HomeMy Public PortalAboutPRR 21-2850
Renee Basel
From:frank ranzie <ranzieffrank@gmail.com>
Sent:Monday, August 16, 2021 11:14 AM
To:Rita Taylor
Subject:Public Records Request (Police Policy & Procedures)
\[NOTICE: This message originated outside of the Town of Gulfstream -- DO NOT CLICK on links or open attachments
unless you are sure the content is safe.\]
Good Day Records Custodian,
My name is Frank Ranzie, a private investigator in Boynton Beach. In 2016 I had submitted a public records request and
received access to a 480 page Manual for Police Policy and Procedures. I no longer have the link and am in need of a
copy the following procedures that were in effect in September 2015 as follows:
1. Arrest (2.03)
2. Use of Force (4.01)
3. Incidents Reported to Supervisors (SOP 17.04) 4. Criminal Investigations (18.01)
Please advise if there is possible expedited service and any fees associated for production.
Thanking you in advance for your assistance,
Frank Ranzie
Sent from my iPhone
1
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
August 18, 2021
Frank Ranzie [mail to: ranzieffrank@gmail.com]
Re: GS #2850 (Police Policy and Procedures)
In 2016 I had submitted a public records request and received access to a 480 page Manual for
Police Policy and Procedures. I no longer have the link and am in need of a copy the following
procedures that were in effect in September 2015 as follows: 1. Arrest (2.03) 2. Use of Force
(4.01) 3. Incidents Reported to Supervisors (SOP 17.04) 4. Criminal Investigations (18.01)
Dear Frank Ranzie [mail to: ranzieffrank@gmail.com]:
The Town of Gulf Stream has received your public records request dated August 16, 2021. You
should be able to view your original request and response at the following link:
https://portal.laserfiche.com/Portal/DocView.aspx?id=176783&repo=r-430100cc
We consider this request closed.
Sincerely,
Reneé Rowan Basel
As requested by Rita Taylor
Town Clerk, Custodian of the Records
GULF STREAM POLICE DEPARTMENT -Arrest Procedures SOP#2 03
ARREST PROCEDURES
EFFECTIVE: 07/01/07
I. POLICY: The Gulf Stream Police Department has
the responsibility and duty to make arrests based
upon probable cause within the town limits. In
instances when a crime occurs and the department
does not make a physical arrest, a report will be
written and further investigation may be initiated.
H. DEFINITIONS:
A. Discretion - Is the power or right conferred
upon officers by law of acting officially in certain
circumstances according to the dictates of
one's own judgement and conscience.
B. Probable Cause (Reasonable Belief) - The
facts and circumstances that an officer knows
or should know, based on reasonably
trustworthy information to warrant a prudent
person to act or think in a similar way.
III. ARREST JURISDICTION:
A. Gulf Stream Police Officers have law
enforcement jurisdiction and authority to arrest
at any time within the town limits of Gulf Stream
pursuant to Town Ordinance and Florida State
Statutes.
B. Gulf Stream Police Officers have the
authority to arrest upon fresh pursuit outside the
town limits of Gulf Stream pursuant to Florida
State Statutes.
C. An officer may exercise law enforcement
authority when he or she witnesses a violation
of FSS, which is A crime of violence, outside of
Gulf Stream provided the jurisdiction they are in
participates in the Palm Beach County Law
Enforcement Combined Operational Assistance
and Voluntary Cooperation Mutual Aid
Agreement (MUTUAL AID).
1. The MUTUAL AID is intended to address
critical, life threatening or public safety
situations prevent bodily injury to citizens
and/or secure the apprehension of violent
criminals.
2. An officer who exercises his or her law
enforcement authority outside of Gulf
Stream Town Limits will do the following:
a. Immediately after the situation is
brought under control, notify the agency
having normal jurisdiction.
b. Turn the investigation over to the
agency having normal jurisdiction.
c. Offer any assistance requested
including, but not limited to, a follow-up
report documenting the event and
actions taken.
d. Notify a supervisor of the Gulf
Stream Police Department of the
enforcement action.
e. Submit a memorandum to the
Chief of Police within twenty four (24)
hours of the incident, documenting all
aspects and action taken during the
incident. Approval for additional time for
submittal may be granted by the Chief
of Police.
D. When an off -duty officer is personally
involved in an incident which involves family,
personal friends or neighbors, whether within
the town or outside of Gulf Stream, he or she
should not take any law enforcement action,
unless immediate action is necessary to
prevent serious bodily harm.
E. Nothing in this section is meant to require or
order an officer to act on a crime of violence
committed in the presence of the officer outside
of his or her jurisdiction, but only to authorize
such action if the action would be that of a
reasonably prudent person.
IV. CONSTITUTIONAL RIGHTS WARNINGS
(COMMONLY KNOWN AS "MIRANDA
WARNINGS")
A. An officer is required to advise a person
suspected of committing a crime of his or her
Constitutional Rights under the "Miranda
Decision" before that person is questioned
when:
1. The suspect is arrested and in custody.
2. When "custodial interrogation" exists.
a. This occurs when a suspect(s)
freedom is limited by police to the
"degree associated with formal arrest".
B. The officer will read the Miranda Rights from
a standard rights card or form prior to
interviewing a person who is under arrest or in a
custodial interrogation situation.
Page 1 of 9
GULF STREAM POLICE DEPARTMENT -Arrest Procedures
SOP# 2.03
Gulf Stream Police Officer without first
1. The interviewing officer will ensure that
obtaining written authorization from a
the person being interviewed is read the
supervisor or the Chief of Police. The
Miranda Rights and interviewed in the
authorization will be documented on a
appropriate language by an officer or
narrative continuation report, which will be
investigator who is fluent in that language.
filed with the original report.
2. The interviewing officer will advise and
explain if necessary, each provision of the
Miranda Rights to ensure the subject
comprehends what was said.
C. The officer will request the subject sign the
rights card to acknowledge that he or she
understood the Miranda Rights.
1. If the subject refuses to sign or is violent
and cannot be unhandcuffed, the officer will
write "REFUSED' and/or "VIOLENT' on the
rights card, initial the card and explain the
situation in the narrative portion of his or
her report.
D. The officer will submit the signed or
witnessed rights card with the appropriate
report.
V. DISCRETION:
A. The spirit of the law may be adhered to
where an arrest or charge of a violation is not in
the best interest of the public or the police
department. The letter of the law may be
utilized where limits of authority are clearly
defined.
B. Discretion will be used when an arrest would
not be in the best interest of justice, fairness or
the welfare of the public.
C. Should any questions arise concerning a
particular situation, the officer involved shall
confer with a supervisor.
VI. SEARCH AND SEIZURE:
A. An officer may search a person incident to
arrest.
B. The arresting officer may search the area
within the person's immediate presence for
evidence, contraband, and/or tools or weapons
used in the commission of a crime or which
may be used to escape.
C. A strip -search will be performed by an officer
of the same gender as the arrested person
pursuant to FSS 901.211.
1. A strip search will not be ordered by a
D. Normally an officer needs a warrant to
conduct a search. Exceptions include, but are
not limited to:
1. An officer may search a person, vehicle
or home without a warrant if given voluntary
consent to search by the proper parry. A
written consent form is the preferred
method of "voluntary consent".
2. A warrantless search of a vehicle is
valid, if sufficient facts to support a probable
cause belief that there is a presence of
some type of contraband item is in the
vehicle.
a. When probable cause is established,
an officer may search the vehicle and
any containers found in the vehicle that
are capable of concealing the object of
the search.
3. An officer will conduct a vehicle inventory
when the owner or driver is placed under
arrest, and if the vehicle is towed or seized.
4. Officers who wish to "stop and frisk"
must abide by Florida State Statute. An
officer may only stop and frisk a person
when the circumstances reasonably
indicate that the person has committed, is
committing or is about to commit a crime.
a. When an officer conducts a "stop and
frisk", and the officer has reasonable
suspicion that the person is armed and
the officer has a concern for his or her
safety, the person may be searched to
disclose the presence of a weapon.
b. If a search discloses a weapon or
any evidence of criminal activity, it may
be seized.
5. An officer may make a warrantless
search when exigent circumstances justify
it. These circumstances can include public
safety or that danger or harm will occur to
the police or others if the officer had to wait
while the warrant was being obtained.
6. An officer may also conduct a
warrantless search in any other situation
authorized by state or federal legal
Page 2 of 9
GULF STREAM POLICE DEPARTMENT -Arrest Procedures SOP#2.03
decisions.
E. At the scene of a crime, the officer should
obtain a search warrant if there is a belief the
offender might have standing or a reasonable
expectation of privacy within the scene.
1. When exigent circumstances exist, or if
given valid written consent by a proper
party, the officer need not seek a search
warrant.
2. When the officer is unsure whether a
search warrant or written consent is
necessary, the officer will consult with a
supervisor prior to entering the scene.
F. When an officer returns to a crime scene
where it is believed that the offender might have
standing, the officer will obtain either consent to
search from a proper party or a search warrant,
unless exigent circumstances exist.
1. If a written consent or a search warrant
was needed at the original scene, the
officer will obtain a new written consent or
search warrant each time he or she must
revisit the scene.
VII. DETENTION FOR THE PURPOSE OF
INVESTIGATION:
A. Whenever an officer encounters any person
under circumstances which reasonably indicate
such person has committed, is committing, or
was about to commit a violation of the criminal
laws of this state or the criminal ordinances of
any municipality or county, he or she may
temporarily detain such person for the purpose
of ascertaining the person's identity and the
circumstances surrounding his or her presence
which lead the officer to believe that he or she
had committed, was committing, or was about
to commit a criminal offense.
1. No person will be detained for a time
longer than reasonably necessary to
determine the above.
2. The detention will not extend beyond the
place it was first made or the immediate
vicinity.
3. If during the detention probable cause for
the person develops, the person should be
arrested.
4. If, after inquiry into the circumstances,
which prompted the temporary detention,
no probable cause develops, the person will
be released.
B. If during the temporary detention, an officer
has probable cause to believe the person
detained is armed with a weapon and therefore
offers a threat to the safety of the officer or
another person, the officer may search the
person detained only to the extent necessary to
disclose, and for the purpose of disclosing, the
presence of such weapon. If the search
discloses a weapon or any evidence of a
criminal offense, it may be seized.
C. If during the investigation of a crime, newly
acquired evidence shows probable cause no
longer exists for the arrest of a person who has
been arrested, such person will be released.
1. A supervisor will be notified prior to
releasing the arrested person.
2. The person will be freed immediately.
3. The situation will be explained to the
person.
4. The person will be transported to the
original point of detention or other location
reasonably indicated by the arrested
person.
5. The person will be reasonably assisted in
retrieving a vehicle that had been towed,
returning property that had been taken from
them, etc. during the incident where they
were taken into custody.
6. A report will be written documenting the
incident.
Vill. WARRANTLESS (Probable Cause)
ARRESTS:
A. A person may be arrested without a warrant
when:
1. That person has committed a felony,
misdemeanor or violation of a municipal or
county ordinance in the presence of an
officer.
2. A felony has been or is being committed,
or the officer has probable cause to believe
that a felony has been or is being
committed and the officer has probable
cause to believe that the person to be
arrested is committing, or has committed, it.
3. The officer has knowledge that an arrest
warrant has been issued, but another
Page 3 of 9
GULF STREAM POLICE DEPARTMENT -Arrest Procedures SOP# 2.03
officer is holding the warrant for execution.
4. An officer can make a warrantless arrest,
based on probable cause, for misdemeanor
violations that did not occur in his or her
presence as authorized in FSS.
B. Sworn members who have made a custodial
arrest of a suspect or have established
probable cause to arrest a suspect who is not in
custody must present a filing packet to the
Office of the State Attorney within ten (10)
business days of the incident or the
development of probable cause.
1. Extenuating circumstances may exist
which prevent filing the case within ten (10)
business days.
2. Such circumstances must be brought to
the attention of a supervisor as soon as
they become known. The supervisor will
review the circumstances and approve or
disapprove the delay.
3. If approved, the officer will file the case
at the State Attorney' Office, as soon as
possible within statutory limits and the
officer will submit a supplemental report
outlining the circumstances.
C. A Gulf Stream Police Officer may make a
probable cause arrest based on a Probable
Cause Affidavit, which is completed by another
Gulf Stream Police Officer and available at the
police station.
1. When such an arrest is made, it is the
responsibility of the arresting officer to notify
the officer who completed the Probable
Cause Affidavit that the arrest was made as
soon as practical but no longer than three
(3) days. The officer who completed the
Probable Cause Affidavit will be responsible
to file the case with the State Attorney's
Office.
2. An officer who completes a Probable
Cause Affidavit without an arrest and posts
the affidavit in dispatch, will, if the subject is
not arrested within 10 working days,
present the Probable Cause Affidavit along
with all other required documents and
reports to the State Attorney's Office to file
for a warrant.
a. The officer who completed the
Probable Cause Affidavit is
responsible to monitor and file the
case.
D. A Gulf Stream Police Officer may detain a
person on a request from another law
enforcement agency only if sufficient probable
cause exists or the information is confirmed by
teletype or officers from the jurisdiction making
the request are on -scene to make a positive
identification.
1. If sufficient probable cause does not
exist, it will be treated as an attempt to
locate.
2. The originating agency will be notified of
the location where the person is being
detained or has been located and a request
will be made for that agency to respond to
that location. If it is not possible for that
agency to respond, the officer will gather as
much information as possible and forward
such information to the originating agency.
IX. ARREST WITH A WARRANT:
A. An officer making an arrest by warrant will
inform the person to be arrested of the cause of
arrest and that a warrant has been issued,
except when the person flees or forcibly resists
before the officer has an opportunity to inform
him/her or when giving the information would
imperil the arrest.
B. The officer need not have the warrant in his
possession at the time of the arrest, but, on
request of the arrested person(s), will make
arrangements to have it shown to him/her as
soon as practical.
C. Officers will check PALMS, NCIC and FCIC
for outstanding warrants on all arrested
persons.
D. If a warrant check by computer shows a "hit",
the officer should make every effort to verify the
warrant and confirm that the person in custody
is the person on the warrant.
E. Warrant information from Palm Beach
County (PALMS) warrants may be verified by
telephone through Palm Beach County Sheriff's
Office (PBSO).
F. Warrant information from agencies outside
Palm Beach County will be verified by teletype.
G. After verifying the warrant and the person's
identity, the officer may transport the person to
the G.S.P.D. for processing and make
arrangements for the arrested person to be
transported to the County Jail to be booked.
Page 4 of 9
GULF STREAM POLICE DEPARTMENT -Arrest Procedures SOP#2.03
CRIMINAL ORDINANCE ARRESTS:
H. Whenever a person is arrested on a warrant,
the officer will:
1. Check the computer print out (NCIC,
FCIC, PALMS) to identify which department
originated the warrant.
2. If the warrant was originated by this
department, the original case number will
be used and the officer will complete a
supplement report.
3. If the warrant was originated by another
department, a new case number will be
obtained for the AOD (Assist Other
Department). One case number will be
used per arrested person, even if arrested
for multiple warrants.
3. Warrants for FTA, Contempt of Court,
and VOP are not Gulf Stream Police
Department originated warrants, even
though the department is listed as the
originating agency on the PALMS printout.
I. When a person arrested by an officer on
probable cause is found to have an active
warrant, the officer will obtain an additional case
number for AOD.
1. The officer will use the AOD case
number for the warrant arrest.
2. When the case was originated by the
Gulf Stream Police Department, a
supplement report to the original case
number will be written.
3. The arrested person will be transported
to the Palm Beach County Jail.
J. Pursuant to FSS, all warrants are directed to
and executed by County Sheriffs.
K. If the warrant is from another county within
the state or from another state, the officer must
verify extradition. This will be done by teletype.
1. If the other county or state will extradite,
the arrested person will be transported to
the Palm Beach County Jail to await
transport to the other county or state.
2. If the other county or state will not
extradite; the person will be released unless
there are local charges.
X. NON -TRAFFIC MISDEMEANOR AND
VIOLATION OF COUNTY AND MUNICIPAL
A. An effort will be made by officers to issue a
Notice to Appear (NTA) to persons and
release them on their own recognizance (ROR),
without booking them into the county jail, for a
misdemeanor law violation or violation of a
county or municipal ordinance.
1. Positive identification must be obtained
on all ROR arrests.
B. A full custody arrest, which includes being
booked into the County Jail, should be
made if one or more of the following
circumstances exist:
1. The person fails or refuses to identify
himself/herself or to supply required
information to complete the NTA.
2. The person fails to agree to appear to
answer the charges and refuses to sign the
NTA.
3. The officer has reason to believe the
continued liberty of the person constitutes
an unreasonable risk of bodily injury to
himself or herself or others.
4.The person has no ties with the
jurisdiction reasonably sufficient to assure
his/her appearance or there is substantial
risk he or she will refuse to respond to the
notice.
5. The officer has information that the
person may be wanted in another
jurisdiction.
6. The person has previously failed to
appear or has violated the conditions of any
Pre -Trial Release Program.
7. The person is a known habitual offender.
8. The offense committed is of a violent
nature or the person is displaying a violent
or disorderly behavior.
9. The officer has reason to believe, either
by the persons actions or words, he/she will
repeat the offense if the person is not
physically arrested.
10. A person has committed the offense of
prowling.
11. A person has committed a
misdemeanor sexual offense.
Page 5 of 9
GULF STREAM POLICE DEPARTMENT -Arrest Procedures SOP# 2.03
12. Other circumstances exist, either by a person, unless emergency or exigent
person's action or words, which in the circumstances exist.
opinion of the officer would deem a release
on recognizance inappropriate. The XII. MILITARY DESERTERS AND AWOL
physical arrest under these circumstances ARREST:
must be approved by a supervisor.
XI. ENTRY OF A BUILDING TO EFFECT AN
ARREST:
A. Pursuant to F.S.S., when an officer fails to
gain entry after he or she has announced his or
her purpose and authority to make an arrest,
either by warrant or when authorized to make
an arrest for a felony without a warrant, he or
she may use all reasonable force to enter any
building or property where the person to be
arrested is or is reasonably believed to be.
1. For the purpose of this directive, " when
authorized" is defined as to prevent the
imminent use of a weapon, to prevent the
destruction of evidence, to protect
individuals in distress, to assist victims of
crimes, to investigate a felony in progress,
or to investigate suspicious signs of
impending danger.
B. The announcement of authority and purpose
is not necessary if the officer reasonably
believes such announcement may cause
danger to life or limb or the person to be
arrested is attempting to destroy evidence or
flee.
C. An officer may enter a suspect's residence
for the purpose of effecting a lawful arrest when
he or she reasonably believes the person to be
arrested is within the residence under the
following circumstances:
1. The arrest is based on probable cause
developed or obtained as the result of a
felony and the circumstances of the crime
or the character of the suspect make it
impractical to obtain an arrest warrant.
2. The arrest is based on an arrest warrant,
not a capias.
3. The officer is in fresh pursuit of a person
suspected of committing a felony offense.
4. Entry is necessary to prevent or
terminate the commission of a serious
crime.
D. A search warrant is required to enter a
residence of someone other than the person to
be arrested, for the purpose of arresting such
A. Whenever a computer check is made on a
person and a hit comes back for a military
deserter or AWOL, the person will be arrested.
The arrest will be handled in the same manner
as a warrant hit.
B. The hit will be verified by contacting the
appropriate branch of the U.S. Military Service
by phone (APPENDIX A).
C. An officer will request teletype verification of
an AWOL by contacting the appropriate
number. A copy of the teletype information will
be attached to the report.
D. The arrested person will be transported to
the County Jail.
E. When military personnel are arrested and it
is necessary for them to contact their base, the
arresting officer will assist the person in
establishing the contact.
XIII. IMMUNITY FROM ARREST:
When, in the course of responding to or
investigating an apparent violation of criminal
law, an officer encounters a person who is
claiming Diplomatic Immunity, official U.S.
Department of State identification should be
requested to verify status and immunity.
Below are guidelines and reflect the general
rule, however employees of certain foreign
countries may have higher levels of privileges
and immunity because of a special bilateral
agreement between their country and the U.S.
When in doubt, the officer will notify his or her
supervisor, who will contact the United States
Department of State (APPENDIX A) and
determine the person's status prior to making
the arrest.
A. Diplomats:
1. These officials are generally immune
from arrests.
2. They may be detained only for the time
necessary to confirm their diplomatic status
(APPENDIX A).
3. An officer may apply reasonable
constraints in emergency circumstances
Page 6 of 9
GULF STREAM POLICE DEPARTMENT -Arrest Procedures SOP#2.03
involving self-defense, public safety, or the blanket shield against effective law enforcement
prevention of serious criminal acts. efforts.
4. A traffic citation for non -criminal law
violations may be issued to any diplomatic
agent because it is not an arrest.
5. Immunity may extend to the
administrative and technical staff of
diplomatic agents.
6. Immunity may extend to the family
members of diplomatic agents and to the
family members of the administrative and
technical staff of diplomatic agents.
7. Service staff employees of diplomatic
personnel and the family members of the
service staff generally do not have
immunity.
B. Consular Personnel
1. A career consular official does not have
diplomatic immunity from arrests if the
arrest is for a felony and pursuant to a
warrant.
2. Honorary consular officers, consular
employees and all family members of
consular personnel do not have diplomatic
immunity.
3. All consular personnel may be issued
non -criminal traffic citations.
C. Personnel of International Organizations,
and National Missions, ie United Nations:
1. Personnel serving in the above
organizations may have diplomatic
immunity. Certain executive and senior
staff level may be granted immunity equal
to diplomats and other staff may have been
granted some or limited immunity for their
function.
2. All personnel of international
organizations may be issued non -criminal
traffic citations.
3. The US Department of State maintains
status of immunity and privileges for the
above organizations.
a. The officer will verify each person
claiming immunity through the US
Department of State.
D. Diplomatic immunity does not provide a
1. When a clear law violation by a diplomat
occurs, police are not entirely powerless,
although immunity may insulate the
offender.
2. Where public safety is at issue, or a
serious crime is imminent, police may
intervene to halt a crime and may defend
themselves and others.
3. Proper investigation and documentation
of incidents is required even when arrest
and prosecution is not possible due to
immunity.
4. Immunity is sometimes waived.
5. The status of the diplomat may change
6. The information may be useful to the
U.S. Department of State.
7. Potential non -judicial diplomatic channel
remedies may be available with a properly
investigated and documented incident.
E. Privilege from Arrests
1. Privilege from arrests extends to U. S.
Senators and U. S. Representatives
through the U. S. Constitution.
2. The privilege is applicable only while the
official is traveling to or from a legislative
session or during attendance at a session.
3. This privilege does not prevent an officer
from making an arrest, but simply means
the person can have the arrest set aside.
The arrest remains valid until disposed of
lawfully.
4. The privilege does not apply when the
offense is treason, a felony, or breach of
the peace.
XIV. LEGAL GUIDLEINES:
A. Sworn members have access to book(s)
containing Florida State Statutes at the
department.
B. Sworn members will be issued training
bulletins at regular intervals.
1. Members will have access to legal
bulletins through the Police Law Institute
(PLI).
Page 7 of 9
GULF STREAM POLICE DEPARTMENT -Arrest Procedures SOP# 2.03
W REFERENCE:
Original issue: 07/01/07
F.S.S. Ch. 901 Arrests.
ARRETT J. WARD, Chief of Police
Page 8 of 9
GULF STREAM POLICE DEPARTMENT -Arrest Procedures SOP #2.03
APPENDIX A
A. Phone numbers to check AWOL status and/or to report arrests to military authorities:
1. U. S. Army - (317)-510-3711.
2. U. S. Navy - 1-800-201-4199
3. U. S. Marines - Business hours: (910)-450-0116 or 0415;
After hours : (910)-450-0633 or 0179.
4. U. S. Air Force - (407) 494-2000 or 2008 or 2009.
B. To confirm diplomatic or related status:
1) For information concerning diplomatic agents and their families, (202) 647-1985.
2) Administrative and technical service staff and families, (202) 647-1405.
3) Consular personnel and families, (202) 647-2122.
4) International Organization Personnel and their families (202) 647-1402.
5) For information on any of the above, after normal business hours, (202) 647-2412.
6) United Nations Personnel - (Information available from the host country section of the U. S. Mission to the
United Nations, (212) 415-4168. After normal business hours, (212) 415-4444.
Page 9 of 9
GULF STREAM POLICE DEPARTMENT -Use of Control
SOP # 4.01
USE OF CONTROL
EFFECTIVE: 07/01 /07
Updated New: 6115/20
I. POLICY: Gulf Stream Police Officers are
permitted to only use the degree of force that is
necessary to accomplish their lawful objectives.
Officers must be reasonable in their actions when
using any type of force. In situations involving non-
lethal force, an officer should attempt to exhaust all
alternatives before resorting to physical force.
Gulf Stream Police Officers are authorized to use
lethal force when there is reason to believe that
such force is necessary to protect life and prevent
or minimize great bodily harm. Officers must always
bear in mind that the use of lethal force will be
limited to situations where there is an imminent
threat of death or great bodily harm.
Whenever any type of non -lethal or lethal force is
used, the officer will charge the subject(s) with the
appropriate resisting arrest charge for the level of
resistance.
II. DEFINITIONS:
A. Non -Lethal Force -Force that is not likely to
cause death or great bodily harm.
B. Lethal Force - Force which is likely to cause
death or great bodily harm.
C. Force Continuum - A term that is used to
designate appropriate conduct for an officer
when using force to establish control of a
resisting subject. The level of force necessary
to establish control is directly related to the level
of resistance an individual is exerting.
D. Control — Levels of force used by an officer
to influence or overcome the unlawful or
physical actions of a subject.
E. Resistance - The subject(s) attempt to evade
an officer's attempt(s) to control.
F. Great Bodily Harm - A condition which
creates a substantial risk of death or serious
injury to the officer or another person.
G. Probable Cause (Reasonable Belief) - The
facts and circumstances that the officer knows
or should know, based on reasonable
trustworthy information sufficient to warrant a
prudent person to act or think in a similar way.
III. USE OF CONTROL CONTINUUM:
A. The officer's levels of Control -
1. Officer Presence- Identification of
authority.
2. Verbal Direction - Commands of direction
or arrest.
3. Aerosol Subject Restraint (ASR)/OC.
ASR can be used:
a. when less control techniques in all
likelihood may fail, or
b. when greater control techniques in
all likelihood may lead to injury.
4. Soft Control /Passive Resistance -
Techniques that have a minimal chance of
injury to the officer and/or subject(s)
involved, but have a high probability of
control. Examples include:
a. escort position,
b. pressure points,
c. empty hand joint locks,
d. assisted empty hand arm locks using
impact weapons,
e. handcuffing and/or supplemental
restraints.
5. Hard Control Techniques - Techniques
that have a probability of injury to the
subject(s) involved and a high probability of
control. Examples include:
a. punches and kicks,
b. impact weapon strikes,
c. less -lethal force, and
d. canines (K-9).
6. Lethal Force - Force that is likely to
cause death or great bodily harm.
IV. LEVELS OF RESISTANCE:
A. Subject's Actions:
1. Psychological intimidation — Nonverbal
cue indicating subject's attitude,
appearance, and physical readiness.
2. Verbal noncompliance - Verbal
responses indicating unwillingness to
comply, or threats.
3. Passive resistance - Physical actions
Page 1 of 8
GULF STREAM POLICE DEPARTMENT -Use of Control
SOP # 4.01
that do not prevent the officer's attempt to
control and no attempt is made to harm the
officer (example: going limp).
4. Defensive resistance - Physical actions
which attempt to prevent the officer's
control, but no attempt is made to harm the
officer, (example: a person simply clutches
his or her arms tightly to the chest to
prevent the application of handcuffs or pulls
away).
5. Active aggression - Physical actions of
assault and/or battery.
6. Aggravated active aggression - Lethal
forces encounter or takes officer(s) OC
spray or other non -lethal weapon.
B. Officer's Perception of Danger and Level of
Resistance:
1. When an officer determines that he or
she must use force, the level of force used
would be dependent upon the officer's
perception of the resistance and/or whether
the resistance is placing the officer or
others in jeopardy of serious injury or
death.
2. If the officer's presence and verbal
direction are not successful in establishing
control, the officer is trained to escalate the
level of control.
a. Escalating the level of control is
accomplished by using the "One Plus
One Theory" of escalation and only
escalating to the next level of force that
is justified and/or necessary
considering the amount of resistance
given and the potential for injury to the
subject by using that type of control.
3. It is not necessary to escalate or de-
escalate through all steps to reach another
control level, the officer may use any
appropriate level of force to gain control.
V. USE OF NON -LETHAL FORCE:
A. All force used by a Gulf Stream Police
Officer, whether it is non -lethal or lethal, will be
only that force necessary to effect lawful
objectives.
B. Non -lethal force may be used by an officer,
when necessary, to effect an arrest, to
overcome resistance to an arrest, for self-
defense, to prevent an escape, or to perform
other official duties.
1. Non -lethal force will be used only when
necessary, and then, only the necessary
force to control the situation will be used.
2. Any officer applying non -lethal force as
defined in this policy will be prohibited from
using a lateral vascular neck restraint (i.e.,
"choke hold").
VI. USE OF LETHAL FORCE:
A. Police officers of this department are
authorized to use lethal force when there is
reason to believe that such force is necessary.
1. Officers using force will use only the
degree of force necessary to effect their
lawful objectives.
B. When using lethal force to protect life, the
element of effecting an arrest need not be
present.
C. The following is when the use of such force
is the only reasonable option:
1. To prevent the imminent threat of death
or great bodily harm to the officer and/or to
another person.
D. When feasible, the officer will give a verbal
warning prior to the application of lethal force.
VII. DUTY TO INTERVENE
A. Any officer present that observes another
officer using force that is beyond what is
considered reasonable under the
circumstances or believes that another
officer is about to use unnecessary force,
shall safely intervene to prevent the use of
such force. All acts of excessive use of
force shall be immediately reported to the
shift supervisor, the Chief of Police, or his
designee.
Vill. INJURY FOLLOWING USE OF FORCE:
A. Whenever any type of force is used or any
action is taken that results in the injury or death
of a person, the officer using the force will,
immediately or immediately after the situation or
person is brought under control, notify a
supervisor to respond to the scene.
Page 2 of 8
GULF STREAM POLICE DEPARTMENT -Use of Control
SOP # 4.01
B. Dispatch will be contacted immediately to
summon medical aid whenever the use of force
results in injury, there is an observable injury or
a complaint of injury.
IX. USE OF FIREARMS:
A. Officers are not justified in the use of a
firearm against a misdemeanor offender unless
a misdemeanor arrest escalates to the point
that the officer must defend himself or herself or
another from death or great bodily harm.
B. An officer may use a firearm to destroy an
animal for self- defense or to prevent
substantial harm to another.
1. If an animal is injured or killed, the officer
will contact his or her supervisor
immediately and notify them of the
situation. Palm Beach County Animal
Regulation will be requested to respond
and handle the injured animal. The officer
will make a reasonable effort to contact the
owner.
2. When an animal is destroyed by an
officer, a review will be conducted by the
officer's supervisor as described in SOP #
27.01.
C. Officers are prohibited from shooting a
firearm when it appears likely that an innocent
person may be injured, except in a situation that
is life threatening to the officer or another.
D. Officers should not shoot a firearm at or from
a moving vehicle except in a situation that is life
threatening to the officer or another.
E. Officers who are authorized to carry
revolvers will fire double action at all times.
F. Nothing in this procedure will preclude an
officer from unholstering and displaying his or
her firearm when the possibility of danger to
anyone exists.
G. Under no circumstances will a warning shot
be fired by a Gulf Stream Police officer.
H. Whenever an officer discharges a firearm on
or off duty, other than for training or recreational
purposes, the officer will notify a supervisor of
the incident. This will include all incidents
involving accidental or unintentional discharge
of any firearm by a member and includes a
primary firearm, secondary or back up firearm,
shotgun, or off -duty firearm.
1. A supervisor will respond to the
scene of the incident within the town limits
to conduct an administrative investigation.
2. A supervisor or designee may respond
to the scene of the incident outside the
town limits to conduct an administrative
investigation
3. The officer will, as soon as possible after
the incident, complete a report of the
circumstances surrounding the discharge
so an investigation may be completed
(SOP # 27.01).
X. PROCEDURE FOR USE OF CONTROL
REPORT:
A. The incidents which require a Use of Control
Report (Appendix A) are:
1. Whenever a person is injured as a result
of using a police canine for apprehension.
2. Whenever physical force is used on any
person including, but not be limited to;
a. When a person is charged with
resisting arrest as a result of physical
contact with an officer;
b. When there is any observable injury
or complaint of injury to any subject(s)
or police member(s) as a result of
physical contact between the subject(s)
and member(s);
c. Whenever an officer strikes a subject
with an impact weapon or any object;
d. Whenever a member uses oleoresin
capsicum spray or other approved
chemical agents and
e. Whenever a firearm is drawn and
pointed at a person to gain control.
3. Whenever a firearm is discharged on or
off -duty other than for training or
recreational purposes.
a. If the discharge of a firearm is
accidental and no control of persons is
involved, a supervisor will complete a
report in memorandum form. A copy
Page 3 of 8
GULF STREAM POLICE DEPARTMENT -Use of Control
will be forwarded to the Chief of Police
for review.
b. If there is a discharge of a firearm,
intentional or accidental, during a use
of control incident, the Chief of Police
will be notified of the incident
immediately. The Chief of Police will
determine who will investigate the
incident.
c. PBSO and the State Attorneys
investigator(s) will respond to police
shootings where injury is involved.
4. When a death results from a use of
control incident, the on -call division
commander will be notified and PBSO
Investigator(s) will be called to investigate
the incident.
a. The State Attorney's Office will also
be notified to respond.
5. Any in custody deaths will be
investigated by PBSO.
a. The State Attorney's Office will also
be notified to respond.
B. It is the responsibility of the member involved
in a use of control incident to report it to his or
her shift supervisor immediately after the
incident is brought under control.
Original 07/01/07
SOP # 4.01
1. Any time a member uses control, he or
she is required to submit a written report
documenting the incident. It will be the
responsibility of the shift supervisor on call
supervisor to assure that the Chief of Police
is notified whenever a police officer is
involved in a shooting incident or an in -
custody death occurs.
C. It will be the responsibility of the supervisor
to complete the Use of Control Report.
1. The Use of Control Report is written by
the supervisor and the report will be
submitted to the Chief of Police.
D. All Use of Control Reports and accidental
discharge memorandums will be forwarded to
Chief of Police when completed for review.
1. If an administrative investigation is
Requested, the request will be forwarded
along with the Use of Control Report to the
Chief of Police.
XI. REFERENCES:
• SOP # 4.02 Weapons and Ammunition.
• SOP # 17.07 Vehicle Pursuits.
• SOP # 27.01 Internal Affairs Function.
• Chapter 776 of Florida State Statutes Justifiable
Use of Force.
• Tennessee vs. Garner, 105 S.Ct. 1694,1701
(1985) provides sufficient justification for limiting
use of deadly force to those instances where a
suspect poses an immediate and imminent
threat of serious physical harm to the officer or
others.
Edward K. Allen, Chief of Police
Page 4 of 8
GULF STREAM POLICE DEPARTMENT -Use of Control
SOP # 4.01
Case#_
Location
Last Name,
Address_
Sex
Race
APPENDIX A
GULF STREAM POLICE DEPARTMENT USE OF CONTROL FORM
Date Time
SUBJECT INFORMATION
First Name Initial A.K.A.
City State A. K.A. D.O.B.
Height
Weight
Impaired by Drugs or Alcohol: Yes No Unable to determine
Describe
Injury received: Yes No
No apparent Injury
If yes, describe in detail
Medical Treatment -Paramedic: Yes
No
Paramedic #1
Paramedic #2
Medical treatment -Hospital: Yes
No
Hospital
Physician's Name
Photographs Taken : Yes
No
Polaroid 35MM Digital _
Photograph(s) Taken by :
Date / Time
Weapon involved : Yes
No
Type of Weapon
Charges: RESISTING W/ VIOLENCE
RESISTING W/O VIOLENCE_
Other Charges Specify
Last Name
On Duty: Yes No
Officer Injury received : Yes
OFFICER INFORMATION
First Name
Extra Duty Detail In Uniform : Yes
No If Yes, describe in detail
Medical Treatment -Paramedic: Yes No
Medical treatment -Hospital: Yes No_
Photographs Taken : Yes No
Photograph(s) Taken by :
Weapons / Instrumentalities / Tactics Used :
Physical (Hands, Feet, Fist, Elbow or Knee)
K-9 Agency / Handler
Firearm : Make Model _
# of Rounds Expended
Other Specify
Paramedic #1
Paramedic #2
Hospital
Physician's Name _
Polaroid 35MM
No
BATTERY ON LEO.
Initial ID#
Digital _
Date / Time
Impact (Asp, Baton) OC Spray (see OC section)
other Agency Case #
Serial # Caliber
Type of Ammo
Original 07/01 /07
Page 5 of 8
GULF STREAM POLICE DEPARTMENT -Use of Control
SOP # 4.01
Signed
Print name Date
IMMEDIATE SUPERVISOR REVIEW Name Rank Date
Comments
STAFF REVIEW Name Rank Date
Comments
CHIEF OF POLICE
DATE
Page 6 of 8
GULF STREAM POLICE DEPARTMENT -Use of Control
SOP # 4.01
Subject sprayed: Outside
Skin Color: Dark
Weather Conditions
Effects Of Spray:
OC SPRAY SECTION
Inside (Building or Vehicle) Approx. Seconds sprayed
Medium Light Was subject perspiring Sun Burned
Day Night Sunny Rain
Was Subject sprayed more than once : Yes No # Of Times
Actions taken to neutralize or alleviate effects of spray:
POLICE EMPLOYEE(S) Name
Name
Supplemental Report Filed:
CIVILIAN:
Name
Last
Address
Phone #
Name
Last
Address
Phone #
Yes No
WITNESS INFORMATION
Name _
Name
First
City / State _
First
City / State _
Middle
Middle
INCIDENT
COMPLETE DETAILED NARRATIVE OF OCCURRENCE. (USE ADDITIONAL SHEETS IF NECESSARY.)
Page 7 of 8
GULF STREAM POLICE DEPARTMENT -Use of Control
SOP # 4.01
Page 8 of 8
GULF STREAM POLICE DEPARTMENT -Supervisor Notification SOP# 17.04
SUPERVISOR NOTIFICATION exists which would justify an immediate entry of
the premise to determine the welfare of the
EFFECTIVE: 07/01/07 occupants. The assistance of a shift supervisor
should be requested as time and circumstances
permit.
I. POLICY: The department has established
guidelines for when incidents of a serious nature
arise that require the notification and/or presence of
a supervisor. Officers will immediately notify a
supervisor of any incident they deem to be of a
serious nature. The supervisor will then decide if his
or her presence is necessary based on the facts
known at the time.
II. INCIDENTS REQUIRING SUPERVISOR
NOTIFICATION:
A. Incidents with injury to an officer(s).
B. Any incident requiring the use of outside
agencies under "Mutual Aid Agreement".
C. When an officer becomes exposed to blood
or other potentially infectious materials or a
police vehicle becomes contaminated with
blood or other bodily fluids.
D. When a prisoner is in need of medical
treatment.
E. When a person who claims to have
diplomatic immunity or other privileges is
encountered.
F. Anytime a patrol officer must leave the town
limits other then Police business.
G. Upon initiation of a vehicle pursuit.
H. All felony arrests.
I. Hate crimes.
J. When a sexual battery has occurred.
K. In any discretionary situation where a
question arises involving a decision to arrest or
not arrest.
L. When an officer is unsure whether a search
warrant or written consent is necessary prior to
entering a scene.
M. When responding to a scene of domestic
violence or other crime of violence and the
officer is not permitted to see or speak to the
victim. The officer must consider the totality of
circumstances to determine if any emergency
N. Prior to releasing an arrested person when,
during the investigation of a crime, newly
acquired evidence shows that probable cause
no longer exists for the arrested person.
O. When it is determined that a parental or
criminal abduction has occurred.
P. When conducting a missing person or
runaway investigation, the officer learns that
there are suspicious or unusual circumstances
involved and/or foul play is suspected.
Q. When extenuating circumstances become
known that prevent an officer from filing a case
with the Office of the State Attorney within ten
(10) days.
R. When a vehicle impounded as evidence
must be towed to a designated site or the police
station for processing.
S. When there is an incident and there is media
person(s) on the scene.
T. When there is an incident requiring the
closure or detour of traffic which effects a
portion of the town.
III. INCIDENTS REQUIRING A SUPERVISOR'S
RESPONSE:
A. Officer(s) involved in a shooting, incidents of
resisting arrest, battery on a police officer, and
all use of force incidents.
B. Disasters (bombings/bomb threats,
hazardous material related incidents, etc.).
C. Hostage or barricaded subject situations
D. Prisoner escapes.
E. Whenever an officer discharges any firearm,
on or off -duty within the town limits, other than
for training or recreational purposes. This
includes accidental or unintentional discharges.
F. Arrest of police employees or public officials
from this or other jurisdictions.
G. Any major crime (homicide, sexual battery,
Page 1 of 2
GULF STREAM POLICE DEPARTMENT -Supervisor Notification SOP# 17.04
burglary or theft with a large loss of property,
civil disturbance, etc.).
H. Reports of misconduct of a Gulf Stream
Police Officer(s).
I. Officer(s) involved in a traffic crash.
J. Motor vehicle pursuits.
K. Lost or missing children, suicide, or
suspicious death.
L. When the victim of a sexual battery is
unwilling to cooperate with the investigation
prior to the arrival of the investigator, a
supervisor must respond and have the victim
complete the "Non -Prosecution" form.
M. Upon notification by an investigating officer
that a law enforcement officer is a suspect in
or other crime of violence.
an incident of domestic battery, sexual assault
Original issue: 07/01/07
IV. REFERENCE:
• SOP # 2.03 Arrest Procedures.
• SOP # 4.01 Use of Force.
• SOP # 4.04 Use of ASR/OC.
• SOP # 17.07 Vehicle Pursuits.
• SOP # 18.04 Search Warrants.
• SOP # 18.05 Sexual Battery Investigations.
• SOP # 18.14 Domestic Violence.
• SOP # 18.19 Notification of Next of Kin.
• SOP # 18.21 Hate Crimes.
• SOP # 18.24 Missing Persons.
• SOP # 22.01 Traffic Warnings, Citations, and
Arrests.
• SOP # 22.02 Vehicle Impoundment.
• SOP # 27.01 Internal Affairs Function.
• SOP # 29.01 Arrestee Transportation.
• SOP # 30.01 Prisoner Processing/Temporary
Holding Facility.
• SOP # 37.01 Infectious Diseases
Garrett J. a , Chief of Police
Page 2 of 2
GULF STREAM POLICE DEPARTMENT -Criminal Investigations SOP# 18.01
CRIMINAL INVESTIGATIONS
EFFECTIVE: 07/01/07
I. POLICY: The purpose of this procedure is to
establish guidelines and criteria for conducting
criminal investigations. While conducting criminal
investigations, members will comply with all
constitutional requirements. The investigative
process may include interviews and interrogations,
identifying, collecting, and preserving physical
evidence, and surveillance.
II. DEFINITION
A. Crime Scene - The location where the crime
occurred or where the indication of the crime
exists. It includes the area where the crime was
committed and any portion of the surrounding
area over, or through which the suspect or
victim passed en route to, or going away from
the scene of the crime.
III. PRELIMINARY INVESTIGATIONS:
A. The first member responding to the scene of
a crime or complaint will:
1. Record the information provided by
dispatch.
2. Respond to the scene in a safe manner.
3. Determine if an offense has been
committed and if so, the exact nature of the
offense by observing all conditions, events
and remarks.
4. Protect the victims/parties involved in the
incident.
5. If necessary, administer first aid and/or
summon medical assistance.
6. Take immediate steps to protect and
preserve the crime scene, if any, from
contamination and protect evidence. The
officer will request additional members to
accomplish this requirement if necessary.
7. Determine the identity of the suspect(s),
if possible.
8. Provide other members with information
regarding the incident, i.e., suspect
descriptions, vehicles, direction of travel,
etc.
9. Locate and identify the witnesses.
10. Effect the arrest of the suspect(s), if
possible.
11. Take any other immediate action
deemed necessary by the nature of the
incident.
12. Obtain oral and/or written statements
from the victim(s), witness(s) and from the
suspect(s) if possible.
13. Collect, or arrange for the collection of,
evidence.
14. Accurately and completely record all
pertinent information on the appropriate
report form(s).
B. When conducting an investigation, members
will develop pertinent information through
available resources which may include, but not
be limited to; witnesses, victims, informants,
physical evidence, known M.O.`s and suspects
associated with the investigation.
1. The information that is received will be:
a. documented in the police report, if
pertinent,
b. transmitted to officers working cases
in which the information may impact,
and/or
C. transmitted to other police agencies
with an interest in the information.
IV. MAJOR CASE INVESTIGATION AND CRIME
SCENE PRESERVATION:
A. At a major crime scene, i.e., sexual battery,
homicide, armed robbery, arson, suspicious
death or other serious felony, the initial
responding officer(s) will:
1. Immediately notify the supervisor for
assistance and guidance.
2. Conduct the preliminary investigation as
described above in Section III, A., 1
through 10.
B. The responding supervisor will:
1. Ensure the entire area is cordoned off
with crime scene tape to prevent
unauthorized intrusion, if necessary.
Page 1 of 5
GULF STREAM POLICE DEPARTMENT -Criminal Investi ations SOP 18.01
a. If the crime is a homicide or other V. FOLLOW-UP INVESTIGATION
serious crime where outside assistance
is necessary, request appropriate A. The goal of the follow-up investigation is to
agency(s). The Chief of Police has safeguard victims and/or identify, apprehend
designated the Palm Beach Sheriffs and secure evidence necessary to prosecute
Office will handle all homicide or other the suspect(s), and recover and return stolen
serious crimes where assistance is property to its rightful owner.
naariari
2. Ensure the on -call supervisor is notified,
as necessary.
3. Ensure an officer is assigned to
document all persons entering the crime
scene, if necessary.
4. Request investigative support personnel
as necessary.
C. If a investigator is responding, no formal oral
or written statements will be taken, nor will
evidence be collected, by initial responding
personnel unless requested by the responding
detective.
1. Victims, witnesses and/or suspects will
be interviewed only to the extent necessary
to assure officer and public safety and
obtain information needed by other
responding units.
2. Volatile, endangered, or fragile evidence
may be collected by initial responding
officers only when failure to do so will result
in its destruction or loss of its evidentiary
value. The preferred course is preservation
until a detective can process the evidence.
D. The supervisor will assume responsibility for
the scene until relieved by an investigator or the
Chief of Police. The supervisor or investigator
will direct the activities of all support personnel,
including, but not limited to:
1. Coordinating the collection and
preservation of physical evidence.
2. Assigning members to conduct
preliminary interviews of the complainant(s)
and witness(s) to determine the nature of
their involvement.
3. Assisting the assigned officer with his or
her initial investigation.
4. All evidence collected is entered into
evidence accompanied by a
Evidence/Property form.
B. Certain cases require more than a
preliminary investigation, but do not require a
detective. The initial reporting member may
follow up these cases. When necessary, the
shift supervisor will consult with the Chief of
Police to determine if a detective is needed. The
criteria for determining follow-up assignment
include, but are not limited to:
1. The level of expertise required to
complete the investigation.
2. The seriousness of the incident.
3. The likely geographic boundaries to be
covered during the investigation.
4. Calls for service of the initiating officer.
5. Other factors which may affect the
investigation.
C. Certain cases require review of the solvability
factors present, if any, before determining
follow-up investigation needs.
1. All felony and misdemeanor
cases will be reviewed by the Chief of
Police or designee for solvability factors and
intelligence information related to existing
investigations and/or possible suspects.
2. The Chief of Police or designee will
assign the case for an appropriate level of
investigation based on solvability factors
present.
D. Cases with solvability factors present will be
assigned for a specified minimum level of
follow-up based upon the type and quality of
factors present.
1. The investigator will read all police
reports prepared in the preliminary
investigation.
2. The investigator will check the criminal
history of any named suspect(s).
3. Based on individual case circumstances,
the investigator may conduct additional
interviews of, and/or a search or
neighborhood canvass for, victims,
Page 2 of 5
GULF STREAM POLICE DEPARTMENT -Criminal Investigations
SOP# 18.01
witnesses, neighbors, reporting parties, and
VII. INVESTIGATIVE INTERVIEWS:
possible suspects to clarify information or
seek additional details or evidence that may
have been unknown or missed during
A. Investigative Interviews are intended to:
earlier phases of the investigation.
1. Secure a confession or gain evidence to
4. The investigator may check agency
strengthen the case;
reports, records, or other events occurring
2. Identify co-defendant(s);
in the same time frame of the initial report
for similarities and any previous reports
3. Identify the location of stolen property;
made by the victim.
5. Investigators may develop pertinent
information through available sources, i. e.
patrol officers, informants, etc.
6. Investigators will ensure all physical
evidence has been collected, scientifically
analyzed where appropriate, and all
laboratory results are reviewed when
available.
7. Investigators will, when appropriate,
conduct surveillance of suspects or
locations to develop leads or information.
8. Investigators will, when appropriate,
disseminate information relative to crimes
and suspects throughout the department
and other agencies in the form of BOLO's,
teletype entries, etc.
VI. ARRESTS:
A. In all felony arrest situations prior to the
arrested person being released to another
agency, the arresting officer will notify a
supervisor to:
1. Determine if an investigator wishes to
interview the suspect.
2. Determine if the arrestee is a suspect in
any other crime.
3. If no investigator is on -duty and the
incident requires immediate follow up due to
its nature, i.e., the arrestee is volunteering
information that must be acted on
immediately, or the arrest is based on a
probable cause affidavit or other
documentation requesting notification, the
on -call supervisor will be notified.
4. Discover any instrumentality used during
the commission of the crime;
5. Discover possible involvement in other
criminal activity;
6. Develop investigative leads; and/or
7. Gather intelligence information.
B. Members will represent themselves in a
professional manner and adhere to the
applicable laws and practices which govern
investigative interviews of persons:
1. The Constitution of the United States;
2. The Bill of Rights;
3. Florida State Statutes; and
4. The Gulf Stream Police Department
Standard Operating Procedures.
C. An officer is required to advise a person
suspected of committing a crime of his or her
Constitutional Rights under the "Miranda
Decision" before that person is questioned
when:
1. The suspect is arrested and in custody.
2. When "custodial interrogation" exists.
a. This occurs when a suspect(s)
freedom is limited by police to the
"degree associated with formal arrest".
D. The officer will read the Miranda Rights from
a standard rights card or form prior to
interviewing a person who is under arrest or in a
custodial interrogation situation.
1. The interviewing officer will ensure that
the person being interviewed is read the
Miranda Rights and interviewed in the
appropriate language by an officer or
investigator who is fluent in that language.
2. The interviewing officer will advise and
Page 3 of 5
GULF STREAM POLICE DEPARTMENT -Criminal Investigations SOP 18.01
explain if necessary, each provision of the fully and accurately recorded on the proper
Miranda Rights to ensure the subject report form.
comprehends what was said. t iarrested members will
3. The officer will request the subject sign
the rights card to acknowledge that he or
she understood the Miranda Rights.
E. Whenever a victim, witness, suspect, or
arrestee is brought to the police station for an
interview by a member, the member may use
areas within the police station to conduct the
interview.
1. A suspect or arrested person will be
interviewed for reasonable periods of time
including breaks for nourishment and
personal needs.
2. A suspect or arrested person will not be
left unattended or unsecured within the
police department while conducting an
interview.
F. Determine if a Computer Voice Stress
Analyzer (CVSA) would be beneficial under the
circumstances. The use of a CVSA will be
governed in accordance with SOP.
G. The following techniques may be use to elicit
information from the suspect or witness:
1. Establish rapport with the suspect or
witness.
2. Empathize and/or sympathize with the
suspect or witness.
3. Point out the existence of evidence or
witnesses that tie the suspect to the crime.
4. Minimize the seriousness of the crime.
5. Point out the futility of not telling the truth.
6. Any other lawfully accepted technique
which may cause the suspect or witness to
tell the truth regarding his knowledge of the
matter being investigated.
H. Investigating officers are encouraged to use
the departments audio taping capabilities for the
purpose of recording statements and
confessions in a manner consistent with state
law.
Vill. POST ARREST PROCEDURES:
B. Once the suspec s ,
prepare the necessary paperwork and file the
case with the State Attorney's Office.
1. After filing, and when an Assistant. State
Attorney has been assigned the
prosecution, the member will offer any
assistance necessary for a successful
prosecution.
2. Members will assist the State Attorney's
Office with trial case preparation, i.e., crime
scene photographs, displays, etc.
C. Prior to submitting the case to the State
Attorney's Office for filing, the investigator will
check to see if the arrested person(s) fits the
Trigger Lock Career Criminal Criteria and if so
notify the Bureau of Alcohol, Tobacco, and
Firearms (A.T.F.) of the U.S. Treasury
Department.
D. If there are co-defendants, the investigator(s)
will thoroughly investigate their involvement and
determine if probable cause exists to
apprehend the suspect(s).
E. If the suspect indicates involvement in other
crimes in other jurisdictions, the investigator(s)
will notify the proper law enforcement agency.
F. Based on individual circumstances,
investigator(s) may determine that the suspect
can be used in the future as a confidential
informant. Applicable guidelines concerning the
use of confidential informants will be in
accordance with SOP.
G. When necessary, a search warrant may be
needed, or a lawfully obtained consent to
search, to legally recover items of evidentiary
value or stolen property.
H. Every effort will be made to return stolen
property to the rightful owner.
IX. VICTIM NOTIFICATION:
A. On those cases assigned to an investigator,
victims of reported crimes will be contacted
informing them of the status of the case within 5
working days.
B. Notification will be made when any of the
following occur:
1. An arrest has been made; or
A. All reports written about an incident will be
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GULF STREAM POLICE DEPARTMENT -Criminal Investigations SOP# 18.01
2. Property has been recovered.
C. This notification may be done in person, by
telephone, or by mail. A supplement report will
be written to indicate the date and the time the
notification was attempted or made and the
name of the person notified.
D. The investigator(s) supplemental report will
indicate the disposition and status of any
property or evidence in the custody of the
Department.
E. The Evidence Custodian will be notified in the
form of a copy of the State Attorney's Office
disposition letter once a case is disposed of so
proper evidence disposal can be accomplished.
X. CASE FILES:
A. The types of records to be maintained by
investigators will include preliminary
investigation reports, statements, supplemental
reports, field interrogation cards and any other
information pertaining to the assigned case.
Original case documents will be filed with the
Administrative/Records Division and
investigations will operate off of copies.
B. Accessibility to the investigator's case files
will be authorized by the supervisor for the
officers with the need to know or for those who
may benefit from such case files. Original
reports will be available through the
Administrative/Records Division.
F. Physical evidence and the original
Evidence/Property Card will be maintained by
the Evidence Custodian.
G. The purging of original case files,
supplements and pertinent information will be in
accordance with applicable existing state law.
Copies of records and copies of pertinent case
documents may be maintained by the assigned
detective at his or her discretion and in
compliance with public record law.
XI. CRIMINAL INVESTIGATIONS INVOLVING
MEMBERS
A. When a criminal investigation, within the
Town of Gulf Stream involves a member as a
suspect or when a member is developed as a
suspect, the criminal investigation will be
conducted by another agency.
1. Officer(s) will respond and take
necessary action to prevent injury or
property damage. This may include arrest
of a member.
2. The supervisor will be notified and
respond to the scene.
3. The Chief of Police has designated that
the Palm Beach Sheriffs Office will handle
criminal investigations involving members.
4. The department may conduct an
administrative investigation of any criminal
incident involving a member
C. Each officer will control and maintain his or
her case files for all open assigned cases. XII. REFERENCE:
D. Cases will be designated as closed by arrest,
exceptionally cleared, inactive, or unfounded
and all supplemental reports will be forwarded
to the Administrative/Records Division via the
appropriate supervisor.
E. The officer's supervisor may review a
officer's case file when the investigator is
unavailable.
Original issue: 07/01/07
• SOP # 2.03 Arrest Procedures.
• SOP # 4.01 Use of Force.
• SOP # 17.04 Supervisor Notification.
• SOP # 18.02 Informants.
• SOP # 18.04 Search Warrants.
• SOP # 35.01 Crime Scene Investigation and
Evidence Collection.
• SOP # 36.01 Property and Evidence
Management.
• FSS Chapter 119, Public Record
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Garrett J. Ward, Chief of Police
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