TABLE of CONTENTS CHAPTER 1 LAW ENFORCEMENT ROLE AND AUTHORITY 1.1 Law Enforcement Agency Role 1.2 Limits of Authority 1.3 Use of Force 1.4 Less-Lethal Weapons CHAPTER 2 AGENCY JURISDICTION AND MUTUAL AID 2.1 Agency Jurisdiction and Mutual Aid CHAPTER 11 ORGANIZATION, MANAGEMENT, AND ADMINISTRATION ORGANIZATION 11.1 Organizational Structure 11.2 Unity of Command 11.3 Span of Control 11.4 Authority and Responsibility CHAPTER 12 DIRECTION 12.1 Direction 12.2 Written Directives CHAPTER 13 GENERAL MANAGEMENT 13.1 General Management 13.2 Goals and Objectives CHAPTER 14 PLANNING AND RESEARCH 14.1 Administration CHAPTER 15 CRIME ANALYSIS 15.1 Crime Analysis CHAPTER 16 ALLOCATION AND DISTRIBUTION OF PERSONNEL AND PERSONNEL ALTERNATIVES 16.1 Allocation and Distribution of Personnel 16.2 Specialized Assignment 16.4 Auxiliaries 16.5 Civilians Page i CHAPTER 21 CLASSIFICATION AND DELINEATION OF DUTIES AND RESPONSIBILITIES 21.1 Task Analysis 21.2 Classification CHAPTER 22 COMPENSATION, BENEFITS, AND CONDITIONS OF WORK 22.1 Compensation 22.2 Benefits 22.3 Conditions of Work CHAPTER 24 COLLECTIVE BARGAINING 24.1 Collective Bargaining and Contract Management CHAPTER 25 GRIEVANCE PROCEDURES 25.1 Grievance Procedures CHAPTER 26 DISCIPLINARY PROCEDURES 26.1 Disciplinary Procedures CHAPTER 31 RECRUITMENT 31.1 Administrative Practices and Procedures 31.2 Affirmative Action and Equal Employment Opportunity 31.3 Job Announcements and Publicity CHAPTER 32 SELECTION 32.1 Professional and Legal Requirements 32.2 Administrative Practices and Procedures CHAPTER 33 TRAINING AND CAREER DEVELOPMENT 33.1 Administration 33.2 Academy 33.3 Training Instructors 33.4 Recruit Training 33.5 In-service, Roll-Call, and Advanced Training 33.6 Specialized In-service Training 33.7 Civilian Training 33.8 Career Development Page ii CHAPTER 34 PROMOTION 34.1 Professional and Legal Requirements CHAPTER 35 PERFORMANCE EVALUATION 35.1 Administration CHAPTER 41 PATROL 41.1 Administration 41.2 Operations 41.3 Equipment 41.4 Stop Sticks 41.9 Joint Operation Procedures for Public Safety Departments CHAPTER 44 JUVENILE OPERATIONS 44.1 Administration 44.2 Operations CHAPTER 45 CRIME PREVENTION AND COMMUNITY RELATIONS 45.1 Crime Prevention 45.2 Community Relations CHAPTER 46 UNUSUAL OCCURRENCES AND SPECIAL OPERATIONS 46.1 Active Shooter 46.2 Tactical Operations CHAPTER 51 CRIMINAL INTELLIGENCE 51.1 Administration CHAPTER 52 INTERNAL AFFAIRS 52.1 Administration and Operations CHAPTER 53 INSPECTIONAL SERVICES 53.1 Line Inspections 53.2 Staff Inspections CHAPTER 54 PUBLIC INFORMATION 54.1 Public Information Page iii CHAPTER 55 VICTIM/WITNESS ASSISTANCE 55.1 Administration 55.2 Operations 55.3 Domestic/Officer Involved Domestic Violence CHAPTER 61 TRAFFIC 61.1 Traffic Enforcement 61.2 Traffic Crash Investigation 61.3 Traffic Direction and Control 61.4 Ancillary Services CHAPTER 71 PRISONER TRANSPORTATION 71.1 Transport Operations 71.2 Restraining Devices 71.3 Special Transport Situations 71.4 Transport Equipment 71.5 Documentation 71.9 Infectious Disease Prevention/Bloodborne Pathogen Exposure Control Plan CHAPTER 72 HOLDING FACILITY 72.1 Administration and Management 72.2 Physical Plant 72.3 Safety and Sanitation 72.4 Security and Control 72.5 Detainee Processing 72.6 Medical and Health Care Services 72.7 Detainee Rights 72.8 Supervision of Detainees 72.9 Temporary Detention Page iv CHAPTER 74 LEGAL PROCESS 74.1 Records 74.2 Civil Process 74.3 Criminal Process 74.4 Property CHAPTER 82 RECORDS 82.1 Administration 82.2 Field Reporting and Management 82.3 Records CHAPTER 83 COLLECTION AND PRESERVATION OF EVIDENCE 83.1 Administration 83.2 Operations 83.3 Evidence Handling APPENDICIES I. Maryland Law Enforcement Officers Bill of Rights II. UFCW Local 1994 MCGEO 2007-2010 III. Title 12 MPCTC General Regulations IV. Local 553 Contract July 1, 2006 – June 30, 2009 V. Property & Evidence Manual Page v This Page Intentionally Left Blank Page vi CUMBERLAND POLICE DEPARTMENT General Order #1 Subject: Law Enforcement Role and Authority Effective Date: October 1, 2007 Review Date: October 1, 2008 Approved: Chief of Police Charles H. Hinnant This General Order contains the following sections: 1.1.1 Oath of Office 1.1.2 Code of Ethics 1.2.1 Legally Mandated Authority 1.2.2 Constitutional Rights - Compliance 1.2.3 Search and Seizure without Warrant 1.2.4 Procedures for Arrest without Warrant 1.2.5 Eyewitness Identification 1.2.6 Alternatives to Arrest / Confinement and Pretrial Release 1.2.7 Use of Discretion 1.3.1 Degree of Force 1.3.2 Deadly Force 1.3.3 “Warning” Shots 1.3.4 Nonlethal Weapons 1.3.5 Medical Aid 1.3.6 Use of Force / Discharge of Firearms Reports 1.3.7 Review of Use of Force / Discharge of Weapons Incidents 1.3.8 Officer Removal Pending Review 1.3.9 Authorized Weapons and Ammunition 1.3.10 Firearm Proficiency 1.3.11 Firearm Qualifications 1.3.12 Issuing Use of Force Directives 1.3.13 Annual Analysis Reports 1.4.1 Taser Policy 1.4.2 Less Lethal Launcher Policy 1.1 LAW ENFORCEMENT AGENCY ROLE 1.1.1 OATH OF OFFICE A. Upon becoming a sworn member of the Cumberland Police Department, each person so appointed shall subscribe to the following oath of office: 7 I do hereby solemnly promise and swear that I will support the Laws and Constitution of the United States of America, of the State of Maryland, and of the City of Cumberland; That I will faithfully perform my duties as a Police Officer of the City of Cumberland at all times courageously and diligently and to the best of my ability; That I will obey any lawful Summons or Command given me by a superior officer and also ever accord to them proper dignity and respect; That I will at no time divulge to anyone except to a fellow officer or authority proper to receive it, any information of a secret nature or otherwise which I may learn or which may be imparted to me relative to police work, the police department, or members of the police force. And I do further hereby solemnly promise and declare that I will remain steadfast in this, my obligation as a police officer of the City of Cumberland, so do I declare. B. A written oath of office shall be notarized and kept on file with the City Clerk and a copy shall be placed in the member's personnel file. 1.1.2 CODE OF ETHICS A. The officers within the Cumberland Police Department shall be guided by the principles contained in the Code of Ethics of the International Association of Chiefs of Police. B. Each member of the agency will be issued a copy of the International Association of Chiefs of Police Code of Ethics. I.A.C.P. LAW ENFORCEMENT CODE OF ETHICS 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 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 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 so long as I am true to the ethics of the police service. I will constantly strive to achieve 8 these objectives and ideals, dedicating myself before God to my chosen profession...law enforcement. 1.2 LIMITS OF AUTHORITY 1.2.1 LEGALLY MANDATED AUTHORITY A. The Cumberland Police Department shall preserve the peace, protect persons and property, and obey and enforce all ordinances of the legislative authority of the City of Cumberland, all criminal and motor vehicle laws of the State of Maryland and of the United States. 1. The authority for the Cumberland Police Department is granted by Section 37 of the Cumberland Charter. 2. The Cumberland Police Department is established by the Charter of the City of Cumberland, Section 37. B. The Cumberland Police Department shall perform any other duties that are provided by ordinance. 1.2.2 CONSTITUTIONAL RIGHTS - COMPLIANCE A. The agency will assure compliance with constitutional requirements during criminal investigations by adhering to the following procedures. 1. “The defendant shall be taken before a judicial officer of the District Court without unnecessary delay and in no event later than twenty-four (24) hours after arrest or, if the warrant so specifies, before a judicial officer of the circuit court without unnecessary delay and in no event later than the next session of court after the date of arrest.” (Maryland District Rules 4-212 (e), (f)(1)) 2. The question of coercion or the involuntary nature of confessions and admissions will be addressed by requiring a suspect to sign a waiver before making a statement, indicating that the confession is completely voluntary.