Glendale Heights Department GENERAL ORDER # 110 SUBJECT: Discretion and Limits of Authority ACTIVE DATE: 05-04-2018 RESCINDS: GO #110, issued 05-23-2014 AUTHORITY: Douglas R. Flint, Chief of Police RELATED DOCUMENTS: Illinois Compiled Statutes; Glendale Heights Village Ordinances

.01 Purpose This order defines the legal authority and responsibilities of all sworn members of the Glendale Heights Police Department. .02 CALEA Standards 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.7 .03 Policy The Department recognizes the broad authority and responsibility granted to police officers. State and local legislation addresses the distinction between “on-duty” and “off-duty”, and the limits of jurisdiction when defining the authority and responsibility of sworn officers. The Department shall adhere strictly to the legislation set forth by the State of Illinois and the Village of Glendale Heights. All officers shall conduct themselves in a manner consistent with the highest principles of a free society, and shall exhibit professional behavior that inspires respect for the law. To that end, officers shall not circumvent the authority granted them by the courts and statutes, while acting under the “color of law.” .04 Definitions Sworn Officer—Any full time or part time active member including those holding exempt rank, duly sworn before the Police Commission in compliance with 65 ILCS 5/11-1-2 and Glendale Heights Village Ordinance Title 6, Chapter 1 et seq., and vested by statute with the law enforcement powers of search, seizure, detention and . ORDER .10 On-Duty Authority and Responsibilities – Sworn Officers A. All on-duty sworn officers, within the Village of Glendale Heights, shall be authorized and governed by the laws of the State of Illinois and by Glendale Heights Village Ordinance 6-1-8 Powers and Duties of Police.” Outside the jurisdiction of the Village of Glendale Heights, all sworn officers are governed by the statutory limits imposed by the Illinois Compiled Statutes. B. All on-duty sworn officers, within the Village of Glendale Heights, shall consistently, responsibly and without prejudice, execute the duties defined by the Department, as part of their current assignment. Those duties include the protection of life and property, and the enforcement of the laws of the State of Illinois, the United States of America, and the Ordinances of the Village of Glendale Heights. .20 Off-Duty Authority and Responsibilities A. All off-duty sworn officers, within the Village of Glendale Heights, shall be authorized and governed by the same authority as when on duty. While outside the jurisdiction of the Village of Glendale Heights, all sworn officers shall be considered as having the same authority of detention, arrest, as that of a private citizen. B. All off-duty sworn officers, regardless of jurisdiction and upon observing conditions, which require police action, shall first consider notifying on-duty personnel within the Village of Glendale Heights; or the responsible law enforcement agency when outside the Village of Glendale Heights. In all cases,

GO #110 Page 1 of 7 officers shall be cognizant of the circumstances and potential consequences of taking police action while off-duty. C. Any Department member who, while off duty, initiates or participates in any police action without assignment or direction of a superior officer, shall as soon as possible after commencement of the action notify the Watch Commander. For purposes of this section, “self-assigned” means action undertaken at the discretion of a member of the Department under emergency or non-emergency circumstances, or action initiated by any member of the Department without the request or direction of a superior. D. The Department member shall promptly document all circumstances surrounding the incident and the reasons for his/her involvement within the Incident Report. All reports of self-assigned police action shall be forwarded to the Chief of Police, via the chain of command, by the Watch Commander approving the report. Should the matter involve the Chief of Police, all reporting shall be made to the Glendale Heights Village Administrator. 1. If the self-assigned police action occurred in another jurisdiction, a copy of the report shall also be given to that jurisdiction’s Chief of Police. E. If the self-assigned police action occurred in another jurisdiction, the Department member shall ensure a police report is made with that jurisdiction. .35 Legal Authority to Carry Weapons—Sworn Officers All sworn officers shall be governed in their carriage of Department authorized weapons, both on and off- duty and regardless of jurisdiction, by the laws of the State of Illinois, 50 ILCS 710/ et seq. “Peace Officer Firearm Training Act” and by United States law, commonly referred to as the “Law Enforcement Officers Safety Act of 2004.” (H.R. 218) .40 Compliance with Constitutional Requirements All Department members shall be responsible for implementing and following all applicable constitutional requirements and procedures concerning the rights of those accused. Officers should be aware of applicable changes in and procedure. Changes will be communicated via interdepartmental training bulletins and sessions, notices, direct opinions from the State’s Attorney’s Office, etc. .50 Field Interviews, Interviews, Investigative Questioning and Interrogations—General Any officer conversing with or questioning any person in conjunction with any criminal investigation, shall proceed in a professional manner by governing his/her conduct by those rights afforded by the U.S. and Illinois Constitutions and all applicable statutes, ordinances and case law. No portion of this order is intended to restrict an officer in the lawful performance of his/her duties; however, officers are cautioned to consider the following conditions when determining how the Courts would view the contact:  Place or Environment of Questioning/Conversation  Time of Questioning/Conversation  Persons Present During Conversation/Questioning  Physical/Emotional/Verbal Restraint  Length and Form of Questioning/Conversation  Demeanor of Officer(s)  Number of Officers Present While the law does not specify the importance of a single factor, any of these or other pertinent conditions taken in totality could determine the Court’s view of the contact. Officers must always be aware of the changing conditions of any investigative contact and must adjust their actions accordingly. No officer shall violate any person’s Constitutional rights by knowingly circumventing procedure or sound investigative techniques. .55 Rights and Warnings A. Upon determination that a requires the application of the , officers shall read the suspect his/her Miranda Warning directly from a pre-printed Department form, when practicable. In

GO #110 Page 2 of 7 the absence of a pre-printed form, an officer must administer the Miranda Warning in the presence of another sworn officer. Once given, officers shall note the date, time and any witnesses to the warning on the pre-printed form, and shall offer the suspect the opportunity to initial each admonishment and/or sign the pre-printed form. Should the suspect refuse to sign the form, the officer administering the Miranda Warning shall seek the suspect’s verbal acknowledgement of his/her rights. Officers shall document the warning, suspect responses, and witnesses to the warning in their Incident Report. All Miranda Warnings must minimally include the following verbiage:  You have the right to remain silent.  Anything you say can and will be used against you in Court.  You have the right to talk to a lawyer before questioning and to have a lawyer present with you during questioning.  If you cannot afford a lawyer, one will be appointed for you before any questioning.  You may refuse to speak to me at any time and you may demand a lawyer at any time B. Following the advisement of rights and before any statements made by the suspect will be admissible in court, the advising officer must obtain that the suspect knowingly and intelligently waived those rights. C. Any time prior to or during questioning; a suspect may invoke his/her rights. This may involve his/her refusal to answer any or all questions, invocation of his/her right to remain silent, or demanding to speak with an attorney. Once a suspect has demanded an attorney, all questioning regarding the criminal investigation must cease. D. DuPage County does not provide for immediate, on-site legal aid for or detainees. Any suspect demanding counsel shall be advised that consideration for counsel provided by the County shall be made at his/her . In cases where the suspect has indicated the desire to contact his/her private counsel, officers shall make telephone service available to the suspect, within a reasonable time period following the onset of custody. E. Officers shall at the first practicable opportunity, inform an arrestee of the reason for their seizure. In all cases as required, arrestees shall be brought before a judge/court of competent jurisdiction, within the time period specified by Illinois law or by court order. All arrestees shall receive the appropriate copies of all required legal documents, prior to being released or transferred to another agency. .60 Recognized Exceptions to Requirement A. The conditions and circumstances which regulate search and seizure doctrine are frequently the most legally contentious in criminal law. It is imperative that officers taking police action in these areas thoroughly document all aspects of their investigation. Officers should fully document the totality of the circumstances which support the operations decision to conduct a warrantless search. The Department recognizes the following exceptions to the search warrant rules: 1. Search Incident to Arrest—At the time of, or immediately following a lawful arrest, a warrantless search may be conducted of the detainee and the immediate area within the control of the detainee. However, searches of automobiles incident to a lawful arrest are governed by Arizona v. Gant, (556 U.S(2009)), which held that police may search the passenger compartment of a vehicle incident to a recent occupant’s arrest only if it is reasonable to believe that the detainee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest. 2. Automobile (Movable Vehicle) Exception—May be allowed because vehicles do not share the same expectations of privacy as a home or other personal items, and the obvious mobility of an automobile would make it impractical to require that the police first obtain a warrant. a. Officers do not have to actually prove that a vehicle might or would be gone if they obtained a warrant before conducting the search. The existence of alone justifies the exception.

GO #110 Page 3 of 7 b. The vehicle exception allows the officer to search a vehicle without first obtaining a search warrant in those cases where the vehicle was lawfully stopped and the officer has probable cause to believe that the vehicle contains evidence of a . c. Once there is probable cause for a search, an officer has the authority to search the entire vehicle and any containers that may conceal the object of the search. d. With or without a warrant, the scope of a search of a lawfully stopped vehicle is defined by the object of the search and the places in which there is probable cause to believe that it may be found. If probable cause is limited to a specific area then the officer cannot go beyond the scope of that area of search. e. This type of search should not be confused with a search incident to arrest where immediate control becomes an issue. 3. Exigent Circumstances—Upon the establishment of probable cause, a search under this exception may also be conducted if there is reason to believe that evidence may be moved or destroyed before a search warrant can be obtained. 4. Emergency Circumstances-A warrantless search of persons, property, premises or conveyances may be conducted, if strong reason exists to believe it is necessary to preserve life, prevent injury or serious property damage. The purpose of this search is not to gather evidence of a crime. 5. Fresh Pursuit—While pursuing a person an officer has probable cause to believe is armed and has just committed a serious crime, a search of the building into which the person has fled may be conducted for the officer’s own safety, the safety of the public, and to prevent escape. Limited circumstances also allow a search of a building under this exception, if the suspect of a fresh pursuit is unarmed, but likely to destroy or conceal evidence if not apprehended immediately. 6. Consent—A warrantless search of a person, property, premises or conveyance may be conducted after obtaining the consent of the person, or of someone who has the right and authority to act for the person whose rights will be affected by the search. Consent must be verbally and physically positive, and, ideally, written. Consent may be limited by the authorizing person, and may be withdrawn by that person. 7. /Frisk—In conjunction with a lawful temporary detention (ref. Terry v. Ohio), which in summary, allows an officer to conduct a cursory pat down of outer clothing or to discover weapons when the officer has reasonable, articulable, suspicion the person is armed with a weapon. An officer may frisk an individual for weapons if the officer has stopped a person for temporary questioning pursuant to 725 ILCS 5/107-14 and reasonably suspects that the individual has committed, or is in the course of committing or about to commit a crime. 8. Administrative—Certain regulated businesses may be subject to inspections that do not require a warrant or probable cause. Firearms dealers, pawn shops and pharmacies are examples of places that can be subject to a warrantless search. In addition to being regulated by State of Illinois statutes, the Department, absent exigent circumstances, shall not allow an officer to conduct an administrative search without the prior knowledge and consent of his/her immediate supervisor. 9. Probation—Individuals on probation may be subject to a warrantless search as a condition of their release. However, these conditions typically stipulate strict limits to the places and persons to be searched. As such, the Department, absent exigent circumstances, shall not allow an officer to conduct a probation search without the prior knowledge and consent of his/her immediate supervisor. 10. Abandoned Property—Property that would lead a reasonable person to believe that it has been abandoned, can be searched and seized without a warrant. Common applications of this exception may include trash pulls, abandoned vehicles, or persons who may discard an item(s) when they observe the police approaching. Abandoned property, particularly when conducting

GO #110 Page 4 of 7 trash pulls, is frequently subject to constitutional challenges in court. Officers may not conduct a trash pull without first notifying and gaining the consent of their immediate supervisor. 11. Open Fields—Officers may enter and search any unoccupied or underdeveloped area that lies outside the curtilage of a dwelling. The courts define curtilage as the area around the home to which the activity of home life extends. Factors used to determine whether an area may be considered curtilage include distance from the home, any enclosure(s), the use of the area, and any steps taken by the owner/resident to protect the area from the observations of people passing by. 12. Plain View—Officers may seize contraband or evidence of a crime without a warrant, that is in plain view and to which the officer has lawful access. This exception applies in all cases, including instances where a lawful arrest or search warrant is being executed. 13. Public Places/Open View—There is no requirement to obtain a warrant to seize items brought into public places, which are open to public view. Additionally, there is no requirement to obtain a warrant to simply look at something that is in open view, although an officer may need a warrant to seize the item(s). Provided an officer is lawfully located in a position from where the contraband/evidence can be seen, a warrantless search may be conducted. 14. Plain Touch—If, while in the process of frisking a suspect for weapons, an officer detects an object that is not a weapon, the officer may seize the object without a warrant if the officer’s training and experience and the articulable sense of touch make it immediately apparent that the object is contraband. 15. Canine (K-9)—Searches of canine sniffs can be made without a warrant in certain limited circumstances. The Department invests heavily in the training and education of its K-9 unit and expects the K-9 Handler to remain current as to the case law regulating warrantless K-9 searches and to utilize that training and knowledge to direct appropriate searches. 16. Inventory—Officers shall conduct inventory searches of seized and/or impounded vehicles, to protect the property of the owner, to protect the Department against claims of damage and/or lost/stolen property, and to discover any potential danger that may exist because of the contents of the property itself. 65. Suspicionless Search of Parolee The Illinois Supreme Court held in People v. Wilson, No. 102562, 2008, in a unanimous decision, that the residence and person of one who is subject to Mandatory Supervised Release (MSR) may be searched without warrant and without suspicion, and that the Fourth Amendment does not prohibit a police officer from conducting a suspicionless search of a parolee. 730 ILCS 5/3-3-7(a)(10) provides that a condition of every parole or Mandatory Supervised Release (MSR) is that the subject consent to a search of his/her person, property, or residence under his/her control. Officers basing their search under this ruling shall state in their Incident or Supplemental Report how they knew the subject was on parole or MSR, and that the search was based on the suspicionless search of a parolee ruling. .70 Report Review – Search and Seizure During the daily report review process, supervisors shall assess the circumstances and apparent justification for an officer’s decision to conduct a warrantless search. Supervisors shall be responsible for ensuring the apparent lawfulness of such actions and shall ensure the information contained in all related reports is in compliance with constitutional requirements. Violations of a person’s civil and constitutional rights will not only expose the Department to potential litigation, but may also result in Departmental discipline for the offending officer(s) and their supervisors. .75 Authority to Arrest A. In accordance with ILCS 725 Section 5/107-2, officers may arrest a person under the following conditions:

GO #110 Page 5 of 7 1. When an officer has a warrant, or knowledge of a warrant commanding that such person be arrested. 2. When any crime has been, or is being committed by such person in an officer’s presence. 3. When the officer has probable cause to believe that an offense has been committed and that the offense has been committed by the person to be arrested. .80 Warrant Officers effecting an arrest pursuant to a warrant, shall first make all reasonable effort to ensure the validity of the warrant and the identity of the person to be arrested. A lawful should minimally include the name, date of birth and general physical description of the person to be arrested. Additionally, the arrest warrant should contain originating agency, offense(s), circuit court information and amount, along with any time or geographical limitations imposed by the Judge issuing the warrant. The Department requires the confirmation of the validity of any warrant, prior to arrest. Nothing in this order precludes officers from safely detaining a person temporarily, reasonably suspected of being named in an arrest warrant. All warrant arrests require the completion of an Incident Report or Supplemental report. .85 Warrantless Arrests Officers effecting an arrest without a warrant, shall first establish probable cause for such arrest. In addition to probable cause, officers shall consider the suitability of first obtaining an arrest warrant. Time and circumstances often dictate the practicality of obtaining a warrant, however, expediency shall not be the sole consideration. Officers shall properly and thoroughly document the development of probable cause for arrest within their Incident Report. .90 Pre-Arraignment Confinement—Bail/Bond Rules A. Officers shall be regulated by Article V of the Rules of the Supreme Court of Illinois on Trial Court Proceedings in Traffic and Conservation Offenses, Ordinance Offenses, Petty Offenses and Certain Misdemeanors—Bail Schedules: 1. Rule 553(a) of the Illinois Supreme Court grants the Chief of Police, Deputy Chief of Police, Sergeant or any other police officer the authority to let bail. 2. Bail may be posted or accepted in any police station, sheriff’s office or jail, or other county, municipal or other building housing governmental units, or a district headquarters building of the Illinois State Police. B. Individual Bonds will be issued pursuant to Illinois Supreme Court Rule 553(d) as follows: 1. Traffic Offenses as set forth in Illinois Supreme Court Rule 526; 2. Conservation Offenses as set forth in Illinois Supreme Court Rule 527; 3. Ordinance Offenses, Petty Offenses, Business Offenses and certain misdemeanors as set forth in Illinois Supreme Court Rule 528; 4. Persons required to deposit both bail and their drivers license as set forth in Illinois Supreme Court Rule 526(e) may be released on $1,000.00 cash bail. .95 Release of Intoxicated Persons Under the Age of Twenty-One Prior to the release of an intoxicated person under the age of twenty-one, officers shall make a reasonable attempt to contact a responsible adult who is willing to take custody of the person who is under the influence of alcohol or drugs. .100 Alternatives to Arrest A. Officers frequently encounter situations which require solutions not effectively rendered by a criminal arrest. The elderly, emotionally disturbed persons, alcohol and substance abusers, physically and mentally handicapped, physically ill and transient/homeless persons often need assistance from resources which exceed the capacity of the Department. In such cases where a viable alternative is available, members may divert non-serious or non-criminal social problems from the Department and the formal

GO #110 Page 6 of 7 criminal justice system, to appropriate community or regional resources. In cases where alternative resources are employed, all actions taken by any member shall be subject to review by the supervisor. 1. Adult Referrals—Based upon the facts and circumstances known, officers investigating cases shall determine whether the parties involved may best be served by assistance from another criminal justice or social services agency. If the investigating officer determines that a referral is an acceptable and effective alternative, the officer can initiate one of the following actions: a. Provide basic service and contact information, along with any available documentation from the criminal justice or social service agency which may provide assistance. b. Intervene on behalf of the involved parties by contacting the associated criminal justice or social services agency, and make the appropriate arrangements for assistance. c. Transport involved parties to the officer, representative or facilities of the assisting agency. 2. Juvenile Referrals—All cases involving juveniles shall be handled according to the Illinois Juvenile Court Act, 705 ILCS Act 405. Officers should seek the assistance of a Juvenile Officer prior to making a recommendation for referral. 3. Warnings—Verbal or written warnings can be used for minor traffic and ordinance violations. Warnings shall not be used for major violations, or those violations specifically addressed in written directive. 4. Citations and Ordinance Tickets-Enforcement procedures which constitute alternatives to arrest solely by the fact that they may be used to preclude physical custody or other more severe enforcement options. 5. Informal Resolutions—An informal resolution is the practice of resolving problems without arrest, citation or referral. Informal resolution is an effective method to address minor violations, simple disputes or disagreements, or where the investigating officer determines that inadequate probable cause exists. Officers shall seek direction from their supervisor(s) when the appropriate course of action is in doubt. .105 Officer Discretion A. The Department recognizes that it is unrealistic and often counterproductive to expect officers to enforce all laws and ordinances strictly, regardless of the circumstances surrounding each individual case. Officers must make discretionary decisions regarding alternatives to arrest, to effectively discharge their duties and serve the community. B. Department members shall always act in accordance with all applicable laws and within the limits of Department Rules, Regulations, General Orders and Operating Procedures. While an officer’s discretion is a valuable and effective tool, its use must be reasonable, defensible, non-discriminatory and always accomplish a law enforcement related purpose. All discretionary action taken by any member shall be subject to review by that member’s supervisor. If circumstances are beyond the scope of an officer’s training and experience, a supervisor must be consulted prior to discretionary action being taken.

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