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HomeMy Public PortalAbout20200622plCC7701-32 DOCUMENTS IN THIS PACKET INCLUDE: LETTERS FROM CITIZENS TO THE MAYOR OR CITY COUNCIL RESPONSES FROM STAFF TO LETTERS FROM CITIZENS ITEMS FROM MAYOR AND COUNCIL MEMBERS ITEMS FROM OTHER COMMITTEES AND AGENCIES ITEMS FROM CITY, COUNTY, STATE, AND REGIONAL AGENCIES Prepared for: 06/22/2020 Document dates: 6/3/2020 – 6/10/2020 Set 7 of 12 Note: Documents for every category may not have been received for packet reproduction in a given week. Palo Alto Police Department Policy Manual Terrorism Liaison Officer Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Terrorism Liaison Officer - 421 that information to the rest of the Department as appropriate after receiving approval from the TLO- C or the TLO Manager. The information shared, including information deemed “Unclassified//For Official Use Only” shall not be discarded in the trash, given to the media or posted or placed on uncontrolled websites. Any questions regarding the dissemination of information shall be referred to the TLOs. 471.6 FIELD OPERATIONS Department personnel observing activities, actions, persons, transactions, equipment, paraphernalia or propaganda, which in their opinion is suspicious in nature and may have a terrorism nexus should report it to a Palo Alto Police Department TLO or TLO-C within a timely basis. Examples of suspicious and actionable information may include, but are not limited to: Suspicious fire, jihadist materials, chemical stockpiles, shadow business occupancies, burns from chemicals, theft of official vehicles, radiation burns, theft of uniforms/equipment, explosions, smuggling operations, targeted vandalism, detailed plans of critical infrastructure, violent anti- government propaganda, illogical explanation of injuries,, surveillance activities and defensive/ evasive communication and possibly hate related crimes. Since there may be a justifiable and legitimate explanation for each of these activities, none of these observations independently signify that the subject(s) are involved in terrorism related activity. However, the information may be part of a larger set of indicators pointing to a terrorism nexus. Generally, after being notified of suspicious activity, a Palo Alto Police Department TLO will notify the TLO-C who will approve further reporting to the NCRIC if applicable. The TLO-C will ensure the ISD Manager, OES, and any other pertinent staff are alerted to the situation if warranted. Depending on the nature of the information observed, a field investigation may be warranted. Any field investigation will be coordinated through NCRIC and the Palo Alto Police Department. Absent exigent circumstances, no member of this Department should report a situation possibly related to terrorist activity to the fusion center or the FBI without approval from the TLO-C. Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Traffic Operations - 422 Chapter 5 - Traffic Operations Policy 500 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Traffic Function and Responsibility - 423 Traffic Function and Responsibility 500.1 PURPOSE AND SCOPE The ultimate goal of traffic law enforcement is to reduce traffic collisions. This may be achieved through the application of such techniques as geographic/temporal assignment of personnel and equipment and the establishment of preventive patrols to deal with specific categories of unlawful driving behavior. Traffic enforcement techniques are based on accident data, enforcement activity records, traffic volume, and traffic conditions. This department provides enforcement efforts toward violations, not only in proportion to the frequency of their occurrence in accident situations, but also in terms of traffic-related needs. 500.2 TRAFFIC OFFICER DEPLOYMENT Several factors are considered in the development of deployment schedules for officers of the Palo Alto Police Department. Information provided by the California Statewide Integrated Traffic Reporting System (SWITRS) is a valuable resource for traffic accident occurrences and therefore officer deployment. Some of the factors for analysis include: •Location •Time •Day •Violation factors All officers assigned to patrol or traffic enforcement functions will emphasize enforcement of accident causing violations during high accident hours and at locations of occurrence. All officers will take directed enforcement action on request, and random enforcement action when appropriate against violators as a matter of routine. All officers shall maintain high visibility while working general enforcement, especially at high accident locations. Other factors to be considered for deployment are requests from the public, construction zones or special events. 500.3 ENFORCEMENT Enforcement actions are commensurate with applicable laws and take into account the degree and severity of the violation committed. This department does not establish ticket quotas and the number of arrests or citations issued by any officer shall not be used as the sole criterion for evaluating officer overall performance (Vehicle Code § 41603). The visibility and quality of an officer’s work effort will be commensurate with the philosophy of this policy. Several methods are effective in the reduction of collisions: Palo Alto Police Department Policy Manual Traffic Function and Responsibility Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Traffic Function and Responsibility - 424 500.3.1 WARNINGS Warnings or other non-punitive enforcement actions should be considered in each situation and substituted for arrests or citations when circumstances warrant, especially in the case of inadvertent violations. 500.3.2 CITATIONS Citations may be issued when an officer believes it is appropriate. It is essential that officers fully explain the rights and requirements imposed on motorists upon issuance of a citation for a traffic violation. Officers should provide the following information at a minimum: (a)Explanation of the violation or charge (b)Court appearance procedure including the optional or mandatory appearance by the motorist (c)Notice of whether the motorist can enter a plea and pay the fine by mail or at the court 500.3.3 PHYSICAL ARREST Physical arrest can be made on a number of criminal traffic offenses outlined in the Vehicle Code or Penal Code. These physical arrest cases usually deal with, but are not limited to: (a)Vehicular manslaughter (b)Felony and misdemeanor driving under the influence of alcohol/drugs (c)Felony or misdemeanor hit-and-run (d)Refusal to sign notice to appear (e)Any other misdemeanor at the discretion of the officer, such as reckless driving with extenuating circumstances 500.4 SUSPENDED OR REVOKED DRIVERS LICENSES If an officer contacts a traffic violator for driving on a suspended or revoked license, the officer may issue a traffic citation pursuant to Vehicle Code § 14601. If a computer check of a traffic violator's license status reveals a suspended or revoked driver license and the traffic violator still has his or her license in possession, the license shall be seized by the officer. The officer shall verbally advise the traffic violator of the suspension or revocation and issue the citation. The officer will be responsible for filling out the Verbal Notice form (DMV form DL-310) and causing that form and license to be forwarded to the Department of Motor Vehicles. 500.5 HIGH-VISIBILITY VESTS The Department has provided American National Standards Institute (ANSI) Class II high-visibility vests to increase the visibility of department members who may be exposed to hazards presented by passing traffic, maneuvering or operating vehicles, machinery and equipment (23 CFR 655.601; 8 CCR 1598). Palo Alto Police Department Policy Manual Traffic Function and Responsibility Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Traffic Function and Responsibility - 425 Although intended primarily for use while performing traffic related assignments, high-visibility vests should be worn at any time increased visibility would improve the safety or efficiency of the member. 500.5.1 REQUIRED USE Except when working in a potentially adversarial or confrontational role, such as during vehicle stops, high-visibility vests should be worn at any time it is anticipated that an employee will be exposed to the hazards of approaching traffic or construction and recovery equipment. Examples of when high-visibility vests should be worn include traffic control duties, accident investigations, lane closures and while at disaster scenes, or anytime high visibility is desirable. When emergency conditions preclude the immediate donning of the vest, officers should retrieve and wear the vest as soon as conditions reasonably permit. Use of the vests shall also be mandatory when directed by a supervisor. Vests maintained in the investigation units may be used any time a plainclothes officer might benefit from being readily identified as a member of law enforcement. 500.5.2 CARE AND STORAGE OF HIGH-VISIBILITY VESTS High-visibility vests shall be maintained in the trunk of each patrol and investigation unit, in the side box of each police motorcycle and in the saddlebag or gear bag of each police bicycle. Each vest should be stored inside the re-sealable plastic bag provided to protect and maintain the vest in a serviceable condition. Before going into service each employee shall ensure a serviceable high-visibility vest is properly stored. A supply of high-visibility vests will be maintained in the equipment room for replacement of damaged or unserviceable vests. The Personnel and Training Lieutenant should be promptly notified whenever the supply of vests in the equipment room needs replenishing. 500.6 POLICY ISSUE DATE Updated: 1-4-17 Policy 501 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Traffic Motorcycle Units - 426 Traffic Motorcycle Units 501.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines and responsibilities for those members of the Palo Alto Police Department Traffic Division assigned as Traffic Motorcycle Officers. 501.1.1 ENFORCEMENT Citations shall be issued in accordance with Policy Manual §500.3. In accordance with the Palo Alto Police Department's Community Policing philosophy, motor officers may work with specific community groups, individuals, outside agencies and other City divisions to identify problem traffic locations and problems. Motor officers will seek to find long term solutions to these problems. Specialized enforcement may be a component of these community policing solutions. 501.1.2 FREEWAYS Unless directed by a supervisor, motorcycle officers are discouraged from routinely patrolling freeways for the purpose of taking enforcement action. 501.2 TRAINING All personnel selected for a motorcycle assignment must successfully pass a Department approved pre-training program, graduate from a POST certified motorcycle academy, pass a Department approved field training program, and continually display the ability to safely operate a police motorcycle. Additionally, motorcycle officers must possess a valid class M driver's license throughout the duration of their assignment. The traffic team supervisor is responsible for ensuring that all motorcycle officers complete eight hours of quarterly training. Failure to meet the performance standards or any of the aforementioned training will result, at the discretion of the Field Services Division Captain, remedial training and/or reassignment within the Traffic Division or the Patrol Division. The traffic team supervisor will ensure that all pre-training, FTO training, and quarterly training is documented and that all training forms are submitted to the Personnel and Training Unit. 501.2.1 RECERTIFICATION Personnel that have left the motorcycle program for less than three years, will be evaluated by a POST certified motorcycle instructor and will be required to successfully pass a training plan authorized by the Field Services Division Captain. Personnel that have left the motorcycle program for a period greater than three years may be required to successfully complete the entire training program prior to re-assignment to the motor unit. 501.2.2 SAFETY Traffic officers will not operate a motorcycle without properly wearing an authorized helmet, high- top boots, gloves, non-mirrored sunglasses, and an authorized uniform. Palo Alto Police Department Policy Manual Traffic Motorcycle Units Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Traffic Motorcycle Units - 427 Motorcycle officers will not routinely drive on sidewalks or on unpaved surfaces unless required at a special event, during authorized training or unless directed by a traffic supervisor for a specific purpose and time period. Traffic officers may stop or park in red zones and other restricted areas while monitoring roadways for traffic violations if they do not create an unreasonable risk for the safety of the officer or the public. 501.3 UPKEEP AND MAINTENANCE In accordance with the guidelines of the Federal Fair Labor and Standards Act (FLSA); the Traffic Division Supervisor shall insure that each officer assigned a motorcycle is provided ample time on duty weekly to maintain his/her motorcycle in a clean, serviceable condition. Such on duty cleaning and maintenance time may be provided at the beginning or end of the shift at the discretion of the Traffic Division Supervisor. Overtime is not authorized for the maintenance and upkeep of motorcycles without prior supervisory approval in accordance with Policy Manual §1038. 501.3.1 RESPONSIBILITIES Each motorcycle officer is responsible for: (a)Daily check of tire wear and proper tire inflation; (b)Daily checks of lighting and emergency systems; (c)Adequate lubrication and routine servicing; (d)Weekly check of proper oil level in the transmission and oil reservoir; (e)Weekly cleaning of the motorcycle while on-duty; (f)Immediate notification to a traffic supervisor and City mechanic of any suspected mechanical or safety problem with the motorcycle; (g)Motorcycles shall not be modified from the original specifications and no parts or accessories will be removed, added, or changed, except for routine maintenance, without the written approval of the Traffic Lieutenant. Policy 502 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Traffic Collision Reporting - 428 Traffic Collision Reporting 502.1 PURPOSE AND SCOPE The Palo Alto Police Department prepares traffic collision reports in compliance with the California Highway Patrol Collision Investigation Manual (CIM) and as a public service makes traffic collision reports available to the community with some exceptions. 502.2 RESPONSIBILITY The Traffic Lieutenant will be responsible for distribution of the Collision Investigation Manual. The Traffic Lieutenant will receive all changes in the state manual and ensure conformity with this policy. 502.3 TRAFFIC COLLISION REPORTING It shall be the policy of the Palo Alto Police Department to respond to all collisions which occur in the City of Palo Alto, unless they fall under private property exemptions or meet the criteria for a counter report. Police personnel shall not attempt to discourage parties involved in collisions from making traffic collision reports. This policy designates the conditions for which collision documentation shall occur. When facts and circumstances are of such a substantive nature as to lead to a reasonable articulable basis for establishing a violation, a Notice to Appear under the authority of Vehicle Code §40600 may be issued. The provisions of the California Highway Patrol Collision Investigation Manual shall be utilized as a guide during the investigation of all traffic collisions that occur within the City of Palo Alto. 502.3.1 PROCEDURE Traffic Collisions which fall into the following categories will be documented as an "Investigation": (a)Fatality: A motor vehicle collision which results in the death of a person, on or off the highway; (b)Major Injury: A motor vehicle collision which results in severe injury, as defined by the CIM. A report may be taken at the discretion of the on-duty supervisor, when the injury does not require hospitalization; (c)Vehicle Code § 20001: An involved party is in violation of section 20001 of the California Vehicle Code; (d)Vehicle Code § 20002: An involved party is in violation of section 20002 of the California Vehicle Code and sufficient information is available to warrant follow-up and/ or prosecution. A minor damage 20002 may be documented as a Report (555) with prior supervisory approval; (e)When directed by a supervisor. Palo Alto Police Department Policy Manual Traffic Collision Reporting Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Traffic Collision Reporting - 429 502.3.2 INVESTIGATION FORMAT (CHP 556): Traffic Collisions completed under the above conditions shall be documented as an Investigation (CHP 556). The format to be used for Investigations shall be as follows: (a)Facts 1.Notification; 2.Scene; 3.Parties; 4.Physical Evidence; 5.Hit & Run (if applicable); 6.Hazardous Material (if applicable); 7.Other. (b)Statements (c)Opinions and Conclusions 1.Area of Impact (AOI); 2.Intoxication (if 909A not used); 3.Cause (d)Recommendation. 502.3.3 REPORTS (CHP 555) Traffic Collisions which fall into the following categories will be documented as a "Report": (a)Minor Injury: A motor vehicle collision which results in minor injury or complaint of pain; (b)Damage to Public Property: A motor vehicle collision which results in damage to State, County, or City property. A "Damage to City Property" report shall accompany any collision involving a City vehicle or City property; (c)Specific Vehicle Code Violations: A motor vehicle collision in which an involved party is in violation of Vehicle Code §§: 1.2800.1; 2.12500(a); 3.14601; 4.23103; 5.23109 and/or; 6.23152. Palo Alto Police Department Policy Manual Traffic Collision Reporting Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Traffic Collision Reporting - 430 (d)Major Vehicle Damage: A motor vehicle collision which results in major damage to any vehicle requiring the vehicle to be towed. This does not include damaged radiators or fenders bent onto tires. (e)Property Damage: All other property damage collisions, except those exceptions that are listed in this policy, will be documented as a "Report". (f)When directed by a supervisor. 502.3.4 REPORT FORMAT (CHP 555) Traffic Collisions completed under the above conditions shall be documented as a Standard Report (CHP 555). The format to be used for the Standard Report shall be as follows: (a)Summary: The officer should give his/her opinion of what took place, explaining how the collision occurred. This information should include: 1.The vehicle direction of travel, the lane of travel, and the approximate speed of the involved vehicles, etc.; 2.The action of the drivers that contributed to the collision; 3.The point of impact and a brief explanation of the supporting evidence. (b)Statements: When issuing a Notice of Violation or requesting a complaint; (c)Cause: The officer should explain why the collision occurred by indicating the driver responsible and the act and/or violation which caused the collision (primary collision factor); (d)Recommendation: This should be given when appropriate for requesting a complaint or issuing a Notice to Appear. 502.3.5 PROPERTY DAMAGE ONLY REPORT (EXCHANGE OF INFORMATION REPORT CHP 555-03) Form CHP 555-03 should be completed under the following circumstances: (a)Property Damage Only (PDO) collisions involving one or two vehicles, without injuries or fatalities, and no prosecution of an infraction, misdemeanor or felony is anticipated; (b)Form CHP 555-03 should not be used when the following conditions are present: 1.More than two vehicles are involved; 2.City vehicles or City property is involved; 3.Potential City liability exists; 4.Hazardous material spills are involved; 5.Hazardous mechanical violation(s) are identified as a contributing factor to the collision (i.e., defective brakes, inoperative brake lamps etc); Palo Alto Police Department Policy Manual Traffic Collision Reporting Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Traffic Collision Reporting - 431 6.A qualified Commercial Vehicle (as listed in Policy Manual §502.39) is involved; 7.Major vehicle damage to either vehicle, as defined in Policy Manual §502.39. 502.3.6 PROPERTY DAMAGE ONLY (PDO) REPORT FORMAT (a)A case number shall be obtained, the Primary Collision Factor should be determined, and the specific location and the directions of travel of the involved vehicles should be documented; (b)The insurance information should be obtained and noted on the report; (c)The report should be separated and copies should be provided to the involved parties; (d)The bottom portion of the report should be completed and a short narrative (Summary/ Cause) should be written of how the accident occurred on the back of page 1. No recommendation is to be made; This 555-03 report procedure will apply equally to adults and juveniles. 555-03 reports will not be sent to the Statewide Integrated Traffic Reporting System (SWITRS). Copies of the 555-03 serve as the driver's report for insurance purposes. Page 1 of all 555-03 reports will be maintained in the Police Department's Records Division for public access. 502.3.7 COUNTER REPORTS Reports will be taken at the counter when collisions involve parties who have left the scene but desire a police report. Civilian Police employees will obtain a case number from Communications and have the reporting parties fill out a Driver's Report of Traffic Collision. (a)A counter report will be taken if there is a violation of Vehicle Code § 20002 and there is insufficient information to warrant follow-up. (b)An officer will respond to the Police Counter and take a report (555/556) under the following conditions: 1.Hit and run reports where there is sufficient information for follow-up; 2.Traffic Collisions with injury or complaint of pain resulting at the time of the collision. (c)Civilian employees will not list a determination of fault per California Vehicle Code § 20015. 502.3.8 COMMERCIAL VEHICLES (a)Form CHP 555D will be filled out for each qualified vehicle and attached to a collision report when: 1.One or more qualified vehicles was involved, and; 2.One or more qualified injuries was sustained, or; Palo Alto Police Department Policy Manual Traffic Collision Reporting Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Traffic Collision Reporting - 432 3.One or more vehicles was towed from the scene, or; 4.One or more vehicles was provided assistance. (b)A qualified vehicle is defined as: 1.A vehicle with a GVWR (gross vehicle weight rating) of 10,001 pounds or more and has a DOT (Department of Transportation) number; 2.Any vehicle displaying a hazardous material placard; 3.Buses designed to carry more than 10 people, not including the driver. (c)A qualified injury is defined as: 1.Any injury severe enough for the injured person to require transportation from the scene for immediate medical attention, or a fatality. (d)Provided assistance is defined as: 1.Any assistance provided by Police, Fire, or Tow Company personnel to get the vehicle from the scene. This does not include assistance to change a flat tire. 502.4 REPORTING SITUATIONS 502.4.1 TRAFFIC COLLISIONS INVOLVING CITY VEHICLES Traffic collision investigation reports shall be taken when a City-owned vehicle is involved in a traffic collision upon a roadway or highway wherein any damage or injury results. A general information report may be taken in lieu of a traffic collision report (CHP 555 form) at the direction of a supervisor when the collision occurs on private property or does not involve another vehicle. Whenever there is damage to a City vehicle, a Vehicle Damage Report shall be completed and forwarded to the appropriate Division Captain. Photographs of the collision scene and vehicle damage shall be taken at the discretion of the traffic investigator or any supervisor. 502.4.2 TRAFFIC COLLISIONS WITH POLICE DEPARTMENT EMPLOYEES When an employee of this department, either on-duty or off-duty, is involved in a traffic collision within the jurisdiction of the City, the on-duty supervisor or watch commander should assign an uninvolved Palo Alto Police officer to take the report. In the event such collision involves a fatality, serious injury, or other extenuating circumstance, the patrol lieutenant may request that the California Highway Patrol or a neighboring agency investigate the collision. The term serious injury is defined as any injury that may result in a fatality. 502.4.3 TRAFFIC COLLISIONS WITH OTHER CITY EMPLOYEES OR OFFICIALS Palo Alto Police Department Policy Manual Traffic Collision Reporting Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Traffic Collision Reporting - 433 When a City official or employee, either on-duty or off-duty, is involved in a traffic collision within the jurisdiction of the City, the on-duty supervisor or watch commander should assign an uninvolved Palo Alto Police officer to take the report. In the event such collision involves a fatality, serious injury, or other extenuating circumstance, the patrol lieutenant may request that the California Highway Patrol or a neighboring agency investigate the collision. The term serious injury is defined as any injury that may result in a fatality. 502.4.4 TRAFFIC COLLISIONS ON PRIVATE PROPERTY Traffic Collisions occurring on private property shall be investigated as an "Investigation" as listed in Policy Manual § 502.33: (a)If there is a fatality or an injury which requires transportation to a hospital; (b)If there is a violation of Vehicle Code § 20001 and/or sufficient information is available to warrant follow-up and/or prosecution; Traffic collisions occurring on private property shall be investigated as a "Report" as listed in Policy Manual § 502.34; (a)If there is an injury not requiring transportation to a hospital; (b)All other private property collisions require no police report. 502.4.5 TRAFFIC COLLISIONS ON ROADWAYS OR HIGHWAYS Traffic collision reports shall be taken when they occur on a roadway or highway within the jurisdiction of this department under any of the following circumstances: (a)When there is a death or injury to any persons involved in the collision (b)When there is an identifiable violation of the Vehicle Code (c)When a report is requested by any involved driver 502.5 NOTIFICATION OF TRAFFIC BUREAU SUPERVISION In the event of a traffic collision involving a serious injury and/or death, the Watch Commander shall notify the Traffic Division Lieutenant, or in his or her absence, the Traffic Division Sergeant, to relate the circumstances of the traffic collision and seek assistance from the Traffic Division. In the absence of the Traffic Division Lieutenant, the Watch Commander or any supervisor may assign a Specialized Traffic Accident Reconstruction (STAR) Team member or motor officer to investigate the traffic collision. Palo Alto Police Department Policy Manual Traffic Collision Reporting Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Traffic Collision Reporting - 434 502.6 FATAL TRAFFIC COLLISION INVESTIGATION The investigation of fatal traffic collisions has become a complex and highly technical field. It is the desire of the Palo Alto Police Department to train officers in the investigation of traffic collisions and reconstruction so they can best determine the cause of collisions and provide expert evidence for prosecution when necessary. 502.6.1 POLICY It shall be the policy of the Palo Alto Police Department to insure quality investigation by training and maintaining the Specialized Traffic Accident Reconstruction (STAR) Team. The STAR Team may be called to aid in the investigation to determine the cause of a collision and make recommendations based upon their findings. The role of the STAR Team is to provide their expertise at the scene of a major traffic collision. They will act as a resource in the analysis, measurement, calculation of physical evidence needed to determine speed, area(s) of impact, and to give advice in investigative procedures. The team members shall diagram the scene and provide support to the investigation as directed by the scene supervisor. Unless relieved of responsibility, the patrol officer(s) shall maintain responsibility of the investigation with assistance from the STAR Team members. 502.6.2 TEAM COMPOSITION AND TRAINING The members of the STAR Team shall consist of one supervisor, and officers or agents who have successfully completed the required training. The Traffic Lieutenant will act as the coordinator for the team and will select a team supervisor. The length of service on the team will be determined by the Traffic Lieutenant. Each member shall attend the below listed training courses and maintain their expertise by quarterly training meetings: (a)Basic Investigation 40600 CVC course (40 hours); (b)Intermediate Accident Investigation (40 hours); (c)Advanced Accident Investigation (80 hours); (d)Reconstruction School (80 hours); 502.6.3 CALL-UP PROCEDURES (a)Roster: 1.Communications shall have a current roster of all STAR Team members, their addresses, home telephone numbers, and shift assignments. (b)Notification and Coordination: 1.The on-duty supervisor shall notify the STAR Team in cases of fatal or major injury collisions. The team may be used in the event of a collision of unusual circumstance, for example, City liability, or involved City personnel. Palo Alto Police Department Policy Manual Traffic Collision Reporting Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Traffic Collision Reporting - 435 (c)Call-up: Communications shall maintain a call-up list of the STAR Team members and at the direction of the on-duty supervisor, shall be responsible for calling members back to duty. On-duty members will be called via radio by the supervisor. 1.The STAR Team supervisor will be called to assign the required number of off- duty members; 2.The Field Services Division Captain shall always be apprised of the incident. 502.6.4 INVESTIGATION PROCEDURE (a)Field Services Division: The officer assigned to investigate the collision shall be responsible for immediately preserving the scene and notifying his/her supervisor. The officer shall write the collision report according to the traffic collision investigation policy; (b)STAR Team: Members shall respond and make a factual diagram and proceed with post collision follow-up. They will provide additional resources for the scene investigation and report to the scene supervisor. 502.7 OFFICER INVOLVED TRAFFIC COLLISIONS 502.7.1 PROCEDURE All officer involved traffic collisions will be reported immediately to the on-duty supervisor and watch commander. The involved officer shall, barring extenuating circumstances, remain at the scene of the collision pending the arrival of a supervisor. For collisions occurring within the jurisdiction of the City of Palo Alto, the on-duty supervisor or watch commander should assign an uninvolved Palo Alto Police Officer to take the report. In the event such collision involves a fatality, serious injury, or other extenuating circumstance, the patrol lieutenant may request that the California Highway Patrol or a neighboring agency investigate the collision. The term serious injury is defined as any injury that may result in a fatality. 502.7.2 INTERNAL INVESTIGATION Report of Property Damage/Loss - All traffic collisions involving City property shall be documented with the City of Palo Alto "Report of Property Damage/Loss" form. The on-duty supervisor will review the actions of the employee and determine if the collision was "preventable" or "non-preventable." Private Vehicles - When involved in a traffic collision with a private vehicle, it is necessary to complete a "Damage to City Property" form and obtain the involved parties insurance information. It is also necessary to obtain photographs of any and all damage to private property, private vehicles, and to City vehicles involved in these collisions to aid the City Risk Manager in their job. Supervisor Responsibilities - The investigating supervisor will write a memorandum to his/her manager indicating findings, the employee's collision history and recommended action to be taken with the employee. Palo Alto Police Department Policy Manual Traffic Collision Reporting Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Traffic Collision Reporting - 436 Corrective Action - If the traffic collision was preventable, the supervisor will determine if/when the employee had other preventable collisions in the past. A written reprimand or suspension from duty without pay (or more severe discipline) may be applicable in repetitive or serious cases. Personnel and Training Master File - Personnel and Training will maintain a master "Traffic Collisions" file. Copies of the traffic collision related documents will be routed to Personnel and Training via the respective Division Captain/Coordinator. Accidents will also be tracked via the IA PRO computer management system. Driving Instructor - A Department Driving Instructor will review the traffic collision investigation/ report in order to develop a training plan for the involved employee, if necessary. 502.8 POLICY UPDATES Updated 12/7/17 Policy 510 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Vehicle Towing and Release - 437 Vehicle Towing and Release 510.1 PURPOSE AND SCOPE This policy provides the procedures for towing a vehicle by or at the direction of the Palo Alto Police Department. Nothing in this policy shall require the Department to tow a vehicle. 510.2 STORAGE AND IMPOUNDS When circumstances permit, for example when towing a vehicle for parking or registration violations, the handling employee should, prior to having the vehicle towed, make a good faith effort to notify the owner of the vehicle that it is subject to removal. This may be accomplished by personal contact, telephone or by leaving a notice attached to the vehicle at least 24 hours prior to removal. If a vehicle presents a hazard, such as being abandoned on the roadway, it may be towed immediately. The responsibilities of those employees towing, storing or impounding a vehicle are listed below. 510.2.1 VEHICLE STORAGE REPORT Department members requesting towing, storage or impound of a vehicle shall complete CHP Form 180 and accurately record the mileage and a description of property within the vehicle (Vehicle Code § 22850). A copy of the storage report should to be given to the tow truck operator and the original shall be submitted to the Technical Services Division as soon as practicable after the vehicle is stored. 510.2.2 REMOVAL FROM TRAFFIC COLLISION SCENES When a vehicle has been involved in a traffic collision and must be removed from the scene, the officer shall have the driver select a towing company, if possible, and shall relay the request for the specified towing company to the dispatcher. When there is no preferred company requested, a company will be selected from the rotational list of towing companies in the Communications Center. If the owner is incapacitated, or for any reason it is necessary for the Department to assume responsibility for a vehicle involved in a collision, the officer shall request the dispatcher to call the official towing garage for the City of Palo Alto. The officer will then store the vehicle using a CHP Form 180. 510.2.3 STORAGE AT ARREST SCENES Whenever a person in charge or in control of a vehicle is arrested, it is the policy of this department to provide reasonable safekeeping by storing the arrestee's vehicle subject to the exceptions described below. The vehicle, however, shall be stored whenever it is needed for the furtherance of the investigation or prosecution of the case, or when the community caretaker doctrine would reasonably suggest that the vehicle should be stored (e.g., traffic hazard, high crime area). The vehicle should be towed pursuant Vehicle Code § 22651(h) if the vehicle is unlawfully parked, could pose a traffic hazard to other vehicles. A notation articulating your reason for the tow will Palo Alto Police Department Policy Manual Vehicle Towing and Release Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Vehicle Towing and Release - 438 be made on the CHP 180. The following are examples of situations where consideration should be given to leaving a vehicle at the scene in lieu of storing, provided the vehicle can be lawfully parked and left in a reasonably secured and safe condition: •Traffic related warrant arrest. •Situations where the vehicle was not used to further the offense for which the driver was arrested. •Whenever the licensed owner of the vehicle is present, willing, and able to take control of any vehicle not involved in criminal activity. •Whenever the vehicle otherwise does not need to be stored and the owner requests that it be left at the scene. In such cases the owner shall be informed that the Department will not be responsible for theft or damages. •The driver shall sign the Palo Alto Police Department waiver form, which will be included in any applicable reports. If the driver refuses to sign the waiver, a notation will be made in the arrest report. 510.2.4 IMPOUNDMENT AT SOBRIETY CHECKPOINTS Whenever a driver is stopped at a sobriety checkpoint and the only violation is that the operator is driving without a valid driver's license, the officer shall make a reasonable attempt to identify the registered owner of the vehicle (Vehicle Code § 2814.2). The officer shall release the vehicle to the registered owner if the person is a licensed driver, or to another licensed driver authorized by the registered owner, provided the vehicle is claimed prior to the conclusion of the checkpoint operation. If the vehicle is released at the checkpoint, the officer shall list on his/her copy of the notice to appear the name and driver's license number of the person to whom the vehicle is released. When a vehicle cannot be released at the checkpoint, it shall be towed (Vehicle Code § 22651(p)). When a vehicle is removed at the checkpoint, it shall be released during the normal business hours of the storage facility to the registered owner or his/her agent upon presentation of a valid driver's license and current vehicle registration. 510.2.5 DRIVING A NON-CITY VEHICLE Vehicles which have been towed by or at the direction of the Department should not be driven by police personnel unless it is necessary to move a vehicle a short distance to eliminate a hazard, prevent the obstruction of a fire hydrant or to comply with posted signs. 510.2.6 DISPATCHER'S RESPONSIBILITIES Upon receiving a request for towing, the dispatcher shall promptly telephone the specified authorized towing service. The officer shall be advised when the request has been made and the towing service has been dispatched. Palo Alto Police Department Policy Manual Vehicle Towing and Release Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Vehicle Towing and Release - 439 When there is no preferred company requested, the dispatcher shall call the next firm in rotation from the list of approved towing companies and shall make appropriate entries on that form to ensure the following firm is called on the next request. 510.2.7 TECHNICAL SERVICES DIVISION RESPONSIBILITY Records personnel shall promptly enter pertinent data from the completed storage form (CHP Form 180) into the Stolen Vehicle System and return the form to the Watch Commander for approval (Vehicle Code § 22651.5(b); Vehicle Code § 22851.3(b); Vehicle Code § 22854.5). Approved storage forms shall be promptly placed into the auto-file so that they are immediately available for release or review should inquiries be made. Within 48 hours, excluding weekends and holidays, of the storage of any such vehicle it shall be the responsibility of the Technical Services Division to determine the names and addresses of any individuals having an interest in the vehicle through DMV or CLETS computers. Notice shall be sent to all such individuals by first-class mail (Vehicle Code § 22851.3(d); Vehicle Code § 22852(a); Vehicle Code § 14602.6(a)(2)). The notice shall include the following (Vehicle Code § 22852(b)): (a)The name, address, and telephone number of this Department. (b)The location of the place of storage and description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage. (c)The authority and purpose for the removal of the vehicle. (d)A statement that, in order to receive their post-storage hearing, the owners, or their agents, shall request the hearing in person, writing, or by telephone within 10 days of the date appearing on the notice. 510.3 TOWING SERVICES The City of Palo Alto periodically selects a firm to act as the official tow service and awards a contract to that firm. This firm will be used in the following situations: (a)When it is necessary to safeguard a vehicle due to the inability of the owner or operator to take the required action. (b)When a vehicle is being held as evidence in connection with an investigation. (c)When it is otherwise necessary to store a motor vehicle. This would include situations involving the recovery of stolen or abandoned vehicles, and the removal from the streets of vehicles obstructing traffic in violation of state or local regulations. (d)When a citizen needs towing but has "no preference" as to which service to call Officers are specifically prohibited from directly or indirectly soliciting for or recommending any garage or tow service. Palo Alto Police Department Policy Manual Vehicle Towing and Release Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Vehicle Towing and Release - 440 Any complaint alleging a violation of the agreement or other conduct by a "no preference" operator shall be referred to the Police Department for investigation. The Department may periodically review the performance of each authorized "No Preference" operator. 510.4 VEHICLE INVENTORY All property in a stored or impounded vehicle shall be inventoried and listed on the CHP 180. This includes the trunk and any compartments or containers, even if closed and/or locked. Members conducting inventory searches should be as thorough and accurate as practical in preparing an itemized inventory. These inventory procedures are for the purpose of protecting an owner's property while in police custody, to provide for the safety of officers, and to protect the Department against fraudulent claims of lost, stolen, or damaged property. 510.5 SECURITY OF VEHICLES AND PROPERTY Unless it would cause an unreasonable delay in the completion of a vehicle impound/storage or create an issue of officer safety, officers should make reasonable accommodations to permit a driver/owner to retrieve small items of value or personal need (e.g., cash, jewelry, cell phone, prescriptions) which are not considered evidence or contraband. If a search of a vehicle leaves the vehicle or any property contained therein vulnerable to unauthorized entry, theft or damage, personnel conducting the search shall take such steps as are reasonably necessary to secure and/or preserve the vehicle or property from such hazards. 510.6 RELEASE OF VEHICLE The Department will maintain a listed, 24-hour telephone number to provide information regarding impoundment of vehicles and the right of the registered owner to request a storage hearing. Releases for towed vehicles will be made available during regular, non-emergency business hours (Vehicle Code § 14602.6). (a)Vehicles removed pursuant to Vehicle Code § 22850 shall be released after proof of current registration is provided by the owner or the person in control of the vehicle and after all applicable fees are paid (Vehicle Code § 22850.3 and Vehicle Code § 22850.5). (b)Vehicles removed that require payment of parking fines or proof of valid driver's license shall only be released upon presentation of proof of compliance, proof of payment, completion of affidavit and payment of applicable fees related to the removal (Vehicle Code § 22651 et seq., Vehicle Code § 22652 et seq., Vehicle Code § 22850.3 and Vehicle Code § 22850.5). (c)A vehicle removed pursuant to Vehicle Code § 14602.6(a) shall be released to the registered owner or his/her agent with proof of current registration, proof of a valid driver's license and applicable fees paid prior to the end of the 30-day impoundment period if the vehicle was stolen, if the driver reinstates his/her driver's license, if the Palo Alto Police Department Policy Manual Vehicle Towing and Release Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Vehicle Towing and Release - 441 driver acquires a license and proper insurance, or under other circumstances as set forth in Vehicle Code § 14602.6. Personnel whose duties include releasing towed vehicles should consult the Vehicle Code under which the vehicle was towed or impounded for any specific requirements prior to release. Employees who suspect that a vehicle was impounded in error should promptly advise a supervisor. Supervisors should approve, when appropriate, the release of the vehicle without requiring the registered owner or his/her agent to request a hearing, as described in the Vehicle Impound Hearings Policy. Policy 512 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Vehicle Impound Hearings - 442 Vehicle Impound Hearings 512.1 PURPOSE AND SCOPE This policy establishes a procedure for the requirement to provide vehicle storage or impound hearings pursuant to Vehicle Code § 22852. 512.2 STORED OR IMPOUND HEARING When a vehicle is stored or impounded by any member of the Palo Alto Police Department, a hearing will be conducted upon the request of the registered or legal owner of the vehicle or his/ her agent (Vehicle Code § 22650(a); Vehicle Code § 22852(a)). The hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The hearing officer must be a person other than the person who directed the storage or impound of the vehicle (Vehicle Code § 22852(c)). 512.2.1 HEARING PROCEDURES The vehicle storage hearing is an informal process to evaluate the validity of an order to store or impound a vehicle. The employee who caused the storage or removal of the vehicle does not need to be present for this hearing. All requests for a hearing on a stored or impounded vehicle shall be submitted in person, in writing or by telephone within 10 days of the date appearing on the notice (Vehicle Code § 22852(b)). A Sergeant or Agent will generally serve as the hearing officer. The person requesting the hearing may record the hearing at his/her own expense. The failure of either the registered or legal owner or interested person or his/her agent to request a hearing in a timely manner or to attend a scheduled hearing shall be considered a waiver of and satisfaction of the post-storage hearing requirement (Vehicle Code § 22851.3(e)(2); Vehicle Code § 22852(d)). Any relevant evidence may be submitted and reviewed by the hearing officer to determine if reasonable grounds have been established for the storage or impound of the vehicle. The initial burden of proof established by a preponderance of the evidence that the storage/impound was based on probable cause rests with the Department. After consideration of all information, the hearing officer shall determine the validity of the storage or impound of the vehicle in question and then render a decision. The hearing officer shall also consider any mitigating circumstances attendant to the storage that reasonably would warrant the release of the vehicle or a modification or reduction of the period the vehicle is impounded (Vehicle Code §14602.6(b); Vehicle Code § 14602.8(b)). Aside from those mitigating circumstances enumerated in the Vehicle Code, the registered owner's lack of actual knowledge that the driver to whom the vehicle was loaned was not validly licensed may constitute a mitigating circumstance under Vehicle Code § 14602.6(b) or 14602.8(b), warranting release of the vehicle. This mitigating circumstance exception is not limited to situations Palo Alto Police Department Policy Manual Vehicle Impound Hearings Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Vehicle Impound Hearings - 443 where the owner made a reasonable inquiry as to the licensed status of the driver before lending the vehicle. The legislative intent and this department’s policy is to prevent unlicensed driving pursuant to Vehicle Code §14602.6. If this purpose is not furthered by the continued impoundment of a vehicle, release is most often appropriate. (a)If a decision is made that reasonable grounds for storage or impound have been established, the hearing officer shall advise the inquiring party of the decision and that the inquiring party may pursue further civil remedies if desired. 1.If mitigating circumstances are found to be relevant, the hearing officer shall make reasonable adjustments to the impound period, storage or assessment of fees as warranted. (b)If a decision is made that reasonable grounds for storage or impound have not been established or sufficient mitigating circumstances exist, the vehicle in storage shall be released immediately. Towing and storage fees will be paid at the Department’s expense (Vehicle Code § 22852(e)). (c)If a decision is made that reasonable grounds for storage have not been established or sufficient mitigating circumstances exist, and the vehicle has been released with fees having been paid, the receipt for such fees will be forwarded with a letter to the appropriate Division Captain. The hearing officer will recommend to the appropriate Division Captain that the fees paid by the registered or legal owner of the vehicle in question or their agent be reimbursed by the Department. 512.3 POLICY ISSUE DATE 06-26-16 Policy 514 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Impaired Driving - 444 Impaired Driving 514.1 PURPOSE AND SCOPE This policy provides guidance to those [department/office] members who play a role in the detection and investigation of driving under the influence (DUI). 514.2 POLICY The Palo Alto Police Department is committed to the safety of the roadways and the community and will pursue fair but aggressive enforcement of California’s impaired driving laws. 514.3 INVESTIGATIONS Officers should not enforce DUI laws to the exclusion of their other duties unless specifically assigned to DUI enforcement. All officers are expected to enforce these laws with due diligence. 514.4 FIELD TESTS The Traffic Lieutenant should identify standardized FSTs and any approved alternate tests for officers to use when investigating violations of DUI laws. 514.5 CHEMICAL TESTS A person implies consent to a chemical test or tests, and to providing the associated chemical sample, under any of the following (Vehicle Code § 23612): (a)The person is arrested for driving a vehicle while under the influence, pursuant to Vehicle Code § 23152. (b)The person is under 21 years of age and is arrested by an officer having reasonable cause to believe that the person’s blood alcohol content is 0.05 or more (Vehicle Code § 23140). (c)The person is under 21 years of age and detained by an officer having reasonable cause to believe that the person was driving a vehicle while having a blood alcohol content of 0.01 or more (Vehicle Code § 23136). (d)The person was operating a vehicle while under the influence and proximately caused bodily injury to another person (Vehicle Code § 23153). If a person withdraws this implied consent, or is unable to withdraw consent (e.g., the person is unconscious), the officer should consider implied consent revoked and proceed as though the person has refused to provide a chemical sample. 514.5.1 CHOICE OF TESTS Officers shall respect a viable choice of chemical test made by an arrestee, as provided for by law (e.g., breath will not be acceptable for suspected narcotics influence). Palo Alto Police Department Policy Manual Impaired Driving Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Impaired Driving - 445 A person arrested for DUI has the choice of whether the test is of his/her blood or breath, and the officer shall advise the person that he/she has that choice. If the person arrested either is incapable, or states that he/she is incapable, of completing the chosen test, the person shall submit to the remaining test. If the person chooses to submit to a breath test and there is reasonable cause to believe that the person is under the influence of a drug or the combined influence of alcohol and any drug, the officer may also request that the person submit to a blood test. If the person is incapable of completing a blood test, the person shall submit to and complete a urine test (Vehicle Code § 23612(a)(2)(C)). 514.5.2 BREATH SAMPLES The Traffic Lieutenant should ensure that all devices used for the collection and analysis of breath samples are properly serviced and tested, and that a record of such service and testing is properly maintained. Officers obtaining a breath sample should monitor the device for any sign of malfunction. Any anomalies or equipment failures should be noted in the appropriate report and promptly reported to the Traffic Lieutenant. When the arrested person chooses a breath test, the handling officer shall advise the person that the breath-testing equipment does not retain a sample, and the person may, if desired, provide a blood or urine specimen, which will be retained to facilitate subsequent verification testing (Vehicle Code § 23614). The officer should also require the person to submit to a blood test if the officer has a clear indication that a blood test will reveal evidence of any drug or the combined influence of an alcoholic beverage and any drug. Evidence of the officer’s belief shall be included in the officer’s report (Vehicle Code § 23612(a)(2)(C)). 514.5.3 BLOOD SAMPLES Only persons authorized by law to draw blood shall collect blood samples (Vehicle Code § 23158). The blood draw should be witnessed by the assigned officer. No officer, even if properly certified, should perform this task. Officers should inform an arrestee that if he/she chooses to provide a blood sample, a separate sample can be collected for alternate testing. Unless medical personnel object, two samples should be collected and retained as evidence, so long as only one puncture is required. The blood sample shall be packaged, marked, handled, stored and transported as required by the testing facility. If an arrestee cannot submit to a blood draw because he/she has a bleeding disorder or has taken medication that inhibits coagulation, he/she shall not be required to take a blood test. Such inability to take a blood test should not be considered a refusal. However, that arrestee may be required to complete another available and viable test. Palo Alto Police Department Policy Manual Impaired Driving Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Impaired Driving - 446 514.5.4 514.5.5 STATUTORY NOTIFICATIONS Officers requesting that a person submit to chemical testing shall provide the person with the mandatory warning pursuant to Vehicle Code § 23612(a)(1)(D) and Vehicle Code § 23612(a)(4). 514.5.6 PRELIMINARY ALCOHOL SCREENING Officers may use a preliminary alcohol screening (PAS) test to assist in establishing reasonable cause to believe a person is DUI. The officer shall advise the person that the PAS test is being requested to assist in determining whether the person is under the influence of alcohol or drugs, or a combination of the two. Unless the person is under the age of 21, he/she shall be advised that the PAS test is voluntary. The officer shall also advise the person that submitting to a PAS test does not satisfy his/her obligation to submit to a chemical test as otherwise required by law (Vehicle Code § 23612). 514.5.7 PRELIMINARY ALCOHOL SCREENING FOR A PERSON UNDER AGE 21 If an officer lawfully detains a person under 21 years of age who is driving a motor vehicle and the officer has reasonable cause to believe that the person has a blood alcohol content of 0.01 or more, the officer shall request that the person take a PAS test to determine the presence of alcohol in the person, if a PAS test device is immediately available. If a PAS test device is not immediately available, the officer may request the person to submit to chemical testing of his/her blood, breath or urine, conducted pursuant to Vehicle Code § 23612 (Vehicle Code § 13388). If the person refuses to take or fails to complete the PAS test or other chemical test, or if the result of either test reveals a blood alcohol content of 0.01 or more, the officer shall proceed to serve the person with a notice of order of suspension pursuant to this policy (Vehicle Code § 13388). 514.6 REFUSALS When an arrestee refuses to provide a viable chemical sample, officers should: (a)Advise the arrestee of the requirement to provide a sample (Vehicle Code § 23612). (b)Audio- and/or video-record the admonishment when it is practicable. (c)Document the refusal in the appropriate report. 514.6.1 BLOOD SAMPLE WITHOUT CONSENT A blood sample may be obtained from a person who refuses a chemical test when any of the following conditions exist: (a)A search warrant has been obtained (Penal Code § 1524). (b)The officer can articulate that exigent circumstances exist. Exigency does not exist solely because of the short time period associated with the natural dissipation of alcohol or controlled or prohibited substances in the person’s bloodstream. Exigency Palo Alto Police Department Policy Manual Impaired Driving Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Impaired Driving - 447 can be established by the existence of special facts such as a lengthy time delay in obtaining a blood sample due to an accident investigation or medical treatment of the person. 514.6.2 FORCED BLOOD SAMPLE If an arrestee indicates by word or action that he/she will physically resist a blood draw, the officer should request a supervisor to respond. The responding supervisor should: (a)Evaluate whether using force to obtain a blood sample is appropriate under the circumstances. (b)Ensure that all attempts to obtain a blood sample through force cease if the person agrees to, and completes a viable form of testing in a timely manner. (c)Advise the person of his/her duty to provide a sample (even if this advisement was previously done by another officer) and attempt to persuade the individual to submit to such a sample without physical resistance. 1.This dialogue should be recorded on audio and/or video if practicable. (d)Ensure that the blood sample is taken in a medically approved manner. (e)Ensure the forced blood draw is recorded on audio and/or video when practicable. (f)Monitor and ensure that the type and level of force applied appears reasonable under the circumstances: 1.Unless otherwise provided in a warrant, force should generally be limited to handcuffing or similar restraint methods. 2.In misdemeanor cases, if the arrestee becomes violent or more resistant, no additional force will be used and a refusal should be noted in the report. 3.In felony cases, force which reasonably appears necessary to overcome the resistance to the blood draw may be permitted. (g)Ensure the use of force and methods used to accomplish the collection of the blood sample are documented in the related report. If a supervisor is unavailable, officers are expected to use sound judgment and perform as a responding supervisor, as set forth above. 514.6.3 STATUTORY NOTIFICATIONS UPON REFUSAL Upon refusal to submit to a chemical test as required by law, officers shall personally serve the notice of order of suspension upon the arrestee and take possession of any state-issued license to operate a motor vehicle that is held by that individual (Vehicle Code § 23612(e); Vehicle Code § 23612(f)). Palo Alto Police Department Policy Manual Impaired Driving Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Impaired Driving - 448 514.7 TECHNICAL SERVICES DIVISION RESPONSIBILITIES The Records Manager will ensure that all case-related records are transmitted according to current records procedures and as required by the prosecuting attorney’s office. 514.8 ADMINISTRATIVE HEARINGS The supervisor will ensure that all appropriate reports and documents related to administrative license suspensions are reviewed and forwarded to DMV. Officers called to testify at an administrative hearing should document the hearing date and DMV file number in a supplemental report. Specific details of the hearing generally should not be included in the report unless errors, additional evidence or witnesses are identified. The Technical Services Division should forward this to the Court Liaison as part of the case file. 514.9 TRAINING The Personnel and Training Lieutenant should ensure that officers participating in the enforcement of DUI laws receive regular training. Training should include, at minimum, current laws on impaired driving, investigative techniques and rules of evidence pertaining to DUI investigations. The Personnel and Training Lieutenant should confer with the prosecuting attorney’s office and update training topics as needed. 514.10 ARREST AND INVESTIGATION 514.10.1 WARRANTLESS ARREST In addition to the arrest authority granted to officers pursuant to Penal Code § 836, an officer may make a warrantless arrest of a person that the officer has reasonable cause to believe has been driving under the influence of an alcoholic beverage or any drug, or under the combined influence of the same when (Vehicle Code § 40300.5): (a)The person is involved in a traffic accident. (b)The person is observed in or about a vehicle that is obstructing the roadway. (c)The person will not be apprehended unless immediately arrested. (d)The person may cause injury to him/herself or damage property unless immediately arrested. (e)The person may destroy or conceal evidence of a crime unless immediately arrested. 514.10.2 OFFICER RESPONSIBILITIES The officer serving the arrested person with a notice of an order of suspension shall immediately (Vehicle Code § 23612): (a)Forward a copy of the completed notice of suspension or revocation form and any confiscated driver’s license to the Department of Motor Vehicles (DMV). (b)Forward a sworn report to DMV that contains the required information in Vehicle Code § 13380. Palo Alto Police Department Policy Manual Impaired Driving Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Impaired Driving - 449 (c)Forward the results to the appropriate forensic laboratory if the person submitted to a blood or urine test. 514.11 POLICY ISSUE DATE Updated: 1-4-17 Policy 516 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Traffic Citations - 450 Traffic Citations 516.1 PURPOSE AND SCOPE This policy outlines the responsibility for traffic citations, the procedure for dismissal, correction, and voiding of traffic citations. 516.2 RESPONSIBILITIES The Traffic Lieutenant shall be responsible for the development and design of all [Department/ Office] traffic citations in compliance with state law and the Judicial Council. The Technical Services Division shall be responsible for the supply and accounting of all traffic citations issued to employees of this [department/office]. 516.3 DISMISSAL OF TRAFFIC CITATIONS It is the policy of the Department for officers to not dismiss traffic citations without a valid reason. The only valid reason is when the citation has been written in error. If the officer has a valid reason to dismiss a citation, he/she should do the following: (a)Complete the dismissal of citation portion of the Traffic Court Notification Form; (b)Obtain his/her supervisor's approval and signature on the form; (c)The citation dismissal shall then be forwarded to the Field Services Division Captain for review (d)The Traffic Court Notification Form should be returned to the Court Liaison Officer as soon as possible. Should an officer determine during a court proceeding that a traffic citation should be dismissed in the interest of justice or where prosecution is deemed inappropriate, the officer may request the court to dismiss the citation. Upon dismissal of the traffic citation by the court, the officer shall notify his/her immediate supervisor of the circumstances surrounding the dismissal and shall complete any paperwork as directed or required. 516.4 VOIDING TRAFFIC CITATIONS Voiding a traffic citation may occur when a traffic citation has not been completed or where it is completed, but not issued. All copies of the citation shall be presented to a supervisor to approve the voiding of the citation. The citation and copies shall then be forwarded to the Traffic Division Supervisor. 516.5 CORRECTION OF TRAFFIC CITATIONS When a traffic citation is issued and in need of correction, the officer issuing the citation shall submit the citation and a letter requesting a specific correction to his/her immediate supervisor. The citation and letter shall then be forwarded to the Court Liaison Officer. The Court Liaison Palo Alto Police Department Policy Manual Traffic Citations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Traffic Citations - 451 Officer shall prepare a letter of correction to the court having jurisdiction and to the recipient of the citation. 516.6 DISPOSITION OF TRAFFIC CITATIONS The court and file copies of all traffic citations issued by members of this [department/office] shall be forwarded to the employee’s immediate supervisor for review. The citation copies shall then be filed with the Technical Services Division. Upon separation from employment with this [department/office], all employees issued traffic citation books shall return any unused citations to the Technical Services Division. 516.7 NOTICE OF PARKING VIOLATION APPEAL PROCEDURE Disposition of notice of parking violation appeals is conducted pursuant to Vehicle Code § 40215. 516.7.1 APPEAL STAGES Appeals may be pursued sequentially at three different levels (Vehicle Code § 40215; Vehicle Code § 40230): (a)Administrative reviews are conducted by the Traffic Division or designeewho will review written/documentary data. Requests for administrative reviews are available at the front desk or Traffic Bureau of the Palo Alto Police Department. These requests are informal written statements outlining why the notice of parking violation should be dismissed. Copies of documentation relating to the notice of parking violation and the request for dismissal must be mailed to the current mailing address of the processing agency. (b)If the appellant wishes to pursue the matter beyond administrative review, an administrative hearing may be conducted in person or by written application, at the election of the appellant. Independent referees review the existent administrative file, amendments, and/or testimonial material provided by the appellant and may conduct further investigation or follow-up on their own. (c)If the appellant wishes to pursue the matter beyond an administrative hearing, a Superior Court review may be presented in person by the appellant after an application for review and designated filing fees have been paid to the Superior Court of California. 516.7.2 TIME REQUIREMENTS Administrative review or appearance before a hearing examiner will not be provided if the mandated time limits are not adhered to by the violator. (a)Requests for an administrative review must be postmarked within 21 calendar days of issuance of the notice of parking violation, or within 14 calendar days of the mailing of the Notice of Delinquent Parking Violation (Vehicle Code § 40215(a)). (b)Requests for administrative hearings must be made no later than 21 calendar days following the notification mailing of the results of the administrative review (Vehicle Code § 40215(b)). Palo Alto Police Department Policy Manual Traffic Citations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Traffic Citations - 452 (c)An administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to Vehicle Code § 40200 - 40225. The person requesting the hearing may request one continuance, not to exceed 21 calendar days (Vehicle Code § 40215). (d)Registered owners of vehicles may transfer responsibility for the violation via timely affidavit of non-liability when the vehicle has been transferred, rented or under certain other circumstances (Vehicle Code § 40209; Vehicle Code § 40210). 516.7.3 COSTS (a)There is no cost for an administrative review. (b)Appellants must deposit the full amount due for the citation before receiving an administrative hearing, unless the person is indigent, as defined in Vehicle Code § 40220, and provides satisfactory proof of inability to pay (Vehicle Code § 40215). (c)An appeal through Superior Court requires prior payment of filing costs, including applicable court charges and fees. These costs will be reimbursed to the appellant in addition to any previously paid fines if appellant's liability is overruled by the Superior Court. 516.8 JUVENILE CITATIONS The Records Unit will process all juvenile traffic citations. The Records Unit will retain the pink copy and the white copy of the citation will be forwarded to the Court Liaison Officer. The Court Liaison Officer will track all juvenile citations that are sent to the juvenile court. 516.8.1 JUVENILE BICYCLE CITATIONS The Records Unit will also process juvenile bicycle citations. The Records Unit will check the Records Management System to see if the citation is the juvenile's first violation. If it is the juvenile's first offense, the Records Unit will forward a copy of the original citation to the Traffic Division Secretary. All first offense juvenile bicycle violators will be eligible for the Fire Department's Bicycle Safety Course. The Traffic Division Secretary is responsible for tracking all citations that have been deferred to the Fire Department on a computerized database. The date the citation was issued and the date the citation was forwarded to the Fire Department will be noted along with the citation number and the juvenile's last name and first initial. The Traffic Division Secretary will forward all (first offense) juvenile bicycle citations to the Fire Department's Bicycle Safety Coordinator for disposition. The Traffic Division Secretary will also mail a letter to the juvenile violator advising him/her that the citation was forwarded to the Fire Department. The Fire Department's Bicycle Safety Coordinator will advise the Traffic Division Secretary when a class was held and provide a list of the juveniles that attended the course. The Traffic Division Secretary's computerized database will be updated to indicate that the juvenile completed the course. The Traffic Division Secretary will then forward the information to the Records Unit so that RMS can be updated with the date the juvenile attended the class. Palo Alto Police Department Policy Manual Traffic Citations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Traffic Citations - 453 A juvenile is only eligible to attend the Bicycle Safety Course once within a year's period. Any citation received for the same juvenile within this time period will be forwarded to juvenile court by the Court Liaison Officer. 516.9 REFUSAL TO SIGN TRAFFIC CITATION When a violator refuses to sign the notice to appear, a supervisor shall be called to the location of the stop to assist in obtaining the violator's signature. If the violator continues to refuse to sign the notice to appear, or demands to be taken before a magistrate, he/she will be taken into custody. Persons taken into custody under the authority of Vehicle Code § 40302(b)-refusal to sign citation, shall be afforded every opportunity permitted by law to sign the notice to appear and secure release. If at anytime during the course of the incident, but prior to the booking process the violator reconsiders and requests to sign the notice to appear, he/she shall be permitted to do so and shall be transported back to the location of the stop. If the arrest occurs during court hours, the violator shall be taken to the North County clerk's office where an immediate appearance before a magistrate shall be arranged. The clerk's office shall be notified, by phone, prior to the officer's arrival. The violator may elect to post bail at the clerk's office, in lieu of an appearance before a magistrate. If the arrest occurs outside of normal court hours, the violator shall be transported without delay to jail. Once the booking has begun, the violator is in the custody of the Santa Clara County Department of Corrections and can no longer be released by the arresting officer. Under special circumstances (i.e. elderly, confused, disoriented or sick persons), the supervisor may direct the officer to release the violator and request a complaint to be filed. This should occur if a physical arrest would result in unnecessary alienation or injury to the violator and incarceration would serve no other useful purpose. Policy 520 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Disabled Vehicles - 454 Disabled Vehicles 520.1 PURPOSE AND SCOPE Vehicle Code § 20018 provides that all law enforcement agencies having responsibility for traffic enforcement may develop and adopt a written policy to provide assistance to motorists in disabled vehicles within their primary jurisdiction. 520.2 OFFICER RESPONSIBILITY When an on-duty officer observes a disabled vehicle on the roadway, the officer should make a reasonable effort to provide assistance. If that officer is assigned to a call of higher priority, the dispatcher should be advised of the location of the disabled vehicle and the need for assistance. The dispatcher should then assign another available officer to respond for assistance as soon as practical. 520.3 EXTENT OF ASSISTANCE In most cases, a disabled motorist will require assistance. After arrangements for assistance are made, continued involvement by department personnel will be contingent on the time of day, the location, the availability of departmental resources, and the vulnerability of the disabled motorist. 520.3.1 MECHANICAL REPAIRS Department personnel shall not make mechanical repairs to a disabled vehicle. The use of push bumpers to relocate vehicles to a position of safety is not considered a mechanical repair. 520.3.2 RELOCATION OF DISABLED VEHICLES The relocation of disabled vehicles by members of this department by pushing or pulling a vehicle should only occur when the conditions reasonably indicate that immediate movement is necessary to reduce a hazard presented by the disabled vehicle. 520.3.3 RELOCATION OF DISABLED MOTORIST The relocation of a disabled motorist should only occur with the person’s consent and should be suggested when conditions reasonably indicate that immediate movement is necessary to mitigate a potential hazard. The department member may stay with the disabled motorist or transport him/ her to a safe area to await pickup. 520.4 PUBLIC ACCESS TO THIS POLICY This written policy is available upon request. Policy 524 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department 72-Hour Parking Violations - 455 72-Hour Parking Violations 524.1 PURPOSE AND SCOPE This policy provides procedures for the marking, recording, and storage of vehicles parked in violation of the Ordinance regulating 72-hour parking violations and abandoned vehicles under the authority of Vehicle Code § 22652.6 and 22669, and Palo Alto Municipal Code §10.36.030. 524.2 MARKING VEHICLES Vehicles suspected of being in violation of the City of Palo Alto 72-Hour Parking Ordinance shall be marked and noted on the Palo Alto Police Department Marked Vehicle Card. No case number is required at this time. A visible chalk mark should be placed on the left rear tire tread at the fender level unless missing tires or other vehicle conditions prevent marking. Any deviation in markings shall be noted on the Marked Vehicle Card. The investigating employee should make a good faith effort to notify the owner of any vehicle subject to towing prior to having the vehicle removed. This may be accomplished by personal contact, telephone or by leaving notice attached to the vehicle at least 24 hours prior to removal. All Marked Vehicle Cards shall be submitted to the Traffic Bureau for computer data entry. If a marked vehicle has been moved or the markings have been removed during a 72-hour investigation period, the vehicle shall be marked again for the 72-hour parking violation and a Marked Vehicle Card completed and forwarded to the Traffic Bureau. Parking citations for the 72-hour parking ordinance can be issued when the vehicle is stored for the 72-hour parking violation. 524.2.1 MARKED VEHICLE FILE The Traffic Division shall be responsible for maintaining a file for all Abandoned Vehicle Forms. Parking control officers assigned to the Traffic Division shall be responsible for the follow up investigation of all 72-hour parking violations noted on the Abandoned Vehicle Forms. 524.2.2 VEHICLE STORAGE Any vehicle in violation shall be stored by the authorized towing service and a vehicle storage report (CHP form 180) shall be completed by the officer authorizing the storage of the vehicle. The storage report form shall be submitted to the Technical Services Division immediately following the storage of the vehicle. It shall be the responsibility of the Technical Services Division to immediately notify the Stolen Vehicle System (SVS) of the Department of Justice in Sacramento ( Vehicle Code § 22851.3(b)). Notification may also be made to the National Law Enforcement Telecommunications System (NLETS)(Vehicle Code § 22854.5). Within 48 hours of the storage of any such vehicle, excluding weekends and holidays, it shall be the responsibility of the Technical Services Division to determine the names and addresses of any Palo Alto Police Department Policy Manual 72-Hour Parking Violations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department 72-Hour Parking Violations - 456 individuals having an interest in the vehicle through DMV or CLETS computers. Notice to all such individuals shall be sent first-class or certified mail pursuant to Vehicle Code § 22851.3(d). 524.3 VEHICLE DISPOSAL If, after 15 days from the notification, the vehicle remains unclaimed and the towing and storage fees have not been paid, and if no request for a post storage hearing has been made, the Department may provide the lien holder storing the vehicle with authorization on an approved DMV form to dispose of any vehicle which the lien holder has determined has an estimated value of $500 or less (Vehicle Code § 22851.3(h)). Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Investigation Operations - 457 Chapter 6 - Investigation Operations Policy 602 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Sexual Assault Investigations - 464 Sexual Assault Investigations 602.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the investigation of sexual assaults. These guidelines will address some of the unique aspects of such cases and the effects that these crimes have on the victims. Mandatory notifications requirements are addressed in the Child Abuse and Adult Abuse policies. Palo Alto Police Procedure Manual: 101.1 Child Abuse County Protocol Palo Alto Police Procedure Manual: 103.1 Elder and Dependent Adult 2010 County Protocol 602.1.1 DEFINITIONS Definitions related to this policy include: Sexual assault - Any crime or attempted crime of a sexual nature, to include, but not limited to, offenses defined in Penal Code § 243.4, Penal Code § 261 et seq., and Penal Code § 285 et seq. Sexual Assault Response Team (SART) - A multidisciplinary team generally comprised of advocates; law enforcement officers; forensic medical examiners, including sexual assault forensic examiners (SAFEs) or sexual assault nurse examiners (SANEs) if possible; forensic laboratory personnel; and prosecutors. The team is designed to coordinate a broad response to sexual assault victims. 602.2 POLICY It is the policy of the Palo Alto Police Department that its members, when responding to reports of sexual assaults, will strive to minimize the trauma experienced by the victims, and will aggressively investigate sexual assaults, pursue expeditious apprehension and conviction of perpetrators, and protect the safety of the victims and the community. 602.3 TRAINING Subject to available resources, periodic training will be provided to: (a)Members who are first responders. Training should include: 1.Initial response to sexual assaults. 2.Legal issues. 3.Victim advocacy. 4.Victim’s response to trauma. (b)Qualified investigators who should receive advanced training on additional topics. Advanced training should include: 1.Interviewing sexual assault victims. 2.SART. Palo Alto Police Department Policy Manual Sexual Assault Investigations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Sexual Assault Investigations - 465 3.Medical and legal aspects of sexual assault investigations. 4.Serial crimes investigations. 5.Use of community and other federal and state investigative resources, such as the Violent Criminal Apprehension Program (ViCAP). 6.Techniques for communicating with victims to minimize trauma. 602.4 REPORTING In all reported or suspected cases of sexual assault, a report should be written and assigned for follow-up investigation. This includes incidents in which the allegations appear unfounded or unsubstantiated. 602.5 QUALIFIED INVESTIGATORS Qualified investigators should be available for assignment of sexual assault investigations. These investigators should: (a)Have specialized training in, and be familiar with, interview techniques and the medical and legal issues that are specific to sexual assault investigations. (b)Conduct follow-up interviews and investigation. (c)Present appropriate cases of alleged sexual assault to the prosecutor for review. (d)Coordinate with other enforcement agencies, social service agencies and medical personnel as needed. (e)Provide referrals to therapy services, victim advocates and support for the victim. (f)Participate in or coordinate with SART. 602.6 RELEASING INFORMATION TO THE PUBLIC In cases where the perpetrator is not known to the victim, and especially if there are multiple crimes where more than one appear to be related, consideration should be given to releasing information to the public whenever there is a reasonable likelihood that doing so may result in developing helpful investigative leads. The Investigative Services supervisor should weigh the risk of alerting the suspect to the investigation with the need to protect the victim and the public, and to prevent more crimes. 602.7 VICTIM INTERVIEWS The primary considerations in sexual assault investigations, which begin with the initial call to the Communications Center, should be the health and safety of the victim, the preservation of evidence, and preliminary interviews to determine if a crime has been committed and to attempt to identify the suspect. Whenever possible, a member of SART should be included in the initial victim interviews. An in-depth follow-up interview should not be conducted until after the medical and forensic Palo Alto Police Department Policy Manual Sexual Assault Investigations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Sexual Assault Investigations - 466 examinations are completed and the personal needs of the victim have been met (e.g., change of clothes, bathing). The follow-up interview may be delayed to the following day based upon the circumstances. Whenever practicable, the follow-up interview should be conducted by a qualified investigator. No opinion of whether the case is unfounded shall be included in the report. Victims shall not be asked or required to take a polygraph examination (34 USC § 10451; Penal Code § 637.4). Victims should be apprised of applicable victim’s rights provisions, as outlined in the Victim and Witness Assistance Policy. 602.7.1 VICTIM RIGHTS Whenever there is an alleged sexual assault, the assigned officer shall accomplish the following: (a)Advise the victim in writing of the right to have a victim advocate and a support person of the victim's choosing present at any interview or contact by law enforcement, any other rights of a sexual assault victim pursuant to Penal Code § 680.2 and the right to have a person of the same or opposite gender present in the room during any interview with a law enforcement official unless no such person is reasonably available (Penal Code § 679.04). (b)If the victim is transported to a hospital for any medical evidentiary or physical examination, the officer shall immediately cause the local rape victim counseling center to be notified (Penal Code § 264.2). 1.The officer shall not discourage a victim from receiving a medical evidentiary or physical examination (Penal Code § 697.04). 2.A support person may be excluded from the examination by the officer or the medical provider if his/her presence would be detrimental to the purpose of the examination (Penal Code § 264.2). 602.7.2 VICTIM CONFIDENTIALITY Officers investigating or receiving a report of an alleged sex offense shall inform the victim, or the victim’s parent or guardian if the victim is a minor, that his/her name will become a matter of public record unless the victim requests that his/her name not be made public. The reporting officer shall document in his/her report that the victim was properly informed and shall include any related response made by the victim, or if a minor, any response made by the victim’s parent or guardian (Penal Code § 293). Except as authorized by law, members of this [department/office] shall not publicly disclose the name of any victim of a sex crime who has exercised his/her right to confidentiality (Penal Code § 293). 602.8 COLLECTION AND TESTING OF BIOLOGICAL EVIDENCE Whenever possible, a SART member should be involved in the collection of forensic evidence from the victim. Palo Alto Police Department Policy Manual Sexual Assault Investigations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Sexual Assault Investigations - 467 When the facts of the case indicate that collection of biological evidence is warranted, it should be collected regardless of how much time has elapsed since the reported assault. If a drug-facilitated sexual assault is suspected, urine and blood samples should be collected from the victim as soon as practicable. Subject to requirements set forth in this policy, biological evidence from all sexual assault cases, including cases where the suspect is known by the victim, should be submitted for testing. Victims who choose not to assist with an investigation, do not desire that the matter be investigated or wish to remain anonymous may still consent to the collection of evidence under their control. In these circumstances, the evidence should be collected and stored appropriately. 602.8.1 COLLECTION AND TESTING REQUIREMENTS Members investigating a sexual assault offense should take every reasonable step to ensure that DNA testing of such evidence is performed in a timely manner and within the time periods prescribed by Penal Code § 803(g). Generally, rape kits should be submitted to the crime lab within 20 days after being booked into evidence (Penal Code § 680). In order to maximize the effectiveness of such testing and identify the perpetrator of any sexual assault, the assigned officer shall ensure that an information profile for the sexual assault kit evidence has been created in the California Department of Justice (DOJ) SAFE-T database within 120 days of collection and should further ensure that the results of any such test have been timely entered into and checked against both the DOJ Cal-DNA database and the Combined DNA Index System (CODIS) (Penal Code § 680.3). If the assigned officer determines that a kit submitted to a private laboratory for analysis has not been tested within 120 days after submission, the officer shall update the SAFE-T database to reflect the reason for the delay in testing. The assigned officer shall continue to update the status every 120 days thereafter until the evidence has been analyzed or the statute of limitations has run (Penal Code § 680.3). If, for any reason, DNA evidence in a sexual assault case in which the identity of the perpetrator is in issue and is not going to be analyzed within 18 months of the crime, the assigned officer shall notify the victim of such fact in writing no less than 60 days prior to the expiration of the 18- month period (Penal Code § 680(d)). Additional guidance regarding evidence retention and destruction is found in the Property and Evidence Policy. 602.8.2 DNA TEST RESULTS A SART member should be consulted regarding the best way to deliver biological testing results to a victim so as to minimize victim trauma, especially in cases where there has been a significant delay in getting biological testing results (e.g., delays in testing the evidence or delayed DNA databank hits). Members should make reasonable efforts to assist the victim by providing available Palo Alto Police Department Policy Manual Sexual Assault Investigations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Sexual Assault Investigations - 468 information on local assistance programs and organizations as provided in the Victim and Witness Assistance Policy. (a)Upon receipt of a written request from a sexual assault victim or the victim’s authorized designee, members investigating sexual assault cases shall inform the victim of the status of the DNA testing of any evidence from the victim’s case (Penal Code § 680). 1.Although such information may be communicated orally, the assigned officer should thereafter follow-up with and retain a copy of confirmation by either written or electronic mail. 2.Absent a written request, no member of this [department/office] is required to, but may, communicate with the victim or the victim’s authorized designee regarding the status of any DNA testing. (b)Subject to the commitment of sufficient resources to respond to requests for information, sexual assault victims shall further have the following rights (Penal Code § 680): 1.To be informed if a DNA profile of the assailant was obtained from the testing of the rape kit or other crime scene evidence from their case. 2.To be informed if there is a match between the DNA profile of the assailant developed from the evidence and a DNA profile contained in the DOJ Convicted Offender DNA Database, providing that disclosure would not impede or compromise an ongoing investigation. 3.To be informed if the DNA profile of the assailant developed from the evidence has been entered into the DOJ Databank of case evidence. (c)Provided that the sexual assault victim or the victim’s authorized designee has kept the assigned officer informed with regard to current address, telephone number and email address (if available), any victim or the victim’s authorized designee shall, upon request, be advised of any known significant changes regarding the victim’s case (Penal Code § 680). 1.Although such information may be communicated orally, the assigned officer should thereafter follow-up with and retain a copy of confirmation by either written or electronic mail. 2.No officer shall be required or expected to release any information which might impede or compromise any ongoing investigation. 602.9 DISPOSITION OF CASES If the assigned investigator has reason to believe the case is without merit, the case may be classified as unfounded only upon review and approval of the Investigative Services supervisor. Classification of a sexual assault case as unfounded requires the Investigative Services supervisor to determine that the facts have significant irregularities with reported information and that the incident could not have happened as it was reported. When a victim has recanted his/her original statement, there must be corroborating evidence that the allegations were false or baseless (i.e., no crime occurred) before the case should be determined as unfounded. Palo Alto Police Department Policy Manual Sexual Assault Investigations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Sexual Assault Investigations - 469 602.10 CASE REVIEW The Investigative Services supervisor should ensure case dispositions are reviewed on a periodic basis, at least annually, using an identified group that is independent of the investigation process. The reviews should include an analysis of: •Case dispositions. •Decisions to collect biological evidence. •Submissions of biological evidence for lab testing. The SART and/or victim advocates should be considered for involvement in this audit. Summary reports on these reviews should be forwarded through the chain of command to the Chief of Police. 602.11 POLICY UPDATES: Updated; 1-4-17 Updated: 5-3-17 Updated: 1-25-18 Policy 606 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Asset Forfeiture - 470 Asset Forfeiture 606.1 PURPOSE AND SCOPE This policy describes the authority and procedure for the seizure, forfeiture and liquidation of property associated with designated offenses. 606.1.1 DEFINITIONS Definitions related to this policy include: Fiscal agent - The person designated by the Chief of Police to be responsible for securing and maintaining seized assets and distributing any proceeds realized from any forfeiture proceedings. This includes any time the Palo Alto Police Department seizes property for forfeiture or when the Palo Alto Police Department is acting as the fiscal agent pursuant to a multi-agency agreement. Forfeiture - The process by which legal ownership of an asset is transferred to a government or other authority. Forfeiture reviewer - The department member assigned by the Chief of Police who is responsible for reviewing all forfeiture cases and for acting as the liaison between the Department and the assigned attorney. Property subject to forfeiture - The following may be subject to forfeiture: (a)Property related to a narcotics offense, which includes (Heath and Safety Code § 11470; Health and Safety Code § 11470.1): 1.Property (not including real property or vehicles) used, or intended for use, as a container for controlled substances, materials to manufacture controlled substances, etc. 2.Interest in a vehicle (car, boat, airplane, other vehicle) used to facilitate the manufacture, possession for sale or sale of specified quantities of controlled substances. 3.Money, negotiable instruments, securities or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance, proceeds traceable to an exchange, etc. 4.Real property when the owner is convicted of violating Health and Safety Code § 11366, Health and Safety Code § 11366.5 or Health and Safety Code § 11366.6 (drug houses) when the property was not used as a family residence or for other lawful purposes, or property owned by two or more persons, one of whom had no knowledge of its unlawful use. 5.The expenses of seizing, eradicating, destroying or taking remedial action with respect to any controlled substance or its precursors. Palo Alto Police Department Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Asset Forfeiture - 471 (b)Property related to criminal profiteering (may include gang crimes), to include (Penal Code § 186.2; Penal Code § 186.3): 1.Any property interest, whether tangible or intangible, acquired through a pattern of criminal profiteering activity. 2.All proceeds acquired through a pattern of criminal profiteering activity, including all things of value that may have been received in exchange for the proceeds immediately derived from the pattern of criminal profiteering activity. Seizure -The act of law enforcement officials taking property, cash or assets that have been used in connection with or acquired by specified illegal activities. 606.2 POLICY The Palo Alto Police Department recognizes that appropriately applied forfeiture laws are helpful to enforce the law, deter crime and reduce the economic incentive of crime. However, the potential for revenue should never compromise the effective investigation of criminal offenses, officer safety or any person's due process rights. It is the policy of the Palo Alto Police Department that all members, including those assigned to internal or external law enforcement task force operations, shall comply with all state and federal laws pertaining to forfeiture. 606.3 ASSET SEIZURE Property may be seized for forfeiture as provided in this policy. 606.3.1 PROPERTY SUBJECT TO SEIZURE The following may be seized upon review and approval of a supervisor and in coordination with the forfeiture reviewer: (a)Property subject to forfeiture authorized for seizure under the authority of a search warrant or court order. (b)Property subject to forfeiture not authorized for seizure under the authority of a search warrant or court order when any of the following apply (Health and Safety Code § 11471; Health and Safety Code § 11488): 1.The property subject to forfeiture is legally seized incident to an arrest. 2.There is probable cause to believe that the property was used or is intended to be used in a violation of the Uniform Controlled Substances Act and the seizing officer can articulate a nexus between the property and the controlled substance offense that would lead to the item being property subject for forfeiture. Officers aware of assets that may be forfeitable as a result of criminal profiteering or human trafficking should consider contacting the district attorney regarding a court order to protect the assets (Penal Code § 186.6; Penal Code § 236.6). Palo Alto Police Department Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Asset Forfeiture - 472 Whenever practicable, a search warrant or court order for seizure prior to making a seizure is the preferred method. A large amount of money standing alone is insufficient to establish the probable cause required to make a seizure. 606.3.2 PROPERTY NOT SUBJECT TO SEIZURE The following property should not be seized for forfeiture: (a)Cash and property that does not meet the forfeiture counsel's current minimum forfeiture thresholds should not be seized. (b)Real property is not subject to seizure, absent exigent circumstances, without a court order (Health and Safety Code § 11471). (c)A vehicle which may be lawfully driven on the highway if there is a community property interest in the vehicle by a person other than the suspect and the vehicle is the sole vehicle available to the suspect's immediate family (Health and Safety Code § 11470A). (d)Vehicles, boats or airplanes owned by an "innocent owner," such as a common carrier with no knowledge of the suspected offense (Health and Safety Code § 11490). 606.4 PROCESSING SEIZED PROPERTY FOR FORFEITURE PROCEEDINGS When property or cash subject to this policy is seized, the officer making the seizure should ensure compliance with the following: (a)Complete applicable seizure forms and present the appropriate copy to the person from whom the property is seized. If cash or property is seized from more than one person, a separate copy must be provided to each person, specifying the items seized. When property is seized and no one claims an interest in the property, the officer must leave the copy in the place where the property was found, if it is reasonable to do so. (b)Complete and submit a report and original seizure forms within 24 hours of the seizure, if practicable. (c)Forward the original seizure forms and related reports to the forfeiture reviewer within two days of seizure. The officer will book seized property as evidence with the notation in the comment section of the property form, "Seized Subject to Forfeiture." Property seized subject to forfeiture should be booked on a separate property form. No other evidence from the case should be booked on this form. Photographs should be taken of items seized, particularly cash, jewelry and other valuable items. Officers who suspect property may be subject to seizure but are not able to seize the property (e.g., the property is located elsewhere, the whereabouts of the property is unknown, it is real Palo Alto Police Department Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Asset Forfeiture - 473 estate, bank accounts, non-tangible assets) should document and forward the information in the appropriate report to the forfeiture reviewer. 606.5 MAINTAINING SEIZED PROPERTY The Property and Evidence Section Supervisor is responsible for ensuring compliance with the following: (a)All property received for forfeiture is reasonably secured and properly stored to prevent waste and preserve its condition. (b)All property received for forfeiture is checked to determine if the property has been stolen. (c)All property received for forfeiture is retained in the same manner as evidence until forfeiture is finalized or the property is returned to the claimant or the person with an ownership interest. (d)Property received for forfeiture is not used unless the forfeiture action has been completed. 606.6 FORFEITURE REVIEWER The Chief of Police will appoint an officer as the forfeiture reviewer. Prior to assuming duties, or as soon as practicable thereafter, the forfeiture reviewer should attend a department-approved course on asset forfeiture. The responsibilities of the forfeiture reviewer include: (a)Remaining familiar with forfeiture laws, particularly Health and Safety Code § 11469 et seq. and Penal Code § 186.2 et seq. and the forfeiture policies of the forfeiture counsel. (b)Serving as the liaison between the Department and the forfeiture counsel and ensuring prompt legal review of all seizures. (c)Making reasonable efforts to obtain annual training that includes best practices in pursuing, seizing and tracking forfeitures. (d)Reviewing each seizure-related case and deciding whether the seizure is more appropriately made under state or federal seizure laws. The forfeiture reviewer should contact federal authorities when appropriate. (e)Ensuring that responsibilities, including the designation of a fiscal agent, are clearly established whenever multiple agencies are cooperating in a forfeiture case. (f)Ensuring that seizure forms are available and appropriate for department use. These should include notice forms, a receipt form and a checklist that provides relevant guidance to officers. The forms should be available in languages appropriate for the region and should contain spaces for: Palo Alto Police Department Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Asset Forfeiture - 474 1.Names and contact information for all relevant persons and law enforcement officers involved. 2.Information as to how ownership or other property interests may have been determined (e.g., verbal claims of ownership, titles, public records). 3.A space for the signature of the person from whom cash or property is being seized. 4.A tear-off portion or copy, which should be given to the person from whom cash or property is being seized, that includes the legal authority for the seizure, information regarding the process to contest the seizure and a detailed description of the items seized. (g)Ensuring that officers who may be involved in asset forfeiture receive training in the proper use of the seizure forms and the forfeiture process. The training should be developed in consultation with the appropriate legal counsel and may be accomplished through traditional classroom education, electronic media, Daily Training Bulletins (DTBs) or Department Directives. The training should cover this policy and address any relevant statutory changes and court decisions. (h)Reviewing each asset forfeiture case to ensure that: 1.Written documentation of the seizure and the items seized is in the case file. 2.Independent legal review of the circumstances and propriety of the seizure is made in a timely manner. 3.Notice of seizure has been given in a timely manner to those who hold an interest in the seized property. 4.Property is promptly released to those entitled to its return (Health and Safety Code § 11488.2). 5.All changes to forfeiture status are forwarded to any supervisor who initiates a forfeiture case. 6.Any cash received is deposited with the fiscal agent. 7.Assistance with the resolution of ownership claims and the release of property to those entitled is provided. 8.Current minimum forfeiture thresholds are communicated appropriately to officers. 9.This policy and any related policies are periodically reviewed and updated to reflect current federal and state statutes and case law. Palo Alto Police Department Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Asset Forfeiture - 475 (i)Ensuring that a written plan that enables the Chief of Police to address any extended absence of the forfeiture reviewer, thereby ensuring that contact information for other law enforcement officers and attorneys who may assist in these matters is available. (j)Ensuring that the process of selling or adding forfeited property to the department's regular inventory is in accordance with all applicable laws and consistent with the department's use and disposition of similar property. (k)Keeping a manual that details the statutory grounds for forfeitures and department procedures related to asset forfeiture, including procedures for prompt notice to interest holders, the expeditious release of seized property, where appropriate, and the prompt resolution of claims of innocent ownership (Heath and Safety Code § 11469). (l)Providing copies of seized business records to the person or business from whom such records were seized, when requested (Heath and Safety Code §11471). (m)Notifying the California Franchise Tax Board when there is reasonable cause to believe that the value of seized property exceeds $5,000.00 (Health and Safety Code § 11471.5). Forfeiture proceeds should be maintained in a separate fund or account subject to appropriate accounting control, with regular reviews or audits of all deposits and expenditures. Forfeiture reporting and expenditures should be completed in the manner prescribed by the law and City financial directives (Health and Safety Code § 11495). 606.7 DISPOSITION OF FORFEITED PROPERTY Forfeited funds distributed under Health and Safety Code § 11489 et seq. shall only be used for purposes allowed by law, but in no case shall a peace officer's employment or salary depend upon the level of seizures or forfeitures he/she achieves (Heath and Safety Code § 11469). The Department may request a court order so that certain uncontaminated science equipment is relinquished to a school or school district for science classroom education in lieu of destruction (Health and Safety Code § 11473; Health and Safety Code § 11473.5). 606.8 CLAIM INVESTIGATIONS An investigation shall be made as to any claimant of a vehicle, boat or airplane whose right, title, interest or lien is on the record in the Department of Motor Vehicles or in an appropriate federal agency. If investigation reveals that any person, other than the registered owner, is the legal owner, and such ownership did not arise subsequent to the date and time of arrest or notification of the forfeiture proceedings or seizure of the vehicle, boat or airplane, notice shall be made to the legal owner at his/her address appearing on the records of the Department of Motor Vehicles or the appropriate federal agency (Health and Safety Code § 11488.4). Policy 610 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Eyewitness Identification - 483 Eyewitness Identification 610.1 PURPOSE AND SCOPE This policy sets forth guidelines to be used when members of this department employ eyewitness identification techniques. 610.1.1 DEFINITIONS Definitions related to the policy include: Eyewitness identification process -Any field identification, live lineup or photographic identification. Field identification -A live presentation of a single individual to a witness following the commission of a criminal offense for the purpose of identifying or eliminating the person as the suspect. Live lineup - A live presentation of individuals to a witness for the purpose of identifying or eliminating an individual as the suspect. Photographic lineup - Presentation of photographs to a witness for the purpose of identifying or eliminating an individual as the suspect. 610.2 POLICY This department will strive to use eyewitness identification techniques, when appropriate, to enhance the investigative process and will emphasize identifying persons responsible for crime and exonerating the innocent. Santa Clara County Protocols Section 7 - Line-Up Protocol for Law Enforcement shall be utilized as a guideline when conducting photographic or live lineups (Jail). All personnel are required to read and follow Santa Clara County Protocols Section 7 - Line-Up Protocol for Law Enforcement. 610.3 INTERPRETIVE SERVICES Officers should make a reasonable effort to arrange for an interpreter before proceeding with eyewitness identification if communication with a witness is impeded due to language or hearing barriers. Before the interpreter is permitted to discuss any matter with the witness, the investigating officer should explain the identification process to the interpreter. Once it is determined that the interpreter comprehends the process and can explain it to the witness, the eyewitness identification may proceed as provided for within this policy. 610.4 EYEWITNESS IDENTIFICATION FORM A Photo or Live Line-Up (Jail) Admonishment form shall be utilized when conducting a photographic or live line-up (Jail). A Field Identification Admonishment form shall be utilized when conducting an in field identification. Palo Alto Police Department Policy Manual Eyewitness Identification Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Eyewitness Identification - 484 The process and any related forms or reports should provide: (a)The date, time and location of the eyewitness identification procedure. (b)The name and identifying information of the witness. (c)The name of the person administering the identification procedure. (d)If applicable, the names of all of the individuals present during the identification procedure. (e)An admonishment that the suspect may or may not be among those presented and that the witness is not obligated to make an identification. (f)An admonishment to the witness that the investigation will continue regardless of whether an identification is made by the witness. (g)A signature line where the witness acknowledges that he/she understands the identification procedures and instructions. The process and related forms should be reviewed at least annually and modified when necessary. 610.5 EYEWITNESS IDENTIFICATION Officers are cautioned not to, in any way, influence a witness as to whether any subject or photo presented in a lineup is in any way connected to the case. Officers should avoid mentioning that: •The individual was apprehended near the crime scene. •The evidence points to the individual as the suspect. •Other witnesses have identified, or failed to identify, the individual as the suspect. In order to avoid undue influence, witnesses should view suspects or a lineup individually and outside the presence of other witnesses. Whenever feasible, the eyewitness identification procedure should be audio and/or video recorded and the recording should be retained according to current evidence procedures. 610.5.1 FIELD IDENTIFICATION CONSIDERATIONS Field identifications, also known as field elimination show-ups or one-on-one identifications, may be helpful in certain cases, where exigent circumstances make it impracticable to conduct a photo or live lineup identifications. Per the Santa Clara County Line-Up Protocol, if probable cause exists for an arrest, it is rarely advisable to conduct an in field identification instead of a line-up unless other factors outweigh the value of a line-up. When initiating a field identification, the officer should observe the following guidelines: (a)Obtain a complete description of the suspect from the witness. Palo Alto Police Department Policy Manual Eyewitness Identification Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Eyewitness Identification - 485 (b)Assess whether a witness should be included in a field identification process by considering: 1.The length of time the witness observed the suspect. 2.The distance between the witness and the suspect. 3.Whether the witness could view the suspect's face. 4.The quality of the lighting when the suspect was observed by the witness. 5.Whether there were distracting noises or activity during the observation. 6.Any other circumstances affecting the witness's opportunity to observe the suspect. 7.The length of time that has elapsed since the witness observed the suspect. (c)If safe and practicable, the person who is the subject of the show-up should not be handcuffed or in a patrol vehicle. (d)When feasible, officers should bring the witness to the location of the suspect, rather than bring the suspect to the witness. (e)A person should not be shown to the same witness more than once. (f)In cases involving multiple suspects, witnesses should only be permitted to view the suspects one at a time. (g)A person in a field identification should not be required to put on clothing worn by the suspect, to speak words uttered by the suspect or to perform other actions mimicking those of the suspect. 610.6 DOCUMENTATION A thorough description of the eyewitness process and the results of any eyewitness identification should be documented in the case report. Witness comments of how certain he/she is of the identification or non-identification should be quoted in the report. If a photographic lineup is utilized, a copy of the photographic lineup presented to the witness should be included in the case report. In addition, the order in which the photographs were presented to the witness should be documented in the case report. Policy 612 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Brady Material Disclosure - 486 Brady Material Disclosure 612.1 PURPOSE AND SCOPE This policy establishes guidelines for identifying and releasing potentially exculpatory or impeachment information (so-called "Brady information") to a prosecuting attorney. 612.1.1 DEFINITIONS Definitions related to this policy include: Brady information -Information known or possessed by the Palo Alto Police Department that is both favorable and material to the current prosecution or defense of a criminal defendant. 612.2 POLICY The Palo Alto Police Department will conduct fair and impartial criminal investigations and will provide the prosecution with both incriminating and exculpatory evidence, as well as information that may adversely affect the credibility of a witness. In addition to reporting all evidence of guilt, the Palo Alto Police Department will assist the prosecution by complying with its obligation to disclose information that is both favorable and material to the defense. The Department will identify and disclose to the prosecution potentially exculpatory information, as provided in this policy. 612.3 DISCLOSURE OF INVESTIGATIVE INFORMATION Officers must include in their investigative reports adequate investigative information and reference to all material evidence and facts that are reasonably believed to be either incriminating or exculpatory to any individual in the case. If an officer learns of potentially incriminating or exculpatory information any time after submission of a case, the officer or the handling investigator must prepare and submit a supplemental report documenting such information as soon as practicable. Supplemental reports shall be promptly processed and transmitted to the prosecutor's office. If information is believed to be privileged or confidential (e.g., confidential informant or protected personnel files), the officer should discuss the matter with a supervisor and/or prosecutor to determine the appropriate manner in which to proceed. Evidence or facts are considered material if there is a reasonable probability that they would affect the outcome of a criminal proceeding or trial. Determining whether evidence or facts are material often requires legal or even judicial review. If an officer is unsure whether evidence or facts are material, the officer should address the issue with a supervisor. 612.4 DISCLOSURE OF PERSONNEL INFORMATION Whenever it is determined that Brady information is located in the personnel file of a member of this department who is a material witness in a criminal case, the following procedure shall apply: Palo Alto Police Department Policy Manual Brady Material Disclosure Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Brady Material Disclosure - 487 (a)In the event that a Pitchess motion has not already been filed by the criminal defendant or other party pursuant to Evidence Code § 1043, the prosecuting attorney shall be notified of the potential presence of Brady information in the officer's personnel file. (b)The prosecuting attorney should then be requested to file a Pitchess motion in order to initiate an in camera review by the court. (c)Any member who is the subject of such a motion shall be notified in writing that a motion has been filed. (d)The Custodian of Records shall accompany all relevant files during any in camera inspection and address any issues or questions raised by the court in determining whether any information contained in the files is both material and favorable to the criminal defendant. (e)If the court determines that there is relevant Brady information contained in the files, only that information ordered released will be copied and released to the parties filing the motion. 1.Prior to the release of any information pursuant to this process, the Custodian of Records should request a protective order from the court limiting the use of such information to the involved case and requiring the return of all copies upon completion of the case. 612.4.1 OUT OF COUNTY ARRESTS AND CONVICTIONS Santa Clara County Protocols Section 20 - Brady Protocol For Out Of County Arrests And Convictions shall be utilized as a guideline regarding the arrest or conviction of Palo Alto Police Department sworn personnel for a misdemeanor or felony offense which occurs outside of Santa Clara County. Personnel are required to read and follow the guidelines set forth in the Santa Clara County Protocols Section 20 - Brady Protocol For Out Of County Arrests And Convictions. The Personnel & Training Coordinator is responsible for making notifications to the District Attorney's Office pursuant to the protocol. 612.5 INVESTIGATING BRADY ISSUES If the Department receives information from any source that a member may have issues of credibility, dishonesty or has been engaged in an act of moral turpitude or criminal conduct, the information shall be investigated and processed in accordance with the Personnel Complaints Policy. 612.6 TRAINING Department members should receive periodic training on the requirements of this policy. Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Equipment - 488 Chapter 7 - Equipment Policy 700 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Department Owned and Personal Property - 489 Department Owned and Personal Property 700.1 PURPOSE AND SCOPE Department employees are expected to properly care for department property assigned or entrusted to them. Employees may also suffer occasional loss or damage to personal or department property while performing their assigned duty. Certain procedures are required depending on the loss and ownership of the item. 700.2 CARE OF DEPARTMENTAL PROPERTY Employees shall be responsible for the safekeeping, serviceable condition, proper care, use and replacement of department property assigned or entrusted to them. An employee's intentional or negligent abuse or misuse of department property may lead to discipline including, but not limited to the cost of repair or replacement. (a)Employees shall promptly report through their chain of command, any loss, damage to, or unserviceable condition of any department issued property or equipment assigned for their use. (b)The use of damaged or unserviceable department property should be discontinued as soon as practical and replaced with comparable Department property as soon as available and following notice to a supervisor. (c)Except when otherwise directed by competent authority or required by exigent circumstances, department property shall only be used by those to whom it was assigned. Use should be limited to official purposes and in the capacity for which it was designed. (d)Department property shall not be thrown away, sold, traded, donated, destroyed, or otherwise disposed of without proper authority. (e)In the event that any Department property becomes damaged or unserviceable, no employee shall attempt to repair the property without prior approval of a supervisor. 700.3 FILING CLAIMS FOR PERSONAL PROPERTY Claims for reimbursement for damage or loss of personal property must be made on the proper form. This form is submitted to the employee's immediate supervisor. The supervisor may require a separate written report of the loss or damage. The supervisor shall direct a memo to the appropriate Division Captain which shall include the results of his/her investigation and whether the employee followed proper procedures. The supervisor's report shall address whether reasonable care was taken to prevent the loss or damage. Upon review by staff and a finding that no misconduct or negligence was involved, repair or replacement may be approved by the Chief of Police. Palo Alto Police Department Policy Manual Department Owned and Personal Property Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Department Owned and Personal Property - 490 The Department will not replace or repair luxurious or overly expensive items (jewelry, exotic equipment, etc.) that are not reasonably required as a part of work. 700.3.1 REPORTING REQUIREMENT A verbal report shall be made to the employee's immediate supervisor as soon as circumstances permit. A written report shall be submitted before the employee goes off duty or within the time frame directed by the supervisor to whom the verbal report is made. 700.4 LOSS OR DAMAGE OF PROPERTY OF ANOTHER Officers and other employees intentionally or unintentionally may cause damage to the real or personal property of another while performing their duties. Any employee who damages or causes to be damaged any real or personal property of another while performing any law enforcement functions, regardless of jurisdiction, shall report it as provided below. (a)A verbal report shall be made to the employee's immediate supervisor as soon as circumstances permit. (b)A written report shall be submitted before the employee goes off duty or within the time frame directed by the supervisor to whom the verbal report is made. (c)The report will be forwarded to the City's Risk Manager and the City Attorney's Office. 700.4.1 DAMAGE BY PERSON OF ANOTHER AGENCY If employees of another jurisdiction cause damage to real or personal property belonging to the City, it shall be the responsibility of the employee present or the employee responsible for the property to make a verbal report to his/her immediate supervisor as soon as circumstances permit. The employee shall submit a written report before going off duty or as otherwise directed by the supervisor. These written reports, accompanied by the supervisor's written report, shall promptly be forwarded to the appropriate Division Captain. Policy 702 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personal Communication Devices - 491 Personal Communication Devices 702.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the use of mobile telephones and communication devices, whether issued by the Department or personally owned, while on-duty or when used for authorized work-related purposes. This policy generically refers to all such devices as Personal Communication Devices (PCD) but is intended to include all mobile telephones, personal digital assistants (PDA) and similar wireless two-way communications and/or portable Internet access devices. PCD use includes, but is not limited to, placing and receiving calls, text messaging, blogging and microblogging, e-mailing, using video or camera features, playing games and accessing sites or services on the Internet. 702.2 POLICY The Palo Alto Police Department allows employees to utilize department-issued PCDs and to possess personally owned PCDs in the workplace, subject to certain limitations. The inappropriate use of a PCD while on-duty may impair officer safety. Additionally, employees are advised and cautioned that the use of a personally owned PCD either on-duty or after duty hours for business-related purposes may subject the employee and the employee's PCD records to civil or criminal discovery or disclosure under applicable public records laws or a lawful order. Employees who have questions regarding the application of this policy or the guidelines contained herein are encouraged to seek clarification from supervisory personnel. 702.3 PRIVACY POLICY Employees shall have no expectation of privacy with regard to any communication made with or stored in or through PCDs issued by the Department and shall have no expectation of privacy in their location should the device be equipped with location detection capabilities. The use of any department-provided or -funded PCD, computer, Internet service, telephone service or other wireless service while on-duty is without any expectation of privacy that the employee might otherwise have in any communication, including the content of any such communication. Communications or data reception on personal, password-protected, web-based e-mail accounts and any other services are subject to monitoring if department equipment is used. 702.4 DEPARTMENT-ISSUED PCD Depending on an employee's assignment and the needs of the position, the Department may, at its discretion, issue a PCD. Department-issued PCDs are provided as a convenience to facilitate on-duty performance only. Such devices and the associated telephone number shall remain the sole property of the Department. Palo Alto Police Department Policy Manual Personal Communication Devices Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personal Communication Devices - 492 702.5 PERSONALLY OWNED PCD Employees may carry a personally owned PCD while on-duty, subject to the following conditions and limitations: (a)Carrying a personally owned PCD is a privilege, not a right. (b)The Department accepts no responsibility for loss of or damage to a personally owned PCD. (c)Employees shall promptly notify the Department in the event the PCD is lost or stolen. (d)The PCD and any associated services shall be purchased, used and maintained solely at the employee's expense. (e)The device should not be used for work-related purposes except in exigent circumstances (e.g., unavailability of radio communications). (f)Employees are advised and cautioned that the use of a personally owned PCD either on-duty or after duty hours for business-related purposes may subject the employee and the employee's PCD records to civil or criminal discovery or disclosure under applicable public records laws or a lawful order. 702.6 USE OF PERSONAL COMMUNICATION DEVICES The following protocols shall apply to all PCDs that are carried while on-duty or used to conduct department business: (a)All PCDs in the workplace shall be set to silent or vibrate mode. (b)A PCD may not be used to conduct personal business while on-duty, except for brief personal communications (e.g., informing family of extended hours). (c)Employees may use a PCD to communicate with other personnel in situations where the use of the radio is either impracticable or not feasible. PCDs should not be used as a substitute for, as a way to avoid or in lieu of regular radio communications. (d)Officers are prohibited from taking pictures, video or making audio recordings or making copies of any such picture or recording media unless it is directly related to official department business. Disclosure of any such information to any third party through any means, without the express authorization of the Chief of Police or the authorized designee, may result in discipline. (e)Using PCDs to harass, threaten, coerce or otherwise engage in inappropriate conduct with any third party is prohibited. Any employee having knowledge of such conduct shall promptly notify a supervisor. 702.7 SUPERVISORY RESPONSIBILITIES Supervisors should ensure that members under their command are provided appropriate training on the use of PCDs consistent with this policy. Supervisors should monitor, to the extent Palo Alto Police Department Policy Manual Personal Communication Devices Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personal Communication Devices - 493 practicable, PCD use in the workplace and take prompt corrective action if an employee is observed or reported to be improperly using a PCD. An investigation into improper conduct should be promptly initiated when circumstances warrant. If, when carrying out any provision of this policy, the need to contact an employee who is off-duty arises, supervisors should consider delaying the contact, if practicable, until the employee is on- duty, as such contact may be compensable. 702.8 USE WHILE DRIVING The use of a PCD while driving can adversely affect safety, cause unnecessary distractions and present a negative image to the public. Officers operating emergency vehicles should restrict the use of these devices to matters of an urgent nature and should, where practicable, stop the vehicle at an appropriate location to use the PCD. Except in an emergency, employees who are operating non-emergency vehicles shall not use a PCD while driving unless the device is specifically designed and configured to allow hands-free use (Vehicle Code § 23123). Hands-free use should be restricted to business-related calls or calls of an urgent nature. 702.9 OFFICIAL USE Employees are reminded that PCDs are not secure devices and conversations may be intercepted or overheard. Caution should be exercised while utilizing PCDs to ensure that sensitive information is not inadvertently transmitted. As soon as reasonably possible, employees shall conduct sensitive or private communications on a land-based or other department communications network. The following situations are examples of when the use of a PCD may be appropriate: (a)Barricaded suspects (b)Hostage situations (c)Mobile Command Post (d)Catastrophic disasters, such as plane crashes, earthquakes, floods, etc. (e)Major political or community events (f)Investigative stakeouts (g)Emergency contact with an allied agency or allied agency field unit (h)When immediate communication is needed and the use of the radio is not available or appropriate and other means are not readily available Policy 706 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Vehicle Use - 496 Vehicle Use 706.1 PURPOSE AND SCOPE The purpose of this policy is to establish a system of accountability to ensure [department/ office] vehicles are used appropriately. This policy provides guidelines for on- and off-duty use of [department/office] vehicles and shall not be construed to create or imply any contractual obligation by the City of Palo Alto to provide assigned take-home vehicles. 706.2 POLICY The Palo Alto Police Department provides vehicles for [department/office]-related business and may assign patrol and unmarked vehicles based on a determination of operational efficiency, economic impact to the [Department/Office], requirements for tactical deployments and other considerations. 706.3 USE OF VEHICLES 706.3.1 SHIFT ASSIGNED VEHICLES Members who use a fleet vehicle as part of their work assignment shall ensure that the vehicle is properly checked out and logged on, according to current procedures, prior to taking it into service. If for any reason during the shift the vehicle is exchanged, the member shall ensure that the exchanged vehicle is likewise properly noted. Members shall be responsible for inspecting the interior and exterior of any assigned vehicle before taking the vehicle into service and at the conclusion of the shift. Any previously unreported damage, mechanical problems, unauthorized contents or other problems with the vehicle shall be promptly reported to a supervisor and documented as appropriate. 706.3.2 OTHER USE OF VEHICLES Members utilizing a vehicle for any purpose other than their normally assigned duties or normal vehicle assignment (e.g., transportation to training, community event) shall first notify the Watch Commander. A notation will be made on the shift assignment roster indicating the member’s name and vehicle number. This subsection does not apply to those who are assigned to vehicle transportation duties to and from the maintenance yard or carwash. 706.3.3 INSPECTIONS Members shall be responsible for inspecting the interior and exterior of any assigned vehicle before taking the vehicle into service and at the conclusion of their shifts. Any previously unreported damage, mechanical problems, unauthorized contents or other problems with the vehicle shall be promptly reported to a supervisor and documented as appropriate. The interior of any vehicle that has been used to transport any person other than a member of this [department/office] should be inspected prior to placing another person in the vehicle and Palo Alto Police Department Policy Manual Vehicle Use Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Vehicle Use - 497 again after the person is removed. This is to ensure that unauthorized or personal items have not been left in the vehicle. When transporting any suspect, prisoner or arrestee, the transporting member shall search all areas of the vehicle that are accessible by the person before and after that person is transported. All [department/office] vehicles are subject to inspection and/or search at any time by a supervisor without notice and without cause. No member assigned to or operating such vehicle shall be entitled to any expectation of privacy with respect to the vehicle or its contents. 706.3.4 SECURITY AND UNATTENDED VEHICLES Unattended vehicles should be locked and secured at all times. No key should be left in the vehicle except when it is necessary that the vehicle be left running (e.g., continued activation of emergency lights, canine safety, equipment charging). Officers who exit a vehicle rapidly in an emergency situation or to engage in a foot pursuit must carefully balance the need to exit the vehicle quickly with the need to secure the vehicle. Members shall ensure all weapons are secured while the vehicle is unattended. 706.3.5 MDC Members assigned to vehicles equipped with a Mobile Data Computer (MDC) shall log onto the MDC with the required information when going on-duty. If the vehicle is not equipped with a working MDC, the member shall notify the Communications Center. Use of the MDC is governed by the Mobile Data Computer Use Policy. 706.3.6 VEHICLE LOCATION SYSTEM Patrol and other vehicles, at the discretion of the Chief of Police, may be equipped with a system designed to track the vehicle’s location. While the system may provide vehicle location and other information, members are not relieved of their responsibility to use required communication practices to report their location and status. Members shall not make any unauthorized modifications to the system. At the start of each shift, members shall verify that the system is on and report any malfunctions to their supervisor. If the member finds that the system is not functioning properly at any time during the shift, he/she should exchange the vehicle for one with a working system, if available. System data may be accessed by supervisors at any time. However, access to historical data by other than supervisors will require Division Captain approval. All data captured by the system shall be retained in accordance with the established records retention schedule. 706.3.7 KEYS Members approved to operate marked patrol vehicles should be issued a copy of the key as part of their initial equipment distribution. Members who are assigned a specific vehicle should be issued keys for that vehicle. Palo Alto Police Department Policy Manual Vehicle Use Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Vehicle Use - 498 Members shall not duplicate keys. The loss of a key shall be promptly reported in writing through the member’s chain of command. 706.3.8 AUTHORIZED PASSENGERS Members operating [department/office] vehicles shall not permit persons other than City personnel or persons required to be conveyed in the performance of duty, or as otherwise authorized, to ride as passengers in the vehicle, except as stated in the Ride-Along Policy. 706.3.9 ALCOHOL Members who have consumed alcohol are prohibited from operating any [department/office] vehicle unless it is required by the duty assignment (e.g., task force, undercover work). Regardless of assignment, members may not violate state law regarding vehicle operation while intoxicated. 706.3.10 PARKING Except when responding to an emergency or when urgent [department/office]-related business requires otherwise, members driving [department/office] vehicles should obey all parking regulations at all times. [Department/Office] vehicles should be parked in assigned stalls. Members shall not park privately owned vehicles in stalls assigned to [department/office] vehicles or in other areas of the parking lot that are not so designated unless authorized by a supervisor. Privately owned motorcycles shall be parked in designated areas. 706.3.11 ACCESSORIES AND/OR MODIFICATIONS There shall be no modifications, additions or removal of any equipment or accessories without written permission from the assigned vehicle program manager. 706.3.12 CIVILIAN MEMBER USE Civilian members using marked emergency vehicles shall ensure that all weapons have been removed before going into service. Civilian members shall prominently display the "out of service" placards or light bar covers at all times. Civilian members shall not operate the emergency lights or siren of any vehicle unless expressly authorized by a supervisor. 706.4 INDIVIDUAL MEMBER ASSIGNMENT TO VEHICLES [Department/Office] vehicles may be assigned to individual members at the discretion of the Chief of Police. Vehicles may be assigned for on-duty and/or take-home use. Assigned vehicles may be changed at any time. Permission to take home a vehicle may be withdrawn at any time. The assignment of vehicles may be suspended when the member is unable to perform his/her regular assignment. 706.4.1 ON-DUTY USE Vehicle assignments shall be based on the nature of the member’s duties, job description and essential functions, and employment or appointment status. Vehicles may be reassigned or Palo Alto Police Department Policy Manual Vehicle Use Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Vehicle Use - 499 utilized by other [department/office] members at the discretion of the Chief of Police or the authorized designee. 706.4.2 UNSCHEDULED TAKE-HOME USE Circumstances may arise where [department/office] vehicles must be used by members to commute to and from a work assignment. Members may take home [department/office] vehicles only with prior approval of a supervisor and shall meet the following criteria: (a)The circumstances are unplanned and were created by the needs of the [department/ office]. (b)Other reasonable transportation options are not available. (c)The member lives within a reasonable distance (generally not to exceed a 60-minute drive time) of the Palo Alto City limits. (d)Off-street parking will be available at the member’s residence. (e)Vehicles will be locked when not attended. (f)All firearms, weapons and control devices will be removed from the interior of the vehicle and properly secured in the residence when the vehicle is not attended, unless the vehicle is parked in a locked garage. 706.4.3 ASSIGNED VEHICLES Assignment of take-home vehicles shall be based on the location of the member’s residence, the nature of the member’s duties, job description and essential functions, and employment or appointment status. Residence in the City of Palo Alto is a prime consideration for assignment of a take-home vehicle. Members who reside outside the City of Palo Alto may be required to secure the vehicle at a designated location or the [Department/Office] at the discretion of the Chief of Police. [Department/Office] members shall sign a take-home vehicle agreement that outlines certain standards, including, but not limited to, how the vehicle shall be used, where it shall be parked when the member is not on-duty, vehicle maintenance responsibilities and member enforcement actions. Members are cautioned that under federal and local tax rules, personal use of a City vehicle may create an income tax liability for the member. Questions regarding tax rules should be directed to the member’s tax adviser. Criteria for use of take-home vehicles include the following: (a)Vehicles shall only be used for work-related purposes and shall not be used for personal errands or transports, unless special circumstances exist and the Chief of Police or a Division Captain gives authorization. (b)Vehicles may be used to transport the member to and from the member’s residence for work-related purposes. (c)Vehicles will not be used when off-duty except: Palo Alto Police Department Policy Manual Vehicle Use Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Vehicle Use - 500 1.In circumstances when a member has been placed on call by the Chief of Police or Division Captains and there is a high probability that the member will be called back to duty. 2.When the member is performing a work-related function during what normally would be an off-duty period, including vehicle maintenance or travelling to or from a work-related activity or function. 3.When the member has received permission from the Chief of Police or Division Captains. 4.When the vehicle is being used by the Chief of Police, Division Captains or members who are in on-call administrative positions. 5.When the vehicle is being used by on-call investigators. (d)While operating the vehicle, authorized members will carry and have accessible their duty firearms and be prepared to perform any function they would be expected to perform while on-duty. (e)The two-way communications radio, MDC and global positioning satellite device, if equipped, must be on and set to an audible volume when the vehicle is in operation. (f)Unattended vehicles are to be locked and secured at all times. 1.No key should be left in the vehicle except when it is necessary that the vehicle be left running (e.g., continued activation of emergency lights, canine safety, equipment charging). 2.All weapons shall be secured while the vehicle is unattended. 3.All [department/office] identification, portable radios and equipment should be secured. (g)Vehicles are to be parked off-street at the member’s residence unless prior arrangements have been made with the Chief of Police or the authorized designee. If the vehicle is not secured inside a locked garage, all firearms and kinetic impact weapons shall be removed and properly secured in the residence (see the Firearms Policy regarding safe storage of firearms at home). (h)Vehicles are to be secured at the member’s residence or the appropriate [department/ office] facility, at the discretion of the [Department/Office] when a member will be away (e.g., on vacation) for periods exceeding one week. 1.If the vehicle remains at the residence of the member, the [Department/Office] shall have access to the vehicle. 2.If the member is unable to provide access to the vehicle, it shall be parked at the [Department/Office]. (i)The member is responsible for the care and maintenance of the vehicle. 706.4.4 ENFORCEMENT ACTIONS When driving a take-home vehicle to and from work outside of the jurisdiction of the Palo Alto Police Department or while off-duty, an officer shall not initiate enforcement actions except in Palo Alto Police Department Policy Manual Vehicle Use Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Vehicle Use - 501 those circumstances where a potential threat to life or serious property damage exists (see the Off-Duty Law Enforcement Actions and Law Enforcement Authority policies). Officers may render public assistance when it is deemed prudent (e.g., to a stranded motorist). Officers driving take-home vehicles shall be armed, appropriately attired and carry their [department/office]-issued identification. Officers should also ensure that [department/office] radio communication capabilities are maintained to the extent feasible. 706.4.5 MAINTENANCE Members are responsible for the cleanliness (exterior and interior) and overall maintenance of their assigned vehicles. Cleaning and maintenance supplies will be provided by the [Department/ Office]. Failure to adhere to these requirements may result in discipline and loss of vehicle assignment. The following should be performed as outlined below: (a)Members shall make daily inspections of their assigned vehicles for service/ maintenance requirements and damage. (b)It is the member’s responsibility to ensure that his/her assigned vehicle is maintained according to the established service and maintenance schedule. (c)All scheduled vehicle maintenance and car washes shall be performed as necessary at a facility approved by the [department/office] supervisor in charge of vehicle maintenance. (d)The [Department/Office] shall be notified of problems with the vehicle and approve any major repairs before they are performed. (e)When leaving the vehicle at the maintenance facility, the member will complete a vehicle repair card explaining the service or repair, and leave it on the seat or dash. (f)All weapons shall be removed from any vehicle left for maintenance. (g)Supervisors shall make, at a minimum, monthly inspections of vehicles assigned to members under their command to ensure the vehicles are being maintained in accordance with this policy. 706.5 UNMARKED VEHICLES Vehicles are assigned to various divisions and their use is restricted to the respective division and the assigned member, unless otherwise approved by a division supervisor. Any member operating an unmarked vehicle shall record vehicle usage on the sign-out log maintained in the division for that purpose. Any use of unmarked vehicles by those who are not assigned to the division to which the vehicle is assigned shall also record the use with the Watch Commander on the shift assignment roster. 706.6 DAMAGE, ABUSE AND MISUSE When any [department/office] vehicle is involved in a traffic collision or otherwise incurs damage, the involved member shall promptly notify a supervisor. Any traffic collision report shall be filed with the agency having jurisdiction (see the Traffic Collision Reporting Policy). Palo Alto Police Department Policy Manual Vehicle Use Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Vehicle Use - 502 Damage to any [department/office] vehicle that was not caused by a traffic collision shall be immediately reported during the shift in which the damage was discovered, documented in memorandum format and forwarded to the Watch Commander. An administrative investigation should be initiated to determine if there has been any vehicle abuse or misuse. 706.7 TOLL ROAD USAGE Law enforcement vehicles are not routinely exempted from incurring toll road charges. To avoid unnecessary toll road charges, all members operating [department/office] vehicles on a toll road shall adhere to the following: (a)Members operating [department/office] vehicles for any reason other than in response to an emergency shall pay the appropriate toll charge or utilize the appropriate toll way transponder. Members may submit a request for reimbursement from the City for any toll fees incurred in the course of official business. (b)Members passing through a toll plaza or booth during a response to an emergency shall notify, in writing, the appropriate Division Captain within five working days explaining the circumstances. 706.8 ATTIRE AND APPEARANCE When operating any [department/office] vehicle while off-duty, members may dress in a manner appropriate for their intended activity. Whenever in view of or in contact with the public, attire and appearance, regardless of the activity, should be suitable to reflect positively upon the [Department/Office]. Policy 707 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personal Protective Equipment - 503 Personal Protective Equipment 707.1 PURPOSE AND SCOPE Sworn officers will be issued Personal Protective Equipment (PPE) including chemical protective ensembles to allow them to safely respond to Hazardous Materials (HAZMAT) and Weapons of Mass Destruction (WMD) events. 707.2 EQUIPMENT (a)Level C gear kits will include: Chemically resistant coveralls, gloves, boots, and tape, WMD Respirator Cartridges, and Identification Vest. The Identification vest can also be used for traffic control duties. All sworn officers will be equipped with Level C Personal (b)Protective Equipment (PPE) gear. Patrol officers will have their Level C gear available to them in their vehicles while they are on patrol or working assignments where their supervisor deems it necessary. Officers will maintain their gear in good working order and alert the Staff Assistant or designated WMD/HAZMAT Equipment Officer should the gear become damaged or need repair. A cache of extra PPE will be stored in the police station. 707.3 TRAINING All sworn officers will be trained in force protection, decontamination practices, WMD/HAZMAT Awareness and participate in Department trainings concerning WMD/HAZMAT response. The Department will participate in training with the Palo Alto Fire Department and allied local agencies to prepare for a joint response to WMD/HAZMAT events. 707.4 OPERATIONS (SUPERVISOR AND OFFICER RESPONSIBILITIES Response to a suspected or reported WMD/HAZMAT event will include: (a)Communications will dispatch the appropriate number of police and fire units to the call. (b)The field supervisor will work with the Fire Battalion Chief in order to coordinate the response, staging location, and on scene control. (c)The on-duty Watch Commander will assist in procuring resources, coordinating the response, and making necessary notifications. (d)Responding officers will proceed to the staging location. (e)The field supervisor in conjunction with the Fire Battalion Chief will determine the need for police officers to don PPE. (f)If required, officers will properly don PPE and proceed as directed by the field supervisor. Palo Alto Police Department Policy Manual Personal Protective Equipment Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Personal Protective Equipment - 504 (g)Officers will not take independent action that could place them in unreasonable danger, but rather will proceed in an orderly fashion. Responding officers should rely on teamwork and work under the direction of the Field Supervisor. Tasks officers may be assigned will include acting as security for the firefighters, crowd control, detaining suspects, and interviewing witnesses. (h)The field supervisor will be responsible for coordinating the on scene activities, implementing the Incident Command System (ICS)/California Standardized Emergency Management System (SEMS) as deemed appropriate, calling for additional resources, directing incoming units, etc. (i)The field supervisor or his/her designee will work closely with the Fire Department personnel to insure responding officers operating in PPE are properly monitored for signs of over exertion, and that those officers are rotated to a rehabilitation station, as appropriate. 707.5 DECONTAMINATION PROCEDURE If an officer has utilized the PPE and is exposed or potentially exposed to a substance, the officer will participate in the decontamination procedure at the direction of the Fire Department. The on scene Hazmat Specialist will determine if the officer's PPE has been compromised. The officer's PPE may be destroyed and some of the officer's equipment may be replaced. If an officer utilizes the PPE and was not exposed to any possible harmful substance, the officer should inspect their PPE for damage and then safely store it for future use. Policy 709 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Reflectorized Vests - 505 Reflectorized Vests 709.1 PURPOSE AND SCOPE In order to reduce the danger to employees exposed to the hazards of approaching traffic, reflectorized vests are provided to increase the visibility of employees. Statistically, more officers are killed in the line of duty in vehicle collisions than any other way. The intent of this policy is to safeguard the lives of officers and other employees working in or about the right-of-way of traffic for an extended period of time and to comply with the current laws regarding the usage of reflectorized vests (California Code of Regulations, Title 8, Section 1598 et. seq. and federal regulation 23 CFR 634). 709.2 POLICY (a)One reflectorized vest shall be issued to every officer, reserve officer, and community service officer. All other employees shall temporarily receive a reflectorized vest from the Field Services Staff Assistant, as necessary, for events or incidents, and returned at the conclusion of the event or incident. (b)Employees must keep the reflectorized vest inside their vehicle while on-duty. (c)Reflectorized vests shall be worn by employees engaged in the performance of vehicular traffic control in any location or while performing investigations upon a highway. Employees responding to traffic collisions or other incidents upon a highway may first stabilize the scene (assess the need for fire/medical response, tend to injured parties, etc.) and address immediate officer safety concerns prior to donning a reflectorized vest. (d)Officers are not required to wear a reflectorized vest in adversarial or potentially confrontational situations when the hazards of wearing a reflectorized vest clearly outweigh the benefits of doing so (i.e. traffic enforcement stops, standing in or near a roadway while on an inner perimeter while a suspect is still outstanding, etc.). (e)Reflectorized vests shall comply with the ANSI/ISEA 107-2004 Class II standard. (f)A supply of reflectorized vests will be maintained by the Patrol Division equipment room for replacement of damaged or unserviceable vests. 709.3 CARE AND STORAGE OF REFLECTORIZED VESTS The reflectorized vest shall be stored and maintained in serviceable condition at all other times. Policy 711 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Digital Imaging - 506 Digital Imaging 711.1 PURPOSE AND SCOPE Digital imaging technologies have become a standard format for forensic photography. It is the intent of the Palo Alto Police Department to use digital photographic equipment and digital imaging equipment as the primary method of capturing and storing photographs. It is the policy of the Palo Alto Police Department to establish and implement effective guidelines for the use of digital equipment to ensure that images are properly captured, stored and archived. The Department will utilize a dedicated digital imaging management system to store the images and provide a verifiable chain of custody. 711.2 DEFINITIONS The use of standardized definitions will aid in our ability to effectively describe an image, its origin and its storage. (a)Archived Image: Either the primary or original image stored on media suitable for long term storage; (b)Copy Image: A reproduction or information contained in a primary or original image; (c)Digital Image: An image that is stored in numerical form; (d)Digital Imaging: Any systems and/or methods used to capture, store, process, copy, enhance, analyze, transmit, print, or produce an image; (e)Image Enhancement: Any process intended to improve the visual appearance of an image; (f)Native File Format: The file format of the primary image; (g)Original Image: An accurate and complete replica of the primary image, irrespective of media; (h)Primary Image: Refers to the first instance in which an image is recorded onto any media that is a separate, identifiable object or objects. 711.3 PROCEDURE System ‚" The Police Department will use the Veripic Digital Photo Lab for managing digital images. The Department will use a dedicated server that will physically be housed in a secure area of the Police Department. The client terminals will also be maintained in secure areas of the Police Department and not available to the general public. The digital imaging system will only be used by authorized personnel who have received training in the operation of the system. The system will only be used for the purpose of managing official department photographs. The system will not be used for personal photographs of any kind. Palo Alto Police Department Policy Manual Digital Imaging Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Digital Imaging - 507 Administration ‚" The Technical Services Coordinator will oversee the system. The Coordinator will assign one or more police personnel to manage the day to day administrator functions of the system. It is the responsibility of this officer to maintain the system in a working fashion, coordinate software and hardware replacement, add and delete users from the system, and maintain a working relationship with the Information Technologies personnel assigned to the system. Training ‚" Only personnel who have been trained in the use of the digital equipment and Veripic software will be authorized to use it. Personnel will not be given a logon or password if they have not received proper training. Personnel may download photos for other employees that have not been trained to use the system. Personnel shall not share their individual logon or password with others. Use at Crime Scenes ‚" Digital photography has become the industry standard for capturing images. It is no longer recommended that 35mm film systems be used at crime scenes, unless there is a special need for that medium. In some situations the photographer may choose to use 35mm equipment. The Department will maintain at least one serviceable 35mm system for those circumstances. It is strongly recommended that major crime scenes be photographed and the images downloaded before the scene is released. Importing Images ‚" All images downloaded into the Veripic system shall have an incident number. As a reminder, the directions for importing images into Veripic will be posted next to the client terminals. It is the policy of the Department that all images downloaded into Veripic will be tagged with the Incident Number, Designated Report number, primary Offense/Classification, and the address of the event. The following procedures will be used for naming images: (a)Enter the Incident Number in the box titled "Enter New Case Number (30 max length):" Always use the full number with dashes. i.e.: 10-001-0001 (b)Enter the Designated Report (DR) number in the box titled "Description of Media." Leave this area blank if there is no Designated Report Number. Always use the full number with dashes. i.e.: 10-0001 (c)In the box titled "Notes for all media", enter main offense & classification. You may enter more than one offense & classification if desired. (d)Push "Enter" to start a new line and enter the address of the event. Annotating Field Interview Images ‚" All FI photos will be downloaded and tagged as described above. Each photo will then be annotated with the name of the individual in the "Notes for all media" box. See the Veripic instructions for directions on how to annotate individual images. Archiving Images ‚" Acquired images shall be downloaded to the Veripic System at one of the client terminals. In the event of a catastrophic system failure, images may be written directly to a CD or DVD and that medium will be logged into evidence. The images will be copied to the Veripic system at a later time. Palo Alto Police Department Policy Manual Digital Imaging Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Digital Imaging - 508 711.4 FILE FORMAT It is the policy of the Palo Alto Police Department that the native file format of digital images shall be JPEG (file extension .jpg). 711.5 ALTERING OR DISCARDING IMAGES Under no circumstances should a digital photograph taken for evidentiary purposes be deleted, altered or otherwise discarded. All evidence images will be saved regardless of quality or perceived usefulness. Digital images associated with a police report will be kept for as long as is required by the Police Department retention schedule. These images will be kept no less than five (5) years and up to one hundred (100) years (permanent) depending on the type of report. When a case is adjudicated through the court process and all evidence is deemed purged, the Police Records Manager will notify the system administrator, who will ensure that the archived digital images from that report are destroyed as well. 711.6 ENHANCING IMAGES Enhancement of an image is done simply to make the image more viewable. Enhancement is typically done to color balance, brightness and contrast. When an image is enhanced, each step taken to make the enhancement shall be documented on a supplemental report and attached to the original case file. Enhancements shall only be made to a copy of the original image (the original image shall not be altered). 711.7 COMPUTER SECURITY The enterprise server designated for the storing of digital images is currently located in the Communications computer room. The server should only be operated by technicians from the IT division or authorized system administrators. The client terminals are located in the Investigative Services Division and on A level in the Field Services Division. The client terminals should only be used by authorized operators. The system will be password protected to prohibit unauthorized use. No person, other than the system administrator, is authorized to add or delete programs, perform maintenance functions, or otherwise alter the system and software settings. 711.8 USE OF IMAGES Images taken by department personnel during the performance of their official duties should be considered evidence and treated as such. Images should be used for legitimate law enforcement purposes only. No images should be distributed to persons not authorized to receive them. No images taken for evidentiary reasons should be used for entertainment purposes, or otherwise posted or distributed for unauthorized reasons. Palo Alto Police Department Policy Manual Digital Imaging Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Digital Imaging - 509 711.9 OBTAINING IMAGES FOR OFFICIAL USE Images may be delivered to authorized recipients in a variety of formats. Images may be printed, copied to an external hard drive, copied to a jump drive, copied to a CD/DVD, or send by e-mail. If an image/file is needed, the user may export the files directly to the desired media. See the Veripic instructions for directions on how to export images. The Court Liaison will be responsible for obtaining and distributing all images that are requested through an official discovery request. Policy 713 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Patrol Team Boxes - 510 Patrol Team Boxes 713.1 PURPOSE AND SCOPE The Department provides each patrol team equipment to assist in their patrol duties. This equipment is stored inside a Team Box. 713.2 TEAM BOX CONTENTS Each Team Box contains the following equipment: (a)Burris Landmark II Binoculars (b)Yukon Digital Ranger Night Vision (c)Canon Powershot Digital Camera (d)Various associated cords and batteries 713.3 PROCEDURE During daily briefings, a team member should be assigned to carry the Team Box. The team member who is assigned to carry the Team Box should inspect the equipment inside the Team Box at the beginning of the shift and immediately report any missing or damaged equipment to his/her supervisor. The team member that is assigned to carry the Team Box is responsible for the care of all the contents of the Team Box. The Team Box should not be left in the patrol car, but should be stored in the equipment room that is just outside of the briefing room at the end of the assigned team member's shift. Any damaged equipment should be reported to the Staff Assistant for repair or replacement. Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Support Services - 511 Chapter 8 - Support Services Policy 800 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Crime Analysis - 512 Crime Analysis 800.1 PURPOSE AND SCOPE Crime analysis should provide currently useful information to aid operational personnel in meeting their tactical crime control and prevention objectives by identifying and analyzing methods of operation of individual criminals, providing crime pattern recognition, and providing analysis of data from field interrogations and arrests. Crime analysis can be useful to the Department's long range planning efforts by providing estimates of future crime trends and assisting in the identification of enforcement priorities. 800.2 DATA SOURCES Crime analysis data is extracted from many sources including, but not limited to: •Crime reports; •Field Interview cards; •Parole and Probation records; •Calls for Service (CFS); •Collision Investigation Manual (CIM); •RMS (ICIS); •Computer Aided Dispatch (CAD) data; •Statewide Integrated Traffic Reporting System (SWITRS); •Outside law enforcement agency bulletin. 800.3 CRIME ANALYSIS FACTORS The following minimum criteria should be used in collecting data for Crime Analysis: •Frequency by type of crime •Geographic factors •Temporal factors •Victim and target descriptors •Suspect descriptors •Suspect vehicle descriptors •Modus operandi factors •Physical evidence information Palo Alto Police Department Policy Manual Crime Analysis Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Crime Analysis - 513 800.4 CRIME ANALYSIS DISSEMINATION For a crime analysis system to function effectively, information should be disseminated to the appropriate units or persons on a timely basis. Information that is relevant to the operational and tactical plans of specific line units should be sent directly to them. Information relevant to the development of the Department's strategic plans should be provided to the appropriate staff units. When information pertains to tactical and strategic plans, it should be provided to all affected units. Policy 802 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Communication Operations - 514 Communication Operations 802.1 PURPOSE AND SCOPE The basic function of the communications system is to satisfy the immediate information needs of the law enforcement agency in the course of its normal daily activities and during emergencies. The latter situation places the greatest demands upon the communications system and tests the capability of the system to fulfill its functions. Measures and standards of performance are necessary to assess the effectiveness with which any department, large or small, uses available information technology in fulfillment of its missions. 802.1.1 FCC COMPLIANCE Palo Alto Police Department radio operations shall be conducted in accordance with Federal Communications Commission (FCC) procedures and guidelines. 802.2 COMMUNICATION OPERATIONS This department provides 24-hour telephone service to the public for information or assistance that may be needed in emergencies. The Palo Alto Police Department Communications/Dispatch Center also provides 9-1-1 services to the Palo Alto Fire Department, Palo Alto Utilities, Palo Alto Public Works, and the Stanford University Department of Public Safety. The ability of citizens to telephone quickly and easily for emergency service is critical. This department provides access to the 911 system for a single emergency telephone number. This department has two-way radio capability providing continuous communication between the Communications Center and officers. 802.2.1 COMMUNICATIONS LOG It shall be the responsibility of the Communications Center to record all relevant information on calls for criminal and non-criminal service or self-initiated activity. Employees shall attempt to elicit as much information as possible to enhance the safety of the officer and assist in anticipating conditions to be encountered at the scene. Desirable information would include, at a minimum, the following: •Incident number; •Date and time of request; •Name, address and phone number of complainant, if possible; •Type of incident reported; •Location of incident reported; •Identification of officer(s) assigned as primary and backup; •Time of dispatch; •Time of the officer's arrival; •Time of officer's return to service; Palo Alto Police Department Policy Manual Communication Operations Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Communication Operations - 515 •Disposition or status of reported incident. 802.3 RADIO COMMUNICATIONS Operations are more efficient and officer safety is enhanced when dispatchers, supervisors, and fellow officers know the status of officers, their locations and the nature of cases. 802.3.1 OFFICER IDENTIFICATION Identification systems are based on factors such as officer's daily assignment and officer identification numbers. Employees should use the entire call sign when initiating communication with the dispatcher. The use of the call sign allows for a brief pause so that the dispatcher can acknowledge the appropriate unit. Employees initiating communication with other agencies shall use their entire call sign. This requirement does not apply to continuing conversation between the mobile unit and dispatcher once the mobile unit has been properly identified. Refer to the Communications/Dispatch Center Procedure Manual for specific protocols within this unit. Policy 804 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Property and Evidence - 516 Property and Evidence 804.1 PURPOSE AND SCOPE It is the policy of the Palo Alto Police Department to insure that all evidence/property is processed and stored in a manner which provides optimum security against loss, theft or tampering. This policy provides for the proper collection, storage, and security of evidence and other property. Additionally, this policy provides for the protection of the chain of evidence and those persons authorized to remove and/or destroy property. Responsibility for proper handling and storage of evidence/property begins with the employee who has first custody of the evidence/property. This responsibility is then transferred to the Property Technician when the evidence/property is placed in his/her custody. The Investigative Services Division Captain or his/her designee shall have the overall responsibility for the storage and safekeeping of all evidence/property. The Palo Alto Police Department has a full time property unit consisting of two civilian Property/ Evidence Technicians. 804.2 DEFINITIONS Property - Includes all items of evidence, items taken for safekeeping and found property. Evidence - Includes items taken or recovered in the course of an investigation that may be used in the prosecution of a case. This includes photographs and latent fingerprints. Safekeeping - Includes the following types of property: •Property obtained by the [Department/Office] for safekeeping such as a firearm •Personal property of an arrestee not taken as evidence •Property taken for safekeeping under authority of a law (e.g., Welfare and Institutions Code § 5150 (mentally ill persons)) Found property - Includes property found by an employee or citizen that has no apparent evidentiary value and where the owner cannot be readily identified or contacted. 804.3 PROPERTY HANDLING (a)Taking Property - Employees who take property into custody shall, in every instance, place all property obtained in the course of his or her employment in the Department's property system prior to going off duty. In no instance shall property be stored in a personal locker, desk, or other unauthorized locations. (b)Documentation - The employee will prepare a case report or follow-up report and an item submission form describing how, what, when, and where he/she came into possession of the property. Palo Alto Police Department Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Property and Evidence - 517 The employee shall affix the evidence barcode label on the property item or property item container. (c)Inquires - The employee will make appropriate inquires into the State Department of Justice computer regarding serialized or identifiable items of property to determine if the property is reported stolen. 804.3.1 PROPERTY BOOKING PROCEDURE All property must be booked prior to the employee going off-duty unless otherwise approved by a supervisor. Employees booking property shall observe the following guidelines: (a)Complete the property form in the evidence management system describing each item of property separately, listing all serial numbers, owner’s name, finder's name, and other identifying information or markings. (b)Affix the barcode label to the property item or container as to not deface or damage the value of the property. (c)The property shall be stored in a temporary storage locker outside the evidence area until it is received by the Property Technician. (d)For large items that do not fit in the evidence lockers, store the item in the temporary storage locker and email/notify the Property Technicians of the items. (e)A copy of the item submission for shall be included with the police report. 804.3.2 NARCOTICS AND DANGEROUS DRUGS All narcotics and dangerous drugs will be packaged in plastic heat seal bags and heat sealed by the person processing the property/evidence. The gross weight (narcotic substance, packaging and the weight of the sealed bag) will be indicated on the evidence sticker on the sealed bag. If a large amount or type of narcotic or dangerous drug prohibits the use of plastic heat seal bags, other types of containers may be used. However, all containers will be sealed sufficiently to prevent tampering. Marijuana plants will be packaged in a manner which will allow them to dry out. Each plant will be tagged with the case number written on the tag. When the plants are dry, they will be packaged for long term storage by the property and evidence technician. Marijuana plants will not be weighed, but will be photographed and counted and described by height and any further detail on the property sheet. 804.3.3 EXPLOSIVES Explosives that are known or suspected to be armed or live, other than fixed ammunition, should not be brought to the police facility. All fireworks, railroad flares, or fuses that are considered safe will be transported to theMunicipal Service Center to be stored in the locked Hazardous Palo Alto Police Department Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Property and Evidence - 518 Meterials Evidence Shed. Any person placing evidence in the shed shall notify the Property/ Evidence Technicians of the items placed there for proper labeling and processing. Officers who encounter an explosive device shall immediately notify their immediate supervisor and/or Watch Commander. The Bomb Squad will be called to handle situations involving explosive devices and all such devices will be released to them for disposal. The District Attorney's office should be contacted to determine the necessity for retaining the explosive material for evidence. 804.3.4 EXCEPTIONAL HANDLING Certain property items require a separate process. The following items shall be processed in the described manner: (a)Bodily fluids such as blood or semen stains shall be air dried prior to booking (b)Wet Items shall be air dried in the temporary storage room. The officer who submitted these items shall be responsible for returning to the temporary storage room and submitting the items into the property room. (c)License plates found not to be stolen or connected with a known crime, should be released directly to the property and evidence technician, or placed in the designated container for return to the Department of Motor Vehicles. No formal property booking process is required (d)All bicycles and bicycle frames require a property record. Property tags will be securely attached to each bicycle or bicycle frame. The property may be released directly to the property and evidence technician, or placed in the bicycle storage area until a property and evidence technician can log the property (e)Monies of all types submitted to the evidence room shall be packaged in heat sealed plastic bags and stored in the safe located inside of the property room. The money shall be counted by two police department employees prior to booking and a barcode label shall be placed on the heat sealed bag. Both employees should initial the heat seal. The property sheet should indicate the numbered denominations of each type of bill booked and the names of the two persons who counted the money. (f)When property room personnel release money, they shall seek out an ISD supervisor or another employee of equal or superior rank and open the sealed bag in their presence. The money shall be counted at that time. (g)When money is deposited in the city's Revenue Collections Facility, the proeprty room personnel shall fill out a Transit Tag indicating the case number and the amount being deposited. The staff of Revenue Collections will verify the amount and sign the Transit Tag, acknowledging receipt of the cash. One copy of that receipt shall be affixed to the original property report, the other maintained in the property room file or a copy may Palo Alto Police Department Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Property and Evidence - 519 be scanned into the evidence manage-ment system. A hard copy of the transactions shall be maintained by the Property/Evidence Technician. (h)City property, unless connected to a known criminal case, should be released directly to the appropriate City department. No formal booking is required. In cases where no responsible person can be located, the property should be booked for safekeeping in the normal manner. 804.3.5 RELINQUISHED FIREARMS Individuals who relinquish firearms pursuant to the provisions of Penal Code § 29850 shall be issued a receipt that describes the firearm, the serial number or other identification of the firearm at the time of relinquishment (Penal Code § 29810). Relinquished firearms shall be retained for 30 days, after which time they may be destroyed, retained, sold or otherwise transferred, unless (Penal Code § 29810): (a)A certificate is issued by a judge of a court of record or the District Attorney stating the firearms shall be retained; or (b)The convicted person provides written notice of an intent to appeal the conviction that necessitated the relinquishment; or (c)The Automated Firearms System indicates that the firearm was reported lost or stolen. 1.In such event, the firearm shall be restored to the lawful owner as soon as it is no longer needed as evidence, the lawful owner has identified the weapon and provided proof of ownership, and the [Department/Office] has complied with the requirements of Penal Code § 33850 et seq. The property and evidence technician shall ensure the Records Manager is notified of the relinquished firearm for purposes of updating the Automated Firearms System and the disposition of the firearm for purposes of notifying the California Department of Justice (DOJ) (See the Technical Services Division Policy). 804.4 PACKAGING OF PROPERTY Certain items require special consideration and shall be booked separately as follows: (a)Narcotics and dangerous drugs. (b)Syringes shall be placed in the puncture proof tubes provided in the evidence packaging area. An exception to this would be new, unused syringes that are still in the original factory package. (c)Firearms - an employee accepting custody of a firearm shall insure that the firearm is unloaded prior to accepting it. When the firearm is taken into custody in a loaded status (i.e., taken from a suspect), the officer taking the firearm into custody shall unload it as soon as possible and always before transferring custody to another person. All Palo Alto Police Department Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Property and Evidence - 520 firearms will be handled and transferred from one person to another with cylinders open, magazines removed, bolts opened and locked and chambers cleared, safety on. (d)If for some reason such as damage, malfunction, or maintaining the firearms condition for evidentiary purposes, the firearm cannot be unloaded, the person having custody of it shall insure that the status is given to the person to whom the firearm is transferred. If the loaded firearm is deposited into a temporary storage locker, it will be clearly marked and a explanation of its loaded status attached for the property and evidence technician to read. The property and evidence technician shall make arrangements for unloading any firearms that were not unloaded prior to securing them into the property/ evidence room. (e)The Property/Evidence Technician will maintain a log of all older case firearms that are retained for destruction. The log will contain the case number, make, model, serial number and disposition. All newer case firearm dispositions will be maintained in the evidence management system. (f)Flammables - Per Palo Alto Fire Code §79.201(E), flammable liquids shall not be stored at the Police Department. If it is necessary to retain flammable liquids that are considered safe in their present form, the liquids shall be transported to the Municipal Service Center to be stored in the locked Hazardous Materials Evidence Shed. Any person placing evidence in the shed shall notify the Property/Evidence Technicians of the items placed there for proper labelling and processing. The District Attorney's office advises that in misdemeanor cases such as siphoning gas, the gasoline does not need to be retained as evidence. Photos of suspect and evidence should be taken and placed into evidence, identified with case number. In felony cases, the District Attorney's office should be contacted and asked whether the flammable material should be retained as evidence or whether it may be disposed of. Paraphernalia as described in Health & Safety Code § 11364 and Business and Profession Code § 4140. (g)Perishables - Perishable items such as shoplifted food shall not be brought to the police station as evidence. They should be photographed and returned to the storekeeper. The case number and date should be shown in the photograph. When possible, price tags shall be retained to show the value of the items taken. No perishable items will be retained for safekeeping since we have no sanitary means to store them. Perishable items shall be disposed of by the officer and not be booked into the property room. (h)Items submitted for processing for Latent Fingerprints - These items shall be packaged in such a manner that the property and evidence technician will be able to remove them from the temporary storage lockers without contaminating the items(s) with their own fingerprints. The employee should indicate within the evidence management system that a specific item has a need for lab processing. Palo Alto Police Department Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Property and Evidence - 521 (i)Trace Evidence - Items that are suspected to contain trace evidence shall be packaged and sealed in such a manner to protect them from any cross contamination with any other items, and to ensure that the suspected trace evidence is not lost during transportation and storage. (j)Bio-hazards - Any item that is suspected to contain any bodily fluid, or is in any way suspected of representing a threat to personnel, who may handle the item, must be clearly marked as such. The item submission form shall also have a notation that a bio- hazard is suspected. This designation can be accomplished with the provided "Bio- Hazard" labels, or clear and prominent labeling by the submitting officer. The property room should not be considered a conduit for the disposal of bio-hazard materials. Officers who come into possession of such items that are not of any evidentiary value shall dispose of the item(s) at the Stanford Hospital Emergency room. 804.4.1 PACKAGING CONTAINER For most items submitted into property, no special packaging is required. Items should be marked with the barcode label. Employees shall package all property, except narcotics and dangerous drugs in a suitable container available for its size. It shall be the responsibility of the Property Technician to package the items for storage in a manner that preserves the evidentiary value and conserves space in the property room. 804.4.2 PACKAGING NARCOTICS Prior to packaging and if the quantity allows, a presumptive test should be made on all suspected narcotics. If conducted, the results of this test shall be included in the officer's report. Narcotics and dangerous drugs shall be packaged in heat sealed bags. If the substance requires laboratory analysis, the employee should package the substance in the clear bage with the label affixed. The employee should fill out the label on the bag, place the substance in the bag, heat seal the bag and write their initials over the heat seal. The gross weight of the bag and the substance (without the barcode label) should be documented in the evidence managment system. The chain of evidence shall be recorded on the label. Narcotics and dangerous drugs shall not be packaged with other property. 804.5 RECORDING OF PROPERTY The Property and Evidence Technician receiving custody of the evidence or property shall scan in each item and assign the item to a location within the evidence room using the evidence management system. Any changes in the location of property held by the Palo Alto Police Department shall be noted within the evidence management system. Palo Alto Police Department Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Property and Evidence - 522 804.6 PROPERTY CONTROL Each time the property and evidence technician receives property or releases property to another person, he/she shall enter this information on the property control card. Officers desiring property for court shall contact the property and evidence technician at least one day prior to the court day. 804.6.1 RESPONSIBILITY OF OTHER PERSONNEL Request for analysis for items other than narcotics or drugs shall be completed on the appropriate forms and submitted to the Property Technician. This request may be filled out any time after booking of the property or evidence. 804.6.2 TRANSFER OF EVIDENCE TO CRIME LABORATORY Items requiring laboratory analysis shall be turned into the property room. The officer shall indicate on the item submission form within the evidence management system what type of analysis is required. It shall be the responsibility of the Property Technician to take items requiring analysis to the laboratory at least once per week, and more often if required. All items taken to the lab shall be recorded in the crime lab log book maintained in the property room. While at the lab, the Property Technician shall pick up and return to the property room all items on which a lab examination has been completed. These items shall be placed in the property room. 804.6.3 STATUS OF PROPERTY Each person receiving property will make the appropriate entry in the evidence management system to document the chain of evidence. Temporary release of property to officers for investigative purposes, or for court, shall be noted in the evidence management system, stating the date, time and to whom released. The Property Technician shall obtain the signature of the person to whom property is released, and the reason for release. Any employee receiving property shall be responsible for such property, until it is properly returned to property or properly released to another authorized person or entity. The return of the property should be recorded in the evidence management system, indicating date, time, and the person who returned the property. 804.6.4 AUTHORITY TO RELEASE PROPERTY The Investigative Services Division Captain shall authorize the disposition or release of all evidence and property coming into the care and custody of the Department. 804.6.5 RELEASE OF PROPERTY All reasonable attempts shall be made to identify the rightful owner of found property or evidence not needed for an investigation. Release of property documentation will be maintained within the evidence management system. The Property/Evidence Technicians will be responsible for this process. With the exception of firearms and other property specifically regulated by statute, found property and property held for safekeeping shall be held for a minimum of 90 days. During such period, Palo Alto Police Department Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Property and Evidence - 523 property personnel shall attempt to contact the rightful owner by telephone and/or mail when sufficient identifying information is available. Property not held for any other purpose and not claimed within 90 days after notification (or receipt, if notification is not feasible) may be auctioned to the highest bidder at a properly published public auction. If such property is not sold at auction or otherwise lawfully claimed, it may thereafter be destroyed (Civil Code § 2080.6). The final disposition of all such property shall be fully documented in related reports. A Property/Evidence Technician shall release the property upon proper identification being presented by the owner or his/her designee. A signature of the person receiving the property shall be recorded within the evidence management system. Periodically, the Property/Evidence Technician shall submit a disposition report to the Technical Services Division, to allow for data entry into the records management system. Under no circumstances shall any firearm be returned to any individual unless and until such person presents valid identification and written notification from the California Department of Justice that conforms to the provisions of Penal Code § 33865. The Property and Evidence Section Supervisor should also make reasonable efforts to determine whether the person is the subject of any court order preventing the person from possessing a firearm and if so, the firearm should not be released to the person while the order is in effect. The Department is not required to retain any firearm or other deadly weapon longer than 180 days after notice has been provided to the owner that such firearm or other deadly weapon is available for return. At the expiration of such period, the firearm or other deadly weapon may be processed for disposal in accordance with applicable law (Penal Code § 33875). 804.6.6 DISPUTED CLAIMS TO PROPERTY Occasionally more than one party may claim an interest in property being held by the [Department/ Office], and the legal rights of the parties cannot be clearly established. Such property shall not be released until one party has obtained a valid court order or other undisputed right to the involved property. All parties should be advised that their claims are civil and in extreme situations, legal counsel for the [Department/Office] may wish to file an interpleader to resolve the disputed claim (Code of Civil Procedure § 386(b)). 804.6.7 RELEASE OF FIREARM IN DOMESTIC VIOLENCE MATTERS Within five days of the expiration of a restraining order issued in a domestic violence matter that required the relinquishment of a firearm, the property and evidence technician shall return the weapon to the owner if the requirements of Penal Code § 33850 and Penal Code § 33855 are met unless the firearm is determined to be stolen, evidence in a criminal investigation or the individual is otherwise prohibited from possessing a firearm (Family Code 6389(g); Penal Code § 33855). Palo Alto Police Department Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Property and Evidence - 524 804.6.8 RELEASE OF FIREARMS AND WEAPONS IN MENTAL ILLNESS MATTERS Firearms and other deadly weapons confiscated from an individual detained for an evaluation by a mental health professional or subject to the provisions of Welfare and Institutions Code § 8100 or Welfare and Institutions Code § 8103 shall be released or disposed of as follows: (a)If a petition for a hearing regarding the return of the weapon has been initiated pursuant to Welfare and Institutions Code § 8102(c), the weapon shall be released or disposed of as provided by an order of the court. If the court orders a firearm returned, the firearm shall not be returned unless and until the person presents valid identification and written notification from the California Department of Justice (DOJ) which conforms to the provisions of Penal Code § 33865. (b)If no petition has been initiated pursuant to Welfare and Institutions Code § 8102(c) and the weapon is not retained as evidence, the [Department/Office] shall make the weapon available for return. No firearm will be returned unless and until the person presents valid identification and written notification from the California DOJ which conforms to the provisions of Penal Code § 33865. (c)Unless the person contacts the [Department/Office] to facilitate the sale or transfer of the firearm to a licensed dealer pursuant to Penal Code § 33870, firearms not returned should be sold, transferred, destroyed or retained as provided in Welfare and Institutions Code § 8102. 804.6.9 WITHDRAWAL AND RETURN OF EVIDENCE An integral part of effective management of a property/evidence function is adequate control and recording of withdrawal and return of evidence. Transferring possession of evidence from one person to another is known as the chain of possession. Accurate records of each change of possession are paramount for prevention of tainted evidence, loss of evidence and for effective prosecution of a case. Properly controlled chain of possession of evidence and also prevent embarrassment to the Department and discipline of employees. Adherence to the procedures set forth in this policy will result in the complete recording of each change of possession and location of all evidence. The last person in the chain shall be the person who has custody of and is responsible for the proper care and preservation of the evidence. DEFINITIONS: INTRA-AGENCY: The property/evidence does not leave the Palo Alto Police Department (i.e., viewing for identification). INTER-AGENCY: The property/evidence does leave the Palo Alto Police Department (i.e., laboratory examination or court). RETURN OF PROPERTY: Return of property as used in this order, means return to the custody of the Property Technician. Palo Alto Police Department Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Property and Evidence - 525 804.6.10 PROCEDURE (a)Withdrawal for intra-agency reasons: 1.Who Can Request Withdrawal - only the employee assigned to investigate a case or an employee authorized by that person will be permitted to withdraw evidence; 2.Advance Notice - the employee desiring to withdraw evidence will give the Property Technician advance notice of which evidence is needed and when it is needed; 3.Property Technician Responsibility - the Property Technician will retrieve the evidence from storage and assemble it for release at the pre-arranged time. The Property/Evidence Technician shall record the transaction in the evidence management system. The employee receiving the evidence will sign the record acknowledging receipt. (b)Withdrawal for inter-agency reasons: In addition to 1-3 above, the following will also occur whenever the property is withdrawn for inter-agency purposes: 1.Transfer Documentation -The Property/Evidence Technician will record the transfer of the property in the evidence management systm indicating the name of the person withdrawing the property, the destination of the property and the barcode number. (c)Return ofevidence: The employee returning property to the evidence room shall place the evidence in a locker and secure the lock. (d)Discrepencies: The Investigative Services Division supervisor will be notified as soon as possible of any discrepencies between the evidence withdrawn ad the evidence returned. (e)Evidence Romm Safe Access: Only the two full time Property/Evidence Technicians and the hourly Property/Evidence Technician shall have the combination to the evidence room safe. All money and jewelry made of precious metal and stones shall be stored in the evidence room safe. All items stored in the safe shall be assigned a case number and item number and logged into the evidence management system. 804.6.11 RELEASE OF FIREARMS IN GUN VIOLENCE RESTRAINING ORDER MATTERS Firearms and ammunition that were taken into temporary custody or surrendered pursuant to a gun violence restraining order shall be returned to the restrained person upon the expiration of the order and in accordance with the requirements of Penal Code § 33850 et seq. (Penal Code § 18120). If the restrained person who owns the firearms or ammunition does not wish to have the firearm or ammunition returned, he/she is entitled to sell or transfer title to a licensed dealer, provided that Palo Alto Police Department Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Property and Evidence - 526 the firearms or ammunition are legal to own or possess and the restrained person has right to title of the firearms or ammunition (Penal Code § 18120). If a person other than the restrained person claims title to the firearms or ammunition surrendered pursuant to Penal Code § 18120 and the Palo Alto Police Department determines him/her to be the lawful owner, the firearms or ammunition shall be returned in accordance with the requirements of Penal Code § 33850 et seq. (Penal Code § 18120). Firearms and ammunition that are not claimed are subject to the requirements of Penal Code § 34000. 804.7 DISPOSITION OF PROPERTY All property not held for evidence in a pending criminal investigation or proceeding, and held for 90 days or longer where the owner has not been located or fails to claim the property, may be disposed of in compliance with existing laws upon receipt of proper authorization for disposal. The property and evidence technician shall request a disposition or status on all property which has been held in excess of 90 days, and for which no disposition has been received from a supervisor or detective. 804.7.1 EXCEPTIONAL DISPOSITIONS The following types of property shall be destroyed or disposed of in the manner, and at the time prescribed by law, unless a different disposition is ordered by a court of competent jurisdiction: •Weapons declared by law to be nuisances (Penal Code § 29300; Penal Code § 18010; Penal Code § 32750) •Animals, birds, and related equipment that have been ordered forfeited by the court (Penal Code § 599a) •Counterfeiting equipment (Penal Code § 480) •Gaming devices (Penal Code § 335a) •Obscene matter ordered to be destroyed by the court (Penal Code § 312) •Altered vehicles or component parts (Vehicle Code § 10751) •Narcotics (Health and Safety Code § 11474 et seq.) •Unclaimed, stolen or embezzled property (Penal Code § 1411) •Destructive devices (Penal Code § 19000) •Sexual assault evidence (Penal Code § 680(e)) 804.7.2 UNCLAIMED MONEY If found or seized money is no longer required as evidence and remains unclaimed after three years, the [Department/Office] shall cause a notice to be published each week for a period of two consecutive weeks in a local newspaper of general circulation (Government Code § 50050). Such notice shall state the amount of money, the fund in which it is held and that the money will become Palo Alto Police Department Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Property and Evidence - 527 the property of the agency on a designated date not less than 45 days and not more than 60 days after the first publication (Government Code § 50051). Any individual item with a value of less than $15.00, or any amount if the depositor/owner's name is unknown, which remains unclaimed for a year or by order of the court, may be transferred to the general fund without the necessity of public notice (Government Code § 50055). If the money remains unclaimed as of the date designated in the published notice, the money will become the property of this [department/office] to fund official law enforcement operations. Money representing restitution collected on behalf of victims shall either be deposited into the Restitution Fund or used for purposes of victim services. 804.7.3 RETENTION OF BIOLOGICAL EVIDENCE The Property and Evidence Section Supervisor shall ensure that no biological evidence held by the [Department/Office] is destroyed without adequate notification to the following persons, when applicable: (a)The defendant (b)The defendant’s attorney (c)The appropriate prosecutor and Attorney General (d)Any sexual assault victim (e)The Investigative Services Division supervisor Biological evidence shall be retained for either a minimum period that has been established by law (Penal Code § 1417.9) or that has been established by the Property and Evidence Section Supervisor, or until the expiration of any imposed sentence that is related to the evidence, whichever time period is greater. Following the retention period, notifications should be made to inform the recipient that the evidence will be destroyed after a date specified in the notice unless a motion seeking an order to retain the sample is filed and served on the [Department/Office] within 180 days of the date of the notification. Any objection to, or motion regarding, the destruction of the biological evidence should be retained in the appropriate file and a copy forwarded to the Investigative Services Division supervisor. Biological evidence related to a homicide shall be retained indefinitely and may only be destroyed with the written approval of the Chief of Police and the head of the applicable prosecutor’s office. Biological evidence or other crime scene evidence from an unsolved sexual assault should not be disposed of prior to expiration of the statute of limitations and shall be retained as required in Penal Code § 680. Even after expiration of an applicable statute of limitations, the Investigative Services Division supervisor should be consulted and the sexual assault victim shall be notified at least 60 days prior to the disposal (Penal Code § 680). Reasons for not analyzing biological evidence shall be documented in writing (Penal Code § 680.3). Palo Alto Police Department Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Property and Evidence - 528 804.7.4 AUTHORITY FOR DISPOSAL PROCEDURE Upon a confirmed determination of a case's final adjudication, the Property Technician will review the original police report to ascertain the appropriate disposition of property/evidence as described in this order. In the instances where it is not clear, based on the police report, whom the property should be released to, or if it should be considered contraband, the Property/Evidence Technician will speak to the investigating officer seeking written direction as to how to proceed with the disposition of the property/evidence. 804.7.5 RETURN OF PROPERTY TO OWNER OR CLAIMANT Upon a determination that property/evidence should be returned to an owner or claimant, the Property Technician will prepare a property release notice letter and mail it to the owner of the property. (a)Owner Responds - if the owner of the property responds, the property will be released only after proof of ownership and satisfactory identification have been presented to the Property Technician. Proof of ownership may be determined by possession of receipt, bill of sale, court decision, or undisputed claim to right of the property. Driver's licenses, passports, military identification or other identification with a photograph is considered satisfactory identification. If the property owner has no identification bearing a photograph, the Property Technician will determine whether or not identification is satisfactory. 1.The Property/Evidence Technician will require the owner of the property to place their signature into the evidence management system upon taking possession of the property. (b)Owner Does Not Respond - if the owner does not claim the property within 30 days after notification is mailed, the property will be disposed of in accordance with the provisions of this order. 804.7.6 DISPOSAL BY SALE/AUCTION (a)Unclaimed Property - property which is not claimed by the owner may be sold at auction in accordance with Palo Alto Municipal Code § 2.30.170 (b)Auctions - will be arranged by the Purchasing Department. The Property Technician will complete a "Surplus Supplies & Equipment" form listing the property to be sold and deliver the form and property to the Stores facility at the Municipal Service Center. He/she will obtain the signature of the Stores facility staff acknowledging receipt of the property and retain a copy of the surplus supplies form. Municipal Code 2.31.040 804.7.7 DISPOSAL BY AGENCE USE Civil Code § 2080.4 and Penal Code § 1411 provide that if a city or county has enacted an enabling ordinance, certain unclaimed property held in the custody of the agency may be retained for the Palo Alto Police Department Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Property and Evidence - 529 agency or other public use, rather than being sold or destroyed (Penal Code §§ 12028 and 12030 provide the authority for acquisition of firearms for agency use). Requests for retention of property for Department use will be recorded on a "Surplus Property Form" with the statement "Request retention of listed property for Department use pursuant to Civil Code § 2080.4, and Penal Code § 1411. The request will be signed by the Chief of Police and the Director of Purchasing. A copy of the Surplus Supplies Form shall be retained in the property room. (a)Firearms - if the property to be retained by the Department is a firearm, the Property Technician will also cause an entry to be made into the Department of Justice automated firearms system institution file. (b)Personal Use - under no circumstances will property acquired as evidence or found property be used for personal or non-Departmental purposes. 804.7.8 DISPOSAL BY DESTRUCTION (a)Controlled Substances and Associated Paraphernalia 1.Destruction Pursuant to a Court Order - drugs to be destroyed will be recorded on a drug destruction log and placed in a box for destruction. The Investigative Services Division Property Crimes Supervisor or their designee and Property Technician will inventory the drugs when the box is full. When all drugs listed on the destruction log are accounted for, the box will be sealed with tamper-proof tape. The supervisor and Property Technician will date and sign the seal. 2.The Property Technician will make application for a court order to destroy all controlled substances and associated paraphernalia except as provided in paragraph D-2 of this general order. The application will list descriptions, quantities, weights, docket number and the defendant's name for each item to be destroyed. Upon receipt of the court order, the Property Technician will arrange for the material to be destroyed as follows: (a)By burning or another method approved by the Department head or designee. The destruction of the material will be witnessed by at least the Property Technician and two armed detectives from ISD. 3.Destruction will be accomplished on an as needed basis. 4.Destruction Not Pursuant to a Court Order - in instances when the weight of a suspected controlled substance is substantial and it is not reasonably possible to preserve the material in place or move it to another location. Controlled substance in excess of ten pounds, or the hazardous chemical, which was used or intended for use in the unlawful manufacture of controlled substances, and are in excess of two ounces and its container may be destroyed without a court order when all of the following conditions have been met: Palo Alto Police Department Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Property and Evidence - 530 (b)At least five random and representative samples of the suspected controlled substance (ten or more pounds) have been taken for evidence, and; (c)At least one 2-ounce sample has been taken from each suspected hazardous chemical, and; (d)Photographs have been taken which reasonably demonstrate the total amount of the suspected controlled substance or suspected hazardous chemical container, and; (e)The gross weight of the suspected controlled substance or suspected hazardous chemical has been determined by either weighing or estimating after dimensional measurement, and; (f)The Police Chief or designee has determined that it is not reasonably possible to preserve all of the suspected controlled substance or suspected hazardous chemical in place or suspected hazardous chemical in place or to move it to another location. (g)An affidavit, stating that the above conditions have been met, will be filed in court within thirty days following the destruction of the suspected controlled substance or suspected hazardous chemical by the person causing the destruction. (h)Records concerning the details of the compliance with Health and Safety Code § 11479 will be filed with the case report. 804.7.9 FIREARMS AND WEAPONS Firearms defined as "Nuisances" by Penal Code § 12028 be destroyed by the Department. Destruction of firearms and weapons will be accomplished by melting, chopping, or some other means as equally destructive, in the presence of the Property Technician and will be witnessed by at least two armed police officers. The Property Technician will prepare and retain a list of all firearms and weapons which have been destroyed. The list will contain the make, model, type, caliber and serial number of each weapon destroyed and will be dated and signed by the Property Technician and witness. A copy of the list will be given to the Records Manager, who will be responsible for updating the automated firearms system. The Property/Evidence Technician will record the destruction date of each firearm/weapon on the original property sheet with their signature or in the evidence management system. Weapons defined as "Destructive Devices" by Penal Code § 12301 and machine guns described in Penal Code § 12251, which were unlawfully possessed, must be surrendered to the California Department of Justice unless a certificate, signed by a judge or district attorney, is filed with the California Department of Justice stating that the preservation of such destructive devices or machine guns is necessary to serve the ends of justice. 804.8 INSPECTIONS OF THE EVIDENCE ROOM Internal audits of the property and evidence in storage will be performed periodically, no less than twice a year, by police personnel. Such audits will be unannounced for the purpose of ensuring Palo Alto Police Department Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Property and Evidence - 531 integrity of the property/evidence system. Audits will be performed under the auspices of the Investigative Services Division Captain, who will submit a written report to the Chief of Police. Any discrepancies found will be thoroughly investigated and corrective action taken if necessary. Audits by the City Auditor or other independent party authorized by the Chief shall be conducted at least once a year. 804.9 SECURITY OF STORAGE AREAS Property storage areas will be secured during all non-business hours and during business hours whenever the Property Technician is absent. The Property Technician and/or other authorized persons will be responsible for securing all areas upon leaving. When the Property Technician is absent the property storage areas may only be entered when: (a)Emergency - a circumstance of emergency exists or access is necessary to store or retrieve property which cannot wait for the availability of the Property Technician. (b)Authorization - the person entering the storage area must be authorized by the Investigative Services Division (ISD) Captain. 1.Exception - an exception to the above two provisions is that the Watch Commander has access to the small storage cage for the purpose of storing large items in the absence of the Property Technician. (c)Property Storage area keys: Only the following keys to the property storage areas are authorized: 1.One complete set of keys (to the main property room, supplementary storage areas, all temporary storage lockers and the alarm system) will be assigned to the Property Technicians; 2.One complete duplicate set of keys will be assigned to the ISD Captain and kept in a secured designated place; 3.One key to the temporary storage room will be assigned to the Watch Commander; 4.Duplications or possession of keys to the property storage areas' alarms is prohibited without the express permission of the ISD Captain and the Chief of Police; 5.Locks to the property storage areas and the property storage areas' alarm system will be re-keyed and the safe combination changed whenever a Property Technician is reassigned. 804.9.1 REPORTING OF SUSPICIOUS CIRCUMSTANCES The Property Technician will notify the Investigative Services Division (ISD) Captain immediately upon discovery of any signs of tampering, unauthorized entry, or other suspicious circumstances and will initiate a case report with complete details. Palo Alto Police Department Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Property and Evidence - 532 The ISD Captain will review the report and cause a formal investigation to be initiated if warranted. Policy 806 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Technical Services Division - 533 Technical Services Division 806.1 PURPOSE AND SCOPE This policy establishes the guidelines for the operational functions of the Palo Alto Police Department Technical Services Division. The policy addresses [department/office] file access and internal requests for case reports. 806.2 POLICY It is the policy of the Palo Alto Police Department to maintain [department/office] records securely, professionally, and efficiently. 806.3 RESPONSIBILITIES 806.3.1 RECORDS MANAGER The Chief of Police shall appoint and delegate certain responsibilities to a Records Manager. The Records Manager shall be directly responsible to the Administrative Services Division Captain or the authorized designee. The responsibilities of the Records Manager include but are not limited to: (a)Overseeing the efficient and effective operation of the Technical Services Division. (b)Scheduling and maintaining Technical Services Division time records. (c)Supervising, training, and evaluating Technical Services Division staff. (d)Maintaining and updating a Technical Services Division procedure manual. (e)Ensuring compliance with established policies and procedures. (f)Supervising the access, use, and release of protected information (see the Protected Information Policy). (g)Establishing security and access protocols for case reports designated as sensitive, where additional restrictions to access have been implemented. Sensitive reports may include, but are not limited to: 1.Homicides. 2.Cases involving [department/office] members or public officials. 3.Any case where restricted access is prudent. 806.3.2 TECHNICAL SERVICES DIVISION The responsibilities of the Technical Services Division include but are not limited to: (a)Maintaining a records management system for case reports. (a)The records management system should include a process for numbering, identifying, tracking, and retrieving case reports. (b)Entering case report information into the records management system. Palo Alto Police Department Policy Manual Technical Services Division Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Technical Services Division - 534 1.Modification of case reports shall only be made when authorized by a supervisor. (c)Providing members of the [Department/Office] with access to case reports when needed for investigation or court proceedings. (d)Maintaining compliance with federal, state, and local regulations regarding reporting requirements of crime statistics. This includes reporting statistical data to the California Department of Justice (DOJ) for: 1.All officer-involved shootings and incidents involving use of force resulting in serious bodily injury (Government Code § 12525.2). 2.Suspected hate crimes (Penal Code § 13023). 3.Complaints of racial bias against officers (Penal Code § 13012; Penal Code § 13020). 4.Civilian complaints made against officers (Penal Code § 832.5; Penal Code § 13012). 5.Stop data required by Government Code § 12525.5 and 11 CCR 999.226. (a)The reported information must not contain personally identifiable information of the person stopped or other information exempt from disclosure pursuant to Government Code § 12525.5 (11 CCR 999.228). (e)Maintaining compliance with federal, state, and local regulations regarding criminal history reports and auditing. (f)Identifying missing case reports and notifying the responsible member’s supervisor. (g)Updating the Automated Firearms System to reflect any firearms relinquished to the [Department/Office] and the subsequent disposition to the DOJ pursuant to Penal Code § 34010 (Penal Code § 29810). (h)Maintaining compliance with the state and DOJ reporting requirements regarding the number of transfers of individuals to immigration authorities and offenses that allowed for the transfers (Government Code § 7284.6(c)(2)). 806.3.3 TECHNICAL SERVICES DIVISION PROCEDURE MANUAL The Records Manager should establish procedures that address: (a)Identifying by name persons in reports. (b)Classifying reports by type of incident or crime. (c)Tracking reports through the approval process. (d)Assigning alpha-numerical records to all arrest records. (e)Managing a warrant and wanted persons file. 806.4 DETERMINATION OF FACTUAL INNOCENCE In any case where a person has been arrested by officers of the Palo Alto Police Department and no accusatory pleading has been filed, the person arrested may petition the [Department/Office] to destroy the related arrest records. Petitions should be forwarded to the Administrative Services Palo Alto Police Department Policy Manual Technical Services Division Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Technical Services Division - 535 Supervisor. The Administrative Services Supervisor should promptly contact the prosecuting attorney and request a written opinion as to whether the petitioner is factually innocent of the charges (Penal Code § 851.8). Factual innocence means the accused person did not commit the crime. Upon receipt of a written opinion from the prosecuting attorney affirming factual innocence, the Administrative Services Supervisor should forward the petition to the Investigative Services Supervisor and the City Attorney for review. After such review and consultation with the City Attorney, the Investigative Services Supervisor and the Administrative Services Supervisor shall decide whether a finding of factual innocence is appropriate. Upon determination that a finding of factual innocence is appropriate, the Administrative Services Supervisor shall ensure that the arrest record and petition are sealed for later destruction and the required notifications are made to the California DOJ and other law enforcement agencies (Penal Code § 851.8). The Administrative Services Supervisor should respond to a petition with the [Department/Office]’s decision within 45 days of receipt. Responses should include only the decision of the [Department/ Office], not an explanation of the analysis leading to the decision. 806.5 FILE ACCESS AND SECURITY The security of files in the Technical Services Division must be a high priority and shall be maintained as mandated by state or federal law. All case reports including but not limited to initial, supplemental, follow-up, evidence, and any other reports related to a police [department/office] case, including field interview (FI) cards, criminal history records, and publicly accessible logs, shall be maintained in a secure area within the Technical Services Division, accessible only by authorized members of the Technical Services Division. Access to case reports or files when Technical Services Division staff is not available may be obtained through the Watch Commander. The Technical Services Division will also maintain a secure file for case reports deemed by the Chief of Police as sensitive or otherwise requiring extraordinary access restrictions. 806.6 ORIGINAL CASE REPORTS Generally, original case reports shall not be removed from the Technical Services Division. Should an original case report be needed for any reason, the requesting [department/office] member shall first obtain authorization from the Records Manager. All original case reports removed from the Technical Services Division shall be recorded on a designated report check-out log, which shall be the only authorized manner by which an original case report may be removed from the Technical Services Division. All original case reports to be removed from the Technical Services Division shall be photocopied and the photocopy retained in the file location of the original case report until the original is returned to the Technical Services Division. The photocopied report shall be shredded upon return of the original report to the file.