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HomeMy Public PortalAboutPRR 15-1962RECORDS REQUEST (the "Request") Date of Request: 10/7/15 Requestor's Request ID#: 1136 REQUESTEE: Custodian of Records Town of Gulf Stream REQUESTOR: Commerce Group, Inc. REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at records(i�commerce-groumcom Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Provide a copy of all policies that are currently in effect or are in force (or were previously in effect) relative to the Gulf Stream Police Department for the period beginning January 1, 2010 through October 7, 2015 which are in the Dossession of the Town of Gulf Stream. ADDITIONAL INFORMATION REGARDING REQUEST: The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream. its Commissioners. its Manager, its emolovees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetanole, Broeker & Varkus; Richman Greer, PA; and Jones, Foster. Johnston & Stubbs. (including, without limitation, the attorneys, employees and partners of each such law film.) THIS REQUEST IS MADE PURSUANT TO ARTICLE L SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDASTATUTES IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED. SEE Lit 19.01(2)(Fl. FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM. IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALSO PLEASE TAKE. NOTE OF 51 I9.07(I)(Hl OF THE FLORIDA STATUTES, IN HICH PROVIDES THAT"IF A CIVIL A(710N 1S INSTrrUTED WITHINTHE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES'." ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E-MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requestor approve or any casts, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance orany costs imposed to the Requestor by the Agency. "BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES". I/P/NP/FLRR 07.28.2015 " alf"SM& I / I I�� Garrett J. Ward Chief of Police 10/01/2006 GULF STREAM POLICE DEPARTMENT ORGANIZATIONAL CHART Chief Of Police Lieutenant Sergeant Sergeant Police Officers, Part Time Officers & Code Enforcement OOLF STR$4 V VIUM / l� ✓ a&e 9 0,-tCE 0"A ejt4 1 DepaW z& GARRETT J. WARD I\ P�"n Beene Co°c� Chief of Police 1, I FLA.I _f MISSION STATEMENT THE MISSION STATEMENT OF THE GULF SREAM POLICE DEPARTMENT, IN PARTNERSHIP WITH THE GULF STREAM RESIDENTS, IS TO PROTECT THE LIVES AND PROPERTY OF RESIDENTS, ENHANCE THE QUALITY OF LIFE, RE- DUCE THE "FEAR OF CRIME", ACT AS PROFESSIONALS AT ALL TIMES, WITH INTEGRITY, DIGNITY, FAIRNESS, AND RESPECT FOR CITIZENS, ELECTED OFFI- CIALS AND FELLOW OFFICERS. GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS RULES AND REGULATIONS 1) COMMAND AND SUPERVISORY RESPONSIBILITIES AND AUTHORITY 1-1 CHIEF OF POLICE -AUTHORITY AND RESPONSIBILITIES 1-1a Authority : The Chief of Police is the chief executive officer of the department and the final department authority in all matters of policy, operations and discipline. He or she exercises all lawful powers of his or her office and issues such lawful orders as are necessary to assure the effective performance of the department. 1 -lb Responsibilities: Through the Chief of Police, the department is responsible for the enforcement of all laws and ordinances coming within its legal jurisdiction. He or she is responsible for planning, directing, coordinating, controlling and staffing all activities of the department; for its continued efficient operation; for the enforcement of rules and regulations within the department; for the completion and forwarding of such reports as may be required by competent authority; and for the department's relations with the citizens of the town, the town government, and other agencies 1-2 LIEUTENANT - AUTHORITY AND RESPONSIBILITIES The Lieutenant shall assist the Chief of Police in the execution of his office and shall have such powers and perform such other duties as the Chief from time to time may direct. He or She shall carry out the orders and policies of the Chief and shall not alter, revise, or countermand such orders or policies heretofore established, except in the case of an emergency. 1-3 SHIFT SUPERVISOR - AUTHORITY AND RESPONSIBILITIES The shift supervisor, during his or her tour of duty, exercises the same authority and has the same responsibilities as his or her superior. In addition to the general and individual responsibilities of all members, the shift supervisor is specifically responsible for the following: 1-3a Good Order: The general good order of his or her command during his or her tour of duty, to include proper discipline, conduct, welfare, field training, and efficiency. 1-3b Briefing: Conduct prescribed briefings, communicate all orders or other information at briefings, and inspect and correct his or her command as necessary. 1-3c Reporting: Reporting as required by an appropriate supervisor. 1-3d Personnel Complaints: Conduct inquiry into personnel complaints against members under his or her command in accordance with Town Personnel Policies, Department Procedures and Rules and Regulations. 1-4 SUPERVISORY OFFICERS - AUTHORITY AND RESPONSIBILITIES Supervisors are members appointed in charge of one or more members, permanent or temporary. 1-4a Leadership: Effective supervision demands leadership. Provision of leadership will include on the job training as needed for efficient operation and coordination of effort when more than one member is involved. 1-4b Supervision: A supervisor may be assigned to field or office duties. During his or her tour of duty, he or she must closely supervise the activities of his or her subordinates, making corrections where necessary and commending where appropriate. 1-4c Direction: Supervisors must exercise direct command in a manner that assures the good order, conduct, discipline, and efficiency of subordinates. Exercise of command may extend to subordinates outside his or her usual scope of supervision if the police objective or reputation of Pagel of 15 GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS the department so requires, or if no other provision is made for members temporarily unsupervised. This authority will not be exercised unnecessarily. If a supervisor requires a subordinate other than his or her own to leave a regular assignment, the supervisor so directing will inform the subordinate's own supervisor as soon as possible. 1-4d Assisting Subordinates: A supervisor will have a working knowledge of the duties and responsibilities of his or her subordinates. He or she will observe contacts made with the public by his or her subordinates and be available for assistance or instruction as may be required. A field supervisor will respond to calls of serious emergencies, felonies in progress, assaults and others unless actively engaged in a police incident. He or she should observe the conduct of the assigned members and take active charge when necessary. 1-4e Inspections: The Chief of Police may call for inspections of the department or any part thereof. Members directed to attend such inspections will report in the uniform prescribed, carrying the equipment specified. Unauthorized absence from such inspection is chargeable as "absence without leave." 2) PROFESSIONAL CONDUCT AND RESPONSIBILITIES 2-1 STANDARD OF CONDUCT Members will not engage in conduct on or off-duty which adversely affects the morale or efficiency of the department or engage in conduct on or off-duty, which may destroy public respect for the member and/or the department and/or destroy confidence in the operation of the municipal service. 2-2 LOYALTY Members will maintain a loyalty to the department and their associates as is consistent with the law, department policy and procedures or rules and regulations. 2-3 All members are strictly charged with establishing and maintaining a high spirit of cooperation within the department, with other governmental entities, and the community. 2-4 ASSISTANCE All sworn members are required to take prompt police action toward aiding a fellow officer exposed to danger or in a situation where danger might be impending. 2-5 GENERAL RESPONSIBILITIES Within the town, sworn members will at all times take appropriate action to: Protect life and property, Preserve the peace, Prevent crime, Detect and arrest violators of the law; and Enforce all federal, state, and local laws and ordinances coming within department jurisdiction. 2-6 DUTY RESPONSIBILITIES Members will, at all times regardless of assignment, promptly respond to the lawful orders of a supervisor and other proper authorities and to calls for police assistance from citizens. Sworn members assigned to special duties are not relieved from taking proper action outside the scope of their specialized assignment when necessary. Sworn members, after completing a police call for service, will promptly return to active duty status. All members, sworn and civilian will perform their duties as required or directed by law; department rule, policy or order; or by order of a supervisor. 2-7 OFF-DUTY RESPONSIBILITIES Page 2 of 15 GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS Sworn members will, while off-duty and within the Town of Gulf Stream, take appropriate law enforcement action when a felony or a serious misdemeanor occurs in their presence or an incident occurs in their presence that is life threatening or presents a danger of injury to someone. Sworn members will be in an on -duty status when they take such law enforcement action when off-duty. Members will properly identify themselves when off-duty and in plain clothes. Sworn members will not utilize a private or personal vehicle to take enforcement action, except when a felony or a serious misdemeanor occurs in their presence. Members will immediately notify an on - duty officer to respond to the scene. When a member, off duty, becomes involved with another law enforcement agency as a victim or witness in any investigation of any violation of law, excluding non -criminal traffic infractions, the member will notify the on -duty shift supervisor at the earliest time possible during or immediately after the contact. If the member becomes involved with another law enforcement agency during any investigation as a detainee, suspect or arrestee, the on -duty shift supervisor will be notified during the contact or immediately after contact with the other law enforcement agency. The shift supervisor may respond to the scene, where practical and will notify the on-call supervisor. 2-8 ADDRESSES AND TELEPHONE NUMBERS Immediately upon being hired, members will record their correct residence addresses and telephone numbers with the Administrative Section. Members are required to have telephone service in the place where they reside. Changes in address or telephone number will be reported to the Chief of Police within 48 hours of the change. This will be done in writing on the appropriate form. 2-9 QUESTIONS REGARDING ASSIGNMENT Members in doubt as to the nature or detail of their assignment will seek information and direction from their supervisors. 2-10 KNOWLEDGE OF LAWS AND DIRECTIVES Every member is required to establish and maintain a working knowledge of all laws and ordinances in force in the town, the rules, regulations and written procedures of the department. In the event of improper action, it will be presumed that the member was familiar with the law, rule, procedure or policy in question. 2-11 OBEDIENCE TO LAWS AND DIRECTIVES Members will observe and obey all federal and state laws, town ordinances, policy and procedures, written directives, rules and regulations of the department. 2-12 INSUBORDINATION Insubordination will include, but not be limited to, any failure or deliberate refusal by a member to obey a lawful order given by a supervisor or any disrespectful, mutinous, insolent, or abusive language or action by a member toward a supervisor, whether in or out of the presence of the supervisor. 2-13 REPORTING VIOLATIONS OF LAWS. ORDINANCES. RULES OR ORDERS Members knowing of other members disobeying orders or violating laws, ordinances, or written directives and/or rules of the department, will report same in writing to the Chief of Police via the appropriate supervisor. 2-14 MANNER OF ISSUING ORDERS Orders from superior to subordinate will be made in clear and understandable language, civil tone and issued in pursuit of department business. Page 3 of 15 GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS 2-15 OBEDIENCE TO ORDERS Each member will obey all lawful orders of a superior, including those relayed through an employee of equal or less rank. The term "lawful order" will be construed as any order in keeping with the performance of any duty prescribed by law or by these rules and regulations or for the preservation of good order, efficiency and proper discipline which is not in conflict with these rules and regulations. 2-16 UNLAWFUL OR IMPROPER ORDERS No commander or supervisor will knowingly issue any order, which is in violation of any law or ordinance or department procedure, policy, or rule. 2-17 OBEDIENCE TO UNLAWFUL ORDERS No member is required to obey any order, which is contrary to federal or state law or local ordinance. Responsibility for refusal to obey rests with the member. The member will report the unlawful order in writing to the next higher supervisor in the chain of command. The member will be required to strictly justify his or her action. 2-18 OBEDIENCE TO UNJUST OR IMPROPER ORDERS Members who are given orders which they feel to be unjust or contrary to department directive must first obey the order to the best of their ability and then may appeal the order through the chain of command. 2-19 CONFLICTING ORDERS Upon receipt of an order conflicting with any previous order or instruction, the member affected will advise the person issuing the second order of this fact. Responsibility for countermanding the original instruction then rests with the individual issuing the second order. If so directed, the latter command will be obeyed first. 2-20 CONDUCT TOWARD SUPERIOR AND SUBORDINATE OFFICERS AND ASSOCIATES Members will treat supervisors, subordinates and associates with respect. Members will be courteous and civil at all times in their relationships with each another. When on -duty, and particularly in the presence of other members or the public, officers should be referred to by rank. 2-21 CRITICISM Members will not publicly criticize or ridicule the department, its procedures, policies, rules or other members by talking, writing, or in any other manner where such talking, writing or other expression is defamatory, obscene, or unlawful and which tends to impair the operation of the department by interfering with its efficiency, interfering with the ability of supervisors to maintain discipline, or having been made with reckless disregard for the truth. 2-22 SOLICITING GIFTS, GRATUITIES, FEES, REWARDS, LOANS, ETC. Members will not, under any circumstances, solicit any gift, gratuity, loan, or fee during the performance of, or related to, any official duty or action. 2-23 ACCEPTANCE OF GIFTS, GRATUITIES, FEES, LOANS, ETC. Members will not accept, either directly or indirectly, any gift, gratuity, loan, fee, or any thing of value arising from or offered because of police employment or any activity connected with said employment, without first advising the Chief of Police of the circumstances in writing. 2-24 OTHER TRANSACTIONS Members are prohibited from buying or selling anything of value from or to any suspect, witness, defendant, prisoner, or other person involved in any case which has come to their attention or which arose out of their department employment, except as may be specifically authorized by the Chief of Police. 2-25 PRIVATE BENEFIT FROM DEPARTMENTAL ASSOCIATION The use of prestige or influence of one's official position, or the use of facilities, equipment or supplies of the department for the private gain or advantage to oneself or another is prohibited. Page 4 of 15 GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS 2-26 DISPOSITION OF UNAUTHORIZED GIFTS, GRATUITIES, ETC. Any unauthorized gift, gratuity, reward, or other commodity falling into any of these categories coming into the possession of any member will be forwarded to the office of the Chief of Police with a written report explaining the circumstances connected therewith. 2-27 FREE ADMISSIONS AND PASSES Members will not solicit free admission to theaters and other places of amusement or entertainment for themselves or others. 2-28 REWARDS Members will not accept reward in money or any other consideration except lawful salary and that, which may be authorized by law. 2-29 DEBTS - INCURRING AND PAYMENT Members will pay all just debts and legal liabilities they incur. 2-30 RESTRTICTION ON EMPLOYMENT OF RELATIVES Members may not appoint, employ, promote, or advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in the department in which the member is serving or over which the member exercises jurisdiction or control any individual who is a relative of the member. A relative is an individual who is related to the member as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in- law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. This does not apply to persons serving in a volunteer capacity. 3) GENERAL CONDUCT ON -DUTY 3-1 PROHIBITED ACTIVITY ON -DUTY Members are prohibited from engaging in the following activities while on -duty; Sleeping, loafing; Recreational reading; Conducting private business; Carrying any articles which distract from the proper performance of police duty; and Drinking intoxicating beverages except in performance of a police duty and then only with the speck consent of a supervisor and never in uniform. 3-2 CONSUMPTION OF INTOXICANTS Members will not consume intoxicants while off-duty to the extent that evidence of such consumption is apparent when reporting for duty or to the extent that their ability to perform duty is impaired. 3-3 INTOXICANTS ON DEPARTMENTAL PREMISES Members will not bring onto or keep any intoxicating liquor on department premises except: When necessary in the performance of a police task. Such intoxicants brought onto department premises will be properly identified and stored according to department procedure. Page 5 of 15 GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS 3-4 POSSESSION/USE OF CONTROLLED SUBSTANCES No member will possess and/or while on -duty use any controlled substances without the approval and guidance of a licensed physician and only with the knowledge of a supervisor. At no time may a member use or be under the influence of a controlled substance where such use impairs or compromises the efficiency and integrity of the department or municipality. Although antibiotics are classified as controlled substances, those which are known not to induce any side effects are exempt from this rule. 3-5 SMOKING WHILE ON -DUTY Members are prohibited from smoking in all police facilities, in all police vehicles, while in direct contact with the public, and/or when in uniform in public view. 3-6 RELIEF All members are to remain at their assignment and on -duty until properly relieved by another member or until dismissed by competent authority. 3-7 MEALS Sworn members may suspend their police duty for a meal period to be taken within their assigned duty areas, subject to modification by the appropriate supervisor. Meals will be eaten expeditiously as long as members are available by phone or radio. No more that two (1) patrol units will be out for meals at the same time. 3-8 REPORTS Members will submit all reports required within their job assignment, classification/rank or job description within 24 hours of occurrence. Any reports to be submitted after 24 hours must have prior approval from the shift supervisor. 3-9 ABSENCE FROM DUTY Every member who fails to appear for duty at the date, time and place specified without the consent of competent authority is "absent without leave." Absences without leave must be reported in writing to the Chief of Police. Absence without leave may result in discipline up to and including discharge. 3-10 PHYSICAL FITNESS FOR DUTY All sworn members of the department will maintain a level of physical fitness, which allows them to fulfill their legal responsibilities as police officers. 3-11 LOITERING All members while on -duty or in uniform will not enter taverns, theaters or other entertainment places except to perform a police task. Loitering in such locations is forbidden. 3-12 COURTESY When meeting in public, officers will conform to normal courtesy standards and refer to each other by rank. 3-13 NATIONAL COLORS AND ANTHEM Uniformed members will render full military honors to the national colors and anthem at appropriate times. Members in civilian dress will render proper civilian honors to the national colors and anthem at appropriate times. 3-14 REPORTING FOR DUTY/TARDINESS Unless otherwise directed, members will report to their assigned place of work to include, but not be limited to, briefing, overtime assignments, court activities, and training sessions at the time and place specified, properly uniformed and equipped. They will give careful attention to orders and instructions, avoiding unnecessary talking. A member will be considered on -duty at any of the aforementioned activities. Page 6 of 15 GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS 3-15 PRESENCE AT UNAUTHORIZED PLACES No member will be present in any unauthorized place within his or her assignment area during his or her tour of duty except for a legitimate police purpose. 3-16 ZONE ASSIGNMENT All members are required to remain in their assigned zone or area of assigned responsibility. All suspicious vehicle checks, traffic violations or other police enforcement action which requires an officer to leave his or her beat will be reported to the dispatcher at the time of occurrence. 3-17 LEAVING TOWN LIMITS A member may not go beyond the town limits while on -duty unless in the performance of actual duty, or upon the direct order or with the permission of a supervisor. 3-18 SUBMISSION OF OVERTIME SLIPS Overtime slips must be turned in no later than the end of the pay period after the date of the overtime. 4) UNIFORM APPEARANCE 4-1 UNIFORM APPEARANCE Members will appear neat and well groomed while in uniform. All articles of uniform will conform to the department uniform regulations. Civilian clothing will not be worn with any distinguishable part of the uniform without the approval of the Chief of Police or a designee. 4-2 WEARING THE UNIFORM Uniforms will be kept neat and clean at all times. While wearing the uniform, members will maintain a military bearing avoiding mannerisms such as slouching, shuffling, and keeping hands in pockets. 4-3 MANNER OF DRESS ON -DUTY Normally, members will wear the authorized uniform on a tour of duty. Chief of Police or designee may prescribe other clothing as required by the nature of the duty to which a particular member is assigned. 4-4 UNIFORM AND EQUIPMENT DAMAGE CLAIM Any claims for damage to clothing or other personal property belonging to a member caused by performance of duty will be made in accordance with current department directives. 4-5 EQUIPMENT All equipment must be clean, in good working order and conform to department specifications. 4-6 LOCKERS Members assigned lockers will be required to keep them clean, in good order, and free of noxious or inappropriate material at all times. 4-7 WEARING UNIFORMS OFF-DUTY Members may wear department uniforms while off-duty, limited to those times when an route to or from the place of official duty and the member's abode. All members may optionally change from civilian attire to department uniform at facilities provided at the police station. While in uniform, only those stops which are necessary while an route to or from duty are permitted. For sworn members, "in uniform" means the total uniform, including leather gear and sidearm. The burden of proving the necessity of any stop rests with the member should a question of policy adherence arise. 4-8 OFF-DUTY EQUIPMENT Sworn members who are authorized to carry a concealed weapon off-duty must carry official identification when doing so. Page 7 of 15 GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS 4-9 FIREARMS Sworn members will never display firearms unnecessarily while in civilian clothes or draw them in any public place except for official use. Sworn members are required to make a written report of any discharge of firearms (except routine target practice, sporting events, etc.). This report is to be made according to current department procedures. 4-10 HAIRSTYLES At all times while on -duty, unless expressly authorized by the Chief of Police or a designee, all members of the department will be well-groomed and clean in their person. Male members will conform to these additional standards of appearance: Hair will be evenly trimmed at all times while on -duty. Sideburns will not extend below the bottom of the ear. The maximum width at the bottom of the sideburns will not exceed 1 1/4". The face must be clean-shaven; however, a mustache is permitted provided it is neatly trimmed and does not extend beyond the corners of the mouth. Beards will not be permitted to be worn by sworn members unless authorized by the Chief of Police or a designee for a particular assignment or operation. Personnel with a medical condition, which precludes shaving, will be required to present a written statement, signed by a medical doctor, verifying such condition. 5) DEPARTMENT PROPERTY AND EQUIPMENT 5-1 Members will maintain in good condition department property and equipment assigned to them. In the event town property is found bearing evidence of damage, which has not been reported, it will be prima facie evidence that the last person using the property or equipment was responsible. 5-2 DAMAGED -INOPERATIVE PROPERTY OR EQUIPMENT Members will immediately report to their appropriate supervisor by memorandum any loss of, or damage to, department property assigned to or used by them. The appropriate supervisor will be notified of any defects or hazardous conditions existing with any department equipment or property. 5-3 CARE OF DEPARTMENT BUILDINGS Members will not mark, alter, or deface any surface on or within any department building. No material will be affixed to any wall in department buildings without specific authorization from an appropriate supervisor. 5-4 NOTICES Members will not mark, alter, or deface any posted notice of the department. Notices or announcements will not be posted on bulletin boards without permission of an appropriate supervisor. (This section does not affect any collective bargaining unit bulletin board.) 5-5 MANUALS MAINTENANCE All members who are issued manuals are responsible for their care and maintenance and will make appropriate changes and/or insertions as they occur. Manuals will be inspected annually during the employee's performance review. 5-6 SURRENDER OF DEPARTMENT PROPERTY Members are required to surrender all department property and equipment in their possession upon separation from the department. 5-7 DEPARTMENT PROPERTY- LOSS/DAMAGE - NEGLIGENCE Members are responsible for department property issued or used by them. Loss or damage of department property caused by negligence or inattention by any member may result in disciplinary action against the member. Page 8 of 15 GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS 5-8 POSSESSION OF KEYS No member will have in his or her possession any key not specifically issued to that person. All keys that are signed out will be signed back in when they are no longer needed (transfer, promotion, separation from employment, etc) 5-9 DEPARTMENT VEHICLES, USE Members will not use any department vehicles without the permission of an appropriate supervisor. Conversely, the use of private vehicles for official purposes is prohibited unless authorized by a supervisor. 5-10 TRANSPORTING CITIZENS Citizens will be transported in department vehicles as a Ride -Along participant or when necessary to accomplish a police purpose only. 6) COMMUNICATIONS -CORRESPONDENCE 6-1 RESTRICTIONS - Members will not: Use department letterheads for private correspondence; Enter into official department correspondence with anyone or any agency outside the department, except when approved by a division commander or the Chief of Police. 6-2 FORWARDING COMMUNICATIONS TO HIGHER COMMANDS Any member receiving a written communication for transmission to a higher command will in every case forward such communication. A member receiving a communication from a subordinate directed to higher command will endorse it indicating approval, disapproval, or acknowledgment. 6-3 DEPARTMENT DOCUMENTS AND ORDERS - CONFIDENTIAL Members will consider all department documents and all special orders confidential unless ordered otherwise. 6-4 DEPARTMENT ADDRESS/ (PRIVATE USE OF) / CALLSNISITORS Members will not use the department as a mailing address for private purposes except as provided by Florida State Statutes, nor will the employee or member consistently receive personal visitors or telephone calls at the police department. Utilization of department telecommunication systems for non -duty related purposes is prohibited. 6-5 IDENTIFICATION NUMBERS All members of the department will be issued identification numbers upon being employed. Identification numbers will be placed on documents prepared by a member in all instances as required. 6-6 RADIO PROTOCOL All members of the department operating the police radio, will strictly observe regulations for such operations as set forth in department directives, Federal Communications Commission Regulations, and/or F.C.I.C./N.C.I.C. regulations. 7) DEATH AND INJURY NOTIFICATIONS 7-1 DEATH OR SERIOUS INJURY When a member is killed or seriously injured on or off-duty, the Chief of Police will be notified immediately. This will be followed by a written report detailing the circumstances. Page 9 of 15 GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS 7-2 NON -SERIOUS INJURY In cases where the member's injuries are not of a serious nature, a written report and required town reports will be submitted by the injured member or his or her supervisor at the earliest practical time and the on-call division commander will be notified. 7-3 NOTIFICATION OF FAMILY The family of a member seriously injured or dying on -duty will be notified immediately by the Chief of Police or designee. 8) INVESTIGATIONS, ARRESTS, DETENTIONS, AND OFFICIAL REPORTS 8-1 INVESTIGATIONS Investigations at the scene of a crime, accident, or other police incident will be conducted in accordance with current department directives. Reports that are required by the performance of one's duties must be promptly submitted. 8-2 ARRESTS Arrests will be made in accordance with current department directives and appropriate state statutes. 8-3 TRANSPORTATION OF PRISONERS Transportation of prisoners will be made in accordance with current department directives. 8-4 BOOKING PROCEDURES Prisoners will be booked in accordance with current department directives. 8-5 IDENTIFICATION AS POLICE OFFICER Except when impractical or unfeasible, or where the identity is obvious, officers will identify themselves by displaying the official badge or identification card before taking police action. 8-6 DEPARTMENTAL RECORDS/REPORTS/CITATIONS Stealing, altering, forgoing, or knowingly falsifying or tampering with any kind of police record, report or citation is prohibited. The removal of any record, card, report, letter, document, or other official file from the department, except by process of law or as directed by the Chief of Police or a supervisor, is prohibited. The obtaining/duplicating or attempting to obtain/duplicate any information from department files, sources or reports, other than in accordance with one's duties and assignments, is prohibited. 8-7 PRESS RELATIONS AT CRIME SCENES Consistent with sound police practice, members in control of a crime scene will supply information regarding the incident to the working press. Whenever a member feels that release of information is contrary to sound police practice, he or she will refer the press to his or her immediate supervisor or the Public Information Officer. 8-8 SECURITY OF DEPARTMENTAL BUSINESS Members will not divulge police information outside the department, except as required by law or competent authority. The information includes, but is not limited to, that which is contained in police records and other information ordinarily accessible only to members. Names of informants, complainants, witnesses and other persons known to the police are considered confidential. Any information obtained by any member through any internal process to include, but not be limited to, recruitment, selection, and/or promotion will be considered confidential and will not be divulged to anyone without prior written authorization from the Chief of Police. 8-9 USE OF PHYSICAL FORCE The use of physical force will be restricted to circumstances specified by law when it is necessary to accomplish a police task. Whenever a sworn member is required to strike or use considerable physical force against another person, he or she will immediately notify a supervisor after gaining Page 10 of 15 GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS control and assuring officer, citizen, and suspect safety. Following the incident, an investigation will be made and a written report submitted through the chain of command to the Chief of Police or a designee. Officers will not use any more force than is necessary to effect their lawful objectives. All prisoners will be treated with dignity and with regard to their legal rights. Officers will make a complete, thorough search of all arrested suspects and of the area within their immediate reach or grasp. Felons, suspected felons, and misdemeanants will be handcuffed for officer safety. 8-10 COMPROMISING CRIMINAL CASES Members will not engage in any of the following conduct: Interference with the service of lawful process; Interference with the attendance or testimony of witnesses through coercion, bribery, or other means; Withholding information on criminal activity; Attempt to have any traffic citation or Notice to Appear reduced, voided, or stricken from the calendar; Taking any other action which will interfere with the efficiency or integrity of the administration of criminal justice. Members having knowledge of such interference will inform a superior officer. 8-11 RECOMMENDING ATTORNEYS & BAIL BOND BROKERS IS PROHIBITED Members will not suggest, recommend, advise or otherwise counsel the retention of any attorney or bail bond broker to any person coming to their attention as a result of police business. 8-12 INVESTIGATIVE AND TRAFFIC STOPS Investigative and traffic stops will be made in accordance with department directives. 8-13 RECOVERED PROPERTY/EVIDENTIARY MATERIAL Members will turn over to the Evidence Custodian or place in the appropriate area all lost, stolen, recovered, abandoned or evidentiary material which comes into the possession of a department member as a result of the performance of police duties. All such material will be turned over prior to the completion of the tour of duty or as otherwise outlined in current department procedures. 9) PUBLIC ACTIVITIES 9-1 COMMERCIAL TESTIMONIALS Members will not permit their names or photographs to be used to endorse any product or service, which is in any way connected with law enforcement in any commercial testimonial, which alludes to their position or employment with the department without the permission of the Chief of Police. 9-2 PUBLIC APPEARANCE REQUESTS All requests for public speeches, demonstrations and the like will be routed to the Chief of Police for approval and processing. 9-3 OUTSIDE EMPLOYMENT Prior to engaging in any outside business or employment, or volunteer employment, the member will submit a request for approval, through the Chief of Police, to the Town Manager. The approval of the Town Manager will be based upon avoiding potential conflicts of interest and protecting the image of the department and/or avoiding impairment of on -duty performance. 9-4 POLITICAL ACTIVITY No members will engage in the following political activity: Pagel 1 of 15 GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS Being an officer in a political party or holding political office during his or her employment; Being a checker, watcher, or challenger for any political party, faction, or group of candidates. Utilization of one's official position with the department for political purposes. Nothing in this section should be construed to prohibit a member of the department from, as a private citizen, exercising the right of suffrage, casting a vote or expressing one's opinions privately, being delegates to or members of a political caucus, or taking part in political canvass. 9-5 SUBVERSIVE ORGANIZATIONS No member will knowingly become a member of or be connected with any subversive organization, except when necessary in the performance of duty and then only under the direction of the Chief of Police. 9-6 PERSONAL PREFERMENT No member may solicit anyone to intercede with the Chief of Police, Mayor, Commission, Town Manager or any elected/appointed official in relation to promotions, departmental assignment or disposition of pending charges or findings in a disciplinary proceeding. Nothing in this section will be construed to be applicable to licensed attorneys -at -law of the state when representing a member of the department. 9-7 CONDUCT TOWARD THE PUBLIC Members will be courteous and orderly in their dealings with the public. They will attend to requests from the public quickly and accurately. They will perform their duties quietly, avoiding harsh, violent, profane, abusive, racial, or insolent language and will always remain calm regardless of provocation to do otherwise. Upon request, they will supply their name and identification number and/or the name of their supervisor in a courteous manner. 9-8 IMPARTIAL ATTITUDE All members will display an impartial and professional attitude toward all persons coming to the attention of the department. 9-9 CARING FOR LOST, HELPLESS, INJURED, OR ILL PERSONS Members will always be alert to assist lost, helpless, injured, or ill persons. Every sworn member will maintain a proficiency in first aid techniques. 9-10 AVAILABILITY WHEN ON -DUTY While on -duty, members will not conceal themselves except for some police purpose. They will be immediately and readily available to the public during duty hours. 9-11 RESPONDING TO CALLS Members of the department will respond without delay to all calls for police assistance from citizens or other members. All calls will be answered as soon as possible consistent with normal safety precautions and vehicle laws. No member will fail to answer any telephone or radio call directed to him or her. The dispatch center will be informed by any member when leaving the air and when returning to a duty status. 10) JUDICIAL AND INVESTIGATIVE ACTIONS, APPEARANCES, & TESTIFYING 10-1 DEPARTMENTAL INVESTIGATIVE ACTIONS Members are required to truthfully and in a cooperative manner answer questions by, or render material and relevant statements to, a competent authority in a departmental administrative investigation when so directed. 10-2 COURT APPEARANCES AND DRESS The official uniform or business attire will be worn when appearing in court. Members will maintain a Page 12 of 15 GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS neat and clean appearance, avoiding any mannerism, which might imply disrespect to the court. Members will comply with all rules of the court. Weapons will not be displayed. 10-3 TESTIFYING FOR THE DEFENDANT Any member subpoenaed to testify for the defense in any trial or hearing, or against the town or department in any hearing or trial, will notify his or her supervisor upon receipt of the subpoena. 10-4 REFUSAL TO TESTIFY When appearing as a witness or party before any competent investigative body, a judicial tribunal, a hearing board, or a person authorized to take testimony, any member who invokes his or her constitutional privilege and refuses to testify will be subject to departmental review. 10-5 CIVIL ACTION INTERVIEWS Civil action interviews involving members or employees which arise out of departmental employment will be conducted in accordance with current departmental directives. 10-6 CIVIL ACTION, COURT APPEARANCES - SUBPOENAS Members will accept all subpoenas legally served. If the subpoena arises out of departmental employment, or if the member is informed that he or she is a party to a civil action arising out of departmental employment, he or she will immediately notify the Chief of Police by memorandum. Members will not enter into any financial understanding for appearances as witnesses prior to any trial, except in accordance with current directives. Any member of the department involved in a lawsuit, either as a plaintiff or defendant, must notify the Chief of Police by memorandum. 10-7 CIVIL DEPOSITION AND AFFIDAVITS Members will confer with the Chief of Police or designee before giving a deposition or affidavit on a civil case. DISCIPLINE 11-1 SERIOUS COMPLAINTS OR ALLEGATIONS If, in the opinion of the shift supervisor, the incident is of sufficient gravity, the supervisor will immediately notify the Chief of Police. Immediate action necessary to preserve the integrity of the department until arrival of the Chief of Police or designee will be taken. Should the matter pertain to or involve the Chief of Police, the Town Manager will be notified. 11-2 CITIZEN COMPLAINTS AGAINST DEPARTMENT PERSONNEL Complaints by citizens against members of the department will be recorded and investigated by the Chief of Police or designee as soon as possible and in accordance with current department procedures. All investigations of the Chief of Police will be conducted by the Town Manager or designated agent. 11-3 HARRASSING/UNNECESSARY COMPLAINTS Making a harassing or unnecessary complaint against a fellow member of the department is prohibited. 11-4 INVESTIGATION OF ALLEGED MISCONDUCT The individual assigned the investigation of an alleged act of misconduct on the part of a member of the department will conduct a thorough and accurate investigation. 11-5 COOPERATION WITH INTERNAL INVESTIGATIONS Failure to answer questions, respond to lawful orders or to render material and relevant statements in an internal administrative investigation when such orders, questions and statements are directly related to job responsibilities is prohibited. Nothing in the section will violate one's Federal or State constitutional rights or laws. Page 13 of 15 GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS 11-6 REPORTS OF INVESTIGATION OF ALLEGED ACTS OF MISCONDUCT Alleged acts of misconduct must be investigated and results of the investigation must be concluded in a written report. 11-7 DEPARTMENT DISCIPLINE Any member who violates or attempts to violate the law of the United States of America, the State of Florida, or local ordinances; or who violates or attempts to violate any department rule or regulation, policy or procedure, general or special order, written or verbal order; or who is incompetent to perform one's duty is subject to appropriate disciplinary action. 11-8 AUTHORITY TO DISCIPLINE Final disciplinary authority and responsibility for the department rests with the Chief of Police. Other supervisory personnel may take the following disciplinary measures: a. Verbal reprimand, memorandum of counsel, instructional memorandum; b. Written reprimand; c. Emergency administrative leave; d. Written recommendations for other penalties. 11-9 INFORMING THE PERSON BEING DISCIPLINED The member being disciplined will be informed of the charges at the time such action is taken. 11-10 EMERGENCY ADMINISTRATIVE LEAVE The following members have the authority to impose emergency administrative leave until the next business day against a member when it appears that such action is in the best interest of the department: a. Chief of Police; b. Lieutenant c. The Town Administrator in cases involving the Chief of Police. 11-11 FOLLOW-UP ACTION ON EMERGENCY ADMINISTRATIVE LEAVE A member receiving an emergency administrative leave will be required to report to the Chief of Police or a designee on the next business day at 1000 hours unless otherwise directed by the Chief of Police or a designee. 11-12 REPORTS OF DISCIPLINARY ACTION TAKEN OR RECOMMENDED Whenever disciplinary action is taken or recommended (except for verbal counseling), a written memorandum must be submitted immediately containing the following information: a. The name, rank, I.D. number, and present assignment of the person being disciplined; b. The date(s) and time(s) of the misconduct and location(s), indicating on or off-duty; c. The section number(s) of this manual violated or common name of the infraction; d. A complete statement of the facts of the misconduct; e. The punishment imposed or recommended; f. The written signature and position of the preparer. Page 14 of 15 GULF STREAM POLICE DEPARTMENT RULES AND REGULATIONS 11-13 CONCLUSION OF INVESTIGATION INVOLVING DEPARTMENT MEMBERS All investigations of department member's accused of misconduct will conclude with one of the following findings: a. Unfounded: The investigation indicates that the act or acts complained of did not occur or failed to involve police personnel; b. Exonerated: Acts did occur, but were justified, lawful and proper; c. Not Sustained: Investigation fails to discover sufficient evidence to clearly prove or disapprove the allegations made in the complaint; d. Sustained: The investigation disclosed sufficient evidence to clearly prove the allegations made in the complaint. Appropriate disciplinary action, if required, will be recommended by the investigator in accordance with the Supervisor's Guide to Discipline -Law Enforcement Edition. The report will be forwarded via the chain of command to the Chief of Police. 11-14 PENALTIES The following penalties may be assessed against any member of the department as disciplinary action: a. Verbal reprimand, memorandum of counsel, instructional memorandum; b. Written reprimand; c. Disciplinary probation; d. Suspension from duty without pay; e. Dismissal from the service. Original issue: 10/01/06 Garrett J. Ward, Chief of Police Page 15 of 15 GULF STREAM POLICE DEPARTMENT TABLE OF CONTENTS COVERPAGE..................................................................................................................1 ORGANIZATIONAL CHART...................................................................................................II MISSION STATEMENT..........................................................................................................III RULES AND REGULATIONS................................................................................................IV STANDARD OPERATING PROCEDURES...............................................................V 1 ORGANIZATION CommandProtocol..................................................................................................1.01 2 AUTHORITY Code of Ethics and Conduct of Police Department Members.................................2.01 ArrestProcedures....................................................................................................2.03 3 WRITTEN DIRECTIVE SYSTEM Written Directive System..........................................................................................3.01 4 USE OF CONTROL Useof Control.......................................................................................................... 4.01 Weapons& Ammo....................................................................................................4.02 5 PART TIME SWORN and RESERVE OFFICERS Part -Time Sworn & Reserve Officers............................................................5.01 6 CIVILIAN VOLUNTEER PROGRAMS RideAlong Program.................................................................................................6.05 7 FISCAL ACTIVITIES FiscalManagement..................................................................................................7.01 Control of Department Property & Assets ......................................................7.02 10/01/06 Page 1 8 CLASSIFICATION AND DELINEATION OF DUTIES JobTask Analysis.....................................................................................................8.01 9 SPECIAL DUTY DETAILS AND OUTSIDE EMPLOYMENT Special Duty Details and Outside Employment .................................................9.01 SpecialEvents.........................................................................................9.02 10 GRIEVANCE PROCESS Grievance Process.................................................................................................10.01 11 CONDUCT AND DISCIPLINARY PROCESS Disciplinary Procedures..........................................................................................11.02 DrugTesting..........................................................................................11.04 Workplace & Sexual Harassment...............................................................11.10 Employee Assistance Program.................................................................11.11 12 RECRUITMENT Recruitment........................................................................................................12.01 13 RESURVED FOR LATER USE 14 TRAINING FUNCTION TrainingFunction....................................................................................................14.01 Field Training Program...........................................................................................14.08 i"N 11;101:4 Wilt :illy IT -2 a 4 1.1 X01 N Ji i►_1 R4 :111111 Zk911 IL4-, I I [aP► 61 Performance Evaluations.......................................................................................16.01 17 PATROL Law Enforcement Response...............................................................................17.01.1 Special Purpose Vehicle...........................................................................17.03 Supervisor Notification............................................................................................17.04 VehiclePursuit........................................................................................................17.07 10/01/06 Page 2 Use of Safety Belts/Restraining Devices................................................................17.10 SoftBody Armor.....................................................................................................17.11 Police Bicycle Function.........................................................................................17.14 In Car Video Recording System.................................................................17.15 Baker Act/Marchman Act..........................................................................17.23 Racial Profiling & Anti-discrimination...........................................................17.24 Rapid Deployment to Active Violence..........................................................17.25 ImmigrationLanding................................................................................17.26 18 INVESTIGATIONS Criminal Investigations............................................................................................18.01 Informants...............................................................................................................18.02 Specialized Investigative Operations (Undercover, Decoy, Raids & Surveillance).18.03 SearchWarrants.....................................................................................................18.04 Sexual Battery Investigation...................................................................................18.05 FieldInterview........................................................................................................18.06 MissingPersons.....................................................................................................18.07 Sexual Predator Notification...................................................................................18.08 Line-Ups................................................................................................18.09 Officer Involved Domestic Violence.............................................................18.13 DomesticViolence..................................................................................................18.14 Auto Theft Investigation..........................................................................................18.15 Notification of Next of Kin.......................................................................................18.19 Investigation of Critical Incidents............................................................................18.20 Victim Witness Guidelines......................................................................................18.23 Child Abuse Protective Investigations..........................................................18.24 Stalking Investigations ------------------------------------------------------------------------------ 18.25 19 JUVENILE OPERATIONS Juvenile Procedures...............................................................................................19.01 20 UNUSUAL OCCURRENCE Hurricane Preparedness.........................................................................................20.01 Unusual Occurrence Procedure.............................................................................20.02 21 SPECIAL OPERATIONS Hostage & Barricaded Response..........................................................................21.03 Bomb Related Incidents.........................................................................................21.05 Dignitary Protection Plan........................................................................................21.06 10/01/06 Page 3 22 TRAFFIC Traffic Enforcement...........................................................................................22.01 Towing and/or Impoundment of Vehicles...............................................................22.02 Stopping and Approaching Vehicles.......................................................................22.05 Emergency Highway Assistance............................................................................22.06 Police Escorts, Roadblocks, and Traffic Related Checkpoints...............................22.07 Persons Suspected of Driving Under Influence of Alcohol or Drugs ......................22.09 Traffic Crash Investigations....................................................................................22.10 Manual Traffic Direction..........................................................................................22.15 26 RESERVED FOR LATER USE 27 INTERNAL AFFAIRS FUNCTION Professional Standards/Internal Affairs..................................................................27.01 28 RESERVED FOR LATER USE 29 PRISONER TRANSPORTATION Prisoner Transportation..........................................................................................29.01 30 HOLDING AREAS Prisoner Holding Area......................................................................................30.01 33 COMMUNICATIONS CellularTelephones................................................................................................33.02 ICL 2:4x91*1NIR Records..................................................................................................................34.01 Information Systems, E -Mail and Internet Usage...........................................34.02 FieldReporting.......................................................................................34.04 10/01/06 Page 4 35 CRIME SCENE INVESTIGATION/EVIDENCE COLLECTION Crime Scene Investigation & Evidence Collection ..................................................35.01 36 PROPERTY AND EVIDENCE MANAGEMENT Property and Evidence Management.....................................................................36.01 Crime -Related Firearms, Bullet Projectiles & Ammunition Casings ....................36.02 37 INFECTIOUS DISEASES InfectiousDiseases................................................................................................37.01 Personal Protection Equipment (PPE) .........................................................37.02 PandemicInfluenza.................................................................................37.03 38 SEIZURES AND FORFEITURES Seizures and Forfeitures.........................................................................................38.01 50 MISCELLANEOUS Uniform and Plain Clothes Attire............................................................................50.01 Line of Duty Death or Serious Injury ............................................................50.02 Court Attendance & Subpoena Service ........................................................50.04 10/01/06 Page 5 GULF STREAM POLICE DEPARTMENT -Command Protocol SOP # 1.01 COMMAND PROTOCOL EFFECTIVE: 07/01/07 I. POLICY: Organizational components are under the direct command of one supervisor, at one time. Each member is accountable to one supervisor, at any time. Gulf Stream Police personnel will follow the chain of command except in exigent circumstances or in grievance procedures when the offending party is in the upper chain of command. II. PRECEDENCE OF COMMAND: Precedence of command is used to ensure that leadership is available when the Chief of Police is off-duty, out of town, incapacitated, or otherwise unable to assume his or her duties. A. During the temporary planned or unplanned absence of the Chief of Police, when the Chief of Police makes no other provision, the command authority falls upon the Lieutenant. B. Normally, the Chief of Police will identify the individual who will assume all the responsibilities and duties of his or her office with the exception of discipline involving demotion or dismissal. Emergency Administrative Leave is authorized when it is in the best interest of the Department. C. It is the right and privilege of the Chief of Police to change or modify the order of precedence of command to assure the efficiency and effectiveness of police operations. III. COMMAND PROTOCOL: A. The shift supervisor or a designee will assume command of any specific incident or crime scene occurring during his or her tour of duty. Command will be relinquished when relieved by higher authority or by personnel designated to assume command at specific incidents as detailed in policy or as designated by the Chief of Police. B. If a person of higher rank elects to assume command, he or she will be responsible for the subsequent completion of the assignment. Original issue: 07/01/07 C. Major operations will be under the direction of the Chief of Police or a designee. D. Whenever the department engages in an operation involving more than one Division, and/or more than one shift, the overall command of the operation will be assigned to the supervisor initiating the event or involved in the activity, unless a designee is otherwise appointed by the Chief of Police. GARRETT J. WARD, Chief of Police Page 1 of 1 GULF STREAM POLICE DEPARTMENT -Command Protocol SOP # 1.01 Page 1 of 1 GULF STREAM POLICE DEPARTMENT -Code of Ethics and Conduct SOP # 2.01 CODE OF ETHICS AND CONDUCT OF POLICE DEPARTMENT MEMBERS EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department expects police officers to conduct themselves, both on and off duty, in a manner that will not have an adverse effect on the member's performance or the department's reputation. It is imperative that members understand they are held to a higher standard of conduct by the public. Prior to being sworn, all members will take an oath of office in compliance with Florida State Statute 876.05 requiring members to "support the Constitution of the United States and of the State of Florida." It is not the intent of the police department to interfere in the private lives of its members nor to hinder the exercise of the member's constitutional rights. All personnel must understand that a higher standard of conduct is applied to them in order for the public to continue to have confidence in the department and the officers. Members are expected to show courtesy and civility in all contacts with the public. Members will be honest and truthful in their dealings, regardless of whether under oath or not, except in such situations where it may impede a lawful course of action or interfere with lawful duties. The Gulf Stream Police Department has adopted and the Law Enforcement Oath of Honor and the Police Code of Conduct as published by the International Association of Chiefs of Police. All sworn officers are required to abide by the Oath of Honor and Code of Conduct. Civilian members should guide themselves by the same standards wherever possible. IL DEFINITION: A. Conduct unbecoming an officer - an act, on or off-duty, of immoral, improper, disorderly or intemperate personal conduct that reflects or has a tendency to reflect discredit upon the member, fellow members or the police department itself. III. PROCEDURE: A. Police officers are encouraged to be reasonable in their actions and refrain from conduct that threatens the reputation and good order of the department or that interferes with the department's ability to carry out its mission. B. It is not necessary that the alleged conduct be criminal in nature nor that it is proved beyond a reasonable doubt. It is sufficient that the complaint conduct and its attending circumstances are such as to offend publicly accepted standards of decency. C. The police department will notify a member of precisely what he or she is accused of having done in violation of this policy and will give the member the full opportunity to be heard. D. All members are required to comply with: 1 Department Standard Operating Procedure, 2. Department Rules and Regulations, 3. Town of Gulf Stream Personnel Policies, 4. The Law Enforcement Oath of Honor, and 5. The Police Code of Conduct. IV. LAW ENFORCEMENT OATH OF HONOR: On my honor, I will never betray my badge, my integrity, my character or the public trust. I will always have the courage to hold myself and others accountable for our actions. I will always uphold the laws of my country, my community and the agency I serve. V. POLICE CODE OF CONDUCT: All law enforcement officers must be fully aware of the ethical responsibilities of their position and must strive constantly to live up to the highest possible standards of professional policing. The International Association of Chiefs of Police believes it important that police officers have clear advice and counsel available to assist them in performing their duties consistent with these standards, and has adopted the following ethical mandates as guidelines to meet these ends. Primary Responsibilities of Police Officers A police officer acts as an official representative of government who is required and trusted to work within the law. The officer's powers and duties are Page 1 of 3 GULF STREAM POLICE DEPARTMENT -Code of Ethics and Conduct SOP # 2.01 conferred by statute. The fundamental duties of a police officer include serving the community, safeguarding lives and property, protecting the innocent, keeping the peace and ensuring the rights of all to liberty, equality and justice. Performance of the Duties of a Police Officer A police officer will perform all duties impartially, without favor or affection or ill will and without regard to status, sex, race, religion, political belief or aspiration. All citizens will be treated equally with courtesy, consideration and dignity. Officers will never allow personal feelings, animosities or friendships to influence official conduct. Laws will be enforced appropriately and courteously and, in carrying out their responsibilities, officers will strive to obtain maximum cooperation from the public. They will conduct themselves in appearance and deportment in such a manner as to inspire confidence and respect for the position of public trust they hold. Discretion A police officer will use responsibly the discretion vested in his or her position and exercise it within the law. The principle of reasonableness will guide the officer's determinations, and the officer will consider all surrounding circumstances in determining whether any legal action will be taken. Consistent and wise use of discretion, based on professional policing competence, will do much to preserve good relationships and retain the confidence of the public. There can be difficulty in choosing between conflicting courses of action. It is important to remember that a timely word of advice rather than arrest which may be correct in appropriate circumstances can be a more effective means of achieving a desired end. Use of Force A police officer will never employ unnecessary force or violence and will use only such force in the discharge of duty as is reasonable in all circumstances. The use of force should be used only with the greatest restraint and only after discussion, negotiation and persuasion have been found to be inappropriate or ineffective. While the use of force is occasionally unavoidable, every police officer will refrain from unnecessary infliction of pain or suffering and will never engage in cruel, degrading or inhuman treatment of any person. Confidentiality Whatever a police officer sees, hears or learns of that is of a confidential nature will be kept secret unless the performance of duty or legal provision requires otherwise. Members of the public have a right to security and privacy, and information obtained about them must not be improperly divulged Integrity A police officer will not engage in acts of corruption or bribery, nor will an officer condone such acts by other police officers. The public demands that the integrity of police officers be above reproach. Police officers must, therefore, avoid any conduct that might compromise integrity and thus undercut the public confidence in a law enforcement agency. Officers will refuse to accept any gifts, presents, subscriptions, favors, gratuities or promises that could be interpreted as seeking to cause the officer to refrain from performing official responsibilities honestly and within the law. Police officers must not receive private or special advantage from their official status. Respect from the public cannot be bought; it can only be earned and cultivated. Cooperation with Other Police Officers and Agencies Police officers will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. An officer or agency may be one among many organizations that may provide law enforcement services to a jurisdiction. It is imperative that a police officer assist colleagues fully and completely with respect and consideration at all times. Personal -Professional Capabilities Police officers will be responsible for their own standard of professional performance and will take every reasonable opportunity to enhance and improve their level of knowledge and competence. Through study and experience, a police officer can acquire the high level of knowledge and competence that is essential for the efficient and effective performance of duty. The acquisition of knowledge is a never-ending process of personal and professional development that should be pursued constantly. Page 2 of 3 GULF STREAM POLICE DEPARTMENT -Code of Ethics and Conduct SOP # 2.01 Private Life Police officers will behave in a manner that does not bring discredit to their agencies or themselves. A police officer's character and conduct while off duty must always be exemplary, thus maintaining a position of respect in the community in, which he or she lives and serves. The officer's personal behavior must be beyond reproach. Original issue: 07/01/07 VI. • Rules and Regulations. Police Officer Bill of Rights. F.S.S. 876.05 Public employees; oath. GARRETT J. WARD, Chief of Police Page 3 of 3 GULF STREAM POLICE DEPARTMENT -Arrest Procedures SOP#2.03 ARREST PROCEDURES EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department has the responsibility and duty to make arrests based upon probable cause within the town limits. In instances when a crime occurs and the department does not make a physical arrest, a report will be written and further investigation may be initiated. A. Discretion - Is the power or right conferred upon officers by law of acting officially in certain circumstances according to the dictates of one's own judgement and conscience. B. Probable Cause (Reasonable Belief) - The facts and circumstances that an officer knows or should know, based on reasonably trustworthy information to warrant a prudent person to act or think in a similar way. III. ARREST JURISDICTION: A. Gulf Stream Police Officers have law enforcement jurisdiction and authority to arrest at any time within the town limits of Gulf Stream pursuant to Town Ordinance and Florida State Statutes. B. Gulf Stream Police Officers have the authority to arrest upon fresh pursuit outside the town limits of Gulf Stream pursuant to Florida State Statutes. C. An officer may exercise law enforcement authority when he or she witnesses a violation of FSS, which is A crime of violence, outside of Gulf Stream provided the jurisdiction they are in participates in the Palm Beach County Law Enforcement Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement (MUTUAL AID). 1. The MUTUAL AID is intended to address critical, life threatening or public safety situations prevent bodily injury to citizens and/or secure the apprehension of violent criminals. 2. An officer who exercises his or her law enforcement authority outside of Gulf Stream Town Limits will do the following: a. Immediately after the situation is brought under control, notify the agency having normal jurisdiction. b. Turn the investigation over to the agency having normal jurisdiction. c. Offer any assistance requested including, but not limited to, a follow-up report documenting the event and actions taken. d. Notify a supervisor of the Gulf Stream Police Department of the enforcement action. e. Submit a memorandum to the Chief of Police within twenty four (24) hours of the incident, documenting all aspects and action taken during the incident. Approval for additional time for submittal may be granted by the Chief of Police. D. When an off-duty officer is personally involved in an incident which involves family, personal friends or neighbors, whether within the town or outside of Gulf Stream, he or she should not take any law enforcement action, unless immediate action is necessary to prevent serious bodily harm. E. Nothing in this section is meant to require or order an officer to act on a crime of violence committed in the presence of the officer outside of his or her jurisdiction, but only to authorize such action if the action would be that of a reasonably prudent person. IV. CONSTITUTIONAL RIGHTS WARNINGS (COMMONLY KNOWN AS "MIRANDA A. An officer is required to advise a person suspected of committing a crime of his or her Constitutional Rights under the "Miranda Decision" before that person is questioned when: 1. The suspect is arrested and in custody. 2. When "custodial interrogation" exists. a. This occurs when a suspect(s) freedom is limited by police to the "degree associated with formal arrest". B. The officer will read the Miranda Rights from a standard rights card or form prior to interviewing a person who is under arrest or in a custodial interrogation situation. Page 1 of 9 GULF STREAM POLICE DEPARTMENT -Arrest Procedures SOP# 2.03 Gulf Stream Police Officer without first 1. The interviewing officer will ensure that obtaining written authorization from a the person being interviewed is read the supervisor or the Chief of Police. The Miranda Rights and interviewed in the authorization will be documented on a appropriate language by an officer or narrative continuation report, which will be investigator who is fluent in that language. filed with the original report. 2. The interviewing officer will advise and explain if necessary, each provision of the Miranda Rights to ensure the subject comprehends what was said. C. The officer will request the subject sign the rights card to acknowledge that he or she understood the Miranda Rights. 1. If the subject refuses to sign or is violent and cannot be unhandcuffed, the officer will write "REFUSED' and/or "VIOLENT" on the rights card, initial the card and explain the situation in the narrative portion of his or her report. D. The officer will submit the signed or witnessed rights card with the appropriate report. V. DISCRETION: A. The spirit of the law may be adhered to where an arrest or charge of a violation is not in the best interest of the public or the police department. The letter of the law may be utilized where limits of authority are clearly defined. B. Discretion will be used when an arrest would not be in the best interest of justice, fairness or the welfare of the public. C. Should any questions arise concerning a particular situation, the officer involved shall confer with a supervisor. VI. SEARCH AND SEIZURE: A. An officer may search a person incident to arrest. B. The arresting officer may search the area within the person's immediate presence for evidence, contraband, and/or tools or weapons used in the commission of a crime or which may be used to escape. C. A strip -search will be performed by an officer of the same gender as the arrested person pursuant to FSS 901.211. 1. A strip search will not be ordered by a D. Normally an officer needs a warrant to conduct a search. Exceptions include, but are not limited to: 1. An officer may search a person, vehicle . or home without a warrant if given voluntary consent to search by the proper party. A written consent form is the preferred method of "voluntary consent". 2. A warrantless search of a vehicle is valid, if sufficient facts to support a probable cause belief that there is a presence of some type of contraband item is in the vehicle. a. When probable cause is established, an officer may search the vehicle and any containers found in the vehicle that are capable of concealing the object of the search. 3. An officer will conduct a vehicle inventory when the owner or driver is placed under arrest, and if the vehicle is towed or seized. 4. Officers who wish to "stop and frisk" must abide by Florida State Statute. An officer may only stop and frisk a person when the circumstances reasonably indicate that the person has committed, is committing or is about to commit a crime. a. When an officer conducts a "stop and frisk", and the officer has reasonable suspicion that the person is armed and the officer has a concern for his or her safety, the person may be searched to disclose the presence of a weapon. b. If a search discloses a weapon or any evidence of criminal activity, it may be seized. 5. An officer may make a warrantless search when exigent circumstances justify it. These circumstances can include public safety or that danger or harm will occur to the police or others if the officer had to wait while the warrant was being obtained. B. An officer may also conduct a warrantless search in any other situation authorized by state or federal legal Page 2 of 9 GULF STREAM POLICE DEPARTMENT -Arrest Procedures SOP#2.03 decisions. E. At the scene of a crime, the officer should obtain a search warrant if there is a belief the offender might have standing or a reasonable expectation of privacy within the scene. 1. When exigent circumstances exist, or if given valid written consent by a proper party, the officer need not seek a search warrant. 2. When the officer is unsure whether a search warrant or written consent is necessary, the officer will consult with a supervisor prior to entering the scene. F. When an officer returns to a crime scene where it is believed that the offender might have standing, the officer will obtain either consent to search from a proper party or a search warrant, unless exigent circumstances exist. 1. If a written consent or a search warrant was needed at the original scene, the officer will obtain a new written consent or search warrant each time he or she must revisit the scene. VII. DETENTION FOR THE PURPOSE OF INVESTIGATION: A. Whenever an officer encounters any person under circumstances which reasonably indicate such person has committed, is committing, or was about to commit a violation of the criminal laws of this state or the criminal ordinances of any municipality or county, he or she may temporarily detain such person for the purpose of ascertaining the person's identity and the circumstances surrounding his or her presence which lead the officer to believe that he or she had committed, was committing, or was about to commit a criminal offense. 1. No person will be detained for a time longer than reasonably necessary to determine the above. 2. The detention will not extend beyond the place it was first made or the immediate vicinity. 3. If during the detention probable cause for the person develops, the person should be arrested. 4. If, after inquiry into the circumstances, which prompted the temporary detention, no probable cause develops, the person will be released. B. If during the temporary detention, an officer has probable cause to believe the person detained is armed with a weapon and therefore offers a threat to the safety of the officer or another person, the officer may search the person detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon. If the search discloses a weapon or any evidence of a criminal offense, it may be seized. C. If during the investigation of a crime, newly acquired evidence shows probable cause no longer exists for the arrest of a person who has been arrested, such person will be released. 1. A supervisor will be notified prior to releasing the arrested person. 2. The person will be freed immediately. 3. The situation will be explained to the person. 4. The person will be transported to the original point of detention or other location reasonably indicated by the arrested person. 5. The person will be reasonably assisted in retrieving a vehicle that had been towed, returning property that had been taken from them, etc. during the incident where they were taken into custody. 6. A report will be written documenting the incident. VIII. WARRANTLESS (Probable Cause) ARRESTS: A. A person may be arrested without a warrant when: 1. That person has committed a felony, misdemeanor or violation of a municipal or county ordinance in the presence of an officer. 2. A felony has been or is being committed, or the officer has probable cause to believe that a felony has been or is being committed and the officer has probable cause to believe that the person to be arrested is committing, or has committed, it. 3. The officer has knowledge that an arrest warrant has been issued, but another Page 3 of 9 GULF STREAM POLICE DEPARTMENT -Arrest Procedures SOP# 2.03 officer is holding the warrant for execution. 4. An officer can make a warrantless arrest, based on probable cause, for misdemeanor violations that did not occur in his or her presence as authorized in FSS. B. Sworn members who have made a custodial arrest of a suspect or have established probable cause to arrest a suspect who is not in custody must present a filing packet to the Office of the State Attorney within ten (10) business days of the incident or the development of probable cause. 1. Extenuating circumstances may exist which prevent filing the case within ten (10) business days. 2. Such circumstances must be brought to the attention of a supervisor as soon as they become known. The supervisor will review the circumstances and approve or disapprove the delay. 3. If approved, the officer will file the case at the State Attorney' Office, as soon as possible within statutory limits and the officer will submit a supplemental report outlining the circumstances. C. A Gulf Stream Police Officer may make a probable cause arrest based on a Probable Cause Affidavit, which is completed by another Gulf Stream Police Officer and available at the police station. 1. When such an arrest is made, it is the responsibility of the arresting officer to notify the officer who completed the Probable Cause Affidavit that the arrest was made as soon as practical but no longer than three (3) days. The officer who completed the Probable Cause Affidavit will be responsible to file the case with the State Attorney's Office. 2. An officer who completes a Probable Cause Affidavit without an arrest and posts the affidavit in dispatch, will, if the subject is not arrested within 10 working days, present the Probable Cause Affidavit along with all other required documents and reports to the State Attorney's Office to file for a warrant. a. The officer who completed the Probable Cause Affidavit is responsible to monitor and file the case. D. A Gulf Stream Police Officer may detain a person on a request from another law enforcement agency only if sufficient probable cause exists or the information is confirmed by teletype or officers from the jurisdiction making the request are on -scene to make a positive identification. 1. If sufficient probable cause does not exist, it will be treated as an attempt to locate. 2. The originating agency will be notified of the location where the person is being detained or has been located and a request will be made for that agency to respond to that location. If it is not possible for that agency to respond, the officer will gather as much information as possible and forward such information to the originating agency. IX. ARREST WITH A WARRANT: A. An officer making an arrest by warrant will inform the person to be arrested of the cause of arrest and that a warrant has been issued, except when the person flees or forcibly resists before the officer has an opportunity to inform him/her or when giving the information would imperil the arrest. B. The officer need not have the warrant in his possession at the time of the arrest, but, on request of the arrested person(s), will make arrangements to have it shown to him/her as soon as practical. C. Officers will check PALMS, NCIC and FCIC for outstanding warrants on all arrested persons. D. If a warrant check by computer shows a "hit", the officer should make every effort to verify the warrant and confirm that the person in custody is the person on the warrant. E. Warrant information from Palm Beach County (PALMS) warrants may be verified by telephone through Palm Beach County Sheriffs Office (PBSO). F. Warrant information from agencies outside Palm Beach County will be verified by teletype. G. After verifying the warrant and the person's identity, the officer may transport the person to the G.S.P.D. for processing and make arrangements for the arrested person to be transported to the County Jail to be booked. Page 4 of 9 GULF STREAM POLICE DEPARTMENT -Arrest Procedures SOP#2.03 CRIMINAL ORDINANCE ARRESTS: H. Whenever a person is arrested on a warrant, the officer will: A. An effort will be made by officers to issue a Notice to Appear (NTA) to persons and 1. Check the computer print out (NCIC, release them on their own recognizance (ROR), FCIC, PALMS) to identify which department without booking them into the county jail, for a originated the warrant. misdemeanor law violation or violation of a county or municipal ordinance. 2. If the warrant was originated by this department, the original case number will be used and the officer will complete a supplement report. 3. If the warrant was originated by another department, a new case number will be obtained for the ADD (Assist Other Department). One case number will be used per arrested person, even if arrested for multiple warrants. 3. Warrants for FTA, Contempt of Court, and VOP are not Gulf Stream Police Department originated warrants, even though the department is listed as the originating agency on the PALMS printout. I. When a person arrested by an officer on probable cause is found to have an active warrant, the officer will obtain an additional case number for ACD. 1. The officer will use the ACD case number for the warrant arrest. 2. When the case was originated by the Gulf Stream Police Department, a supplement report to the original case number will be written. 3. The arrested person will be transported to the Palm Beach County Jail. J. Pursuant to FSS, all warrants are directed to and executed by County Sheriffs. K. If the warrant is from another county within the state or from another state, the officer must verify extradition. This will be done by teletype. 1. If the other county or state will extradite, the arrested person will be transported to the Palm Beach County Jail to await transport to the other county or state. 2. If the other county or state will not extradite; the person will be released unless there are local charges. X. NON -TRAFFIC MISDEMEANOR AND VIOLATION OF COUNTY AND MUNICIPAL 1. Positive identification must be obtained on all ROR arrests. B. A full custody arrest, which includes being booked into the County Jail, should be made if one or more of the following circumstances exist: 1. The person fails or refuses to identify himself/herself or to supply required information to complete the NTA. 2. The person fails to agree to appear to answer the charges and refuses to sign the NTA. 3. The officer has reason to believe the continued liberty of the person constitutes an unreasonable risk of bodily injury to himself or herself or others. 4.The person has no ties with the jurisdiction reasonably sufficient to assure his/her appearance or there is substantial risk he or she will refuse to respond to the notice. 5. The officer has information that the person may be wanted in another jurisdiction. 6. The person has previously failed to appear or has violated the conditions of any Pre -Trial Release Program. 7. The person is a known habitual offender. 8. The offense committed is of a violent nature or the person is displaying a violent or disorderly behavior. 9. The officer has reason to believe, either by the persons actions or words, he/she will repeat the offense if the person is not physically arrested. 10. A person has committed the offense of prowling. 11. A person has committed a misdemeanor sexual offense. Page 5 of 9 GULF STREAM POLICE DEPARTMENT -Arrest Procedures SOP# 2.03 12. Other circumstances exist, either by a person, unless emergency or exigent person's action or words, which in the circumstances exist. opinion of the officer would deem a release on recognizance inappropriate. The XII. MILITARY DESERTERS AND AWOL physical arrest under these circumstances ARREST: must be approved by a supervisor. XI. ENTRY OF A BUILDING TO EFFECT AN ARREST: A. Pursuant to F.S.S., when an officer fails to gain entry after he or she has announced his or her purpose and authority to make an arrest, either by warrant or when authorized to make an arrest for a felony without a warrant, he or she may use all reasonable force to enter any building or property where the person to be arrested is or is reasonably believed to be. 1. For the purpose of this directive, " when authorized" is defined as to prevent the imminent use of a weapon, to prevent the destruction of evidence, to protect individuals in distress, to assist victims of crimes, to investigate a felony in progress, or to investigate suspicious signs of impending danger. B. The announcement of authority and purpose is not necessary if the officer reasonably believes such announcement may cause danger to life or limb or the person to be arrested is attempting to destroy evidence or flee. C. An officer may enter a suspect's residence for the purpose of effecting a lawful arrest when he or she reasonably believes the person to be arrested is within the residence under the following circumstances: 1. The arrest is based on probable cause developed or obtained as the result of a felony and the circumstances of the crime or the character of the suspect make it impractical to obtain an arrest warrant. 2. The arrest is based on an arrest warrant, not a capias. 3. The officer is in fresh pursuit of a person suspected of committing a felony offense. 4. Entry is necessary to prevent or terminate the commission of a serious crime. D. A search warrant is required to enter a residence of someone other than the person to be arrested, for the purpose of arresting such A. Whenever a computer check is made on a person and a hit comes back for a military deserter or AWOL, the person will be arrested. The arrest will be handled in the same manner as a warrant hit. B. The hit will be verified by contacting the appropriate branch of the U.S. Military Service by phone (APPENDIX A). C. An officer will request teletype verification of an AWOL by contacting the appropriate number. A copy of the teletype information will be attached to the report. D. The arrested person will be transported to the County Jail. E. When military personnel are arrested and it is necessary for them to contact their base, the arresting officer will assist the person in establishing the contact. XIII. IMMUNITY FROM ARREST: When, in the course of responding to or investigating an apparent violation of criminal law, an officer encounters a person who is claiming Diplomatic Immunity, official U.S. Department of State identification should be requested to verify status and immunity. Below are guidelines and reflect the general rule, however employees of certain foreign countries may have higher levels of privileges and immunity because of a special bilateral agreement between their country and the U.S. When in doubt, the officer will notify his or her supervisor, who will contact the United States Department of State (APPENDIX A) and determine the person's status prior to making the arrest. A. Diplomats: 1. These officials are generally immune from arrests. 2. They may be detained only for the time necessary to confirm their diplomatic status (APPENDIX A). 3. An officer may apply reasonable constraints in emergency circumstances Page 6 of 9 GULF STREAM POLICE DEPARTMENT -Arrest Procedures SOP#2.03 involving self-defense, public safety, or the blanket shield against effective law enforcement prevention of serious criminal acts. efforts. 4. A traffic citation for non -criminal law violations may be issued to any diplomatic agent because it is not an arrest. 5. Immunity may extend to the administrative and technical staff of diplomatic agents. 6. Immunity may extend to the family members of diplomatic agents and to the family members of the administrative and technical staff of diplomatic agents. 7. Service staff employees of diplomatic personnel and the family members of the service staff generally do not have immunity. B. Consular Personnel 1. A career consular official does not have diplomatic immunity from arrests if the arrest is for a felony and pursuant to a warrant. 2. Honorary consular officers, consular employees and all family members of consular personnel do not have diplomatic immunity. 3. All consular personnel may be issued non -criminal traffic citations. C. Personnel of International Organizations, and National Missions, ie United Nations: 1. Personnel serving in the above organizations may have diplomatic immunity. Certain executive and senior staff level may be granted immunity equal to diplomats and other staff may have been granted some or limited immunity for their function. 2. All personnel of international organizations may be issued non -criminal traffic citations. 3. The US Department of State maintains status of immunity and privileges for the above organizations. a. The officer will verify each person claiming immunity through the US Department of State. D. Diplomatic immunity does not provide a 1. When a clear law violation by a diplomat occurs, police are not entirely powerless, although immunity may insulate the offender. 2. Where public safety is at issue, or a serious crime is imminent, police may intervene to halt a crime and may defend themselves and others. 3. Proper investigation and documentation of incidents is required even when arrest and prosecution is not possible due to immunity. 4. Immunity is sometimes waived. 5. The status of the diplomat may change 6. The information may be useful to the U.S. Department of State. 7. Potential non judicial diplomatic channel remedies may be available with a properly investigated and documented incident. E. Privilege from Arrests 1. Privilege from arrests extends to U. S. Senators and U. S. Representatives through the U. S. Constitution. 2. The privilege is applicable only while the official is traveling to or from a legislative session or during attendance at a session. 3. This privilege does not prevent an officer from making an arrest, but simply means the person can have the arrest set aside. The arrest remains valid until disposed of lawfully. 4. The privilege does not apply when the offense is treason, a felony, or breach of the peace. XIV. LEGAL GUIDLEINES: A. Sworn members have access to book(s) containing Florida State Statutes at the department. B. Sworn members will be issued training bulletins at regular intervals. 1. Members will have access to legal bulletins through the Police Law Institute (PLI). Page 7 of 9 GULF STREAM POLICE DEPARTMENT -Arrest Procedures SOP# 2.03 W REFERENCE: Original issue: 07/01/07 F.S.S. Ch. 901 Arrests. GARRETT J. WARD, Chief of Police Page 8 of 9 GULF STREAM POLICE DEPARTMENT -Arrest Procedures SOP #2.03 APPENDIX A A. Phone numbers to check AWOL status and/or to report arrests to military authorities: 1. U. S. Army - (317)-510-3711. 2. U. S. Navy- 1-800-201-4199 3. U. S. Marines - Business hours: (910)-450-0116 or 0415; After hours : (910)-450-0633 or 0179. 4. U. S. Air Force - (407) 494-2000 or 2008 or 2009. B. To confirm diplomatic or related status: 1) For information concerning diplomatic agents and their families, (202) 647-1985. 2) Administrative and technical service staff and families, (202) 647-1405. 3) Consular personnel and families, (202) 647-2122. 4) International Organization Personnel and their families (202) 647-1402. 5) For information on any of the above, after normal business hours, (202) 647-2412. 6) United Nations Personnel - (Information available from the host country section of the U. S. Mission to the United Nations, (212) 415-4168. After normal business hours, (212) 415-4444. Page 9 of 9 GULF STREAM POLICE DEPARTMENT -Written Procedure System SOP # 3.01 WRITTEN PROCEDURE SYSTEM EFFECTIVE: 07/01/07 I. POLICY: Written procedures are to be followed while delivering law enforcement services and accomplishing departmental goals and objectives. This policy establishes a format for the development, review, revision, distribution and maintenance of the written procedure system. The Chief of Police is the final authority to issue, modify or rescind a written procedure. All members are issued Standard Operating Procedure Manuals containing written policies, procedures, and rules and regulations. All members will familiarize themselves with the written procedures for the agency. II. DEFINITIONS: A. Standard Operating Procedure - (S.O.P.) a written document which is a guide for carrying out agency objectives. Sometimes procedures allow latitude and discretion in carrying out the activity. B. Policy Statement - A broad statement of principles of the department for the attainment of various goals and objectives. C. Addendum - will modify a specific written procedure. D. Rules and Regulations - A specific procedure from which no deviations or exceptions are permitted . E Department Memorandum - A written communication that contains information used to clarify, inform, inquire or convey orders. Addendum, not memorandums, will be used to note changes in procedure (Appendix A). III. STANDARD OPERATING PROCEDURES AND MANUAL: A. The Standard Operating Procedure manual will be indexed in the following manner: 1. The Table of Contents contains all the components of the manual, listing them by order of insertion or policy number. 2. The Introduction may contain a message from the Chief, Departmental Philosophy and the Department's Mission Statement. 3. Rules and Regulations are identified by subject matter addressed. Each subject is numbered sequentially. Each Rule and/or Regulation, which is written in narrative form, is placed in the subject area it pertains to and given a two -digit number with a dash in between the two numbers. The first number is the number of the subject matter heading and the second is the sequential order of the Rule or Regulation under that particular heading (Example 5-1). 4. The Standard Operating Procedure Manual is organized into chapters. The chapters contain policies that are similar or related. a. Written procedures are organized by procedure number. b. The identification number of the originator(s) is noted in the signature box. c. An authorization signature of the Chief of Police will be affixed to all Standard Operating Procedures. 5. The Index will be organized in numerical order. 6. The Appendix is the supplemental material that affects the policy and is attached at the end of a policy. B. To ensure accountability for department manuals, each manual will be assigned an individual number. Each member will sign a written receipt for his or her assigned manual. C. Individual employees receiving a procedure for inclusion in a manual will place the procedure in the appropriate section. Each member will sign a written receipt for any additions to the manual. D. An inspection of the manuals will be conducted by each member's immediate supervisor to determine if the manuals are being kept current and in proper condition. This inspection will be completed at the time of the Employee Performance Evaluation and at any other time deemed necessary by their Supervisor. E. All members are required to have a sound working knowledge of the S.O.P. manual. Each member is responsible for seeking clarification Page 1 of 3 GULF STREAM POLICE DEPARTMENT -Written Procedure System SOP # 3.01 of a S.O.P., if it is not fully understood, from his or her immediate supervisor. IV. WRITTEN PROCEDURES: The Chief of Police will issue: A. Standard Operating Procedures, Rules and Regulations, and Addendums. B. The Chief of Police or designee is responsible for disseminating written procedures to all affected police personnel through the chain of command. C. Department memorandums may be prepared by any member of the police department subject to approval by his or her immediate supervisor. 1. Memorandums will be written in the prescribed format. D. To eliminate duplication of effort and create effective planning, the Chief of Police will be notified anytime a policy or written directive is being developed or revised. 1. The Chief of Police must review and approve any revisions or new written procedure. V. PROCEDURES FOR DOCUMENTING, REVISING, REVIEWING AND DISTRIBUTING POLICIES AND PROCEDURES: A. Any member of the department identifying the need for a new procedure or the revision or update of an existing directive will submit the proposed directive(s) or change(s) with all pertinent information through the chain of command to the Chief of Police. B. The Chief of Police or a designee will evaluate the proposal for functional intent and effectiveness. If it is determined that a new directive is needed or an existing one needs revising, the Chief of Police will: 1. Assign a member to prepare a draft of the proposed procedure or addendum, 2. Distribute copies of the draft to any other personnel designated by the Chief of Police for their review, and 3. Set a return date for the draft, allowing adequate time for review and feedback. C. When all drafts are returned, the Chief of Police will, if necessary, assign a member to prepare amended drafts that include suggested changes submitted during the review process. D. Upon approval by the Chief of Police, The Chief or designee will have a copy of the procedure or addendum printed for distribution to all members. 1. When a new policy or procedure is issued, the word "New" will appear in the signature box. 2. When a change, revision or correction is made to a policy the change, revision or correction will be noted in the signature box at the end of the policy. E. Upon receiving the printed copies of the new procedure, The Chief of Police or designee will issue them with the Receipt Forms (Appendix E) to each member. 1. The Chief of Police or designee will verify receipt of the procedure by having each member sign the receipt Form. 3. The member will then place the procedure in his or her assigned manual. 4. The Receipt Form will then be filed by the Chief of Police. F. Written procedures will be reviewed as necessary for purposes of updating or revising. Written procedures are not self -canceling unless specifically stated in the procedure. Each procedure is in effect until it is amended, superseded, rescinded, or abrogated by law or court decision. G. Written procedures will be maintained by the Chief of Police or designee until they are revised. The outdated directives will be maintained in a historical file. VI. FORMAT FOR WRITTEN PROCEDURES: A. All departmental procedures will be written in narrative outline form. GULF STREAM POLICE DEPARTMENT -Written Procedure System SOP # 3.01 Original issue: 07/01/07 GARRETT J. WARD, Chief of Police Page 3 of 3 GULF STREAM POLICE DEPARTMENT -Written Procedure System SOP # 3.01 Appendix NOT USED AT THIS TIME E.A. GULF STREAM POLICE DEPARTMENT -Written Procedure System SOP # 3.01 Appendix B NOT USED AT THIS TIME E.A. Page 5 of 3 GULF STREAM POLICE DEPARTMENT -Written Procedure System SOP # 3.01 Appendix C NOT USED AT THIS TIME E.A. GULF STREAM POLICE DEPARTMENT -Written Procedure Appendix D NOT USED AT THIS TIME E.A. SOP # 3.01 Page 7 of 3 GULF STREAM POLICE DEPARTMENT -Written Procedure System SOP # 3.01 Appendix E NOT USED AT THIS TIME E.A. GULF STREAM POLICE DEPARTMENT -Use of Control SOP # 4.01 USE OF CONTROL III. USE OF CONTROL CONTINUUM: EFFECTIVE: 07/01107 I. POLICY: Gulf Stream Police Officers are permitted to only use the degree of force that is necessary to accomplish their lawful objectives. Officers must be reasonable in their actions when using any type of force. In situations involving non- lethal force, an officer should attempt to exhaust all alternatives before resorting to physical force. Gulf Stream Police Officers are authorized to use lethal force when there is reason to believe that such force is necessary to protect life and prevent or minimize great bodily harm. Officers must always bear in mind that the use of lethal force will be limited to situations where there is an imminent threat of death or great bodily harm. Whenever any type of non -lethal or lethal force is used, the officer will charge the subject(s) with the appropriate resisting arrest charge for the level of resistance. IL DEFINITIONS: A. Non -Lethal Force -Force that is not likely to cause death or great bodily harm. B. Lethal Force - Force which is likely to cause death or great bodily harm. C. Force Continuum - A term that is used to designate appropriate conduct for an officer when using force to establish control of a resisting subject. The level of force necessary to establish control is directly related to the level of resistance an individual is exerting. D. Control — Levels of force used by an officer to influence or overcome the unlawful or physical actions of a subject. E. Resistance - The subject(s) attempt to evade an officer's attempt(s) to control. F. Great Bodily Harm - A condition which creates a substantial risk of death or serious injury to the officer or another person. G. Probable Cause (Reasonable Belief) - The facts and circumstances that the officer knows or should know, based on reasonable trustworthy information sufficient to warrant a prudent person to act or think in a similar way. A. The officer's levels of Control - 1. Officer Presence- Identification of authority. 2. Verbal Direction - Commands of direction or arrest. 3. Aerosol Subject Restraint (ASR)/OC. ASR can be used: a. when less control techniques in all likelihood may fail, or b. when greater control techniques in all likelihood may lead to injury. 4. Soft Control /Passive Resistance - Techniques that have a minimal chance of injury to the officer and/or subject(s) involved, but have a high probability of control. Examples include: a. escort position, b. pressure points, c. empty hand joint locks, d. assisted empty hand arm locks using impact weapons, e. handcuffing and/or supplemental restraints. 5. Hard Control Techniques - Techniques that have a probability of injury to the subject(s) involved and a high probability of control. Examples include: a. punches and kicks, b. impact weapon strikes, c. less -lethal force, and d. canines (K-9). 6. Lethal Force - Force that is likely to cause death or great bodily harm. IV. LEVELS OF RESISTANCE: A. Subject's Actions: 1. Psychological intimidation— Nonverbal cue indicating subject's attitude, appearance, and physical readiness. 2. Verbal noncompliance -Verbal responses indicating unwillingness to comply, or threats. 3. Passive resistance - Physical actions that do not prevent the officer's attempt to Page 1 of 7 GULF STREAM POLICE DEPARTMENT -Use of Control SOP # 4.01 control and no attempt is made to harm the officer (example: going limp). 1. Non -lethal force will be used only when 4. Defensive resistance - Physical actions which attempt to prevent the officer's control, but no attempt is made to harm the officer, (example: a person simply clutches his or her arms tightly to the chest to prevent the application of handcuffs or pulls away). 5. Active aggression - Physical actions of assault and/or battery. 6. Aggravated active aggression - Lethal forces encounter or takes officer(s) OC spray or other non -lethal weapon. B. Officer's Perception of Danger and Level of Resistance: 1. When an officer determines that he or she must use force, the level of force used would be dependent upon the officer's perception of the resistance and/or whether the resistance is placing the officer or others in jeopardy of serious injury or death. 2. If the officer's presence and verbal direction are not successful in establishing control, the officer is trained to escalate the level of control. a. Escalating the level of control is accomplished by using the "One Plus One Theory" of escalation and only escalating to the next level of force that is justified and/or necessary considering the amount of resistance given and the potential for injury to the subject by using that type of control. 3. It is not necessary to escalate or de- escalate through all steps to reach another control level, the officer may use any appropriate level of force to gain control. V. USE OF NON -LETHAL FORCE: A. All force used by a Gulf Stream Police Officer, whether it is non -lethal or lethal, will be only that force necessary to effect lawful objectives. B. Non -lethal force may be used by an officer, when necessary, to effect an arrest, to overcome resistance to an arrest, for self- defense, to prevent an escape, or to perform other official duties. Page 2 of 7 necessary, and then, only the necessary force to control the situation will be used. 2. Any officer applying non -lethal force as defined in this policy will be prohibited from using a lateral vascular neck restraint (i.e., "choke hold"). VI. USE OF LETHAL FORCE: A. Police officers of this department are authorized to use lethal force when there is reason to believe that such force is necessary. 1. Officers using force will use only the degree of force necessary to effect their lawful objectives. B. When using lethal force to protect life, the element of effecting an arrest need not be present. C. The following is when the use of such force is the only reasonable option: 1. To prevent the imminent threat of death or great bodily harm to the officer and/or to another person. D. When feasible, the officer will give a verbal warning prior to the application of lethal force. VII. INJURY FOLLOWING USE OF FORCE: A. Whenever any type of force is used or any action is taken that results in the injury or death of a person, the officer using the force will, immediately or immediately after the situation or person is brought under control, notify a supervisor to respond to the scene. B. Dispatch will be contacted immediately to summon medical aid whenever the use of force results in injury, there is an observable injury or a complaint of injury. VIII. USE OF FIREARMS: A. Officers are not justified in the use of a firearm against a misdemeanor offender unless a misdemeanor arrest escalates to the point that the officer must defend himself or herself or another from death or great bodily harm. B. An officer may use a firearm to destroy an animal for self- defense or to prevent GULF STREAM POLICE DEPARTMENT -Use of Control SOP # 4.01 substantial harm to another. 1. If an animal is injured or killed, the officer will contact his or her supervisor immediately and notify them of the situation. Palm Beach County Animal Regulation will be requested to respond and handle the injured animal. The officer will make a reasonable effort to contact the owner. 2. When an animal is destroyed by an officer, a review will be conducted by the officer's supervisor as described in SOP # 27.01. C. Officers are prohibited from shooting a firearm when it appears likely that an innocent person may be injured, except in a situation that is life threatening to the officer or another. D. Officers should not shoot a firearm at or from a moving vehicle except in a situation that is life threatening to the officer or another. E. Officers who are authorized to carry revolvers will fire double action at all times. F. Nothing in this procedure will preclude an officer from unholstering and displaying his or her firearm when the possibility of danger to anyone exists. G. Under no circumstances will a warning shot be fired by a Gulf Stream Police officer. H. Whenever an officer discharges a firearm on or off duty, other than for training or recreational purposes, the officer will notify a supervisor of the incident. This will include all incidents involving accidental or unintentional discharge of any firearm by a member and includes a primary firearm, secondary or back up firearm, shotgun, or off-duty firearm. 1. A supervisor will respond to the scene of the incident within the town limits to conduct an administrative investigation. 2. A supervisor or designee may respond to the scene of the incident outside the town limits to conduct an administrative investigation 3. The officer will, as soon as possible after the incident, complete a report of the circumstances surrounding the discharge so an investigation may be completed (SOP # 27.01). IX. PROCEDURE FOR USE OF CONTROL REPORT: A. The incidents which require a Use of Control Report (Appendix A) are: 1. Whenever a person is injured as a result of using a police canine for apprehension. 2. Whenever physical force is used on any person including, but not be limited to; a. When a person is charged with resisting arrest as a result of physical contact with an officer; b. When there is any observable injury or complaint of injury to any subject(s) or police member(s) as a result of physical contact between the subject(s) and member(s); c. Whenever an officer strikes a subject with an impact weapon or any object; d. Whenever a member uses oleoresin capsicum spray or other approved chemical agents and e. Whenever a firearm is drawn and pointed at a person to gain control. 3. Whenever a firearm is discharged on or off-duty other than for training or recreational purposes. a. If the discharge of a firearm is accidental and no control of persons is involved, a supervisor will complete a report in memorandum form. A copy will be forwarded to the Chief of Police for review. b. If there is a discharge of a firearm, intentional or accidental, during a use of control incident, the Chief of Police will be noted of the incident immediately. The Chief of Police will determine who will investigate the incident. c. PBSO and the State Attorneys investigator(s) will respond to police shootings where injury is involved. Page 3 of 7 Control 4. When a death results from a use of control incident, the on-call division commander will be notified and PBSO Investigator(s) will be called to investigate the incident. a. The State Attorney's Office will also be notified to respond. 5. Any in custody deaths will be investigated by PBSO. a. The State Attorney's Office will also be notified to respond. B. It is the responsibility of the member involved in a use of control incident to report it to his or her shift supervisor immediately after the incident is brought under control. 1. Any time a member uses control, he or she is required to submit a written report documenting the incident. It will be the responsibility of the shift supervisor on call supervisor to assure that the Chief of Police is notified whenever a police officer is involved in a shooting incident or an in - custody death occurs. C. It will be the responsibility of the supervisor to Original 07/01/07 Page 4 of 7 SOP # 4.01 complete the Use of 1. The Use of Control Report is written by the supervisor and the report will be submitted to the Chief of Police. D. All Use of Control Reports and accidental discharge memorandums will be forwarded to Chief of Police when completed for review. 1. If an administrative investigation is Requested, the request will be forwarded along with the Use of Control Report to the Chief of Police. E# • SOP # 4.02 Weapons and Ammunition. • SOP # 17.07 Vehicle Pursuits. • SOP # 27.01 Internal Affairs Function. • Chapter 776 of Florida State Statutes Justifiable Use of Force. • Tennessee vs. Garner, 105 S.Ct. 1694,1701 (1985) provides sufficient justification for limiting use of deadly force to those instances where a suspect poses an immediate and imminent threat of serious physical harm to the officer or others. Garrett J. Ward, Chief of Police GULF STREAM POLICE DEPARTMENT -Use of Control SOP # 4.01 APPENDIX A GULF STREAM POLICE DEPARTMENT USE OF CONTROL FORM SUBJECT INFORMATION Last Name First Name Initial fflj:qil Address CityState A.K.A. D.O.B. Sex Race Height Weight Impaired by Drugs or Mcohal: Yes_ No Unable to determine Injury received: Yes No No apparent Injury_ If yes, describe In detail Medical Treatment -Paramedic: Yes No Paramedic #1 Medical treatment -Hospital: Photographs Taken : Photograph(s) Taken by: Yes_ Na_ Hospital Physician's Name Yes_ No_ Polaroid_ 35MM _ Digital Date / Time Weapon Involved : Yes _ No _ Type of Weapon Charges: RESISTING W/ VIOLENCE RESISTING W/O VIOLENCE BATTERY ON LEO Other Charges Specify Last OFFICER INFORMATION First Name On Duty: Yes No Extra Duty Detail _ In Uniform : Yes _ No Officer Injury received : Yes _ No _ If Yes, describe In detail Initial ID# Medical Treatment -Paramedic: Yes_ No_ Paramedic #1 Paramedic #2 Medical treatment -Hospital: Yes_ No_ Hospital Physician's Name Photographs Taken : Yes_ No_ Polaroid_ 35MM _ Digital Photograph(s) Taken by: Date /Time Weapons / Instrumentalities / Tactics Used: Physical (Hands, Feet, Fist. Elbow or Knee) _ Impact (Asp, Baton) _ OC Spray (see OC section) K-9 Agency/ Handler other Agency Case # —Firearm: Make Model Serial # # of Rounds Expended Type of Ammo Other Specify Original 07/01/07 Caliber Page 5 of 7 GULF STREAM POLICE DEPARTMENT -Use of Control SOP # 4.01 Signed Print name Date IMMEDIATE SUPERVISOR REVIEW Name Rank Date Comments STAFF REVIEW Name Comments CHIEF OF POLICE Page 6 of 7 Rank Date TE GULF STREAM POLICE DEPARTMENT -Use of Control SOP # 4.01 OC SPRAY SECTION Subject sprayed: Outside Inside (Building or Vehicle) Approx. Seconds sprayed Skin Color: Dark Medium Light Was subject perspiring Sun Burned Weather Conditions Day Night Sunny Rain Effects Of Spray: Was Subject sprayed more than once : Yes No # Of Times Actions taken to neutralize or alleviate effects of spray: POLICE EMPLOYEE(S) Name Name Supplemental Report Filed: CIVILIAN Name Last Address Phone # Name Last Address Phone # Yes No WITNESS INFORMATION Name _ Name First Middle City / State First City / State _ Middle INCIDENT COMPLETE DETAILED NARRATIVE OF OCCURRENCE. (USE ADDITIONAL SHEETS IF NECESSARY.) Paye 7 ui 7 GULF STREAM POLICE DEPARTMENT -Weapons & Ammunition SOP # 4.02 WEAPONS AND AMMUNITION EFFECTIVE: 07/01107 I. POLICY: The Gulf Stream Police Department has identified and established guidelines for the use of approved weapons and/or ammunition for sworn personnel. II. DEFINITIONS: A. Department Approval - Approval from the Chief of Police or designee. B. Service Weapon - Any department issued or approved handgun provided to or by an officer as his or her primary weapon carried on or about their person during their tour of duty. C. Secondary/Off-Duty Weapon -A secondary weapon is an approved handgun other than the primary service weapon, which is carried concealed while on or off-duty or during special assignments. D. Police Shotgun - Any shotgun issued or authorized for an officer to carry on duty. E. Duty Ammunition -Ammunition authorized by the Chief of Police or designee for use in service, secondary and off duty weapons. F. Proficiency - A demonstration of weapon operation, care, maintenance, disassembly, and assembly knowledge. Members must also be familiar with the capabilities and limitations of the ammunition and holster. G. Qualification - A course designed to demonstrate proficiency using a particular weapon by obtaining an acceptable grade on a weapons standards course. III. NON -LETHAL WEAPONS: A. The following are department approved non- lethal defensive weapons which officers are trained in and permitted to carry or use: 1. ASR/OC (Oleoresin Capsicum), and 2. Impact weapon. B. Before an officer is issued or may use any of the above approved non -lethal weapons, he or she must attend a department approved training class in the use of these weapons. 1. Training received in the Basic Standard Police Recruit Class or a current department approved certification on the use of any of the approved non -lethal weapons will satisfy the requirement. C. Approved non -lethal weapons are to be used by officers only in the manner they were instructed in training classes. D. Approved non -lethal weapons are to be used only when necessary for self-defense, to protect others from injury, and to overcome resistance to arrest. In these instances, only the force necessary will be used. E. Whenever an officer uses any of the approved non -lethal weapons to control a person, the officer will notify the shift supervisor immediately after the incident is brought under control. 1. The shift supervisor or designee will complete a Use of Control form documenting the weapon used, how the weapon was used, and the injuries, if any, sustained as a result of using the weapon. F. The use of non -lethal weapons such as beanbag rounds, chemical agents, diversionary devices or other non -lethal weapons by specially trained personnel, when authorized by the Chief of Police or a designee, is not prohibited by this procedure. G. The Chief of Police has authorized police officers to carry department approved non -lethal weapons while off-duty. H. The following are non -lethal weapons that an officer is prohibited by the department from carrying or using: 1. Blackjack or slapjacks, 2. Nunchucks, Page 1 of 7 GULF STREAM POLICE DEPARTMENT -Weapons & Ammunition SOP # 4.02 3. Chemical mace, 4. Any non -lethal weapon that uses an electrical discharge, and 5. Sap gloves. IV. FIREARMS: A. All uniformed road patrol officers will carry a department issued (Appendix A) or approved service weapon in a department approved holster, while on duty. 1. The department may approve personal service firearms for road patrol duty in .40 S & W, .38 caliber or 9 mm caliber. B. All non -road patrol officers will carry a department -approved firearm, concealed or unconcealed in an approved holster, while on duty. If the firearm is unconcealed, the department badge must be conspicuously displayed. C. All police officers are permitted to carry one concealed secondary firearm as a back up weapon while on duty. 1. Any secondary weapon will be a make, model and caliber approved by the Chief of Police or a designee prior to use by an officer. Officers will complete a Request to Carry Personally Owned Firearm Form (Appendix B) and submit it to the Chief of Police. 2. The secondary weapon will be capable of being carried concealed and will meet the following specifications: a. A revolver chambered to accept and fire five or six rounds of .38 caliber department approved ammunition with a barrel length of two, but not more than fourinches. b. A double action semiautomatic pistol chambered to accept .380 caliber or larger. c. The Chief of Police or designee reserves the right to disapprove any request to carry an off-duty or a secondary weapon based on his or her safety inspection of the weapon. D. The Chief of Police has authorized police officers to carry concealed firearms while off- duty. 1. The service weapon is authorized for off- duty concealed carry. 2. Personally owned off-duty firearms must meet the same specifications as the secondary weapon before they will be approved for carry and use by an off-duty officer. E. While off-duty and within the Town of Gulf Stream, full-time sworn police officers should have in their possession a department approved firearm and police identification card. F. Under no circumstance will members carry department authorized firearms off-duty when under the influence of alcoholic beverages or other substances to the extent that their normal faculties are impaired. G. Police officers may carry and use a department issued shotgun while on duty. 1. Department issued shotguns will be secured in a protective carrying case in the trunk. 2. A shotgun may be carried only after the officer attends a department approved shotgun course and displays an adequate degree of proficiency. V. PROFICIENCY AND QUALIFICATIONS WITH FIREARMS: A. Qualification courses are designed by the City of Delray Beach Range Master and are designed to meet department training needs and requirements of the Florida Criminal Justice Standards and Training Commission. Lesson plans and course descriptions are kept on file in the Delray Beach Police department training files. B. A minimum qualifying score or a pass/fail standard may be set for courses of fire. C. Ammunition fired during qualification is duty ammunition or equivalent in bullet weight, type and projectile velocity. Page 2 of 7 GULF STREAM POLICE DEPARTMENT -Weapons & Ammunition SOP # 4.02 D. All sworn police officers will qualify annually with their service weapon and their secondary/off-duty weapon(s). Shotgun qualification will be required of all officers. E. During the annual firearm qualification, police officers will be instructed in the deadly force policy. VI. FAILURE TO QUALIFY/SERVICE WEAPON OR POLICE SHOTGUN: A. Police officers failing to qualify on the first attempt with their service weapon or police shotgun during annual qualifications will fire the course an additional two times. The officer must have a minimum qualifying score for both attempts. 1. Any police officer failing to qualify will be placed on paid administrative leave. The officer will be relieved of all department issued service weapons, not authorized to carry an off-duty and/or a secondary weapon, and additional training will be provided. B. Any police officer placed on administrative leave for failure to qualify, is allowed an additional seven (7) calendar days from the date of administrative leave to qualify. 1. Police officers failing to qualify after re- testing will be placed on administrative duty without pay until the officer meets qualification standards, not to exceed thirty (30) days. C. Police officers failing to annually qualify due to injury or illness will be scheduled to qualify within ten (10) days of returning to duty. D. Nothing in this procedure is a bar or protection to any extent against the loss of police powers through failure to meet minimum standards for certification as established by the State of Florida. VII. FAILURE TO QUALIFY/OFF-DUTY WEAPON OR SECONDARY WEAPON: A. Any police officer failing to qualify with an approved off-duty or secondary weapon must re -fire the course two times and must qualify both times. B. Unsuccessful qualifications are documented and forwarded to the Chief of Police. If authorization was previously given for off-duty or secondary weapon, it is immediately revoked administratively. C. Police officers failing to qualify with a particular weapon may resubmit a request to fire that same weapon, or a different one, at the officer's next regularly scheduled qualification date. VIII. SPECIAL TRAINING AND QUALIFICATION: A. The department may issue other firearms and provide specialized training including modified shotgun, limited illumination, stress shooting, undercover shooting and reactionary shooting as needed. IX. MAINTENANCE AND INSPECTION OF WEAPONS: A. The department armorer will inspect all firearms an officer is authorized to carry and use, both on and off duty, at least annually, and at other times he or she deems necessary, for function, reliability, safety, and compliance to this procedure. B. Department firearms will not be altered, modified, or repaired except by the department armorer. If a personally owned firearm approved for carrying and use off-duty is altered, modified, or repaired, the firearm must be inspected by the department armorer prior to and immediately after the alteration, modification, or repair, for continued approval. This will not prohibit placing approved grips and/or sights on a secondary or off-duty firearm. C. All officers are responsible for the proper care, cleaning, and treatment of all firearms they are authorized to carry and use both off and on -duty. D. The department armorer will maintain an inventory of all department weapons and records for approved off-duty weapons. X. USE OF FIREARMS: A. Whenever a firearm is used, the department Page 3 of 7 GULF STREAM POLICE DEPARTMENT -Weapons & Ammunition SOP # 4.02 Use of Force policy must be strictly adhered to. B. Whenever an officer discharges a firearm on or off duty, other than for training or recreational purposes, the officer will notify the shift supervisor of the incident. This will include all incidents involving accidental or unintentional discharge of any firearm. 1. The officer will, as soon as possible after the incident, submit a Use of Control form documenting the circumstances surrounding the discharge of the firearm. C. Officers are prohibited from shooting a firearm when it appears likely that an innocent person may be injured, except in a situation that is life threatening to the officer or another. D. An officer may use a firearm to destroy an animal, in self-defense or to prevent substantial harm to another by an animal. 1. If an animal is injured or killed, the officer will contact the shift supervisor immediately and notify him or her of the situation. Palm Beach County Animal Regulation will be requested to respond and handle the injured animal. XI. HOLSTERS/EQUIPMENT: A. While on -duty, all uniformed and non - uniformed sworn police officers will wear and use a holster that is approved by the department for their primary duty service firearm and, their secondary backup firearm, if carried. B. All sworn police officers, when carrying a firearm off-duty, will use a department -approved holster. 1. If the firearm is carried in a purse, fanny or waist type bag, it will be in a department - approved holster or in a separate compartment in the purse or bag. C. All sworn police officers are required to demonstrate proficiency with all duty (primary and secondary) holsters they use at the annual qualification for duty firearms. All sworn police officers will be required to demonstrate proficiency with all off-duty holsters they use at the annual qualification for off-duty firearms. XII. INSTRUCTION AND TRAINING IN USE OF FORCE: A. Prior to being authorized to carry or use a firearm or any other weapon approved by the department, the officer will be instructed in this policy and any other current directives that pertain to use of force and/or weapons. B. During any weapons training classes, directives pertaining to use of force and/or weapons will be reviewed for training purposes. C. All officers will be instructed in new or revised directives pertaining to use of force and/or weapons when issued or in conjunction with a scheduled in-service training session. XIII. AMMUNITION: A. All sworn police officers will carry and use only department approved and/or issued ammunition for any firearm they are issued to carry on duty (Appendix A). B. Magazines for authorized semi-automatic pistols will be charged to capacity. An additional round will be chambered in each weapon. C. Only factory loaded, department approved ammunition will be used in shotguns and special purpose tactical firearms. D. While on duty, each uniformed patrol officer will carry on their person two (2) additional magazines of ammunition to reload their primary duty service firearm. E. While on duty, each non -uniformed officer will carry on their person or have readily available sufficient ammunition to reload their primary duty service firearm once. F. The following types of ammunition are prohibited for any issued or authorized firearm: 1. Explosive or combustible rounds, 2. Magnum rounds, 3. Rounds containing multiple pellets, except for approved shotgun ammunition, and 4. Metal piercing rounds. XIV. TACTICAL FOLDING KNIVES: Page 4 of 7 GULF STREAM POLICE DEPARTMENT -Weapons & Ammunition SOP # 4.02 A. The department authorizes sworn members to possess and use a tactical folding knife, both on and off duty. It is recognized that officers may have many needs for a folding knife, including both general work and for limited defensive purposes. 1. Approved tactical knives are folding, manual opening with blade length of 4 inches or less. 2. Automatic blades or spring loaded knives are prohibited. B. The tactical folding knife is primarily used as a general cutting tool to assist in daily duties. 1. The officer will use reasonable care in the use of the tactical folding knife as a cutting tool. 2. The officer will not exhibitor handle the knife in a careless manner. 3. The officer will use care in the general use of the knife to prevent damage to property. Original Issue: 07/01/07 B. The tactical knife is not considered a primary weapon in a defense of life situation, officers may under extraordinary circumstances, use a tactical folding knife in defense of their life and the lives of others. Officer will follow department use of force procedures in the use of any weapon. 1. Use of a tactical folding knife in a defense of life situation is considered deadly force. C. The tactical folding knife will be carried in a duty belt holder or in a pocket. D. The possession and use of a fixed blade knife for uniformed patrol is prohibited. XV.REFERENCE: • SOP # 4.01 Use of Force. • SOP # 18.20 Investigations of Critical Incidents. F.S.S. 790.052 Carrying concealed firearms; off-duty law enforcement officers. Garrett J. Ward, Chief of Police Page 5 of 7 GULF STREAM POLICE DEPARTMENT -Weapons & Ammunition SOP # 4.02 Appendix A WEAPONS AND AMMUNITION The current issue service weapon is the Smith & Wesson Model 5846 9mm Semi -Automatic pistol. The current police shotgun is the 12 gauge shotgun, Smith & Wesson and Remington Model 870. The current issue pistol duty rounds are Winchester 9mm 147 grain sxt. . The current shotgun round is the Remington, 12 gauge, 23/4 in., 9 pellet, 00 buck. Page 6 of 7 GULF STREAM POLICE DEPARTMENT -Weapons & Ammunition SOP # 4.02 Appendix B GULF STREAM POLICE DEPARTMENT REQUEST TO CARRY PERSONALLY OWNED FIREARM Name: ID #: Firearm Serial Barrel Length: Finish: Anticipated Use: Uniformed Duty: Non -Uniformed Duty: Additional On -Duty: _ Off -Duty: _ Signature of Officer Date Inspected for make, model, function, and reliability: Approved: Disapproved: Officer demonstrated proficiency with firearm: Request to carry granted: Request to carry denied: Signature of Range Master Signature of Chief of Police Date Date FIREARMS MUST MEET SPECIFICATIONS AS OUTLINED IN SOP # 4.0 Page 7 of 7 GULF STREAM POLICE DEPARTMENT -Less -Lethal Ammunition and System SOP # 4.03 LESS -LETHAL LAUNCHED AMMUNITION AND ORDNANCE SYSTEM EFFECTIVE DATE: NOT USED AT THIS TIME ACCREDITATION STANDARD: NIA I. POLICY: The Lantana Police Department has authorized the use of a less -lethal weapons system to deliver Kinetic Energy Impact Projectiles when non-compliant, violent, combative, and/or armed subjects are involved in situations that may lead to potentially violent confrontations. The department realizes that special training and equipment are necessary to effectively de-escalate these dangerous situations with a lesser risk of great bodily injury or death to the subject. It. DEFINITIONS: A. Less -Lethal Force- Force intended to subdue, incapacitate, or render a subject non- threatening with a lesser possibility of causing great bodily harm or death. B. Kinetic Energy Impact Proiectiles- Ammunition designed and developed to be launched at human targets with a lesser possibility of producing fatal results. These munitions may cause injuries similar to those of traditional police impact weapons and can be referred to as "extended range impact weapons." Although designed to incapacitate without causing great bodily harm or death, that possibility always exists even when the munitions are deployed properly. C. Safety Priorities- The department's safety priorities are established as follows: 1.Innocent bystanders — Free & direct them to safety as soon as possible. 2. Hostages — Free & escort to safety as soon as possible. 3. Police Officers — The most tactically sound plan will always require a level of risk to police officers. 4. Subject — Stop his or her actions by arrest or force. 111. TRAINING: A. No officer may operate the less -lethal weapon system until he or she has successfully completed departmental or an approved training program. B. All less -lethal weapon system operators will qualify on an annual basis. IV. EQUIPMENT STORAGE AND ACCESSIBILITY: A. Less -lethal weapon systems will be secured in the armory or in a high impact, waterproof case and transported in the trunk of the shift supervisor's vehicle. V. DEPLOYMENT TECHNIQUES: A. The less -lethal weapon system will not be deployed by any officer unless the shift supervisor or other command supervisor is on the scene to authorize deployment. B. The intended use of Less -Lethal Force will be communicated to the other officers present prior to deployment to negate any perception of gunfire. C. The authorized officer will ensure the weapon is fully loaded and ready for immediate deployment prior to engaging a target. D. Each time there is a potential for the use of the less -lethal weapon system, the operator will have an officer with him or her to provide immediate back-up. E. Whenever possible, Fire/Rescue will be notified to stand by at the scene prior to the less -lethal force being deployed. F. Prior to the deployment of the less -lethal weapon system, an arrest team will be selected to approach the subject and take him or her into custody. G. Prior to deploying less -lethal force, officers will consider: 1. The level of force being confronted; 2. The proximity and/or access of subject to officers; and Page 1 of 5 GULF STREAM POLICE DEPARTMENT -Less Lethal Ammunition and System SOP # 4.03 3. The department safety priorities. H. Target areas on the subject will be determined by the severity of each situation. The target areas are defined as: 1. Low severity- extremities. 2. Moderate severity- lower abdomen. 3. Extreme severity- chest/torso area. 4. Only if the event escalates into a lethal force confrontation will any round be fired at the head or neck area of the subject. I. When engaging a target, the officer will evaluate the effectiveness of each round during the volley. Compliance and/or incapacitation is the desired goal and alternative target areas should be considered when rounds are not effective. Alternative target area considerations will be based on the circumstances the officer is encountering and the department safety priorities. J. Subjects who are struck with a less -lethal round will be transported to a medical facility as soon as is practical. 1. The potential, although reduced, for causing serious bodily injury or death by such projectiles is a reality. This potential is greatly reduced when impacts to the neck and head are avoided and when proper medical treatment is provided in cases where the subject is struck in an area that may conceal a closed injury. These areas include, but are not limited to, the chest, back, thoracic and abdominal areas, and the groin. K. At any time during the incident, the shift supervisor or command supervisor may order the weapon operator to disengage and not fire. 1. At no time will the shift supervisor or command supervisor issue an order for the operator to fire the weapon if it is not warranted. 2. Even when authorized, the operator need not fire if he or she feels it is unnecessary, unsafe, or not prudent. w L. The assigned officer, when returning the weapon to the shift supervisor, will report any damage and/or required repairs. The weapon will be delivered to the Range Master for inspection and/or repair as soon as practical. A. The shift supervisor will ensure the weapon system is in the trunk compartment of the vehicle he or she takes into service. B. The shift supervisor will inspect the weapon system to ensure there are six (6) KO -1 standard energy rounds available. C. The shift supervisor will ensure six (6) KO -1 LE (less energy) rounds are present in the carrying case. D. The Range Master will inspect the weapon and replace the ammunition, if needed, at three (3) month intervals. The inspection will be noted on the Less -Lethal Weapon/Ammo Inspection Log. VII. USE OF FORCE REPORTING: A. The operational use of less -lethal force will be documented prior to going off duty in an offense report to include the number of and type of rounds expended by the officer initiating the use of force. 1. The shift supervisor or designee will submit a Use of Control form to the Uniform Division Commander outlining the use of force to include the number and type of rounds expended, injuries, if any, and other factors involved in the incident. B. Photographs depicting the subject and the point of contact will be taken at the earliest possible opportunity. VIII. REFERENCE: SOP # 4.01 Use of Force. Page 2 of 5 GULF STREAM POLICE DEPARTMENT -Less -Lethal Ammunition and System SOP # 4.03 Garrett J. Ward, Chief of Police Original issue: 9/1/2001 Revised: 11/16/2001 I.D. # 696 Page 3 of 5 GULF STREAM POLICE DEPARTMENT -Less Lethal Ammunition and System SOP # 4.03 Appendix A LESS -LETHAL LAUNCHED AMMUNITION AND ORDNANCE SYSTEM EFFECTIVE DATE: A. The current Less -Lethal Weapon System is the SAGE SL -6 Launcher 37mm. Multiple Purpose Launcher. Page 4 of 5 LESS -LETHAL LAUNCHED AMMUNITION Appendix B LESS -LETHAL WEAPON/AMMO INSPECTION LOG SERIAL #: # ROUNDS # ROUNDS DATE NAME ID # KO -1 Standard Energy KO -1 LE Less Energy SOP # 4.03 Page 5 of 5 GULF STREAM POLICE DEPARTMENT -Part -Time Sworn Members SOP#5.01 PART-TIME SWORN OFFICER shall maintain CJSTC mandatory training for police officers. EFFECTIVE: 07/01/07 I. POLICY: The need for additional police personnel or to meet the demands created by emergencies such as civil disturbance, natural disasters, and other emergency conditions or to supplement police operations can be handled by the agency's Part Time Officer. A. Sworn Part Time Officer- A part-time police officer that has met all pre-employment and training requirements prescribed by the police department and the Florida Criminal Justice Standards and Training Commission for police officers. After Field Training Officer (FTO) requirements have been met, a Part Time Police Officer may exercise full police authority. III. AUTHORITY OF THE CHIEF: The Chief of Police shall be the appointing authority and retains authority to rescind the appointment of any sworn part-time member at anytime, with or without cause, and to limit the extent of law enforcement authority, which he/she delegates. IV. PART-TIME OFFICER FUNCTION: A. Part-time officers shall be subject to the rules, regulations, policies and procedures of the department. B. They may be assigned to the road patrol function or other functions as determined by the Chief of Police or his designee. C. Part-time officers are provided with public liability protection equal to that provided to full-time officers and are bonded with the coverage provided to full-time officers performing like functions. D. Part-time officers shall: 1. Take a sworn oath of office and 2. Become familiar with all departmental rules, regulations, directives, policies, and procedures; and shall adhere to their responsibilities. VI. APPLICANT AND SELECTION PROCESS: A. Application processing of persons seeking part-time officer positions shall be coordinated through the Uniform Division. B. Part-time officers shall be subject to the same application and selection criteria as full-time officers. C. Applicants must comply with eligibility requirements established for full-time police officers and FDLE for certifications required for sworn Part - Time officer. VII. TRAINING: A. Part-time officers will be provided with training that meets the police department and the Florida Criminal Justice Standards and Training Commission requirements for those full-time officers performing like functions including mandatory retraining required by CJSTC. B. Part-time officers will be proficient in weapons (lethal and non- lethal) and complete training in Use of Force as required by department standards. VIII. REFERENCE: • SOP # 14.01 Training • SOP # 4.02 Weapons • Rules & Regulations • SOP # 4.01 Use of Force Garrett J. Ward, Chief of Police Original Issue: 07/01/07 ,.,_,_ 4 ,f 1 i ayc i vi i GULF STREAM POLICE DEPAERTMENT-Citizen Observer Patrol SOP # 6.01 CITIZEN OBSERVER PATROL EFFECTIVE: NOT USED AT THIS TIME I. POLICY: The department recognizes a volunteer Citizen Observer Patrol (COP) program as a valuable resource for a law enforcement agency and maintains a Citizen Observer Patrol program to gain the assistance of citizens in the observation and reporting of suspicious or criminal violations within the Town of Lantana. In addition, properly trained members also assist in enforcement of parking regulations within the town. II. DEFINITIONS: A. Citizen Observer - A person appointed by the Chief of Police as a citizen observer, who has met the prescribed qualifications, background checks and training requirements for the position of citizen observer. III. ELIGIBILITY REQUIREMENTS: A. All observers must be at least 18 years of age. B. All observers must possess a valid Florida driver license. C. All observers must complete an application and pass a non -sworn background check. D. All observers will be fingerprinted and photographed. E. All observers will possess good moral character and a positive attitude. F. All observers must successfully complete the Citizens Observer Patrol Academy including certification as a Parking Enforcement Specialist. IV. TRAINING: A. The citizen observer will attend a training program conducted by the Lantana Police Department. B. The training program may include liability issues, delineation of citizens responsibilities, and other appropriate subject matter. C. Upon completion of the training the citizen observers will: 1. Understand the scope of their authority and their limits. 2. Understand the purpose of citizen observer patrol. 3. Demonstrate their ability in reporting skills. 4. Demonstrate an ability to perform patrol functions. 5. Demonstrate their ability to enforce parking regulations including the issuance of parking citations. V. ORGANIZATION OF THE CITIZEN OBSERVER PATROL: A. The citizen observer function will be composed of citizen volunteers to assist in patrolling the town, reducing criminal activity and the enforcement of parking regulations. B. The Citizen Observer Patrol will be coordinated by the Uniform Services Commander or a designee. C. All daily reports will be turned in at the end of the shift and checked by the shift supervisor. D. The citizen observer will be issued a department identification number and identification card upon appointment. 1. The COP member will be required to wear the department identification card while on patrol and at the police station. 2. The COP member will record their identification number on daily reports and parking citations. E. The Chief of Police is the final authority over the Citizen Observer Patrol program and reserves the right to be the appointing authority and retains authority to rescind the appointment of any observer. Page 1 of 5 LANTANA POLICE DEPARTMENT -Citizen Observer Patrol SOP # 6.01 VI. AUTHORITY AND DUTIES: A. A citizen observer has NO legal authority to stop, detain or hinder any person from moving about freely. B. A citizen observer has NO legal authority to stop and question any person or persons. C. A citizen observer has NO law enforcement authority, (i.e., police, arrest,) and will not carry any type of weapon while working in the Citizen Observer Patrol program, even if licensed to do SO. D. A COP member who has completed an approved parking enforcement specialist course may enforce parking regulations, as outlined in this procedure, while on -duty as a citizen observer. E. A COP member is prohibited from taking any parking regulation enforcement or representing the department in any manner while off-duty or not specifically assigned by the Chief of Police or a designee. F. While on patrol, the Citizen Observers will: 1. Report any suspicious or criminal activity or potential hazards within the patrol area via a department Nextel radio/phone to communications. 2. Assist with the CARE program by checking on CARE clients as assigned by shift supervisors. 3. Be courteous and professional in the performance of duties and assigned tasks. 4. Maintain all equipment in proper condition. G. A Citizen Observer Patrol will consist of two observers assigned to the COP vehicle. H. The COP may use the amber light bar while patrolling shopping areas only. I. The COP will activate the amber light bar when stopping on any roadway to: a. Assist a motorist. b. Remove or warn the public of a hazard. c. To perform an assigned function. J. The citizen observer will be issued a department Nextel radio -phone prior to starting a COP shift. a. The COP Nextel will be stored in communications and issued by the on— duty communications officer. b. The communications officer will record the name and ID number of the COP member the Nextel is issued to. c. The COP member is responsible for the Nextel during their shift and no unauthorized telephone calls will be made. d. Upon completion of the COP shift, the citizen observer will return the Nextel to communications. e. The communications officer will log the COP Nextel in and return the COP Nextel to the specified charger. K. COP members will complete a daily activity log (Appendix A) of their activities and record any reports or parking citations in the appropriate areas. L. COP members are encouraged to assist the public in utilizing available parking and the issuance of parking citations is not considered to be a goal of the COP program. M. COP members authorized to enforce parking regulations may issue Town of Lantana Parking Citations (Appendix B). a. The COP member will complete the parking citation noting the location, date, time, type of violation, type and description of the vehicle, and the tag or registration number. b. The COP member will turn the completed parking citations into the on - duty communications officer prior to the end of the COP shift. Page 2 of 5 LANTANA POLICE DEPARTMENT -Citizen Observer Patrol SOP # 6.01 c. The communication officer will run the tag or registration number on the parking citations and attach a copy of the NCIC/FCIC teletype to the parking citation. d. The communication officer will forward to Administrative Services the parking citations issued by the COP member along with the tag information. N. If a COP member is approached by a citizen with a complaint about a parking citation that has been issued, the COP member will: 1.Address the citizen with courtesy and explain the nature of the violation and validity of the parking citation. 2.If the explanation is not accepted refer the citizen to the police department. 3. A COP member will not void a parking citation once it is fully completed. VII. MOTOR VEHICLES: A. The Town of Lantana will provide vehicle(s) for the Citizen Observer Program. 1. The vehicle will be a Lantana Police vehicle and clearly marked "Citizen Observer Patrol". 2. The vehicle will have amber lenses on the emergency light bar and the siren will be inoperable. B. The Uniform Services Commander or designee will be responsible for the care and maintenance of the vehicles. 1. Monthly inspections of the COP vehicle will be conducted by the Uniform Services Commander or designee. C. The COP member who is assigned to drive the vehicle during a COP shift will conduct a vehicle inspection prior to beginning patrol and will record the inspection on the daily log. Original Issue: 3/1/2005 1. Any safety or maintenance problems found during the vehicle inspection will be brought to the attention of the shift supervisor. D. The COP vehicle(s) will only be driven while performing Citizen Observer Patrol functions, unless authorized by the Chief of Police or a designee. E. All traffic crashes and/or damage to the vehicles will be reported immediately to the shift supervisor. 1. The appropriate state and town report forms will be completed. F. When a COP member is at fault in a traffic crash, he or she will be required to complete a driver training course/ exam conducted by the Uniform Services Commander or a designee. VIII. UNIFORM: A. When on -duty, COP members will wear the department issued polo type shirt and a baseball cap which clearly identifies them as Citizen Observer Patrol members, not sworn police officers. B. Citizen Observer Patrol members will wear navy blue or black shorts or pants and black shoes or sneakers, which are not issued. IX. LEAVE OF ABSENCE: A. COP members may be granted a leave of absence upon request and approval by the Chief of Police. (A leave of absence will be any time over 90 days) X. • Rules and Regulations. Garrett J. Ward, Chief of Police Page 3 of 5 LANTANA POLICE DEPARTMENT -Citizen Observer Patrol SOP # 6.01 APPENDIX A Page 4 of 5 LANTANA POLICE DEPARTMENT -Citizen Observer Patrol SOP # 6.01 APPENDIX B Page 5 of 5 GULF STREAM POLICE DEPARTMENT -Ride Along Program SOP# 6.05 RIDE ALONG PROGRAM in the best interest of the department. EFFECTIVE: 07101107 E. Assignments will be for a specified period of time. The shift supervisor will determine hours of participation. I. POLICY: The Gulf Stream Police Department has approved a Ride Along Program to permit citizens to accompany a police officer in a police vehicle as observers. The assignments and activities of citizens authorized to participate in this program will be limited to, and conform with, the conditions and regulations set forth in this procedure. 11. RESPONSIBILITY FOR THE PROGRAM: A. The Chief of Police is responsible for administering the department's Ride Along Program and maintaining all pertinent records. B. Requests to participate in the program are handled by the Chief of Police or designee. The person handling the request is responsible for evaluating and approving the request. C. Assignments are made by the on -duty shift supervisor. D. The Chief of Police will ensure that a GENERAL RELEASE OF CIVIL LIABILITY form (Appendix A) is completed by the participant prior to participation in the program. III. ELIGIBILITY AND RESPONSIBILITIES OF A. All participants must be at least 18 years of age. B. Each participant is under the direct and complete control of the officer to whom he or she is assigned. C. Participants are not permitted to operate any police vehicle, handle or possess firearms or weapons, or use any police equipment. 1. Participants are not permitted to take part in any police action, assist in conducting investigations, or perform any other police task or function. Participants may act as observers only D. An officer experiencing difficulty with a participant has the option of discharging the rider at the police department. In such cases, the officer will forward a memorandum explaining the circumstances to the shift supervisor. An individual may be barred from future participation in the program if it would be F. Whenever possible, participants will be assigned to officers of the same gender. G. Situations may arise that could expose the participant to undue danger, violence, or other hazardous conditions. In such cases, the officer will exercise discretion and will have the prerogative to temporarily discharge the observer at a suitable, safe location while responding to and handling the call. H. Any person requesting to participate in the Citizens Ride -Along Program may be rejected if such participation would not serve the best interest of the department. 1. Any officer having knowledge of facts or circumstances that would demonstrate the person to be unsuitable for participation in the program should make this knowledge known to the Uniform Services Commander or designee. IV. PRIVATE CITIZENS: A. No more than one (1) private citizen may be assigned at any one time without prior approval from the Chief of Police. Requests will be handled on a first come, first served basis. B. A signed Liability Release Form is required for all participants in this category. C. All private citizens must submit a driver's license or other valid photo I.D. card along with the program application prior to participating in the program. 1. Any private citizen found to have a past felony criminal conviction will be barred from participating in the Ride Along Program. 2. Any private citizen found to have a past misdemeanor criminal conviction may be permitted to participate in the Ride Along Program at the discretion of the Chief of Police. 3. No one will be allowed to participate while they are the subject of a criminal investigation or have pending felony or misdemeanor charges against them. Page 1 of 3 GULF STREAM POLICE DEPARTMENT -Ride 4. Participation will be limited to one (1) Ride Along per 30 -day period. D. Private citizens will not wear any type of uniform or apparel, which may cause them to be misidentified as police officer. E. No member will be permitted to have as an observer their boy/girl friend, or any relative (as defined in Rules & Reg. 2-30) without authorization of the Chief of Police. V. NON -SWORN TOWN PERSONNEL: A. This category includes police personnel employed in a non -sworn capacity by the Town of Gulf Stream and to interns assigned to the Department. 1. Interns may participate in the Ride Along Program as frequently as necessary to satisfy the requirements of his or her internship, at the direction of the Chief of Police. A signed Liability Release Form will be required for all interns. B. Non -sworn members are not permitted to ride as an observer unless the employee is riding as part of an in—service training program with the approval of the members Chief. VI. LAW ENFORCEMENT PERSONNEL/NON- G.S.P.D. A. This category includes sworn law enforcement personnel from other jurisdictions who are not involved in an investigation or otherwise acting in an official capacity. B. A Liability Release Form must be signed and submitted 24 hours prior to the assignment with a copy forwarded to the Chief of Police. C. Florida certified police officers participating in the Ride Along Program may carry a firearm as permitted in FSS. Florida officers must adhere to the guidelines of their department policy when carrying a firearm outside of their jurisdiction. D. Police officers who are not certified in the State of Florida may not carry a firearm while participating in the Ride Along Program. Original issue: 07/01/07 SOP # E. Police officers from other jurisdictions may not wear a uniform or clothing, which indicates they are police officers while participating in the Ride Along Program. VII. LAW ENFORCEMENT PERSONNEL/G.S.P.D.: VII. Off-duty sworn members of GSPD are not permitted to ride as an observer unless specifically assigned as part of normal course of duty. • FSS 790.052 Carrying concealed firearms; off duty law enforcement officers. Garrett J. Ward, Chief of Police raye / ui 4 GULF STREAM POLICE DEPARTMENT -Ride Along Program SOP# 6.05 Appendix A REQUEST FOR PERMISSION TO RIDE AS OBSERVER AND HOLD -HARMLESS AGREEMENT The undersigned being over the age of twenty-one, does hereby request permission of the Gulf Stream Police Department to ride as an observer only. This observation is for the purpose of educational benefit. If permission is granted, I hereby agree to obey at all times all instructions, orders, and commands given me by the officer or officers in command of any vehicle in which I mat be riding. I fully realize and appreciate that the basic nature of law enforcement work and the possibility that situations will arise which might result in my being exposed to danger of physical harm or injury, including, but not limited to motor vehicle accidents. I nevertheless freely and voluntarily accept these risks. I further agree to keep confidential anything I may observe when requested to do so by members of the Gulf Stream Police Department. I understand that my observation may be terminated at any time without notice by the Gulf Stream Police Department. WHEREFORE, in consideration of the educational benefit to received and the granting of the above request, I hereby agree to hold THE TOWN OF GULF STREAM, its Commission, the GULF STREAM POLICE DEPARTMENT and its Chief, employees, agents and servants harmless from any and all liability to me for personal injury or property damage, whether proximate or remote, sustained during the period of time I may be in the capacity of an observer, as aforesaid. (Signature) (Age) (Address) (Telephone) (Witness) (Police Officer) APROVED FOR UNIT ASSIGNED (Day) (Month -Day -Year) (Time) Page 3 of 3 GULF STREAM POLICE DEPARTMENT -Ride Along Program SOP # 6.05 Appendix B NOT USED AT THIS TIME E.A. Page 4 of 4 GULF STREAM POLICE DEPARTMENT -Fiscal Management SOP # 7.01 FISCAL MANAGEMENT EFFECTIVE: 07/01/07 I. POLICY: The purpose of this procedure is to establish guidelines for the fiscal management of the Gulf Stream Police Department. Financial records of the Gulf Stream Police Department will be maintained in accordance with all town regulations and generally accepted accounting principles and auditing procedures. A. Budoet Preparation Forms - Various forms used by town departments, including the police department, for documenting estimates of personnel, operating expenses, capital outlay and revenue for the upcoming fiscal year. B. Encumbrance Authority - Authority delegated by the Chief of Police to division commanders or their designees to encumber budgeted funds for authorized purchases of supplies, services and/or capital equipment. C. Fiscal Year - A financial period to which revenues, appropriations and expenditures are related for accounting purposes. The fiscal year for the town begins October 01 and ends September 30 of the following calendar year. D. Generally Accepted Accountino Principles - Accounting principles developed and documented by nationally recognized professional organizations in order to conduct, measure and report financial and related activities in a consistent manner. E. Capital Outlay - Tangible personal property of a non -consumable nature costing $500.00 or more or having "significant value" as defined by Florida State Statutes, with a life expectancy of more than one year and not repairs, parts or supply items. III. CHIEF OF POLICE FISCAL AUTHORITY AND RESPONSIBILITIES: A. The Chief of Police, as Department Head, is the final authority pending Town Manager approval, when needed, in all fiscal and budget matters and decisions for the Town of Gulf Stream Police Department. IV. COMMAND FISCAL RESPONSIBILITIES: A. Whenever notified by the Chief of Police, designees will participate in the preparation of their assigned budgets. B. Based on operational and activity analysis of the previous year, each designee will prepare written recommendations for use in the development of the department's budget. C. The Chief of Police or a designee is responsible for attending budgetary meetings to receive all necessary budget materials, which may include, but not limited to, budget data, cost estimates, and historical information provided by the Town of Gulf Stream Finance Department. V. BUDGET RESPONSIBILITY: A. The Chief of Police is charged with: 1. Accounting; 2. Budget management; 3. Cost control and analysis; 4. Monitoring of department expenditures; and 5. Other related functions designated by the Town Manager. VI. BUDGET PROCEDURE: A. The police department's budget will be prepared and presented to the Town Manager each year in accordance with Town Ordinance and the schedule established by the finance department. 1. Upon receipt of the Town Manager directive, the Chief of Police or a designee will begin preparation of the following year's budget. 2. The finance department will issue speck instructions and guidelines for the particular budget year preparation. 3. Each budget proposal will include a detailed justification, including all anticipated costs, benefits, support, equipment, maintenance and/or purchase costs, and related items. Page 1 of 2 GULF STREAM POLICE DEPARTMENT -Fiscal Management SOP # 7.01 B. A budget schedule and budget forms will be sent to the police department by the finance department. C. A budget review will be scheduled for each division with the Chief of Police. D. When adjustments have been made and tabulated, the budget will be reviewed and approved by the Chief of Police. The budget will be assembled in final form for presentation to the Town Manager. VII. ACCOUNTING SYSTEM: A. The finance department provides all account numbers and the accounting structure to be utilized by all Town departments based on generally accepted accounting principles, Town Ordinance, and Florida State Statutes. B. The Town of Gulf Stream Police Department prepares and monitors its budget utilizing generally accepted accounting principles. VIII. INTERNAL MONITORING: A. All town departmental budgets, including the police department's, are routinely monitored by the finance department. B. Internal monitoring of the department's budget provides a means to determine whether established internal control procedures are being administered effectively and for staff to evaluate each division's performance in their budgetary responsibilities. C. The police department monitors its overall budget on a continuous basis. IX. INDEPENDENT AUDIT: A. An annual audit will be conducted of varied funds to ensure the integrity of the entire accounting system. 1. All Town of Gulf Stream departmental budgets, including the police departments, are audited on an annual basis by auditors approved by the Town Manager. 2. The Town of Gulf Stream Finance Department maintains copies of all audit reports. X. PAYROLL AND PERSONNEL: A. Each personnel file maintained for members will contain records necessary to substantiate the date of initial employment, pay grade and/or step, step increases, promotions, overtime payments, special payments, annual evaluations, letters of commendation, and disciplinary action. B. Payroll transactions - Regular pay, pay increases, salary incentive pay, and other related disbursements will be made only upon receipt of proper authorization. Authorizations flow from the police department to the finance department. The finance department on an individual basis will handle payroll deductions, including income tax withholdings, with the individual concerned. XI. EMERGENCY PURCHASES: A. Situations may occur which require an emergency purchase of certain items. An example of this could occur at a crime scene or major incident. Supplies such as food, materials, fuel, etc., may be required that are otherwise unavailable. B. Emergency purchases will be curtailed as much as possible by anticipating needs in time for the use of regular purchasing procedures. C. When emergency purchases are necessary, they are to be made only when the normal function and operation of the department would be hampered by submitting a requisition in the usual manner to such an extent it may affect the life, health or convenience of citizens. D. The Chief of Police or Town Manager must approve emergency purchase. F. When emergency purchases are necessary, the department will make the purchase at the best possible price. .XIII. F.S.S. Ch. 274 Tangible Property Owned by Local Governments. Garrett J. Ward Chief of Police Page 2 of 2 GULF STREAM POLICE DEPARTMENT -Fiscal Management SOP # 7.01 Garrett J. Ward, Chief of Police Original issue:07/01/07 Page 3 of 2 GULF STREAM POLICE DEPARTMENT -Fiscal Management SOP # 7.01 Appendix A GULF STREAM POLICE DEPARTMENT REQUEST FOR SUPPLIES DATE: REQUESTOR: ITEM (S) REQUE: SUPPLIER: (If known) COST: (if known) (shipping separate) BUDGET ACCOUNT # TO BE CHARGED: SUPERVISOR APPROVING REQUEST CHIEF OF POLICE Page 4 of 2 GULF STREAM POLICE DEPARTMENT -Fiscal Management SOP # 7.01 Page 5 of 2 GULF STREAM POLICE DEPARTMENT -Control of Department Property & Assets SOP # 7.02 CONTROL OF DEPARTMENT PROPERTY & ASSETS EFFECTIVE: 07/01/07 I. POLICY: The department has established guidelines for procurement, issuance, accountability, and maintenance of department property. Department -owned items, which include fixed assets, equipment, uniforms, and other department issued items will be maintained and controlled to insure their functional readiness. Il. DEFINITIONS: A. Fixed Assets: Tangible items of property that have an expected useful life longer than a year and have a value of over $500.00 or more. III. PROPERTY PROCUREMENT, ISSUANCE MAINTENANCE, AND ACCOUNTABILITY: A. Each division will be responsible for identifying and requisitioning materials, supplies, and equipment necessary for their operations. 1. All requisitions will be forwarded to the Chief of Police for review, confirmation of funds availability, and approval before transmittal to the Town Finance Department. 2. The Chief of Police maintains centralized control of all department requisitions processed, pending, or completed. B. The maintenance, distribution and issuance of department -owned property to authorized personnel will be the responsibility of the Chief of Police. C. All stored items or special equipment will be regularly inspected for operational readiness by the appropriate division or by a designee of the Chief of Police. D. All members will be held accountable for issued or assigned department property, equipment, vehicles, etc., issued or assigned to them. E. All members will maintain issued or assigned property, equipment and supplies and will notify the appropriate supervisor for necessary repairs or replacements. The supervisor may require the notification in writing when necessary. 1. Failure to notify the proper authority when damaging, or discovering damage to department property may result in disciplinary action. F. Supervisors are responsible to complete necessary town reports for damaged town property. G. Supervisors will have the responsibility of checking the condition of department -owned property issued to members under his or her supervision as part of a routine inspection. H. The Chief of Police is responsible for coordinating the Fixed Asset Inventory with the Town Finance Department per Town Administrative Orders. IV. REIMBURSEMENT FOR LOST OR STOLEN PERSONALLY OWNED PROPERTY: A. The department may reimburse a member a reasonable amount for the loss or damage to personal items required to be used while on duty (wristwatches, prescription glasses, hearing aid, etc.), if the loss is not due to negligence. This department will not pay for the loss of jewelry. 1. The member incurring the loss of or damage to their personal property is required to write a report to document the incident. 2. The Supervisor will review the reports of an item(s) of personal property that were lost or damaged. B. Request for reimbursement will be forwarded to the Chief of Police for review and evaluation. 1. Reimbursement must be authorized by the Chief of Police. 2. If so authorized, Town of Gulf Stream will reimburse for the replacement or repair of the personal property or items. Garrett J. Ward, Chief of Police Page 1 of 2 GULF STREAM POLICE DEPARTMENT -Control of Department Property & Assets SOP # 7.02 Original Issue: 07/01107 Garrett J. Ward, Chief of Police Page 2 of 2 GULF STREAM POLICE DEPARTMENT -Job Task Analysis SOP # 8.01 JOB TASK ANALYSIS EFFECTIVE: 07/01/07 I. POLICY: The Town of Gulf Stream Police Department will provide a Job Task Analysis for each position. A Job Task Analysis is an important tool for recruiting and testing applicants. As the duties and responsibilities of positions change, those changes should be reflected in the job task analyses. Analyses will also be instrumental in helping the department keep members better informed with respect to the duties and responsibilities of each position. II. DEFINITIONS: A. Job Task Analysis - An examination of the functions and objectives of each job to be performed as it relates to the skills, knowledge and abilities required to perform the tasks or duties of the job. III. OBJECTIVES OF JOB TASK ANALYSIS: A. The job task analysis (position classification) will also include at a minimum: 1. Duties, responsibilities and tasks 2. The frequency with which each task is performed. 3. Minimum qualification or level of proficiency necessary in job related skills, knowledge, abilities, and behaviors. 4. Serve as a basis for the determination of Original Issue: 07/01/07 a position classification plan and compensation. 5. Provide a basis for establishing minimum qualification requirements for recruitment, examination, selection, appointment, and promotion. 6. Assist in the establishment of a training curriculum. B. Provide guidance to members and their supervisors concerning the duties and responsibilities of individual positions. C. Job Task Analyses are maintained and available to all members. IV. PROCEDURE: A. A written job task analysis will be prepared by the department and approved by the Chief of Police, for each position within the Gulf Stream Police Department. The job task analysis will contain sufficient written detail to adequately identify the duties, responsibilities and tasks of each position. V. MAINTENANCE OF THE CLASSIFICATION PLAN: A. The Chief of Police will report to the Town Manager the addition of new assignments or the elimination of old ones, which may affect the duties and responsibilities of any position if it is believed such changes will be permanent. VI. REFERENCE: Town of Gulf Stream Personnel Policy Chapter Garrett J. Ward, Chief of Police Page 1 of 1 3SPECIAL DUTY DETAILS AND B. The Chief of Police or his Designee is OUTSIDE EMPLOYMENT responsible for: EFFECTIVE: 07/01/07 1. POLICY: The Gulf Stream Police Department has established procedures for handling of requests for extra police service. The department will allow its members to engage in special duty details and outside employment activity, providing the activity is approved by the department and it does not impair the officer's ability to perform his or her regular duty. II. DEFINITIONS: A. Special Duty Detail - Any approved detail requiring the use of law enforcement authority. The department will regulate special duty assignments to ensure the assignment won't reflect negatively on the profession or the department. B. Outside Employment - Sworn members may engage in employment that does not relate to law enforcement. The department will regulate outside employment to ensure members do not engage in employment, which may reflect negatively on the profession or the department. III. SPECIAL DUTY DETAILS: A. Any requests or inquiries regarding extra police service from citizens or businesses in the town will be directed to the Chief of Police: 1. An officer will not solicit or work any special duty detail that is not assigned by the department. 2. An officer will not provide police services to a special area, location, or entity either on or off duty for any type of compensation other than approved compensation. 3. Officer (s) that are assigned or volunteer for any special detail are governed by all procedures, policies, rules and regulations as regular duty. a. Officer(s) will abide by procedures for reporting for duty, illness, injury and switching shifts. 4. An officer who accepts a special duty assignment is responsible for finding a replacement if he or she is unable to report for the detail. 1. The approval, review and revocation process of each special duty detail. 2. Overseeing that policy is adhered to while the member is engaged in special duty details. 3. Coordinating between the department and the party requesting the special detail. C. While working an extra duty detail, an officer will comply with all departmental rules, regulations, policies and procedures. 1. Officers will enforce all laws. D. The Chief of Police retains the final authority on special duty details. IV. SPECIAL DUTY DETAIL RESPONSIBILITIES: A. There are different criteria for each special duty detail. The officer(s) will be familiar and comply with the requests and the requirements of the detail as long as the requests or requirements do not violate any laws, rules, regulations, policies, or procedures. B. Officers, when working special duty details, will complete all written reports and paperwork applicable to that assignment. The reports and/ or paperwork will be turned in no later than the end of shift. V. SUPERVISORY RESPONSIBILITIES: A. The Chief of Police reserves the right to determine the appropriate level or rank of supervision for any special duty detail. B. The supervisor will be responsible for checking the special duty detail(s) to see if the assigned officer has reported on time. C. When an on -duty shift supervisor becomes aware that an officer has not reported to an assigned special duty detail and has not arranged for replacement coverage, he or she will: 1. The supervisor will assign an on -duty officer to work the detail if staffing permits and the detail is closely related to the safety of the general public, or 2. May contact an off-duty officer to work the detail per procedures. Page 1 of 3 GULF STREAM POLICE DEPARTMENT -Special Dutv Detail and Outside Emolovment SOP# 9.01 D. The supervisor will take appropriate action 1. Sworn members may not engage in for any problems found or officers failing to employment directly or indirectly connected report to a special duty detail. to the operation of any business licensed under the beverage law, which would be a VI. RATE OF PAY: violation of Florida State Statutes. A. The rate charged to those hiring officers to work special duty details will be governed by the current policy. 1.Officers will be paid in accordance with current town policy. VII. OUTSIDE EMPLOYMENT: A. Any requests to work outside employment must be submitted on the Outside Employment Request form (Appendix A) to his or her supervisor, and then forwarded to the Chief of Police for approval. B. Members will not engage in outside employment that would interfere with the proper performance of their duties or responsibilities as a Town employee. Original issue: 07/01/07 VIII. HOURS WORKED FOR SPECIAL DUTY DETAILS AND OUTSIDE EMPLOYEMNT A. An officer will not work at outside employment when he or she is in an on-call status without prior approval of the department. B. Officers are prohibited from working more than 16 hours within a 24-hour period including on -duty, special duty hours and outside employment. The only exception is an officer who is ordered to work in the event of an unusual occurrence. IX. REFERENCE: Town of Gulf Stream Personnel Policies. • F.S.S. 561.25 Officers and employees prohibited from being employed by or engaging in beverage business. Garrett J. Ward, Chief of Page 2 of 3 GULF STREAM POLICE DEPARTMENT -Special Duty Detail and Outside Employment SOP# 9.01 APPENDIX A GULF STREAM POLICE DEPARTMENT OUTSIDE EMPLOYMENT REQUEST EMPLOYEE: DEPARTMENT: POSITION **+**+++*++**+**+wrt**+**+*++t+**+**+wrtrt*+***+*+***+***+++wwrtrt*+++**+***++*+*+w+rtrt*+*+*******wwrtw COMPANY NAME: COMPANY LOCATION: POSITION: NUMBER OF DAYS PER WEEK: OUTSIDE EMPLOYMENT TO BEGIN ON: (date) COMMENTS: RENEWAL DATE: (JANUARY IST EACH YEAR) FIRST YEAR SECOND YEAR DATE: DATE: EMPLOYEE SIGNATURE/DATE SUPERVISOR SIGNATURE / DATE POLICE CHIEF SIGNATURE / DATE PHONE: 1.1611JR-51 TOTAL HOURS PER WEEK EMPLOYEE SIGNATURE/DATE SUPERVISOR SIGNATURE/DATE POLICE CHIEF SIGNATURE / DATE THIRD YEAR EMPLOYEE SIGNATURE/DATE SUPERVISOR SIGNATURE / DATE POLICE CHIEF SIGNATURE / DATE Page 3 of 3 GULF STREAM POLICE DEPARTMENT -Special Events SOP# 9.02 SPECIAL EVENTS EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department has established guidelines for the department's handling of special events within the town. Detailed planning and coordinated efforts between town departments are necessary if special events are to be managed in the most effective and efficient manner. II. DEFINITIONS: A. Special Event - Any parade, march, demonstration, protest, rally, ceremony, show, IV. carnival, exhibition, festival, race, derby, block party, celebration, public gathering, pageant, procession of any kind, or similar activity on any street, alley, or other public way. III. SPECIAL EVENTS PROCEDURES: A. The Town Manager or designee will notify the Chief of Police of the approval of a special event. B. The Chief of Police or designee is responsible for identifying and coordinating the law enforcement and public safety security needs for special events with personnel from both inside and outside the department. The concerns include: 1. The number of officers required for security, crowd control, and traffic control; 2. Provide briefing information to the personnel assigned to the event; 3. Traffic flow and control, parking and street closures; and 4. Any additional law enforcement, public safety, and/or security need. Original issue: 07/01/07 C. The Chief of Police will maintain files pertinent to special events. D. Provisions for news media will be handled by the group or individual requesting the event. E. The Chief of Police in conjunction with City of Delray Beach Fire/Rescue will determine the best location for emergency vehicle access, if needed. The supervisor in charge of the event will allow for emergency vehicle access to the event. A. The Chief of Police or designee reserves the right to determine the appropriate level or rank of supervision for any special event. 1. The supervisors) at an event will deploy the assigned personnel to their posts and maintain proper supervision during the time they are working the detail. 2. Redeployment of personnel working the detail for reasons other than temporary operational purposes should be discussed with the Chief of Police. B. All department personnel assigned to special events will work through the Chief of Police or event supervisor as designated. V. AFTER ACTION REPORTS: A. It is the responsibility of the Chief of Police or his Designee at all designated Special Events to complete a memorandum entitled "After Action Report" and submit. B. The after action report will indicate in the comment section if the number of officers was sufficient, crowd reaction, the impact of traffic on the streets, ect. Garrett J. Ward, Chief of Police Page 1 of 1 GULF STREAM POLICE DEPARTMENT -Grievance Process SOP # 10.01 GRIEVANCE PROCESS EFFECTIVE: 07/01/07 I. POLICY: The department recognizes that due to the many procedures involved in administering an agency, there are occasions when differences arise regarding the spirit and intent of particular directives or actions. The grievance process affords members the opportunity to contest the directive or action in a formal manner. It also provides the department with an opportunity to clarify the directive or action, if necessary. A. Grievance Procedure - A procedure for the resolution of any dispute, controversies or misunderstandings involving employment. 1. Members are covered by the Town of Gulf Stream Personnel Policy: Grievance Procedure. III. GRIEVANCE AND ARBITRATION PROCEDURES: A. Grievance and arbitration procedures for members of the department will be in accordance with the Town of Gulf Stream Personnel Policies. B. The member will notify the agency of the grievance, by indicating in the appropriate box on the Internal Investigative Report/Supervisor's Review form, the members wish to have a hearing with the Chief of Police. Original issue: 07/01/07 C. The facts or allegations are analyzed and handled according to Town of Gulf Stream Grievance Procedure. D. The allegation(s) in the grievance is affirmed or denied and initialed (showing receipt) by each reviewing supervisor up to and including the Town Manager or designee, if the matter is not satisfactorily resolved at a lower level. E. Appropriate remedies or adjustments can be made at any level of supervision with authority to act on the particular grievance. F. If the grievance is not resolved, the aggrieved member, if eligible, may submit a request for arbitration to the Town Manager. IV. COORDINATION, MAINTENANCE AND CONTROL OF RECORDS: A. The supervisor who receives the grievance at the initial step will notify the Chief of Police of the grievance, so he or she can assist by coordinating the process and ensuring that the proper procedure is followed. B. The Chief of Police or designee will track the grievance through each step of the process to its final disposition. C. The Chief of Police or designee will be responsible for maintaining accurate records of all grievances that are filed. V. • SOP # 11.02 Disciplinary Procedures. • SOP # 27.01 Internal Affairs Function. • Town of Gulf Stream Personnel Policies. Garrett J. Ward, Chief of Police Page 1 of 1 GULF STREAM POLICE DEPARTMENT -Disciplinary Procedures SOP # 11.02 DISCIPLINARY PROCEDURES discipline under the provisions of this directive. Any member who violates the Oath of Office; the EFFECTIVE: 07/01/07 laws of the United States, the State of Florida, or the Town of Gulf Stream; any provision of departmental or town rules and regulations, or I. POLICY: The Gulf Stream Police Department standard operating procedure; who is unlawful has established a uniform system for or improper in their conduct toward members or counseling, administering discipline, and citizens; or who is incompetent in the providing remedial training to agency members. performance of their duties is subject to The intent of the department is that discipline disciplinary action. should be characterized as corrective and constructive instead of punitive. Included are the rights of the accused member and the appeal procedure for disciplinary actions. Members of this agency are to conform to, and comply with, agency directives and be truthful in their dealings with the public and department. II. DEFINITIONS: A. Administrative Leave - When a member is PI aced on leave with pay by the department during the time an investigation is being conducted into an incident in which the member was involved and/or during the time period after the investigation is completed and the department is determining the action to be taken. B. Discipline - The process whereby the employer ensures that each member's behavior conforms to standards established by the employer, including compliance and adherence to departmental rules, regulations, directives, and policies. C. Disciplinary Variance - For each violation, consideration will be given to the severity of the misconduct, the time between violations, the length and quality of service, the willingness to improve, the ability to improve, the attitude of the member, and the overall work performance of the member. D. Punitive- A formal disciplinary action imposed after a sustained violation of department policy, procedure, rule or regulation. Forms of discipline include written reprimand, suspension from duty without pay, disciplinary probation and separation of employment. E. Non -Punitive- An informal disciplinary action which is intended to correct or improve performance. This action is used to educate a member and includes training, counseling and instructional memorandum. III. ADMINISTERING DISCIPLINE: A. All members of the department are subject to B. All disciplinary actions imposed will be commensurate with the severity of the offense coupled with due consideration of the member's prior performance record. Disciplinary actions taken will be progressive in application, except: 1. When violations of a serious nature occur, the actions may include an immediate temporary removal from duty. These violations include, but are not limited to, criminal misconduct, theft, domestic violence, insubordination, sabotage, any threat to department members or the public, and/or suspected drug/alcohol use while on duty. 2. If an investigation substantiates the validity of the charges, the above violations are cause for dismissal. Depending on the seriousness of the offense, and even if it is a first offense; discipline of a progressive nature is not required. 3. The Chief of Police reserves the right to change the duty status of the accused member until the investigation is completed. C. When any supervisor becomes aware of or is assigned to investigate a member's misconduct/actions, he or she will thoroughly investigate the incident and ascertain if disciplinary action is necessary. D. When a supervisor decides disciplinary action is appropriate, the supervisor will consult the Supervisor's Guide to Discipline -Law Enforcement Version to assist in determining the appropriate disciplinary action. E. If a verbal reprimand, counseling or instructional memorandum is decided upon, the supervisor will meet with the member to administer the reprimand or counseling and document the meeting within the member's personnel file. 1. Any training will be documented in the member's personnel file. Page 1 of 4 GULF STREAM POLICE DEPARTMENT -Disciplinary Procedures SOP # 11.02 F. If the supervisor feels a written reprimand is their record of discipline, the supervisor appropriate, he or she documents the alleged administering the discipline will forward the improper allegation(s) by memorandum and will record of discipline to the Town Clerk for meet with the member to administer the inclusion in the member's personnel file. reprimand and document the meeting within the member's personnel file. IV. LEVEL OF AUTHORITY FOR DISCIPLINE: G. If a suspension from duty without pay, disciplinary probation or discharge is being considered, the supervisor will: 1. Document the allegation(s) and recommendation(s) in memorandum form and forward it through the affected member's chain of command to the Chief of Police. a) A copy of the recommendation will be given to the member. 2. The member will have the opportunity to meet with the Chief of Police or designee to discuss any mitigating or extenuating circumstances regarding the allegation(s). 3. The Chief of Police will make a determination in any suspension from duty without pay and disciplinary probation. 4. The Chief of Police will make a determination and recommendation to the Town Manager for a member's discharge. 5. The member will have a Predetermination Hearing with the Town Manager or designee. 6.The Town Manager will approve/disapprove any member's discharge. 7. When a member is discharged, the member shall receive within five (5) working days from the Town of Gulf Stream a Notice of Discharge including: a. Reason for dismissal, b. Effective date of dismissal, c. Status of fringe benefits after dismissal, d. Supporting documentation relating to the dismissal including a record of the hearing. H. Once a member receives and acknowledges A. Final disciplinary authority and responsibility for department members rests with the Chief of Police. All supervisors are responsible for any discipline administered at any level below them within their span of control. 1. The Town Manager will approve the discharge of any member. B. Supervisors may exercise the following disciplinary measures upon members under their control: 1. Chief of Police: a. non -punitive and punitive discipline, b. emergency relief from duty, c. dismissal from the department with Town Manager approval. 2. Sergeants and Lieutenant: a. non -punitive discipline, b. written reprimand, c. recommendation of separation, d. Have the authority to impose emergency relief from duty in the absence of the Chief. V. DISCIPLINE, COUNSELING, AND A. Subject to the Town of Gulf Stream Personnel Policies, Town of Gulf Stream Administrative Order Manual, department procedures, and, when necessary, the approval of the Chief of Police, the following discipline, counseling, and retraining actions may be given/imposed against a member of the department: 1. Counseling or Instructional Memorandum - A non -punitive measure of discipline issued by members of superior rank or authority for infractions or violations of rules, regulations, policies or directives or to educate a member about a deficiency. Verbal counseling, counseling memorandum or instructional Page 2 of 4 GULF STREAM POLICE DEPARTMENT -Disciplinary Procedures SOP # 11.02 memorandums are documented by documented on a Notice of Discharge. supervisors in the member's personnel file. 2. Remedial Training -A non -punitive measure which may be recommended by a member of superior rank or authority or a training officer when the subject participating in a defined course of training. Remedial training is required to correct a specific deficiency usually identified by testing or any other evaluation method used during training or supervisory evaluation during routine job performance. The recommendation for remedial training is appropriate when a violation was caused primarily by the member being inadequately prepared for his or her responsibilities. The specific nature and procedure for remedial training will be determined by supervisors and/or training officers and documented by in-service training form. The in-service training form will be maintained in the member's personnel file. 3. Written Reprimand -A punitive measure which is recommended by a member of superior rank and authority for more serious infractions of rules, regulations, directives or standard operating procedures, or for repeated procedural error in the line of duty. The Chief of Police reserves the right to review the circumstances surrounding a written reprimand and may agree with, impose stricter punishment or void the reprimand. The written reprimand is documented by memorandum. 4. Disciplinary Probation- A punitive action where a member is given a specific time limit to correct or be re-trained in an area of deficiency. The member will be continually evaluated and monitored for progress. Disciplinary probation may be administered with other levels of discipline. 5. Suspension from Duty Without Pay- A punitive action which may be recommended by a member of superior rank for serious infractions of rules, regulations, directives or standard operating procedures, or for repeated procedural error in the line of duty. 6. Discharge - A punitive action which may be recommended by a member of superior rank or authority and approved by the Chief of Police in accordance within provisions in town and department policy. A specific reason for discharge is not required for probationary members who may be discharged without cause. The dismissal is B. Reports of final disciplinary action will become a permanent part of the member's personnel file. VI. LEVEL OF ACTION: A. Whenever improper conduct is observed by or reported to any member, it will be the responsibility of that member to inform the offending member's supervisor for possible disciplinary action. B. Whenever a member feels that another member of superior rank in the department is in violation of established standards or rules of conduct, the member will: 1. If the offending member is in the complaining member's chain of command, the complainant will submit the specific details of the violation in memorandum form to the offending member's supervisor through the chain of command, bypassing the level of the offending member. EXAMPLE: A police officer has knowledge of a sergeant in his or her chain of command committing a violation. The officer submits a memorandum detailing the incident to the sergeant's commander. 2. If the offending member is a member of a different section, the member who observes the violation will notify his or her immediate supervisor in writing. The memorandum will be forwarded through the chain of command to the offending member's supervisor. C. In cases where the violation is of a serious or emergency nature, the following actions may be taken at the appropriate supervisory level: 1. A member's immediate supervisor may relieve a member from duty and place the member on administrative leave when it is in the best interest of the department. (Example: an officer reports to his or her tour of duty under the influence of intoxicants). a. Such relief from duty will remain in effect until 1000 hours on the next business day, unless otherwise directed by competent authority, when the relieved member and the supervisor will report to the member's division commander or a designee. Page 3 of 4 GULF STREAM POLICE DEPARTMENT -Disciplinary Procedures SOP # 11.02 VII. ADMINISTRATIVE LEAVE: At the time a member is advised he or she is being placed on administrative leave, the person so advising will also inform the member of the following: 1. Whether the member is required to report to work for some type of duty, which would restrict him or her to police headquarters or is not to report to work. 2. If the member is not required to report to work, the member: a. must be available during normal business hours, Monday through Friday 0900-1700 hrs, for the purpose of interviews to provide information pertaining to the investigation and work related matters. b. report by telephone at 1000 and 1400 to the division commander or designee. c. administrative leave supersedes any other leave. d. is subject to recall at any time. 3. In the case of sworn personnel, whether the officer is relieved of their police powers and authority or not. 4. The member placed on administrative leave will honor all subpoenas and court related responsibilities. 5. Administrative leave must be approved by the Chief of Police except as specifically provided for in policy. VIII. APPEALS PROCESS: A. Grievance Procedures Original Issue: 07/01/07 1. All members are entitled to the grievance procedure as provided in the Town of Gulf Stream Personnel Policies as a process to discuss disputes or controversies involving employment. 2. The grievance procedure will be used for non -punitive and punitive discipline up to discharge. a. Grievances are governed by current town policy. B. Predetermination Hearing 1. All non -probationary members are entitled to a predetermination hearing as provided in the Town of Gulf Stream Personnel Policies. This hearing is an opportunity for the member to offer facts and circumstances to mitigate, negate or reduce the impact of the actions. 2. The hearing officer will be the Town Manager or designee. 3. Sworn members who are the subject of the disciplinary hearing may not have a firearm in their possession while they attend the hearing or any related meetings. 4. Any predetermination hearing will be tape- recorded. IX. REFERENCE: • Town of Gulf Stream Personnel Policies • F.S.S. 112 • SOP # 10.01 Grievance Procedure. • SOP # 11.10 Employee Assistance Program. • SOP # 27.01 Internal Affairs Function Garrett J. Ward, Chief of Police Page 4 of 4 GULF STREAM POLICE DEPARTMENT SOP # 11.04 DRUG TESTING EFFECTIVE DATE: 07/01107 I. POLICY: It is the policy of the Gulf Stream Police Department to hire and continue to employ those persons who are free from the use of illegal drugs or abuse of alcohol and other drugs, either on or off duty. The illegal possession, use, sales, or distribution of controlled substance, on or off duty, by any member is not tolerated. The Gulf Stream Police Department recognizes that the workplace is not exempt from the use or abuse of such substances. Alcohol and drug abuse is seen as harmful and a threat to Department members and the service population. Moreover, the illegal use of controlled drugs by any member is a criminal act that directly threatens the integrity of the Department. The Department intends to reduce or deter this harm by adopting and maintaining a drug free workplace policy and program as established under the guidelines of the Drug Free Workplace Act. The procedures to implement this policy seek to balance member privacy with the Department's legal responsibility and right to establish and maintain a safe and drug-free work environment. While the Department's intention is to deter and prevent substance abuse and the use of illegal drugs, the Department will, where possible and appropriate, provide members the means to obtain information about treatment for alcohol and drug dependency. A. Special Risk Member - All full-time sworn Police Officers employed by the Department. B. Safety Sensitive Member - A position, including a supervisory or management position, in which drug impairment would constitute an immediate and direct threat to public health or safety. C. Drug - Alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. D. Except where the context otherwise requires, all other definitions used in the Drug -Free Workplace Act are applicable. III. ADMINISTRATION OF DRUG TEST: A. The Police Department's drug testing program will test for the following controlled substances: 1. Amphetamines, 2. Barbiturates, 3. Benzodiazepines, 4. Cannabinoid, 5. Cocaine Metabolite, 6. Opiates, and 7. Phencyclidine (PCP). B. The Chief of Police will be responsible for the coordination of the Drug Testing Program for the Police Department and is designated as the Drug Test Coordinator. The Drug Test Coordinator will be responsible and accountable for the following: 1. Ensuring the confidentiality of all information, interviews, reports statements and drug testing results, written or otherwise, pursuant to F.S.S. 112.0445. D. The provider will designate a program manager to provide a single point contact between the Department and the provider on all matters concerning the contract. IV. PROVIDER QUALIFICATIONS: A. The U.S. Department of Health and Human Services (DHHS), and the National Institute on Drug Abuse (NIDA) developed mandatory guidelines and standards in certification of laboratories performing urinalysis drug testing. B. The State of Florida adopted the Federal guidelines as a model in the licensing and certification of laboratories as mandated in the Drug Free Workplace Act. C. In the implementation and execution of this agency's workplace Drug Testing Program, only Federal and State certified laboratories will be used for member drug testing. V. SPECIMEN COLLECTION PROCEDURES: A. The specimen collection procedures utilized will be those set forth by Florida Drug -Free Page 1 of 8 GULF STREAM POLICE DEPARTMENT Workplace Act. VI. LABORATORY ANALYSIS PROCEDURES: A. The drug -testing laboratory will follow procedures as set forth by the Florida Drug - Free Workplace Act. VII. REPORTING TESTS RESULTS: A. DEFINITIONS: 1. Medical Review Officer (MRO) - A licensed physician responsible for receiving laboratory drug test results. The MRO assesses and determines whether an alternate medical or other acceptable explanation can account for a confirmed positive test result. 2. Confirmed Positive - A second laboratory analytical procedure to identify the presence of a speck drug or metabolite which is independent of the initial test and which uses a different technique and chemical principle to ensure accuracy. 3. Verified confirmed Positive - A test result that was positive on both the initial and confirmatory tests, and reviewed and verified as a true positive by the MRO. B. All written test results, both negatives and positives will be delivered to the MRO only, following the laboratory's completion of test(s). C. The MRO will ensure the security and confidentiality of all member drug test records. D. Drug test results will not be solicited from the provider laboratory by any member or supervisor. E. All specimens that test negative on the initial test are reported as negatives. Only specimens confirmed positive will be reported positive for a specific drug. F. The medical review may include, but is not limited to, the following: 1. Conducting a medical interview with the member whose drug test results were positive. 2. A physical examination of the member. 3. Review of the member's medical history. 4. Review of any other relevant biomedical Page 2 of 8 SOP # 11.04 factors. 5. Review of laboratory chain of custody documentation and procedures to ensure the integrity of the specimen. 6. Request a re -analysis of the positive test result. Only the MRO is authorized to order a re -analysis of the original sample and such retests are authorized only at laboratories certified by the U.S. Department of Health and Human Services (DHHS). G. In the event of a laboratory -confirmed positive and upon review by the MRO, a written report of findings and determinations will be provided to the employer by the MRO. The MRO report should contain explanations and rationale in support of final conclusions and specify whether the laboratory positive is declared an MRO verified confirmed positive suggestive of illegal drug use or abuse of legal drugs. H. The Drug Testing Coordinator will provide written notification to the member of drug test results immediately upon receipt from the Medical Review Officer. The written notification will include the possible consequences faced by the member and any available options. I. MRO verified positive test results will be reported to the member who was the subject of the test and the Chief of Police for further action. 1. Such member will receive a copy of the drug test results. VIII. DRUG TESTING FOR CAUSE: A. Nothing in the above Department Policy and Procedure will prohibit a supervisor from requiring a Gulf Stream Police Department member to submit to a drug test if at least "reasonable suspicion" exists the member is abusing drugs on or off duty or is impaired on duty as a result of drug abuse. B. "Reasonable suspicion" for the purpose of drug testing for cause is drug testing based on a belief that an employee is using or has used drugs in violation of the Town of Gulf Stream or the Department's policy drawn from specific objective facts and reasonable inferences drawn from those facts in light of the GULF STREAM POLICE DEPARTMENT SOP # 11.04 supervisors experiences. 1. An employee will not be required to submit to a "reasonable suspicion drug test" except upon the recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the member in question. 2. There are many actions and characteristics upon which such facts and inferences for "reasonable suspicion" may be based. Some of those are listed in FSS 112.0455 (5) (j). C. If the supervisor has reason to believe the member's performance problems or other facts which gave the supervisor the "reasonable suspicion" is a result of the use and/or abuse of a drug other than those tested for in the annual drug test, or an alcohol problem, the supervisor must specify that drug and/or note alcohol problem in the written documentation of reasonable suspicion. 1. In this instance, the specimen will be tested for the specified drug and/or alcohol and the drugs tested for in the random drug test. 2. If no other drug and/or alcohol is specified, the specimen will be tested for the drugs tested for in the annual drug test. D. The supervisor, in order to have the member tested, must comply with the following: 1. Provide written documentation through the chain of command of the reasonable suspicion to the Division Commander in which the member works. The Division Commander must approve or deny the supervisor's request 2. Under exigent circumstances, the supervisor may provide the written documentation of the reasonable suspicion to the highest-ranking officer on duty at the time for approval. However, the ranking officer must be at least one level of supervision higher than the immediate supervisor of the member in question. E. When the supervisor receives approval for the test, he or she will: 1. Notify the member that he or she must submit to a drug test or other specified test. 2. Accompany the member to the collection facility immediately after the notification. F. The same process used for collection of a specimen, chain of custody, testing, and reporting in an annual drug test will be used in a drug test and/or specified test for cause. G. Upon completion of the test, the member will be placed on administrative leave until the results of the test are received. H. When the test results are received, the supervisor will complete a report, detailing the circumstances of the entire process. This report, the written documentation of the reasonable suspicion or greater, and the written test results will be submitted to the Chief of Police. I. Confidentiality of all information, interviews, reports, statements, drug or specific testing results, written or otherwise, or specified test for cause is the same as annual drug testing. J. Any member of the Gulf Stream Police Department who is required to submit to a drug test for cause must do so. Any such member who refuses to submit to the drug test will be subject to disciplinary action up to and including dismissal. K. Any member who is found, through drug testing for cause, to be using and/or abusing any of the specified drugs tested for and verified by MRO, is subject to disciplinary action up to and including dismissal. XI. DISCIPLINARY ACTIONS: A. Any special risk or safety sensitive member of the Gulf Stream Police Department who is required to submit to a drug test and refuses to do so will be subject to disciplinary action up to and including dismissal. B. Any special risk or safety sensitive member of the Gulf Stream Police Department who is found through drug testing for cause to be using and/or abusing any of the specified drugs tested for is subject to disciplinary action up to and including dismissal. C. When a member's confirmation drug test Page 3 of 8 GULF STREAM POLICE DEPARTMENT results is verified as a true positive by the MRO, the Chief of Police will immediately suspend the officer from duty with pay. D. The Chief of Police or his or her designee will conduct an internal investigation. E. Upon completion of the investigation, the Investigator will submit a report to the Chief of Police, including the MRO's findings. F. If the findings of the investigation shows the member is illegally using and/or abusing any of the drugs tested for in the annual drug test or any drugs listed under Schedule I, Schedule Il, or Schedule III of FSS 893.03, the member will be dismissed. G. If the findings of the investigation show the member is illegally using and/or abusing and/or illegally obtaining any drug other than the drugs listed in the above section, the member will be dismissed. H. If the findings of the investigation show the member is abusing a legally obtained legal drug; the following actions will be taken: 1. The member will be required to enroll in, participate in and complete a mandatory drug/alcohol abuse rehabilitation program at the member's own expense or pursuant to coverage under a health insurance plan. 2. Upon the successful completion of the drug/alcohol abuse rehabilitation program, the member will be reinstated to duty at the same or equivalent position they held prior to attending the rehabilitation program and must sign an agreement to include the following: a. He or she will undergo drug testing by the Town of Gulf Stream at any time, irrespective of reasonable suspicion for a period of two (2) years. b. The Chief of Police will determine the dates of the above tests. c. He or she will enroll and participate in an outpatient drug/alcohol abuse program for a period of at least two years after being reinstated to duty. 3. Refusal to enroll in, participate in, Page 4 of 8 SOP # 11.04 successfully complete, comply with, or give written consent allowing the Department to obtain information regarding the progress and successful completion of any of the above will result in dismissal of the member. 4. If a drug test at any time after the successful completion of the above drug/alcohol rehabilitation program is verified positive and the findings of an investigation show the member is abusing a legally obtained legal drug, the member will be dismissed. I. No member will be dismissed, disciplined, or discriminated against solely on the basis of a laboratory positive that has not been reviewed and verged as a true positive test by the MRO. XII. MEMBERS RIGHTS TO APPEAL PROCESS: A. No member will be dismissed, disciplined, or discriminated against for voluntarily seeking treatment for a drug related problem if the member has not previously tested positive for drug use, entered an employee assistance program for a drug related or alcohol problem, or entered a drug/alcohol rehabilitation program. This option is available to an officer up until the time that officer is noted he or she has submitted to annual drug test. B. A member will be placed on administrative leave without pay to participate in a drug/alcohol abuse rehabilitation program the first time such officer participates in any such program, whether voluntary or mandatory. Such officer will be allowed to use any and all accumulated leave time. C. Any member who successfully completes a drug/alcohol rehabilitation program, whether voluntary or mandatory, for the first time will be reinstated to the same or equivalent position held prior to such rehabilitation. D. No member will be dismissed, disciplined, or discriminated against on the basis of prior medical history revealed pursuant to this directive. E. When a drug test for cause is conducted based on "reasonable cause"; a copy of the documentation will be provided to the tested member upon request. The original documentation will be kept confidential and retained by the Department for one (1) year. GULF STREAM POLICE DEPARTMENT SOP # 11.04 F. When a member tests positive for a drug(s) pursuant to this directive, the member may undertake an administrative or legal challenge to the drug test results. The member has the responsibility to notify the Department's provider laboratory, via the Drug Testing Coordinator and MRO, to maintain the test sample in a frozen state for up to one (1) year, unless otherwise specked by the Department, until the case or administrative appeal is settled. G. During the 180 day period after the member has received written notification of a MRO verified positive drug test results; the member who provided the sample will be permitted to have a portion of the specimen retested. Such request will be made with the MRO. 1. This retest will be at the expense of the member. 2. The retest will be completed at a laboratory, other than the Department's provider laboratory, which is licensed and approved by DHHS/NIDA. 3. The laboratory performing the retest will do so at equal or greater sensitivity for the drug in question as the Department's provider laboratory, which performed the first test. 4. The Department's provider laboratory, which performed the first test, will be responsible for the transfer of the portion of the specimen to be retested and for the integrity of the chain of custody during such transfer. H. A member will, within five (5) working days after receiving written notice of a MRO verified positive drug test, submit information to the Chief of Police explaining or contesting the drug test results and why the results do not constitute a violation of this directive. 1. If the explanation or challenge of the verified positive drug test results is unsatisfactory to the Chief of Police, a written explanation as to why the explanation or challenge is unsatisfactory will be provided to the member. 2. All such documentation will be confidential and retained by the Department for one year. I. Any disciplinary action taken against a member pursuant to this directive may be appealed to the Public Employees Relations Commission (PERC). 1. A member may not file both an appeal and a grievance. 2. A member must exhaust either the appeal process. 3. Upon resolving an appeal in favor of the member, PERC may order relief to the member as listed in FSS 112.0455 (14) (e). J. A member who alleges a violation of the provisions of FSS 112.0455 which cannot be remedied by an appeal to PERC or through the collective bargaining grievance -arbitration process must institute a civil action for injunctive relief or damages, or both, in a court of competent jurisdiction within 180 days of the alleged violation or be barred from obtaining relief per F.S.S. 112.0455 (15) (a) 1 & 2. XIII. GENERAL INFORMATION: A. The purpose of this directive is not only to prevent drug abuse but also to identify users as early as possible so the public is not jeopardized because of drug related impairment. B. All information, interviews, reports, statements, memoranda, and drug tests results, written or otherwise, received by the Department pursuant to this directive are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings, except in accordance with FSS 112.0455 (11). 1.The Department, the Department's provider laboratory, the Medical Review Officer, employee assistance programs, drug/alcohol rehabilitation programs, and any of their members or agents who receive or have access or information concerning drug test results will keep all information confidential. 2. Release of such information will be solely pursuant to a written consent form signed voluntarily by the person tested. Page 5 of 8 GULF STREAM POLICE DEPARTMENT SOP # 11.04 a. An exception is when such release is compelled by a hearing officer or a court of competent jurisdiction pursuant to an appeal by the member or where deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. b. The written consent must contain: 1) The name of the person who is authorized to obtain the information. 2) The purpose of the disclosure. 3) The precise information to be disclosed. 4) The duration of the consent. 5) The signature of the person authorizing release of the information. c. Information on drug tests results will not be released or used in any criminal proceeding against the officer. Any information -released contrary to this will be inadmissible as evidence in any such court proceedings. d. Nothing contained in this directive will prohibit the Criminal Justice Standards and Training Commission (CJSTC) from receiving information on a MRO verified positive drug test result for the purpose of reviewing certification. e. Nothing contained in this directive will prohibit the Department, an agent of the Department, or laboratory conducting a drug test from having access to the member's drug test information when consulting legal counsel in connection with actions brought under or related to this directive or where the information is relevant to its defense in a civil or administrative matter. C. It is unlawful for any person to sell, purchase, manufacture, possess with intent to sell, purchase, manufacture, or deliver a controlled substance, or to be in actual or constructive possession of a controlled substance unless the controlled substance was lawfully obtained. Page 6 of 8 1. Nothing in this directive will prohibit a police officer from arresting and prosecuting any Gulf Stream Police Department member for violating FSS 893.13. 2. Nothing in this directive will prohibit a sworn police officer of the Gulf Stream Police Department from selling, purchasing, or possessing a controlled substance to further an investigation or other law enforcement objective that the Department is aware of or will be made immediately aware. XIV. ASSISTANCE CENTERS: A. Any Department member may contact the agencies listed on Appendix A, Section III for help in dealing with a drug abuse or alcohol problem: Xv. • SOP # 11.10 Employee Assistance Program. • F.S.S. 112.0455. Drug -Free Workplace. • F.S.S. 893.03 Drug Abuse Prevention and Control. • Town of Gulf Stream Personnel Policies: Drug Policy STREAM POLICE DEPARTMENT Original issue: 07/01/07 Garrett J. Ward, Chief of Police SOP # 11.04 Page 7 of 8 GULF STREAM POLICE DEPARTMENT SOP # 11.04 APPENDIX A I. INITIAL SCREENING CUT-OFF LEVEL: A. The following levels are those, which must be found present in a person's specimen to indicate possible drug usage: DRUG (NG/ML) 1. Amphetamines 1000 2. Barbiturates 300 3. Benzodiazepines 300 4. Cannabinoids 50 5. Cocaine/Metabolite 300 6. Opiates 300 Il. CONFIRMATION TEST CUT-OFF LEVEL: A. The following levels are those, which must be found present in a person's specimen to confirm drug usage: DRUG 1. Amphetamines 2. Barbiturates 3. Benzodiazepines 4. Cannabinoids 5. Cocaine Metabolite 6. Opiates III. EMPLOYEE ASSISTANCE PROGRAM REFERRAL A. M. H. Net 1-800-250-3935. Page 8 of 8 (NG/ML) 500 200 300 10 150 100 GULF STREAM POLICE DEPARTMENT -Awards Program SOP # 11.09 DEPARTMENTAL AWARDS PROGRAM AND RECOGNITION EFFECTIVE: NOT USED AT THIS TIME I. POLICY: The Gulf Stream Police Department will recognize officers and employees who perform in an outstanding manner or who go above and beyond the call of duty. Members will be distinguished for exemplary conduct and personal effort which attributes department members in the performance of their duties. A. The Patriot- This award is presented to the Employee of the Year. WORN ON LEFT BREAST B. Medal of Honor -This award is presented for an outstanding act of heroism in the line of duty, at imminent hazard of personal fife, with full knowledge of the risk involved. WORN ON RIGHT BREAST C. Legion of Honor -This award is presented for a permanent injury suffered in the line of duty, thereby preventing the employee from further serving in the active role of the job classification for a minimum of three months. WORN ON LEFT BREAST D. Combat Cross -This award is presented for an individual act of heroism, at imminent personal hazard of life, in combat with an armed adversary. WORN ON LEFT BREAST E. Gallantry Ste his award is presented for an act of distinguished bravery in the arrest of a person who is a major threat to the welfare of the community and/ or the officer. WORN ON LEFT BREAST F. Meritorious Service -This award is presented for a highly unusual accomplishment under adverse conditions with some degree of hazard to personal safety, or where death or injury to a third party is prevented. WORN ON LEFT BREAST G. Wounded In Combat -This award is presented for a wound received in the line of duty, inflicted intentionally by an armed adversary and resulting in severe puncture wounds, severe lacerations, fractures, or concussion being suffered by the nominee. WORN ON RIGHT BREAST H. Life Savina-This award is presented for an act which through disregard for personal safety or prompt and alert action resulted in the saving of a human life. WORN ON LEFT BREAST I. Grand Cordon- This award is presented for an individual action while participating in an operating unit during a cited action. WORN ON LEFT BREAST J. Unit Citation -This award is presented for participation in an operating unit and/ or the entire departmental staff in a cited action. WORN ON LEFT BREAST K. Triumphant -This award is presented to the department's "Top Gun" recipient. This award may also be issued for other competitive events sponsored by the department. WORN ON LEFT BREAST L. Croix De Neaotiator Laurel -This award is presented for an action that through composure, talk -down, and wit, prevented the loss of a life. WORN ON LEFT BREAST M. The Samaritan -This award is presented for an act of humanity as a friend to those in need, by attending to them in the time of crisis, accident or danger, and providing them with confidence and understanding. WORN ON LEFT BREAST N. Honorable Service -This award is presented for a credible act in the line of duty, which meets some, but not all the requirements for other awards, and is unusual in nature, showing initiative and accomplishment. WORN ON LEFT BREAST Q. Veterans Bars - 1. Vietnam- presented to any employee who served with the Armed Forces in Vietnam during the Vietnam War. WORN ON LEFT BREAST 2. Gulf War- presented to any employee who served with the Armed Forces in the Persian Gulf during Desert Storm. WORN ON LEFT BREAST Page 1 of 4 GULF STREAM POLICE DEPARTMENT -Awards Program SOP # 11.09 O. Educational Achievement -This award is presented to employees who achieve 65 credits toward a college degree (20 of which were received while employed with the Lantana Police Department) and/ or the introduction of a new method or device which is adapted to the departmental administration or to improve tactical procedures. WORN ON LEFT BREAST P. "Officer or Employee of the Quarter" - An award granted to the sworn or non -sworn member who demonstrates exceptional performance during the rating period consistent with department policies and procedures. This award will be presented by the Chief of Police in the form of a certificate. The four (4) members chosen for this award will be submitted to the Chief of Police for recognizing a "Officer or Employee of the Year". Q. Recognition - Any letter of recognition or commendation concerning a positive action of a member. Such positive actions include but are not limited to letters, awards and/or certificates from schools, organizations, agencies (local, state, national), professional groups, and nominations. Selections or appointments to an established committee, board, function or activity are included. III. PROCEDURE: A. Award recipients must be listed on the duty roster at the time of the Awards Ceremony to receive an award. The only exception is retired employees. B. Any employee may nominate another employee or themselves. An Awards Recommendation Form (Appendix A) must be completed with supporting documentation attached. The nomination should be forwarded, through the chain of command, to the Chief of Police. C. The program runs yearly from January 1 through December 31. Nominations will be accepted until the 15th of January. D. A voluntary awards committee will be comprised of three personnel selected by the Chief of Police. This committee will review all award nominations and forward a final award list to the Chief of Police for approval by March 31. 1. The awards committee will review submissions for the prior year for content and award recommendation. E. In the selection of "Officer or Employee of the Quarter", submissions to the Administrative Services will be reviewed by the awards committee at least once a quarter. The awards committee will submit recommendations to the Chief of Police. 1. Administrative Services will request nominations the last week of March, June, September and December annually. 2. Awards committee will review the submissions for the prior quarter during the first staff meeting of January, April, July and October. 3. A member selected as "Officer or Employee of the Quarter" will receive one (1) working shift of administrative time off, according to assignment. IV. ELIGIBILITY: A. All members of the department, are eligible for those awards specified in this directive. B. The conduct of any nominee must be in keeping with sound judgment and reflect honorably upon the police department. V. WEARING AWARDS A. The awards will be worn parallel to and below the seam of the pocket flap in ranking order with the highest award worn on top. 1. When four (4) or more awards are worn on the uniform, the awards will be worn two (2) vertically, with the highest award on the top right followed by awards in descending order. a. Odd numbers of award pins will be worn in descending order centered below the two (2) vertical award bars. B. Appurtenances- A designation pin with the specific number of multiple awards in the center of the award bar. Page 2 of 4 GULF STREAM POLICE DEPARTMENT -Awards Program SOP # 11.09 VI. RECOGNITION /COMMENDATION PROCEDURE: A. Any letters, commendations, awards and/or documentation from members or outside entities should be routed for review to the Chief of Police. 1. The Chief of Police will review and determine which documents will be Original issue: IV. submitted to the Town Clerk for inclusion in the member's file. B. A copy of any letters, commendations, awards and/or documentation in this procedure will be given to the member. SOP # 50.01 Uniform and Appearance Garrett J. Ward, Chief of Police Page 3 of 4 GULF STREAM POLICE DEPARTMENT -Awards Appendix A SOP # 11.09 GULF STREAM POLICE DEPARTMENT -Workplace & Sexual Harassment SOP # 11.10 WORKPLACE & SEXUAL HARASSMENT EFFECTIVE 07/01/07 I. POLICY: The Gulf Stream Police Department is committed to providing a work environment that is free of discrimination. In keeping with this commitment, the department maintains a strict policy prohibiting sexual harassment and discrimination based on age, race, color, sex, religious creed, national origin, ancestry, medical conditions, marital status or handicap in accordance with state and federal law. It. DEFINITIONS: A. HARASSMENT: For the purpose of clarification, harassment includes but is not limited to derogatory terms, jokes or any comment or conduct that disparages a person because of race, national origin, sex, age, religion or ethnicity. It can also include unwelcome sexual advances, requests for sexual favors and other verbal, non-verbal, visual or physical contact where: 1. Submission to such conduct is made either explicitly a term or condition of an member's employment; 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such member; or 3. Such conduct has the purpose or effect of unreasonably interfering with a member's work performance or creating an intimidating, hostile, or offensive working environment. III. PROCEDURE: A. Harassment of any kind, fashion or nature will not be tolerated. An investigation of all reported cases of harassment will be conducted as well as on-going attempts by supervisory members to work toward eliminating instances of harassment and to create a non -hostile work environment for all members. B. Any member who becomes the subject of any harassment is encouraged to promptly report the facts of the incident to his or her supervisor. C. Supervisors will immediately intervene and correct any conduct, which might constitute a violation of this policy that, occur in his or her presence. 1. If the conduct is such that it may be a serious violation of this procedure the supervisor will forward a report of the conduct to the Chief of Police. D. Supervisors will immediately forward any report of conduct that is reported to him or her by another member, which might constitute a violation of this policy to the Chief of Police. All reports of such harassment will be investigated in a confidential and timely manner with due regard to the privacy and rights of the accuser and the accused. E. In the event the person alleged to be committing the discriminatory harassment is in the reporting members chain of command, the reporting member may report the discriminatory harassment to the Chief of Police. 1. In the event the allegation involves the Chief of Police, the member may report the allegations directly to the Town Manager. F. In determining whether alleged conduct constitutes harassment, the Chief of Police or designee may look at the record as a whole and at the totality of the circumstances, in the context in which the alleged incident(s) occurred. 1. The determination of the conduct will be made from the facts, on a case-by- case basis. 2. Circumstances of the job functions performed by the member will determine whether an individual acts in either a supervisory or official capacity and may effect the determination. Page 1 of 2 GULF STREAM POLICE DEPARTMENT -Workplace & Sexual Harassment SOP # 11.10 G. Disciplinary action will be taken promptly against any member if such person has engaged in prohibited conduct in violation of this policy. Original issue: 07/01/07 Garrett J. Ward, Chief of Police Page 2 of 2 GULF STREAM POLICE DEPARTMENT SOP # 11.11 EMPLOYEE ASSISTANCE PROGRAM (EAP) EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department has established guidelines for employees seeking assistance through the Town's Employee Assistance Program (EAP). The Police Department's policies have the underlying concept of positive regard for the employee as an individual and as a worker. To uphold this concept of caring for our employees, the Department participates in the Town's EAP, which provides assistance for employees work and non -work related problems including assisting employees who may be experiencing personal or stress related problems. II. DEFINITION: A. Emolovee Assistance Prooram (EAP) - Is a confidential guidance and referral service for Town employees. both work and non -work related matters, which may be utilized as a consultation service for supervisors who have employees with work related performance problems. III. EMPLOYEE ASSISTANCE PROGRAM, EAP: A. The Police Department participates in the Town's Employee Assistance Program. Program services are provided by an independent service under contract with the Town. B. The Employee Assistance Program is designed to help employees with behavior and/medical problems which affect job performance and/or attendance. C. The resources of the E.A.P. are available to any eligible employee who voluntarily requests help. D. All employees are encouraged to voluntarily use the services of the Employee Assistance Program. E. Any communication between the employee or the family member and E.A.P. will be held in the strictest of confidence. IV. EMPLOYEE RESPONSIBILITY: A. Employees are encouraged to seek assistance on their own before problems affect their work. Early resolution of personal problems is in the best interest of the individual and the Police Department. B. It is the employee's choice to accept or decline the services offered by the Employee Assistance Program. C. Participation in the Employee Assistance Program will not jeopardize an employee's job security or promotional opportunities. D. It is the employee's responsibility to assess and maintain optimum physical and mental health. V. SUPERVISORY RESPONSIBILITY: A. It is not the intent of the Employee Assistance Program to have supervisory management actively looking for employees with problems. B. It will be the responsibility of supervisors at all levels to assess job performance and, when appropriate, encourage employees to seek assistance through the E.A.P. if the assistance is beyond the supervisor's normal counseling duty. C. Supervisors will refrain from making any diagnosis of an employee's problem. Referrals for assistance will be made only at the employee's request or on the basis of job performance. D. The E.A.P. staff and supervisors will not get involved when a family member notifies the Department or a supervisor to complain about an employee's behavior at home. E. The Department will not intrude into an employee's private life by utilizing family information to refer an employee to the E.A.P. F. The Employee Assistance Program will not be used for a "Fitness for Duty Evaluation" or for any type of disciplinary action for any employee. VI. PROCEDURE FOR ASSISTANCE: A. Whenever circumstances dictate, any employee can self -initiate the services of the Employee Assistance Program. B. Through assessment of job performance, an Page 1 of 2 GULF STREAM POLICE DEPARTMENT SOP # 11.11 employee's supervisor may consider employee referral to the Employee Assistance Program. 1. Such referral to the E.A.P. by a supervisor should be based on the supervisor's regular and routine observation, documentation, confrontation, and the initial referral and monitoring of the employee's job performance. 2. Observation is the first step in working with an employee who seems to be experiencing a personal problem or crisis by recognizing that such problems/crises exist. Watch carefully for unusual actions or for a change in work performance. If these actions continue or performance declines there may be cause for concern. The key is consistency. Anyone can have an off day but if the symptoms are consistent, it may signal something is wrong. Some of these symptoms may include: a. Inability to relax; b. Missing deadlines; c. Having accidents; d. Making errors; e. Withdrawing from or avoiding co- workers; f. Sluggishness or Inability to complete tasks; g. Being late frequently or absent from work; and/or h. Having conflicts with others. 3. Documentation is essential to substantiate the employee's display of Original issue:07/01/07 Page 2 of 2 repeated symptoms or unusual behaviors over a period of time. Documenting should be accomplished for the following reasons: a. To demonstrate to the employee exactly when and where his or her performance has declined. b. To have this data available in case of an employee grievance. c. To enable those involved in diagnosis and treatment to more effectively assess the problem. VII. E.A.P. RECORDS: A. To preserve the employee's right to privacy, records and discussions regarding the nature of personal problems will be handled in a highly confidential manner. B. All records regarding the E.A.P. will be maintained by the contracted provider in strict confidence and separate from personnel records. C. The contents of these records will only be released with the employee's written permission. VIII. REFERENCE: SOP # 18.20 Investigation of Critical Incidents. Town of Gulf Stream Employee Assistance Program. Garrett J. Ward, Chief of Police GULF STREAM POLICE DEPARTMENT -Recruitment SOP # 12.01 RECRUITMENT EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department actively recruits quality applicants to develop a work force reflective of the community we serve. Recruitment of quality personnel is the first step toward an efficient and effective police department and the department will identify and select the most qualified candidates. A fair selection process identifies the skills, knowledge and abilities necessary for those candidates seeking law enforcement careers. II. DEFINITIONS: A. Equal Employment Opportunity - The Town of Gulf Stream and the Gulf Stream Police Department exists to serve equally the people of the Town without regard to race, color, religion, national origin, age, disability, family status, marital status, or sexual orientation. A. The Gulf Stream Police department will implement the recruitment plan for candidates for the position of police officer. 1. An "Equal Opportunity Employer" will be boldly indicated and advertised on all employment applications and recruitment advertisements. B. The responsibility for recruiting for the position of sworn police officer within the department is assigned to the Chief of Police or Designee. C. Prior to recruiting any applicants for the position of sworn police officer, members assigned to recruiting activities will receive training in related personnel matters which may include, but not be limited to: 1. Department recruitment needs (current and projected). 2. Organization, operation, and philosophy of the department. 3. Department career opportunities, IV. salaries, benefits, training, and job diversification. 4. The selection process (testing procedures, background checks, etc). 5. The duties and qualifications required of candidates, as well as disqualifying characteristics. A. The department will recruit for entry-level police officer positions through: 1. Various community college law enforcement academies throughout the local area. 2. Mailing or providing announcements for the position of Police Officer to anyone who meets the minimum qualifications. B. The department's role in the development and implementation of the recruitment program is to: 1. Provide applicants with applications and recruitment literature; 2. Solicit cooperation and assistance in recruiting from other law enforcement agencies, educational institutions, community service organizations, and community leaders. V. JOB ANALYSIS IN RECRUITMENT PROCESS: f� A. To ensure job relatedness, recruitment efforts will be based on the nature of the job to be performed. Job task analyses have been completed by Town Hall in conjunction with the department to assess all sworn positions in the department in relation to skills, knowledge, abilities, experience, and training required to perform the job tasks. SOP# 13.01 Selection • Town of Gulf Stream Administrative Orders. GULF STREAM POLICE DEPARTMENT -Recruitment SOP # 12.01 This page not used at this time Page 2 of 2 GULF STREAM POLICE DEPARTMENT -Selection Process -Sworn Members SOP # 13.01 SELECTION PROCESS -Sworn Members EFFECTIVE: NOT USED AT THIS TIME I. POLICY: The Gulf Stream Police Department has established guidelines for the selection of the most qualified candidates to develop a work force reflective of the community we serve. A fair selection process identifies the skills, knowledge and abilities necessary for those candidates seeking law enforcement careers. A. Equal Employment Opportunity - The Town of Gulf Stream and the Gulf Stream Police Department exists to serve equally all the people of the Town without regard to race, color, religion, national origin, age, disability, family status, marital status, or sexual orientation. B. Selection Process - Candidates must successfully complete a multiple hurdle selection process. The procedures leading to the final employment decision, include, but are not limited to meeting minimum qualifications (education, experience, physical attributes, citizenship, residency, etc.), psychological evaluations, background investigations, oral interviews, medical exams, and probationary period ratings. III. APPLICATION PROCESS: A. All applications for police officer received by this department will be reviewed by the Chief of Police or designee to determine if the candidate meets the minimum qualifications. 1. When the candidate meets the minimum qualifications, he or she will be notified of the next step in the selection process. 2. When the candidate fails to meet the minimum qualifications, he or she will be notified in person, by telephone or by mail. B. Applications for non -sworn positions are handled by the Chief of Police or designee. IV. SELECTION PROCESS RESPONSIBILITY: A. The Chief of Police will have the final authority in the selection process for candidates seeking employment in entry-level positions in the department. B. The authority and responsibility for administering the department's selection process will be delegated to the Chief of Police. C. The Chief of Police or designee will initiate and/or participate in the following components of the department's selection process including, but not limited to, 1. Liaison with Town Hall; 2. Coordinate the processing of persons making application for hire; 3. Schedule and/or administer oral interview(s); 4. Schedule and initiate the Polygraph: 5. Conduct the background investigations; 6. Schedule the psychological exams; 7. Schedule the medical exams, to include drug and alcohol screening; and B. Maintain a file on the selection process of each candidate making application for employment. a. When the application process is completed the file is retained as required by law. E. Town Hall will keep on file the following: 1. Town Administrative Orders governing the selection process; 2. A record of the status and final disposition of applicants making application; 3. Applications and other recruitment literature for walk-in and referral candidates; and 4. An outline by classification of the selection process as outlined by the department and Town Hall. F. Whenever possible, the Chief of Police or a designee will make every effort to include qualified members of varied genders, races, and ethnic backgrounds in the selection Page 1 of 5 GULF STREAM POLICE DEPARTMENT -Selection Process —Sworn Members SOP # 13.01 process. responsible for maintenance and security of the files. 1. Those members qualifying to participate in the selection process will receive appropriate training prior to assignment to any part of the selection process. 2. Training and/or orientation to the selection process may be provided by the department. G. The selection process will be screened by the department for uniformity in administration, scoring, and interpretation. 1. All tests utilized will meet criteria established by regulations, case law, and other relevant means. 2. Tests and scoring criteria used will be maintained by Town Hall. V. QUALIFICATIONS FOR SWORN MEMBERS: A. All candidates, prior to making application, must not be less than 19 years of age and meet the minimum requirements mandated by the State. B. Other qualifications may include, but not be limited to: 1. High school diploma or State of Florida acceptable G.E.D.; 2. Meet medical requirements; 3. U.S. citizenship; 4. Have valid Florida Driver License; and 5. No conviction as an adult for any felony or for a misdemeanor involving perjury, false statement, moral turpitude or domestic violence. C. Town Hall will maintain the original application and the Personal History Questionnaire completed in a safe and secure place. VI. SELECTION PROCESS MATERIALS: A. All selection materials in the physical possession of the department will be stored in a safe and secure area. B. The Chief of Police or designee is C. When selection materials are disposed of, the manner of disposal will be the same as classified documents and in accordance with state records law. VII. APPLICATION PROCESSING: A. All applications received by this department will be handled as follows: 1. Any application received containing omissions and/or deficiencies will be returned to the applicant for corrections prior to entering the testing or interview process. 2. Applicants will be scheduled for the next step in the process following acceptance of the completed application depending upon vacancies. 3. Accepted applications are valid to enter the selection process for current vacancies, if no selection process is conducted within twelve (12) months, the applicant must complete a new application. 4. The Department maintains regular contact by phone or mail with applicants from initial application to final employment decision. B. Candidates must complete each portion of the selection process in order to advance to the next step in the process. The steps are: 1. Application and Personal History Questionnaire; 2. Polygraph Examination; 3. Psychological Examination; 4. Background Investigation; 5. Oral Interview with Chief of Police or designee; and 6. Medical Examination and Drug Testing. C. All sworn candidates will be notified of the selection process in person or via telephone by the Chief of Police or designee to include, but not be limited to, Page 2 of 5 GULF STREAM POLICE DEPARTMENT -Selection Process -Sworn Members SOP # 13.01 1. Dates, times, and locations; 2. Information on the remaining selection components (Polygraph examination, oral interview, psychological examination, background investigation, medical examination, etc.); 3. Information regarding duration of process; 4. Information relevant to what criteria might disqualify a candidate. D. All components of the selection process must be successfully completed or satisfied prior to appointment to probationary status. E. All candidates must obtain certification as a police officer through the Criminal Justice Standards and Training Commission in the State of Florida within the allotted time required by the State. F. Candidates who fail any specific area in the selection process will be notified by the Uniform Services Chief of Police or designee. G. Results of the selection process of candidates not selected will be maintained by Town Hall in a safe and secure place. VII. POLYGRAPH EXAMINATIONS: A. As a condition of employment, all candidates must be willing to submit a Polygraph examination. 1. Polygraph examinations for hiring purposes will be administered by examiners who are trained and certified in the use of Polygraph instruments and skilled in the evaluation of data resulting from the examination. 2. Results of the Polygraph examination will not be the sole determinant for hire or rejection. B. The Chief of Police or designee will coordinate the Polygraph scheduling with the examiner. C. No Polygraph examination will be administered unless the candidate gives his or her informed consent in writing, and only after signing a release of liability, which will be kept on file by the examiner D. Prior to the Polygraph examination, the examiner will provide each candidate with a list of relevant questions to be asked and sufficient time will be allowed for the candidate to ask questions or clear up any misunderstandings about what will be asked. E. Results of Polygraph examinations will be confidential and will be filed with the examiner in a safe and secure place. VIII. PSYCHOLOGICAL EVALUATION: A. All candidates passing the background investigation will be subject to a psychological evaluation. B. The evaluation is designed to screen the candidates for emotional stability, maturity, and the ability to function under stressful conditions. C. Psychological evaluations are to be conducted using valid, useful, and non- discriminating procedures by licensed professionals who are experienced with law enforcement officers. D. Upon completion of the evaluation, a written evaluation report is received by the Chief of Police who will review for acceptability, unacceptability, or marginal results. E. Results of psychological evaluations are maintained in the applicant file in a safe and secure place. IX. BACKGROUND INVESTIGATION- SWORN MEMBERS: A. All candidates will be subject to a background investigation as prescribed by Criminal Justice Standards and Training Commission (CJSTC). B. The Chief of Police will initiate and/or assign a member to conduct the background investigation. 1. Personnel assigned to background investigations will be trained in collecting required information, such as the use of FCIC, NCIC or PALMS computers. a. Such training may be received through a designated course at the local community college, the Page 3 of 5 GULF STREAM POLICE DEPARTMENT -Selection Process —Sworn Members SOP # 13.01 department or other identified resources. b. The training should stress confidentiality, effective interviewing techniques, liability and waiver requirements, and documentation. 2. All background investigations will be conducted by police personnel only and through the use of phone, mail, computer, and/or if possible, in person. C. The background investigation will verify the following: 1. Birth certificate or proof of U.S. citizenship; 2. Social security card; 3. Diploma and/or transcripts certifying credits or degree; 4. Driver license check; 5. Criminal history check through FCIC, NCIC, and PALMS; 6. Fingerprint checks on state and national levels; 7. Past and present employment check; 8. Interviews with at least three (3) personal references; 9. Military Form DD 214, if a veteran; 10. Credit history report provided by applicant. D. A report on each candidate investigated will be filed with the Chief of Police and the results and records of background investigations will be kept on file in a safe and secure place for the period of time prescribed by F.S.S. X. ORAL INTERVIEW: A. Those candidates successfully completing the medical examination and drug screening will be invited to an oral interview with the Chief of Police or designee. B. During the oral interview, questions asked of candidates are structured, consistent, and job related. C. Those candidates who successfully pass the oral interview will be considered for appointment to vacant positions. XI. MEDICAL EXAMINATION/DRUG TESTING: A. All candidates, after successfully completing the psychological evaluation will receive a medical examination and drug -screening test by a licensed physician as mandated by CJSTC standards. B. The examination is designed to reveal any medical conditions that would adversely affect the candidate's ability to perform the essential duties of a sworn police officer and to indicate any use of banned substances by the candidate. C. The Chief of Police will coordinate the medical examination and drug screening with the contracted town physician. D. All medical reports are the permanent records of the Town of Gulf Stream. Copies of such reports are received by the police department for review and placed in the candidate's file. XII. REAPPLICATION/RETESTING PROCESS: A. Applications are valid for current vacancies selection process or until the candidate is disqualified from the process. 1. Candidates who complete the process must reapply after each selection process. 2. Candidates disqualified in the process must wait one (1) year from the date of disqualification to reapply. XIII. A. After satisfying all qualifications and selection criteria, all candidates will be eligible to be hired as a probationary member(s). B. All newly officers must have previous law enforcement experience and have complete all requirements (i.e., firearms training, criminal laws of arrests, search & seizure, etc) of the basic recruit police academy and successfully complete the State certification test for Police Officers as mandated by C.J.S.T.C. prior to assignment in any capacity which involves Page 4 of 5 GULF STREAM POLICE DEPARTMENT -Selection Process -Sworn Members SOP # 13.01 carrying a firearm or making an arrest. C. When a member successfully completes the requirements of CJSTTC and is sworn by taking the oath of office, the member will begin a 18 - month probationary appointment as governed by Town of Gulf Stream Personnel Policies. D. When a member successfully completes a 18 -month probationary appointment, the member is considered a non -probationary member. XIV. PROBATIONARY EVALUATION: A. The performance of newly appointed officers hired on probationary status will be monitored and evaluated during the following times: 1. On a daily basis during the Field Training Program (FTO). 2. Upon completion of the prescribed FTO Program, the officer will be released from FTO or have the field training period extended. a. Termination of probationary officers during the Field Training Program may occur at any time based on the recommendations of the field -training officers. 3. Probationary officers will be evaluated quarterly and the evaluations will be maintained as part of their personnel file. XV. CONTESTING PROBATIONARY EVALUATION: Original issue: 5/1/06 A. Probationary officers who disagree with their evaluations may: 1. Submit written comments and the contested evaluation to the Chief of Police for review. 2. The Chief of Police will make recommendations as to the resolution of the matter. 3. Chief of Police will have final authority over contested evaluations. XVI. DISPOSITION OF RECORDS: A. Records of candidate's application who are not selected are maintained by Town Hall for a period of two (2) years before destruction, unless otherwise directed by Civil Service Rules and Regulations or State records law. B. Records of candidates who are selected will be maintained by Town Hall department for the period of time prescribed in F.S.S. XVII. • FSS Ch.119 Public Records. • FSS 943.13 Officer's minimum qualifications for employment or appointment. • Town of Gulf Stream Personnel Policies and Administrative orders. Garrett J. Ward, Chief of Police Page 5 of 5 GULF STREAM POLICE DEPARTMENT -Selection Process -Non -Sworn Members SOP # 13.02 SELECTION PROCESS -Non -Sworn Members EFFECTIVE: not used E.A. ACCREDITATION STANDARDS: 13.14 I. POLICY: The Lantana Police Department has established guidelines for the selection of the most qualified candidates to develop a work force reflective of the community we serve. A fair selection process identifies the skills, knowledge and abilities necessary for those candidates seeking law enforcement careers. II. DEFINITIONS: A. Equal Employment Opportunity - The Town of Lantana and the Lantana Police Department exists to serve equally all the people of the Town without regard to race, color, religion, national origin, age, disability, family status, marital status, or sexual orientation. B. Selection Process - Candidates must successfully complete a multiple hurdle selection process. The procedures leading to the final employment decision, include, but are not limited to meeting minimum qualifications (education, experience, physical attributes, citizenship, residency, etc.), oral interviews and background investigations. III. APPLICATION PROCESS: A. Applications for non -sworn positions are handled by Town Hall. B. All applications received from Town Hall for non -sworn positions will be reviewed by the effected commander to determine if the candidate meets the minimum qualifications. 1. When the candidate meets the minimum qualifications, he or she will be notified of the next step in the selection process. 2. When the candidate fails to meet the minimum qualifications, he or she will be noted in person, by telephone or by mail. IV. SELECTION PROCESS RESPONSIBILITY: A. The Chief of Police or designee will have the final authority in the selection process for candidates seeking employment in non -sworn positions in the department. B. The authority and responsibility for administering the department's selection process will be delegated to the effected commander within each division. C. The commander or designee will initiate and/or participate in the following components of the department's selection process including, but not limited to,: 1. Liaison with Town Hall; 2. Coordinate the processing of persons making application for hire; 3. Schedule and/or administer oral interview(s); 4. Conduct the background investigations; and 5. Maintain a file on the selection process of each candidate making application for employment. a. When the application process is completed the file is transferred to Town Hall for retention as required by law. E. Town Hall will keep on file the following: 1. Town Administrative Orders governing the selection process; 2. A record of the status and final disposition of applicants making application; 3. Applications and job announcements for walk-in and referral candidates. IX. BACKGROUND INVESTIGATION- NON - A. All candidates for non -sworn positions will be subject to a background investigation. B. The Support Services Commander will initiate and/or assign a member to conduct the background investigation. 1. All background investigations will be conducted by police personnel only and through the use of phone, mail, computer, and/or if possible, in person. C. The background investigation will verify the following: Page 1 of 2 LANTANA POLICE DEPARTMENT -Selection Process —Non -Sworn Members SOP # 13.02 1. Birth certificate or proof of U.S citizenship; 2. Social security card; 3. Diploma and/or transcripts certifying credits or degree, if required for the position; 4. Driver license check, if required for the position; 5. Criminal history check through FCIC, NCIC, and PALMS; Original issue: 9/1/200 Revised: NEW I.D. # 696 6. Fingerprint checks on state and national levels; 7. Past and present employment check; 8. Credit history report provided by applicant. VI. REFERENCE: • Town of Lantana Personnel Policies and Administrative Orders. Garrett J. Ward, Chief of Police Page 2 of 2 GULF STREAM POLICE DEPARTMENT -Training Function SOP # 14.01 TRAINING FUNCTION EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department encourages all members to improve personal skills, knowledge and abilities necessary to accomplish the mission of the department through education and training. In-service and career development training certified by the Criminal Justice Standards and Training Commission (CJSTC) enables sworn members to maintain their State certification. II. DEFINITIONS: A. In -Service Training - Training received by agency members to enhance skills, knowledge, and abilities. This may include roll call training and/or periodic retraining, ie. PLI, AED, CPR, driving and firearms. In-service training is designed to meet mandatory retraining as well as meeting the department's specific needs. B. Specialized Training - Training courses to enhance skills, knowledge, and abilities and may address supervisory, management, and/or executive development training, or it may include technical and job specific subjects (e.g., crime scene, death investigation, juvenile investigations, etc.). III. TRAINING STAFF FUNCTIONS: A. Coordinate and/or conduct departmental training activities to include in-service, specialized, and periodic refresher training. B. Coordinate department personnel attending training programs provided by other criminal justice agencies. 1. Coordinate other agencies' personnel attending training programs provided by the department. C. Make training programs available for sworn and non -sworn members which comply with FDLE or CJSTC training standards and department needs. 1. In-service training will cover mandatory retaining classes as required by CJSTC as well as keep personnel up-to-date with new laws and technological improvements and revisions in department policy, procedure, and regulations. 2. All sworn officers will at least annually qualify with their duty, off-duty, and/or back up weapons on an approved course conducted by the department's Range Master. 3. All sworn officers will at least bi- annually attend Use of Force training. D. The Chief of Police or designee will be charged with, but not limited to the following; as it pertains to the training function: 1. The review and evaluation of the member's job -task analysis will be considered in the development of the department training program(s), when necessary. 2. Will evaluate, update, and revise department training programs as needed. 3. Designate the instructors for courses. 4. Will assist in budget preparation so training needs are met. IV. NEWLY APPOINTED MEMBERS - A. All sworn members will successfully complete the appropriate minimum state certification program prior to assignment in any capacity in which the member is allowed to carry a firearm or make an arrest, except as part of a formal field training program. B. New members will receive training in, but not limited to; 1. An orientation to the agency's roles, purpose, goals, policies and procedures; 2. Working conditions and regulations; 3. Rights and responsibilities of the member. V. TRAINING CLASSES: A. All members are required to attend any training courses for which they have elected to enroll, or have been assigned to attend whether on or off duty time. 1 Members will arrive on time and have all 1 of 3 GULF STREAM POLICE DEPARTMENT -Training Function SOP # 14.01 materials, equipment, etc. required for participation in the training. 2. Members will be informed in advance what materials are needed. 3. Members are required to wear appropriate attire when attending training courses. B. To receive credit for the program, members must be present for 100% of the class time unless otherwise specked by the course of instruction. C. Members may be excused by the instructor when: 1. The member is sick or injured, which prohibits attendance or participation. 2. The member's presence in court is required. 3. An emergency situation develops requiring the member's immediate attention. 4. When the Chief of Police excuses the absence. D. Each member unable to attend the regularly scheduled training date will be rescheduled if possible, or will attend a make-up class, if necessary. E. All members must obtain a minimum passing score on all exams. F. Remedial training will be provided to officers who have not met minimum standards in any mandatory training course in any area of high liability in which certification or qualification is required by statute, ordinance, policy, or procedure. 1. Remedial training given will include, but is not limited to firearms, defensive tactics and driving skills. a. This remedial training will be accomplished at the next scheduled session available, but in no case will this training be delayed more than 30 days, if presented by the department. b. Certain areas of qualification and/or certification may not be under the control of the department, but are subject to the schedule of other agencies or entities. Remedial training will be provided within that entities schedule. c. Failure to attend remedial training for qualification or certification in areas of high liability will result in disciplinary action up to and including separation of employment. VI. TRAINING INSTRUCTORS: A. Instructors who teach high liability topics as identified by CJSTC must have a completed the CJSTC Instructors Technique course and possess an instructors certification for the specific course taught. B. An instructor who possesses certain skills, knowledge, abilities, expertise, experience, or training and/or a certificate in a specified area and does not have an Instructors Technique certificate may teach certain portions of in- service training, under the supervision of the Training Instructor, as the certified instructor for the topic. C. Instructors are required to submit a lesson plan to the Chief of Police for approval prior to teaching the class. 1. A lesson plan will contain the following provisions, at a minimum: a. A statement of student performance objectives; b. Training content; c. Appropriate instructional techniques; d. Lesson plan format; e. Approval process; and f. Identification of tests, if used. 2. The lesson plan will be kept on file by the Chief of Police, subject to Florida Records Retention Law. VII. EVALUATION AND RECOGNITION FOR Page 2 of 3 GULF STREAM POLICE DEPARTMENT -Training Function SOP # 14.01 COMPLETION: A. Each attendee may receive, when applicable, credit toward any mandatory retraining requirement upon successfully completing his or her training class. 1. Successful completion of certain courses may result in the attendee receiving a certificate of attendance or completion and/or certification in the class. VIII. TRAINING RECORDS: A. The Chief of Police or designee will maintain current training records in reference to the individual class the attendee participated in. The records will include: 1. Name of the instructor(s); 2. Course content (a lesson plan); 3. Names of participants; 4. The performance of the individual participants, if applicable; and 5. Other pertinent information relative to the training session. Original Issue: 07/01/07 B. The Chief of Police or designee will maintain a training file for each member in compliance with FDLE requirements: 1. Monitor mandatory retraining for each member to ensure current FDLE requirements are maintained. 2. Each sworn member is responsible for ensuring that he or she maintains his or her certification by achieving the minimum training level as set forth by F.D.L.E. C. Training records will be released through court order, subpoena, or applicable public record law. The Town Clerk is responsible for the external dissemination of department personnel and training records as applicable to the specific request received. IX. • SOP # 4.01 Use of Force. • SOP # 4.02 Weapons and Ammo. • SOP # 14.08 Field Training Program. • F.S.S. 943.135 Requirements for continued employment. • Public Records Law Garrett J. Ward, Chief of Police 3 of 3 GULF STREAM POLICE DEPARTMENT -Training Function SOP # 14.01 THIS PAGE NOT USED AT THIS TIME Appendix A I. An illustrative list of current sworn positions which require specialized training and courses needed for the position but not required prior to assuming the position: 2. Sergeant: a. Line Supervision Page 2 of 3 GULF STREAM POLICE DEPARTMENT -Training Function SOP # 14.01 Appendix C THIS PAGE NOT USED AT THIS TIME GULF STREAM POLICE DEPARTMENT TRAINING UNIT COURSE TITLE: DATE: BLOCK TITLE: HOURS: PREPARED BY: ID# LEAD INSTRUCTOR: ID# ASSISTANT INSTRUCTOR: ID# ASSISTANT INSTRUCTOR: ID# ASSISTANT INSTRUCTOR: ID# GOALS: 5 of 3 GULF STREAM POLICE DEPARTMENT -Training Function SOP # 14.01 PERFORMANCE OBJECTIVES: Upon the completion of this course of instruction the student will: INSTRUCTOR REFERENCES TRAINING AIDS: STUDENT REQUIREMENTS: STUDENT HANDOUTS: Reviewed and Approved by Date Page 2 of 3 GULF STREAM POLICE DEPARTMENT- Field Training Program SOP # 14.08 FIELD TRAINING PROGRAM EFFECTIVE: 07/01107 I. POLICY: All officers hired by the department will be required to complete an FTO program designed to acquaint them with the standard operating procedure, report system and philosophy of this department. A. Recruit - A police officer that has not completed the training process. B. Field Training Officer (FTO) - A police officer specifically selected and trained who is given the responsibility of guiding a recruit through a hands on training program. C. Field Training Supervisor (FTO - A police Lieutenant or sergeant who is assigned the responsibility of supervising and counseling the FTO's and recruits in the program. D. Field Training Commander—The Chief of Police will oversee the Field Training Program. The FTO Supervisor will meet with The Chief on a regular basis or as needed to keep the Chief informed of the program's progress. III. FTO PROGRAM RESPONSIBILITY: A. It is the responsibility of the Field Training Officer to identify and correct any problems the recruit exhibits during the field -training program. All observations of the actions of the recruit will be recorded on a Daily Observation Report (D.O.R.) by the FTO. B. The FTO will have regular contact with the FTO Supervisor. The FTO will keep the FTO Supervisor updated on the recruit's progress. C. It is the supervisor's responsibility to review daily the Daily Observation Reports and identify any specific problems that are being Experienced by either the recruit or the FTO and Will counsel accordingly. The DOR's will then be forwarded to the FTO Sergeant. D. The FTO Supervisor will have regular contact with the FTO Commander, keeping the FTO Commander updated on the progress of the recruits as well as the FTO's. E. The FTO Supervisor will: 1. Coordinate, supervise, and monitor the components of the FTO Program; 2. Counsel the FTO's and recruits; 3. Assure FTO's are assigned to zones conducive for training by consulting with the shift supervisor; and 5. Check the Daily Observation Reports in an effort to identify any problem areas with the program or participants. Action will be taken immediately to correct any identified problems. F. The FTO Supervisor will assign the recruits to the various shifts or FTO's to ensure the recruit receives experience in a variety of law enforcement duties. G. It is the FTO Supervisor's responsibility to establish any special training programs or schools deemed necessary to assist the recruit's advancement and to maintain all records relating to the recruit's training while the recruit is assigned to the FTO Program. H. The FTO Training Commander will assign the recruits to an FTO. I. The FTO will refrain from taking discretionary time off during a training phase since this could adversely affect the training process. J. If an FTO is sick or an emergency arises which requires the FTO to be absent from duty during training phase, the FTO Commander or designee may assign the recruit to another FTO. Page 1 of 3 GULF STREAM POLICE DEPARTMENT -Field Training Program SOP # 14.08 1. If the FTO is expected to be absent for two (2) days or less, the recruit may be assigned to another police officer for the training day(s). 2. If the FTO is expected to be absent for two (2) days or more, the recruit will be transferred to another FTO for the remainder of the training phase. IV. FTO PROGRAM: A. The basic FTO Program is a 4 -week training program covering subject matter based upon the assignments handled by Gulf Stream Police Officers and department directives. B. All entry-level officers must successfully complete the Gulf Stream Police Department Field Training Officer Program prior to assuming any independent law enforcement responsibility. C. All lateral transfer officers from other states must successfully complete State equivalency/comparative compliance training programs within a designated period specified by the Criminal Justice Standards and Training Commission (CJSTC). D. All officers who enter the FTO program are required to complete the current Field Training Guide, which is the outline for the training curriculum. V. FIELD TRAINING, SUPERVISION AND EVALUATION: A. Training will meet all standards as set forth by the Florida Department of Law Enforcement (FDLE) Criminal Justice Standards and Training Commission. B. The FTO Program requires daily D.O.R.'s be completed by the FTO's. The recruit is subject to written or other tests by the FTO at specific and random intervals of training to measure the officer's competency in required areas of skill, knowledge and ability. C. All FTO's will complete an approved FTO school. All FTO's will receive specialized training in evaluations. Page 2 of 3 D. If The recruit is transferred to a different FTO. The FTO will provide all appropriate evaluations and a summary of the recruit's progress to the next FTO in line to train the recruit. E. The primary role of the FTO is to determine the suitability of a recruit for law enforcement duties. The FTO will evaluate the recruit and shall recommend termination of a recruit if the recruit is no longer responding to training or if the recruit cannot safely perform his/her assigned duties. 1. If a personality conflict arises between the FTO and recruit, the FTO will notify the FTO Commander has the discretion to re- assign the recruit to another FTO. 2. If a personality conflict arises between the recruit and FTO, the recruit will notify the shift supervisor, who will attempt to resolve any conflicts. a. If the conflict cannot be resolved by the shift supervisor, he or she will refer the recruit to the FTO Commander, who has the discretion to re -assign the recruit to another FTO. VI. FTO SELECTION CRITERIA: A. Officers may apply at any time to be included on the list for FTO. The FTO Commander and FTO Sergeant will select Field Training Officers from the pool of candidates who applied for the position. The selection criteria is based on merit and includes, but is not limited to: 1. Skills, knowledge and abilities required for the specialized assignment; 2. Job performance; 3. Past experience; 4. Formal education; 5. Specialized training; 6. Attitude; and 7. Initiative. B. A police officer applying for FTO must have successfully completed his/her probationary period with the Town and have at least three (6) years full-time sworn law-enforcement experience. C. The Chief of Police is the final authority in selecting officers to be Field Training Officers. D. FTO's may be removed from the assignment GULF STREAM POLICE DEPARTMENT- Field Training Program SOP # 14.08 for unsatisfactory performance, disciplinary problems, or as deemed necessary by the Chief of Police or a designee. 1. An FTO can request to be removed from the assignment by notifying the Chief of Police by memorandum through the chain Original issue 07/01/07 VII. of command. SOP # 14.01 Training. Gulf Stream Field Training Manual Garrett J. Ward, Chief of Police Page 3 of 3 GULF STREAM POLICE DEPARTMENT -Promotions SOP # 15.02 PROMOTIONS EFFECTIVE: NOT USED AT THIS TIME EA POLICY: The Gulf Stream Police Department has established standards specifying conditions for the evaluation and selection of sworn candidates for promotion. The promotional process was designed to ensure fairness in the selection of sworn members for promotion and to advance the most qualified candidates. II. DEFINITIONS: A. Promotional Process —The administration of a series of examinations to determine relevant skills and abilities of candidates. B. Non -Discriminatory - A commitment and effort that the promotional process satisfies legal and administrative requirements designed to ensure that examinations reflect job content and have minimum adverse impact. III. ELIGIBILITY REQUIREMENTS AND POSITIONS FOR SWORN PERSONNEL: A. The ranks of Detective and Sergeant are available through the promotional process that is outlined in this procedure. All other positions are by special appointment through the Chief of Police. 1. POLICE DETECTIVE - No person will be admitted to an examination for the promotion to Police Detective until he or she has at least two (2) years experience as a full-time police officer and be a non - probationary member as of the closing date for the acceptance of applications. 2. POLICE SERGEANT- No person will be admitted to an examination for the promotion to Police Sergeant until he or she has at least three (3) years experience as a full-time police officer and be a non - probationary member as of the closing date for the acceptance of applications. IV. PROMOTIONAL ANNOUNCEMENT: A. The effected division commander or a designee will be assigned the responsibility and authority to supervise all facets of the promotional process. B. The effected division commander or a designee will conduct promotional examinations as deemed necessary and in compliance with Town Personnel Policies, department procedures and the applicable collective bargaining agreement. C. The examination will be designed to ensure that the content is equitable and nondiscriminatory. D. After the closing date of the announcement, eligible candidates will be given information pertaining to the examination. 1. Indicate dates, times and locations of all elements of the process, 2. Specify the selection process including grading system and 3. Specify how the test is to be administered. E. A list of study and reference material will be made available to candidates. F. The announcement(s) will be posted throughout the department and candidates will be instructed how to notify the agency of their desire to participate in the promotional process. V. PROMOTIONAL TESTING PROCESS: A. The promotional testing process for promotion will be administered by the effected division commander or designee in accordance to Town Personnel Policies, department procedures and applicable collective bargaining agreement. B. The effected division commander or designee is responsible for monitoring the examination process for job relatedness and to ensure the process is non-discriminatory. C. The effected division commander or designee is responsible for securing any examination material prior to the examination. Page 1 of 2 LANTANA POLICE DEPARTMENT -Promotions D. The effected division commander or designee Is responsible to proctor the testing procedures and selecting other individuals who will participate in the process as evaluators. 1. The effected division commander or designee is responsible to set time limits for each phase of the testing process and no candidate(s) will be allowed additional time past any set time limits. E. Once the testing process has been determined, any candidate who fails to arrive at an assigned time, for any portion of the testing process will be disqualified from that portion of the process. F. Once the candidate enters the testing area, the use of the telephone is prohibited. G. Once the testing process has begun, any candidate who needs to leave the testing area will be escorted by a proctor and will not be allowed to confer with another person, use any research method, or refer to any material provided for the testing process. H. Standard forms will be used for rating each candidate throughout the process. I. Each candidate will be provided his or her final aggregate test score of the promotional testing process. VI. USE OF PROMOTIONAL ELIGIBILITY LISTS: A. Promotional examinations will be administered as needed for the positions of Original issue:9/1/2001 Revised: 3/15/2003 I.D. # 696 Revision Dales: 6/15/2002, 3/15/2003 SOP # 15.01 Police Sergeant and Police Detective. B. An eligibility list may be established at the discretion of the Chief of Police for a period of two (2) years. C. All candidates must reapply each time a Promotional Opportunity announcement is published. VII. REVIEW AND APPEALS PROCEDURE: A. Any candidate who wishes to appeal any portion of the promotional process may do so. The appeal must be consistent with the Town of Lantana Personnel Policies. VIII. PROBATIONARY STATUS: A. All newly promoted employees will serve a probationary period of one (1) year. During this period the progress of the employee will be monitored and evaluated by his or her immediate supervisor. Unsatisfactory performance should be noted at the earliest possible moment and brought to the attention of the affected employee. B. All aspects of probation are pursuant to Town of Lantana Personnel Policies. Ia • Town of Lantana Personnel Policies • Current applicable collective bargaining agreements , Chief of Police Page 2 of 2 GULF STREAM POLICE DEPARTMENT -Performance Evaluations SOP # 16.01 PERFORMANCE EVALUATIONS EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department has established guidelines for assessing the performance of department members. Performance evaluation is the measurement of member's performance of assigned duties and responsibilities by established standards. II. PERFORMANCE EVALUATION SYSTEM: A. The objectives of the performance evaluation system are: 1. To allow supervisors to review how well members are carrying out their duties. 2. To help members recognize their own performance strengths and weaknesses. 3. To improve performance, increase understanding of the job duties and improve communication between members and supervision. 4. To provide an objective and fair means for measurement and recognition of individual performance. 5. To identify training needs. B. All sworn supervisory personnel will receive on the job training for the criteria used for the completion of performance evaluations. 1. Supervisors will rate members in a fair and impartial manner noting the member's strengths and areas of deficiency. 2. Supervisors will use the evaluation forms provided by the Town as a guide when preparing evaluations. C. The performance evaluation will: 1. Be based on the member's performance only during that rating period. 2. Be based on job-related factors speck to the position occupied during the period. 3. Be completed by the member's immediate supervisor(s) and/or contain input from all supervisory personnel directly familiar with the member's performance. 4. Be completed on an annual basis for non -probationary members and semi annually for probationary members. D. When evaluating members for each employee performance category, written comments are required. 1. When evaluating members, any outstanding or unsatisfactory performance will be substantiated in writing in the comments section of the category. E. The following evaluation schedule will be used so department personnel are aware of when performance evaluations are to be completed: 1. Sworn Probationary Member - The probationary period for new recruits is 18 months from the date the recruit is sworn in. During the Field Training Program, recruits will be evaluated daily by their Field Training Officers. Upon completion of the Field Training Program, the recruit will be evaluated on a semi annually basis. With the successful completion of the probationary period, the member is considered a non -probationary employee. 2. Non -Probationary Members - Those members who have received this status will be evaluated annually. 3. Promotion- The member will enter a six month probationary period in the new grade and position. At the end of this probationary period, the member will be evaluated and then annually thereafter. F. It may be used to provide information to supervisors concerning suitability for assignment, training needs, ability to assume more responsibilities, and effectiveness in an assigned position. G. Employee Performance Evaluations will be maintained in compliance with State Record Retention Schedules. Page 1 of 3 GULF STREAM POLICE DEPARTMENT -Performance Evaluations SOP # 16.01 III. MEASUREMENT DEFINITIONS: A. The following rating scale is used to measure member performance on the evaluation forms: B. The Officer being evaluated must obtain at Least average scores to pass probationary Status or receive merit raises. The average score to pass each item evaluated is (3) points. This requires that Officer must obtain an overall point sum of (222) or 60% In each dimension. Items rated below average shall have an explanation / comment entered by the rater on the back of each page. IV. DOCUMENTATION OF PERFORMANCE EVALUATIONS: A. At the beginning of each rating period a supervisor will: 1. Counsel the member on the tasks associated with the position; 2. Advise the member of the level of performance expected.; and 3. State the criteria used for rating on the evaluation. C. When a member's job performance falls Below acceptable standards of the job or deviates from policy or procedure, the supervisor will, as soon as practical and prior to the end of the rating period, advise the member in writing in order to provide an opportunity for the member to improve his or her performance. The written notification may be in memorandum form or may be verbal counseling documented in the member's file. C. When evaluating sworn members, supervisors will provide written comments on the evaluation form. D. Upon completion of the performance evaluation, the rater will conduct a meeting with the member to discuss the performance appraisal and goals and objectives for the upcoming period. Upon completion of the meeting, the member will sign and date the appraisal as will the rater. If the rater is the one conducting the appraisal meeting then they will sign as the reviewer. 1. Whoever conducts the appraisal meeting signs as the reviewer. E. The appraisal is then sent up the chain of command for review and signatures. V. REVIEW OF EVALUATION AND APPEAL PROCESS: A. If the member has a valid and reasonable protest to any of the ratings, the rating should be changed accordingly. 1. The member will sign the evaluation indicating he or she has reviewed it. 2. The member will have an opportunity to make written comments on the evaluation form. 3. The original will be placed in the member's personnel jacket on file with the Police Chief. Copies of the evaluation will be presented to the member, if requested B. The member's signature on the evaluation acknowledges receipt of the evaluation and not concurrence. Page 2 of 3 GULF STREAM POLICE DEPARTMENT -Performance Evaluations SOP # 16.01 VI. REFERENCE: Gulf Stream Police Department Police Officer evaluation score sheet / signature. Uriginal issue: 07/01/07 Garrett J. Ward, Chief of Police Page 3 of 3 GULF STREAM POLICE DEPARTMENT -Law Enforcement Response SOP # 17.01.1 LAW ENFORCEMENT RESPONSE EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department will provide the community with basic law enforcement services 24 hours a day. Citizens are able to contact this department at any time and receive immediate response to emergency situations. IL PATROL SCHEDULES AND COVERAGE: A. The Chief of Police is responsible for providing police services, protection, and response to emergency calls to the citizens of Gulf Stream on a 24 hour a day basis. B. The Chief of Police accomplishes this by utilizing a rotating shift schedule that provides round-the-clock patrol coverage for the Town of Gulf Stream III. LEVELS OF RESPONSE TO CALLS FOR SERVICE: A. CODE 1: (No emergency lights or siren) This is the most common level of response. When responding to a call of a non -emergency nature, officers will observe and obey all traffic regulations, laws, and departmental policies and procedures. Officers will obey all parking laws upon arrival. B. CODE 2: (Intermittent use of emergency lights and siren) a response to an urgent, apparently non -life-threatening situation. 1. Code 2 incidents generally require two units to respond. Code 2 incidents include, but are not limited to: a. Crimes in progress when there is no apparent threat of injury or death to anyone. b. Requests for back up. c. Alarm calls. d. Domestic and other disturbances without impending violence, injuries, or weapons involved. e. Prowler calls. f. Calls of people experiencing mental disorders. g. Traffic crashes involving possible or reportedly minor injuries. 2. Emergency lights and siren will be activated when necessary. a. Factors to consider include traffic, time of day, weather, type of incident, etc. b. Any officer proceeding through any controlled intersection Code 2 will slow or stop, if necessary for safe operation. The officer should proceed into the intersection only if it appears opposing traffic has recognized and yielded to the emergency vehicle. c. When proceeding Code 2 through a controlled intersection in opposition to the control device, the siren and emergency lights will be in operation continually through the intersection. d. Even when units have the right of way, units should slow as necessary to proceed safely. e. The officer responding should, upon arrival in the area, discontinue the use of the siren and emergency lights and proceed safely. f. Officers will observe and obey traffic regulations while responding Code 2. C. CODE 3: (Continuous use of emergency lights and siren) a response to an "in progress" emergency. 1. Code 3 responses include, but are not limited to the following: a. Traffic crashes that involve reported serious or possibly fatal injury, b. In progress crimes of violence, such as sexual battery, homicide, assault with a weapon, etc. c. Domestic and other disturbances with impending violence, injuries, or weapons involved. d. Officers requesting urgent assistance, Page 1 of 2 GULF STREAM POLICE DEPARTMENT -Law Enforcement Response SOP # 17.01.1 e. Shots fired (the decision will be IV. based on the area of occurrence, the number of calls, and any reported injuries, etc.) 2. Officers will respond as quickly and as safely as possible with emergency lights and siren activated continually until arrival at the assigned location. a. Officers may deactivate the emergency lights and siren while approaching any response scene where officer safety dictates. 3. Any officer proceeding through any controlled intersection Code 3 will slow or stop, if necessary for safe operation. The officer should proceed into the intersection only if it appears opposing traffic has recognized and yielded to the emergency vehicle. a. Even when units have the right of way, units should slow as necessary to proceed safely. b. When proceeding Code 3 through a controlled intersection in opposition to the control device, the siren and emergency lights will be in operation continually through the intersection. 4. An officer proceeding Code 3 may exceed the speed limit so long as the officer does not endanger life or property. a. An officer will operate the patrol vehicle in a safe speed considering traffic conditions, weather, pedestrian(s) and the surroundings when responding to emergency calls. D. The shift supervisor may at any time upgrade, downgrade or modify the response code to any call for service Original Issue: 07101/07 F.S.S. 316.126(3)- Any authorized emergency vehicle, when an route to meet an existing emergency, will warn all other vehicular traffic along the emergency route by an audible signal, siren exhaust whistle, or other adequate device, or by a visible signal by the use of blue or red lights. While an route to such an emergency, the emergency vehicle will otherwise proceed in a manner consistent with the law regulating vehicular traffic upon the highways of this state. • F.S.S. 316.126(5)- This section will not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. F.S.S. 316.072 (5)(a, b, c) Obedience to and effect of traffic Laws -Authorized Motor Vehicle • SOP # 22.04- Use of Authorized Emergency Equipment Garrett J. Ward, Chief of Police Page 2 of 2 GULF STREAM POLICE DEPARTMENT -Law Enforcement Response SOP # 17.01.1 NOT USED AT THIS TIME Page 1 of 2 GULF STREAM POLICE DEPARTMENT -Law Enforcement Vessel SOP # 17.02 LAW ENFORCEMENT VESSEL EFFECTIVE: not used at this time EA I. POLICY: The department has established guidelines for conducting law enforcement operations while assigned to vessels operated by the Lantana Marine Safety Unit. These vessels will be used to patrol the waterway areas of Lantana, enforce the marine statutes and ordinances or where such vessels can assist in delivering law enforcement service. II. LAW ENFROCEMENT VESSEL: A. The Lantana Marine Safety Unit will be the primary operator(s) of the vessel and the vessel will be used in special purpose patrol, rescue operations and to assist in enforcing marine statutes and ordinances. B. Assignment of officer(s) to vessel patrol will be approved by the shift supervisor and is limited to officers who have successfully completed a course of instruction on vessel operations. C. Emergency requests to utilize the vessel during off -hours will be made through the shift supervisor in conjunction with the Marine Safety Captain. D. The vessel may respond to any situation where the legitimate purposes of law enforcement can be enhanced through the use of a vessel. E. Qualifications and training: 1. An officer assigned to the vessel as an observer or operator must complete a Original Issue: 3/1/2005 course of instruction in vessel operations, special law enforcement training in regards to waterways, marine & vessels statutes and successfully pass a swim test. 2. The Marine Safety Captain or designee will be responsible for determining proficiency. F. The Marine Safety Unit is responsible for ensuring that all maintenance is completed on schedule and that the vessel is in operable condition. 1. Any officer who becomes aware of any mechanical problem or damage will report it immediately, in writing, to the Uniform Services Commander who will forward it to the Marine Safety Captain. G. The vessel will be equipped with the following: 1. All items necessary to comply with state law. 2. A first aid kit. H. Officer(s) while assigned to vessel patrol will be in an approved department uniform. 1. Officer(s) may wear the department issued ball cap. 2. Officer(s) retain the option to wear soft body armor while specifically assigned to the vessel. X. REFERENCE: • SOP # 17.09 Patrol Vehicle and Equipment. • SOP # 17.11 Soft Body Armor • SOP # 50.01 Uniforms Garrett J. Ward, Chief of Police Pont 1 of 1 GULF STREAM POLICE DEPARTMENT -Law Enforcement Special Purpose Vehicle SOP # 17.03 LAW ENFORCEMENT SPECIAL PURPOSE VEHICLE EFFECTIVE: 07101/07 I. POLICY: The department has established guidelines for conducting law enforcement operations while assigned to Special Purpose Vehicles. These vehicles will be used to patrol the areas of Gulf Stream, which are not normally accessible by road patrol vehicles, for enforcement or the statutes and ordinances or where such vehicles can assist in delivering law enforcement service. II. DEFINITION: A. Special Purpose Vehicles -a classification of all -terrain vehicles (ATV) and utility golf carts that are used in special purpose patrol functions. III. PROCEDURE: A. Routine and emergency requests to utilize the ATV will be made to the shift supervisor and will be used for law enforcement purposes. B. An officer assigned to utilize the ATV and/or Golf cart must be familiar with its operation and demonstrate proficiency. 1. The officer will be required to complete a department approved familiarization training and shall receive instruction or demonstrate a working knowledge of its operation, including a physical demonstration, prior to being assigned to operate the special purpose vehicle. 2. Documentation of training and proficiency testing will be maintained by the training coordinator and entered into the members training file. Original Issue: 07/01/07 a. Shift supervisors are responsible to verify special purpose vehicle training prior to assigning any member to operate the vehicle. C. The officer will conduct a utility vehicle checklist each day prior to assuming Special Vehicle operation. 1.The officer will complete checklist and report any necessary maintenance or adjustments that need to bring the vehicle back to safe operating condition to the shift supervisor. a. Supervisors or their designee is responsible for the maintenance of special purpose vehicle(s). III. EQUIPMENT: A. Special purpose Vehicles will be equipped with all the items necessary to comply with state law. B. Special purpose vehicles may also be equipped with the following: 1. Reflective markings identifying it as a police vehicle; 2. Emergency lighting' 3. Front and rear equipment racks; 4. Any additional equipment assigned by the shift supervisor that is necessary to carry out the law enforcement function. X. REFERENCE: SOP # 17.09 Patrol Vehicle and Equipment. SOP # 17.11 Soft Body Armor SOP # 50.01 Uniforms Garrett J. Ward, Chief of Police Page 1 of 1 GULF STREAM POLICE DEPARTMENT -Supervisor Notification SOP# 17.04 SUPERVISOR NOTIFICATION exists which would justify an immediate entry of the premise to determine the welfare of the EFFECTIVE: 07/01/07 occupants. The assistance of a shift supervisor should be requested as time and circumstances permit. I. POLICY: The department has established guidelines for when incidents of a serious nature arise that require the notification and/or presence of a supervisor. Officers will immediately notify a supervisor of any incident they deem to be of a serious nature. The supervisor will then decide if his or her presence is necessary based on the facts known at the time. II. INCIDENTS REQUIRING SUPERVISOR NOTIFICATION: A. Incidents with injury to an officer(s). B. Any incident requiring the use of outside agencies under "Mutual Aid Agreement". C. When an officer becomes exposed to blood or other potentially infectious materials or a police vehicle becomes contaminated with blood or other bodily fluids. D. When a prisoner is in need of medical treatment. E. When a person who claims to have diplomatic immunity or other privileges is encountered. F. Anytime a patrol officer must leave the town limits other then Police business. G. Upon initiation of a vehicle pursuit. H. All felony arrests. I. Hate crimes. J. When a sexual battery has occurred. K. In any discretionary situation where a question arises involving a decision to arrest or not arrest. L. When an officer is unsure whether a search warrant or written consent is necessary prior to entering a scene. M. When responding to a scene of domestic violence or other crime of violence and the officer is not permitted to see or speak to the victim. The officer must consider the totality of circumstances to determine if any emergency N. Prior to releasing an arrested person when, during the investigation of a crime, newly acquired evidence shows that probable cause no longer exists for the arrested person. O. When it is determined that a parental or criminal abduction has occurred. P. When conducting a missing person or runaway investigation, the officer learns that there are suspicious or unusual circumstances involved and/or foul play is suspected. Q. When extenuating circumstances become known that prevent an officer from filing a case with the Office of the State Attorney within ten (10) days. R. When a vehicle impounded as evidence must be towed to a designated site or the police station for processing. S. When there is an incident and there is media person(s) on the scene. T. When there is an incident requiring the closure or detour of traffic which effects a portion of the town. III. INCIDENTS REQUIRING A SUPERVISOR'S RESPONSE: A. Officer(s) involved in a shooting, incidents of resisting arrest, battery on a police officer, and all use of force incidents. B. Disasters (bombings/bomb threats, hazardous material related incidents, etc.). C. Hostage or barricaded subject situations D. Prisoner escapes. E. Whenever an officer discharges any firearm, on or off-duty within the town limits, other than for training or recreational purposes. This includes accidental or unintentional discharges. F. Arrest of police employees or public officials from this or other jurisdictions. G. Any major crime (homicide, sexual battery, Page 1 of 2 GULF STREAM POLICE DEPARTMENT -Supervisor Notification SOP# 17.04 burglary or theft with a large loss of property, civil disturbance, etc.). H. Reports of misconduct of a Gulf Stream Police Officer(s). I. Officer(s) involved in a traffic crash. J. Motor vehicle pursuits. K. Lost or missing children, suicide, or suspicious death. L. When the victim of a sexual battery is unwilling to cooperate with the investigation prior to the arrival of the investigator, a supervisor must respond and have the victim complete the "Non -Prosecution" form. M. Upon notification by an investigating officer that a law enforcement officer is a suspect in or other crime of violence. an incident of domestic battery, sexual assault Original issue: 07/01/07 IV. REFERENCE: • SOP # 2.03 Arrest Procedures. • SOP # 4.01 Use of Force. • SOP # 4.04 Use of ASR/OC. • SOP # 17.07 Vehicle Pursuits. • SOP # 18.04 Search Warrants. • SOP # 18.05 Sexual Battery Investigations. • SOP # 18.14 Domestic Violence. • SOP # 18.19 Notification of Next of Kin. • SOP # 18.21 Hate Crimes. • SOP # 18.24 Missing Persons. • SOP # 22.01 Traffic Warnings, Citations, and Arrests. • SOP # 22.02 Vehicle Impoundment. • SOP # 27.01 Internal Affairs Function. • SOP # 29.01 Arrestee Transportation. • SOP # 30.01 Prisoner Processing/Temporary Holding Facility. • SOP # 37.01 Infectious Diseases Garrett J. Ward, Chief of Police Page 2 of 2 GULF STREAM POLICE DEPARTMENT -Vehicle Pursuits SOP # 17.07 VEHICLE PURSUITS EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department Has established guidelines for the pursuit of vehicles and specifies when an officer and/or supervisor should initiate or terminate a vehicle pursuit and the responsibilities of the initiating officer, the supervisor, and any other involved police vehicles. II. DEFINITION: A. Pursuit - An active attempt by an officer, in an authorized emergency vehicle, to apprehend the occupant(s) of a motor vehicle while the driver is attempting to avoid apprehension by using high speed driving, other evasive maneuvers or fails to stop upon activation of emergency lights and sirens. B. Violent (SERIOUS) felony - A violent felony is defined as the commission or the attempted commission of murder, armed robbery, strong- arm robbery, sexual battery, arson or the use of explosive devices to a structure presumed to be occupied, kidnapping, armed burglary, or any other felony which involves the use of deadly force against an individual. C.Primary Pursuit Unit: Generally the police unit that initiates the pursuit but is in all cases the unit closest in proximity to the fleeing vehicle. D. Support Unit (Back-up Unit): The second police unit, which trails the primary pursuit unit at a safe distance and which is immediately available to assume the primary role or to assist the primary unit in the event the fleeing vehicle is stopped. III. DECISION TO PURSUE: A. General Guidelines: 1. A police officer has the authority to stop any person reasonably suspected of having committed any criminal offense or traffic violation. It is clear that while it is the officer who initiates the stop, it is the violator who initiates the pursuit. The officer's decision to pursue must always be made with an awareness of the degree of risk to which the officer exposes himself or herself and others. The officer must weigh the need for immediate apprehension against the risk created by the pursuit. B. Authorization to Pursue: 1. A police officer may pursue only: a. When the officer has probable cause to believe that the violator has committed a violent felony, or b. When a police officer reasonably believes that the violator poses an immediate threat to the safety of the public or other police officers. 2. Pursuit for traffic violations is not authorized under the above criteria unless the violator's vehicle is being operated so as to pose a serious, immediate threat to the safety of another person (is DUI). C. In the event that one of the authorization requirements is satisfied, a pursuit should not automatically be undertaken. An officer must still consider the following factors: 1. The likelihood of successful apprehension. 2. Whether the identity of the violator is known to the point where later apprehension is possible. 3. The degree of risk created by the pursuit considering such factors as: a. Volume, type, speed and direction of vehicular traffic. b. Nature of the area: residential, commercial, school zone, open highways, etc. c. Population density and volume of pedestrian traffic. d. Environmental factors such as weather and darkness. e. Road conditions: construction, poor repairs, extreme curves, wet roads, etc. 4. Police Officer Characteristics: a. Driving skills, b. Familiarity with roads, and Page 1 of 5 GULF STREAM POLICE DEPARTMENT -Vehicle Pursuits SOP # 17.07 c. Condition of the police vehicle. D. All other pursuits are prohibited. IV. NOTIFICATION OF PURSUIT: A. Initiating Officer Responsibility: 1. When an officer initiates a pursuit, he or she will immediately activate all emergency equipment, make radio contact with the dispatcher and the shift supervisor, and communicate the following information: a. Unit identification (call sign) in pursuit; b. Exact location, speed and direction of travel; c. Pursued vehicle description - year; make, model, color and tag number if known; d. Reason for pursuing (offense); and e. Number of occupants in the pursued vehicle with the race, gender and age, if possible. 2. Radio contact must be maintained to provide continuous updated information to the dispatcher and other involved units as to the location and direction of travel of the pursued vehicle. V. DISPATCHER'S RESPONSIBILITY: A. Delray Police Department dispatch to follow their dispatch pursuit guidelines. VI. SECONDARY UNIT'S RESPONSIBILITY: A. The second car joining in the pursuit will immediately notify dispatch that there are two (2) police vehicles in pursuit. The second unit may assume radio responsibilities, allowing the primary unit to concentrate on driving. The second unit will assist at the end of the pursuit. Dispatch will broadcast that two (2) units are in pursuit and identify those units. All other units should remain on patrol, but stay alert to the direction of travel in case help is needed. Active Pursuit Units- The primary and second car joining in the pursuit (the support unit) will be the only two police vehicles actively involved in the pursuit unless the shift supervisor controlling the operation specifically requests more assistance. The request for more assistance will be determined by; 1. The nature of the offense; 2. The number of suspects; and 3. Other clear and articulated facts that would warrant the additional units. VII. SUPERVISOR RESPONSIBILITIES: A. The shift supervisor will assume overall command and control throughout the pursuit and must ensure: 1. Authorized reason for the pursuit, 2. That the authorized number of units are in pursuit and determine if more or less units are necessary, 3. Affected agencies are being notified. B. The shift supervisor may terminate the pursuit if, in the supervisor's opinion, a serious hazard is present to the public and/or pursuing officers. C. The shift supervisor will respond immediately to the location where the pursuit ends and assume command at the scene. 1. If the pursuit leaves the Town of Gulf Stream, the supervisor will respond to the scene, if practical. a. If the shift supervisor determines that response to the scene is impractical, the shift supervisor will contact the supervisory officer of the jurisdiction where the pursuit terminates and check on Gulf Stream Police unit's status involved in the pursuit. b. The shift supervisor will be responsible to obtain any reports or documents from other jurisdictions where Gulf Stream Police units are involved in a pursuit. Page 2 of 5 GULF STREAM POLICE DEPARTMENT -Vehicle Pursuits SOP # 17.07 VIII. VEHICLE PURSUIT REVIEW: A. The shift supervisor will critique the pursuit and forward it to through the chain of command to the Chief of Police . B. The Chief of Police or designee will review all critiques to determine subject matter for training, equipment, tactics and procedure. Vehicle pursuits must be reviewed for compliance with Department Policy and Standard Operating Procedures. IX. UNMARKED VEHICLES: A. An unmarked police vehicle will not initiate a vehicular pursuit unless it is equipped with an emergency light and audible warning device. The unmarked car will relinquish primary unit status immediately upon the participation of a marked vehicle. X. TACTICS WHILE IN PURSUIT: A. No units, which are not assigned, whether uniformed, investigative or administrative, will enter into the pursuit unless specifically directed to do so by the shift supervisor. B. Available back-up units will remain in their assigned areas until otherwise directed by the shift supervisor. C. Only vehicles equipped with operable emergency lights and sirens will participate in the pursuit. D. Officers will not initiate or engage in a pursuit while transporting non -departmental passengers (i.e., prisoners, witnesses, victims, civilian observers, etc.). E. The presence of an assisting agency air unit may negate the need for the continuance of a pursuit and allow ground units to proceed at a reduced rate of speed to assist in the apprehension. F. Units will use extreme caution when engaging in pursuits on roadways in populated areas (i.e., apartment complexes, schools, parks, shopping areas etc.). G. Units will not follow a suspect vehicle the wrong way on a limited access roadway, i.e., 95. Officers will notify dispatch who will notify units and other jurisdictions of the vehicle's last location and direction of travel. H. Officers will use extreme caution when following a vehicle the wrong way on a one-way street. XI. TERMINATION OF PURSUIT: A. The officer will terminate a pursuit when: 1. Directed to do so by a supervisor, or 2. There is a clear and unreasonable danger to the officer or the public or when the pursuit requires that the vehicle be driven at excessive speeds or in any other manner which exceeds the performance capabilities of the pursuing vehicles or police officers involved in the pursuit, or 3. The officer believes that the danger to pursuing officers or the public outweighs the necessity for the immediate apprehension of the violator, or 4. The violator's identity is established to the point where later apprehension may be accomplished and where there is no immediate threat to the safety of the public or police officers, or 5. The pursued vehicle's location is no longer known or the distance between the pursuing vehicles and the violator's vehicle becomes so great that further pursuit is futile, or 6. There is a person injured during the pursuit and there are no police or medical personnel able to render assistance, or 7. Advised of any unanticipated condition, event or circumstance which substantially increases the risk to public safety inherent in the pursuit, or B. Loss of radio contact with Delray dispatch or loss of contact with assisting agencies police patrol units, or 9. Other extenuating circumstances exist. B. If the officer(s) receives a communication from a supervisor to terminate the pursuit, he or Page 3 of 5 GULF STREAM POLICE DEPARTMENT -Vehicle Pursuits SOP # 17.07 she will do so immediately and report to the dispatcher and supervisor the last known vehicle location and direction of travel of the pursued vehicle. C. Strong consideration should be given to terminating a pursuit when: 1. The pursuit enters a densely populated area and a hazard to the general public exists, and/or 2. Visibility and/or road conditions limit the probability of a safe and successful end to the pursuit. D. An officer engaged in a pursuit may terminate the pursuit at anytime they deem fit without fear of reprisal. E. The officer initiating the pursuit will, prior to the end of his or her shift, submit a report documenting the circumstances of the pursuit to his or her shift supervisor. Other officers involved in the pursuit may be required to complete a supplemental report detailing their involvement at the discretion of the shift supervisor. XII. FORCIBLE STOPPING OF VEHICLES: A. Boxing in or heading off a violator's vehicle is permitted only in extraordinary circumstances. These tactics substantially increase the risk inherent in the pursuit and will only be employed: 1. In response to an imminent threat to the safety of the public or a police officer; or 2. With the approval of the shift supervisor. B. Roadblocks must only be employed as a last resort in circumstances where lethal force would otherwise be justified. 1. The use of a roadblock must be authorized by the shift supervisor. 2. At no time will a roadblock be established until all pursuing police vehicles are made aware of the roadblock, its location and the police vehicles have acknowledged this awareness. 3. Once a roadblock has been established and a vehicle or barricade has been positioned in the roadway, there will be: a. Adequate distance to see the roadblock, b. An avenue of escape, and/or c. No one in the blocking vehicle(s). C. Officers involved in a pursuit will not fire any weapon at or from a moving vehicle nor engage in any vehicle contact action except as a last resort to prevent imminent death or serious injury to the officer or another person and where lethal force would otherwise be justified. XIII. INTER -JURISDICTIONAL PURSUITS: A. When a pursuit is started by another jurisdiction, Gulf Stream Police units will not assist unless assistance is specifically requested and the pursuit falls under the guidelines of the Gulf Stream Police Department Vehicle Pursuit Policy. 1. Notification by another agency of a pursuit in progress will not be considered as a request to join in the pursuit. 2. If assistance is required by another agency, the pursuit will be limited to a total of two (2) Gulf Stream police vehicles, regardless of the number of agencies involved during the course of the pursuit. 3. Unless officer safety or a specific request from the originating agency indicates otherwise Gulf Stream police officers will terminate their participation when the pursuit leaves the Town of Gulf Stream. B. When a Gulf Stream Police Officer's pursuit enters another agency's jurisdiction; the officer will consider his or her safety, the public's safety, distance traveled and unfamiliarity with the area, to determine if the pursuit should be continued. 1. If the pursuit continues, the dispatcher will notify the other agency that the pursuit is entering their jurisdiction and the reason for the pursuit. 2. If the initiating officer requests assistance from the other agency, the dispatcher will notify the other agency of the request and all other information pertinent to the pursuit. 3. The initiating officer will remain as the Page 4 of 5 GULF STREAM POLICE DEPARTMENT -Vehicle Pursuits primary pursuit vehicle throughout the pursuit. 4. Only one unit (other than the initiating officer and a supervisor) will continue with the pursuit to relay information between the Gulf Stream dispatcher, the other agency, and the primary pursuit vehicle(s). XIV. AERIAL ASSISTANCE: XVI. A. Aerial assistance from assisting agencies(s) may be utilized if available, keeping in mind the strict adherence to the definition of a pursuit and the offense committed. B. When an aircraft unit advises that they have visual contact with the vehicle pursued, the surface units will reduce their speed to that which is reasonable and prudent, thereafter converging on the suspect vehicle as the aircraft relays directions. SOP # 4.01 Use of Force. SOP # 22.04 Use of Authorized Emergency Equipment. SOP # 22.07 Police Escorts and Roadblocks. Original issue: 07/01/07 Garrett J. Ward, Chief Of Police Page 5 of 5 7.07 GULF STREAM POLICE DEPARTMENT -Vehicle Pursuits Appendix A NOT USED AT THIS TIME SOP # 17.07 Page 6 of 5 GULF STREAM POLICE DEPARTMENT -Vehicle Pursuits SOP # 17.07 Page 7 of 5 GULF STREAM POLICE DEPARTMENT -Vehicle Pursuits SOP # 17.07 Page 8 of 5 GULF STREAM POLICE DEPARTMENT -Tire Deflating Devices SOP # 17.08 TIRE DEFLATING DEVICES EFFECTIVE: not used at this time EA I. POLICY: The department has established guidelines for the use and deployment of a Tire Deflating Devices to stop a vehicle involved in a pursuit situation. The Tire Deflating Devices is designed to deflate a vehicle's tires at a controlled rate resulting in a reasonably safe and effective immobilization of the pursued vehicle. A. Tire Deflating Devices: A tire deflation device used in stopping vehicles involved in pursuits with law enforcement officers. The Tire Deflating Devices is designed to stop a vehicle by deflating its tires at a controlled rate, resulting in a reasonably safe and effective immobilization of the vehicle. B. Pursuit - An active attempt by an officer, in an authorized emergency vehicle, to apprehend the occupant(s) of a motor vehicle while the driver is attempting to avoid apprehension by using high speed driving, other evasive maneuvers or fails to stop upon activation of emergency lights and sirens. III. PROCEDURES: A. Utilization of the Tire Deflating Devices: 1. The Tire Deflating Devices may be used in vehicle pursuit situations where there is a potential for injury to any person. The following guidelines will be followed before utilizing the system at any time: a. The shift supervisor will make a decision, based on all the circumstances involved in each situation, whether to terminate the pursuit or to utilize the Tire Deflating Devices. 2. The Tire Deflating Devices may be used when the following circumstances are present: a. An officer from this department initiates a traffic stop using emergency lights and siren however, the vehicle operator refuses to stop and instead continues to drive, at various speeds, causing the officer to initiate a pursuit. b. When a law enforcement officer of another agency is involved in a vehicle pursuit which has entered the Town of Gulf Stream jurisdiction and the pursuing agency is requesting assistance. c. To assist another agency outside the Town of Gulf Stream limits, but only upon request of the agency. In this type of situation an officer from this agency will deploy the device for the requesting agency and will deploy the device in accordance with guidelines of this policy. Under no circumstances will an officer of this agency loan the Tire Deflating Devices to another agency. 3. The Tire Deflating Devices shall not be used in stopping the following vehicle types: a. Motorcycle b. Moped c. Any other two wheeled vehicle d. Vehicles (cycles) commonly referred to as three wheelers or four wheelers 4. The Tire Deflating Devices will not be used in stopping the following vehicles: (except under circumstances where if not used the threat to public safety is likely to be greater.) a. Any vehicle transporting hazardous materials b. Any passenger bus transporting passengers c. Any school bus transporting students d. Any vehicle that would pose an unusual hazard to innocent persons B. Training Requirements: 1. Before using the Tire Deflating Devices in an actual vehicle stop, members must complete a training class, taught by a certified law enforcement instructor, which includes the following criteria: a. Description and operation of the system. Page 1 of 3 GULF STREAM POLICE DEPARTMENT -Tire Deflating Devices SOP # 17.08 b. Safety precautions in handling or deploying the system. c. Methods and proper procedures of deployment. d. Methods and proper procedures of recovery after using the system. e. Proper procedures involved in spike replacement. f. Proper storage of the System. 2. The Chief of Police or designee will be trained to inspect the tire deflating system and accomplish any repair that might be needed. The tire deflating system will be inspected after each use to assure that: a. The device is stored properly b. There are no missing or loose screws, (if so, tighten or replace). c. The spikes have been properly replaced. d. The device is operational and ready for use. C. Deployment: 1. The Tire Deflating Devices will be deployed in a manner as recommended by the manufacturer and in accordance with departmental policy, procedure and training. 2. The tire deflating system will be carried in the trunk of patrol vehicles. 3. When a decision has been made to utilize the tire deflating system, the shift supervisor will coordinate and direct the officer(s) in possession of the tire deflating system to a location for deployment. 4. The officer will notify dispatch and the pursuing officer(s) when he/she has arrived at the deployment location and is in position to deploy the device. 5. A deployment location should provide a good line of sight to enable the deploying officer to observe the suspect vehicle and the pursuing police unit(s) as the vehicles approach. Deployment should not take place within a curve, on a hill or any other Page 2 of 3 area where the deploying officer cannot observe the approaching vehicles. If at all possible, a level section of the roadway that provides the deploying officer some type of safety barrier, such as guardrails, abutments, bridges, overpasses, etc. should be selected as a favorable location for deployment. 6. The deploying officer will maintain communications with the officer(s) in pursuit and deploy the tire deflating system in accordance with the manufacturer's recommendation. a. When the deploying officer is certain that no other passing motorists will travel over the device prior to the arrival of the suspect vehicle, deployment can be accomplished by throwing, pushing or by use of the rope. The rope, however, requires that the deploying officer cross the lanes of traffic. Note: In any deployment situation, DO NOT hold the rope as the suspect vehicle passes. b. At any time prior to suspect vehicle arrival if the Tire Deflating Devices is equipped with remote controlled retractable spikes. 7. The officer deploying the tire deflating system will notify the pursuing officer(s) when the device has been deployed. 8. The pursuing officer(s), upon approaching the deployment location, will allow enough distance between the police vehicle and the suspect vehicle that the deploying officer can remove (recover) the tire deflating system from the roadway after the suspect vehicle has engaged the device and before engagement is possible by the police vehicle. (Note: This will require that pursuing officer(s) drastically decrease the speed of their vehicle upon approach of the deployment location; however continue to pursue at a decreased speed with emergency lights and siren in use.) 9. Deployment of the Tire Deflating Devices will not be attempted unless there is sufficient time to complete the task in a safe, organized and efficient manner. GULF STREAM POLICE DEPARTMENT -Tire Deflating Devices SOP # 17.08 10. On each occasion that the tire deflating system is deployed and recovered from the roadway, it will be necessary to prepare it for use before it is deployed again. D. Recovery/Storage: 1. Each officer will be trained how to properly recover the Tire Deflating Devices as quickly and efficiently as possible. After the device is removed from the roadway, the officer will make sure that: a. Other traffic on the roadway is either stopped briefly or detoured around the scene of deployment until the area has been searched for spikes or other debris which might be present. b. Any rocks, grass or other debris which might be attached to the device is removed. c. Any visual signs of damage to the device is noted, (listed on the report). d. The spikes are replaced on the device. Original Issue: 5/1/06 IV. e. Any loose screws are tightened and any missing screws are replaced. f. The device is properly packaged in its case, (unless damage prohibits this), and stored in an assigned patrol vehicle. E. Reporting/Administrative Requirements: 1. Any time the Tire Deflating Devices is deployed, other than in training, the shift supervisor will complete a Supervisor's Vehicle Pursuit Form, which will include how the pursuit began, the route of the pursuit, actions of the fleeing vehicle and why a decision was made to deploy the Tire Deflating Devices. 2. The Supervisor's Vehicle Pursuit Form will be forwarded to the Uniform Services Commander for staff review. • SOP 17.07 Vehicle Pursuits Garrett J. Ward, Chief of Police Page 3 of 3 GULF STREAM POLICE DEPARTMENT -Safety Belts SOP # 17.10 USE OF SAFETY BELTS/RESTRAINING DEVICES EFFECTIVE: 07/01/07 I. POLICY: The department requires the use of seat belts and/or restraining devices in police vehicles. In circumstances in which the use of seat belts and/or restraining devices may hamper officer safety or efficient performance of law enforcement functions, supervisory exemptions will be granted. It. SEAT BELTS USE AND RESPONSIBILITY: A. All department members occupying a town owned vehicle will use safety belts/ restraining devices unless specifically exempted. B. Seat belt usage is mandatory for citizens who are passengers in department owned vehicles. III. PROCEDURES FOR SEAT BELT USE: A. When the use of seat belts would have an adverse effect on officer safety or interfere with tactical or other functions, an exception to this procedure may be granted by a supervisor. Original issue: 07/01/07 B. Exceptions to the wearing of seat belts may be granted depending upon each individual situation and not for an extended period of time. Written documentation from a physician will be submitted to the Chief of Police for medical reasons the member is unable to use the safety belt system. C. No person will operate a department vehicle in which the driver's seat belt is inoperable. No person will be transported in the front passenger seat if that seatbelt is inoperable. D. Arrestees will be secured in a transport vehicle with seat belts unless he or she is violent, poses a threat to officer safety, or other exigent circumstances exist. E. There are circumstances in which the use of safety belts may hamper the efficiency of a police function, where complete freedom of movement is necessary. In these situations, the efficiency of the operation outweighs the safety benefits. lur • SOP # 29.01 Arrestee Transportation. • FSS 316.614 Safety Belt Usage. Garrett J. Ward, Chief of Police Page 1 of 1 GULF STREAM POLICE DEPARTMENT -Soft Body Armor SOP # 17.11 SOFT BODY ARMOR EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department issues all police officers engaging in uniform patrol body armor. Officers assigned to administrative or investigative positions will maintain and have body armor available for use at designated work areas. II. PROCEDURE: A. Issuance of Soft Body Armor or Bullet Resistant Vests. 1. All sworn officers will be issued armor. 2. Sworn members will wear body armor while on duty, special details and assignments that require the wearing of a uniform unless otherwise specified by the Chief of Police. 3. Sworn members assigned to administrative duties or investigations will retain the option of not wearing body armor. 4. Uniformed Officers making a court appearance during off duty time will have the option of not wearing body armor. 5. Body armor will be worn by an officer at the Revised: 1-2-11 request of a supervisor when the supervisor feels the circumstances dictate wearing body armor. a. Supervisors will require members to wear body armor/protective vests during any high-risk situation i.e. search warrants, high-risk arrest warrants, barricaded subjects. B. Care and Maintenance: 1. All officers issued body armor will be responsible for the care and maintenance of that armor. 2. If the body armor is damaged, it will be reported immediately to the supervisor. a. The supervisor will notify the chief of Police by memo. The Chief of Police will issue a requisition order so the officer can obtain the necessary components of the vest. III. REFERENCE: • SOP# 50.01 Uniforms Garrett J. Ward, Chief of Police Page 1 of 1 GULF STREAM POLICE DEPARTMENT -Police Bicycle Patrol Function SOP # 17.14 POLICE BICYCLE PATROL FUNCTION EFFECTIVE: 07/01/07 I. POLICY: The purpose of this procedure is to establish the bicycle patrol function, and to designate equipment and authorized uniform. II. BICYCLE PROCEDURE: A. Use of bicycle patrol will augment the basic patrol function. B. Bike patrol will be assigned to specialized assignment functions where appropriate. Deployment for such special use will be under the control of the supervisor of the specialized function. III. EQUIPMENT, UNIFORM AND TRAINING: A. Equipment - Bicycle is a multi -speed mountain bike clearly marked "Police". It is equipped with the following accessories: 1. equipment trunk and rack; 2. front, rear and wheel reflectors; 3. water bottle and holder; 4. lighting system; 5. heavy duty tubes and tires; 6. front and rear brakes; 7. Horn or other audible device; B. Optional accessories - Officers assigned to bike patrol may choose to equip their bikes with additional items for comfort, which must be approved by the Chief of Police prior to their installation and use. No optional equipment can be used that will hinder the operation or identification of the bike. C. Uniforms - Officers using the bike for patrol duties will wear the regulation uniform. This will consist of: 1. Issued helmet or personally owned white "Snell" approved helmet; 2. Blue uniform shirt with badge and nametag; 3. Leather duty belt with sidearm, spare magazine, radio, handcuffs, baton and any other department approved equipment; 4. Soft body armor is optional. 5. Department issued uniform patrol pants; 6. Department issued jacket when necessary; 7. Black or Navy socks 8. Department approved black shoes; and 9. Protective eyewear (sunglasses or clear lens). D. Training - Prior to using the bicycle for patrol duty, officers will attend an approved course for Police Bicycle Operation. Training will cover topics such as: 1. Safe use and operation of the bicycle, 2. Traffic laws and protocol, and 3. Emergency and tactical skills. E. Night Riding — Officers are authorized to patrol at night. 1. All night safety equipment, such as lights and reflectors, will be used unless the use would hinder a law enforcement function. 2. When using the roadways, all traffic regulations will be obeyed unless exigent conditions are present. 3. Dispatch will be notified of exact location when conducting investigations, F.I.R,'s etc. F. A list of persons authorized to operate the bicycles will be maintained by the Chief of Police. IV. SECURITY: A. To prevent theft, bikes left unattended in Page 1 of 2 GULF STREAM POLICE DEPARTMENT -Police Bicycle Patrol Function SOP # 17.14 non -exigent circumstances will be secured with a lock. V. MAINTENANCE AND REPAIR: A. All basic repairs and maintenance to the bikes will be performed by the officer(s) assigned to bicycle patrol. B. When major repairs are needed, the Chief of Original issue: 07/01/07 VI. Police will be notified by memo so the bike may be fixed by the approved repair company. SOP # 50.01 Uniform and Plain Clothes Attire, Equipment and Appearance for Police. Garrett J. Ward, Chief of Police Page 2 of 2 GULF STREAM POLICE DEPARTMENT -In Car Video Recording System SOP # 17-15 IN CAR VIDEO RECORDING SYSTEM EFFECTIVE: 07/01/07 ACCREDITATION STANDARDS: NIA I. POLICY: The department has established guidelines for the use of mobile video and audio recording equipment in the police patrol units. The Mobile Video/Audio Recording (MVR) equipment has been demonstrated to be of value in the prosecution of traffic violations and related offenses, document anything that may be of evidentiary value and in evaluation of officer performance as well as in training. II. PROCEDURE: A. The department has adopted the use of the In -car video/audio recording systems in order to accomplish several objectives, including: 1. Accurate documentation of events, actions, conditions and statements made during arrests and citizen encounters, collection of evidence and to aid testimony in court; and 2. Enhance the department's ability to review probable cause for arrest, procedures, officer and suspect interaction, gather evidence for investigative purposes and for officer evaluation and training. B. Officer(s) will adhere to the following procedure when utilizing the MVR equipment. 1. MVR equipment installed in vehicles will be maintained according to manufacturer's recommendations. 2. Prior to each shift, officer(s) will verify that the patrol vehicle assigned MVR equipment: a. Is working satisfactorily with the correct date/time and sufficient video recording Video time available; b. Will automatically activate when the vehicle's emergency warning equipment is in operation; c. The remote microphone is operating; d. Any problems will be brought to the attention of a supervisor. 3. Where possible, officers will verify that MVR equipment is properly operating prior to traffic stops or other enforcement actions and that: a. The video recorder camera is positioned and adjusted to record events. b. The MVR is not deactivated until the enforcement action is completed. c. The wireless microphone is activated in order to provide narration of the event or enforcement action. d. Officers should also use their MVR equipment to record the following: 1) The actions of suspects during interviews, when undergoing sobriety checks or when placed in custody. 2) The circumstances at crime and accident scenes or other events such as the confiscation and documentation of evidence or contraband. 3) Any scene where it may be beneficial to the department, officer or citizen to document activity. 4. Officers will advise individuals that they are being recorded during the initial contact. 5.The equipment may be manually deactivated during non -enforcement activities such as when protecting an accident scene from other vehicular traffic. C. i.Officers will not erase, record over or alter any Video data that is assigned to a patrol vehicle. 2. Only the Chief or designee may erase any data. D. Officers will periodically review the video Video data assigned to the patrol vehicle and when the MVR indicates one (1) hour or less of recording time left, the officer will immediately notify a supervisor to arrange replacement of the MVR data. E. Officers are encouraged to inform their Page 1 of 2 GULF STREAM POLICE DEPARTMENT -In Car Video Recording System SOP # 17-15 supervisor of any recorded sequences that may be of interest for training purposes. F. Officers will note in the offense report when video/audio data recordings were made during an incident. III. SUPERVISORY RESPONSIBILITY: A. The shift supervisor will verify that the officer(s) operating the MVR equipment: 1.Follow established procedures for the use and maintenance of MVR equipment, handling of video/audio data and completion of MVR documentation. 2. Randomly review MVR data to assist in periodic assessment of officer performance, and to determine if the MVR equipment is being used properly. 3. Report any problems, damaged equipment, etc to the Chief of Police. Original issue: 07/01/07 Revised: 7/09/14 IV: USE AND STORAGE OF VIDEO DATA: A. Data that is evidence will be subject to the same security restrictions and chain of evidence safeguards as detailed in the department's property and evidence procedure. 1. Member's will treat data containing any felony arrests, assaults, batteries, pursuits, DUI, personal injury or felonious conduct as evidence. 2. Data that is evidence should be immediately downloaded to disc and turned into evidence. D. The data will not be released to another criminal justice agencies for trial or other reasons without having a duplicate disc made and returned to safe storage. E. 1. The shift supervisor is responsible to down load the data as needed. F. The Chief of Police may direct a random review of video's to ensure compliance with this procedure. Garrett J. Ward, Chief of Police Page 2 of 2 GULF STREAM POLICE DEPARTMENT -Community Action to Reach the Elderly CARE SOP#17.21 COMMUNITY ACTION TO REACH THE periodic home visits are made. A police service ELDERLY(CARE)PROGRAM EFFECTIVE: not used at this time EA ACCREDITATION STANDARDS: NIA I. POLICY: The department has established guidelines when an elderly resident of the town has requested or is identified as in possible need of assistance. The program is designed to check on their well-being and provide frequent contact with residents who have chosen to participate. The department has incorporated an automated dialing system into the program to provide daily contact. II. PROCEDURE: A. The Community Action to Reach the Elderly (CARE) Program is assigned to Uniform Services Division. 1.The Uniform Service Commander will assign a coordinator for the CARE program. B. It will be the responsibility of the CARE coordinator to maintain a list of residents that are participants in of the CARE Program. C. When a resident requests or information has been received that an elderly resident is possibly in need of assistance, the CARE coordinator or designee will contact the resident and explain the program as well as the "Guardian" Automated Telephone Dialing System to them. 1. It is important that the officer fully explain the "Guardian" System. The participant needs to know that they will be contacted on a daily basis at a pre -determined time and will need to enter a four (4) digit code to acknowledge that they are "OK". The officer will assist the participant in filling out the authorization sheet, update emergency contact information and determine a four (4) digit code. D. If the resident requests to participate in the program, the coordinator or designee will assess the needs of the resident and complete a Resident C.A.R.E. Program form (Appendix A) and "Guardian" forms (Appendix B, C) if they request this option also. E. After assessment has been completed, case card will be assigned for each visit. F. A home visit will be defined as a personal contact between the resident and department member. G. The schedule and record of home Visits will be maintained by the CARE coordinator and reported to the Uniform Services Commander monthly. H. A record of all CARE participants will be kept in the CARE log book in dispatch and available for reference and emergency contacts. III. "Guardian" AUTOMATED TELEPHONE DIALING SYSTEM: A. The department is activating the Reverse E911 "Guardian" Automated Telephone Dialing System for the CARE Program. The system will telephonically contact each participant on a daily basis. B. Handling of not answered, incorrect or no code "Guardian" calls: 1. If a "Guardian" call is not answered, incorrect code or no code is received, the "Guardian" will notify dispatch of the situation. Dispatch will then call the CARE residence and verify if the CARE person is home. Once contact is made and it is determined that the CARE resident is "OK", no further action is necessary. 2. If there is no answer, then an officer will be dispatched to the CARE residence to make contact or verify through other sources the status of the CARE resident. The officer will investigate to determine the status of the CARE resident and if it is determined that the CARE resident is in need of assistance, then the appropriate action will be taken. 3. If the officer is unable to make contact or determine the status of the CARE resident, the emergency contact for the CARE resident will be notified to respond. Page 1 of 5 GULF STREAM POLICE DEPARTMENT -Community Attempt to Reach the Elderly CARE SON 17.21 V. REFERENCE: SOP # 33.01 Communications Original issue: 3/1/2005 Garrett J. Ward, Chief of Police Page 2 of 5 GULF STREAM POLICE DEPARTMENT-Community Action to Reach the Elderly SOP#17.11 Appendix A Page 3 of 5 LANTANA POLICE DEPARTMENT -Community Action to Reach the Elderly SOP#17.11 Appendix B LANTANA POLICE DEPARTMENT "Guardian" Automated Telephone Dialing System The Lantana Police Department, in an effort to provide superior service to our residents, has enhanced our Community Action to Reach the Elderly (CARE) program with the addition of a "Guardian" Automated Telephone Dialing System. This telephone system will contact your residence on a daily basis, at a pre- determined time to "check on you". All that is necessary for you to do is to provide a four (4) digit code, which you will enter by phone, to assure us that you are "OK". An Officer will be available to explain the use of the system and guide you through the easy steps. Attached is an authorization sheet which you can fill out with the Officer so that you can begin receiving your daily "check-up calls". Sincerely, Rick Lincoln Chief of Police Page 4 of 5 GULF STREAM POLICE DEPARTMENT -Community Action to Reach the Elderly SOP#17.11 Appendix C LANTANA POLICE DEPARTMENT "Guardian" Automated Telephone Dialing System The "Guardian" system will contact your residence on a daily basis, at a pre- determined time to "check on you". All that is necessary for you is to provide a four (4) digit code, which you will enter by phone, to assure us that you are "OK". You understand that if you choose to participate in the program, you will be called automatically daily, at a pre -determined time. You must answer the telephone and will be required to enter a four (4) digit code to indicate that "You're OK". You understand that if you are going to be unavailable to answer the call, you must notify the police departmentrp for to the pre -determined time and tell them that you will not be available. You must also provide up to date emergency contact information. In the event that you do not answer the phone, your emergency contact as well as an Officer may be notified. You understand the above and you do or do not wish to participate in the program at this time. Signature NAME: _ ADDRESS: PHONE: Date 4 DIGIT CODE #: Suggestions are last four digits of telephone number, last four of social security number, year of birth, etc. CONTACT INFORMATION UPDATED ON: OFFICER: Page 5 of 5 GULF STREAM POLICE DEPARTMENT -Bank Alarm Response SOP # 17.22 BANK ALARM RESPONSE EFFECTIVE: not used at this time EA ACCREDITATION STANDARDS I.POLICY: The department has established guidelines for response to bank alarms, during normal business hours, in a discrete manner to insure the safety of civilian and department members. II.PROCEDURE: A. A minimum of two (2) police units will be dispatched to all bank alarms reported during normal business hours. 1. The first unit to arrive at the scene will become the primary unit and should take a position with a view of the front of the location. 2. The first unit is responsible to coordinate unit response and placement, unless otherwise directed by the shift supervisor. 3. The back up unit(s) will take up positions as assigned. B. As soon as assigned units are in position the primary unit will notify dispatch to call the bank and make contact with the designated bank official. C. The dispatcher will ascertain if the alarm was a false alarm or if a situation exists. 1. This will be done by receiving the proper response from the bank official. The correct response will consist of the phrase "Everything is O.K., followed by the time". EXAMPLE: "Everything is O.K., 9:45". 2. If the official leaves off the time, it will be assumed that a situation exists and the shift supervisor will be notified. 3. If the official responds with the correct phrase, the dispatcher will get a brief clothing description of the official and the bank official will be directed to proceed to a designated point. Dispatch will advise the primary unit that contact has been made and the official is coming out, giving the primary unit the official's clothing description. 4. The primary officer will make contact with the bank official to verify that the alarm is false. 5. If the bank official fails to follow any part of this procedure, the primary unit will immediately notify the shift supervisor that a possible situation exists. 6. If the officers at the scene reasonably determine that there is or may be an incident occurring at the establishment, officers shall handle the incident as an in -progress call. 7. If the officers at the scene determine that a robbery has occurred and the suspect has left the premises, the officers will: a. Secure and protect the crime scene. b. Gather as much information as possible for rapid dissemination by dispatch to surrounding agencies via teletype. c. Separate and keep witnesses at the scene and if witnesses refuse to remain on the scene, attempt to obtain their name, address and phone numbers for later contact. d. Complete an offense report. 8. The shift supervisor will: a. Assign patrol units at strategic locations to BOLO and maintain observation. b. Coordinate assignments with detective(s) or other investigative agencies at the scene who will assume the criminal investigation. III. BANK PERSONNEL TRAINING A. The Uniform Services Commander will be responsible for coordinating and training area banking official(s) in the department's Bank Alarm Response procedures. 1. The Uniform Services Commander will designate a member to conduct the training and/ or make quarterly visits to the banks 2.The designee will be responsible to coordinate quarterly visits to the banks within the town to educate bank personnel on correct response to a bank alarm. Page 1 of 2 LANTANA POLICE DEPARTMENT -Bank Alarm Response SOP # 17.22 3. The designee will be responsible to coordinate visits to a bank within the town to educate bank personnel on correct response to a bank alarm when he or she Original issue: 10/1/91 Revised: I.D. # 696 Old SOP# 300b Bank Alarms changed 9/1/2001 Revision Dates: 11/30/98, 9/1/2001 becomes aware that a bank has opened or has been sold to another financial institution. Garrett J. Ward, Chief of Police Page 2 of 2 BAKER ACT/MARCHMAN ACT EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department has the responsibility to assist person(s) who are at risk or incapacitated due to mental illness or substance abuse II. DEFINITIONS: A. Baker Act- Statutory regulation that allows a person to be involuntarily examined for mental illness. B. Marchman Act —Statutory regulation that allows a person to be taken into protective custody when they are incapacitated or unable to care for themselves due to substance abuse. III. FLORIDA MENTAL HEALTH (BAKER) ACT: A. Pursuant to FSS, a law enforcement officer will take a person who appears to meet the criteria for involuntary examination into custody and deliver the person to the nearest Comprehensive Intervention Center (CIC) or have the person delivered to the nearest CIC (APPENDIX A) for an involuntary examination. 1. Upon transporting and delivering the person to the receiving facility, the officer, while still at the facility, will complete the Report of Law Enforcement Officer form. 2. The officer will write the case number on this form. 3. The officer will make a copy of the form and attach it to the offense report completed by the officer. B. When there is a medical emergency, the person will be transported to a medical facility for clearance. 1. After the patient has been medically screened and stabilized by the emergency department of the medical facility, it becomes the responsibility of the medical facility emergency department to arrange transportation to the CIC. 2. All subsequent transfers between facilities are not the responsibility of law enforcement. 3. The shift supervisor may allow an officer to transport a person to a CIC when they were transported to the medical facility from inside the town limits. C. If a space is not available for the person at the designated receiving facility, the facility staff will assist the officer in locating available space at another facility. D. Any person taken into protective custody by a Gulf Stream Police Officer will, pursuant to FSS, be treated with dignity at all times. E. Restraining devices should not be used with the non -criminal mentally ill except for the protection of the patient or others. F. Clinical records are confidential and are to be maintained as non-public records. 1. The copies of the "Ex Parte Order", the "Report of Law Enforcement Officer", and the "Certificate of Professional Initiating Involuntary Examination" are all part of the clinical record and therefore are confidential and non-public records and will be maintained as such. 2. Copies given to officers by personnel at the receiving facility should be stamped "CONFIDENTIAL" by Administrative Services after being received with offense report. 3. The offense report or any other report the officer completes for the department pertaining to the actions, detention, transportation and involuntary examination of the person is not considered confidential. 4. Any part of the clinical report attached to the report completed by the officer is confidential and will not be released except under the provisions of F.S.S. G. Whenever a person commits a crime and the crime is a result of conduct that meets the criteria for involuntary examination, the officer as an alternative to arrest may transport the person to a receiving facility for an involuntary examination. 1. If the crime is a felony, the person will not be transported to a receiving facility, but will be processed as any other arrest and transported to the countyjail. a. The officer will immediately notify the designated CIC facility, if the person meets the statutory criteria for involuntary examination and the CIC facility is responsible for arranging the Page 1 of 3 GULF STREAM POLICE DEPARTMENT -Baker Act/Marchman Act SOP# 17.23 evaluation at the county jail. resource. An officer who exercises this option will have fulfilled his or her official b. The officer will complete a Report of duty. Law Enforcement Officer Form, which will be sent to the County Jail along with the other required documents and the arrested person. 2. If the crime is a misdemeanor, an NTA may be issued and the person transported to the receiving facility. 3. If the crime is a misdemeanor, which requires a physical arrest the officer will follow the same procedure as in a felony arrest. IV. SUBSTANCE ABUSE SERVICES (Marchman Act): A. A police officer may assist any person who is intoxicated in a public place and appears to be in need of assistance to his or her home or to a treatment resource (APPENDIX B), if that person consents. B. An officer may take into protective custody and transport to a hospital or appropriate treatment resource any person who is intoxicated in a public place and appears to be incapacitated and meets the criteria set forth in F.S.S. C. If a person is intoxicated and endangering the safety of another person or property, or intoxicated in a public place or upon a public conveyance and causes a public disturbance, he or she has committed a misdemeanor crime. 1. The person may be physically arrested 2. In lieu of the physical arrest, the officer may take or send the person to his or her home or a health facility or treatment Original issue: 07/01/07 D. If a person is operating a motor vehicle and is determined to be under the influence of alcoholic beverages, he or she is committing a misdemeanor violation and will be arrested. E. Whenever an intoxicated person is taken into custody by an officer for the purpose of transporting him or her to an appropriate treatment resource, the officer will complete a Report of Law Enforcement Officer Form. 1. A copy of the form will be left with the treatment center. 2. A copy of the form will be submitted with the offense report. 3. The form is considered confidential and not public information. F. When an officer detains or takes an intoxicated person to a treatment resource, the officer will be deemed as taking the person into protective custody and it is not considered an arrest for any purpose. No record will be made to indicate the person has been arrested or charged with a crime. G. Any officer acting in good faith that detains or takes to a treatment resource an intoxicated pursuant to F.S.S. may not be held criminally or civilly liable for false imprisonment. V. REFERENCE: • F.S.S. Ch. 394 Mental Health. • F.S.S. 397 Substance Abuse Services. • F.S.S. Ch. 901 Arrests. Garrett J. Ward, Chief of Police pnnc 9 of'; APPENDIX A The receiving facility for persons fitting Baker Act criteria in Gulf Stream is South County Mental Health, 16158 S. Military Trail, Delray Beach, FL 33484 561-737-8400 or 8401 or local hospital emergency room. APPENDIX B When officers are transporting an intoxicated person to a alcohol treatment resource, they will transport the person to the Comprehensive Alcoholic Rehabilitation Program Center (CARP),5400 East Ave. Phone (561) 844-6400 or South County Mental Health, 16158 S. Military Trail, Delray Beach, FL 33484 561-737-8400 or 8401. Other treatment centers include local hospitals. Page 3 of 3 GULF STREAM POLICE DEPARTMENT -Racial Profiling & Anti -Discrimination SOP # 17.24 RACIAL PROFILING & ANTI- DISCRIMINATION EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department has established guidelines to ensure that race, ethnicity, age, gender, or sexual orientation of an individual shall not be the sole basis for the detention, interdiction, or other disparate treatment of an individual by any member. It. DEFINITIONS: Bias based profiling: The selection of an individual(s) based solely on a trait common to a group for enforcement action. This includes but is not limited to race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group or any other identifiable group. Reasonable suspicion: Suspicion that is more than a mere hunch, but is based on a set of articulable facts and circumstances that would warrant a person of reasonable caution in believing that an infraction of the law has been committed, is about to be committed, or is in the process of being committed, by the person or persons under suspicion. This can be based on the observations of a police officer combined with his or her training and experience, and/or reliable information received from credible outside sources. A. In the absence of a specific report, bias based profiling of an individual shall not be a factor in determining the existence of probable cause to place in custody or arrest an individual, in constituting a reasonable suspicion that an offense has been or is being committed so as to justify the detention of an individual or the investigatory stop of a motor vehicle. B. In response to a specific credible report of criminal activity, bias based profiling of an Original Issue: 07101/07 individual shall not be the sole factor in determining the existence of probable cause to place in custody or arrest an individual. C. No officer will stop, detain, or search any person when such action is motivated by race, color, ethnicity, age, gender, or sexual orientation. D. Bias based profiling shall not be a factor in determining asset seizures or forfeiture efforts. IV. SUPERVISORY RESPONSIBILITY: A. The supervisor will continually examine all areas of police action under his/her purview in an effort to discover any racial profiling or discriminatory practices. B. Any employee who believes there is, or is made aware of; any violation of this procedure will immediately contact his/her immediate supervisor. C. All complaints of racial profiling or discriminatory practices shall be received, documented, and investigated according to departmental procedures. V. TRAINING: A. All members will receive diversity and sensitivity training during FDLE re -certification process on the harms of racial profiling and discrimination, including the review of this policy. B. Recruit members will receive diversity and sensitivity training during the Field Training Program on the harms of racial profiling and discrimination, including the review of this policy. VI. REFERENCE: • SOP# 2.03 Arrest Procedures • SOP# 18.06 Field Interviews • SOP # 22.01 Traffic Enforcement Garrett J. Ward, Chief of Police Page 1 of 1 GULF STREAM POLICE DEPARTMENT -Rapid Deployment to Active Violence SOP # 17.25 RAPID DEPLOYMENT TO ACTIVE VIOLENCE EFFECTIVE: 07/01/07 I. POLICY: The department has established guidelines for responding to incidents involving active violence to quickly and effectively resolve them in a manner that will protect human life and prevent injury. Officers are sworn to take action and intervene when violence is being perpetrated. Swift response, tactics and intervention should be taken in order to reduce the risk of physical harm to the public we serve. Active violence response is not a replacement tactic for barricaded suspects, hostage situations or building searches. II. DEFINITIONS: A. Active Violence- Any incident where a person(s), who by their actions, are killing, attempting to kill or cause great bodily harm to innocent persons. III. PROCEDURE FOR RAPID DEPLOYMENT TO ACTIVE VIOLENCE A. In the event that an officer(s) encounter in progress active violence, rapid deployment is required to stop injury or the loss of innocent life. B. Rapid deployment is to rapidly move to and neutralize the threat in order to prevent further injury or loss of life. Officers should keep in mind the following principles, if immediate intervention is necessary: 1. Speed — The quicker the suspect is discovered and stopped, the greater the opportunity to prevent the loss of innocent life. 2. Surprise — Through proper tactics, speed and use of available tools an element of surprise can be achieved. 3. Forcefulness of action —The use of whatever force is necessary to stop the harming of innocent person(s). C. Ranking of individual safety as it relates to Active Response to Violence: 1. Innocent person(s)— Free & escort or direct them to safety as soon as possible 2. Police Officers — The most tactically sound plan will always require a level of risk to police officers. 3. Suspect — Stop his or her immediate violent actions by arrest or force. D. If time allows, the supervisor will determine that an immediate response is necessary and will: 1. Establish a command post at a location near the scene, but not in the line of fire and direct dispatch to notify area departments and request assistance. 2. The supervisor will notify dispatch that officers will be entering the crime scene in an effort to close and engage the suspect(s). 3. A team of at least two (2) police officers will then make entry in an effort to find the suspect(s) and stop the violence. 4. The initial entry team will make entry with the following objectives: a. Deploy as soon as possible. b. Move directly to the threat. c. Restrict movement of the suspect. d. Engage the suspect(s) and stop threat. e. Develop intelligence and relay to other officers. f. Shrink the inner perimeter. g. Direct innocent person(s) to safe points. 5. Additional officers should be added as they become available. Page 1 of 2 GULF STRTEAM POLICE DEPARTMENT -Rapid Deployment to Active Violence SOP # 17.25 E. Officers should use a formation for movement to and through the crime scene that provides security 360 degrees. If possible a willing employee who has knowledge of the building layout can be brought in with the team. This will aid in navigation in unknown or in large facilities. For this persons protection he/she shall be positioned behind officers. F. In the event a police officer is injured during an operation the supervisor may assign manpower to extract the downed officer or he may leave the downed officer in the last secured location, with or without support personnel, depending on the circumstances he or she is faced with. G. In the event officers find themselves pinned down by gunfire they may need to return fire and maneuver to eliminate the threat or retreat in a controlled manner. 1. In the event officers do choose to retreat due to overwhelming firepower, booby traps or any other reason they should do so with the mindset of dominating as much of the crime scene as possible. This will greatly assist in the initial deployment of tactical Original Issue: 07/01/07 officers by giving them a strong hold within the crime scene to operate from and may help contain the suspect(s) in one area. 2. Nothing precludes the supervisor from making a complete retreat from the crime scene to the inner perimeter. H. Dispatch shall initiate the following measure once an On Scene Command Post has been established: 1. Dispatch will request a SWAT call out from Palm Beach Sheriffs Office and notify the on-call supervisor as soon as he or she can do so. 2. Dispatch will coordinate with the supervisor as to where they want ambulances and the fire department staged. IV. REFERNCES: • SOP# 20.02 Unusual Occurrence SOP# 4.01 Use of Control Garrett J. Ward, Chief of Police Page 2 of 2 GULF STREAM POLICE DEPARTMENT -IMMIGRATION LANDING SOP # 17.26 IMMIGRATION LANDING EFFECTIVE: 10/20/2014 I. PURPOSE: The purpose of this directive is to resources. establish guidelines by which the Gulf Stream Police Department shall respond to immigration landings. B. The Patrol Supervisor taking command of a critical incident will retain such command II. POLICY: When Officers arrive at the scene of an until another law enforcement agency or in -progress immigration landing or other types of department clearly indicates that calls where a group of individuals must be jurisdictional responsibility is theirs and it is contained, they will advise their location and direct determined that it is appropriate to transfer other units utilizing the perimeter methods. command. The supervisor shall take into consideration all that is known. III. DEFINITIONS: C. The nature of crisis demands avoidance of management by committee. There will be A. Immigration Landing - The act of aliens only one Incident Commander. Any transfer (non -citizens) entering the United States of command will be face-to-face between without government permission principles. This transfer of command will be B. Patrol Sergeant - the on duty Sergeant or clearly communicated to the senior Officer is responsible for field Communications Unit in plain English. operations unless or until relieved by a D. If another agency or department assumes higher superior authority. command, the supervisor will offer C. Command Post - A field headquarters from assistance of the Gulf Stream Police which the Incident Commander directs Department to the extent that written operations and from which all planning and directives allow. Police Department response to crises situations shall be personnel will then be guided by lawful coordinated. orders given by those officials. D. Incident Commander —The Superior Supervisor will be the Incident Commander V. PROCEDURES and will coordinate the operations of the incident. A. Initial Notification and Response — Upon E. Inner Perimeter—The immediate area receiving information that an immigration surrounding the situation. This area is landing incident exists, the following actions controlled by unit(s) responsible for the shall be initiated. security, safety and containment. F. Outer Perimeter — a larger area 1. First police officer on scene shall: surrounding the inner perimeter in which a lesser degree of risk exists. The size of a. If Possible, contain the situation to this area will depend upon the nature of the the immediate area. incident b. Provide the Supervisors and Communications Unit the exact IV. MULTI -JURISDICTIONAL COMMAND OF location of the immigration landing _ IMMIGREATION LANDINGS c. Request that a perimeter is initiated. A. Unified Command in a multi -jurisdictional d. Request Mutual Aid from other incident, key officials from each jurisdiction, agencies which shall include, but not located at the command post, may limited to, U.S. Customs and Border contribute to the process of Patrol, U.S. Immigration and Customs enforcement 1 -Determining overall incident objectives. (954) 965-6300.U.S. Coast Guard 2 -Selection of strategies. (561) 718-5194, ICE 3 -Insuring joint planning for tactical Communications (Orlando FI.) operations. 800-X-SCTOR. Palm Beach County 4 -Insuring integrated tactical operations. Sheriff's Office K-9 /Eagle (561) 5 -Making maximum use of all assigned 688-3400. Page 1 of 2 GULF STRTEAM POLICE DEPARTMENT -IMMIGRATION LANDING SOP # 17.26 Ocean Ridge (561) 732-8331. Delray Beach (561) 243-7800. 2. Patrol Supervisor Shall a. Set up a Command Post and relay information to the Communications Unit as necessary. The Staging area will also be at the Command Post. b. When Mutual aid is requested and granted, the Patrol supervisor will confirm that a LE Common channel has been secured through Delray dispatch. (Any officer can request a LE Common Channel). c. Once on a LE Common Channel, the patrol Supervisor will announce their presence. d. Request specific resources to include, but not limited to aviation units, K-9 units and or Additional manpower. e. Once all participating agencies are at the Command Post, the supervisor for the lead Agency will announce, on LE Common Channel, who is in command. f. Coordinate the perimeter efforts. g. Coordinate the use of resources with Participating agencies. h. Assure that officers are vigilant investigating vehicles in the area that are attempting to provide transportation for illegal individuals.' I. Request other agencies to post at a bridge that is closest to the immigration Landing. j. Coordinate search efforts. k. If the suspect vessel remains in the jurisdiction of Gulf Stream, the Supervisor shall request assistance of the Delray Beach Police Crime Scene unit. (The Vessel, the Contents within, and the surrounding area Will be considered and treated as a crime Original Issue: 10/20/14 Scene). 3. Communications shall: a. If the vessel is not ashore (fleeing or approaching), the call taker will obtain as much information as possible to include: vessel description, vessel operator and/ or subjects on the vessel, last known direction of travel, identification of any physical landmarks and last known GPS location, if available. b. If the vessel is ashore and remains In the jurisdiction of the Town of Gulf Stream, obtain a physical address or speck area of the immigration landing. c. Upon receiving the initial report of an immigrant landing, communications shall immediately dispatch the call to any patrol unit(s) and the Supervisor. d. Request an LE Common radio channel from the PBSO communications Supervisor 561-688-4300 and create the patch using an Open Channel. e. Relay pertinent information regarding the assigned LE Common Channel, radio patch, mutual aid units responding and resources and resources requested to the Incident Commander. f. The agency that initiated the event will maintain primary radio communications. g. Continue to update the CAD event with information including mutual aid resources requested, LE Common Channel and all units on scene. h. When directed by the Incident Commander, break the radio patch on the LE Common Channel. Garrett J. Ward, Chief of Police Page 2 of 2 GULF STREAM POLICE DEPARTMENT -Criminal Investigations SOP# 18.01 CRIMINAL INVESTIGATIONS EFFECTIVE: 07/01/07 I. POLICY: The purpose of this procedure is to establish guidelines and criteria for conducting criminal investigations. While conducting criminal investigations, members will comply with all constitutional requirements. The investigative process may include interviews and interrogations, identifying, collecting, and preserving physical evidence, and surveillance. IL DEFINITION A. Crime Scene - The location where the crime occurred or where the indication of the crime exists. It includes the area where the crime was committed and any portion of the surrounding area over, or through which the suspect or victim passed an route to, or going away from the scene of the crime. III. PRELIMINARY INVESTIGATIONS: A. The first member responding to the scene of a crime or complaint will: 1. Record the information provided by dispatch. 2. Respond to the scene in a safe manner. 3. Determine if an offense has been committed and if so, the exact nature of the offense by observing all conditions, events and remarks. 4. Protect the victims/parties involved in the incident. 5. If necessary, administer first aid and/or summon medical assistance. 6. Take immediate steps to protect and preserve the crime scene, if any, from contamination and protect evidence. The officer will request additional members to accomplish this requirement if necessary. 7. Determine the identity of the suspect(s), if possible. 8. Provide other members with information regarding the incident, i.e., suspect descriptions, vehicles, direction of travel, etc. Locate and identify the witnesses. 10. Effect the arrest of the suspect(s), if possible. 11. Take any other immediate action deemed necessary by the nature of the incident. 12. Obtain oral and/or written statements from the victim(s), witness(s) and from the suspect(s) if possible. 13. Collect, or arrange for the collection of, evidence. 14. Accurately and completely record all pertinent information on the appropriate report form(s). B. When conducting an investigation, members will develop pertinent information through available resources which may include, but not be limited to; witnesses, victims, informants, physical evidence, known M.O.'s and suspects associated with the investigation. 1. The information that is received will be: a. documented in the police report, if pertinent, b. transmitted to officers working cases in which the information may impact, and/or c. transmitted to other police agencies with an interest in the information. IV. MAJOR CASE INVESTIGATION AND CRIME SCENE PRESERVATION: A. At a major crime scene, i.e., sexual battery, homicide, armed robbery, arson, suspicious death or other serious felony, the initial responding officer(s) will: 1. Immediately notify the supervisor for assistance and guidance. 2. Conduct the preliminary investigation as described above in Section III, A., 1 through 10. B. The responding supervisor will: 1. Ensure the entire area is cordoned off with crime scene tape to prevent unauthorized intrusion, if necessary. Page 1 of 5 a. If the crime is a homicide or other serious crime where outside assistance is necessary, request appropriate agency(s). The Chief of Police has designated the Palm Beach Sheriffs Office will handle all homicide or other serious crimes where assistance is needed. 2. Ensure the on-call supervisor is notified, as necessary. 3. Ensure an officer is assigned to document all persons entering the crime scene, if necessary. 4. Request investigative support personnel as necessary. C. If a investigator is responding, no formal oral or written statements will be taken, nor will evidence be collected, by initial responding personnel unless requested by the responding detective. 1. Victims, witnesses and/or suspects will be interviewed only to the extent necessary to assure officer and public safety and obtain information needed by other responding units. 2. Volatile, endangered, or fragile evidence may be collected by initial responding officers only when failure to do so will result in its destruction or loss of its evidentiary value. The preferred course is preservation until a detective can process the evidence. D. The supervisor will assume responsibility for the scene until relieved by an investigator or the Chief of Police. The supervisor or investigator will direct the activities of all support personnel, including, but not limited to: 1. Coordinating the collection and preservation of physical evidence. 2. Assigning members to conduct preliminary interviews of the complainant(s) and witness(s) to determine the nature of their involvement. 3. Assisting the assigned officer with his or her initial investigation. 4. All evidence collected is entered into evidence accompanied by a Evidence/Property form. A. The goal of the follow-up investigation is to safeguard victims and/or identify, apprehend and secure evidence necessary to prosecute the suspect(s), and recover and return stolen property to its rightful owner. B. Certain cases require more than a preliminary investigation, but do not require a detective. The initial reporting member may follow up these cases. When necessary, the shift supervisor will consult with the Chief of Police to determine if a detective is needed. The criteria for determining follow-up assignment include, but are not limited to: 1. The level of expertise required to complete the investigation. 2. The seriousness of the incident. 3. The likely geographic boundaries to be covered during the investigation. 4. Calls for service of the initiating officer. 5. Other factors which may affect the investigation. C. Certain cases require review of the solvability factors present, if any, before determining follow-up investigation needs. 1. All felony and misdemeanor cases will be reviewed by the Chief of Police or designee for solvability factors and intelligence information related to existing investigations and/or possible suspects. 2. The Chief of Police or designee will assign the case for an appropriate level of investigation based on solvability factors present. D. Cases with solvability factors present will be assigned for a specified minimum level of follow-up based upon the type and quality of factors present. 1. The investigator will read all police reports prepared in the preliminary investigation. 2. The investigator will check the criminal history of any named suspect(s). 3. Based on individual case circumstances, the investigator may conduct additional interviews of, and/or a search or neighborhood canvass for, victims, Page 2 of 5 witnesses, neighbors, reporting parties, and possible suspects to clarify information or seek additional details or evidence that may have been unknown or missed during earlier phases of the investigation. 4. The investigator may check agency reports, records, or other events occurring in the same time frame of the initial report for similarities and any previous reports made by the victim. 5. Investigators may develop pertinent information through available sources, I. e. patrol officers, informants, etc. 6. Investigators will ensure all physical evidence has been collected, scientifically analyzed where appropriate, and all laboratory results are reviewed when available. 7. Investigators will, when appropriate, conduct surveillance of suspects or locations to develop leads or information. 8. Investigators will, when appropriate, disseminate information relative to crimes and suspects throughout the department and other agencies in the form of BOLO's, teletype entries, etc. VI. ARRESTS: A. In all felony arrest situations prior to the arrested person being released to another agency, the arresting officer will notify a supervisor to: 1. Determine if an investigator wishes to interview the suspect. 2. Determine if the arrestee is a suspect in any other crime. 3. If no investigator is on -duty and the incident requires immediate follow up due to its nature, i.e., the arrestee is volunteering information that must be acted on immediately, or the arrest is based on a probable cause affidavit or other documentation requesting notification, the on-call supervisor will be notified. VII. A. Investigative Interviews are intended to: 1. Secure a confession or gain evidence to strengthen the case; 2. Identify co-defendant(s); 3. Identify the location of stolen property; 4. Discover any instrumentality used during the commission of the crime; 5. Discover possible involvement in other criminal activity; 6. Develop investigative leads; and/or 7. Gather intelligence information. B. Members will represent themselves in a professional manner and adhere to the applicable laws and practices which govern investigative interviews of persons: 1. The Constitution of the United States; 2. The Bill of Rights; 3. Florida State Statutes; and 4. The Gulf Stream Police Department Standard Operating Procedures. C. An officer is required to advise a person suspected of committing a crime of his or her Constitutional Rights under the "Miranda Decision" before that person is questioned when: 1. The suspect is arrested and in custody. 2. When "custodial interrogation" exists. a. This occurs when a suspect(s) freedom is limited by police to the "degree associated with formal arrest". D. The officer will read the Miranda Rights from a standard rights card or form prior to interviewing a person who is under arrest or in a custodial interrogation situation. 1. The interviewing officer will ensure that the person being interviewed is read the Miranda Rights and interviewed in the appropriate language by an officer or investigator who is fluent in that language. 2. The interviewing officer will advise and Page 3 of 5 explain if necessary, each provision of the Miranda Rights to ensure the subject comprehends what was said. 3. The officer will request the subject sign the rights card to acknowledge that he or she understood the Miranda Rights. E. Whenever a victim, witness, suspect, or arrestee is brought to the police station for an interview by a member, the member may use areas within the police station to conduct the interview. 1. A suspect or arrested person will be interviewed for reasonable periods of time including breaks for nourishment and personal needs. 2. A suspect or arrested person will not be left unattended or unsecured within the police department while conducting an interview. F. Determine if a Computer Voice Stress Analyzer (CVSA) would be beneficial under the circumstances. The use of a CVSA will be governed in accordance with SOP. G. The following techniques may be use to elicit information from the suspect or witness: 1. Establish rapport with the suspect or witness. 2. Empathize and/or sympathize with the suspect or witness. 3. Point out the existence of evidence or witnesses that tie the suspect to the crime. 4. Minimize the seriousness of the crime. 5. Point out the futility of not telling the truth. 6. Any other lawfully accepted technique which may cause the suspect or witness to tell the truth regarding his knowledge of the matter being investigated. H. Investigating officers are encouraged to use the departments audio taping capabilities for the purpose of recording statements and confessions in a manner consistent with state law. VIII. POST ARREST PROCEDURES: A. All reports written about an incident will be fully and accurately recorded on the proper report form. B. Once the suspect is arrested, members will prepare the necessary paperwork and file the case with the State Attorney's Office. 1. After filing, and when an Assistant State Attorney has been assigned the prosecution, the member will offer any assistance necessary for a successful prosecution. 2. Members will assist the State Attorney's Office with trial case preparation, i.e., crime scene photographs, displays, etc. C. Prior to submitting the case to the State Attorney's Office for filing, the investigator will check to see if the arrested person(s) fits the Trigger Lock Career Criminal Criteria and if so notify the Bureau of Alcohol, Tobacco, and Firearms (A.T.F.) of the U.S. Treasury Department. D. If there are co-defendants, the investigator(s) will thoroughly investigate their involvement and determine if probable cause exists to apprehend the suspect(s). E. If the suspect indicates involvement in other crimes in other jurisdictions, the investigator(s) will notify the proper law enforcement agency. F. Based on individual circumstances, investigator(s) may determine that the suspect can be used in the future as a confidential informant. Applicable guidelines concerning the use of confidential informants will be in accordance with SOP. G. When necessary, a search warrant may be needed, or a lawfully obtained consent to search, to legally recover items of evidentiary value or stolen property. H. Every effort will be made to return stolen property to the rightful owner. IX. VICTIM NOTIFICATION: A. On those cases assigned to an investigator, victims of reported crimes will be contacted informing them of the status of the case within 5 working days. B. Notification will be made when any of the following occur: 1. An arrest has been made: or Page 4 of 5 GULF STREAM POLICE DEPARTMENT -Criminal Investigations SOP# 18.01 2. Property has been recovered. C. This notification may be done in person, by telephone, or by mail. A supplement report will be written to indicate the date and the time the notification was attempted or made and the name of the person notified. D. The investigator(s) supplemental report will indicate the disposition and status of any property or evidence in the custody of the Department. E. The Evidence Custodian will be notified in the form of a copy of the State Attorney's Office disposition letter once a case is disposed of so proper evidence disposal can be accomplished. X. CASE FILES: A. The types of records to be maintained by investigators will include preliminary investigation reports, statements, supplemental reports, field interrogation cards and any other information pertaining to the assigned case. Original case documents will be filed with the Administrative/Records Division and investigations will operate off of copies. B. Accessibility to the investigator's case files will be authorized by the supervisor for the officers with the need to know or for those who may benefit from such case files. Original reports will be available through the Administrative/Records Division. F. Physical evidence and the original Evidence/Property Card will be maintained by the Evidence Custodian. G. The purging of original case files, supplements and pertinent information will be in accordance with applicable existing state law. Copies of records and copies of pertinent case documents may be maintained by the assigned detective at his or her discretion and in compliance with public record law. XI. CRIMINAL INVESTIGATIONS INVOLVING MEMBERS C. Each officer will control and maintain his or her case files for all open assigned cases. XII. D. Cases will be designated as closed by arrest, exceptionally cleared, inactive, or unfounded and all supplemental reports will be forwarded to the Administrative/Records Division via the appropriate supervisor. E. The officer's supervisor may review a officer's case file when the investigator is unavailable. Original Issue: 07/01107 A. When a criminal investigation, within the Town of Gulf Stream involves a member as a suspect or when a member is developed as a suspect, the criminal investigation will be conducted by another agency. 1. Officer(s) will respond and take necessary action to prevent injury or property damage. This may include arrest of a member. 2. The supervisor will be notified and respond to the scene. 3. The Chief of Police has designated that the Palm Beach Sheriffs Office will handle criminal investigations involving members. 4. The department may conduct an administrative investigation of any criminal incident involving a member • SOP # 2.03 Arrest Procedures. • SOP # 4.01 Use of Force. • SOP # 17.04 Supervisor Notification. • SOP # 18.02 Informants. • SOP # 18.04 Search Warrants. • SOP # 35.01 Crime Scene Investigation and Evidence Collection. • SOP # 36.01 Property and Evidence Management. • FSS Chapter 119, Public Record Garrett J. Ward, Chief of Police Page 5 of 5 GULF STREAM POLICE DEPARTMENT -Informants SOP # 18.02 INFORMANTS EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department has established guidelines for the use of informants. Informants can be a valuable tool, however, the guidelines for their use and control must be strictly followed. II. DEFINITIONS: A. Informant - A person who provides information or lawful services to the police department under the direction or control of a speck officer during his or her investigation and operation, with or without expectation of compensation or confidentiality. B. Confidential Informant - An informant whose identity is not revealed. C. Control Officer - An officer who has direct control and responsibility for an informant and for funds paid to the informant. D. Investigative Funds - Funds to provide monetary compensation to informants, to use for undercover purchases or controlled buys. E. A Source of Information - A person, not under the direction or control of a specific officer, who provides information without becoming a party to the investigation (e.g., a concerned citizen who witnessed or has information about an incident). The source of information may be compensated for information provided. If the source of information seeks continuing compensation, comes under the direction and control of a specific officer, or becomes an active part of the investigative process, this person's status should be changed to that of an informant. III. ESTABLISHING INFORMANTS: A. An informant must meet the following criteria: 1. The person must be in a position to measurably assist the department in investigations. 2. In the officer's judgment, the person will not compromise the department's interest and activities. 3. The person will accept the measure of direction necessary to use his or her services. B. Prior to establishing an informant, the control officer will: 1. Check if there are any criminal charges against the person. a. If there is a prosecution pending against the person and the decision is made to use the person as an informant, the officer will advise the person that he or she can only advise the prosecutor or the court of the informant's cooperation and cannot make any other assurances without the approval of the State Attorneys Office. b. If there is a pending case(s) against the person, the control officer may contact the Assistant State Attorney who is handling the case and/or the arresting agency and advise them that the informants is providing or renders substantial assistance. c. Whenever an officer wants to discuss dismissing a prosecution with a prosecutor or judge, the officer must notify his or her supervisor of those intentions. 2. When a person is on probation or parole, the officer must receive permission from the person's probation or parole officer and the judge in the case before using that person as an informant. C. The decision on whether to use a person as an informant will be made after the control officer confers with the above agencies and his or her immediate supervisor. D. The department discourages establishing any informants less than 18 years of age. 1. When the informant is a juvenile, the officer will obtain written consent from the I uvenile's parent(s) or guardian(s), whenever possible, and discuss all of the dangers involved in the operation. 2. The department prohibits establishing an informant who is less than 16 years of age. E. When an officer establishes a new informant, he or she will complete and explain the forms to the new informant: 1. The Personal Information form Page 1 of 11 GULF STREAM POLICE DEPARTMENT -Informants SOP # 18.02 (Appendix A) contains biographical and background information about the informant, and: a. NCIC/FCIC criminal history, b. PALMS printout, c. Other important/relevant information, and d. If there is no record found on the informant through use of NCIC, FCIC, or PALMS, the control officer will attach the print out indicating "No Record Found." 2. The Cooperative Individual Claim Release Form (Appendix B). 3. The Code of Conduct Form (Appendix C). 4. The Working Agreement Form (Appendix D). 5. The Training Form (Appendix E) F. Officers completing informant information forms will turn them in to the Chief of Police. 1. The Chief of Police will review the forms: a. Check criteria to see if a new informant is generated. 2. The Chief of Police will advise the control officer if the person has been used as an informant by this department in the past and the status. G. All forms and information relevant to paid informants will be maintained in a master file by the Chief of Police or a designee. 1. All information regarding informants (code numbers, operations they are involved in, etc.) will be secured by the Chief of Police and will have controlled access. 2. The master file contains the dollar amount of payments made to the informants. H. Each informant will be assigned a confidential code number which will be known to the informant, the person who maintains the informant file, and the officer(s) who directs and controls the informant. I. Records relating to active vice, organized crime investigations and confidential informant files are maintained separately from the central records system. IV. UTILIZATION OF INFORMANTS: A. Whenever an officer establishes an informant, he or she will advise the person of the following: 1. The informant will not violate any criminal law when gathering information or providing services. 2. The informant has no official status, implied or otherwise, as an agent or employee of the police department. 3. The department will do everything possible to ensure confidentiality, but it cannot be guaranteed. B. When using an informant, the officer must control the direction of the operation and the informant. An officer should not place himself or herself in the position of having to act when there is not sufficient manpower or equipment to ensure the safety of all parties involved, unless exigent circumstances exist. C. Informants are used for the benefit of the department and not a specific officer. The Chief of Police may reassign the informant to another officer. 1. Contacts between an officer and an informant will be of a strictly professional nature. Social or personal business contacts are strictly prohibited. 2. Contacts with an informant will be such that his or her knowledge of the department's facilities, operations, activities, and personnel is kept to the minimum. 3. At least two (2) officers should be able to contact an informant, whenever practical. 4. Two (2) officers should be present when meeting with informants of the opposite gender unless prior approval has been obtained from the officer's supervisor. D. Officers should attempt to verify the credibility of the information the informant has provided. E. When an informant is a participant in a Page 2 of 11 GULF STREAM POLICE DEPARTMENT -Informants SOP # 18.02 controlled buy or a reverse undercover case and he or she handles funds, drugs or anything of evidentiary value, he or she will be thoroughly searched before and after the operation. 1. The confidential informant will be kept under continuous observation during the operation to ensure the validity and integrity of the evidence. 2. Money should be marked or copied and serial numbers recorded for identification in the event it is later recovered as evidence. F. Whenever the informant becomes unreliable, useless, dangerous or otherwise undesirable, it is the responsibility of the controlling officer to document this information and forward it the Chief of Police or a designee. 1. It is the responsibility of the Chief of police to mark that informant's file indicating deactivation and to notify, as soon as possible, the affected member's of the deactivation. 2. If information is received at a later date by either the controlling officer or any other officer indicating the informant should be re- evaluated as to his or her credibility with the purpose of reactivation, this information will be forwarded to the Chief of Police or a designee. After reviewing the updated information and a satisfactory report has been documented, the informant can be reactivated. G. It is the responsibility of the controlling officer whenever the informant changes his or her address, phone number, etc., to direct the updated information to the Chief of Police. H. When the information the informant provides is used in a criminal prosecution, the department will avoid disclosure of an informant's identity if at all possible, even if no prior agreements of confidentiality were made. 1. The informant's confidentiality will be thoroughly discussed with the prosecutor prior to the case being tried. 2. When disclosure of an informant's identity in a case may adversely affect the outcome of a more significant case or investigation, the officer may recommend the case be dismissed after discussion with the prosecutor and the officer's supervisor. 3. When the question of disclosure of an informant's identity arises at trial, the officer should request time to confer with the prosecutor. V. INVESTIGATIVE FUNDS: A. Each year the department provides for an investigative fund as determined by the Chief of Police. B. The funds will be the responsibility of the Chief of Police to direct and control. C. The amount of cash under direct control will not exceed $500.00 unless otherwise designated by the Chief of Police. D. The funds will be used to finance the following: 1. Payments to informants for fees and expenses; 2. Undercover purchases such as narcotics, stolen property, etc. E. Receipts will be obtained whenever possible to verify expenses. F. The Chief of Police will periodically draw cash for the Investigative Fund from the Town Finance Department. The cash will be maintained by the Chief of Police in a locked, safe and secure place within the police facilities. G. The Chief of Police will maintain an Investigative Fund Ledger Book recording the amount of funds at the beginning of the fiscal year and any disbursements (expenditures) and deposits throughout the fiscal year. H. When a transaction is completed to or from the fund, the Chief of Police will record the following information in the Ledger Book : 1. Date of transaction; 2. Name of the officer and/or informant code number; 3. Type of transaction (informant fee, informant expense, controlled buy, undercover buy, other reimbursement/ deposit); 4. Under no circumstances will investigative funds be used for purchases of food or personal items for any member. Page 3 of 11 GULF STREAM POLICE DEPARTMENT -Informants SOP # 18.02 5. The case number and investigative fund expenditure number; and 6. Law enforcement action i.e. arrest warrant, search warrant. I. An officer may request a cash advance of investigative funds for investigative purpose: 1. He or she must first receive approval of the expenditure and advance from his or her immediate supervisor. 2. If the total amount is an estimated expenditure, the officer will document the purpose of the disbursement, by memorandum to the supervisor for his or her approval. The supervisor will indicate approval of the transaction by signing and dating the memorandum. 3. The officer will then submit the memorandum to the Chief of Police, who may then disburse the appropriate funds. The officer will receive a copy of the memorandum at this time. 4. If the officer only expends a portion of the advanced investigative funds, he or she will return the balance to the Chief of police, in a timely manner. An Investigative Fund Expenditure report will be completed to document the expended and returned funds. O. Investigative Fund Expenditure (IFE) Report (Appendix F): 1. The officer will mark the type of expenditure and complete the appropriate section and all required signatures. 2. The informant will sign by his or her name or write his or her code number. (This is for confidentiality and verification purposes). 3. All transactions that are completed on the same date and time with one informant relative to the same investigation can be documented on the same IFE form. 4. When the Chief of Police receives the form, he or she will sign and date the form as verification of his or her review and approval. P. Audit: 1. The Chief of Police will review expenditure forms submitted and prepare a quarterly audit of investigative funds. 2. The Town Finance Department will conduct an audit of funds at any time an audit is requested by the Chief of Police. 3. Pursuant to F.S.S., the Chief of Police will annually submit the documents and forms relating to the investigative fund records to the Town Finance Department for a financial audit. a. No information or document will be submitted during this audit that reveals the identity of a confidential informant. Page 4 of 11 GULF STREAM POLICE DEPARTMENT -Informants VI. REFERENCE: SOP # 7.01 Fiscal Activities. • F.S.S. 925.055 Law enforcement investigative funds. Original issue: 07/01/07 18.02 Garrett J. Ward, Chief of Police Page 5 of 11 GULF STREAM POLICE DEPARTMENT -Informants SOP # 18.02 Appendix A Personal Information Form Name (Last, First MI) Date of Original Report Address Telephone Number C.I.# Identifier Aliases Place Of Birth Citizenship Ethnic Origin Race Occupation Sex Height Weight Eyes Hair Miscellaneous Physical Characteristics Employer's Name and Address How Long Employed Social Security Number Military Branch Service Number FBI Number (Attach Rap Sheet) Drivers License — State Number Automobile Make Year License Plate State Number Criminal Associates, Files Mentioned in : Places Frequented Source of Supply Family Background Spouse Father Address Mother Address Photo Attached Yes No Signature of Informant Agents Name & Signature Authorizing Supervisor's Signature Date Education Unit # Pano R of 11 Whereas Appendix B Cooperating Individual Claim Release Form For Confidential Sources of Information Print or type name as a confidential informant With the , Herein Referred to as the Agency Agency Name and requests permission to act as a confidential informant, including riding with Police Officers in government owned vehicles or privately owned vehicles, accompanying and helping Police Officers as confidential informants and knowingly engaging in occasional hazardous situations. Whereas, it is understood that the Agency cannot accept responsibility for or guarantee the safety of such individuals when acting in such a capacity as confidential informants: now, therefore, BE IT AGREED as follows: That in consideration of his/her being permitted to act as a confidential informant for police officers, the undersigned hereby voluntarily assumes all risks of accident, injury, or damage to his/her person and property and hereby releases and discharges the Agency, its employees and agents, including but not limited to police officers of the Agency, from every claim, liability, or demand of any kind for or on account of any personal injury or damage, or injury or damage to property of any kind sustained whether caused by the negligence of the Agency, its agents or employees, including but not limited to their duties, or otherwise. The undersigned hereby also agrees to hold the Agency, its agents and employees, including but not limited to police officers, harmless from any claim, liability, or demand of any kind which may arise against any or all of them resulting in any way or form, his/her acting as a confidential informant for the Agency, or accompanying a police officer or officers in the performance of their duties. Dated this day of ,20 , at Informant Signature (Witness) (Controlling Officers' Printed Name and ID Number (Controlling Officers' Signature) (location) (Informant ID Number) (Witness) (Supervisors Printed Name and ID Number) (Supervisors Signature) Dona 7 of 11 GULF STREAM POLICE DEPARTMENT -Informants SOP # 18.02 Appendix C Code Of Conduct For Confidential Sources Of Information the undersigned clearly (Type or Print Name) understand that while I am assisting and cooperating with the (Agency Name) I am forbidden from and will not commit any of the following acts or engage in any of the following activity: 1. I will not sell, deliver, or possess any controlled substances, illegal or illicit drugs, or any substance purported to be the same at any time. 2. 1 will not use my sex, sexual activity, to induce or persuade anyone to sell or deliver any controlled substance, illegal or illicit drugs, or any substance purported to be the same, or engage in any criminal activity. 3. 1 understand that I cannot search anyone, any place, or any thing for any reason. 4. 1 understand that I cannot carry a firearm or weapon for any reason or at any time. 5. 1 have had what constitutes entrapment explained to me, complete understand it, and will not engage in any such activity at any time. 6. 1 agree not to discuss, disclose, or communicate in any way, to any one, any information regarding any investigation or activity, that I may be involved in or aware of. 7. 1 understand that any violations of the code of conduct, or any violations of the law will be fully investigated with appropriate action being taken, including criminal prosecution for any criminal violations. 8. 1 understand that no officer has the authority to make any promises or predictions regarding any criminal charges that I may have pending against me. This does not preclude the officer from meeting with the prosecutor to discuss my assistance and cooperation and to make requests for consideration. 9. 1 acknowledge that I am cooperating of my own free will and not as the result of any promises, or any intimidation, or threats. Dated this day of (Informant Signature) (Witness) (Controlling Officers' Printed Name & ID Number) (Controlling Officers' Signature) 20 , at (location) (Informant ID Number) (Supervisors Printed Name & ID Number) (Supervisors Signature) Pana R of 14 Appendix D Working Agreement — For Confidential Sources of Information the undersigned clearly understand that while I am assisting and cooperating with the I agree to the (Agency) following terms of behavior: 1. I agree to be truthful to my controlling officer and the agency at all times and will answer all questions and inquiries made upon me to the best of my knowledge and ability. 2. 1 agree to submit to a polygraph test whenever required by my controlling officer or the agency. 3. 1 agree to submit to a urinalysis test whenever required by my controlling officer or the agency. 4. 1 agree to strictly abide by and not violate any laws including narcotics and drug laws. 5. 1 agree to submit to a search of my person, my possessions, and my vehicle that I may have in my possession, whenever requested by my controlling officer or the agency. 6. 1 agree to notify my controlling officer of any contact with other law enforcement officers or agencies. 7. 1 agree to strictly follow and adhere to all established rules and procedures. 8. 1 understand that however unlikely, there is a possibility that my identity may have to be disclosed and that I may be required to testify in court. 9. 1 agree to advise my controlling officer of any criminal activity that I may become aware of. Additional Remarks: Dated this day of . 20 at (Location) (Informant signature) (Witness) (Controlling Officers' Printed Name & ID Number) (Controlling Officers' Signature) (Informant ID Number) (Witness) (Supervisors Printed Name 8 ID Number) (Supervisor's Signature) Dont a of 11 GULF STREAM POLICE DEPARTMENT -Informants SOP # 18.02 Appendix E Training Form For Confidential Sources of Information Areas Covered Cooperating Individual Claim Release Form C.I. Initial C.O. Initial Code of Conduct C.I. Initial C.O. Initial Working Agreement C.I. Initial C.O. Initial Entrapment Issues C.I. Initial C.O. Initial Remarks Dated this day of , 20 , at (Location) (Informant signature) (Informant ID Number) (Witness) (Witness) (Controlling Officers' Printed Name & ID Number) (Supervisors Printed Name & ID Number) (Controlling Officers' Signature) (Supervisor's Signature) Investigative Funds Expenditure Report 1) Informant Fee € Date: / / I, the sum of Signature: Nature of information / service : 3) Informant Expense Date: / / Appendix F Fiscal Year 20_ IFE # 2) One Time Source of Information Case # have on the above date received from _ for information given in the above case. 4) Controlled Buy Case # On the above date, funds in the amount of $ were furnished to Address, for the use in the investigation of the above case. This money was used for the following purposes: 5) Officer's Expense Date: / / On the above date, funds in the amount of $ These funds were used for the following purposes: 7) Other Expense Date: / / On the above date, funds in the amount of $ following purposes: Officer submitting report: (Pont name and ID #) Expenditures approved by: 6) Undercover Purchase Case # were expended by me in the above case. 8) Other Reimbursement Case # were ( Expended) (Returned) for the Total Expenditures for this report: $ (Signature) Date: P.n. 11 of 11 GULF STREAM POLICE DEPARTMENT -Specialized Investigative Operations SOP # 18.03 SPECIALIZED INVESTIGATIVE OPERATIONS (Undercover, Decoy, Raids and Surveillance) EFFECTIVE: 07/01/07 I. POLICY: Specialized investigative operations can be very effective in determining criminal activities of individuals or groups. At times, specialized investigative operations may provide the only technique available to identify principals and co- conspirators involved in criminal activity. Specialized investigative operations may be conducted against organized crime, narcotics, burglars, vice suspects, and other individuals or groups who commit criminal acts. It. DEFINITION: A. Undercover Operations - Employed or engaged in secret investigations; the use of a pretext to gain the confidence of persons involved in criminal activities; implies anyone engaged in this type of activity must have the ability to establish a relationship with the suspect in order to determine the nature of his or her activities. An undercover operation may be a single or multiple event(s) or may be used to gather intelligence. B. Decoy Operations - Any one of a various number of techniques for simulating real life scenarios with surveillance maintained by officers in a position to make arrests. C. Raid - An invasion of a building or area for a lawrui —Purpose, i.e., search warrant, arrest of an armed or violent offender. D. Surveillance - The overt and/or covert, continuous or periodic watching of persons, vehicles, locations, or objects to obtain information concerning the activity and/or identity of an individual or group. Surveillance of people involved in a criminal investigation will be conducted in such a manner that bystanders will not be endangered as a result of surveillance operations and the suspects are unaware of the surveillance. III. SPECIALIZED INVESTIGATIVE OPERATIONS: A. The objective of a specialized investigative operation is to: 1. Determine the existence and nature of criminal activity. 2. Identify all of the persons involved in the criminal activity. 3. Legally obtain evidence for a search warrant or for prosecution. 4. Obtain evidence of a crime. 5. Locate contraband, recover evidence. 6. Protect the undercover officer and corroborate his or her testimony. 7. Prevent the commission of, or to apprehend a subject in the act of committing a crime. 8. Determine the location of an individual or group. 9. Develop leads based on information from other sources. IV. PREPARING FOR A SPECIALIZED OPERATION: A. Prior to determining if a specialized investigative operation is necessary or useful, the supervisor or investigator in charge will conduct an analysis of all available information, which may include victim information, review of Feld interview (FI) cards from the area, criminal intelligence data, confidential informant information, and information from police officers or police reports from the neighborhood or target area where officers will work. B. When it is determined that a specialized investigation will be initiated; the supervisor or investigator in charge will complete a Operational Plan. 1. The operational plan will submitted through the chain of command, for approval, absent exigent circumstances. C. The supervisor or investigator in charge of Page 1 of 4 GULF STREAM POLICE DEPARTMENT -Specialized Investigative Operations SOP # 18.03 the specialized investigative operation will: 1. Closely supervise the operation. a. A supervisor will be present on - scene during any decoy operation. 2. Supply equipment and vehicles from the inventory of the police department or other available resources. The equipment may include: a. A listening device. b. Undercover, rental or confiscated vehicles. c. Photographic equipment. d. Any other equipment the supervisor determines to be necessary. 3. Establish means for routine and emergency communications, including: a. Providing the officers with radios, "body bugs", etc. b. Arrange take down/arrest signals prior to the start of the operation. 4. Develop strategies and tactics for approaching, entering, securing, and leaving the target area. 5. Determine operational procedures and guidelines for arrest, if applicable, including: a. Where the operation will start from b. What is expected of each officer. c. When and where the arrest will take place. d. Any other information that is necessary to successfully complete the operation. 6. Ensure the identity of the undercover officer remains confidential. a. The participating members will be Page 2 of 4 identified to the officers participating in a raid, decoy operation etc., for their safety and protection. 7. Supply false identities and credentials when necessary. a. Officers will request false identification through Department of Highway Safety and Motor Vehicles or other providers with the written approval of the Chief of Police. B. Determine what funds need to be made available and provide funds within department limits to the undercover personnel. 9. Provide for backup and security, when needed, prior to the start of the operation. a. Depending on the size of the operation, make sure there is a sufficient number of officers available. b. Designate specific officers as back- ups and explain their areas of responsibility. c. Officer(s) designated, as primary take-down officers will be in uniform, absent exigent circumstances. 10. Provide for relief of investigators or teams on prolonged operations. 11. Determine what primary and backup equipment and/or vehicles are needed. 12. Determine what legal problems may be encountered and what action is necessary to resolve them. a. Search warrants will be reviewed for legal sufficiency by the States Attorney's Office. b. Cases involving interpretation of state statute, sensitive or technical issues may be reviewed by the Attorney General's office. D. The operational plan , which is not part of the GULF STREAM POLICE DEPARTMENT -Specialized Investigative Operations SOP # 18.03 case file, will contain what is currently known about the suspect(s) and target areas. This may be accomplished through an analysis of the available information and should include, but is not limited to, the: 1. Suspect(s) activities, habits, vices, occupation, hobbies, and crimes. 2. Suspect(s) work and residential address, including the neighborhood environment using maps, aerial photos, and/or driving in the area, if possible. 3. Known vehicle(s). 4. Family, children, associates, friends and animals anticipated at the site of the operation. 5. Review of FI cards of persons who have had contact with the police. E. The plan of operation and all applicable information will be provided to all members participating in a specialized operation. 1. Information of a sensitive nature may be withheld or distributed in a limited manner at the discretion of the supervisor or investigator in charge, as long as it does not compromise the safety of any involved member. F. Assure the investigator is properly prepared for the assignment. 1. Disguising of members involved in the operation: a. The member best suited for each particular operation will be selected. b. The member will adapt his or her appearance and demeanor as that of the target citizen/victim. V. EXECUTION OF THE SPECIALIZED INVESTIGATIVE OPERATION: A. The supervisor or investigator in charge of any specialized operation will conduct a briefing of all involved parties prior to executing a specialized investigative operation. 1. The supervisor will have prepared an operational plan outlining the objectives, communications, emergency and back-up procedures as well as locations and suspect(s). B. The supervisor or investigator in charge of any specialized operation will notify the shift supervisor, dispatch and/or other appropriate agency, if needed, of the nature of the assignment and the personnel and vehicle(s) involved. 1. The supervisor or investigator in charge may withhold notification if the safety of any involved member or the public may be compromised by the notification. C. Reconnaissance of the area confirming the target location and suspect presence will occur prior to execution of the operation if it can be done without alerting the suspects. 1. The member(s) conducting the reconnaissance will brief the participants of a raid regarding any information that may affect the raid. D. A plan will be developed detailing methods to make contact with the suspect. Contact may be accomplished through: 1. The use of a confidential informant. 2. An undercover officer. 3. An arrest warrant. 4. Any other legal method. E. Safety of the undercover officer is the primary concern of any operation. 1. A sufficient number of surveillance and back up officers is mandatory to minimize the danger to the undercover officer. F. The use of radio frequencies, prearranged secure system of communications and emergency signals are incorporated for the safety of the undercover officer. 1. Methods of communications will be outlined in the operational plan . G. Manpower: Page 3 of 4 GULF STREAM POLICE DEPARTMENT -Specialized Investigative Operations SOP # 18.03 1. The number of officers required for an operation is contingent on: a. Anticipated size of the crowd. b. The number of suspect(s) sought. c. The number of associates known to be in the building or target area. d. Other suspect information. H. Medical assistance will be summoned or treatment given to anyone injured in the execution of the operation. I. The arrest should be planned to occur in an area where the suspect's escape routes are limited and citizen involvement is minimized. J. The supervisor or investigator, prior to Original issue: 07/01/07 Page 4 of 4 arriving at the scene, should determine: 1. Who will search for evidence and contraband. and 2. Who will document and seize the evidence and contraband. K. The supervisor on the scene is responsible to make sure that the specialized operation is fully and completely documented in original and supplemental reports by the members involved, when necessary. Vi. REFERENCE: FSS 934 Security of Communications. SOP # 18.04 Search Warrants. Garrett J. Ward, Chief of Police GULF STREAM POLICE DEPARTMENT -Specialized Investigative Operations SOP # 18.03 APPENDIX A NOT USED AT THIS TIME Page 5 of 4 GULF STREAM POLICE DEPARTMENT -Specialized Investigative Operations SOP # 18.03 Page 6 of 4 GULF STREAM POLICE DEPARTMENT -Specialized Investigative Operations SOP # 18.03 Page 7 of 4 GULF STREAM POLICE DEPARTMENT -Specialized Investigative Operations SOP # 18.03 Page 8 of 4 GULF STREAM POLICE DEPARTMENT -Specialized Investigative Operations SOP # 18.03 Page 9 of 4 GULF STREAM POLICE DEPARTMENT -Specialized Investigative Operations SOP # 18.03 Page 10 of 4 GULF STREAM POLICE DEPARTMENT -Search Warrants SOP # 18.04 SEARCH WARRANTS EFFECTIVE: 07/01/07 I. POLICY: The purpose of this procedure is to establish guidelines for obtaining and executing search warrants. When an officer believes that probable cause exists to search a particular place, vehicle or object, a search warrant, issued by a competent authority, should be sought. The warrant must be executed in such a way that the safety of the assigned officers and the integrity of the department is assured while also preserving the rights of the subjects. II. DEFINITIONS: A. Search Warrant - A court order signed by a judge, supported by oath or affirmation, particularly describing the place to be searched and the person or object to be seized. The search warrant authorizes law enforcement to search and seize evidence as outlined in the warrant and applicable laws. B. High Risk Warrant Execution- A warrant executed at a location where there is a well- founded expectation of danger to the members involved and may require a tactical entry, i.e., armed suspects, aggressive animals, explosive devices, etc. C. Low Risk Warrant Execution- A warrant executed at a location where there is no anticipated danger to the involved members: i.e., vehicle, suitcase, certain residences and businesses, etc. D. Consent to Search- Persons giving consent to search their home, vehicle, personal property, etc., should be asked to complete a Consent to Search (Appendix A) form. Officers are required to advise the consenting party they can rescind their consent to the search at any time. When necessary, members will inform the consenting party of the Miranda warning. If there is any question about the ability of the consenting party to give informed consent, a search warrant should be obtained. III. DRAFTING THE WARRANT: A. Officers will obtain a search warrant pursuant to applicable Florida State Statutes. B. The officer will gather all the pertinent information regarding the evidence or contraband being sought, including, but not limited to: 1. Who will be conducting the search (Affiants); 2. What is to be searched (house, car, suitcase, etc.); 3. The owner of the property, if known: 4. Type of crime; and 5. Establish the probable cause in the search warrant affidavit. C. An Affidavit and Application for Search Warrant (Appendix B) will be completed. The officer must not sign this form until it is presented to the reviewing judge. If the judge finds that the probable cause is sufficient the officer will sign the form in the presence of the judge. D. A Search Warrant (Appendix C) will be completed. E. If the search warrant is to be executed outside the jurisdiction of the Gulf Stream Police Department, the officer and/or affiant will coordinate the application for, and execution of, the search warrant with an officer of the jurisdiction involved. IV. OBTAINING A SEARCH WARRANT: A. When the Affidavit and Application for Search Warrant and the Search Warrant is completed, the affiant will: 1. Notify the Intake Unit of the State Attorney's Office that a search warrant application has been completed and determine if the Assistant State Attorney (ASA) wishes to review it for legal sufficiency. Page 1 of 8 GULF STREAM POLICE DEPARTMENT -Search Warrant SOP # 18.04 2. After normal business hours, the officer can reach the on-call Assistant State Attorney through the switchboard operator at the Palm Beach County Sheriffs Office. 3. After the documents have been reviewed by the Assistant State Attorney for legal sufficiency, the ASA will contact the duty judge for the member. 4. The judge will review the Affidavit and Application for Search Warrant and the Search Warrant itself. a. Affiants are required to have their police identification with them when the search warrant is being reviewed by the judge. b. If the judge agrees that probable cause exists, the judge swears the applying officer and the officer will sign the Affidavit and Application. c. The judge will then sign the Affidavit and Application and the Search Warrant. V. EXECUTION OF A SEARCH WARRANT: A. When the search warrant is obtained, the officer will notify his or her immediate supervisor of the following: 1. That a search warrant has been obtained; 2. The purpose of the search; 3. The time and location where the search is to take place; and 4. Determine if the execution of the Search Warrant is High Risk or Low Risk. a. The supervisor will be responsible for determining appropriate manpower or tactical assistance to execute the search warrant. B. In High Risk situations (and Low Risk, if necessary), the lead officer or affiant will comply with procedures outlined in SOP# 18.03. The lead investigator or affiant will complete the Gulf Stream Police Department Operational Plan, conduct a briefing session with all of the participants, discuss all elements of the search with emphasis on the following factors: 1. Detailed identification of the subject premises, vehicle, or person(s) to be searched. 2. Location of travel routes, entries, and exits. 3. Information regarding the occupants, including the possible presence of children 4. The potential presence of weapons, traps, animals, alarms, and/or any other security devices that might be in operation. 5. Whenever available, blueprints or sketches of the premises, or photographs of the person(s) or vehicles to be searched will be reviewed. 6. Necessary equipment will be obtained and checked, i.e., firearms, protective vests, handcuffs, flex cuffs, entry tools, etc. C. The lead officer or affiant will give members of the briefing a copy of the completed Operational Form. 1. Upon completion of the execution of the search warrant, the officer will submit the original completed form to his or her supervisor for review. The form will be attached to the Offense/Incident Report for record keeping purposes. D. The team leader and/or lead investigator must ensure that all team members are aware of individual assignments and responsibilities: 1. Search leader, 2. Entry team, 3. Search team, 4. Perimeter security, and 5. Cover officers. E. The lead investigator will arrange for additional support assistance, if necessary, i.e., crime scene investigators, photographers, transport officers, etc F. When necessary, uniformed personnel will be present when a search warrant is executed. Some type of identification will be worn by all non-uniform members of the search team so they can be easily identified as police officers. Page 2 of 8 GULF STREAM POLICE DEPARTMENT -Search Warrants SOP # 18.04 VI. CONDUCTING THE SEARCH: A. Due to the diverse situations surrounding the execution of search warrants, the actual conduct of the search team, i.e., the approach, entry, securing of the premises/ persons, etc., will be determined by the team leader on a case by case basis. The paramount considerations are citizen, officer, and suspect safety. B. If, after due notice of the officer's authority and purpose, that officer is refused admittance to the premises or access to anything therein, the officer may forcibly open any door, window or any part of the premises or anything therein to execute the search warrant. C. Once the search location is secure, the team leader will have photographs taken of damage sustained during entry. Pre and post search photographs of the areas searched may also be taken. D. The collection/handling of seized evidence will be done under the supervision of the search team leader. 1. The lead investigator is responsible for directing the scope of the search and the personnel involved in the search. E. Items seized will be logged on the "Inventory and Return" form (Appendix D). 1. The location where the property was seized will be noted. Original issue:07/01/07 F. A copy of the Search Warrant and the Inventory and Return will be given to the defendant or premise's owner. If the person named in the warrant, the property owner, or other adult resident is not present, the search warrant and inventory form will be posted in a conspicuous place within the search location. of the warrant. 1. The Inventory and Return will be completed on every search warrant executed and will be notarized prior to submitting it to the Clerk's Office. 2. A copy of all documents to be returned to the Clerk of Courts will be attached to the Offense/ Incident Report for record keeping purposes. C. Additional copies of the documents will be made as needed for inclusion with the officer's case file and the filing packet for the State Attorney's Office. VIII. • SOP # 18.03 Specialized Investigative Operations • F.S.S. 933 Search and Inspection Warrants. Garrett J. Ward, Chief of Police Page 3 of 8 GULF STREAM POLICE DEPARTMENT -Search Warrant SOP # 18.04 Appendix A CONSENT/ PERMISSION TO SEARCH FORM have been informed by and who made proper identification as (an) authorized law enforcement officer(s) of the (Agency) of my CONSTITUTIONAL RIGHTS not to have a search made of the premises and property owned by me and I or under my care, custody and control, without a search warrant. Knowing of my lawful right to refuse to consent to such a search, I willingly give my permission to the above named officer(s) to conduct a complete search of the premises and property, including all buildings and vehicles, both inside and outside of the property located at The above said officer(s) further have my permission to take from my premises and property, any letters, papers, material or any other property or things which they desire as evidence for criminal prosecution in the case or cases under investigation. This written permission to search without a search warrant is given by me to the above officer(s) voluntarily and without ant threats or promises of any kind, at _ _ _.M. on this day of 20—, At Witness: Address: Signed Witness: Address: Phone # Home Work Phone # Home Work Page 4 of 8 GULF STREAM POLICE DEPARTMENT -Search Warrants SOP # 18.04 Appendix B AFFIDAVIT AND APPLICATION FOR SEARCH WARRANT IN THE (CIRCUIT) (COUNTY) COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR PALM BEACH COUNTY, FLORIDA. THE STATE OF FLORIDA) COUNTY OF PALM BEACH) BEFORE ME, (Circuit) (County) Court Judge In and for Palm Beach County personally appeared this day, who being duly sworn, deposes and says that a certain (vehicle) (premises) located in Palm Beach County, Florida described as follows, to wit: Being the (vehicle owned, registered) (premises) occupied by or under the control of: And there is now being kept in the above described (vehicle) (premises) certain: Which is being kept and used in violation of the laws of the State of Florida; to wit, the laws prohibiting:, F.S.S. That the facts establishing the grounds for this application and the probable cause for believing that such facts exist are as follows: WHEREOF, Affiants make this affidavit and pray to the issuance of a search warrant in due form of law for the search of the above described (vehicle) (premises) for the said property, heretofore described, and for the seizure and safe keeping of the property, subject to the order of this Honorable Court or such other Court having jurisdiction over the offense, by the duly constituted officers of the law. AFFIANT AFFIANT Sworn to and subscribed before me this day of A.D. JUDGE in and for Palm Beach County, Florida ❑ Is personally known to me or ❑ produced identification. Page 5 of 8 GULF STREAM POLICE DEPARTMENT -Search Warrant Appendix C (attach to Affidavit) SEARCH WARRANT In the (Circuit) (County) Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida THE STATE OF FLORIDA} COUNTY OF PALM BEACH} IN THE NAME OF THE STATE OF FLORIDA, TO ALL AND SINGULAR: 8.04 The Sheriff of Palm Beach County, Florida, and his lawful Deputies, All Police Officers in Palm Beach County, Florida, The Commissioner of the Florida Bureau of Law Enforcement or any of his duly Constituted Agents; to -wit: WHEREAS, complaint on oath and in writing, supported by affidavit of a credible witness, or witnesses, to wit: Which is attached hereto and made a part hereof, has this day been made before the undersigned: (County) Court Judge in and for Palm Beach County, Florida, and, WHEREAS, said facts made known to me and considered by me have caused me to certify and find that the facts set forth in said affidavit show and constitute probable cause for the issuance of this warrant and the Court being satisfied of the existence of said grounds set forth in the affidavit and that the laws of the State of Florida have been and are being violated on or in a (vehicle) (premises) known and described as follows, to wit: Being the (vehicle owned, registered) (premises) occupied or under the control of: And there is now being kept in the above described (vehicle) (premises) certain: Which is being kept and used in violation of the laws of the State of Florida, to wit the laws prohibiting: , F.S.S. NOW THEREFORE, you, or either of you are hereby commanded with proper and necessary assistance, in the name of the State of Florida, in the daytime or in the nighttime or on Sunday, to forthwith search the said (vehicle) (premises) hereinbefore specified, for the property specified, and if the same, or any part thereof shall be found in said (vehicle) (premises) then you are authorized and commanded to seize the same and to bring the property and any person arrested in connection therewith before the Magistrate or any other Court having jurisdiction of the offense, to be dealt with according to law, and to forthwith make return of your doings upon executing this warrant, which you are hereby commanded to execute as the law Page 6 of 8 GULF STREAM POLICE DEPARTMENT -Search Warrants directs within ten (10) days from the date thereof. 6Y9]iijir- ZI You are further commanded, in the event that you seize any of the said property hereinbefore described, to make up, at the time and place of the seizure, a full, true and itemized list and inventory of all things seized and taken, in duplicate, signed by you, and to then and there give and deliver the said duplicate copy thereof to the person from whom possession shall be taken, if taken from the possession of anyone, together with a duplicate copy of this warrant, and if not taken from the possession of anyone then to any person in charge of said (vehicle) (premises), and in the absence of any such person, to leave the same on or in the (vehicle) (premises). The original of this warrant, together with the original inventory, shall be returned and filed with the Clerk of the Court as stated above within ten (10) days of the issuance of this warrant. Further, any property seized or taken shall be impounded for use as evidence at anytrial of any criminal or penal cause growing out of the having or possession of said property. WITNESS my hand and seal this day of , A.D., JUDGE of the (Circuit) (County) Court of the Fifteenth Judicial Circuit in and for Palm Beach Page 7 of 8 GULF STREAM POLICE DEPARTMENT -Search Warrant SOP # 18.04 Appendix D INVENTORY AND RETURN STATE OF FLORIDA ) COUNTY OF PALM BEACH) Received this search warrant, Palm Beach County, Florida, this day of . Served the Same by reading and delivering a copy to: and making search as within directed; upon which search I found: #1: #2: #3: #4: #5: #6: #7: I, ID # , of the Gulf Stream Police Department, the officer by whom this warrant was executed, swears and affirms that the above inventory contains a true and detailed account of all the property taken by me under the authority of this warrant. Officer Sworn to and subscribed before me this day of NOTARY PUBLIC NOTE: The original Search Warrant, original affidavit, and the inventory and return must be filed with the Clerk of the Court as stated in the Search Warrant within ten (10) days of the date of issuance of the warrant Page 8 of 8 GULF STREAM POLICE DEPARTMENT -Sexual Battery Investigations SOP # 18.05 SEXUAL BATTERY INVESTIGATIONS EFFECTIVE: 07/01107 I. POLICY: Sexual violence investigations will be actively pursued by the Gulf Stream Police Department. The response will not vary on the basis of the characteristics, status or profession of the victim or suspect or the nature of the relationship between the victim and suspect. The intent of this policy is to reduce the incidence of sexual battery, protect victims, provide them with support through a combination of law enforcement and community services, and promote officer safety. II. PROCEDURES: A. Due to the complex nature of this type of call, dispatch personnel and officers answering the initial complaint must determine whether the complaint is a "freshly reported" incident or an incident, which the victim or reporting party has not immediately reported. 1. "Freshly reported" incidents will be handled as high priority calls. Calls deemed to be delayed will be dispatched as routine calls. B. Even if the sexual violence is no longer in progress, the call will still be handled as a high priority for purposes of assisting the victim and preserving evidence. C. Dispatch personnel will ascertain: 1. The medical condition, 2. The needs and location of the victim, 3. The location and time of the incident, 4. A description of the suspect, 5. Whether the suspect is still present, and, if not, 6. The direction and mode of suspect's travel. D. The victim should be advised by dispatch personnel not to: 1. Change clothes, 2. Wash or shower, 3. Use the bathroom, 4. Drink anything, 5. Comb hair, and/or 6. Disturb anything about the scene. E. Dispatch personnel should never ask the victim whether she or he plans to cooperate with prosecutorial efforts. F. Whenever possible and appropriate, dispatch personnel will stay on the phone with the victim to provide assistance and comfort until an officer arrives. G. If the victim requests an officer of a different gender after the responding officer arrives on scene, one will be dispatched, if available. H. Dispatch personnel will not cancel the law enforcement response to a sexual battery complaint, even if the cancellation request is made by the victim. The dispatcher will advise the officer of the request. III. INITIAL RESPONSE AND VICTIM SUPPORT: A. The initial responding officer(s) will administer first aid if necessary, request medical support, and protect the crime scene. B. Since the victim will often report the crime from a location other than the actual crime scene, the officer will determine the location of the actual site of the crime scene. 1. Determine if the victim was in a vehicle with the suspect either prior to or after the incident. 2. Efforts should be made immediately to locate and secure these other crime scenes. 3. Officers investigating delayed calls will document all facts of the case in the initial report of the incident. When there is evidence to collect, an investigator should be requested to respond and collect all that is relevant. Page 1 of 6 GULF STREAM POLICE DEPARTMENT -Sexual Battery Investigations SOP # 18.05 C. When an interpreter is required, he or she should not be affiliated with the victim or the suspect. D. After ascertaining that a sexual battery occurred, the officer will notify a supervisor. 1. The supervisor will notify dispatch and request an investigator respond. 2. The supervisor will request a rape crisis counselor/victim advocate respond to the scene or other appropriate location for the victim. E. The officer will conduct a preliminary interview with the victim to establish the facts of the reported crime. 1. This initial interview will be limited to those matters necessary to identify the victim, suspect, witnesses, and physical evidence. 2.If there is a request that the interview be conducted by an officer of a different gender, a supervisor should be notified to approve the request and make the necessary change. 3.Requests for the presence of a victim advocate during this interview should be honored, if practical. F. When appropriate, the officer or on -scene investigator will request the victim consent to an initial forensic physical examination, by a physician, emphasizing its importance for her/his physical well-being as well as the investigative and apprehension efforts. 1. Prior to transport, the victim should be advised it might be necessary for clothing to be taken, as evidence and she or he should bring a complete change of clothing, if practical. G. The officer/investigator should conduct a walk through of the scene with the victim prior to taking photographs and collecting evidence. H. When the victim is unwilling to cooperate with the investigation prior to the arrival of the detective, a supervisor must respond and have the victim complete a department Non - Prosecution Form. IV. CRIME SCENE RESPONSIBILITIES: A. The officer or investigator will collect or ensure the collection of evidence. This will include, but not be limited to: 1. Taking photographs of the scene and impounding or processing evidence (e.g., items touched by the suspect, bed sheets, weapons). 2. If the victim has changed her or his clothing since the incident, the officer or detective will impound the clothing worn at the time of the incident handling the clothing in such a way as not to cross contaminate the clothing. V. INVESTIGATOR'S INITIAL A. The investigator, in conjunction with the rape crisis counselor/victim advocate, will attempt to gain the victim's trust and confidence by demonstrating understanding, patience and respect for personal dignity and using language appropriate to the age, educational level and emotional condition of the victim. B. When a physical examination is conducted, the investigator will provide written documentation of the victim's injuries and request that medical or other appropriate personnel take photographs of the injuries that are apparent. 1. If the investigator suspects, or the victim states, that a drug was administered which caused mental incapacitation of the victim, the officer will request a grey -top vial of blood in addition to any other vials being drawn and a urine sample obtained for drug testing analysis. Various tests require vials with different color tops to properly preserve specific samples. Officers/ investigators must be specific when giving their reasons for having a sample tested to ensure proper collection procedures are utilized. 2. The investigator will request the victim sign a release of medical records form (allowing for the release of those records pertaining to the sexual battery). C. When a physical exam is conducted, the officer/detective will impound the exam kit as evidence. Page 2 of 6 GULF STREAM POLICE DEPARTMENT -Sexual Battery Investigations SOP # 18.05 D. The officer will provide the victim with the victim rights brochure as required by law. E. The investigator will not initiate discussion of a complaint withdrawal. If the victim does not wish to prosecute or continue the investigation, the investigator will have the victim sign a department Non -Prosecution Form. F. The investigator will assist in making arrangements for transportation of the victim to a site in the local vicinity at the end of the investigation, if necessary. VI. INITIAL RESPONSE AND REPORT WRITING: A. The primary officer(s) responding to a sexual battery complaint will prepare a written report of the incident. B. The officer(s) will not disregard a complaint due to: 1. Assertion by the suspect that consensual sex occurred; 2. Chemical dependency or intoxication of the parties; 3. Marital status, sexual orientation, race, religion, profession, or cultural, social, or political position of either the victim or suspect; 4. Disability status of the victim (including physical, sensory, cognitive, or emotional disability); 5. Status of the suspect as a law enforcement officer; 6. Current or previous relationship between the victim and suspect; 7. His or her belief the victim will not cooperate with criminal prosecution or the arrest may not lead to a conviction; 8. Occurrence of the incident in a private place; 9. Disposition of previous police calls involving the same victim or suspect; 10. Sexual or criminal history of the victim; 11. Lack of physical resistance; 12. The manner of the victim's dress or behavior; 13. The victim requested the suspect use a prophylactic device; or 14. Assumptions about the tolerance of violence by cultural, ethnic, religious, racial, or occupational groups. C. The officer will maintain a high level of objectivity and ensure that all elements of the crime are contained in the report. VII. FOLLOW-UP INVESTIGATION: A. A investigator/officer will be assigned to conduct the follow-up investigation and all procedures set forth in this policy will be adhered to regardless of the relationship between the victim and suspect. B. In the course of the follow-up investigation, the investigator will: 1. Read and review the original report and all supporting documents, plan the follow-up investigation, coordinate with the necessary personnel and obtain the equipment needed to implement the plan, and maintain ongoing communication with the victim and/or rape crisis counselor/advocate, as appropriate. 2. Determine the need for a more in-depth victim interview. Determine the victim's emotional and physical ability to submit to a second interview and schedule it as soon after the incident as these factors allow. A support person (e.g., rape crisis counselor/ advocate) may be present at the victim or investigator's request. 3. Employ a comfortable interview setting that affords privacy and freedom from distractions so that all necessary information may be obtained. 4. Explain the need for obtaining detailed information concerning the crime to include: a. Specific details of the sex act, b. The suspect's modus operandi, c. The suspect's clothing, Page 3 of 6 GULF STREAM POLICE DEPARTMENT -Sexual Battery Investigations SOP # 18.05 d. Means of restraining the victim and the availability, threat or use of weapons, e. Any words or instructions given to the victim by the suspect, including requests or utterances made during the incident, f. Accent, marks, scars, tattoos, deformities, and/or any physical features noticeable only when the suspect was unclothed, g. Any fetishes of the suspect, and h. Any witnesses, participants, or accomplices who may be described by the victim. 4. Document the victim's actions and expressions during the course of the interview to demonstrate fear in response to the attack, the type of resistance offered by the victim, the nature of any acquaintance with the suspect to include any prior relationships, the physical condition of the victim, and the state of mind of the victim during the attack. 5. Review the victim's account of the event in order to clarify any discrepancies with earlier accounts and to elaborate on issues of significance to the prosecution. 6. Encourage the victim to cooperate with the investigation and efforts to prosecute the case, emphasizing the importance of prosecution for public safety. 7. Apprise the victim of future investigative and prosecutorial activities that will or may require cooperation, but refrain from making other comments about the prosecution of the case. 8. Refer the victim to a rape crisis counselor/advocate if one has not already been assigned. 9. Assist the State Attorney's Office to develop the case. 10. Refer requests for victim protection orders, when appropriate. C. The use of truth verification tests, such as the CVSA, with victims is strongly discouraged. D. The investigator will expeditiously interview any witnesses or any other person(s) having information about the case without revealing any personal information about the victim to these persons. E. If the suspect is known, the investigator will: 1. Construct a photo line-up, if appropriate, 2. Review the criminal history of the suspect, 3. Review open sex crime cases, 4. Confirm the identity and address of the suspect and other involved persons, 5. Consider the appropriate time, place, and setting of the suspect interview, and 6. Interview the suspect. F. If the suspect is unknown, the investigator will: 1. Follow leads to establish the identity of the suspect, 2. Construct a composite and place an alert, if possible, 3. Confer with other agencies and intelligence sources for leads, and 4. Submit information to VICAP (Violent Criminal Apprehension Program), when program criteria are met. VIII. PHYSICAL EVIDENCE: A. Determine if the suspect's hair, blood, saliva, and/or other body fluids are needed for completion of lab analysis. 1. If probable cause exists to obtain hair, blood, saliva, and/or other body fluids from a suspect or to obtain an item of physical evidence from a location in control of the suspect, apply for a search warrant or obtain consent from suspect to obtain or collect the necessary evidence 2. Blood, hair, saliva, and/or other body fluids collection should be accomplished in accordance with the guidelines published by Page 4 of 6 GULF STREAM POLICE DEPARTMENT -Sexual Battery Investigations SOP # 18.05 FDLE and/or the FBI. 3. Only licensed and authorized personnel should collect blood and/or other body fluids. Hair and saliva samples from a defendant should be collected by trained personnel of the same gender as the defendant. B. Review evidence to determine the need for other laboratory procedures such as, but not limited to: 1. DNA typing/serology 2. Micro analysis, 3. Firearm and ballistic procedures, 4. Fingerprint procedures, 5. Laser technology, 6. Photography, 7. Handwriting analysis, 8. Chemical testing, and 9. Forensic dentistry. IX. SUPPLEMENTAL FOLLOW-UP REPORTS: A. The investigating officer will document the steps of the investigation. This will include documenting interviews and any other tasks performed pertinent to the investigation. B. The officer should complete a PBSO Victim Notification form if there is a known suspect. C. The officer should share information related to the investigation with other departments as warranted. X. ARREST PROCEDURES: A. Once the investigation is complete, the investigating officer should do one of the following if probable cause exists and a defendant is identified: 1. Make a probable cause arrest; 2. Obtain a warrant; or 3. Direct file request to the State Attorney's Office. 4. If probable cause exists but the investigation is going to be lengthy (e.g., due to scientific testing), the case should be referred to the State Attorney's Office for consideration of speedy trial factors. B. If there is doubt that probable cause exists, the case should be referred to the State Attorney's Office for review. C. If all investigative leads are exhausted and the suspect is not identified, the case should be filed "inactive." Cases will remain on file and available to be reactivated within the time limitation set forth in Florida Statutes. D. If there is no arrest, the victim will be noted and the reason(s) for not making an arrest will be documented in a supplemental report. XI. OFFICER INVOLVED SEXUAL BATTERY CASES: A. Responsibilities of officer(s) responding to the incident: 1. Immediate action will be taken to ensure the safety of the victim. 2. The responding officer(s) will follow the procedure as previously outlined in this policy. 3. The investigating officer(s), upon discovery the suspect is a law enforcement officer, will request a supervisor respond to the scene. 4. The investigating officer(s) will conduct an investigation under the direction of the supervisor. Should it be necessary to make an arrest, the supervisor will assist in effecting the arrest. 5. Should the incident involve a member of this police department as a suspect or when a member is developed as a suspect, the investigation will be turned over to Palm Beach Sheriff's Office as directed in SOP# 18.01 Criminal Investigations. B. If the relationship between the victim and suspect fits the criteria for a domestic violence investigation refer to SOP # 18.14 Domestic Violence. Page 5 of 6 GULF STREAM POLICE DEPARTMENT -Sexual Battery Investigations SOP # 18.05 C. When a sexual battery arrest is made on a law enforcement officer from another agency, the employing agency will be notified of the arrest as soon as possible following the arrest. XII. REFERENCE: Original issue: 07/01/07 • SOP# 18.01 Criminal Investigations • SOP# 18.14 Domestic Violence Garrett J. Ward, Chief of Police Page 6 of 6 GULF STREAM POLICE DEPARTMENT -Field Interview SOP # 18.06 FIELD INTERVIEW EFFECTIVE: 07101107 I. POLICY: The purpose of this procedure is to establish guidelines for conducting Feld interviews. Field interviews are a source of information for the department and they can discourage criminal activity, identify suspects, and add intelligence information to the files of known criminals. II. DEFINITION: A. Field Interview - The stopping and questioning of a person by a law enforcement officer because the officer has reasonable suspicion the subject may have committed, may be committing, or may be about to commit a crime; the subject may be a hazard; or the interview may have a preventive effect. III. GUIDELINES FOR CONDUCTING FIELD INTERVIEWS: A. A Field Interview should be conducted under the following circumstances: 1. The person contacted is a named suspect in a reported crime, but additional information, such as a current address, is needed to complete an ongoing investigation. 2. The contact is a possible suspect in a crime or his physical description matches the suspect in a specific crime. 3. The contact committed a minor infraction in the officer's presence. Subject was warned and a Field Interview Report was completed in lieu of arrest. 4. The contact was engaged in suspicious activity which caused the officer's attention to be focused upon him or her, including, but not limited to, loitering around closed businesses, erratic driving for no reason, and/or attempting to hide from an officer(s), etc. IV. COMPLETION OF FIELD INTERVIEW REPORT (FIR): A. Officers should make an attempt to obtain identification from the field contacts. B. Officers will complete all applicable sections of the Multipurpose Field Interview Report (FIR) (Appendix A), giving special attention to attire, marks, tattoo's etc.; circumstances for stop and reason given; and other pertinent data, such as personal computer checks, etc. In case of a juvenile, the parent or guardian's name, address and phone number should be written on the form. 1. When an officer is conducting a field interview and determines that the subject fits the criteria of a Criminal Street Gang Member as outlined in FSS 874.03, the officer will also complete the gang section of the FIR. C. In some instances, FIR may be of evidentiary value, such as when a subject is arrested for loitering or prowling after having been interviewed in the area at an earlier time. 1. FIR may also eliminate a suspect thought to be involved in a crime. D. Officers will turn in completed FIR at the end of their shift for review by the shift supervisor. V. FILING OF INTERVIEW CARDS: A. The FIR will be entered into the computer. B. Once entered the FIR will then be forwarded to Administrative Services who will maintain them in accordance with applicable public records laws. 1. Appropriate copies of the FIR will be forwarded by Administrative Services to: a. Investigative bureau; and/or b. Palm Beach Sheriffs Office Gang or SHOCAP Unit(s). Page 1 of 3 VI. EAM POLICE DEPARTMENT -Field Interview F.S.S. 119 Public Records. F.S.S. 901.151 Stop & Frisk. F.S.S 874.03 Criminal Street Gang Member Original issue: 07/01/07 Garrett J. Ward, Chief of Police SOP # 18.06 Page 2 of 3 STREAM POLICE DEPARTMENT -Field Interview 0902G7 I Case No: GULF STREAM POLICE DEPARTMENT Date- FIELD ate_FIELD INTERROGATION REPORT Time: Name: Address: Race: Sex: Ht: Wt: SS# D.O.B. Clothing Worn: Scars, Marks, Tattoos: Veh. Make/ Model: Tag #: D/L # Accomplices: Location of Interview: Reason for Interview: Officer Comments: Other Case Ref. State Eyes: _ Other: Color: Style: Yr: Vin: Hair: State: Exp. Date: Officer P # 18.06 Page 3 of 3 GULF STREAM POLICE DEPARTMENT -Missing Persons SOP # 18.07 MISSING PERSONS EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department has established guidelines for the reporting of missing persons, runaways, abducted persons, juvenile escapees, and juvenile absconders. Although it is not a violation of the law for a person to be missing or to run away, an investigation may be conducted to determine the status and well being of an individual who is missing from his or her present place of residence or who has failed to arrive at an expected destination within a reasonable period of time. This department will not conduct investigations into those cases involving adults missing without unusual or suspicious circumstances or without foul play being suspected. The department will respect the privacy of those located adult missing persons who do not want their whereabouts divulged to individuals, as long as the person is of sound mind and the missing person has not broken the law. A. Absconder (Juvenile) - Any child who leaves any place that he or she has been court ordered to. Note: This may include his or her home or any other place that is documented on the court order. B. Missing Child - Any person less than 18 years whose temporary or permanent residence is in or believed to be in this state, whose location has not been determined and who has been reported as missing to a law enforcement agency. C. Committed (for the purpose of juveniles) - A juvenile who has been committed by the court to a Department of Juvenile Justice (DJJ) facility. D. Court Ordered (for the purpose of juveniles) - A juvenile who has been ordered by the court to reside at a particular place and/or receive treatment at a particular facility other than a DJJ facility. E. Disabled - A person who is physically or mentally incapacitated. This includes a person suffering from Alzheimer's or having signs of dementia. F. Endangered - Anyone who is suicidal, in need of medication, has a medical condition which requires immediate care or in the company of another person who may cause harm to the person. G. Escapee (Juvenile) - Any child who has been lawfully committed to a DJJ facility or is under the control of a staff member of a DJJ facility and leaves without permission or escapes from custody. H. Involuntary - A person who is missing and circumstances indicate the disappearance was not voluntary. I. Missing Person - 1. Any person, without first giving notice of his or her intention to leave, who resides within the Town of Gulf Stream limits and is missing from his or her usual place of residence. 2. A person who is known to have been within the Town of Gulf Stream limits at the time of disappearance and is missing under unusual circumstances. 3. A person missing from a different jurisdiction and believed to be within the Town of Gulf Stream limits when notification is received from another law enforcement agency. J. Runaway - Any juvenile who intentionally leaves his or her legal place of residence in order to be free of control or restraint without the consent of his or her parent or guardian. K. Soecial Interest Codes (SPC) - Codes that are entered into NCIC/FCIC by dispatch at the direction of the investigating police officer/person. These codes will alert the officers who come in contact with a person who should be considered dangerous, violent or has a medical condition (Appendix A). L. Florida Amber Alert- A program to broadcast information immediately when a child who is under 18 years of age; where there is a clear indication of abduction; or if no clear indication of abduction, the investigation concludes that the child's life is in danger and there is a detailed description of the child and/or abductor/vehicle to broadcast to the public (photo when available). The program is not for use for runaways or parental abductions, unless the investigation determines the child life is in immediate danger. (Appendix B) lof 10 GULF STREAM POLICE DEPARTMENT -Missing Persons SOP # 18.07 M. A Child Is Missing- A program to broadcast Information immediately to locate missing children, the elderly, or the physically/mentally challenged. (Appendix B). N. Dementia - A set of symptoms that includes short-term memory impairment, lack of judgment, difficulty with abstract thinking, language difficulties, and confusion of time and place; which can be caused by several reversible and irreversible illnesses. The most common disease that causes dementia is Alzheimer's disease. III. MISSING PERSON REPORTS: A. There is no required waiting period before a person can make a missing person report. B. Missing person reports will be accepted from anyone having pertinent information if the missing person fits into any of the following categories: 1. Missing under unusual or suspicious circumstances; 2. Foul play is suspected; 3. Psychiatric disorders, suicidal, despondent and/or depressed; 4. Physically or mentally challenged; or 5. Overdue travelers. C. An officer may take a report of a missing person from a reporting party who is calling from outside the jurisdiction of the Gulf Stream Police Department and/or is unable to make the report in person because of distance, disability or other extenuating circumstances. 1. Give details why the person is being reported missing, including why the reporting parry believes the person is missing under unusual or suspicious circumstances. 2. The missing person must have last been seen or known to have been in the jurisdiction of Gulf Stream. D. An officer taking the initial report of a missing person will be responsible for ensuring the following information is included in the report: 1. Details why the person is being reported missing, including why the reporting parry believes the person is missing under unusual or suspicious circumstances. 2. The complete name (first name, middle name, surname) and, if applicable, aliases, maiden or former names. The correct spelling of these names should be verified. 3. The missing person's date of birth and means of verification. 4. F.S.S. requires that the City, County, and State of birth be obtained for all missing juveniles for entry into FCIC. 5. A complete physical description of the missing person, including any deformities and unusual or outstanding features, (e.g. tattoos, scars, or missing or chipped teeth.) 6. A complete clothing description, including any type of jewelry the missing person was wearing when last seen, etc. 7. Any type of identification papers the missing person would be likely to carry (e.g., driver license, social security card, credit cards, etc.) 8. The address and telephone number of the missing person and any addresses or locations he or she is known to frequent. 9. Names, addresses and telephone numbers of friends, relatives and associates. 10. Vehicles the missing person owns, drives, or may have access to. 11. If the missing person works, the name, address, and telephone number of the place of employment and the name of his or her supervisor. If the missing person attends a school, the name, address and telephone number of the school. 12. Obtain a recent photo of the missing person. The name and case number should be recorded on the back of the photo. Attach any photographs to the copy of the offense report. The photograph will be scanned by Administration Section and entered into NCIC/FCIC by dispatch. If no photograph is available, it will be noted in the report. 2of 10 GULF STREAM POLICE DEPARTMENT-Missi 13. Attempt to obtain any dental records or a fingerprint card if available or information as to where those records can be obtained 14. The location and time the missing person was last seen and, if available, the mode and direction of travel. 15. If the person was missing previously, obtain the previous case number(s) and the location(s) of recovery, if known. 16. Any habits or hobbies of the missing person. 17. Any suspicious or unusual circumstances surrounding the case (e.g., foul play suspected, etc.) 18. Information about the reporting party as follows: a. Complete name, (first, middle, last and aliases); b. Date of birth; c. Address; and d. Telephone number or other contact number (if none, then a telephone number of a neighbor, friend, or relative who can contact the reporting party immediately). 19. Documentation should be obtained, if available, from the reporting party if it is alleged the person being reported missing is incompetent, court ordered to a facility, has a disability or is physically or mentally challenged. a. If a person is determined to be physically or mentally challenged, the officer will activate the A Child is Missing (Appendix B) program. 20. Provide the names, addresses and telephone numbers of any and all known doctors, hospitals, and dentists who have examined or treated the missing person; a. When a person has been reported missing and has not been located within 30 days after the initial report, the detective bureau will contact the reporting party and request the missing person's fingerprints and dental records. The agency will enter the prints SOP # 18.07 and dental records into NCIC/FCIC for the purpose of comparing to records of unidentified living and/or deceased persons. E. It is the responsibility of the officer taking the initial report to notify the supervisor if any suspicious or unusual circumstances exist or if foul play is suspected which may require immediate attention. F. As soon as possible after gathering all available information, the member taking the initial report will: 1. Provide the case number to the reporting party and the department's telephone number and instruct the reporting party to notify the department of any new developments or if the person returns. 2. Instruct dispatch to broadcast a BOLO to Gulf Stream Police Department units, to issue a BOLO to all Palm Beach County Law Enforcement Agencies and to any other agencies, counties, or states where it is thought the runaway/missing person may be traveling to or through. 3. The officer will have dispatch enter all information into FCIC/NCIC including applicable Special Interest Codes. 4. If a picture of the missing person is available, the picture will be forwarded with the offense report to the Administrative Section, which will scan the photograph and forward to FDLE. a. If a picture of the missing person is available, the detective bureau may utilize the NECMEC Locator system to generate missing persons flyers. IV. LOST CHILD: A. The officer assigned the call will be responsible for gathering information for a report as in a missing person case and to initiate the following actions: 1. Immediately notify the shift supervisor. 2. Determine if additional units or other assistance (e.g., town employees, fire/rescue, canine, helicopter, etc.) will be necessary to assist in the search. 3of 10 GULF STREAM POLICE DEPARTMENT -Missing Persons SOP # 18.07 3. Search the residence (e.g., closets, under beds) and the immediate area of the building where the lost child lives, if applicable. 4. The officer will instruct dispatch to broadcast a BOLO to Gulf Stream Police Department units and surrounding agencies. B. The supervisor will establish a command post from where he or she will direct the operation. The best location is the residence of the lost child. 1. The shift supervisor or designee will as soon as practical activate the Child Is Missing program (Appendix B). C. Ascertain from the parent or reporting party if there is an ongoing divorce or any child custody issues involved. D. If the child is lost in a shopping mall or other large structure, the officer should seek the assistance of security officers and employees of the structure who are familiar with the layout of the building(s). E. The supervisor will determine if Reverse 911 system is to be implemented. V. DISABLED OR ENDANGERED: A. The officer assigned the call will be responsible for gathering information for a report as in a missing person case and to initiate the following actions: 1. Immediately notify the supervisor. 2. Determine if additional units or other assistance (e.g., town employees, fire/rescue, canine, helicopter, etc.) will be necessary to assist in the search. 3.If a person is determined to be physically or mentally challenged, the officer will activate the A Child is Missing (Appendix B) program. 4. If a person is determined to be suffering from Alzheimer's or have symptoms of dementia, the officer will notify the Alzheimer's Crisis Response Service at Alzheimer's Community Care (Appendix B). a. The officer will conduct the initial search of the immediate area including unpopulated areas, fields, woods, ditches, waterways and brush areas. b. Officers will conduct an intense initial search rather than increasing efforts as the investigation proceeds. c. If the initial search is unsuccessful, Officers should conduct additional searches within a mile radius of the last point of contact before expanding the area. d. If the person was operating a vehicle and the vehicle was abandoned, the search should be conducted within a mile radius of where the vehicle was located. VI. RUNAWAYS: A. An officer must respond to the scene where the reporting party is located to take the information necessary to write a report of a runaway only when the person who ran away is a juvenile. 1. A runaway report may be taken from a parent or guardian or staff members from the various juvenile treatment and detention facilities throughout the Town of Gulf Stream. 2. All runaways will be entered into the NCIC/FCIC System, as soon as possible after the report is taken and will remain active until the report that their location and welfare can be ascertained and verified. In addition, a photograph will be obtained as outlined in (III. D-12). 3. Pursuant to FSS, a child who is truant, fails to obey his or her parents, or is a runaway is not delinquent and cannot be lodged in a DJJ facility solely for any of these reasons. B. A juvenile who has run away from a facility where he or she has been court ordered will be classified as a runaway/absconder. 1. In addition to the names, addresses, and telephone numbers of the child parent(s), all pertinent information should be obtained about the facility from which the child absconded. 2. The parent(s) of the absconding child should be contacted, provided with the case 4of 10 GULF STREAM POLICE DEPARTMENT -Missing Persons SOP # 18.07 number, departmental phone numbers, and advised to contact the department if the child returns home or the child is located. 3. The reporting officer will instruct Dispatch to place in the remarks field of the NCIC/FCIC entry, "Juvenile court ordered to (place absconded from). Contact the Juvenile Assessment Center (JAC) if located." 4. Any officer locating a juvenile who is a runaway/absconder should contact the Juvenile Assessment Center to ascertain if the absconder should be taken to JAC, returned to the place absconded from, or returned to a parent/guardian. 5.The facility where the juvenile absconded from may also be contacted to ascertain if the juvenile will be accepted back into that facility. The facility will be responsible for notifying the courts or other appropriate sources. 6. The juvenile may be turned over to the parent(s) or legal guardian, or Safe Harbor Runaway Shelter (Appendix B), if neither JAC nor the facility from which the juvenile absconded will accept the juvenile. 7. Document within the narrative section of the initial report or supplemental report the names of those persons contacted at JAC and/or the facility which the juvenile absconded from. C. The same information and documents for any other missing person report will be included in the offense report. D. The reporting officer/person will instruct dispatch to broadcast a BOLO to Gulf Stream Police Department units, to all Palm Beach County Law Enforcement Agencies and to any other agencies, counties, or states where it is thought the runaway may be traveling to or through. E. The reporting officer/person will instruct dispatch of any special remarks that need to be entered, to include, but not be limited to, any suspicious circumstances, foul play suspected, any special interest codes (SPC) needed, or any other special instructions to be followed if and when the runaway is located. F. Copies of any teletype and photographs should be attached to the report. G. The reporting officer may refer parents/ guardians to the Missing Children Information Clearinghouse (MCIC) (Appendix B) where a report can be filed in addition to the Gulf Stream Police Department report. H. The reporting officer should suggest that the parent/guardian assist in the investigation by alerting friends, relatives, and the school the runaway attends. I. The reporting officer should obtain information on any resources available to the runaway (e.g., bank accounts, cash on hand, credit cards, etc.) VII. PARENTAL ABDUCTION: A. Because of the sensitive nature and exigent circumstances surrounding parental abduction cases, the assigned officer should seek guidance from the supervisor, investigator, and/or the State Attorney's Office. B. The same type of information and documentation necessary for a missing person report will be recorded in a parental abduction and/or child custody case. 1. A photograph of the child will be obtained and processed as outlined in (III D 12) and a photograph of the child abductor will also be obtained or noted in the report if no photograph is available. 2. If it is determined that the child's Iffe is in immediate danger, the officer will activate the Florida Amber Alert (Appendix B). C. The assigned officer will obtain identifying information on the suspected abductor parent or non-custodial parent or person. D. The reporting officer should review documents pertaining to the issue of custody and verify that custody papers in the possession of the reporting parent are authentic and valid. 1. If the custody papers are not certified or registered in Palm Beach County, the reporting parent should be referred to his or her attorney to set up an emergency hearing before a Circuit Court Judge, Civil Division, Family Court and/or contact the State Attorney's Office for any legal opinions. 5of 10 GULF STREAM POLICE DEPARTMENT-Missinq Persons E. Any officer having any legal questions about any matter relating to parental abduction should contact the State Attorney's Office. If the incident occurs after hours, the on-call State Attorney may be contacted through the Palm Beach County Sheriffs Office. F. The officer should attempt to make contact with the abductor parent to verify the child is with the abductor parent or if the abductor parent has knowledge of the child's whereabouts. G. When the reporting officer has obtained information to suspect the child is endangered, the officer will call the Abuse Hotline (Appendix B) to report the incident. 1. Any officer coming into contact with a child believed to be in imminent danger has the lawful authority to take the child into custody until such a time the Department of Children and Families (DCF) can be contacted and an investigation initiated. 2. DCF will determine where the child should be placed once an investigation is initiated. H. After the necessary legal documents are obtained, the officer will follow the guideline set forth described in III. (F.), and 1. Make copies of the documents for the report; and 2. Have the abductor parent's name listed in remarks field of the entry. I. The reporting parent should be referred to his or her attorney for civil action, if criminal prosecution is not desired. The child's name may still be entered into NCIC/FCIC even if criminal prosecution is not desired. J. The State Attorney's Office may request FBI assistance to obtain a UFAP (Unlawful Flight to Avoid Prosecution) warrant if the abductor parent has left the state. K. The investigator will be responsible for the following: 1. The follow-up investigation; 2. Filing the case with the State Attorney's Office if criminal prosecution is desired by the reporting parent; 4101JIZE141 3. Ensuring the missing child was properly entered into NCICIFCIC systems; 4. Having the MCIC Form completed by the reporting parent and sent to FDLE in Tallahassee along with a copy of the custody papers and a recent photo; and 5. Verify the warrant for the abductor parent is properly entered into the NCIC/FCIC system, if issued. VIII. CRIMINAL ABDUCTION: A. The first officer on the scene should obtain preliminary information as follows: 1. Establish the type of incident. 2. Obtain descriptions of the suspect(s) and victim. 3. Obtain vehicle description (if any). 4. Ascertain direction of travel. 5. Instruct dispatch personnel to broadcast a BOLO to all Gulf Stream Police Units. 6. Instruct dispatch personnel to issue a BOLO to all Palm Beach County Law Enforcement Agencies and any other applicable cities, counties and/or states. a. Activate the A Child is Missing (Appendix B) program for the surrounding area(s). b. If the abduction fits the criteria for Florida Amber Alert, contact FDLE and issue the alert. (Appendix B). 7. Notify the shift supervisor and the on-call supervisor of the incident immediately after issuing the BOLO. 8. Ascertain if a ransom demand has been made or if there has been any contact with the abductor(s). 9. Conduct or coordinate a neighborhood canvass to locate witnesses and gather information. 10. Conduct a preliminary interview of all persons in the area at the time the incident occurred; and 6of 10 GULF STREAM POLICE DEPARTMENT -Missing Persons SOP # 18.07 11. Have the abducted person entered into the NCIC/FCIC systems as soon as pertinent information is obtained. 12. The assigned officer will obtain and record the same information and documents as in a missing person report. B. The investigator will complete the following: 1. If the victim is a child, contact MCIC for immediate assistance and complete the necessary MCIC form. 2. Conduct a follow-up investigation. IX. ESCAPEE FROM A JUVENILE FACILITY: A. A juvenile can only be classed as an escapee when he or she leaves a DJJ facility, or the control of a staff member of a DJJ facility to which he or she has been committed. B. The reporting officer will classify the report as a "Runaway/Escapee". C. The report will contain information as in any other missing persons report in addition to the following: 1. Name and title of the reporting staff member. 2. The date and charges for which the juvenile was committed to DJJ and the appropriate DJJ department or employee to contact for follow-up. 3. Names, addresses, and telephone number(s) of the runaway/escapee's parents. 4. Whether the runaway/escapee's parents were notified, and if so, by whom. 5. The control number for the runaway/ escapee's entry into NCIC/FCIC; and 6. That the runaway/escapee should be taken to a juvenile detention center when located. D. The officer will complete the following: 1. Instruct dispatch personnel to enter each runaway/escapee into the NCIC/ FCIC system noting that PC exists for escape from a juvenile facility and to hold & call JAC in the remarks area. 2. Instruct dispatch personnel to broadcast a BOLO to all Gulf Stream Police units and to issue a teletype to all Palm Beach County Law Enforcement Agencies and any other agencies, counties or states where the runaway/escapee lives or may go. 3. If the runaway/escapee is not taken immediately into custody, complete and place a copy of the Rough Arrest and Probable Cause Affidavit in dispatch. Original copies of the Arrest Report and Probable Cause Affidavit will be sent to the State Attorney's Office via Administration Section for warrant filing. 4. Photographs will be obtained and processed as outlined in (III D 12) and a photocopy of the photograph should be attached to the Arrest Report and Probable Cause Affidavit. X. MISSING PERSONS/RUNAWAY FROM OTHER LAW ENFORCEMENT JURISDICTIONS: A. Any officer who locates a missing person/runaway from another jurisdiction will complete a report for recovering a missing person/runaway. B. The report will contain the agency's name, address, telephone number, and the name of the officer who was spoken to from the reporting agency. C. If the located missing person is an adult who does not want his or her location to be made known, and the person appears to be of sound mind and has not committed any violations of the law, the department will respect his or her privacy. This will be documented in the narrative section of the offense report. The originating agency will be contacted by teletype or telephone regarding the location, but will be advised the located missing person does not wish their whereabouts to be divulged. D. When an officer is requested to assist in locating a missing person or runaway from another jurisdiction, but cannot locate the person, the information regarding the assist will be documented in a report or on a case card. The requesting agency will be teletyped or telephoned and notified of the results of the assist by dispatch. 7of 10 GULF STREAM POLICE DEPARTMENT -Missing Persons SOP # 18.07 XI. A. Obtain all necessary information from the reporting officer to ensure the missing person/runaway is properly entered into the NCIC/FCIC systems. This information should include any special remarks, names, telephone numbers and addresses of who to contact if located, and where the recovered person should be taken if located. 1. Dispatch will enter photographs into NCIC/FCIC, after the photographs are scanned by the Administration Section. B. Broadcast a BOLO to all on -duty Gulf Stream Police Department units about all runaways and missing persons. C. Issue a teletype BOLO to all Palm Beach County Law Enforcement Agencies and to other law enforcement agencies in other counties or states, if applicable to the case or upon request of the reporting officer. A copy of the teletype should be attached to the offense report. D. Enter missing person/runaway into NCIC/ FCIC system utilizing any Special Interest Codes (SIC) pertinent to case facts. E. After completing entry into FCIC/NCIC, a person's query will be initiated, compared to actual information entered and attached to the Original issue: 07/01/07 offense report. G. Assign a member to complete a supplement report on any cancellation information either telephoned or teletyped to the Gulf Stream Police Department, providing that sufficient verification of who the canceling party is, can be obtained. All unverified information should be forwarded to the investigator with adequate information to follow-up. H. Notify the investigator if cancellation information is received on a case where foul play or suspicious circumstances exist or if the missing person is found dead. The investigator should be notified during off-duty hours. I. Broadcast to Gulf Stream Police Department units the cancellation information on all runaways and missing persons. J. Issue a BOLO cancellation teletype to all agencies, counties, or states originally issued a BOLO. A copy of that cancellation teletype should be attached to any supplemental report. XII. • F.S.S. CH. 937 Missing Person Investigations. • SOP # 17.04 Supervisor Notification Garrett J. Ward, Chief of Police Sot 10 GULF STREAM POLICE DEPARTMENT-Missina Pers Appendix A SOP # 18.07 It is the member's responsibility to advise the dispatch personnel the following information to be entered into the Missing Persons file. This information will alert the receiving agency of a special medical condition of the Missing person or possible immediate danger to the apprehending officer. The warning will appear in high lights on the screen so dispatch personnel can warn the officer of possible danger. In order to enter a Missing Person into NCIC/FCIC members must first advise dispatch which of the following 5 (five) primary categories the Missing Person is classified under. Primary Categories A. Disabled- A person of any age who is missing and under proven physical/mental disability or is senile, thereby subjecting himself/herself or others to personal and immediate danger. B .Endangered- A person of any age who is missing and in the company of another person under circumstances indicating that his/her physical safety is in danger. C. Involuntary- A person of any age who is missing under circumstances indicating that the disappearance was not voluntary, i.e., abduction or kidnapping. D. Catastrophe Victim- A person of any age who is missing after a catastrophe. E. Other- A person who is missing and declared emancipated as defined by the laws of his or her state of residence and does not meet any of the message criteria set forth in a ,b, c, or d. Additional categories: S - Abducted by a stranger. R - Runaway. N - Abduction by a non-custodial parent. Additional information codes: 00 -Armed and Dangerous 05- Violent Tendencies 10- Martial Arts Expert 15- Explosives Expertise 20- Known to Abuse Drugs 25- Escape Risk 50- Heart Condition 55- Alcoholic 60- Allergies 65- Epilepsy 70- Suicidal 80- Medication required 85- Hemophiliac 90- Diabetic 01 -Other MITSUI GULF STREAM POLICE DEPARTMENT-Missinq Persons SOP # 18.07 Appendix B A. The Salvation Army Missing Persons Service - Southern Territorial Headquarters - Atlanta, Georgia (404-873- 3105). The purpose of this service is to reunite persons who wish to find each other. Usually applications are accepted only for those seeking to locate immediate family members (e.g., mother/father, son/daughter, brother/sister). This service does not include individuals seeking friends; persons behind in debts, alimony or child support; runaways - minors under 18 years of age; adopted children seeking their natural parent(s); genealogical searches; or custody issues. B. Missing Children Information Clearinghouse - Florida Department of Law Enforcement, (1-888-356-4774 or 850-488-5224) M.C.I.C. can assist a parent/or guardian with any missing child, runaway or parental kidnapping case. M.C.I.C. will assist law enforcement and the parent/guardian in the investigation and location of missing children. C. Operation Home Free - The Greyhound Bus Corporation, in conjunction with the International Association of Chiefs of Police (IACP), has established a program, which will provide free transportation home to indigent runaway juveniles who voluntarily request such passage. A law enforcement official or a Florida Department of Health and Rehabilitative Services (HRS) can escort a child to the bus terminal after the originating agency verifies that the child is a runaway and that a release has been signed by the parent or legal guardian. All questions and requests for assistance should be directed to the National Runaway Switchboard, 1-800-621- 4000. D. Quality Inn Program - The Quality Inn Corporation, in conjunction with the National Center for Missing and Exploited Children (NCMEC), has established a program which will provide a free room for a parent or legal guardian of a missing child any time it is necessary in accomplishing the recovery of the missing child. Contact NCMEC at 1-800-843-5678 for assistance. E. Safe Harbor Runaway Shelter - 2908 Broadway, West Palm Beach, (561-833-2400). Safe Harbor can provide shelter to a runaway for any jurisdiction for up to two weeks. The shelter also has counseling for the runaway and the child's parents(s) or legal guardian(s). F. National Center for Missing and Exploited Children (NECMEC) - 9176 Alternate AIA, Lake Park, (561-848- 1900). They will work in conjunction with a law enforcement agency in trying to locate a missing child. They also have the ability to make posters and banners for missing persons. G. Department of Children and Families (DCF) - Intake - Parents/guardians of children who are status offenders (ungovernable, repeat runaways, and any other non -delinquent problems) can be referred to D.C.F. A D.C.F. worker may be assigned to assist the parent/guardian with the matters. Abuse Hotline- 1 -800 -96 -ABUSE or 1- 800-962-2873 H. FLORIDA AMBER ALERT - Call the FDLE Missing Children Information Clearinghouse (MCIC) at 1-888-356- 4774. The Amber alert can only be activated by law enforcement. The FDLE will work in conjunction with the local law enforcement agency of jurisdiction to determine if information is to be broadcast on a regional or statewide basis; will prepare information (i.e., child, suspect and/or vehicle, contact information) for public distribution and FDLE will ensure that the information is broadcast through the Emergency Alert System, Dynamic Message Signs, lottery machines, http://www.missinqchildrenalert.com, and other resources. LA Child Is Missing, Inc. (ACIM) - 1-888-875-2246 or pager 954-492-4778 A program to broadcast information immediately to locate missing children, the elderly, or the physically/mentally challenged. Officers will provide the information by phone and ACIM will send an appropriate message by telephone to the surrounding area by telephone. J. Alzheimer's Crisis Response Service at Alzheimer's Community Care- 24 hour 800-394-1771 Assists with dementia -speck crisis situations. I0or10 GULF STREAM POLICE DEPARTMENT -Sexual Predator Notification & Verification SOP # 18.08 SEXUAL PREDATOR NOTIFICATION & IV. VERIFICATION EFFECTIVE: 07/01/07 I. POLICY: The department has established guidelines concerning the procedure for notifying the public of a Registered Sexual Predator/Offender residing in the Town of Gulf Stream pursuant to Florida State Statues. The Gulf Stream Police Department will make public notification if a sexual predator/offender moves to or relocates within the town. The department will verify the predator/offender is residing at the address furnished by the Florida Department of Law Enforcement (FDLE). It. DEFINITIONS: A. Sexual Predator- The designation of "sexual predator" is made by a court in compliance with criteria set forth in Florida State Statutes. B. Sexual Offender- a person who has been convicted of a felony violation, which is outlined in FSS 943.0435(1)(a), or convicted of a violation of a similar law of another jurisdiction and required to register as an offender. C. Conviction - a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld. III. PROGRAM RESPONSIBILITY: A. It is the responsibility of the Chief of Police to ensure the following procedure is carried out. 1. The Chief of Police or designee will be responsible to, on a weekly basis, contact FDLE Internet site or toll-free telephone number for updates on sexual predators/offenders within the town. 2. The Chief of Police or designee will be responsible for on-site address verifications and submission of data as outlined in V.A.D. A. Sexual Predators Registration: Upon receiving information regarding a sexual predator from the FDLE, the department will provide the information to any individual who requests such information and may release the information to the public in any manner deemed appropriate. B. If the predator has moved or relocated into the Town of Gulf Stream, the public will be notified. C. Notifications: Gulf Stream Police Department. 1. The department will be notified by FDLE, within 48 hours, of the predator registration with the FDLE. a. The department may also receive notification from other sources. 2. Once the department is notified by FDLE of a sexual predator residing or relocating within the town, the department will notify the community. D. Notification: Schools and Public: 1. Information disseminated to the public will include the following. a. The name of the sexual predator; b. A description of the sexual predator including a photograph; c. The sexual predator's current address, including the name of the county or municipality if known; d. The circumstances of the sexual predator's offense(s); and e. Whether the victim of the sexual offense was a minor or an adult at the time of the offense. This paragraph does not authorize the release of the name of any victim of the sexual predator. 2. The department will notify each licensed day care center, elementary, middle, and high school within the Town of Gulf Stream. Page 1 of 2 GULF STREAM POLICE DEPARTMENT -Sexual Predator Notification & VerificationSOP # 18.08 a. The notification will be made by distributing flyers with the required information and a Gulf Stream Police Department Sexual Offender Notification Letter (Appendix A). 3.The department will notify citizens and clubs residing in a two -block radius of the sexual predator's residence. a. The notification will be made by distributing flyers with the required information and a Gulf Stream Police Department Sexual Offender Notification Letter. 4. All police officers are authorized to release information and photographs at crime watch meeting or other community meeting or at any other location or by any other means deemed appropriate by the Chief of Police. E. The Palm Beach County Sheriffs Office (PBSO) retains the responsibility of registering all sexual predators and/or sex offenders in Palm Beach County. 1. If a sexual predator or offender responds to the Gulf Stream Police Department for registration he or she will be directed to PBSO. F. Sexual Offender Registration and Notification: 1. Sexual Offenders will be handled in the same manner as Sexual Predators, as stated above. Original issue: 07/01/07 V. VERIFICATION: A. Florida State Statute mandates that FDLE in conjunction with the department will verify address of sexual predators and offenders not under the control of the Department of Corrections. B. FDLE will mail address verification letters to sexual predators on a quarterly and sexual offenders on an annual basis. 1. FDLE will track responses or lack of responses to the verification letters and make this information available the department. C. The department will conduct on-site residential address verification of sexual predators and sexual offenders not under supervision of the Department of Corrections who fail to respond to a FDLE verification letter. 1. On-site address verifications for sexual predators will be conducted quarterly. 2. On-site address verification for sexual offenders will be conducted annually. D. The Chief of Police or designee will be responsible for submitting sexual predator and sexual offender address verification data to FDLE Sexual Offender Database. VI. • Florida State Statute 775.71 The Florida Sexual Predators Act. • Florida State Statute 944.606 Sex Offenders; notification upon release. Florida State Statute 943.0435 Sexual Offenders required to register. Garrett J. Ward, Chief of Police Page 2 of 2 GULF STREAMPOLICE DEPARTMENT —Photo lineup SOP #18.09 PHOTO LINEUP PROCEDURES EFFECTIVE 03/01/11 I. PURPOSE: The purpose of this General Order is to establish guidelines for the administration of photo lineups in an effort to promote accurate and reliable eyewitness identification and to minimize the possibility of erroneous identifications. This General Order shall apply to all agency law enforcement personnel. II. POLICY The Gulf Stream Police Department recognizes the necessity for the elimination of any unnecessary factor which may influence an eyewitness in the course of the photo lineup process. It is the policy of The Gulf Stream Ridge Police Department that whenever the necessity to conduct a photographic lineup arises, the following procedure will be followed. It is the policy of the Gulf Stream Police Department to use photo lineups in lieu of a live line-up. III. DEFINITIONS: PHOTO LINEUP OR ARRAY: A group of photographs shown to an eyewitness for the purpose of identifying or eliminating suspects. IV. PROCEDURE: A. CREATING THE PHOTO LINEUP 1 1. A photo lineup or array should consist of a minimum of six photographs. The array will include only one photo of the suspect and a minimum of five filler photos. a. If there are multiple suspects in a case, only one suspect should be included in each lineup. b. If there are multiple suspects in a case, each lineup shall contain different filler photos. c. If there are multiple eyewitnesses, the suspect's photo shall be placed in a different position in the array for each witness, to every extent possible. 2. All photographs used should be of individuals who are reasonably similar in age, weight, and general appearance and are of the same sex and race, in accordance with the witness's description of the suspect. 3. All photographs used should have the same background and be of the same size and basic composition. a. No particular photo should stand out in the array. b. Do not mix color and black and white photos. c. No identifying information about the subject should appear on any photo. B. CONDUCTING THE PHOTO LINEUP 1. The photo array created should be placed inside a closed folder which has a written copy of the witness's instructions, as set forth in GULF STREAMPOLICE DEPARTMENT—Photo lineup SOP #18.09 Section IV(B)(2), attached to the front of the folder. a. If reasonably available, it may be preferable to use an individual who is not involved in the investigation or who is not aware of the suspect's identity to administer the lineup. b. If possible, the entire photo lineup identification process, including the verbal instructions, the viewing of the photographs, and the identification or lack thereof should be audio or video recorded. 2. The person administering the lineup should place the closed folder before the witness. Prior to the witness opening the folder, the person administering the lineup should read the following instructions aloud to the witness (in the witness's primary/ native language) and should not engage in any additional commentary: a. You will be asked to view a group of photos of individuals. b. The person of interest may or may not be in this photo array and the photos are not in any particular order. c. You should not feel that you have to make an identification. d. Take as much time as you need to look at each photograph. e. Individuals presented in these photographs may not appear exactly as they did on the date of the incident because features such as head and facial hair are subject to change. f. It is just as important to exclude innocent persons from suspicion as it is to identify the perpetrator. g. The investigation will continue whether or not an identification is made. h. After viewing all the photographs, if you can make an identification, please initial and date 2 the photograph of the person you have identified and close the folder. i. After viewing all the photographs, if you cannot make a positive identification, you may, if you wish, inform me of any photograph that you believe most resembles the person you saw. j. Since this is an ongoing investigation, you should not discuss this photo lineup or the results. k. Please open the folder and review the photo array. 3. Once the instructions have been read aloud, and the witness begins his or her review, the person administering the lineup should either leave the room or stand behind the witness as the array is being viewed and take all reasonable precautions to avoid giving any unintentional cues to the witness. 4. In the event of multiple eyewitnesses, show the photo array to only one witness at a time. Separate witnesses so they will not be aware of the responses of other witnesses. 5. Once the witness has finished viewing the photo array and the folder is handed back, the person administering the lineup should ask if there was a photo of the person observed by the witness. a. If an identification is made, confirm that the witness has initialed and dated the selected photo. If the witness refuses to sign the array, the person administering the lineup shall note the refusal and sign the array accordingly. GULF STREAMPOLICE DEPARTMENT—Photo lineup SOP #18.09 6. The person administering the lineup should not comment on selections or the outcome of the lineup in any way. 7. Following all photo lineups, and whether or not a positive identification is made, the folder (with the instructions attached) and the photo array presented to the witness, should be submitted to the Evidence Unit to be maintained for the criminal case. S. Following all photo lineups, and whether or not a positive identification is made, the person administering the lineup shall file a supplemental report which includes: a. The names of all persons present at the lineup b. The date, time, and location of the lineup c. The source of the photographs used d. Whether an identification was made e. The words used by the witness in any identification f. The reason or basis for any deviation from the photo lineup guidelines V REFERENCE: Florida Innocence Commission 2011 CFA Accreditation Standard 18.15 3 Garrett J. Ward, Chief of Police GULF STREAMPOLICE DEPARTMENT—Photo lineup SOP #18.09 4 GULF STREAM POLICE DEPARTMENT -Computer Voice Stress Analyzer SOP # 18.09 COMPUTER VOICE STRESS ANALYZER (CVSA) EFFECTIVE: (not used at this time E.A.) ACCREDITATION STANDARDS: 18.89, 18.10 I. POLICY: The Lantana Police Department has established guidelines for administering CVSA examinations in conjunction with investigations and pre-employment screening conducted by the department. II. DEFINITIONS: A. Computer Voice Stress Analyzer (CVSA) - CVSA detects, measures and charts the stress in a person's voice following a pre -formatted questionnaire. B. Qualified Examiner - A person who has satisfactorily completed training by a recognized instructor in truth verification and the use of the CVSA. C. Overt Interview - A live interview by a CVSA examiner with a suspect, victim, witness, complainant, or prospective employee. These interviews are conducted with prior knowledge and permission that certain questions will be recorded live and captured by the CVSA for analysis. At the examiner's discretion, all or portions of the interview may be recorded on audio and/or video-tape. D. Structured Interviews - A legally obtained audio tape interview of a suspect, victim, witness, or complainant. The interviews are designed to capture a response to preformatted questions. This taped interview is then analyzed by the CVSA examiner. This may include telephone interviews while obtaining evidence of a criminal act. III. PROCEDURE: A. Responsibilities of CVSA examiner: 1.The CVSA examiner will review the available information pertaining to the case in question prior to administering an examination. 2. The CVSA examiner will conduct the examination within acceptable professional standards. a. The CVSA examiner will determine if a person is suitable for testing prior to administering the examination. Tests are conducted at the discretion of the examiner. b. Children under the age of eighteen must have parental or legal guardian consent prior to testing. The consent must be in writing and in the possession of the CVSA examiner prior to the beginning of the examination. c. No person can be forced or coerced into taking the examination. 3. Any structured interview using the CVSA must be authorized by the Support Services Commander. 4. The Support Services Commander or designee must approve an examination request of another agency or organization prior to conducting the CVSA examination on behalf of the requesting party. 5. All CVSA examiners will maintain a record of all examinations they have conducted. 6. The CVSA examiner will receive a second opinion on examinations from another certified examiner. 7. The CVSA examiner will refrain from examinations that may compromise their integrity. Any tests of friends, relatives or persons the examiner has a relationship with which represent a conflict of interest must be conducted by a neutral examiner. B. Use of CVSA examination for investigative screening: 1. CVSA examinations should be utilized in conjunction with investigative leads and interviews of available suspect(s), victim(s), and/orwitness(s). When practical, both the victim and the accused should be tested for comparison. These results are not to be used for arrest or legal action, but are designed for developing leads and/or obtaining case direction. 2. The CVSA will not be utilized for any person who has been indicted by the grand jury or formally charged for the crime the CVSA is being requested for, unless there is an agreement and stipulation signed by Page 1 of 3 GULF STREAM POLICE DEPARTMENT -Computer Voice Stress Analyzer SOP # 18.09 the person to be examined, his or her defense attorney, and the prosecutor. C. Responsibilities of Officer/Investigator requesting a CVSA examination: 1. The investigator will complete a preliminary investigation and consult with the examiner prior to a CVSA examination being scheduled. The CVSA is a supplement to, not a substitute for, a thorough investigation. 2. The investigator is responsible for notifying the subject of the date and time for the scheduled appointment. 3. The investigator will notify the CVSA examiner immediately if the subject cancels an examination appointment. D. Use of CVSA examination for pre- employment screening: 1. CVSA examinations will be used in the selection process for employment. 2. CVSA examinations will be administered to sworn and non -sworn members having access to restricted areas of the Police Department. This is to ensure the following: a. Suitability, b. Verify accuracy and completeness of information on the application, c. Resolve questions or conflicts arising during background investigation, d. Discover previous criminal or other disqualifying behavior, and e. Deter those seeking to penetrate law enforcement departments for improper purposes. 3. Questions to be asked will be provided to an applicant just prior to and at the location of the tests so applicants can have sufficient time to review and ask examiner questions. 4. The CVSA will not be the single determinant of employment status. However, admissions made before, during or after the examination may be used to show cause. E. Use of CVSA in Administrative Internal Affairs: 1. CVSA examinations maybe administered during criminal or administrative investigations focusing on a sworn officer or civilian member. a. The member must freely volunteer to participate in the examination and sign a voluntary test waiver. This ensures the member's constitutional rights and permits any statements or admissions made during the examination to be admitted as evidence. 2. Civilian complainants or witnesses may be tested with the CVSA in order determine if their complaint, allegation or knowledge of a case is legitimate. These interviews must only be conducted after a voluntary test waiver has been signed. a. In the case of a structured interview (audio- tape analysis), the examiner will receive authority from the Support Services Commander. 3. A CVSA examiner will not administer a test on a police officer without written consent. 4. A CVSA examination will not be the sole determinant of an investigation conclusion. G. CVSA Records: 1. CVSA records may include a waiver of rights, voluntary submission forms, subject information sheet, CVSA graph, and/or statement of results. 2. CVSA records will be maintained for at least a two-year period and/or until any litigation is concluded in the case or issue. 3. The Support Services Commander or designee is responsible for the storage of the CVSA records in a secure area. IV. REFERENCE: • F.S.S. 934 Security of Communications. • SOP #27.01 Professional Standards • SOP # 18.01 Criminal Investigation Page 2 of 3 GULF STREAM POLICE DEPARTMENT -Computer Voice Stress Analyzer SOP # 18.09 Original issue: 9/1/2001 Revised: NEW I.D. # 696 Revision Dales: Garrett J. Ward, Chief of Police Page 3 of 3 GULF STREAM POLICE DEPARTMENT OFFICER INVOLVED DOMESTRIC VIOLENCE SOP # 18.13 OFFICER INVOLVED DOMESTIC VIOLENCE EFFECTIVE 1/3/11 D. Family or Household Member — as defined by F.S. 741. 1.1 POLICY — The purpose of this policy is to E. Intimate Partner of a Law establish uniform statewide guidelines that Enforcement Officer — refers to a provide clear procedures and protocols for family or household member or preventing, investigating, reporting, and dating relationship as defined by responding to domestic violence involving F.S. 741. officers. Officers include all sworn law F. Law Enforcement Officer — as enforcement officers both full-time and defined by F.S. 943.10. part-time. G. Protection Order — as defined by 1.2 POLICY STATEMENT — Public confidence H. F.S. 741. Stalking — as defined by F.S. in officers is important to the Town of Gulf 784.048(2). Stream Police Department's ability to maintain public safety. The public must I. Sworn Employee —includes full - trust that the Town of Gulf Stream Police time, part-time, and auxiliary Officers are held to the standards of the officers as defined in F.S. 943.10. law regarding domestic violence. Therefore, the Town of Gulf Stream Police 1.4 PROVENTION THROUGH Department will: COLLABORATION WITH DOMESTIC A. Employ administrative prevention AND SEXUAL VIOLENCE ADVOCACY strategies to prevent domestic ORGANIZATIONS— violence by it's officers. A. The Town of Gulf Stream Police B. Promptly respond to all allegations Department, whenever possible, of domestic violence by officers will collaborate with local certified according to this policy and all domestic violence centers for applicable laws. mutual benefit. These centers are C. Give primary consideration to a valuable resource and can offer protection of the victim of domestic a wide range of assistance for violence and enforcement of the cross -training, victim assistance, laws. and help in identifying ways to D. Respect the due process rights of reduce domestic violence and all officers, according to applicable sexual violence in the community. legal precedent and collective Local certified domestic violence bargaining agreements programs may be able to assist E. Expeditiously report and conduct supervisory and administrative thorough investigations into any staff with issues relating to the allegation of an officer involved in following: domestic violence. 1. Training on warning signs F. Train officers and seek to educate of officer -involved their families about domestic violence. G. domestic violence and avenues for 2. Development of domestic assistance. violence training curricula. 3. In-service training. 1.3 DEFINITIONS 4. Identification of well-known A. Domestic Violence — as defined by local, state, and national F.S. 741. experts for training, B. Domestic Violence/Rape Crisis meetings, and/or Advocacy Organization or Provider conferences. — refers to a domestic violence B. The Town of Gulf Stream Police center or rape crisis center as Department will provide training, defined by F.S. 39. when requested, to local domestic C. Employee — as defined by F.S. and sexual violence victim 440.02(15) advocacy organizations on the Page 1 of 11 GULF STREAM POLICE DEPARTMENT OFFICER INVOLVED DOMESTRIC VIOLENCE SOP # 18.13 OFFICER INVOLVED DOMESTIC VIOLENCE EFFECTIVE 1/3/11 departments' domestic violence officers to make arrest and policies, procedures, and offer protection and protocols. assistance, including C. The Town of Gulf Stream Police guidelines for making Department will identify and felony and misdemeanor collaborate with other local arrest. advocacy groups that regularly 3. Techniques for handling assist victims. When the Town of incidents of domestic Gulf Stream Police Department is violence that minimize the aware of and work with community likelihood of injury to the resources and advocacy officer and that promote organizations, we will help connect safety of the victim. victims, families, and children with 4. The Dynamics of domestic appropriate services. Whenever violence and the possible, the Town of Gulf Stream magnitude of the problem. Police Department will establish 5. The legal rights of, and and maintain ongoing relationships remedies available to, with the following: victims of domestic 1. Domestic and sexual violence. violence organization 6. Documentation, report advocates; writing, and evidence 2. Shelter staff; collection. 3. Hotline crisis workers; 7. Tenancy issues and 4. Social service providers domestic violence. (such as homeless 8. The impact of law coalitions, emergency enforcement intervention shelter food banks, and in preventing future hospitals or other violence. emergency medical 9. Special needs of children providers); at the scene of domestic 5. Victim witness personnel; violence and subsequent 6. Coordinating impact on their lives. councils/coalitions; and 10. The services and facilities available to victims and 7. Others knowledgeable batterers. about the challenges 11. The use and application of facing domestic violence sections of the Florida victims. Statutes as they relate to domestic violence 1.5 TRAINING AND EDUCATION situations. A. The Town of Gulf Stream Police 12. Verification, enforcement, Department will ensure that all and services of injunctions their officers have training in the for protection when the following topics related to domestic suspect is present and violence: when the suspect has left. 1. The duties and 13. Emergency assistance to responsibilities of law victims and how to assist enforcement in response victims in pursuing to domestic violence calls, criminal justice options. enforcement of 14. Working with injunctions, and data uncooperative victims, collection. when the officer becomes 2. The legal duties imposed the complainant. on law enforcement B. Training specific to Officer - Page 2 of 11 GULF STREAM POLICE DEPARTMENT OFFICER INVOLVED DOMESTRIC VIOLENCE SOP # 18.13 OFFICER INVOLVED DOMESTIC VIOLENCE EFFECTIVE 1/3/11 Involved Domestic Violence: In addition to training, the Town o f Gulf Stream Police Department will ensure that all officers take prevention training that is specific to the issues of officer -involved domestic violence. Such training should include: 1. The dynamics of officer - involved domestic— violence, including misuse of authority, power and control, and surveillance that the officer will not be held accountable for his/her actions. C. Information and Resource Materials for Officer Family Outreach. The Gulf Stream Police Department is also encouraged to make available information and resources related to domestic violence to the families/spouses/partners of officers. Below are a few ways to disseminate such information, but the Gulf Stream Police Department will retain the discretion to use methods they deem are the most safe and appropriate: 1. Posting the domestic violence hotline number. 2. Posting the phone number of the local domestic violence and sexual assault hotline number on the agency website. 3. Designating a specific supervisor as the officer whom family members can contact with concerns about escalating violence or other dynamics of abuse. 4. Disseminating written information (for example, in new employee packets or agency -wide with other general mailings). 1.6 SCREENING AND INTERVIEWS A. Pre -Hire Screening and Investigations. While it is recognized that all agencies are required to and do perform a background check of all new lateral and entry-level applications, the Gulf Stream Police Department will make reasonable inquiries to determine whether or not the applicant has been Page 3 of 11 techniques. 2. Information about available employee - assistance programs or local resources that can help officers before violence escalates. 3. How to recognize potential indicators of domestic violence behavior by law enforcement officers. 4. How to investigate or document information on indicators of potential abusive officer behavior. 5. How to notify the immediate ranking supervisor who will inform the chief of police in accordance with the agencies chain of command. 6. The consequences of officer -involved domestic violence. 7. Special consideration of victim safety and confidentiality. 8. Information about programs for victim s and batterers. 9. Understanding why a victim's fear of a perpetrator may make the victim (whether civilian or officer) afraid to cooperate with responding officers. This includes, but is not limited to, a victim's fear that a perpetrator's status as an officer may mean that the officer will not be held accountable for his/her actions. C. Information and Resource Materials for Officer Family Outreach. The Gulf Stream Police Department is also encouraged to make available information and resources related to domestic violence to the families/spouses/partners of officers. Below are a few ways to disseminate such information, but the Gulf Stream Police Department will retain the discretion to use methods they deem are the most safe and appropriate: 1. Posting the domestic violence hotline number. 2. Posting the phone number of the local domestic violence and sexual assault hotline number on the agency website. 3. Designating a specific supervisor as the officer whom family members can contact with concerns about escalating violence or other dynamics of abuse. 4. Disseminating written information (for example, in new employee packets or agency -wide with other general mailings). 1.6 SCREENING AND INTERVIEWS A. Pre -Hire Screening and Investigations. While it is recognized that all agencies are required to and do perform a background check of all new lateral and entry-level applications, the Gulf Stream Police Department will make reasonable inquiries to determine whether or not the applicant has been Page 3 of 11 GULF STREAM POLICE DEPARTMENT OFFICER INVOLVED DOMESTRIC VIOLENCE SOP # 18.13 OFFICER INVOLVED DOMESTIC VIOLENCE EFFECTIVE 113111 criminally investigated, such concern should arrested or convicted of warrant close examination elder abuse, child abuse, of the applicant's domestic violence, animal qualifications, especially in abuse, dating violence, light of the significant stalking, and/or sexual stressors that accompany assault -related incidents. officer's responsibilities. 2. Inquiries will be made as to whether or not the applicant has ever been the subject of an injunction proceeding or C. Post -Hire Intervention. administrative action for 1. When new officers are elder abuse, child abuse, hired, the Gulf domestic violence, animal 2, Stream Police Department abuse, dating violence, will reach out to their stalking, and/or sexual intimate partners/family assault -related incidents. members to introduce this 3. In light of the significant policy and other relevant stressors involved in the agency policies. performance of the duties 3. The Gulf Stream Police of an officer and the risks Department will engage in of hiring a person with a periodic outreach to history of violence/aggression, officers and their intimate agencies should exercise partners/family members with information on this caution in an employment policy, the point of contact determination if the background check of an within the agency and applicant reveals incidents referrals for local support of violence or abuse. Such services. incidents should warrant further review and 1.7 RESPONSIBILITIES OF THE OFFICER, examination of the SUPERVISOR. AND AGENCY applicant's qualification for A. Officer Responsibilities: an officer position with the 1. Officers are encouraged to agency. take personal B. Post -Conditional Offer of responsibility in seeking Employment. confidential referrals and 1. Agencies are not required assistance from the under Florida Law or agency to prevent a Florida Administrative problem from escalating to Code to conduct the level of criminal psychological evaluations conduct against an of candidate officers; intimate partner. however, if an agency 2. Officers who engage in the does conduct such following actions may be evaluations, the screening subject to investigation should include a focus on and disciplinary action: any indications of abuse or a) Failure to report violent background or first hand or well - tendencies. founded 2. If a psychological knowledge of evaluation reveals concern abuse or violence about violence or abuse, committed by a Page 4 of 11 GULF STREAM POLICE DEPARTMENT OFFICER INVOLVED DOMESTRIC VIOLENCE SOP # 18.13 OFFICER INVOLVED DOMESTIC VIOLENCE EFFECTIVE 1/3/11 fellow officer to a investigation and supervisor.. disciplinary action. b) Failure to B. Supervisor Responsibilities: cooperate with a 1. Supervisors should be law enforcement aware and, when officer domestic appropriate, document any violence case pattern of abusive (except in the behavior potentially case where that indicative of an officer's officer is the possible domestic violence victim). including but not limited to C) Interference with the following: cases involving 8) Aggressiveness themselves or 1) Excessive fellow officers. and/or d) Intimidation/coerci increased on of witnesses or use of victims (Le, force on surveillance, the job. harassment, 2) Unusually stalking, high threatening, or incidence falsely reporting), of physical 3. Officers who learn they are altercation the subject of any criminal s and investigation, regardless of verbal jurisdiction, are required to disputes. make a report to their 3) Citizens supervisors and provide and fellow notice of the court dates, officer times, appearances, and complaint proceedings in a timely s of fashion as determined by unwarrant the agency. Failure to do ed so may result in aggressio investigation and n and disciplinary action. verbal abuse. 4. Officers who learn they are 4) Inappropri the subject of any ate protective order treatment proceedings, whether or of not the order is issued and animals. regardless of jurisdiction, 5) Unexplain U should immediately notify their supervisor and ad provide a copy of the increase order, If issued. Subject to frequency a qualify protection order, of on -or - the officer should off-duty surrender all firearms officer unless the order allows for injuries. possession of the primary b) Domestic service weapon. Failure to violence -related do so may result in issues. Page 5 of 11 GULF STREAM POLICE DEPARTMENT OFFICER INVOLVED DOMESTRIC VIOLENCE SOP # 18.13 OFFICER INVOLVED DOMESTIC VIOLENCE EFFECTIVE 1/3/11 1) Monitoring document all and contacts. controlling b) Forward written any family reports capturing member the behaviors to or intimate the appropriate partner agency official through through the chain such of command in a means as timely manner. excessive phone C) Prepare and calling. submit to the 2) Stalking appropriate or agency official a inappropri written request for ate a psychological surveillan exam/counseling ce of any by a intimate psychologist/psyc partner or hiatrist/licensed family mental health member. professional who 3) Frequent is knowledgeable or about domestic repeated violence or a incidents request that the of agency official discreditin direct the officer to g and/or seek assistance disparagin via the Employee g an Assistance intimate Program (EAP) to partner or access a certified family program for member. batterers, and if C) Deteriorating work such a program is performance not available, a 1) Tardiness counselor 2) Excessive knowledgeable absences about domestic 3) Alcohol violence. C. and drug Agency Responsibilities: abuse 1. The agency should inform 2. When the supervisor all civilian and sworn employees of the type and notes a pattern of extent of services offered problematic behavior (as by the contracted detailed above), the Employee Assistance supervisor should: Program (EAP) for a) Address the employee -initiated behavior through a counseling and other review or other similar assistance. This contact with the information should include officer and relevant services for Page 6 of 11 GULF STREAM POLICE DEPARTMENT OFFICER INVOLVED DOMESTRIC VIOLENCE SOP # 18.13 OFFICER INVOLVED DOMESTIC VIOLENCE EFFECTIVE 1/3/11 preventing and ending victimization and perpetration of domestic violence. 2. Agencies are encouraged to contract with EAPs that include professionals trained in domestic violence dynamics who are equipped to make appropriate referrals in domestic violence cases. At a minimum, the EAP should be able to provide the employee and/or family member with referrals to the local domestic or sexual violence advocacy organizations or providers (including certified domestic violence center, certified rape crisis center, and Batterer's Intervention program providers). 3. If the agency administrators or supervisors suspect that an officer is a victim of domestic or sexual violence, the agency may offer support and inform the officer about all existing EAPs and available services for counseling, including services offered by a domestic violence or sexual assault advocacy organization, and that if the officer seeks such assistance it is confidential. However, the agency should not compel a victim to acknowledge that he/she is a victim, to seek assistance or to cooperate in any investigation against his/her abuser, and a victim's employment should not be impacted in any way by his or her decision to seek or decline assistance. 4. In response to observed escalating, threatening, or other problematic behaviors, or at the request of the employer or family member of an employee, the agency should provide specific information about confidential counseling or assistance programs and may offer or recommend intervention services to employees before an act of domestic violence occurs. If domestic violence is suspected, referral to a domestic violence or sexual assault advocacy organization or provider as described above in 2c is critical. 5. A disclosure on the part of any officer, intimate partner or family member to any member of the agency that an officer has personally committed domestic violence will be treated as an admission or report of a crime and should be investigated both administrative and criminally. 6. Agencies should anticipate that an investigation of a sworn employee may be necessary for a domestic violence crime. Thus, agencies should develop a plan to have an agency point of contact to assist victims, both for internal and for criminal investigations. For internal investigations, agencies should be able to provide victims with a description of the internal affairs process, including how long it may take, the victim's role in the investigation, and what the victim can expect to occur Page 7 of 11 GULF STREAM POLICE DEPARTMENT OFFICER INVOLVED DOMESTRIC VIOLENCE SOP # 18.13 OFFICER INVOLVED DOMESTIC VIOLENCE EFFECTIVE 113111 during the process. investigating agency's 7. As required by F.S. 741.29 policies governing the for all victims of domestic handling of all reports of violence, the agency shall domestic violence by provide victims of citizens. domestic violence by 2. The on -scene supervisor agency employees contact should forward a copy of information about public the report alleging and private nonprofit domestic violence by the domestic violence services officer to the agency head and information regarding through the chain of relevant confidentiality command. In the event the policies related to the report of domestic victim's information. violence is alleged to have 8. The agency should been committed by the provide for an impartial agency head, prompt administrative notification should be investigation and made to the office that appropriate criminal appointed the agency investigation of all acts of head or to the State domestic violence Attorney's Office as allegedly committed by a appropriate. sworn employee. 3. Follow up contact with the Administrative victim should be initiated investigations may be by the victim advocate unit conducted by the or a ranking officer of the employing agency or investigating agency in a through agreements with timely manner during the other law enforcement initial investigation. As agencies. permitted by law, contact 9. Whenever any agency should be maintained becomes aware that it has throughout the criminal made a domestic violence- and administrative related arrest of an officer investigation for the from another agency, the purpose of: arresting agency should a) Providing notify the employing information agency of the arrest, the regarding safety specific charge, and the planning and local time of the arrest as soon domestic violence as practically possible. victim services. b) Providing copies of all incident 1.8 INCIDENT RESPONSE PROTOCOL reports at no cost. A. Agency -Wide Response C) Advising the victim 1. All reports of possible of all criminal activity implicating developments officers as alleged d) Advising the victim perpetrators in domestic that if there is any violence should be violation of an documented and injunction, forwarded to the local harassment, certified domestic violence violence or the center in accordance with threat of future F.S. 741.29(2), and the violence, such Page 8 of 11 GULF STREAM POLICE DEPARTMENT OFFICER INVOLVED DOMESTRIC VIOLENCE SOP # 18.13 OFFICER INVOLVED DOMESTIC VIOLENCE EFFECTIVE 1/3111 Page 9 of 11 behavior should responding officer should immediately be immediately notify reported to the law dispatch and request that enforcement a supervisor report to the agency in the scene, regardless of the jurisdiction where involved officer's it occurred, and it jurisdiction. should also be 2. Responding officers shall reported to the perform the following agency's follow up actions in accordance with contact designee. F.S. 741.29, Florida B. Communications Response: Statutes: 1. Communications a) Obtain needed officers/dispatchers should medical be instructed to assign a assistance. high priority to all domestic b) Address violence calls, including immediate safety those that involve or of all parties appear to involve an involved. officer from any agency. C) Secure the scene 2. Communications and preserve officer/dispatchers should evidence. immediately notify the d) Make an arrest if supervisor on duty and the probable cause dispatch supervisor of any exists. domestic violence call e) Provide the victim received that involves, or appears to involve, an with a copy of the officer, regardless of the legal rights and involved officer's remedies notice. jurisdiction. f) Assist the victim if immediate access 3. Communications is requested to officers/dispatchers should local domestic prepare and preserve violence victim advocacy documentation of the facts and circumstances of the organization. call, including the 911 g) Document the tape, for use in potential incident in a administrative or criminal written report, investigations. whether or not an 4. Communications arrest is made, officers/dispatchers should which includes: make contact with local A domestic violence victim descriptio advocacy organizations, if n of necessary, to facilitate physical immediate delivery of injuries services if requested by observed, the victim. if any. C. On -scene Patrol Officer Response: 2) The 1. Upon arrival on the scene grounds of a domestic violence call for not or incident involving an making an officer, the primary arrest or Page 9 of 11 GULF STREAM POLICE DEPARTMENT OFFICER INVOLVED DOMESTRIC VIOLENCE SOP # 18.13 OFFICER INVOLVED DOMESTIC VIOLENCE EFFECTIVE 1/3/11 Page 10 of 11 for personal and workplace making violence. The agency more than supervisor should offer the one victim all available arrest. services, including EAP 3) The fact information, and the that a contact information for the copy of local certified domestic the legal violence center. However, rights and no supervisor should remedies compel any victim to utilize notice such services. was given 4. If the involved party is an to the officer from another victim. agency, the on -scene 3. The written incident report supervisor should ensure should be submitted to the that the officer's employer reporting officer's is notified as soon as supervisor prior to the end possible following review of the officer's shift. of the incident or arrest D. On -scene Supervisor Response report. and Additional Critical 5. Considerations. 1.9 WEAPONS POLICY 1. A patrol supervisor should A. The Gulf Stream Police respond to the scene of Department policy regarding an any domestic violence officer's possession of a weapon incident investigated within while under a temporary or final the agency's jurisdiction order of injunction or following that involves an officer his/her conviction for domestic (regardless of whether the violence will be consistent with officer is a victim or a state and federal laws and suspect), even if the applicable court orders. officer is from another jurisdiction. 1.11 VICTIM SAFETY AND PROTECTION A. Agencies should establish 2. If the accused is employed relationships with certified by the investigation domestic violence centers, agency, the on -scene advocacy groups/organizations, supervisor should make and other resources in their appropriate notifications community to enable them to refer consistent with agency victims and their children to policy for an employee appropriate services, including suspected of or arrested linguistically and culturally for criminal activity. appropriate services. 3. If the victim is employed B. Each agency should designate a by the investigating principal contact person for the agency, the on -scene victim whose responsibility should supervisor should notify be to inform the victim of the the victim's supervisor as agency's confidentiality policies soon as possible. This and their limitations, and ensure involvement of a that victim confidentiality, including supervisor is intended to the location of the victim if the supportive, and not victim has moved to a "safe place," punitive. It is also offered is maintained throughout the case. to help prevent further The designated principal contact Page 10 of 11 GULF STREAM POLICE DEPARTMENT OFFICER INVOLVED DOMESTRIC VIOLENCE SOP # 18.13 OFFICER INVOLVED DOMESTIC VIOLENCE EFFECTIVE 113111 Garrett J. Ward, Chief of Police Page 11 of 11 should advise the victim of the 1.11 POST INCIDENT ADMINISTRATIVE availability of the Statewide INVESTIGATION PROCESS AND Domestic Violence Hotline, local CRIMINAL DECISIONS certified domestic violence center A. The agency should observe all or other domestic violence other appropriate policies and advocacy groups/organizations to procedures generally applicable to receive safety planning, shelter, investigation of allegedmisconduct. legal advocacy, children's The agency should services, and identify other needs. respect the rights of the accused C. employee under applicable law. All officers should understand the B. Administrative investigations potential for victim/witness should be conducted through the intimidation or coercion by the agency professional standards perpetrator, and the increased function or by an outside agency danger when the victim reports the as directed by the chief of police. domestic violence and/or leaves C. an abusive partner Where sufficient information D. If an officer suspects or the victim exists, the agency should make reports perpetrator intimidation or appropriate restrictions to coercion, the officer should assignments, law enforcement prepare a written report and powers, building and records submit it immediately to the access and consider investigator in charge of the case administrative reassignment through the chain of command. and/or leave. The investigator in charge should D. In determining the proper course seek out secondary sources of of administrative action, the information and supplemental agency may consider consulting evidence to confirm intimidation or with treatment professionals and coercion. reviewing such factors as the E. The agency should develop a employee's past conduct and policy for instances when an officer history of complying with agency is arrested for domestic violence. rules. Where appropriate, the policy E should provide for the relief of the Agency personnel may be accused officer's agency -issued ordered to under o fitness firearms and weapons. for duty evaluation or Additionally, the policy should assessment prior to any recommend that an inquiry be disposition, depending on made of the victim as to whether circumstances and in he or she would like any other accordance with agency policy, weapons removed from the home applicable collective bargaining for safekeeping by the agency. agreements, and civil service F. To the extent permitted by law, the standards. officer(s) conducting the administrative and criminal investigations should keep the victim informed about the progress of the investigations in an effort to address the victim's needs and safety concerns during disposition of the case. Garrett J. Ward, Chief of Police Page 11 of 11 GULF STREAM POLICE DEPARTMENT OFFICER INVOLVED DOMESTRIC VIOLENCE SOP # 18.13 OFFICER INVOLVED DOMESTIC VIOLENCE EFFECTIVE 1/3/11 Page 12 of 11 GULF STREAM POLICE DEPARTMENT OFFICER INVOLVED DOMESTRIC VIOLENCE SOP # 18.13 OFFICER INVOLVED DOMESTIC VIOLENCE EFFECTIVE 113111 Page 1 of 1 GULF STREAM POLICE DEPARTMENT -Domestic Violence SOP#18.14 DOMESTIC VIOLENCE D. PETITIONER FOR AN INJUCTION EFFECTIVE DATE: 07/01/07 FOR PROTECTION AGAINST DOMESTIC VIOLENCE -Any family I. Policy: The Gulf Stream Police or household member who is the Department investigates all allegations victim of any of domestic violence of domestic violence as defined in or has reasonable cause to believe F.S.S. The objective of this procedure he or she is about to become the is to reduce the incidence and severity victim of any act of domestic of domestic violence, protect victims of violence domestic, provide them with support through a combination of law E. RESPONDENT -Spouse or former enforcement and community services, spouse of the petitioner or any and promote officer safety by ensuring other person who is or was residing that all officers are fully prepared to within a single family dwelling unit effectively deal with domestic violence with the petitioner as if a family, or a calls. Domestic violence investigations person with whom the petitioner will be actively pursued and an arrest is has a child in common, regardless the preferred response when probable of whether the petitioner and cause exists. respondent are or were married or residing together as if a family. II. Definitions: F. EX -PARTE HEARING- A hearing A. DOMESTIC VIOLENCE - Any conducted by the court in which assault, aggravated assault, only verified pleadings or affidavits battery, aggravated battery, are used as evidence, unless the stalking, kidnapping, false respondent appears at the hearing. imprisonment, or any criminal offense resulting in physical injury III. DISPATCH PROCEDURES: or death of one family or household member by another who is or was A. Whenever dispatch receives residing within a single dwelling notification of a domestic incident, unit. police unit(s) will be dispatched. B. FAMILY OR HOUSEHOLD MENBER-Spouses, former 1. Based on the information spouses, persons related by blood available, the dispatcher will or marriage who are presently prioritize the domestic call in the residing as if a family or who have same manor as any other call resided together in the past as a following the current approved family, and persons who have a law enforcement response child in common regardless of procedures. whether they have been married or have resided together at any time. 2. Whenever possible, two (2) officers will be dispatched to a C. COVERED RELATIONSHIP - scene. Persons related by blood or marriage and persons who are 3. In addition to information biological parents of the same normally gathered, an effort child. This includes same gender and non -marital relationships w ill be made to determine the because it is the condition of following and relay it to officer "residing together as if a family' that (s) responding to the call: is controlling, not specks of the a. Whether there is a need for sexual relationship between the parties. medical treatment. b. The suspect's actions against the victim. Pagel of 14 GULF STREAM POLICE DEPARTMENT -Domestic Violence SOP # 18.14 IV. INITIAL CONTACT: c. Whether the suspect is present and, if not, the suspect's name, A. The responding officer(s) will description, and possible approach the scene of a domestic whereabouts. dispute as one of high risk. d. Whether weapons, dangerous B. The officer will obtain all animals or other threats to officer available information from dispatch safety are present at the scene. before arriving at the scene and will the responding officer of any request to notify dispatch upon arrival. e. Whether the offender is under to ensure the safety of all persons the influence of alcohol or other C. Initial contact: drugs. but not be limited to,: 1. The responding officer(s) f. Whether anyone else, including should identify themselves as children, is present at the scene. police officers, explain the reason for their presence and g. Whether the victim has a current request entry into the home. If injunction or equivalent order. refused entry, the officers should be persistent about seeing and h. The complaint history at the speaking alone with the victim. If location. access to the person is refused, the officer should request the 4. Dispatch personnel will not ask the dispatcher attempt to contact the victim whether he or she plans to victim by phone. participate in any subsequent prosecution. 2. If access is still refused, officers must consider the totality 5. When the crime is in progress. of the circumstances to Dispatch personnel will attempt to keep determine if any emergency the complainant on the phone provided exists which would justify an the victim is not in immediate danger. If immediate entry of the premise the victim cannot remain on the phone, to determine the safety and the dispatcher should attempt to call welfare of the occupants. The back periodically to check on the assistance of the shift supervisor progress of the event and relay this should be requested as time and information to responding units. circumstances permit. 6. Dispatch personnel will not cancel a V.ON-SCENE INVESTIGATION police response to a domestic violence complaint. The dispatcher will advise A. The initial actions of the the responding officer of any request to responding officer(s) should be cancel the response. to ensure the safety of all persons at the scene. This will include, but not be limited to,: Page 2 of 14 GULF STREAM POLICE DEPARTMENT -Domestic Violence SOP#18.14 1.Taking possession of all range of one another. involved weapons that pose investigation domestic incidents will an immediate threat at the 1. When witnesses provide any scene. information about prior incidents, the emergency medical officer will document such incidents to 2. Separating the victim establish a pattern. from the suspect occurred. Where appropriate, children physically, verbally, and, 2. Children should be interviewed in a if possible, visually. When manner appropriate to the children's possible, officers should age. Signs od trauma and any apparent maintain visual contact healing of abuse wounds on the child with one another. should be noted by the officer. If signs children and others at the of abuse and/or neglect are notedn 3.Controlling and removing standard procedures for juvenile cases the suspect when must be followed. If immediate medical immediate arrest is attention is needed, emergency medical warranted. assistance must be requested. 4. Assessing the severity of 3. Officers responding to and injuries to parties and investigation domestic incidents will administering first aid identify all children within the family and/or requesting unit, especially any and all children emergency medical under 16 years if age present at the assistance. crime scene when the incident occurred. Where appropriate, children 5. Inquiring about the should be interviewed and checked for nature of the dispute. possible injuries. All evidence relating to the presence of a child during a 61ocating and checking domestic incident will be included in on the welfare of any the Offence Report. children and others at the scene. C. When communication is hindered by special needs, i.e. hearing impairment or language 7. Identifying all barrier, the officer will request the appropriate occupants/witnesses on the resources be made available at the scene or via premises. telephone. 8. Separating occupants/witnesses from D. Determine if the relationship is "domestic" the victim and the accused. (as defined by F.S.S.) and what crime occurred. B. The officers should interview all E. Determine and note nature and extent of all parties as fully and as soon as injuries. circumstances allow, including children and neighbors as appropriate. F. Ascertain whether a female victim is These persons should be interviewed pregnant and whether and how the suspect was separately and out of visual/hearing aware of her condition. Obtain the name of a Page 3 of 14 GULF STREAM POLICE DEPARTMENT -Domestic Violence SOP # 18.14 health provider, if possible. G. Determine the primary aggressor using the following factors and the officer's judgement: 1. Extent of any injuries inflicted. 2. ear of any physical injury because of past or present threats. 3. Actions taken in self-defense or to protect oneself 4. History of domestic abuse initiated by one party against the other. 5. Existence or previous existence of orders for protection. H. The victim's safety and privacy should be ensured by interviewing the victim in an area apart from the assailant, witnesses, and bystanders. When questioning the victim, the officers should use supportive interview techniques. Ask the victim about previous domestic incidents, their frequency and severity. The officer should not tell the victim what decision has been made concerning arrest until all available information has been collected. I. Officers will record in writing, with a tape recorder or patrol vehicle audio/video recorder: 1. Any statements of the victim and /or witnesses, including children, including spontaneous statements. Officers will note the exact words spoken by the person and use quotation marks in that portion of the Offence Report to properly attribute the statement as verbatim. 2. The officer should attempt to obtain a sworn written. Taped or audio/video statement from the suspect as well. a. Record any relevant statements made by Page 4 of 14 the suspect including spontaneous statements. J. If a criminal violation has occurred and an arrest is made, the officer should ensure the collection and preservation of all physical evidence reasonably necessary to support prosecution. This includes evidence substantiating the victim's injuries, evidentiary articles that substantiate attack (weapons, tom clothing, etc.) and evidence documenting the crime scene. 1. The officer will take color photosgraphs of any visible injuries to the victim, if applicable. 2. The officer will request a copy of 911 call for submission to State Attorney's Office, if applicable. K. If dispatch has not advised the officer of the existence of an Injunction for Protection Against Domestic Violence, the officer should ask the victim whether there is such an order and, if so, can the victim produce a copy. If a copy of the order is available, the officer should examine any restrictions imposed by the order so the officer can determine whether there is probable cause to believe the order has been violated. VI. ARREST: A. Arrest is the preferred response to domestic violence when probable cause exists. Whenever a law enforcement officer determines upon probable cause that an act of domestic violence has been committed within the jurisdiction, the officer may arrest the person suspected of its commission and charge such person with the appropriate crime. The decision to arrest and charge will not require consent of the victim. When complaints are received from two or more parties, the officer will evaluate GULF STREAM POLICE DEPARTMENT -Domestic Violence SOP#18.14 each complaint separately and determine the primary aggressor. B. When determining probable cause, officers will consider their observations and any statements by involved parties and any witnesses, including children. Officers will proactively determine all of the crimes committed. C. Factors which will NOT be considered in determining whether an arrest will be made include, but are not limited to: 1. Marital status: sexual orientation; race; religion; profession; age; disability; cultural, social, or political position; or socioeconomic status of either party. 2. Ownership or tenancy rights of either party or the fact the incident occurred in a private place. 3. Victim's request that an arrest not be made. 4. Belief the victim will not cooperate with criminal prosecution or the arrest may not lead to a conviction. 5. Verbal assurances the violence will stop. 6. The fact the suspect has left the scene. 7. Disposition of police calls involving the same suspect or victim. 8. Denial by either party that the abuse occurred when there is evidence of domestic abuse. 9. Lack of a court order restraining or restricting the suspect. 10. Concern about reprisals from the suspect. 11. Adverse financial consequences that may result from the arrest. 12. Chemical dependency or intoxication of the parties. 13. Assumptions as to the tolerance of violence by cultural, ethnic. Religious, racial, or occupational groups. 14. Absence of visible injuries or complaints of injury. 15. Presence of children or the immediate dependency of children on the suspect. D. The officer(s) making the arrest will inform the arrestee that domestic violence is a crime and the State of Florida, not the victim, is responsible for the prosecution. The responding officers will not initiate discussion of nor accept a complaint withdrawal or have the victim sign a waiver of prosecution form. E. When the officer(s) determine a crime has been committed and the suspect has left the scene, the officer(s) will make every attempt to: 1. Conduct a search of the immediate area. 2. Obtain information from the victim and witnesses as to where the suspect might have gone, and/or 3. Prepare the paperwork necessary to file for an arrest warrant with State Attorney's Office. Page 5 of 14 GULF STREAM POLICE DEPARTMENT -Domestic Violence SOP # 18.14 F. Pursuant to F.S.S. 905.15(7) (A), a law enforcement officer may arrest a person without a warrant when there is probable cause to believe that the person has committed an act of domestic violence. 1. Note that any law enforcement officer who acts in good faith and exercises due care in making an arrest pursuant to this subsection is immune from civil liability that otherwise might result by reason of his or her action. G. Officers will not threaten, suggest, or otherwise indicate the possible arrest of all parties or the removal of children from the home with the intent of discouraging request by any party for intervention by law enforcement. H. When no arrest is made, the victim will be so notified and informed that he or she may request to have the case reviewed by the State Attorney's Office and: 1. Advise the victim of the procedures for obtaining a warrant. 2. Encourage the victim to contact available community resources to assist domestic violence victims. 3. The officer will not become involved in the disposition of personal property. 4. In the absence of a warrant or probable cause to believe a crime has occurred, the officer will remain neutral and be concerned primarily with maintaining the peace and safety of those present. Page 6 of 14 VII. DUAL ARREST: A. When there are allegations that each party battered the other, officers will determine whether there is sufficient evidence to conclude that one of the parties is primary aggressor based on criteria set forth in Section V, G, 1-5. B. When the primary aggressor alleges he or she is also the victim of domestic violence, it is imperative the officer thoroughly investigate the allegation to determine whether it was an act of self defense or an act of aggression. 1. If it is determined to be a separate act of aggression and probable cause exists, the officer will make an arrest or file for a warrant for prosecution of the secondary aggressor. 2. If the officer concludes it was an act of self-defense, no arrest will be made of the secondary aggressor. 3. If dual arrest are made, the facts supporting each arrest will be clearly documented in the Offence Report. VIII. VICTIM SUPPORT: A. Officers will attempt to identify and utilize resources to assist with non- English speaking victims, witnesses, suspects, and/or neighbors. The officer should avoid using family, friends, or neighbors as the primary interpreter during the investigation. B. The Officer will attempt to gain the victim's trust and confidence by showing GULF STREAM POLICE DEPARTMENT -Domestic Violence SOP#18 14 patience, understanding, and respect for personal dignity and using language appropriate to the age, educational level, and emotional condition of the victim. C. In accordance with F.S.S. Chapter742, the officer will: 1. Assist the victim in obtaining any necessary medical treatment; 2. Inform the victim of the availability of a certified domestic violence center; and Give the victim a copy of the victim rights brochure. D. Officers will: 1. Convey to the victim concern for his or her safety. 2. Inform the victim the phone number for the State Attorney's Office is available in the domestic violence packet provided. 3. Advise the victim of what to expect with regard to the processing of the case, including the probability the accused may be custody for only a short period of time. 4. Advise the victim to notify the department of any additional incidents or new information. E. The officer should not leave the scene of the incident until the situation is under control and the likelihood of further violence has been reduced. F. If a party is leaving, the officer will remain at the scene for a reasonable period of time while the person gathers necessities for a short-term absence from home. G. If the victim requests to go to a shelter, he or she will be referred to a domestic violence shelter. The Officer will arrange for or provide transportation to the shelter if the victim is approved for intake or arrange for or provide transportation to an alternative location of the victim's choice in the local area. H. Officers will ensure the appropriate care of children as victims or dependants. 1. In child abuse situations, the officer is required by F.S.S. 425 to call the Abuse Registry (Appendix A). 2. If. As a result of arrest or hospitalizations, there is no parent , legal guardian, or relative to either care for the children or direct the officer as to the appropriate temporary placement for the Abuse Registry to determine placement. The officer will indicate in the Offence Report the identity and address of the person taking custody of the children. I. When an elderly, disabled, or otherwise dependent adult is either a victim of the violence or reliant on the victim or suspect who can no longer provide care, the officer will call the Abuse Registry. D{. ADDRESS CONFIDENTIALITY PROGRAM, A. The Address Confidentiality Program (ACP) has been created by Florida State Statutes to provide victims of domestic violence an opportunity to escape their abusers through the assignment of a confidential address. B. An officer encountering a person on any type of call who presents an ACP Card will use the address on the card instead of the actual home address of the person presenting the card. Page 7 of 14 GULF STREAM POLICE DEPARTMENT -Domestic Violence SOP # 18.14 This will help to ensure that an abuser does not obtain the actual address of the victim through the release of a police report as public record. C. The following are exempt from Public Records Requirements and from disclosure by the Address Confidentiality Program: Residential Addresses, school addresses, and / work addresses. 2. Corresponding telephone numbers. 3. Social Security Number. D. Persons seeking placement in the program may be referred to the Victim Advocate at the 15"' Circuit Attorney General's Office (Appendix B). X. INITIAL RESPONSE -REPORT WRITING A. The officer will prepare a written report when there has been an allegation of domestic violence, regardless of whether or not an arrest has been made. If no arrest is made, the report will include a description of any observed injuries and the reason(s) no arrest was made. B. Th e report will be labeled Domestic Violence and will include, but not be limited to: 1. Information provided by dispatch (the officer will consider the evidentiary valve of the call). 2. Descriptive information regarding the victim, suspect and the demeanor of each. 3. Written and oral statements obtained from the victim and their approximate time frame. If statements were not obtained, an explanation why not. Page 8 of 14 4.A list of witnesses and their statements, including excited utterances and their approximate time frame, and the identities of all officers at the scene. 5. A description and location of all observed injuries, description of medical treatment rendered, and whether medical treatment was refused. 6. The name of the medical treatment provider and the names of any other health care providers, including Fire/Rescue personnel. 7. A description of all other physical evidence including whether or not photographs were taken. 8. A description of the steps taken to locate the suspect if he or she was not at the scene. 9. A list of threats to the safety of the victim and children (e.g. threats made, killing of pets, substance use or abuse, unusual behavior, and/or abuse history). 10. Information regarding whether children were present and how they were cared for. 11. Information regarding whether a protective injunction is in effect and a copy, if possible. 12. a statement regarding any special needs, including language barriers, disabilities, etc, of the parties involved. 13. Officers will provide victims with a copy of the Domestic Violence Packet (Appendix E). The victim must sign and return to the officer the receipt contained in the packet to acknowledge receiving it and it will be submitted with the Offence Report. GULF STREAM POLICE DEPARTMENT -Domestic Violence SOP#18.14 14. When an arrest has been made, or the suspect is known and probable cause exists, the officer will complete a Domestic Violence Probable Cause Affidavit (Appendix F) and PBSO Victim Notification Form. 15. If no arrest was made, an indication the officer advised the victim of the reasons why an arrest was not made. XI. FOLLOW-UP INVESTIGATION. REFERRAL AND REPORT WRITING: A. A follow-up investigation may be required and may include: I. Interviewing victims who were physically or emotionally unable to be properly interviewed or to provide a statement. 2. Taking photographs of the victim's injuries that were not apparent at the time of the initial investigation. 3. Interviewing neighbors or other potential witnesses. 4. Ascertaining whether the suspect is on parole, probation and/or per -trial release and obtaining the name and phone number of the appropriate parole, probation, or per -trial officer. B. In the follow-up report, the investigator will document all pertinent steps of his or her investigation. C. Incases in which a physical arrest was not made, the related police report, probable cause affidavit, and charging documents required will be forwarded within ten (10) business days after the investigation is completed to the State Attorney's Officer for review. The police report and charging documents (filing packet) will include all police reports, copies of the written or taped victim, witness and/or suspect statements, copies of photographs, and copies of 911 phone transmissions, if applicable. 1. When a warrant is issued and the suspect is thought to be in the department's jurisdiction, every effort to serve the warrant should be made as soon as possible. D. Administrative/Records personnel will submit the initial police report to the nearest locally certified domestic violence center eithin 24 hours of the agency's completion of the report. This excludes victim/witness statements or other materials deemed to be a part of an active criminal investigation as defined in F.S.S. E. Domestic Disturbance incidents will require a report and case number. 1. A Domestic Disturbance is described as an incident where no criminal offense occurred and the parties appeared to have a covered relationship. XII. OFFICER INVOLVED DOMESTIC VIOLENCE CASES: A. Responsibilities of officer(s) responding to the incident: 1. Immediate action will be taken to ensure the safety of the victim. 2. The responding officer(s) will follow the procedure as previously outlined in this policy. 3. The investigation officer(s) upon discovery the suspect is a law enforcement officer, will request the shift supervisor respond to the scene. Page 9 of 14 GULF STREAM POLICE DEPARTMENT -Domestic Violence SOP # 18.14 4. The responding officer(s) will conduct an investigation under the direction of the shift supervisor. Should it be necessary to make an arrest, the shift supervisor will assist in effecting the arrest. 5. Should the incident involve a member of this department as a suspect or a member is developed as a suspect, the investigation will be conducted by the Palm Beach Sheriff's Office as outlined in SOP 10.01 Criminal Investigations. A. Officer(s) will respond and take necessary action to prevent injury or property damage. This may include arrest of a member. B. The shift supervisor will be notified immediately if any member is involved in a domestic violence incident. C. The department may conduct an administrative investigation of a domestic violence incident involving a member. B. Any Gulf Stream Police Officer who has been arrested for Domestic Violence will: 1. Immediately provide oral notification to the on duty shift supervisor naming the investigation police department. A. The shift supervisor will then notify the Chief of Police. B. The department may conduct an administrative investigation of a domestic violence incident involving a member. C. Any Gulf Stream Police Officer who has been served with an injunction for protection against domestic violence will: Page 10 of 14 1, Within 24 hrs, provide written notification to the Chief of Police. A copy of the injunction for protection against domestic violence will be attached. 2. Upon being served with an injunction for protection against domestic violence, the officer will immediately surrender his/her department issued firearm and any personal firearms to the on duty shift supervisor as is consistent with all applicable federal and state laws. A. The supervisor will complete a report and place the firearm(s) necessary for the officer to carry in a secure are accessible to all supervisors. 3. Prior to going on regular duty and /or any extra duty detail. The officer will meet the necessary firearm(s)to the officer to be carried for the duration of the shift or extra duty detail. A. The officer will not travel to or from work in uniform. 4. At the end of the shift and/or extra duty detail, the officer will meet with the supervisor. The officer will surrender his or her firearm to the shift supervisor who will place them back into the secure area. 5. This Procedure will be followed until the Order for Protection Against Domestic Violence is rescinded or the case is disposed of in court. 6. Any adjudication reached by the court to include a plea of nolo contendre, a guilty plea, adjudication withheld, or a conviction will result in the officer losing the right to carry a firearm per Federal Law. GULF STREAM POLICE DEPARTMENT -Domestic Violence SOP#18.14 D. When any officer is involved in an on-going domestic violence case, he or she will keep the department informed of the status of the case. 1. In cases where an officer has a temporary injunction extended to a "permanent" injunction, the officer may be given a psychological evaluation to determine his or her fitness for duty and/or be referred to an intervention program. 2. Copies of the results of the psychological evaluation will be supplied to the Chief of Police for determination of duty status. XIII. INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE: A. This section of the procedure applies to both temporary and final domestic violence injunctions and repeat violence injunctions which result from a domestic violence situation. B. Upon determination of probable cause, an officer may make a physical arrest of the respondent if he or she willfully and knowingly violates a term of an injunction by: 1. Refusing to vacate the shared premises within the time limit stated on the injunction. 2. Going to the petitioner's residence, school, place of employment, or specified place regulary frequented by the petitioner and any named family member or household member of the petitioner. 3. Committing an act of domestic violence against the petitioner. 4. Committing any other violation of the injunction through an intentional threat, word, or act to do violence to the petitioner 5. Telephoning, contacting, or otherwise communication with the petitioner directly or indirectly unless the injunction allows indirect contact through a third party. C. An officer will make an arrest for a criminal violation of an injunction pursuant to F.S.S. 1. Pursuant to Section 901.15 (6), a law enforcement officer may arrest a person without a warrant when there is probable cause to believe that the person has knowingly committed an act in violation of an injunction for Protection Against Domestic Violence, which creates a threat of imminent danger to the petitioner (the victim of domestic violence) or household members. The law enforcement officer may objections of the petitioner, if necessary. 2. Prior to effecting an arrest, the officer will ensure that the respondent was previously served with a certified copy of the injunction. After proper service of the respondent, the injunction is valid and enforceable in all counties of the State of Florida. A. The department will enforce, i.e. out of state orders, pursuant to applicable state and federal laws. D. An officer will not base his or her decision to arrest on his or her perception of the prosecutor's ability to prosecute the case. This is a court order not subject to the officer's interpretation. E. Officers may not arrest persons for civil violations of court orders. For civil violations, the petitioner should be referred to the Clerk of the Court. F. When the respondent is charged solely with committing an act in violation of an injunction for protection against domestic violence, which Pagel 1 of 14 GULF STREAM POLICE DEPARTMENT -Domestic Violence SOP # 18.14 has created a threat of significant danger to the petitioner, then the respondent should be charged as follows: 1. Contempt of Court — Violation of Domestic Violence Injunction, G. If the respondent is found in possession of a firearm, the Bureau of Alcohol, Tobacco and Firearms should be notified immediately (see Appendix C). XIV. CIVIL PROCESS -SERVICE OF INJUNCTION FOR PERTECTION AGAINST DOMESTIC VIOLENCE: A. When an officer has responded to a call for service and the petitioner (victim) has an order to be served and the respondent is present, the following procedure will be followed: 1. The officer will review the order noting that the judge has initialed each relevant paragraph and/or has written directions pertinent to the case in narrative form on the order. 2. The officer will explain the order to the respondent emphasizing what he or she can and cannot do. 3. The officer will advise the respondent of the court date that is written on the injunction. 4. The officer will sign the bottom of the order and include his or her ID number and the words Gulf Stream Police Department and give a copy to the respondent. 5. If the respondent refuses to take the copy of the order, the order is still considered served. Page 12 of 14 6. Officers will not use any force to administer the order. However, officers may use that degree of force necessary for protection or to prevent an escalation of violence. B. At this point the order is served and the officer must complete the Proof of Service Portion of the paperwork. When completing the Proof of Service document, the officer will note the following: 1. The issue date of the order is the date the judge signed it. 2. The expiration date of the order is 15 days after the issue date. 3. A complete physical description of the respondent must be included for entry into FCIC. 4. The Proof of Service is filed in case files and faxed to the Palm Beach County Sheriff's Office (Appendix D), our Department will not be able to verify service, thus efforts to follow-up by arrest and prosecution will be futile. A. The Palm Beach Sheriff's Office will the Proof of Service into FCIC. C. The officer will give the petitioner's copy back to her or him if there is one. 1. If there is no copy for the petitioner, the officer will advise her or him to return to the Clerk's Office to obtain a copy and to carry it on their person after it is obtained. D. Officers serving an injunction for protection against domestic violence will complete a report and include the following: GULF STREAM POLICE DEPARTMENT -Domestic Violence SOP#18.14 1. The date and time the service was completed. 2. The name of the officer serving the order. 3. The reason for non -service, if applicable. 4. The method of service. 5. The location of service or attempted service. 6. To whom the process was served or on whom executed. XV. REFERENCES: . F.S.S. Title XLIII Domestic Relations, Ch. 741 -Husband and Wife F.S.S. 119.07(3) (d) Inspection, examination, and duplication of records; exemptions F.S.S. Ch. 415 Protection From Abuse, Neglect, And Exploitation F.S.S. 714.30 Domestic Violence; powers and duties of courts and clerk; petitions; notice and hearing, temporary injunctions; issuance of injunctions; enforcement. F.S.S. 790.233 Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence; penalties. F.S.S. 901.15(7) When arrested by officer without warrant is lawful. SOP #18.23 Victim/ Witness Guidelines. SOP #19.01 Juvenile procedures. SOP # 27.01 Internal Affairs Function. Page 13 of 14 GULF STREAM POLICE DEPARTMENT -Domestic Violence SOP # 18.14 APPENDIX A 1 YWCA Domestic Assault Shelter, Harmony House, West Palm Beach, Fl. (561) 655-6106 2. Domestic Assault Project, Palm Beach County Courthouse, 5' Floor, West Palm Beach, Fl. (561) 355-2383 or 274-1500 3. Abuse Hotline 1 -800 -96 -ABUSE 4. Home Safe at the Children's Place- (561) 832-6185 or 4333-0060 I.•11•�i ►�1�I7►:i 1 Contact information for Address Confidentiality Program (ACP) is as follows 1. Victim Advocate, Attorney General's Office, 15�' Circuit 1655 Palm Beach Lakes Boulevard, Suite 300, West Palm Beach, Fl. 33404-2299 Ph. 561688-7759, 688-7771 2. Victim Services information and referral\ Line 800 226-6667 APPENDIX C Bureau of Alcohol, Tobacco and Firearms (561)835-8878 APPENDIX D To enter "Proof of Service: for injunction for protection against domestic violence with P.B.S.O, FAX (561) 688-3469 APPENDIX E GULF STREAM POLICE DEPARTMENT Victim/ Witness Rights and Case Information Form including Domestic Violence Notice of Legal Rights and Remedies Available. Page 14 of 14 Gulf Stream Domestic Violence Probable Cause Affidavit. Garrett J. Ward Chief of Police GULF STREAM POLICE DEPARTMENT -Auto Theft Investigation SOP # 18.15 AUTO THEFT INVESTIGATION EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department has established guidelines for the investigation of auto theft cases. Accurate, timely reporting and prompt dissemination of information is essential to recover vehicles and to apprehend auto thieves. IL INITIAL AUTO THEFT REPORT/ INVESTIGATION: A. The officer taking the initial report will ascertain if the vehicle was stolen and not involved in a domestic situation, towed as junk, abandoned, exchanged for drugs or repossessed. B. When the officer is reasonably sure the vehicle is stolen, he or she will obtain a complete description of the vehicle, including: 1. Year; 2. Make; 3. Model (e.g., Thunderbird, Caprice, etc.); 4. Style (e.g., 2dr, 3dr, 4dr); 5. Color; 6. Vehicle Identification Number (VIN); 7. Tag number, year, state, and type; 8. Name and address of any lien holder (bank, finance company, etc.); 9. Insurance company; and/or 10. Any unusual features or damage. C. Dispatch will BOLO that information to on - duty units and to surrounding agencies by teletype. D. An officer taking the initial report of a stolen vehicle will record the information an the following report forms: 1. An offense report will be completed including any personal property that was in the vehicle. 2. A Vehicle Theft Affidavit (Appendix A) will be completed and signed by the victim/reporting party advising whether he or she wishes to prosecute; and 3. Any other appropriate report forms as the circumstances of the incident dictate. E. After the information for the report is obtained, the officer will contact dispatch and provide the information necessary to enter the stolen vehicle into the NCIC/FCIC computer systems. F'The vehicle will be entered into the NCIC/ FCIC computer systems by dispatch after a registration check of the vehicle has been completed and the registration information has been verified. 1. The dispatcher will provide his or her ID number for the officer's stolen vehicle report. H. When the stolen vehicle information cannot be entered into the computer due to system failure, dispatch will: 1. Advise the officer of the reason for not being able to enter it. 2. Enter the information as soon as the computer is operational. I. When the stolen vehicle information is not available at the time of the initial investigation, the officer will notify dispatch and the owners or victims will be instructed to call headquarters at the main phone number and request an officer to complete a supplement and enter the vehicle NCIC/FCIC. III. VEHICLES REPORTED STOLEN TO AND RECOVERED BY THIS DEPARTMENT: A. When an officer has visual contact with an unoccupied vehicle, which he or she believes to be stolen, the officer will: 1 Notify dispatch of his or her location, the vehicle description and condition of the vehicle. 2. Verify the vehicle is stolen by requesting an NCIC/FCIC computer system check. 3. Request dispatch attempt to contact the owner. B. When the vehicle is occupied, the officer will: 1. Notify dispatch of his or her location, the vehicle description, and the direction of travel, if moving. Page 1 of 5 GULF STREAM POLICE DEPARTMENT -Auto Theft Investigation SOP # 18.15 2. Request back up. 3. Give a description of the suspect(s), if possible. 4. Request an NCIC/FCIC computer system check for stolen vehicle status. C. After the investigating officer has control of the vehicle, any suspects, and the scene, he or she will: 1. Thoroughly search the vehicle for property and evidence left by the occupants which may indicate their identity or connect them to other crimes. 2. Conduct a thorough inventory of all property in the vehicle and record the property on a vehicle storage receipt (VSR). 3. Any property that does not belong to the owner of the vehicle and is not determined to be evidence will be placed into evidence as found property. 4. Process the vehicle if he or she locates any possible latent print evidence, or. 5. Request an investigator to assist with processing the vehicle, if the vehicle is suspected of involvement in any violent felonies. 6. The recovering officer will not leave the vehicle unattended until the vehicle is properly released to the towing service or owner unless there are exigent circumstances. D. When the owner can be contacted by dispatch or the investigating officer: 1. The owner may choose a method of removing his or her vehicle as long as it can be accomplished in a timely manner (30 minutes or less). 2. The officer will not permit the vehicle to be driven from the scene if the steering column has been tampered with or there is significant damage to the vehicle. E. The officer will request a rotation tow service if the owner cannot be contacted. The wrecker will transport the vehicle to the appropriate facility where it may be released upon proof of ownership. F. When the vehicle is towed because of involvement or suspected of involvement in a serious crime or it has some other evidentiary value, the officer will: 1. Notify the shift supervisor for direction reference handling, processing, and storage of the vehicle. 2. Place a "HOLD" on the vehicle and complete a VSR including the name, rank, and ID number of the officer who authorized the hold and the reason for the hold. G. The officer will contact dispatch and provide the necessary information for canceling the stolen vehicle from the NCIC/FCIC computer systems. 1. Dispatch will cancel the vehicle entry and provide his or her ID number to the officer for the police report. 2. When the vehicle cannot be canceled from the computer system, dispatch will provide his or her ID number and a specific explanation of why the cancellation cannot be made. This information will be included in the officer's report. a. When the reason for not being able to cancel the stolen vehicle is computer system failure, dispatch will cancel the information as soon as the computer system is operational. H. Officers will write a supplemental report using the original auto theft report case number including all appropriate report forms, such as Rough Arrest, N.T.A. narrative, property supplement, etc. I. Officers will include in a supplemental report how the victim was noted of the recovery and by whom. J. Officers will complete an Auto Theft Recovery Notification (Appendix B) form and mail it to the victim. The officer will attach a copy of the form to the supplemental report. IV. VEHICLES REPORTED STOLEN TO ANOTHER AGENCY AND RECOVERED BY THE GULF STREAM POLICE DEPARTMENT: A. When an officer verifies a vehicle he or she has contact with has been reported stolen to Page 2 of 5 GULF STREAM POLICE DEPARTMENT -Auto Theft Investigation SOP # 18.15 another agency through teletype confirmation with that agency, the officer will follow the same procedure outlined in Section III A, B, C. B. Dispatch will notify the originating agency of the recovery of the vehicle and confirm it is stolen by teletype. C. It is the responsibility of the originating agency to notify the owner. Dispatch will confirm the originating agency is to make owner notification in the recovery notification teletype. D. Arrangement for removal and release of the vehicle is the responsibility of the originating agency. 1. When the agency cannot be contacted or does not respond in a timely manner (30 minutes or less), a rotation towing service will remove the vehicle. E. The recovering officer will not leave the vehicle unattended until the vehicle is properly released to the originating agency, towing service, or the owner unless there are exigent circumstances. F. When the recovered vehicle has been involved in or is suspected to have been involved in a serious crime, the officer will notify the shift supervisor to arrange for processing prior to releasing it to the owner. G. The officer will complete a report using the appropriate forms. VI. VEHICLES REPORTED STOLEN TO THE GULF STREAM POLICE DEPARTMENT AND RECOVERED BY ANOTHER AGENCY: A. When another agency notes the department they have recovered a vehicle reported stolen to this department, all communications between this department and the recovering agency will be accomplished or verified through teletype. B. Dispatch will attempt to contact the owner of the vehicle to make arrangements to recover their vehicle. 1. When the owner cannot be contacted, dispatch will advise the recovering agency and request a contract towing service remove the vehicle for storage, when practical. C. The vehicle will be processed for latents by the investigator if it was used to facilitate any other violent felonies within this jurisdiction. D. When the vehicle is recovered out of the area, the supervisor will request the recovering agency process the vehicle for latents if it was used to facilitate any other violent felonies within this jurisdiction or there is a suspect(s) in the case. E. Officers will write a supplemental report using the original auto theft report case number including all appropriate report forms, such as Rough Arrest, N.T.A., a narrative, property supplement, etc. F. Officers will include in the supplemental report how the victim was notified of the recovery and by whom. G. Officers will make all possible efforts to notify the victim. The officer will document all efforts made to notify the victim. VI. TELETYPE RECORDS: A. Any and all teletypes regarding stolen vehicles between this department and another agency will be attached to the original or supplementary report. This information may include: 1. FCIC/NCIC hit records. 2. Confirmation records with the location where the vehicle is stored and any other pertinent information. VII. ABANDONED/RECOVERED VEHICLES: A. When an officer locates a vehicle which he or she believes to be stolen (punched steering column, loose V.I.N. plate, etc.) and the NCIC/FCIC computer check is negative, the officer will attempt to verify ownership. B. Whenever a vehicle is towed and the owner is not present, the investigating officer will instruct dispatch to enter the vehicle in the NCIC/FCIC computer systems as "Abandoned/Recovered." VIII. DISPATCH OPERATIONS: A. It is the responsibility of dispatch to enter reported stolen vehicle information into the Page 3 of 5 GULF STREAM POLICE DEPARTMENT -Auto Theft Investigation SOP # 18.15 NCIC/ FCIC computer system provided: 1. There is sufficient information to enter the vehicle into the computer system. 2. The information is verified through a registration check or by the officer having in his or her possession the vehicle registration form or the title. B. Dispatch will request the following information in all cases of a stolen vehicle recovered by another agency and reported to this department: 1. The date of recovery; 2. The location of recovery (address); 3. Type of location; 4. The condition of the vehicle; 5. The method of theft, if it can be determined; Original Issue: 07/01/07 6. If an arrest was made and/or all suspect information; 7. The recovering agency's case number; and 8. The name, address and telephone number of the tow company. C. The information will be given to the officer for inclusion in the supplemental report. D. Dispatch will cancel the vehicle from the NCIC/FCIC computer systems. E. Dispatch will make the initial attempt(s) to notify the owner with the information provided by the reporting party. XI. REFERENCE: SOP # 22.10 Vehicles Impoundment. F.S.S. 319.33 Offenses Involving Vehicle Identification Numbers. F.S.S. 812.014 Theft. Garrett J. Ward Chief of Page 4 of 5 GULF STREAM POLICE DEPARTMENT -Auto Theft Investigation SOP # 18.15 Appendix A PALM BEACH COUNTY MULTI -AGENCY AUTO THEFT TASK FORCE STOLEN VEHICLE / VESSEL AFFIDAVIT (FORM KEPT IN FILE DRAWER # 4) Page 5 of 5 GULF STREAM POLICE DEPARTMENT -Notification of Next of Kin SOF NOTIFICATION OF NEXT OF KIN regarding suspicious or unattended deaths. EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department has a moral responsibility to ensure that every effort is made to locate and promptly notify the next of kin of deceased, seriously injured, or seriously ill persons and that notification is delivered in a considerate manner. This responsibility extends not only to incidents investigated by the department, but also to requests from other agencies and individuals. II. NOTIFICATION HANDLED BY DEPARTMENT: A. Whenever an incident involving a deceased, seriously injured, or seriously ill person is investigated by the department, it is the responsibility of the assigned officer to see that all available resources are utilized in an effort to locate and notify the next of kin. B. This Department will assist with personal notification requests by other law enforcement agencies or medical facilities. The following should be considered when delivering notifications: 1. Officers will make every effort to deliver such notifications initiated by other agencies in person. 2. Officers will attempt to determine the effect of the notification and provide the necessary support services for the next of kin, relatives of the deceased, seriously injured, or seriously ill persons whenever appropriate. 3. Officers should not make any notifications requested from parties whose identity cannot be otherwise confirmed without the approval of the supervisor. III. SPECIAL NOTIFICATIONS AND RELEASE OF INFORMATION: A. Any time officers investigate any homicide, suspicious or unattended death (not under the care of a medical doctor or medical care facility); the Medical Examiners Office must be notified. B. The investigating officer will coordinate custody and care of the body(s) with the Medical Examiners Office and the family of the deceased, if present. C. The investigator and the Medical Examiners Office will be apprised of all pertinent information D. The decision to release the identity of any deceased person(s) to the media is the responsibility of the Chief of Police or a designee. IV. PROCEDURE FOR NOTIFYING NEXT OF KIN: A. Notification can be accomplished through personal contact or through another agency. Notification to the next of kin should include such information as disposition of body (Medical Examiners Office, funeral home) or the name of the hospital to which the injured or ill party was taken. The investigating officer will document the name, address, telephone number, and relationship of the next of kin who is notified in the offense report. 1. Whenever possible, the officer notifying next of kin will attempt to obtain the assistance of a clergyman, relative, or close friend prior to notification or as soon as possible thereafter. 2. In the event the next of kin cannot be notified, all information concerning their identity, address, telephone number, place of business, etc., will be documented in the offense report. The report will state, "Next of kin not noted". 3. If the assigned officer is unable to make notification to the victim's next of kin, the supervisor will be notified as soon as possible. 4. Notification of death or serious injury should not be made by phone directly to next of kin who resides outside our jurisdiction. Utilize another agency to make personal contact. Obtain teletype or fax verification of notification with details as to who made contact, who was contacted, and time of notification. The teletype or fax verification must be attached to the report Page 1 of 2 STREAM POLICE DEPARTMENT -Notification of Next of Kin SOP # 18.19 V. REFERENCE: SOP # 17.04 Supervisor Notification. Original issue: 07/01/07 Garrett J. Ward, Chief of Police Page 2 of 2 GULF STREAM POLICE DEPARTMENT -Investigation of Critical Incidents SOP # 18.20 INVESTIGATION OF CRITICAL INCIDENTS EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department has established procedures to investigate all critical incidents and any line of duty incidents which the Chief of Police deems necessary. The department, in conjunction with the State Attorney's office and Palm Beach Sheriffs Office (PBSO), will investigate all such incidents expeditiously, thoroughly and professionally in order to establish what factually occurred. It. DEFINITIONS: A. Critical Incident- A line of duty incident that causes death or serious bodily harm to an officer or other person. B. Criminal Investigation- An investigation to determine the compliance or noncompliance with Florida State Statutes. The Chief of Police specifies that the Palm Beach Sheriffs Office (PBSO) will conduct the criminal investigation. C. Administrative Investigation- An investigation designated to determine compliance or noncompliance with departmental policies, procedures, and/or rules & regulations. This will be conducted under the supervision of the Chief of Police. III. PROCEDURE: A. When a shooting or critical incident occurs involving a Gulf Stream Police Officer or an officer or agent from another law enforcement agency, the supervisor will respond to the scene and be responsible for the following: 1. Advise Dispatch to immediately notify the following personnel: a. The Chief of Police. b. The Palm Beach County Sheriffs Office. c. State Attorney Office. d. Department of Corrections area representative, if the death occurred while in custody. 2. Take command of the scene and protect the evidence until the arrival of PBSO investigator's. 3. Secure the entire area with crime scene tape and remove all unauthorized persons, including police officers not required inside the crime scene. The scene will not be altered, leaving everything as it was found. 4. Assign an officer at the scene to keep a log. The log will contain the following information: a. The names of officers assigned duties at the scene, and what those duties were. b. The names of any persons who enter the scene, the time they enter the scene, their authority and reason for entering the scene and the time they left the scene. 5. Ensure that all witnesses, including police officers, remain at the scene and are placed in separate locations to assure witness credibility. 6. Briefly speak with the involved officer in order to ascertain a basic understanding of what occurred and be able to brief the responding personnel. 7. Advise the officer involved and all witnesses not to discuss the details of the incident with any other personnel, regardless of rank, until they have been interviewed by PBSO. This does not preclude questions regarding the condition of the witnesses or officers by a supervisor. 8. Provide a reasonable, safe environment for the involved officer while waiting to be interviewed, i.e., patrol vehicle, separate room. 9. Allow the involved officer to confer with his or her attorney and the department psychologist, if requested. a. The attorney and department psychologist will be granted confidentiality rights as provided by state statute. 10. Ensure that the needs of the involved officers are being taken care of. 11. Immediately initiate an area canvass to lof3 GULF STREAM POLICE DEPARTMENT -Investigation of Critical Incidents SOP # 18.20 locate and identify any additional witnesses F. All media releases and information who have information regarding the concerning the investigation will be handled by incident. Any witnesses should be brought the investigating agency. to the immediate attention of the lead investigator. IV. FOLLOWING THE CRITICAL INCIDENT: 12. Arrange for necessary personnel to maintain road patrol functions. 13. Remain at the scene and take charge of the perimeter and security until no longer needed. B. Criminal and administrative investigations may be conducted concurrently by the PBSO and the Gulf Stream Chief of Police or a designee. C. The Chief of Police has requested that PESO will investigate the following critical incidents: 1. Any use of physical force resulting in death or life threatening injuries. 2. When a Gulf Stream Police Officer has shot and injured a person or is shot and injured and the incident occurred within the town limits. 3. When a Gulf Stream Police Officer suffers a self-inflicted firearm injury, accidentally or otherwise, within the town limits. 4. Any death of a person while in the custody of any Gulf Stream Police Officer. 5. Any incident which the Chief of Police deems necessary. D. In the event any of the above critical incidents involving Gulf Stream Police Officers occur outside the town limits, the Chief of Police or designee will respond to the scene and stand by to monitor the situation, if practical. E. The Chief of Police will make determination regarding other member's response to monitor and/or assist the investigating agency (if requested) or conduct an administrative review. 1. Investigators have the option of conducting the administrative review immediately following the outside agencies investigation, or at a later date. A. The officer(s) involved in a critical incident will be removed from the line of duty and placed on administrative leave or administrative duty. 1. Prior to the officer(s) returning to duty, the Chief of Police or designee will conduct a preliminary administrative review of the critical incident to determine if the officer(s) are returned to duty or remain on administrative leave or administrative duty. B. Prior to the officer(s) returning to duty, he or she must have an interview with the department psychologist. The officer(s) will also be advised of the availability of the Town Employee Assistance Program. 1. The officer(s) involved will be placed on administrative leave until the interview with the department psychologist. C. The officer(s), while on administrative leave, will be available at all times for official interviews and statements regarding the incident and will be subject to recall at any reasonable time. D. Officer(s) are not to discuss the details of the investigation with anyone except the officer(s) private attorney, the department psychologist, criminal and/or administrative investigators Page 2 of 3 GULF STREAM POLICE DEPARTMENT -Investigation of Critical Incidents SOP # 18.20 VII. REFERENCES: Town of Gulf Stream Employee Assistance Program. SOP # 17.04 Supervisor Notification. SOP # 27.01 Internal Affairs Function Original issue: 07/01/07 Garrett J. Ward, Chief of Police Sof 3 GULF STREAM POLICE DEPARTMENT- Victim/Witness Guidelines 18.23 Gulf Stream Police Department General Order Number: 18.23 Subject: VICTIM/WITNESS ASSISTANCE Date issued 07/01/07 Date Effective 07/01/07 Revised Date 08/17/11 Page: I of 7 Reference: F.S. 960.001 PURPOSE The purpose of this policy and procedure is to establish guidelines and procedures for all employees in assisting victims and witnesses of crime. POLICY In an effort to comply with the laws of the State of Florida governing victims and witnesses of crime, it shall be the policy of the Gulf Stream Police Department to inform all victims and witnesses of their rights as enumerated in Florida Statute. The victims and witnesses will be made aware of their rights by the use of a Victim/Witness Rights Brochure. DEFINITIONS Victim — A person who suffers physical, financial, or emotional harm as the direct result of a specified crime committed upon his/her person or property. Also referred to as a "victim" is a victim's parent or guardian if victim is a minor, the lawful representative of the victim or the victim's parent or guardian if the victim is a minor, and the next of kin of a homicide victim. Witness - A person, as determined by law enforcement, who has information or evidence relevant to a specific crime. RIGHTS OF VICTIMS AND WITNESSES The following guidelines and rights of victims and witnesses of crimes are enumerated in the Victim Rights Brochure: • The right of the victim to receive information on local community services to include counseling, shelter, legal assistance, or other types of help, depending on the particular circumstances. Telephone numbers of these services will be provided to the victims and witnesses as applicable. • The right of the victim to receive information regarding the availability of crimes compensation, when applicable for victims or crimes or their relatives where the victim is deceased. Telephone numbers of these services are included in the Victims Rights Brochure. • The right of the victim or witness to receive information regarding the victim's role within the criminal justice or juvenile justice system to include what the victim may expect from the system and what the system may expect from the victim. • The right of the victim or witness to receive information regarding the stages of the criminal and juvenile justice process which are significant to the victim or witness and the manner in which information about such stages may be obtained. • The right of the victim, who is not Page 1 of 7 GULF STREAM POLICE DEPARTMENT-Victim/Witness Assistance SOP # 18.23 incarcerated, including the next of kin of a homicide victim, to be informed, present, and heard when relevant, at all crucial stages of a criminal or juvenile proceeding, to the extent that the right does not interfere with the constitutional rights of the accused. • The right that victims and witnesses who are not incarcerated shall not be required to attend discovery depositions in any correctional facility. • The right that a victim, or the next of kin of a victim may not be excluded from any portion of any hearing, trial or proceeding pertaining to the offense based solely on the fact that such person is subpoenaed to testify, unless, upon motion, the court determines such person's presence to be prejudicial. • The right that incarcerated victims shall be informed of the crucial stages of the criminal and juvenile proceedings and be afforded the opportunity to submit written statements at all crucial stages of the proceedings. • The right of a victim to a prompt and timely disposition of the case as long as it does not interfere with the constitutional rights of the accused. • The right to be free from intimidation. It is against the law to cause a victim/witness to be placed in fear by force or threats, to make an assault on, or harm any victim/witness. It is a felony to tamper with or threaten a witness. If you are being threatened or intimidated, please contact the Gulf Stream Police Department or any law enforcement officer. • The right that each victim who has been scheduled to attend a criminal or juvenile justice proceeding shall be notified as soon as possible by the agency or person scheduling his appearance of any change in scheduling which will affect his appearance. • The right to receive advance notification of judicial proceedings relating to the arrest and/or release (to include community control and work release) of the accused as well as the proceedings in the prosecution. • In addition to the provisions FS 921.143, the rights of the victim of a felony involving physical or emotional injury or trauma, or in a case in which the victim is a minor child or in a homicide, the guardian or family of the victim shall be consulted by the state attorney in order to obtain the views of the victim or family about the disposition of any criminal or juvenile case brought about as a result of such crime, including the views of the victim or family about: The release of the accused pending judicial proceedings. • Plea Agreements. ♦ Participation in pretrial diversion programs. ♦ Sentencing of the accused. • The right of the victim to a prompt return of property unless there is a compelling law enforcement need to retain it. • The right of the victim to receive the assistance the State Attorney and law enforcement in notifying the victim's employer and creditors in order to explain his circumstances. • The right of the victim to request and receive restitution and the victim's rights of enforcement in the event an offender does not comply with the restitution order. The victim shall also have the right to be notified when restitution is ordered. • The right of the victim to submit an oral or written impact statement pursuant to FS 921.143 and the right to receive assistance from the State Attorney in the preparation of such statement. • The right of the victim to receive reasonable consideration and assistance from employees of the Gulf Stream Page 2 of 7 GULF STREAM POLICE DEPARTMENT- VictimlWitness Guidelines 18.23 Police Department. When requested, the victim will be assisted in locating accessible transportation and parking, and shall direct those persons to separate pretrial waiting areas when such facilities are available. When so requested, this office shall also assist the Court in attempting to locate translators. • The right of the victim, material witness, parents or legal guardian of a minor who is a victim or witness, or immediate relative of a homicide victim to be notified of the escape of a criminal defendant. The State Attorney and law enforcement shall make every effort to ensure prompt notification. • The right of the victim to have a victim advocate present during discovery deposition. • The right of the victim to review certain portions of a pre -sentence investigation report for adult and youthful offenders prior to the sentencing of the accused. • The victim and the State Attorneys Office with the consent of the victim, have standing to assert any legal rights of a crime victim as provided by law or The Florida Constitution. • The right of the victim of a sexual offense to have the courtroom cleared, with certain exceptions, during his or her testimony, regardless of the victim's age or mental capacity. • The right of the victim of domestic violence to be informed of the address confidentiality program administered through the Attorney General's Office. • The right of a victim to know in certain cases and at the earliest possible opportunity, if the person charged with an offense has tested positive for human immunodeficiencyvirus (HIV) infection. In such cases, upon request of the victim or the victim's legal guardian, or of the parent or legal guardian of the victim if the victim is a minor, the court shall order such person to undergo HIV testing. In addition, in certain cases, if requested by the victim, the right of the victim to receive information on the results of the testing within two weeks of the court's receipt of such results. • The right of a victim to request, for specific crimes, an exemption prohibiting the disclosure of information to the public which reveals the victim's home and work telephone numbers, home and work addresses, and personal assets not otherwise held confidential under the Public Records Law. • The right to request, in certain circumstances that the offender be required to attend a different school than the victim or siblings. • The statutory obligation to advise the victim or the next of kin of a homicide victim, that any information gained pursuant to FS Chapter 960, regarding any case handled in juvenile court, must not be revealed to any outside party, except as reasonably necessary in pursuit of legal remedies. • The victim has the right to be notified by the appropriate agency of the arrest and release of the offender (including work release and community control). • The right of a victim of a sexual offense to request the presence of a victim advocate during the forensic medical examination. An advocate from a certified rape crisis center shall be permitted to attend any forensic medical examination. • No law enforcement officer, prosecuting attorney, or government official shall ask or require a victim of a sexual offense to submit to a polygraph examination or other truth -telling device as a condition of the investigation. • The right of a victim or the victim's legal guardian, or the parent or legal guardian of a victim, if the victim is a minor, to request that a person who is charged with any offense enumerated in section 775.0877(1)(a) -(n), Florida Statues, that Page 3 of 7 GULF STREAM POLICE DEPARTMENT-VictimlWitness Assistance SOP # 18.23 involves the transmission of body fluids from one person to another, undergo hepatitis and HIV testing. PROCEDURE *Each officer shall be responsible for informing all victims of the availability of victim/witness services through the distribution of the Victim/Witness Rights Brochure. *The officer shall provide victims and witnesses with information on steps available to law enforcement and the State Attorney to protect the victims or witness from intimidation. The information will be provided in the same manner as that relating to services of victims. The notification (contained in the Victim/Witness Rights Brochure) will include the advisement that it is a felony to tamper with or threaten a witness, and that the Appropriate agency should be promptly contacted if a possible violation has occurred. *It shall be the responsibility of the arresting or investigating officer to advise the victim that an offender has been arrested. It is also the responsibility of the arresting or investigating officer to complete a victim notification form on certain crimes. The notification will travel with the offender's paperwork to the booking facility for prompt notification by the facility upon release of the accused. The notification shall be made to the victim by the booking facility within four hours of the release of the accused. If such notice is not possible, the victim will receive notice via the U.S. Mail. Law enforcement officers of the Gulf Stream Police Department will provide assistance as requested by other responsible agencies in attempting to notify the victim of the offender's release from confinement. *Property of crime victims shall be promptly returned unless there is a compelling law enforcement reason for not returning it. The evidence custodian shall promptly comply with court orders allowing photographs of the victim's property to be used as evidence at the trial and/or requiring the return of the victim's property. Members should consult with the State Attorney's Office before releasing any property. *When so requested, the Gulf Stream Police Department shall assist victims and witnesses of crime in notifying employers and creditors of court appearances and financial hardship. Gulf Stream Police Department Personnel are always ready to assist victims whenever possible. When so requested, employees will assist victims and witnesses in locating accessible parking and transportation, and will direct those persons to separate pretrial waiting areas where available. When necessary, employees will attempt to locate translators in appropriate cases. *In the event of an escape, the correctional facility shall notify the State Attorney's Office of the escape and the State Attorney shall make effort to notify the victim or the victim's next of kin as well as the Sheriff and/or Chief of the affected jurisdiction(s). Gulf Stream Police Department shall render such assistance as requested by the State Attorney. TRAINING AND EDUCATIONAL PROGRAMS So that all victims may be treated fairly, victim assistance education and training shall be offered to all employees taking courses at law enforcement training facilities or on an in- service basis. In addition, all members, and other employees as necessary, will be provided with the latest information pertaining to victim's rights and services available to them through the regularly scheduled in-service dealing with Human Diversity and Domestic Violence Awareness. Page 4 of 7 GULF STREAM POLICE DEPARTMENT- Victim/Witness Guidelines 18.23 APPROVED: Chief of Police, Garrett J. Ward DATE 09 / 12 / 2008 Revised 08 / 17 /17 / 2011 V. REFERENCE: • FSS Ch 960 Victim Assistance. • FSS 914.25 Protective Services for certain victims and witnesses. • FSS 921.143 Appearance of victim or next of kin to make statement at sentencing hearing, I HAVE READ, UNDERSTAND AND AGREE TO COMPLY WITH THIS POLICY AND PROCEDURRE. DATE: / / Geneal Order # 18.23 Victim/Witness Assistance submission of written statements. • SOP# 18.14 Domestic Violence Page 5 of 7 GULF STREAM POLICE DEPARTMENT-Victim/Witness Assistance SOP # 18.23 Appendix A VICTIM / WITNESS RIGHTS BROCHURE Page 6 of 7 GULF STREAM POLICE DEPARTMENT- VictimlWitness Guidelines 18.23 Appendix B VICTIM NOTIFICATION FORM This form must be filled out in a case involving one of the following crimes: - Homicide (Ch. 782) - Sexual Offense (Ch. 794) -Attempted Murder -Attempted Sexual Offense - Stalking (S. 784.048) - Domestic Violence - (This includes any assault, agg. assault, battery, agg. battery, sexual assault, sexual battery, stalking, agg. stalking or any criminal offense resulting in physical injury or death of one family member or household member by another, who is or was residing in the same single dwelling.) Upon completion, this form must accompany the booking paperwork. If applying for a warrant, attach this form to the filing packet. 1. Incident Report#: Offense: Suspect/Offender: D.O.B. Race:_ 2. Warrant #(s): 3. Complete one (1) of the following: 1. Victim's name: Home#: Work#: Other: 2. Victim's next of Address: City: Work#: Other: 3. Victim's designated contact other than next of kin (example, friend or neighbor) City: State: Zip: Home#: Work#: Other: WAIVER: I choose not to complete this victim notification form and understand that I am waiving my right to be notified of the release of the suspectloffender. Signature of person waiving notification: Printed name of person waiving notification: Officer's ID#: Date: Page 7 of 7 GULF STREAM POLICE DEPARTMENT -Child Abuse Protective Investigations SOP# 18.24 CHILD ABUSE PROTECTIVE INVESTIGATIONS EFFECTIVE: 07/01/07 I. POLICY: The purpose of this procedure is to establish guidelines for conducting child abuse protective investigations in conjunction with Florida Department of Children and Families. The department has adopted the Community Alliance of Palm Beach County Child Abuse Investigation Protocol (7-2002), which includes a coordinated investigation by law enforcement and child protective investigators. II. DEFINITIONS: A. Child Abandonment— a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver responsible for the child's welfare, which being able, makes no provision for the child's support and makes no effort to communicate with the child, which situation is sufficient to evince a willful rejection of parental obligations. B. Child Abuse -any willful act or threatened act that results in any physical, mental or sexual injury or harm that causes or is likely to cause the child's physical, mental or emotional health to be significantly impaired. C. Child Neglect- occurs when a child is deprived of, or is allowed to be deprived of, necessary food, clothing, shelter, or medical treatment when such deprivation or environment caused the child's physical, mental or emotional health to be significantly impaired. D. Child Safety Review Database- a database maintained by the Palm Beach Sheriffs Office as a repository for all child abandonment, abuse or neglect cases investigated by law enforcement agencies in Palm Beach County. III. DISPATCH RESPONSIBILITIES: A. When a call is received by dispatch or E 911, involving a report of child abandonment, abuse, or neglect, the call will be classified as a "priority call". 1. Dispatch will assign an officer to respond to the call. 2. Dispatch will query local data systems for prior reports and provide the responding officer any information that is available. 3. Dispatch will not alter the classification of the call, once received. 4. Dispatch will secure the E-911 tape for a minimum of 90 days. B. When noted by the Florida Abuse Hotline or Florida Division of Children and Families (DCF) Investigator, dispatch will: 1. Dispatch will wait to be contacted telephonically by the responding DCF investigator, prior to dispatching an officer to investigate the report. 2. Dispatch will obtain information from the DCF investigator in regards to coordinating the response of DCF and an officer, which may include a location to meet, prior to arriving at the scene. 3. The call will be coded Child Abuse" and will be classified as a "priority call". 4. Dispatch will assign an officer to respond to the call, providing the information for coordinating the DCF/law enforcement response. 4. Dispatch will query local data systems for prior reports and provide the responding officer any information that is available. 5. Dispatch will not alter the classification of the call, once received. III. PRELIMINARY INVESTIGATIONS: A. The first officer responding to the scene of a child abandonment, abuse or neglect complaint will: 1. Record the information provided by dispatch. 2. Respond to the scene in a safe manner. 3. Determine if an offense has been committed or an investigation is warranted, Page 1 of 5 GULF STREAM POLICE DEPARTMENT -Child Abuse Protective Investigations SOP 18.24 and if so, the exact nature of the offense by observing all conditions, events and 11. Take any other immediate action remarks. deemed necessary by the nature of the incident. a. If an offense has been committed or an investigation is warranted, and no DCF investigator is present, the officer will contact the Florida Law Enforcement Abuse Hotline at 1-866- LEABUSE, pursuant to F.S.S. 39.201 (1) (f). b. If there is no DCF investigator present and an immediate response is necessary, the officer will contact 1- 866-DCF9DCF. c. If an offense has been committed or an investigation is warranted, and a DCF investigator is present, the officer and the DCF investigator will assist each other in assessing and securing the crime scene. 4. Take immediate steps to protect and preserve the crime scene, if any, from contamination and protect evidence. The officer will request additional officers to accomplish this requirement if necessary. 5. If the alleged abuse or neglect has resulted in a child's death, the initial responding officer will immediately: a. Notify the supervisor. b. Notify the Palm Beach Medical Examiner's Office, reporting the circumstances of the death. c. Notify the Rapid Response Team through the Palm Beach Sheriffs Office Communication Section. 6. Protect the victims/third parties, including other children, involved in the incident. 7. If necessary, administer first aid and/or summon medical assistance. 8. Determine the identity of the suspect(s), if possible. 9. Locate and identify the witnesses 10. Effect the arrest of the suspect(s), if possible. 12. Obtain preliminary oral and/or written statements from the victim(s), witness(s) and from the suspect(s) if possible. a. Children should not be interviewed in the presence of the parent(s) or guardian(s), unless and until the suspect has been determined. b. Document any utterances or statements made by the parent(s) or other guardian(s) at the scene in relation to the case. c. If an investigative interview is required outside the jurisdiction of the department, the officer will notify the supervisor. (1) If the officer is unable to respond outside the jurisdiction, the supervisor will request assistance from the agency of jurisdiction, utilizing the Palm Beach County Mutual Aid Agreement. (2) The officer will document in the report the agency and officer who was requested to conduct the interview. 13. Collect, or arrange for the collection of, evidence. a. The officer will have the primary responsibility for the collection of evidence. b. Evidence should be photographed prior to collection. c. Photograph injuries of any household person(s) who may be victims of domestic violence or other criminal offense. (1) The photographs should contain a measurable guide and the identity of the person photographed. 14. Obtain recent and historical protective investigative reports from Department of Page 2 of 5 GULF STREAM POLICE DEPARTMENT -Child Abuse Protective Investigations SOP# 18.24 Children & Families (DCF). was taken to provide for their safety. a. The name of any person reporting I. Describe indicators of future child abuse, abandonment, or neglect threats to safety of family members. may not be released to any person follow-up investigation and/ or review. other than employees of the 16. The officer and the DCF investigator department responsible for child shall agree on the future course of the protective services, the central abuse investigation and if there is a disagreement, hotline, law enforcement, the child the officer will contact the supervisor. protection team, or the appropriate psychological examination(s) of the state attorney, without the written a. The supervisor will consult with the consent of the person reporting, on-call investigator, who has been pursuant to FSS 39.202 (4). designated by the Chief of Police as the suspects and other household department "Child Abuse Specialist". 15. Accurately and completely record all should be conducted at the Home Safe pertinent information on the appropriate 17. Once the future course of the report form(s). The report should contain: investigation has been determined; the victim(s) and suspect(s). officer will be responsible for completing the a. Identify the child abuse and/or Child Safety Review Database Form neglect crime. (Appendix A) and ensuring that the final appearance including their demeanor at determination is entered into the database. b. Date, time and location of crime. Order "Order Covering Interviews of c. Document the E-911 call or other recorded police lines, and the identity of IV. FOLLOW-UP INVESTIGATION: the caller, if available. A. Cases of child abandonment, abuse or d. Document any custody issues neglect will be assigned to an investigator for disclosed during the investigation. follow-up investigation and/ or review. e. Include all verbal or written 1. The investigator will review police reports statements. prepared in the preliminary investigation. f. Reference prior incident reports 2. The investigator will consult with the DCF developed during investigation. investigator to coordinate the medical or psychological examination(s) of the g. Document names, dates of birth, victim(s) and/or other siblings or children in social security numbers, addresses, the home. phone numbers of Victim(s), witnesses, suspects and other household a. The examination(s) or interview(s) members. should be conducted at the Home Safe Facility in conjunction with the child h. Document the relationship between protection team case coordinator. victim(s) and suspect(s). b. The investigator will ensure I. Describe victim(s) and suspect(s) adherence to the current Fifteenth appearance including their demeanor at Judicial Circuit Court Administrative the time of arrival at the scene. Order "Order Covering Interviews of Young Victims in Child and Sexual j. Document all injuries, physical Abuse Cases" in regards to the number conditions and medical treatment, of interviews a child victim is subjected including the names of medical facilities to. or Fre/rescue personnel. 3. The investigator may conduct additional interviews of witnesses, neighbors, reporting parties, and possible suspects to clarify information or seek additional details k. Identify other children present and or evidence that may have been unknown living at the residence and what action or missed during earlier phases of the Page 3 of 5 GULF STREAM POLICE DEPARTMENT -Child Abuse Protective Investigations SOP 18.24 investigation. 4. Investigators will ensure all physical evidence has been collected and for collect additional evidence and scientifically analyzed where appropriate, and all laboratory results are reviewed when available. a. Investigator will collect additional evidence as necessary. 5. The investigator will prepare, when necessary, a search warrant, or a lawfully obtained consent to search, to legally recover items of evidentiary value. 6. Investigators will consult with the Division Chief of the State Attorney's Office, Crimes against Children Unit to determine if probable cause exists. a. The investigator will prepare the necessary paperwork and file the case with the State Attorney's Office. b. If a probable cause arrest was made on the scene by the initial officer, the investigator reviewing the case will assist the officer with preparing the filing packet, if requested. c. If the decision is made not to make an arrest on a suspect, the investigator will document the reason in the final report. d. The investigator will be responsible to submit the final determination of a case to the Child Safety Review Database 7. All investigation in regards to the incident will be fully and accurately recorded on the proper report form. • SOP # 2.03 Arrest Procedures. • SOP # 17.04 Supervisor Notification. • SOP # 18.01 Criminal Investigations • SOP # 35.01 Crime Scene Investigation and Evidence Collection. SOP # 36.01 Property and Evidence Management. Odginal Issue: 07101/07 Garrett J. Ward, Chief of Police Page 4 of 5 GULF STREAM POLICE DEPARTMENT -Child Abuse Protective Investigations SOP# 18.24 Appendix A CHILD SAFETY REVIEW DATABASE COMPUTERIZED TEMPLATE COPIES OF THIS FORM ARE KEPT IN FILE CABINET #33A Page 5 of 5 GULF STREAM POLICE DEPARTMENT — Stalking Investigation SOP#18.25 STALKING INVESTIGATIONS EFFECTIVE 6//27/14 I POLICY STATEMENT It is the policy of the Gulf Stream Police Department to accurately report and aggressively investigate all reports of stalking. Any time a victim reports any type of harassing, threatening, or menacing behavior, the responding officer should consider the possibility of stalking. The Police Department's ultimate goal is to increase police awareness of stalking and to take proper police action when stalking is determined. II GOALS A) The Gulf Stream Police Department recognizes that stalking is a crime of violence, control, and intimidation. B) It is the goal of the Gulf Stream Police Department to prevent stalking violence through early identification of stalking behaviors and intervention. By holding offenders accountable, the department enhances the safety of stalking victims and the community at large. C) The Gulf Stream Police Department shall work cooperatively with the victims, courts and victim advocacy organizations to assure a comprehensive investigation and seek prosecution of the case. III DEFINITIONS A) Course of Conduct: a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests. B) Electronic Communication: any transfer of signs, signals, writings, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo -optical system. Includes transmissions by a computer through the Internet to another computer. C) Substantial Emotional Distress: significant mental suffering, anxiety, or alarm. D) Reasonable Person: A person in the victim's situation IV FLORIDA STALKING STATUTE A) Stalking: A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person. §784.048(2) B) Aggravated Stalking: I) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person.§784.048(3) ii) A person who, after an injunction for protection against repeat violence, sexual violence, or dating violence, domestic violence or after any other court - imposed prohibition of conduct toward the subject person or that person's property, knowingly, willfully, GULF STREAM POLICE DEPARTMENT — Stalking Investigation SOP#18.25 maliciously, and repeatedly individuals closely associated follows, harasses, or with the person, and which is cyberstalks another person. made with the apparent ability to §784.048(4) carry out the threat to cause such iii) A person who willfully, harm. It is not necessary to prove maliciously, and repeatedly that the person making the follows, harasses, cyberstalks threat had the intent to actually a child under 16 years of age. carry out the threat. The present §784.048(5) incarceration of the person iv) A person who, after having making the threat is not a bar to been sentence for a violation prosecution under this section. of 5.794.011, 800.04, or §784.048(1)(c) 847.0135(5) and prohibited F) Cyberstalk: engage in a course of from contacting the victim of conduct to communicate, or to the offense under s. 921.244, cause to be communicated willfully, maliciously, and words, images or language by or repeatedly follows, harasses, through the use of electronic mail or cyberstalks the victim. or electronic communication, §784.048(7) directed at a specific person, C) Harass: to engage in a course of causing substantial emotional conduct directed at a specific distress to that person and person which causes substantial serving no legitimate purpose. emotional distress to that person §784.048(1)(d) and serves no legitimate purpose. §784.048(1)(a) V STALKING INDICATORS D) Course of Conduct: a pattern of Common stalking behaviors include, conduct composed of a series of but are not limited to: acts over a period of time, A) Violation of injunction or however short, which evidences protective order a continuity of purpose. The term B) Repeated phone calls, does not include constitutionally voicemails, emails and text protected activity such as messaging (harassing, picketing or other organized threatening, obscene, or protests. §784.048(1)(b) otherwise) E) Credible threat: verbal or C) Physical or sexual assault nonverbal threat, or a D) Following, monitoring, pursing combination of the two including victim threats delivered by electronic E) Showing up at the victim's home, communication or implied by a place of employment, or other pattern of conduct, which places locations frequented by the the person who is the target of victim the threat in reasonable fear for F) Sending letters, cards, flowers or his or her safety or the safety of gifts to the victim his or her family members or 2 GULF STREAM POLICE DEPARTMENT — Stalking Investigation SOP#18.25 G) Breaking into the victim's home or vehicle H) Vandalizing the victim's home or vehicle 1) Stealing items from work, home, or vehicle J) Use of children to harass/monitor K) Threatening to commit suicide Q Threatening to kill or hurt the victim, family members, or pets M) Threatening while driving a car N) Transferring the victim's phone line to another line in order to monitor messages, disabling the phone or planting listening devices in the victim's home O) Using third party to contact or harass the victim P) Stealing or intercepting mail Q) Identity theft R) Tampering with victim's vehicle (i.e. placement of Global Positioning Device in vehicle without permission) VI INVESTIGATIVE PROCEDURES A) The Gulf Stream Police Department shall act quickly to investigate all harassment, threatening behavior, and stalking reports in order to secure evidence that will increase the possibility of securing a protective order and/or prosecution to hold the stalker accountable. B) This Police Department shall investigate all allegations of stalking to determine if there is probable cause for an arrest and/or charges should be brought to the State Attorney's Office. C) The investigating officers in a stalking case shall address the following: I) Consider and contact any other jurisdiction where similar allegations were reported. ii) Work collaboratively with other Police agencies and the State Attorney's Office to determine jurisdictional issues and/or prosecution iii) Use surveillance technology where possible, such as mobile tracking devices, fixed surveillance cameras, and call tracing to monitor suspect activities. iv) Consider arrest of the suspect on related charges when grounds for arrest for stalking have not been fully established. (1) Possible examples include: identity theft; wiretapping or utility theft; violation of injunction; kidnapping, and/or burglary. v) Officers shall acknowledge that stalking is a serious crime and shall be sensitive to victims' fears. vi) Officers shall refer to the Palm Beach County Anti - Stalking Collaborative Toolkit for the most comprehensive guide to holding perpetrators accountable and serving victims of stalking VII POLICE INTERVENTION A) Depending on the circumstances and level of threat, police officers 3 GULF STREAM POLICE DEPARTMENT — Stalking Investigation SOP#18.25 may take one or more intervention measures: i) Make direct contact with the suspect. This approach is particularly appropriate when the suspect has had a prior relationship with the victim and harassing or stalking behavior has not reached the threshold for establishing a violation of law. This approach should not be taken if there is reasonable suspicion, based upon the training and experience of the officer, that the suspect is mentally ill. ii) Violations of protective orders require a priority response. A violation is an escalated threat and provides officers grounds for direct intervention through arrest. Original Issue 06/37/14 Garrett J. Ward, Chief of Police M GULF STREAM POLICE DEPARTMENT — Stalking Investigation SOP#18.25 GULF STREAM POLICE DEPARTMENT -Juvenile Procedures SOP # 19.01 JUVENILE PROCEDURES EFFECTIVE DATE: 07101/07 I. POLICY: It is the responsibility of all members of the Gulf Stream Police Department to familiarize themselves with established procedures for handling both criminal and non -criminal juvenile incidents. Officers will, whenever reasonable, take those measures necessary to effect positive changes in juvenile offenders consistent with Florida State Statutes and the security interests of the community. A. Status Offender- A juvenile who is charged with an offense that would not be a crime if committed by an adult. B. Delinquent Child- A child found by a court to have committed a felony, misdemeanor, contempt of court, or violated a local ordinance and whose case has not been prosecuted as an adult case. C. Dependent Child- A child who: 1. Has been abandoned by his or her parents or custodian. 2. For any reason is homeless or destitute. 3. Has no proper parental support, maintenance, care, or guardianship. 4. Because of neglect by parents or guardian is deprived of education as required by law or of medical, psychiatric, psychological or other care necessary for well-being. D. Non -Secure Custody- A condition under which a juvenile's freedom of movement is controlled by members of this agency and, during such time, the juvenile: 1. Is held in an unlocked, multi-purpose area such as a report writing room or an office. 2. Is held long enough to complete identification, investigation and processing and then released to a responsible adult or transferred to the Juvenile Assessment Center (JAC). 3. Is held under continuous visual supervision until released. E. Secure Custody- When a juvenile is physically detained or confined in an area designed to securely detain persons who are in law enforcement custody. III. ENFORCEMENT ALTERNATIVES: A. Officers dealing with juveniles in status or delinquent offense(s) may exercise reasonable discretion when deciding which alternative is appropriate to the situation. Alternatives include, but are not limited to; 1. Release to a parent or guardian without further action. 2. Release to a parent or guardian with informal counseling to inform the youth of the consequences of his or her actions. 3. Referrals to community services. 4. Informal counseling of parents or responsible adults. 5. Issuance of summons or complaint. 6. Arrest under non -secure custody. 7. Arrest under secure custody. IV. ENFORCEMENT CRITERIA: A. The following general guidelines may be used to determine the appropriate enforcement action to take when dealing with juvenile incidents. 1. When some type of intervention is necessary to avoid additional status or delinquent acts by the child in the future, the officer may release to a parent or guardian without further action or following informal counseling and/or referral to community resources providing the child has had no prior enforcement contacts with the police. Examples of these incidents include, but are not limited to,: loitering, minor liquor law violations, and disorderly conduct. 2. Officers may elect to transport the youth to his or her home and make personal contact with the youth's parents or guardian to provide them with the information pertaining to their child's actions or detain Page 1 of 8 GULF STREAM POLICE DEPARTMENT -Juvenile Procedures SOP # 19.01 the youth at the police station or another designated facility until he or she is released to a parent or guardian when: a. The nature of the incident is of a more serious nature than previously outlined. b. The youth has received prior informal warnings or referrals or has engaged in delinquent acts. c. The youth's parents or guardians have apparently failed to provide appropriate control and supervision. 3. Officers will appropriately charge juveniles when the circumstances of the incident include: a. Acts that, if committed by an adult, would be a felony. b. Acts involving deadly weapons. c. Acts involving assault or battery or domestic battery. d. Acts while on probation or when they have charges pending against them. e. Acts as repeat offenders or when they have refused to participate in diversion or intervention programs. f. When it has been determined that parental or other adult supervision is ineffective. 4. An officer may also take a juvenile into custody if the youth is lost, seriously endangered, truant, or is a runaway. In all such cases, the juvenile will be held in non - secure custody and officers will contact the child's parents or guardian as soon as possible. When an officer is unable to contact a parent or guardian or other circumstances dictate, the officer may: a. When the child is lost or a runaway, the officer will contact the appropriate shelter and make arrangements for the child to be delivered there. b. When the child is truant, the child will be delivered to the Truancy Interdiction Program (TIP). c. When the child is seriously endangered, the officer will call the Abuse Hotline and make arrangements for the child to receive lodging at an approved site (see Appendix B). 5. In cases of alleged child abuse, officers will contact the supervisor unless probable cause justifies immediate action in order to protect the safety and well-being of the child. V. STATUS OFFENSES: A. Juveniles taken into custody for status offenses will be patted down for weapons prior to being transported and will be handcuffed or otherwise restrained. B. Officers will pay attention to juveniles under the influence of alcohol or other drugs and determine whether emergency medical services are necessary. C. Based on the seriousness of and circumstances surrounding the offense, the background and demeanor of the juvenile, and other relevant factors, an officer may release a juvenile to his or her parents, guardian, or other responsible adult. D. Juveniles taken into custody for status offenses will be held in non -secure custody for the least amount of time necessary to conduct identification, investigation and processing requirements to facilitate their release to a parent or responsible adult or transfer to the JAC. E. Status offenders and other juveniles taken into temporary non -secure custody for non- criminal type offenses should not be fingerprinted or photographed for purpose of record unless this can be accomplished with the juvenile's permission. F. Status offenders in temporary custody will not be placed in a holding area with adult suspects or detainees and will be under constant visual supervision. VI. TRUANCY INTERDICTION PROGRAM (TIP): A. Except for those students who have been suspended, expelled, or have a verifiable reason for not being in school, any youth found in a place other than school during school hours is eligible for the Truancy Interdiction Program. The TIP Center is open to receive truants normally between 0900 hours and 1400 hours Page 2 of 8 GULF STREAM POLICE DEPARTMENT -Juvenile Procedures SOP # 19.01 students picked up after 1400 hours are to be returned to the school they normally attend. 1. Truancy interdiction begins with uniformed patrol officers stopping and questioning school age children who are not in school during school hours. 2. Children stopped under the TIP program are checked via the dispatch center with the School District Police Dispatch or local school for suspension, expulsion, withdrawal, or other non -truant status information. 3. When the youth is truant, he or she will be transported to the TIP Center. 4. Upon arrival at the TIP Center, the officer will complete a Field Investigation Report (FIR) supplying basic information about the child. 5. The officer will then give custody of the child to the TIP personnel and go back into service. 6. The TIP staff is responsible for notifying the child's school, parent or guardian. TIP will also advise the parents or guardian of the F.S.S. regarding mandatory school attendance and their responsibility to assure attendance. VII. DELINQUENT (CRIMINAL TYPE) OFFENSES: A. Juveniles arrested for delinquent offenses are subject to the same security requirements as adults and will be handcuffed or otherwise restrained as necessary during transport and processing. B. Juveniles accused of delinquent offenses may be securely detained only for the period of time and in the manner prescribed by law to allow for identification, investigation, processing, and released to parents or a responsible adult, or transferred to the JAC. C. The juvenile should be informed of the procedures that will be followed in regard to custody, release, and/or transport to another facility. VIII. CITATION OR SUMMONS ALTERNATIVES FOR JUVENILES: A. Officers taking juveniles into custody for status offenses or misdemeanor infractions in which no crime of violence occurred may release the juvenile to his or her parent, guardian, or other responsible adult in lieu of taking the juvenile to the JAC. 1. Juveniles will only be released to "responsible adults" when all reasonable efforts to contact a parent or legal guardian have been exhausted. The person the child is released to must produce some type of identification. The officer will document the type of identification presented in his or her report. B. When arresting for criminal traffic violations and misdemeanors, officers will complete all necessary paperwork and advise the parent, guardian, or other responsible adult and the juvenile that the Juvenile Court will be contacting them with a court date at which the youth must appear to answer the charges. IX. JUVENILE ARREST PROCEDURE: A. Florida law authorizes officers to take a child into custody for a delinquent act or violation of the law (misdemeanor, felony, local ordinance). The laws of arrest that apply to an adult also apply to a juvenile. B. When an officer arrests a juvenile, the following procedures will be followed by the arresting officer: 1. Handcuff the juvenile and transport him or her to the police station, JAC, his or her residence, or other appropriate location. . a. While the handcuffing of juvenile prisoners prior to transport is the routine course of action, there may be an occasion when prisoner restraint may be modified or not employed when dealing with the very young or the physically or medically impaired juvenile. 2. Notify a dispatcher of the destination when transporting a juvenile as well as the beginning and ending mileage. 3. Make every reasonable effort to notify the parent or legal custodian that the child is in police custody as soon as possible. Upon notification of a parent or guardian, the following information will be supplied immediately: Page 3 of 8 GULF STREAM POLICE DEPARTMENT -Juvenile Procedures SOP # 19.01 a. The reason for detention. b. The place of detention. 4. Check NCIC, FCIC, PALMS, and JAC determine if the juvenile has any active warrants, a Pick -Up Order, is a runaway, or has been adjudicated as an adult. C. Juveniles brought to the police station, whether or not in secure custody, are to be held separate from the adult detainees. 1. Officer(s) will ensure that juveniles have no visual or audible contact with adult detainees. D. When a juvenile is arrested for any crime that, if committed by an adult, would be a felony or the crime involves the use of violence: 1. The officer will complete all paperwork and transport the juvenile to the JAC. 2. Notification will be made by the arresting officer by contacting the School Board Police (see Appendix A). E. All juveniles taken into custody for a delinquent act will be taken without unreasonable delay to the police station or JAC, unless medical treatment is necessary. If an arrested juvenile is believed to be intoxicated, drugged, or injured to such a degree that his or her health is in danger and the officer believes medical attention is necessary, the officer will: 1. Have the juvenile assessed by Fire/Rescue; 2. Notify the supervisor; 3. Contact the juvenile's parents or legal guardian; 4. If advised by Fire/Rescue, arrange for the juvenile to be examined/ treated by a physician. If the juvenile is in no immediate danger and the physician medically releases the juvenile, a release may be signed by the physician. F. If the child is admitted to the hospital and the parent(s)/legal guardian cannot be contacted, the officer will contact the JAC. 1. The referral will be delivered to the JAC intake immediately. 2. The arresting officer must make arrangements for the child's admission to the hospital. The arresting officer must immediately contact the JAC intake so that a caseworker can be assigned regarding the dependency issue. G. If the arrested juvenile appears to meet the criteria for involuntary psychiatric examination, the juvenile will be transported to the South County Mental Health Center. The officer will complete a written report detailing the circumstances. H. Juveniles arrested for felonies and the following misdemeanors will be fingerprinted and photographed: Assault, battery, carrying concealed weapon, unlawful use of a destructive device or bomb, child abuse, negligent treatment of children, assault or battery of a law enforcement officer/firefighter or other special officer, open carrying of a weapon, exposure of sexual organs, unlawful possession of a firearm, petit theft, cruelty to animals and arson. 1. If the juvenile is transported to JAC, the fingerprints and photographs will be completed at JAC. X. SERIOUS HABITUAL OFFENDER COMPREHENSIVE ACTION PROGRAM SHOCAP: A. When an officer or investigator makes contact with a juvenile, regardless if the juvenile is a witness, victim, or suspect in an incident, the officer or investigator will ensure that a PALMS check is made at that time to ascertain if the youth has acquired SHOCAP status. 1. When the juvenile has been confirmed to be a SHOCAP youth and a crime has been committed or the stipulations of the juvenile's probation have been violated, he or she will be placed under arrest and transported to the appropriate facility. XI. JUVENILE FIRST OFFENDER PROGRAM: A. When a juvenile is arrested for a Page 4 of 8 GULF STREAM POLICE DEPARTMENT -Juvenile Procedures SOP # 19.01 misdemeanor or violation of a city or county ordinance, the officer should contact intake at the JAC to ascertain whether the arrestee is a first time offender. B. When it is confirmed that the juvenile is a first time offender, all efforts should be made to contact the parents or guardian of the arrestee prior to taking him or her to the JAC. C. The officer may resolve the first offense crime with the involved parties and the arrestee through some type of agreement or diversionary program, thus eliminating any court proceeding or action. XII. QUESTIONING, INTERVIEWS, INTERROGATIONS: A. When a juvenile is to be questioned about a crime in which he or she is suspected of being involved, and a "custodial interrogation" situation exists, the juvenile will be afforded the same Constitutional Rights as an adult regarding Miranda Rights. 1. Parents or guardians should be notified of the interrogation and be present when possible. a. Officers must make every effort to locate the parent or guardian and be able to articulate their efforts in court. 2. When the parent or guardian is located and refuses to be present or authorizes the officer to go forward with the interrogation without his or her presence, the officer may begin the interrogation and then document the facts surrounding the reasons a parent or guardian was not present in his or her report . 3. If a parent or guardian cannot be located and notified of the intended interrogation, the officer may proceed with the interrogation. 4. Notification to the parent or guardian that the juvenile is in custody and the need to interrogate the juvenile should be written into the report by the officer. Unsuccessful attempts to locate the parents or guardian should also be written into the report by the officer. Information should include who made or attempted to make the notification and how notification, or the attempts to notify, were made and when. 5. Prior to the interrogation, the officer will consider the juvenile's age, educational level, ability to read, write and understand the English language, or the child's native language, the location of the interrogation, the number of people present, requests by the juvenile, and the juvenile's Miranda rights. a. It is the officer's responsibility to ensure that the juvenile fully understands his or her rights. The officer will explain the rights so they are easily understood. The officer must be able to clearly articulate how the officer knew the juvenile understood his or her rights and explain in court, if necessary. 6. The time of interrogation should be limited to the time necessary to obtain the information on the matter of concern. Periodic breaks and rest periods will be included as appropriate. 7. The number of officers and other concerned parties will be limited to the fewest number present as possible. When possible, two (2) officers should be present during the interrogation. 8. No more than two (2) officers should interview the juvenile during any interview/ interrogation session to prevent allegations of coercion. Others (Investigators, DCF case workers, Sexual Assault Assistance Program Counselors etc.) may be present, but should not participate in the interview. 9. When a juvenile refuses to give a statement, the parent or guardian will not demand or force the child to give a statement. 10. The interrogation should be audio recorded on a cassette. XIII. PROCEDURES FOR HANDLING DEPENDENT CHILDREN: A. Taking custody of a child without a court order, except arrests for delinquent acts, is to be effected only in those instances where the circumstances are of an emergency nature and immediate action is necessary or if the juvenile is alleged to have engaged in non -criminal misbehavior (a status offense). 1. Runaways are taken into custody and Page 5 of 8 GULF STREAM POLICE DEPARTMENT -Juvenile Procedures SOP # 19.01 returned to parents/guardians or other appropriate facilities as outlined in department Missing Person Procedure. 2. Truants may only be taken into custody for the purpose of transporting him/her to the TIP Center or back to his/her school or other designated location. The officer may release a child who is over sixteen (16) years of age and has a work permit or a certificate exempting him/her from school or if the officer is able to verify or determine the juvenile has a reasonable explanation for school absence. 3. Parent(s) or guardian(s) of ungovernable juveniles should be referred to the Florida Division Children and Family (DCF) for assistance. B. When a child is not in immediate danger, (considering the child's age, physical/mental condition and source of danger), and a parent or other responsible adult is present, the child need not be taken into custody. C. If a child alleges, or has been reported as being physically, mentally, or sexually abused by a person of familial or custodial authority and the accused lives within the child's residence or has ready access to the child, DCF will be contacted through the Abuse Registry (see Appendix B). 1. The local DCF Office may also be contacted in addition to the Abuse Registry if case facts dictate the necessity for immediate response of a DCF caseworker. 2. Case details will be discussed with the DCF case worker, who is responsible for determining whether the child should remain at home, be allowed to stay with a relative or friend, or be placed in temporary shelter. If the officer turns a juvenile over to a DCF caseworker for placement into a shelter, the case worker will complete a Juvenile Affidavit for dependency. D. When necessary, an officer may take a dependent child into custody and deliver the child, without delay, to a DCF case worker, JAC intake, Safe Harbor Runaway Shelter, or a mental health facility as case facts dictate. E. The name and location of the placement facility or shelter will not be released except to those persons acting in official capacities with duly recognized governmental agencies, unless authorized by DCF. F. If the child is a recovered runaway the parent(s), legal guardian(s) or other responsible adult relative may be informed of the child's placement at Safe Harbor Runaway Shelter, or other similar facility, unless allegations of abuse have been made and an DCF investigation is pending; the assigned DCF caseworker will determine to whom and when this information will be released. G. All necessary offense reports and other applicable forms must be completed by the officer when the juvenile has been handled as a dependent or a delinquent child. H. Interviews and/or arrests on school property may be made or conducted: 1. If there is a proper setting for the interview. 2. Within the guidelines of department and school policies. 3. When investigating an incident on school property. 4. During a routine investigation. 5. In schools where School District Police Officers are assigned, the investigating officer should make every effort to coordinate the interview or arrest through the School District Officer. XIV. JUVENILE RECORDS: A. For guidelines pertaining to the maintenance, distribution, and confidentiality of juvenile records refer to the Records Function SOP. XV. PROCEDURE FOR HANDLING JUVENILE TRAFFIC VIOLATION: A Juveniles may be issued citations for non- criminal traffic violations and released from the scene. B. Juveniles charged with criminal traffic offenses or violations of Chapter 322 F.S.S. may be released after being issued a traffic citation by: 1. Releasing the child on his or her own recognizance; Page 6 of 8 GULF STREAM POLICE DEPARTMENT -Juvenile Procedures SOP # 19.01 2. Releasing the child to a parent, guardian, or other responsible adult; or 3. Transport the juvenile to the JAC. A photocopy of the traffic citation will be provided to the intake officer along with a copy of the Juvenile Affidavit. The traffic citation will follow normal routing. a. If the juvenile is arrested for DUI, he or she will be treated the same as an adult. 4. Juveniles who refuse to sign a traffic citation will be taken into custody and the officer will notify the supervisor. a. The juvenile will be transported to the police station where the officer will attempt to contact the juvenile's parent(s), guardian(s), or a responsible adult. b. If one of the aforementioned persons is contacted the juvenile may be released to that person after being Original Issue: 07/01/07 advised of the mandatory court appearance. If the officer cannot contact any of the aforementioned persons, he or she will complete a Juvenile Affidavit and transport the juvenile to the JAC. 5. When a juvenile is arrested for a felony traffic offense, the arresting officer will follow the same procedure as in any juvenile felony arrest. XVI. REFERENCES: • SOP # 2.03 Arrest Procedures. • SOP # 22.01 Traffic Enforcement. • SOP # 29.01 Arrestee Transportation. • SOP # 30.01 Prisoner Holding Area. • SOP # 34.01 Records Function. • F.S.S., Ch. 39 Proceedings Relating to Children. • F.S.S. Ch. 322 Drivers' Licenses. • F.S.S., Ch. 394 Mental Health. • F.S.S. 743.064 Emergency medical care or treatment to minors without parental consent. Garrett J. Ward, Chief of Police Page 7 of 8 GULF STREAM POLICE DEPARTMENT -Juvenile Procedures SOP # 19.01 APPENDIX A A. To inform the School Board of a juvenile's arrest contact the School Board Police at (561) 434-8700. APPENDIX B A. When a child alleges abuse, or has been reported as being abused in any way, the DCF will be contacted through the 1 -800 -96 -ABUSE registry. Page 8 of 8 GULF STREAM POLICE DEPARTMENT -Juvenile Procedures JUVENILE PROCEDURES EFFECTIVE DATE: 07101/07 I. POLICY: It is the responsibility of all members of the Gulf Stream Police Department to familiarize themselves with established procedures for handling both criminal and non -criminal juvenile incidents. Officers will, whenever reasonable, take those measures necessary to effect positive changes in juvenile offenders consistent with Florida State Statutes and the security interests of the community. II. DEFINITIONS: A. Status Offender- A juvenile who is charged with an offense that would not be a crime if committed by an adult. B. Delincuent Child- A child found by a court to have committed a felony, misdemeanor, contempt of court, or violated a local ordinance and whose case has not been prosecuted as an adult case. C. Dependent Child- A child who: 1. Has been abandoned by his or her parents or custodian. 2. For any reason is homeless or destitute. 3. Has no proper parental support, maintenance, care, or guardianship. 4. Because of neglect by parents or guardian is deprived of education as required by law or of medical, psychiatric, psychological or other care necessary for well-being. D. Non -Secure Custody- A condition under which a juvenile's freedom of movement is controlled by members of this agency and, during such time, the juvenile: 1. Is held in an unlocked, multi-purpose area such as a report writing room or an office. 2. Is held long enough to complete identification, investigation and processing and then released to a responsible adult or transferred to the Juvenile Assessment Center (JAC). SOP # 19.01 3. Is held under continuous visual supervision until released. E. Secure Custody- When a juvenile is physically detained or confined in an area designed to securely detain persons who are in law enforcement custody. III. ENFORCEMENT ALTERNATIVES: A. Officers dealing with juveniles in status or delinquent offense(s) may exercise reasonable discretion when deciding which alternative is appropriate to the situation. Alternatives include, but are not limited to; 1. Release to a parent or guardian without further action. 2. Release to a parent or guardian with informal counseling to inform the youth of the consequences of his or her actions. 3. Referrals to community services. 4. Informal counseling of parents or responsible adults. 5. Issuance of summons or complaint. 6. Arrest under non -secure custody. 7. Arrest under secure custody. IV. ENFORCEMENT CRITERIA: A. The following general guidelines may be used to determine the appropriate enforcement action to take when dealing with juvenile incidents. 1. When some type of intervention is necessary to avoid additional status or delinquent acts by the child in the future, the officer may release to a parent or guardian without further action or following informal counseling and/or referral to community resources providing the child has had no prior enforcement contacts with the police. Examples of these incidents include, but are not limited to,: loitering, minor liquor law violations, and disorderly conduct. 2. Officers may elect to transport the youth to his or her home and make personal contact with the youth's parents or guardian to provide them with the information pertaining to their child's actions or detain Page 1 of 8 GULF STREAM POLICE DEPARTMENT -Juvenile Procedures SOP # 19.01 the youth at the police station or another endangered, the officer will call the designated facility until he or she is Abuse Hotline and make arrangements released to a parent or guardian when: for the child to receive lodging at an domestic battery. approved site (see Appendix B). a. The nature of the incident is of a juvenile to his or her parents, guardian, or other more serious nature than previously 5. In cases of alleged child abuse, officers outlined. will contact the supervisor unless probable cause justifies immediate action in order to b. The youth has received prior informal protect the safety and well-being of the warnings or referrals or has engaged in child. delinquent acts. identification, investigation and processing V. STATUS OFFENSES: c. The youth's parents or guardians parent or responsible adult or transfer to the have apparently failed to provide A. Juveniles taken into custody for status appropriate control and supervision. offenses will be patted down for weapons prior to being transported and will be handcuffed or 3. Officers will appropriately charge otherwise restrained. juveniles when the circumstances of the criminal type offenses should not be incident include: B. Officers will pay attention to juveniles under such cases, the juvenile will be held in non- the influence of alcohol or other drugs and a. Acts that, if committed by an adult, determine whether emergency medical services would be a felony. are necessary. b. Acts involving deadly weapons. C. Based on the seriousness of and circumstances surrounding the offense, the c. Acts involving assault or battery or background and demeanor of the juvenile, and domestic battery. other relevant factors, an officer may release a juvenile to his or her parents, guardian, or other d. Acts while on probation or when they responsible adult. have charges pending against them. D. Juveniles taken into custody for status e. Acts as repeat offenders or when offenses will be held in non -secure custody for they have refused to participate in the least amount of time necessary to conduct diversion or intervention programs. identification, investigation and processing requirements to facilitate their release to a f. When it has been determined that parent or responsible adult or transfer to the parental or other adult supervision is JAC. ineffective. E. Status offenders and other juveniles taken 4. An officer may also take a juvenile into into temporary non -secure custody for non - custody if the youth is lost, seriously criminal type offenses should not be endangered, truant, or is a runaway. In all fingerprinted or photographed for purpose of such cases, the juvenile will be held in non- record unless this can be accomplished with the secure custody and officers will contact the juvenile's permission. child's parents or guardian as soon as possible. When an officer is unable to F. Status offenders in temporary custody will not contact a parent or guardian or other be placed in a holding area with adult suspects circumstances dictate, the officer may: or detainees and will be under constant visual supervision. a. When the child is lost or a runaway, the officer will contact the appropriate VI. TRUANCY INTERDICTION PROGRAM (TIP): shelter and make arrangements for the child to be delivered there. A. Except for those students who have been suspended, expelled, or have a verifiable b. When the child is truant, the child will reason for not being in school, any youth found be delivered to the Truancy Interdiction in a place other than school during school hours Program (TIP). is eligible for the Truancy Interdiction Program. The TIP Center is open to receive truants c. When the child is seriously normally between 0900 hours and 1400 hours Page 2 of 8 GULF STREAM POLICE DEPARTMENT -Juvenile Procedures SOP # 19.01 students picked up after 1400 hours are to be returned to the school they normally attend. 1. Truancy interdiction begins with uniformed patrol officers stopping and questioning school age children who are not in school during school hours. 2. Children stopped under the TIP program are checked via the dispatch center with the School District Police Dispatch or local school for suspension, expulsion, withdrawal, or other non -truant status information. 3. When the youth is truant, he or she will be transported to the TIP Center. 4. Upon arrival at the TIP Center, the officer will complete a Field Investigation Report (FIR) supplying basic information about the child. 5. The officer will then give custody of the child to the TIP personnel and go back into service. 6. The TIP staff is responsible for notifying the child's school, parent or guardian. TIP will also advise the parents or guardian of the F.S.S. regarding mandatory school attendance and their responsibility to assure attendance. VII. DELINQUENT (CRIMINAL TYPE) OFFENSES: A. Juveniles arrested for delinquent offenses are subject to the same security requirements as adults and will be handcuffed or otherwise restrained as necessary during transport and processing. B. Juveniles accused of delinquent offenses may be securely detained only for the period of time and in the manner prescribed by law to allow for identification, investigation, processing, and released to parents or a responsible adult, or transferred to the JAC. C. The juvenile should be informed of the procedures that will be followed in regard to custody, release, and/or transport to another facility. VIII. CITATION OR SUMMONS ALTERNATIVES FOR JUVENILES: A. Officers taking juveniles into custody for status offenses or misdemeanor infractions in which no crime of violence occurred may release the juvenile to his or her parent, guardian, or other responsible adult in lieu of taking the juvenile to the JAC. 1. Juveniles will only be released to "responsible adults" when all reasonable efforts to contact a parent or legal guardian have been exhausted. The person the child is released to must produce some type of identification. The officer will document the type of identification presented in his or her report. B. When arresting for criminal traffic violations and misdemeanors, officers will complete all necessary paperwork and advise the parent, guardian, or other responsible adult and the juvenile that the Juvenile Court will be contacting them with a court date at which the youth must appear to answer the charges. IX. JUVENILE ARREST PROCEDURE: A. Florida law authorizes officers to take a child into custody for a delinquent act or violation of the law (misdemeanor, felony, local ordinance). The laws of arrest that apply to an adult also apply to a juvenile. B. When an officer arrests a juvenile, the following procedures will be followed by the arresting officer: 1. Handcuff the juvenile and transport him or her to the police station, JAC, his or her residence, or other appropriate location. . a. While the handcuffing of juvenile prisoners prior to transport is the routine course of action, there may be an occasion when prisoner restraint may be modified or not employed when dealing with the very young or the physically or medically impaired juvenile. 2. Notify a dispatcher of the destination when transporting a juvenile as well as the beginning and ending mileage. 3. Make every reasonable effort to notify the parent or legal custodian that the child is in police custody as soon as possible. Upon notification of a parent or guardian, the following information will be supplied immediately: Page 3 of 8 GULF STREAM POLICE DEPARTMENT -Juvenile Procedures SOP # 19.01 a. The reason for detention. b. The place of detention. 4. Check NCIC, FCIC, PALMS, and JAC determine if the juvenile has any active warrants, a Pick -Up Order, is a runaway, or has been adjudicated as an adult. C. Juveniles brought to the police station, whether or not in secure custody, are to be held separate from the adult detainees. 1.Officer(s) will ensure that juveniles have no visual or audible contact with adult detainees. D. When a juvenile is arrested for any crime that, if committed by an adult, would be a felony or the crime involves the use of violence: 1. The officer will complete all paperwork and transport the juvenile to the JAC. 2. Notification will be made by the arresting officer by contacting the School Board Police (see Appendix A). E. All juveniles taken into custody for a delinquent act will be taken without unreasonable delay to the police station or JAC, unless medical treatment is necessary. If an arrested juvenile is believed to be intoxicated, drugged, or injured to such a degree that his or her health is in danger and the officer believes medical attention is necessary, the officer will: 1. Have the juvenile assessed by Fire/Rescue; 2. Notify the supervisor; 3. Contact the juvenile's parents or legal guardian; 4. If advised by Fire/Rescue, arrange for the juvenile to be examined/ treated by a physician. If the juvenile is in no immediate danger and the physician medically releases the juvenile, a release may be signed by the physician. F. If the child is admitted to the hospital and the parent(s)/legal guardian cannot be contacted, the officer will contact the JAC. 1. The referral will be delivered to the JAC intake immediately. 2. The arresting officer must make arrangements for the child's admission to the hospital. The arresting officer must immediately contact the JAC intake so that a caseworker can be assigned regarding the dependency issue. G. If the arrested juvenile appears to meet the criteria for involuntary psychiatric examination, the juvenile will be transported to the South County Mental Health Center. The officer will complete a written report detailing the circumstances. H. Juveniles arrested for felonies and the following misdemeanors will be fingerprinted and photographed: Assault, battery, carrying concealed weapon, unlawful use of a destructive device or bomb, child abuse, negligent treatment of children, assault or battery of a law enforcement officer/firefighter or other special officer, open carrying of a weapon, exposure of sexual organs, unlawful possession of a firearm, petit theft, cruelty to animals and arson. 1. If the juvenile is transported to JAC, the fingerprints and photographs will be completed at JAC. X. SERIOUS HABITUAL OFFENDER COMPREHENSIVE ACTION PROGRAM (SHOCAP): A. When an officer or investigator makes contact with a juvenile, regardless if the juvenile is a witness, victim, or suspect in an incident, the officer or investigator will ensure that a PALMS check is made at that time to ascertain if the youth has acquired SHOCAP status. 1. When the juvenile has been confirmed to be a SHOCAP youth and a crime has been committed or the stipulations of the juvenile's probation have been violated, he or she will be placed under arrest and transported to the appropriate facility. XI. JUVENILE FIRST OFFENDER PROGRAM: A. When a juvenile is arrested for a Page 4 of 8 GULF STREAM POLICE DEPARTMENT -Juvenile Procedures SOP # 19.01 misdemeanor or violation of a city or county ordinance, the officer should contact intake at the JAC to ascertain whether the arrestee is a first time offender. B. When it is confirmed that the juvenile is a first time offender, all efforts should be made to contact the parents or guardian of the arrestee prior to taking him or her to the JAC. C. The officer may resolve the first offense crime with the involved parties and the arrestee through some type of agreement or diversionary program, thus eliminating any court proceeding or action. XII. QUESTIONING, INTERVIEWS, INTERROGATIONS: A. When a juvenile is to be questioned about a crime in which he or she is suspected of being involved, and a "custodial interrogation" situation exists, the juvenile will be afforded the same Constitutional Rights as an adult regarding Miranda Rights. 1. Parents or guardians should be notified of the interrogation and be present when possible. a. Officers must make every effort to locate the parent or guardian and be able to articulate their efforts in court. 2. When the parent or guardian is located and refuses to be present or authorizes the officer to go forward with the interrogation without his or her presence, the officer may begin the interrogation and then document the facts surrounding the reasons a parent or guardian was not present in his or her report . 3. If a parent or guardian cannot be located and notified of the intended interrogation, the officer may proceed with the interrogation. 4. Notification to the parent or guardian that the juvenile is in custody and the need to interrogate the juvenile should be written into the report by the officer. Unsuccessful attempts to locate the parents or guardian should also be written into the report by the officer. Information should include who made or attempted to make the notification and how notification, or the attempts to notify, were made and when. 5. Prior to the interrogation, the officer will consider the juvenile's age, educational level, ability to read, write and understand the English language, or the child's native language, the location of the interrogation, the number of people present, requests by the juvenile, and the juvenile's Miranda rights. a. It is the officer's responsibility to ensure that the juvenile fully understands his or her rights. The officer will explain the rights so they are easily understood. The officer must be able to clearly articulate how the officer knew the juvenile understood his or her rights and explain in court, if necessary. 6. The time of interrogation should be limited to the time necessary to obtain the information on the matter of concern. Periodic breaks and rest periods will be included as appropriate. 7. The number of officers and other concerned parties will be limited to the fewest number present as possible. When possible, two (2) officers should be present during the interrogation. B. No more than two (2) officers should interview the juvenile during any interview/ interrogation session to prevent allegations of coercion. Others (Investigators, DCF case workers, Sexual Assault Assistance Program Counselors etc.) may be present, but should not participate in the interview. 9. When a juvenile refuses to give a statement, the parent or guardian will not demand or force the child to give a statement. 10. The interrogation should be audio recorded on a cassette. XIII. PROCEDURES FOR HANDLING DEPENDENT CHILDREN: A. Taking custody of a child without a court order, except arrests for delinquent acts, is to be effected only in those instances where the circumstances are of an emergency nature and immediate action is necessary or if the juvenile is alleged to have engaged in non -criminal misbehavior (a status offense). 1. Runaways are taken into custody and Page 5 of 8 GULF STREAM POLICE DEPARTMENT -Juvenile Procedures SOP # 19.01 returned to parents/guardians or other appropriate facilities as outlined in department Missing Person Procedure. 2. Truants may only be taken into custody for the purpose of transporting him/her to the TIP Center or back to his/her school or other designated location. The officer may release a child who is over sixteen (16) years of age and has a work permit or a certificate exempting him/her from school or if the officer is able to verify or determine the juvenile has a reasonable explanation for school absence. 3. Parent(s) or guardian(s) of ungovernable juveniles should be referred to the Florida Division Children and Family (DCF) for assistance. B. When a child is not in immediate danger, (considering the child's age, physical/mental condition and source of danger), and a parent or other responsible adult is present, the child need not be taken into custody. C. If a child alleges, or has been reported as being physically, mentally, or sexually abused by a person of familial or custodial authority and the accused lives within the child's residence or has ready access to the child, DCF will be contacted through the Abuse Registry (see Appendix B). 1. The local DCF Office may also be contacted in addition to the Abuse Registry if case facts dictate the necessity for immediate response of a DCF caseworker. 2. Case details will be discussed with the DCF case worker, who is responsible for determining whether the child should remain at home, be allowed to stay with a relative or friend, or be placed in temporary shelter. If the officer turns a juvenile over to a DCF caseworker for placement into a shelter, the case worker will complete a Juvenile Affidavit for dependency. D. When necessary, an officer may take a dependent child into custody and deliver the child, without delay, to a DCF case worker, JAC intake, Safe Harbor Runaway Shelter, or a mental health facility as case facts dictate. E. The name and location of the placement facility or shelter will not be released except to those persons acting in official capacities with duly recognized governmental agencies, unless authorized by DCF. F. If the child is a recovered runaway the parent(s), legal guardian(s) or other responsible adult relative may be informed of the child's placement at Safe Harbor Runaway Shelter, or other similar facility, unless allegations of abuse have been made and an DCF investigation is pending; the assigned DCF caseworker will determine to whom and when this information will be released. G. All necessary offense reports and other applicable forms must be completed by the officer when the juvenile has been handled as a dependent or a delinquent child. H. Interviews and/or arrests on school property may be made or conducted: 1. If there is a proper setting for the interview. 2. Within the guidelines of department and school policies. 3. When investigating an incident on school property. 4. During a routine investigation. 5. In schools where School District Police Officers are assigned, the investigating officer should make every effort to coordinate the interview or arrest through the School District Officer. XIV. JUVENILE RECORDS: A. For guidelines pertaining to the maintenance, distribution, and confidentiality of juvenile records refer to the Records Function SOP. XV. PROCEDURE FOR HANDLING JUVENILE TRAFFIC VIOLATION: A Juveniles may be issued citations for non- criminal traffic violations and released from the scene. B. Juveniles charged with criminal traffic offenses or violations of Chapter 322 F.S.S. may be released after being issued a traffic citation by: 1. Releasing the child on his or her own recognizance; Page 6 of 8 GULF STREAM POLICE DEPARTMENT -Juvenile Procedures SOP # 19.01 2. Releasing the child to a parent, guardian, or other responsible adult; or 3. Transport the juvenile to the JAC. A photocopy of the traffic citation will be provided to the intake officer along with a copy of the Juvenile Affidavit. The traffic citation will follow normal routing. a. If the juvenile is arrested for DUI, he or she will be treated the same as an adult. 4. Juveniles who refuse to sign a traffic citation will be taken into custody and the officer will notify the supervisor. a. The juvenile will be transported to the police station where the officer will attempt to contact the juvenile's parent(s), guardian(s), or a responsible adult. b. If one of the aforementioned persons is contacted the juvenile may be released to that person after being Original issue: 07/01/07 advised of the mandatory court appearance. If the officer cannot contact any of the aforementioned persons, he or she will complete a Juvenile Affidavit and transport the juvenile to the JAC. 5. When a juvenile is arrested for a felony traffic offense, the arresting officer will follow the same procedure as in any juvenile felony arrest. XVI. REFERENCES: • SOP # 2.03 Arrest Procedures. • SOP # 22.01 Traffic Enforcement. • SOP # 29.01 Arrestee Transportation. • SOP # 30.01 Prisoner Holding Area. • SOP # 34.01 Records Function. • F.S.S., Ch. 39 Proceedings Relating to Children. • F.S.S. Ch. 322 Drivers' Licenses. • F.S.S., Ch. 394 Mental Health. • F.S.S. 743.064 Emergency medical care or treatment to minors without parental consent. Garrett J. Ward, Chief of Police Page 7 of 8 GULF STREAM POLICE DEPARTMENT -Juvenile Procedures SOP # 19.01 APPENDIX A A. To inform the School Board of a juvenile's arrest contact the School Board Police at (561) 434-8700. APPENDIX B A. When a child alleges abuse, or has been reported as being abused in any way, the DCF will be contacted through the 1 -800 -96 -ABUSE registry. Page 8 of 8 GULF STREAM POLICE DEPARTMENT -Hurricane Procedures SOP # 20.01 HURRICANE PREPAREDNESS III. POLICE COMMAND CENTER AND FIELD PROCEDURE OPERATIONS: EFFECTIVE: 07101107 I. POLICY: The Gulf Stream Police Department will provide police protection and services to the citizens of the Town when a hurricane threatens or strikes the Town. In an emergency situation such as a hurricane, each employee must know his or her duties and responsibilities. The department will follow established guidelines outlined in the Town of Gulf Stream Hurricane Manual. IL DEFINITIONS: A. Advisory - A Weather Advisory is a message that is issued by the National Hurricane Service concerning tropical storms and hurricanes. An Advisory states details relative to the location, intensity, and direction of travel and speed of a tropical storm or hurricane. B. Bulletin - A Weather Bulletin is a public release from the National Hurricane Center during periods between advisories; it announces the latest details on the tropical storm or hurricane. C. Tropical Storm Warning - A Tropical Storm Warning is a warning of winds within the range of 39-73 MPH (34-63 knots). D. Hurricane Watch - A Hurricane Watch is an advance statement that is issued by the National Hurricane Center. It implies the possibility of dangerous conditions within 24-48 hours. Precautionary action should be taken in case Hurricane Warnings are forthcoming. E. Hurricane Warning - A Hurricane Warning indicates that hurricane winds of 74 MPH (64 Knots) or higher, or a combination of dangerously high water and rough seas are expected in a specified area and hurricane conditions are considered imminent and may begin within the next 24 hours. F. Hurricane - A Hurricane is a violent storm originating over tropical waters with winds near its center reach 74 MPH or higher. In size, the storm may range from 50 to 1,000 miles in diameter. A. The Police Command Center is the central facility for coordinating and controlling departmental responses during a hurricane emergency. The Chief of Police will be in charge of the Police Command Center and a supervisor will be designated as Field Commander, as designated by the Chief of Police. B. The primary Police Command Center will be located in the Administrative Services area of the police department. 1. Hurricane Kits, each contained in a marked expandable folder, will be kept in the command center. The Hurricane Kits will be maintained by the Chief of Police, and will contain the following items: a. Hurricane Notification Checklist. b. Call out list. c. Departmental phone list including cell phone list. d. Inter -Departmental EOC contact list. e. Town personnel phone list. f. Contact phone numbers for outside agencies. g. Map of greater Gulf Stream area depicting evacuation areas, evacuation routes, shelters, and traffic control points. h. List of area hospitals and phone numbers. i. List of Vendors and a list of alternate Vendors. Page 1 of 7 GULF STREAM POLICE DEPARTMENT -Hurricane Procedures SOP # 20.01 C. In the case of a Category 1, 2 or 3 Hurricane the, Town's EOC will be located in the main briefing room of the police station. If the storm is a Category 4 or above the Town EOC will be located at an alternate site. In either event, one of the Hurricane Kits will be delivered to the Chief of Police, at the appropriate location. The second kit will go to the Police Command Center, third to EOC, forth to dispatch, and the fifth will be for the Field supervisor. IV. STORM REPSONSE STAGES: A. There are seven (7) Hurricane Response stages, as follows: 1. Stage I & II will be implemented during a Hurricane watch. 2. Stage III & IV will be implemented during a Hurricane Warning. 3. Stage V will be implemented during the Hurricane. 4. Stage VI & VII will be implemented after the Hurricane passes. B. These stages are intended to be guidelines and the actual decision as to when to implement each stage will be at the discretion of the Chief of Police, or his designee. Common sense and logic are expected to prevail and other conditions such as distance from the storm, the expected time of landfall and the tide table will also be considered. C. Stage I will occur approximately 72 hours prior to anticipated landfall and is the initial tracking stage of the Hurricane. 1. When Stage I is declared the following tasks will be started or completed. a. The Chief of Police will insure that all staff level officers are noted that a Stage I is declared. b. All supervisory personnel will review the Hurricane Procedure. The Chief of Police will review the contents of the Hurricane Kits. c. The Chief of Police will insure that the fuel tank for the generator is topped off and checked for proper working condition All vehicles will be checked for mechanical deficiencies and steps will be taken to correct any that are found. d. The on duty supervisor will begin collecting coordinates of the storm and post the coordinates on the Hurricane tracking board and map in the EOC. D. Stage II will be initiated approximately 24-36 hours prior to expected Hurricane landfall and occurs during the Hurricane Watch. 1. When Stage II is declared, the following tasks will be started and/or completed: a. All members will be notified that a Phase II is declared. All members will contact the Police Department as soon as our area is put on tropical storm or hurricane watch giving their location and a contact phone number and will continue to do so each time their location changes. At the time we are put under tropical storm or hurricane watch all personnel not on duty go on standby. b. All members should secure their personal property and make arrangements for their families, relatives, pets, etc., and be ready to report within ninety (90) minutes of being called. c. All vacation and compensatory leave will be canceled. d. Officers will report to work, in full uniform, and with necessary equipment,(B.D.U.s and tee shirts) including personal items when called to report (stand by status). e. All supervisors will insure that all vehicles are fueled and ready for service f. All personnel having assigned cellular phones, phone chargers, Page 2 of 7 GULF STREAM POLICE DEPARTMENT -Hurricane Procedures SOP # 20.01 radio, radio chargers, flashlight, flashlight chargers and batteries should bring them with them to the police station for movement to the Police Command Center. g. The Chief of Police will assure that all Stage I tasks have been completed. h. The Chief of Police or his designee will verify that contact is made with the County Emergency Management Center. Periodic contact should be made to assure that communication lines are still open, and to assure the department is informed of the latest developments. i. The Chief of Police will ensure that a check of elderly residents in the need of assistance is conducted. j. All tasks will be documented on a Hurricane log sheet. E. Stage III will be declared approximately 24 hours before the anticipated Hurricane landfall. The Hurricane Warning is issued in Stage III and during this stage departmental mobilization shall be initiated. 1. When Stage III is announced, the following tasks shall be started and/or completed: a. The Chief of Police will notify all Police Department members that Stage III is declared and emergency conditions exist. All Police personnel Will be ordered to report for duty when deemed by the Chief of Police. b. The Police Command Center will be activated with the appropriate staffing. c. Members will report to the Police command center where they will sign -in, receive instructions, and duty assignments. d. Once an evacuation order has been issued the Chief of Police or designee will coordinate with the Field supervisor to warn local residents and club's. Information will be given by patrol vehicles broadcasting the evacuation order message over their P.A. system, knocking door to door, and/or using any other reasonable and practical method. However, no one may be taken from or forced to leave their home against their will. Everyone must be made aware that we may not be able to assist them later. The information will be given door to door east of the Intercoastal Waterway and a list made of residences that refuse to vacate. e. All members reporting for duty will be responsible for providing themselves with equipment and provisions for 48 hours. (APPENDIX A) f. Administrative Services will ensure that all records/equipment are covered and moved away from windows and doors, and coordinate through the Town Clerk to have the pre -identified files transported to a secure facility. All non-essential computer terminals should be turned off, unplugged, covered in plastic, and placed on top of file cabinets, as far away from windows as possible. g. The Chief of Police will ensure that a sweep of the town begins in order to contact any homeless persons. If located, they should be referred to the Hurricane Shelters and told when the shelters will be activated. F. Stage IV will be initiated hours prior to expected landfall and all members will be directed to report to the Police Station, or alternate location, to ride out the storm. 1. When Stage IV is initiated the following tasks will be started and/or completed. a. The Police Command Center will notify all personnel, via dispatch, that Stage IV is declared. b. All personnel will report, as soon as is safely possible, to the station or the alternate location to ride out the storm. Page 3 of 7 GULF STREAM POLICE DEPARTMENT -Hurricane Procedures SOP # 20.01 c. A supervisor will confirm that all secured so as not to be destroyed by department vehicles are secured. the storm. d. All personnel will remain indoors 3) The Chief of Police, or his unless a life or death emergency designee, will ensure the following dictates otherwise and a safe tasks are completed: response can be made per direction Center will be notified of the of E.O.C./Police Command Center. a) Department vehicles are b) Cellular phone(s), charger(s) and transported to the alternate location e. As members report, the Chief of or stored at the predetermined safe Police or his designee, who will take site. a roll call to insure that all field safely housed in the station or at an alternate personnel have taken shelter. b) All weapons and ordinances are d) Maps. removed from the armory and f. In the event of a category 4 or secured in the vehicles. above Hurricane, the police station tasks shall be followed or completed: will be evacuated and all personnel c) All extra ammunition is either will be removed to an alternate secured. location to ride out the storm. In the that Phase V has been initiated. event this evacuation is ordered by d) Assure all personnel and their the E.O.C., the following events will personal equipment is transported to take place: the alternate site. 1). The Chief of Police will arrange e) Assure the building is secured and that the following equipment is locked. transported to the alternate location for safekeeping: 4) As each of these tasks is completed the Police Command a) Available portable radio chargers. Center will be notified of the completion, by the responsible party. b) Cellular phone(s), charger(s) and batteries. G. Stage V will occur once all personnel are c) Communications manuals. safely housed in the station or at an alternate location. d) Maps. 1. When Stage V is declared the following e) Phone books and city directories. tasks shall be followed or completed: f) Misc, office equipment, i.e. stapler, a. The Police Command Center will hole punch, pens, pencils, etc. assure that all personnel are notified that Phase V has been initiated. 2) The on duty Investigator will be b. The Police Command Center will responsible for equipment and notify the County EOC of the supplies necessary for the daily department's status. operation of the Investigator are transported to the alternate site. c. All departmental members will remain indoors and will take a) Latent fingerprint material. advantage of this time to rest. b) Photograph & mug shot d. Personnel will make hourly checks equipment. with the County EOC, via the CARENET system, and c) Offense and arrest paperwork. report to the Police Command Center. d) Current logs, fingerprints, files etc. that are to be maintained are to be H. Stage VI or the recovery phase, occurs after Page 4 of 7 GULF STREAM POLICE DEPARTMENT -Hurricane Procedures SOP # 20.01 the Hurricane has passed. This stage may last a 3) Personnel for securing day, weeks, or months, depending on the town building. destructiveness of the storm. 2) North Ocean Blvd. and system will be activated or continued 4) Officers will respond to all 1. When Stage VI is declared the following town buildings, (i.e. Town tasks are to be followed or completed: Hall, Public Works, etc.), secure the facility, and turn it a. Once the storm has passed, the over to the appropriate Chief of Police or designee will notify Department Head. All all members that Phase VI is personnel must be properly declared and complete a mandatory identified. roll call of all members. Hall ) h. At the direction of the Chief of b. The Field supervisor will Police or his designee, a dusk to determine the condition of vehicles, dawn curfew will be declared. equipment and the building and for looters. ie: Private clubs. report the findings to the Police Command Center. I. Patrol officers will control access will be contacted if possible. If local to the Town. Residents, business c. All members that went home will owners, Federal, State, County contact the station for instruction. If emergency organizations and communications are down and they approved volunteer organizations will have not made contact with the have access to the Town. Access station they should report to the will be controlled by establishing station 8 hours after the storm manned checkpoints at the following passes. locations if possible; d. A check of the communications 1) North Ocean Blvd. and system will be made. If the main Little Club road. system is inoperable, the backup 2) North Ocean Blvd. and system will be activated or continued Pelican Lane. if being operated from the alternate 3) Pelican Lane and site. Driftwood Landing. 4) Ave. Au Soleil and North e. If the police station is in such a Federal Highway. condition that it cannot be utilized, an alternate location shall be selected for use as a Police Command Center and police staging area. (i.e. Town Hall ) j. A Supervisor will check other f. An inventory will be made of location that would be a target area supplies (report forms, case cards, for looters. ie: Private clubs. rough arrest forms, radio logs, etc.). If supplies are needed, local vendors k. Efforts will be made to protect the will be contacted if possible. If local Town and the residents from vendors are inaccessible, the list of consumer fraud (price alternate vendors (located in gouging/contractor fraud) with the the Hurricane Kit) will be utilized, assistance of Code Enforcement. The department will assist the Town g. The Town will be divided into two in the implementation of a temporary sections, and the Chief of Police will occupational licensing procedure to assign personnel to duties as listed: aid in the later identification of 1) A supervisor for each suspects with the use of photographs section. and fingerprints of the applicants. 2) Officer(s) as available to each section. I. Volunteers assisting the Police Department will be under the Page 5 of 7 GULF STREAM POLICE DEPARTMENT -Hurricane Procedures SOP # 20.01 direction of the Chief of Police or his designee. A log detailing the volunteers, their skills, contact numbers, and assignments will be maintained in the EOC Volunteers must wear a Town ID at all times. m. The department will assist in search and rescue operations as directed by the EOC through the Chief of Police. n. The Chief of Police will review the department work schedule and insure that all employees and volunteers receive adequate relief time. It must be remembered that the employees will be dealing with their own personal situations arising from the storm and all efforts are to be made to accommodate the employees while maintaining the daily operation of the Town and the Police Department. V. INSPECTION OF DEPARTMENT EQUIPMENT FOR USE IN HURRICANE EMERGENCY A. The Chief of Police or designee will conduct an inspection of department equipment identified for use in Hurricane Emergency prior to June 1 of each year. 1. A copy of inspection will be forwarded to the Chief of Police for review. VI. FAILING TO REPORT DURING DECLARED EMERGENCY A. Failing to respond to work during an emergency situation will be considered as a voluntary resignation. VII. REFERENCE: • Town Hurricane Manual Page 6 of 7 GULF STREAM POLICE DEPARTMENT -Hurricane Procedures SOP # 20.01 Appendix A All personnel reporting for duty will be responsible for providing themselves with provisions for 48 hours. All the following items should be included: a. Extra sets of uniforms, and other clothing, b. Rain Gear, C. Appropriate footwear, d. Toiletries, including towels, e. Any special medical or dietary needs, and any special storage requirements i.e.: refrigeration, f. Sleeping gear including cots, sleeping bag, blankets, pillow, etc., g. A two- day supply of water and non-perishable food, h. Police radio, batteries and charger. Original issue:07/01/07 Garrett J. Ward, Chief of Police Page 7 of 7 GULF STREAM POLICE DEPARTMENT -Unusual Occurrence Plan SOP # 20.02 UNUSUAL OCCURRENCE PLAN EFFECTIVE: 07101/07 I. POLICY: The potential for an emergency to occur in the Town of Gulf Stream is recognized. Depending upon the nature of the emergency, rapid deployment of police officers may be essential to save lives, protect property and maintain order. This procedure is designed to cover the following types of emergencies: A. Natural disasters (with the exception of hurricanes), B. Man-made disasters, C. Civil disturbances, and D. Accidents involving hazardous materials. It. RESPONSIBILITY FOR SERVICES AND RESOURCES: A. The Chief of Police or a designee retains responsibility for planning, organizing and directing all law enforcement resources committed to an unusual occurrence operation within the jurisdiction. In an emergency, the hierarchy of command will be as follows: 1. The supervisor on duty when the emergency begins, 2. The on-call supervisor when noted of the emergency. B. The supervisor will be the principal advisor of unusual occurrences to the Chief of Police. The supervisor will act as an expediter of resources during an emergency situation and will coordinate the emergency plan contents with all affected agencies. C. The Florida Department of Law Enforcement (FDLE) will have responsibility for the coordination of Federal, State and local law enforcement resources during a civil disorder, pursuant to Florida State Statute. III. PROCEDURE: A. A supervisor or above may take emergency action to provide manpower to resolve the situation. Such emergency action may include ordering on -duty personnel to remain on duty beyond their normal ending time and/or ordering the mobilization of off-duty personnel. 1. Officers who are called -in will be the responsibility of the supervisor in coordination with the Chief of Police. B. The supervisor or a designee will provide officers with the following information: 1. Nature of the emergency event. 2. Assembly instructions. If not otherwise instructed, officers will report to the briefing room. 3. The name of the officer in command at the emergency event. 4. Any special equipment or uniform needed. 5. Any areas of the Town, which should be avoided in transit. C. The Chief of Police or designee will oversee all matters relating to the police complex, building security, and the continued functioning of the various police support functions. 1. Police officers may be assigned to the . complex for security. D. The dispatcher will designate one radio frequency for use by all units participating in the situation and if necessary: 1. Notify command personnel as directed by the supervisor. 2. Inform complainants the police department is presently only available to respond to critical service requests. 3. Dispatch other calls for service when units become available. 4. Notify the following agencies that there assistance may be required: Page 1 of 3 GULF STREAM POLICE DEPARTMENT -Unusual Occurrence Plan SOP # 20.02 a. Public Works, b. Florida Power and Light, c. Blood Bank, d. Hospital, e. Red Cross, and f. Any other agency as needed. E. A command post will be established in a secure area out of the hazard area and/or out of direct sight of the suspect to provide flexibility of movement for arriving units. 1. The command post will be the center of communication for the operation. 2. Establish an inner perimeter and outer perimeter and traffic control points as necessary; a. The inner perimeter should be sufficiently large to prevent an immediate danger to anyone, but small as possible to ensure control of the area. b. The outer perimeter will prohibit unauthorized vehicular and pedestrian traffic from reaching the inner perimeter. The outer perimeter should be positioned in a manner to afford protection and safety to anyone outside the perimeter. F. The Chief of Police or a designee will be responsible for: 1. The emergency requisition of required supplies and equipment, 2. Arranging for necessary vehicle and equipment repairs, 3. Arranging for fueling of vehicles, and 4. Arranging for distribution of stocked inventory, which has been periodically inspected for operational readiness, as required: a. Pepper spray, b. Boots, c. Helmets, and d. Any other available equipment which would be useful. G. Depending on the circumstances, department vehicles in the area of the incident will be manned by a minimum of two officers, if possible. Page 2 of 3 H. A staging area for the news media will be established in a safe location. The Chief of Police or designee will release only information which is approved to control misinformation and rumors and to educate the public, such as: 1. Areas to avoid; 2. Evacuation instructions; 3. Location of shelters; and 4. Any news which would assist the public in making decisions regarding the incident. I. Casualty figures should only be released if there is a tactical necessity at the time of release or the situation is fully controlled and exact numbers are known. IV. MASS ARREST AND PRISONER TRANSPORTATION: A. During an emergency situation which may surround an activity or event when large numbers of arrests are anticipated, the Chief of Police or designee in charge of personnel effecting the arrest, unless otherwise directed, will notify the Palm Beach County Sheriffs Department for assistance and the use of their mobile booking facility. 1. The arresting officer(s) will transport the arrestee to the designated location where they will be processed and released or transported to the countyjail. 2. Whenever possible, prisoners will be secured with plastic cuffs tagged with the arresting officer's I.D. number and the case number. 3. The arresting officer is responsible for the prisoner's property and all paperwork associated with the arrest. B. The supervisor or a designee will coordinate the interviews of those arrested, if needed. C. Any medical attention required by prisoners will be arranged by the transporting officer. D. Juvenile offenders will be segregated from the adult population and processed through normal juvenile channels. GULF STREAM POLICE DEPARTMENT -Unusual Occurrence Plan SOP # 20.02 V. AFTER THE INCIDENVACTION: A. De-escalation procedures: 1. Maintain police presence for crowd control, if necessary, and monitor the situation. 2. Coordinate activities with all involved agencies (other law enforcement agencies, Fire Department, etc.); 3. Direct traffic; 4. Assist stranded persons; 5. Assist in evacuation, if necessary; 6. Reopen the area which had be closed or evacuated; and 7. Survey and inspect the area for damage Original issue: 07/01/07 and casualties. B. An after -action report will be prepared by the Chief of Police after any large scale man-made or natural disaster. C. The Chief or Police or a designee will determine if there are department training issues that need to addressed. 1. If there is a need for training, a member will be assigned to conduct or arrange for outside training for members. W SOP # 20.01 Hurricane Preparedness Procedure. • SOP # 21.03 Hostage and Barricaded Response. SOP # 29.01 Arrestee Transportation. SOP # 30.01 Prisoner Holding Area. Garrett j. Ward, Chief of Poiice Page 3 of 3 GULF STREAM POLICE DEPARTMENT -Hostage and Barricaded Response SOP # 21.03 HOSTAGE AND BARRICADED RESPONSE EFFECTIVE: 07/01/07 1. POLICY: The Gulf Stream Police Department has established guidelines for response to situations where a suspect(s) is believed to be barricaded or holding hostage(s) and may reasonably be expected to possess deadly weapons which could be used against law enforcement, hostages or innocent persons. The department acknowledges that these situations may pose imminent danger to human life. II. DEFINITION: A. Barricaded Person: Is an individual who resists arrest by using (or threatening the use of) firearms, other weapon, explosives, etc. and is behind cover. A barricaded person may or may not have taken a hostage or made a threat to their own life. Barricaded subjects will be considered armed until proven otherwise. B. Hostage Situation: Subject(s) holding one or more persons against their will with the actual or implied use of force. III. HOSTAGE NEGOTIATION TEAM FUNCTION: A. The Chief of Police has designated the Palm Beach Sheriffs Office (PBSO) SWAT and Hostage Negotiators as the primary response unit to barricaded and hostage incidents. B. The PBSO SWAT and Hostage Negotiators will be called to respond to sites where barricaded or hostage situations are reported at the request of the shift supervisor. C. The PBSO SWAT and Hostage negotiators will be called to respond to all calls where a barricaded or hostage situation has been verified. IV. PROCEDURE: A. Gulf Stream Police Officers will attempt to avoid confrontation, which may lead to an irrational act by the offender. Officers will attempt to control the offender and contain him/her to the premises and eliminate any avenues of escape. The first officer on the scene will: 1. Secure the area and protect others on the scene, notify dispatch of the additional details and location; 2. Notify the supervisor; 3. Attempt to verify the incident and contain the suspect(s); 4. Obtain medical treatment for any injured persons; 5. Detain all witnesses having pertinent information regarding the incident. B. Responsibilities of the dispatch center: 1.Obtain as much information to allow officers to respond appropriately; 2. Dispatch at least two (2) officers; 3. Notify additional personnel or outside agencies as requested, 4. Notify Fire/Rescue of the situation and place them on standby status. C. Responsibility of the supervisor: 1.Respond to and assume command of the scene, assess the incident, review actions taken, and request support units, as needed; 2.Ensure Fire/Rescue is responding, if necessary; 3. Notify the Chief of Police of the situation and brief him/her; 4. Request the PBSO SWAT and Hostage Negotiation Team, if needed; 5. When necessary and possible, evacuate bystanders and neighbors to a point where they are as safe as possible given the existing circumstances; 6. Establish a command post, and designate a staging area, notify dispatch of the locations. Page 1 of 2 GULF STREAM POLICE DEPARTMENT -Hostage and Barricaded Response SOP # 21.03 a. Reporting personnel shall report to the staging area for briefing, unless otherwise instructed. 7. Establish perimeters; a. Inner perimeter to contain and deny escape to suspects, b. Outer perimeter to limit access to the inner perimeter to authorized personnel only. 8. Ensure pursuit/surveillance vehicles and equipment are available if needed, utilizing assisting agency personnel and vehicles. In addition, possible escape travel routes will be determined and steps taken to control Original Issues 07/01/07 them, if necessary. 9. Designate an arrest team in the event the suspect(s) surrenders before the arrival of PBSO SWAT; 10. Coordinate with any outside agencies and liaison with PBSO SWAT and Hostage Negotiators until relieved of command. 11. Make arrangements for additional personnel to cover road patrol functions. IV REFERENCE: • SOP# 4.0 1 Use of Force • SOP#17.04Notification of Supervisors Garrett J. Ward, Chief of Police Page 2 of 2 GULF STREAM POLICE DEPARTMENT -Bomb Related Incidents SOP # 21.05 BOMB RELATED INCIDENTS EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department will respond to all emergencies occurring within the town regarding bomb threats or actual explosives. This policy establishes guidelines for the response to and handling of bomb threats or suspected incendiary devices or explosives. II. DEFINITIONS: A. Explosive - A substance either improvised or commercially manufactured to cause a sudden violent release of mechanical, chemical or nuclear energy. B. Incendiary Device - A device designed to cause extreme heat or fire, i.e., Molotov Cocktail, flare, etc. C. Pyrotechnics - Commercial or homemade fireworks as defined in F.S.S. 791.01 D. Explosive Threat - The verbal or written communication indicating the use of an explosive device against either property or person. III. BOMB SQUAD FUNCTION: A. The Chief of Police has designated the Palm Beach Sheriffs Office (PBSO) Bomb Squad as the primary response unit to explosive incidents. B. The PBSO Bomb Squad will respond to sites where explosive or bomb threats are made at the discretion of the shift supervisor. C. The PBSO Bomb Squad will respond to all calls where a suspected explosive device/ordnance has been located. 1. The PBSO Bomb Squad will determine how to render safe any explosive device/ ordnance. IV. PROCEDURE: A. Explosive Threat: 1. When a call is received by dispatch pertaining to an "explosive threat," the dispatcher will attempt to elicit as much information as possible from the caller, i.e., motive, type of device and what time the device will detonate. This information will be broadcast to the responding units. B. Dispatch will notify the following immediately after receiving the threat: 1. Available patrol unit(s) to respond to the scene, 2. supervisor, and 3. Fire/Rescue units. C. Procedure for unit(s) dispatched: 1. Upon arrival in the area, turn off all police radios and cellular telephones. Use conventional wire telephones for all communication with dispatch. 2. Attempt to locate the person(s) who received the bomb threat and verify the original information. Question him or her briefly for any additional useful information. 3. Locate the person in charge of the premises and determine what course of action he or she wishes to take. This may Include, but is not limited to: a. Determining the validity of the threat, b. Searching the area without evacuation, or c. Evacuating the entire premises and then searching. 4. The department strongly recommends evacuation if the intended target site has had recent serious problems and a possibility exists the threat is real. All reasonable persuasive methods to obtain the order to evacuate will be employed. 5. When a caller has given a speck time for the explosion, the site should be searched until 30 minutes prior to the stated time. If no explosion occurs, the search may resume 30 minutes after the stated time has past. 6. When a caller states that a bomb will explode in 15 minutes, evacuation should begin immediately. After 30 minutes have elapsed past the stated time of the explosion, a search may be initiated. Page 1 of 3 GULF STREAM POLICE DEPARTMENT -Bomb Related Incidents SOP # 21.05 7. Officers will establish a command center with telephones linked to dispatch in an area away from the target building. D. Interior Searches: 1. Areas accessible to the public should be searched first; i.e., a. entrance ways, b. lobbies, c. reception rooms, d. stairways, e. closets, f. elevator shafts, and g. rest rooms. 2. Utility areas should be checked with the assistance of maintenance personnel: a. communications center, b. power supply, c. fuel supply, and d. air conditioning. 3. Three sweeps are necessary to properly check a room. They are: a. From the floor to the height of the person checking the room, b. From the height of the person checking the room to the ceiling, and c. The ceiling. 4. The supervisor at the scene will supervise the search for the suspected device. Officers will elicit the help of people who are familiar with the premises to assist in locating any suspicious objects, packages, or anything that looks out of place. Depending on the size of the building, one or more search teams consisting of building employees and police officers may be utilized. E. Exterior Searches: 1. Exterior areas are the most accessible areas for a bomber to reach. A thorough search of these areas is extremely important. 2. Searching should begin at ground level, with special attention to piles of leaves, Page 2 of 3 refuse, shrubbery, entrances, manholes, trash cans, porches, and areas around parked cars. 3. The area searched should extend outward from the building to a distance of 25-50 feet or to some natural division line, such as curbing or a wall. 4. All window wells and crawl spaces should be checked. Areas of recently disturbed dirt should be marked and, if not explained by building personnel, investigated further by the Bomb Squad. 5. Once the ground level search is completed, a search should be conducted to whatever exterior heights could have been reached by a bomber, i.e., window ledges, air-conditioning units, signs, building ornaments, and fire escapes. F. Vehicle Explosive Threats: 1. If an explosive threat is directed toward a vehicle, no police officer should attempt to search the vehicle. The assigned units should attempt to clear an area of a minimum of 300 feet from all sides of the vehicle and wait for the arrival of the PBSO Bomb Squad. Vehicles will be searched by PBSO Explosive Ordnance Technicians. G. When a Suspected Device is Located: 1. DO NOT TOUCHI Immediately order an evacuation of the building. A perimeter of approximately 500 feet from the device should be maintained. Officers should be aware that secondary devises might have been planted to harm responding police and fire units. Notify dispatch of the discovery. The PBSO Bomb Squad will respond and take charge of the scene. 2. Dispatch will notify the Fire/Rescue that a suspected explosive device has been found. Dispatch will also notify the electric and gas companies so that power and gas can be cut off to the target building. 3. All assigned officers at the scene should observe anyone in the area to possibly identify any suspects. Keen observations could result in the identification of the suspect. GULF STREAM POLICE DEPARTMENT -Bomb Related 4. When performing the render safe procedure, the equipment used will depend on the circumstances and the discretion of the PBSO Explosive Ordnance Technician. 5. All suspected explosives will be transported at the discretion of the PBSO Explosive Ordnance Technician. Gulf Stream Police vehicles may escort the PBSO Bomb Transport Vehicle to its destination, if necessary. 6. PBSO Bomb Squad will be responsible for the disposal of all explosive devices and components. H. When an Explosion Occurs: 1. Fire/Rescue will assume control until the emergency is over. The area will be sealed off until cleared by the PBSO Bomb Squad. All police personnel, unless an emergency exists that calls for immediate action, will stay out of the explosion area until the PBSO Bomb Squad authorizes entry. 2. There is always the possibility of other explosive devices in the area. The area should be kept clear until the PBSO Bomb Original issue: 07/01/07 SOP # 21.05 Squad checks it. V. INVESTIGATION OF EXPLOSIVE INCIDENT: 1. Explosive incident investigations will be investigated in conjunction with PBSO Bomb Squad investigators, 2. After the PBSO Explosive Ordnance Technicians have rendered safe the explosive device, the investigators may process the device and gather physical evidence. 3. When the explosion is the cause of major damage or death, investigators may be assisted by the Bureau of Alcohol, Tobacco and Firearms, National Explosive Response Team and any other agency that may be able to render assistance. VI. REFERENCE: F.S.S. 790 Weapons and Firearms F.S.S. 791.01 Definition of Fireworks. SOP # 21.06 Dignitary Protection. Garrett J. Ward, Chief of Police Page 3 of 3 GULF STREAM POLICE DEPARTMENT -Dignitary Protection Plan SOP # 21.06 DIGNITARY PROTECTION PLAN EFFECTIVE: 07/01/07 I. POLICY : The Gulf Stream Police Department has established the functional responsibility and guidelines for handling the security for dignitaries. II. RESPONSIBILITY FOR DIGNITARY PROTECTION: A. When a request for dignitary protection is received by the police department, the request will be forwarded to the Chief of Police, who has overall responsibility for coordination. B. The Chief of Police or designee will plan and/or coordinate the detail if only this department is involved. 1. When outside agencies are involved, the Chief of Police or a designee will act as a liaison and coordinate the detail with the other agencies. III. PLANNING, COORDINATING AND IMPLEMENTING THE SECURITY DETAIL: A. The Chief of Police or a designee is responsible for the planning and/or coordinating of the security detail which includes, but is not limited to, the following: 1. Staffing and personnel needs to include: a. number and rank of supervisors needed for the detail, and b. number and location of officers needed for the detail. 2. The need for and the notification of any outside jurisdictions to provide special units, such as SWAT., Bomb Squad, K-9, Helicopter, Motorcycle, and Fire/Rescue. a. The PBSO Bomb Squad will provide Explosive Ordnance Technicians to dignitary protection details. B. The equipment required may include, but is not limited to: 1. Vehicles: a. Marked vehicles and personnel will be deployed along the route the dignitary will travel and around the location of the visit. b. Marked and unmarked vehicles may be used to escort the dignitary. c. Unmarked vehicles and personnel will be deployed in strategic areas in and around the dignitary s route. 2. Body armor will be made available to any dignitary upon request. If a threat is received, the dignitary will be urged to use body armor. a. All members of the dignitary protection detail may be required to wear their issued body armor. 3. Special weapons: a. Sworn members will have access to special weapons in which they have received training. 4. Barricades, cones and other traffic and crowd control devices will be used. a. These devices will be used when appropriate to keep the crowd and traffic away from the area of the dignitary. b. If necessary, members will contact public works for additional equipment. 5. Mutual Aid agreements may be used to assist in the procurement of any additional equipment or personnel the department does not have. C. Travel routes and alternate routes will be inspected and the location for officers and/or equipment identified. 1. Members will be assigned to specific locations along the travel route. D. Sites and/or facilities may be visited in advance to inspection for hazards and dangers. 1. Additional members may be assigned to hazards or areas of special concern. E. The Chief of Police or designee will arrange for the gathering of intelligence information and proper dissemination of this information to Page 1 of 2 GULF STREAM POLICE DEPARTMETN-Dignitary Protection Plan SOP # 21.06 outside agencies and department personnel. 1. A meeting will be held prior to the arrival of the dignitary to disseminate all relevant information. F. Medical facilities, emergency first aid and medical transportation will be identified and may be put on notice at the discretion of the Chief of Police. G. The Chief of Police or designee will: 1. Notify dispatch to have personnel and channels available for the detail. 2. Ensure that all personnel from this department have radios and that provisions are made to communicate with other agencies involved. 3. When multi -agencies are involved, an identification system must be utilized for Original issue: 07/01/07 involved personnel to identify one another. a. This system may include a special lapel pin or other identifying articles of clothing for personnel to identify one another. IV. DOCUMENTATION: A. The Chief of Police will document the planning, coordinating, implementation and critique of the security detail and will file and maintain this documentation. V. REFERENCE: SOP # 9.01 Special Events, Extra Duty Details, and Outside Employment. SOP # 21.05 Bomb Related Incidents Garrett J. Ward, Chief of Police Page 2 of 2 GULF STREAM POLICE TRAFFIC ENFORCEMENT EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department has established guidelines for officers issuing warnings and traffic citations to vehicle operators, pedestrians, or bicyclists. Enforcement action should seek to deter, detect and apprehend traffic law violators and can result in warnings, uniform traffic citations (UTC) or physical arrest. Traffic law enforcement is designed to bring about voluntary compliance with traffic laws and reduce the number of traffic crashes. II. TRAFFIC ENFORCEMENT PROCEDURE: A. Driving Under the Influence of Alcohol/Drugs - Officers are directed that arrest of persons suspected of driving under the influence of alcohol or drugs is a priority and encouraged. B. Speed Violations - To determine which method of enforcement is necessary, the officer should consider the seriousness of the violation (i.e. speed traveled in excess of posted limits or highway vs. residential areas), hazardous conditions created by the violation, surrounding traffic, the presence of pedestrians, weather and road conditions, etc. C. Other Moving Violations- Will be enforced by issuing a warning or citation and will depend upon the circumstances and the violation. D. Eauioment Violations - Equipment violations will be enforced by issuing a warning or citation. When deciding which enforcement action to use, the officer should consider whether the violation presents an immediate hazard to the safe, continued operation of the vehicle or to surrounding vehicles and pedestrian traffic. If such a hazard exists, then a citation is in order. E. Public Carrier/Commercial Vehicle Violations -These vehicles must comply with all state, county and municipal laws and regulations, and are subject to citation or written warning as may be deemed appropriate by the officer. If the officer feels that a public carrier or commercial vehicle may be in violation of regulations that are federally or state mandated and such violation is serious or hazardous, the officer should request the assistance of either another officer who is familiar with such regulations or a commercial vehicle enforcement officer from the Florida SOP # 22.01 Department of Transportation, Division of Carrier Compliance. F. Non -Moving Violations - Non-moving violations are enforced through the use of warnings or citations. Certain non -hazardous violations (i.e., wearing a headset, failure to wear a seatbelt, etc.) can potentially lead to hazardous situations and appropriate enforcement action should be taken. G. Multiple Violations - If the violation is serious enough to warrant multiple citations, the officer will follow established guidelines for warnings, citations and arrests. As in all enforcement actions, the ultimate decision rests with the officer. H. Newly Enacted Law and/or Regulations - When new laws are enacted or new traffic control devices are installed, a warning may be used in lieu of citations during a specified grace period set by law or by the department at the direction of the Chief of Police or a designee. III. ENFORCEMENT TACTICS: A. Officers will generally utilize marked police cars equipped with emergency lights and sirens while working general traffic enforcement. B. The supervisor may assign unmarked vehicles to enforce traffic laws in areas where traffic crashes or violations have been reported 1. Unmarked vehicles used for traffic enforcement must be equipped with emergency lights and a siren. C. While working traffic enforcement from a stationary position, the officer should be visible and select an area that would not imperil the officer or the motoring public when the officer enters the roadway. D. While working traffic enforcement in an area where a recurring traffic problem exists, police vehicles will be parked in such a manner that the normal traffic flow is not impeded. IV. WARNING THE VIOLATOR: A. The departmental preference in warnings is written. When an officer issues a warning for a traffic violation, he or she will: 1. Issue a written warning to the violator explaining the violation and any additional instructions (i.e. equipment repair order). Page 1 of 6 10 DEPARTMENT -Traffic Enforcement a. Written warnings will be entered into department records 2. also Verbally advise the violator of the Offense. V. CITING THE VIOLATOR: A. When an officer issues a citation (UTC) for a traffic violation, he or she will: 1. Complete all required sections of the citation legibly, in black ink and include officers name and ID number. 2. After completing the citation, the officer will explain the violation and have the violator sign the UTC in the appropriate area acknowledging the UTC. The officer will give the violator the yellow (summons) copy. Include the dollar amount of the fine on the violator's copy when applicable. 3. Provide the violator with the following information: a. If a court appearance by the violator is mandatory, provide the scheduled court date, time and address. b. If a court appearance is not mandatory, provide the current return envelope from the Clerk of the Circuit and County Court with: 1) The amount of the fine; 2) Instructions to all violators that they must follow the directions on the return envelope provided by the Clerk of the Court for fine payments, pleading not guilty and requesting a court date, or attending driver improvement school; 3) Other information that may need to be provided to the violator prior to his or her release. 4. Complete officer's notes, which are written on the back of the pink (officer/agency) copy. B. When a violator does not produce a driver license as a form of identification, the officer will SOP # 22.01 obtain the driver's right thumb print on the back of the white (complaint) copy of the citation in the space provided. 1. If a driver refuses to submit to fingerprinting, he or she will be charged with F.S.S. 843.02 Resisting Officer without Violence to his Person and lodged at the county jail. C. When there are non -law enforcement witnesses to the traffic violation, the officer will complete a witness subpoena list; attach it to the original citation, which is forwarded to the courts with the UTC. D. Officers will turn in all traffic citations to the supervisor for review. The citations will then be forwarded to the traffic supervisor for recording and transmittal to appropriate courts. VI. CITING DRIVERS WITH SUSPENDED CANCELED OR REVOKED LICENSES: A. When the officer is notified that a violator's driver's license is suspended, canceled or revoked, the officer will determine if the driver had prior knowledge of the suspension. If a violator indicates prior knowledge of the suspension, a traffic citation will be issued with the proper subsection for that violation. If the driver is in possession of a driver license, the officer will take the license and attach it to the citation. 1. Validation of the license status will be information teletyped from the Department of Highway Safety and Motor Vehicles (DHSMV) or its equivalent from another state. B. If a violator indicates no prior knowledge of the suspension, the officer will inform the violator of the suspension and a traffic citation will be issued with the proper subsection for that violation. If the driver is in possession of a driver license, the officer will take the license and attach it to the citation. C. The officer may physically arrest the violator if the violator had prior knowledge of a suspension and the officer believes that the violator will not appear in court, i.e., numerous suspensions or FTA. D. A violator cited for driving under suspension will not be permitted to drive the vehicle. 1. The vehicle may be properly parked, driven by another licensed driver with Page 2 of 6 GULF STREAM permission or me owner or rowea Dy me owner or officer according to department procedure. E. If a violator is stopped for a traffic violation and it is later learned that the subject's license is suspended, canceled or revoked, the officer will submit a citation with the appropriate charges for issuance by the Clerk of the Court. VII. ARRESTING THE VIOLATOR: A. Officers will effect the physical arrest of any person in violation of those traffic laws pertaining to: 1. Driving under the influence of alcohol or controlled substance in violation of F.S.S. 316.193. 2. Willful and wanton reckless driving in violation of F.S.S. 316.192. 3. Fleeing or attempting to elude a police officer in violation of F.S.S. 316.1935. The officer will carefully consider, prior to pursuing a fleeing violator, that the pursuit is justifiable according to department vehicle pursuit policy. 4. Leaving the scene of an accident involving serious injury or death in violation of F.S.S. 322.34. 5. Persons determined to be "Habitual Traffic Violators" in violation of F.S.S. 322.34(5). There is no discretion on the officer's part. The violator must be arrested and taken to the County Jail. 6. Failure to sign a citation in violation of F.S.S. 318.14 7. If a driver refuses to submit to fingerprinting for failing to produce a driver license, he or she will be charged with F.S.S. 843.02 Resisting Officer without Violence to his Person and lodged at the county jail. B. For the following violations, officers should consider the circumstances surrounding the violator and violation, arrest and driving history, and/or lack of community ties that may make a court appearance by the violator unlikely. Under most circumstances, the issuance of a traffic citation will suffice. However, the officer will bear in mind that the violations are SOP misdemeanors and may be handled as suc Officers may effect a physical arrest for the following misdemeanor traffic violations: 1. Driving while knowingly under license suspension, revocation, or cancellation in violation of F.S.S. 322.34. 2. Failure to obey a lawful command of a police officer or Fire Department member in violation of F.S.S. 316.072(3). 3. Leaving the scene of a crash involving attended property (hit and run) in violation of F.S.S. 316.061. 4. Making a false accident report in violation of F.S.S. 316.067. C. Any other traffic violations that are misdemeanors, i.e., driver license or tag expired more than six (6) months or misrepresentation of insurance will normally be handled with the issuance of a citation. Only under extremely unusual circumstances should a physical arrest be made for these violations. D. Physical arrest of a violator may occur with any confirmed traffic or criminal arrest warrant. E. All arrests, including juveniles, must be in compliance with Chapter 901, Florida State Statutes. VIII. VIOLATORS REQUIRING SPECIAL A. Nonresidents: 1. The same guidelines are used as those followed with local residents. B. Juveniles: 1. An officer can issue a citation to a juvenile violator for moving and non-moving violations. 2. Juveniles can be arrested for criminal traffic violations and will be processed as outlined in the Juvenile Procedures. C. Legislators: 1. When an officer makes a traffic stop and the violator identifies him or herself as a legislator, the officer will follow the guidelines regarding traffic citations and physical arrests applicable to any violator. Page 3 of 6 GULF STREAM POLICE DEPARTMENT -Traffic Enforcement SOP D. Foreign Diplomats/Consular Officials: logbook sections are for recording: 1. When an officer makes a traffic stop and the violator identifies him or herself as a Foreign Diplomatic Officer or Consular Official, the officer may issue the violator a traffic citation when enforcement action is necessary. When a traffic stop is made and the officer determines the violator is D.U.I. or other circumstances are present that require physical arrest, the following guidelines will apply: a. If during a traffic stop a person to be arrested claims to be a diplomatic officer or ambassador, the officer conducting the investigation will contact the shift supervisor, who will contact the United States Department of State and determine the person's status prior to effecting the arrest. (APPENDIX A) 1) Any person determined to have diplomatic immunity found driving while under the influence of alcoholic beverages or controlled substances will be released to family members, friends, or taken home. F. Military Personnel: 1. If an officer makes a traffic stop and determines that the violator is currently assigned to any of the branch of the United States Armed Forces, the officer may issue the violator a traffic citation or make a physical arrest. 2. At a traffic stop where the violator is determined to be D.U.I. or other circumstances exist requiring the physical arrest of the violator, the officer(s) will notify the appropriate branch of the military. X. ACCOUNTABILITY OF TRAFFIC CITATIONS: A. Members will obtain citations through a supervisor. The supervisor will fill in the appropriate section in the citation log sheet with the officer's name, I.D. number, date, and citation numbers issued. The issuing supervisor will fill in his or her initials and I. D. number. The 1. Florida Uniform Traffic Citations. 2. Florida DUI Uniform Traffic Citations. 3. Town of Gulf Stream Parking Citations. 4. Town of Gulf Stream Warning Citations. B. Each officer will complete the "Officer Receipt Form" located in the front of the Florida citation book and submit the form to the shift supervisor. The Officer Receipt Form will be reviewed and forwarded to the Traffic Supervisor. C. Personnel will enter citations issued to violators or voided into departmental records system to ensure the integrity of issuance of citations and provide a continuous audit of the system. D. Officer(s) will turn in completed citations at the end of each shift. A supervisor will review and forward all completed citations. 1. The Traffic Supervisor will complete a transmittal and transmit to the courts. XI. LOSS OR THEFT OF CITATIONS: A. In the event a citation or citation book is lost or stolen, the officer will immediately notify the t supervisor and submit a memo through appropriate channels to the Traffic Supervior. B. The Traffic Supervisor will review the memo and forward it to the Chief of Police. XII. VOIDING OF CITATIONS: A. If an error is made while writing a citation, or if citations have become damaged due to rain, separation, etc., the officer may void them. 1. The officer will print "void" on the citation and a memo will be completed to the Traffic Supervisor. The memo and citation will be submit it to the supervisor who will review and forward to the Traffic Supervisor. Page 4 of 6 GULF STREAM POLICE DEPARTMENT -Traffic Enforcement SOP # 22.01 traffic laws. B. The following are the most common reasons F.S.S. 316.192- Reckless driving. for voiding a traffic citation: F.S.S. 316.193- Driving under the influence; penalties. 1. The violator gave the officer false F.S.S. 316.1935- Fleeing or attempting to elude information. a law enforcement officer; aggravated fleeing and eluding. 2. The officer entered the wrong F.S.S. 316.193- Driving under the influence; information. penalties. • F.S.S. 318.14- Non -criminal traffic infractions; 3. The officer was unable to complete the exception; procedures. citation due to an emergency call. F.S.S. 322.15- License to be carried and exhibited on demand; fingerprint to be imprinted XIII. REFERENCES: upon a citation. • F.S.S. 322.34- Driving while license suspended, • F.S.S. 316.027- Accidents involving death or revoked, canceled, or disqualified. personal injuries. F.S.S. Ch. 901- Arrests • F.S.S. 316.061- Accidents involving damage to SOP # 17.07 Vehicle Pursuits. vehicle or property. SOP # 22.02 Vehicle Impoundment. • F.S.S. 316.067- False reports. SOP # 22.09 Persons suspected of D.U.I. • F.S.S. 316.072(3)- Obedience to and effect of SOP # 34.01 Records Function Original issue: 07/01/07 Garrett J. Ward, Chief of Police Page 5 of 6 APPENDIX A A. To confirm diplomatic or related status: 1) For information concerning diplomatic agents and their families, (202) 647-1985. 2) Consular personnel and families, (202) 647-2122. 3) For information on any of the above, after normal business hours, (202) 647-2412. Page 6 of 6 GULF STREAM POL TOWING and/or IMPOUNDMENT OF VEHICLES EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department has established guidelines to properly impound vehicles towed due to abandonment, crash, the creation of a traffic hazard, or involvement in any criminal activity. II. DEFINITIONS: A. Abandoned Vehicle - A motor vehicle that is not in an enclosed building and is junked, dismantled or partially dismantled, or inoperative condition, whose owner cannot be located with reasonable inquiry. B. Junked Vehicle - A vehicle which is in a wrecked, junked, or dismantled or partially dismantled condition and incapable of lawful operation on public highways or roads. C. Vehicle - Any device by which any person or property is or may be transported or drawn upon a highway or upon water, including but not limited to a motor vehicle, mobile home, trailer, camper, boat, boat trailer, etc. III. PROCEDURE: A. Abandoned Vehicles: 1. Any vehicle that has been abandoned on public or private property and is disabled, junked, wrecked, dismantled or partially dismantled in excess of 72 hours is in violation of Gulf Stream Town Code. 2. An officer who observes a vehicle in such condition will document and forward a copy of the report to the Town Manager. B. Crashes: 1. The investigating officer will ensure that vehicles disabled as a result of damage sustained in a crash are removed from the roadway. 2. The owner or driver of the vehicle may request the person or tow company he or she prefers to remove the vehicle. The officer will advise dispatch who will notify the person or company to respond. a. The private tow service must be able to respond within 30 minutes unless of Vehicles [IN officer can't notify the tow service. b. When the owner or driver has no preference for a towing service, the officer will request a towing service. 3. If the owner or driver of the vehicle is not present at the scene, the investigating officer will request a towing service. The tow company will be noted on the crash report. 4. If the crash is a hit and run and the driver is unknown, the investigating officer will advise dispatch as soon as possible so the vehicle can be entered into NCIC/FCIC as abandoned/recovered. A hold will be placed on the vehicle until the hit and run can be followed up. a. The impounding officer will complete the 'Hold For'section on the VSR specifically citing the officer's name the vehicle is being held for. b. The vehicle may be held as necessary for purposes of investigation. 5. If the crash is a fatality or serious enough that it may result in a fatality, the vehicle will be towed to the public works facility or a location designated by the officer or agency handling the crash investigation for further examination. 6. A hold will be placed on the vehicle, pending the conclusion of the investigation and authorization for release by the Office of the State Attorney. a. It will be the responsibility of the investigator to arrange for the release of these vehicles. 7. The VSR will be turned in with the officer's crash report. C. Arrests 1. The arrest of an individual who is driving a vehicle may result in the vehicle being towed by a tow service and the towing service will then assume all responsibility for the vehicle. The officer will complete a VSR form and turn it in with his or her report. a. If the arrested individual is the owner of the vehicle and requests to give Page 1 of 5 GULF STREAM POLICE DEPARTMENT -Towing and/or Impoundment of Vehicles SOP 22.02 possession of the vehicle to a person on scene and both are cognizant of what they are agreeing to, the arresting officer may permit the person to take the vehicle. Such action will be noted in the investigative report. b. If the arrested individual is not the owner of the vehicle, the officer may notify the registered owner to take possession of the vehicle in a reasonable amount of time (20 minutes) or the officer may impound the vehicle. D. Forfeiture 1. The Florida Contraband Forfeiture Act authorizes the confiscation of any personal property (including weapons, vehicles, and money), which has been or is actually used to commit or aid in committing any felony. Any vehicle used in the commission of any felony may be impounded with a hold placed on it for the Chief of Police to determine whether it can be held for forfeiture. a. Prior to impounding the vehicle, the investigating officer will notify the supervisor, who will conduct a preliminary assessment of the circumstances and the vehicle to be impounded. 2. If the supervisor authorizes the impoundment, the impounding officer will complete a Vehicle Storage Report (VSR). a. The VSR will be marked "FORFEITURE IMPOUND" in bold letters as the first entry on the first line of the narrative block. b. In the VSR section titled "Hold For", the officer will write in BOLD letters Chief of Police c. The impounding officer will prepare a photocopy of the VSR, the offense report and/or Probable Cause Affidavit. 1) If the impoundment takes place Monday thru Friday during normal working hours of the Chief of Police, the impounding officer will as soon as practical, forward copies of the VSR, offense report and/or Probable Cause Affidavit 2) If the impoundment occurs after hours, the impounding officer will place the copies of the report packet in the Chief of Police's box. 3) Impoundment report packets will be delivered or forwarded to the Chief of Police no later than the end of the impounding officer's shift. 3. The Chief of Police will review the circumstances and determine if forfeiture proceedings will be initiated. a. The Chief of Police or designee will ensure all notifications to owners and other interested parties required by Florida Statute are completed within the required time limits if forfeiture proceedings will be initiated. b. If it is determined that forfeiture proceedings will not be initiated, the Chief of Police or designee will notify the owner that the vehicle will be released. 4. Vehicles that are being held for forfeiture will be moved to a town storage facility or other appropriate storage area. 5. This section will not apply and the vehicle will not be seized or impounded if: a. The vehicle was stolen at the time it was subject to seizure and impoundment; or b. The vehicle was operating as a common carrier at the time it was subject to seizure and impoundment, or c. The vehicle was leased, or d. A law enforcement agency has expressed its intent in writing to institute forfeiture proceedings on the vehicle. 6. If the seized vehicle can be released upon completion of the proceedings, the Chief of Police will notify the owner and make arrangements for the release of the vehicle during normal business hours and ensure all towing, storage and administrative fees are collected prior to releasing vehicle. Page 2 of 5 GULF STREAM POLICE DEPARTMENT -Towing and/or Impoundment of Vehicles SOP 22.02 E. Criminal Investigations: 1. Any vehicle towed because of involvement or suspected of involvement in a serious crime or has some other evidentiary value and/or impounded in the course of a criminal investigation will be towed to police station or other designated area by the towing service. 2. The officer will notify Chief of Police or designee for direction reference handling, processing, and storage of the vehicle. 3. If the officer places a "HOLD" on the vehicle, a VSR will be completed to include the name, rank, and ID number of the officer who authorized the hold and the reason for the hold. 4. No holds will be placed on any vehicle without the name of the specific officer or detective who is authorizing the hold. 5. The top of the VSR should be marked "Criminal Investigation" by the impounding officer. 6. When an officer encounters a vehicle that has been reported used in violent felony crime(s), or is suspected of being used in violent felony crime(s) in another jurisdiction, the officer will notify the supervisor for processing prior to releasing it to the owner. F. Evidence: 1. Any vehicle towed as evidence in a criminal case should first be determined to have substantial value to the case. 2. All vehicles towed as evidence will be towed by the tow service and placed in the police impound or other designated area. a. Vehicles determined to need special handling or processing may be towed to a designated facility or location at the direction of the lead investigator. b. No vehicle will be towed to designated facilities or to the police station for processing without prior notification of the supervisor. 3. The investigating officer will complete a VSR in full. The officer will indicate that the vehicle is evidence by writing "EVIDENCE" across the top of the VSR (the VSR will act as the Property/Evidence receipt). 4. The keys for the vehicle will be left with the vehicle, towing service, or lead investigator, as appropriate. 5. The investigating officer will arrange for the release of the vehicle upon completion of the case or upon authorization by the State Attorney's Office and ensure all towing, storage and administrative fees are collected prior to releasing vehicle. G. Traffic Hazards: 1. When an officer encounters a vehicle that is either disabled or abandoned and presents a hazard to the safe and efficient flow of traffic, the officer will have the vehicle removed from the street or roadway to a place of safety. 2. When the owner or driver of the vehicle is present, the officer will stand by and offer assistance as appropriate. a. When the vehicle requires a towing service for removal, the driver will be afforded the opportunity to a preferred tow service. 3. When the driver of the vehicle is not present, the officer will advise dispatch of the location of the vehicle and request a towing service respond to remove the vehicle. 4. The officer will complete a VSR and give the tow truck driver the appropriate copy of the VSR. The driver will remove the vehicle and assume all responsibility for the vehicle. 5. The officer will advise dispatch of the vehicle description and all pertinent information so the vehicle can be entered into NCIC/FCIC as abandoned/ impounded. H. Inventory of Impounded Vehicles: 1. An inventory will be conducted of all vehicles towed for storage or impound, including the trunk. 2. Officers will conduct inventories of closed containers found in vehicles to be towed for storage or impound to include, but not be limited to, Page 3 of 5 GULF STREAM POLICE DEPARTMENT -Towing and/or Impoundment of Vehicles SOP 22.02 IV. a. Toolboxes, b. Suitcases, attache cases or briefcases, and/or c. Cardboard or other boxes or containers. 3. Officers will note on the VSR any locked or closed containers that could not be inventoried. 4. Any personal property of apparent value within any vehicle being towed but not subject to a hold will be noted on the VSR. a. The officer will advise the tow driver of any property of apparent value left inside the vehicle so the tow driver can take proper precautions to safeguard the property as well as the vehicle. A. Towed and/or impounded vehicles will be documented on a Vehicle Storage Receipt (VSR) to include the following information at a minimum: 1. Time of towing or impoundment. 2. Date. 3. Location. 4. The officer requesting the tow. 5. The reason for the tow or removal. 6. The name of the towing service. 7. The location of the vehicle. 8. Inventory or contents. 9. The placing and removal of holds on the vehicle. B. Dispatch will initiate entry and removal of FCIC entries when appropriate. V. DISPATCH OPERATIONS: A. It is the responsibility of dispatch to enter reported abandoned vehicle information into the NCIC/ FCIC computer system provided: 1. There is sufficient information to enter the vehicle into the computer system. 2. The computer system is operating. 3. The officer has the VIN # or correct tag # of the vehicle. 4. Whenever a vehicle is towed and the owner is not present, the investigating officer will instruct dispatch to enter the vehicle in the NCIC/FCIC computer systems as Abandoned/ Recovered." B. Dispatch will cancel the vehicle from the NCIC/FCIC computer systems as appropriate. VI. NOTIFICATION: A. Notification of registered owner(s) of any vehicle towed as junked or abandoned within the town will be notified according to Town of Gulf Stream Code of Ordinances. B. Officers towing or impounding a vehicle where the owner is not present will make an effort to notify the registered owner where the vehicle was towed to and note any attempts to contact on the offense report. 1. Officers who tow or impound a vehicle as a result of an arrest will note the vehicle location on the Rough Arrest Report in the appropriate location. 2. Officers who tow or impound a vehicle as a result of a crash will list the towing service on the Crash Report in the appropriate location. VII. REFERENCES: FSS 932.701-707 Florida Contraband Forfeiture Act SOP # 17.04 Supervisor Notification. SOP # 22.01 Traffic Enforcement. SOP # 22.10 Traffic Crash Investigations. SOP # 35.01 Crime Scene Investigation and Evidence Collection. SOP # 36.01 Property and Evidence Management. Page 4 of 5 GULF STREAM POLICE DEPARTMENT -Towing and/or Impoundment of Vehicles SOP 22.02 Original issue: 07/01/07 Appendix A VEHICLE STROAGE RECEIPT Garrett J. Ward, Chief of Police Page 5 of 5 GULF STREAM POLICE DEPARTMENT -Stopping and Approaching Vehicles SOP # 22.05 STOPPING AND APPROACHING VEHICLES EFFECTIVE: 07/01/07 I. POLICY: When stopping violators for any reason, officers will take all precautions necessary to provide maximum safety for the officer, the violator and other users of the roadway while maintaining a professional and courteous demeanor. These procedures are to be followed when possible, and are presented from the perspective that ideal conditions exist. II. TRAFFIC VIOLATOR STOPS: A. A police officer making a traffic stop will inform Dispatch of the following information: 1. location of the stop; 2. vehicle description; 3, tag number; and 4. information about occupants. B. Signal the violator to stop by use of emergency blue lights and the use of the siren. 1. Ensure the video recorder is activated and activate the remote audio microphone for the in -car video system, if the patrol vehicle is equipped. C. Officers will make every effort to direct the violator to a suitable stopping point so normal traffic flow will not be impeded. The violator should be directed to the right side of the roadway, close to the curb, or on the shoulder if possible. D. Once the violator is stopped, the officer should position the police vehicle approximately eight (8) to ten (10) feet behind and two (2) feet to the left of the violators' vehicle to create a safety lane. E. The officer should be continuously alert for any suspicious movement or actions inside of the passenger compartment of the violator's vehicle. When approaching the violator, the officer should check the trunk lid of a car or bed of a pickup truck to eliminate any potential threats in those areas. The officer will look into the rear seat area and stop at a point to the rear of the front door. From this position the officer may communicate with the violator and keep him or her in a slightly awkward position. This position will also allow the officer to keep all of the occupants in view. F. At night, the procedure is basically the same. Caution should be exercised when selecting an appropriate place for the violator to stop. Once the violator is stopped, the spotlight should be used to illuminate the interior of the violator's vehicle. G. The officer will request a back-up unit if he or she feels another officer is needed to maintain safe control of the stop. H. Emergency vehicle blue lights, video/audio recording system and vehicle flashers will remain in use until the traffic stop is completed. I. Officers will greet traffic violators in a courteous manner, identify themselves and will inform the person that they are being audio/video recorded, if the patrol vehicle is equipped. a. Request drivers license, vehicle registration and any other needed documents. b. The officer will give an explanation of the circumstances warranting the stop and will explain the citation procedure to the violator, if a citation is issued. c. Officers should attempt to calm violators who display signs of emotional distress as a result of the contact. III. FELONY VEHICLE STOPS: A. Felony vehicle stops will be made by officers operating marked patrol vehicles. The only exception to this would be when exigent circumstances make it necessary for officer or public safety. 1. Ensure the video recorder is activated and activate the remote audio microphone for the in -car video system, if the police vehicle is equipped. B. The officer initially observing the vehicle or suspect is in charge of conducting the stop. C. Secondary units will be called in to assist with the stop by the primary unit or a supervisor. Secondary units may be marked or unmarked units. Page 1 of 2 GULF STREAM POLICE DEPARTMENT -Stopping and Approaching Vehicles SOP # 22.05 D. Before initiating the stop, the primary unit will have completed all essential radio traffic and the secondary units will be assigned and in place. 1. All units involved in the stop will be certain of the reason for the stop and their speck assignment. 2. Any confusion should be clarified prior to the stop being initiated. E. The primary unit will direct the suspect vehicle to the exact location desired either by voice command or by use of the public address system. F. The primary unit will position the vehicle behind the suspect's vehicle with due consideration for maximum protection of the Original Issue: 07/01/07 officer and maximum visibility of the suspect(s). Exact positioning of the primary unit will be determined by the physical characteristics of the site chosen for the final stop. G. The primary unit initiating the stop will be the control officer. The control officer will issue the verbal commands to any and all suspects. This will decrease the likelihood of any conflicting commands that may cause confusion or unnecessary movement and will maximize officer, suspect and public safety. D • SOP # 22.01 Traffic Warnings, Citations, and Arrests Garrett J. Ward, Chief of Police Page 2 of 2 GULF STREAM POLICE DEPARTMENT -Emergency Highway Assistance S.O.P. # 22.06 EMERGENCY HIGHWAY ASSISTANCE EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department has established guidelines for providing emergency services to highway users and to correct hazardous highway conditions. These services include medical assistance, towing, fire suppression services, transportation of civilians, and notifying the proper authorities to remove hazardous materials from the highway or repair hazardous highway conditions. If. OFFICER RESPONSIBILITIES TO STRANDED MOTORISTS: A. Officers will provide assistance to stranded motorists by driving them to the nearest phone or having Dispatch notify the requested business or individual by phone that can provide the necessary assistance. 1. Transportation should be limited to providing the motorist with a means to obtain service or additional transportation and should not require an unnecessary absence from duty by the officer. 2. Any requests for unusual transportation (leaving the Town, etc.) will be cleared with the supervisor prior to providing this assistance. B. If the officer must leave the motorist after arranging for assistance, the officer will check back after a reasonable amount of time has passed to be certain the requested assistance has arrived. C. The officer, if possible, will physically push the vehicle from the roadway. This may require the assistance of other officers or civilians. Officers are reminded that due care must be exercised when pushing a vehicle to prevent injury to the officer or other persons attempting to move the vehicle. D. Whenever a motorist requires roadside assistance, repairs, or towing the officer will ask the motorist which repair or towing service he or she wants to be notified to respond. The officer will contact Dispatch to notify the appropriate service company to respond to the scene. 1. If the motorist does not have a preference, Dispatch will be requested to contact a tow company. 2. The officer will provide any necessary traffic control during the removal process. 3. If the disabled vehicle causes a traffic problem and the response time for the service requested by the motorist is going to be lengthy, the officer may request a tow company respond. E. Unless leaving the disabled vehicle would cause a traffic problem or create a dangerous situation, the officer will not be prevented from responding to emergency calls for service. 1. Prior to leaving the location of a stranded motorist, the officer will ensure the motorist and any passengers are in a place of safety. 2. The officer will instruct all parties to remain in the safe area until the assistance arrives. 3. If the motorist is stranded in a hazardous location, the officer will stay with the motorist until help has arrived unless the officer must respond to an emergency. III. HIGHWAY EMERGENCIES REQUIRING MEDICAL ATTENTION: A. It is the duty of each officer to provide first aid to motorists who exhibit a need for such service. B. At the first opportunity, the officer will contact Dispatch and request Fire/Rescue respond to the scene of a medical emergency. C. If necessary, the officer will render first aid within the constraints of his or her training until Fire/Rescue units arrive D. Upon arrival of Fire/Rescue, the officer will allow the medics to assume control of the medical emergency. E. The officer will remain and provide whatever assistance is required. Page 1 of 2 GULF STREAM POLICE DEPARTMENT -Emergency Highway Assistance S.O.P. # 22.06 F. Police Officers may not provide transportation in a medical emergency unless the situation is of such an immediate, life- threatening nature that waiting for Fire/Rescue to arrive will place unnecessary risk on the injured party. In such circumstances, the officer should weigh the availability of medical facilities and the risks associated with transportation. In any event, the approval of the shift supervisor will be obtained. IV. FIRE FIGHTING AND FIRE SERVICE ASSISTANCE: A. An officer on the scene of an incident where the threat of fire is imminent or actually involved will attempt to control the fire hazard using whatever means is necessary or available (fire extinguishers, hose, etc.). B. The officer will advise Dispatch of the fire and will request the response of Fire/Rescue. C. The officer will assist Fire/Rescue by providing traffic control, crowd control, etc. V. TAKING ACTION TO CORRECT HAZARDOUS HIGHWAY CONDITIONS: A. An officer will notify the supervisor and request Dispatch notify the Public Works Department or proper utility in the event of the following: 1. Roadway flooding causing hazardous Original issue:07/01/07 conditions. 2. Damage to, or the absence of regulatory street signs. 3. Malfunction of traffic control devices 4. Non -hazardous spills on the roadway, which cannot be cleared by the officer. 5. Any hazardous condition that would necessitate the placing of street barricades to temporarily close a street. 6. Damage to any utility poles or downed wires. 7. The supervisor on -scene will request the assistance of the fire department to wash down any area on the roadway on which gasoline, motor oil, or anti -freeze has spilled. 8. The supervisor will request the assistance of the fire department with any hazardous material spill. Upon arrival, the fire department will take control of the scene and notify the appropriate agencies. VI. REFERENCES: SOP # 20.02 Unusual Occurrence Garrett J. Ward, Chief of Police Page 2 of 2 GULF STREAM POLICE DEPARTMENT -Police Escorts, Roadblocks and Traffic Checkpoints SOP # 22.07 POLICE ESCORTS, ROADBLOCKS, AND TRAFFIC CHECKPOINTS EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department has established guidelines for officers to use when involved in police escorts, roadblocks and traffic related checkpoints to maximize the officer's performance and to create safeguards for the protection of officers and motorists. II. POLICE ESCORTS: A. The Police Department will not provide any "code three" escorts under any circumstances. In the event of a medical emergency, an ambulance or medic unit will be requested. In an extreme life saving situation, an officer may transport with his or her vehicle only with approval from the shift supervisor. B. Non -Emergency Escorts for parades, special events, public officials, dignitaries, funerals, etc., may be provided with the approval of the Chief of Police. Persons or organizations requesting escorts must possess the appropriate permits and authorization as required by the Town of Gulf Stream. The Chief of Police will be responsible for planning and coordinating all requested escorts. C. Companies wishing to hire police officers as escorts for oversize vehicles or vehicles hauling unusual or hazardous cargo will be referred to the Chief of Police. If circumstances dictate, the company should be advised to seek a private vehicular escort company. III. ROADBLOCKS: A. Roadblocks used in pursuit situations are permitted when circumstances dictate a roadblock as the only alternative for apprehending a subject who presents an imminent threat to the life of an officer or citizen. A roadblock may be established only with the authorization of the supervisor. B. It will be at the discretion of the supervisor to decide which type of roadblock would be best utilized (fixed, moving, or circle). This decision should be based on the reason for implementing the roadblock, e.g., officers who are in pursuit of a violent felony suspect or to seal an area for a car -by -car check. It will be the decision of the supervisor or higher-ranking officer to terminate the roadblock. 1. Moving roadblock- The use of one or more moving vehicles to occupy all moving lanes and adjacent safety or stopping lanes of a roadway to impede, slow and stop vehicle(s) traveling in the same direction. 2. Fixed roadblock- a full or partial roadblock established at a fixed point. 3. Circle system roadblock- a series of fixed roadblocks intended to contain a vehicle or suspect in a given area. C. Fixed roadblocks will be manned by a minimum of two (2) officers. When staffing of the roadblock falls below minimum levels, the roadblock will be immediately closed down. When a supervisor is not on the scene, the senior officer will be in charge. D. If available, Tire Deflating Devices will be considered whenever and wherever possible to safely terminate a pursuit. IV. TRAFFIC CHECKPOINTS/ VEHICLE SAFETY INSPECTIONS/ DUI CHECKPOINTS: A. When establishing the physical layout for the checkpoint, the safety of officers and motorists and the conspicuous display of an official presence designed to eliminate the initial fear or surprise among motorists are most important. 1. Members will use police vehicles and other warning devices to give maximum visibility and identification while conducting a roadblock. 2. If available, Tire Deflating Devices may be used in these and other tactical situations to reduce the chance of a vehicle pursuit. 3. All traffic checkpoints, vehicle safety inspection and DUI checkpoints will be operated according to current case law. B. Site selections for traffic -oriented checkpoints are most desirable where roadways are flat, limit the motorist's ability to turn around Page 1 of 2 GULF STREAM POLICE DEPARTMENT -Police Escorts, Roadblocks, and Traffic Checkpoints SOP # 22.07 or to use alternate routes and provide motorists with a clear unobstructed view for a reasonable distance. 1. Public warnings of upcoming checkpoints should begin not less than 500 feet from the actual stop. 2. Impeding the flow of vehicular traffic will be kept to a minimum. C. Criteria for stopping vehicles should remain constant. If possible, all vehicles should be stopped. If this is not possible, it is permissible to select a sample of vehicles. 1. When sampling is used, such as in the selection of every fifth or tenth vehicle, it is essential the procedure be rigidly adhered to if the operation is to comply with court prohibitions against random or discriminatory stops. D. The assigned supervisor is responsible for ensuring adequate documentation is kept on the operation. All departures from scheduled operations, such as vehicle sampling procedures and temporary shutdowns due to traffic congestion or other factors, will be documented. Original issue: 07/01/07 1. Prior to the operation of the checkpoint, the supervisor will put in writing the vehicle selection procedure, duty assignments, detention techniques, and procedures for the disposition of vehicles. Each officer at the checkpoint will receive a copy of this plan. 2. The supervisor, or a designee will forward a written critique to the Chief of Police upon completion of the traffic - oriented checkpoint. The critique will include all statistical data, such as the number of stops, arrests, citations, etc. km • SOP # 4.01 Use of Force. • SOP # 9.01 Special Events, Extra Duty Details & Outside Employment. • SOP # 17.04 Supervisor Notification. • SOP # 17.07 Vehicle Pursuits. • SOP # 22.05 Stopping & Approaching Vehicles. Garrett J Ward, Chief of Police Page 2 of 2 GULF STREAM POLICE DEPARTMENT -Driving Under the Influence of Alcohol or Drugs SOP # 22.09 PERSONS SUSPECTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS EFFECTIVE: 07/01/07 1. POLICY: The Gulf Stream Police Department has established guidelines for handling persons charged with driving under the influence of alcoholic beverage(s) and/or controlled substance(s). In an attempt to standardize testing of suspected DUI drivers, certain procedures have been established and are to be followed by the arresting officer. When suspected DUI drivers are offered and administered chemical tests, rules and regulations as set forth by the State of Florida must be adhered to. Local guidelines established by the State Attorney's Office must be followed in order to provide a uniform standard for prosecution of these cases. II. PROCEDURE: A. Driving while under the influence of alcoholic beverage(s) or controlled substance(s) (DUI) violations fall under two categories: 1. Violations that are observed or witnessed by the officer while on patrol, or 2. Violations that are observed during the course of traffic crash investigation. B. While the DUI case building process for each of these is the same; the arrest process will differ during each phase. C. Each DUI case is broken down into the following steps: 1. Detection; 2. Investigation and screening; 3. Arrest; 4. Chemical test administration; and 5. Booking and administrative work. III. DETECTION AND REINFORCEMENT PHASE: A. Observed Violations - The officer on patrol who observes a driver will note several clues, which include both vehicular and human indicators of impairment. Upon deciding to stop the vehicle, the officer will follow established guidelines for traffic stops and use safety techniques as necessary. From the time the officer first suspects a driver to be impaired, the officer will note of any reinforcement clues that indicate impairment. 1. The officer will ensure the video recorder and audio microphone for the in -car video recorder is activated during the initial stage of the DUI investigation, if the police vehicle is so equipped. B. Traffic Crash Investigation - In most crash situations, the responding officer did not actually observe the suspected DUI driver in control of the vehicle. The officer must first ascertain whether any evidence or any other party can identify the suspected driver and place him or her behind the wheel. If the suspected DUI driver committed a violation that resulted in the crash, the violation is a detection clue for the DUI violation. By its very definition, there can be no reinforcement clues in a crash investigation. Voluntary statements must be obtained from witnesses who can place the driver behind the wheel. IV. INVESTIGATION AND SCREENING: A. Observed indicators: Once the officer has come in contact with the suspected DUI driver the investigative phase of the process begins. The officer will note any physical signs or any behaviors that indicate impairment. These include, but are not limited to; odor of alcoholic beverage, bloodshot or watery eyes, impaired speech, clumsiness, etc. If the officer feels that further screening is necessary, physical performance exercises or tasks should be administered. B. There are five (5) standardized physical performance tasks that are approved for use in the State of Florida. These tests are the Horizontal Gaze Nystagmus (HGN), Walk and Turn, One Leg Stand, Finger to Nose, and the Romberg/Alphabet. Each task is administered in a standard manner according to National Highway and Traffic Safety Association (NHTSA) and the results of each are recorded. V. CRASH INVESTIGATION: A. When, during a crash investigation, the officer feels that any of the drivers are DUI, the officer must conclude the crash investigation prior to initiating a DUI investigation. Page 1 of 4 GULF STREAM POLICE DEPARTMENT -Driving Under the Influence of Alcohol or Drugs SOP # 22.09 1. At the conclusion of the crash investigation, the officer will conduct the DUI investigation as outlined in this procedure. B. When the suspected DUI driver has been injured in a crash to the extent he or she will be transported to a medical facility, the administration of physical performance tasks may be inappropriate or impossible. 1. When the driver is transported to a medical facility for treatment of injuries sustained in a crash, the officer may authorize a qualified person to take a blood sample from the suspect for alcohol content analysis. 2. It is not necessary for the officer to place the driver under arrest prior to requesting a blood sample for analysis. 3. If the driver is incapable of refusal by reason of being unconscious or an other mental or physical condition, the driver is deemed not to have withdrawn his or her consent to such test and the sample may be taken. 4. If the driver is conscious, then permission to take the sample must be obtained. The driver should sign the consent form from blood kit. 5. When the driver refuses to submit to the withdrawal, then procedures for a chemical test refusal must be followed. 6. Pursuant to Florida Statute 316.1933, if the driver has been involved in a crash that resulted in serious bodily injury or death, to either himself, herself or another, he or she does not have the right to refuse the withdrawal of blood for alcohol content an/or controlled substance analysis. The officer may use whatever reasonable force is necessary to obtain the sample. If faced with this situation, the officer should notify the shift supervisor prior to taking of the sample. C. When the results of the physical performance tasks, in conjunction with other observations at the scene indicate to the officer the subject is impaired; the subject may be placed under arrest for DUI. The decision to arrest is based solely upon the officers' evaluation and judgment. 1. The subject must be under arrest before they can be asked to submit to a breath or urine test. D. The arrested subject will be secured and transported according to established departmental guidelines. The subject vehicle will be secured according to established departmental guidelines. VI. CHEMICAL TEST ADMINISTRATION: A. After the DUI driver has been placed under arrest; he or she will be transported to the Palm Beach County Sheriffs Office (PBSO) Breath Alcohol Testing (BAT) facility where an approved breath test will be administered. The test will be administered by a PBSO-BAT technician. B. The breath test procedure will be administered according to Florida Dept. of Law Enforcement (FDLE) and PBSO guidelines. C. The preferred test will be a breath test. If the subject agrees, the breath test will be administered by the PBSO technician. A urine test may be administered if the subject requests urine instead of breath (refer to VI -E). If the subject refuses to take any of the tests, procedures for a refusal will be followed. Such refusal will be noted on a Refusal to Submit to Breath, Urine, or Blood Test Form. D. When the results of the breath test are below 0.05% BAC, Florida Statutes presume the suspect is not under the influence of an alcoholic beverage. If the physical performance tasks of the suspect were poor enough to give the arresting officer probable cause to arrest the subject for DUI, the arresting officer should request the subject submit to a urine test to detect the presence of controlled substances. E. Plastic containers for urine collection are kept in the cabinet at the PBSO-BAT. Procedures for administering the urine test are as follows: 1. Allow the suspect to empty the bladder and witness the procedure. 2. Wait 20-30 minutes for the bladder to refill, offering water if needed to assist the process. 3. Have the suspect urinate in the cup. This Page 2 of 4 GULF STREAM POLICE DEPARTMENT -Driving Under the Influence of Alcohol or Drugs SOP # 22.09 must be witnessed to preserve chain of evidence. 4. Use appropriate measures for subjects of the opposite gender of the arresting officer. 5. Secure the lid of the sample cup with evidence tape and place it in the evidence refrigerator in the evidence processing area. G. If the suspect takes the breath test and refuses the urine test, it is considered a refusal of the test and the appropriate procedures will be followed. VII. COLLECTION OF BLOOD SAMPLES: Blood will only be drawn on cases of a traffic accident with serious bodily injuries or death and in these cases the accident will be turned over to the Florida Highway Patrol, or the Palm Beach County Sheriffs Office for investigation. VIII. REFUSAL TO SUBMIT TO A CHEMICAL TEST: A. A suspect arrested for DUI will be offered a breath, urine or blood test. If the suspect refuses to submit to one, all or any combination of the tests, it is considered a refusal. 1. The suspect does not have the right to counsel being present prior to samples being taken. B. The arresting officer must advise the suspect that refusal to submit to the chemical test offered will result in a suspension of the suspects driver license for a period of 12 months if this is their first refusal, or 18 months for a second refusal to submit to the test. The subject will be advised that refusal to submit to a chemical test will be admissible in court. C. If the subject still refuses, an Affidavit of Refusal to Submit to a Breath, Urine, or Blood Test Form will be completed in duplicate by the arresting officer and notarized or attested to by a person authorized to do so. D. When the suspect refuses the offered test, but would submit to another type of test (i.e., offered breath but agrees to blood test), it is considered a refusal. 1. The blood or urine may be taken, but the refusal applies. E. When, after refusing to participate in the test, the subject changes his or her mind and wishes to take part in the test, the test will be administered provided it is practical to do so. IX. REQUEST FOR INDEPENDENT TEST: A. When the arrestee requests the withdrawal of a blood sample for independent analysis, the officer will, after completion of the testing procedure, transport the suspect to a facility for withdrawal of a sample. B. The transportation should be provided in a timely manner. The arrestee is financially responsible for the withdrawal of the sample. The sample will be seized and placed into evidence and taken to the PBSO Crime Lab for analysis. Upon completion of the independent test, the suspect will be returned to the booking facility for completion of administrative duties. X. BOOKING AND ADMINISTRATIVE WORK: A. Once the arrestee has completed chemical testing, normal booking procedures will be followed. B. The State Attorney's Office has mandated the preparation of a DUI Probable Cause Affidavit and Notice To Appear by the arresting officer for a DUI arrest. The DUI Probable Cause Affidavit will be comprehensive enough to serve as the body of the investigative report. 1. The Probable Cause Affidavit will include the following: a. How the suspect was established as being in physical control of the vehicle; b. Any detection clues noted; and c. The actions noted during the investigative phase of the arrest, including the physical performance tasks administered and the results of the tasks. d. Any statements made by the driver. C. A Florida Uniform DUI Citation will be completed by the arresting officer for DUI where Page 3 of 4 GULF STREAM POLICE DEPARTMENT -Driving Under the Influence of Alcohol or Drugs SOP # 22.09 the sample was over .08. Citations for any other violations which support the charge of DUI should be issued. The citations will be copied for submission the State Attorney's Office. 1. If the sample is under .08 or urine or blood results are pending, a Florida Uniform Traffic Citation is issued for the DUI. D. If blood or urine samples were taken, then PBSO Evidence Report Forms will be completed and accompany the samples to the crime lab. E. A PBSO Toxicology Sheet will also be completed for blood or urine sample cases and submitted to the crime lab. F. A copy of all associated paperwork will be made and forwarded to the Office of the State Attorney and DHSMV following normal case filing procedures. Original Issue: 07/01/07 Revised: G. After completion of the chemical test and booking procedures, the suspect will be transferred to the county jail as soon as practicable. XI. REFERENCES: • F.S.S. 316.193 Driving under the influence; penalties. • F.S.S. 316.1932 Breath, blood, and urine tests for alcohol, chemical substances, or controlled substances; implied consent; right to refuse. • F.S.S. 316.1933 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force. • SOP # 22.01 Traffic Warnings, Citations, and Arrests. • SOP # 22.05 Stopping and Approaching Vehicles. • SOP # 29.01 Arrestee Transportation. Garrett J. Ward, Chief of Police Paye 4 iur 4 GULF STREAM POLICE DEPARTMENT -Traffic Crash Investigation SOP # 22.10 'TRAFFIC CRASH INVESTIGATIONS EFFECTIVE: 07/01107 I. POLICY: The Gulf Stream Police Department has established guidelines for traffic crash investigation and reporting practices. To ensure that a thorough crash investigation is completed, officers will collect factual information and describe the results of the crashes in terms of damage to vehicles and roadside objects, injuries to people, marks and residue on the road, and final positions of vehicles and bodies. The officer will submit his or her investigation on the appropriate crash report form. II. CRASH RESPONSES: A. The Department will direct an officer(s) to respond to the scene of any traffic crash reported as occurring within the Town limits. B. In serious injury or fatal crashes, the Chief of Police has requested that the Florida Highway Patrol (FHP) or Palm Beach County Sheriffs Office (PBSO) will handle the crash investigation. 1. Officers will be assigned to respond and conduct a preliminary investigation to determine the extent of injuries. 2. The supervisor will be noted of any crashes of this nature and will make the determination to request FHP or PBSO Traffic Homicide Investigators (THI). C. Hit and Run crashes will be investigated by an officer and a crash report completed. The officer is responsible for follow-up investigation. 1. Minor hit and run crashes with follow-up information may be completed by patrol officers. 2. In a Hit and Run crash involving death or serious injury, it will be handled as outlined In ll. B. D. The responding officer should evaluate the scene and determine if additional officer assistance is needed. In minor crashes, he or she should attempt to clear the roadway and restore the flow of traffic. If a vehicle is disabled 18 and the driver or owner states no towing company preference, the officer will contact dispatch and request a tow company. 1. If an owner requests a specific tow company, the officer will evaluate the response time for the requested tow company. If the owner requested tow company is able to respond in a reasonable time, the owner request will be honored. 2. If an officer determines that the requested tow company response time period will unnecessarily delay the normal flow of traffic, a wrecker will be requested. E. Any officer who witnesses a motor vehicle traffic crash will investigate the crash and submit the appropriate report unless exigent circumstances exist. Circumstances may include, but are not limited to, during prisoner transport, en route to a subpoenaed court appearance, or during off duty time. The supervisor will be advised of the circumstances and a decision will be made as to who will conduct the investigation. The witness officer will always be included as a witness in the report. III. OFFICER RESPONSIBILITIES: A. When responding to a crash scene, the officer should drive safely choosing the best possible approach route considering traffic flow and congestion problems based on their knowledge of conditions normally existing in the vicinity. During approach to the scene and upon arrival, officers should: 1. Be alert for specific conditions or factors that may have contributed to the crash (such as visibility/view obstructions, an inoperative traffic control device, hazards, etc.). 2. Select proper parking position which allows for maximum protection of the scene and take precautions to prevent other crashes, protect the injured, check for hazards, prevent destruction of evidence, provide traffic control, and request any other personnel needed to handle the crash. 3. The first officer arriving at a crash scene will be in charge of the scene and will take the necessary steps to provide aid to the injured, quell any disturbances between the Page 1 of 8 GULF STREAM POLICE DEPARTMENT -Traffic Crash Investigation SOP # 22.10 principals, protect the scene and protect the evidence. The first officer will remain in charge of the crash scene until properly relieved by the supervisor or other officer assigned to handle and complete the crash investigation. 4. Check for injuries, provide first aid or medical attention, and arrange for any needed Fire/Rescue units. 5. Arrange for the safe rerouting of traffic around the crash. 6. Determine if a hit and run crash has occurred (either misdemeanor or felony) and locate the remaining driver(s). Obtain information about the hit and run driver and/or vehicle and relay to dispatch for broadcast. 7. When the driver of a hit and run vehicle flees the scene and leaves the vehicle, the vehicle will be towed and entered into FCIC/NCIC as an abandoned vehicle. A vehicle storage report (VSR) will be completed and included with the crash report. B. After the crash scene has been stabilized and all urgent information has been obtained, the officer should: 1. Determine whether proof of violation is sufficient to issue a citation or make an arrest and take appropriate enforcement action. 2. The officer at a crash scene will take precautions to protect property belonging to the crash victim from theft. 3. Should the owner/driver of a vehicle be unable to care for his or her vehicle or property, the investigating officer will remove any property of apparent value and hold the property for safekeeping or release It to someone authorized by the owner/driver. 4. All property removed from vehicles will be noted on the Evidence/ Property Report Form. Items of no apparent value left in the vehicle will be noted on the Vehicle Storage Report. 5. The officer should advise the tow driver of any property left inside the vehicle so the tow driver can take proper precautions to Page 2 of 8 safeguard the property as well as the vehicle. 6. Arrange for tow vehicle(s) to clear crash scene. 7. Supervise clean up of crash scene. If a hazard exists, have the proper agency notified to remove or repair the hazardous condition. 8. Restore normal traffic flow as soon as possible. 9. Complete crash report forms. IV. HANDLING INJURIES, FIRE HAZARDS, AND HAZARDOUS MATERIALS: A. Officers arriving at the scene of a crash involving injuries, fire hazards, and/or hazardous materials will promptly advise dispatch to notify Fire/Rescue personnel and any other necessary assistance. 1. Officers will be responsible for providing basic life support/emergency medical care and fire suppression services until properly relieved by Fire/Rescue personnel. 2. In the event of hazardous material crashes, officers should isolate the area, evacuate nonessential personnel, and notify dispatch to contact Fire/Rescue. Officers will be responsible for preliminary hazard identification (spill, leak, fire) and identification of vehicle and container placards. B. INJURY CRASHES: 1. When crash calls are received with reported or possible injuries, dispatch will notify Fire/Rescue. An officer arriving on the scene prior to Fire/Rescue will advise dispatch of the existing situation and will determine whether or not Fire/Rescue is in fact needed. 2. Officers will keep their first responder skills in emergency medical aid current. The department will provide, and officers will participate in refresher training in first responder medical techniques. 3. In the event injuries are present at the scene, officers will immediately summon medical assistance to the scene if not already an route. Officers will administer GULF STREAM POLICE DEPARTMENT -Traffic Crash Investigation SOP # 22.10 appropriate medical aid to injured persons. 38 The officer will not attempt to administer medical aid that is beyond his/her capabilities. 4. Officers will assist Fire/Rescue where needed and when possible. At crashes where there is injury or imminent threat of injury, action to deal with the injury or threat will take precedence over all other police activities. 5. Only under extreme or unusual circumstances, such as natural or man- made disasters, will an officer transport an injured person to a medical facility. This will be done if no Fire/Rescue units are available and then only after the officer obtains supervisor approval. C. FIRE HAZARD CRASHES: 1. Any officer arriving prior to Fire/Rescue at a crash scene involving a Fre will be responsible for initial fire suppression efforts. The initial efforts will include, but not be limited to the fire suppression tools that are readily available to the officer, i.e., fire extinguisher, blankets, garden hoses, etc. 2. The first officer on the scene will request the Fire/Rescue if necessary and will direct other responding units to appropriate locations for traffic control or evacuation. D. HAZARDOUS MATERIAL CRASHES: 1. Traffic crashes involving hazardous material spills will be investigated by Officers. If known, dispatch will advise the responding officer that the crash involves hazardous material. Dispatch will also notify the supervisor. 2. The supervisor will respond to the scene. Supervisors should ensure that only properly trained and equipped agency personnel attempt to enter areas where a high probability of presence or exposure to hazardous materials may be encountered. 3. The qualified responding officer, when possible, should approach the scene from an upwind direction. When arriving at the scene, the situation will be assessed and the following action taken: a. Isolate the hazard area and evacuate nonessential personnel. As large an area as possible should be isolated until the hazard danger is known. b. Provide first aid to evacuated person(s) until relieved by medical personnel; c. Coordinate traffic control/rerouting and crowd control, requesting additional officers and public works personnel as needed d. The investigating officer should attempt to identify the hazardous material by questioning the driver, checking the bill of lading, checking placard identification on the subject vehicle, or placard identification on subject material. Do not enter the evacuated area to obtain the information. If the area has to be entered, wait for properly trained and equipped personnel to respond. e. Officers at the scene will relay all known information to dispatch. f. Dispatch will disseminate all known information to other responding units, Fire/Rescue, Environmental Protection Agency, and any other designated special services as needed. g. Once the hazard is eliminated, the investigating officer will continue the investigation of the crash. 1) The supervisor may turn the crash investigation over to FHP or PBSO. V. TRAFFIC DIRECTION AND CONTROL AT CRASH SCENES: A. Traffic direction and control will be determined by the original responding officer. Upon arrival of the investigating officer, the type of control may be changed. B. Officers will use the patrol vehicle's emergency lights and other appropriate warning devices (traffic cones) necessary to protect the scene and to alert approaching traffic. Scene protection and warning are especially important if victims, their vehicles or hazardous debris are in the roadway. Additional officers will be Page 3 of 8 GULF STREAM POLICE DEPARTMENT -Traffic Crash Investigation SOP # 22.10 requested if circumstances dictate. 1. When traffic is heavy or when weather conditions are poor, flares should be used as additional warning to traffic. C. Public Works personnel will be notified for additional cones or barricades for scene protection and traffic control, as needed. D. Should traffic control be needed for an extended period of time, the supervisor will arrange for officer relief. E. Traffic Routing - 1. The routing of traffic around the scene of a crash is necessary to protect the scene from contamination. When routing traffic, the use of flares, cones, or other devices is encouraged unless flammable and/or other hazardous materials are or may be present. 2. The rerouting of traffic around the scene of a crash requires approaching motorists be given sufficient warning of the hazards ahead. Some factors to consider when setting up the routing include the posted speed, the required stopping distance for passenger cars, the volume of traffic, the condition of the road, and the weather. 3. Patrol vehicles should be positioned at the outer edges of a crash scene involving extensive roadway obstruction. Flares or other channeling devices should be placed to direct traffic flow in conjunction with other lane control techniques. The term 'lane control' implies traffic is channeled past the crash zone on the uninvolved lane(s). F. Detours - 1. When traffic has been completely stopped and it appears that the road will be closed for a long time, a suitable detour must be established. When establishing the detour, the officer will consider the following criteria: a. The alternate route should be clearly marked to enable traffic to get back to the primary route as soon as possible. b. Whenever possible, a detour should be established so that traffic flows to the right. Page 4 of 8 c. Flares will be positioned so drivers of the detoured vehicles will have no trouble understanding which direction to turn. d. When a detour begins in an intersection, traffic control should be done manually so vehicles being detoured may be integrated into crossing traffic safely with a minimum of delay. VI. COLLECTION OF INFORMATION: A. When a traffic crash investigation is conducted, it may be appropriate to obtain the following types of information/evidence. 1. Photographs of the final positions of the vehicles, damage to vehicles, and results of the crash on the roadway, such as tire marks, debris, and damaged objects. 2. Preliminary field examination of specific vehicle components for failure or damage. 3. Preliminary matching of vehicle damage to the damage of other vehicles and other objects and to marks on the road. 4. Observations of visibility and view obstructions. 5. Trip plans of each driver or pedestrian involved. 6. Events, maneuvers and anticipated actions just prior to collision. 7. Descriptions and measurements of all vehicle damage, marks on the roadway, final positions of vehicles, and debris. 8. Identification and preliminary statements from drivers and witnesses. 9. Any other information related to the crash that may be necessary to ensure the investigation is complete. B. Crashes that are not investigated, but do warrant reporting, typically require less information to include: 1. Descriptions of all vehicle damage, marks on the roadway, final positions of vehicles, and debris. GULF STREAM POLICE DEPARTMENT -Traffic Crash Investigation SOP # 22.10 2. Identification and preliminary statements from drivers and witnesses. 3. Any other information related to the crash that may be necessary to ensure that the report is complete. C. The information obtained from crash reports is used to support planning and coordinate crash prevention programs, both within the department and in cooperation with other agencies/jurisdictions. This is accomplished through the use of State supplied crash report forms. D. Questioning Drivers and Witnesses. 1. Officers will question drivers and witnesses separately and individually concerning the traffic crash. Audio/video recording units may be used during questioning. Officers will discourage drivers and witnesses from discussing the crash among them. 2. Questioning will normally take place at the scene. a. In crash investigations requiring follow up investigation, the questioning should take place at a more suitable location, preferably department facilities. b. Officers will question drivers and witnesses as soon as practical following the crash. The questioning may be delayed until the person has received medical attention, regained emotional stability, or attended to other urgent personal business. 3. When questioning drivers, officers will be alert to any temporary or permanent physical or emotional impairment and for evidence of alcohol and/or drug impairment which may have affected the person's driving ability. 4. Investigating officers should question drivers about where he or she was coming from, destination, emotional status (e.g., aggravation with traffic during rush hour), the point at which danger was first perceived, what the driver was doing at that point, any evasive action taken, and the condition of the vehicle prior to the crash. 58 5. Witnesses will be questioned as to their exact location when they witnessed the crash, what they were doing at the time, what called their attention to the crash, and what they saw, heard, or did in response. E. Examining vehicle condition in crashes in which serious injuries or fatalities occur. 1. The vehicle(s) involved in a serious injury or fatal crash will be examined by the assigned FHP or PBSO investigator according to accepted professional standards. F. Examining Road and Weather Conditions: 1. Officers will note all conditions of the road in the crash report. a. When examining the condition of the road, officers will be alert for any foreign substance on the surface (sand, loose gravel, oil, etc.). Note the condition of the surface (dry, slippery, wet, etc.). 2. Officers will check the road for any obstructions, which existed at the time of the collision, if possible. This includes parked vehicles, glare, background lighting, foliage, and structures (permanent and temporary). 3. Officers will check the traffic control devices present, to include speed limit signs preceding the crash scene; presence, condition, size and conspicuousness of other control signs, and the proper functioning of traffic signal lights. 4. Officers will record the weather conditions existing at the time of the collision. G. Taking Photographs 1. The decision to photograph most crash scenes will be at the discretion of the investigating officer. When deciding to photograph, the officer will consider the severity of the crash, the severity and nature of the injuries sustained and all other factors. 2. If the investigating officer does not have the proper equipment, then the photographs can be taken by: Page 5 of 8 GULF STREAM POLICE DEPARTMENT -Traffic Crash a. Supervisors b. Investigator 3. Officers taking photographs at crash scenes will be thoroughly familiar with the rules of evidence as they apply to photographic evidence and insure the photographs taken meet approved standards. H. Diagrams and Measurements 1. Sketches enable the investigator to reveal facts, relocate any given point at the scene, subsequently prepare a scale drawing, and explain how a crash occurred. Officers should prepare sketches as necessary and appropriate for these and other investigative purposes. 2. Crash diagrams will be completed whenever an officer is required to complete a long form crash report (HSMV 90003) and will contain the information required by the State of Florida set forth in the Instruction Manual for crash report forms. VII. CRASH REPORTS: A. On arrival at the crash scene, the officer should determine the extent of the crash and the appropriate form to use. Each crash report will be assigned a case number. 1. Under the requirements of Florida Statutes, a Long Form Police Crash Report (HSMV 90003), will be completed when the following criteria are met: a. Injury or Death. b. Hit and Run Crash involving occupied vehicles. c. Hit and Run Crash with follow-up information in violation of FSS 316.027 or 316.061. d. DUI in violation of 316.193. 2. Though not required by statute, a long form report will be completed when a town owned vehicle or town property is involved in a traffic crash. 3. A Short Form Crash Report will be completed when the following criteria are met: Page 6 of 8 SOP # 22.10 a. The damage exceeds $500.00 and there are no injuries. b. Hit and Run Crash with no follow-up information and no injuries. c. A crash with minor damage that does not exceed $500.00 and involves no injuries is not required to be reported to the D.H.S.M.V., however a driver may choose to have the responding officer complete the appropriate crash report. 4. Exchanging Information among Principals. a. Officers will explain to drivers involved in the crash their individual responsibilities in reporting the crash as necessary and appropriate. b. Officers will assist the involved drivers in exchanging pertinent information between each other. c. When the investigating officer completes a crash report (HSMV 90003), the officer will provide each driver with the appropriate information concerning the other drivers on a HSMV 90006. 5. A driver wishing to report a minor damage crash after all vehicles have left the scene and no police report was completed may be given a short form that he or she can complete and mail to Tallahassee. B. Under no circumstance will an officer investigate a crash in which he or she is involved. VIII. REPORTING CRASHES THAT OCCUR DURING A PURSUIT: A. When an officer is engaged in a pursuit and a crash occurs that does not involve the pursuing officer, an officer will investigate the crash and submit the appropriate report. 1. Any crash that results from the pursuit of a violator by another agency will be investigated according to department policy and the appropriate report completed. IX. REQUIREMENTS FOR OFFICER INVOLVED TOWN VEHICLE CRASHES: GULF STREAM POLICE DEPARTMENT -Traffic Crash Investigation SOP # 22.10 A. Beyond the basic requirements at all crash 78 scenes, any officer involved in a crash in a town owned vehicle will: 1. Notify immediate supervisor; 2. Refrain from discussing contributing factors to the crash with the other driver and/or other witnesses. B. In all cases, the officer assigned to investigate any crash involving a town vehicle will complete a Long Form Crash Report. C. In the event of an injury crash involving a Town of Gulf Stream Police Officer, the crash investigation will be handled by and outside agency (PBSO or FHP). D. The supervisor will ensure all requirements of procedure are met and any other action required to complete the investigation is taken. 1. If an officer is injured in any manner, the supervisor will complete the reporting requirements according to a town procedure. X. SUPERVISOR'S PROCEDURE FOR REPORTING CRASHES OR INCIDENTS INVOLVING DAMAGE TO DEPARTMENT VEHICLES, PROPERTY OR EQUIPMENT: A. All accidents or incidents involving damage to department vehicles, property or equipment will be reported immediately, by the officer involved in the incident which caused the damage, to his or her supervisor so that the incident may be investigated. B. The supervisor will complete the reporting requirements according to town procedures for traffic crashes or if a department vehicle is damaged by means other than a traffic crash or other department property or equipment is damaged. 1. The supervisor or designee will take photographs of all town involved crashes or damage to town property. C. A copy of the crash report or Offense/Incident report will be forwarded to the Chief of Police. D. The Lieutenant will review the report for violations of department procedures and make any comments as necessary. He or she will then forward the report, disciplinary action taken and all attachments to the Chief of Police. XI. FATALITY INVESTIGATIONS: In serious injury or fatal crashes, the Chief of Police has requested that the Florida Highway Patrol (FHP) or Palm Beach Sheriffs Office (PBSO) will handle the crash investigation. A. Duties of On -scene Officers: 1. When it is evident death has occurred at the scene of a traffic crash, or the severity of injury is such death is likely, the officer will notify the supervisor. 2. All fatality crashes, or possible fatality crashes, will be handled by a FHP or PBSO Traffic Homicide Investigator (THI) 3. The immediate responsibilities of the officer at the scene of a traffic fatality are to render first aid, secure the scene and locate witnesses to the crash. a. Other vehicles will be kept out of the scene. The road will be closed to traffic and appropriate detour routes selected. b. Under no circumstances will the vehicles, bodies or other physical evidence be moved. This does not preclude victim(s) being moved for medical purposes. c. Officers will NOT use paint, crayons, or other marking devices to deface the scene prior to the arrival of the THI. d. The officer will attempt to identify and locate witnesses to the crash. 1) The officer will obtain their names, home address and phone number, and business address and phone number. 2) The officer will ask witnesses to remain at the scene until the arrival of the THI. 3) If possible, witnesses will be isolated from other bystanders and will be asked to refrain from discussing the crash. Page 7 of 8 GULF STREAM POLICE DEPARTMENT -Traffic Crash Investigation SOP # 22.10 4. Upon arrival at the scene, the THI will assume command of the scene and investigation. 5. The supervisor at the scene or the officer in control will brief the THI as to events that occurred prior to his/her arrival. Such briefing may include, but not be limited to, a. Extent of injuries. b. Identifying the injured or dead. c. Extent of the scene, as known. d. Location and identities of witnesses. e. Scene preservation measures, including traffic routing. f. Identities, locations, and duties of other officers present at the scene. XIV. ENFORCEMENT ACTION PROCEDURES AT CRASHES: A. Investigations at crash scenes will normally result in detecting probable cause to support the issuance of infraction citations, criminal citations, or physical arrest. Upon determination of a violation of traffic law or ordinance, the officer will take appropriate enforcement action. B. In taking any enforcement action, the officer must establish all elements of the violation. Elements the officer has not personally witnessed must be established through investigation. The investigation may include, but not be limited to: 1. Statement or admission made by violator; Original issue: 07/01/07 Page 8 of 8 2. Statements of witnesses; and 3. Physical evidence. C. Officers may elect not to issue citations at crash scenes when: 1. The violator left the scene due to injury and/or 2. Additional investigation is needed. 3. In these instances, officers may complete the citation and forward it to the Clerk of the Court to be served to the violator. XVII. REFERENCES F.S.S. 316.027 Accidents involving death or personal injuries. F.S.S. 316.061 Accidents involving damage to vehicle or property. F.S.S. 316.193 Driving under the influence; penalties. DHSMV Crash Report Manual. FHP 700 Series Report Manual. • SOP # 22.02 Vehicle Impoundment. SOP # 22.09 Persons Suspected of Driving Under the Influence of Alcohol or Drugs. SOP # 27.01 Internal Affairs Function. • SOP #36.01 Handling of Evidence. Garrett J. Ward, Chief of Police LANTANA POLICE DEPARTMENT -School Crossing Guards SOP # 22.11 SCHOOL CROSSING GUARDS EFFECTIVE: (NOT USED AT THIS TIME) ACCREDITATION STANDARDS: 24.05 I. POLICY: The Lantana Police Department has established guidelines for school crossing guards. School crossing guards are highly visible representatives of the department who are responsible for the safety of children and other pedestrians at selected intersections near schools. The presence of crossing guards at street crossings tends to prevent unsafe and unlawful acts by pedestrians and motorists. II. COMMAND RESPONSIBILITY OF CROSSING GUARDS ACTIVITIES: A. The School Crossing Guard Program is assigned under the control of the Support Services Commander. B. The shift supervisor will have functional supervision over the School Crossing Guards. III. AUTHORITY: A. Crossing guards are not law enforcement officers and are not permitted to carry weapons of any type. B. Crossing guards have no arrest powers. Crossing guards will not attempt to apprehend law violators. IV. RESPONSIBILITY: A. School Crossing Guards are assigned to duty posts after meeting hiring qualifications and completing training. Their primary function is to control and direct children at specific locations and times to maximize safety at those crossings. B. Crossing guards will be present at their assigned duty post during the specified times. C. Crossing guards must be aware of conditions and behavior that might adversely affect the safety of pedestrians. D. Crossing guards will familiarize themselves with the location and purpose of street and traffic signs (such as school signs and speed signs) within the assigned area. 1. If such signs are missing or damaged, he V. or she will notify the shift supervisor, who will make notification Public Works. E. Crossing guards are to remain alert for emergency vehicles (i.e., fire trucks, ambulances, police cars) and will clear the road of children, including the school safety patrol and keep all pedestrians as far from the roadway as necessary to ensure their safety until the emergency vehicles have passed. F. If hazardous violations are observed while on post, the crossing guard will attempt to obtain the tag number and description of the vehicle and driver. The crossing guard will notify the shift supervisor as soon as practical. A. Wait for a sufficient break in moving traffic on your side of the street and then walk to the center of the street and face the closest oncoming traffic. B. Raise one arm parallel to the roadway and use the hand held stop sign to stop oncoming traffic. C. Turn to face the opposing traffic, if any, and raise arm and repeat the stop communication. D. Stand parallel to the crosswalk on the line nearest the center of the street and verbally release the children to cross the street. E. Wait until the last child of the group reaches the opposite curb or edge. Return to your curb. F. Signal vehicles to proceed when it is safe to do so. G. Remain on the curb for the next group of children to assemble. VI. CRITERIA FOR ASSIGNMENT OF SCHOOL GUARD LOCATIONS: A. Sites where a crossing guard may be needed are surveyed by the police department following requests or observations made by school officials, or concerned parents. B. The criteria for establishing new crossing guard locations entails a request in writing to the Support Services Commander who handles such requests in accordance with the Manual On Uniform Traffic Control Devices. Page 1 of 2 LANTANA POLICE DEPARTMENT -School Crossing Guards SOP # 22.11 VII. QUALIFICATIONS AND SELECTION CRITERIA: A. Whenever a vacancy occurs, the Chief of Police will notify the Town Finance Department, who will post the opening according to current Town Administrative Orders for filling vacant positions. B. The Town Finance Department will forward all applications meeting qualifications to the Support Services Commander. C. The Support Services Commander will review all applications. If the applicant passes a background check, he/she will be recommended for hiring. D. Crossing guards will be employed on a part- time basis. VIII. PERSONAL CONDUCT: A. Crossing guards will conduct themselves in a professional manner. B. Crossing guards are prohibited from smoking, profanity, sitting/loafing, using alcoholic beverages, or being under the influence of intoxicants and/or controlled substances while on duty. IX. UNIFORM APPEARANCE: A. While on duty, crossing guards will wear the prescribed uniform, issued by the department, which is distinctly different from that worn by sworn personnel. Original Issue: 9/112001 Revised: NEW I.D. # 696 Revision Dales: B. Visible articles of clothing which are not part of the regulation uniform will not be worn. C. Unauthorized pins, buttons, emblems, or insignia will not be worn with the uniform. D. All issued equipment and uniforms will be properly maintained, worn clean and neat, and will remain the property of the Lantana Police Department. E. Crossing guards will return all uniforms and property upon separation from the department. X. TRAINING: A. The Support Services Commander or designee will be responsible for supervision, training, and equipping of crossing guards. B. Prior to crossing children at any crosswalks in the Town, the School Crossing Guard will be instructed in the area of traffic direction. 1. Training may consist of classroom as well as on the job training. C. Crossing guards will be provided copies of applicable SOP's and all rules and regulations as listed in the reference. XI. REFERENCE: • Rules and Regulations. • SOP # 22.15 Manual Traffic Direction. • SOP # 50.01 Uniform and Plain Clothes Attire, Equipment, and Appearance for Member Rick Lincoln, Chief of Police Page 2 of 2 GULF STREAM POLICE DEPARTMENT -Manual Traffic Direction SOP # 22.15 MANUAL TRAFFIC DIRECTION EFFECTIVE: 07/01/07 I. POLICY: Officers, when assigned to manual traffic control, will use uniform traffic control signals and gestures. A combination of hand signals and whistle signals is the preferred method. The objective of the person carrying out manual traffic direction and control is to maintain or restore the safe and efficient movement of vehicular and pedestrian traffic. II. TRAFFIC DIRECTION AND CONTROL FUNCTIONS: A. Police officers may be used for traffic direction and control functions. All officers will have access to the necessary equipment to safely direct and control traffic in situations that may include, but are not limited to, the following; 1. Traffic accident scenes; 2. Special events; 3. Emergency conditions; 4. Signal light failure; 5. Inclement weather conditions; and 6. Disabled vehicles. III. TRAFFIC DIRECTION HAND SIGNALS: A. Stop Signal - Basic signal to stop is an upraised hand at the end of an extended arm raised to well above shoulder level, with the palm of the hand clearly facing the approaching driver for whom the signal is intended. B. Starting Signal - The signal for a stopped vehicle to start moving begins at shoulder level, with the officer extending his arm toward the stopped vehicle (pointing) and waving the car onward by bending his or her arm at the elbow and drawing his or her hand toward his or her chest. 1. Once traffic in one direction starts to move, the officer turns and faces the opposing traffic and delivers the same signal. C. Pull Up Signal - The signal to pull up to a position, indicated by the officer directing traffic at an intersection, is usually reserved for turning traffic facing opposing vehicular or pedestrian traffic. It is started by the officer pointing to the position at which the driver should pull his or her stopped or slowly approaching vehicle. It is completed by maneuvering the driver forward to the selected position to hold the turning vehicle until conditions are safe for the turning movement. D. Turning Traffic - Once it is safe for the motorist to complete the turn, the opposing traffic should be stopped using the standard stop signal, and motioning the left turning vehicle to complete its turn by making a come - a -long signal with the other hand. 1. Right turning traffic requires little traffic direction unless the turning movement is crossing a heavily traveled crosswalk or has to merge into heavy vehicular traffic. Natural gaps are best used for turning vehicles when available. IV. WHISTLE SIGNALS: A. Police officers will be issued whistles for use in traffic direction. The following whistle signals should be used for directing traffic: 1. Stop - A single, long blast, 2. Start - Two short blasts, and 3. Emergency Stop - Three or more short blasts. V. HIGH VISIBILITY CLOTHING: A. Members engaged in manual traffic control will use department issued reflective vests. The reflective vests will be used to enhance officer safety and driver recognition and response. During inclement weather, officers may wear the department issued rain gear instead of the reflective vests. Page 1 of 2 GULF STREAM POLICE DEPARTMENT -Manual Traffic Direction SOP # 22.15 VI. ADDITIONAL EQUIPMENT: A. Police vehicle. B. Flares. C. Traffic cones. D. Portable traffic barriers. E. Flashlight with cone. 191 • None Original issue:07/01/07 Garrett J. Ward, Chief of Police Page 2 of 2 GULF STREAM POLICE DEPARTMENT -Criminal Intelligence SOP # 26.01 CRIMINAL INTELLIGENCE/CRIME ANALYSIS EFFECTIVE: (NOT USED AT THIS TIME) I. POLICY: The department has established guidelines for collection, analysis and dissemination of criminal intelligence information. The gathering of criminal intelligence information from various sources is used to develop personal and modus operandi information which may be of use in future investigations or determining crime patterns. II. DEFINITIONS: A. Confidential Source - Any person who provides information and whose identity will remain undisclosed. B. Informant - A confidential source who: 1. Provides information in exchange for monetary or other lawful consideration; and/or 2. By virtue of providing information is directed by the contact officer to perform certain lawful acts; or 3. By his or her position, or knowledge, is solicited by the police department to provide information to which he or she has access. C. Intelligence - The gathering or obtaining of information in regard to criminal conduct that is either current, on going, or proposed. III. CRIMINAL INTELLIGENCE FUNCTION RESPONSIBILITY AND PROCEDURES: A. The criminal intelligence function is established for the control of intelligence information gathering for the department. 1. The Chief of Police is responsible for the criminal intelligence function. B. The Chief of Police or designee will serve as department liaison with outside law enforcement agencies in the exchange of intelligence information. C. Officers or members of the department may submit information regarding illegal activities on a Confidential Report (Appendix A) and forward it to the Chief of Police. 1. Confidential Reports can be used for organized crime, illegal drug activity, vice or any criminal activity. D. The Confidential Report may include information gathered by a member through observation, an interview or interrogation or by way of suspicious person(s) and/or circumstances. Intelligence information may be received by the department and cross- referenced with other sources, such as: 1. Field interrogation report; 2. Offense reports; 3. Citizens; 4. Other sources. E. Activities performed by the department include gathering of intelligence information from an interview or observation on the street, on a person arrested for an offense, and/or about a person, group, organization, or business suspected of being involved in any criminal activity. F. Other intelligence information may be submitted by phone from citizen complaints of criminal activities. G. Types of information collected through intelligence activities may include, but not be limited to: 1. Criminal activity and patterns and/or 2. Criminal intelligence information (persons). H. Intelligence information will not be disseminated, formally or informally, to any non - law enforcement agency or individual, except at the conclusion of the investigation, at defense discovery and/or according to applicable public record laws. Page 1 of 4 GULF STREAM POLICE DEPARTMENT -Criminal Intelligence SOP # 26.01 IV. CRITERIA FOR INTELLIGENCE GATHERING: A. The criteria for the collection of criminal intelligence information is limited to criminal conduct. There must be a reasonable and legitimate need to gather the information. 1. Information concerning political, religious, racial, or personal beliefs will not be collected or retained unless such information is relevant to a report of known or suspected criminal activity and/or suspects. B. Information received or obtained by the department will be acquired in a legal manner and should only be collected or retained when it is pertinent to criminal activities and/or suspects. C. Informants who operate within the department's intelligence network will not have personal data released except on a clearly defined "need to know" basis. 1. Under circumstances where informant information must be shared with outside investigators or agencies, informant identity will be released through the member who will be responsible for coordinating the exchange of information. E. Intelligence information collected by the department will be disseminated after the following have been established: 1. The accuracy and reliability of information has been ascertained; 2. Whether the dissemination of information would compromise the identity of the source of information; and 3. The requester's right and "need to know." V. CRIMINAL INTELLIGENCE ANALYSIS, SECURITY AND RECORDS: A. Members engaged in the process of collecting, investigating, and analyzing intelligence data will conduct such operations in an environment protected from inadvertent disclosure of information. B. It is the responsibility of the Chief of Police or designee to determine that recipients of disseminated intelligence information are authorized to make the request and/or receive the information, have a "need to know," and that all dissemination are accomplished in a manner which reflects compliance with State and Federal laws. C. The analysis of criminal intelligence may include and/or provide the following information: 1. Identify similarities among different offenses; 2. Reveal patterns of current crime problems; 3. Assist in the screening of suspects; and 4. Assembling of information regarding specific crimes, which may involve an offender who is already in custody. D. Crime analysis information can be distributed to outside agencies and will be controlled by the Chief of Police or designee. Agencies that may receive such information are: 1. Law enforcement agencies; 2. Military or governmental agencies involved in enforcement of laws and the security of the United States; 3. News media; and 4. Local citizen organizations/community groups. E. Distribution of crime analysis information for department use will be available to all members who can benefit from the use of the information. F. Information will be transmitted to persons within other agencies in document form with the name of the person(s) responsible for the content of the documents. G. Verification of those receiving information may be established by: 1. Credentials; 2. Return phone calls; and/or 3. Requests on a letterhead. Page 2 of 4 GULF STREAM POLICE DEPARTMENT -Criminal Intelligence SOP # 26.01 H. Intelligence information files and records will be decentralized from other department records and will be separately maintained and secured by the Chief of Police or designee. J. A review of the intelligence files and records will be conducted, as needed, by the Chief of Police to ensure that files are accurate, relevant, and complete. K. Retention, dissemination, or purging of intelligence files will only be done with approval of the Chief of Police or designee and in accordance with State law. L. Records of destruction will be completed by the Chief of Police or a designee when such files are purged or eliminated. Original issue: 3/1/2005 A. CRIMINAL INTELLIGENCE EQUIPMENT: A. For the purpose of intelligence gathering and/or monitoring of illegal activities, the responsibility to budget, secure, or have access to specialized equipment will be the responsibility of the Chief of Police. B. Visual monitoring equipment, audio monitoring or recording equipment, and other equipment used for intelligence gathering will be used in accordance with State and Federal laws. A court order will be obtained where applicable. VII. • SOP # 18.02 Informants. • SOP # 34.01 Records. Rick Lincoln, Chief of Police Page 3 of 4 GULF STREAM POLICE DEPARTMENT -Criminal Intelligence SOP # 26.01 Appendix A REVISED 3/1/2005 Page 4 of 4 GULF STREAM POLICE DEPARTMENT -Professional Standards/Internal Affairs SOP# 27.01 PROFESSIONAL STANDARDS/INTERNAL AFFAIRS EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department has established guidelines for maintaining professional standards through the use of the internal affairs function. It is the responsibility of the department to provide a systematic, objective and impartial method of investigating complaints of inappropriate behavior or allegations of misconduct by department members. In addition, the department has instituted a procedure for reviewing incidents involving the use of force by members. A. Complaints - Any alleged or suspected act of misconduct by a member which is contrary to written rules, regulations, policies, procedures, directives, or orders of the department. B. Internal Affairs Investigation — An administrative investigation to gather evidence and facts to reach conclusions as to whether a department member has violated federal or state laws, county or local ordinances or any rules, regulations, policies and/or procedures of the department. C. Exonerated (Proper Conduct) - The allegation is true and the action of the department or the employee was consistent with agency policy. D. Sustained (Improoer Conduct) - The allegation is true and the action of the department or the member was inconsistent with department policy or procedure. E. Unfounded Complaint - The allegation is either demonstrably false or there is no credible evidence to support it. F. Not Sustained - There is insufficient proof to confirm or to refute the allegation. G. Misconduct- Violation of federal, state, county or local law or ordinance or department policy, procedure, rule or regulation. III. INTERNAL AFFAIRS FUNCTION A. The Chief of Police or designee will have the authority and responsibility to gather facts through investigative procedures and review to ensure the department and its members' integrity is maintained. B. Department members, whether a subject of an investigation or as a witness, will answer all questions honestly, completely and to the best of their ability. No member will interfere with an internal affairs (IA) investigation. C. During any internal affairs investigations, all information obtained will be kept confidential. D. The procedures for conducting an IA investigation will be in accordance with those rights and privileges enumerated in Florida Statutes, including 112.532 (Law Enforcement Officer's Rights), US Supreme Court ruling in Garrity v. New Jersey (Garrity Decision), and any other applicable rules, regulations, and/or laws. E. The Chief of Police or designee will maintain liaison with the State Attorney's Office regarding criminal allegations against department members. IV. INVESTIGATION OF COMPLAINTS OR ALLEGATIONS OF MISCONDUCT: A. All complaints and allegations of misconduct against the Gulf Stream Police Department and/or its members will be investigated. Complaints can be received in person or by telephone, letter or electronically (i.e., e-mail or fax). B. Upon notification of a complaint of alleged inappropriate behavior, the member receiving the complaint will direct the complainant to the supervisor, who will conduct an initial review of the circumstances. 1. Complaints which are likely to have a serious adverse impact upon the police department will be reported, without delay, through the chain of command to the Chief of Police. 2. Complaints which do not require additional investigation (i.e. guilt or innocence in a traffic violation, or the member clearly followed established department policy or procedure) can be resolved at that time Page 1 of 8 GULF STREAM POLICE DEPARTMENT -Professional Standards/Internal Affairs SOP# 27.01 C. If a civilian wishes to file a formal complaint, the supervisor receiving the complaint will provide a Complaint Form (Appendix A) for completion and the Important Information Concerning Complaint Filing (Appendix B). The Complaint Form should be a concise statement of the allegations and when detailed statements are necessary, they will be recorded or documented on a separate page. It is preferred the complainant complete the Complaint Form by themselves and have it notarized, if possible. If assistance is needed, i.e. handicapped or illiterate, the supervisor addressing the complaint will offer assistance. D. If a member of the agency wishes to file a complaint on another member, the complaining member will do so by memorandum to his/her supervisor. 1. If the complaint involves the supervisor, the complaining member will submit the memorandum to the next level of supervision, within the chain of command. 2. The supervisor receiving the complaint will forward the memorandum to the Chief of Police. E. The supervisor handling the initial complaint will forward the Complaint Form through the chain of command to the Chief of Police. F. The Chief of Police will determine who will conduct the internal affairs investigation. G. The Chief of Police may place a member on administrative leave (Appendix C sworn) during any internal affairs investigation. G. When the Chief of Police directs a supervisor to conduct an internal affairs investigation; the investigative summary and results will be submitted to the Chief of Police in memorandum format and attached to the original Complaint Form. 1. Supervisors who have been assigned to conduct an investigation of a complaint are encouraged to seek advice and/or directions from the Chief of Police. 2. A complaint may consist of one or more allegations. Each allegation must be addressed by the investigating supervisor. 3. The investigation will be completed within thirty (30) days of receiving the complaint. An extension of time for extenuating circumstances may be granted by the Chief of Police. a. Any request for extension will be made through the Chief of Police. H. Complainants in internal affairs Investigations will be required to provide a taped sworn statements. V. COMPLAINT INTERVIEW PROCESS: A. Prior to being questioned, the accused member will be notified they are the subject of an internal administrative investigation. 1. An Advance Notice of Complaint Investigation form (Appendix D) including a copy of the Law Enforcement Bill of Rights will be given to a sworn member at least twenty four (24) hours prior to his or her interview. 2. The member will be given copies of the allegations including written statements taken prior to the interview. 3 The accused member will be informed of his or her rights and responsibilities relative to the investigation. a. Sworn members will sign and date a copy of the Law Enforcement Bill of Rights in the presence of the investigating officer prior to the interview. 4. The interview will be tape recorded and taken under oath regarding the allegations under investigation. B. Upon request, the member will be given a copy of his or her written or tape-recorded statement(s). To obtain a copy of a taped statement, the member must furnish a blank cassette. Page 2 of 8 GULF STREAM POLICE DEPARTMENT -Professional Standards/Internal Affairs SOP# 27.01 C. No member will be ordered to submit to a truth verification test such as a polygraph or CVSA. Such tests may be offered by the department in any administrative, civil or criminal matter. The results of such tests will be used in accordance with the laws of the State of Florida and the United States. Refusal by the member to submit to such a test will not form a basis for disciplinary action. D. A member may be required to submit to a medical or laboratory examination at the department's expense when the examination is specifically related to a particular internal affairs investigation. 1. A supervisor who reasonable suspects a member is under the influence of alcohol or controlled substances may require the member to immediately submit to such testing. 2. Refusal by the member to submit to such testing may form a basis for disciplinary action up to and including termination. E. A member may be required to be photographed and/or participate in a lineup when reasonable suspicion exists that he or she was involved in an incident and that an identification of the suspect member(s) can be made. 1. If the suspect member refuses to be photographed or appear in a lineup, he or she may be compelled to be photographed and/or appear. 2. Refusal to comply could result in disciplinary action up to and including termination. F. A member may be required to submit a financial disclosure statement when the actions are essential to a particular internal administrative investigation. 1. If the suspect member refuses to disclose financial records, he or she may be compelled to supply the records. 2. Refusal to comply could result in the department obtaining a subpoena to acquire the records and disciplinary action up to and including termination. G. Non -criminal investigation only: 1. The member is required to answer questions specifically directed and narrowly relating to the performance of his or her official duties or fitness for duty. 2. The refusal by a member to answer pertinent questions, whether as a subject or a witness, may result in disciplinary action up to and including dismissal. 3. The member will not be required to waive his or her constitutional rights with respect to criminal investigations. H. Criminal investigations only: 1. If a member is under arrest or is likely to be (is a suspect or target of a criminal investigation), the member will be informed of his or her rights in accordance with prevailing legal requirements prior to being interviewed. If a member chooses to invoke any or all of his or her legally protected rights, that member will not be subject to charges of insubordination or failure to cooperate for that reason alone. I. Except as authorized or required by the Chief of Police or designee, members will not contact persons involved in an internal administrative investigation or disclose any information regarding the investigation. VI. INVESTIGATION REVIEW AND A. The completed investigation file will be reviewed by the Chief of Police to ensure that it was conducted in accordance with the procedures or governing laws and for a recommendation on disposition (exonerated, substantiated, unsubstantiated, or unfounded). 1. When the investigation is completed and a member is found in violation of a department policy, procedure, directive or rule and regulation, the investigating officer will utilize the "Supervisor's Guide to Discipline" as a guideline for recommending discipline. Page 3 of 8 GULF STREAM POLICE DEPARTMENT -Professional Standardslinternal Affairs SOP# 27.01 B. The final determination on each allegation and any disciplinary action rests with the Chief of Police. C. The Chief of Police will ensure the complainant and the subject member(s) are notified in writing of the disposition of all complaints. D. The Chief of Police or designee will be responsible to prepare FDLE Internal Investigation Report Form CJSTC 78 if allegations have been sustained against a member in violation of 943.13 (4) or (7). 1. The Chief of Police will review the FDLE Farm 78 and forward to FDLE as required. VII. INTERNAL AFFAIRS RECORDS: A. It is the responsibility of the Chief of Police to establish a system of receiving, recording, and filing of all complaints. Once the investigation is complete, all records will be maintained in a secure area in the department under the custody and control of the Chief of Police. During the investigation and processing of Original Issue: 07/01/07 internal affairs complaints, the confidentiality of these records will be strictly maintained. B. When a final disposition of any administrative investigation has been rendered by the Chief of Police, the investigation becomes a public record. The investigation will be released in accordance with public records laws and will be made available to any requesting party. C. Review of public record Internal Affairs files will be done by the Chief of Police or designee or a court of competent jurisdiction. A record will be made of each review. Copies of Internal Affairs files will be issued only with the approval of the Chief of Police or a designee. A record will be made showing who received the copies. VIII. • SOP # 10.01 Grievance Procedures. • SOP # 11.01 Disciplinary Procedures. • Town of Gulf Stream Personnel Policies. • F.S.S. 112.532 Law Enforcement Officer's Rights. • F.S.S. 112.533 Receipt and Processing of Complaints. Garrett J. Ward, Chief of Police Page 4 of 8 GULF STREAM POLICE DEPARTMENT -Professional Standards/Internal Affairs SOP# 27.01 Appendix A GULF STREAM POLICE DEPARTMENT COMPLAINT FORM Name Date: Address Phone Number: Nature of Complaint (please use back/and attach additional 8 %2 x 11 pages): I have received, read, and understood the information letter concerning citizen complaint filing. I understand that any FALSE sworn statement I provide concerning this complaint subjects me to possible criminal and/or civil liability. Signature Date FOR OFFICE USE ONLY Received by: Assigned to: Handled By: Date: Follow up: phone letter in person Resolution: Reviewed By: Supervisor Date Chief of Police Date Town Manager Date Page 5 of 8 GULF STREAM POLICE DEPARTMENT -Professional Standards/internal Affairs SOP# 27.01 Appendix B GULF STREAM POLICE DEPARTMENT 246 SEA ROAD GULF STREAM, FLORIDA 33483 PHONE 561278-8611 fax 561276-2528 IMPORTANT INFORMATION CONCERNING COMPLAINT FILING The security of the Town of Gulf Stream, its citizens, plus the integrity and reputation of the Gulf Stream Police Department depends to a great extent on the manor in which police officers of this Department perform their varied and difficult duties. The performance of such duties involves those Members in all manners and relationships with the public. Out of such contacts and relationships may arise questions concerning the actions of Members of the Department. Such questions require prompt investigation by superior officers designated by the Chief of Police or other competent authority. To ensure that such investigations are conducted in a manor conducive to good order and discipline, meanwhile observing and protecting the individual rights of each Member of the Department. The following rules are hereby established relative to an investigation and a Department Member. If you wish to pursue this complaint, you will be required to give a sworn statement as to the nature of your complaint. This statement will be covered by the perjury statutes of the State of Florida, in particular, Florida State Statute 837.06, which makes it a second degree misdemeanor to knowingly make a false statement with the intent to mislead a public servant in the performance of his duty. Page 6 of 8 GULF STREAM POLICE DEPARTMENT -Professional Standards/]nternal Affairs SOP# 27.01 Appendix C MENORANDUM TO: FROM: DATE: SUBJECT: Administrative Leave Effective immediately, you have been placed on administrative leave and will be responsible to the administrative Services Manager. While in this status, your hours of accountability to the Administrative Services Manager are 0800 to 1600, Monday through Friday with weekends and Town Approved Holidays off. You will receive full pay as long as you comply with the provisions outlined below. 1. You must remain at home (between 0800 to 1600, Monday through Friday) unless you are attending court or ordered to report another place by the Administrative Services Manager. 2. Each Monday through Friday, you must report by telephone to the Administrative Services Manager at 0900 and 1500 hours. 3. If it becomes necessary to leave your residence for personal reasons, you must first call the Administrative Services Manager for approval of use of your accumulated time. You must also notify the Administrative Services Manager upon your return home. If it becomes necessary to leave your residence on Department business, you must first notify the Administrative Services Manager prior to departure and then again upon return to your residence. If it becomes necessary during duty hours to attend court in defense of your job related actions, you are expected to do so. 4. Utilization of any police facilities is strictly forbidden. 5. You must honor all subpoenas and other court related requests. Subpoenas will be picked up immediately upon notification. 6. You will attend all other required Department Business assigned or received from the Administrative Services Manager. 7. Your participation in any event sponsored, sanctioned, endorsed or in any way identified with or representative of the Town of Gulf Stream Police Department is prohibited unless prior written authorization is obtained from the Chief of Police. 8. While on this status, you will wear appropriate business attire when visiting the Department, or while attending any other job related function. Strict compliance with this order is required. Disciplinary Action will be taken for violating any of the aforementioned provisions. Furthermore, violation of section 1, 2 and 3 will result in an involuntary resignation being placed into your personnel file as per Administrative orders. The Foregoing notice was served personally on this , day of 20_, at hours. Page 7 of 8 GULF STREAM POLICE DEPARTMENT -Professional Standards/internal Affairs SOP# 27.01 Appendix D ADVANCE NOTICE OF COMPLAINT INVESTIGATION EMPLOYEE: ALLEGATIONS: COMPLAINANT: INTERVIEW DATE AND TIME: DATE AND TIME RECEIVES BY EMPLOYEE: INVESTIGATOR: Date: A COPY OF THE LAW ENFORCEMENT OFFICERS RIGHTS, EXCERPTTD FROM FLORIDA STATE STATUTE, HAS BEEN ATTACHED TO THIS NOTICE. IT IS YOUR RESPONSIBILITY TO READ AND SIGN THIS COPY AND BRING IT WITH YOU TO THE INTERVIEW. EMPLOYEES SIGNATURE: Page 8 of 8 GULF STREAMPOLICE DEPARTMENT -Prisoner Transportation SOP # 29.01 PRISONER TRANSPORTATION EFFECTIVE: 07/01/07 I. POLICY: The department has established guidelines for transporting a prisoner(s) and an officer will provide safety and security for the prisoner, himself or herself, and the public. Officers transporting prisoners should be aware of the dangers this activity presents and prisoners will be restrained in order to minimize the opportunity for escape and exposure of the prisoner to the possibility of injury. II. TRANSPORT (PATROL) VEHICLES: A. Will be equipped with a barrier which prevents prisoner access to the driver's compartment. B. Will be modified to prevent the exit of the prisoner from the prisoner compartment without the assistance of the transporting officer. C. Will be searched before and after shifts, regardless of whether or not prisoner transport duty is anticipated at the start of a shift. D. Will be searched immediately before a prisoner is placed within and immediately after a prisoner is removed. A. While in transport, all prisoners will be restrained with departmentally approved handcuffs or flex cuffs applied with the prisoner's hands behind the back unless specific exceptions contained within this S.O.P. apply. 1. Handcuffs or flex cuffs will be applied so the tip of the officer's finger can be inserted between the handcuff and the radial or the ulnar region of the prisoner's wrist. a. Handcuffs will be double locked as soon as the officer can safely do so. Handcuffs unable to be double locked will immediately be taken out of service. b. Physical disability, deformity or injury may preclude handcuffing behind the back. c. Prisoners should be handcuffed before they are searched. d. It is the officer's responsibility to check the wrists of the prisoner upon complaint of pain and to take the appropriate action. e. Leg cord cuff restraints (hobbles) may be used to restrain the movement of prisoners who threaten or exhibit violent or destructive behavior. 1) A prisoner who is hobbled should be observed more closely for signs of discomfort or distress. 2) A prisoner who is hobbled will not be placed face down except for the time necessary to apply the hobble restraints. 2. While the handcuffing of prisoners prior to transport is the routine course of action, there may be an occasion when prisoner restraint may be modified or not employed. Exceptions could include the very young, the elderly, the physically or medically impaired. B. Restraints will not be removed from a prisoner until the prisoner is secured in a facility, released from custody, or no longer poses a threat of violence. If there is a lengthy delay and the prisoner's human needs must be attended to, handcuffs or flex cuffs may be removed, provided the officer believes the needs are valid and the person can be controlled. C. Prisoners will not be handcuffed or flex cuffed to any part of the transport vehicle. D. Restraining devices may not be used on disabled prisoners when: 1. The disability renders the prisoner sufficiently immobile, and/or 2. The application of restraints would cause the prisoner undue pain and discomfort. E. Transporting officers may use leg chains and waist chains to restrain the movement of prisoners who are an escape risk or exhibit violent or destructive behavior. 1. Waist chains and leg chains will be stored in the Prisoner Holding Area. Page 1 of 6 GULF STREAM POLICE DEPARTMENT -Prisoner Transportation SOP # 29.01 2. Waist chains and leg chains will be applied so the tip of the officer's finger can be inserted between the handcuff and the prisoner's skin. a. All restraints will be double locked as soon as the officer can safely do so. 3. Upon completion of the transport or as soon as practical, the leg and waist chains will be returned to the Prisoner Holding Area. IV. TRANSPORTION OF PRISONERS: A. One officer will not transport more than two prisoners at any one time unless authorized by a supervisor. 1. Prisoner(s) will be secured in the rear passenger area behind the security barrier in the transport (patrol) vehicle. B. Prisoners will be searched prior to transport: 1. Any officer who transports a prisoner who was not searched in that officer's presence will personally search the prisoner prior to transportation. 2. If possible, prisoners will be searched by someone of the same gender prior to being placed in the transport vehicle. C. The officer should have the prisoner in sight at all times. 1. Arrestees will be secured in a transport vehicle with seat belts, if equipped, unless he or she is violent, poses a threat to officer safety, or other exigent circumstances exist. D. Prisoners who are secured with handcuffs or flex cuffs and a hobble will not be placed, and/or left, face down in a transport vehicle. 1. If the hobbled arrestee no longer appears to pose a threat to the officers, the hobble may be removed from the arrestee's legs and he or she will be placed into the transport vehicle. 2. If the hobbled arrestee still poses a threat and/or to prevent the arrestee from thrashing around in the transport vehicle, he or she may be placed face down into the rear prisoner compartment of the transport vehicle temporarily, and only for the time necessary, to: a. Remove the hobble lead from the arrestee's hands while maintaining control. b. Place the hobble lead out the door of the prisoner compartment of the transport vehicle. c. The door will be closed on the hobble lead. Excess lead will be put in the front compartment through the open front door of the transport vehicle to prevent it dragging on the ground. The front door will be closed to secure the lead. E. Any officer transporting a handcuffed and/or hobbled arrestee will observe the prisoner to see he or she does not get into and remain in a face -down position during transport. Should this occur, the officer will stop the transport vehicle at the closest safe area and return the arrestee to the upright position. The assistance of a back-up officer may be requested if necessary. F. Performance of law enforcement related duties while transporting prisoners: 1. Officers will maintain control of the arrestee(s) during transport and law enforcement action will not be taken while transporting prisoners, except in the case of an immediate life-threatening situation in which the officer must act to prevent serious bodily injury or death to a citizen, another officer, or him or herself. 2. Stops for activities not related to law enforcement are strictly prohibited while transporting a prisoner. G. Escape of prisoner(s) during transport: 1. The transporting officer will immediately notify dispatch by radio, giving his or her location, description of the escapee, and mode and direction of travel. 2. If the escape occurs outside the city limits, dispatch will immediately notify the agency in whose jurisdiction the escape occurred. 3. A supervisor will respond to all escape scenes. 4. If the escapee was the sole occupant of Page 2 of 6 GULF STREAMPOLICE DEPARTMENT -Prisoner Transportation SOP # 29.01 the transporting vehicle and the escape occurred in Gulf Stream, the officer may participate in the search and/or apprehension. a. If the escape occurred outside of our jurisdiction and the escapee was the sole occupant of the transport vehicle, the officer will assist the jurisdictional officers in the search or apprehension, if requested. 5. If an escape occurs in or out of our jurisdiction and additional prisoners remain in the vehicle, the officer will not leave the vehicle to assist in a search or apprehension until another Gulf Stream officer arrives on -scene and takes responsibility for the remaining prisoners. 6. The transporting officer will submit a written report detailing circumstances of the escape to his or her supervisor prior to the end of the shift. H. Prisoners being transported should be prohibited from communicating with anyone other than the transporting officer. I. Upon receiving a prisoner for transport, the transporting officer will confirm the prisoner named in the transport documents is the one intended for transport. 1. Check and compare the name, birth date, social security number and physical description of the prisoner arrest documents to the prisoner to be transported. Visually confirm the prisoner matches the physical description. J. Actions of transporting officer upon arrival at the receiving agency: 1. Prior to entering a jail area, the transporting officer(s) will secure all firearms, ammunition, impact weapons (ASP), and OC spray by locking them inside the trunk of the transport vehicle or in a firearms storage locker, if provided by the receiving agency. 2. The transporting officer will deliver the prisoner(s) and booking documents to the receiving agency's officer who will sign for the prisoner. 3. The transporting officer will immediately notify receiving personnel when the arrestee is a security threat or has a medical condition or problem. This information will also be documented in the arrest documents. 4. The transporting officer will then remove restraints (if permitted by the receiving agency) and relinquish custody to the receiving agency. K. Restraining and/or transporting sick or injured prisoners: 1. Any prisoner complaining of sickness or injury, or who appears to be sick or injured whether complaining or not, will be treated as follows: a. A Fire/Rescue unit will be called to the prisoner's location. b. Fire/Rescue will provide first aid. c. If the prisoner requires additional treatment, the sick or injured prisoner will be transported to a medical care facility by Fire/Rescue. 1) When Fire/Rescue transports the prisoner to a medical care facility, an officer will accompany the prisoner. 2) Any prisoner transported by Fire/Rescue will be restrained on a gurney or backboard as securely as possible consistent with his or her illness or injuries. d. The officer will notify the personnel at the receiving medical facility if the suspect is a security threat and request appropriate assistance. 2. Restraint of all prisoners is recommended. A sick or injured prisoner in custody for nonviolent offenses does not have to be restrained during transport based on the discretion of the transporting officer. When making the decision to restrain or not restrain a sick or injured prisoner, the transporting officer will consult the supervisor and consider the following: a. Safety of the officer and the prisoner. b. Nature of the offense. c. Circumstances surrounding the Page 3 of 6 GULF STREAM POLICE DEPARTMENT -Prisoner Transportation SOP # 29.01 capture of the prisoner and the prisoner's reaction. L. Any prisoner who is transported to the department will be brought into the holding cell d. The prisoner's current and past area via the rear door and the restraint devices demeanor. will be removed after the prisoner is secured within the department holding cell area. e. The criminal history of the prisoner and possible sentence for the current V. SPECIAL TRANSPORT SITUATIONS: offense. A. Transporting prisoners of the opposite f. The possibility of the prisoner injuring gender: himself or herself. 1. Whenever an officer transports a 3. If a prisoner is being treated at a prisoner of the opposite gender, he or she hospital or other medical facility, restraints will contact dispatch by radio advising of his will be applied in conformance with the or her location, starting mileage and doctor's instructions, and with due regard destination. Upon arrival at the destination, for the location and severity of the injury. he or she will advise the location and ending mileage. a. The officer will maintain control of any prisoner being medically treated. 2. Prisoners of opposite genders will not be transported together unless they are 4. If the prisoner is admitted to the arrested during the same incident or they hospital, the arresting or transporting officer are separated by a physical barrier. will immediately notify the supervisor. B. Transporting juvenile prisoners: a. The supervisor will make arrangements for the booking 1. Whenever an officer transports a juvenile paperwork to be forwarded, as prisoner, he or she will contact dispatch by soon as possible, to the Palm radio advising of his or her location, starting Beach County Jail booking desk. mileage and destination. Upon arrival at the When the Palm Beach County Jail destination, he or she will advise the receives the paperwork, they will location and ending mileage. send a deputy to take custody of the prisoner at the hospital. 2. Juvenile prisoners will not be transported with adult prisoners unless they are b. An officer will remain with arrested during the same incident or they the prisoner until relieved by a are separated by a physical barrier. PBSO deputy. C. Disabled Prisoners: c. The supervisor has the discretion to release a prisoner admitted to 1. A disabled prisoner who requires the use the hospital on a Notice to Appear of a wheelchair may be transported in a or to file charges with the State police vehicle provided it can be done Attorney's Office, if appropriate. safely. 5. If a prisoner is being treated or awaiting 2. Prisoners with prosthetic devices may be treatment at a medical facility, the transported in a police vehicle. transporting officer will remain with the prisoner to provide security for the medical a. Restraining prisoners wearing facility personnel. prosthetic devices frequently requires ingenuity and a concern for safety of 5. The officer's incident report will reflect both the prisoner and the officer. any medical attention or first aid given to a prisoner, including the dates, times, b. A prisoner wearing a prosthetic places, and names of the provider(s). device must be thoroughly searched, The officer will include a copy of the including the prosthetic device(s). Fire/Rescue report, if it is available at the time of the initial investigation. Page 4 of 6 GULF STREAMPOLICE DEPARTMENT -Prisoner Transportation SOP # 29.01 c. Handcuffs and/or the hobble may be used to restrain prisoners wearing prosthetic devices. d. Restraining devices or combinations of restraining devices should not interfere with the prisoner's ability to balance, breathe or protect himself or herself during transport. 3. Prior to transporting a physically or mentally disabled prisoner or a prisoner wearing a prosthetic device to a custodial facility, the transporting officer should contact that facility and advise them of the prisoner's condition so any special arrangements may be made at the facility prior to the prisoner's arrival. Wheelchairs or crutches may be transported in the police vehicle, but will not be placed in the portion of the vehicle used to confine the prisoner. 4. If a prisoner is so physically and/or mentally handicapped the officer feels the prisoner cannot be safely transported in a police vehicle, the officer will contact the supervisor. The supervisor and officer will consider the need for a special vehicle, such as an ambulance or other appropriate vehicle. VI. PROPERTY AND EVIDENCE DOCUMENTATION: A. The arresting officer is responsible for the prisoner's property. 1. All property the person had in his or her possession at the time of arrest that will not be taken to the Palm Beach County Jail or other holding facility will be secured in the Property/Evidence Section and the appropriate forms will be completed. a. A Property Form will be completed for any property taken from the prisoner and placed into the Property/Evidence Section for evidence or safekeeping. The prisoner will be asked to sign the receipt. A copy will be given to the prisoner and/ or placed with the arrest documents prior to transport. See SOP # 36.01 for additional guidelines for storing prisoner property. VII. DOCUMENTATION: A. The arresting officer will document in the narrative portion of his or her report the aspects of the handcuffing technique used including, but not limited to: 1. Whether the arrestee was cuffed behind the back or in front. 2. The officer checked for the proper fit and double locked the handcuffs on each wrist. 3. If the arrestee complained of pain or discomfort in regard to the handcuffs, the officer will document the complaint and the actions taken to check and/or readjust the handcuffs. 4. The use of leg cord cuff restraints (hobbles). B. Documents that accompany the prisoner to the Palm Beach County Jail may include, but are not limited to, the: 1. Probable Cause Affidavit, Rough Arrest, Notice to Appear, Uniform Traffic Citation, and/or a teletype verifying a warrant. C. Documents accompanying transported prisoners will include, at a minimum, the prisoner's: 1. Name, race, gender, date of birth, physical description; 2. Mental Condition (suicide, escape risk, or security hazards); 3. Nature of charges or reason for confinement; and 4. Name(s) of arresting/transporting officer(s). Page 5 of 6 GULF STREAM POLICE DEPARTMENT -Prisoner Transportation SOP # 29.01 VIII. REFERENCE: • SOP # 2.03 Arrest Procedures. • SOP # 30.01 Prisoner Holding. SOP # 36.01 Property and Evidence. SOP # 37.01 Infectious Diseases. Original issue: 07/01/07 Garrett J. Ward, Chief of Police Page 6 of 6 GULF STREAM POLICE DEPARTMENT -Spitting Subjects SOP # 29.02 SPITTING SUBJECTS EFFECTIVE: NOT USED AT THIS TIME I. POLICY: The department has established guidelines to reduce member's exposure to disease by person(s) spitting on or at member's while being transported. II. PROCEDURE: A. If a prisoner is attempting to bite or spit on an officer, a department issued spit hood is to be used. 1. The spit hood will be applied by slipping over the head of the subject. S. At no time will a prisoner be left unattended while the spit hood is in place. 1.If a prisoner begins to choke, gag or Original issue: 3/1/2005 vomit, the officer will ensure the prisoner's airway is not obstructed. The officer should be prepared to remove the spit hood immediately. 2. If medical distress is observed, Fire/ Rescue will be notified. C. The spit hood is not to be used on unconscious prisoner's or those suffering with breathing problems. D. The fact a prisoner is a juvenile or elderly does not preclude the use of the spit hood. E. The arresting officer will document the use of spit hood and circumstances in the narrative section of the offense report. F. Spit hood will be discarded after each use. III. REFERNCE: • SOP 29.01 Arrestee Transportation Garrett J. Ward, Chief of Police Page 1 of 1 GULF STREAM POLICE DEPARTMENT -Prisoner Holding Area SOP # 30.01 PRISONER HOLDING AREA EFFECTIVE: 07/01/07 I. POLICY: The department has established guidelines to operate a prisoner holding area. The holding area is for temporary detention and detainees will be held for no longer than six hours pending the release or transportation of the detainee to another facility. Men, women and juveniles will be detained separately. II. DEFINITIONS: A. Continuous Supervision: Direct, personal supervision and control by a member who has constructive physical control over a prisoner and can immediately intervene on the behalf of the department or prisoner. III. ADMINISTRATIVE PROCEDURE: A. The chief of Police is responsible for the operation of the prisoner holding area. The individual detainees are the responsibility of the arresting or transporting officers. 1. The supervisor or designee on each shift is responsible to inspect the prisoner holding area to include the booking area and the individual cells. a. When any contraband is located, it will be seized, placed into evidence and the discovery will be documented in a police report. 2. All requests for repairs and maintenance are to be directed through Public Works and no repairs or maintenance will be performed while detainees are in the prisoner holding area unless exigent circumstances exist. a. At the completion of any repair or maintenance work the supervisor will inspect the area to assure tools and other equipment is removed from the holding cell areas. B. Fire and Safety Procedure in the Prisoner Holding Area. 1. Approved automatic fire alarms with heat and smoke detectors are provided in the prisoner holding area. a. The smoke detectors and fire alarm will be tested monthly by the Chief of Police or a designee. 2. A hand held fire extinguisher is kept on the wall outside the holding area in case of fire. a. The fire extinguisher will be inspected on a semi-annual basis. 3. In the event of a fire: a. All officers and detainees will be evacuated via the posted escape routes. b. Dispatch will immediately notify Fire/Rescue to respond. C. The day supervisor is responsible to conduct a weekly holding cell inspection including the cell areas, first aid and fire suppression equipment, supplies, additional restraint devices. 1. If any equipment is found to be in need if repair or replacement, the supervisor shall submit a memo to the Chief of Police requesting repairs/replacement. IV. PRISONER HOLDING AREA OPERATIONAL PROCEDURE: A. NO FIREARMS ARE ALLOWED INSIDE THE PRISONER HOLDING FACILITY WHILE PRISONER/DETAINEES ARE PRESENT. B. The prisoner holding area can be used to detain: 1. Prisoners of the same sex only. 2. Juveniles cannot be detained in the prisoner holding area when any adult prisoners are being held. C. If the prisoner holding facility is already being used to detain a person of the opposite sex or a juvenile, the officer will be responsible to maintain continuous supervision of the detainee while in custody. 1. The officer may transport the detainee directly to the county jail or juvenile assessment center (JAC) with the supervisor's approval. Page 1 of 5 GULF STREAM POLICE DEPARTMENT -Prisoner D. Arrival of prisoner at Police Station 1. Once the firearm(s) are secured, the prisoner will be removed from the police vehicle. 2. The officer may keep departmentally approved non -lethal weapons on his or her person inside the holding cell area. 3. Police officers will secure their prisoner(s) as soon as practical in a holding cell. 4. After securing a prisoner in a holding cell, the officer will secure the interior squad room cell door (door 2) prior to leaving the holding area. E. The detainee will be searched and all personal property will be taken from the detainee and placed into a bag, prior to them being placed into the holding cell. The following items will be taken including, but not limited to: 1. Wallets, currency, matches, lighters, tobacco products, gum, etc.; 2. Belts, shoes, outerwear (coat, windbreaker, etc.); and 3. Any other loose items in the detainee's pockets. F. The arresting and/or transporting officer is responsible for safeguarding the detainee's property from loss or destruction. G. The arresting/transporting officer will complete the property receipt -short form (Appendix B) for the detainee's property place the detainee's property inside the bag. 1. Property that does not fit in the bag or the county jail will not accept will be documented on a Gulf Stream Property Receipt (Appendix C) and placed into evidence/property for safekeeping up to 90 days. a. The detainee will sign the receipt acknowledging the property was removed for safekeeping. b. If the detainee is combative and/or it would not be safe to remove the handcuffs, the detainee need not sign the receipt and it will be noted on the Area SOP # 30.01 label (i. e. combative, handcuffed, etc.). H. After the property has been bagged and documented the officer will maintain possession of the property until it is returned to the detainee when released from the PD or the property is turned over to an officer who will transport the detainee to the appropriate facility. 1. When the detainee is transferred to another agency, the property will be turned over to the transporting/receiving officer, who will verify that all property was turned over to the transporting officer. 2. If there are any discrepancies the officer will notify supervisor immediately. I. The officer will inspect the cell for contraband prior to placing the detainee in the cell and will document the inspection on his daily log. 1. The officer will reinspect the holding cell for contraband each time the person is removed for any reason i.e. fingerprinting. J. The officer will be responsible for continuously supervising the detainee while outside the holding cell at all times. 1. An officer will remain in the immediate area of prisoner holding area while a detainee is in the cell(s). 2. When detainees are in the holding cells, the officer must visually check on their well being at intervals of no more than fifteen (15) minutes. 3. When the detainee is of the opposite gender than the officer and no officer of the same gender is present, the officer may continue to monitor the detainee. a. If the detainee of the opposite gender than the observing officer engages in any lewd, immoral, or any other objectionable behavior, the officer will notify the supervisor and also request that an officer of the same gender of the detainee, if available, be sent to continue to observe or otherwise assist with any procedures that are deemed necessary to control the detainee. b. If no officer of the same gender as Page 2 of 5 GULF STREAM POLICE DEPARTMENT -Prisoner Holding Area SOP # 30.01 the prisoner is available, a back up officer will respond to the holding cell area to monitor and assist the observing officer. 4. Detainees will not be secured to any immovable objects within the holding cell. K. Any strip searches will be conducted in accordance with F.S.S. 901.211. Having the arrested person remove or rearrange some or all of his or her clothing so as to permit visual or manual inspection of the genitals, buttocks, breasts in the case of a female, or undergarments of such person is considered a strip search. A supervisor must give written authorization prior to performing a strip search. L. Every effort will be made to release or transport the detainees as soon as possible and under no circumstances will they be held longer than six (6) hours. M. If the detainee becomes injured, ill or requests medical treatment, treatment will be provided promptly. 1. Dispatch will notify Fire/Rescue when advised a detainee is in need of medical treatment. N. When a detainee requests to use the restroom facilities, the officer will direct them to the restroom facility in the holding cell. V. JUVENILES IN SECURE CUSTODY: A. All procedures applicable to adult detainees apply with the additional requirements as follows: 1. Juveniles are to be held separate from the adult detainees and no more than brief, inadvertent or accidental sight or sound contact between the juvenile and adult detainees is permitted. Officers must also ensure that detainees of opposite genders are held under the same conditions. 2. A juvenile in custody who is not under arrest for a criminal violation of any Florida State Statute (i.e., runaway, truant, ungovernable behavior) will NOT be placed into secure custody. 3. Juveniles will be fingerprinted and photographed when they are arrested for any felony and the following misdemeanors: a. assault, b. battery, c. carrying a concealed weapon, d. child abuse, e. open carrying of a weapon, f. exposure of sexual organs, g. cruelty to animals, and h. arson. 4. When a juvenile is transported to Juvenile Assessment Center (JAC), the juvenile will be processed by the JAC staff and does not have to be booked at the PD. 5. When a juvenile is arrested for any crime that, if committed by an adult, would be a felony or the crime involves the use of violence, the officer will notify the School Board Police at (561) 434-8700 and the notification will be documented in the offense report. VI. SECURITY AND CONTROL: A. The holding cells doors will remain locked while detainees are in custody and unattended. B. Police officers will secure their detainees as soon as practical in a holding cell. Detainees should remain in those holding cells until released or transported to the appropriate facility. 1. Detainees removed from the holding cell for any reason will remain under continuous supervision of a police officer. C. It is the responsibility of the arresting officer to ensure the holding cell is searched for weapons, contraband and damaged equipment before and after each detainee is secured inside or removed from the holding cell. D. Alarm systems in the holding area. 1. No police officer is permitted to be in the prisoner holding area without an operational two-way police radio, when detainees are present. 2. When notified that an officer needs assistance in the holding cell area, dispatch will immediately summon assistance and notify the supervisor. E. When it becomes necessary for an officer to enter a holding cell occupied by a detainee, Page 3 of 5 GULF STREAM POLICE DEPARTMENT -Prisoner Holding Area SOP # 30.01 such as when a detainee is unconscious or attempting to injure him/herself or others: 1. The officer will notify dispatch and request back up and/or Fire/Rescue. a. The officer will wait for back-up unless immediate action is necessary to ensure the safety of the detainee or others. 2. The officer will secure a violent prisoner so he or she cannot further injure himself, herself or others. 3. Medical treatment will be provided if necessary. 4. The officer will notify the supervisor F. If a detainee is in custody for an act of violence or is under the influence of alcohol or drugs additional restraint devices may be used to prevent injury to the detainee or members. 1. The additional restraint devices may include transport waist belt. 2. The use of additional restraint devices will be detailed in the narrative section of the narrative report. G. If a detainee is in custody for a self- destructive act, has a past history of self- destructive acts in PALMS or the detainee threatens self-destructive acts, additional restraint devices will be applied to prevent injury to the detainee. 1. The additional restraint devices may include transport waist belts. 2. The use of additional restraint devices will be detailed in the narrative section of the narrative report. H. Detainees who are violent, self-destructive or under the influence of alcohol or drugs should be held separately from other detainees, if possible. I. Should an arrestee escape from the prisoner processing/temporary holding area: 1. The Officer will: a. Notify dispatch of the escape. b. Take pursuit and/or set up a perimeter provided there are no other prisoners in the processing area or, c. Remain in the holding facility to ensure any remaining prisoners do not escape. 2. Dispatch will: a. Sound the alert tone, b. Advise patrol units of the circumstances, and c. Notify the supervisor. 3. The supervisor will, as circumstances dictate: a. Establish a perimeter, b. Initiate and supervise the search, c. Request additional unit(s) from other agencies i.e. K-9, aircraft, as needed, d. Set up a command post, e. Secure from the alert after the situation has ended, and f. Document and/or critique the incident. J. When prisoners are present in the holding area, the following personnel are permitted in the prisoner holding area: 1. Sworn officers, 2. Fire/Rescue personnel who have responded to a medical call in the facility. K. When prisoners are present in the holding area, the following persons ARE NOT permitted in the prisoner holding area: 1. Building maintenance staff, 2. Citizen ride -along, 3. Attorneys, and 4. Visitors. Page 4 of 5 GULF STREAM POLICE DEPARTMENT -Prisoner Holding Area SOP # 30.01 L. If it necessary for a prisoner to place a telephone call, the prisoner will remain under constant supervision of a police officer while using the telephone. M. If it necessary for a prisoner to be fed during detention, the prisoner will remain under constant supervision of a police officer while being fed and the prisoner will be re -searched and all utensils will be accounted for by the police officer supervising the prisoners prior to being placed back in the holding cell. N. If it becomes necessary for a prisoner to meet with a person not authorized in the holding area, ie. family member, the prisoner will be removed from the holding cell area and the prisoner will remain under constant supervision of a police officer while out of the holding cell. VII. EMERGENCY EXIT: A. In the event of an emergency situation (major fire or other disaster) in or threatening the prisoner holding area, officers should rearm themselves and ensure all detainees are secured with handcuffs and/or leg chains and remove them from the holding cells. B. officers will remove the detainees via the back door or other exit door and secure them in a police vehicle. C. Officers will bear in mind that during the evacuation process, sight and sound contact between adults and juveniles and males and females will be kept to a minimum. VIII. TRAINING: YA emergency exits, fire suppression equipment, location and the use of additional restraint devices. A. New officer(s) will receive training on the use SOP # 2.03 Arrest Procedures. and operation of the prisoner holding area SOP # 29.01 Arrestee Transportation. during the Field Training Program and will be SOP # 36.01 Property and Evidence documented in the trainee's Daily Observation Management. Reports. F.S.S. 901.211 Strip searches of persons arrested; body cavity search 1. Training will include holding cell areas, Original issue: 07/01/07 Garrett J. Ward, Chief of Police Pace 5 of 5 GULF STREAM POLICE DEPARTMENT-Prisoner Holding Area SOP # 30.01 Page 6 of 5 GULF STREAM POLICE DEPARTMENT -Prisoner Holding Area SOP # 30.01 Page 7 of 5 GULF STREAM POLICE DEPARTMENT -Communications SOP # 33.01 COMMUNICATIONS EFFECTIVE: NOT USED AT THIS TIME I. POLICY: The basic function of dispatch is to receive, screen, and prioritize calls for service and to subsequently dispatch the appropriate response in an efficient and coordinated manner. Telephone communications provide the necessary link between citizen requests for service and the appropriate police, fire and/or rescue units. The dispatch center receives emergency and non -emergency calls for service. Radio communication is the primary means used by dispatchers to relay information to police. Communications by radio will be in accordance with procedures and regulations established by the Federal Communications Commission (FCC). II. LIMITED ACCESS TO THE DISPATCH OPERATIONS CENTER: A. Access to dispatch is limited to the following personnel: 1. Dispatch personnel on duty. 2. Supervisory personnel on official business. 3. Maintenance and service personnel. 4. The Chief of Police and Administrative Services staff on official business. 5. Those other persons on official business upon approval of the supervisor. B. Protection of Personnel and Equipment: 1. The dispatch center is located in an inaccessible area to the general public. 2. Transmission lines, antennas, and power sources are protected by limiting access to areas where they are housed. 3. Alternate power source are by a diesel electric generator in the event of an electrical failure. 4. Alternative (back-up) dispatch facilities and equipment can be relocated to another site (i.e. EOC adjacent to dispatch, detective bureau). a. When catastrophic emergency conditions require abandoning the dispatch center, essential functions and equipment will be transferred to an alternative site as determined by the Chief of Police or designee. b. Portable radio(s), a secondary FCIC computer terminal, and telephones should be available during the emergency conditions. 5. Entrances to the dispatch center are controlled by a locking door which should remain closed. III. RECORDING OF TELEPHONE AND RADIO TRANSMISSIONS: A. All emergency and non -emergency telephone conversations and radio transmissions routed through, from, or into the dispatch center are recorded, with the exception of administrative lines and Nextel transmissions. B. Two (2) separate recordings, on a digital audio tape (DAT) and a hard drive, are made simultaneously. 1. The DAT is designated the "master tape. 2. The hard drive is designated the "working tape." C. The DAT is checked by dispatch personnel at the beginning of each shift and changed as necessary. Unless otherwise requested, these tapes may be reused after sixty (60) days. 1. The recording equipment sounds an alarm to notify dispatch personnel when the DAT has approximately one (1) hour recording time left. D. Emergency requests to review recorded radio transmissions or telephone conversations will be granted by the dispatcher when the request meets one of the following criteria: 1. The request is made by a supervisor. 2. The request is related to an active criminal or internal investigation. E. Routine requests for recorded radio transmissions or telephone conversations will be in writing, routed through the Chief of Police 1. All requests will be handled in accordance with applicable public records Page 1 of 7 STREAM POLICE DEPARTMENT -Communications laws. F. The radio consoles are equipped with recall devices for recording and immediate playback of telephone calls or radio transmissions. IV. 911 PHONE ACCESS: A. The department is a member of the E-911 emergency system which provides toll free emergency telephone access throughout the town. The dispatch center provides 24 hour telephone coverage of both the E-911 emergency system and non -emergency telephone lines. B. The 911 emergency number will be printed each year in the phone directories as the single number to call for emergency service. C. The 911 Emergency Phone System will only be used by members in an emergency. V. HANDLING MISDIRECTED CALLS: A. The dispatch center receives emergency calls for service. In the event a misdirected emergency call is received, the dispatcher will immediately use one of the following methods to redirect the calls: 1. Misdirected 911 calls will be transferred immediately by way of the direct transfer buttons or manually dialing the appropriate agency number. 2. In cases where it is evident the caller will not be able to wait or repeat critical information, the dispatcher will take the necessary information then personally and promptly relay it to the appropriate agency. 3. In the event a misdirected call on 911 is not an emergency, the caller will be provided and instructed to dial the appropriate number. 4. When a misdirected 911 call is verified by dispatch, the dispatcher will complete a Palm Beach County 9-1-1 Inquiry Form and send or fax the form to EMS/911 Management. VI. INFORMATION BY TELEPHONE: A. Dispatch personnel will elicit as much information as possible from complainants in RWW order to enhance the safety of the officer and assist in anticipating conditions to be encountered at the scene. B. Information to be obtained will include, but is not limited to: 1. Location of incident; 2. Type of incident; 3. Complainants name and address (if possible); 4. Time/date call received; 5. Time dispatched; 6. Time of officer arrival; 7. Time of officer completion/return to service; 8. Officer zone unit and/or radio I.D. number; and 9. Disposition or status of a report. D. Upon completion of the incident, all information will be stored in the Administrative Section. VII. ACCESS TO DEPARTMENT RESOURCES: A. Current address, phone number and other relevant off-duty contact information of every department member is immediately available to dispatch personnel. 1. Contact information will not be broadcast over any radio channel or given to anyone who is not a member of the department. 2. If an outside party requests emergency contact of a member, dispatch will notify the member of the request. B. Schedules are provided to dispatch personnel at the beginning of each shift, or as requested, by designated division personnel. 1. The on-call Supervisor and investigator is posted in dispatch. C. Dispatch personnel have immediate access to supervisor or other officer in charge at all times by issued police radio, cellular telephone, and/or pager. Page 2 of 7 GULF STREAM POLICE DEPARTMENT -Communications SOP # 33.01 VIII. PROCURING OUTSIDE ASSISTANCE: A. The dispatch center is equipped with a speed dialer capable of rapid connection with local emergency service agencies. The numbers of those agencies not on the speed dialers are available to the dispatcher on a list kept in the dispatch center. B. Agencies to be contacted by dispatch personnel for assistance include, but are not limited to; 1. Fire Department — Palm Beach County Fire/Rescue maintains it own dispatch for fire and EMS. Ambulances or other appropriate agencies are contacted as needed. 2. Wreckers - The town maintains a rotation list for local towing services. When a department member requests a wrecker, the rotation service will be called, unless otherwise specified and the reason stated. 3. Taxis - The dispatch center may be called upon to assist citizens in need of transportation for various reasons, i.e., intoxicated persons, stranded motorists, etc. The call taker will advise the citizen of available taxi service in the area and assist by calling, if necessary. 4. Lockouts - In the event of an emergency where someone is needed to assist with an entry, an officer will be dispatched and/or fire or other appropriate entities, such as a locksmith, may be notified. 5. Social Service Agencies - Request for social service agency assistance received over the phone will be handled by supplying the caller with the correct name and phone number of the agency best equipped to handle the caller's particular needs. Dispatch will notify social services agencies at an officer's request. 6. Hazardous Material - In the event department members encounter, or a call is received advising of a situation involving, hazardous material, an officer and Fire/Rescue will be dispatched. The supervising fire personnel at the scene of the hazardous material will analyze the circumstances and notify the appropriate hazardous material agency. Members will follow SOP for handling Hazmat incidents. 7. Public Utilities - In the event an emergency occurs involving damage or the malfunction of town owned or maintained equipment, dispatch will immediately notify the Public Works Department or the Utilities Department, as appropriate. If an incident occurs after normal business hours, dispatch personnel will notify the appropriate on-call person. 8. Aircraft/Helicopter- The department relies on outside agencies for aircraft/helicopter support and can be requested through dispatch as needed. IX. TACTICAL DISPATCHING PLANS: A. A Tactical Dispatch Plan is available to all police personnel in the policy and procedure manual (Appendix A). B. A copy of the Tactical Dispatch Plan will be available in the dispatch center. C. All dispatchers will be familiar with the Tactical Dispatch Plan. X. HANDLING CONTACT MESSAGES: A. Emergency messages: 1. Requests received by telephone in the dispatch center from other agencies to locate or notify next of kin will be confirmed by teletype message from the requesting agency. The dispatch personnel receiving the request will obtain the name and phone number of the person making the request. Dispatch will notify the supervisor who will determine the number of units to be dispatched. 2. Requests to other agencies will be handled by the investigating officer who will make the initial contact with the agency by telephone. After being notified by the investigating officer, dispatch personnel will send a confirmation teletype message. B. Non -emergency messages: 1. Non -emergency contact messages will be assigned to the appropriate zone unit. Non -emergency messages which do not include a specific location for the recipient will be handled by an "attempt to locate" Page 3 of 7 GULF STREAM POLICE DEPARTMENT -Communications SOP # 33.01 broadcast. 2. When received as a request from another agency, a teletype confirmation is required prior to the message being delivered. 3. The investigating officer may request dispatch personnel to make a non- emergency notification, i.e., officer on the scene of an accident. XI. OFFICER STATUS INDICATORS: A. Through the use of the dispatch log, an officer's change in status is recorded when notified by the officer or the officer is dispatched to an assignment. 1. When an officer arrives at a call for service or is in a situation where it is necessary to check on his or her well being, the dispatcher will do so in two minute intervals or less, depending on the circumstances of the call, from the last contact with the officer until he or she has cleared the scene. B. Dispatch personnel are responsible to maintain the dispatch log and enter any change of member's status. C. A record of radio transmissions are recorded on the digital recording system. Tapes are Original issue:3/1/2005 retained for a 60 day period unless a longer period is otherwise requested. XII. MAP OF SERVICE AREA: A. Zone and county maps are maintained in a notebook in the dispatch center for a quick, ready reference. XIII. ALTERNATE ELECTRICAL POWER SOURCE/BACK UP RESOURCES: A. The department has, as an alternate source of electrical power, a generator capable of producing sufficient electrical power to maintain continuous emergency communications. The emergency generator is secured within a separate building at the police complex. B. A generator test is conducted weekly by the Public Works Department under full load (total loss of power) conditions to ensure the generator's readiness. The generator test is logged. XIV. REFERENCE: • SOP # 18.19 Notification of Next of Kin. SOP # 33.02 Radio Identification and Procedure. FCC manual. Dispatch Training Manual Garrett J. Ward, Chief of Police Page 4 of 7 GULF STREAM POLICE DEPARTMENT -Communications SOP # 33.01 Appendix A TACTICAL DISPATCH PLAN This plan contains guidelines to be followed directing resources and obtaining information during crimes in progress, burglary and robbery alarms, and crimes having just occurred. These guidelines have been formulated as if all conditions were ideal. — Guidelines may be waived in order to ensure the safety of persons, property, officers or when prompt response is necessary for criminal apprehension. — Nothing herein should be construed to mean that a call will be held until the prescribed number of units are available, when inappropriate. — In cases of multiple unit response, one unit will be assigned as the primary unit and will be responsible for coordinating all other responding units. The primary unit may cancel back-up or request additional units at his or her discretion and depending on circumstances surrounding the call. — A silent panic and/or hold-up alarms: In addition to the guidelines in the chart that follow, these procedures should be followed: 1. It will be dispatchers responsibility to obtain the telephone number of the business or residence of the alarm. 2. When units are on scene, the dispatcher will call the business or residence in an attempt to speak with someone who can authenticate the alarm. 3. In the event the alarm is determined to be accidental, the dispatcher will instruct that person to step outside, after obtaining their name, clothing description, and door location he or she will exit. This information will immediately be given to officers. 4. If there is any doubt the alarm is accidental, officers will be advised immediately. 5. If the information received indicates a crime has or is occurring, the officers will be supplied with all available information. 6. If circumstances dictate, dispatch will notify the shift supervisor. ADDITIONAL INFORMATION A. Disturbance calls, fights, etc., require a minimum of two (2) units to be dispatched. Depending on the number of individuals involved, or circumstances surrounding the incident, additional units will be dispatched B. For Tactical Dispatch purposes, escaped prisoners (Signal 6), will be subjects who have escaped from the custody of a law enforcement officer or correctional confinement facility. This will not include escapee's from halfway houses, or other civilian detention facilities. C. For Tactical Dispatch purposes, mental cases (signal 20), will mean violent subjects only. D. Discretion will be used when dispatching units to a burglary in progress call. The number of units will be determined by the circumstances surrounding the call (i.e., size of building, time of day, etc.). E. During cases of bomb threats, found devices, or explosions, Fire/Rescue will be noted. The shift supervisor will determine if Palm Beach Sheriff's Office Bomb Squad will be notified. Page 5 of 7 GULF STREAM POLICE DEPARTMENT -Communications SOP # 33.01 F. SILENT ALARMS Under normal circumstances, no silent alarm response will be canceled. Upon receiving a request to cancel it will be necessary for a unit to respond and verify the cancellation G. AUDIBLE ALARMS Alarm companies will be considered a representative of their customer. Upon receiving a cancellation of any audible alarm from the alarm company, the call taker receiving the call will obtain the representative's company name and I.D. Upon receipt of valid information for cancellation the dispatcher will enter all documentation onto the case card and notify the appropriate officer of the cancellation. It is necessary for a unit to respond and verify the cancellation of an audible alarm by the property owner. When weather or uncontrollable circumstances, i.e. (power outages) cause alarms to be activated, it will be permissible to deviate from these guidelines at the discretion of the shift supervisor. Alarm companies will be advised to call the department back when/if the responder information is received. H. ROAD BLOCKS: The supervisor will be responsible for establishing road blocks. Dispatch will be responsible for maintaining communications between officers involved in the pursuit and the officers at the road block, for Tactical Dispatch purposes. The Town Emergency Operations Center (EOC) located at the Police Department, will be activated when so directed by the Town Manager, Chief of Police or other designee. Dispatch will make notifications of members or town personnel as requested (i.e. Town Hurricane Procedures). Dispatch will coordinate communications between the Emergency Operations Center, Police, Fire/Rescue, and outside agencies, as needed. Dispatch will designate one radio frequency for use by all units participating in the situation, assigning at least one dispatcher to this frequency. Notify command personnel as directed by the shift supervisor. Inform complainants that the department will only respond to calls involving immediate danger to life or property until the situation is under control. Dispatch will maintain a list of road closures, power outages, damaged property, and other necessary information. TACTICAL DISPATCH PLAN SIGNAL NUMBER PRECEDE NOTIFY NOTIFY FIRE DEPT ADDITION INFO OF UNITS W/ALERT SUPV. TONE Page 6 of 7 GULF STREAM POLICE DEPARTMENT -Communications SOP # 33.01 SIGNAL NUMBER OF UNITS PRECEDE W/ALERT TONE NOTIFY SUPV. NOTIFY FIRE DEPT ADDITION INFO 0 2 X A 6 2 X X B 10 IP 2 X X 20 2 C 21 IP 2 X X D 22 2 28 2 X X A 32 2 X X 33 2 X X X 34 2 X X X 35 2 X X 36 2 A 38 2 A 41/0 BUSINESS 2 X X 41/0 CARJACK 2 X X 46 2 X E 49 AUDIBLE 1 G 49 SILENT BUSINESS HOLD UP 2 X BUSINESS ONLY F 49 SILENT 2 F Page 7 of 7 GULF STREAM POLICE DEPARTMENT -Cellular Telephone Usage SOP # 33.02 CELLULAR TELEPHONE POLICY EFFECTIVE: 07/01/07 I. POLICY: A cellular telephone can be a tremendous time saving device when conducting operations or activities while in the field and benefit both the public and the department. When using any cellular telephone while on duty or engaged in any police related business, officers are required to conduct themselves in a professional manner. II. USE AND CONTROL OF DEPARTMENT ISSUED CELLULAR TELEPHONES: A. The Chief of Police will be the final authority in the authorization and use of cellular phones and associated billing records. 1. Any department member assigned a cellular phone is responsible for the use, care and control of the cellular telephone. 2. In the event of multiple users of a single cellular telephone, each member will be responsible during his or her tour of duty for use and care of the cellular telephone. 3. Any use of a cellular telephone should be relevant to department or town business. 4. If it becomes necessary to use a department issued cellular telephone for a personal call, the member will be responsible for reimbursing the department for the cost of the call(s) beyond the monthly number of minutes allocated to the Original issue: 07/01/07 telephone. C. The Chief of Police or a designee will review cellular telephone bills to determine if the use conforms to this directive. D. Cellular telephones will be used in conjunction with work assignment and the member's appropriate supervisor will handle any abuse of such use. III. PERSONALLY OWNED CELLULAR TELEPHONES: A. Department members may voluntarily carry personally owned telephones. B. The presence of the telephone must not impair the officer's job performance. C. Personal incoming and outgoing calls should be kept to a minimum. D. The department will not be responsible for any damage, loss or charges incurred to personally owned cellular telephones. E. Any abuse of such use will be handled by the member's appropriate supervisor. F. The Chief of Police will be the final authority in the authorization and use of personal cellular phones. IV. • SOP # 33.01 Communications • Cellular Telephone Usage Garrett J. Ward, Chief of Police Pace 1 of 1 GULF STREAM POLICE DEPARTMENT -Reverse 911 Broadcast Svstem SOP # 33.03 use of the Reverse 911 by submitting a Reverse REVERSE 911 BROADCAST SYSTEM E-911 Message Request (Appendix A) to the Chief of Police, who will coordinate the entry EFFECTIVE: NOT USED AT THIS TIME and broadcast of the system message. I. POLICY: The Reverse 911 -broadcast system delivers telephone messages via voice and will allow the department to create voice broadcast messages and direct them to pre -defined groups or to a specific geographical area. The primary use of this system is for emergency notifications related to the public safety. Secondary usage may be implemented for messages as non -emergency or routine messages. The department will post messages for other town departments after being approved by a division commander or designee. Non -emergency usage of the system for routine announcements and notifications shall be preempted in emergency situations. II. CATAGORIES OF MESSAGES: A. Urgent: Messages of extreme importance for the public health and safety and may include directives involving an imminent danger or a situation that is potentially dangerous. B. Important: Messages conveyed to the public or specific target groups concerning important public safety information that may or may not require action. C. Routine/public safety: Messages of a routine nature informing the recipients of public safety activities or CARE checks. D. Routine/other: Messages from Town departments informing the public of activities, available services, schedules and agendas. III. RESPONSIBILITY: The overall operations, maintenance and coordination of the Reverse 911 system will be the responsibility of the Chief of Police or designee. IV. INITIATING A SYSTEM MESSAGE A. Police department members may request a system message by submitting a Reverse E- 911 Message Request (Appendix A) to the Chief of Police for approval. 1.The Chief of Police will coordinate the entry and broadcast of the system message B. Other town departments may request the C. In situations where the incident or disaster is imminent and there is no time to secure higher approvals, the authority is delegated to the Shift Supervisor. D. The level for initiating a system message broadcast will be restricted to the personnel as outlined in Appendix B. V. SECURITY LEVELS: A. Security level for developing broadcast lists will be low, in order to allow for police communications or administration to enter names and telephone numbers of these groups. 1. The list must be approved by Chief of Police or a designee. B. Access to the system to troubleshoot technical problems will be restricted to the Chief of Police or a designee. VI. RESTRICTIONS ON DAYS & TIMES OF MESSAGEING: In order to prevent a negative impact or perception on the part of residents receiving calls from the Reverse 911 system, the system shall be programmed to operate between the hours of 9:00 a.m. and 8:00 p.m. seven days a week. For urgent, time sensitive messages, the member authorized to initiate the call -out will determine the hours of notification on a case by case basis. VII. SYSTEM MAINTENANCE: Chief of Police or designee will perform maintenance as needed or directed or will call for on-site assistance as indicated in the maintenance agreement with Reverse 911. The Chief of Police or designee will be responsible for updating the following as needed or annually as part of system maintenance: A. Address Maintenance B. Geo -Zone Maintenance C. List Maintenance including grouping individuals together D. Outbound Calling to include message updates In addition, the Chief of Police or designee will be responsible to oversee the gathering and entering of Page 1 of 4 GULF STREAM POLICE DEPARTMENT -Reverse 911 Broadcast System SOP # 33.03 Town of Gulf Stream Emergency Contact Information that is received by the Finance Department as part of their daily course of business. VIII. TRAINING: The Chief of Police or designee will conduct training for members authorized to use the Reverse 911 system. IX. ANNUAL TEST OF SYSTEM: In the event that the system has not been used for messages, the Chief of Police or designee will be responsible to test the Reverse 911 System monthly to assure it is working properly. In addition, the Chief of Police will annually certify that designated personnel are able to operate the system. IV. REFERENCE: SOP # 17.21 CARE SOP# 2101 Hurricane Preparedness • SOP # 21.02 Unusual Occurrences. Original issue: 3/1/2005 Garrett J. Ward, Chief of Police Page 2 of 4 GULF STREAM POLICE DEPARTMENT -Reverse 911 Broadcast System SOP # 33.03 APPENDIX A Town of Gulf Stream Reverse E-911 Message Request Check one of the following: _Urgent _Important —Routine/Public Safety Routine/Other Department Requesting: Authorized By. Type of Message: (ie. evacuation, crime alert, public announcement) Geographic Area or Target Group(s) Attach or write text of message to be sent: Approved by PD: System Operator: Date/Time Call Initiated: Date(Time Call Terminated The hours for normal program messages are 9:00 am to 8:00 pm. GULF STREAM POLICE DEPARTMENT -Reverse 911 Broadcast System SOP # 33.03 APPENDIX B GULF STREAM POLICE DEPARTMENT -Records Function SOP # 34.01 RECORDS FUNCTIONS EFFECTIVE: 07/01107 I. POLICY: The Chief of Police or Designee is responsible for the maintenance, control and retrieval of the department's criminal, civil records and fiscal control records. After being reviewed for accuracy and completeness, reports are analyzed for statistical information necessary for submitting both State and Federal Uniform Crime Reports (UCR). II. DEFINITIONS: A. Public Records - All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data, processing software, or other material, regardless of physical form, characteristic, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. III. FUNCTIONS: A. The Chief of Police or Designee maintains all offense/incident reports, supplementary reports, crash reports, citations, parking tickets, and other duties. B. The Chief of Police or Designee provides citizen(s) information, records duplication and release, and the handling of general information. C. The Chief of Police or Designee is responsible for the following: 1. Preparing departmental payroll, preparing departmental purchase requests and includes the maintenance of accounts and records for fiscal management and control for the department. 2. Responsible for coding and disseminating criminal and non -criminal reports for compiling statistics for the Uniform Crime Report (UCR). This section maintains a centralized records system for information storage and retrieval. Paper records include, but are not limited to, offense reports, traffic crash reports and citations. IV. RECORDS RESPONSIBILITY: A. Records will be released through court order, subpoena, or applicable public records law. B. The Chief of Police or Designee is responsible for the collection, retention and dissemination of all police records produced by this department. 1. The Chief of Police or designee is responsible for the collection, retention and dissemination of all internal affairs records. 2. The Chief of Police is responsible for collection, maintenance, and dissemination of the master personnel records of all department members. C. Report Accountability: 1. All police reports must be completed and submitted to a supervisor for review of accuracy and completeness within 12 hours of occurrence unless otherwise authorized by supervisor. a. The supervisor will review and sign the report indicating approval. b. Reports needing correction(s) by the report taker will be corrected no later than the end of the report taker's next shift unless otherwise authorized by the supervisor. 2. The Chief of Police or Designee reviews all submitted reports for verification of case number against report, coding and computer entry. Statistical information for the Uniform Crime Reports (UCR) is recorded. 3. The Chief of Police or Designee tracks missing case reports. a. A Supervisor will notify the member when case reports are missing. b. The supervisor will be responsible to have missing reports completed. D. Records maintenance: 1. The department maintains a database of all reported incidents, arrests, and traffic crash reports. Page 1 of 5 GULF STREAM POLICE DEPARTMENT -Records Function SOP # 34.01 2. The original hard copy of current and previous years offense, arrest, and traffic crash reports are then filed by sequential year. a. Traffic crash reports are filed separately from criminal and non- criminal reports. 3. All reports and records will be maintained in accordance with applicable State and Federal laws in order to provide security and authorized access. E. Records retrieval: 1. The general public can request copies of reports between 0800 to 1600 hours Monday through Friday, excluding town holidays. 2. Police department members can obtain copies of reports 24 hours a day. V. RECORDS RETENTION: A. All records will be retained and destroyed in accordance with Florida State Statute Chapter 119, the State of Florida General Records Schedule for Law Enforcement Agencies. B. The Chief of Police is designated as the primary custodian of records for the department. C. Any employee desiring to destroy records will contact Chief of Police, when applicable (State of Florida Records Destruction Request are not necessary in all cases). The Chief of Police or Designee will assure the required retention period has been met and will prepare or assist in preparing the appropriate State of Florida Records Destruction Request. The Chief of Police or Designee will forward the record destruction request to the Town Clerk for submission to Florida Department of State, Bureau of Archives and Records Management. D. All records will be retained for at least the minimum retention period required by the State of Florida General Records Schedule for Law Enforcement Agencies. Administrative Services will be the department authority for determining which records may be destroyed once the minimum retention requirements have been met. VI. DISTRIBUTION OF RECORDS: A. Distribution of records within the agency: 1. The original copies of offense report's will be filed. 2. The investigator will receive a copy of the offense report for follow up, if necessary. 3. Traffic crash reports are sent to a supervisor. Copies are then forwarded to the Department of Highway Safety and Motor Vehicles in Tallahassee. B. Distribution of reports outside the agency: 1. When arrests are made, copies of case reports are prepared, along with Probable Cause Affidavits, and filed by the individual officer with the State Attorney's Office. 2. Copies of reports and Probable Cause Affidavits involving juvenile arrests are forwarded to the Juvenile Division of the State Attorney's Office. 3. Town work orders indicating a need for maintenance, repairs, or inspections are forwarded to other town departments (e.g., Building and Zoning, Public Works, etc.) as needed. 4. Copies of case reports will be released per applicable public records law, subject to fees where authorized by Florida State Statutes. However, the names or identities of individuals protected by law, such as child abuse victims, sexual battery victims, juveniles arrested and home addresses and phone numbers of law enforcement officers will be eliminated from such copies, unless prohibited by Florida State Statute. a. Public requests for copies of records may be submitted to Administrative Services in person, by telephone, or by mail during normal business hours. b. A maximum of 50 pages will be duplicated per any one duplicating job. Requests for more than 50 pages will be made to The Chief of Police for completion to reduce disruption of normal workflow. VII. PRIVACY, SECURITY AND CONTROL OF RECORDS: Page 2 of 5 GULF STREAM POLICE DEPARTMENT -Records Function SOP # 34.01 A. Access to Records: 1. Access to the Administrative Services section is limited to members assigned to Administrative Services and authorized members who need access to conduct business, during normal business hours. 2. During normal business hours, routine public requests for records, copies of reports, and record checks may be made at the Police Department or by telephone. 3. Information stored in computerized files is available at all times to authorized users based upon their security access level. Such access to computerized records is for departmental use only. B. Release and Review of Records: 1. The Chief of Police or designee will be the departmental authority regarding the release and review of department records, excluding Internal Affairs records, to persons other than employees or criminal justice personnel, subject to all applicable law. 2. All original records will remain under control of The Chief of Police unless otherwise directed by court order or for disposal pursuant to the Florida Public Records Law. 3. Public dissemination of the information contained in computerized or paper records will be by The Chief of Police or Designee and subject to all limitations and conditions placed upon electronic or paper records by this procedure or applicable law. C. Criminal Records: 1. The Chief of Police or a designee are the only persons authorized to release criminal records unless specifically designated otherwise in the written procedures of this department. 2. Criminal history records may be released to criminal justice personnel, appropriate school personnel, and/or Department of Children and Families personnel directly responsible for child protective investigations and emergency child placement on an as -needed basis provided a log is maintained showing what records are released and to whom. 3. All inquiries from non -criminal justice persons for release of criminal history records will be referred to the Chief of Police or Designee unless otherwise specifically designated in written procedures of this department. D. Non -Criminal Records: 1. Only the Chief of Police or a designee may release or allow review of non -criminal records unless otherwise designated in the written procedures of this department. 2. The personnel records for members are maintained by the Chief of Police. Any request from a nonmember will be referred to the Chief. However, if the request is made specifically for police department records, the records will be provided. 3. Any member allowing the visual review of any records will assure compliance with appropriate laws governing the right to privacy and public records access. Such members will assure the return of all reviewed records to their storage location. VIII. JUVENILE RECORDS: A. All juvenile arrest records will be marked "JUVENILE." B. All juvenile fingerprint cards and photographs will be maintained in a secure file. Juvenile fingerprint cards and photographs will be kept separate from adult fingerprint cards and identification records. C. The juvenile files may be viewed or released on a "need to know basis" by other law enforcement agencies, state attorneys, the courts, the child, the child's parents or legal custodians, the child's attorney(s), or any other person authorized by law or court order to have access to such records. D. Juvenile files are not public records and may only be opened to inspection by others subject to Florida State Statutes. E. Juvenile files will be produced in court whenever directed by the court. Page 3 of 5 STREAM POLICE DEPARTMENT -Records Function F. Photographs of a juvenile may be shown by a law enforcement officer to a victim or witness of a crime for the purpose of identifying the person who committed such crime. G. Juvenile arrest records will be purged in accordance with Florida State Statutes or when the court has ordered expungement. H. Officers will obtain consent from any juvenile who is to be photographed, fingerprinted, or have other forms of identification collected for purposes of "RECORD ONLY" processing. If a juvenile is processed for "RECORD ONLY", the same procedure will be followed as if the juvenile had been taken into custody for a non- felony violation of the law. 1. Fingerprints will not be forwarded to the Juvenile Court or F.D.L.E. 2. Reasonable attempts should be made by the officer to notify the parent(s) or guardian(s) of the juvenile of any "RECORD ONLY" processing and the purpose of the processing. 3. A Juvenile Affidavit will be completed and marked "RECORD ONLY". Include the appropriate case reference which resulted in the need for the processing. I. Juvenile traffic violator records will be maintained and open to inspection in the same manner as an adult traffic violator's record. J. The records related to juveniles detained for truancy will be maintained by the Truancy Interdiction Program (TIP). IX. FCIC/NCIC CRIMINAL HISTORY: A. The department will adhere to all FCIC/NCIC regulations regarding the receipt, dissemination, security of information, and the destruction of FCIC/NCIC documents. B. The department will maintain a log of any dissemination of state or federal criminal history information. This record will reflect: 1. The date of release; 6Y�7�l�i�Tl 2. To whom the information relates; 3. To whom the information was released; 4. The State Identification Number (SID) and/or the FBI number(s); and 5. The purpose for which the information was released. C. All records pertaining to FCIC/NCIC will be disposed of according to the Florida Department of State General Schedule for Law Enforcement Records. X. TRAFFIC RECORDS SYSTEM: A. The Chief of Police or designee may identify areas where there is a high occurrence of accidents by use of crash reports and statistical data from crash reports. B. The Chief of Police or designee may analyze the data from the issuance of citations in the high crash areas to determine if the cause may be enforcement or engineering design related. C. Should the study indicate that a high crash rate could be reduced by a directed patrol effort, a directed patrol will be initiated to address the problem. fU • SOP # 22.01 Traffic Warnings, Citations, and Arrests. • Florida Department of State General Schedule for Law Enforcement Records. • Rules of the Florida Department of Law Enforcement Chapter 11 C-6. • F.S.S. Chapter 39, Part II Dependency cases. • F.S.S. Chapter 119 Public Records. • F.S.S. Chapter 415 Protection from abuse, neglect, and exploitation. • F.S.S. 415.5018 District authority and responsibility. • F.S.S. 943.0525 Criminal justice information systems; use by state and local agencies. • F.S.S. 943.053 Dissemination of criminal justice Original Issue: 07/01/07 Garrett J. Ward, Chief of Police Page 4 of 5 GULF STREAM POLICE DEPARTMENT -Records Function SOP # 34.01 information. F.S.S. Chapter 985 Delinquency; interstate compact on juveniles. F.S.S. 985.04 Oath; records; confidential information. Page 5 of 5 RECORDS FUNCTIONS SOP # 34.01 Appendix A After Hours Report Access Copied DATE CASE NO. REPORT TYPE NAME & ID No. (�) Not used at this time E.A. Appendix B Page 6 of 5 GULF STREAM POLICE INFORMATION SYSTEM, E-MAIL & INTERNET USEAGE EFFECTIVE: 07/01/07 I. POLICY: The department has established guidelines for members on the proper use of computers and related electronic messaging systems utilized in this department for purposes of disseminating electronic mail, utilizing services of the Internet and related electronic message transmission, recording and storage devices. No member will have any expectation of privacy with regards to any information on the computer systems. A. Information Systems (IS): information systems include departmental and personal computers, electronic mail systems, voice mail systems, paging systems, electronic bulletin boards and Internet services, and facsimile transmissions. B. Application Password - A password that a user may assign within an application that prohibits other users from opening the secured application. C. Hardware - Computer components including, but are not limited to, processor, keyboard, monitor, printer, mouse, cables, connectors, adapters, telephones, and any other device attached to any component. D. Network - System of connected devices (computers, printers, etc.) which communicate and share services. E. Network Password - A code usually consisting of alpha and numeric characters that a user utilizes to gain access to a network. F. Personal Computer (PC) - A stand-alone computer system. G. Personally Owned Laptop - A laptop computer owned by the member and authorized to use for department business. H. Software - Any removable magnetic media, floppy disk (diskette), tape, or program that resides on or can be copied to removable magnetic media for use in or written in a computer readable language. I. System Administrator - The individual responsible for operating and maintaining the department's computer network system. G. Workstation - Desktop or Laptop computer that is connected to the network. Workstations give the user access to network services. III. PROCEDURES: A. Transmission of electronic messages and information on communications media provided for members of this department shall be treated with the same degree of propriety, professionalism, and confidentiality as official written correspondence or public records. B. This department encourages authorized and trained personnel with access to IS to utilize these devices whenever necessary. However, all these devices are the property of the Town of Gulf Stream and use of any of these devices is a privilege that is subject to revocation. C. IS and their contents are the property of this department and intended for use in conducting official business with limited exceptions as discussed elsewhere in this procedure. D. Members are advised that they do not maintain any right to privacy in IS equipment or its contents, to include personally owned software (if approved). 1. The department reserves the right to access any of the records within the system at any time and to retain or dispose of those records as it deems necessary and appropriate, and may require members to provide passwords to files that have been encrypted or password protected. 2. The department reserves the right to access, for quality control purposes and/or for violations of department policy, data, electronic and voice transmissions of members conducting business of this department. E. Accessing or transmitting materials (other than that required for police business) that involves the use of obscene language, images, jokes, sexually explicit materials, or messages that disparage the department, any person, group, or classification of individuals is prohibited whether or not a recipient has consented to or requested such material. 1. Officers involved in criminal Page 1 of 4 GULF STREAM POLICE DEPARTMENT -Information Systems, E -Mail $ Internet Usage SOP # 34.02 investigations that involve computer crime(s) may be required to receive, copy or download sexually explicit material while in the official performance of their duties. F. Confidential, proprietary, or sensitive information may be disseminated (or made available through shared directories or networked systems) only to individuals with a need and a right to know and when there is sufficient assurance that appropriate security of such information will be maintained. Such information includes but is not limited to the following: 1. Transmittal of personnel information, such as salary, performance reviews, complaints, grievances, misconduct, disciplinary information, medical records, or related employee information. 2. Criminal history information and confidential informant master files, identification files, or related information. 3. Intelligence files and information containing sensitive tactical and undercover information. G. No member shall access or allow others to access any file or database unless that person has a need and a right to such information. Additionally, personal identification and access codes shall not be revealed to any unauthorized source. H. Information systems are intended to conduct business of this department and are restricted to that purpose. Exceptions to business use include the following: 1. Infrequent personal use of these devices may be permissible if limited in scope and frequency. The use must be in conformance with other elements of this order, and not connected with a profit-making business enterprise or the promotion of any product, service, or cause that has not received prior approval from the Chief of Police. 2. Members may make off-duty personal use of agency computers for professional and career development purposes when in keeping with other provisions of this policy and with prior knowledge of an appropriate supervisor. IV. IMPORTING/DOWNLOADING INFORMATION AND SOFTWARE: A. Members shall not download or install on department computers, or network terminal any software, or other materials from the Internet or other external sources without consent of the Chief of Police and taking prescribed steps to preclude infection by computer viruses. 1. Material shall be downloaded to floppy drives and scanned for viruses prior to being entered into any personal or shared system. 2. In no case shall external materials or applications be downloaded directly to any shared (network) drive. When in doubt, members shall consult the system administrator for guidance. B. Members shall observe the copyright and licensing restrictions of all software applications and shall not copy software from internal or external sources unless legally authorized. 1. Any software for which proof of licensing (original disks, original manuals and/or license) cannot be provided is subject to removal by authorized agency personnel. 2. Privately owned software may not be loaded on agency computers without approval of the system administrator or Chief of Police. C. Members shall observe copyright restrictions of any documents, images, or sounds sent through or stored on electronic mail. D. Any hardware enhancements or additions to agency -owned equipment must be approved and authorized by the system administrator and Chief of Police. The system administrator is responsible for determining proper installation procedures. E. Members shall not permit unauthorized persons to use the department's records management, electronic mail or other computer systems. F. To avoid breaches of security, members should log off any personal computer that has access to the agency's computer network, electronic mail system, the Internet, or sensitive information whenever they leave their workstation. Page 2 of 4 GULF STREAM POLICE DEPARTMENT -Information Systems, E -Mail & Internet Usage SOP # 34.02 G. Any misuse of the IS may result in disciplinary action and/or termination. VII. V. USE OF PERSONAL LAPTOP COMPUTERS SOP # 34.01 Records FOR DEPARTMENT BUSINESS: A. The department may authorize the use of a personal laptop computer for member(s) to conduct official business. B. Before using a personally owned laptop computer, member(s) shall secure authorization from their supervisor and sign a waiver (Appendix A). C. Members will adhere to all laws, policies and procedures that apply to use of information systems, E-mail or Internet when personally owned laptops are used for department business. D. Members have no right to privacy when using a personal laptop computer for department business and the personal laptop may be inspected at anytime. VI. INTERNET INFORMATION CONCERNING THE DEPARTMENT: A. Creating a web site on the Internet that has any appearance of officially representing the Town of Gulf Stream, or the Gulf Stream Police Department is prohibited without the express approval of the Chief of Police. B. Using scanned images of any official department logo; patch, badge or department vehicle or equipment on personal web pages is prohibited without the express written approval of the Chief of Police. Original issue: 07/01/07 Garrett J. Ward, Chief of Police Pane 7 of 4 GULF STREAM POLICE DEPARTMENT -Information Systems, E -Mail & Internet Usage SOP # 34.02 Appendix A Gulf Stream Police Department Personal Laptop Agreement For the mutual convenience of me and the Town of Gulf Stream Police Department, I am requesting to use my personally owned laptop computer, described below, while on Town business. As a part of this agreement, I understand the following: 1.) The retention of any personal data or information in my personally owned laptop computer is at my own risk and the Town of Gulf Stream Police Department will not be responsible for any loss. 2.) My personally owned laptop computer, described below, is subject to entry, search, and inspection by the department without further notice. 3.) Any privately owned property contained in my personally owned laptop computer may be opened and examined without further notice or without my permission. Therefore, I have no expectation of privacy when using my personally owned laptop computer for town or department business. 4.) The policy and procedures that apply to department information systems and computer equipment, including all laws, policies and procedures apply to my personally owned laptop computer when I use it for department business. 5.) 1 understand that the department is not responsible for any maintenance on my personally owned laptop computer while I am using it for department business. 6.) The department is not responsible for any loss I may incur as a result of using my personally owned laptop computer for department business. 7.) A current backup disk file will be maintained of all departmental business and accessible to my supervisor 8.) Either party may terminate this agreement at any time. Computer Description: Computer Brand: Computer Serial Number: Member Signature: Supervisor Signature: Date : Date: Page 4 of 4 GULF STREAM POLICE DEPARTMENT -Citizen Opinion Surveys SOP # 34.03 CITIZEN OPINIOIN SURVEYS EFFECTIVE: Not Used AT This Time E.A. I. POLICY: The department encourages its members to provide quality service to the community we serve. To evaluate the quality of the services being provided by the department, to address concerns of the community, to recognize areas in need of training or improvement and to develop individual and departmental success, the department will send out opinion survey questionnaires to citizens within our community. Administrative Services, at random and will mail a Citizen Opinion Survey (Appendix A) along with a stamped, self-addressed return envelope. These cases, will be sent to either the victim, the suspect, or the arrested. A. Upon return, the completed Citizen Opinion Survey will be reviewed for the purpose of evaluating the quality of service. 1. Data will be compiled monthly by Administrative Services and the results will Original issue: 3/1/2005 be forwarded to the Chief of Police in a report format for review. 2. Areas of concern from the community will be evaluated by Chief of Police or designee for validity. a. Areas of concern that are valid will be addressed by staff for appropriate action or enforcement activity. 3. Member's strong points, when dealing with citizens, will be identified and brought to the member's attention. 4. Member's weak points, when dealing with citizens, will be identified and brought to the member's attention. 5. Areas where additional training is identified will be forwarded to the Support Services Commander for training development and/or presentation. III. REFERNCE: • SOP# 34.01 Records Garrett J. Ward, Chief of Police Page 1 of 3 LANTANA POLICE DEPARTMENT -Citizen Opinion Survey SOP # 34.03 Appendix A Page 2 of 3 GULF STREAM POLICE DEPARTMENT -Citizen Opinion Surveys SOP # 34.03 Page 3 of 3 GULF STREAM POLICE DEPARTMENT -Field Reporting SOP # 34.04 FIELD REPORTING EFFECTIVE: 07/01/07 I. POLICY: The department has established guidelines for field reporting as they relate to the completion, submission, numbering, review and distribution of police records and activity that is initiated or generated by members. II.PROCEDURES A. Field reporting system is used to document law enforcement and/or police service activity. 1. The primary way to communicate with members and document activity is by radio dispatch utilizing a computer aided dispatch system (CAD). a. Whenever a road patrol officer has a change in duty status, initiates any law enforcement related or police service activity and/or contacts suspicious vehicle(s) or person(s), the member will notify dispatch as soon as practical so the activity can be documented and a CAD Incident Number is generated. 2. The Uniform Crime Report (UCR) is used to document criminal complaints or occurrences. a. The Offense/Incident, Narrative Continuation, Property Continuation, Illegal Document Report and Vehicle Report are used for extended narrative or description reporting. 3. The Non -Crime Report is used to document non -criminal incidents requiring a case number and narrative documentation (ie. civil matters, code violations, disturbances not involving a crime). a.CAD Incident Numbers are used for police service not requiring detailed narrative reporting for non- criminal or police service incidents. 4. Traffic Crash Reports are used in accordance with current Florida Division of Highway Safety and Motor Vehicles guidelines for crash reporting procedures. 5. Property/Evidence Card and/or a Property Receipt are used to record property and/or evidence that is recovered by members. a. Members will make a reasonable effort to identify and notify owner(s) of any property recovered and will document this effort in the narrative section of the report. 6. Other report forms will be completed in accordance with department policy and procedure as required. B. Every incident in one or more of the following categories, if alleged to have occurred within the jurisdiction of the Gulf Stream Police Department, will be reported: 1. Citizen reports of crime. 2. Citizen complaints. 3. Citizen requests for services. 4. Officer initiated criminal/law enforcement activity or police service nature. C. Appropriate reporting of the incidents will be determined by the nature of the incident, the action taken, and the results realized. D. Computer Aided Dispatch (CAD) Incident Number 1. When a call is received by dispatch, or an officer advises dispatch that a call is being initiated, dispatch will initiate a CAD Incident, Number which will contain the following information, if available, when completed: a. type of incident b. location c. complainant's name d. address e. telephone number f. officer(s) assigned g. back up officer(s) assigned h. dispatcher i. remarks (includes disposition) J . how the call was received (phone, radio, Page 1 of 2 GULF STREAM POLICE DEPARTMENT -Field Reporting SOP # 34.04 in-person, TTY, other) k. case number (if case number is issued for activity) I. call times (received, dispatched, arrived and completed) E. Case report numbering system 1. The department employs a case report numbering system for all incidents that require the completion of a written report by the member assigned to the incident. 2. Case numbers are requested by the assigned member and generated in the dispatch center. 3. Case numbers are assigned in sequential order on a first case, first assignment basis and each number issued is unique to the incident and there is never any incident or case report number repeated at anytime. F. Report review process 1. Every written report completed by a member of the department will be submitted and reviewed by a supervisor. a. All reports are must be submitted and completed by th end of shift unless otherwise approved by a supervisor. 2. The reviewing supervisor will indicate approval of the document by placing their initials in the appropriate location on the face of the document. Original issue: 07/01/07 3. All written reports submitted will be carefully reviewed by the supervisor and checked for such things as, but not limited to, the following: a. Crime elements are detailed. b. Criminal procedures are documented. c. Departmental procedures are adhered to. d. Completeness. e. Clarity. f. Legibility. g. Grammar and spelling. 2. Reports not approved will be returned to the member for the required corrections and returned no later than the end of the report taker's next tour of duty unless approved prior by the supervisor. 3. All completed and approved reports are forwarded to Administrative Services for filing and data entry. III. REFERENCE: • 18.01 Criminal Investigations • 22.10 Traffic Crash Investigation • 33.14 Communications 34.01 Records Function • 36.01 Property & Evidence FDLE Uniform Offense and Arrest Report Manual FL DHSMV Uniform Traffic Crash Manual Garrett J. Ward, Chief of Police Page 2 of 2 GULF STREAM POLICE DEPARTMENT -Crime Scene Investigation and Evidence Collection SOP # 35.01 CRIME SCENE INVESTIGATION AND EVIDENCE COLLECTION EFFECTIVE: 07/01/07 I. POLICY: The department has established guidelines for crime scene investigation, evidence collection, record keeping, chain of custody and submission of evidence for laboratory analysis. II. DEFINITION A. Crime Scene - The location where the crime occurred or where indications of the crime exist. It encompasses the area where the crime was committed and any portion of the surrounding area which the suspect or victim passed over or through an route to or going away from the scene of the crime. B. Chain of Custody - The written record of all individuals who have maintained unbroken control and/or custody of evidence and property. III. COLLECTING AND MARKING PHYSICAL EVIDENCE: A. The first officer arriving at the scene of a crime will take immediate steps to protect and preserve the scene from contamination. The officer will request additional members to accomplish this task, if necessary. B. Members will preserve the condition of evidence during and after collection. 1. All nonessential persons, including police officers, will be cleared from the scene. Nonessential persons will not be allowed to enter the crime scene. 2. Appropriate personal protection equipment (i.e. glove, shoe covers, jump suits, eye protection, etc.) will be worn by members collecting evidence at a scene where blood and body fluids are present. a. Equipment will be changed when necessary to prevent cross - contamination of evidence. 3. Members will use a systematic approach while collecting evidence. 4. When possible and/or necessary, crime scenes will be video taped, photographed, measured, and sketched, before anything is moved. a. At major crime scenes, an item will be recorded noting the condition, location, date, time of collection, and who collected the item. C. Evidence will be collected concurrent with its discovery or as soon as possible thereafter to prevent contamination. D. Permanent and distinctive marks of identification will be placed directly on the item, (I. D. Numbers or initials) if it can be done without damage to the item or its evidentiary value. 1. If the item cannot or should not be marked for identification (hair, paint chips, stains, projectiles, items submitted for latent print processing, etc.) it will be placed and sealed in an appropriate container and the container's label and/or seal will be marked for identification. E. All members will collect and package evidentiary material so its original condition is maintained. Every effort will be made to collect and package as complete a sampling of evidentiary material as possible. 1. Similar items found at different locations at the crime scene will be placed in separate containers, to eliminate cross contamination. F. Evidence will be stored in secured custody as required by the Property and Evidence procedure. G. Evidence will be collected and submitted to the laboratory for analysis according to guidelines established in the F.D.L.E. Crime Laboratory Evidence Submission Manual or in conformance with the receiving agency's particular requirements. 1. All fluids will be packaged individually to prevent leakage and cross contamination during handling, storage, and transport. 2. The perishable samples will be preserved and delivered to the laboratory and/or refrigerated storage in a timely manner. H. Firearms: 1. Firearms - Before handling a firearm, the following should be noted: Position of the hammer, position of the slide mechanism (automatic), and position of the safety. Page 1 of 4 GULF STREAM POLICE DEPARTMENT -Crime Scene Investigation and Evidence Collection SOP # 35.01 When handling is required to determine the firearm's condition, it should be picked up by the edge of the trigger guard or textured finish of the handle, which will not ordinarily retain an identifiable print. The make, model, serial number, caliber, and other descriptive information should be recorded. 2. When sending firearms to a crime laboratory, the firearm will be unloaded before packaging, unless otherwise directed by the receiving crime laboratory. When unloading a firearm, the following should be noted: condition of ammunition beneath the firing pin; position of fired/unfired ammunition; number of rounds left in the magazine, and whether or not a round was in the chamber. 3. Damaged or rusty weapons should be handled with extreme caution. When a gun cannot be checked or unloaded, it should be hand delivered to the crime laboratory in an evidence container clearly marked "Caution -Loaded Firearm." No attempt should be made in the field to clean or dry a firearm taken into evidence. 4. In major cases, when necessary, fingerprint equipment, i.e., dusting powder and tape, may be used to lift the serial number from a weapon in order to eliminate the possibility of error if the number was only hand recorded. 5. An evidentiary firearm should not be cleaned. Blood and other substances adhering to the gun should be left intact for laboratory examination. 6. When firearms and bullet casings are retained as evidence and require ballistics, fingerprint or examination for trace evidence or marks, members will not mark the firearm. The firearm will be tagged or bagged. The markings may detract from the evidentiary value of the firearm. 7. Firearms will be submitted into evidence or turned over to an investigator per Property and Evidence procedure. IV. CRIME SCENE PROCESSING: A. Investigators will be primarily responsible for the collection of evidence and processing of all major crime scenes. 1. The on-call supervisor is available on a 24- hours basis to process crime scenes and traffic crash scenes. 2. Supervisors may request assistance to process crime scenes from another agency that has specialty equipment or training. The Chief of Police has designated the Palm Beach County Sheriffs Office to process all major crime scenes. A. Police officers and sergeants with adequate training are authorized to conduct fingerprint and related crime scene processing in other investigations such as: 1. Attempted or minor burglaries to autos, residences and businesses; 2. Stolen and recovered vehicles; 3. Minor theft investigation; or 4. Other investigations as deemed appropriate by the supervisor. B. Latent fingerprints will be developed and removed from the surface(s) of items with department issued equipment, i.e., dusting powders, brushes, fingerprint tape, fingerprint cards, etc. 1. No attempt should be made to brush or apply powder to prints in dust, obviously greasy prints, or bloody prints, as this may destroy them. Such prints should be photographed. 2. Wet objects to be processed for fingerprints should be allowed to air dry before processing, i.e., beer cans, glass and automobiles wet with rain or condensation. Lamps or other artificial heating should not be used. 3. A Supervisor should be contacted for assistance with any specialized processing. E. Whenever latent prints are removed from an item and placed on a latent fingerprint card, the card will contain the following information: 1. The member's name and ID #, date, Page 2 of 4 STREAM POLICE DEPARTMENT -Crime Scene case number, brief diagram or explanation of the source of print, and the direction of the print in relation to the surface. F. Items believed to contain latent fingerprint evidence, such as paper, cardboard, unpainted wood, or other absorbent surfaces should be carefully handled and transported for chemical processing. G. Crime Scene Photography: 1. The process of evidence collection should be supported by crime scene photography whenever possible. Crime scene photographs should represent a field of vision and perspective as close to actual scale as possible. Should unusual camera positions, lighting conditions, and camera settings be required, the photographer should note them as each photograph is taken. 2. A scale should be used and included in the field of view when the objects photographed cannot be physically removed or will dissipate over time (i.e., tool marks, blood splatter, fluorescent Luminal, etc.) or when size is a crucial factor. A photographic record log should be kept on major crime scenes (i.e., murder, sexual battery, etc.) or when appropriate and/or necessary. 3. All members assigned to process the scene of a serious crime against a person(s) or property will photograph and/or collect all available physical evidence. If photographs are not taken or physical evidence is not recovered, the investigator will prepare a report stating the reasons why. 4. Officers should only photograph the following, crime scenes, traffic crashes, vandalism/graffiti or any calls, where no other processing is required. 5. Battery victims with injuries and like occurrences, where no arrests are likely and no suspects exist, or their injuries have been covered with bandages, and lacking any other extenuating circumstances, do not require photographs. H. The information identification form, card or sheet of paper will be photographed first before photographing evidence to identify the series of exposures. and Evidence Collection SOP # 35.01 1. It will include the case #, type of crime and officer ID#. 2. The same procedures will apply if video graphs are taken. V. CHAIN OF CUSTODY: A. All property and evidence collected or obtained by department personnel will be entered in the property control system accompanied by a property/evidence receipt except for motor vehicles, vessels and airplanes, which require a Vehicle Storage Receipt (V.S.R.). 1. The property/evidence receipt (henceforth referred to as the property receipt) will be completed with all pertinent information including, but not limited to, the reason for submission, type of offenses, case number, date, arrestee's name, location found, etc. B. A record of the chain of custody and records reflecting the status of all property and/or evidence by the department is recorded on the bottom of the property receipt in the "Chain of Possession and/or Analysis Results" section. The record will reflect: 1. The date, time, and method of transfer; 2. The receiving person's name and position; 3. Reason for the transfer; 4. If the evidence submitted to an outside laboratory for analysis; a. The name, location of the laboratory, synopsis of the event, and examinations desired; b. The date and time of receipt in the laboratory, and; c. The name and signature of the person in the laboratory receiving the evidence; and d. Copies of any reports, receipts or forms submitted or completed by the outside lab will be retained in the department case file. Page 3 of 4 GULF STREAM POLICE DEPARTMENT -Crime Scene Investigation and Evidence Collection SOP # 35.01 C. These chain of custody records are maintained in the Property and Evidence Section files. D. Examination or testing will include: 1. Name of the officer last having custody. 2. Date and time of submission or mailing and method used for transmission. a. When hand delivered to a local laboratory, the name of the receiving person will be obtained and noted in the record. b. Evidence mailed or shipped will always be sent by registered mail, return receipt requested. c. If mailed, the transmittal letter will request the date and time of receipt by Original issue: 07/01/07 the laboratory, and the name and signature of the person in the laboratory receiving the evidence. d. The transmittal letter will include the name of the person in charge of the investigation and the name of the person to receive the laboratory analysis report. e. When evidence is submitted to an outside laboratory, the transmittal letter will include a specific request for written results of the examination(s). VI. REFERENCE: SOP # 36.01 Property and Evidence Management. Garrett J. Ward, Chief of Police Page 4 of 4 GULF STREAM POLICE DEPARTMENT -Property & Evidence Management SOP # 36.01 PROPERTY AND EVIDENCE MANAGEMENT EFFECTIVE: 07/01/07 I. POLICY: The department has established guidelines to maintain control over property in custody to ensure continuity and consistency in its safekeeping and to meet the requirements of the courts. This procedure establishes a system for handling property and evidence taken into police custody and the storage and management of said property. II. DEFINITIONS: A. Abandoned Property - All tangible property which does not have an identifiable owner and which has been disposed of on public property in a wrecked, inoperative, or partially dismantled condition or which has no apparent value to the rightful owner. B. Confiscated Property - Any item that is seized by an officer for some lawful purpose or for appropriating the property for government use. This property is usually evidence or contraband which possession and/or use is contrary to law. C. Evidentiary Property - Any tangible property that is seized by an officer or other department member in connection with a criminal incident. Any records, documents, material objects or exhibits collected to prove or disprove a fact(s) in a case investigation. D. Found Property (Lost Prooertv) - All tangible property which does or does not have an identifiable owner and which has been left on public property, upon a public conveyance, on premises used for business purposes, in parks, or places open to the public, in a substantially operable or functioning condition and/or has an apparent value to the rightful owner. E. Unclaimed Property - Any tangible property, including cash, not included within the definition of "a contraband article" as provided in FSS 932.701 , which was seized by a law enforcement agency, was intended for use in a criminal or quasi -criminal proceeding, and is retained by the law enforcement agency or the clerk of the county or circuit court for sixty (60) days after the conclusion of the proceeding and to which no claim of ownership has been made. F. Chain of Custody - The written record that tracks the history and continues the link of all individuals who have maintained unbroken control and/ or custody of evidence and property. III. PROPERTY AND EVIDENCE FUNCTION: A. The property and evidence function will be the overall responsibility of the Chief of Police. 1.The Chief of Police will designate an Evidence Custodian and he or she will be held I ointly accountable for all property accepted by, stored in, or under the control of the department. B. All records relating to the property and evidence will be kept in designated secure areas to prevent removal or manipulation. C. All property stored by the department will be stored in a designated secure area to ensure proper control. D. The department will accept property and/or evidence twenty-four (24) hours a day, seven (7) days a week. 1. Property and/or evidence will be secured in the appropriate secure storage location. 2. Large or bulk items will be secured in the garage. 3. Crime scenes with items requiring refrigeration will be processed by the Palm Beach County Sheriffs Office crime scene unit. 4. Vehicles that require storage will be taken to town public works. Arrangements will be made for vehicles too large to access the garage on a case-by-case basis. E. If evidence storage is at capacity and additional evidence needs to be stored, the evidence custodian will be notified and will be responsible to make arrangements for the storage of evidence. Page 1 of 9 GULF STREAM POLICE DEPARTMENT -Property & Evidence Management SOP # 36.01 IV. PROPERTY AND EVIDENCE SECTION SECURITY: A. Only authorized members will have access to the Property and Evidence Section and designated storage areas. 1. Any non -evidence custodian member will log entry/exit into Property & Evidence storage areas. B. No visitors will be allowed in the Property and Evidence Section. 1. All Property & Evidence functions will be conducted through the police department lobby area or other public access area. C. Extra security measures will be taken for the handling of exceptional, valuable or sensitive items of property, i.e., money/negotiable instruments, precious metals, jewelry, weapons, and drugs. These items will be stored in separate, secure areas within the department's property storage area. V. IMPOUNDED PROPERTY AND EVIDENCE: A. All property and evidence collected or obtained by department members will be entered in the property control system accompanied by a property/evidence receipt (Appendix A), except for motor vehicles, vessels and airplanes which require a Vehicle Storage Receipt (VSR). 1. The property/evidence receipt will be completed with all pertinent information including, but not limited to, the reason for submission, type of offenses, case number, date, arrestee's name, location found, etc. a. Firearms, jewelry or currency item(s) will be stored separately from other evidence in a case and a separate property/evidence receipt is necessary for each classification of firearms, jewelry and currency. b. Items of the same classification, i.e. firearms, jewelry or currency taken in the same case may be listed on the same property/evidence receipt. c. The property/evidence receipts will be numbered separately, i.e. 1 of 3, 2 of 3, 3 of 3 accordingly. 2. The supervisor will review and initial the property/evidence receipts(s) prior to submission. 3. Items will be turned into Property and Evidence Section as soon as possible, but no later than the end of the duty day. However, unique circumstances may occur which prohibit this from occurring. a. Patrol officers must obtain the supervisor's approval for any delay in submission and the item must be maintained in a secure location. b. investigators will submit item(s) as soon as they have completed their investigation. B. Members will use department storage lockers located at designated storage location(s) or the evidence garage for items too large for storage lockers. 1. Members will secure the storage locker and/or the evidence garage. C. Packaging property and evidence: 1. Do not permanently mark or damage the item to be impounded, unless the item needs to be marked as evidence, then mark it in an area as not to destroy the value of the item. 2. Non-perishable items of evidence will be sealed into evidence bags. The impounding party will write their name, case number, date, and type of case on the bag. The impounding party will place evidence tape over the end of the bag that was sealed and write their initials and I.D. # across the tape. 2. Officers will not take perishable items that requires storage, other than evidence, into custody. Perishable items will be photographed and immediately returned to the owner. A property receipt will be completed and the owner should sign for Page 2 of 9 GULF STREAM POLICE DEPARTMENT -Property & Evidence Management SOP # 36.01 the property. The photographs are to be placed into property as evidence. 4. Perishable items of evidence requiring drying (wet blood or fluid on clothing, organic substances such as green marijuana) will be placed separately into paper bags and sealed with evidence tape. The impounding party will write their name, case number, date, and type of case on the bag and their initials and I.D. # across the tape onto the bag. a. The supervisor will be noted anytime evidence requires drying and will make arrangements with either the on -duty or on-call Lieutenant for processing the evidence. 5. Biohazard stickers will be affixed to the packaging of any biohazard item. a. Items marked with biohazard stickers, when cleared for disposal, will be disposed of in a red biohazard bag at Fire/Rescue for disposal. 6. Non-perishable items of found property will be placed in bags and/or tagged and placed in department storage lockers. Evidence tape does not have to be placed on found property. 7. Knives and other edged items will be placed in a receipt board storage box to protect handlers from injury with a property/evidence receipt. 8. Hypodermic needles will be placed in a crush proof container to protect handlers from injury, with a biohazard sticker affixed and with a property/evidence receipt. a. Hypodermic needles when cleared for disposal, will be disposed of in a red biohazard bag at Fire/Rescue for disposal. 9. An item too large to fit into a bag will be marked utilizing a manilla property tag and attached to the item with a property/evidence receipt. 10. Large items will be stored in the evidence garage located at Town Hall. This property will be tagged with case number, officer's name, date, and case classification. The property/evidence receipt will be prepared noting the storage location and submitted to the evidence custodian. 11. Bicycles will be tagged with a case number, officer's name, date and case classification. a. Bicycles will be stored in the evidence garage. b. A property/evidence receipt will be completed and placed with the evidence in the temporary evidence holding locker. 12. License plate and/or decal not reported stolen, whether valid or invalid (expired, unassigned, altered, etc.), will also be placed in evidence and logged on Receipt and Certificate of Destruction of Tags, Decals, and Permits form (DHSMV #84003). D. Any type of case with evidence, which requires refrigeration (blood and/or urine samples taken in D.U.I. investigation) and analysis by a crime laboratory. The case will be turned over to Florida Highway Patrol or the Palm Beach County Sheriffs Office for investigation. E. Flammable items will not be taken into custody for storage. 1. Flammable materials, such as gasoline, will be photographed and returned to the owner or safely disposed of. 2. If the material presents an imminent hazard, the officer will notify Delray Beach Fire/Rescue for assistance. F. The Palm Beach Sheriffs Office Bomb Squad will be notified immediately via the supervisor when evidence or property of an explosive or unstable nature is taken into custody. G. When drugs or drug paraphernalia are taken into custody by a department member for the purpose of submission to the Property and Evidence Section, the member will complete the Page 3 of 9 GULF STREAM POLICE DEPARTMENT -Property R Evidence Management SOP # 36.01 following: 1. Separate the narcotics and dangerous drugs from all other property. 2. Field test the narcotics or dangerous drugs, noting the results of the field test on the offense report. 3. Weigh each type of narcotic or dangerous drugs separately. Include packaging in the weight, if applicable and indicate the weight listed includes the packaging. 4. Drugs will be sealed in clear plastic evidence bag(s) with weight(s) marked on the bag. The impounding party will write their name, case number, date, and type of case on the bag. a. The members initials and I.D. # will be written across the tape placed on the seal of the bag. 5. Complete the property section of the offense report listing each type of narcotic or dangerous drugs separately. Include the quantity by weight (metric) and number, if applicable. a. If the narcotic or dangerous drug is evidence, the impounding member will complete the Palm Beach Sheriffs Office property receipt form and the department property/evidence receipt. J. If the narcotic or dangerous drug is found property with no defendant and the property will not be sent to the lab, the impounding member will only complete the department property/evidence receipt and mark "found property". 6. Narcotics or dangerous drugs will be submitted using the appropriate storage lockers. 6. When the size or amount of the narcotic and/or dangerous drug taken into custody is too large to be placed in the storage lockers, the officer will notify the shift supervisor. a. The supervisor will make arrangements for secure storage. 7. Any counterfeit narcotics or dangerous drugs will be turned into the Property and Evidence Section in the same manner used above. 8. All packages of narcotics and dangerous drugs that leave the Property and Evidence Section will be weighed and inspected for evidence of tampering prior to being returned to storage. 9. The evidence custodian will immediately notify the Chief of Police if there are any signs of tampering of or broken seals on any submitted narcotics/dangerous drug evidence. a. The Chief of Police will be responsible to review and/or investigate any tampering of narcotic or dangerous drug evidence. 10. All narcotics will be stored separately in the Property and Evidence Section. 11. Any drugs taken in a death investigation will be turned over to the Medical Examiner's Office, if possible. a. A Gulf Stream Police Department Property Receipt will be completed and submitted with the report. H. When firearms are taken into custody, the member will complete the following: 1. List the make, model, serial number, caliber, finish, barrel length (if applicable), accessories, damage, and any alterations to the firearm on the property/evidence receipt. 2. An NCIC/FCIC computer check will be made on the firearm and a copy of the teletype printout reauest and reply attached to the offense report. 3. When marking a firearm for identification purposes, a tag or tape should be securely attached to the firearm with the necessary case information. If there are no identification numbers present, the officer should mark the firearm in an inconspicuous location as not to damage the firearm. Page 4 of 9 GULF STREAM POLICE DEPARTMENT -Property & Evidence Management SOP # 36.01 4. If the firearm is loaded, the member taking it into custody will attempt to unload it and make it safe. a. If a firearm is loaded and cannot be unloaded because of a jam or lack of knowledge on how to unload it on the part of the member taking it into custody, the supervisor should be contacted and a rangemaster noted to assist in the unloading. b. If the firearm must remain loaded for evidentiary purposes, such as in the case of a homicide, police shooting, or serious aggravated battery, the loaded firearm will be turned over to an investigator in person. c. Any submitted firearm that remains loaded for any reason will be clearly marked "LOADED FIREARM". 5. The firearms will be secured in a cardboard gun box, whenever possible. 6. Ammunition that is taken as Property or Evidence will be stored in separate bags or containers from firearms. 7. Firearms will be stored separately in the Property and Evidence Section. I. When money is taken into custody by a department member to be turned into the Property and Evidence Section, that member will: 1. Separate the currency from all other property i.e. wallet. 1. The currency will be grouped in separate denominations (i.e., all 10's together, all 20's together) and turned in the same direction. 3. The currency will be counted by the member who has taken it into custody and listed on the property/evidence receipt. a. supervisor will verify the amount and initial the property receipt. 4. After counting and verification, the currency will be sealed in a clear plastic evidence bag. The impounding officer will place evidence tape across the seal, initial across the tape and lock the bag in a department storage locker. 5. If the total amount of money is $10,000 or more and it is after normal business hours, the evidence custodian or designee will respond to the police department and personally verify the amount of the currency with the impounding officer then place the currency in the safe. 6. Currency will be stored in a separately secured area of the Property and Evidence Room. J. When precious metals, valuable jewelry or gemstones are taken into custody to be turned into the Property and Evidence Section, the member will complete the following: 1. Separate the jewelry/precious metals from all other property. 2. List each item individually on a property section of offense report, describing each by color and not by type of stone or specific type of metal. (Example: red stone as opposed to ruby, or gold colored chain as opposed to a gold chain). 3. The property will be sealed in a clear plastic evidence bag with evidence tape across the seal. The member will write his or her initials across the envelope and the tape. 4. Jewelry will be stored separately in the Property and Evidence Section. K. All members involved in the collection of evidence and found property should use discretion in collecting the items. Storage space is limited; therefore only items of sound evidentiary value should be collected. Property reported as abandoned that has no evidentiary, monetary or serviceable value should not be collected. 1. Members should photograph an item of evidence, which will be returned to the owner pursuant to F.S.S. 90.91. Members will meet all guidelines set forth in the statute. L. Members will seize property reported stolen or the member reasonably believes to be stolen. The seizing member will determine who the true owner of the property is and notify them of the Page 5 of 9 GULF STREAM POLICE DEPARTMENT -Property & Evidence Management SOP # 36.01 recovery when possible. M. Any property seized as contraband articles for the purpose of forfeiture will be handled in the same manner as evidentiary property. VI. PROPERTY/EVIDENCE HELD BY THE A. All property held by the department will be separated to ensure integrity of each item and non -contamination of evidentiary property. The recording system will provide: 1. the date and time the property was received/released; 2. the circumstances by which the property was obtained; 3. the location of the property; 4. the description of the property; 5. the chain of custody from time of receipt until final disposition; and 6. the date and results of all inspections, inventories and audits. B. A record of the chain of custody and records reflecting the status of all property and/or evidence by the department is maintained in the Property and Evidence Section files. VII. RELEASING PROPERTY/EVIDENCE: A. Property may be released from the Property and Evidence Section for the following reasons: 1.Presentation in court; 2. Return to the owner; 3. Investigative purposes; 4. Submission for processing to a crime lab or investigator. 5. Viewing by defense and/or prosecution attorneys accompanied by the assigned investigator. 6. Final disposition of the property may be authorized in writing by the State Attorney's Office, the Clerk of the Court's Office, or other court(s) of jurisdiction, or authorization from the lead investigator, or impounding officer if no investigator is assigned. B. Anytime property is released, the person receiving the property will sign the property/evidence receipt on file. The reason the property is being removed and the date and time the property is removed will be written on the receipt. C. Property will be returned to the Property and Evidence Section as soon as possible. D. If the property is returned to the Property and Evidence Section after normal business hours, the property will be placed in a department storage locker. E. When releasing evidence or other property on a court order, the court order must be read completely and understood before the release of any property or evidence. A court order must have an official court seal and signature of a judge of the county or circuit court. 1. A copy of the court order will be filed in the Property and Evidence Section. F. Property released to persons other than department members will be released under the following conditions: 1. The person to whom the property is to be released must have photo identification or other official and/or verifiable identification, which is acceptable to the evidence custodian. 2. The property is found property and the person has provided proof of ownership. 3.The person has written authorization from the State Attorney's Office specifically identifying the property to be returned and the person to whom the property is to be returned. a. If the property is recovered stolen property that may be used as evidence in a case, the property will be photographed and return it to the owner according to Florida State Statutes. Page 6 of 9 GULF STREAM POLICE DEPARTMENT -Property $ Evidence Management SOP # 36.01 4. The person has a court order specifically identifying the property to be returned and the person to whom the property is to be returned. G. Property and/or evidence obtained by department personnel which is released in the field will be done so in the following manner: 1. The property and/or evidence will be itemized and listed on a department property receipt. 2. The person receiving the property will sign and date the property receipt acknowledging receipt of the property, for each item received; and 3. If evidentiary in nature, a photograph of the item(s) will be taken. VIII. DISPOSAL OF EVIDENCE/PROPERTY: A. Under no circumstances will any evidence and/or property be destroyed by any member except for the evidence custodian, according to his or her official duties. B. The evidence custodian will be responsible for the disposition of all unidentified, unclaimed, or contraband property after all legal requirements have been satisfied. 1. The evidence custodian will be responsible for ensuring that records reflect the status of all property held by the department and the final disposition of all property. 2. Final disposition of the property may be authorized in writing by the State Attorney's Office, the Clerk of the Court's Office, or other court(s) of jurisdiction, or authorization from the lead investigator, or impounding officer if no investigator is assigned. C. All property will be disposed of by one of the following means and in compliance with all applicable laws and court rulings: 1. Returned to the owner; 2. Sold at public sale; 3. Converted to department use; 4. Donated to a charitable organization; 5. Reclaimed by the finder; or 6. Destroyed. D. Confiscated property (contraband articles) will be handled pursuant to FSS Chapter 932. E. Found/abandoned property and unclaimed evidence will be handled pursuant to FSS Chapter 705. F. Firearms will be disposed of pursuant to FSS Chapter 790. Those firearms, which are determined by the Range Master to be of use to the department, may be retained upon completion of the required paperwork and the written approval of the Chief of Police. When these firearms are no longer needed, the Range Master will return them to the Property and Evidence Section for disposal. G. Narcotics will be disposed of pursuant to F.S.S. 893.12 and under the supervision of the Chief of Police. 1. Narcotics and/or dangerous drug destruction will be videotaped and a written accounting of all destroyed narcotic and/ or dangerous drug evidence will be forwarded to the Chief of Police for review. 2. Videotapes and written accounting will be retained in compliance with FSS 119. H. All property will be disposed of in the prescribed manner per petition of the county court. IX. INSPECTIONS STORAGE AREAS: A. The Chief of Police will conduct semi —annual inspections and audits to ensure adherence to procedures used for the control of property. The inspection will be conducted to determine the following: 1. Property storage areas are being maintained in an orderly manner; 2. The location of property is properly documented and can be located easily; 3.Property is being protected from damage or deterioration; and Page 7 of 9 GULF STREAM POLICE DEPARTMENT -Property & Evidence Management SOP # 36.01 4. Property having no further evidentiary value is being disposed of. B. The Chief of Police or designee will conduct an annual audit of property held by the department to ensure accountability. 1.This inspection is to ensure the integrity of the system and not to account for every item of property. C. Whenever anew evidence custodian is assigned and/or the existing evidence custodian is transferred from the custodian position, a joint examination of property will be required to ensure continuity of custody. 1. The joint examination of property will be conducted by a designee of the Chief of Police and the newly appointed evidence custodian. 2. Samples to be examined must be sufficient to ensure records are correct and properly annotated. All discrepancies will be documented prior to assumption of property accountability by the new custodian. 3. The purpose of the examination is not to require the accounting of every single item of property, but to ensure the continuity of custody by verifying the integrity of the system and the accountability of the property. D. At any time the Chief of Police may order an Original Issue: 07/01/07 audit, inventory, or inspection of all or any part of the property management activities of the police department by an outside agency or firm. E. Reports of any and all audits, inventories or inspections of any or all of the property management activities of the police department will be submitted to the Chief of Police. X. REFERENCE: • SOP # 38.01 Forfeiture. • FSS 90.91 Photographs of property wrongfully taken; use in prosecution, procedure; return of property to owner. FSS Chapter 705 Lost or abandoned property. FSS Chapter 790 Firearms disposed. FSS 893.12 Contraband; seizure, forfeiture, sale. F.S.S. 932.701-932.707 "Florida Contraband Forfeiture Act". Garrett J. Ward. Chief of Police Page 8 of 9 GULF STREAM POLICE DEPARTMENT-Property & Evidence Management SOP#36.01 Appendix A GULF STREAM POLICE DEPARTMENT PROPERTY AND EVIDENCE RECEIPT Page 9 of 9 GULF STREAM POLICE DEPARTMENT -Property & Evidence Management SOP# 36.01 Page 10 of 9 GULF STREAM POLICE DEPARTMENT -Crime -Related Firearms, Bullet Projectiles & Ammunition Casings SOP # 36.02 CRIME -RELATED FIREARMS, BULLET PROJECTILE (S) & AMMUNITION CASINGS EFFECTIVE: 07/01/07 I. POLICY: The department has established guidelines for processing crime -related firearms, bullet projectile(s) and/or ammunition casings and outlines department participation in the National Integrated Ballistics Identification Network (NIBIN). Firearms -related crime is a primary concern for law enforcement and a comprehensive approach to combating firearms related crimes involves identifying, investigating and prosecuting armed violent felons. NIBIN assists law enforcement, through a national effort, to conduct firearms tracing and ballistic comparison of firearms, bullet projectiles and ammunition casings in criminal investigations. II. DEFINITIONS: A. Crime Gun —Any firearm that is illegally possessed, used in a crime, or suspected to have been used in a crime. This may include a firearm found abandoned, if the recovering law enforcement agency has reason to believe, the firearm may have been used in a crime or possessed illegally. B. Bulle_t_proiectile(s) and/or ammunition casings- Any bullet projectile or ammunition casing that is recovered at a crime scene. C. Firearms Tracing—The tracking of recovered crime guns from its manufacture through distribution (retail or wholesale) to the individual who procured the firearm. D. Comprehensive Tracing- The submission for firearms tracing to the US Bureau of Alcohol, Tobacco and Firearms National Tracing Center. III. PROCEDURE: A. When an officer seizes or recovers a firearm defined as a "crime gun" the officer will: 1. List the make, model, serial number, caliber, finish, barrel length (if applicable), accessories, damage, and any alterations to the firearm on the property/evidence receipt. 2. An NCIC/FCIC computer check will be made on the firearm and a coot/ of the teletype printout request and reply attached to the offense report. 3. When marking a firearm for identification purposes, a tag or tape should be securely attached to the firearm with the necessary case information. If there are no identscation numbers present, the officer should mark the firearm in an inconspicuous location as not to damage the firearm. 4. If the firearm is loaded, the member taking it into custody will attempt to unload it and make it safe. a. If a firearm is loaded and cannot be unloaded because of a jam or lack of knowledge on how to unload it on the part of the member taking it into custody, the supervisor should be contacted and a range master notified to assist in the unloading. b. If the firearm must remain loaded for evidentiary purposes, such as in the case of a homicide, police shooting, or serious aggravated battery, the loaded firearm will be turned over to an investigator in person. c. Any submitted firearm that remains loaded for any reason will be clearly marked "LOADED FIREARM". 5. The firearm will be secured in a cardboard gun box, whenever possible. 6. Ammunition that is taken as Property or Evidence will be stored in separate bags or containers from firearms. 7. Complete a Palm Beach Sheriffs Office (PBSO) Property Receipt. a. Officers will check the "Firearms" section and clearly write "NIBIN Submission" below the descriptions of property on the PBSO property receipt. 8. Complete the US Bureau of Alcohol, Tobacco and Firearms National Tracing Center Trace request form (Appendix A), providing as much information as possible. Page 1 of 3 GULF STREAM POLICE DEPARTMENT -Crime Related Firearms, Bullet Projectiles, & Ammunition Casings SOP # 36.02 9. Submit the PBSO Property Receipt and National Tracing Center Trace Request forms with the Property/Evidence receipt. B. When an officer seizes or recovers a bullet projectile(s) and/or ammunition casings at a crime scene, the officer will: 1. Package the evidence according to current departmental procedure separately from other evidence. 2. Complete a Palm Beach Sheriffs Office (PBSO) Property Receipt and submit with the Evidence/Property receipt. a. Officers will check the "Firearms" section and clearly write "NIBIN Submission" below the descriptions of property on the PBSO property receipt. C. Any "crime gun", bullet projectile(s) and/or ammunition casings that are evidence in a case, where the evidence needs to be submitted for other lab analysis i.e. latent prints, serology/DNA, it will be submitted for the other lab analysis prior to being submitted for NIBIN comparison. 1. The officer/investigator seizing the evidence will be responsible to complete all the necessary paperwork for other lab analysis, in addition to the NIBIN Submission forms. 2. All the required paperwork will be submitted when the evidence is secured in the Property/Evidence section. Original issue: 07/01/07 X. D. The evidence custodian is designated as the departmental liaison with the PBSO Firearms Section and the US Bureau of Alcohol, Tobacco and Firearms for NIBIS comparison and firearms tracing. . When a "crime gun", bullet projectile and/or ammunition casing is received by the Property and Evidence Section, the evidence custodian will review the submission and verify that the evidence fits the criteria for NIBIN comparison. 2. The evidence custodian will be responsible to submit the evidence to the PBSO Firearms Section for NIBIN comparison. a. If the evidence is also submitted for other lab analysis, the evidence custodian will ensure the evidence is submitted to the appropriate lab section prior to NIBIN comparison. 3. The evidence custodian will be responsible to forward a copy of the National Tracing Center Trace Request form to the US Bureau of Alcohol, Tobacco and Firearms via fax at the provided number. SOP # 36.01 Property & Evidence Management Garrett J. Ward. Chief of Police Page 2 of 3 GULF STREAM POLICE DEPARTMENT-Crime-Related Firearms, Bullet Projectiles & Ammunition Casinos SOP#36.02 Appendix A U.S. ALCOHOL, TABACCO AND FIREARMS NATIONAL TRACING CENTER TRACE REQUEST FORM Page 3 of 3 LANTANA POLICE DEPARTMENT -Crime -Related Firearms, Bullet Projectiles & Ammunition Casings SOP# 36.02 GULF STREAM POLICE DEAPRTMENT-Infectious Diseases SOP # 37.01 INFECTIOUS DISEASES EFFECTIVE: 07/01/07 I. POLICY: The department has established guidelines for members who are subject to exposure to minimize the risk of contracting and/or spreading any form of communicable disease. Because of the nature of our work, certain members are more likely to have contact with persons who carry and/or suffer from many common diseases. Members subject to exposure need to be aware of the risks and take precautions when warranted. A. Acquired Immune Deficiency Syndrome (AIDS) - An acquired defect in the immune system function that reduces the affected person's resistance to certain types of infections and cancers. It is believed to be transmitted through intimate sexual contact or exposure to infected blood, blood products and/or bodily fluids. B. Carrier - Any person who, without current symptoms of contagious disease, harbors and disseminates a specific microorganism. C. Blood borne pathogens- Pathogenic microorganisms that are present in human blood and can infect and cause disease in persons who are exposed to blood containing these pathogens. These pathogens include but are not limited to Hepatitis B, AIDS and HIV. D. Exposure Incident- A specific eye, mouth, other mucous membrane, non -intact skin, or contact with blood or other potentially infectious materials that results from the performance of an employee's duties. Examples: 1. The handling of bloody or wet items where scratches, cuts or open sores are noticed on the area of contact, 2. Direct contact with bodily fluids from a subject on an open sore or cut, 3. Mouth-to-mouth resuscitation, 4. Receiving a cut, bite or puncture wound as a result of searching or arresting a subject, and 5. Other incidents of high risk or significant exposure, i.e., stuck by a contaminated needle, broken skin as a result of a human bite. III. EXPOSURE WHILE ON -DUTY: A. When exposed to blood or other potentially infectious materials and the skin is broken or punctured (significant exposure) the following procedure should be followed: 1. Encourage the wound to bleed while applying pressure. 2. Wash the area thoroughly with anti- bacterial soap (Betadine, Dial or other soap) and warm water. Allow water to free flow over the wound for a minimum 15 to 30 seconds. 3. Members will be medically evaluated for evidence of infection after all significant duty related incidents of exposure. a. Medical evaluation will initially be done by Delray Beach Fire/Rescue. b. If it is determined that further medical treatment is needed, the exposed victim will notify the supervisor and respond to the nearest hospital emergency room. 4. An offense report will be completed documenting the exposure. 5. The member and/or the supervisor will document the exposure and forward a copy of the report to the Chief of Police. a. The supervisor will notify the town's worker compensation carrier according to town procedure. B. When exposed to blood or other potentially infectious materials and there is no break in the skin, the member should: 1. Wash the area thoroughly with anti bacterial soap (Betadine, Dial or other soap) and warm water. Allow water to free flow over the wound for a minimum of 15 to 30 seconds. 2. Contact fire/rescue for advice and direction regarding the post exposure treatment, if necessary. Page 1 of 4 GULF STREAM POLICE DEAPRTMENT-Infectious Diseases 3. Document the exposure in an offense report detailing the extent of the exposure. 4. The member and/or the supervisor will forward a copy of the offense report to the Police Chief. a. The supervisor will notify the town's worker compensation carrier according to town procedure. IV. PROCEDURE: A. Avoid contact with open, weeping sores, wounds, bodily fluids or blood of suspected, infected persons. Use extreme caution while conducting a search, making an arrest or rendering assistance to any person who is suspected of having an infectious disease. B. Rubber or latex gloves should be worn to avoid skin contact with blood or any material that has been exposed to bodily fluids. After the completion of the search, the gloves when pulled off the hands should automatically turn inside out. Leave them in this position and discard them in a red biohazard bag. C. Full finger black leather or Kevlar gloves may be worn for safety and protection. Black leather or Kevlar gloves may not be worn during routine assignments. They are to be worn during specific police functions such as: search warrants, searches of contaminated persons or property to avoid punctures by sharp objects. Needles and blades should be considered potentially infectious. D. The most important measure in preventing the spread of infectious disease is to thoroughly wash your hands with anti -bacterial soap (Betadine, Dial or other soap) and warm water. Hands should be washed even if gloves are worn. E. Contaminated evidence submitted to the evidence section is to be placed in a sealed evidence bag clearly marked with biohazard labels and the case number written on the bag. 1. When the evidence is wet with bodily fluids, allow it to dry prior to sealing the bag. Seek assistance from a supervisor when the material is saturated and it will not dry prior to being submitted. SOP placed in a red biohazard bag and taken to fire/rescue or a hospital for disposal. G. Each officer will check his or her vehicle's Infectious Disease Safety Kit prior to going into service. H. Disposable airway equipment or resuscitation equipment should always be used during mouth-to-mouth resuscitation. J. Custody Procedures: 1. Caution should be exercised when dealing with persons in high-risk groups and in a situation where violence is anticipated; protective disposable gloves should be worn. Extreme caution must be used when reaching into areas that are not visible, i.e., pockets, purses and other containers. 2. The supervisor will be notified whenever it is necessary to transport for medical treatment a subject who has blood or body fluids present on their person or clothing. Fire/rescue will transport the subject to a hospital when necessary. 3. Subjects with blood or other body fluids present should be transported separately from other subjects when possible. 4. Officers have an obligation to inform fire/rescue, corrections officers, investigators and other support personnel when transferring custody of an arrestee who has blood or other body fluids present on his or her person or if the arrestee has made a voluntary statement that he or she has a contagious disease. When a subject makes such a voluntary statement, the officers should indicate this on the arrest forms. K. Vehicle Maintenance: 1. A police vehicle exposed to blood or other body fluid discharges will be disinfected. 2. The supervisor will be notified and the vehicle taken to the town garage wash area. F. Non -evidentiary biohazardous material will be Page 2 of 4 GULF STREAM POLICE DEAPRTMENT-Infectious Diseases SOP # 37.01 3. The town garage will disinfect the vehicle. After hours, the officer is responsible for cleaning the vehicle. a. Protective gloves (i.e., Playtex gloves, not exam gloves) and eye protection will be worn during all phases of the disinfection procedure. b. Any excess blood or body fluids should first be wiped up with a disposable absorbent pad. c. A freshly mixed 10% chlorine bleach and water solution should be used. d. The affected area should be sprayed and allowed to air dry for 10 minutes. 5. All disposable contaminated cleaning items will be placed in a red plastic bag marked "BIOHAZARD," sealed and taken to fire/rescue or a hospital for disposal. L. Supplies: 1. The supervisor is responsible for the inventory and dissemination of supplies for infectious disease control. 2. Officers using supplies stored in police vehicles are responsible for replacing them. M. The Town of Gulf Stream has adopted a comprehensive Exposure Control Plan that includes all town employees. In addition, copies of the plan will be kept in the following locations: Original Issue: 07/01/07 1. Patrol briefing room. 2. Administration. V. TRAINING: A. All department members who are subject to exposure will receive training upon initial hire and annual training thereafter in: 1.The Infectious Diseases policy, 2. Exposure control procedures including OSHA regulations, and 3. Blood borne diseases. VI. HEPATITIS B VACCINATION PROGRAM: A. All new members subject to exposure will be offered the vaccine at the time of their pre- employment physical. B. All current members subject to exposure will be offered the vaccine. C. If after the third shot, testing indicates inadequate antibody response, additional doses will be provided. VII. • Florida Intergovernmental Risk Management Association (FIRMA) Blood borne Pathogens Policy and Procedure Manual. • Town Administrative Order 302 Blood borne Pathogen. • SOP # 29.01 Arrestee Transportation. Page 3 of 4 Garrett J. Ward, Chief of Police GULF STREAM POLICE DEAPRTMENT-Infectious Diseases SOP # 37.01 /_\,UCINNI :Id1 The Emergency Response Safety Kit in the police vehicle contains: 1. Latex gloves. 2. Red plastic bags marked "BIOHAZARD." 3. Antibacterial soap. 4. Plastic containers for the disposal of syringes. 5. Germicidal disposal wipes. 6. Face shield. 7. An airway resuscitation mask with a one-way valve. GULF STREAM POLICE DEPARTMENT -Personal Protection Equipment (PPE) SOP # 37.02 PERSONAL PROTECTION EQUIPMENT (PPE) EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department has established guidelines to enhance its response capacity to effectively deal with Nuclear, Biological, Chemical (NBC) and other incidents by supplying and maintaining personal protective equipment (PPE) sets. These sets include Level C protective clothing and respirators for use on perimeters of incidents. A. Decontamination (DECON) — To make safe by eliminating poisonous or otherwise harmful substances, such as noxious chemicals or radioactive material. B. Level C Protection- Air purifying respirator and a coverall style HazMat suit that is designed for use in a warm or perimeter zone of an incident. C. OSHA- Occupational Safety & Health Administration D. PPE- State of Florida Chemical/Bio Protective Equipment E. Protective Mask- a full -face respirator mask. F. Qualitative Fit Testing -a pass/fail fit test to assess the adequacy of respirator fit that relies on the individual's response to the test agent. G. Warm Zone -the perimeter area of an incident, which acts as an access and decontamination corridor to the incident. H. Hot Zone -site where nuclear, biological or chemical incident is located. III. PERSONAL PROTECTION EQUIPMENT (PPEI A. The department has adapted a level C protective equipment sets that is issued to sworn members as assigned. B. The PPE equipment set is designed to protect police officers from secondary chemical contamination from chemical exposure, the victims of exposure and allow police officers to operate in a chemical incident warm zone. C. The equipment set shall be comprised of the following elements: 1. A full face protective mask 2. A Level C chemical protective suit 3. A pair of protective boots 4. A pair of chemical resistant gloves 5. A tactical equipment readiness bag IV. MEDICAL EVALUATION A.OSHA regulations 29 CFR, 1910.134, mandate that a physician or licensed health care professional medically evaluate all personnel prior to wearing the protective mask with the PPE. B. The OSHA Respirator Medical Evaluation Questionnaire will be used by the department to conduct the medical evaluation, which is completed by the member and reviewed by a physician or a licensed health care professional. 1.The medical questionnaire shall be submitted to the department training coordinator who will responsible to submit the questionnaires to a designated physician or licensed health care professional. 2. The department training coordinator will be notified of eligible members who are cleared to wear PPE's and the medical questionnaires will be placed into member's personnel files. 3. Members who are not medically cleared will be notified as well as the Chief of Police. 4. The Chief of Police may; a. excuse an officer from any PPE related duties; b. refer the officer for a additional mandatory medical physical conducted by a town approved physician or licensed health care professional; Page 1 of 3 GULF STREAM POLICE DEPARTMENT -Personal Protection Equipment (PPE) SOP # 37.02 c. make reasonable accommodations for the officer V. TRAINING & FIT TESTING FOR PPE'S A. All police personnel must undergo a course of instruction on wearing, caring and decontaminating the PPE's prior to their issuance. 1. The department has adopted the state guidelines for Level C Protective Clothing for Perimeter Control Personnel. B. All police personnel must undergo formal fit testing procedure annually as proscribed in the OSHA regulations. 1. The department has adopted the Quantitative Fit Test as the standard for protective mask testing. C. Facial hair may interfere with the seal of the protective respirator. 1. Wearers with long hair shall pull their hair back off the face into either a ponytail or a bun type style. 2. Any facial hair that interferes with seal of the protective respirator is prohibited. D. Prescription eyeglasses 1. Prescription eyeglasses will interfere with the seal of the mask. 2. Members will not wear eyeglasses while wearing the protective mask. 3. Members have the option of either not wearing their regular eyewear or wearing contact lens. 4. The department shall provide the officer, (when needed), with the corrective lens holder manufactured for the officer's protective mask. a. The department will not provide the prescription inserts for the corrective lens holder for the protective mask. Page 2 of 3 VI. MAINTENANCE OF PPE's A. Inspection and Cleaning 1. The member is responsible to periodically inspect and clean the issued PPE's. a. The member will notify the shift supervisor of any repair or replacement needed of PPE equipment who will make the necessary arrangements. 2. At the annual fit testing, the instructor will conduct an inspection of PPE equipment and arrange for any repair or replacement. 3. The respirator will be clean and sanitized after each use and disinfected as needed. a. DECON will be conducted at the direction of fire/rescue or other haz-mat officials. B. Storage 1.Members shall not store the PPE in such a fashion that unnecessarily exposes the PPE to excess heat or sunlight. 2. Members will have their issued PPE's readily available at their workstations or patrol vehicles. VII. DECONTAMINATION (DECON) A. NBC decontamination is designated to fire/rescue and members will follow the direction of fire/rescue haz-mat protocols. B. In an emergency, the member may conduct emergency DECON, where the officer moves to clean air, isolates himself, removes all contaminated clothing, hoses down with water if available and notifies appropriate DECON specialists. VIII. DUTIES and RESPONSIBILITIES A. The Chief of Police or designee is responsible for implementing the PPE program. GULF STREAM POLICE DEPARTMENT -Personal Protection Equipment (PPE) SOP # 37.02 IX. OPERATIONAL CONSIDERATIONS A. The PPE is designed to protect the wearer against inhalation and absorption hazards of a nuclear, biological and chemical nature. B. Each piece of the PPE can be used individually for speck protection. However, for complete protection the entire equipment ensemble must be worn. C. Members deployed to NBC incidents shall be paired up to work in two officer teams. Each team member shall monitor the partner officer for signs of heat stress, chemical poisoning or biological sickness. D. Members deployed to an NBC incident and wearing the PPE set shall alternate between duty and rest cycles at least every 30 minutes. E. While in a rest cycle, officer shall take the opportunity to physically recover. At a minimum, they shall rest and re -hydrate themselves. If a formal "Incident command" rehabilitation sector is established and staffed with paramedics; then officers shall also undergo the medical monitoring process. F. An officer who begins to become fatigued, feels ill or has difficulty breathing will immediately leave the area for a safe area. X. REFERENCE: • SOP 22.01 Unusual Occurrence Plan • OSHA 1910.134 Garrett J. Ward, Chief of Police Original Issue: 07/01/07 Page 3 of 3 GULF STREAM POLICE DEPARTMENT — Pandemic Influenza SOP # 37.03 I. POLICY: The Gulf Stream Police Department, in partnership with other Town Departments, will provide emergency services to the citizens of the Town when a Pandemic Influenza Emergency threatens our community. II. DEFINITIONS: Family Care Succession Plan- A coordinated plan, created in advance of an emergency, by employees to address care of children and other family members due to being required to report for duty. If possible, these plans should be designed with multiple lines of succession in place. This is due to the unpredictable nature of the emergency at hand and the inability of one person to respond as would be necessary. Influenza - A viral respiratory disease that occurs throughout the world. Pandemic - A new disease or variant with no human immunity that spreads worldwide. III. AUTHORITY: A. Federal: 1. Title 42 United States Code Section 264 (Section 361 of the Public Health Service [PHS] Act) Centers for Disease Control and Prevention (CDC). • Under its delegated authority, the CDC is empowered to detain, medically examine, or conditionally release individuals reasonably believed to be carrying a communicable disease. Influenza viruses that cause/ have potential to cause a pandemic are included in the list of quarantinable diseases. 2. Chapter 68. Title 42. • Provides authority to declare and respond to emergencies and provide assistance to protect public health; implemented by the Federal Emergency Management Agency. GULF STREAM POLICE DEPARTMENT — Pandemic Influenza SOP # 37.03 B. State: 1. Chapter 252, Florida Statutes Emergency Management Act Section 381.003, F.S. - Governor and Florida Division of Emergency Management. a. Allows Governor to declare a state of emergency. b. Gives Governor and Division direction and control of emergency management. C. Allows Governor and Division to delegate authority to carry out critical functions to protect the peace, health, safety, and property of the people of Florida. 2. Chapter 381, F.S. Section 381.0011, F.S. Communicable Disease and Quarantine - Department of Health. a. Authorizes the department to administer and enforce laws and rules relating to control of communicable disease. b. Authorizes the department to declare, enforce, modify, and abolish quarantine of persons, animals, and premises. C. Authorizes the department to specify the conditions and procedures for imposing and releasing quarantine. 3. Section 381.00315, F.S. Public Health Emergencies and Advisories. a. Authorizes the State Health Officer to declare public health emergencies and issue public health advisories. 4. Section 381.0012, F.S. - Enforcement Authority Department of Health. a. Authorizes the department to maintain necessary legal action; request warrants for law enforcement assistance; and directs state and county attorney, law enforcement and city and county officials upon request to assist the department to enforce the state health laws and rules adopted under Chapter 381, F.S. 5. Section 768.28, F.S. - Sovereign Immunity for State Officers and Employees - State Agencies. a. Protects state employees who administer immunizations as part of their official duties. GULF STREAM POLICE DEPARTMENT — Pandemic Influenza SOP # 37.03 6. Section 120.54, F.S. - State Agencies. a. Allows state agencies to adopt temporary emergency rules when there is immediate danger to public health, safety, or welfare without going through the normal rule making process. C. Local 1. Town of Gulf Stream. This article is provided for the designation of a town official to declare a local state of emergency in the town, in the event of a natural or man-made disaster or emergency, or the imminent threat thereof, to protect and safeguard the safety, health, and welfare of the citizens of the town. IV. PANDEMIC PHASES: A. World Health Organization, WHO 1. In nature, influenza viruses circulate continuously among animals, especially birds. Even though such viruses might theoretically develop into pandemic viruses, in Phase 1 no viruses circulating among animals have been reported to cause infections in humans. 2. In Phase 2 an animal influenza virus circulating among domesticated or wild animals is known to have caused infection in humans, and is therefore considered a potential pandemic threat. 3. In Phase 3, an animal or human -animal influenza reassortant virus has caused sporadic cases or small clusters of disease in people, but has not resulted in human - to -human transmission sufficient to sustain community -level outbreaks. Limited human -to -human transmission may occur under some circumstances, for example, when there is close contact between an infected person and an unprotected caregiver. However, limited transmission under such restricted circumstances does not indicate that the virus has gained the level of transmissibility among humans necessary to cause a pandemic. 3 GULF STREAM POLICE DEPARTMENT — Pandemic Influenza SOP # 37.03 4. Phase 4 is characterized by verified human -to -human transmission of an animal or human -animal influenza reassortant virus able to cause "community -level outbreaks." The ability to cause sustained disease outbreaks in a community marks a significant upwards shift in the risk for a pandemic. Any country that suspects or has verified such an event should urgently consult with WHO so that the situation can be jointly assessed and a decision made by the affected country if implementation of a rapid pandemic containment operation is warranted. Phase 4 indicates a significant increase in risk of a pandemic but does not necessarily mean that a pandemic is a foregone conclusion. 5. Phase 5 is characterized by human -to -human spread of the virus into at least two countries in one WHO region. While most countries will not be affected at this stage, the declaration of Phase 5 is a strong signal that a pandemic is imminent and that the time to finalize the organization, communication, and implementation of the planned mitigation measures is short. 6. Phase 6, the pandemic phase, is characterized by community level outbreaks in at least one other country in a different WHO region in addition to the criteria defined in Phase 5. Designation of this phase will indicate that a global pandemic is under way. 7. During the post -peak period, pandemic disease levels in most countries with adequate surveillance will have dropped below peak observed levels. The post -peak period signifies that pandemic activity appears to be decreasing; however, it is uncertain if additional waves will occur and countries will need to be prepared for a second wave. Previous pandemics have been characterized by waves of activity spread over months. Once the level of disease activity drops, a critical communications task will be to balance this information with the possibility of another wave. Pandemic waves can be separated by months and an immediate "at -ease" signal may be premature. 4 GULF STREAM POLICE DEPARTMENT — Pandemic Influenza SOP # 37.03 8. In the post -pandemic period, influenza disease activity will have returned to levels normally seen for seasonal influenza. It is expected that the pandemic virus will behave as a seasonal influenza virus. At this stage, it is important to maintain surveillance and update pandemic preparedness and response plans accordingly. An intensive phase of recovery and evaluation may be required. V. PROCEDURES: A. Employee Preparation, Planning & Best Practices 1. Family Planning: You can prepare for an influenza pandemic now. You should know both the magnitude of what can happen during a pandemic outbreak and what actions you can take to help lessen the impact of an influenza pandemic on you and your family. This checklist will help you gather the information and resources you may need in case of a flu pandemic. a) To Plan For A Pandemic: Store a supply of water and food. During a pandemic, if you cannot get to a store, or if stores are out of supplies, it will be important for you to have extra supplies on hand. Ask your doctor and insurance company if you can get an extra supply of your regular prescription drugs. Have any nonprescription drugs and other health supplies on hand, including pain relievers, stomach remedies, cough and cold medicines, fluids with electrolytes and vitamins. Talk with family members and loved ones about how they would be cared for if they got sick or what will be needed to care for them in your home. 5 GULF STREAM POLICE DEPARTMENT — Pandemic Influenza SOP # 37.03 b) To limit the spread of germs and prevent infection: (1) Wash hands frequently with soap and water. Cover coughs and sneezes with tissues. (2) Stay away from others as much as possible if they are sick. (3) Stay home from work and school if sick. c) Examples of food and non -perishables to have on hand for an extended stay at home. (1) Ready -to -eat canned meats, fruits, vegetables and soups (2) Protein or fruit bars (3) Dried fruit (4) Crackers (5) Canned juices (6) Bottled water (7) Canned or jarred baby food and formula (8) Dry cereal or granola (9) Peanut butter or nuts d) Examples of medical, health, and emergency supplies: (1) Prescribed medical supplies such as glucose and blood -pressure monitoring equipment (2) Soap and water or alcohol -based hand wash (3) Medicines for fever, such as acetaminophen or ibuprofen (4) Thermometer (5) Anti -diarrhea medication (6) Vitamins (7) Fluids with electrolytes (8) Cleansing agent/soap (9) Flashlight (10) Batteries (11) Portable radio (12) Manual can opener (13) Garbage bags (14) Tissues, toilet paper and disposable diapers 21 GULF STREAM POLICE DEPARTMENT — Pandemic Influenza SOP # 37.03 2. Child Care Planning To minimize the effect of any disease outbreak, the Health Department may authorize disease control measures that include a broad array of actions. Isolation, quarantine orders and social distancing measures are likely to be used in a pandemic influenza event. In addition to closing large social gatherings, community events, and others, schools and large day care centers may be closed as a social distancing strategy. It is anticipated that this action would occur in coordination with any countywide emergency proclamation. School and daycare closure is expected to have a significant cascading effect on staff absenteeism in both the private and public sectors. The Town of Gulf Stream must be prepared for a reduction in its staff resulting from healthy parents staying home to take care of healthy children or other healthy dependants. In the event that this occurs, staff should be informed of expectations, depending upon their department designation as Patrol Division or other town employees. If schools and daycare centers are closed, employees will not be allowed to bring their children to work. a) Patrol Division: must report to work, notwithstanding school and daycare closures. All Patrol personnel should have a family care succession plan in place. 7 GULF STREAM POLICE DEPARTMENT — Pandemic Influenza SOP # 37.03 B. Command Center and Field Operations In an emergency situation, such as a Pandemic Influenza Emergency, each employee must know their assigned duties and responsibilities. Unlike hurricanes and other short term disasters a pandemic can affect the Town for months and/or up to a year. Therefore, during a Pandemic Emergency, Command Center and Field Operations will be conducted in a "normal' mode until conditions dictate otherwise. During the initial phases of a Pandemic Emergency in other parts of the world, United States, Florida, Palm Beach County, and/or the Town of Gulf Stream may go unaffected. At such time when cases begin affecting Palm Beach County residents we will begin to employ more aggressive prevention techniques and possibly a modification of work schedules. Upon the Pandemic Emergency affecting Town residents and employees strict adherence to protective measures will be required. 1. The Command Center is the central facility for coordinating and controlling Town responses during a Pandemic Emergency. 2. The Primary Command Center will be located in the Town of Gulf Stream Emergency Operations Center. C. Succession Planning The following section provides guidance and direction to assist all divisions and work units to develop plans for identification of essential functions, lines of management succession and delegation of authority in the event of a Local State of Emergency for Pandemic Influenza. 1. Chief: Lieutenant (Second in Command) 2. Lieutenant — Sergeant(s) — Patrol Officers 3. Sergeants - Patrol Officers Code Enforcement 4. Code Enforcement 8 GULF STREAM POLICE DEPARTMENT — Pandemic Influenza SOP # 37.03 D. Alternative Work Schedules 1. Alternative work schedules may be implemented to enhance social distancing, business continuity or other pandemic response goals as follows: a. In addition to regular full-time employees, casual employees may work alternative schedules. b. The Chief of Police shall review employee's normal business hours and work schedules to determine if they can be modified in a manner that best promotes social distancing, business continuity or other pandemic response goals during an emergency. C. If feasible, supervisors should first ask for employees to volunteer to work hours other than their usual schedule. Where certain work schedules cannot be staffed, the Chief of Police may direct staff to work the schedules necessary. d. Regular work schedules may be changed by a supervisor subject to a 24 hour cancellation notice, when possible, upon the proclamation of a Local State of Emergency for Pandemic Influenza. If less than a 24 hour notice is necessary, the Chief of Police and/or Lieutenant (Second in Command) may make such changes. e. Alternative work schedules may be changed by a supervisor subject to a 24 hour cancellation notice upon the declaration of a Local State of Emergency for Pandemic Influenza, when possible. If less than a 24 hour notice is necessary, the Chief of Police and/or Lieutenant (Second in Command) may make such changes. f. Supervisors are encouraged to work with staff to minimize the impacts of decisions affecting schedule changes. N GULF STREAM POLICE DEPARTMENT — Pandemic Influenza SOP # 37.03 g. Alternative work schedules may be processed via email, fax or telephone. Approved schedules shall also be formally documented. Such documentation should occur within one week of the start of an alternative schedule or as soon as practicable thereafter. A supervisor may document the change via email, memorandum, or fax. E. Minimum Staffing Guidelines The Town of Gulf Stream Police Department could see employee absenteeism rates between 25%-50% during a Pandemic Influenza Emergency. Minimum staffing guidelines will not automatically change during an emergency of this type. However, The Chief of Police or his designee may reduce minimum staffing requirements based on employee absenteeism due to pandemic related illness. F. Mass Fatality 1. The PBC Medical Examiner is the lead agency for organization and mobilization of recovery and morgue activities (multiple deaths) operations during mass casualty emergencies. 2. The Medical Examiner's Mass Fatality Management Tasks include: a. Determine the numbers of fatalities and location(s). b. Implement and coordinate the County's Multiple Death/Mass Fatality Operations Plan. C. Identification, registration, and disposal of the dead. d. Establishment of temporary morgues. e. Establishment of facility collection areas to facilitate recovery operations. f. Identify mass burial sites, as required. g. Protect the property and personal effects of the deceased. h. Provide data to Law Enforcement for notification of relatives. i. Establish and maintain a comprehensive record keeping system for continuous updating and recording of fatality numbers. 10 GULF STREAM POLICE DEPARTMENT — Pandemic Influenza SOP # 37.03 3. The Town EOC will support the PBC Medical Examiner actions, when requested, and within Town capabilities. Assistance may include: a. Identification of the scope of the mass fatality operation. b. Establishing a collection system. C. Establishing temporary morgue facilities, staging areas and storage facilities. d. Potential temporary morgues include existing large garages, refrigerated trucks/trailers/containers. e. Temporary morgue and storage sites will be removed from public view and guarded. Consideration will be made for use of existing secure facilities if available. f. The Town EOC will coordinate the movement and integration of state and federal resources into the affected Town area. 4. Decontamination. a. The PBC Medical Examiner will determine the appropriate decontamination measures and recommend appropriate options for the disposition of the deceased. b. All personnel must follow the guidance of the PBCHD and Medical Examiner for the wearing of personal protective equipment when handling remains. 5. Disposition of the Deceased. a. The final disposition of corpses is dependent on the total number of deaths, the public health concerns associated with large numbers of dead, and the nature of the pandemic flu or health event. 6. Options for disposition include: a. Burial by family members, if burial can be done in a timely fashion, and there is no threat to public health. b. Mass burial. C. Cremation. d. Mass Cremation. GULF STREAM POLICE DEPARTMENT — Pandemic Influenza SOP # 37.03 7. Disposition of the Deceased. a. The final disposition of corpses is dependent on the total number of deaths, the public health concerns associated with large numbers of dead, and the nature of the pandemic flu or health event. 8. Options for disposition include: a. Burial by family members, if burial can be done in a timely fashion, and there is no threat to public health. b. Mass burial. C. Cremation. d. Mass Cremation. G. Avian Flu Pandemic Dead Bird Protocol 1. Single Native Dead Birds If a single native bird such as an egret, blue jay, crow, sparrow or cardinal is found dead, it is best disposed by picking it up with a shovel or gloved hands, placing it in a plastic bag and burying or discarding in the trash. Always wash hands thoroughly after disposal. There is no need to report those birds as they are not currently thought to play a significant role in the transmission of avian (bird) influenza. On private property, the property owner, or Association is responsible for disposing of dead birds, while the Public Works Department is responsible for disposing of dead birds on Public property. The use of lakes, ponds, or canals will not generally be restricted until and unless there is a significant change in the science or epidemiology of this disease. Restrictions should be considered under the following circumstances: a. Where there is clear evidence of heavy fecal contamination in relatively small volume waters (especially if stagnant), b. Where avian influenza viruses may be known to be circulating in wildfowl in the area. 12 GULF STREAM POLICE DEPARTMENT — Pandemic Influenza SOP # 37.03 2. Multiple Dead Birds Should multiple dead birds be found within a park or public grounds, the public should be isolated from the dead birds. The park may remain open while the public is kept temporarily out of the immediate area where the die -off occurred. The Public Works Department shall take the following actions: a. Clean any hard standing areas where birds were found to reduce the risk of contamination of the public. Mechanical sweeping and/or plain water wash down is sufficient. b. Re -admit the public after the birds are removed and cleaning of hard standing areas has been undertaken. C. Regularly clean hard standing areas where birds habitually defecate (for example places where the public often hand feed birds) to reduce the risk of contamination to the members of the public. It is not necessary to use disinfectants or vermicides, mechanical sweeping; plain water wash down is sufficient. d. Conduct regular inspections to identify dead birds and promptly remove and dispose of them. There should be no restrictions on the use of lakes, ponds, or canals except where there is clear evidence of heavy fecal contamination in relatively small volume waters (especially if stagnant); in this area, discretion should be exercised in preventing access or use of such waters. Where such restrictions are being considered, the advice of the Palm Beach County Health Department should be sought. 13 GULF STREAM POLICE DEPARTMENT — Pandemic Influenza SOP # 37.03 Should the PBCHD identify the presence of infected birds in the County, the following precautions will be taken by the Public Works Department to remove dead bird(s). The employee shall: (1). Not touch the bird with bare hands. (2). Wear disposable protective gloves when picking up and placing the dead bird in a suitable plastic bag, preferably leak proof. (Care should be taken not to contaminate the outside of the bag. If disposable gloves are not available, a plastic bag can be used as a make -shift glove. When the dead bird has been picked up, the bag can be turned back on itself and tied.) (3). Tie the bag and place it in a second plastic bag. (4). Remove gloves by turning them inside out and then place them in the second plastic bag. (5). Dispose of in the refuse bin. (6). Wash hands thoroughly with soap and water. (7). Wash clothing that has been in contact with the dead bird using ordinary washing detergent at the temperature normally used for washing the clothing. (8). Thoroughly clean any contaminated indoor surfaces with normal household cleaner. 14 GULF STREAM POLICE DEPARTMENT — Pandemic Influenza SOP # 37.03 H. Inspection of Department Equipment for use in Pandemic Influenza Emergencies 1. The Lieutenant or designee will conduct an inspection of Town equipment identified for use in a Pandemic Influenza Emergency, by January 15' of each year. 2. A copy of the inspection will be forwarded to the Chief of Police for review. I. Failing to Report During A Declared Emergency 1. During a declared emergency, including Pandemic Influenza, an employee will be deemed to have voluntarily resigned from employment with the Town if the following occurs: a. Failing to report for work following an in-person or electronic notification to do so, without an excused absence. b. In the context of failure to report during a declared emergency, only the Town Administrator or Chief of Police may grant an excused absence and only for a good cause shown. Matters such as severe personal or family danger, illness, injury and death will be given due consideration. Matters, such as pre - planned vacation, schools, conferences or minor damage, illness or injury shall not be deemed sufficient to warrant the granting of an excused absence. Original issue 07/01/09 15 Garrett J. Ward, Chief of Police GULF STREAM POLICE DEPARTMENT -Seizures and Forfeitures SOP # 38.01 SEIZURES AND FORFEITURES EFFECTIVE: 07/01/07 I. POLICY: The department has established guidelines for the seizure and forfeiture of vehicles, vessels, aircraft, money, and/or property pursuant to Florida State Statute Chapter 932.701-932.707, Florida Contraband Forfeiture Act. The department acknowledges that law enforcement is the principal objective of asset forfeiture and the potential for obtaining revenues from forfeitures must not override fundamental considerations such as public safety, the safety of law enforcement officers, investigation and prosecution of criminal activity, and respect for the rights of individuals as provided bylaw. II. ADMINISTRATION OF SEIZURES AND A. Seizure and forfeiture of vehicles, vessels, aircraft, money, and property will be under the control of the Chief of Police. B. The Chief of Police will serve as the police department's liaison with the Town Attorney to ensure that seized vessels, property and money are handled properly in accordance with the Florida Contraband Forfeiture Act. C. The Chief of Police will ensure that forfeiture procedures are properly executed where circumstances dictate forfeiture action be applied. D. The determination of whether to file a civil forfeiture action will be the responsibility of the Chief of Police or a designee. III. CRITERIA FOR SEIZURE: A. The department will pursue forfeitures and seizures for items involved in violation(s) of law committed within the Town of Gulf Stream that fall under the Florida Contraband Forfeiture Act. B. Due to the expenses required to pursue forfeiture proceedings for items, the following values of the described property types should be used as a guideline when considering seizure for forfeiture: 1. Vehicles: $2,500 2. Aircraft: $5,000 lur 3. Vessels: $5,000 4. Real Property: $10,000 5. Other Items, i.e., cash ($500.00), jewelry, securities etc. a. If the seizing officer feels property that does not meet or exceed the above values should be seized, the officer will contact the supervisor to make a determination to seize the property, provided all of the requirements for seizure have been met. A. Any item seized, as contraband will be handled as evidence as provided by department directives concerning property and evidence control and vehicle storage and inventory. All receipts, evidence sheets, Vehicle Storage Receipts (VSR), and inventory forms will be marked "hold for forfeiture." 1. After an item is seized, the officer will complete an offense report specifying all acts relevant to the seizure including: a. Names and addresses of all witnesses. b. All information concerning ownership, claimed ownership, or custodianship of the item. c. Copies of any affidavits and search warrants executed in the case. d. Copies of any lab reports and/or test results in the case e. Copies of any deeds, vessel or vehicle titles and/or registrations, and any property receipts. f. If the item seized is a vehicle, vessel or aircraft, a Vehicle Storage Receipt (VSR), will be attached. B. Florida State Statutes require that notification of intent to pursue forfeiture proceedings are provided at the time of seizure or by certified mail, return receipt requested, within five (5) working days after the seizure to all interested parties. Page 1 of 4 GULF STREAM POLICE DPEARTMENT-Seizures and Forfeitures SOP # 38.01 C. All reports will be completed and forwarded to the Chief of Police on the same day as the forfeiture. 1. If unusual circumstances exist that prevent the officer from complying with this requirement, the Chief of Police will be advised, in writing, of the anticipated forfeiture. The minimum documentation will be forwarded to the Chief of Police within 72 hours of the seizure, including: a. An offense report, b. Evidence/Property Report, c. VSR, if applicable, d. Probable Cause Affidavit, if an arrest was made, D. The Chief of Police or designee will submit the information to the Town Attorney for any necessary legal action. E. Storage of vehicles, aircraft and vessels: 1. When a vehicle is seized for forfeiture, the vehicle will be towed to the public works facility, if possible. a. Every effort should be made to obtain ignition keys for vehicles. The keys will be forwarded to the Chief of Police by the seizing officer. b. If the seized vehicle is to be processed, processing will be done at the scene or at another location at the discretion of the supervisor or an investigator. 2. If a vessel or aircraft is seized, it will be the responsibility of the seizing officer's supervisor to insure it is adequately secured and protected until arrangements can be made for storage during the forfeiture proceedings. 3. A VSR will be completed for any vehicle, vessel, or aircraft seized. The inventory section of the VSR will be completed and all portable personal property will be removed. The seizing officer will be responsible for completing an evidence/property receipt and submitting the property to the Property and Evidence Section as soon as practical. 4. Personal property not being held for evidence or seizure shall be immediately returned to the owner or other person entitled by law to possess the property. a. If personal property is authorized for release, the identity of the rightful owner and/or lawful possessor must be provided and a property receipt completed. b. If the owner is unknown, has been arrested, or is otherwise unavailable to take possession of the property, it will be placed in the Property and Evidence Section to be returned to the owner at a later date or handled pursuant to the applicable provisions in Florida State Statutes. 5. Any property seized as evidence will be packaged and entered into evidence separate from any personal property. 6. When vehicles or vessels are seized for forfeiture, the officer handling the seizure paperwork must ensure the identification number is obtained from the vehicle or vessel itself and verged against the registration or registration printout FCIC. 7. A title and lien check will be completed on any vehicle or vessel impounded by the Chief of Police or designee. 8. All VSR's will be forwarded with the appropriate keys to the Chief of Police. V. SEIZURE OF REAL PROPERTY: A. Real property may not be seized or restrained, other than by lis pendens, subsequent to a violation of the Florida Contraband Forfeiture Act until the persons entitled to notice are afforded the opportunity attend a pre -service adversarial preliminary hearing which shall be held within ten (10) days of the filing of the lis pendens or as soon as practical thereafter. 1. The Chief of Police or designee will promptly notify the Town Attorney's office of any intent to seize real property so the Town Attorney may comply with those procedures described in this paragraph. B. The Chief of Police or designee will contact Page 2 of 4 GULF STREAM POLICE DEPARTMENT -Seizures and Forfeitures SOP # 38.01 the Town Attorney for the following: 1. Notice to the property owner that the property is subject to forfeiture; 2. Filing a Notice of Lis Pendens with the Clerk of Court on the subject property; 3. A complete title search on the subject property to determine ownership and equity interests; 4. An appraisal of the real property; and 5. Security and maintenance of the property with a property management company. VI. MANAGEMENT OF FORFEITURE ACTIONS: A. The Chief of Police will coordinate with the Town Attorney handling the forfeiture action and the attorney will: 1. Promptly review all copies of reports related to the procedure and make an evaluation of the department's probable cause determination. 2. As soon as practical, determine whether to proceed with the forfeiture or to release the seized property to the lawful owner or possessor. 3. Upon determination to proceed with the forfeiture, promptly proceed against the seized property by filing a forfeiture action or entering into a settlement agreement. 4. Upon the determination not to proceed with a forfeiture action, the Town Attorney will notify the Chief of Police and seized property, absent evidentiary value to a pending criminal case and absent any settlement to the contrary, shall be released to the lawful owner or his or her designee by the evidence custodian upon proper notification. B. If any additional investigative follow-up is needed, the original investigating officer will be contacted by the Chief of Police. 1. The investigation will remain the responsibility of the investigating officer who may seek assistance from other member(s) of the department. VII. RELEASE OF SEIZED PROPERTY: A. If at the conclusion of a forfeiture proceedings the claimant is awarded the seized property, the seized property will be immediately released to the person entitled to possession of the property as ordered by the court with jurisdiction over the matter and upon presentation of the court's Order. Under these circumstances, the claimant will not be assessed any towing charges, storage fees, or administrative costs. B. In all other instances, if a seized vessel, vehicle, aircraft, or real property is to be released to the lawful owner, the owner will be assessed towing, storage, administrative, and maintenance costs of the seized property. VIII. USE OF FORFEITED ITEMS: A. Items forfeited may be converted to department use, sold with revenues realized, retained for department use under certain conditions, or transferred to another public or nonprofit organization as governed by Florida Statute. B. No seized item or vehicle will be used or assigned until forfeiture proceedings are complete in the Circuit Court, except to ensure the item or vehicle is maintained in good working order. C. Departmental use of any forfeited vehicle must be approved by the Chief of Police before the vehicle is placed in service. D. Once an item is placed into service, the property will be subject to the same controls as property obtained through the department's normal acquisition process. E. Any forfeiture proceeds will be maintained in a special fund as required by Florida Statute. These monies will be subject to the normal accounting controls and financial audits of all deposits and expenditures. These proceeds will not be used to meet the normal operating requirements of the department as required by statute. F. Requests for expenditures of funds realized through forfeiture or sale will be made to the Chief of Police via the chain of command. Page 3 of 4 GULF STREAM POLICE DPEARTMENT-Seizures and Forfeitures SOP # 38.01 IX. EQUITABLE SHARING OF FEDERALLY FORFEITED PROPERTY: A. The department participates in the Department of Justice Forfeiture Program when involved in joint investigations with federal agencies where property and/or cash is seized. 1. The investigating officer completes the "Application For Transfer Federally Forfeited Form" (DAG -71). 2. The Chief of Police reviews and signs the form and forwards it to the Town Attorney. 3. The Town Attorney reviews and signs the form. 4. The signed original is returned to the Chief of Police who sends it to the appropriate federal agency. B. The Chief of Police is responsible for tracking the request until a check is received from the Federal Government. Original issue: 07/01/07 X. C. The check will be deposited into the appropriate account. D. All expenditures of funds received will be at the direction of the Chief of Police and subject to all Federal guidelines and established internal accounting controls of the Town of Gulf Stream. E. The "Federal Annual Certification Report" is completed showing a list of approved expenditures. F. When the report is completed, it is signed by the Law Enforcement Agency head or designee and the Governing Body Head or designee and returned to the Federal Government (Department of Justice, Department of Treasury and United States Attorney). F.S.S. 932.701-707, Florida Contraband Forfeiture Act. SOP # 36.01 Property and Evidence Management. Garrett J. Ward, Chief of Police Page 4 of 4 GULF STREAM POLICE DEPARTMENT -Vehicle Impoundment Ordinance SOP # 38.02 VEHICLE IMPOUNDMENT ORDINANCE EFFECTIVE: NOT USED AT THIS TIME E.A. I. POLICY: The department has established guidelines for the use and enforcement of the Town of Gulf Stream Vehicle Impoundment Ordinance. The ordinance provides for the seizure and impoundment of any vehicle utilized in illegal narcotics/controlled substance or prostitution related crimes. The impounded vehicle may be returned to the owner or his/her agent or authorized representative, after an administrative civil penalty of $250.00, plus towing and storage costs are paid, or after an administrative hearing is held as outlined in the ordinance. II. PROCEDURE: A. A motor vehicle will be impounded pursuant to town ordinance when a police officer has probable cause to believe that the vehicle: 1.Contains any controlled substance or cannabis as defined in FSS 893; or 2. Was used in the purchase, attempt to purchase, sale, or attempt to sell controlled substance or cannabis; or 3. Was used to facilitate the commission of an act of prostitution, assignation, or lewdness as defined in FSS 796.07; or 4. Was being operated by a person driving under influence (DUI) as defined in FSS 316.193; or 5. Was being operated by a person driving with a revoked driver's license (Habitual Offender) pursuant to FSS 322.264 as defined in FSS 322.34(5); or 6. Was being operated by a person driving with permanently revoked driver's license as defined in FSS 322.341. B. Upon impounding a motor vehicle under this procedure, the officer will: 1. Have the motor vehicle towed by a tow service to their storage facility or a town owned or controlled facility. The officer will complete a vehicle storage report (VSR) and indicate on the VSR that there is a hold on the vehicle and it should not be released without authorization from the department; and 2. Notify in writing the person determined to be the owner of the vehicle and any person found in control of the vehicle at the time of impoundment of the facts of the impoundment as well as the right to reclaim the vehicle and/or request a preliminary hearing pursuant to the town ordinance. a. The notice will be hand -delivered at the time of impoundment. If the officer is unable to hand -deliver notice at the time of impoundment, the registered owner will be notified by the Chief of Police or designee. Notice will be mailed out within forty-eight (48) hours, excluding Saturdays, Sundays and legal holidays. 3. The impounding officer will make a copy of the VSR and placed in the Chief of Police box in Administrative Services, prior to going off duty. C. Return of the vehicle prior to an administrative hearing: 1. If the owner of the vehicle or his/her representative pays the two hundred fifty ($250.00) administrative penalty, the department will release the hold on the vehicle and the owner can claim the vehicle. The owner is responsible for towing and storage fees at the tow facility. a. Administrative Services will accept payments during regular business hours and the supervisor will accept payments during all other hours. b. All payments will be made in cash, bank check, or money order made out to the Town of Gulf Stream. No Personal checks will be accepted. Page 1 of 4 GULF STREAM POLICE DEPARTMENT -Vehicle Impoundment Ordinance SOP # 38.02 2. The member accepting payment will complete the Vehicle Return Receipt (Appendix B) and have the owner or representative sign the form. A copy will be provided to the owner or representative. 3. The payment will be placed in an envelope with the case number and placed into locked storage. 4. The Vehicle Return Receipt will be placed in the Chief of Police box in Administrative Services and the tow company will be notified that the vehicle can be released. 5. The Chief of Police or designee will be responsible to log and track all vehicles impounded by the police department pursuant to ordinance. D. Administrative Hearings: 1. The ordinance provides for an administrative hearing where the owner may contest or appeal the civil penalty. The owner must request an administrative hearing, in writing, to the Town Attorney, Town of Gulf Stream, 100 Sea Road, Gulf Stream, Florida 33483. a. The vehicle will remain impounded until the administrative penalty is posted or a decision is rendered in the administrative hearing. b. An administrative hearing can be requested even if the penalty is posted and if the owner prevails in the hearing, the penalty will be refunded. E. Deposit of Payments: 1. The Chief of Police or designee is responsible to obtain administrative penalty payments from the locked storage. Monday through Friday, except holidays. Original Issue: 311/2005 The Chief of Police will account for each payment and enter the payment into the designated log. b. The Chief of Police or designee will prepare the payments for deposit and take to the town finance department for deposit into the police department's Law Enforcement Trust Fund. c. The Chief of Police will be responsible for the accounting of deposits and auditing the designated police department account. 7.01 Fiscal Management 22.02 Towing and/or Impoundment of Vehicles 38.01 Seizure and Forfeiture Garrett J. Ward, Chief of Police Page 2 of 4 GULF STREAM POLICE DEPARTMENT -Vehicle Impoundment Ordinance SOP # 38.02 /1707,G1E'1 Page 3 of 4 GULF STREAM POLICE DEPARTMENT -Vehicle Impoundment Ordinance SOP # 38.02 FOUVANDIVA:1 prepare the Page 4 of 4 GULF STREAM POLICE DEPARTMENT -Uniform Standard of Dress SOP # 50.01 UNIFORM AND PLAIN CLOTHES ATTIRE, EQUIPMENT AND APPEARANCE POLICY EFFECTIVE: 07/01/07 I. POLICY: The Gulf Stream Police Department requires all members' appearance to be neat, well groomed and professional. The dress and equipment used by members of the police department will be properly maintained so that a positive image is projected. II. UNIFORMS WORN BY OFFICERS: A. Sworn members will be provided an original standard issue of uniforms and equipment ( Appendix A). 1. Members will be issued additional uniforms and equipment specific to their assignment, as required. III. ISSUANCE OF UNIFORMS AND EQUIPMENT: A. Chief of Police or designee will be responsible for ensuring that all sworn personnel receive their initial issue of uniforms, equipment, and related supplies. B. The Chief of Police or designee will be responsible for the issuance of all firearms and ammunition. C. All issued, non -expendable items remain the property of the Town of Gulf Stream Police Department and will be returned upon separation (resignation, dismissal, termination), or upon request. IV. UNIFORM REGULATIONS FOR POLICE OFFICERS: A. Only sworn police personnel are to wear any item of clothing that identifies the person as a police officer for this department. B. The regulation uniform shirt will be navy blue, short sleeves and will be worn with only the top button unbuttoned. Regulation uniform shirts will have the department patch on both sleeves. 1. White shirts with departmental patches may be worn by the Chief of Police and Lieutenant. 2. Uniform shirts for sergeants will have chevrons on each sleeve under the department patch. 3. The department issued polo style shirt may be worn for special assignments at the discretion of the Chief. The shirt will be worn with only the top button unbuttoned. C. The regulation uniform pants will be navy blue. D. Dress long sleeve navy blue shirts, dress tie and hat will be issued and worn for ceremonial purposes and when deemed appropriate by the Chief of Police or designee. E. The police badge (shield) is to be worn centered above left pocket of the shirt. F. The name plate is to be worn centered, immediately above the right pocket of the shirt. G. Other pins, insignias, or decorations approved to be worn on the uniform shirt will be worn as follows: 1. Awards Bars will be worn with highest ranking bar at the top, centered below the badge on the left side. a. Three (3) or less award bars will be worn centered on the left pocket flap. b. Up to five (5) award bars will be worn on an issued leather display attached below the badge. c. Field Training Officer (FTO) pin will be worn below the badge or on the issued leather display, if applicable. 2. The Chief of Police or designee may authorize the special occasion wear of an approved special or commemorative insignia (i.e., ribbons, flags, badges or pins), designate the location worn, and the duration of time the item may be worn. H. The portable radio microphone holder, worn by the officer, will be attached to the epaulet or the front of the uniform shirt. Page 1 of 6 GULF STREAM POLICE DEPARTMENT -Uniform Standard of Dress I. Soft body armor will be worn under the uniform shirt so it is not visible outside of the uniform. 1. When another color undershirt is worn, it will not be visible outside of the uniform shirt. J. A uniform jacket will be issued and worn as needed. All jackets will have the department patch on both sleeves. K. A baseball style cap with "Gulf Stream Police" may be worn during special assignments at the direction of the chief. L. A gun belt with holster, ammunition pouches, handcuff case, portable radio holder, baton holder, O. C. spray holder and four belt keepers will be issued. Belt keepers, Velcro or snap type, are worn where necessary to support the gun belt. The remaining items will be on the belt: 1. Handcuff case, 2. Department approved holster, which will be worn on strong hand side of belt, 3. Optional mini -flashlight holder, gloves, knife case and knife or optional second single handcuff case, 4. Department issued portable radio holder, 5. Magazine pouch(s) with magazine(s) in a vertical or horizontal carrying position, and 6. Baton holder and OC spray holder may be worn on either right or left side of body. M. Duty firearm fully loaded. N. Handcuffs and key. O. Portable radio and lapel microphone, if available. P. Expandable friction lock baton, O. Plain toed smooth black shoes, athletic type shoes or boots. R. Black or navy blue socks. S. Traffic whistle. T. Full finger black leather or Kevlar gloves may be worn for safety and protection. Black leather or Kevlar gloves may not be worn during routine assignments. They are to be worn during specific police functions such as search warrants or searches of contaminated persons or property. 1. Weighted gloves are prohibited. Colored gloves are prohibited, except for orange gloves for use in traffic direction. U. Police identification. V. Valid Florida Driver License. W. All officers will have access to the following items: 1. Flashlight, 2. Florida Criminal Law and Motor Vehicle Handbook, 3. Gulf Stream Police Department Procedures Manual, and 4. All department report forms and other forms necessary to perform the duties of a police officer. X. All officers will carry a note pad, courtesy cards, field interrogation cards, and black ink ball point pen. V. UNIFORM APPEARANCE: A. Uniforms will be properly fitted, clean, neat, well pressed, and in good repair. B. Uniform members will wear the department issued uniform and equipment in strict conformity to Rules and Regulations. C. Uniforms will be altered to fit the member by the vendor at the time of order. 1. If members decide to alter any uniform after it is issued, the member will pay for the alteration. 2. Uniformed items will not be altered for any reason other than to ensure proper fit. D. Undergarments will not be worn so that they are visible outside of the uniform. E. Members will not mix civilian clothing with the official uniform, on or off duty. Page 2 of 6 GULF STREAM POLICE DEPARTMENT -Uniform Standard of Dress SOP # 50.01 F. Metal accessories worn with the uniform will be kept clean and shined. G. Shoes/boots and leather goods will be kept clean and well polished. H. Only an approved jacket will be worn. I. Members attending criminal court hearings or trial will wear their regulation uniform, dress suit, or sports coat and tie. 1. Members attending depositions or traffic court hearings may wear the optional patrol uniform (department polo ) or appropriate casual business attire (collared shirt and dress pants). J. Members will not wear the official uniform outside the county except when necessary to perform official duties or with the approval of a Chief of Police. K. Members may wear plain clothes or the uniform while an route to and from work. L. Wearing or using any uniform or issued equipment including garments, handcuffs or weapons for additional employment will not be allowed unless it is an approved special detail. M. Members may wear sunglasses while in uniform. Frames should be conservative in appearance. VII. PLAIN CLOTHES ATTIRE FOR SWORN PERSONNEL: A. All members will dress in a casual business like manner while on duty or representing the Gulf Stream Police Department. 1. Male: a. Button up dress shirt with tie or department issued polo style shirt. The shirt must have a collar. b. Dress or casual slacks, no denim jeans. c. Dress shoes, deck shoes or boots. 1) Moccasins, thongs, sandals, etc. are forbidden. d. Socks must be worn. 2. Female: a. Conservative dresses, skirt and blouse, slacks and blouses, or pantsuits. b. Blue denim jeans, micro mini -skirts, halter -tops, or non- uniform shorts will not be worn. c. All footwear must complement the clothing worn. 1) Moccasins, thongs, sandals, etc. are forbidden. d. All shirts, slacks or pants will be worn securely buttoned and/or zipped. e. All hosiery/socks worn and exposed above the foot will complement the clothing being worn. 3. Exceptions to these clothing requirements may be granted by the Chief of Police on a special purpose, limited time basis to meet a specific need or as a special privilege. B. Members assigned to plain clothes or non- uniform duty will be the responsible for the care and maintenance of their clothing. C. Members not conforming to the foregoing standards are subject to disciplinary action. D. Police personnel assigned to a investigator position will be required to dress in a professional manner, depending on the assignment and the required duties of their position. They will keep a coat and tie in their office in case of a court appearance. The Chief of Police has the authority to set the dress code for investigators based on operational needs. E. All non -uniformed sworn members who wear exposed firearms are required to wear their badge displayed and have department identification readily available. F. All non -uniformed police officers are required to have a complete uniform and equipment available to them at the police station. G. The Chief of Police will be the final authority as to any deviation, change, or alteration of any duty uniform or attire worn by members of this Page 3 of 6 GULF STREAM POLICE DEPARTMENT -Uniform Standard of Dress SOP # 50.01 department. VIII. MAINTENANCE, REPLACEMENT, LOSS, OR DAMAGE TO UNIFORMS AND EQUIPMENT: A. All issued uniforms and equipment will be kept clean and in good repair. B. Members will notify their supervisor of any damaged uniforms or hazardous, defective, or damaged equipment. C. Replacement of uniforms, leather/nylon goods or equipment due to normal wear and use will be handled through the member's supervisor, who will inspect the uniform items and, if warranted, submit a department request for supplies to the Chief of Police. 1. The Chief of Police or designee will review the request and authorize the member to obtain a replacement from the uniform supplier. D. Lost equipment will be documented in an Offense Report. The report will be forwarded through the chain of command. 1. The replacement of lost or damaged personally owned items and equipment caused by negligence of a member will be the responsibility of that member. 2. Whenever department property is lost or damaged by a member, an administrative investigation will be conducted by the member's immediate supervisor to determine if the loss or damage was due to negligence on the part of the member. a. The replacement cost may be assigned to a member if negligence was determined. E. No member of the Gulf Stream Police Department will sell, give, exchange, or trade police uniforms or equipment to anyone outside of the department without written authority from the Chief of Police. F. No member will have in his or her possession any town or department key not specifically issued to that person. IX. APPEARANCE & GROOMING: A. While on duty, unless expressly authorized by competent authority, all members of the department will be well groomed and clean. Dyed hair must be a natural human color. All members will conform to the following standards of appearance: 1. Hairstyles - male/sworn: a. Hair will be neat, clean and styled to present a groomed appearance. b. The length of the hair on the side of the head may not extend outward beyond the outermost edge of the top of the ear, must be affixed in a manner that does not cover any part of the ear, and the hair may be trimmed to allow the hair to be combed or brushed over the top and behind the ear. c. Hair will be evenly trimmed and will not be teased or brushed as to stand more than one and one half inches from the head and will be tapered proportionately along the sides and the back of the head. The hair will not extend at any point below the shirt collar at the back of the neck or protrude onto or over the ears. d. Sideburns will not extend below the bottom of the ear. The sideburns will be tapered to the contour of the head. Sideburns will not cover any part of the ear and will present a groomed appearance. 2. Facial hair: a. Members will be clean-shaven, except for mustaches, which must be neatly trimmed and will not extend more than one-half inch beyond the corners of the mouth or more than one- fourth inch below the corner of the mouth nor cover any part of the lip. No other facial hair will be allowed. b. Beards and goatees will not be permitted except for members assigned to specialized assignments authorized by the Chief of Police. 3. Hairstyles - Female/Sworn: a. Hair will be neat, clean and styled to present a groomed appearance. b. Hair in front will be styled so that it Page 4 of 6 GULF STREAM POLICE DEPARTMENT -Uniform Standard of Dress SOP # 50.01 does not fall below the eyebrows. 4. Hair style will be at the discretion of the individual officer. The length of hair for female officers while in uniform will not extend downward beyond shoulder length. Hair ornaments may be worn to confine the hair as long as a neat and professional appearance is maintained and the accessories conform to the uniform or plain -clothes attire. B. Jewelry may be worn on the hands, wrist and fingers and be limited to a wristwatch, wedding/engagement ring (or set), and no more than two (2) other rings (such as class, school, or organization ring). C. All female sworn uniformed members may wear earrings while on duty. Female officers who desire to wear earrings will wear one pair of small button type or non -dangling type to portray a professional image. D. All male sworn members are prohibited from wearing earrings while on duty. E. All members are prohibited from wearing any item of ornamentation in any body piercing, such as, in their nose, eyebrow, tongue or any other location on their body that is visible, during any duty hours or at any duty -related function. 1. The Chief of Police may authorize duty wear of such items or ornamentation when necessary for a special purpose for a limited period of time. F. If a necklace is worn by members in uniform, Original Issue: 07/01/07 it will be worn on the inside of the shirt and will be concealed from view. G. Sworn members will maintain a maximum 1/4" nail length beyond the fingertip. H. Nail polish may be worn only by female officers and should be of a conservative color. I. The department will reimburse a member for certain items of personal property necessary to perform job functions that is lost or damaged while performing official duties with the final authority being the Chief of Police. 1. The department will reimburse a member up to $75.00 for watches and non-prescription glasses. 2. The department will reimburse a member for the replacement cost for prescription glasses. 3. The department will not reimburse a member for lost or damaged jewelry other than a watch. 4. Receipts will be submitted for any reimbursement by the department. 0 • Rules and Regulations, Section 4 Uniform Appearance. • SOP # 7.02 Property Acquisition and Control. • SOP # 9.01 Special Duty Details. • SOP # 17.11 Soft Body Armor. Garrett J. Ward, Chief of Police Page 5 of 6 GULF STREAM POLICE DEPARTMENT -Uniform Standard of Dress APPENDIX A Police Officer Clothing: 1. 4 pairs of navy blue pants. 2. 4 dark blue short sleeve shirts with a 3. 1 police badge. department patch on each sleeve. 3. 1 jacket with liner with department patch on 6. 1 traffic whistle. each sleeve. 4. 1 long sleeve navy blue dress uniform shirt 7. 1 with a department patch on each sleeve. 5. 1 black tie. 6. 1 dress hat with metal band. 7. 1 soft body armor vest. 8. 1 Turtleneck Dickie 9. 1 rain coat 10. 1 BDU Shirt 11. 1 BDU Pants 12. 2 Gulf Stream Police Tee Shirts Equipment: (Metal) 1. 1 9mm. cal. semi-automatic pistol with 3 Equipment: (Leather.) 1. magazines or department approved gun belt. pistol with 3 magazines. 2. 1 name plate. 3. 1 police badge. 4. 1 hat badge. 5. 1 handcuff and key. 6. 1 traffic whistle. 7. 1 OC canister. Equipment: (Leather.) 1. 1 gun belt. 2. 1 holster. 3. 1 handcuff case. 4. 1 double magazine holder. 5. 1 O.C. spray holder. 6. 4 belt keepers. 7. 1 portable radio, 2 batteries and charger. 8. 1 radio holder. 9. 1 rain coat. 10. 1 pair of plain toed smooth black shoes, athletic type shoes or boots Page 6 of 6 GULF STREAM POLICE DEPARTMENT -Critical Injury/Death of a Member SOP # 50.02 CRITICAL INJURYIDEATH OF A POLICE OFFICER EFFECTIVE: 07/01/07 I.POLICY: It is the department's policy to provide liaison assistance to the immediate family of any Gulf Stream Police Officer who dies in the line of duty. This assistance shall be provided whether the death is the result of felonious or accidental circumstances while that officer is an active member of this police department. The department will provide to the deceased officer's family information about all survivor benefits as well as emotional support during this traumatic period and will take the necessary actions to insure that the funeral arrangements properly reflect the wishes of the deceased officer's family and that any conflict will be decided in favor of the family. Additionally, it is the policy of the department to provide similar liaison assistance to any Gulf Stream Police Officer who suffers a severe and debilitating injury in the line of duty. This assistance shall be provided whether the injury is the result of felonious or accidental circumstances, and will be tailored to those specific needs. II. PROCEDURES: A. Notification. It shall be the responsibility of the Chief of Police or designee to properly notify the next of kin. The following guidelines shall be followed: 1. The name of the involved officer shall not be released to the media before immediate survivors living in the area are notified. 2. If there is knowledge of a medical problem with an immediate survivor, medical personnel should be dispatched to the residence in conjunction with the death notification. 3. Notification will be made in person by the Chief of Police or designee and a chaplain, a psychologist, or another officer should accompany the informing officer. However, if the above persons are not readily available, notification should not be delayed. 4. The Chief of Police will designate a member to liaison with the family and be available to assist in matters. 5. Prior to funeral arrangements being made, the Chief of Police or designee will meet with the liaison officer and other agency(s) representatives who may assist with funeral detail and establish a complete funeral itinerary. 6. The Chief or Police or designee will post the information at the department concerning the funeral and that formal uniform attire for those present. 7. The Chief of Police or designee will assign an officer close to the involved officer to remove property from the officer's work area and return personal property. 8. The Chief of Police may authorize the wearing of mourning bands for a designated period of time following a line of duty death. 9. The Chief of Police will make arrangements to assist the family and visiting departments with transportation after the funeral. 10. The Chief of Police will assign a uniformed officer to sit watch over the officer's home until the funeral is over. III. SUPPORT FOR THE FAMILY DURING THE WAKE AND FUNERAL A. The appointment of a liaison officer is a critical assignment. The liaison officer should be aware of the family relationships, the officer should not be so emotionally involved with the loss that he/she would become ineffective. The liaison officer is a role of facilitator between the family and the department. The liaison officer will: 1. Ensure that the needs of the family come before the wishes of the department. 2. Meet with the family and tell them what his/her responsibilities will be during this time. 3. Meet with the family regarding funeral arrangements. The department should only make the family aware of what they can offer in the way of assistance if the family decides to have a "law enforcement funeral". Page 1 of 3 GULF STREAM POLICE DEPARTMENT -Critical Injury/Death of a Member SOP # 50.02 4. Be aware of all the information concerning the death and the continuing investigation to answer family questions. 5. Provide as much assistance as possible; oversee arrangements for travel and lodging for out-of-town family members. 6. Be constantly available to the family throughout this traumatic time. 7. See that the surviving parents are afforded recognition and will have proper placement arranged for them during the funeral and funeral procession, if requested. 8. See that the family is briefed on the funeral procedure; (i.e. 21 gun salute, presenting of flag, playing of taps, etc.) 9. Accommodate all possible family requests for assistance by communicating those desires to the Chief of Police or designee. 10. Be available to answer the officer's residence telephone to screen calls, if requested. IV. DEPARTMENT RESPONSIBILITIES: A. The Chief of Police or designee will be the department representative and will: 1. Ensure that appropriate notification is made to agencies via teletype for funeral arrangements. 2. Set up and coordinate with the Honor Guard for casket guards during the time of viewing of the body at the funeral home. 3. Coordinate with the Honor Guard to mark off the appropriate areas for the Honor Guard(s), officers, family, friends, and press to report to after their arrival at the cemetery. 4. Made sure the family liaison officer have briefed the family on everything that will occur (21 gun salute, presenting of the flay, playing of taps, etc.) 5. If the family desires a burial in uniform, obtain a uniform and deliver it to the funeral home. V. MEDIA RELATIONS. It shall be the responsibility of the Chief of Police or designee to handle all exchanges with the media regarding funeral arrangements. VI. CONTINUED FOLLOW-UP WITH THE FAMILY: A. The department realizes that we should be sensitive to the needs of survivors in addition to the spouse we realize that grief is a process and that everyone handles grief differently. Items listed below may also need to be considered. 1. Remember to invite the surviving family to the police department activities. They need continued contact. 2. Close co-workers of the deceased officer should be encouraged to visit the home of the family on a regular basis. 3. The Department should maintain support as long as the family feels the need for the support. In time, the family will let you know when they are ready to move on with their lives without assistance from the police department. VII. DEPARTMENT SUPPORT FOR THE SURVIVING FAMILY AWAITING TRIAL OF THE SUSPECT IN A HOMICIDE OF A POLICE OFFICER: A. It is the department's responsibility to keep the family informed of all legal proceedings. B. The Chief of Police or designee will notify the family of upcoming court proceedings. He/she should also ensure that the members of the deceased officer's family are given a detailed account of the entire incident which led to the officer's death or serious injury. If any details are not being released because of legal or prosecution reasons, this should also be explained to the family. C. The family should be encouraged to attend the trial so they might feel they are representing the officer's interest. Page 2 of 3 GULF STREAM POLICE DEPARTMENT -Critical Injury/Death of a Member SOP # 50.02 D. The Chief or Police may assign an officer close to the involved officer's family or to accompany the family to court. This officer can assist with transportation as well as suggest to the family those portions of the trial, which might be particularly upsetting to them. Garrett J. Ward, Chief of Police Original issue: 07/01/07 Page 3 of 3 EAM POLICE DEPARTMENT -Honor Guard Function HONOR GUARD FUNCTION EFFECTIVE: NOT USED AT THIS TIME E.A. I. POLICY: The department has set guidelines to establish and maintain an Honor Guard Unit to demonstrate proper respect for departmental members and other members of the law enforcement community who have been killed in the line of duty, as well as to provide positive community relations by participating in special events. II. DEFINITIONS A. Line of Duty Death - The death of a member of the Lantana Police Department while performing law enforcement or public safety duties. B. Retired Police Department Member - Members who retire with not fewer than ten (10) years of service with the department. C. Honor Guard Supervisor—An officer designated to supervise and give commands to the Honor Guard, pallbearers, and assembled officers during participation in official departmental ceremonies. D. Casket Watch - Two uniformed officers stationed individually at the head and foot of the casket during the period of visitation, or viewing of the deceased. III. PROCEDURE: A. The Chief of Police will be responsible for the overall supervision of the Honor Guard. The Honor Guard shall consist of five members: 1. One (1) Honor Guard supervisor 2. Four (4) Honor Guard members B. One officer shall be designated as Squad Leader. In the absence of the Honor Guard Supervisor, the Squad Leader will direct and coordinate the Honor Guard. C. Officers will be selected for the Honor Guard on the basis of job performance, experience (military preferred), ability, attendance, and appearance. SOP # 50.03 1.The Chief of Police will select members to serve on the Honor Guard. D. Uniform Attire and Equipment: Members selected to serve on the Honor Guard will be issued the following equipment and uniforms: 1. One (1) departmental long sleeved shirt with metal buttons 2. One (1) pair of departmental pants with black strip 3. One (1) ascot 4. One (1) pair of white gloves 5. One (1) citation cord 6. One (1) pair of shoes with taps 7. One (1) Honor Guard uniform pin B. One (1) uniform hat with badge E. Each member shall be required to maintain all equipment and uniforms in ready condition at all times. IV. ACTIVATION OF HONOR GUARD A. The Honor Guard will be activated for the death for any active member. B. The Honor Guard may be activated for the line of duty death for any law enforcement officer, the death of a retired department member, the death of a town official or employee as determined by the Chief of Police or designee. C. The Honor Guard may be activated to participate in public functions, parades or ceremonies as determined by the Chief of Police or designee. D. Whenever the Honor Guard is activated it will be the responsibility of the Honor Guard Supervisor to ensure that the appropriate Honor Guard members have been notified. E. Coordination of Members Funeral Services 1. The Honor Guard Supervisor will be responsible for coordinating the department's participation in funeral Page 1 of 2 GULF STREAM POLICE DEPARTMENT -Honor Guard Function SOP # 50.03 ceremonies for any member based on the wishes of the immediate family of the deceased. 2. The Honor Guard Supervisor will be responsible to visit the funeral home, house of worship, and/or grave site so that detailed arrangements can be made concerning the placement of honor guards, pallbearers, and escort officers. 3. Based on the approval of the family of the deceased, a Honor Guard casket watch will be provided during visitation and viewing periods for members. V. F. Coordination of Other Funeral Services 1. It will be the responsibility of the Honor Guard Supervisor to: Original Issue: 311/2005 Page 2 of 2 a. Select members of the Honor Guard to attend b. Arrange for transportation of the Honor Guard c. Arrange for any other uniformed or non - uniformed personnel who wish to attend d. Coordinate with the appropriate agency or representative and comply with his/her requests concerning arrangements or procession details. G. The Honor Guard Supervisor will be responsible to coordinate the Honor Guard for all other activities where the Honor Guard has been activated. • SON 50.01 Uniforms • SON 50.02 Line of Duty Death Garrett J. Ward, Chief of Police GULF STREAM POLICE DEPARTMENT -Court Attendance & Sub COURT ATTENDANCE & SUBPOENA SERVICE EFFECTIVE: 07/01/07 I. POLICY: The department has established guidelines for accepting witness subpoenas for members of the department for court and court related matters. Members will attend at the time and place prescribed and prior to giving testimony members will review reports and evidence for cases summoned. All members will dress appropriately and testify in a professional and knowledgeable manner. A. Subooena - A written command to appear before a judicial, administrative or legislative body having the power and authority to summon witnesses. Included in this definition is the standard notice to appear used by the 15th Judicial Circuit, State of Florida in and for Palm Beach County. B. Court Liaison - The member designated by the Chief of Police to accept service of criminal witness subpoenas per F.S.S. 48.031. III. COURT RELATED RESPONSIBILITIES: A. The Chief of Police will designated a Court Liaison for the department. 1. Administrative Services will accept witness subpoenas during normal business hours excluding holidays and weekends. 2. When a subpoena is received by Administrative Services, the subpoena will be date stamped and entered into the subpoena book noting the court, defendant, date and time for appearance, entry date and the receiving Administrative Services member ID #. B. Administrative Services is not required to accept service of subpoena: 1.If a member is no longer employed by the agency; 2. If the member is not scheduled to work prior to the date the member is required to SOP # 50.04 appear; or 3. If the appearance date is less than five (5) days from the date of service. C. Members will check for subpoenas daily during scheduled duty hours. Members will initial the subpoena book when they receive a subpoena. D. Members will attend court, depositions, and filing appointments at scheduled times. 1. A member, while on -duty, will notify the appropriate court division and/or the attorney who scheduled the appearance of any situation that may cause the member to be late for or miss a court related appearance and will notify his or her supervisor. 2. A member, when off-duty, will notify the appropriate court division and/or the attorney who scheduled the appearance of any situation that may cause the member to be late for or miss a court related appearance. 3. When a member calls in sick for a shift and is scheduled for court, deposition or other legal proceedings for which they have received a subpoena, the member is responsible to notify the court division and/or the attorney who scheduled the appearance. E. Prior to attending court or a deposition, the member will review all facts surrounding his or her involvement. Testimony will be presented in a clear, concise, and professional manner. F. If a member is informed that he or she is a party to a civil action arising out of departmental employment, he or she will immediately notify the Chief of Police through the chain of command by memorandum. G. Members are expected to attend court related activities and in the event members are late or absent are subject to department discipline. IV. CANCELLATIONS, CONTINUANCE, PLEAS, DISMISSALS: A. Members receiving notices of cancellation, Page 1 of 2 GULF STREAM POLICE DEPARTMENT -Court Attendance & Subpoena Service SOP # 50.04 continuance, plea, dismissal, etc., will obtain the name and telephone number of the canceling authority and retain the information for his or her records. V. VACATION NOTICES: A. Members anticipating vacation, attending school or leaves of absence will notify Administrative Services prior to the anticipated start of the leave. Original issue, 07/01/07 B. In the event the case is not continued or postponed, the subpoenaed member is required by law to honor the subpoena. VII. REFERENCES: F.S.S. 48.031 Service of process generally; service of witness subpoenas. SOP # 11.02 Disciplinary Procedures. • SOP # 50.01 Uniform Attire. Chief of Police, Chief of Police Page 2 of 2 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail October 14, 2015 Commerce Group, Inc. [mail to: records@commerce-group.com] Re: GS #1962 (1136) Provide a copy of all policies that are currently in effect or are in force (or were previously in effect) relative to the Guo'Stream Police Department for the period beginning January 1, 2010 through October 7, 2015 which are in the possession of the Town of Gulf Stream. The term "Town of Gulf Stream " shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Yarkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm) Dear Commerce Group, Inc. [mail to: recordsacommerce-erouo.coml, The Town of Gulf Stream received your original public records request on October 7, 2015. You should be able to view your original request at the following link httv://www2.eulf- stream.ore/weblink/0/doe/67568/Pagel.asyx. In future correspondence, please refer to this public records request by the above referenced numbers. The responsive records can be found at the same above link. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records