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Newport News Department - Operational Manual

OPS-405 - PROCEDURES [1.2.1, 1.2.5] Amends/Supersedes: OPS-405 (02/27/2019) Date of Issue: 03/26/2021

I. GENERAL A. When making an arrest, the officer: 1. Will take into consideration the safety of bystanders in the area of arrest, the being arrested, and their own safety. 2. Should pick the place, time, and location of the arrest to give the best tactical advantage, as conditions allow. 3. Shall verbally announce the arrest prior to any physical seizure of an individual when reasonably possible. 4. Will be in uniform, and/or shall display their badge of office. 5. Will, prior to placing the arrested individual in a patrol vehicle, conduct a search incident to arrest (see OPS-410 Searching Arrested Persons). The transporting/receiving officer is responsible for searching or observing the search of any detainee placed in their vehicle. A search must be conducted any time care and control of the detainee is transferred from one officer to another. B. While making an arrest based on the execution of any or other legal service: 1. It is mandatory to verify that the person named in the legal document is the person being detained. This includes (but is not limited to): a. Pictorial identification; b. Driver’s license; c. Identification by social security number; or d. Fingerprints prior to arrest for comparison to known fingerprints of the person named in the arresting document. 2. If the identity of the suspect being detained is questionable, or cannot be determined via the prior means, a supervisor should be consulted before any arrest is made.

II. PROCEDURE A. Authority of Police Officers to Stop, Question, and Search Suspicious Persons (“”). A police officer may detain a person in a public place who they reasonably suspect is committing, has committed or is about to commit a . If they have such , the officer may require the detainee's name and address, and may conduct a pat- down for a dangerous weapon when they have articulable reasons to fear for their safety. If the detainee illegally possesses a concealed weapon, the officer shall take possession and dispose of it as provided by law. [1.2.4]

OPS-405 - 1 of 15 – 03/26/2021 1. A pat-down search does not automatically accompany an investigative . The officer must articulate particular facts from which they can reasonably infer that the detainee is armed and dangerous. NOTE: To justify removal, it is only necessary that the officer reasonably believes the object could be a weapon. 2. Reasonable suspicion of narcotics possession and distribution is a stand-alone circumstance that infers dangerousness, thus permitting authority to conduct a pat-down search.] 3. The “Plain Touch Rule” allows an officer to seize an item whose feel is so distinctive that its evidentiary nature is immediately and clearly apparent. 4. An officer may conduct a warrantless search of a vehicle if they have to believe that the vehicle contains of a crime or contraband, and there are exigent circumstances that would make obtaining a impracticable (Carroll Doctrine). [1.2.4] a. Exigency may be created by the mobility of the vehicle, and the likelihood that the vehicle’s occupants will remove or destroy evidence or contraband. b. The scope of a warrantless search is defined by the existing probable cause. Officers may search the entire vehicle, trunk, closed containers, or any place that the items to be seized could be kept. 5. An officer may conduct a warrantless search at the scene of a crime to ensure no unaccounted for victims or exist at the scene, or exigent circumstances that will cause the loss or destruction of evidence. [1.2.4] 6. Use of Force During Investigative Detentions a. If an officer has an articulable suspicion that an individual stopped for an investigative detention (Terry Stop) is armed and/or poses a significant danger to themselves or others, the officer shall be permitted to employ a level of force to protect themselves and neutralize any potential danger posed by the individual stopped (see OPS-110 Use of Force) b. The immediate circumstances must justify the officer’s decision to use a particular level of force during the investigative detention. If the use of force exceeds that which is necessary for the investigative detention, the stop may be deemed a “custodial” detention by the , which entitles the subject to certain protections (e.g., Miranda warnings) not required during an investigative detention.

B. Service of Criminal Process, Warrant, Capias, and Summons [74.1.1, 74.3.1]

1. In accordance with §15.2-1704 B of the Code of Virginia, an officer has no authority in civil matters except: a. To execute and serve temporary detention orders and any other powers granted to law enforcement officers in §16.1-340, §16.1-340.1, §37.2-808 or §37.2-809 (mentally ill in need); b. To serve an order of protection pursuant to §§16.1-253.1, 16.1-253.4 and 16.1-279.1 (family abuse); or c. To execute all warrants or summons as may be placed in their hands by any for the locality and to make due return thereof; and

OPS-405 - 2 of 15 – 03/26/2021 d. To deliver, serve, execute, and enforce orders of isolation and quarantine issued pursuant to §§32.1-48.09, 32.1-48.012, and 32.1-48.014 and to deliver, serve execute, and enforce an emergency custody order issued pursuant to §32.1-48.02. [74.2.1] 2. When officers serve, or attempt to serve, a criminal process, warrant, or capias, they will complete the attached Warrant Service Tracking Sheet (NNPD Form #64), ensuring that the following information is recorded: [74.1.2, 82.2.2(e)] a. The date and time that service was attempted/made; b. The name of the attempting/serving officer; c. The name of the person on whom the service +was attempted/made; d. The results of the service, or the reason why service was not made; and e. The address or location where service was attempted/made. 3. Officers shall not receive, solicit, or accept any fee or other compensation for the execution of a criminal process other than the salary or expense reimbursement paid by the City. 4. §19.2-80 of the Code of Virginia requires that if an officer does not issue a summons pursuant to §19.2-74 or §46.2-936, the officer making arrest under a warrant or capias shall bring the arrested person without unnecessary delay before a judicial officer. 5. All warrants which are faxed to other Departments shall only be faxed by members of the Apprehension Unit as needed in their day-to-day activities. Records Section personnel may fax warrants, when the subject is in custody. (If an officer requests attempted service Records Section personnel will fax a warrant copy that has been stamped "COPY – DETAINER ONLY".) [ 74.1.3(c)] a. Upon receiving disposition of a faxed warrant copy, personnel will complete a Fax Warrant Cover Sheet (NNPD Form #63) update the computer entry, and place the original warrant in the “fax drawer”. b. Access to the area where warrants are maintained is limited to personnel assigned to the Records Section and Fugitive Apprehension Unit. All warrants removed from Records Section must be signed out in the provided log. 6. If a person is arrested on an outstanding warrant for failing to report to, or going AWOL from, the Virginia National Guard they will be taken before the magistrate (§44-50 of the Code of Virginia). The arresting officer will notify the National Guard officer or Unit Commander of the issuing authority where the accused can be picked up. No arrest card or booking procedure is required.

C. Issuance and Service of Summons in Place of Warrants in Cases [1.2.6; 74.3.1] 1. Pursuant to §19.2-74 of the Code of Virginia, an officer shall release on a summons any person: a. Detained, or in custody for, any violation committed in the officer’s presence which is a violation of any City or Code of Virginia ordinance that is punishable as a misdemeanor (except as otherwise provided in Title §46.2, §18.2-266, §18.2-388, or §18.2-407 of the Code of Virginia). b. Who is arrested on a permitted warrant. c. When specifically authorized by the judicial officer issuing the warrant.

OPS-405 - 3 of 15 – 03/26/2021 NOTE: When serving a warrant for which the person arrested is to be released on a summons, the date will be no more than two weeks from the date of service of the warrant. 2. The officer shall take the name and address of the person charged and issue a summons, providing written notification of the time and place of court appearance to answer to the charges. Upon issuing the summons, the officer shall release the person from custody. 3. An officer may physically arrest a person in accordance with §19.2-74 A1 of the Code of Virginia, if the person: a. Is likely to disregard the summons. b. Is likely to cause harm to themselves or to any other person. c. Refuses to sign the summons. d. Fails or refuses to discontinue the offense. 4. When an officer issues a summons in lieu of an arrest for Juvenile and Domestic Relations (JDR) Court cases, officers shall write the IBR number under “Virginia Uniform Summons.” The officer shall forward the letter of arrest to the Commonwealth’s Attorney’s Office as soon as possible. (OPS-435 Handling of Juveniles) [44.2.1(b,c)] a. If the criminal offense involves a juvenile, the JVR block, and any appropriate areas, in the IBR will be completed. b. §16.1-260 H of the Code of Virginia mandates the filing of a petition for juveniles, except for: 1) Traffic laws (including bicycle, hitchhiking and pedestrian offenses). 2) Game and fish laws or animal control violations. 3) Littering violations. 4) Curfew violations. 5) Possession of tobacco products (§18.2-371.2). 6) Offenses which, if committed by an adult, would be punishable as a Class 3 or Class 4 misdemeanor. 7) Violation of any alcohol-related offense provided the juvenile is released to the custody of a parent or legal guardian. NOTE: Parents or guardians of juveniles released on a summons for an alcohol- related violation shall sign the summons adjacent to the child's signature. D. Process Paperwork 1. The officer shall provide a copy of all criminal warrants to the arrestee except as provided in §46.2-936 of the Code of Virginia. 2. Officers executing a warrant shall indicate the date of execution and forward it to the court to which the summons is returnable (i.e. the indicated area in booking). 3. Officers will ensure that the Fugitive Apprehension Unit receives a copy of any executed warrant (i.e. the indicated area in booking).

OPS-405 - 4 of 15 – 03/26/2021 NOTE: In cases where a Police Aide relays a warrant to the booking area, they will ensure that the arrest information is relayed to an officer or NNPD Records personnel to facilitate the RMS update.

E. Execution and Return of a Non-Jurisdiction Warrant or Summons [74.3.1] 1. Pursuant to §19.2-76 of the Code of Virginia, an officer may execute within the City a warrant or summons issued anywhere in the state. A warrant shall be executed by arresting and transporting the accused to the Newport News City Jail. A summons shall be executed by delivering a copy to the accused. a. Officers executing a warrant in lieu of the 's Department, shall endorse the date of execution and forward the warrant to a judicial official having authority to grant . b. The officer executing a summons shall endorse the date of execution, ensure the court date is valid, and forward it to the Records Section for return to the originating jurisdiction. 2. Officers will not turn arrested persons over to a bail bondsman.

F. Escape, Flight, and Pursuit [74.3.1] (§19.2-77 of the Code of Virginia) An officer may pursue any person who, while in custody, escapes from the arresting officer, or flees from the officer attempting to arrest them beyond the jurisdiction of Newport News. When in close pursuit, the officer may arrest the person wherever they are found if the arrest is made in a county or city adjoining Newport News. If the arrest is made beyond these limits, and is made without a warrant, the officer shall procure a warrant from the magistrate serving the county or city where the arrest was made, charging the accused with the offense committed in the county or city from which they fled.

G. Arrest Without Warrant Authorized in Certain Cases [61.1.2(a); 74.3.1] 1. (§19.2-81 of the Code of Virginia) Officers may make a warrantless arrest of any person who commits a crime in their presence, and any person whom they have probable cause to believe committed a outside their presence. 2. An officer may make a warrantless arrest or issue a traffic summons to a person at the scene of a motor vehicle accident, or at a hospital or medical facility to which the involved person has been transported when supported by the investigation. 3. An officer may make a warrantless arrest of a person charged with a crime in another jurisdiction, upon receipt of a photocopy of a warrant or capias, telegram, computer printout, facsimile printout, a radio, telephone or teletype message. The information received must contain the name of the person accused, or a reasonably accurate description of the person wanted, and the alleged offenses. The detaining officer shall establish that: a. The original warrant or capias is on file with the originating jurisdiction, that they have the warrant or capias “in hand” or have personal knowledge that the warrant or capias is active and obtainable for immediate service. b. If detained on a radio or telephone message, the originating jurisdiction is or has sent the warrant or capias, a photocopy of the document, telegram, computer printout, facsimile printout, or teletype message to our Department so that a copy of the process can be given to the accused, and to the magistrate when required.

OPS-405 - 5 of 15 – 03/26/2021 4. An officer may make a warrantless arrest for a misdemeanor not committed in their presence involving: a. Shoplifting/concealment of merchandise (§18.2-96/§18.2-103 of the Code of Virginia); (see Section II. P. for specific guidelines) b. Carrying a weapon on school property (§18.2-308.1); c. Assault and battery; d. Brandishing a firearm (§18.2-282); or e. Destruction of property in violation of §18.2-137 when such property is located on premises used for business or commercial purposes and based on probable cause from the reasonable complaint of the person who observed the alleged offense.

H. Procedure Upon Arrest Without Warrant [74.3.1] 1. (§19.2-82 of the Code of Virginia) A person arrested without a warrant shall be brought forthwith before a magistrate or other issuing authority having jurisdiction. 2. Under oath, the arresting officer shall present their probable cause for arresting the person. If the issuing authority determines there is probable cause to believe that a criminal offense has been committed, and that the person arrested has committed such offense, they will issue either a warrant under the provisions of §19.2-72 of the Code of Virginia or a summons under the provisions of §19.2-73. A sufficient number of copies shall be transmitted in order to conform to the requirements of §19.2-75 of the Code of Virginia. NOTE: The term “brought forthwith before a magistrate or other issuing authority having jurisdiction” shall include a personal appearance or use of a two-way electronic video and audio communication so the accused and the arresting officer may simultaneously see and speak to such magistrate or authority. If electronic means are used any documents filed may be transmitted in accordance with §19.2-3.1 of the Code of Virginia. 3. If a magistrate finds insufficient probable cause to issue a warrant for an alleged misdemeanor offense, the arresting officer shall not issue a summons to the person for the alleged offense.

I. Arrest of Suspect Inside Dwelling; Search of Same [74.3.1] 1. Absent consent or exigent circumstances, an officer may not enter a suspect’s home to arrest the suspect unless the officer has an and reason to believe that the suspect is there. NOTE: In exigent circumstances (i.e., an emergency), an officer may enter a suspect’s home and arrest the suspect there without a warrant, but the officer must be able to justify this course of action. [1.2.4(e)] 2. Absent consent exigent circumstances, if a suspect is to be arrested in the home of a third party, a search warrant for the third party’s premises is required, in addition to the warrant for the suspect’s arrest.

3. Exceptions for this need for a search warrant/arrest warrant are: [1.2.4] a. Written waiver of consent to search. b. The arresting officer is in hot pursuit of the suspect, as set forth in §19.2-77 of the Code of Virginia.

OPS-405 - 6 of 15 – 03/26/2021 c. The officer reasonably fears that injury to persons or property will occur if the arrest is delayed in order to secure a search warrant (). d. Public areas where a person would have no expectation of privacy.

J. of Criminals - Fugitive from Justice [82.2.2(e)] An officer arresting a suspect, charged as a fugitive from another state’s jurisdiction, must furnish all information pertaining to the arrest of this suspect to the Fugitive Apprehension Unit. The Unit must receive the information prior to the suspect’s first court appearance following their arrest. All required information will be stated in a letter of arrest, along with attachments of copies of electronic messages, and placed in the Fugitive Apprehension Unit’s in-box which is located at the Records Section desk.

K. Foreign Nationals [1.1.4] 1. Definitions: a. Foreign National: A person who is a citizen of another country. Resident aliens who have a Permanent Resident card (‘green card’) are considered foreign nationals for purposes of consular notification, as are undocumented (i.e. ‘illegal’) aliens, and most non-resident aliens who are lawfully visiting the U.S. b. Consular Official: A citizen of a foreign country employed and authorized by that foreign country to provide assistance, on behalf of that country, to its citizens in the United States. c. Diplomat: An official of a foreign government assigned to an embassy in Washington D.C. Diplomats may also perform consular functions and should be treated as a consular officer. d. Documentation: Lawfully admitted foreign nationals are required by federal law to have federally issued documents in their possession to ensure their lawful admission into the United States. These documents will list the person's name, date of birth, entry date and USCJS number. Non-resident documents may also list the last date the foreign national may legally remain in the U.S. NOTE: Most Canadian visitors who are non-resident aliens are admitted without documents. 2. Foreign Nationals a. Officers will not contact, stop, or initiate any police action, against an individual based solely on their country of origin, religion, ethnicity, or immigration status. [1.2.9 a] b. If an officer is unable to communicate with an individual due to a language barrier, Communications shall be contacted to secure a translator, or access the contracted remote service provider. c. Officers will not request passports, visas, “green cards” or travel documents in lieu of, or in addition to, driver's licenses and/or other similar standard forms of identification during a police contact unless a standard form of documentation is unavailable, and/or the officer has reasonable suspicion to believe that the individual is an undocumented alien. d. In cases when an officer has stopped, questioned, or detained a subject suspected to be an illegal alien, as the result of a legitimate law enforcement action, whether or not the

OPS-405 - 7 of 15 – 03/26/2021 officer has determined that the individual is subject to custodial arrest, or eligible for release on a summons, the officer will: 1) Request Communications contact the Law Enforcement Support Center (LESC) of ICE through NLETS or by telephone to determine the immigration status of the individual. a) If LESC provides a negative response and the individual has been physically arrested, and is not eligible for release on a summons, the officer will notify the ICE Duty Agent (800-973-2867) to determine if an ICE response is warranted. NOTE: This will also be done in non-custodial cases when the officer still has reasonable suspicion that the individual is an illegal alien. b) If the individual is confirmed by ICE to be an illegal alien, the officer will: i. Take the individual into custody and follow § 19.2-81.6 Code of Virginia as described in Sections II.K.3.c, and II.K.2.e regarding obtaining a warrant for the illegal alien and making consular notification. ii. Notify the ICE Duty Agent regarding the arrest so that ICE can file a detainer within the required 72 hours. iii. If the documents or social security number provided by the individual being arrested are false, the arresting officer will also notify the Special Investigations Division. 2) Complete a CrimeNtel entry or the "Field Interview" module of RMS prior to the end of the workday, and inform the Intelligence Unit (OPS-468 Intelligence Operations). The officer shall obtain the name, address, telephone number(s), and biographical information of the individual in addition to name, address and telephone number of the individual's employer(s), and descriptive information for any vehicles associated with the individual, identification used, and a digital image of the individual. This information will also be gathered regarding any other person(s) with the individual at the time of the incident. The date, time and identity of the LESC/ICE personnel contacted shall also be denoted, as well as any actions taken. e. Detainment or Arrest: [1.1.4] 1) Whenever a foreign national is arrested or detained, they must be advised that they have the right to have a consular official of their nation notified. In some cases, the consular official must be notified, regardless of the wishes of the person arrested or detained. 2) The consular official is entitled to have access to the person arrested or detained in order to provide assistance. The consular official is not legal counsel for the person. 3) The arresting officer will ensure that proper notifications are made, to include alerting an immediate supervisor of the situation, if warranted. Copies of the United States Department of State handbook, "Consular Notification and Access", is available as in PowerDMS, as well as on the Police Department’s Common Drive. The handbook is available to provide officers with additional information as to the methods and procedures of notification.

OPS-405 - 8 of 15 – 03/26/2021 3. Undocumented Aliens/Immigrants: NOTE: This section is in response to an individual’s status of being in the country illegally, and does not affect the original crime, or suspicion of crime for which the officer stopped the individual. a. Except as otherwise provided by law (see §19.2-81.6 of the Code of Virginia), only federal officers may enforce immigration and naturalization laws. b. Officers shall not stop, detain, question or arrest anyone suspected of being an illegal alien solely on the grounds of their suspected immigration status. The involvement with persons suspected of being in this country illegally is limited to situations independent of the immigration laws. c. As set out in §19.2-81.6 of the Code of Virginia, officers acting on reasonable suspicion that an individual has committed, or is in the process of committing a crime, may arrest that person without obtaining a warrant upon receiving confirmation from the Immigration and Customs Enforcement (ICE) of the U.S. Department of that: 1) The individual is an alien illegally present in the United States; and 2) Has previously been convicted of a felony in the United States; and 3) Was deported or left the United States after such conviction. d. Upon confirmation, the officer shall immediately take the individual before the magistrate and present their probable cause for the arrest. e. The magistrate may issue a warrant if they find that there is probable cause that the detainee meets the qualifications set out in K.3.c. above. f. If a warrant is issued, the following procedure will be observed: 1) Any issued warrant shall include the verbiage found in §19.2-81.6 of the Code of Virginia and state the confirmed violation of federal . 2) Pursuant to § 19.2-82(B), upon the individual being turned over to federal custody, the state warrant pertaining to the individual’s illegal status shall be dismissed. 3) A state warrant issued under these conditions shall expire within 72 hours, or when the individual is taken into federal custody, whichever occurs first. 4) An application for an arrest warrant issued under §19.2-81.6 of the Code of Virginia shall not be permitted within six months of a previous warrant for the same offender, except when ICE has confirmed that the arrested individual will be taken into federal custody. L. Mass Arrest Procedures 1. Arrest/Process/Confinement: In the event that a civil disturbance or other situation results in a mass arrest, members of the Fugitive Apprehension Unit, and other officers assigned at the discretion of the Chief of Police, will be notified to respond to the designated site to assist with the processing of prisoners. In such cases, the Magistrate’s Office has verbally agreed that “Probable Cause” forms will not be required. Instead, the arresting officer will take the prisoner before the magistrate and verbally present the probable cause. Once probable cause is sufficiently established before the magistrate, the officer may leave the prisoner in the booking area or temporary holding facility and return to duty. Fugitive

OPS-405 - 9 of 15 – 03/26/2021 Apprehension Unit personnel and other officers assigned to assist with the booking process will then complete the processing of the prisoners and serve the required warrants. [46.1.4(d)] NOTE: An officer will be assigned to each arrest processing area for the purposes of securing digital photos of the arresting officer and prisoner together. Prior to returning to duty, the arresting officer will ensure that the arrestee’s name is matched with the photo file name. The digital photographs will be downloaded into a separate folder on the Common Drive ("W") to allow the arresting officer(s) to use the images for later identification purposes. 2. Transportation: Should additional transportation assistance be needed beyond the capacity of the precinct units; the on-scene supervisor may contact the Sheriff's Office to request panel vans be brought to the scene. [46.1.4(d)] NOTE: No juvenile is to be transported in the same vehicle with any adult. Only juveniles of the same sex may be transported in the same vehicle, unless they are physically separated by some type of solid partition. 3. Adult Detention Facilities: Coordination with the Sheriff's Office must take place prior to the execution of a special operation which may result in multiple arrests. Adults will be transported to the sally port at the jail. If the booking facility cannot handle the number of arrests, the Sheriff's Office may agree to utilize the jail recreation yard and/or the Court tunnels under the jail as a temporary holding facility. [46.1.3(d), 46.1.4(d)] NOTE: If additional manpower is needed to assist with the security and processing of prisoners, both Special Investigations Division and precinct investigators may be called back by the Chief of Police or designee. [46.1.3(c)] 4. Additional Equipment: The Logistics Division will be responsible for delivering additional Flex-Cuffs, summons books, and fingerprinting equipment to the arrest processing areas, as requested. [46.1.6(d)] 5. Court and Prosecutorial Liaison: In situations that mandate mass arrests, the Chief of Police, or designee, may assign additional officers to liaise between the Department, the Commonwealth Attorney’s Office and the Courts. [46.1.3(d), 46.1.4(f)] 6. Food, Water, and Sanitation: The Chief of Police may request support from the Sheriff's Office in the supply of food and water for detainees. The Chief of Police may also request support from the Department of Public Works for the delivery of portable toilet facilities for use by the detained if on-site facilities are inadequate. [46.1. 4(d)] 7. Medical Treatment: Injured arrestees must be transported to the hospital by police personnel for treatment prior to being taken to either the adult or juvenile detention/processing area. However, the on-scene supervisor may request the assistance of paramedics to provide on-site attention to minor injuries such as scrapes and scratches. (See OPS-220 Prisoner Transportation) [46.1.3(d), 46.1.6(c)] 8. Evidence Collection: Should evidence need processing or collecting, as a result of the incident leading up to the mass arrest situation, the Major Division Commander will be contacted by the on-scene supervisor and be responsible for the callback and assignment of crime scene technicians, if needed. [46.1.4(f)] 9. Defense Counsel Visits: Upon approval of the Sheriff’s Office, visitation by defense counsel will be permitted, as soon as the arrestee has been processed and secured in a permanent holding facility. [46.1.4(d)]

OPS-405 - 10 of 15 – 03/26/2021 10. Interagency Agreements: When the situation dictates, the Chief of Police or designee is empowered to invoke the regional mutual aid agreement for incidents that might result in mass arrests (ADM-199 Response to Unusual Occurrences, OPS-625 Requests for Mutual Aid and Assistance). [46.1.3(d)] 11. Dissemination of information to the media regarding a mass arrest situation will be handled in accordance with the standard release of information guidelines (OPS-520 Media Relations & Public Information). [46.1.3(g)] M. Classification of Offenses 1. §§18.2-8 through 18.11 of the Code of Virginia list six classes of and four classes of . 2. Traffic offenses, unless classified as a misdemeanor by State Code, are considered as violations of public order and are not deemed to be criminal in nature (§18.2-8 of the Code of Virginia). [61.1.2(b)] 3. Officers shall issue a Virginia Uniform Summons on all traffic offenses committed in their presence except for the following cases, when the violator may be taken before a magistrate: [61.1.2(b); 82.2.2(e)] a. The accused fails to sign the summons. b. The accused is unable to reasonably establish their name and address. c. The accused is charged with Driving Under the Influence. d. The accused is charged with Driving Under Revocation/Suspension for circumstances that will result in administrative impoundment of the operated vehicle. (§46.2-301.1 Code of Virginia)

N. Use of Discretion and Alternatives to Arrest [1.2.6; 1.2.7] 1. Each officer of the Newport News Police Department is responsible for using discretion in the performance of their duties so as to reflect sound judgment and guard the image of the officer, Department, and community served. 2. Officers should use alternatives to arrest (e.g., warnings, summonses, referral, informal resolutions) to address a variety of problems they confront, when it becomes obvious that a warning will suffice as well as, or better than, an actual physical arrest. [61.1.2(c)] 3. Officers, when confronted with certain psychiatric, or physical handicaps or problems, may use an appropriate referral service in lieu of arrest. [1.1.3] 4. Officers may allow an intoxicated person, who is a pedestrian and is close to their destination, to proceed to that destination without arresting them if they pose no immediate threat of injury to themselves or others and there is no evidence of any other breach of (officers may be permitted to transport the person in their police vehicle to expedite matters and ensure the person reaches their destination).

O. Jurisdiction [74.3.1] 1. By Charter of the City of Newport News, the territory comprising the consolidated city shall consist of all the territories comprising the former cities of Newport News and Warwick as modified by the boundary line changes authorized by Order of the Newport News Circuit Court dated June 12, 2007. The City’s boundaries shall be construed to embrace all United States military and government reservations within the City, all

OPS-405 - 11 of 15 – 03/26/2021 wharves, docks and other structures of every description that have been erected along the waterfront of the city, and any contiguous territory ceded to the Commonwealth of Virginia by any government or agency thereof, and to the center line of any body of water located between its territory and another jurisdiction. [2.1.1] NOTE: Within the boundaries of Fort Eustis, the federal government has exclusive jurisdiction. The Newport News Police Department has no authority to enforce state and local laws on post (OPS-630 Response and Responsibilities on Federal Property). 2. As a general guideline, officers have jurisdiction within the stated boundaries of the City of Newport News. There are exceptions which allow expansion of jurisdiction authority in certain limited areas of City-owned properties and within contiguous jurisdictions. 3. Whenever an officer goes into any other jurisdiction for law enforcement purposes, the officer will notify Communications and advise them of the location and purpose. The officer will also notify the other law enforcement agency of their purpose within their jurisdiction and if required, ask for assistance. If the jurisdiction is contiguous, and the officer is attempting service of legal process within it, they will notify that jurisdiction of their purpose and request that their officers assist in the service of the legal process. 4. Officers will assist other jurisdictions when they are attempting service of legal processes within Newport News. NOTE: In some instances, jurisdiction will be concurrent with the state and federal authorities. The Department will assist these agencies while they are within the jurisdiction of Newport News. [2.1.2] 5. Exceptions a. In accordance with §16.1-69.29 and §17.1-516 of the Code of Virginia, the jurisdiction of the courts of Newport News include to the low water mark on the west side of the James River and on the south side of Hampton Roads (e.g. Newport News has concurrent jurisdiction with Isle of Wight County over the James River). The City of Newport News has jurisdiction up to the low water mark on the south side of the Hampton Roads opposite of the City of Norfolk’s boundaries. b. §19.2-249 and §19.2-250 of the Code of Virginia are applicable to the City’s boundary with York and James City Counties, and the City of Hampton. Officers have jurisdiction to make arrest on state charges and preserve the peace 300 hundred yards into the City of Hampton and counties of James City and York. Warrants can be obtained as if the offense was committed in Newport News. c. When a crime is committed aboard a ship in the waterways within the jurisdiction of Newport News, the territorial jurisdiction is determined by the vessel's nation of registry. 1) If a crime occurs on a vessel of U.S. Registry the accused would be subject to state (i.e., Newport News) jurisdiction. 2) If a crime occurs on a vessel of foreign registry the accused would be subject to the concurrent jurisdiction of both state (i.e., Newport News) and the nation of registry. The Commonwealth’s Attorney will make the decision whether to accept or decline jurisdiction.

OPS-405 - 12 of 15 – 03/26/2021 P. Shoplifting [74.3.1] 1. Officers may issue a summons for misdemeanor shoplifting offenses not committed in their presence if probable cause is presented by a store security officer or employee that personally observed the offense. [82.2.2(e)] 2. A physical arrest may occur in lieu of a summons when the accused: a. Is potentially harmful to themselves or others; b. Refused to sign the summons; or c. Gives the investigating officer reason to believe they will not honor the summons or will flee the Commonwealth. d. Has prior larceny convictions, making the offense a felony. e. Has outstanding warrants on file or a history of failure to appear. f. Is a juvenile (§16.1-260 of the Code of Virginia mandates that a petition must be obtained). [44.2.1(b)] NOTE: At the officer’s discretion, in lieu of arrest, a juvenile may be released to a parent or legal guardian once the appropriate JVR areas in the IBR are completed. A petition may be obtained by the complainant at a later time. 3. The summons will show the appropriate charge: a. §18.2-96 - Larceny, or b. §18.2-103 - Concealment of Merchandise/Altering Price 4. The investigating officer shall include the following information in the lower right corner of the summons: a. A brief description of the property involved and its approximate value. b. The name, address and phone number of the victim (business) and complainant (security officer/employee). c. The name, address, and phone number(s) of any witness for court. 5. The summons issuance process and suspect interview should be conducted in the presence of the store security officer or employee to allow them to give direct testimony to suspect statements or and proper issuance of the summons. [42.2.1(d)]

6. The officer should assist with the collection and preservation of evidence. [42.2.1(c)] Q. Enforcement of Trespassing on Private Property In accordance with City Ordinance 28-30 the property owner/legal representative can provide the Newport News Police Department with the authority to enforce trespass violations on their behalf. For officers to enforce trespassing on private property, the owner, lessee, custodian, or person lawfully in charge must file and adhere to the requirements of the Permission to Enforce Criminal Violations on Private Property (NNPD Form #91). 1. The following steps will take place upon completion and submission of NNPD Form #91. a. Personnel receiving the form shall verify that the person submitting Form #91 is an authorized representative of the property and at least 18 years of age.

OPS-405 - 13 of 15 – 03/26/2021 b. Within ten (10) days of the submission of the completed form, a police officer or police aide will determine if the location(s) and number of “No Trespassing” signs are properly posted. The employee verifying the property shall complete the “For NNPD official use only” portion of Form #91. c. Within five (5) days of the site visit the precinct commander will advise the property owner/manager, in writing, as to their request status. d. The original NNPD Form #91 shall be forwarded to the Records Unit for inclusion in the “trespass database” and will remain on file with the Department. 2. Once the process is completed the officers will be authorized to serve as “the person lawfully in charge of the property”. Anyone without authority located on the premises after having been provided with a notice, may be charged with a Class 1 misdemeanor.

R. Project Exile [42.2.4] Project Exile is a joint effort by Federal, State and local law enforcement to federally prosecute offenders who use or possess firearms in violation of federal law utilizing a “task force” approach. The Federal Bureau of Alcohol, Tobacco and Firearms (BATF), working with federally deputized state and local officers (Chesapeake, Hampton, Newport News, Norfolk, Portsmouth and Virginia Beach), select cases brought to the Task Force by state and local authorities for federal prosecution. [42.2.4(a)] NOTE: Any questions regarding “Project Exile” should be forwarded to the assigned Task Force Agent of the Special Investigations Division. 1. The following federal charges can be prosecuted under Project Exile: a. Possession of a firearm by a convicted felon. b. Possession of a firearm by a fugitive from justice (The person must be aware they are a fugitive from justice and the pending charge(s) must carry a term of more than one year). c. Possession of a firearm by an illegal alien. d. Possession of a firearm by a person subject to a restraining order. e. Possession of a firearm by a person convicted of domestic violence. f. Possession of a stolen firearm (The person must be aware and admit that the firearm is stolen). g. Possession of a firearm with an obliterated serial number. h. Possession of a firearm by a person under criminal (The person must be aware they are currently under indictment). i. Possession of a firearm in a school zone. j. Making, or causing to be made, materially false statements to a licensed federal firearms dealer. k. Possession of a machine gun by an unlicensed person. l. Possession of an unregistered sawed-off shotgun (The person must have knowledge that it is illegal to possess this weapon).

OPS-405 - 14 of 15 – 03/26/2021 m. Armed Career Criminal Act (This applies to any convicted felon who possesses a firearm and has three prior convictions for a violent felony or serious drug offense committed on separate occasions. n. Possession of ammunition by a convicted felon. o. Use of or carrying a firearm during a drug trafficking crime.

2. Process for charging offenders under Project Exile [42.2.4(f)] a. After making a qualifying arrest, the officer will notify the Task Force agent regarding a possible Project Exile case. b. The Task Force agent will review the IBR and present the case for review by Task Force agents and the BATF resident agent in charge. c. The case will be presented to the United States Attorney’s Office if appropriate for federal prosecution. The Task Force agent will to obtain copies of all Property and Evidence forms that are submitted when a firearm is seized. d. If the case is accepted by the United States Attorney’s Office, a letter indicated such will be forwarded to the officer. The officer will receive a federal subpoena for any future court appearances.

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