 3. Vehicle is abandoned as described in subsection A, of this General Order; 4. Violations of Virginia Code 46.2-301 and/or 46.2-301.1 for driving while license, permit, or privilege to drive is suspended or revoked due to an alcohol related offense; and/or previously convicted of such offense; 5. Vehicle is disabled by a collision or mechanical breakdown, or stopped in the vicinity of a fire, collision, or emergency scene and is a hazard or interference to fire or police personnel; 6. Vehicle obstructs movement on any premises without the owner's permission; 7. Vehicle is unsafe to operate due to mechanical deficiencies such as brakes, steering or tires. 8. Vehicle is Recovered Stolen.
D. Upon the recovery of a stolen vehicle the originating agency will be contacted immediately. Recovered stolen vehicles will be processed at the scene and turned over to the owner or towed by a town service selected by the owner. If the owner cannot be contacted, the vehicle will be towed and financial responsibility will be the owner's. The officer assigned to the case will have the responsibility of notifying the owner of the location of the vehicle and the procedure for claiming it.
E. Impounded vehicles will be processed for evidence prior to a towing request if processing is necessary. If a vehicle needs to be brought to police headquarters for
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processing, approval from the squad supervisor is necessary. After processing, the vehicle shall be released to the owner. All impounded vehicles will be stored by the tow service at their lot, except when the vehicle is held for evidentiary purposes. For evidentiary purposes, impounded vehicles will be stored at the Herndon Police Department lot.
F. Seizures - A seizure is defined as the towing of a vehicle, which is subject to forfeiture to the Commonwealth. All seized vehicles will be stored at the Herndon Police Department lot until final court disposition. An HP 6143 (Vehicle Tow Inventory) shall be completed whenever a vehicle is seized. The original shall be forwarded to the Commonwealth's Attorney and a copy will be sent to the Sheriff of Fairfax County within 24 hours of the seizure. Vehicles may be seized for: 1. Racing on the highway and occupied by owner during the offense; 2. Illegal transportation of alcoholic beverages or transportation of illegal alcohol; 3. Transportation of stolen property valued at $200.00 or more; 4. Being used in connection with the illegal manufacture, sale or distribution of a controlled substance.
G. Inventorying Towed Vehicles 1. The officer towing a vehicle will be responsible for conducting an inventory of the contents of the vehicle. 2. The officer will inventory the vehicle prior to leaving the scene unless the vehicle is being towed to a police facility for processing or storage. Any vehicle towed at an owner's request will not be inventoried. 3. The scope of the inventory shall include the interior of the vehicle and areas that can be entered without the use of force. The glove compartment, console, or trunk is within the scope of the inventory if unlocked or entry can be made with the keys to the vehicle. The inventory shall be conducted in a manner to avoid damage to the vehicle or its contents. All locked containers within the vehicle will only be opened by authority of a search warrant. The inventory is conducted for the following reasons: a. Protection of the owner's property in the vehicle; b. Protection of the officer so that unjustified claims of theft can be prevented. 4. Towing companies under contract with the Town of Herndon are responsible for the vehicle and its contents until released to the owner
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or disposed of by law. Contraband or items with evidentiary value in a criminal investigation shall be removed and processed in accordance with current evidence procedures. Non-evidentiary items discovered during the course of the inventory will normally remain with the vehicle, with the exception of items of personal value or worth, to include currency, jewelry, precious metals, firearms, or handheld personal communication devices, which require removal and processing into property for safe storage. Generally, the officer may remove any item that, in the officer’s opinion, will not be properly protected while at the storage facility. Removed items will be stored in accordance with current procedures for the safekeeping of property.
H. Release of Towed Vehicles Prior to the release of any vehicle, the following conditions must be met: Proof of ownership; Payment of towing and storage fees; Approval by the appropriate police personnel, if applicable; Approval of court personnel, if applicable; An inquiry by a communications technician through NCIC to determine if the vehicle has been reported stolen or is wanted by another agency.
I. Duties of Towing Officer - An HP 6143 (Vehicle Tow Sheet) shall be completed when a tow truck is requested by a police officer. If it is not possible to notify the owner of the location and conditions for release of the vehicle at the time of the tow, the below procedure will be followed: a. The owner's name and address, and names and addresses of all persons with a security interest, will be compiled by the towing officer. This information can be obtained through DMV; b. The officer's supervisor will ensure the list and the motorist's copy of the HP 6143 (Vehicle Tow Sheet) are forwarded to Records Section prior to the end of the tour of duty; c. Records personnel will mail the HP 6143 (Vehicle Tow Sheet) to the registered owner and parties having security interests within 24 hours from when the vehicle was towed (excluding Saturday, Sunday or holidays); d. The original HP 6143 (Vehicle Tow Sheet) will be filed with the Records Section.
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e. The officer shall complete an HP817 (NCIC and VCIN Request), which along with a copy of the HP 6143, will be provided to the Communications Section to have the vehicle entered as a stored vehicle in VCIN.
J. An HP 6143 (Vehicle Tow Sheet) shall be completed whenever a vehicle is towed from private property at the direction of a police officer. The form shall contain as complete a description of the vehicle as possible, including license and vehicle identification number, and be signed by the private property owner or lessee. The HP 6143 (Vehicle Tow Sheet) shall be submitted along with the case file to the Records Section.
K. A copy of the HP 6143 (Vehicle Tow Sheet) shall be forwarded to the Public Information Officer when the registered owner of a towed vehicle cannot be determined. The Public Information Officer shall distribute the vehicle information to local media for publication.
L. Duties of the Chief of Police 1. The notice to the owner (HP 6143, Vehicle Tow Sheet) informs owners of their rights under the law. An owner of a towed vehicle has 21 days from the date of notice to request a hearing to determine the propriety of the removal of the vehicle. The request must be mailed or delivered directly to the Chief of Police. Upon request, the Chief of Police will contact the owner within 24 hours, (excluding Saturdays, Sundays or holidays) to set a hearing date. 2. The hearing will be conducted by the Chief of Police or designee. The hearing officer shall determine whether there was probable cause to believe that the vehicle was towed in accordance with the law. 3. If the impoundment was proper it will be documented by the hearing officer. The owner will be responsible for all expenses incurred. If the impoundment was other than in accordance with the law, the hearing officer will arrange for the release of the impounded vehicle at no cost to the owner.
61.4.4 Traffic Safety Educational Material The community resource officer will prepare, maintain, coordinate and disseminate traffic safety educational materials for the motoring public. The purpose of this program is to encourage compliance and support for traffic safety enforcement.
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Operations Section 309 Effective Date: February 18, 2021 Page 1 DETAINEE PROCESSING
I. POLICY
The custody, transport, and processing of a detainee will be conducted in a lawful manner that provides for the safety and security of the detainee, officers, and others.
II. TERMINOLOGY
o Detainee - A person in physical custody of sworn personnel, whose freedom is restricted, due to an arrest or an involuntary process based on the apparent need for emergency mental health treatment.
o Arrest Processing – Pre-booking activities of detainees based on a physical arrest (i.e., fingerprinting, photographing, medical screening, and inventory of property, etc.,) prior to the transfer to a detention facility or release from custody.
III. OVERVIEW <71.1.1>
A. Officers shall ensure that detainees are effectively restrained and secured in the custody process until transferred to a detention center or clinical facility.
B. Officers are authorized to conduct breath alcohol testing at the police facility in the Processing Area, Room 128, in conjunction with an arrest and prior to transferring custody; however, detainees will be transported directly to the detention center for arrest processing.
C. The department does not maintain or authorize a temporary detention room.
D. The Processing Area, Room 128, also contains specialized equipment to contact a magistrate by video; however, the video magistrate will NOT be used for detainees.
IV. SECURITY
A. Vehicle Inspection/Search <70.1.2> 1. Officers shall inspect their police vehicle prior to the beginning of each shift to ensure the vehicle is properly operational and appropriately equipped.
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2. Officers shall search police vehicles prior to and after the transport of a detainee to ensure that no weapons, contraband, or personal property is left in the vehicle. Any item found shall be documented and submitted to Property and Evidence.
B. Detainee Searches <70.1.1> 1. The transporting officer shall thoroughly search a detainee for weapons and contraband prior to placing them in the police vehicle and should never assume that the detainee has been previously searched. Searches of detainees should be conducted by an officer of the same gender. If a detainee is the opposite gender of the officer, an officer of the same gender should be requested when available. All searches of detainees should be done in the presence of another officer regardless of gender.
2. Officers shall conduct a search of a detainee each time custody responsibility changes.
C. Restraints During Transport <70.2.1> 1. Officers shall handcuff detainees taken into physical custody. The detainee shall be handcuffed behind their back, with both of their thumbs in the "up" position. Handcuffs shall always be double-locked. Officers may deviate from these procedures with supervisory guidance, after careful consideration of the risks and proper safety measures taken, due to age (young or elderly), injuries, disabilities, or other special circumstances that must be articulated in the incident report or supplement.
2. The use of appropriate restraint devices to shackle a detainee's legs may be utilized when the detainee is combative, is causing damage to the police vehicle, or presents an escape risk. Detainees shall not be restrained to any part of the vehicle during transport.
3. Detainees shall not be restrained and placed on their stomach in the police vehicle; officers shall be familiar with risks associated with positional asphyxia.
D. Escape and Other Security Risks 1. If a detainee is considered an unusual security risk, the officer will request additional resources for transportation to the intended facility and ensure that personnel at the receiving facility are made aware so that appropriate
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precautions can be taken. It is the responsibility of each officer to properly document all information known or encountered that poses a security risk. <70.1.8>
2. In the event of an escape, the transporting officer shall immediately advise Communications to make appropriate notifications, and the officer shall notify a supervisor as soon as practical. Officers shall not pursue the detainee when outside of police radio coverage as a matter of officer safety. The transporting officer shall complete an incident report describing the facts surrounding the escape and all actions taken. <70.1.7a,b,c>
3. Notifications regarding the escape must be made to the lieutenant and/or division commander by the supervisor and will be reviewed in an administrative investigation.
V. TRANSPORTING DETAINEES
A. Detainee Transports 1. Officers shall transport detainees in police vehicles equipped with a safety barrier, unless otherwise approved by a supervisor. The detainee will be seat- belted in the rear seat, opposite the driver’s position, and shall not be transported in the front passenger seat. If a secondary officer is assisting and present in the front passenger seat, the detainee may be seated behind the driver for ease of visual observation. When detainees are transported, officers shall take the most direct route to the intended destination.
2. If a detainee must be transported in a police vehicle without a safety barrier, as authorized by a supervisor, two officers shall be involved in the transport. The detainee shall be seat-belted in a rear seat that allows an accompanying officer to sit beside them with their firearm positioned away from the detainee.
3. If a detainee must be transported by commercial carrier, such as with extraditions, a minimum of two officers will serve as escorts. Escorting officers must be equipped with adequate restraining devices should the detainee become unruly. All detainees should be considered dangerous and shall always remain in visual custody during the transport. Escort officers shall notify representatives of the carrier of their presence and their mission
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and must carry their badge and identification credentials for this purpose. <70.2.1>
4. Juvenile detainees shall not be transported with adult detainees. Whenever possible, female officers should accompany female juvenile detainees.
5. If officers are transporting multiple detainees, officers may do so only if the detainees are of the same gender.
6. The primary responsibility of a transporting officer is the secure delivery of the detainee. Transporting officers should not engage in other law enforcement incidents while transporting detainees and shall only intervene in such incidents under exigent circumstances.
7. Transporting officers shall maintain visual observation of a detainee in their custody and must take appropriate measures to prevent escape during vehicle stops, restroom breaks, etc.
8. Detainees will not be permitted means to communicate with anyone during the transport.
9. In the event of a lengthy transport when a detainee needs a bathroom break outside of Fairfax County, officers shall seek a location such as a law enforcement facility (jail, police department, etc.) in the interest of public safety.
B. Transfer of Custody Transporting officers will follow the receiving detention facility’s procedures when transferring custody, to include the following:
1. Firearms will be secured in a designated weapons box at the receiving facility; <70.1.6a>
2. Restraints will only be removed as instructed by the receiving official; <70.1.6b>
3. The transporting officer will be responsible for ensuring all necessary documentation is properly submitted and received with the transfer of custody; <70.1.6c,e>
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4. The transporting officer will be responsible for advising the receiving facility of any special concerns or medical or security risks associated with the detainee. <70.1.6d>
VI. SPECIAL SITUATIONS
Physically sick, frail, injured, or disabled detainees may require special care and discretion during transport. Officers shall attempt to complete the transport in a manner that is appropriate and safe for the detainee and the officer. Supervisory guidance should be sought when deviating from restraint protocols based on the physical condition of the detainee.
A. Medical Aid 1. Officers shall ensure that appropriate medical aid is sought for detainees who are obviously sick or injured, allege a sickness or injury, or request medical attention. Any detainee that is injured or becomes sick, prior to, during, or after being taken into custody, will be offered prompt medical treatment. Officers shall notify their supervisor immediately when medical treatment is necessary. Medical attention, if needed, shall be sought before transporting the detainee to the detention facility.
2. In emergency situations, rescue services should be called.
3. In non-emergency situations, and if medical clearance is necessary, the officer must obtain medical treatment and remain with the detainee until custody is transferred. Caution shall be taken to ensure that the detainee is isolated from others and is never left unattended. If the detainee must be admitted to a medical facility, officers shall notify their supervisor immediately. In the event that the detainee is admitted to a medical facility, officers shall notify medical staff that visitation and release of the detainee’s name is prohibited due to safety concerns. Officers shall not interfere with meals offered but shall screen meals and request plastic utensils if necessary.
4. Officers will remove restraints only when it is deemed necessary under exigent circumstances (i.e., for the provision of medical care). If medical staff requests the removal of restraints, officers shall then request that the detainee be restrained in some manner. If medical staff requires the removal of all restraints, a second officer shall be present while the detainee is unrestrained. The squad supervisor shall arrange a schedule for constant
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monitoring of the detainee, if necessary, which could include requesting Fairfax County police or Fairfax County Sheriffs’ deputies to assist with this coverage. The primary officer shall be responsible for the security of the detainee until custody is transferred. The removal of restraints while in police custody shall be documented in the incident report or supplement.
B. Sick, Injured, Disabled Detainees 1. The use of restraints should not be used on a detainee if restraints would further compound an illness, injury or disablement. However, if a detainee’s behavior is such that restraints are necessary, then the officer shall notify their supervisor and request assistance as soon as possible.
2. Officers shall immediately notify their supervisor when any detainee is injured prior to, during, or after being taken into custody. The supervisor shall investigate the circumstances of the injury and report their findings in a supplemental report. The investigation should include an interview of the detainee. Injuries resulting from a use of force shall be handled in accordance with Use of Force reporting procedures.
3. When physically disabled detainees are transported, the use of restraints will be a matter of officer discretion. Officers shall immediately notify their supervisor if the individual is handicapped and document the occurrence and action taken. Factors to consider in the use of restraints on such individuals include: the seriousness of the offense, the circumstances of custody, and the ability to conduct a thorough search prior to transport. It should not be assumed that disabled detainees do not pose a threat or that restraining devices are not needed. If the situation indicates that failure to use restraining devices may jeopardize the safety of anyone, restraints should be used. Also, if alternate transportation is needed to accommodate the disablement, arrangements should be sought.
VII. DETAINEE TESTING
A. The Processing Area, Room 128, in the police facility is designated for breath alcohol testing of persons under arrest and charged with an alcohol offense. A detainee may be brought to the police facility for the test, and upon completion, will be immediately transported to an appropriate detention facility. If a test cannot be completed effectively or safely at the police facility, the officer responsible for custody shall stop the test and proceed directly to the detention
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facility. Refer to the “Breath Alcohol Testing Procedures” SOP for completing breath alcohol tests.
B. Detainees exhibiting signs or symptoms of an emotionally disturbed person should not be brought to the police facility unless an alcohol breath test is required due to an arrest, and the supervisor has been consulted to determine if the test can be safely administered. Refer to the GO “Encounters with Emotionally Disturbed Persons” for specific guidance on handling such detainees.
C. When conducting breath alcohol testing at the police facility, appropriate safety measures shall be exercised, as follows:
1. The area will immediately be restricted to sworn personnel and the arrestee only. During this time, the arrestee must be under constant physical supervision. <71.3.3c>
2. Officers shall notify Communications of the reason, date/time in and out, that an arrestee is being brought into the police facility by entry through the sally port. Communications personnel shall monitor the cameras until testing is completed and document the activity in CAD.
3. Officers shall secure all weapons in an appropriate weapons locker prior to any testing. <71.3.3a>
4. Arrestees must have been searched prior to transport and any time custody is transferred. <71.3.1b>
5. The responsibility for the safety and security of arrestees brought into the police facility remains with the transporting officer unless another officer relieves that responsibility. <71.3.1b>
6. The arrestee must be under constant physical supervision and allowed supervised access to water and restroom facilities. <71.3.3e,f,g>
7. Arrestees may be secured temporarily to the fixed bench in the Processing Area, Room 128, if necessary, for officer safety, which is designed and intended for such use. Refer to the GO “Juvenile Investigations”, for specific restrictions on juveniles being secured to the fixed bench.
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8. Officers shall ensure that sight and sound separation of genders, and juveniles from adults, as applicable.
9. In the event of an emergency, an officer shall activate the emergency alert button on the portable radio to inform Communications of the need for immediate assistance. Officers are required to have a secondary officer readily available to provide additional security during breath alcohol tests. <71.3.3b>
10. Every appropriate safety precaution shall be taken to prevent an escape. In the event of an escape, the officer shall immediately notify Communications by police radio, who will ensure that the on-duty supervisor is notified. The officer shall complete appropriate documentation describing the facts surrounding the escape and all actions taken. <71.3.3d>
D. Training All officers shall receive training on safety protocols, emergency procedures, escape prevention, etc. during field training.
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Operations Section 310 Effective Date: August 25, 2017 Page 1 PARKING ENFORCEMENT
I. POLICY
The authority to establish and enforce local parking ordinances, as well as the enforcement of similar or applicable state law, is established by § 46.2-1220 (Code of Virginia). The Town of Herndon Code 42-63 provides local authority to the Chief of Police to appoint parking enforcement officials. The mission of the parking enforcement official is to enforce various traffic laws specifically related to parking violations within the Town of Herndon and provide operational support to the department as needed.
II. ADMINISTRATION
A. The parking enforcement official will be assigned to the Traffic Section, under the direct supervision of the Traffic Section supervisor. The Traffic Section supervisor shall be responsible for the overall operational and administrative supervision to include duty assignments and training.
B. Field training for the parking enforcement official will be conducted by members of the Traffic Section, with updates as needed. The official will be trained in parking enforcement, but as a civilian, is not empowered to initiate legal action as a sworn police officer.
C. The parking enforcement official is authorized to carry Oleoresin Capsicum (OC) spray in accordance with training and policy and after successfully completing the relevant department approved training, demonstrating proficiency in its use, and maintaining qualification requirements.
D. Uniforms and Equipment 1. The parking enforcement official is issued a uniform that will be clearly distinct from those worn by sworn personnel of the department.
2. The parking enforcement official is provided with a vehicle approved and maintained by the department, which may only be used for duty purposes. The vehicle will display proper markings as a parking enforcement vehicle but will not be equipped or utilized as a police response vehicle.
3. The parking enforcement official will utilize parking tickets and electronic ticketing equipment to register and print violations.
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4. Following completion of prescribed training, the parking enforcement official is issued a radio and a MCT for official duties.
5. The parking enforcement official is not authorized to carry on their person or in their vehicle, displayed or concealed, any weapon or restraining device, other than the Oleoresin Capsicum (OC) spray as authorized.
III. RESPONSIBILITIES
A. Duties and responsibilities of the parking enforcement official are limited to the enforcement of laws and ordinances of the State of Virginia and the Town of Herndon as they pertain to parking violations. Other duties may be assigned in accordance with the limitations of their authority, and with the approval of the Field Operations Division Commander, or designee.
B. Vehicle impoundments will be in accordance with law and department policy for abandonment on public roads due to immobility, expired registration or inspection, and/or unpaid/unresolved parking tickets. The parking enforcement official will document impoundment of vehicles in RMS.
C. The parking enforcement official may be utilized for traffic control at incidents related to crash scenes, disabled vehicle calls, or other approved traffic control assignments.
D. To ensure personal safety, in circumstances where the parking enforcement official witnesses an action that may warrant arrest, a sworn officer will be requested via police radio as soon as possible to assist and investigate.
E. The authority of the parking enforcement official shall be in effect only while in uniform and on assigned duty and the jurisdiction and authority is limited to the boundaries of the Town of Herndon.
F. The parking enforcement official does not respond to police-related complaints, services, or other activities other than those related to their duties and responsibilities as established in this policy. The parking enforcement official should politely explain the limitations of their authority to citizens and further assist them by requesting a sworn officer to respond.
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I. PURPOSE Police service dogs possess unique capabilities as an effective tool for law enforcement purposes. Highly specialized and trained canine teams work in direct support of the public safety mission and in the detection and location of persons, property, and evidence. II. TERMINOLOGY
o Canine Handler – An officer who has successfully completed a basic canine school and is assigned to work with a specific police service dog.
o Canine Team – A canine handler and a police service dog.
o Drug Detection Canine – A canine that has been trained to identify certain controlled substances by smell.
o Explosive Detection Canine – A canine that has been trained to identify certain explosive materials by smell.
o Patrol Canine – A service dog that has been trained to support patrol operations as part of a canine team and whose abilities may include tracking, searches and apprehensions.
o Police Service Dog – Any dog employed by the police department.
III. CONSIDERATIONS A. No one shall approach, pet, agitate, or attempt to play with a police canine without the handler’s approval.
B. When a canine is present, physical contact of any nature must be avoided with the canine’s handler. This contact might be perceived as an attack on the handler and the canine could respond in accordance with training by biting and holding the perceived attacker.
C. Under normal circumstances, no one other than the canine handler shall attempt to interfere with or call off a canine that has been given the command to “apprehend” by the canine handler. Herndon Police Department
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D. No one shall follow the canine team on any track unless specifically directed to do so by the handler.
E. In the event an officer is confronted by a police canine, the best tactic is to stand still, since any sudden movement or attempted flight might cause the dog to respond by biting and holding.
F. Should a canine handler become injured and lose control of the dog, an officer at the scene must take action to ensure control of the dog. If the canine officer’s injury is life threatening, measures should be taken to get medical care to the canine handler by diverting the dog’s attention in order to reach the injured handler. Another handler from the department (or Fairfax County Police Department, depending on time and availability), should be called to take possession of the service dog if deemed appropriate for the situation. The use of deadly force to the canine shall not be considered until all other means have failed and the consequences of a delay may result in serious injury or death.
IV. GENERAL GUIDELINES FOR USE A. Canine teams provide proactive patrol and backup to officers on calls for service. Canine teams may be dispatched as primary officers to calls for service as needed to supplement patrol functions.
B. Canine teams will assist whenever possible in arrest situations but will not take physical custody or transport prisoners.
C. When an officer requests the assistance of a canine team, the officer shall note the request on the incident report. The canine handler shall file a supplement to the original report describing the response to the request for assistance, specific actions taken, and the results.
D. While on and off duty, canine handlers shall maintain control of their canine at all times.
E. The canine handler shall have exclusive control over the use of their canine and will make the final determination as to whether to deploy the canine based upon their assessment of the situation, knowledge of the capabilities of the dog, and Herndon Police Department
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in consideration of Departmental policies and laws governing the use of police canines.
F. Canines, with the exception of the explosive detection service dog, should not be taken inside any police building unless authorized by a supervisor. G. Canine teams should not be dispatched to animal-related complaints. H. Canines should not be used for crowd control purposes. I. Canines should not be used to track missing and endangered persons without the permission of a supervisor. The use of the patrol canine for such purpose should only be considered when the risk of not finding the missing person outweighs the risk of the missing person being bit. Supervisors and handlers should take into consideration the possibility of the missing and endangered person being bit by the canine once discovered. Supervisors are also encouraged to consider the deployment of other passive search and rescue canines from alternative resources. Some factors to consider when evaluating whether to use a police service dog to search for a missing person are:
• The mental capacity of the missing person (age, Alzheimers, dementia, or other disability, etc.) • Age and health of the person (young and elderly are more prone to the risks of exposure.) • The weather conditions. • The length of time the person has been missing. • The time it takes for a patrol dog to arrive on scene. J. Canines may be used for the following: 1. Tracking Canines may be used to track a suspect of a crime in order to locate, gain a direction of travel, or find evidence associated with a crime. When feasible, the suspect will be afforded the opportunity to surrender while confronted on a track. If the confronted suspect does not surrender and meets the criteria established for an apprehension, then the canine may be used to physically apprehend the suspect.
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2. Building Searches a. Canines may be used to search any building in which the handler has reason to believe it may be occupied by, or may have been entered unlawfully by, unauthorized persons. Prior to entry, the handler must announce the intent to release a canine to search the building. The canine handler must repeat the announcement depending on the size of the building. The announcement must be consistent with or use similar language to communicate the following: “I am a Herndon police officer. Come out with your hands up. If you do not come out, a police dog will be released, and you may be bitten.” The wording of the announcement shall be documented in the handler’s report. This will be done to afford anyone inside the building a chance to make their presence known and establish their reason(s) for being in the building.
b. The police radio shall be used to communicate building entry to perimeter units. An announcement may be given over the police cruiser P/A system, whenever possible, in order to alert perimeter units who may not have access to the radio traffic.
c. After the announcement has been made, the canine handler shall allow sufficient time for persons to exit the building and for any suspects to avail themselves of the opportunity to surrender before beginning the search. In the event that a large building or area is being searched, the canine announcement should be repeated whenever the search reaches a new floor or an area in which the initial announcement might not have been heard. Each additional announcement must be documented with respect to the wording of the announcement and the location in which each additional announcement was made.
d. An announcement may be avoided if there is a reasonable belief that specific officer safety issues would be created by announcing police presence.
e. No member of the Department, unless directed by a supervisor, will enter a building if a canine team is en route. The officer(s) should take up a position on the perimeter to observe and to prevent escape. Once the Herndon Police Department
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canine team enters the building, no officer should enter the building without prior approval of the handler. A supervisor may direct an officer to enter at the handler’s request or if it is determined to be an emergency. The handler shall have the responsibility of informing officers at the scene that the building has been cleared and that the canine has been secured.
f. Any person removed from a building or area to be searched should be appropriately secured to avoid the potential of the canine exiting the building or area and coming into contact with that person.
3. Controlled or Open Area Search a. The use of patrol canines may be helpful in minimizing the risks and time required to search open areas. These searches can be done on-lead or off- lead at the discretion of the handler.
b. At the discretion of the handler, a canine may be used to do a controlled area search, which involves releasing a canine off-lead. This type of search can only be used under circumstances where due consideration has been given to the potential for risk to the public as this is an aggressive deployment for the handler’s protection. Although patrol dogs go through extensive training, the possibility of an unintentional bite always exists.
c. Prior to releasing the canine in the area to be searched, the handler should provide a canine announcement as outlined previously under “Building Searches”.
d. Prior to using a canine for an open area search, steps should be taken to reasonably secure the area by establishing a perimeter. Officers assigned to the perimeter should work to ensure that the perimeter remains secure and that no one is allowed to enter the search area.
e. Canine teams are outfitted with infrared beacons which makes their location readily identifiable to others using infrared viewers. These particular beacons are used as safety devices for the canine teams operating at night or in decreased lighting conditions. The beacons provide those using infrared viewers, including the helicopter, with the Herndon Police Department
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ability to quickly locate the canine team and if necessary, direct others to the team’s location.
4. Article Search Canines may be used to search and locate evidence in controlled areas. Canines search an area by locating the freshest scent, so it is imperative that all persons stay out of this area. During an article search, the canine shall always remain within close proximity and controlled by the handler.
5. Patrol Canines may be used to accompany handlers on patrol in targeted areas or while checking the security of businesses, schools, or other facilities, or as back-up to calls for service.
6. Apprehensions The courts consider utilization of the police canine for apprehension to be a use of less lethal force. Accordingly, the use of police canines for apprehension must be in compliance with the use of force policy. Under the direction of its handler, a police canine may be deployed in any situation in which the use of less lethal physical force is reasonably necessary to: a. Prevent escape from lawful custody, to effect an arrest or an investigative stop of a person reasonably suspected of committing a criminal offense, or to prevent any person from being injured. b. Defend the canine handler or any other person from assault, or what the canine handler reasonably believes to be physical resistance while effecting or attempting to effect an arrest, investigative stop, or while preventing or attempting to prevent an escape from lawful custody. V. GUIDELINES FOR SPECIFIC USES A. Drug Detection
1. An officer may request a drug detection dog to conduct a search of vehicles, buildings, or other designated areas. Upon the request, the officer shall notify their immediate supervisor. Many times, the use of a drug detection dog is Herndon Police Department
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time sensitive, and the arrival to a requested location should be as prompt as possible to reduce the downtime of the investigative stop.
2. When a canine team is off-duty, it may be called out with the approval of a supervisor. Requests, both on and off-duty, should be made in a timely manner.
3. A drug detection canine alert is often an aggressive alert; therefore, the drug detection canine will not be used to search people or objects in their possession.
4. Drug detection dogs will not be used in an area deemed unsafe by the dog handler. The primary officer shall notify the handler of any information regarding dangers that may be present (i.e., broken glass, chemicals, syringes, pesticides, etc.)
5. The canine will not be used in any area or on any premises to which the handler does not have lawful access.
6. Any evidence located by the canine will become the responsibility of the primary officer assigned to the case. The handler will be subpoenaed by the primary officer for any necessary court appearances.
7. The handler will submit a supplemental report to the primary officer’s incident report. When used to assist another agency, the handler will submit an incident report.
8. Requests from other law enforcement agencies for the use of the drug detection canine will be handled pursuant to mutual aid protocol.
B. Explosive Detection
1. Canines that have been specially trained in explosive detection may be called upon to conduct searches for explosives in buildings, around or in vehicles, and any other object or location deemed appropriate by a supervisor, after consultation with the canine handler.
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2. Explosive detection canines are not to be used to confirm or rule out the presence of explosive when a package has been deemed suspicious. If a package is deemed suspicious, the Fairfax County EOD should be called.
3. During the explosive detection canine’s tour of duty, a request for the canine may be made by any officer. Upon the request, the officer shall notify their immediate supervisor. When the team is off-duty, the request must be authorized by a supervisor. All requests should be made in a timely manner.
4. The explosive detection canine team will not be used in any area or premises where they do not have lawful access.
5. The primary officer or supervisor on the scene will notify the handler of any dangers that may be present, both environmental as well as any items or evidence that may be related to an explosive device (wires, obvious explosive devices, etc.)
6. Any evidence located by the canine team will become the responsibility of the primary officer or corresponding EOD team.
7. Requests from other law enforcement agencies for the use of the explosive detection canine will be handled pursuant to mutual aid protocol.
VI. DEMONSTRATIONS, SHOWS, COMPETITIONS A. Canine handlers shall not participate in any demonstrations, shows, competitions or other activities where the handler and/or the dog are representing the police department, without prior approval from the canine supervisor. B. All requests for such displays will be directed to the canine supervisor. C. The canine supervisor will determine whether or not to attend the specific event and will assign canine handlers to represent the police department. D. This does not preclude a canine handler from showing the dog to citizens and/or fellow officers during the normal course of their duties; however, public displays or shows should be coordinated in advance through the canine supervisor.
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VII. RESPONSIBILITIES OF THE CANINE HANDLER A. All handlers are expected to proactively patrol the areas they are assigned. This includes conducting traffic stops, subject stops, business checks, and providing backup to officers on calls for service. Handlers should also participate in unscheduled/informal training during their shift. When staffing is short, the handler’s primary mission is calls for service.
B. Each handler has the sole responsibility for the control, care, health, and well- being of their assigned canine. The handler is also responsible for injuries or damage, on and off-duty, to persons and/or property. Any accidents or injuries occurring on or off-duty, caused by the dog or to the dog, must be reported to the canine supervisor.
C. The handler has the individual responsibility for ensuring their canine’s fitness as a police service dog. If the handler notices any work or behavior from their canine that is less than acceptable as a police service dog, the handler is to notify the canine supervisor.
D. A Department canine will be removed from service if an action or inaction committed by the canine is deemed to be harmful to the handler or public. The canine shall not be placed back into service until a review is conducted. As a result of the review, the canine supervisor will forward a report detailing the problem and solution to the Chief of Police for final review and approval.
E. The handler is required to keep the service dog’s kennel area at home clean and sanitary.
F. The handler will ensure that their assigned canine is not left in the police vehicle for extended periods of time. If unusual conditions require that the canine remain in the vehicle, the handler will make periodic checks on the well-being of their canine. This is especially important during periods of warm weather. If a police canine is required to be left in the vehicle, handlers should ensure that the vehicle is left within public view, or in visible areas, in case the dog safety alarms are activated.
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G. Each handler will ensure that their canine is secured properly in the police vehicle when the dog is left unattended.
H. The handler will keep the assigned police vehicle clean, sanitary, and in proper mechanical condition.
I. Only issued and/or authorized equipment will be used. This includes, but not limited to, the following equipment for the canine and/or handler:
• Patrol Leash • 15-foot tracking lead • Traffic Leash • Regular Sleeve • E-Collar • Hidden Sleeve • Extra Choke Collars • GPS for Vehicle • Extra Thick Collar • Cell Phone • Muzzle • Beacon for Helicopter • Kevlar Vest for Canine • BDU Uniform with Hat • Tracking Harness • First Aid Kit
J. Unless otherwise directed, all boarding of the Department’s canines will take place at a kennel pre-approved by the Department.
K. Upon the handler leaving the canine position, the handler will immediately return all issued equipment in proper working order. VIII. REPORTING PROCEDURES A. Required Investigative Reports 1. Supplemental reports will be written on all activities conducted by the canines to support the primary officer’s incident report, whether tracking, performing searches, recovering evidence, or apprehensions.
2. On all tracks, the report will describe the direction of travel, actions of the canine, and the handler’s opinion as to the validity of the track.
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3. Supplements will be submitted whenever articles or evidence are located. Canines will be restricted in handling any articles that may be processed. The articles will be turned over to the primary officer at the scene.
4. Incident reports will be submitted whenever the canine is utilized for another agency.
B. Use of Force Report Any use of force by a police canine (apprehensions, bites, holds, or injuries of any nature) shall be immediately reported to the on-duty supervisor, and the canine supervisor shall be notified.
1. The use of force shall be documented in an incident report and shall include photographs of any wounds or injuries inflicted. These photographs should be taken by the on-duty supervisor as soon as possible once the wound has been cleaned and treated.
2. The incident report shall include a detailed account of the incident, including the reason for the call, acts that led to the use of force, attempts to seek compliance and the subject’s reactions to those attempts, and any other pertinent information.
3. The incident report shall be submitted by the handler prior to the end of the shift, unless an extension is granted by a supervisor for extenuating circumstances.
4. The supervisor shall respond to a use of force incident and initiate a preliminary investigation, documenting pertinent facts.
5. The supervisor shall initiate a Use of Force Report in the Records Management System, which will be forwarded for review to the canine supervisor, then to the Field Operations Commander.
6. The Use of Force Report shall be reviewed by the Field Operations Commander and directed to Internal Affairs for investigation. Herndon Police Department
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C. Training and Certification Reports All training and certification for police service dogs shall be documented and submitted for review by the canine supervisor, with a copy sent to the Personnel and Training Section for filing. IX. RESPONSIBILITIES OF THE CANINE SUPERVISOR A. The canine supervisor shall ensure oversight of the functions of the department’s canine program. The canine supervisor does not replace direct supervision, but gives functional oversight to all canine program matters, including: 1. Assisting in the selection process for each service dog and handler. 2. Ensuring the primary mission of the program is being performed, consisting of proactive patrol, responding and assisting as backup to calls for service, and conducting specialized activities. 3. Approving or coordinating events or other activities where the canine team participates and represents the department. 4. Reviewing any accidents or injuries caused by or to the service dog or handler. 5. Reviewing any unacceptable work or behavior of the service dog that poses a risk to the canine, the handler, or the public and initiating an administrative review. The canine supervisor shall forward a report to the Chief of Police with findings and recommendations. 6. Monitoring the budget for the program and maintaining equipment, training and health needs for the canines. 7. Ensuring home care is conscientious and medical care and kenneling are provided at department approved vendors. 8. Ensuring routine or emergency medical care is provided for the canine and approved in advance. B. The canine supervisor shall monitor and approve the training requirements and activities of the canine program to ensure that ongoing training and certification of canine teams are accomplished. The canine supervisor should periodically Herndon Police Department
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observe canine training sessions to stay abreast of current tactics utilized and review the team’s performance. C. The canine supervisor shall review any use of force reports of a police canine and request or conduct an administrative investigation as appropriate. D. The canine supervisor shall provide an annual report of the activities of the canine program, outlining incident activity, training conducted, problems or successes, and recommendations for proposed changes to the program. X. CANINE TRAINING A. Each canine and its handler must successfully complete a basic police canine school, approved by the Department, prior to assuming duty as a working team. Only officers that have attended a decoy orientation and safety briefing are permitted to participate in canine training.
B. Members attending canine training will adhere to all rules of conduct and training as set forth by the host school or agency.
C. Although most basic schools require approximately 14 weeks of training, the amount of training needed to complete the basic school shall be left at the discretion of the training program.
D. Canine handlers are responsible for having control of their canines at all times. Three types of control are distinguished in training to mitigate the risk of an unintentional bite:
1. Direct Control – While on lead, canines are under the direct control of the handler. The handler has the ability to directly restrict the canine’s movement and reinforce verbal commands with a correction on the lead.
2. Indirect Control – While off lead, canines are indirectly controlled by voice commands and are taught to remain stationary and return to the handler even after being sent on a direct apprehension.
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3. Environmental Control – When an expectation exists that a canine will be out of direct or indirect control during a training exercise, the training shall be limited to an area where the environment is restricted from individuals not involved in the training exercise. This would also include buildings if access can be controlled.
E. Once deployed as a certified working team, the canine and its handler shall engage in monthly training sessions. Such training will consist of those activities that include tracking, seeking, searching, obedience, criminal apprehension, as well as drug and explosive detection exercises as applicable. All handlers are also expected and encouraged to participate in periodic unscheduled or informal training during their shifts, contingent upon calls for service.
F. All training for police service dogs shall be documented and submitted in a timely manner for review and signature of the canine supervisor.
G. Certifications Canine teams shall be certified annually with documentation filed with the Personnel and Training Section. If the canine team fails to certify in any of the required areas, they will be required to perform remedial training and then undergo a separate certification attempt.
H. Drug Detection Canine Training 1. Basic drug canine training schools require an average of six weeks of training. However, the amount of time needed to complete the basic school shall be left to the discretion of the trainer in charge and can vary based on the experience and performance of the canine handler and the service dog.
2. The Department’s drug detection canines will be trained in locating the following scents. Additional drug scents may be added as appropriate. • Marijuana • Methylenedioymethamphetamine (MDMA) • Cocaine (crack and powder) • Heroin • Methamphetamine Herndon Police Department
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I. Explosive Detection Canine Training 1. Basic canine explosive training requires an average of eight weeks of training. The actual amount of time needed to complete the basic school shall be left to the discretion of the trainer in charge and can vary based on the experience and performance of the canine handler and the service dog.
2. Only inert training aids, which have no special storage requirements, will be utilized by the handler. XI. CANINE HEALTH SERVICES A. Department canines will have a health exam annually, notwithstanding office visits for specific issues. Each handler is to ensure appropriate vaccinations and heart worm prevention medication administered to the assigned canine as prescribed. Blood tests for heart worm and a fecal specimen examination for parasites will be conducted annually.
B. Except in an emergency, only those animal hospitals approved by the Chief of Police will be used for the treatment of the Department’s canines.
C. Each handler will notify the canine supervisor of all veterinarian visits, both non- emergency and emergency, for their assigned canine prior to the appointment.
D. Any handler who obtains health care services and/or products from an authorized animal hospital will request an itemized receipt for the services. The receipt will list all services rendered and the cost associated with each. The handler is to sign this receipt and identify the canine receiving such services. The handler will forward this receipt to the canine supervisor in a timely manner.
E. A handler who purchases health care services and/or products from any other animal hospital will not be reimbursed for these services (this does NOT apply to those emergency situations in which the life of a Department-owned canine is in jeopardy).
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XII. RETIRING DEPARTMENT CANINES
Whenever a handler leaves a canine position, or the canine is retired or permanently removed from service, the Chief of Police will determine the final disposition of the service dog. The handler may make a written recommendation to the Chief of Police regarding the disposition of the canine.
A. Transfers of canine ownership are authorized under Virginia Code 2.2-1124(8). Upon approval of the Chief of Police, the ownership of a retired police service dog may be transferred from the Department to the canine’s last handler.
B. In circumstances where an active Department canine requires the services of a veterinarian for the purpose of euthanasia, the Department shall assume responsibility for this expense. The handler shall obtain these services from an authorized animal hospital and request an itemized receipt for the services which will be forwarded to the canine supervisor.
C. All other bills for retired canines will become the responsibility of the owner.
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I. POLICY
The investigative process is divided into preliminary and follow-up stages to ensure effective investigations. Responsibility for follow-up investigations is determined by the nature of the case and the need for further investigation. The Criminal Investigations Section (CIS) is responsible for conducting investigations into specified incidents or complex criminal offenses upon notification or assignment from Patrol.
II. TERMINOLOGY
o Case Status Designation - • Active – cases that are actively being investigated.
• Inactive – cases that have been investigated but after all available leads have been exhausted, the case has not been brought to a satisfactory conclusion. Investigative efforts may be resumed pending the discovery of additional leads or information. The case may also include those instances where a warrant is on file, but not served.
• Closed – Cleared Exception – the investigation has established the identity of the offender, the location of the offender is known, and there is a reason outside of law enforcement control that precludes arresting, charging, or prosecuting the offender. This classification may be based on consent from the prosecutor.
• Closed – Cleared Arrest – a person has been charged with the crime and the arrest warrant has been served.
• Unfounded – the investigation revealed that the incident did not occur or was not attempted.
o Cold Case – A case that remains unsolved for at least 18 months after being reported and becomes inactive due to no viable investigative leads.
o Computer Forensics Officer - any member of the department assigned to the Computer Forensics Unit specifically trained in the techniques of computer, electronic, digital and media data recovery and seizure.
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o Confidential Informant – a non-law enforcement individual who provides useful information under the guidance of an officer about criminal matters. The informant may be a witness in an investigation or be covered by a special agreement, which may include compensation.
o Digital Media - hard disk, floppy disk, optical disc, removable cartridges, RAM, tapes, flash media, magneto-optical disk, and any other media which can store magnetic, optical and/or binary coding.
o Electronic Device - computer system, computer peripheral, cellular device, wireless device, PDA, digital camera, portable electronic device, portable recording device, GPS device, and any other device capable of analyzing, creating, displaying, converting, receiving or transmitting electronic, magnetic, optical or other binary impulses or data.
o Digital Forensic Examination - the use of forensically sound procedures to obtain, analyze, extract or recover data residing on electronic devices or digital media in a way that does not alter the source data, except to the minimum extent necessary to obtain the evidence.
III. ADMINISTRATION
A. Preliminary Investigation The preliminary investigation begins immediately upon the arrival of officers at the scene of an incident or upon taking a report and continues until completed or the investigation responsibility is transferred to CIS. Certain cases will be assigned to CIS through RMS following the preliminary investigation, or the CIS supervisor will be promptly notified by a Patrol supervisor to request a detective respond to assume and conduct the investigation.
1. The primary objective of the preliminary investigation is to: a. Determine that the incident or offense occurred, and the nature of the offense; b. Observe and document the place, time, condition, events, and statements of the incident or crime; <42.2.1a> c. Identify the victim(s), witness(es), and suspect(s); <42.2.1b> d. Maintain and protect the crime scene and arrange for the collection of evidence; <42.2.1c>
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e. Interview the victim(s), witness(es), and suspect(s). <42.2.1d>
B. CIS is responsible for the investigation of the following types of cases:
1. Abduction; 16. Felonious assaults/malicious 2. Abortion; wounding; 3. Aircraft incidents with 17. Gang-related offenses; serious injuries or death; 18. Grand larceny; 4. Arson (in conjunction 19. Homicide or suspicious deaths; with the Fire Marshal); 20. Identity theft; 5. Auto theft; 21. Medical examiner’s case; 6. Bigamy; 22. Missing persons (adult endangered 7. Blackmail/extortion; or missing more than five days, 8. Bribery juvenile endangered or missing 9. Bomb threat incidents; more than 48 hours); 10. Burglary; 23. Narcotics, organized crime related 11. Child abuse or neglect; offenses; 12. Child pornography or 24. Rape, aggravated sex offenses; exploitation; 25. Robbery; 13. Computer/internet 26. Vandalism (involving extensive or crimes; widespread damage to property) 14. Embezzlement; 27. Vice offenses. 15. Felony check cases;
C. CIS On-Call Schedule The CIS supervisor or designee will maintain an on-call schedule to provide investigative services for emergencies that may occur outside of scheduled duty hours. In the event a detective is needed; the Patrol supervisor shall promptly notify the CIS supervisor and request a detective. The Patrol supervisor and the CIS supervisor will decide, on a case-by-case basis, whether a detective will respond to the call out. When called outside of scheduled duty hours, the on-call detective shall be readily available by telephone and able to report for duty within one hour.
D. Case Screening and Assignment 1. Cases turned over to CIS will be reviewed based on the seriousness of the crime and/or for solvability factors and assigned to detectives by the CIS supervisor according to priority.
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2. The CIS supervisor will monitor cases assigned for investigation through RMS and discussions with the designated detective for a satisfactory closure.
3. Upon assignment, the detective will be the lead investigator and all other involved officers will assist as needed. All cases will remain active and investigation will be pursued until all leads are exhausted, regardless of solvability factors. Investigation will be suspended based on specific criteria and solvability factors.
E. Case File Management and Status <42.1.3c> 1. The assigned detective will maintain a case file that will contain original records to include: a. Incident and preliminary investigation reports; b. Checklist and case log reports; c. Statements made by witnesses, victims, and suspects; d. Warrants, photos, lab reports; e. Results of examinations of physical evidence; f. Case status reports.
2. Supplemental reports should be filed on active cases every 30 days to capture the status and other pertinent information associated with the investigation.
3. Case status is maintained in RMS with the case number, detective assigned, and other pertinent administrative information. Each case will be maintained with a current status, as follows: <42.1.3a,b> a. Active; b. Inactive; c. Closed – Cleared Exception; d. Closed – Cleared Arrest; e. Unfounded.
4. Detectives shall keep active case files current and filed in their assigned area. CIS personnel have full access to case files as required or needed. <42.1.3d>
5. Closed or unfounded case files will be maintained in CIS and will be accessible for review by department members based on a legitimate need to know. Case files will be purged in accordance with the Virginia Records Retention schedule. <42.1.3d,e>
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IV. CONDUCTING FOLLOW-UP INVESTIGATIONS
A. When a Patrol officer or a CIS detective conducts a follow-up investigation, they are responsible for the entire case until the fulfillment of the court’s or Commonwealth Attorney’s requirements. The following steps should be taken when conducting follow-up investigations:
1. Review and analyze all previous reports documented in the preliminary phase;
2. Review submissions and results from laboratory examinations;
3. Conduct additional interviews and/or interrogations, as needed;
4. Seek additional information from leads, officers, informants, resources;
5. Plan, organize, and conduct searches;
6. Collect physical evidence;
7. Identify and apprehend suspects;
8. Determine involvement of suspects in other crimes;
9. Check criminal histories on suspects;
10. Prepare case for court and confer with the prosecutor.
B. When a detective is assigned to investigate a case, the detective shall contact victims, complainants, and witnesses within three (3) working days from the date of assignment. Further contact with these individuals should be made periodically as appropriate through the course of the investigation. Deliberate contact with victims, complainants, and witnesses is useful for collecting valuable information and demonstrating an interest and concern for the welfare of the victim and other individuals associated with the case. All contacts as well as attempts to contact individuals should be documented as part of the case file by use of a supplemental report.
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C. A standardized case file checklist should be used for conducting investigations. It is the responsibility of the CIS supervisor to monitor the completion of a checklist and ensure it is made a part of the case file.
D. Detectives should attend Patrol shift briefings weekly. This will enhance communication and cooperation on specific cases that could improve investigative efforts.
E. Continuing/Suspending Investigation Efforts The criteria for continuing and/or suspending investigative efforts will generally involve the following factors:
1. Availability of witnesses;
2. Identifying a suspect;
3. Information on the suspect’s description, location, vehicle, etc.
4. Whether the victim and/or witnesses can identify the suspect;
5. Information about traceable property and significant physical evidence;
6. Information about the motivation or method of operation;
7. Whether the victim and/or witness is willing to assist with prosecution.
F. Cold Case Review 1. The CIS supervisor will conduct a periodic review of the following types of cold cases for solvability factors and submit a report to the Chief of Police documenting the review and actions taken.
a. Murder; b. Stranger sexual assault (rape or sodomy); c. Endangered/suspicious missing person investigations.
2. Additional follow-ups will be conducted on all cold cases when new information or leads are uncovered that might aid in solving the case.
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V. INTERVIEWS AND INTERROGATIONS
A. The department has designated rooms to be used for interviews and/or interrogations. These rooms are to be used solely for interviews and/or interrogations and will not be used as temporary detention facilities. When conducting interviews and/or interrogations in the designated rooms, officers shall ensure that:
1. Suspects understand their constitutional rights or the waiver of those rights;
2. Weapons are locked in an appropriate weapons locker; <42.2.8a>
3. All suspects or potential suspects are searched prior to entering the interview room; <42.2.8b>
4. The room has been inspected, prior to use and immediately afterward, for the presence of weapons, contraband, or evidence. <42.2.8b>
5. Recording devices are operational and activated for the interview or interrogation. <42.2.8b,e>
6. No subject in custody is left unattended at any time; <42.2.8b>
7. The safety and security of persons brought into the room remains with the original officer, unless another officer relieves the responsibility; <42.2.8b>
8. Only the necessary personnel are in the room for the interview or interrogation; <42.2.8c>
9. Additional officers remain on standby and are available to provide immediate assistance, if necessary; or the radio is utilized to summon assistance by activating the emergency alert button. <42.2.8d>
10. Only materials and equipment necessary to conduct the interview or interrogation are brought into the room; and <42.2.8f>
11. Access to water and restroom facilities are provided, should there be a need. <42.2.8g>
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B. During interviews, individuals who request or require language assistance must be provided interpretation services through the Language Line or from an interpreter. This will provide the individual requesting services a level of privacy and will also ensure the accuracy in both the questions asked of the individual and their response. Use of family members, friends, or other informal interpreters should only be used in exigent circumstances.
C. During interrogations, individuals who request or require language assistance must be provided language assistance from an interpreter. Any formal statement taken that could adversely affect a suspect’s or witness’s legal rights requires the use of a qualified interpreter.
D. Miranda warnings, and all other vital written materials, will be made available to the suspect or witness in their primary language. In the case of a language where forms have not been translated or in the case of illiteracy, warnings shall be read to the suspect or witness in their primary language.
E. If qualified interpreters or formal interpretation services are needed, the CIS supervisor will be responsible for helping to arrange or provide appropriate guidance.
F. Handling In-Custody Subjects Officers shall ensure the following measures are taken for in-custody subjects brought into the police facility for purposes of conducting an interview or interrogation.
1. In-custody subjects shall be properly restrained prior to being placed in an interview room.
2. Discretion should be used to remove or adjust restraints to allow for an effective interview.
3. In-custody subjects may be secured to the fixed bench, which is designed and intended for such use, while waiting to be interviewed. Juveniles shall not be secured to the fixed bench unless the juvenile is in custody for an offense that would be considered a crime if committed by an adult.
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G. Use of the Sally Port The sally port is the primary entrance for in-custody subjects to be escorted to interview rooms inside the police facility. When in-custody subjects are escorted through the sally port entrance, officers must adhere to the following procedures:
1. Inform Communications by radio that an in-custody subject is being brought into police headquarters via the sally port. It is essential to notify Communications over the radio to ensure that all personnel are aware that an in-custody subject is entering the building. The officer must also advise Communications of the reason for the entry, entrance point to the building, and location of the interview.
2. Once inside the sally port, an officer must ensure the sally port entrance and exit is secure. The officer(s) must then secure weapon(s) before removing the in-custody subject from the vehicle.
3. Unless the officer conducting the interview or interrogation conducted a search during an initial custodial arrest, an officer must perform a search again prior to entry into the building.
4. Upon leaving the interview room with an in-custody subject via the sally port, the transporting or arresting officer shall ensure the sally port is secure prior to placing the in-custody subject in the vehicle. Once the in-custody subject is secure in the vehicle, the officer can then retrieve their weapon and notify Communications by radio to mark the time in CAD.
5. The communications technician must document each of the officer’s communications in CAD. The technician must also monitor the video feed from the sally port camera when the officer enters and leaves the interview area.
VI. POLYGRAPH EXAMINATIONS
A. Polygraph examinations may be utilized during the investigation of any criminal case, but it should not be offered during the initial stage of the investigation. When inconsistencies or conflicts appear, all alternate methods of checking leads must be exhausted prior to using the polygraph.
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B. If a polygraph examination must be utilized to clarify inconsistencies, the investigating officer must request one through the department’s polygraph examiner. The investigating officer must plan for the administration of the polygraph based on the examiner's schedule.
C. Polygraph examinations will not be scheduled for victims or suspects immediately following the offense or interrogation. Accurate results likely cannot be obtained when the subject is distraught or emotionally exhausted. The decision of the polygraph examiner as to the suitability of the subject’s submission to a polygraph will be final.
D. Investigating officers shall contact the subject to be administered a polygraph prior to the examination to confirm the appointment. The examiner shall be notified immediately of any cancellation. Officers who have scheduled polygraph examinations should be present on the date of the examination.
E. All polygraph examinations conducted on behalf of the department shall be administered by a polygraphist who has received training from a state approved school and who has been licensed by the Virginia Department of Professional and Occupational Regulation.
VII. DIGITAL FORENSICS INVESTIGATIONS
A. Digital forensic investigations facilitate the identification, examination and prosecution of any person who uses computers, electronic devices, or digital media in the furtherance of criminal activity.
B. Computers, electronic devices and associated media can, and have been found, to contain destructive programs which can alter and destroy evidence, so proper handling of such items is imperative. Improper handling of such devices and media, as well as accessing files and programs, may lead to the destruction of, alteration of, or inability to analyze critical evidence.
C. Only department personnel assigned to the Computer Forensics Unit (CFU), or equivalently trained law enforcement personnel, shall examine the devices in incidents where electronic devices or digital media is being sought as evidence and associated with an investigation. Only CFU personnel, or a designated officer at the instruction of CFU personnel, shall be responsible for:
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1. Powering on, off, or disconnecting the power source of such devices.
2. Accessing, analyzing or extracting data from an electronic device or associated media in any way where it is to be seized and later analyzed.
D. When it has been determined that an electronic device and/or digital media is to be seized and processed for evidence, department personnel shall contact the CFU, who will provide direction regarding the seizure.
E. This protocol does not preclude a department member from previewing an electronic device in a search, incident to arrest, when there is an immediate need to access information to further an investigation, or where it relates to the danger or welfare of another.
F. Where possible, a thorough forensic examination of devices and media of evidentiary value shall be conducted, and the examiner shall provide a supplement report of findings to the investigating officer or detective.
G. Whenever possible, devices and media seized for evidence shall be processed in a controlled environment.
H. When the nature of the equipment or media seized exceeds the available resources to process it, the CFU shall inform the case detective or officer of the issue and assist in obtaining the required expertise.
I. All requests for reviews, examinations and analysis of electronic equipment and media should include a copy of the incident report, the signed search warrant, or the consent to search form before any action is taken by a member of the CFU.
J. Training of department personnel regarding seizure and handling of electronic devices or digital media can be provided by members of the CFU.
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VIII. CONDUCTING SHOW-UPS
A. A show-up may assist the progress of an investigation whereby suspect(s) are viewed by a victim or witness shortly after the commission of a crime (generally within one hour) to identify or eliminate the suspect as the perpetrator. The show-up normally takes place during the preliminary investigation.
B. Show-Up Considerations Prior to conducting a show-up, the following factors must be considered:
1. The opportunity of the witness to view the criminal at the time of the crime;
2. The witness’s degree of attention;
3. The accuracy of the witness’s prior description of the suspect;
4. The level of certainty demonstrated by the witness at the time of the confrontation;
5. The length of time between the crime and the confrontation.
C. Show-Up Procedures 1. Instruct the witness that the person they are viewing may or may not be the perpetrator.
2. Ideally, the witness should be transported to the location of the suspect. However, if that is not possible, the suspect may be transported to the location of the witness.
3. Attempts should be made to protect the witness from being viewed by the suspect(s).
4. Officers are to avoid undue suggestiveness during the show-up that would influence the witness’s identification of the suspect.
5. Officers are to document the identification or non-identification including any statements made by the witness at the time of viewing and their certainty of the identification.
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6. If multiple witnesses are involved, separate the witnesses and instruct them to avoid discussing the details of the incident with one another. Transport the witnesses in separate vehicles and have them independently view the suspect(s).
D. Documenting the Witness’s Selection 1. Document the time and location of the show-up.
2. Document the distance the person fitting the description is from the crime scene at the time they are stopped.
3. Record both identification or non-identification results in writing, including the witness’s own words regarding how certain they are.
4. In the event the witness does not identify the person detained, the officer shall document and record the identity of the person detained.
IX. CONDUCTING PHOTOGRAPHIC LINE-UPS
A. Photographic line-ups may assist the progress of an investigation whereby victims or witnesses are given an opportunity to identify suspect(s) from a selection of photos. The following principles will apply:
1. Photographic line-ups will be conducted in a uniform manner as an investigative tool utilizing a sequential method of showing photos to witnesses.
2. The sequential line-up requires that photos be shown to the witness one at a time, instead of all photographs at once.
3. To ensure that body language, inadvertent verbal cues, or remarks that may influence the selection do not impact a witness, whenever practical, consideration should be given to having an uninvolved detective or officer perform the photographic line-up.
B. Composition of the Line-up 1. Photos to be utilized for a photographic line-up should be generated from the livescan database.
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2. Include only one suspect in each identification procedure.
3. Select non-suspects who generally fit the witness description of the perpetrator. When there is a limited or inadequate description of the perpetrator provided by the witness, general features similar to the suspect should be chosen, such as: race, sex, age, hair color, facial hair, background of photo, and eye color.
4. Select a photo that resembles the suspect’s description or appearance at the time of the incident if multiple photos of the suspect are reasonably available to the investigator.
5. Include a minimum of five non-suspects per identification procedure.
6. Place the suspect in different positions in each line-up when conducting more than one line-up for a case due to multiple witnesses.
7. Never re-use non-suspects in line-ups shown to the same witness when adding a new suspect to the group of photos.
8. Ensure that no writings or information concerning previous arrest(s) will be visible to the witness.
9. Review the array, ensuring that the suspect does not disproportionately stand out.
10. Avoid the use of non-suspects who so closely resemble the suspect that a person familiar with the suspect might have difficulty distinguishing between the non-suspect and the suspect.
11. Create a consistent appearance between the suspect and non-suspects with respect to any unique or unusual feature (e.g., scars, tattoos) used to describe the perpetrator by artificially adding or concealing that feature.
C. If there are multiple witnesses, a new identification procedure should be performed separately in the same manner as described in the composition of the line-up.
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D. Presenting the Line-up 1. The officer shall read the photographic line-up instructions (Form HP812) to the witness prior to conducting the line-up.
2. Ensure the witness understands the nature of the sequential procedure and the photographic line-up instructions.
3. The detective or officer conducting the line-up should hand the photos to the witness by standing behind or to the side of the witness to alleviate any inadvertent facial expressions, smiles, frowns, or other unintended clues to the witness. Avoid saying anything to the witness that may influence their selection.
4. Present each photo to the witness separately, in a previously determined order, removing those previously shown. Do not lay out all six photographs after the witness has reviewed each photo. The witness may go back to each individual picture and review what they have seen.
5. If identification is made, avoid reporting to the witness any information regarding the individual that they selected prior to obtaining the witness’s statement of certainty.
6. Following the line-up, the investigator will ask the witness to state, in their own words, how certain they are of any identification and record any identification results on the worksheet.
E. Documenting the Line-up and Results 1. Record both identification and non-identification results in writing, in each witness’s own words, regarding how sure they are.
2. Ensure the photo selected by the witness is indicated on the worksheet form.
3. Ensure that no materials indicating previous identification results are visible to any additional witness.
4. The investigator should maintain all original photos shown to the witness for court proceedings, preserved in their original condition. The investigator
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should also include identification information and sources of all photographs used for the line-up.
5. Record names of all persons present at the showing of the line-up.
6. Document the date and time of the identification procedure.
7. Ensure that the witness does not write or mark on any materials that will be used in other identification procedures.
8. A positive identification from a photographic line-up should not be used as the only evidence for prosecution.
9. Whenever possible, photographic line-ups should be conducted in an interview room with audio and visual recording capabilities.
X. TASK FORCES
A. The Chief of Police shall approve the department’s participation in an investigative task force that may be long term, multi-jurisdictional, or multi-agency. Task force participation and the need for continued operations will be evaluated in the workload assessment conducted every four years. Elements to be considered for task force participation include:
1. The purpose and authority of the task force as established by a written agreement or rules of operation;
2. The supervision of members and the organizational staff, as well as equipment and resource requirements.
3. Operating rules and regulations that include officer safety procedures and identification requirements;
4. Scope and results of the task force and the term of operation.
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XI. INFORMANTS
A. The cultivation and use of confidential information and informants can be an important aspect of an investigation. The following general guidelines are provided:
1. In developing informants, officers shall ensure confidentiality of informant identities and transactions, and shall observe lawful accountability. However, officers should tell informants that confidentiality cannot be guaranteed.
2. Officers shall not make any deals with individuals concerning charges, pleadings, or sentencing. Officers may, however, consult with the Commonwealth’s Attorney to determine if an individual may be eligible to serve as a confidential informant. All such arrangements are subject to the approval of the Commonwealth’s Attorney.
3. Informants have no special authority and will not receive special legal exemptions and shall be arrested if they commit crimes.
4. Personnel shall not knowingly maintain a social relationship or become personally involved with an informant. Personnel shall not solicit or accept gratuities or conduct any business transaction with an informant. Exceptions may be applicable for an employee’s relative, but the relationship should be documented in the file.
5. Officers shall have witnesses to their transactions with informants. Whenever an informant receives compensation, they shall sign a receipt and have it witnessed.
B. As the information obtained from an informant may become the basis for legal proceedings, the officer should carefully consider the possibilities of having to identify an informant in court, possibly placing the informant in jeopardy. The following points should be considered:
1. If possible, corroborate informant tips through independent investigation.
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2. If informant tips form the basis for probable cause to arrest or search, the officer involved must be prepared to justify to the court why the informant is credible and why their information is deemed reliable.
a. The informant’s name may be disclosed if the informant is willing to testify in court. b. When referring to unnamed informants, officers must rely on a magistrate to decide whether there is a fair probability that contraband or evidence of a crime will be found in a particular place. Informant reliability may be established by dependable information provided in the past, their reputation for truthfulness, or corroboration by other sources.
C. An officer who wishes to develop and use an informant must submit a request to the CIS supervisor detailing the necessity, and the proposed use. Following approval and establishment of an agreement, all references to an informant in any report shall be by number only. Informant names shall not be used. <42.2.6d>
D. The CIS supervisor will approve and maintain a master file of informants. This file is kept secure, separate from other agency files in CIS and is not required to be made available to other personnel. The master file is subject to inspection by the Support Services Division commander, assistant commander, and the Chief of Police. <42.2.6a,c>
E. Informant files will contain the following: <42.2.6b> • Biographical and background information • Criminal history record, if any, and code name or number • Summary of information supplied by informant and its credibility • Informant’s involvement with a police operation • Payments made to the informant
F. The Chief of Police, division commanders, and the assistant support services division commander overseeing CIS are the only officials authorized to have access to the funds utilized to pay informants.
G. Compensation paid to informants should be based on the following criteria, and only paid following the delivery of information: <42.2.6e>
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1. Whether information cannot be obtained through investigation without the use of the informant;
2. Whether the information is current, verifiable and sufficient for an arrest or search warrant;
3. Informant’s reliability.
H. Precautions <42.2.6f,g,h> 1. Informant contacts will be made by two officers when possible. All contacts will be documented in the informant file.
2. In-person contacts with an informant of the opposite sex of the officer shall only be conducted with a second officer covering, or in attendance.
3. An officer shall not tolerate any illegal or improper conduct by an informant. Informants and department members shall not condone any actions that encourage, persuade, or otherwise motivate a person to commit a crime.
4. Any information revealed from an informant relating to violations of law which would be of interest to another officer or agency will be shared as soon as practical.
5. Written authorization must be received from a parent or guardian prior to the use of a juvenile informant. The parent or guardian shall be kept fully informed as to the use of the informant. Officers shall be diligent and keep the juvenile from any involvement that may lead to physical or emotional harm.
I. Terminating an Informant 1. The informant’s relationship with the department shall be terminated if they have been determined to be unreliable, or in the event continued use would be detrimental to public safety or contrary to the department’s mission.
2. A report must be written stating the reasons for the termination.
3. Upon approval by the CIS supervisor, the informant's file shall be marked as "terminated" and dated. All officers and agencies that could be affected shall be notified of such action.
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I. POLICY
The department will conduct specialized investigations into vice, drug, and organized crime.
II. TERMINOLOGY
o Covert Operations – - Surveillance - the use of sworn personnel or informants to covertly observe an area, location, person or group to detect and report criminal activity without indicating police presence. - Undercover - the use of sworn personnel to covertly investigate criminal activity and may include participation or involvement in the activity being observed. - Decoy – the use of sworn personnel to assume the role of a specific victim and blend into the environment to observe and be subject to criminal activities as they are occurring. Decoy operations are prohibited unless expressly authorized and approved by the Chief of Police. - Raid – preplanned, unannounced, entry into a location for the purpose of search or seizure.
o Criminal Intelligence system – A system that receives, stores, exchanges or disseminates information that has been evaluated and determined to be relevant to the identification of a criminal organization or enterprise, its members or affiliates.
o Drug Investigations – Investigations involving the use, sale, and distribution of illegal or controlled substances.
o Organized Crime Investigations - Investigations into unlawful activities of members of organized groups or associations that coordinate or carry out activities in support of the organization or enterprise. Such investigations include gangs or criminal organizations, terrorist activities, and other criminal enterprises.
o Vice Investigations – Investigations involving prostitution, illegal sale and distribution of pornography, illegal gambling, and illegal sale and use of alcoholic beverages.
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III. VICE, DRUG, ORGANIZED CRIME INVESTIGATIONS
It is the responsibility of the Criminal Investigations Section (CIS) to receive, process and investigate reports of vice, drug, and organized crime that come to its attention. The department recognizes that criminal activities associated with vice, drug, and organized crime are specialized investigations and may need dedicated internal or external resources and coordination with special investigative support. <43.1.1a,c>
A. Any information received by CIS involving criminal intelligence of vice, drug or organized crime shall be documented in an incident report and assigned to CIS. The CIS supervisor will review the information and determine if an investigation is warranted. Consideration for initiating an investigation will depend on: <43.1.1b>
1. The validity of the information or intelligence; 2. The criminal nature and the significance of the problem; 3. Investigative resources required and the ability to conduct the specialized investigation; 4. Other operational or investigative issues or concerns.
B. Vice Investigations Vice investigations conducted by CIS may, depending on the magnitude, be coordinated with other specialized units or law enforcement agencies. Special operations conducted in the town must be coordinated with the CIS supervisor.
C. Drug Investigations Drug investigations conducted by CIS will be led by the detective assigned to the Fairfax County Narcotics Unit. All incidents involving drug activity shall be forwarded to the detective assigned to the Fairfax County Narcotics Unit for information. Special operations conducted in the town must be coordinated with the CIS supervisor.
D. Organized Crime Investigations Organized crime investigations may vary in their complexity, focus, and the department’s ability to conduct an investigation. Specific investigations will be handled as follows:
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1. Gang-related Offenses Gang-related investigations conducted by CIS will be led by the detective assigned to the Northern Virginia Gang Task Force. Special operations conducted in the town must be coordinated with the CIS supervisor.
2. Other Cases Other cases that require specialized investigations into organized crime (terrorist, criminal enterprises, etc.) will be coordinated with the local, state, or federal task force or resource that could appropriately assume the investigation.
E. The CIS supervisor will prepare a quarterly report to the Chief of Police detailing vice, drug and organized crime activities and investigations. <43.1.1d>
IV. ASSET FORFEITURE INVESTIGATIONS
A. The Criminal Investigations Section shall actively investigate cases involving felonious criminal activity (terrorists, illegal drug dealers, criminal enterprises, conspirators/co-conspirators involved in illegal money laundering) to identify proceeds for seizure as allowed by state and/or federal code.
B. To assist the Criminal Investigations Section in lawful seizures and successful forfeiture of vehicles, money, or property valued in excess of $500, officers shall contact the CIS supervisor regarding applicable cases or seizures and forward a copy of the incident report. All property seized will be packaged and stored in the Property and Evidence Unit; however, the CIS supervisor will advise on the intended storage of seized vehicles for forfeiture processing, following completion of the inventory process.
C. The CIS supervisor will complete the proper asset forfeiture paperwork for filing with the Office of the Commonwealth’s Attorney and/or any federal jurisdiction forms, which may be required. The CIS supervisor shall maintain records and reports of all seizures and resulting collections.
D. An annual report of asset forfeiture cases initiated along with their outcomes shall be submitted to the Chief of Police by the CIS supervisor.
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V. CRIMINAL INTELLIGENCE
A. The department receives reports of complaints, suspicious events, observations, tips, etc., that are documented in an incident report and maintained in RMS. If the report is classified as “criminal intelligence”, the following process shall apply:
1. Supervisors shall review “criminal intelligence” reports for relevance to initiate or follow-up on an investigation. <40.2.3a>
2. A copy of the criminal intelligence report that relates to vice, drug, organized crime activity or other information requiring specialized investigation shall be forwarded to the CIS supervisor. <40.2.3a>
3. Criminal intelligence may be shared, as determined by the CIS supervisor, with a criminal intelligence system if deemed credible and useful for public safety with respect to legal and privacy requirements. The CIS supervisor will annually review the procedures and processes for collecting, processing and sharing internal criminal intelligence reports with outside entities. <40.2.3c,e>
B. The department does not operate or maintain a criminal intelligence system. It does, however, receive and review information documented in incident reports and classified as criminal intelligence that is necessary to actively investigate criminal offenses. Criminal intelligence reports that include credible information will be maintained in RMS, used in furtherance of a criminal investigation, and appropriately safeguarded. <40.2.3b>
C. The department participates in local, regional, state, and national criminal intelligence systems, which includes intelligence that has been reviewed, shared, or purged by the managing entity. Certain department members may have access to criminal intelligence systems, because of their position or assignment, but such access, training, and retention is governed by the entity and is under their specific control. <40.2.3c,d> Intelligence entities include, but are not limited to:
1. ROCIC (Regional Information Sharing System)
2. Law Enforcement Information Exchange (LINX)
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3. NVRIC (Northern Virginia Regional Intelligence Center)
4. Virginia Fusion Center
D. The department maintains liaison with organizations to stay abreast of national threat information or criminal intelligence and will report or relay, through the CIS supervisor, any local information that may surface to further an investigation relating to terrorism.
VI. SPECIAL OPERATIONS
The department may conduct or participate in preplanned covert operations with the authorization of a division commander and the Chief of Police, who shall designate a single person to supervise the approved operation. A Tactical Operation Plan (HP 8417) as well as a Threat Assessment (HP 650) shall be completed for all operations and submitted through the chain of command prior to the planned operation. The following shall apply <43.1.5a,b>:
A. The supervisor responsible for the covert operation shall:
1. Complete and seek approval of the Tactical Operation Plan and Threat Assessment (as appropriate) and securely file and maintain it separately from RMS.
2. Perform an analysis of the crimes, victims, and suspects relating to the operation; to include criminal history, known associates, weapons usage, habits, vehicles, method of operation, or other available background information.
3. Survey the target locations to identify potential hazards and areas for surveillance, establish strategies and tactics for approaching, entering, securing, and leaving the target area.
4. Determine operational procedures, communications plans, as well as planning for arrests with defined responsibilities assigned to each officer involved.
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5. Ensure all necessary and reasonable safety precautions and procedures have been taken and sufficient security resources are coordinated. <43.1.5c>
6. Obtain, test, and assign necessary equipment or resources prior to the operation and ensure such usage is authorized and adheres to legal and approved use.
7. Hold briefings prior to the operation to familiarize all participating personnel with the objective and details (equipment, vehicles, roles, clothing, etc.) of the operation.
8. Ensure confidentiality of the operation is maintained and tactics are approved and conducted in accordance with department training.
9. Ensure all notifications have been made, such as Communications, squads, outside entities and law enforcement agencies, Commonwealth’s or Town Attorney, etc.
10. Document the results and any other pertinent information in a supplemental report. <43.1.5d>
VII. RECOGNITION OF CASUAL CLOTHES PERSONNEL
At times, officers may enter an active scene or participate in an operation wearing casual clothing. It is important that such officers take appropriate safety precautions. The following shall apply:
1. When entering a scene, officers in casual clothes must conspicuously display their badge, and a police armband or raid jacket shall be worn.
2. The Communications Section shall be notified in advance when it is anticipated that officers in casual clothes will be present or entering a scene.
3. Officers will use extreme caution when confronting suspected officers wearing casual clothes. A position of advantage (cover) should be obtained prior to issuing a challenge and officers shall state in a loud and clear voice, “Police – Don’t Move.” Officers shall proceed with caution until the identity of the officer wearing casual clothes has been confirmed.
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4. When participating in a preplanned operation, officers in casual clothes shall: a. Be prepared to be challenged as to their identity.
b. Remain immobile unless given a directive to move.
c. Obey the commands of the directing officer, which may include submission to arrest.
d. Only produce identification when directed to do so.
e. Verbally announce their identity and state the existence of a badge, credentials, and if they are armed.
f. Ask for clarification of directions given if any are unclear.
g. Perform a recognition signal when directed to raise hands by raising them over the head, crossing them at the wrists with the palms forward and fingers widespread.
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Operations Section 314 Effective Date: February 2014 Page 1 VICTIM/WITNESS ASSISTANCE
I. POLICY
A. Victims and witnesses of crime have mandated rights pursuant to the Code of Virginia §19.2-11.01. The Department recognizes and supports the rights of victims and witnesses of crime, and is committed to treating them with fairness, compassion, and dignity by facilitating the provision of appropriate programs and services. The Department coordinates assistance for victims through the Fairfax County Victim Services Section which provides comprehensive services to crime victims and witnesses at each stage of the criminal justice process.
B. The following services are provided to crime victims and witnesses through the Victim Services Section:
• 24 hour on-call crisis intervention, which includes identification, information and referral, and management; • Court-related victim/witness services; • Information, referral and community networking; • Assistance with restitution and compensation; • Victim impact statements; • Jail notification; • Victim/witness protection; • Public awareness, education and outreach. The Victim Services Section conducts a periodic victim/witness needs assessment as appropriate to assist the agency in providing necessary programs and services. II. TERMINOLOGY
o Victim – defined in the Code of Virginia §19.2-11.01, for the purposes of identifying those persons who may benefit from mandated services, as a person who has suffered physical, psychological, or economic harm as a direct result of the commission of (a) a felony, (b) assault and battery in violation of § 18.2-57 or 18.2-57.2, stalking in violation of § 18.2-60.3, a violation of a protective order in violation of § 16.1-253.2 or 18.2-60.4, sexual battery in violation of § 18.2-67.4, attempted sexual battery in
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violation of § 18.2-67.5, or maiming or driving while intoxicated in violation of § 18.2-51.4 or 18.2-266, or (c) a delinquent act that would be a felony or a misdemeanor violation of any offense enumerated in clause (b) if committed by an adult; (ii) a spouse or child of such a person; (iii) a parent or legal guardian of such a person who is a minor; (iv) for the purposes of subdivision A 4 only, a current or former foster parent or other person who has or has had physical custody of such a person who is a minor, for six months or more or for the majority of the minor's life; or (v) a spouse, parent, sibling, or legal guardian of such a person who is physically or mentally incapacitated or was the victim of a homicide; however, "victim" does not mean a parent, child, spouse, sibling, or legal guardian who commits a felony or other enumerated criminal offense against a victim as defined in clause (i).
III. COORDINATION AND PROVISION OF SERVICES
A. Officers shall provide crime victims/witnesses with the Crime Victim/Witness Assistance Form (HP 1310) which describes applicable rights, services and other useful information. Once an officer distributes an HP 1310, it shall be noted in the incident report and indicated by checking the “victim services” box in the Records Management System. In all cases when an HP 1310 is issued, the officer or detective shall notify both the Records Section and the Criminal Investigations Section supervisor by e-mail with the case number.
B. The authority and responsibility for administering and coordinating the Department's role in victim/witness assistance rests with the supervisor of the Criminal Investigations Section. The Criminal Investigations Section supervisor will monitor all applicable investigations and ensure that copies of cases are forwarded to Victim Services. The Criminal Investigations Section supervisor is responsible for maintaining liaison with the Fairfax County Victims Services Section to ensure that victim/witness referrals are based on accurate and current knowledge of the services available, that copies of cases arrive in a timely manner, and to maintain the effectiveness of the program.
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C. The Records Section aids the crime victim/witness referral process by monitoring daily reports and forwarding copies of eligible reports to the Victim Services Section when instructed to do so by the Criminal Investigations Section supervisor. In addition, the Records Section will notify the Criminal Investigations Section supervisor if a case is identified that may require victim/witness intervention but where the HP 1310 was not initially provided.
D. Requests for 24-hour, on-call crisis intervention services needed from the Victim Services Section may be initiated by an officer or detective through the Communications Section, where contact information for Victim Witness Services will be readily available.
E. Confidentiality of victim/witness information shall be maintained consistent with applicable law. As appropriate opportunities arise, efforts will be made to inform the public and the media about victim/witness rights and assistance.
IV. ASSISTANCE TO VICTIMS
The Department and the Victim Services Section will work together during all phases of the investigation and criminal process to ensure that needs of the crime victim/witness are met. The following is an overview of assistance provided for the crime victim or witness through these phases.
A. Preliminary Investigations During preliminary investigations, officers provide crime victims with the Crime Victim/Witness Assistance Form (HP 1310) describing their rights, available services, contact information for the Department and Victim Services Section, and other pertinent information.
B. Follow-up Investigations During follow-up investigations, periodic contact with the crime victim/witness is made by the Victim Services Section to ensure access to programs or services are being met. Other assistance during this stage may include:
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1. Communication with the victim/witness to explain the procedures involved in the prosecution of their case and their role in the process. 2. Communication with the victim/witness to ensure that the scheduling of line-ups, interviews, or other required appearances is convenient, and assisting with or providing transportation. 3. Facilitating the prompt return of any property taken as evidence, as permitted by law or not restricted by evidentiary purposes.
C. Arrest and Post-Arrest When a suspect in a case is arrested, the investigating officer or the Victim Services Section will, whenever possible, notify the crime victim/witness of the arrest, the specific charges placed, and the custody status of the arrestee immediately after the arrest. In instances where an arrestee poses a physical threat to a victim/witness of a crime, every reasonable effort will be made to ensure that the victim/witness is notified of the arrestee's release from custody.
D. The Department will provide advice or assistance as applicable by law to victims and witnesses of crime who have been threatened or express credible reasons for fearing intimidation or further victimization and will work with such victims through the Victim Services Section to facilitate resources or services which may be available to them.
V. NEXT-OF-KIN NOTIFICATIONS
A. The Department must make next-of-kin notifications regarding a death, serious injury or serious illness necessitated by events occurring within the Town, or at the request of another law enforcement agency for next-of-kin located within the Town. In order to ensure such notifications are conducted promptly and in a considerate manner, the following procedures shall apply.
1. All next-of-kin notifications are to be made in person when the next-of- kin is located in the Town. The notification must be delivered to an adult. 2. The duty supervisor is responsible for ensuring a timely notification to next-of-kin.
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2. If possible, assistance in notifications should be obtained from the police chaplain or another officer. 3. The supervisor making the notification shall offer assistance to the family member in contacting close relatives, friends or clergy that can provide comfort to the next-of-kin. 4. In cases meriting media release, the name of the deceased, injured or ill person shall not be authorized for public release until reasonable efforts have been made to notify the next-of-kin and approved by the Chief of Police or designee. 5. Notification requests received via VCIN/NCIC shall follow procedures outlined herein.
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Operations Section 315 Effective Date: July 29, 2015 Page 1 MISSING PERSONS
I. PURPOSE
All missing person investigations (adult and juvenile) shall be promptly and thoroughly investigated with all appropriate notifications or alerts made.
II. TERMINOLOGY <41.2.5g, 41.2.6>
• MISSING CHILDREN will be categorized by the following criteria:
Disability Child is under proven physical/mental disability thereby subjecting themselves or others to personal or immediate danger Endangered Child missing under circumstances indicating their physical safety is in danger Involuntary Child missing under circumstances indicating the disappearance was not voluntary Juvenile Child under 18 who is missing and does not meet the disability, endangered, or involuntary criteria; should not include children under 12; includes runaways. Missing Child Child between the age of 18 and 21 who is missing and does not meet the disability, endangered, or involuntary criteria; child entered as Missing Person Other
• MISSING ADULTS will be categorized by the following criteria:
Disability Person is under proven physical/mental disability or is senile thereby subjecting themselves or others to personal or immediate danger Endangered Person missing under circumstances indicating their physical safety is in danger Involuntary Person missing under circumstances indicating the disappearance was not voluntary
Catastrophe Person missing after a catastrophe Victim Other Person 21 or older who is missing and there is a reasonable concern for their safety, but does not meet the criteria for any other category Herndon Police Department
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• AMBER Alert – (America’s Missing: Broadcast Emergency Response) – An AMBER alert is a collaboration with local broadcasters in child abduction investigations to alert the public of a missing endangered child in an expeditious manner.
• Virginia Endangered Missing Child Media Alert – A viable alternative to the AMBER Alert in those incidents that do not meet all the criteria or the AMBER Alert is not authorized, the Virginia State Police will issue an Endangered Missing Child Media Alert.
• Virginia Senior Alert - a tool to help locate missing and endangered senior adults via a broadcasting system throughout Virginia, which can supplement a local plan.
• Form SP-183 – (Virginia Missing Children Information Clearinghouse Report) for missing children under 21 years of age.
• Form SP-67 – (Virginia Missing Person Information Clearinghouse Report) for missing adults over 21 years of age. III. POLICY
A. Missing person reports can be taken at any time; there is no requirement that a person be missing for a specific period of time before a report can be taken. A report of a missing person shall be investigated if:
1. The missing person is domiciled in the Town of Herndon, even though the last known location may have been in another jurisdiction. 2. The missing person is a suspected victim of a criminal act which occurs or originates in the Town of Herndon. 3. A missing person is being sought by another law enforcement agency and such agency requests assistance from the Department. 4. The missing adult was last seen or known to be in the Town of Herndon and the jurisdiction from which the person disappeared refuses or is incapable of investigating the case.
B. Missing Children <41.2.6a> Pursuant to Virginia Code 15.2-1718, within two hours of receiving a report, Herndon Police Department
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missing children who meet one of the defined categories, must be entered into VCIN/NCIC, an SP 183 transmitted to the Missing Children Information Clearinghouse at the Virginia State Police, other law-enforcement agencies in the area notified, and an investigation of the case initiated.
C. Missing Adults Pursuant to Virginia Code 15.2-1718.1,2, within two hours of receiving a report, missing adults who meet one of the defined categories, must be entered into VCIN/NCIC, an SP 67 transmitted to the Missing Person Information Clearinghouse at the Virginia State Police, other law-enforcement agencies in the area notified, and an investigation of the case initiated.
IV. PROCEDURES
A. COMMUNICATIONS <41.2.6e>
Communications personnel, upon receiving a report of a missing person, shall:
1. Obtain basic facts, details, description of the missing person, and any other pertinent data (juvenile, adult, vehicle information, suspected abduction, etc.) <41.2.5a> 2. Determine if applicable conditions exist (such as a disability, suspicious circumstances, or involuntary disappearance) that would place the missing child or missing person in danger. 3. Expeditiously dispatch an officer to respond to the reporting person to initiate a preliminary investigation. 4. Disseminate description and known details of the missing person to patrol units and other agencies - basic information should include the person’s height, weight, complexion, hair color, clothing, location where person was last seen, and other known risk criteria of the disappearance. <41.2.5b> 5. Notify the Squad Supervisor for all missing person cases. <41.2.6b> Notify Criminal Investigations if it is apparent that a child abduction has occurred. 6. Upon receipt of information that meets the entry criteria and a VCIN/NCIC request, enter into VCIN/NCIC. Missing person reports must be entered into VCIN/NCIC and the appropriate clearinghouse form (SP 183 or SP 67) submitted to the clearinghouse at the Virginia State Police within two hours of the initial report. <41.2.6c> Herndon Police Department
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7. The officer completing the clearinghouse form shall be designated the primary officer for a point of contact on the missing person case. 8. If an alert (AMBER Alert, Senior Alert) is requested by a Lieutenant, transmit the specific alert forms to the Virginia State Police. Alerts cannot be activated by the Virginia State Police without completion of the VCIN/NCIC entry, the submission of the clearinghouse form, and the specific alert request forms. 9. If an alert is approved by Virginia State Police, modify the VCIN/NCIC entry to reflect the update. Notify surrounding police jurisdictions as appropriate and anticipate increased calls from the public. 10. Upon closure, remove from VCIN/NCIC along with applicable alerts as appropriate. All lookouts, teletypes, or electronic messages shall be cancelled. <41.2.5c>
B. FIRST RESPONDERS <41.2.6e>
1. Interview the person making the initial report, identify the circumstances of the disappearance, and determine if the missing person is in immediate danger. 2. If the missing person is considered in danger, update the Squad Supervisor immediately. <41.2.6b> 3. Obtain a detailed description of the missing person and other critical information by completing mandatory data elements provided on Form SP- 183 (Virginia Missing Children Information Clearinghouse Report) for missing children, or Form SP-67 (Virginia Missing Person Information Clearinghouse Report) for all other persons. Ensure that the clearinghouse form is signed by an appropriate person (required for VCIN/NCIC entry). The signature of the investigating officer will suffice in the absence of a parent, legal guardian, next of kin, or other authoritative source. Obtain a photograph and any other available information that could help identify the missing person. 4. Relay basic information such as description and circumstances of the missing person to Communications to disseminate to patrol units and other agencies. 5. Conduct a search of all surrounding areas around the home including vehicles and other places of concealment. 6. Ensure that missing persons are entered into VCIN/NCIC as soon as possible. This can be accomplished by providing required basic entry information to Communications via Mobile Computer Terminal, radio, or telephone, and then hand delivering the completed Form SP-183 or SP-67 within the two hour limit as required by law. Alerts, if applicable, cannot be activated by the Herndon Police Department
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Virginia State Police without completion of these entries. 7. If the missing person meets the criteria for an AMBER Alert or a Senior Alert, complete the alert request forms and notify the Squad Supervisor within the two hour limit. Alert Plans with request forms are stored on the J:Drive under Herndon Police Directives/Missing Persons Guides. 8. Coordinate timely information with the Squad Supervisor and/or Criminal Investigations: <41.2.6f> a. As soon as possible, if circumstances surrounding the disappearance places the missing person in personal or immediate danger; b. Following preliminary investigation if the missing person is not located; juveniles missing for more than 48 hours, or adults missing for more than 5 days. Officers must be mindful of this timeframe and ensure appropriate action as it may conflict with shift schedules and days off. 9. It is the investigating officer’s responsibility to ensure that missing persons are immediately removed from VCIN/NCIC after they have been located. Officers locating a missing person shall notify the reporting person. All lookouts, teletypes, or electronic messages shall be cancelled.
C. SUPERVISOR RESPONSIBILITY <41.2.6e>
1. Obtain briefing and information from the responding officer and Communications personnel. 2. Ensure first responder duties are accomplished and appropriate forms are completed within the prescribed timeframes. 3. Notify the Lieutenant if it is determined that the missing person is in danger. Notify Criminal Investigations if it is apparent that a child abduction has occurred. 4. If the missing person meets the criteria for a specific public alert, confer with the Lieutenant. Once the Lieutenant approves the authorization to process a specific public alert, ensure the alert process is completed. 5. Ensure that all necessary resources, equipment and assistance are available to conduct an efficient investigation. Coordinate a systematic search of the immediate area including the use of K-9 and/or other specialized resources. 6. Determine if outside resources are needed. (State Police, FBI, Specialized Units, other jurisdictions, etc.) Ensure coordination/cooperation among all personnel and outside agencies as appropriate. <41.2.5f>
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D. LIEUTENANT RESPONSIBILITY
1. Obtain briefing and information regarding the missing person from the Squad Supervisor. 2. Confirm the determination that the missing person is in danger. Ensure Criminal Investigations is aware and notify the Field Operations Division Commander, Chief of Police, and the Public Information Officer. 3. Based on the established criteria for a public alert, approve/deny authorization to activate request for an AMBER Alert or a Senior Alert. 4. Coordinate information updates with the Field Operations Commander and the Public Information Officer.
E. CRIMINAL INVESTIGATIONS <41.2.6e,f>
1. Missing person reports (juvenile or adult) which place the missing person in personal or immediate danger; or juveniles missing for more than 48 hours, or adults missing for more than 5 days, shall be investigated by the Criminal Investigations Section. The assigned detective will become the new point of contact. 2. Obtain a briefing from the first responder and other on-scene personnel and contact the reporting person. Verify the accuracy of information developed from the first responder during the preliminary investigation. If the first responder is unable to obtain a photograph, ensure that one is obtained. 3. Obtain all pertinent and critical information to conduct an investigative follow- up. All investigative leads shall be pursued, and an ongoing communication with the reporting person maintained until the investigation is brought to a conclusion or the missing person is located. <41.2.5e,f> 4. Conduct a criminal history check on all principal suspects and other persons of interest. 5. Provide the reporting party with a telephone number for further contact of the assigned detective. 6. Review and evaluate all available information and evidence collected. 7. Notify the FBI in a timely manner if a child “of tender years” (defined as an age where a child is generally incapable of fending for themselves, usually considered age 12 or younger), has disappeared under mysterious circumstances or a confirmed, non-custodial abduction has taken place so that the FBI can assist in the investigation. 8. No later than 60 days after the original entry of the record into VCIN/NCIC or Herndon Police Department
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other local systems, verify and update such records with any additional information. The update should include, when available, medical and dental records, dental characteristics, scars, marks and tattoos, fingerprints, along with additional articles of clothing, jewelry, or unique possessions.
F. ALERTS <41.2.5d>
Requesting activation of a Virginia AMBER Alert or a Virginia Senior Alert can be utilized as a tool to alert the public’s help in locating endangered missing persons and involves qualification and a set procedure prior to activation. The AMBER and Senior Alert guides are stored in the J:Drive under Herndon Police Directives/Missing Persons Guides. Only a Lieutenant or above can authorize a request to activate a public alert.
G. AMBER ALERT CRITERIA <41.2.6d>
The following criteria must be met in order to process an AMBER Alert. If all of the criteria is not met, an AMBER Alert will not be activated, but an Endangered Missing Child Media Alert may be used.
1. The abducted child must be 17 years of age or younger or is currently enrolled in a secondary school in Virginia regardless of age and the Department believes the child has been abducted. 2. The Department believes the abducted child is in imminent danger of serious bodily harm or death. 3. A law enforcement investigation has taken place that verified the abduction or eliminated alternative explanations. 4. Sufficient information is available to disseminate to the public that could assist in locating the child, suspect, and/or the suspect’s vehicle. 5. The child must be entered into VCIN/NCIC missing person files. 6. The Virginia AMBER Alert form authorizing release of information must be signed and submitted to the Virginia State Police.
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H. SENIOR ALERT CRITERIA <41.2.5f>
The following criteria must be met in order to process a Senior Alert. If all of the criteria is not met, a Senior Alert will not be activated, but the information can still be provided to the media.
1. The missing senior adult, who is over 60 years of age and their whereabouts are unknown and they suffer from a cognitive impairment and they are unable to care for themselves, including a diagnosis of Alzheimer’s or dementia. 2. Their disappearance poses a credible threat to their health and safety. 3. A law enforcement investigation has taken place that verified the senior adult is missing and eliminated alternative explanations by a thorough search. 4. Sufficient information regarding the missing senior adult is available to disseminate to the public that could assist in locating the adult or their vehicle. 5. The missing senior adult must be entered into VCIN/NCIC missing person files. 6. A photograph of the missing senior adult must be provided to the Virginia State Police.
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Operations Section 316 Effective Date: February 18, 2021 Page 1 JUVENILE INVESTIGATIONS
I. POLICY
The department recognizes that effective police interaction and response to incidents involving juveniles requires balanced judgment, sensitivity, and discretion. Each juvenile investigation differs, based on the incident, and may require protective measures, alternatives to enforcement, or prosecution. The department will consistently seek a process that supports the safety and welfare of each juvenile involved in an investigation. <44.1.1> II. TERMINOLOGY
o Abused or Neglected Child – A child who is a victim of any offense or attempted offense involving violence or neglect when committed by a parent or person responsible for the child’s care or any other act that would mandate notification to Child Protective Services. (VA Code § 16.1-228) <44.2.2b>
o Juvenile/Child/Minor - a person under 18 years of age.
o Juvenile Offender - A juvenile alleged to have committed an offense that would subject an adult to arrest (a non–status offense).
o Secure Detention – An event triggered by the seating or handcuffing of a juvenile offender to a stationary object, which must be documented on a log, whereby a 6-hour restriction of time cannot be exceeded for the juvenile to be held at the department.
o Status Offender - A juvenile that commits a non-criminal act considered a violation of law because of the status of being a minor. Examples include underage possession of tobacco or underage use of alcohol, curfew violation, runaway or truant under the jurisdiction of a court for repeated offenses that are not crimes, or a child in need of supervision or in need of services. <44.2.2a>
III. GENERAL GUIDELINES
A. Officers will encounter juveniles involved in incidents or offenses that require careful consideration of the many legal and appropriate options where discretion or formal processing may be applied. In assessing options, officers should consider:
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1. The nature of the offense and the juvenile’s role in it,
2. The age of the juvenile,
3. Mental health of the juvenile,
4. Past police involvement with the juvenile,
5. Possibility of gang affiliation,
6. The availability of community-based programs for the juvenile,
7. The potential for an alternative referral to prevent further delinquent behavior,
8. The impact on the victim,
9. The impact on public safety.
B. Depending on the incident or offense, as legally applicable, the following options apply: (VA Code §16.1-246 and 247; §16.1-260(H) <44.2.1a-d>
1. Release the juvenile with no further action,
2. Release the juvenile to a parent/guardian with a warning,
3. Release the juvenile to school officials if enrolled and school is in session,
4. Release the juvenile to a parent/guardian with a voluntary referral to a social service agency or other diversion alternative,
5. Issue a Virginia Uniform Summons for notifications to appear in court. A summons should be issued in incidents covered under VA Code §16.1-260(H). However, for alcohol/drug related offenses and driving without an operator’s license, the juvenile must be released to the care of a parent/guardian.
6. Release the juvenile to a parent/guardian and refer to Juvenile Intake for further action as determined by the Juvenile Intake officer, which may result in diversion, an informal hearing, or prosecution.
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7. Arrest the juvenile offender and transport to Juvenile Intake without delay (unless a juvenile needs emergency medical treatment); ensure that efforts are made to contact and inform the juvenile’s parents/guardians. <44.2.2d>
C. Juvenile Case Reports Juvenile interactions and investigations shall be fully documented in an incident or supplemental report indicating the actions taken, forthcoming actions sought, and any updates to the case or adjudication. A copy of all reports involving juveniles (victims or offenders) shall be forwarded to the youth resource officer.
IV. CUSTODY OF JUVENILES
A. Juveniles taken into custody will be held temporarily and only as long as reasonably necessary to complete processing, facilitate release, or transfer. As soon as practical and applicable, juveniles taken into custody shall be released to the care of the juvenile’s parent, legal guardian, or other responsible adult, or transferred to a juvenile custody facility or other qualified authority.
B. Officers shall notify the parents of a juvenile taken into custody as soon as possible (criminal and non-criminal situations) by making reasonable attempts to contact the parent/guardian to advise them of the juvenile’s custody status and location. Officers shall document in the report the name, time, and telephone number of the parent/guardian contacted. <44.2.2e>
C. A supervisor shall be notified when a juvenile is taken into custody. The notification should include the specific reason and the proposed plan of release or transfer.
D. A juvenile may be taken into immediate custody in the following circumstances (VA Code §16.1-246):
1. With a detention order or warrant issued by a judicial authority.
2. When the juvenile is alleged to need services or supervision and there is a clear and substantial danger to the juvenile’s life or health, or custody is necessary to ensure the juvenile’s appearance before the court.
3. When in the arresting officer’s presence, the juvenile commits a crime, and the officer believes custody is necessary for the protection of the public.
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4. When the juvenile has committed an offense of shoplifting, assault and battery, brandishing, or carrying a weapon on school property, even though the offense may not have been committed in the presence of the officer who makes the arrest, provided that the arrest is based on probable cause on the reasonable complaint of a person who observed the alleged offense.
5. When there is probable cause to believe that the juvenile has committed an offense, which if committed by an adult, would be a felony.
6. When there is probable cause to believe that a juvenile committed to the Department of Juvenile Justice has run away or escaped from a jail or detention home.
7. When there is probable cause to believe that a juvenile has run away from a residential facility, child-caring facility, or home in which placed by the court or an appropriate social services agency.
8. When there is probable cause to believe that a juvenile is a runaway or is without adult supervision under circumstances that present a clear and substantial danger to the juvenile’s welfare.
9. When a juvenile is believed to need immediate in-patient treatment for mental illness. (Refer to Encounters with Emotionally Disturbed Persons General Order)
E. Juvenile Offenders 1. Juvenile offenders taken into custody will not be held at the department except for preliminary questioning. While in custody at the department, juvenile offenders must be under constant visual supervision and separated (sight and sound) from detained adults. As soon as practicable, juvenile offenders shall be transferred to a juvenile custody facility or other qualified authority.
2. Juvenile offenders can be handcuffed; however, if seated or secured to an immovable object while at the department (such as the fixed bench in the Processing Area, Room 128, a “secure detention” event occurs. (42 USC § 5633 - Juvenile Justice and Delinquency Prevention Act)
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At the point at which a secure detention of a juvenile offender occurs, a time restriction begins, and the juvenile cannot be held at the department more than 6 hours. For example, if a juvenile offender is seated or handcuffed briefly to the fixed bench while waiting to be questioned, the 6-hour limit begins at the time they were seated or secured. Any incidents of secure detention of a juvenile offender must be documented and maintained on a log to include the juvenile’s name, age, race/ethnicity, most serious charge, case number, date and time secured, date and time leaving the department, and the officer’s name. This log must be maintained in the Processing Area, Room 128 and made available to the DCJS Compliance Monitor when audited.
F. Status Offenders <44.2.2a> Status offenders should generally be released on a summons or with a warning rather than taken into custody, and the parent/guardian must be notified of the incident and/or the issuance of a summons. However, officers may take custody of a status offender as follows:
1. If requested to do so by a parent or legal guardian to facilitate reunification or if probable cause exists that a juvenile has run away from home and to facilitate release to the parent or legal guardian.
2. If a juvenile’s behavior, conduct, or condition presents a serious threat to their well-being and physical safety to facilitate immediate care, supervision, or services.
3. If a detention order or shelter care order exists for a juvenile and to facilitate the transfer to the juvenile custody facility or other court-ordered facility.
4. Status offenders taken into custody should not be held at the department, but every effort must be made to facilitate transfer of custody to a parent/legal guardian, or qualified authority as soon as possible. If a status offender must be held temporarily, it must be in the presence of an officer, separate (sight and sound) from detained adults, under constant visual supervision in an unsecured room such as the lobby interview room or the community room. Status offenders should not be handcuffed unless they are combative or threatening, and only if it appears reasonably necessary for the juvenile’s protection or the protection of others. The status offender shall not be seated or secured to an immovable object.
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G. Protective Custody <44.2.2b> Juveniles may be taken into protective custody for their safety or welfare due to abuse, neglect, or abandonment. Officers should contact Child Protective Services as soon as possible to coordinate care and transfer of custody. Juveniles taken in protective custody should not be held at the department except in emergency situations and while awaiting Child Protective Services to respond. In such circumstances, the juvenile must be held in the presence of an officer, separate (sight and sound) from detained adults, under constant visual supervision in an unsecured room such as the lobby interview room or the community room. The juvenile in protective custody shall not be seated or secured to an immovable object.
V. QUESTIONING OF JUVENILES
The protection of rights must be ensured when questioning juveniles. The purpose of any questioning will be for the furtherance of an investigation. <44.2.2c>
A. Non-Custodial Questioning <44.2.3b> The following are characteristics of non-custodial questioning of juveniles:
1. Conducted in a voluntary, non-threatening manner in a neutral or agreeable location where the juvenile’s freedom is not restricted.
2. Conducted with the permission of a parent, if possible.
3. Questioning ceases if requested by the juvenile or the parent.
4. Questioning of juveniles at school or school events regarding criminal activity should be coordinated with the youth resource officer.
B. Custodial Questioning <44.2.3a> 1. Juveniles in custody are entitled to rights, the same as adults, conveyed through Miranda warnings given prior to being questioned. Officers must evaluate whether the factors of age, experience, education, background, or mental capacity affect the juvenile’s ability to understand the warnings as well as the consequences of waiving those rights. In consideration of such factors, it may warrant explaining these rights in the presence of a parent, guardian, or other responsible adult. <44.2.2c>
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2. Parental presence during custodial interrogations will be at the discretion of the investigating officer; however, the juvenile may request the presence of a parent or guardian during questioning and has the right to refrain from answering questions without a parent present. Questioning may continue if a parent is requested; however, questioning must cease if the juvenile or the parent requests an attorney.
3. Officers shall not prolong the questioning of juveniles beyond what is needed to complete the investigation, or to compel a juvenile to provide information after they have expressed a desire not to cooperate. Questioning of juveniles will conclude in a reasonable amount of time, with consideration for the juvenile’s personal needs and will typically be conducted during reasonable times of the day or evening.
C. Questioning of Juvenile Victims In cases where the juvenile is the victim of a crime, officers should conduct interviews in child-appropriate interview facilities, or when possible, contact a child forensics investigator to conduct the interview. The utilization of the Child Advocacy Center to interview the juvenile may also be considered.
VI. CHILD ABUSE AND NEGLECT
The safety and welfare of juveniles is a high priority, and the department will investigate all reports or encounters of child abuse or neglect and promptly notify Child Protective Services when there is a reason to suspect that a child may be a victim. (VA Code § 63.2-1509; 22 VAC 40-705-30)
A. If no imminent danger to the child is evident, it should be documented in an incident report and turned over to the Criminal Investigations Section for a follow- up investigation.
B. If an imminent or immediate danger to the child’s life or health exists, the officer may take the child into protective custody, and Child Protective Services shall be immediately contacted (VA Code § 63.2-1517). The incident should be turned over to the Criminal Investigations Section for a follow-up investigation.
1. Before taking any child into protective custody, the officer should make reasonable attempts to contact Child Protective Services, as removal of a child
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from their family or other responsible adult should be left to the child welfare authorities who will assess the child for removal and plan arrangements for care.
2. Generally, officers should not remove a child from their parent or other responsible adult without a court order and only when no other effective alternative is reasonably available or safety dictates that immediate action is necessary to protect the child.
3. As soon as possible, the officer should inform their supervisor of the circumstances that warranted taking a child into protective custody.
C. Officers shall notify Child Protective Services for the following incidents:
1. An intentional act or omission by the caretaker of a child that causes physical injury or substantial risk of death, disfigurement, or impairment of bodily functions.
2. The failure to provide adequate food, clothing, shelter, supervision, or medical care.
3. Intentional emotional abuse that creates a substantial risk of impairment of mental function.
4. Any act of sexual exploitation or sexual act upon the child.
VII. YOUTH RESOURCE OFFICER <44.1.1>
A. The youth resource officer provides a dedicated focus to juvenile issues and is assigned to work at Herndon Middle School and Herndon High School. The position includes the following responsibilities:
1. Works closely with the schools and alongside the existing Fairfax County school resource officers to maintain safety and security in the schools.
2. Maintains active communication with school officials to exchange information about current crime trends, problem areas, conflicts or other areas of concern that may cause disruption at the school or within the community.
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3. Identifies crime trends and emerging concerns of youth affiliated with gangs.
4. Provides educational presentations on juvenile-related topics and issues.
5. Maintains order while acting as a visible deterrent.
6. Represents the department in youth outreach programs.
B. Notice to Schools on Certain Offenses 1. Law enforcement records concerning a juvenile are protected against disclosure to unauthorized persons; however, disclosure of an offense may be made to school officials in certain circumstances when it is necessary for the protection of the juvenile, other students, and school personnel. Notification to school officials should be made by authorization of the Chief of Police or designee and communicated through the youth resource officer, as follows:
a. A violent felony as specified in subsections B and C of VA Code §16.1-269.1,
b. A violation of any of the provisions of VA Code §18.2-77 et seq. (arson related crimes),
c. A violation of law involving any weapon as described in VA Code §18.2- 308(A).
2. Notification to school officials must be made for arrests of enrolled students aged 18 or older for offenses outlined in VA Code §19.2-83.1, as specified in subsection B.
3. The youth resource officer will be responsible to make notifications required by VA Code 22.1-279.3:1 to school officials for certain felony offenses or violations of the Drug Control Act, which occurred on a school bus, school property, or at a school-sponsored activity.
VIII. JUVENILE PROGRAMS <44.1.1>
A. Alternative Accountability Program The department has entered into a Memorandum of Understanding to participate in an Alternative Accountability Program that provides eligible juvenile offenders
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with a diversion option to avoid the court system. The program involves the voluntary participation of offenders, victims, and affected stakeholders in a comprehensive restoration approach that focuses on the development of a plan to repair the harm caused by the offense. Officers can elect to refer a juvenile charged with a criminal offense to this process based on the willingness and eligibility of the offender. The following steps are necessary for an officer to make a referral to the program:
1. Email the completed police report to Juvenile Intake to determine if the juvenile meets the eligibility threshold for participation in the Alternative Accountability Program, namely, absence of a prior offense.
2. If the juvenile offender is not eligible for the program, if it is deemed unsuitable, or the process is not completed, the referring officer will revert to established requirements for ensuring the juvenile offender is processed through the court system.
3. If the juvenile offender is deemed suitable for the program, the officer may be called upon to provide additional information and voluntarily participate in the process.
B. SHOCAP The department participates in SHOCAP (Serious Habitual Offender Comprehensive Action Program), an inter-agency program of the court, police departments, and allied social service agencies to involve certain serious juvenile offenders for program services and enhanced supervision to proactively steer the juvenile away from criminal conduct. The program is court-ordered and strict rules of probation/parole are put in place to include curfews and drug/alcohol screens. The Criminal Investigations Section supervisor will be the point of coordination with the program for the department.
C. Other Juvenile Intake has information on available diversion alternatives that may be applicable to the incident or offense and should be contacted for options that may best serve the juvenile or the incident.
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IX. ANNUAL REVIEW
The lieutenant charged with oversight for the Criminal Investigations Section shall prepare an annual review to evaluate juvenile enforcement and prevention programs, for submission to the Chief of Police through the chain of command. The review will contain the following: <44.1.3>
1. Juvenile enforcement statistics, 2. Department’s involvement in outreach and prevention programs, 3. Youth resource officer activities, 4. Suggestions/recommendations for programs or improvements.
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I. POLICY
Police encounters with persons displaying symptoms of social, mental or behavioral problems require an officer to make an immediate judgment about the mental state and intent of the individual. Determining the best course of law enforcement action is dependent on the nature of the call, the perceived threat of the individual, and available resources. Ideally, contacts with emotionally disturbed persons should result in a referral to an appropriate facility on a voluntary basis; however, if public safety demands otherwise, involuntary detention measures must be initiated. Placing criminal charges for the purpose of taking such persons into custody should only be used if there is probable cause for an arrest and no alternative methods are available to maintain public safety or provide appropriate medical care. II. TERMINOLOGY
Clinician – a mental health professional skilled in the diagnosis and treatment of mental illness.
Crisis Intervention Team (CIT) – personnel who have received specialized training in responding and resolving situations involving mental illness or developmental disability.
Emotionally Disturbed Person (EDP) – a person exhibiting immediate or persistent signs or symptoms of social, mental, or behavioral problems characterized by abnormal cognitive, emotional, or behavioral functioning.
Emergency Custody Order (ECO) – a civil process that authorizes officers to take a person into emergency custody, based on specific criteria and probable cause, for a mental health evaluation.
Petitioner – any person with firsthand knowledge or probable cause that the EDP needs help; in some cases, officers may become petitioners.
Temporary Detention Order (TDO) – A civil process that authorizes officers to take a person into custody for involuntary mental health treatment.
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III. INDICATORS OF AN EMOTIONALLY DISTURBED PERSON (EDP) <41.2.7a>
A. Persons exhibiting signs or symptoms of abnormal cognitive, emotional, or behavior functioning must be treated with special care due to their vulnerability or potential for violence. The mental state of an individual may be affected by chemical abuse, a significant life event, or other illness or condition, and as a result will cause them to exhibit certain signs and symptoms which would classify them as a known or suspected EDP. Regardless of the cause or the crisis, officers must pay special attention to the indicators of an EDP and effectively and legally handle the person and the situation for the safest outcome. Given the unpredictable and potentially violent nature of an EDP, officers shall not compromise or jeopardize their safety or the safety of others when confronted by persons exhibiting signs or symptoms of an EDP.
B. Some signs and symptoms that may indicate an EDP include:
1. Delusions or hallucinations;
2. Unusual speech patterns such as nonsensical, excited or loud speech, word repetition; responding to voices or objects that are not there;
3. Acute depression and/or agitation;
4. Strange posture or mannerisms, repetitive actions;
5. Suicidal or violent talk or behavior;
6. Confusion and disorientation;
7. Lack of emotional response or inappropriate emotional reactions or social withdrawal;
8. Visual appearance displaying lack of self-care or inability to perform activities of daily living.
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IV. COMMUNICATING WITH EDPs <41.2.7c>
A. Proper communication skills are key factors to effectively handling or de- escalating a situation involving an EDP. The goal of each encounter with an EDP is to safely control the situation in a professional and compassionate manner and prevent a destructive or violent confrontation. The following procedures shall apply when communicating with persons known or suspected of an EDP:
1. At least two officers shall be dispatched to any call for service involving a person displaying symptoms of an EDP. A “Crisis Intervention Team” (CIT) officer should be dispatched if available.
2. If a CIT officer responds, they should be responsible for the call, to include dialogue with the person in crisis, determine the appropriate action(s) to be taken, and complete the necessary paperwork.
3. Individual officers who encounter an EDP on a call should request back-up as soon as practical.
4. Only one officer should communicate with the EDP. The contact officer should consider the following techniques during the communication process:
a. Speak in a clear and calm manner, introduce yourself and ask for their name.
b. Assure the person of their safety, acknowledge their actions and ask them to explain what is happening with them.
c. Attempt to calm the individual by showing an understanding/empathy of their feelings.
d. Encourage communication and allow the person to vent their emotions.
e. Ask one question at a time and allow the individual adequate time to answer.
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f. Maintain eye contact and repeat the question if the individual is distracted, appears confused, or disregards the question.
g. Ask the individual to repeat any instructions they are given to ensure comprehension.
h. Ask open-ended questions to avoid yes or no answers.
i. Avoid whispering and laughing, as this behavior may increase suspicion and decrease cooperation.
5. Secondary officer(s) will:
a. Act primarily as a cover officer and if the situation/manpower permits, communicate with family, friends, or others regarding the EDP for additional information and medical history of the person.
b. Direct the separation of friends, family, and others from the scene if their presence serves to agitate the EDP.
6. All officers should:
a. Maintain a non-threatening posture and tone of voice;
b. Avoid being deceptive as much as practical;
c. Utilize appropriate safety tactics and techniques;
d. Establish a safe tactical position;
e. Avoid physical contact with the person unless force becomes necessary due to the individual becoming violent or dangerous toward themselves or others;
f. If feasible, formulate an arrest plan should it become necessary to take the person into custody.
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V. RESOURCES <41.2.7b>
A. Merrifield Center The Merrifield Center is the primary resource available to the Department for referral and assessment services as well as emergency services for individuals experiencing a psychiatric crisis. Resources to assist persons with mental illness, substance use disorders, and intellectual disabilities are governed and planned by the Fairfax-Falls Church Community Services Board, and services are provided through the Merrifield Crisis Response Center (Merrifield Center). It is a licensed facility staffed by clinicians to provide assessment services, but it also includes a level of security necessary to ensure custody of affected persons. It is advisable to call ahead of any visit. The Merrifield Center provides the following services:
1. Consensual Referrals Contact information may be given to refer affected persons or family members to Merrifield Center on their own for needed services.
2. Voluntary Referral Assistance Depending on the need, if an EDP voluntarily agrees to a mental evaluation and a family member or other responsible person is not available, an officer can have them screened by a clinician at Merrifield Center.
3. Involuntary Referrals If an EDP appears to be in need of emergency mental health treatment based on appropriate criteria outlined in Code of Virginia 37.2-808, the person can be taken to Merrifield Center for an ECO pre-screening.
4. Mobile Crisis Unit Mobile Crisis is a unit of the Merrifield Center that provides mobile in-person evaluation, treatment or crisis intervention for serious cases, depending on the situation and availability. They are accessible on a 24-hour basis and should be called to respond to hostage, barricade, mass casualty and critical incident situations. They can also be called to follow-up on referrals from police in cases where a mental health consultation and intervention would be beneficial.
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VI. VOLUNTARY PROCESS
A. Persons who appear to be in need of mental health treatment but have not committed a crime and do not pose an imminent danger to themselves or others, should be referred to local resources for help. Seeking a voluntary solution to resolve the situation is preferable.
B. A family member or other responsible person should be sought to assist the EDP to obtain needed treatment as they would be helpful and familiar with their medical status, information regarding a private physician, or other personal resources for immediate care.
C. Persons who have been, or are under the care of a private physician, should be referred to that physician, if possible.
D. In most cases, the family should transport the EDP to the mental health facility; however, police may be called to assist family members with crisis intervention or safe transportation to the closest available facility. Such cases will be deemed voluntary and family members will be responsible to accept the EDP at the facility, following police transport.
E. Local mental health referrals include:
1. Merrifield Center 8821 Willow Oaks Corporate Drive Fairfax, VA
2. INOVA Fairfax Hospital 3300 Gallows Road Falls Church, VA
3. Northern Virginia Mental Health Institute 3302 Gallows Road Falls Church, VA
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4. Dominion Hospital 2960 Sleepy Hollow Road Falls Church, VA
5. INOVA Mount Vernon Hospital 2501 Parkers Lane Alexandria, VA
6. Children’s Regional Crisis Response Program (CR2) CR2 should be referred to families as a resource for juveniles (17 and younger) facing a mental health and/or substance use crisis. Officers can also seek their services in incidents where their trained counselors can provide phone screening and face-to-face assessment, intervention, and support to the family and juvenile following police assistance. CR2 is a private entity which operates at no cost to the family and responds to incidents with the goal of preventing hospitalization. Officers identifying incidents or circumstances which require attention for the juvenile, but do not rise to the level of probable cause for involuntary admission, should contact a representative from CR2.
E. If a family member or other responsible person is NOT available to assist an EDP who voluntarily agrees to a mental evaluation, an officer can assist by having them screened by a clinician at Merrifield Center. However, consideration should be given to the following:
1. If an officer assists an EDP with a voluntary evaluation, the officer must remain with the EDP until they have completed a clinical evaluation and are released.
2. If an EDP voluntarily consents to an evaluation, they can change their mind or withdraw their consent at any time in the course of obtaining an evaluation. Unless criteria exist to invoke emergency custody, the officer shall terminate assistance and release the EDP. In such circumstances, the following procedures shall apply:
a. Officers shall immediately notify their supervisor regarding a withdrawn consent for a voluntary evaluation.
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b. Officers shall ensure that the person is returned to the original encounter location, or close to it.
c. Officers shall document their action in an incident report and include the date/time of encounter; name of person; whether transport was provided, and the starting and ending locations of the transport.
d. Officers should provide pertinent details of the event to the mental health clinician.
F. During a voluntary process, if the EDP revokes their consent but meets the criteria for emergency custody, officers shall take custody of the EDP and proceed with an involuntary process. Officers must relay pertinent information surrounding the emergency custody to the mental health clinician.
VII. INVOLUNTARY PROCESS
A. An involuntary process should be sought for persons who appear to be in need of emergency mental health treatment and based on probable cause, there exists a substantial likelihood that:
1. The person will, in the near future, cause serious physical harm to themselves or others as evidenced by recent behavior, or based on actions or statements made by the EDP;
2. The person will suffer serious harm due to their lack of capacity to protect themselves from harm or to provide for their basic needs;
3. The person is in need of hospitalization or treatment and is unwilling or incapable of consenting to such treatment.
B. Officers should refrain from initiating an involuntary process unless law enforcement intervention is required or there is no relative or other responsible person available to pursue the process. Assistance from qualified clinicians must be sought to provide effective screening prior to any involuntary admission,
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especially if there is any reasonable doubt about a person's likelihood to present a danger to themselves or others.
C. In cases where 1) an ECO has been obtained, 2) custody has been assumed under the 8-hour rule, or 3) a person after voluntarily consenting to be transported revokes their consent but is still kept in custody because probable cause exists that they meet the criteria for emergency custody; the person shall be provided an explanation of the emergency custody process.
D. Emergency Custody
1. Officers may initiate an involuntary process pursuant to the provisions of the 8-hour Emergency Custody rule as outlined in Section 37.2-808 (Adults) and 16.1-340 (Juveniles), Code of Virginia. The determination to initiate emergency custody shall be based upon statements from reliable sources or officer observations that law enforcement intervention is necessary. A TDO must be obtained by the officer for the person taken into custody within 8 hours. If an order is NOT obtained within 8 hours, the person must be released. The officer executing a TDO is not required to attend the subsequent hearing unless they are named as a petitioner.
2. A family member, physician, or other responsible person may petition a magistrate for an ECO for a person who is believed to be in need of emergency mental health treatment. A magistrate will decide, based upon the specific circumstances, whether to issue an ECO or a TDO for execution by law enforcement.
3. As soon as practical after execution of an ECO or after emergency custody has been initiated, the officer shall call the Merrifield Center pre-screener to inform them of the person’s name and date of birth, pertinent details of the emergency, and include their estimated time of arrival.
4. Although Merrifield Center has assigned law enforcement to provide security during an evaluation process for persons taken into emergency custody or pursuant to an ECO, the officer remains primarily responsible for the person’s custody until it is determined that custody can be transferred to a Merrifield
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Center officer during the process. If a TDO is issued, the officer may be required to provide transportation to the designated facility unless the Fairfax County Sheriff’s Office is available to assume custody and provide transportation.
E. Temporary Detention Order (TDO)
TDOs are authorized by Virginia State Code 37.2-809, 37.2-809.1 and 37.2-810.
1. Persons taken into custody pursuant to a TDO remain the responsibility of the officer until custody is assumed by receiving personnel at the designated treatment facility named on the TDO. Under these circumstances, officers do not have to remain at the designated treatment facility (final drop off point) while the screening process takes place.
2. If medical clearance is necessary to be obtained separately from the designated treatment facility (final drop off point), then the officer must obtain medical clearance and remain with the person until custody is assumed at the designated treatment facility.
3. To avoid confusion, officers must read the TDO carefully to determine the location of the designated treatment facility listed on the order. FOR EXAMPLE, if the TDO names the “Northern Virginia Mental Health Center” as the designated treatment facility and it requires medical clearance through the emergency room at Fairfax Hospital, then the transporting officer shall remain with the person in the emergency room until the person is cleared by medical staff, and then transport the person to the “Northern Virginia Mental Health Facility” as the final drop off point.
4. In instances when a transport for individuals under a TDO is required to psychiatric facilities that are located in non-adjoining jurisdictions, the Fairfax County Sheriff’s Office (Adult Detention Center Control Booth) should be contacted by the on-duty supervisor to request transportation assistance. Pursuant to the agreement with the Fairfax County Sheriff’s Office, if deputies are available and absent exigent circumstances, they will transport persons under a TDO to designated mental health facilities in Virginia beyond the
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territorial limits of Herndon and its adjoining jurisdictions. All pertinent information necessary to facilitate the transportation request shall be provided to the Fairfax County Sheriff’s Office personnel. If the Fairfax County Sheriff’s Office is unable to assist, two officers will be required to transport the individual to the facility named on the TDO. If the Fairfax County Sheriff’s Office can only provide one deputy, another officer will have to go along to assist with the transport.
5. Occasionally, the Department will be contacted by a local agency who has executed a TDO on a person that is a resident of the Town of Herndon to request assumption of custody and transportation to the designated facility named in the TDO. Officers must respond and follow custody and transportation procedures as mandated by law and outlined in this policy.
F. Service of Mental Detention Orders/Warrants, Escape Warrants
1. Communications personnel who receive a request for the service of a warrant/order should record the necessary information for the dispatch of an officer. The warrant control person should be notified of the status of the warrant/order and such warrant/order should be entered into the Department's active warrant file if not served immediately. All internal department paperwork required for processing warrants must also be completed for mental petitions.
2. The officer receiving the warrant/order should immediately verify that it has been properly completed and signed. Special instructions as to the time of service or place of detention should be noted.
3. If the warrant/order cannot be served within the same shift as received or at the time designated, the issuing authority should be notified and provided with the reason service could not be made. The issuing authority determines whether another attempt at service should be made later or whether the warrant/order should be returned to the court or detention facility.
4. Officers are required to fill out the execution block on the lower left-hand corner of the order. The mental detention order is not valid until this is done.
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The hospital or other institution can refuse to accept patients who are presented for admission if the detention order is not properly executed.
G. Commitment Hearings Following Involuntary Detention
1. The officer executing the TDO is NOT required to attend the hearing unless they are named as the petitioner or are subpoenaed. If the officer is the petitioner, they must be present at the commitment hearing which is normally held at the detention facility where the person is being held. This should only occur in cases where immediate detention is necessary and there is no relative or other responsible person available to request detention.
2. A commitment hearing is held within 72 hours of the execution of the TDO. If the 72-hour period terminates on a Saturday, Sunday, legal holiday or day on which the court is lawfully closed, the person may be detained until the close of business on the next day that is not a Saturday, Sunday, legal holiday or day on which the court is closed. At the commitment hearing, the person is provided with the opportunity to accept voluntary admission. If the person accepts voluntary admission, the judge or special justice requires that they accept treatment for a period of 72 hours. If a person is unable or unwilling to accept voluntary admission, they are informed of their right to a commitment hearing and representation of counsel. The petitioner is then provided with adequate notice of the date, place and time of the hearing.
VIII. DIVERSION
A. EDPs who have committed low level offenses may be referred to the Merrifield Center under the Diversion First Program, as an alternative to arrest. The goal of the program is to intercede whenever possible to provide assessment, treatment, or needed support. The diversion program is not eligible for subjects who have committed violent offenses or felonies.
B. The decision to use the diversion program shall rest with the investigating officer. The officer, based upon their training and experience and not any formal medical assessment, must determine offenders who indicate signs or symptoms of an EDP.
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C. Officers who encounter an EDP who has committed a low-level offense must determine if there is a victim in the case who wishes to pursue charges. The officer shall advise the victim of the diversion program and determine if they will forgo charges in lieu of diversion. If the victim refuses to consider diversion, the officer shall follow appropriate arrest procedures.
D. EDPs eligible for diversion shall have the process explained to them in an effort to gain their voluntary entry into the program. The explanation should include the alternative treatment at the Merrifield Center in lieu of having criminal charges placed. If the EDP voluntarily agrees to diversion, the officer shall transport them to the Merrifield Center. EDPs who do not agree to diversion and do not meet the criteria for involuntary detention should be processed in accordance with arrest guidelines.
E. An EDP who has committed a criminal offense and is transported to the Merrifield Center under voluntary circumstances, may leave the facility at any time. In this event, the investigating officer shall make the decision as to whether to obtain a warrant for the original offense. An EDP who is transported to the Merrifield Center under involuntary means will not be permitted to leave the facility until the evaluation is completed or the time limit has expired for the officer to lawfully detain the person.
F. EDPs who are involuntarily detained by an officer for an emergency psychiatric evaluation and who have committed a minor criminal offense may be eligible for diversion and may be transported directly to Merrifield Center for evaluation. This evaluation shall be conducted within the time period permitted for emergency detentions. During this time period, an officer must remain at the facility with the EDP until a TDO is issued, the EDP is released, or the EDP voluntarily agrees to enter the diversion program.
IX. CRIMINAL ARRESTS OF EDPs
A. EDPs may still be taken into custody if they have committed an offense warranting a custodial arrest.
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B. In arrest cases involving violent and serious crimes, EDPs shall be taken into custody and transported to the Fairfax County Adult Detention Center. Officers will advise booking deputies of the arrestee's apparent mental condition so that appropriate monitoring and referral to mental health care while in detention will occur.
C. If a crime is committed by an EDP that does not involve violence, but the person is considered a danger to themselves or others, the person will be taken into emergency custody and procedures associated with an “Involuntary Process” will be followed. If a TDO is issued, it will be executed, and the person will be transported to the assigned mental health facility. If a TDO is not issued, the person will remain in the officer’s custody and transferred to the detention center for processing in accordance with arrest procedures. If the person is remanded for further mental health treatment, criminal warrants may still be obtained, but executed only when the person is no longer detained for mental health reasons.
D. Interviews and interrogations may be conducted with EDPs. Officers are reminded that while established case law pertaining to Miranda warnings still apply, additional precautions are prudent to ensure that any waiver of rights is given knowingly and within reason. As such, the following should be considered: <41.2.7c>
1. Officers should not accept simple affirmations when it comes time to assess whether or not a person understands their procedural guarantees under Miranda. Persons should be asked to describe each stipulation of their procedural guarantees against self-incrimination prior to questioning.
2. Video and/or audio taping of interrogations involving EDPs should be conducted. Video or audio-taped interactions with the suspect may significantly aid in establishing the person’s level of mental comprehension prior to and during the interrogation.
X. TRANSPORTATION OF EDPs
A. Handcuffs should be used on any person taken into custody. Officers may elect not to use handcuffs for voluntary admissions or transports; however, they must
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be prepared to justify their decision. The decision to use additional restraining devices is based on the totality of circumstances and the potential for violence presented by the detainee.
B. Persons taken into custody or voluntary transports must be in a cruiser equipped with a safety barrier and one-way door locks.
C. Based on the totality of the circumstances, if the transporting officer on the scene feels that there has been no potential for violence presented by the detainee, one officer may make the transport with supervisory approval. However, two officers should be used in the transport of EDPs to designated mental health facilities in Virginia beyond the territorial limits of Herndon and its adjoining jurisdictions. Extremely violent persons may require special considerations and/or transportation by ambulance or other means. If local ambulance transportation is used, one officer may, if requested, follow the ambulance crew during transport.
D. Persons taken into custody who are obviously injured or in apparent need of medical treatment for conditions other than their mental disorder, must be examined by rescue personnel or taken to a hospital emergency room prior to further processing.
E. In some cases, a magistrate issuing a TDO may require that transportation be provided by an “alternative transportation provider” and will identify this provider in the order. In such cases, the officer shall:
1. Read the order carefully to ensure they have legal authority to execute the order and transfer custody to an alternative transportation provider.
2. Execute the order and take the person into custody.
3. Transfer custody of the person to the alternative transportation provider identified in the order.
4. Ensure that a copy of the ECO or TDO is provided to the person being transported.
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F. In the case of an apprehended escapee from an institution, the arresting officer must transport the person to the nearest magistrate, who will either find bed space for the person, or make arrangements to transfer custody to the Sheriff's Office. Until the magistrate determines placement, the arresting officer is responsible for custody of the escapee.
G. Following transport, officers should make every effort to fully cooperate with and assist personnel at the receiving facility, this includes compliance with any detention facility regulations concerning securing police weapons. Restraining devices should be removed as soon as it is reasonably safe to do so.
H. The officer transporting the detainee must advise the Communications Section of their destination and estimated time of arrival so that a telephone call can be made alerting the receiving facility that an EDP is enroute.
X. REPORTING PROCEDURES
A. A report must be submitted for all incidents involving EDPs by the assigned officer. All facts and circumstances should be included in the incident report.
B. Calls for service that are not originally classified as involving an EDP, must be reclassified as such prior to clearing if the situation results in an officer providing intervention/assistance to someone suffering a crisis.
C. A Communications Technician must be advised whenever the detention order/petition is served or returned to the issuer.
D. The custody of persons for reasons of alleged mental illness or escape from involuntary commitment must NOT be recorded on any Virginia Uniform Summons or CCRE forms. All facts and circumstances should be included in the incident report.
E. Any problems that arise concerning court procedures, contact with magistrates, or personnel at the receiving facility, should be brought to the attention of a Lieutenant.
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XI. TRAINING <41.2.7d,e>
A. New officers will receive documented initial training on issues related to EDPs at the Fairfax County Criminal Justice Academy and/or during the field training process.
B. Refresher training for Department members will be documented and provided annually.
C. Crisis Intervention Team training will be provided when available to enhance and supplement EDP training.
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1.6 DOMESTIC VIOLENCE
A. Domestic Violence With due consideration for their own safety, Department personnel responding to domestic violence calls shall restore order, summon rescue assistance as appropriate, arrest persons when probable cause exists that a crime has occurred, and provide safety and security for the victims. The Department understands that domestic violence differs from other crimes because of the unique relationship between the victim, or abused person, and the suspect or predominant physical aggressor. The Department will treat all domestic or family violence calls as a high priority call. Victims of this type of violence shall be protected and provided assistance through available community services. The goal of the Department is to reduce the incidence and severity of domestic violence.
B. Communications Section Responsibility 1. The call taker who receives a domestic violence call shall attempt to obtain all available information. A domestic violence call shall have the same priority as any potentially life threatening call, and whenever possible will have two officers dispatched. 2. In addition to information normally gathered, communications technicians shall attempt to determine and relay the following to responding officers: a. Whether there are injuries; b. Whether the suspect is present, and if not, the suspect's description and whereabouts; c. Whether weapons are involved; d. Whether the offender is under the influence of intoxicants; e. Whether there are children present; f. Whether an order of protection is on file; and g. The complaint history at that location. 3. Any criminal offense involving the use or threatened use of physical force, in which the parties involved appear to be family or household members, shall be classified as "DOMVIO" by the communications technician for CAD event entry purposes. If the event involves a specific weapon, the communications technician shall use the respective weapon event entry classification and describe the apparent relationship between parties in the narrative portion of the event entry. 4. Communications technicians shall not cancel police response to a domestic violence call based solely on a follow-up call from the residence. The
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communication technician shall advise the responding officers of the caller's request to cancel but the officers shall still investigate to ensure the safety of all concerned.
C. Responding Officer Responsibility 1. The responding officers should approach the scene of a domestic violence call as one of high risk. The officers should obtain all available information from the communication technician before arriving at the scene and notify the communication technician upon arrival. 2. The responding officers shall identify themselves as police officers, explain the reason for their presence, request entry into the home, and ask to speak to the person who is the subject of the call. If the person who called the police is someone other than the subject of the call, officers shall not reveal the caller's name. 3. If refused entry, officers shall be persistent about speaking with the subject of the call. If access is still refused, officers must consider the totality of the circumstances and determine if an exigent circumstance exists which would justify an immediate search of the premises for the subject of the call. Supervisory or command personnel should be consulted prior to an immediate search.
D. Preliminary Investigation Procedures 1. Once inside the home, officers should establish control by: a. Identifying potential weapons in the surroundings; 2. Separating the individuals involved; 3. Restraining the assailant, if necessary, and removing the assailant if an arrest is warranted; 4. Assessing injuries, administering first aid, and/or summoning emergency medical assistance; 5. Interviewing and identifying all persons involved and in the home. a. Officers should interview victims, witnesses, and suspects as thoroughly as circumstances allow. b. In interviewing the victim, officers should be supportive and inquire about previous domestic incidents, as well as their severity and frequency. The officer should not tell the victim what arrest decision has been made until all information has been collected. c. The officer should ask the victim if a protective order exists and if a copy is available. If a copy is produced it should be examined for restrictions imposed so that the officer can determine whether there is probable
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cause to believe the order has been violated, as it pertains to trespassing. If a copy cannot be produced, the officer must request that the communications technician query files to determine if an order exists, if it has been served, and applicable restrictions. (See Section 8, Protective Orders, of these General Orders) d. Children should be interviewed in a manner appropriate to their age. Signs of trauma or wounds on the child shall be noted by the officer. Evidence of abuse or neglect shall be investigated in conformance with General Order §44.2.6. Officers should note the presence of children in the incident report. 6. The officer shall collect and preserve all physical evidence reasonably necessary to support prosecution of a criminal violation. This would include evidence substantiating the victim's injuries, articles such as weapons or torn clothing that substantiate an attack, and evidence that would record the crime scene. Visible injuries will be photographed whenever possible.
E. Arrest Decisions 1. Officers having probable cause to believe that a violation of §18.2-57.2 or a violation of §16.1-253.2 has occurred shall arrest and take into custody the person he or she has probable cause to believe, based on the totality of the circumstances, was the primary physical aggressor unless there are special circumstances which would dictate a course of action other than arrest. When the safety of the complainant or victim could be compromised by an arrest, or if some other circumstance precludes physical arrest, the officer must decide, within his or her discretion, whether to arrest. 2. In determining the predominant physical aggressor the officer is to take into account: a. Who was the first aggressor; b. The protection of the health and safety of family and household members; c. The relative severity of the injuries; d. The likelihood of future injuries; e. Prior complaints of abuse; f. Whether one of the parties was acting in self-defense; g. Witness statements; and h. Other observations. 3. Officers should decide whether an arrest should be made based solely on the facts and circumstances relevant to a criminal violation. If the decision is made to arrest, the officer shall explain to the victim and suspect that the decision was
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at the discretion of the Commonwealth of Virginia, and was not the victim's. The victim will not be required to appear before the magistrate, but the officer will issue subpoenas to the victim and all witnesses to ensure their court appearance. 4. If there is evidence of mutual assault, and it may be concluded that one party was acting in self-defense, that party should not be arrested. Officers should not make mutual assault charges just because they are unable to determine the identity of the primary physical aggressor unless there is probable cause to believe such arrests are in the best interest of public safety, or such arrests are in the best interest of other parties, such as children or other family members. 5. If an arrest is made, the officer shall confiscate all weapons used or threatened to be used in the commission of the crime, and such weapons shall be held as evidence.
F. Arrests of Law Enforcement Personnel 1. If the predominant physical aggressor is a sworn employee of the Herndon Police Department, the responding officer shall notify the on-duty supervisor, who shall notify Internal Affairs pursuant to §52.2.1 and §52.2.2, and an internal investigation shall be conducted pursuant to §52.2.3E. 2. When the arrest of a sworn employee of the Herndon Police Department for domestic assault occurs, that employee shall be relieved of duty by the on-duty supervisor pursuant to §52.2.7. 3. Federal law states that any person (including a law enforcement officer) convicted under any state or federal law for a misdemeanor involving the use or attempted use of physical force, or the threatened use of a deadly weapon when committed against a current or former spouse, parent or guardian of the victim, a person sharing a child in common, or a cohabitant of the victim (past or present), is prohibited from shipping, transporting, possessing, or receiving firearms or ammunition. The offense may have occurred at any time. Law enforcement officers convicted of offenses involving weapons or threats of force may therefore be unable to maintain their certification. 4. Officers who are the subject of a protective order shall notify the Chief of Police immediately, shall turn in all agency-issued weapons, and shall not carry firearms. 5. If a sworn member of another law enforcement agency is identified as the predominant physical aggressor and charged with a violation of §18.2-57.2 or §16.1-253.2, the responding officer shall notify the Herndon Police Department’s shift supervisor. The shift supervisor shall notify the on-duty supervisor of that agency and relay all pertinent information.
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G. Habitual Offenders Repeat offenders of domestic violence arrests will be reviewed in accordance with §42.1.5 for potential increased investigation and prosecution efforts.
H. Victim Assistance 1. In all cases under this section, the investigating officer shall provide the abused person with an HP 1310 (Victim/Witness Information), which describes the resources available to assist domestic violence victims, such as the Victim Assistance Program, see Chapter 55. 2. Officers shall not leave the scene of a domestic violence incident until the situation appears to be under control and the reasonable likelihood of further violence has been eliminated. Officers should stand by while victims gather necessities for absences from the home, such as clothing, medication, and documents. 3. If the victim is unable to communicate in English, officers shall arrange for translation of all information concerning the availability of victim assistance resources. 4. Upon request of the victim, officers shall provide or help arrange transportation to a medical facility or emergency housing. In circumstances where the victim needs to leave their home, officers shall offer assistance in locating lodging with family, friends, in public shelters, or at domestic violence shelters.
I. Reporting Procedures 1. All cases of reported domestic violence shall be documented in writing. The officer preparing the report shall use the incident report. The narrative shall contain a complete summary of the elements of any crime committed and actions taken by persons involved. In cases where special circumstances dictate a course of action other than arrest, the officer shall describe the special circumstances in the narrative portion of the investigative report. 2. Upon request by the victim, a summary of the investigative report shall be provided by Records personnel who shall use standard summary forms.
J. Protective Orders 1. In all cases where a police officer makes an arrest under §19.2-81.3, he or she shall petition for an emergency protective order as authorized in §16.1-253.4, when the person arrested and taken into custody is brought before the magistrate. Regardless of whether an arrest is made, if the officer has probable cause to believe that a danger of acts of family abuse exists, the officer shall seek an emergency protective order under §16.1-253.4.
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2. Preliminary protective orders and protective orders are issued by judges of the circuit court, general district court, or juvenile and domestic relations district court, or magistrates in crimes where a spouse has been assaulted and is likely to be assaulted again. An officer, who has probable cause to believe that a person is in violation of §16.1-253.2, regarding protective orders, shall arrest and take into custody the person in violation of the protective order. The Code of Virginia, §19.2-81.3, gives the authority for a warrantless arrest in such situations, and officers shall proceed according to the conditions enumerated in every case where an arrest is made under this section.
K. Protective Order Files 1. Upon receipt of a protective order by the Herndon Police Department, the order shall be delivered to the on-duty communications technician, along with the HP 817 (NCIC/VCIN Requests), requesting that the order be entered. The communications technician shall enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia crime information network system. A copy of the protective order shall be served upon the person named in the order as soon as possible. When an officer makes service of a protective order, he or she shall notify the on-duty communications technician by forwarding the HP 817 (NCIC/VCIN Requests), requesting that the notification of service be entered. The communications technician shall enter the date and time of service into the Virginia crime information network system. The communications supervisor will maintain a protective orders file. 2. Officers that need information on a protective order shall query in this order: a. Herndon Police Department Files; b. Sheriff's Office Files; c. Juvenile and Domestic Relations Court Files. 3. One copy of a protective order shall be given to the allegedly abused person when it is issued, and one copy shall be filed with the officer’s report of investigation. The original copy shall be maintained in the protective order file maintained by the communications supervisor. 4. Victims should maintain their copy of a protective order but failure to do so will not relieve the officer of the responsibility of checking the preceding files. Officers must be cautious prior to taking enforcement action on any protective order. Probable cause must be present showing that a specific violation of an existing authenticated protective order has occurred. Officers shall verify as much information as possible on a protective order before any enforcement action is taken.
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Operations Section 319 Effective Date: October 22, 2019 Page 1 ARREST AND DETENTION OF NON-US CITIZENS
I. POLICY
The department values the diversity of the community it serves and recognizes that many individuals may not be citizens or legal residents of the United States. The department is committed to promoting safety and providing effective police services to everyone, regardless of citizenship. II. TERMINOLOGY
o Foreign National – Any person who is not a US citizen. Persons who are granted a resident alien registration card, commonly known as a “green card”, still retain their foreign nationality but are not US citizens even though they have permanent resident status in the US. Foreign nationals are subject to consular notification, if requested or required.
o ICE Warrant (Administrative Warrant) – A form issued by certain immigration officers that directs various federal immigration enforcement agents to arrest a deportable non-citizen. ICE warrants are issued for civil violations of immigration law, not criminal charges. They do not provide a basis for a local or state law enforcement officer or agency to arrest or detain anyone, nor do they provide probable cause of a crime.
o ICE/Immigration Detainer – A request from ICE to a state or local law enforcement agency or holding facility to hold/detain a non-citizen until the person can be taken into federal immigration custody.
o US Immigrations and Customs Enforcement (ICE) – The federal agency responsible for identifying, arresting, and removing aliens who present a danger to national security or are a risk to public safety, as well as those who enter the United States illegally or otherwise undermine the integrity of US immigration laws and border control efforts. Two sections of the agency are charged with immigration efforts; Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI). ERO handles enforcement and removal operations and HSI investigates criminal organizations illegally exploiting travel, trade, financial and immigration systems.
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III. GENERAL GUIDELINES AND CONSIDERATIONS
A. All individuals are encouraged to seek and obtain police assistance and protection regardless of their citizenship status. Assistance from immigrant populations is especially important when an individual, whether documented or not, is the victim of, or a witness to a crime. It is critical that these individuals do not feel uncomfortable or intimidated in coming forward with the requisite information and general firsthand knowledge to aid in investigating the crime. While it may be necessary to determine the identity of a victim or witness, members shall treat all individuals equally and without regard to race, color or national origin, or in any way that would violate the United States Constitution.
B. No person will be arrested or detained solely on an ICE warrant or a suspected violation of immigration laws.
C. The enforcement of civil immigration laws is the responsibility of the federal government; accordingly, the department will not undertake immigration-related investigations.
D. The specific immigration status of an individual or group of individuals alone shall not be a matter of police concern or subsequent enforcement action. Officers shall not routinely inquire into the specific immigration status of any person(s) encountered during normal police operations.
E. The department will cooperate and assist federal immigration officials when requested and in conjunction with a criminal investigation by any local, state, or federal agency and will notify federal officials in serious situations where a threat to public safety or national security is perceived.
IV. PROCEDURES
The following guidance applies to VCIN/NCIC wanted checks and citizenship inquiries that are necessary requirements in processing arrests.
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A. Inquiries into Citizenship 1. Officers shall routinely ask all persons arrested and taken into physical custody if they are a US citizen, to comply with consular notification requirements. Responses along with actions taken should be documented.
2. Officers shall not request identification documentation in lieu of, or in addition to, driver’s licenses and other standard forms of identification. However, other documents (such as passports, visas, resident alien cards (i.e., “green cards”), or travel documents (such as a national identity card) may be considered as appropriate forms of identification when voluntarily provided by the individual.
B. Arrests of Foreign Nationals 1. Foreign nationals arrested or detained are entitled to have their country’s consulate notified of their arrest or detention. However, certain countries require mandatory consular notification. Therefore, it is important to ascertain the foreign national’s representative country, and make the necessary notifications as requested or required. The legal responsibility for complying with consular notification requirements remains with the arresting officer. <1.1.4>
2. The US Department of State’s website has the latest information on consular notification requirements, contact info for foreign embassies and consulates, and the updated list of mandatory countries requiring notification. Officers shall obtain the necessary information at: https://travel.state.gov/content/travel/en/consularnotification.html Forms to facilitate the notification process are available at the holding facility upon request.
3. If the foreign national’s country does not appear on the mandatory notification list, the arresting officer will offer, without delay, to notify the foreign national’s consular officials of the arrest/detention. If the foreign national requests consular notification, then the arresting officer shall notify the nearest consular officials without delay.
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4. If the foreign national’s country appears on the mandatory notification list, the arresting officer shall notify, without delay, that country’s nearest consular officials of the arrest/detention and notify the foreign national that the notification is being made.
C. ICE Notifications
1. A wanted check through VCIN/NCIC and/or the submission of fingerprints of all persons arrested or detained may result in a NCIC “hit” of an ICE warrant. ICE warrants are issued for civil violations of immigration laws, not criminal charges. They do not provide a basis for local law enforcement officers to arrest or detain an individual, nor do they provide probable cause of a crime. The following shall apply:
a. If an individual is charged but is NOT taken into physical custody or transported to a holding facility, officers shall NOT notify ICE directly of a NCIC hit for an outstanding ICE warrant on the individual.
b. If an officer arrests and takes physical custody of an individual and the individual also indicates a NCIC hit for an outstanding ICE warrant, the officer shall notify the holding facility of the existence of the ICE warrant. It will be the holding facility’s responsibility, depending on their policy and procedures, to notify ICE that the individual is in the holding facility on a local charge.
c. ICE will then determine whether a detainer will be issued for the arrested individual. If issued, the detainer will be sent by ICE to the holding facility and/or to the local law enforcement agency requesting notification prior to releasing an arrestee so that ICE has the opportunity to arrange for the transfer of the individual to federal custody.
d. If the department receives the notification of a detainer from ICE for a person in custody resulting from an arrest by an HPD officer, it shall be presented to the holding facility as soon as practicable, unless otherwise prohibited by law.
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2. Officers shall not initiate contact with ICE concerning any person and shall not participate in any civil immigration related investigation unless at least one of the following conditions is met.
a. The person is arrested for any felony.
b. Officers have probable cause to believe the person is participating, has participated, or is in association with organized criminal activity involving violence (such as gangs), distribution of illegal drugs, or other serious criminal activity that threatens public safety.
D. Assistance Requested by ICE Officers shall not directly participate in any operations solely for the civil enforcement of federal immigration laws unless at least one of the following conditions are met:
1. Participation is in direct response to a request for assistance on a temporary basis and is for “officer safety” purposes.
2. Participation will be for assistance in the apprehension of any individual who is also wanted on a criminal warrant from Virginia or other jurisdiction which remains in full force and effect at the time of the request.
3. Participation will be for assistance in operations to identify, arrest, and remove aliens who present a danger to national security or are a risk to public safety.
4. Any arrest by an officer during the request for assistance by ICE shall be based upon probable cause that the detained individual is or was involved in criminal activity other than a civil violation of federal immigration laws or is wanted by Virginia or any other jurisdiction on a criminal warrant.
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Operations Section 320 Effective Date: February 23, 2021 Page 1 COMMUNICATIONS
I. POLICY
The Communications Section serves as the primary point of contact to direct proper police response to the public for emergency and non-emergency service requests. Communications personnel are responsible for effectively receiving and recording service requests, data, and activity, communicating appropriate information, and dispatching police resources.
II. TERMINOLOGY
o Active units – Patrol units that have been dispatched to an incident, either on their way or arrived, and appearing as active on the CAD screen.
o Assistant Communications Supervisor – A supervisor that functions as a dispatcher and manages communications personnel and authorized systems, provides training, and oversees daily operations.
o CAD (Computer Aided Dispatch) – A software program used by communications personnel to input call information, communicate, and record dispatching activities, monitor the status of responding officers, and interface with mobile systems and other external information systems.
o Call Taker – Department personnel who have completed departmental communications training in answering emergency and non-emergency calls and initiating information into CAD. Call takers must work with a certified communications technician.
o Public Safety Operations Manager (Operations Manager) – The manager of the Communications and Records Section, who oversees communications center and Records operations, personnel, and equipment.
o Communications Technician – Technicians that have completed Basic Dispatch School and additional job-related training for state certification and are certified operators of the VCIN/NCIC system.
o Teletype – Administrative information received from other law enforcement agencies through the VCIN/NCIC agency terminal.
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o VCIN/NCIC – The Virginia Crime Information Network/National Crime Information Center, a regulated state and national communication and information system for criminal justice agencies.
III. ADMINISTRATION
The Communications Section provides 24-hour, toll-free voice, text, and TDD telephone access to emergency and non-emergency calls, records and directs police response, utilizes specialized communication equipment and information systems, and processes criminal justice information. <81.2.1>
A. Continuous Coverage Communications technicians provide continuous operational coverage of the Communications Center by assigned shifts and shall remain on duty until relieved by a technician covering the next shift.
B. Shift Assignment 1. Communications technicians work an established shift schedule. There are two permanent shift assignments—days and nights. The pattern schedule is ongoing and is maintained in the department’s scheduling application. The operations manager shall be responsible for ensuring that the schedule is current and meets staffing requirements.
2. The Support Services Division commander may reassign communications technicians to temporary shift assignments for special situations or staffing needs. Notwithstanding, nothing in this policy shall prevent the Chief of Police or the Support Services Division commander from utilizing other shift configurations in times of emergency or need.
3. The operations manager and/or assistant communications supervisor is responsible for ensuring minimum staffing requirements are met and an orderly transition occurs between shifts in the Communications Center.
4. Communications technician trainees and call takers are required to work with a certified communications technician in the Communications Center.
5. The operations manager is responsible for providing on-call coverage for critical staffing shortages and assisting with critical communications equipment issues.
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C. Shift Rotation and Bidding 1. Communications technicians typically remain in a shift assignment for 12 months until transferred or reassigned.
2. Shift assignments are reviewed and rotated annually following the open bidding process. Technicians’ requests for specific shifts will be considered, but placement in shift assignments will be determined based on seniority (years of service), performance, or emerging needs of the department. The following summarizes the open bidding process:
a. The Support Services commander shall announce the annual open bidding process in a memorandum.
b. Communications technicians shall submit a request for shift preference for the upcoming year in response to the open bidding announcement.
c. Shift assignments and transfers will be effective for one year following the first pay cycle in January.
3. Shifts and assignments will be reviewed, as appropriate, to balance staffing needs, update shift bidding requests, or implement other deployment changes. The Chief of Police or the Support Services commander reserves the right, however, at any time to transfer, move, or place technicians on shifts as necessary or as needs dictate.
4. Communications technicians in training may be required to rotate shifts for a specified period to accommodate orientation or training requirements. 5. Communications technicians may exchange a single shift if both shifts occur in the same week. A shift exchange form (HP 152) must be submitted and approved by the operations manager within three days of the shift for the exchange to be authorized. Copies of the approved shift exchange form, with authorizing signatures, will be provided to both affected communications technicians, and the original form will be retained. Communications technician trainees are not eligible to request shift exchanges until they are released from training.
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D. Coordination with Patrol Communications technicians shall stay informed of daily patrol operations through the roll call report and must ensure that teletypes and pertinent or timely information is updated for squad briefings.
E. FCC Requirements 1. All Herndon Police Department radio operations shall, without exception, be conducted in compliance with Federal Communications Commission (FCC) procedures and requirements.
2. The Herndon Police Department participates in the Fairfax Regional Digital Public Safety Radio System, licensed to Fairfax County by the FCC. The original FCC license is posted at the Fairfax County Radio Engineering and Services Branch, and a copy of the license is maintained by the operations manager.
F. Reference Resources Communications personnel have ready access to the following: 1. Supervisor in charge, <81.2.5a> 2. Duty roster of all personnel, <81.2.5b> 3. Telephone number of department members, <81.2.5c> 4. Visual maps of the service area, <81.2.5d> 5. Written procedures and telephone numbers for procuring emergency and necessary external services to the department, <81.2.5f> 6. Tactical dispatching plans. <81.2.5g>
IV. OPERATIONS
General guidance is provided on Communications Section operations – refer to Communications SOPs or training for comprehensive procedures.
A. Calls
1. Communications personnel shall promptly answer all incoming calls and obtain and record appropriate information required in CAD. The amount of information necessary will depend on the nature of the call. Communications technicians and call takers are trained to gather relevant descriptive details to assess each call for service or officer-initiated activity and to recognize and anticipate officer safety conditions to dispatch a response and assign a priority.
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2. Communications personnel are not permitted to refuse calls for police service. If a caller will not provide the location and police cannot be readily dispatched; communications personnel will notify the squad supervisor of the circumstances of the call and the caller’s failure to provide information.
3. Police services may be requested by telephone, in person, by letter, electronic mail or text, or self-initiated by an officer. The following information must be recorded before dispatching an officer to a call:
a. Location of the incident, and suite or apartment number if applicable, <81.2.3e> b. Type or nature of incident, <81.2.3d> c. Name, address, and telephone number of the caller, <81.2.3c> d. Name of business, if applicable, e. Description of the incident, f. Time lapse of the incident, g. Disposition or status of the incident, <81.2.3j> h. Other pertinent or critical information necessary regarding the call.
4. The CAD will automatically record the following call information: a. Date and time of the call, <81.2.3b> b. Reference or Control #, <81.2.3a> c. Identification of officers assigned as primary and backup, and status indicators <81.2.3f, 81.2.5e> d. Time an officer is dispatched, arrives on scene, and clears the call, <81.2.3g,h,i> e. The beat, report area, and priority of the call.
5. Every call shall be documented by initiating a new event in CAD. When a new event is created, a reference number will automatically be generated. Events that do not result in police being dispatched, will be cancelled by the corresponding code.
6. A police incident report number shall be generated in CAD at the request of the primary officer or any officer assigned to the same incident. Requests to cancel police incident report numbers must be submitted to the Records Section to include the case number to be deleted and the reason for deletion.
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7. Communications technicians will determine, to the extent possible, the priority of the incident and the urgency of the response needed based on the following:
a. In Progress – the incident is a high priority and is considered currently in progress or having occurred within five minutes of the emergency contact; there is the possibility that the suspect may still be present.
b. Just Occurred – the incident is an elevated priority with the event having occurred within 30 minutes of the contact; it is assumed that the suspect has left the scene but may still be in the area.
c. Report – the incident occurred more than 30 minutes prior to the contact and assumes the suspect is not in the area.
8. For crimes in progress, just occurred, or any situation where the caller may be able to provide supplemental information; communications technicians shall remain on the phone with the caller to obtain and relay updates to responding officers. If a caller disconnects before units have arrived at the scene, communications technicians shall consider the immediate safety of the caller, and attempt to re-establish connection only when safe to do so. Technicians should not remain on the phone with callers or ask for updated information in any situation that so doing so would affect the safety of the caller.
9. Calls may be entered and dispatched with the nature code “Unknown” when communications technicians have obtained a location, identified a high priority incident or caller in distress, and are unable to appropriately classify the call due to an uncooperative or otherwise unresponsive caller. For unknown calls, communications technicians must remain on the phone with the caller or re- establish telephone connection to clarify the nature of the call and identify potential threats at the scene.
10. Communications technicians may receive calls to request information or services available for victims and witnesses. Communications technicians must determine the specific need, if a crime should be reported, and the emergency or non-emergency nature of the request so that an officer can be dispatched accordingly. The responding officer will determine if the request requires investigation or a referral for services to meet the needs of a victim or witness. <81.2.6a,b,c>
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11. Emergency notification calls regarding a death, serious injury, or illness received for affected individuals in the town will be handled as a call for service subject to the availability of officers. A squad supervisor should be consulted regarding the priority and delivery. <81.2.10>
12. In the event the Communications Section receives an emergency call intended for another law enforcement agency, the caller shall be instructed to remain on the line while the call is promptly relayed to the appropriate agency. If the call is determined not to be an emergency, the caller will be given contact information for the intended agency. <81.2.11>
13. The operations manager will regularly review random recordings of calls for quality assurance and ensure standard protocols are met. Complaints alleged against communications personnel will be directed to the operations manager for handling.
B. Dispatching a Response 1. A single unit will be dispatched to handle routine calls for service, but backup units will be dispatched to calls for service whenever additional officers are required, such as in the following incidents: <81.2.4e>
a. To ensure the safety of the primary officer, b. To adequately and effectively handle multiple tasks required at a scene, c. To control an escalating situation, d. For occupied suspicious vehicles or traffic stops with multiple passengers, e. Traffic control assistance, f. To assist with the apprehension of suspects, g. When the primary officer requests backup.
2. Cancellation of backup units may not be requested before arriving to the scene. Squad supervisors may assign backup units at their discretion or as the situation dictates. If a squad supervisor cancels a backup unit to a call fitting the criteria for additional responding officers, communications technicians shall record the cancellation and overriding decision in the call information notes.
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3. At least two units will be dispatched to the following types of calls: <81.2.4g> a. Officer needs help, b. Crimes in progress or just occurred where the location needs to be checked for suspects, c. Assaults, d. Weapons, e. Domestic violence, domestic disputes, f. Emotionally disturbed persons, g. Alarms and open windows or doors, h. Other calls that need additional officers to ensure safety or efficiency in handling a situation.
4. A supervisor will be dispatched to any situation or event where it is requested or required, such as in the following incidents: <81.2.4f> a. Use of force incident, b. Any complaint involving an officer, c. A serious accident, injury, or incident involving department personnel or a department vehicle, d. Major crimes such as a murder, robbery, burglary, or assault where serious injury or death occurs, e. Barricade/hostage situations, f. Emergency circumstances, whether natural or man-made, including severe weather conditions.
5. Communications’ broadcasts and dispatches carry the authority of a staff order. If a question arises as to the direction given, the squad supervisor should be consulted.
6. When officers conduct activities other than calls for service, (out-of-service, meetings, community outreach, follow-ups, etc.) the communications technician will record the events in CAD as “administrative tasks”.
7. Officers will be dispatched to respond to commercial and private residential alarm calls.
8. If there are no units available to dispatch to a call for service, technicians will immediately notify the squad supervisor by radio of a holding call and record the time of notification in the information notes of the call.
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9. When an officer is dispatched to a call, communications technicians must assign the unit to the call in CAD. Any officer not dispatched by Communications, but responding to a call, shall notify Communications by radio of their response to the incident.
10. Communications technicians will monitor the status of active units at established intervals based on the nature of the incident. Traffic stops and other calls that have the potential to escalate will be checked on a more frequent basis.
11. Communications technicians are prompted through CAD to check on the status of officers, and when prompted, they must inquire, record the status, and reset the timer for the next interval. An officer may request extension of the timer but may not cancel it. If the interval of time is extended, the communications technician will indicate the extension in the notes. Officers may not extend the timer beyond 30 minutes at a time.
12. Communications technicians shall not check on the status of officers when the channel is closed, and will resume only when the channel is reopened, unless directed by a supervisor. Squad supervisors may request communications technicians check on the status of active units at any time.
13. Critical incidents and special events require focused communications and tactical considerations. In such circumstances, communications technicians will give priority to emergency traffic. For critical incidents, communications technicians shall be familiar with responsibilities outlined in the All Hazard Response Plan. Special operations, such as a tactical operation or a special event, require a prepared operation plan prior to the operation or event. Communications technicians shall be familiar with the protocol and directives of a special event or an operation plan.
C. Radio Operations Effective and efficient radio interaction between Communications, police units, and other agencies requires proper radio protocol. The department has multi- channel mobile and portable radios capable of two-way operation on a joint public safety frequency. The department adheres to clear speech guidelines which consist of concise, discernible phrases in plain English without the use of “10-codes”. The only exception to this protocol will be the universally accepted “10-4” code, which
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equates to “message received” and “Signal” codes for certain sensitive information.
1. Officers are responsible for maintaining effective radio contact with Communications during their tour of duty to indicate their status of en route, arrival, clearing, stops, and self-initiated activity, out-of-service, as well as other administrative activities. If active units have not provided their response status, technicians will prompt officers for this information to ensure an accurate record of activity is documented. <81.2.4a,b>
2. Radio transmissions shall be professional, brief, and contain only the necessary information.
3. An alert tone is sounded prior to broadcasting an in-progress or just occurred priority call to indicate the nature and urgency of the call. When an alert tone has been sounded, officers and communications technicians shall give precedence to the priority call.
4. Certain information is restricted by law or is sensitive in nature for broadcasting over the radio. Communications technicians shall apply the following:
a. Broadcasting of criminal history information is prohibited unless it is critical to officer safety, such as “armed and dangerous” alerts, etc. If such information is transmitted, it must be preceded with a “Signal 4”.
b. Broadcasting of operator’s license conviction records and concealed weapons permits must be preceded with a “Signal 4”.
c. Specific medical information is restricted, but for officer safety, communications technicians must instruct officers to “use universal precautions” if medical information is known and relevant to a call.
d. Mental health conditions or medications are restricted; but due to the need for officer safety, communications technicians must advise officers of mental health alerts by using the term “EDP” or “Signal 34”.
5. Communications technicians and officers shall exercise discretion before broadcasting the names of complainants, suspects, or juveniles on the radio.
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6. Communications technicians will advise officers, as appropriate, with emergency weather related conditions or operational impacts that may affect officer safety.
7. The department participates with the Police Mutual Aid Radio System (PMARS) for interagency communications. <81.2.4d>
D. Mobile Computer Terminal (MCT) Exchanges The MCT supplements radio operations and communications technicians must effectively respond to officers’ requests for service information, database inquiries, and status updates. Exchange of information over the MCT allows radio channels to be readily available for priority communications.
V. EQUIPMENT AND SYSTEMS
The operations manager is primarily responsible for maintaining the equipment and systems in the Communications Section and coordinating the update, repair, or replacement of the systems.
A. Computer Aided Dispatch (CAD) The CAD system manages the functional, geographic, and documented activity of incidents and events. The operations manager will work with IT or command staff to maintain the CAD system and ensure it is updated as needed and working effectively. All officers and communications technicians will be assigned a unit number in the CAD system (CAD designator) and activity will be recognized according to these assignments. Communications will maintain a master list of all designators and new designators will be assigned as applicable. <81.2.4c>
B. Portable and Mobile Radio Systems <81.2.2> 1. The radio system, with multichannel mobile and portable radios, provides continuous radio transmission capability between the Communications Section and officers on duty within a joint public safety frequency or frequencies. The operations manager shall coordinate periodic evaluations of the system to ensure radio equipment is fully functional and capable of maintaining two-way transmissions with acceptable reception.
2. Patrol supervisors shall ensure that their squads have tested portable and mobile radio equipment prior to their duty shift. Defective or otherwise
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malfunctioning radio equipment (mobile or portable) must be reported to the operations manager, who will coordinate the repair or replacement.
3. The radio equipment room must remain locked. The primary keyholder is the operations manager; however, an assistant communications supervisor or a Patrol supervisor may access the radio equipment room utilizing the master key to address urgent equipment needs or repairs and document the actions taken on the equipment log.
4. The operations manager is responsible for maintaining the inventory of functioning radio equipment and retiring non-functional radio equipment. The operations manager shall inventory the functional equipment and retire non- functional equipment annually. The inventory list will be maintained in the radio equipment room, to include equipment issuance and assignments.
C. Digital Recording System 1. The operations manager is responsible for the maintenance, operation, and secure handling/storage of recordings of the digital recorder. The recorder shall have immediate playback capability and will continuously record all radio transmissions and emergency and non-emergency telephone lines within the Communications Section. Recordings shall be retained for a minimum of 90 days and will be secured in the radio equipment room. <81.2.7a,b>
2. Personnel who wish to review a recording for a criminal investigation, an internal affairs investigation, the investigation of an incident, or an authorized audit, shall submit a request to the operations manager or the assistant communications supervisor. The operations manager will maintain a log of all requests for recorded conversations. Only personnel authorized by the operations manager may duplicate recordings from the digital recorder. Nothing in this policy prohibits the immediate playback of recorded conversations by communications technicians for verification of information received. <81.2.7c>
D. Phone Systems The Communications Section monitors emergency 9-1-1, non-emergency, and TDD (telecommunications device for the deaf) phone systems and accepts text messages from mobile phones or devices. The emergency 9-1-1 calls are relayed through the Fairfax County Public Safety Communications Center.
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E. Regulated Information Systems 1. VCIN/NCIC/NLETS The department maintains designated access as a criminal justice agency to VCIN and other criminal justice networks and complies with state and federal regulations that govern access. Authorized users are certified as necessary by the state and will be assigned individual operator access. Should the VCIN connection be lost for an extended period, the operations manager, assistant communications supervisor, and the Support Services Division commander shall be notified, and the incident logged. Appropriate repair services will be initiated.
2. LInX (Law Enforcement Information Exchange) The department maintains an authorized connection to the LInX system which allows criminal justice agencies to share and access law enforcement data from other states, localities, and national databases to support investigative and tactical operations and information. The Communications Section will train and monitor individual user access.
F. Security Cameras Communications personnel monitor activity from the building security cameras, the sally port camera, and the processing area and ensure that the systems are functioning properly. The IT technician and the operations manager will be notified of non-functioning cameras to coordinate repair.
VI. SECURITY <81.3.1, 81.3.2>
A. Communications Section Access The Communications Section is a secure area and access is limited to authorized department personnel. Contractors and others that are granted limited access are subject to CJIS compliance and associated training. Members of the public or contractors without CJIS training must sign the visitor log and always be escorted by department personnel.
B. Facility and Equipment Security The department will take appropriate measures to protect the operations, specialized equipment, and applicable software applications of the Communications Section, to include transmission lines, antennas, and other necessary resources. Provisions for continuity of operations include:
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a. A back-up generator that is sufficient to ensure electrical power is restored in the event of a system failure.
b. An off-site, back-up communications center in the event of an incident that renders the primary center unavailable.
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I. PURPOSE
This policy establishes guidelines for maintaining, processing, and serving legal process.
II. AUTHORITY AND TYPES OF LEGAL PROCESS <74.2.1, 74.3.1, 74.3.2>
A. Only sworn officers are authorized to serve legal process within the Town of Herndon.
B. Authorized criminal process includes: 1. Warrants and capias under the authority of Virginia Code §19.2-76;
2. Search warrants under the authority of Virginia Code §19.2-56.
C. Authorized civil process includes the following. In such cases, the arresting officer will be responsible for obtaining and serving the order.
1. Emergency Protective Order (Domestic) under the authority of Virginia Code §16.1-253.4;
2. Emergency Protective Order (Stalking and other Non-Domestic related violent crimes) under the authority of Virginia Code §19.2-152.8;
3. Preliminary Protective Order (Domestic) under the authority of Virginia Code §16.1-253;
4. Protective Order (Domestic) under the authority of Virginia Code §16.1-279.1;
5. Temporary Detention Order under the authority of Virginia Code §37.2-810;
6. Emergency Custody Order under the authority of Virginia Code §37.2-808.
D. Squad supervisors shall assign warrants for service to avoid any undue delay in the execution of the legal process.
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III. MAINTAINING AND PROCESSING WARRANTS <74.1.3>
A. The Communications Section will maintain and process original warrants by receiving, entering, verifying, recording, clearing and cancelling warrant information in VCIN/NCIC and will monitor service attempts and service confirmations. All original warrants are kept in the Communications Section for 24-hour access. B. Receipt The following process shall be followed to indicate receipt of warrants: 1. All warrants received shall be stamped with the date of receipt by the communications technician prior to processing.
2. Upon receipt of a warrant to be served within the town, a communications technician shall determine if a case number has been assigned to the incident that will be used on all forms and paperwork associated with the warrant in the entry process.
3. If a previous case number does not exist, one shall be generated in the CAD system.
4. After a case number is identified or generated, the communications technician shall first check to determine if a recall notice from the court exists. All pending recalls can be found in the Recall of Process folder.
5. If a recall notice exists for a warrant, it shall be immediately returned to the court using a Warrant Return form (Form HP 605). The communications technician shall attach a copy of the applicable processing forms as documentation of the recall transaction and file the documents in the Recall of Process folder by applicable year in the warrant drawer.
C. Entry and Verification in VCIN/NCIC Warrants and wanted persons notices shall be entered in VCIN/NCIC by communications technicians in accordance with VCIN/NCIC’s established procedures. VCIN/NCIC manuals will be accessible in the Communications Section.
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1. Supervisory approval is necessary prior to making a VCIN/NCIC entry. Such approval is granted by the supervisor signing the VCIN/NCIC Request form (HP 817). The obtaining officer’s supervisor and/or the communications manager must sign the VCIN/NCIC Request.
2. All warrants shall be entered in VCIN/NCIC and approved for extradition from all states contiguous to Virginia. Extradition for felony warrants beyond contiguous states of Virginia must be preauthorized by the Commonwealth’s Attorney.
3. Upon entry of a warrant into VCIN/NCIC, the communications technician will attach all the terminal responses to the VCIN/NCIC retention card. The accuracy of VCIN/NCIC records must be double-checked by a second communications technician. This must include assuring that the available crosschecks such as descriptors, VIN, license numbers, etc. were made and data in VCIN/NCIC matches data in available resources. This may be done by requiring the investigating officer to check the record against the CCH, DMV return, RMS records or the officer's investigative report.
4. A warrant check must be performed through VCIN/NCIC to verify acceptance of the entry; then printed, initialed, and affixed to the VCIN/NCIC retention card. This action completes the secondary check of all VCIN/NCIC entries to minimize potential errors.
5. All warrant entries into VCIN/NCIC and associated documentation along with criminal history and driver’s history documents must be placed in the warrant basket for review by the communications manager before transferring to another jurisdiction for service.
D. Recording 1. The obtaining officer of the warrant shall submit an incident or supplemental report to their supervisor indicating a VCIN/NCIC entry request was completed.
2. If the wanted subject resides in the Town of Herndon, the officer's report shall include any specific instructions regarding the service of the warrant, which may be included as instructions on a Report Form (HP 8211).
3. The obtaining officer must complete a Threat Assessment form (HP 650) and
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submit to Communications. Alternatively, this form will be completed by a communications technician if the warrant was received by mail from the court or another jurisdiction.
4. A copy of each warrant must be created by the processing communications technician and kept with the Warrant Control form (HP 608).
5. Communications technicians handling warrants shall submit a supplemental report to the existing case number or an incident report detailing the receipt, entry, and processing of warrants.
6. Following entry into VCIN/NCIC, the communications technician processing the warrant shall additionally enter the following information, and any other pertinent information, into the department’s Records Management System (RMS) warrant module for each document received: <74.1.1>
a. date and time received;
b. type of legal process, civil or criminal;
c. nature of document;
d. source of document;
e. name of plaintiff/complainant or name of defendant/respondent;
f. officer assigned for service;
g. date of assignment;
h. case number, VCIN/NCIC number, and court docket number;
i. date service due.
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E. Clearing and Cancelling 1. A communications technician must indicate that the warrant was served by clearing the entry from VCIN/NCIC as well as recording the name and/or EIN of the officer who served the warrant in the department’s RMS and on the VCIN/NCIC retention card once the warrant has been removed. They shall also notify the obtaining officer of the warrant service via email.
2. When the court notifies the department that a previously issued warrant has either been recalled or withdrawn, the communications technician receiving such notice will complete and forward a Withdrawal of Authorization form (HP 610 or HP 611) to the obtaining officer and ensure that the warrant is removed from VCIN/NCIC as well as in the department’s RMS. The communications technician shall mark “RECALLED” on the VCIN/NCIC retention card when removed. After receiving a Withdrawal of Authorization form, the obtaining officer shall complete such further documentation as needed.
F. Audits and Reviews 1. VCIN entries are validated monthly by generating a random selection of entries to be sent to the case officer for review and validation. The case officer has ten days to respond and validate the entry so that the record is not purged by the VCIN system. This requirement is pursuant to VCIN rules for audit purposes.
2. Monthly audits of the warrant file will be conducted by the communications manager or designee, utilizing the Virginia State Police hot files as a cross- reference. Similarly, monthly audits are made of the active warrant file.
3. Felony warrants that are over seven years old and misdemeanor warrants that are over three years old will be forwarded to the Commonwealth’s Attorney for disposition and cancellation, pursuant to Virginia Code §19.2-76.1.
IV. SERVICE OF PROCESS
A. Active warrants will be maintained in the warrant file in the Communications Section. Officers will attempt or complete service on warrants from the active warrant file.
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B. It is the responsibility of the officer attempting to serve a warrant to ensure that the warrant is valid and properly executed as set forth under the provisions of the Virginia Code §19.2-76.
C. When an officer attempts or completes service of legal process, the following shall apply:
1. A completed Threat Assessment for each warrant must be reviewed prior to attempting service.
2. When attempting service, the officer must initiate a Warrant Control form (HP 608) for each case by completing the applicable sections of the form to indicate an attempt of service. The Warrant Control form will be left in the warrant basket and will document the status of service.
3. When service is attempted but not accomplished, the officer must complete the applicable sections of the Warrant Control form for the case and re-attach it to the process document before placing it back into the active file. The Warrant Control form shall always remain in the Communications Section until service is accomplished.
4. Upon service of a warrant, the arresting officer shall: a. Check VCIN/NCIC to determine the existence of outstanding warrants;
b. Direct the communications technician as soon as possible to remove the warrant from VCIN/NCIC with a completed VCIN/NCIC Request form; note completed service on the Warrant Control form for the case, and update the information in RMS;
c. Provide a copy of the served warrant if from another agency; and
d. Document the service on an incident report or supplemental report, whichever is appropriate.
D. The status of all legal process documents must be documented in an incident or supplemental report by the officer and submitted prior to the end of the shift to include the following: <74.1.2>
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a. date and time service executed/attempted;
b. name of officer executing/attempting service;
c. name of person on whom legal process was served/executed;
d. method of service/reason for nonservice; and
e. address of service/attempt.
E. If the threat assessment contains information that suggests a subject is dangerous or likely to flee, the officer shall consult with their supervisor to evaluate the situation and determine a course of action that presents the least potential risk to the public and the police. F. A warrant that must be sent to another agency for service will include a letter and worksheet to be attached to the warrant. The letter and worksheet will be attached to the Warrant Control form along with two copies of the warrant and retained in the Communications Section in the warrant drawer. The communications technician will consistently update the status and location of the warrant in RMS via the “tracking” function. Additionally, the communications technician must submit a supplemental report documenting any changes and shall send notification detailing service of a Herndon warrant to the officer responsible for the case.
G. Upon return of an unserved warrant, a supplemental report will be completed by the communications technician indicating the receipt and disposition of the document. A copy of the supplemental report will be forwarded to the officer responsible for the case. The warrant will be placed in the inactive warrant file, located in the warrant drawer, along with the copies retained by Communications pending further information. A supplemental report and computer entry update must be made prior to the warrant being placed in the inactive warrant file.
H. An audit of the inactive warrant file will be conducted monthly by the assigned communications technician.
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I. Warrant Service Coordination with Outside Jurisdictions 1. When an outside agency has served a Herndon warrant, transportation responsibilities for the transfer of custody of the detainee will be coordinated with the Fairfax County Sheriff's Office. However, at times, due to proximity, Fairfax County Police Department or Loudoun County Sheriffs’ Office may contact the department to facilitate the detainee’s transfer of custody due to an active Herndon warrant.
2. When officers serve an outside agency’s warrant, the detainee will be transported to the Fairfax County detention facility. However, due to proximity, contact may be made with Fairfax County Police Department or Loudoun County Sheriffs’ Office to facilitate the detainee’s transfer of custody due to an active warrant originating from these agencies.
3. Officers who physically transport a warrant to another Virginia jurisdiction for service shall coordinate the service with the law enforcement agency of that jurisdiction, in accordance with Virginia Code §19.2-76.
J. Time Requirements for Execution of Warrants 1. Communications technicians shall follow up on all warrants sent to other jurisdictions. If no response has been received in 30 days, a communications technician will contact the jurisdiction to determine the status.
2. Communications technicians shall follow up on all warrants placed in the warrant file for service. After 30 days, a communications technician shall review the document to determine whether service can be accomplished. If service cannot be accomplished, the warrant shall be sent back to the originating agency with an explanation.
V. SEARCH WARRANTS A. Officers must obtain authorization from a supervisor prior to preparing a search warrant application to ensure compliance with all legal requirements. Once the supervisor approves the action, the officer will prepare the affidavit and search warrant, consulting with the Commonwealth’s Attorney as needed. The officer shall also complete a Threat Assessment form, along with the warrant affidavit, and submit to a division commander for review and risk assessment.
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B. The Criminal Investigations Section supervisor will be responsible to coordinate service of those warrants that are categorized as high risk, and will involve deconfliction, threat review, operational planning, briefing and debriefing.
C. When preparing a search warrant, the following facts shall be recognized: 1. The search warrant must state the crime for which the search warrant is being obtained;
2. The Commonwealth's Attorney may be asked to review search warrants for serious or high-profile cases;
3. The issuing magistrate shall retain the original copy of the affidavit at the time of issuance;
4. The officer preparing the search warrant shall personally observe the site of the search before a warrant is obtained. All reasonable measures shall be taken to establish the ownership, occupancy, and interior and exterior description of the search site.
D. A copy of the search warrant, with a copy of the affidavit attached, shall be served on the appropriate person located at the search site. In the absence of persons at the site, a copy of the warrant and affidavit shall be placed in view at the site.
E. Search warrants are valid for 15 days and should be served within this time. Prompt execution decreases the possibility that the target of the search will be made aware of the warrant's existence and will prevent the possible loss of probable cause. Reasonable delays must be articulable.
1. Search teams shall include at least one uniformed officer in all search warrant executions.
2. The supervisor reviewing the execution of a search warrant may request assistance from the Fairfax County Police Tactical Unit or other specialized resources. The Tactical Unit will be requested when circumstances are such that their special expertise is required to make a safe entry of the search location. The Field Operations Division commander shall be notified prior to a request for assistance from the Tactical Unit.
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3. The supervisor and officer responsible for obtaining the search warrant shall prepare an operational plan and conduct a briefing prior to executing the warrant. The following factors shall be presented at the briefing:
a. Review of site characteristics;
b. Description of potential occupants and any associated dangers they may pose;
c. Description of items sought at the search site and any indication of their possible locations;
d. Assignment of responsibilities for members of the search team;
e. Review of the facts of the case.
4. Conduct Prior to Entry a. The supervisor and officer responsible for obtaining the search warrant shall take reasonable precautions to make certain that the premises listed in the warrant are the premises sought to be searched, and that the premises about to be entered are the premises listed on the warrant. The officer assigned the investigation should be alert for any change in circumstances that negates the reason for the search. If the supervisor or officer are not certain that the premises to be entered are the same as those listed in the warrant, or that the reason for the search no longer exists, no entry shall be made.
b. The search team shall position itself as circumstances dictate. Tactical Unit supervisory personnel will coordinate positioning of all team members when the Tactical Unit is involved in the execution of the warrant.
c. Exits from the premises are to be covered, where possible, at the diagonal corners of buildings.
d. The uniformed officer, when practical, should be the most visible member of the search team at the time of entry.
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e. If the Tactical Unit is involved, no member of the search team shall enter the dwelling until authorized to do so by the Tactical Unit supervisor.
5. Announcement of Authority and Purpose a. An officer, predetermined during the briefing, shall notify persons inside the search site of the team's presence, and shall announce, in a voice loud enough to be heard inside the search site, that they are police officers and that they have a warrant to search the premises, and that immediate admission to the premises is demanded.
b. The announcement of authority and purpose is not required when there is probable cause to believe that such announcement will endanger the search team, or others, or that the items listed in the warrant could be destroyed if an announcement were made. When such information is known at the time the affidavit supporting the warrant is drafted, the information shall be entered as part of the affidavit.
c. The announcement of authority and purpose may not be required if entering by invitation. This entry will be contemplated based on a specific assessment and the absence of factors presented below. d. Facts to be considered whether an announcement is to be made include:
1. A firm indication that an occupant of the premises is armed and dangerous; or
2. Specific information that an occupant has a history of violence involving threats or attacks upon any individual; or
3. Specific knowledge that an occupant would intend to frustrate searches by destroying items to be seized; or
4. Specific knowledge that occupants would be endangered by other occupants if announcement of authority and purpose is made. When the preceding information is developed at the time of entry, immediate entry is justified for reasons of safety and security.
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6. Entry When possible, premises shall be entered in a nondestructive manner. No force shall be initiated unless resistance is encountered from a person on the premises, or other circumstances are presented that require a forced and/or immediate entry.
7. Vacant Search Sites When entry into a vacant site is encountered, the search team should seek entry with a key when possible. A copy of the search warrant, with affidavit attached, shall be placed in view at the site. Entry into a vacant search site is permissible only if one or more of the following circumstances exist:
a. The occupants will not be returning to the premises for an extended period, if at all;
b. The investigation will be hampered if the premises are not immediately searched;
c. Executing the warrant at another time would cause substantial inconvenience and improperly waste personnel time.
8. Immediate Examination of Search Site The search site shall be secured. Each room of the premises shall be immediately examined for persons that may interfere with the warrant's execution or that may pose a safety risk to officers.
9. Permissible Search of Persons within Premises There must be sufficient reason to search a person within the premises. In valid searches, the officer must articulate facts or circumstances within the search warrant affidavit that provides probable cause to support the action taken. The affidavit must identify the persons to be searched by name and the basis for such search.
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10. Arrests Probable cause to arrest a person at the search site may arise during the execution of a search warrant. In such event, a search incidental to that arrest, and independent of the warrant, may be conducted.
11. Permissible Frisk of Persons Any person within the premises at the time the search warrant is executed or any person that voluntarily enters the premises after the search has commenced may be frisked, if the officer reasonably suspects that such person has a concealed weapon or dangerous instrument, for officer safety. Mere presence at the search site is not a sufficient reason to frisk a person within the premises. The officer must be able to articulate facts or circumstances that provide reasonable suspicion to support the action taken.
12. Restricting Movement of Persons Officers must be sensitive to the safety risks of all persons involved with the search. Depending on circumstances and facts present, it may be appropriate to restrict movements of any or all persons present, including those who may not be the subject of a warrant or suspected in the case. This restriction is essential to prevent interference with the search and to safeguard the search team and other persons involved. Officers must be mindful that only reasonable force may be used, and weapons should be displayed no longer than reasonably necessary, in accordance with policy. As soon as it can be determined that an individual is not subject to the scope of a warrant and that no further reasonable suspicion or safety concerns exist to justify further detention, the person should be promptly released. Officers should, when and to the extent reasonable, accommodate the privacy and personal needs of persons who have been detained.
13. Seizure of Items Inadvertently Found If contraband items are found, but not listed in the search warrant, they may be seized when the item could logically be seen within an area authorized by the search warrant.
14. Post Search Action If damage to property occurs during entry, the supervisor in charge at the scene shall evaluate the need to ensure the protection of the search site until repairs can be made. If deemed appropriate, the supervisor shall assign personnel to protect the property until further security arrangements are made.
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15. Warrant Return The responsible officer shall ensure the return of the warrant to the issuing authority as soon as practical, and within the 72-hour time limit as required by law. The officer shall swear under oath to a copy of the list of items seized, and such fact shall be stated in the inventory sheet prior to the return to the court. If nothing is seized, a statement to that effect shall be filed with the court within 72 hours.
16. Return of Property When non-contraband items seized during the execution of a search warrant are no longer needed for prosecution, they may be returned to the owner, as approved by the Commonwealth's Attorney.
F. Outside Agencies and Cross-Jurisdictional Search Warrants 1. A division commander must be notified when officers participate with another agency in a search warrant to ensure compliance with existing mutual aid agreements or other memorandums of understanding in order to mitigate risks including, but not limited to, the following: • Identity of team members • Roles and responsibilities • Familiarity with equipment, if any • Rules of engagement • Asset forfeiture procedures • Deconfliction
2. Any outside agency requesting assistance in the service of a search warrant within the Town of Herndon should be referred to a division commander. The division commander, or designee, should review and confirm the warrant, including the warrant location, and should discuss the service with the appropriate supervisor from the outside agency. The division commander should ensure that department members are utilized appropriately. Any concerns should be brought to the attention of the Chief of Police. The actual service of the search warrant will remain the responsibility of the agency requesting assistance.
3. If an officer intends to serve a search warrant in an outside jurisdiction, the division commander should provide reasonable advance notice to the applicable agency, request assistance as needed, and work cooperatively on operational
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planning and the mitigation of risks. Officers will remain subject to departmental policies when assisting outside agencies or serving a search warrant with an outside jurisdiction.
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I. POLICY
A. The Herndon Police Department’s Records Section is responsible for the management, retention, and disposition of the department’s official law enforcement records.
B. The creation, processing, retention, and release of records will comply with department policy and all relevant federal, state, and local laws, and will be subject to the Virginia Public Records Act, pursuant to Code of Virginia §42.1-76– § 42.1-91.
II. TERMINOLOGY
o Public Record (Record) – information that documents a transaction or activity by the department or its members, regardless of the form (physical, electronic, digital, audio, etc.)
o Records Retention and Disposition Schedule (RRDS) – the required retention and destruction guide mandated for public records by the Library of Virginia under the authority of the Virginia Public Records Act, pursuant to the Code of Virginia §42.1-85.
III. RECORDS MANAGEMENT
A. The Records Section will effectively manage department records, regardless of the type, by adhering to best practices and following a systematic and logical process, to achieve the following objectives:
1. Comply with the Virginia Public Records Act (VPRA), Code of Virginia §42.1- 76–§ 42.1-91, which governs the creation, maintenance, and disposition of public records.
2. Develop and implement procedures, guidelines, systems, and practices that facilitate the creation, backup, preservation, filing, storage, and disposal of records.
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3. Reduce risks associated with unintended disclosure of sensitive information.
4. Identify and protect essential and historical files of the department.
B. Records may be restricted from disclosure by statute, court order, or legally adopted rules and regulations, but are still considered public records and must be handled according to the RRDS.
C. The Assistant Support Services commander with supervision over the Records Section shall ensure a current records technician(s) is a designated records officer with the Library of Virginia. The designated records officer(s) will serve as a liaison(s) to the Library of Virginia for the purposes of implementing and overseeing the records management program, and coordinating legal disposition, including destruction of obsolete records. The responsibilities of the designated records officer include:
1. Developing procedures to implement the department’s records management program in coordination with the Library of Virginia and ensuring the department’s records are managed in accordance with the most current RRDS.
2. Providing training in records management procedures and practices to department members, including the use of appropriate forms.
3. Implementing processes to meet records program requirements, regardless of type or form of record.
4. Advising department members on accessing and using Library of Virginia approved RRDS.
5. Coordinating and/or assisting department members in the examination and classification of department records.
6. Ensuring that essential, archival, and permanent records are identified, properly maintained, protected, and accessible for the length of time cited in the applicable RRDS.
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7. Maintaining applicable contact and coordination with the Library of Virginia.
A. All records destruction performed by the department must be done in accordance with Library of Virginia procedures and documented on a Certificate of Records Destruction (RM-3 Form). The RM-3 Form is required when destroying public records, in all form and types (physical, electronic, digital, audio, etc.). The original RM-3 Form must be submitted to the Library of Virginia, and the department must retain a copy of the form for three years. Acceptable methods of destruction include confidential and non-confidential destruction according to the RRDS.
B. Department records must be destroyed in the manner identified by the appropriate series on a general or specific RRDS. All department records must be destroyed once the applicable retention period has expired. No records may be maintained past the end of their stated retention period unless they have been identified for permanent retention or involved in current litigation, an investigation, or an audit. (Code of Virginia § 42.1-86.1)
C. The Assistant Support Services commander over the Records Section will prepare an annual report to the Chief of Police detailing the department’s efforts to maintain required compliance with the Library of Virginia’s records management program and the RRDS and list the records submitted and approved for destruction to the Library of Virginia for the calendar year.
D. The department will have a Records Emergency Action Plan that clearly communicates the procedures for records recovery in the event of a natural disaster, fire, or other catastrophic event affecting the department. (Code of Virginia §42.1-86)
IV. RECORDS SECTION
A. The Records Section will manage the following records of the department:
1. Adult Arrest Files – records documenting cumulative history of arrests in the Town of Herndon of a particular individual (warrants, summonses, court disposition, CCRE data, death notifications associated with arrestee, etc.) -
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each individual arrested or issued a traffic summons is assigned a unique, system-generated, identifying arrest number, that is maintained for the individual and used for all subsequent arrests or traffic summonses associated with the individual.
2. Juvenile Arrest Files – records documenting cumulative history of arrests in the Town of Herndon of a particular juvenile, (warrants, summonses, court disposition, and CCRE data).
a. In accordance with Code of Virginia 16.1-301, juvenile records will be maintained and identified separately from adult records, even in cases where the same person has a juvenile and adult record. <82.1.2a>
b. Fingerprints, photographs, and other forms of identification, in connection with arrests, are collected at the juvenile detention center and maintained in the LIVESCAN and AFIS systems. <82.1.2b>
c. Juvenile arrest files are restricted to those with authorized access. <82.1.2c>
d. Deletion or partial deletion of a juvenile record after reaching adult age shall occur in accordance with a court order for expungement or in compliance with the RRDS. <82.1.2d,e>
3. Court Ordered and Other Process Records – records documenting receipt and execution of, or failure to execute, court orders and/or other processes that include extraditions, hit retentions, executed warrants, warning tickets, parking ticket summons, Virginia Uniform Summons, or other legal actions against an individual, family, firm, or entity.
4. Court Ordered Process Records - Protective Orders – records documenting receipt and execution of, or failure to execute, court orders and/or other processes that include adult protective orders, child protective orders, emergency protective orders, and juvenile detention orders.
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5. Expungements – records documenting the destruction (expungement) of law enforcement records and references thereto, that have been court ordered.
6. Field Notes/Contacts – records documenting contacts and interviews conducted in the field.
7. Incident and Supplement Reports – records documenting the facts and circumstances regarding a crime or event.
8. Other records that support law enforcement purposes that comply with the RRDS and are managed and maintained in the Records Section.
9. Exceptions: a. The Communications Section manages and maintains original Town of Herndon legal process documents for service. Following service, the records are maintained in the Records Section. The Communications Section is also responsible for the management and disposition of dispatch and emergency call records.
b. The Criminal Investigations Section is responsible for the management and disposition of investigative records of criminal cases, confidential informant files, and crime analysis files.
c. The Personnel and Training Section is responsible for the management and disposition of property and physical evidence files, and personnel training records.
d. The Chief’s Office is responsible for the management and disposition of accreditation records, general orders and regulations, internal affairs complaints, and other administrative matters.
B. The department’s records management system compiles an alphabetical Master Name Index that documents all names in the system that are linked to all modules of the system to serve as a cross-referencing tool. It includes persons named as
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victims, witnesses, suspects, persons wanted or arrested, field contacts, and those included in traffic accident reports.
C. The Incident Based Report (IBR) of crimes occurring in the Town of Herndon shall be compiled by the Records Section and electronically submitted to the Virginia State Police pursuant to the established due date.
V. RECORDS SECURITY AND PRIVACY
Records will be managed and maintained for law enforcement purposes in such a manner as to ensure security and privacy while allowing for constant updating, retrieval, and dissemination. <82.1.1a>
A. Authorized department personnel are permitted access to records and the Records Section as needed in conjunction with their job responsibilities. Department personnel have 24-hour access to records through the records management system and Communications personnel have 24-hour direct access to active warrant and legal process files. <82.1.1b>
B. Original physical records shall not be removed from the Records Section without the express permission of the Assistant Support Services commander or designee, or the completed and approved records destruction form. If records are authorized for temporary removal, an appropriate notation shall be made regarding the person holding the record, the date released, and the date of return.
C. An inquiry should be initiated by the Assistant Support Services commander when a record is determined to be missing and has not be designated for temporary removal or required destruction.
D. Records shall only be disseminated as follows: <82.1.1c> 1. Pursuant to Code of Virginia, 2.2-3700, Virginia Freedom of Information Act requests.
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2. As authorized by Code of Virginia 19.2-389 for criminal history information. Requests for criminal history information other than for Town of Herndon convictions shall be referred to the Central Criminal Records Exchange of the Virginia State Police. Criminal history records may only be accessed by authorized personnel as permitted by law.
3. As authorized for officers or members of other law enforcement agencies for law enforcement purposes.
4. As authorized by state or federal statute or executive orders for agencies to conduct investigations that determine employment or security clearance eligibility.
5. As authorized by a court order.
E. The Records Section will ensure that the department complies with the records retention and destruction requirements in accordance with the Library of Virginia RRDS or court ordered expungement. The Records Section shall also facilitate the destruction requirements with those sections that are responsible for the management and disposition of specified records, (i.e., Communications Section, Criminal Investigations Section, Personnel and Training Section, and the Chief’s Office).
F. The network systems engineer maintains the operational integrity of the records management system to ensure access, data back-up, and storage requirements are preserved. An audit to verify password access of the records management system is conducted annually. <82.1.6>
G. Accountability of Traffic Citations <82.3.4> 1. The department largely utilizes electronic summons technology and devices to issue and record traffic and parking citations. Following issuance, officers print a copy of the citation for the Records Section to transfer to the appropriate court. The citation record is automatically captured in the records management system.
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2. Pre-printed citations (to include Virginia Uniform Summonses and/or Herndon Notice of Parking Violations) are ordered and stored in the Records Section for distribution to officers. If utilized, officers shall provide a copy of the citation to the Records Section for processing and document each citation issued on a log sheet. Officers shall submit citations to supervisors prior to the end of their shift, and supervisors will turn them over to the Records Section, who will forward the citations to the appropriate court.
3. If a citation needs to be voided, the officer shall provide the details of the circumstances in a memo through the chain of command, with a copy to the Records Section.
VI. WRITING REPORTS
Department members are responsible for creating, processing, and protecting official records that document law enforcement activity. Accurate and complete records enhance the efficiency and effectiveness of the department and are critical to maintaining the integrity of the department’s mission and purpose.
A. The department has established a comprehensive guide to reports (Herndon Police Report Writing Guide), that is stored on a shared network drive and serves as a ready reference on creating incident reports, the incident-based reporting system, offense classifications, data entry instructions, report processing, and required forms. The guide is updated as needed to capture changes in procedures or classifications and department personnel should refer to this guide for specific questions with regard to reports. <82.2.1c,d>
B. Reports shall be created when an officer is dispatched to a call for service or as a result of a self-initiated event. Activity to be documented in a written report includes: <82.2.1a, 82.2.2a-e>
1. Arrests (misdemeanor/felony), and summonses
2. Criminal incidents
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3. Citizen reports of crime and complaints
4. Criminal intelligence
5. Deaths
6. Non-criminal activity (found property/evidence, runaways, missing persons, etc.)
7. Searches (all types) to include: • Type and reason for search • Injuries or property damage occurring during the search • Sex of suspect, indicating if opposite sex, adult/juvenile, and any actions taken • Results of the search, regardless whether anything was seized and include a description of property or evidence seized
8. Suspicious activity
9. Traffic accidents
10. Any incident where an officer believes circumstances should be documented in a report or whenever a supervisor directs that a report be written.
C. Supplements shall be written to update associated activity or status with an incident or investigation.
D. Discretion should be exercised as to whether a report should be written if following a response and investigation to a call, an event cannot be established, or is unlikely or improbable that an event occurred.
E. Processing Reports <82.2.1e> 1. Documentation begins with a Computer Aided Dispatch (CAD) entry by Communications when a call for service is answered or an officer calls in a self-initiated event. Once entered into CAD, the incident becomes a record
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in the records management system and is automatically assigned a unique number. The case number consists of the four digits of the current year, followed by a dash, and then followed by a sequential case number. The number is consecutive, beginning with 00001, on January 1 of each year. <82.2.3>
2. Arrest reports shall be completed and submitted prior to the end of the officer’s shift, unless excused by a supervisor due to an urgent extenuating circumstance (e.g., injury, fatigue, or a personal conflict of a sensitive nature). If delayed due to extenuating circumstances, the report shall be completed and submitted by the next day the officer is scheduled to work.
3. Service of legal process shall be completed and submitted prior to the end of the officer’s shift. Service of all warrants shall be documented by submitting an incident report or supplemental report, as appropriate. Service of town warrants may also necessitate an HP 817 (NCIC/VCIN Request) be submitted to ensure that wanted subjects are removed from computerized warrant files.
4. Officers shall complete reports in a timely manner and submit for supervisory review before the officer’s day off. Supervisors are responsible for ensuring that all reports are reviewed and submitted to the Records Section.
5. Supervisors shall review reports for content and accuracy. If a correction is necessary, the reviewing supervisor shall notify the officer of the correction needed and the report shall be corrected in a timely manner.
6. Reports shall include the completion of required forms, such as missing person clearinghouse forms, accident investigation forms, etc., as applicable. <82.2.1b>
7. Records technicians shall review all reports entered in the records management system to ensure documentation requirements are met, reports are completed/submitted in a timely fashion, and classifications and status are accurate and up to date.
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8. The status of reports shall be reviewed as follows:
a. The case status of all open cases and the preparation of supplement reports shall be reviewed, at a minimum, every 30 days by supervisors.
b. Records technicians shall also review the status of reports every 30 days to ensure accountability for report submissions, appropriate follow-up investigations are being conducted, and accurate case classification and updates are applied. Problems encountered with maintaining reports and status shall be brought to the attention of the Support Services Division commander.
c. The Support Services Division commander will direct an annual audit of the department’s report procedures process to determine if appropriate submission, documentation, follow-up, and status requirements of incident and supplement reports are being met. The audit will review the report cycle and all phases of the system on a random selection of cases to identify any problems or recommendations for changes.
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I. PURPOSE
The department is committed to the proper management and disposition of physical evidence and property that is received into its custody. Department members are responsible for the proper handling of property and evidence and coordinating the final disposition with the Property and Evidence Unit.
II. TERMINOLOGY
• Complex Crime Scene - Scenes involving major crimes or any case where there is a need for specialized collection or handling of evidence by trained crime scene technicians.
• Due Diligence Letter – an official letter from the department mailed to a property owner containing information and instructions on property available to be released to them.
• Hazardous Material - any item or agent (biological, chemical, radiological, and/or physical), which has the potential to cause harm to humans, animals, or the environment, either by itself or through interaction with other elements.
• Physical Evidence – any physical item seized by department personnel in connection to a criminal investigation.
• Property Custodian – the department member designated to manage the Property and Evidence Unit.
• Property Control Officer – a department member designated and authorized to access, receive, document, and dispose of property and evidence pursuant to policy and procedures.
• Property and Evidence Room – secure rooms with restricted access designated for the storage of evidence or property until final disposition.
• Serious Vehicle Collision - a collision that has resulted in a loss of life, significant injuries, or substantial damage to property.
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• Temporary Property/Evidence Room – the room designated for the temporary storage of evidence and property to be processed into the secure Property and Evidence Room.
III. OVERVIEW <84.1.1h>
A. Officers collect evidence of crimes, seize contraband, and retrieve lost and stolen property. The custody of these items must be properly handled from the moment of possession until the legal disposition (return to owner, destruction, retention for legal purposes, etc.) to protect the integrity of the items and prevent damage or contamination.
B. The department’s Property and Evidence Room provides security and accountability for property and evidence. Procedures and facilities are in place to ensure special handling of sensitive items such as money, precious metals, jewelry, firearms, and drugs as well as the safe handling of biological evidence for further analysis.
C. The department has assigned Property and Evidence Unit personnel to document the possession of property or evidence received, preserve the chain of custody of the items, and ascertain the lawful disposition of items held.
IV. RESPONSIBILITIES
A. Sworn personnel will be trained in property and evidence collection, handling, and preservation procedures and provided with the necessary supplies and equipment to process evidence. Evidence technicians in crime scene and accident investigation receive specialized training in evidence processing and are qualified to process evidence for complex crime scenes or serious vehicle collision investigations. The department’s evidence technicians are accessible on a 24- hour basis. <83.1.1, 83.2.1c, 83.2.4>
B. Sworn personnel must maintain familiarity with current evidence processing guidelines set forth by Standard Operating Procedure 512 – Evidence Collection Procedures and the Virginia Department of Forensic Science’s Evidence Handling & Laboratory Capabilities Guide.
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C. Sworn personnel will be responsible for processing evidence unless evidence technicians are required or called to process complex scenes or serious vehicle collisions.
D. An evidence technician shall be accessible on-duty or on-call. The on-call technician should be posted in the department’s scheduling program, be readily accessible by telephone, and able to report for duty within one hour.
E. To minimize accidents and workplace exposures, personnel that will be handling evidence and property shall wear personal protective equipment (PPE) when handling evidence and while in the lab. This shall include wearing protective gloves and any other necessary PPE.
V. EVIDENCE COLLECTION RESPONSIBILITIES
A. Responsibilities of the First Officer at the Scene <83.2.1a> The first officer at the scene of a crime or collision shall be responsible for the following:
1. Stabilize and secure the scene to protect evidence.
2. Assess the incident and promptly notify the supervisor if crime scene or accident investigation technicians are needed based on the complexity of a scene or the seriousness of a collision.
3. Initiate a security log documenting the time, name, and reason for all persons entering the scene, and when crime scene or accident investigation technicians are called to the scene.
B. Supervisor Responsibilities 1. A supervisor shall respond to a scene when requested and ensure that appropriate measures are taken, or resources are called to process evidence.
2. If the supervisor determines that a crime scene or accident investigation technician is needed, the on-duty technician will be called to respond to the scene.
3. If an evidence technician is not on duty, the on-call technician shall be contacted, or the Crime Scene Unit or Accident Reconstruction Unit
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supervisor shall be contacted to coordinate the response of an evidence technician to the scene.
4. If the supervisor requests a detective to respond, the Criminal Investigations Section supervisor can also authorize the call-out of crime scene resources deemed necessary and confer with the Crime Scene Unit supervisor as necessary.
5. If an evidence technician is needed but not accessible, a supervisor may request assistance from the Fairfax County Police Department.
C. Crime Scene Responsibilities If an evidence technician is called to a scene, the technician will assume responsibility for the collection, storage and transportation of evidence until scene processing is completed or until relieved by another evidence technician. Technicians are responsible for properly inventorying, packaging, labeling and entering into department records all items collected or recovered as property or evidence as soon as possible. <83.2.1b>
D. Officer Responsibilities 1. Field personnel that are not involved with evidence collection shall not touch, disturb, or handle physical evidence unless there is a threat to the safety of the officer or another person, or unless there exists a danger that evidence will be lost or destroyed before it can be processed. If evidence must be handled under exigent circumstances, it becomes the responsibility of the collecting officer to process the evidence and document a justification for their actions in the report.
2. Officers that collect evidence are responsible for properly storing, transporting, inventorying, packaging, labeling and entering into department records all items collected or recovered as soon as possible. <83.2.1b>
3. Officers shall query property with serial numbers or other identifying marks taken into custody through VCIN/NCIC prior to the release to the owner.
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VI. PROPERTY AND EVIDENCE UNIT
A. Assigned Personnel The Property and Evidence Unit, comprised of a property custodian and property control officers, is responsible for receiving, documenting, storing, securing, preserving, disposing, and tracking the chain of custody of property and evidence submitted to the department.
B. Duties of Property/Evidence Personnel 1. Will have sole access to receive property/evidence submitted through the Temporary Property/Evidence Room.
2. Will transfer property/evidence from the Temporary Property/Evidence Room to the Property and Evidence Room.
3. Will update the status or change in status of property/evidence in RMS.
4. Will monitor and update the status of Physical Evidence Recovery Kits (PERK) submitted and/or received through the Department of Forensic Science PERK Tracking System website.
5. Will account for property acquired/disposed of through the civil process or asset forfeiture process in RMS, if applicable.
6. Will perform inspections and destruction as appropriate.
C. Training Department members assigned to the Property and Evidence Unit will receive appropriate training to perform their responsibilities.
D. Temporary Property/Evidence Room <84.1.3> 1. The Temporary Property/Evidence Room is accessible to officers and shall be utilized to secure property or evidence taken into custody. Bicycles, vehicles, and hazardous materials are exceptions and shall be secured in other designated locations.
2. All property and evidence shall be secured in lockers and a voucher completed according to packaging and labeling as specified in the Standard Operating Procedure 512 – Evidence Collection Procedures. <84.1.1d>
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3. Evidence that needs further processing by crime scene technicians may be placed in lockers specifically designated for crime scene technicians within the Temporary Property/Evidence Room, who will perform the requested processing prior to the transfer to the Property and Evidence Room.
4. Electronic devices that contain digital evidence should be submitted into an identified Digital Forensics Unit (DFU) locker, with a continuous power supply, if applicable.
E. Property and Evidence Room The Property and Evidence Room is restricted and secure from unauthorized access. The room is separated into sections for general evidence, gun safe, cash/jewelry safe, and other special handling (refrigeration, etc.). <84.1.1e>
F. Other Storage 1. Bicycles will be locked in the bike rack in the rear of the police facility.
2. Vehicles will be stored in the rear of the facility at the direction of crime scene technicians.
3. Hazardous materials may be photographed, if such photography can be accomplished safely, but Fairfax County Fire Department or other appropriate specialists should be called for guidance.
G. Property and Evidence Room Access and Security <84.1.2> 1. Only designated Property and Evidence Unit members will have access to the Property and Evidence Room. Access to the Property and Evidence Room is restricted for all others.
2. Entry by others without escort is prohibited. Escorted visitors must sign into the logbook located in the Property and Evidence Room. The logbook should contain the name of the visitor, the reason, time/date and duration of the entry, and the person serving as escort.
3. Terms and rotation of members assigned to the Property and Evidence Unit will be determined by the Chief of Police.
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H. Tracking System 1. Property and Evidence Unit members will track property and evidence items in RMS to include the location, chain of custody, legal status and proceedings related to the item, as well as the disposition.
2. The Property and Evidence Unit and Criminal Investigations Section will monitor, track, and update the status of PERK kits through the PERK Tracking System website.
VII. SUBMISSION AND DOCUMENTATION
A. Property/evidence is to be placed under the control of the Property and Evidence Unit prior to shift’s end. This facilitates proper handling and allows items to be officially inventoried and recorded in the RMS tracking system in a timely manner. Records will reflect the status of all property and evidence held by the department. <84.1.1a,b; 84.1.5>
B. Any time evidence changes hands it shall be properly documented to maintain the integrity of the chain of custody. <83.2.1e>
C. All physical evidence or property collected shall be properly documented in an incident report or supplemental report as well as on the property voucher. A voucher must be completed for all property or evidence submitted to Property and Evidence. The submitting officer shall ensure all pertinent processing requests are completed concerning the property or evidence. <84.1.1c>
D. It is the responsibility of the officer or technician who processed the scene to submit detailed reports describing the elements of the investigation and sequence of events associated with actions taken in collecting and processing evidence. A narrative of the processing actions at the scene, including the number of photographs taken, whether measurements were taken, and a listing of physical evidence recovered must be documented. The following shall be included in the report <83.2.6>: • Date and time of arrival at the scene; • Location of the incident; • Name of the victim; • Name of the suspect; • Type of Incident.
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E. Evidence should be placed in a size-appropriate evidence container to accommodate the item and a property tag utilized if a container is not practical. All containers shall be sealed, with the responsible officer placing their initials and date on the seal. All requested information on the face of the container must be completed by the submitting officer.
F. When a property tag is used, a permanent marker must be utilized to mark the case number on the tag before it is securely attached to the physical evidence to be submitted.
G. No item shall be released from the Property and Evidence Room without the property control officer recording the transaction in the RMS system. All transfers shall be documented with the date and time of transfer, officer that received or relinquished the property, and location or destination of the property. Officers shall document laboratory actions, court actions, and all dispositions of property with an incident report or supplemental report. When all the property listed on a Property and Evidence Room record has been relinquished, the original property data system shall reflect the release or destruction. <84.1.1g>
H. Officers will be notified by the Property and Evidence Unit if evidence has been improperly entered into RMS. In such cases, the evidence will be classified as “rejected status”. Any property in the rejected status will not be released for any reason and must be corrected within one week of the rejection. No property can be transferred, destroyed or released for any reason while in the rejection status.
I. Officer’s checking out evidence for further investigation or court shall return the evidence to the Property and Evidence Unit prior to shift’s end or completion of processing. If evidence is maintained by the court or relinquished to another officer, that officer shall document this in a supplemental report. <84.1.1g>
J. Officers who seize evidence valued at $500 or greater related to an offense identified by §19.2-386.15 through §19.2-386.35 of the Code of Virginia, shall notify the Criminal Investigations Section supervisor without delay. It will be the responsibility of the Criminal Investigations Section supervisor to ensure that asset forfeiture proceedings are initiated. The Criminal Investigations Section supervisor will have discretion in initiating asset forfeiture proceedings based on
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Operations Section 323 Effective Date: December 22, 2020 Page 9 PROPERTY AND EVIDENCE
the case criteria and the value of the item seized and will notify the Property and Evidence Unit of any necessary disposition changes.
K. Electronic evidence, such as cellphones, computers, etc., submitted directly to the Digital Forensics Unit (DFU) for processing and returned to the owner within the same shift, do not require a property voucher for submission to the Property and Evidence Unit. A detailed supplement shall be submitted to record and document the chain of custody. If the evidence is not returned to the owner within the same shift, then a property voucher shall be completed for submission into Property and Evidence prior to the conclusion of the officer’s shift.
L. PERK kits shall be submitted to DFS for analysis within 60 days of receipt, pursuant to Code of Virginia 19.2-11.8. If any PERK is exempt from DFS submission, the case officer shall explain the exemption in a detailed supplement report. Additionally, the case officer shall ensure the PERK Tracking System website is updated to reflect the exemption from submission to DFS. The only exceptions to this requirement are:
1. It is an anonymous PERK;
2. The PERK was collected by the Office of the Chief Medical Examiner as part of a routine death investigation and the medical examiner and the law enforcement agency agree that analysis is not warranted;
3. The PERK is connected to an offense that occurred outside the Commonwealth of Virginia; or the PERK was determined by the law enforcement agency not to be connected to a criminal offense;
4. Another law enforcement agency has taken over responsibility for the investigation related to the PERK.
VIII. PROPERTY DESTRUCTION AND DISPOSITION CHANGES <84.1.1g>
A. It is the responsibility of the originating officer to notify Property and Evidence personnel when the disposition of submissions change. Officers shall utilize a supplemental report to document these changes.
B. For property that can be released to the owner, the recovering officer shall be responsible for notifying the owner, coordinating the release through the
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Property and Evidence Unit, and documenting such activity. Property to be released shall be indicated on the incident report, case supplement, voucher and/or packaging of this status. Property to be released to the owner shall be signed for by the owner. <84.1.1f>
C. The Property and Evidence Unit shall issue evidence disposition change forms on an annual basis to determine if there are items that have no evidentiary value or are unclaimed and can be removed for destruction.
D. The Property and Evidence Unit shall ensure PERK kits are retained in accordance with Code of Virginia 19.2-11.8, for a minimum period of 10 years, or until 10 years after the victim reaches the age of majority if the victim was a minor at the time of collection, whichever is longer. Following the expiration of the retention period and upon review and approval by the Chief of Police, the case officer shall notify the victim of the disposition within 60 days of the intended destruction date in order to properly destroy the PERK. If a PERK is disposed of, the Property and Evidence Unit shall ensure the PERK Tracking System website is updated to reflect the destruction of the involved PERK.
E. Property or evidence recommended for destruction shall be listed in a memo to the Chief of Police for approval. The memo shall be retained as approved documentation of the destroyed property. A memorandum shall also be submitted following the completed destruction process.
F. Any property recommended for release shall have a due diligence letter sent to the property owner and the item will be retained as required by § 15.2-1719 through § 15.2-1721 of the Code of Virginia. Due diligence letters may be sent when property is permitted for release, or during the annual review of property disposition status change forms.
G. The Property Custodian will oversee the destruction process and update the RMS modules for property disposition changes upon their status change. A record of all items destroyed shall be maintained by the Property and Evidence Unit and maintained in accordance with the Library of Virginia retention schedule.
H. Generally, controlled substances, weapons, or explosives that come into the possession of the department will not be used for investigative or training purposes within the department. However, following proper disposition procedures, if a seized or forfeited weapon is deemed useful for training or
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investigative purposes, a memo shall be forwarded to the Chief of Police requesting approval and transfer to department ownership. The memo shall outline the intended purpose. <84.1.4>
IX. PROPERTY AND EVIDENCE INSPECTIONS <84.1.6a,b,c,d>
A. The Support Services Division commander, or designee, will perform a semi- annual routine inspection of the Property and Evidence Room. The inspection shall be documented, and problems or concerns outlined with an accompanying plan to correct the issues identified. The inspection should determine the following:
1. The facility is being maintained in a clean and orderly manner; 2. The integrity of the property is being maintained and items are stored and protected from damage or deterioration; 3. Proper record-keeping and accountability are tested; 4. Adherence to procedures are being followed, and 5. Property having no further evidentiary value is being scheduled for disposal.
B. When a new property custodian is appointed, an audit of the Property and Evidence Room will be conducted jointly by the new property custodian and a designee of the Chief of Police. All money, precious metals, jewelry, firearms, and drugs will be inventoried. Other general evidence and records will be randomly checked for accountability.
C. The Support Services Division commander shall designate a supervisor not routinely or directly connected with the Property and Evidence Unit to conduct an annual audit of the Property and Evidence Room. The audit shall consist of a representative sample of 100 items of general evidence randomly checked and at least 100 items of property consisting of money, precious metals, jewelry, firearms, and drugs to ensure the integrity of the process and storage system.
D. Annually, a designee of the Chief of Police not associated with the Property and Evidence Unit will conduct an unannounced inspection of the Property and Evidence Room. The inspection will examine cleanliness, order, and tracing a few pieces of property to ensure proper accountability.
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Personnel/Training Section 400 Effective Date: December 22, 2020 Page 1 SPECIAL ALLOCATION OF PERSONNEL
I. POLICY
Personnel are allocated to each division in a manner consistent with the department’s needs, mission, and goals. Each division will establish specialized and supplemental assignments in order to enhance the efficiency and effectiveness of the agency.
II. TERMINOLOGY
o Specialized Assignment – A full-time dedicated position requiring advanced training to provide specialized focus, expertise, and responsibility to a specific issue or need.
o Rotational Specialized Assignment – A specific time period associated with a specialized assignment.
o Permanent Specialized Assignment – A specialized assignment not governed by a specific time period.
o Supplemental Assignment – A functional duty assignment or responsibility which augments a position assignment but is not allocated as a full-time dedicated position.
III. SPECIALIZED ASSIGNMENTS
A. The following positions are designated as full-time specialized assignments within the department.
Assignment Status Division Academy Instructor Rotational Support Services Computer Forensics Detective (1) Permanent Support Services Criminal Investigations Section Supervisor Rotational Support Services General Assignment Detective (1) Permanent Support Services General Assignment Detective (2) Rotational Support Services K-9 Officer(s) Rotational* Field Operations Personnel/Training, Property Supervisor Rotational Support Services Personnel/Training, Property Corporal Rotational Support Services Herndon Police Department
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Special Assignment Detective Rotational Support Services Traffic Section Officer Rotational Field Operations Traffic Section Officer/Accident Permanent Field Operations Reconstruction Specialist (1) Traffic Section Supervisor Rotational Field Operations Vice/Narcotics Detective Rotational Support Services Youth Resource Officer Rotational Support Services
B. Term of Specialized Assignments Specialized assignments which are rotational will generally be assigned for 3-5 years, unless otherwise specified at the time of assignment or extended by the Chief of Police, subject to personnel availability. Permanent specialized assignments may become rotational if the needs of the department so require. Personnel assigned to specialized positions serve at the discretion of the Chief of Police.
*EXCEPTION: The K-9 Officer assignment will be concurrent with the life of the working dog, or at the discretion of the Chief of Police.
C. Review Specialized assignments will be reviewed as needed by the respective division commander to determine the effectiveness and continuation of the assignment. Recommendations for changes will be forwarded to the Chief of Police.
IV. SELECTION FOR SPECIALIZED ASSIGNMENTS
A. Vacancy Announcements The Chief of Police will routinely announce a specialized assignment vacancy unless an immediate appointment is made by the Chief of Police to fill a department need. The vacancy announcement will indicate the applicable rank of the assignment and whether the assignment is rotational or permanent.
B. Qualification Eligibility To qualify for a specialized assignment, personnel must have been employed with the department as a sworn member for a minimum of three Herndon Police Department
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years, unless waived, and have no disciplinary action above a written reprimand (vehicle accidents excluded) within 12-months of the vacancy announcement.
C. Process and Selection Those meeting eligibility criteria may submit a memorandum of interest to the Chief of Police in response to the vacancy announcement, to include any pertinent information to be considered relative to the assignment. Interviews or other criteria may be part of the selection process and the Chief of Police will make the final selection.
1. Criteria utilized to select personnel for specialized assignments may include: • Skills, knowledge, and ability • Experience in the area of the special assignment • Level of performance as determined by personnel evaluations • Discipline record • Length of service when all other qualifications are equal
V. SUPPLEMENTAL ASSIGNMENTS
Supplemental assignments augment duty assignments and are invaluable to meeting the service demands of the department. Supplemental assignments may require advanced or enhanced training and are integral components in the career development program to support the department’s needs, mission, and goals. Supplemental assignments are detailed in the Career Development Program and may be expanded or abbreviated as needs dictate.
VI. TRAINING FOR SPECIALIZED OR SUPPLEMENTAL ASSIGNMENTS
A. Specialized and supplemental assignments require relevant training either prior to the assignment, after selection to the assignment, or as part of continued training within the assignment. Specialized training includes development or enhancement of the skills, knowledge, and abilities particular to the specialized or supplemental assignment, required refresher training or certifications, and/or supervised on-the-job training as applicable. Herndon Police Department
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B. Supervisors will assist officers assigned to specialized or supplemental assignments and ensure that they obtain necessary training prior to or following selection to the assignment. Supervisors should work with the Personnel and Training Section to facilitate the assigned officer’s training in order to fulfill the responsibilities of the position or assignment. However, as additional training is needed, it is incumbent upon the individual to determine ongoing training needs and seek to obtain it.
VII. WORKLOAD ASSESSMENTS
Workload assessments will be conducted by division commanders as requested by the Chief of Police to ensure that allocation and distribution of personnel continues to meet the demands of the department. Workload assessments shall be documented and must include data to support the conclusions of the assessment.
A. Support Services Workload Assessments The Support Services workload assessment should contain the following: • Mission, personnel allocation, and objectives of each section of the division • Special programs or projects completed within the three-year review period • Overall recommendations for changes in mission or staffing levels • Funding justifications for changes
B. Field Operations Workload Assessments The Field Operations workload assessment should contain the following: • Personnel allocated to each section of the division • Mission of each section and activities expected and performed during the three-year review period • The number of incidents handled by patrol personnel during the review period • The average time required to handle an incident at the patrol level, or a measurement of a sampling of cases • Temporal and geographic distribution of incidents throughout the Town Herndon Police Department
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• A calculation of the percent of time, on average, that is available to the patrol officer for handling incidents during a tour of duty • The time lost through days off, holidays, and other leave, compared to the total time required for each patrol assignment • Funding justification for shift staffing levels and specialized assignments to meet the demands for calls for service Herndon Police Department
GENERAL ORDERS
Personnel/Training Section 401 Effective Date: August 16, 2016 Page 1 SECONDARY EMPLOYMENT
I. POLICY
The department has established guidelines for secondary employment that are critical to effectively meeting the requirements and responsibilities of duty.
II. TERMINOLOGY
Off-duty employment - secondary employment for compensation separate from the Herndon Police Department undertaken during off-duty hours wherein the use of law enforcement powers is not anticipated. Off-duty employment does not include volunteer or charity work.
Extra-duty employment - secondary employment by sworn personnel of the Herndon Police Department wherein the actual or potential use of law enforcement powers is anticipated in the work or activities, and which results in any type of compensation, either by direct payment to the Town or by indirect payment of privileges or services to the sworn employee.
Direct Payment - compensation made directly to the Town of Herndon for an extra- duty assignment by police personnel and which the Town distributes funds to the sworn employee through the Town’s payroll system, at the sworn employee’s rate of pay.
Indirect Payment - compensation in the form of privileges or services. (Example: A reduction or waiver of rent in exchange for any services provided, however limited.)
III. SECONDARY DUTY
A. Off-Duty Employment Off-duty employment by sworn and civilian personnel shall not present a conflict of interest or interfere with the employee’s Town duties and responsibilities. Refer also to Administrative Regulation 1-29.
1. Prior to engaging in off-duty employment or entering into a business affiliation, personnel must obtain written permission in advance from the Town Manager by submitting an official request through the Chief of Police. Each request will be handled on an individual basis with a final approval or disapproval determined by the Town Manager.
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2. Personnel shall be aware that injuries incurred during off-duty employment will not be covered under the Town’s Workers Compensation or duty-related retirement.
3. Absence from duty due to injury or illness incurred during off-duty employment will necessitate the employee’s use of sick, annual or compensatory leave.
4. Off-duty employment shall not exceed 15 hours per day, which includes department duty time, except for mission critical activities or events as approved by a supervisor.
B. Extra-Duty Employment The Support Services Division Commander will oversee the coordination of extra- duty employment to ensure that extra-duty events and assignments adhere to Department policy. The Chief of Police and Division Commanders will approve extra-duty assignments, or can revoke or suspend assignments at any time, with or without cause. <22.2.5a,b,c,d>
1. Process a. When a request for extra-duty services is received by the Department, a supervisor will be authorized and assigned by a Division Commander as the Extra-Duty Coordinator for the event. The designated coordinator will provide an “Extra-Duty Employment Agreement” to the employer to complete and return.
b. When the extra-duty employment agreement is approved, the designated coordinator will be responsible for the following:
1. Explaining extra-duty procedures to employers;
2. Obtaining a project code for the event from the Finance Department;
3. Determining the minimum number of officers required to safely perform the assignment and planning the deployment and guidelines for the assignment;
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4. Posting personnel needs with dates/times to fill the requested position(s) along with specific instructions regarding the assignment;
5. Ensuring time slots are filled and reviewing the eligibility of those signed up to work the extra duty assignment.
6. Forwarding the original agreement, with completed hours, to the Administrative Assistant for final processing.
c. The Extra-Duty Coordinator will work as a liaison with the employer for the specific event and shall maintain contact to identify issues or provide feedback on concerns.
d. Upon completion of an extra-duty assignment, the Extra-Duty Coordinator shall forward a copy of the Extra-Duty Employment Agreement to the Chief’s Administrative Assistant for processing. The Administrative Assistant will forward the agreement to Finance and retain a copy for official Department records. The Department of Finance will bill the employer according to the total hours worked at the current police billing rate for extra-duty employment.
2. Eligibility a. Sworn personnel are eligible to work extra-duty assignments.
b. Officers on medical or other leave due to sickness or health reasons, temporary disability, or on light duty are not eligible to work extra-duty.
c. The Chief of Police has final approval of all individuals authorized to work extra-duty.
3. Extra-duty employment shall not present an actual or potential conflict of interest between the Department and the extra-duty employer or constitute a threat to the status or dignity of the law enforcement profession. Extra- duty assignments may involve traffic and pedestrian control, crowd control, security, or routine law enforcement activities. Extra-duty employment requests will not be approved for private investigators, private security
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employers or establishments that serve alcoholic beverages on the premises, unless approved by the Chief of Police.
4. Officers that sign up to work an extra duty assignment are subject to all Town and Department regulations pertaining to regular duty assignments. The Extra-Duty Coordinator shall ensure that officers who sign up for an assignment fully understand the responsibilities, dates/times and any special instructions prior to the event. Officers accepting an extra-duty assignment shall be responsible for finding a replacement if they are unable to fulfill the assignment.
5. An Extra-Duty Employment Agreement, which outlines the date(s) and purpose of the event, contact information, expected duties and responsibilities of the officer(s), agreement provisions with restrictions or limitations, revocation procedures, and other pertinent information, is required in order to initiate an assignment. Officers may engage in extra-duty employment when an employer has an approved agreement with the Department and the officer has signed up to work the extra-duty assignment.
5. Considerations a. Extra-duty commitments are scheduled for a minimum of three hours; however, extra-duty employment shall not exceed 15 hours per day, including department duty time.
b. Unacceptable performance during extra-duty assignments may result in suspension from working such assignments or result in other disciplinary action.
c. Work hours for all extra-duty employment must be scheduled in a manner that does not conflict or interfere with the employee’s performance during normal duty hours.
d. Officers exercising police authority in an extra-duty assignment shall adhere to all Department guidelines, directives, rules, and regulations while exercising such authority. Failure to adhere to such requirements may be cause for disciplinary action.
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e. Officers who engage in extra-duty employment shall wear the complete uniform and equipment, matching the uniform of the day unless otherwise authorized by a Division Commander. The proper wearing of the uniform shall comply with Department directives, rules and regulations. Officers shall only use equipment authorized or approved for the assignment.
f. Officers shall document all hours worked or committed during an extra- duty assignment on their time sheet and include the appropriate project number.
g. Officers shall submit an incident report if any police action was taken during the assignment and ensure that the Extra-Duty Coordinator is notified. Officers placing charges during an extra-duty assignment shall attempt to have the court case(s) set during their regularly scheduled court day. <22.2.5e>
6. Considerations for Extra Duty Employers a. The extra-duty employer must understand that they are paying for the services of a law enforcement officer and they shall not dictate to the officer orders concerning the enforcement of laws. Officers are responsible for taking appropriate law enforcement action when observing criminal activity on or off the employer’s property. Officers shall not be responsible for enforcing employer regulations which pertain to non-criminal conduct.
b. The extra-duty employer must understand that every effort will be made to staff the extra-duty assignment as approved; however, the approval of an assignment does not guarantee staffing of the assignment.
c. The extra-duty employer must understand that officers may be required to leave their assignment in the event of an emergency or recall by the Department.
d. The extra-duty employer must notify the Extra Duty Coordinator of a cancellation 48 hours prior to the date of employment. Failure to do so will require the extra-duty employer to pay a minimum of three hours (based on one officer). If an event is cancelled due to inclement weather
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and the Extra Duty Coordinator has received prior notice from the employer of a weather cancellation, no compensation will be required unless the officer, prepared to work the event, has reported for duty.
e. An extra-duty employer shall be required to pay a minimum of three hours, per officer, despite the duration of the assignment. When the employer decides that there is a need to extend the time for an officer to remain at the assignment beyond that which was scheduled, and the officer is already at the assignment working, the employer shall pay additional compensation for a full hour for any portion of an hour worked beyond the regular scheduled time. The extra-duty employer shall also be required to compensate for the officer’s time if extended due to the officer’s law enforcement action, such as an arrest.
f. The established hourly rate for officers working extra-duty assignments shall be determined by the Chief of Police. The hourly rate shall be reviewed periodically as appropriate and if necessary, shall be adjusted. Other forms of compensation, such as indirect payment, must be approved by the Chief of Police.
g. Extra-duty employers shall pay invoices as billed by the Finance Department directly to the Town for services rendered in the extra-duty assignment. Officers engaged in extra-duty employment shall NOT accept individual payment from extra-duty employers.
h. The extra-duty employer using an indirect method of payment shall provide a Form 1099 to the assigned officer.
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Personnel/Training Section 402 Effective Date: November 1, 2019 Page 1 UNIFORMS, EQUIPMENT AND PERSONAL APPEARANCE
I. POLICY
Sworn and civilian communications personnel perform their responsibilities in a uniformed capacity, unless exempt, and are issued an allotment of uniforms and equipment to carry out these duties. Only authorized uniforms and equipment may be utilized by sworn or civilian communications personnel when working in an official capacity. Grooming and appearance standards shall reflect professionalism for all department personnel. II. PROVISION OF UNIFORMS AND EQUIPMENT
A. The quartermaster procures and issues all uniforms and equipment for sworn and civilian communications personnel. An appropriate complement of uniforms and/or equipment will be issued to relevant personnel and documented on Form HP128 or HP128A, which will be retained by the Personnel and Training Section.
B. Issued uniforms and equipment must be properly maintained by the assigned employee and additional or replacement uniforms or equipment must be requested as appropriate. Damaged, lost, or otherwise inadequate clothing or equipment shall be reported to the employee's supervisor. The care, maintenance, and safekeeping of issued uniforms, accessories and equipment are the responsibility of the employee upon issuance and shall be subject to periodic inspections.
C. Uniformed personnel along with investigative personnel authorized to wear civilian attire, are provided dry cleaning services to ensure that uniforms and clothing are clean and well maintained. Alterations must be approved by the quartermaster.
D. Form HP128/HP128A will be used to document the return of uniforms or equipment based upon a change in job responsibilities, separation of employment, or other reason. The specific item(s) will be detailed on the form and retained by the Personnel and Training Section.
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III. UNIFORMS FOR SWORN PERSONNEL
A. Class A Police Uniform The Class A police uniform is reserved for special functions, ceremonies, or when otherwise directed by command staff. The exterior protective vest shall not be worn with the Class A police uniform. The Class A uniform consists of the following:
1. Long Sleeve White Shirt (Supervisors)
2. Blouse Coat (Supervisors); must be fully buttoned when worn
3. Long Sleeve Navy Uniform Shirt (Non-Supervisors)
4. Issued Tie and Tie Clasp
5. Badge, Name Bar, Rank Insignia appropriately displayed
6. Navy Uniform Trousers with Waist Belt
7. Black Dress Shoes (polished)
8. Uniform Hat with badge displayed; may utilize plastic cover as weather conditions necessitate
B. Duty Uniform The police duty uniform is designated for routine wear and operational assignments and allows individual options based on the preference of shirt or trouser style, weather suitability, or as designated by the shift supervisor or command staff. The designated uniform of the day for sworn uniformed personnel is established by the shift supervisor or command staff and any complement of uniforms necessary to accommodate weather conditions or promote the mission of the department may be designated. The police duty uniform consists of the following:
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1. Navy Short Sleeve Uniform Shirt
2. Navy Long Sleeve Uniform Shirt (shall be worn with the sleeves fully extended and the cuffs buttoned at all times)
3. Crew Neck T-Shirt or Turtleneck Style Undershirt – NOT ISSUED (Navy, Black, or White)
4. Badge, Name Bar, Rank Insignia appropriately displayed
5. Navy Uniform Trousers
6. Navy Uniform Cargo Trousers
7. Navy Uniform Cargo Shorts (must be worn with black low or quarter athletic boots)
8. Sam Browne Leather Duty Belt or Nylon Duty Belt
9. Black Boots (low or quarter) or Black Athletic Boots (low or quarter) but no Tennis Shoes
10. Socks – NOT ISSUED (Navy, Black, or White)
11. Uniform hat with badge displayed; may utilize plastic cover as weather conditions necessitate
12. Uniform Baseball Cap a. May be worn during special assignments
b. May be worn during extended traffic control activities
c. May be worn during range training
d. May be worn on duty as directed by the shift supervisor
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e. Shall NOT be worn inside or off duty
13. Knit Hat - may be worn during cold and inclement weather conditions but is not to be worn inside.
14. Interior or Exterior Protective Vest – worn based on individual preference or assignment (see further information provided in this policy). If wearing an exterior vest, the badge and name bar must be worn on the vest.
15. Reversible Raincoat – worn with the badge displayed during applicable weather conditions; reflective side must be worn when needed for high visibility.
16. Reflective Traffic Vest - shall be worn while conducting traffic control, working accident scenes, during any extended police roadside activity where visibility and safety precautions must be taken, or as directed by the shift supervisor.
C. Special Police Uniforms 1. Officers assigned to the Traffic Section are issued additional uniforms and equipment to include a motorcycle jacket, breeches, boots, gloves and helmets.
2. Officers in patrol are authorized uniform cargo shorts for seasonal wear from May 15 to September 15. Officers working specific assignments and special events may be designated or authorized to wear cargo shorts during the season. The shorts may be worn as an alternative to trousers. Black athletic boots (low or quarter) with black socks that do not exceed the top of the shoe must be worn with the shorts.
3. Officers conducting bicycle patrol are authorized a special duty uniform conducive to cycling, outdoor weather, and visibility.
4. Officers working in training or an administrative capacity are authorized optional utility uniforms consisting of polo shirts and cargo pants.
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5. Officers responding to crime scenes or accident reconstruction initiated from a call-out are authorized utility uniforms consisting of polo shirts and cargo pants.
6. Officers assigned to the Honor Guard are issued special ceremonial uniforms and equipment.
D. Uniforms Authorized for Court Appearances 1. Duty Uniform a. Uniform trousers or uniform cargo trousers may be worn based on personal preference; however, if uniform cargo trousers are worn, they must be neat in appearance with pockets not visibly bulky or bulging, or contents hanging out.
b. An interior or exterior protective vest must be worn with the duty uniform for court appearances.
c. Only uniformed police are permitted to carry their firearm in the duty holster in the courthouse. When attending court, sworn personnel may wear the waist belt and duty holster in lieu of the duty belt.
2. Traffic Section Uniform The Traffic Section uniform is authorized for court appearances.
3. Plain-Clothes or Civilian Attire Civilian attire suitable for court must present a professional, business-like appearance, such as a suit and tie.
a. Law enforcement officers wearing plain-clothes or civilian attire, conducting either official police or personal business, will NOT be permitted to carry a firearm in court. Unless uniformed, officers shall secure their weapon in appropriate lockers.
4. Hats, bike uniforms, utility uniforms, or uniform cargo shorts are PROHIBITED for court appearances.
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E. Attire for Investigative Officers 1. Officers assigned to the Criminal Investigations Section are provided an annual stipend to purchase clothing suitable for duty and court appearances.
2. Officers assigned to special task forces are authorized to wear apparel conducive to the assignment.
F. Attire for Surveillance or Stakeout 1. Operations that do not involve an anticipated apprehension for a crime in progress, or which must be performed without officers being recognized as such, may be undertaken in plain clothing as determined by a division commander and outlined in an operations plan. 2. Officers shall have their police arm band, raid jacket, or other law enforcement identifying apparel readily available should the need arise to identify themselves as a police officer.
3. When a surveillance or stakeout operation is conducted within a structure for the planned apprehension of offenders for crimes in progress, sworn personnel shall wear an issued police duty uniform, with the badge and shoulder emblem displayed.
G. Optional Equipment Optional equipment is authorized but not issued as indicated below:
1. Personal flashlights similar to the issued flashlight may be carried. No metal flashlight utilizing “C” size batteries or larger may be carried.
2. Personal knives may be carried for utility purposes.
IV. PROTECTIVE (BALLISTIC) VESTS
A. Protective vests are issued to all sworn personnel. The wearing of the soft body armor protective vest offers core protection from gunfire or other impact instruments based on the rating level of the vest. All vests acquired by the Department are certified to threat level II as established by National Institute of
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Justice (NIJ) rating standards. The threat level II rating offers medium level ballistic protection that includes high velocity handguns as tested and rated.
B. Officers are issued two styles of vests; an exterior patrol vest cover that is worn over the uniform shirt, and an interior vest that can be worn under the uniform shirt.
C. The Personnel and Training Section issues all protective vests and is responsible for maintaining all records pertaining to department issued vests.
D. The department issued protective vest shall be worn by all officers assigned to patrol and field operations functions and assignments during their tour of duty. This requirement applies to patrol officers and supervisors, motor officers, canine officers, commanders assigned to patrol squads, administrative officers acting in any patrol function, and staff officers while in uniform and patrolling in a marked or unmarked police vehicle or on foot or bicycle patrol. This requirement also applies to officers/supervisors performing ride-alongs, overtime assignments, or extra/off-duty assignments.
E. Officers not assigned to patrol, such as detectives and administrative officers, are exempt from the mandatory wear policy but are encouraged to wear their protective vest while in public. The protective vest shall be worn by detectives and administrative officers during any high-risk operation. Such officers must always have their protective vest immediately available while on duty. “Immediately available” means that the vest is either at or near the officer’s workspace or in their assigned vehicle. Officers/supervisors responding to court or Town or citizen meetings are also encouraged to wear their protective vests.
F. The protective vest shall be routinely inspected by supervisors. Supervisors must ensure that officers are properly maintaining the vest. Such inspections shall include monitoring for signs of damage or wear, fit, and cleanliness.
G. The Chief of Police or designee, at their discretion, may temporarily exempt an officer from the requirements under this section. Special exemptions may include medical reasons or other circumstances which would make it inappropriate to mandate wearing the protective vest. Requests for special exemption from this
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policy must be made through the chain of command to the Chief of Police or designee.
H. Personnel operating in a pre-planned, high-risk operation shall wear a Department issued protective vest. High-risk operations include, but are not limited to, execution of drug search warrants, operations involving hostages or barricaded suspects, or any operation which the supervisor of the operation feels that use is necessary.
V. UNIFORMS FOR COMMUNICATIONS PERSONNEL
A. The duty uniform designated for communications personnel consists of the following:
1. Polo Shirt
2. Uniform Trousers - personnel assigned to the Communications Section are provided an annual stipend to purchase black uniform trousers suitable for duty.
3. Fleece Jacket
4. Black Shoes - NOT ISSUED
VI. GROOMING AND APPEARANCE
A. Specific Guidelines for Sworn Males
1. Hair shall not interfere with the normal wearing of uniform hats or protective head gear, such as gas masks.
2. Hair shall be well groomed, evenly trimmed, and shall not exceed two inches in length in a perpendicular line from the scalp. The sides and back of the hair may be either tapered or blocked but shall not fall over the ears or eyebrows. Hair shall not extend over the shirt collar.
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3. Hairpieces may be worn as long as it is a naturally occurring hair color and the style and length conform to grooming standards.
4. Hair shall not be worn in braids, cornrows, dreadlocks, plaits, pigtails, Mohawks, or drawn together and pinned. Designs shall not be shaved in the hair or scalp.
5. Sideburns must be well groomed, neatly trimmed, and shall not extend past the ear lobe.
6. Facial Hair a. Beards are allowed, subject to the following: • Must not be longer than ¼ inch in length. • Must not extend below the jaw line or extend down the front of the neck. • Must be consistent in length, naturally colored, and well groomed.
b. Goatees (close-cropped hair on the chin with an integrated mustache connected on both sides of the mouth to form a completely enclosed circle) are allowed, subject to the following: • Must not exceed ¼ inch in length. • Must not extend beyond ¼ inch from the corner of the mouth • Must not extend below the jaw line or extend down the front of the neck. • Must be consistent in length, naturally colored, and well groomed.
c. Mustaches are allowed, subject to the following: • Must not exceed ¼ inch in length. • Must not extend beyond ¼ inch from the corner of the mouth. • Must not extend below the upper lip line. • Must not be waxed or twisted. • Must be consistent in length, naturally colored, and well groomed.
d. The following facial hair is NOT permitted: • “Pencil” (pencil thin designed hairline to form a beard or goatee) or “Chin-strap” (only beard).
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• The “Royale” or “Soul Patch” (a tuft of hair under the lower lip). • Chin Beard (a beard formed by a tuft of hair solely on the chin, lacking the accompanying mustache). • Extreme designs, non-traditional styles such as “Mutton Chops”, “Fu Manchu”, etc., and shapes shaved into the facial hair.
e. Supervisors will ensure that personnel under their command maintain a neat appearance while growing facial hair. If at any time the supervisor determines that facial hair is not within the standards of this directive, the officer will be required to comply with grooming standards before resuming official duties and may be subject to discipline.
7. Personnel with medical conditions, such as Pseudo folliculitis barbae (PFB), may be exempt from grooming standards. In order to be granted an exemption, an officer must submit a memorandum, through the chain of command, to their division commander with documentation of the condition, signed by the treating physician. If the medical condition is persistent, documentation from a treating physician must be submitted annually.
8. Conspicuous jewelry or other accessories is prohibited; however, wristwatches, wedding bands, class rings etc. are permitted. Sworn male personnel shall not attach, affix or display objects, articles, jewelry or ornamentation to or through the ear, nose, tongue, or any exposed body part while on duty or acting in an official law enforcement capacity. Exemptions may apply for undercover assignments.
B. Specific Guidelines for Sworn Females 1. Hair shall be neat and well groomed. The hair style shall not interfere with the normal wearing of uniform hats or protective head gear, such as gas masks.
2. Hair shall not extend over the shirt collar. Hair may be drawn together and pinned against the head to meet this requirement.
3. Hairpieces may be worn as long as it is a naturally occurring hair color and the style and length conform to grooming standards.
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4. Hair shall not be worn in braids, cornrows, dreadlocks, plaits, pigtails, or Mohawks. Designs shall not be shaved in the hair or scalp.
5. Conspicuous jewelry or other accessories is prohibited; however, earrings, wristwatches, wedding bands, class rings etc. are permitted. Sworn female personnel shall not attach, affix or display objects, articles, jewelry or ornamentation to or through the nose, tongue, or any exposed body part while on duty or acting in an official law enforcement capacity. Earrings may be worn by sworn female personnel, but must be small, plain, button or post type, in gold, silver, or pearl. Only one earring may be worn in each ear. Loop, ring or dangle style earrings shall not be worn. Necklaces or other objects, articles, jewelry or ornamentation shall not be visible while in uniform. Exemptions may apply for undercover assignments.
C. Authorized Exemptions Certain positions or duties, as approved by the Chief of Police, such as undercover or special task force assignments, necessitate relaxed grooming and appearance requirements and will be permitted an exemption from these guidelines. Personnel fulfilling these assignments will not be permitted to engage in extra- duty employment when a police uniform is required to be worn.
D. All Personnel 1. All personnel must be mindful of standards set forth in this policy and maintain a clean, neat, and well-groomed appearance consistent with good judgment, professional standards, and the Department’s mission.
2. While on duty, non-sworn personnel are strongly discouraged from attaching, affixing or displaying objects, articles, jewelry or ornamentation to or through the ear (other than small earrings), nose, tongue, or any exposed body part.
3. The use of dyes, tints, or bleaches for hair must result in a naturally occurring hair color. Shades of color that are not a naturally occurring hair color are prohibited.
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4. Tattoos/Brands (Body Art) a. Tattoos or brands anywhere on the body that are obscene, offensive, related to gangs, or that advocate sexual, racial, ethnic, or religious discrimination are prohibited.
b. Tattoos or brands visible anywhere on the head, neck or face are prohibited.
c. If the particular nature of the tattoo or brand comes into question, the employee shall provide in writing, an explanation along with a photo of the meaning of the tattoo or brand, for review by a division commander in order to determine if the tattoo or brand meets the guidelines of this policy. If it is determined to be in violation of policy, the tattoo or brand must be fully covered.
d. While in court, officers are strongly encouraged to cover multiple visible tattoos or brands on the arms.
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Personnel/Training Section 403 Effective Date: April 24, 2019 Page 1 PERFORMANCE EVALUATIONS
I. POLICY
The department measures and documents performance through a performance evaluation system and other reviews to ensure job requirements and responsibilities are met.
II. TERMINOLOGY
o Performance Evaluation Measurement Definitions: - Exceptional – performance exceeds expectations and is consistently outstanding. - Above Expectations – performance is consistently above expectations. - Meets Expectations – performance consistently fulfills expectations and at times exceeds them. - Needs Improvement – performance does not consistently meet expectations; deficiencies should be addressed. - Unsatisfactory – performance is consistently below expectations; deficiencies should be addressed.
III. EVALUATION SYSTEM
The performance evaluation system, administered by Human Resources and detailed in the Town of Herndon’s “Pay-for-Performance Handbook”, includes measurement definitions, documentation procedures, types of evaluations (staff, supervisor, and manager), program goals, roles and responsibilities of employees and supervisors, established competencies and associated training. A. Types of Evaluations The department will utilize the following types of evaluations:
1. Individual Goals The supervisor and employee will agree to individual goals in advance, based on the employee’s job responsibilities, to complete by the end of the annual evaluation period. The supervisor will monitor the setting and attainment of goals to promote personal development, encourages individual achievement, and meet requirements of the Career Development Plan. Herndon Police Department
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2. Interim Evaluation The interim evaluation will be completed at the six-month interval in the annual evaluation period to document status of performance, progress toward goals, training to be completed, and recommended improvements or other job-related requirements at the interval.
3. Annual Evaluation <35.1.2> The annual evaluation will be completed at the end of the annual performance period to document: • the overall status of performance for the period, • the attainment of goals, • fulfillment of career development requirements, • training completed or needed, • the status of recommended improvements, other job-related requirements, or career counseling.
B. Evaluation Process and Components 1. The actual dates covered by the evaluation will reflect the performance evaluation period indicated. 2. The evaluation will include established competencies to assign a numerical measurement along with a section for specific comments. 3. Prior to discussing a completed evaluation with an employee, the documenting supervisor should review the results of the performance evaluation with their chain of command, up to the division commander. Supervisors should be prepared to substantiate ratings and recommendations contained in the evaluation, as well as expected performance, goals achieved, career development requirements, targeted improvement, and training completed or needed. The chain of command’s review and agreement with the results, prior to delivery, will ensure consensus in the assessment. The performance evaluation is critical to document overall findings, expectations, recommendations for development or improvement, and preparation for advancement. Herndon Police Department
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4. After the evaluation has been discussed with the employee, the employee will have an opportunity to sign and provide comments. Completed evaluations will be accessible to the employee from the electronic self-service portal and will be maintained by Human Resources as part of the employee’s official employment record. 5. If an employee disputes a rating on an evaluation, the employee should first work with the supervisor to resolve the issue by providing facts or documentation to support their objection before further disputing the issue through the chain of command. The Chief of Police, in conjunction with Human Resources, will make the final determination regarding the dispute. Performance evaluations are not eligible for the grievance process (see 54-81 of the Herndon Town Code). C. Supervisors’ Responsibilities Supervisors have a critical role in the performance evaluation process. Regularly providing feedback to employees on expectations and observations, documenting specific examples throughout the evaluation period, and recommending corrections as issues arise, are crucial to objectively evaluating performance. The following points provide practical guidance to consider when completing performance evaluations:
1. Focus on performance behavior; the goal is to evaluate the employee on how they perform their duties.
2. Do not only focus on recent activities and ignore earlier performance. This can be avoided more easily by documenting and communicating performance issues on a more frequent basis.
3. Provide an accurate and reliable assessment by addressing what the employee accomplished or failed to accomplish during the rating period. The goal is to correct performance to meet the expectations of the position in an acceptable manner.
4. Don’t exaggerate or generalize, but take the time to be objective and honest. Don’t “copy and paste” from previous evaluations.
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5. Ratings should not be surprising to the employee, but should accurately reflect the met or unmet performance expectations as discussed throughout the evaluation period.
6. Rate the employee’s performance for each competency based on meeting the position’s requirements and responsibilities. The evaluation should reflect a thoughtful consideration of the employee’s individual abilities and areas where focus is needed.
7. Ensure that issues previously identified are being or have been addressed effectively. Be sure there is agreement on areas that need improvement.
8. Actively listen for concerns or complaints of unfair treatment and document the specifics of the concerns so that any alleged discrimination can be investigated and properly handled.
D. Supervisors and managers will be rated in their annual performance evaluation on additional supervisory competencies and will be accountable for effective supervision and leadership.
IV. PERFORMANCE A. Satisfactory performance is required of all employees. Supervisors should regularly meet with assigned employees to discuss expectations and establish performance standards that meet or exceed performance expectations. Continued coaching and feedback by the supervisor provides employees with opportunities to acknowledge exceptional work or identify issues that need to be corrected, as it arises. Periodic discussions with the employee during the evaluation period are encouraged and should be documented by the supervisor.
B. Unsatisfactory performance should be discussed with the employee as soon as possible and specific guidance given to the employee to address the deficiency or improve the performance. Unsatisfactory performance as documented by ratings of “needs improvement” or “unsatisfactory” on one or more competencies on a performance evaluation will necessitate the initiation of a Performance Improvement Plan (PIP) as outlined in the Town of Herndon’s Pay-for- Herndon Police Department
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Performance Handbook. The plan will be developed by the supervisor, approved by a division commander and Human Resources, and signed and acknowledged by the employee. A PIP may be instituted for up to six months depending on the requirements of the plan. The employee will be evaluated on progress toward the stated improvements in the PIP at the middle and the end of the period covered by the plan. An employee who has not met the requirements outlined in the PIP at the end of the plan period may be subject to further action or discipline.
C. Employees subject to a probationary period must meet satisfactory performance requirements. If a probationary employee’s performance is unsatisfactory, the supervisor will notify the Chief of Police, through the chain of command, and Human Resources will be consulted for next steps or available options.
V. EARLY WARNING SYSTEM A. The department has established an Early Warning System to identify officers in need of structured intervention measures to address problematic behavior or other potential issues. Unlike the PIP which focuses on specific competencies, an Early Warning System review focuses on specific law enforcement performance indicators. The objective of the Early Warning System is to: <35.1.9a>
1. Recognize incidents, practices, or patterns of behavior that negatively impact the department’s mission or the officer’s performance, and
2. Provide structured intervention through monitoring, training, counseling, or other productive means to improve performance. <35.1.9g,h>
B. Early Warning System Reviews and Intervention Plans 1. When, in the judgment of a supervisor or other command official, an officer exhibits recurring performance or behavioral concerns, the supervisor shall document specific details in a memorandum through the chain of command to the appropriate division commander. The division commander, in consultation with the Chief of Police, will determine if an Early Warning System review on an officer is necessary. <35.1.9b>
2. If it is determined that an Early Warning System review is warranted, the division commander may review, at a minimum, the following: <35.1.9c> Herndon Police Department
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a. Citizen/Employee Complaints: the number of allegations of misconduct; the number of substantiated complaints; the profile of the complainant in cases of suspected bias; the number of off-duty events; and a pattern of allegations.
b. Administrative Investigations: the types of complaints, findings and sustained violations.
c. Use of Force Incidents: the number of allegations; the types of force used; and the comparison from year to year.
d. Preventable Motor Vehicle Accidents: the seriousness of the accident; the type of violation or activity that led to the accident.
e. Civil Litigation: the number and types of lawsuits; the findings from the suits; the adverse effects of media attention, if any.
f. Pursuits: the number of pursuits, reasons for initiation, etc.
g. Enforcement Statistics: arrests, traffic stops, issuance of summonses, field contacts, etc.
h. Audio/Video Recordings: in-car and body worn camera recordings for a specific time period.
i. Performance Evaluations: interim and final performance evaluations, career development records, for a specific time period.
j. Training Records: all training received/requested for a specific time period.
k. Awards: all commendations, awards received, compliments documented.
3. Based on the findings of the Early Warning System review, it may or may not indicate that intervention is justified. If at any time the review indicates Herndon Police Department
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criminal activity or warrants an administrative investigation, appropriate action shall be taken.
4. If it is determined that intervention is warranted, the division commander shall work with the officer’s supervisor to propose an intervention plan that may include training, EAP or peer counseling, or other methods that would support improvement. <35.1.9d,f>
5. The following elements should be included in an intervention plan. Follow-up documentation should indicate the progress of each element:
a. Reasons for the plan;
b. Corrective measures taken;
c. Proposed intervention plan;
d. Timeframe of intervention plan;
e. Conclusion (Progress Achieved or Further Action Warranted).
6. The affected officer shall be notified, and the supervisor, lieutenant, and division commander shall review the proposed intervention plan with the officer who will sign and acknowledge the intervention plan. An intervention plan does NOT constitute an administrative investigation and the officer will not be compelled to make any statements. <35.1.9d>
7. Intermittent follow-ups will be conducted to measure progress of the officer’s intervention plan and shall be documented by the officer’s immediate supervisor with notification through the chain of command to the division commander.
8. Upon completion of an intervention plan, a meeting will be held with the officer, the supervisor, the lieutenant and the division commander to discuss the success of the intervention plan. If completion fails to result in improvement, disciplinary action will be taken. <35.1.9d> Herndon Police Department
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9. The Early Warning System review, intervention plan, and associated follow- ups shall be documented in the officer’s personnel file.
C. Annually, each division commander shall conduct an evaluation of the Early Warning System and submit a written report to the Chief of Police. <35.1.9e>
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Personnel/Training Section 404 Effective Date: February 18, 2021 Page 1 TRAINING
I. POLICY The department ensures that official training meets mandatory standards and supports progressive development for sworn and civilian personnel.
II. TRAINING OVERSIGHT A. The Personnel and Training Section manages and coordinates training for the department. Primary responsibilities include:
1. Coordinating basic recruit and in-service training with the academy,
2. Coordinating field training with the department’s field training supervisor and field training instructors,
3. Coordinating mandatory, recertification/refresher and approved training with the academy, providers, or vendors,
4. Coordinating new communications technician training,
5. Coordinating, planning, developing, implementing, and evaluating training programs,
6. Communicating required and/or available training to personnel,
7. Maintaining training and attendance records and ensuring personnel complete and/or reschedule training,
8. Ensuring that training is conducted pursuant to state requirements, operational goals, and professional standards.
B. Training Committee The Support Services Division commander will ensure that a committee of personnel will be established to develop and evaluate the training needs of the department, with input from representative sections, functions, and specialties.
1. At a minimum, the Training Committee will consist of the Support Services Division commander, the Personnel and Training Section supervisor and corporal, the field training supervisor, firearms and defensive tactics instructor representatives, and others as designated by the commander.
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2. The Training Committee will meet at least biannually to evaluate training goals, discuss ideas and concerns, and recommend changes that relate to training.
3. Findings and details of the committee will be reported to the Chief of Police by memorandum from the Support Services Division commander, or designee.
III. TYPES OF TRAINING
The department must ensure appropriate mandatory, refresher, advanced, and discretionary training is provided to meet state and departmental requirements according to the position and the needs of the department.
A. Police Academy Training <33.4.1> Police recruits, hired to become certified police officers, must successfully complete an approved, state-mandated law enforcement academy as a condition of continued employment. Police recruits are civilian employees that do not have arrest authority and are not authorized to carry departmental firearms, weapons, or police equipment prior to academy graduation. Following graduation and upon certification as a police officer, police recruits become probationary officers.
1. The department is a member agency of the Fairfax County Criminal Justice Academy, which provides basic law enforcement academy training, in- service, and other specialized training courses to the department, and is DCJS accredited. Recruit training at the academy will be based on law enforcement tasks and evaluated by instructors based on required knowledge, skills, and abilities, which will be outlined in orientation materials and training information disseminated at the beginning of the academy class. <33.4.2a,b,c>
2. The Personnel and Training Section will maintain liaison with the department’s academy instructor to monitor the performance of enrolled police recruits. <33.4.3d>
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B. Field Training Probationary officers (recent graduates of a law enforcement basic academy and certified police officer new hires) must complete mandatory department field training supervised by a field training instructor. Probationary officers must demonstrate throughout the program sufficient knowledge and skill to perform independently as a police officer. Field training is based on tasks that are most frequently performed by law enforcement personnel and competency is measured in the required skills, knowledge, and abilities. 1. Probationary officers that have just graduated from the basic law enforcement academy must complete field training for a minimum of 240 hours. <33.4.3a>
2. Probationary officers that are certified law enforcement officers must complete field training until recommended for release. The amount of time a certified officer spends in training will vary depending on their level of experience. Certified officers who are deputy sheriffs and have not previously worked in a patrol capacity will be required to complete a minimum of 240 hours in the field training program.
3. The Field Operations Division commander and the Chief of Police will make the final determination as to the probationary officer’s readiness for independent patrol.
C. Mandated In-Service Retraining (MIR) <33.5.1> The Virginia Department of Criminal Justice Services (DCJS) mandates the completion of required in-service training hours that must be accomplished for sworn personnel to maintain their law enforcement certification. Sworn personnel’s in-service training requirements, to include legal updates, are monitored annually for compliance. The Personnel and Training Section maintains training records and notifies personnel of training opportunities to ensure that requirements are met.
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D. Civilian Training
1. Communications Technicians Communications technicians will be required to successfully complete a DCJS approved, basic communications course, unless waived or modified due to certification. During communications training, new technicians, unless previously certified, must complete a minimum of three months of communications job training supervised by a communications training instructor and demonstrate sufficient knowledge and skill to perform independently until recommended for release.
2. Parking Enforcement The parking enforcement official will be required to complete a structured training program under the direction of the Traffic Section supervisor, to perform the responsibilities of the position.
3. Civilians Non-sworn personnel will be provided initial and advanced (as necessary), job-related training to perform their duties. Initial orientation will be provided to civilians to introduce them to the law enforcement environment with information on:
a. The department’s role, purpose, goals, policies, and procedures, b. Working conditions and regulations.
E. Supervisory Training 1. Sworn and civilian supervisors will receive job related, leadership, and other applicable training that will enhance their skills, knowledge, and abilities.
2. Job related training for the new position will be provided for all newly promoted personnel. <33.8.2>
F. Accreditation Training <33.5.3> Department members will receive information regarding accreditation and the associated benefits and process within 30 days of employment or completion of the police academy.
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G. Department Conducted Training The department will conduct routine, specialized, or advanced training courses as appropriate and use available resources and personnel to develop and instruct the courses. If training is DCJS applicable, instructors for such training shall prepare lesson plans to establish the purpose of the training and set performance objectives. The lesson plans shall be reviewed by a division commander and approved by academy staff to ensure they achieve DCJS applicability. All lesson plans shall include the following:
1. A statement of performance and job-related objectives,
2. The content of the training and specification of the appropriate instructional techniques,
3. List of resources used in the development of the curriculum,
4. List of resources required in the delivery of the program,
5. A process for approval of lesson plans, and
6. Identification of any tests used in the training process.
H. Remedial Training <33.1.5a,b> Supervisors or commanders will direct personnel to undergo remedial training, where needed or identified, to improve specific performance deficiencies. Remedial training must be completed as directed within a specific timeframe and documented. Failure to successfully complete remedial training may result in disciplinary action, to include termination.
I. Roll Call Training Supervisors or other qualified personnel shall regularly provide supplemental training on emerging topics or refresher training on routine subject matters to Patrol personnel at the beginning or during shifts, as necessary.
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J. Full-time Academy Instructor Training Full-time academy instructors shall receive instructor development training to include: 1. Preparing lesson plans, 2. Establishing performance objectives, 3. Instructional, testing, and evaluation techniques, 4. Defining resource availability and use.
K. Advanced, Specialized, or Other Approved Training Specific training will be provided, as needs or requirements dictate, to develop personnel, promote professional growth, certify employees for a function or activity, or train personnel for specialized assignments.
IV. FIELD TRAINING PROGRAM
The department’s field training program requires a probationary officer and a field training instructor (FTI) to work together to complete a structured training program. An FTI will be designated to provide daily guidance, mentoring, and direction during the field training process to develop the probationary officer for independent patrol. The Chief of Police will designate a field training supervisor that will oversee the field training program, FTIs, and all aspects of training related to probationary officers. The field training supervisor will coordinate training activities with the Personnel and Training supervisor.
A. FTI Selection and Training <33.4.3b,c,e> 1. FTIs will be approved annually by the Field Operations commander.
2. FTIs must have three years’ law enforcement experience, met satisfactory ratings in their performance evaluation, and possess demonstrated ability to work well with and effectively instruct others.
3. FTIs must successfully complete a DCJS approved FTI Instructor Course and undergo department-level retraining every two years to remain active as an approved FTI.
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4. FTIs shall be supervised and evaluated by their immediate supervisor with oversight by the field training supervisor.
5. FTIs will receive one hour of overtime compensation daily when serving as an FTI to complete paperwork.
B. The field training program will involve the following:
1. The program relies on a Field Training Manual to provide structured guidance to ensure all areas of policy and procedure are thoroughly covered. The manual, along with daily observation and trainee’s self-evaluation reports, shall document the progress and activities of the training program.
2. The probationary officer will rotate assignments in various sections of the department, and on different shifts, or experience other assignments as directed to broaden their understanding of department functions. <33.4.3f>
3. The probationary officer will eventually advance to performing all police tasks without the direct intervention of the FTI. The FTI will accompany the probationary officer during this period, but will function only as an observer and evaluator, and will avoid interfering with the probationary officer’s police performance except in emergencies or in situations beyond the probationary officer’s ability to handle or control an incident.
4. When the FTI determines that the probationary officer has gained sufficient knowledge and skill to perform as an independent patrol officer, the FTI will recommend to the field training supervisor that the probationary officer be released from field training. The field training supervisor or designee shall ride with the probationary officer to observe their demonstrated ability. The field training supervisor will affirm the FTI’s recommendation that the probationary officer be released from field training and will advance the recommendation to the Field Operations commander. The final decision to release the probationary officer from field training rests with the Field Operations commander, endorsed by the Chief of Police.
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5. If it is determined at any point in the field training process that the probationary officer is not progressing satisfactorily, the FTI shall confer with their immediate supervisor and the field training supervisor and outline the areas of concern. The Field Operations commander will review the matter and make recommendations on whether to continue training.
C. The following documentation shall be completed for all probationary officers: <33.4.3g,h>
1. FTI/Probationary Officer Agreement – completed by the probationary officer and the FTI, electronically signed and saved by the FTI to the designated network folder.
2. Daily Observation Reports – completed by the FTI and saved to the designated network folder for review by the immediate supervisor and the field training supervisor. In order to provide immediate feedback to the probationary officer in training, FTIs shall ensure that each Daily Observation Report is completed and reviewed with the probationary officer no later than the next scheduled shift.
3. Probationary Officer’s Self-Evaluation Reports – completed by the probationary officer, reviewed by the FTI, and saved to the designated network folder for review by the field training supervisor. The Self-Evaluation Report shall be completed by the probationary officer at the completion of each work week.
4. Field Training Critique – completed by the probationary officer and forwarded directly to the field training supervisor at the completion of training with each FTI. This critique provides direct feedback to the field training supervisor on the training activities, the FTIs, and other information that will serve to evaluate and/or improve the program.
5. Field Training Manual – completed by the probationary officer and the FTI, electronically signed and saved by the FTI to the designated network folder for review by the immediate supervisor and the field training supervisor.
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V. COMMUNICATIONS TRAINING PROGRAM
New communications technicians will be required to complete basic telecommunications school and a minimum of three months of on-the-job training in the communications training program, unless waived or modified due to certification. The program requires the new technician and a communications training instructor (CTI) to work together to complete the structured training program. A CTI will be designated to provide daily guidance, mentoring, and direction during the training process to develop the technician for independent duty. A. The communications on-the-job training program involves the following:
1. The program relies on a Communications Training Checklist to provide the structure to ensure all areas of policy and procedure are understood and applied. The checklist, along with daily observation reports, shall document the progress and activities of the training.
2. Initially, the new technician will serve as a backup to the CTI while learning basic communications skills.
3. Once progress is observed, the new technician will begin to perform dispatching duties while under the direct supervision of the CTI. The technician must be appropriately certified for VCIN/NCIC access prior to being permitted to work without direct supervision.
4. The new technician will advance to performing all dispatching tasks without the direct intervention of the CTI, except in emergencies or in situations beyond the new technician’s experience or ability to handle.
5. If it is determined that the new technician has gained sufficient knowledge and skill to operate independently, the CTI will make a recommendation to release the technician from training through the chain of command and the Personnel and Training Section supervisor. The Personnel and Training Section supervisor shall also ensure that DCJS minimum training standards are met to be recommended for release. The final decision to release the new technician for independent duty will be made by the Support Services commander, endorsed by the Chief of Police.
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6. If it is determined that the technician is not progressing satisfactorily, the CTI shall confer with the communications manager and the Personnel and Training Section supervisor and outline the areas of concern. The Support Services commander will review the matter and make appropriate recommendations on whether to continue training.
B. CTI Selection and Training 1. CTIs will be selected by the Communications Manager and approved by the Support Services Division commander.
2. CTIs must have completed two years’ communications experience, met satisfactory ratings in their performance evaluation, and possess demonstrated ability to work well with and effectively instruct others.
3. CTIs shall be supervised and evaluated by their immediate supervisor with oversight by the Personnel and Training Section supervisor. CTIs will receive one hour of overtime compensation daily when serving as a CTI to complete paperwork.
VI. TRAINING ADMINISTRATION A. Requests for Training All requests for training that require travel expenses must be approved in advance utilizing form HP493 – “Herndon Police Department Training Request” and be in accordance with Town of Herndon AR 5-1 – “Travel and Fund Advances”.
B. Attendance Personnel shall attend all approved, assigned, mandated, or directed training, as it will be treated as a duty assignment and documented. Personnel shall follow all policies, procedures, and rules and regulations of the training facility while attending training. Any absence must be formally excused by the immediate supervisor or the Personnel and Training Section and then rescheduled as appropriate. The Personnel and Training Section will assist personnel to reschedule mandatory training that must be completed. Unexcused absences will be brought to the attention of the Support Services Division commander.
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Personnel/Training Section 404 Effective Date: February 18, 2021 Page 11 TRAINING
C. Records <33.1.6> 1. Training records of department personnel shall be maintained and updated by the Personnel and Training Section and will include the date, type, certification, attendance and other applicable information regarding the training received.
2. Training records shall be maintained on each training class conducted by the department, regardless of whether it qualifies for DCJS credit, to include: a. Lesson plan, if applicable, or topic information, b. Roster of attendees, c. Scores attained by attendees, if measured by tests.
3. All training records shall be retained in accordance with the Library of Virginia Records Retention Schedule.
D. Annual Training Assessment The Assistant Support Services commander with organizational responsibility over the Personnel and Training Section shall prepare an annual assessment of departmental training to evaluate whether current training programs are meeting the department’s needs and requirements at the organizational, operational, and specialty level. The assessment should solicit input from the Training Committee and supervisors and include recommendations, as appropriate, for changes.
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Personnel/Training Section 405 Effective Date: January 2014 Page 1 AWARDS
I. AWARDS SYSTEM
Consideration for granting awards will be overseen by an Awards Committee which will be appointed at the discretion of the Chief of Police and comprised of a representative from each of the following: Captain, Lieutenant, Sergeant, Senior Police Officer, Private First Class, Communications Technician, and one member of the Herndon Police Citizens Support Team. Committee members will rotate each year. The Awards Committee will meet as needed to review award nominations.
Award nominations meeting criteria established for the award category may be submitted anytime throughout the calendar year for inclusion in the Department’s annual awards ceremony. The Herndon Police Department also participates in the Fairfax County Chamber of Commerce Valor Award Program. Valor awards that are submitted through the Department’s process will be evaluated for submission to the Chamber of Commerce’s Program. The Chamber of Commerce meets once a year to review valor award submissions from participating agencies.
All awards, as well as recommendations made by the Awards Committee, will be forwarded to the Chief of Police for final approval. However, the Chief of Police may grant an award without a recommendation from the committee. All awards will be documented for inclusion in the employee’s personnel file.
II. AWARDS
The categories of awards are as follows:
A. Valor Awards Lifesaving Award – recognizes acts taken in a life-threatening situation where an individual is in jeopardy, either medically or due to a physical hazard; recipient may or may not have been at personal risk while carrying out the lifesaving action.
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Bronze Medal – recognizes acts involving unusual personal risk beyond that which should be expected while performing the usual responsibilities. Bronze medals may also be awarded to members who demonstrate unusual judgment, zeal, or ingenuity during an emergency situation when such act is beyond what is normally expected in the line of duty.
Silver Medal – recognizes acts of great personal risk and sacrifice which are clearly above and beyond the call of duty.
Gold Medal – the highest award acknowledging extreme personal risk and sacrifice above and clearly beyond that which is required and is the Department’s most distinguished valor award reserved for recognizing supreme acts of valor.
B. Department Awards Meritorious Action Award – recognizes an individual or team of individuals who have demonstrated exemplary action in response to a specific situation of an emergency nature, or as part of a routine event where the member’s exceptional performance merits special acknowledgement; recipient may or may not have been in a perilous situation but is deserving of recognition. The award can also recognize an individual or team of individuals from outside agencies/entities that have demonstrated an exemplary multi- agency cooperative effort with the Department that merits special recognition.
Distinguished Service Award – recognizes continuous and long-term exemplary performance by an employee within the scope of normal responsibilities; it is not intended to merely be associated with longevity. The eligible recipient must have served with the Department for a minimum of 10 years and will be a one-time award for an employee. Factors to be considered include reliability, conduct, demeanor, productivity, consistency, judgment, appearance, attitude, and dedication.
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Officer of the Year Award – recognizes an outstanding sworn employee, regardless of rank or position, who has consistently demonstrated superior or exemplary performance, initiative, leadership, professionalism, motivation, and dedication to the Department’s mission over the past year.
Supervisor of the Year Award – recognizes an outstanding sworn and/or non-sworn supervisor who has consistently demonstrated superior or exemplary performance, initiative, leadership, professionalism, motivation, and dedication to the Department’s mission over the past year.
Civilian of the Year Award – recognizes an outstanding civilian employee who has consistently demonstrated superior or exemplary performance, initiative, leadership, professionalism, motivation, and dedication to the Department’s mission over the past year.
Volunteer of the Year Award – recognizes an outstanding volunteer who has consistently demonstrated superior or exemplary performance, initiative, leadership, professionalism, motivation, and dedication to the Department’s mission over the past year.
Commendation – recognizes an employee for an act that significantly contributes to the mission of the Department. The Awards Committee may recommend a commendation in lieu of a Valor, Meritorious Action or Distinguished Service Award, if the committee determines that a commendation is the appropriate recognition.
C. Other Awards Firearms Proficiency Awards – recognizes proficiency designations with the issued firearm. Sworn personnel are notified of their firearms qualification scores during range training. The quartermaster will present an award pin when an officer qualifies for “Expert”, “Sharpshooter” or “Marksman” designations. The firearms designation pins may be worn as long as qualification scores continue to meet the designation. The designations are determined Herndon Police Department
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based on a maximum firing score of 250 and meet the following criteria: o “Expert” – firing proficiency must meet or exceed 232 o “Sharpshooter” – firing proficiency must meet or exceed 215 o “Marksman” – firing proficiency must meet or exceed 188
Service Stripes – patches awarded to sworn personnel to represent four years of completed service with the Department, issued by the quartermaster following completion of each four year segment.
III. NOMINATION PROCEDURES
Employees, citizens, or outside sources may submit an outstanding act which they believe deserves recognition for consideration of an award. Any employee may nominate another employee for an award. Upon notification or personal knowledge of a deserving act, the employee’s supervisor should submit a memorandum thoroughly detailing the action and justification for an award to the Chief of Police. Award nominations will be presented to the Awards Committee, which shall convene as directed by the Chief to review submissions. The Awards Committee will review all submissions, with the exception of the Supervisor of the Year Award, determine if an award is justified, and recommend the type of award to be presented at the annual Awards Ceremony. Nominations for Supervisor of the Year will only be reviewed and determined by the Captains and the Chief of Police. Following the committee’s consideration, award recommendations will be forwarded to the Chief for final approval.
Approved nominations which meet valor standards will additionally be submitted to the Fairfax County Chamber of Commerce Valor Awards Selection Committee for further award consideration according to the Chamber’s established schedule. The Chamber’s Valor Committee selection timeframe may not align with the Department’s award schedule, but will nevertheless be submitted each year for consideration.
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IV. AWARDS CEREMONY
Awards will be presented at the Department’s annual Awards Ceremony, to be announced each year. Firearms Proficiency Awards and Service Stripes will not be presented at the Awards Ceremony, but will be awarded as earned.
Awards selected by the Fairfax County Chamber of Commerce Valor Awards Program will be presented separately at the Chamber’s awards ceremony, to be announced each year. Herndon Police Department
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Personnel/Training Section 406 Effective Date: January 17, 2020 Page 1 CAREER DEVELOPMENT PROGRAM
I. POLICY The department offers a Career Development Program for Officers and a program for Communications to support and encourage personal development, education, skill and ability.
II. OVERVIEW A. The Career Development Programs assist participants in planning progressive career options to promote individual achievement through education, performance, training activities and specialty development. The department recognizes the importance of each feature of the program as critical to professional growth and support of the overall mission. The programs have established criteria and specific requirements that must be achieved within the annual evaluation rating period to ensure that participants pursue departmental goals and objectives, achieve personal career growth, and enhance value to service delivery. The program provides annual career counseling and planning for participants to monitor their personal accomplishments.
B. The programs’ requirements may be amended or revised at any time and for any duration at the discretion of the Chief of Police, Town Manager or Director of Human Resources.
III. CAREER DEVELOPMENT PROGRAM FOR OFFICERS
A. The Career Development Program for sworn personnel is for both non- supervisory and supervisory positions and requires participants to meet eligibility and performance requirements to maintain or strengthen their skills and enhance promotional potential, and meet educational requirements established for the rank.
B. Officers are automatically placed in the program and re-enrolled annually in conjunction with their annual performance evaluation.
1. Police recruits will be placed in the program on their sworn-in date. Certified officers joining the department will be placed in the program on their hire date at the classification level authorized. Herndon Police Department
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2. The officer and supervisor will work together to determine the course of training and specialty activities that the officer will agree to complete in the coming year, which will be documented in the goals portion of the employee’s performance evaluation.
3. During the interim evaluation, the officer and supervisor shall review progress toward attaining the program’s requirements.
4. During the final evaluation, the officer and supervisor shall review the officer’s program requirements to determine compliance.
5. Supervisors shall be responsible for providing individual career counseling and assist officers under their command with achieving program requirements.
C. Participation and Compliance in the Program Participation requires compliance on an annual basis with components established for each rank, as provided in the matrix, which will be documented in the annual performance evaluation. Each component of the program is as follows:
1. Rank/Eligibility Eligibility requirements are attached to each rank based on service prerequisites and/or promotions.
2. Performance Performance requires participants in the program to score, at a minimum, “meets expectations” in all performance competencies as documented on annual performance evaluations. Participants must also complete required annual training and actively apply an expertise or proficiency in a specialty or skill area.
3. Education Participants must meet basic law enforcement educational requirements; in addition, supervisory participants must meet specific educational requirements that include formal education and additional law enforcement specific supervisory and leadership training. The objective of the formal Herndon Police Department
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educational requirement for supervisors is to provide the department with both highly trained and educated leaders for tomorrow’s law enforcement responsibilities.
a. Education Requirements • There are no specific formal education requirements for promotion to corporal. • To be eligible for promotion to sergeant, officers must have an Associate’s degree. • To be eligible for promotion to lieutenant and above, officers must have a Bachelor’s degree.
4. Training Activities The program encourages training that will enhance and refresh skills and promote personal growth and development that contributes to the overall mission of the department. Participants must complete at least one of the training activities provided in the program matrix annually as established for each rank.
5. Specialized Assignments and Skills) Specialty development includes attainment of professional certifications to perform a specialized skill, serve as an instructor, or serve in a specialized or supplemental assignment.
a. Participants, except for senior police officers, must perform in at least one specialty provided in the program matrix annually as established for each rank.
b. Senior police officers must perform in at least two specialties provided in the program matrix annually.
c. The ranks of private first class, senior police officer, and corporal are eligible to fill rotational specialized assignments in the department under the program. If an officer serving in a specialized assignment is selected to be promoted to corporal, the officer can choose to remain in the specialized assignment until the term of the assignment expires, if staffing permits, or at the discretion of the Chief of Police. If a corporal serving in Herndon Police Department
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a specialized assignment is selected for promotion to sergeant, they will not be eligible for promotion to sergeant unless they serve, or have served, at least six months as a patrol corporal.
D. Program Non-Compliance 1. Non-compliance occurs when participants fail to meet requirements in performance, education, training and specialty activities as established for each rank. Participants found to be in non-compliance in any of these components will be ineligible for promotions, specialized assignments, or advancement to the next rank for a 12-month period in conjunction with the annual performance evaluation where non-compliance was documented. Additionally, the following will apply (as applicable): Eligibility may be affected by promotions or demotions within the annual evaluation period, whereby an amended agreement may be necessary.
2. Participants who fail to achieve the minimum rating (meets expectations) in all performance competencies on annual performance evaluations will be subject to a Performance Improvement Plan (PIP) as outlined in the Town of Herndon’s Pay-for-Performance Handbook.
IV. CAREER DEVELOPMENT PROGRAM FOR COMMUNICATIONS
A. The Career Development Program for Communications Technicians is designed for both non-supervisory and supervisory positions. The program requires participants to meet eligibility and performance requirements to maintain or strengthen their skills and enhance growth opportunities to meet the goals of the department.
B. Communications personnel are automatically placed in the program effective with their date of hire and are re-enrolled annually in conjunction with their annual performance evaluation.
1. The technician and supervisor will work together to determine the course of training and specialty activities that the technician will agree to complete in the coming year, which will be documented in the performance evaluation.
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2. During the interim evaluation, the technician and supervisor shall review progress toward attaining the program’s requirements.
3. During the final evaluation, the technician and supervisor shall evaluate the technician’s program requirements to determine compliance.
4. Supervisors shall be responsible for providing individual career counseling and assist technicians under their command with achieving program requirements.
C. Participation and Compliance in the Program Participation requires compliance on an annual basis with components established for each position, as provided in the matrix, which will be documented in the annual performance evaluation. Each component of the program is as follows:
1. Eligibility Eligibility requirements are attached to each position based on service prerequisites and/or promotions.
2. Performance Performance requires participants in the program to score, at a minimum, “meets expectations” in all performance competencies as documented on annual performance evaluations. Participants must also complete required annual training and actively apply an expertise or proficiency in a specialty.
3. Education Participants must meet basic communications training requirements. Supervisory participants must meet additional law enforcement specific supervisory and leadership training requirements.
4. Training Activities The program encourages training that will enhance and refresh skills and promote personal growth and development that contributes to the overall mission of the department. Participants must complete training activities provided in the program matrix annually as established for each position.
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5. Specialized Assignments Participants must perform a specialized skill or assignment provided in the program matrix annually as established for each position.
D. Program Non-Compliance Non-compliance occurs when participants fail to meet requirements in performance, training and specialty assignments as established for each position. Participants found to be in non-compliance in any of these components will be ineligible for promotions or advancement to the next level for a 12-month period in conjunction with the annual performance evaluation where non-compliance was documented. Additionally, the following will apply (as applicable):
1. Eligibility may be affected by promotions or demotions within the annual evaluation period, whereby an amended agreement may be necessary.
2. Participants who fail to achieve the minimum rating (meets expectations) in all performance competencies on annual performance evaluations will be subject to a Performance Improvement Plan (PIP) as outlined in the Town of Herndon’s Pay-for-Performance Handbook.
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Personnel/Training Section 407 Effective Date: February 18, 2021 Page 1 RECRUITMENT AND SELECTION
I. POLICY
The Herndon Police Department will endeavor to recruit and select the best qualified applicants for employment. This policy establishes a framework for the recruitment and selection processes for sworn and non-sworn positions. Selection standards will be job-related, uniformly applied, and promote equal opportunity.
II. OVERVIEW A. The Personnel and Training Section is responsible for recruitment activities and facilitating the selection process, which may include: 1. Administering recruitment activities for the police department, 2. Implementing and consistently applying the recruitment plan objectives, 3. Reviewing and recommending revisions to the recruitment plan, 4. Reviewing the department’s active and projected vacancies and coordinating applicant processing with Human Resources, 5. Prioritizing the hiring process by position criticality, when applicable, 6. Coordinating/conducting tests/exams, background investigations, review panels, etc., 7. Processing applicants through the final selection process.
B. The department will manage the recruitment and selection processes in conjunction with the town’s position classification plan and authorized positions adopted in the fiscal budget.
C. The recruitment and selection processes will be subject to current local, state, and federal laws and employment regulations.
D. The department will maintain and make available current job descriptions of all authorized positions in the department and will conduct a documented review of each position’s description every four years. <21.2.2> III. RECRUITMENT
A. The department will work with Human Resources in its recruitment efforts to advertise job announcements on internet and social media platforms for a broad outreach, as well as specific focused efforts through special or planned events and recruitment fairs.
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B. The department will maintain an active recruitment plan for sworn personnel with stated objectives and a plan of action to attract qualified applicants for actual or forecasted vacancies. The recruitment plan will be reviewed and/or revised annually to update the department’s recruitment objectives and action steps to accomplish recruitment goals. <31.2.1a,b> C. The Chief of Police and the Director of Human Resources are responsible for the administration of the recruitment plan. <31.2.1c>
D. The department will systematically review its recruitment efforts and applicant and selection data to determine if objectives are being met.
IV. APPLICATION AND SELECTION PROCESS
A. Interested applicants must apply for posted positions as uniformly required by the Town of Herndon application process. The posted positions will include duties and other requirements, pay and grade classifications, and the hiring process.
B. Tests are administered and scored by Human Resources from time-to-time for police officer and communications technicians’ applicants. Applicants with passing scores will continue to move forward in the selection process.
C. All elements of the selection process will utilize rating criteria or qualifications that are job related as it pertains to skills, knowledge, and ability. <31.4.7>
D. Selections will be made according to merit and qualification, which may be ascertained by examinations. Examinations will relate to those matters that will test fairly the capacity and fitness of the candidates’ capability to perform the duties of the position for which they have applied.
E. The selection process for all full and part-time employees will include the following components, as applicable for the sworn or civilian position, unless waived: <31.4.1>
1. Background Investigation <31.5.1a-f> Background investigations conducted prior to selection will include the verification of the applicant’s qualifying credentials to include:
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a. Review of criminal record and credit history, b. Employment, education, and eligibility to work, c. Verification of personal and professional references, d. Minimum qualification requirements for police officers pursuant to Code of Virginia 15.2-1705, e. Relevant decertification resources, if available.
2. Physical Agility Sworn applicants must perform a physical agility test based on physical and task requirements.
3. Medical Examination Medical examinations will be conducted, prior to selection to probationary status, to certify the health of each applicant for a sworn position.
4. Polygraph Examination Polygraph examinations will be administered and analyzed by a licensed examiner who shall agree to maintain the confidentiality of the results of the examination.
5. Psychological Evaluation Psychological evaluations will be conducted and assessed by a qualified professional. The psychological determination of the applicant will be considered final. Any applicant who is deemed psychologically unfit will be removed from the selection process. <31.5.7>
6. Interviews Applicants may go through one or more interview processes depending on the job classification (initial, panel, final selection).
F. Applications will not be rejected for unintentional omissions or deficiencies that could be corrected during the initial phases of the process but must be completed before the polygraph examination.
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G. If an applicant is rejected or disqualified at any phase of the process, the applicant will be notified in writing of their non-selection. Rejected or disqualified applicants may reapply in one year.
H. All applicants, regardless of previous work experience and/or qualifications must successfully complete all the applicable requirements of the selection process. All elements of the selection process will be administered, scored, evaluated, and interpreted in a uniform manner based on the position.
I. Applicants determined not eligible for selection will be given written notification.
J. Applicants selected for employment will be notified and a final interview and a start date will be scheduled. All new employees will be subject to a one-year probationary period. Sworn personnel are subject to a one-year probationary period based on the date of their oath of office.
K. Selection material will be maintained confidentially in a secure area within the Personnel and Training Section in a manner than prevents disclosure and conforms to all retention requirements.
L. Application and selection records will be maintained and stored securely by the Personnel and Training Section in accordance with the Virginia Records Retention Schedule.
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Personnel/Training Section 408 Effective Date: January 17, 2020 Page 1 PROMOTION
I. POLICY
A. The department’s role in the promotion process involves coordination with Human Resources to announce promotional vacancies, administer testing, contract assessment centers, and recommend final approval of a candidate for promotional selection. The Chief of Police is vested with the authority and responsibility for administering the department’s role in the process and will maintain primary responsibility for input on written tests, assessment centers, interviews, and selection of the candidate for promotion. <34.1.1>
B. All materials in the promotion process shall be considered confidential and secured appropriately. The Chief of Police, division commanders and the Human Resources Director shall have authorized access. C. The Director of Human Resources will ensure that elements used in the promotion process are job-related and nondiscriminatory. All elements of the promotion process are intended to measure traits that are supported by a job analysis and are significant or necessary to perform the job.
D. The promotional process will be announced and will include requirements, dates, and other pertinent information.
II. TERMINOLOGY
o Time-in-grade – specified amount of time worked in a classification. III. PROMOTION PROCESS <34.1.1>
The evaluation of personnel for promotion begins with a uniform process to identify candidates who have the potential for assuming greater responsibility and who possess the skills, knowledge, and abilities required for a supervisory role. The promotion process will involve specific requirements, as detailed in the process announcement. A. The promotion process may include one or more of the following components:
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1. Written Exam A written examination may be utilized as a component of the promotion process. Participants’ scores from the written exam will be individually calculated and factored into a final score according to the weight value associated with the component.
2. Assessment Center An assessment center may be utilized as a component of the promotion process and announced as needed to establish a pool of sworn candidates eligible for promotion. The assessment center will be based on a written job task analysis, which will assist in establishing the dimensions, attributes, characteristics, qualities, skills, abilities or knowledge necessary for the position. The assessment center may be utilized to evaluate analytical ability, leadership, decisiveness and decision making, planning and organizing, and interpersonal and community relations. Techniques, including a simulation exercise, may be included and designed to provide information for assessors to evaluate the dimensions, attributes and qualities previously determined. Simulation exercises will be pre-tested prior to use to ensure that the techniques are job related and provide reliable, objective, and relevant information.
a. An assessment center will include a group of trained, independent assessors that will be utilized and provided with evaluation forms to record and document their observations. Assessment center exercises shall be recorded to ensure accuracy of captured responses.
b. An assessment center will base judgments resulting in an outcome on pooled information from assessors.
c. Upon request, participants will be provided with written rationale and information concerning the dimensions, ratings, and recommendations of the assessment center.
d. Participants’ scores from the assessment center will be individually calculated and factored into a final score according to the assigned weight value associated with the component.
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e. Review and Appeal of Results Participants will be permitted to review results and appeal adverse decisions concerning their performance in each element of the assessment center. Reviews and appeals, if requested, must be made in writing following the completion of each element. Once the process advances to the next stage, reviews or appeals will only be granted on the current stage of the process.
3. Interviews Candidates for promotion may undergo a structured oral interview as a component of the promotion process. Oral interviews may be conducted by the Chief of Police or a committee established by the Chief of Police in order to finalize the promotional selection. Interview questions will be consistent and job related for all candidates. A committee comprised of command staff members may additionally be utilized to discuss the promotional candidate’s strengths, weaknesses, education, training and suitability for promotion.
B. Sworn Promotion Process 1. Sworn personnel may elect to participate in a promotion process for the classification sought but must meet specific eligibility requirements at the time of the promotional selection.
2. The promotion process for corporal and sergeant will utilize separate components to include a written exam and an assessment center. Each component will be scored separately and weighted according to the value associated for the component in order to achieve a final score. Each participant achieving a final score in the process will form the certified list for corporal or sergeant.
3. The promotion process for lieutenant will involve an assessment center. Each participant achieving a final score in the process will form the certified list for lieutenant.
4. Promotion to the rank of captain will be determined by the Chief of Police and will involve an evaluation of a candidate’s work performance and their skills and abilities related to the job components needed for the position. Interviews and written exercises may be utilized to assist in this evaluation.
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C. Non-Sworn Promotion Process The promotion process for non-sworn personnel will consist of uniform components as determined by the Chief of Police.
IV. PROMOTION ELIGIBILITY LIST FOR SWORN PERSONNEL
A. All candidates completing the specified components of the promotion process for corporal, sergeant, and lieutenant, and achieving a final score will result in a list of candidates certified for promotion. The list for each rank will be formed and arranged by the highest final weighted scores of each candidate from the process. The list will continue until expired, discontinued, or retired by the Chief of Police or until a new promotion process is completed to replace it.
B. The Chief of Police will make a promotional selection from the top five sworn candidates on the list, when there are ten or more candidates, or the top three candidates on the list, when there are less than ten candidates. The Human Resources Director will maintain and update the certified list and provide the current list to the Chief of Police upon request. The certified list will be updated in conjunction with promotional selections, opt-outs, and the expiration or discontinuation of the list.
C. Prior to a promotional selection, the certified candidate’s disciplinary record, performance evaluation outcomes, time-in-grade and education will be reviewed for consideration and current eligibility during the selection process. The Chief of Police will make the final selection.
D. Certified candidates may voluntarily opt out of a current promotional selection, yielding their selection to another candidate from the list. The voluntary opting out will be given consideration for each vacancy and must be documented by the candidate in a memorandum to the Chief of Police. The opting out opportunity will not disqualify the candidate from a future promotional selection if made from the same certified list.
V. PROMOTIONAL SELECTION PROCESS
A. Sworn personnel must meet certain time-in-grade, education, and other eligibility requirements at the time of the promotional selection. Time-in-grade requirements may be waived by the Chief of Police based on the needs of the
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department. Additionally, all candidates on the certified list who have more than one written reprimand, (vehicle accidents excluded), a suspension or a demotion in the preceding 12-month period as determined by the date on the final disposition, will not be eligible for a promotional selection.
1. Corporal To be eligible for a promotional selection to the rank of corporal, the officer must have three years’ time-in-grade as a Herndon Police officer, as determined by the individual’s sworn-in date. However, if a candidate is hired with three or more years of law enforcement experience from an agency with primary law enforcement responsibility and has completed their probationary period with the department, the officer will be eligible for a promotional selection.
2. Sergeant To be eligible for a promotional selection to the rank of sergeant, the officer must have two years’ time-in-grade as a corporal with the Herndon Police Department, of which six months must have been served in Patrol, as determined by the individual’s effective date of promotion to corporal. Sergeant candidates must have an Associate’s degree for promotion.
3. Lieutenant To be eligible for a promotional selection to the rank of lieutenant, the officer must have three years’ time-in-grade as a sergeant with the Herndon Police Department, as determined by the effective date of promotion to sergeant. Lieutenant candidates must have a Bachelor’s degree for promotion.
4. Captain Eligibility requirements for a promotional selection to the rank of captain will be determined by the Chief of Police. Candidates must have a Bachelor’s degree.
5. Lateral Entry At the discretion of the Chief of Police, lateral entry for sworn supervisory vacancies may be considered depending on the status of the certified list or the express needs of the department. In such instances, all requirements for the selection process for police officer as well as any specialized requirements for the position must be satisfied.
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B. The Chief of Police will make the final selection for non-sworn promotions following a review of the candidate’s qualifications, education, experience, and disciplinary actions (for the preceding 12 months) prior to selection.
C. Probation After Promotion All promotions of sworn and non-sworn personnel will be tentative and subject to a one-year probationary period pursuant to the Town’s Administrative Regulation, 1-24, section VI. Personnel on probation will be closely observed by the employee's immediate supervisor to determine, as soon as possible, if performance is unsatisfactory and improvement is needed. Any extensions of the probationary status are at the discretion of the Chief of Police.
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Personnel/Training Section 409 Effective Date: October 23, 2014 Page 1 HERNDON POLICE CITIZENS SUPPORT TEAM
I. POLICY
The Department supports and sanctions the operations and activities of the Herndon Police Citizens Support Team (HPCST) which is a valuable resource to the Town and complements the operations of the Department. HPCST members shall report any crime or suspicious activity which is observed within the Town and provide support to the Department during times of need. The HPCST is organized and administered by its elected officials in accordance with its charter and bylaws.
II. TERMINOLOGY
HPCST Member – a member of the Herndon Police Citizens Support Team who has met and continues to meet the requirements of membership according to the by-laws of the organization.
III. LEGAL LIMITATIONS
HPCST personnel are trained in crime detection and prevention, but they are not sworn personnel and are not empowered to initiate legal action except as authorized by Herndon Town Code §42-202. HPCST personnel shall not be subjected by Department personnel to situations which may result in an over extension of HPCST authority.
A. HPCST personnel shall NOT:
1. Leave their vehicles or become involved with suspicious persons. 2. Take part in any physical activity other than traffic direction or perimeter control during emergencies or special events. 3. Pursue any vehicle or attempt to enforce any law or ordinance except the enforcement of handicapped parking. 4. Carry on their person or in their vehicle, displayed or concealed, any form of weapon or restraining device while performing duties of the HPCST. 5. Report for duty influenced by alcohol or drugs, nor shall they consume alcohol within four hours of reporting for duty and shall not purchase or consume alcohol during their tour of duty. Herndon Police Department
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B. Violations of these rules shall be reported to the police department Liaison Officer. The necessary disciplinary measures shall be taken in accordance with the bylaws of the corporation. This may include the removal from membership without recourse upon the request of the Chief of Police or the Field Operations Division Commander.
IV. AUTHORIZED DUTIES
A. HPCST personnel who have received Department training may be authorized by the Chief of Police to enforce handicapped parking violations pursuant to Herndon Town Code Section 42-203.
B. The Department allows qualified members as approved by the Chief of Police, to assist in traffic direction of vehicles and pedestrians in Town. HPCST members shall operate in accordance with the Department’s Traffic Control policies.
C. HPCST members may assist the Department with special or community events, car seat installation, traffic surveys and other activities as appropriate.
D. HPCST personnel may participate in a ride-along; however, only one member may ride per shift up to a maximum of 4 hours except during training, provided that the member:
1. Is in good standing; 2. Has satisfied all requirements as an HPCST member prior to requesting the ride-along; 3. Has signed a blanket waiver ride-along form, which has been approved by the Chief of Police or designee; 4. Obeys all orders and stipulations from the ride-along officer. Failure to obey lawful orders shall result in immediate termination of the ride- along and discipline in accordance with the bylaws of the corporation. The Department reserves the right to suspend or cancel a ride-along at its discretion.
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V. EQUIPMENT
A. HPCST members have access to the following equipment/resources:
1. Vehicle – HPCST is provided with a vehicle approved and maintained by the Department. This vehicle may only be used while personnel are on a pre-assigned duty involving the enforcement of handicapped parking or assisting with critical or special events and routine patrols as authorized by the Liaison Officer. HPCST members are prohibited from using the Department assigned vehicle for emergency response or roadblocks. 2. Bicycle – HPCST personnel, after completion of formal bicycle training, are permitted to use Department bicycles while performing official duties. 3. Radios – HPCST personnel, after completion of prescribed training, are permitted to use Herndon Police Department radios while performing official duties.
VI. LIAISON
A. The Field Operations Division commander shall designate and maintain a liaison officer to coordinate activities with the HPCST. Since the HPCST is incorporated, the liaison officer will assume a subordinate role and shall:
1. Ensure new members have completed background investigations, conducted by the Personnel and Training Sergeant, which are reviewed and approved by the Chief of Police prior to assuming duties or participating in any training as a member. 2. Attend meetings offering guidance on technical matters; 3. Be available to HPCST personnel for matters of police interest; 4. Schedule or conduct applicable training on a quarterly basis; 5. Be responsible for recording and documenting official police training given to individual or group members; 6. Bring to the attention of the Field Operations Division commander any unresolved situations involving HPCST personnel and Department personnel; Herndon Police Department
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7. Bring to the attention of the HPCST President any disciplinary matters concerning HPCST personnel.
VII. TRAINING
A. HPCST personnel shall complete a training and probationary period as outlined in the directives of the HPCST. Personnel must complete the recruit and probationary periods successfully before becoming certified as a member of HPCST. Each member must be instructed in all HPCST duties and responsibilities before being permitted to perform those duties.
B. Training will be performed by the HPCST training officer, the Herndon Police Department Liaison Officer, or other instructors as appropriate. All training shall be recorded and documented by the HPCST training officer. Training will include classroom and field instruction. Subjects of instruction shall include radio communication and procedures, traffic direction, CPR and emergency procedures. Specialized training includes enforcing violations of Herndon Town Code §42-203 (parking in handicap spaces), operating a patrol bicycle, and conducting traffic surveys.
VIII. UNIFORMS
Field and dress uniforms are authorized for HPCST personnel. The uniforms must be clearly distinct from those worn by sworn personnel of the Herndon Police Department. The procurement of uniforms will be the responsibility of the individual member. HPCST members may participate in activities in appropriate civilian dress; however, the HPCST uniform must be worn when representing the Department at a formal function, during traffic direction duties, writing parking tickets, and while on official bicycle patrol. Traffic vests shall be worn during all traffic direction functions.
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I. POLICY
Health, salary, and benefit programs that support the department’s mission and provide services to employees are highlighted in this policy. Comprehensive information on all programs offered by the Town of Herndon is not included, but further information is available from the Human Resources Department.
II. TERMINOLOGY
o Light or Restricted Duty - A duty status assigned to an employee on a temporary or specified basis due to an injury, illness, or other qualifying medical condition which limits the range of normal duties but permits an employee to continue working at their current pay grade or rank.
III. SALARY AND BENEFITS
A. Uniform Pay Plan The Town of Herndon has a uniform pay plan (Code of Virginia, 15.2-1506), which consists of a schedule of pay grades established by a minimum and maximum rate for each grade as well as a list of all class titles showing the allocation of each class to the appropriate pay grade.
B. Overtime Overtime pay is governed by the Town of Herndon Code, (Section 54-25), in conjunction with provisions of the Fair Labor Standards Act. Except for emergency situations, consideration for the payment of overtime includes the following:
1. Overtime cannot be earned by foregoing a meal break.
2. Overtime must be authorized in advance and approved by a supervisor.
3. Overtime must be associated with an appropriate project number classifying the purpose of the overtime. However, the use of a project code does not imply that the hours worked associated with the project code are overtime if a sworn officer is under their 80-hour pay period threshold. A sworn officer must have reached the 80-hour pay period threshold before overtime is earned, regardless of project code.
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4. Overtime compensation is only authorized for placing or receiving work related telephone calls and emails while off-duty when 80 hours in the pay period have been exceeded and supervisory approval granted. Telephone calls and emails requiring less than 8 minutes of time are not compensable. Required calls and emails under the 80-hour threshold will be treated as regular hours.
5. Overtime due to Call-Back – (Administrative Regulation 1-31) On occasions when an employee is off-duty and called to return to work for official purposes, a minimum of two hours of overtime or actual hours worked in a single incident shall be paid to the employee. A call-back must be at the direction of a supervisor and the employee must report to the police facility for assignment.
C. Regular Hours for Administrative Time for Patrol Personnel 1. Regular hours for the Patrol Section are comprised of 77 hours on shift, and 3 hours administrative time allocated for regularly scheduled court (Herndon General District and Fairfax County JDR Traffic Court), to include scheduled court appearances, court preparation, case follow-up, and travel time. If all regular hours allotted to administrative time have been properly utilized and the 80-hour threshold reached, officers will be eligible for overtime or compensatory time for court appearances as follows: • Officers will be entitled to a maximum of one hour of overtime or compensatory time for travel and case preparation associated with court attendance outside Town limits. • Hours associated with court appearances (separate from travel and case preparation maximum of one hour) shall be documented on the court log, which can be verified, for eligible overtime or compensatory time expenses. • Officers attending court under subpoena when off-duty will be eligible for a minimum of two hours overtime or compensatory time.
2. If all regular hours allotted to administrative time have not been utilized for court and the 80-hour threshold has not been reached within the pay cycle, officers may use the administrative time for an approved activity such as training, extended shift coverage, administrative duties, or wellness activities. However, if staffing demands that administrative time be used to
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cover shortages or major incidents, supervisors may assign officers to assist patrol to ensure safe coverage.
3. It is the officer’s responsibility to ensure that all regular hours have been fulfilled and hours allotted for administrative time are utilized according to policy within each pay cycle, to ensure the 80-hour threshold is attained. If a patrol officer has already reached their 80 hours for the pay period, the three hours normally allotted to administrative time is no longer applicable and should not be authorized as overtime.
4. Officers shall make every effort to determine if a scheduled court appearance is required. It is appropriate and reasonable to contact the court to determine if defendants have posted collateral or requested continuances.
D. Compensatory (Comp) Time Compensatory time is governed by the Town of Herndon Code, (Section 54-59). Subject to the supervisor's approval, nonexempt civilian personnel who work more than 40 hours in a work week, and nonexempt sworn personnel who work more than 80 hours in a work period may elect to take compensatory time in lieu of overtime. • Compensatory time for nonexempt employees will be earned on a time and one-half basis; exempt employees earn compensatory time on an hour for hour basis. • Requests for compensatory time shall be noted on the employee’s timesheet, which must include the appropriate project number. • Personnel can carry an accrued compensatory balance up to a maximum of 120 hours.
E. Augmented Salary Provisions Pay that is added to the base salary constitutes augmented salary and includes the following for department employees:
1. Shift Differential – an additional hourly wage supplement for work scheduled between 7:00 pm and 7:00 am (Herndon Code Section 54-30).
2. Clothing Stipend – an additional sum of money paid to detectives and select supervisory positions for the purchase of civilian clothing.
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3. On-Call – an additional hourly wage paid for personnel placed in an on-call status (Administrative Regulation 1-31).
F. Leave Leave is granted in accordance with the Town of Herndon Code, Chapter 54, Article III, and Administrative Regulation 25 as follows:
1. Annual Leave Employees are eligible to use annual leave, as requested as soon as it is accrued. Annual leave for full-time employees is accrued as follows: • Less than 5 years’ service = 4 hours’ leave accrued per pay period. • Over 5 years but less than 10 years’ service = 6 hours’ leave accrued per pay period. • Over 10 years’ service = 8 hours’ leave accrued per pay period.
2. Sick Leave Full-time employees accrue 4 hours’ sick leave per pay period. Sick leave does not accrue during leave without pay, injury leave, disability leave, or catastrophic leave. Employees are eligible to use sick leave as soon as it is accrued for personal illness or injury, temporary disabilities, serious illness of the immediate family, or doctor, dental or other health care appointments. Abuse of sick leave is subject to disciplinary action.
3. Family and Medical Leave Act (FMLA) Employees may request leave up to 12 work weeks during a 12-month period for one or more qualifying reasons, in accordance with FMLA.
4. Administrative Leave Administrative leave is paid leave for specific non-emergency (blood donations, officer involved shootings, or specified leave at the discretion of the Town Manager) and emergency purposes (inclement weather or specified leave at the discretion of the Town Manager). Admin leave is not charged to an employee’s annual or comp time balance.
5. Bereavement Leave Bereavement leave of up to 40 hours can be taken for a death in the employee’s immediate family (spouse, natural or adopted children, parents); and up to 24 hours for a death of the employee’s sibling, grandparent,
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parents-in-law, or dependents (based on income tax purposes) residing in the household.
6. Holiday Leave The Town observes 12 paid holidays each year, as established.
7. Civil Leave Civil leave is granted for jury duty, when subpoenaed to appear in court, before a commission for town business, emergency duty in connection with national defense, and voting (one hour) or serving on an electoral board or as an election officer.
8. Military Leave Military leave is accommodated for short term or longer tours of duty. For more information on status and pay, refer to Administrative Regulation 1-25, Section XV – Military Leave.
a. Employees who are members of a military reserve force will be allowed to attend training not to exceed 15 calendar days per fiscal year (with no more than 120 hours at their regular hourly rate).
b. Employees who leave the Town’s employment to join the military or who are drafted may be placed on military leave without pay through a date 90 days after relief from such service. Employees will be restored to their former position or another position of the same class providing application within this timeframe is made and certain discharge and health provisions are met.
c. The department has established procedures to facilitate long term military obligations. These procedures support the employee’s re- integration and assists the department with staffing plans. When an employee has reason to take a temporary separation from employment due to a military call-up exceeding 90 days, the employee will notify their immediate supervisor who will ensure prompt notification is provided through the chain of command and to Human Resources.
1. The Chief of Police will designate a point of contact for the employee who will coordinate out-processing prior to deployment and in-
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processing prior to re-integration by utilizing the checklist. Following completion, the form will be returned to the Chief’s office to be placed in the employee’s personnel file. <22.1.9a>
2. If approved, the officer’s issued weapon, portable radio and Electronic Controlled Weapon shall remain secured in the employee’s assigned locker at the department while on deployment. <22.1.9d>
3. An exit interview as well as a re-entry interview will be conducted with the employee by the Division Commander or the Chief of Police. <22.1.9c,e>
4. During the employee’s absence, it will be the responsibility of the designated point of contact to maintain a process for communication with the employee/employee’s family. <22.1.9g>
5. When the employee learns of their expected return date, they must contact their designated point of contact to assist them with written documentation to Human Resources of their expected return to work date, with a copy to the Chief of Police. Arrangements will be made with the Personnel and Training Section to conduct initial or refresher training, weapons requalification, and steps for re-integration as appropriate. <22.1.9f>
G. The Town offers additional benefits to include health insurance, retirement, disability and death benefits, workers compensation, educational benefits, and general liability insurance for professional purposes. The Human Resources Department manages these benefit programs and should be contacted for further information or resources. <22.1.3a-e>
IV. EMPLOYEE ASSISTANCE PROGRAM
A. The Town provides an Employee Assistance Program (EAP) which offers counseling and support for personnel at no cost to the employee. The EAP can assist with any problem whether personal or job-related. Any employee or family member may initiate a request for help by calling EAP; services provided are strictly confidential.
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B. EAP provides a free initial assessment and short-term crisis intervention and offers referrals to additional resources. Neither the employer nor co-workers are entitled to information discussed with EAP. If needed, employees can obtain more information about EAP from Human Resources.
C. A supervisor may encourage an employee to voluntarily consult EAP when a work performance or personal problem occurs. D. If a work performance problem continues and the employee does not voluntarily consult with EAP, the supervisor can initiate a formal referral for the employee. The supervisor must contact EAP and register the referral. The supervisor is not entitled to any information discussed between the employee and EAP, but EAP will confirm with the supervisor if the employee has called to schedule an appointment and verify their attendance. E. The Director of Human Resources will periodically provide training to all supervisors to outline the supervisor’s role and responsibility with regard to EAP and identification of employee behaviors or job performance issues that would benefit from EAP.
V. CASUALTY ASSISTANCE PLAN <22.1.5>
The department has a Casualty Assistance Plan which establishes guidelines and an operational framework for the department’s response to a serious line-of-duty injury or death. Certain benefits are pursuant to Section 9.1-400-408 of the Code of Virginia, Line of Duty Act.
VI. GENERAL HEALTH AND PHYSICAL FITNESS <22.2.2>
All personnel are required to maintain a level of physical fitness to effectively carry out their duties. Supervisors shall monitor their employee's work and attendance, as well as other signs that may indicate health problems. If there appears to be a problem that is impairing or impacting job performance, the respective Division Commander, through the chain of command, shall be notified. At the commander's discretion, the Chief of Police may be notified and may require the employee to submit to a fitness for duty examination.
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A. Physical Examinations of Sworn Personnel Sworn employees shall undergo a periodic physical examination. Pre- employment and periodic exams are provided at no cost to the sworn employee by the Fairfax County Occupational Health Center. The frequency of exams is based on the employee's age. The following table shall apply: 1. Ages 21 to 29 – at least every 3 years. 2. Ages 30 to 39 – at least every 2 years. 3. Ages 40 and over – at least every year.
B. The physical examination for sworn personnel is conducted only to determine the employee's continued fitness to perform the tasks of a police officer and to inform them of their general physical condition. Information is confidential and only failed physical ratings will be reported to the Personnel and Training Section Supervisor. Officers must receive a Class B or greater rating to remain on active duty. Officers that receive lesser ratings will be evaluated on a case-by-case basis and may be placed on restricted duty pending resolution of the issue.
VII. HPD Wellness Program The HPD Wellness Program has been established to foster and promote physical and mental wellness. The program promotes physical fitness through on-duty access to fitness facilities and other means of physical activity. The program additionally promotes mental wellness through access to a contracted police psychologist.
A. Physical Wellness Participation in physical wellness activity at the department is voluntary. The program allows one hour for exercise on a shift and up to a maximum of two hours per week, as authorized by the supervisor. The one-hour allotments include time for dressing and showering if needed. Participants must have no known medical restrictions or waivers which would exclude them from exercising. Supervisors are responsible for determining the feasibility of releasing on-duty employees for workouts which are secondary to workload priorities and duty assignments. Supervisors may suspend an employee's privilege to participate in the program for justifiable reasons outlined in a memo forwarded to the Chief of Police.
1. Participation The following guidelines must be followed in order to participate in the physical wellness program.
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• Sworn employees shall be current on physical exams and must be cleared for active duty; or employees on light or restricted duty must submit a doctor’s approval to their supervisor noting any restrictions or limitations. • Civilian employees should consult their doctor before beginning any exercise program.
2. Documenting Workouts Physical wellness workouts will be allowed onsite at the Herndon Police Department, or offsite, such as the Herndon Community Center, or walking, running, bicycling activities on the adjacent W & OD trail. All workouts, whether associated with the Wellness Program or not, shall be documented on an appropriate sign-out sheet.
a. Onsite Workouts If workouts are conducted onsite, participants must ensure that supervisors approve and are aware of the activity and the timeframe and shall document the workout on a sign-out sheet maintained in the gym.
b. Offsite Workouts If activities are conducted offsite, participants must ensure that supervisors approve and are aware of the activity and the timeframe and shall document their workout session at the beginning and end of each session on a sign-out sheet maintained in Communications.
3. Scheduling and Duty The scheduling of workouts for on-duty personnel shall be done by the first- line supervisor. Consideration must be given when the scheduling of workouts interferes with staffing levels. Supervisors shall not deny wellness time on duty unless duty assignments prevent such participation during a particular shift. Employees participating in physical wellness while on-duty are subject to recall to duty at any time. Physical workout schedules are preferred at the beginning and end of shifts. This scheduling promotes efficiency and allows the participant to make maximum use of their time. The first-line supervisor can use discretion in scheduling employees during the middle of the shift depending on workload, priorities, peak times for service, and minimum staffing requirements.
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4. Injuries during Workouts All injuries shall be reported immediately to the on-duty supervisor and protocol should be followed according to “on duty” injuries detailed in this policy and in Administrative Regulation 1-22. Supervisors should ensure a thorough inquiry concerning the exact nature of activity at the time of injury. Following any injury that requires a doctor's examination, employees must submit a medical clearance to their immediate supervisor so that a return to duty can be authorized.
B. Mental Wellness The department contracts the services of a licensed police psychologist to assist employees in overall emotional wellness that supports effective job performance. The police psychologist will provide regularly scheduled mental wellness training and education for department personnel and may assist in treatment services, crisis situations, or critical incidents. Supervisors in need of guidance on the roles/responsibilities of the police psychologist or need further assistance should contact a division commander.
1. The police psychologist will perform the following duties and services: a. Provide mental wellness training and education for department personnel. b. Provide direct clinical prevention and mental health treatment services, to include evaluation, diagnosis, psychotherapeutic treatment, referrals, and coordination of services for department personnel, as requested. c. Provide direct clinical support during and following critical incidents to aid an individual’s emotional status and natural recovery process, which may include cognitive processing and support for stress and trauma, as requested or required.
2. The police psychologist will maintain strict confidentiality parameters and follow applicable laws and ethical guidelines to respect the individual’s privacy. Notwithstanding, confidential information can be released, as allowed by law, if circumstances indicate a serious threat of harm to self or others, in response to a court order, or as requested by the employee with a signed release.
3. The police psychologist can liaison with external wellness support services such as the Employee Assistance Program (EAP) or other authorized services.
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4. The police psychologist will not be utilized in any pre-employment psychological examinations or required fitness for duty evaluations or testing.
5. Mandatory Participation a. All department members shall participate in the wellness training and education provided by the police psychologist on an annual basis. Wellness training and education will focus on maintaining emotional wellness and employing strategies to manage stress or trauma. b. Department members involved in deadly force incidents or other serious critical incidents shall participate with the police psychologist, as directed by a commander, who will be requested to make an initial on-scene assessment of the overall emotional well-being of directly involved officer(s).
6. Voluntary Participation Department members may request confidential assistance at any time directly from the police psychologist for specific help or schedule further clinical consultations as needed.
7. Supervisors should give special consideration to the use of the police psychologist in a relief of duty action, which may cause an employee to experience stress and uncertainty that could be addressed with professional help. Employees subject to a relief of duty should be informed by the supervisor of the services available to them.
VIII. INJURIES
Personnel shall follow established procedures to ensure prompt and accurate reporting of an on-duty injury, which may be subject to Workers Compensation, or an off-duty injury, which may require extended personal leave, temporary light duty status or other accommodations.
A. On-Duty Injuries
1. Personnel may be covered by Workers Compensation for an injury that arises due to employment, and/or occurs in the course of employment. (Also refer to Administrative Regulation 1-22) All on-duty injuries are to be reported whether medical treatment is sought. Time lost for such injuries may be
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charged to injury leave only if the injury is deemed compensable and there is medical documentation from a panel physician that determined the employee cannot work. The leave may be charged to an employee’s sick leave balance if the foregoing conditions are not met.
2. An employee who sustains an injury in the performance of duty shall orally report the circumstances to their immediate supervisor, or to the next level supervisor if their immediate supervisor is not available. The report of injury must be made immediately after the occurrence, or as soon as possible, given the circumstances. Specifics of the injury, to include how, when, and what happened, as well as the extent of the injury must be provided in detail. The immediate supervisor who receives a report of injury shall notify the appropriate Division Commander as soon as possible.
3. The supervisor and/or the injured employee shall immediately call the Nurse Triage/Reporting Service for the Town’s Workers Compensation Program. The attending nurse will provide the injured employee with first aid/self-care advice and work with the injured employee and supervisor to determine what treatment, if any, is needed.
4. In the event of a medical emergency that prevents the employee from calling the Nurse Triage/Reporting Service immediately, the supervisor should contact the program as soon as possible and the injured employee shall contact them as soon as they are able.
5. The immediate supervisor will provide the injured employee with a copy of the “Workers Compensation Program – Panel of Physicians”. If medical treatment is needed, the injured employee must select a physician from the “Panel of Physicians” provided and sign the “Employee Selection Statement”. The selected physician must complete the “Workers Compensation Medical First Report”. A copy of both documents (“Employee Selection Statement” and “Workers Compensation Medical First Report”) must be provided to the supervisor and to Human Resources.
6. The employee's immediate supervisor shall investigate the circumstances surrounding the injury and report their findings in the Injury reporting module of RMS and forward a copy through the chain of command to the Chief of Police. The injury report shall contain all pertinent information to determine
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the cause of the injury. Except in the most unusual circumstances, the injury report shall be completed by the end of the supervisor's tour of duty. The supervisor must also complete the “Supervisor’s Report of An On-The-Job Injury” form and submit the completed form to Human Resources.
7. Any additional medical statements or information received by the injured employee will be forwarded to their immediate supervisor as soon as possible, and a copy forwarded to the respective Division Commander and Human Resources.
8. It is the responsibility of the injured employee, or their supervisor if the employee is unable, to keep Human Resources apprised of medical treatment of the injury and provide written documentation from the physician.
9. An employee who returns to full-duty status after recovering from an injury but later believes that follow-up treatment of the earlier injury is required, must first consult with Human Resources. Unless prior approval of follow-up consultation is received, the injured employee may be liable for the medical expenses.
10. When an injury prevents a return to duty, the employee will be placed on injury leave provided there is medical documentation from a panel physician verifying the employee cannot work. When possible, an employee injured while on duty, but not totally disabled, will be placed in a temporary light duty assignment to perform duties that comply with any medical restrictions imposed by their injury.
11. An employee on injury leave is specifically prohibited from engaging in activities that may impair their recovery. These include:
a. Engaging in strenuous recreational or physical activities without the approval of the authorized treating physician. b. Performing work for another employer, including self-employed work, without the prior written approval of the authorized physician and the Town Manager.
12. An employee is required to return to work immediately upon release by their doctor.
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13. The department encourages the use of the “Critical Incident Exposure Report” for officers to voluntarily report exposure to or involvement in incidents that place them at risk for trauma and Posttraumatic Stress Disorder (PTSD), which may be covered by Workers Compensation for a qualifying injury that arises due to employment, and/or occurs in the course of employment. Supervisors should encourage officers to submit the form when they are involved in a critical incident or traumatic event.
B. Extra-Duty Assignment Injuries
1. An employee who sustains an injury during the performance of extra-duty employment, or through the performance of a law enforcement function, such as a legal off-duty arrest, shall orally report the circumstances to their immediate supervisor, or to the next level supervisor if their immediate supervisor is not available. The report of injury must be made immediately after the occurrence, or as soon as possible, given the circumstances. Specifics of the injury, to include how, when, and what happened, as well as the extent of the injury must be provided in detail. The supervisor who receives a report of injury shall notify the appropriate Division Commander as soon as possible.
2. The supervisor shall investigate the circumstances surrounding the incident and follow the same reporting requirements in RMS and provide the employee with the “Workers Compensation Program – Panel of Physicians” required for an on-duty injury. The supervisor must also complete the “Supervisor’s Report of An On-The-Job Injury” form and submit the completed form to Human Resources.
3. Injuries sustained in an extra-duty assignment will follow the same procedures as an on-duty injury.
C. Off-Duty Injuries and Other Medical Issues
1. An employee who sustains an injury while off-duty or has other medical issues that may interfere with their ability to work, shall report the circumstances to their immediate supervisor as soon as possible, or to the on-duty supervisor if the immediate supervisor cannot be reached. The supervisor shall report the circumstances surrounding the injury or medical issue to the Division Commander through the chain of command by the end of the supervisor’s tour
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of duty. The affected employee shall submit a detailed memorandum, through the chain of command, to the Chief of Police. If the injury prevents the submission of the memorandum, it shall be submitted as soon as the employee is capable.
2. If personal leave is needed more than three (3) days to recover from an off- duty injury or other medical issue, the supervisor shall promptly notify the appropriate Division Commander and Human Resources. Human Resources will contact the employee directly to assist them with documentation related to FMLA and other appropriate benefits.
3. If an off-duty injury or other medical issue renders the employee incapable of reporting for duty more than five (5) days, the employee shall submit a “Medical Status Report” to their supervisor, signed by a physician, indicating the employee's expected recovery period and estimated return to duty.
D. Bloodborne Pathogen Exposure
1. An employee who sustains an exposure in the performance of duty shall orally report the incident to their immediate supervisor. The immediate supervisor, who receives such a report, shall notify Fairfax County EOC to leave a message for the exposure officer to contact them. The “Bloodborne/Airborne Pathogen Exposure Report” should be completed by the supervisor.
2. The exposure officer will contact the supervisor, obtain preliminary information, then speak with the employee and advise immediate care, follow-up care, or other pertinent instructions.
3. The immediate supervisor will additionally provide the exposed employee with a copy of the Town’s approved panel of physicians, highlighting the Infectious Diseases Physicians listed. To qualify for duty related benefits, the supervisor and the exposed employee must, as soon as possible, report the exposure to the Nurse Triage Reporting Service. The attending nurse will provide the injured employee with additional care advice and work with the exposed employee and supervisor to determine what treatment, if any, is needed. If treatment is sought with the approved Infectious Diseases doctor, the employee must forward copies of the injury and medical paperwork to their supervisor and Human Resources.
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4. The employee's immediate supervisor shall investigate the circumstances surrounding the exposure and report their findings in the Injury Module of RMS and forward a copy through the chain of command to the Chief of Police. Except in the most unusual circumstances, the injury report shall be completed by the end of the supervisor's tour of duty. The supervisor must complete the “Supervisor’s Report of An On-The-Job Injury” form and submit the completed form to Human Resources.
E. Light Duty or Restricted Duty Assignment Light duty may be available for an employee who is temporarily disabled for up to 120 calendar days. If, at the end of the 120 days, the employee’s physician determines that the employee is unable to return to their regular position without limitations, the Chief of Police will determine whether a reasonable accommodation can be made.
VIII. SAFETY COMMITTEE
The Chief of Police shall coordinate a Safety Committee comprised of selected members of the department and the Personnel and Training Supervisor, which will meet periodically. The Safety Committee will review reports of injuries, accidents, or hazards and discuss safety-related strategies that could help to create or maintain a safe work environment. Responsibilities of the Safety Committee include:
A. Establish procedures to investigate safety-related incidents including injuries, accidents, illnesses, and deaths for the purpose of recommending corrective action necessary to prevent similar recurring events.
B. Evaluate current policies and procedures, which may affect safety and health in the workplace, and make recommendations for change or adopt new policies and procedures.
C. Evaluate current equipment, which may affect safety and health, and make recommendations for solutions or change.
D. Evaluate the department’s accountability system and make recommendations necessary to implement supervisor and employee accountability for safety and health.
Herndon Police Department
GENERAL ORDERS
Personnel/Training Section 410 Effective Date: February 8, 2021 Page 17 HEALTH AND BENEFITS
E. Evaluate safety and health training practices and recommend procedures to ensure that all employees are trained to perform their work in a safe manner.
F. Ensure that workplace inspections are conducted to locate, identify, and document safety and health hazards and recommend appropriate corrections.