hayden policepolicy

7/28/2019 Hayden PolicePolicy

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HAYDEN POLICE DEPARTMENT

DIRECTIVE


HAYDEN, ARIZONA


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DIRECTIVE

Hayden Police Department601 Hayden Avenue

Hayden, Arizona 85135Telephone: (520) 356-6205

Fax: (520) 356-7039

To: Hayden Police employees

From: Chief Eric A. Duthie Date: January 26, 2001

Re: Policies

Effective immediately the following deletions are made to the Hayden

Police Department policy manual:

1-1 Legal references;

1-5 Definitions;

2-2 / 2-6 Organization and function;

3-6 / 3-8 Management rules and regulations;

3-8 / 3-10 Critical situation/deployment;

4-1 Management rules and procedures;

5-1 Field training program;

The following policies, already existing in the policy manual, supersede

and replace the deleted policies. This memo formalizes the existing

practice since the implementation of each policy revision:

96-01 Domestic violence intervention;

96-02 Court issued orders of protection;

96-04 Use of force;

96-05 Operation of police vehicles;

97-01 Search and seizure;

97-02 Crime scene investigations;97-03 Employee performance evaluations;

97-04 Personal performance records;

97-05 Employee personnel files;

97-06 Department property;

97-07 Care and use of department vehicles;

97-08 Organization purpose;

97-09 Budget and fiscal process;

97-10 Employee promotion.


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SUBJECT: Domestic Violence Intervention PolicyNumber: 96-01EFFECTIVE DATE: August 29, 1996REVIEW DATE:AMENDS / SUPERSEDES / ADDS:APPROVED: Eric A. Duthie, Chief of Police

NOTE:This rule or regulation is for the internal use only and does not enlarge

the officer's civil or criminal liability in any way. It should not be

construed as the creation of a higher standard of safety or care in an

evidentiary sense, with respect to third party claims. Violations of this

directive, if proven, can only form the basis of a complaint by this

Department, and then only in a non-judicial administrative setting.

Policy

The primary objectives in responding to domestic violence calls are to de-

escalate violent situations, to prevent officer injury, to reduce repeatcalls, to enforce the law against violators and to facilitate prosecution,

where applicable. Therefore, it is the policy of the Hayden Police

Department to refer victims of domestic violence to appropriate

professional agencies for counseling, and to arrest persons found to be

responsible for crimes in domestic situations.

Definitions

DOMESTIC VIOLENCE - Specific criminal acts, as set out in Arizona RevisedStatutes 13-3601, committed between persons of the opposite sex residing or

having resided in the same household, or persons who have not lived

together but have a child in common or are expecting a child, or personsrelated to one another by blood or marriage if they are related to the

defendant in one of the following categories: Spouse, former spouse,

parent, child, brother, sister, grandparent, grandchild.

RESIDE IN THE SAME HOUSEHOLD - For purposes of this policy, to reside inthe same household means to dwell permanently or continuously for a period

of time within a place, during which time a person also engages in day-to-

day normal living activities; i. e., eating, sleeping, etc.

ACTS - are any of the following: Assault and aggravated assault as defined in A.R.S. 131203 and 13-

1204.

Child or vulnerable adult abuse, as defined in A.R.S. 133623.

Criminal Damage as defined in A.R.S. 13-1602.

Custodial interference as defined in A.R.S. 13-1302.

Dangerous crimes against children as defined in A.R.S. 13-604.01

Disorderly conduct as defined in A.R.S. 13-2904.A.1, 132904.A.2,

A.R.S. 13-2904.A.3, or 13-2904.A.6.

Endangerment as defined in A.R.S. 13-1201.

Unlawful imprisonment as defined in A.R.S. 13-1303.

Kidnapping as defined in A.R.S. 13-1304.


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Criminal Trespass as defined in A.R.S. 13-1502, 13-1503, or 13-1504.

Threatening and intimidating as defined in A.R.S. 13-1202.

Officer Responsibilities

Officers shall:

Arrest in all cases of domestic violence if probable cause has been

shown that an offense has been committed and the suspect committed the

offense, whether or not the offense was committed in the officers'

presence. The arrest will also occur regardless of the victim's

prosecutorial cooperation, or lack thereof.

Book and incarcerate all misdemeanor arrests at an appropriate

Detention facility. If circumstances indicate incarceration would not

be in the best interest of the Department (such as a suspect with a

life threatening medical condition which would pose a significant risk

of liability to the Department), officers may consult with an

available magistrate and HAYDEN POLICE DEPARTMENT POLICY 96-01:

DOMESTIC VIOLENCE Pg.3 recommend release from custody withoutincarceration. However, justification for non-incarceration must be

documented in the offense report.

Book and incarcerate all felony arrests at an appropriate detention

facility. Felony domestic violence suspects are not eligible for

release until an appearance before a magistrate. Under no

circumstances will the felony suspect be released at the request of

the Department.

Arrest for criminal damage when the property involved is community

property or is owned solely by the complainant. In cases involving

community property, both parties must admit that the damaged propertyis community property, or other elements of probable cause must exist

before the suspect may be booked. If the suspect claims to be the sole

owner of the damaged property and other elements of probable cause are

absent, officers will submit an offense report and no arrest will be

made for the property damage.

NOTE: The victim may be allowed to make a citizen's arrest.

Give a Victims' Rights Pamphlet to all victims or potential victims of

domestic violence.

Prepare an Offense Report documenting the details of the offense and

the arrest.

The Offense Report

The Offense Report title for domestic violence violations shall describe

the appropriate act (assault, disorderly conduct, kidnap, etc.) Indicate in

the first paragraph of the narrative of the Offense Report that the crime

occurred in a domestic violence situation. Document that the participants

involved share a relationship in one of the listed categories:


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Husband and wife, or

Former husband and wife, or

Male and female residing in the same household, or

Male and female who formerly resided in the same household, or

Male and female who have a child in common or are expecting a child

(document how the officer obtained knowledge of this relationship),or

Blood relative.

The report will detail the elements of the crime and document all

witnesses, victims, evidence, and other information related to the offense.

The Offense Report will not contain the criminal history of suspects booked

for this offense, but will be attached as a separate document that the

prosecutor may review and recommend appropriate sentencing and/or treatment

for the offender. The criminal history shall be clearly marked as a

criminal history document and a warning will be recorded on the document

regarding the confidentiality of criminal records.

Arrest Slip

List the specific criminal act committed in the charging block. Write

"Domestic violence,, in Parenthesis next to the charge.

Release of Suspect

The Arizona Traffic Ticket and Complaint cannot be issued as a release

document for a domestic violence violation. The Ticket and Complaint may

only serve as a formal charging document for misdemeanor offenses under

this title.

An individual arrested for a domestic violence violations may however be

released from custody in accordance with the rules of criminal procedure orother applicable statute, but release from custody may only be authorized

by a recognized magistrate.

Order of Protection

This is a court order issued pursuant to ARS 13-3602 which seeks to

prohibit a specific person from committing an act of domestic violence and

may prohibit the person's presence at a residence, place of employment,

etc. The order may also grant exclusive use of the residence to the

plaintiff. The order is good for six months and can be renewed.

A petition to file an Order of Protection may be obtained from

any magistrate and jurisdiction does not depend on the location of the

plaintiff or defendant.

Officers handling a situation involving an Order of Protection shall:

Verify that the Order is valid, has not expired, and was properly

served upon the restrained party. If verification of service is not

available, the officer(s) shall advise the named party that a valid

order is in force, and state its conditions to the restrained party.


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After notification of the Orders' conditions, and when the named party

refuses to comply, Officers shall arrest the restrained party.

Arrest violators of the Order when probable cause exists that the

order has been served; e.g., suspect admits to service, victim has a

certified copy of the affidavit of service of the order, service is

verified by the magistrates office, etc.

Arrest violators even if the victim does not desire prosecution. When

probable cause exists, an arrest will be made even if a misdemeanor

offense did not occur in the officer's presence.

Book the arrested violator. The Arizona Traffic Ticket and Complaint

cannot serve as a release document. The Ticket and Complaint may only

serve as a formal charging document for misdemeanor offenses under

this title.

Complete an Offense Report on all violations. The Offense Report shall

contain a verbatim listing of the conditions on the Order of

Protection, its number, and the expiration date.

The victim may be allowed to make a citizen's arrest.

Violators of Orders of Protection shall be charged with "Interference withJudicial Proceedings," ARS 13-2810. In addition, all felony and misdemeanor

violations will be listed in the charging blocks of the arrest slip.

Emergency Order of Protection

The Emergency Order of Protection is a special issuance order authorized by

A.R.S. 13-3602 which expedites the legal process and provides a binding

Court Order to any party involved in a domestic violence incident.

The Emergency Order of Protection may be issued by any police officer who

shall be referred to as the "Affiant". The issuing officer shall:

Serve the Emergency Order upon involved parties prior to leaving thescene and advising all parties of the duration and restrictions

applicable to the Emergency Order.

Advise the requesting party that the Emergency order is valid until

1200 hours of the next work day of the Court of jurisdiction. Should

the requesting party not appear at the Court and request a formal

Order of Protection be issued, the Emergency Order will be vacated and

declared null and void at 1200 hours.

File the Emergency Order with the Court at first available

opportunity, but no later than the next work morning for the Court of

jurisdiction.

File a copy of the Emergency Order with the Offense report.


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SUBJECT: Court Issued Orders of ProtectionNUMBER: 96-02EFFECTIVE DATE: July 23, 1996REVIEW DATE:AMENDS/SUPERSEDES/ADDS:APPROVED: Eric A. Duthie, CHIEF OF POLICE

NOTE:

This rule or regulation is for the internal use only and does not enlarge






Policy

The Hayden Magistrate Court has been granted funding for fee waiversrelated to domestic violence O/P petitioners. It is the intent of this

program to increase availability of the court process for victims in

domestic violence cases. Through this availability it is anticipated that

domestic violence situations will be resolved in a more effective manner.

The Department shall comply with the request of the Magistrate Court in

advising victims of the fee waiver program.

Procedure

Any Town of Hayden resident who is a victim of domestic violence and

desires to obtain an Order of Protection shall be referred to the Hayden

Magistrate Court.

The victim shall be issued a victim rights form which must be presented to

the Magistrate Court at the time an Order of Protection is requested. The

fees will then be waived.


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SUBJECT: USE OF FORCENUMBER: 96-04EFFECTIVE DATE: November 12, 1996REVIEW DATE:AMENDS/SUPERCEDES/ADDS:APPROVED: Eric A. Duthie, Chief of Police

NOTE:

This rule or regulation is for internal use only and does not enlarge the

officer's civil or criminal liability in any way. It should not be





USE OF FORCE POLICY

The Hayden Police Department recognizes and respects the value and

integrity of human life. While investing police officers with the lawful

authority to use force in protecting the public welfare, a careful

balancing of human interests is required. Therefore, it is the policy of

the Hayden Police Department that employees use only that force that is

reasonably necessary to effectively bring an incident under control, while

protecting the lives of the officer or another.

DEFINITIONS

Deadly Force: Any use of force that is likely to cause death or

serious bodily harm.

Non-Deadly Force: Any use of force upon or directed toward the body ofanother person but not including deadly force.

Excessive Force: Force is excessive when its application isinappropriate to the circumstances. Each situation must be evaluated

according to particular circumstances. However, courts have set forth

four considerations in determining whether force was excessive:

Need for the application of force.

Relationship between the need and the amount of force that was

used.

Extent of injury inflicted.

Whether the force was applied in a good faith effort to maintain

and restore order or maliciously, to cause harm.

Reasonable Belief:

Facts and circumstances the officer knows, or should know, would cause

a prudent person to act or think in a similar way under similar

circumstances.


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Serious Physical Injury:

A physical injury which creates a substantial risk of death or which

causes serious or protracted disfigurement, or impairment of the

function of any body organ or limb.

LEVEL OF FORCE

The type and degree of force which may be used to overcome resistance,

prevent escape or control persons who are in custody shall be

restricted to only that which is reasonable or necessary. The

principle by which force is judged is the minimum force necessary to

accomplish a legitimate police objective. The officer must assess each

situation to determine the type and degree of force required. Short of

physical force, there are a variety of methods by which an officer can

influence an uncooperative subject.

PROGRESSION OF FORCE

Employees will consider and, if possible, employ a progression of

force. The progression of force may not be possible under all

circumstances; however, employees will use only the level of force

reasonably necessary to arrest or control a subject.

Level 1 - Presence: An officer's presence through identification and

authority establishes control of the situation.

Level 2 -Persuasion: Accomplished through the officer's appearance at

the situation and through the officer's dialogue with a subject,

resulting in the officer controlling the subject.

Level 3 - Compliance: Accomplished by the officer's use of approved

physical restraints, including restraining hold, taught at an approved

training academy or defensive tactics class, to gain control of the

subject. Compliance level force has minimal chance of injury and

include the following:

o Wrist Locks;

o Joint Locks;

o Pressure Points;

o Handcuffing.

Level 4 - Chemical Agents: The Department approved chemical agent is a

tool that provides means by which officers may defend themselves or

others from injury, by controlling an offender when facing resistance

in the form of active physical aggression or resistance or aggravated

active physical aggression or resistance.

Level 5 - Hard-Empty Hand Techniques: These techniques have a


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probability of injury and should be avoided unless all lesser means of

defensive tactics and procedures have been attempted, or are not

possible or reasonable, to prevent injury to the officer and the

subject(s) involved. Hard empty-hand techniques include punches, kicks

and strikes. Employees shall not purposely strike suspects in the face

or head, except in deadly force situations, due to the high

probability of injury.

Level 6 - Police Baton: As with chemical agents, the Department

approved police baton is a tool that can provide means by which

officers may defend themselves or others from injury, by controlling

an offender when facing resistance in the form of active physical

aggression or resistance or aggravated active physical aggression or

resistance. The baton may be used if empty-hand control techniques

have failed or are not possible under the circumstances. Passive

resistance, such as a prisoner's refusal to enter a police vehicle or

holding room, let go of a railing, etc., is not sufficient in itself

to justify the use of baton strikes. When the use of the baton is

warranted, officer shall attempt to strike the suspect's arms or legs.

Employees will not purposely strike or jab suspects on the head, neck,sternum, spine, lower abdomen, groin or kidneys unless faced with a

deadly force situation.

Level 7 - Deadly Force: Officers of the Hayden Police Department are

authorized to fire their weapons or use deadly force in order to:

o Protect the officer or others from believed to be an immediate

threat bodily harm; or,

o Prevent the escape of a fleeing fe has probable cause to

believe will threat to human life should escape what is

reasonably of death or serious Lon whom the officer pose asignificant occur.

PARAMETERS FOR USE OF NON-DEADLY FORCE

Where deadly force is not authorized, officers shall assess the incident

and determine which non-deadly technique or weapon will best de-escalate

the incident and bring it under control in a safe manner.

Officers of the Hayden Police Department are authorized to use department

approved non-deadly force techniques and issued equipment for resolution of

incidents, as follows:

To protect themselves or another from physical harm; or,

To restrain or subdue a resistant individual; or,

To bring an unlawful situation safely and effectively under control.

NON-DEADLY FORCE WEAPONS

Officers shall not be permitted to use non-deadly weapons unless qualified

in its proficient use as determined by training procedures.


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The following non-deadly weapons are authorized;

Police Batons- The Department approved impact weapons are the PR-24,

side handle baton and the Expandable baton.

TRAINING REQUIRED

An officer is not permitted to carry or use any non-deadly weapon

unless qualified in its proficient use as determined by approved

training procedures.

Officers of the Hayden Police Department are authorized to fire their

weapons or use deadly force in order to:

Protect the officer or others from what is reasonably believed to be

an immediate threat of death or serious bodily harm; or,

Prevent the escape of a fleeing felon whom the officer has probable

cause to believe will pose a significant threat to human life should

escape occur.

Before using a firearm, officers shall identify themselves and state their

intent to shoot, where feasible.

RESTRICTIONS ON EXHIBITING A WEAPON

Officers of the Hayden Police Department shall adhere to the following

restrictions when their weapon is exhibited:

Except for maintenance or during training, officers shall not draw or

exhibit their firearm unless circumstances create reasonable cause to

believe that it may be necessary to use the weapon in conformance withthis policy.

Warning shots are prohibited.

Officers shall not fire their weapons at or from a moving vehicle.

Firearms shall not be discharged when it appears likely that an

innocent person may be injured.

DOCUMENTATION OF USE OF FORCE

A written report shall be required in the following circumstances:

When a firearm is discharged outside of the firing range.

When a use of force results in death or injury.

When a non-lethal weapon is used on a person.

A supervisor shall immediately be summoned to the scene and shall comply


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with investigative procedures as required by the Department in the

following situations:

When a firearm is discharged outside of the firing range.

When a use of force results in death or serious injury.

When a subject complains that an injury has been inflicted.

DEPARTMENTAL RESPONSE

Where an officer's use of force causes death, the officer shall be

placed on administrative leave after completing all internal

investigative requirements, and until it is determined by a mental

health professional that the employee is ready to return to duty. The

Department shall insure that both an administrative and criminal

investigation of the incident is conducted.

ADMINISTRATIVE REVIEW OF CRITICAL INCIDENTS

All reported uses of force shall be reviewed to determine whether:

Departmental rules, policy or procedures were violated;

The relevant policy was clearly understandable and effective to cover

the situation;

Department training is currently adequate.

All use of force incident reports shall be retained as required by

state law.

There shall be a regular review of use of force incidents to ascertain

policy and training needs.


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SUBJECT: OPERATION OF POLICE VEHICLESNUMBER: 96-05EFFECTIVEDATE: November 13, 1996REVIEWDATE:AMENDS/SUPERCEDES/ADDS:APPROVED: Eric A. Duthie, Chief of Police

NOTE:This rule or regulation is for internal use only and does not enlarge the






POLICY

Very few issues in policing are more volatile or subject to more intensescrutiny by citizens, news media, administrators and courts than the

operation of police vehicles, particularly during pursuit or emergency

operations. It is an issue which deserves the same degree of attention as

deadly force.

All personnel operating department vehicles shall exercise due regard for

the safety of all persons. No task, call, or incident justifies disregard

for public safety. Further, the public expects its police officers to

demonstrate exemplary driving behavior. All department personnel who

operate police vehicles will comply with safe driving procedures outlined

herein with particular attention to responding to calls for service or

engaging in pursuits. Emergency warning devices shall be minimally used,consistent with both legal requirements and the safety of the public and

police personnel.

Definitions

Normal or routine driving: That driving which dictates vehicle speedconsistent with the normal flow of traffic, obedience to vehicle laws

and posted signs, adherence to commonly understood "rules of the road"

and courtesy.

Pursuit driving: That driving concerned with the pursuit andapprehension of a violator or violators in a motor vehicle, consistent

with the provisions of Arizona Revised Statutes 28-624. Pursuits are

conducted using emergency equipment.

Emergency driving: That driving in response to a life-threatening orother serious incident (based on available information) which requires

emergency equipment in operation. Arizona Revised Statutes 28-624

govern emergency responses.

Emergency equipment: Flickering, blinking, or alternating emergency


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lights and a siren, whistle or air horn designed to give intermittent

signals automatically.

Procedures

General:All departmental vehicles shall be driven safely and properly in full

compliance with all traffic laws and regulations. Police vehicles are

conspicuous symbols of authority on the streets and the actions of

police drivers are observed by many. Each police driver must set an

example of good driving behavior and habits.

Under certain emergencies as defined by this policy, ARIZONA REVISED

STATUTES authorizes disregard of traffic regulations; however, neither

the operator nor the department is released from civil liability for

failure to use reasonable care in such operation. Improper driving can

cost each police driver, personally, civil damages while inflicting

harm or injury to the driver, other law enforcement personnel, other

citizens or causing property damage, and damaging the image of the

department and law enforcement generally.

Routine Operation:Vehicles used in routine or general patrol service shall be those that

are conspicuously marked. Conspicuous marking increases safety, serves

as a warning to potential violators, and provides citizens with a

feeling of security.

Unmarked cars shall NOT be used for pursuit, but may be used for

patrol. They may be used to stop vehicles provided they are equipped

with appropriate emergency lights.

Standard lighting equipment on marked vehicles includes hazardouswarning lights and spotlights. Hazardous warning lights should be used

at any time a police vehicle is parked where other moving vehicles may

be endangered. Spotlights may be used when the vehicle is stationary

or moving at speeds not to exceed 15 miles per hour and shall not be

used in a manner which will blind or interfere with the vision of

operators of other approaching vehicles, Arizona Revised Statutes 28-

624. Seat belts and shoulder straps shall be worn by all police

personnel or ride-along during vehicle operation. Prisoners shall be

strapped in with seat belts whenever possible. The only exception is:

o At approach to any scene of an incident or service call where

the police officer believes a rapid departure from the vehicle

may be required, the officer may release the seat belt. Seat

belts will, however, be worn any time the vehicle is being

operated under emergency conditions.

Driving rules

o No officer or employee shall operate any police vehicle which

he believes to be unsafe.


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o The driver shall exercise careful observation of surrounding

conditions before turning or backing any vehicle.

o A police vehicle shall not be left unattended with its engine

in operation.

o The driver must recognize the variable factors of weather, road

surface conditions, road contour, and traffic congestion, all

of which directly affect the safe operation of any motor

vehicle, and shall govern the operation of the vehicle in

accordance with these factors.

o The nature of certain crimes in progress may call for the use

of the siren to be discontinued upon close approach to the

location of the occurrence, and although such action is

permitted by authority of this order, police vehicle operations

under these conditions require extreme caution.

o Emergency driving to the scene of a motor vehicle accident is

permissible ONLY when an emergency exists, or when specificinformation indicates that conditions at the scene require the

immediate presence of an officer.

o Upon approaching a controlled intersection or other location

where there is great possibility of collision, the driver who

is responding under emergency conditions shall reduce the speed

of his vehicle and control it to avoid collision with another

vehicle or pedestrian, stopping completely, if necessary,

before entering and traversing the intersection. When faced

with a red traffic signal or stop sign, the officer shall stop

his vehicle and assure by careful observation that the way is

clear before proceeding through the intersection.

o Regardless of the seriousness of the situation to which he is

responding, and excepting circumstances that are clearly beyond

his control, the operator of a police vehicle shall be held

accountable for the manner in which he operates his vehicle.

o At the scene of a crime, a motor vehicle crash, or other police

incident, a police vehicle shall be parked in such manner so as

to not create a hazard to other traffic. The emergency lights

and four-way flashing lights should always be used to warn

other drivers approaching the location.

o The driver should lower one front door window far enough to

hear other sirens and traffic warning signals.

o Operators of police vehicles must bear in mind that traffic

regulations requiring other vehicles to yield the right of way

to any emergency vehicle do not relieve the emergency vehicle

operator from the duty to drive with due regard for the safety

of all persons using the highways, nor shall they protect the

driver from the consequences of an arbitrary exercise of such


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right of way (ARS 28-624).

Emergency Driving:

GeneralNo fixed rule can apply to every circumstance that may arise governing

emergency driving. Although an officer may receive information that

leads him to respond to a call with emergency lights and siren

activated, in the majority of such cases an officer discovers, upon

arrival, that an emergency response was not justified. The department,

however, imposes on the officer the restriction of driving no faster

that 20 miles per hour above the posted speed limit in an emergency

response (excluding pursuits).

Arizona Revised Statutes 28-624. D. states "The provisions of this

section do not relieve the driver of an authorized emergency vehicle

from the duty to drive with due regard for the safety of all persons

nor do these provisions protect the driver from the consequences of

his reckless disregard for the safety of others".

Recognizing that protection of human life is paramount, the responding

officer must remember the objective is to get to the location of the

occurrence as soon as possible--safely-without endangering himself or

others.

Response CodesCalls for service are classified as Code 2 or 3 depending on

circumstances. The codes are defined as follows:

o Code 2: Units responding to Code 2 calls shall respond to the

location without delay by the most direct route, complying with

all traffic regulations and shall NOT use emergency warningdevices. This designation is to provide the officer with

verification of the serious, but not life-threatening nature of

the call.

o Code 3: Units responding to Code 3 calls as the primary and

back-up units shall respond rapidly to the location of the

emergency, by most direct means, using all emergency warning

devices with a paramount consideration for the safety of the

public and the assigned officers.

Dispatcher Assignments

The dispatcher shall assign Code 3 classification to those calls for police

service which indicate a felony in progress or where the violator is armed,

and all other requests alleging an implied or immediate threat to the

safety of a person. Examples of Code 3 calls (but not all inclusive) are:

o Police officer (or station) needs URGENT help.

o There is imminent danger to a citizen and the immediate

presence of a police officer might save lives.


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o Injury accident.

o Riot or large disturbance with fighting or injuries or damages

occurring.

o In a felony situation where there is reliable, direct

information regarding "in progress".

o Upon receipt of a request for law enforcement service which

necessitates the dispatch of a police unit, the dispatcher

receiving the request shall determine sufficient facts to set

the priority of the response.

The dispatcher shall obtain information about:

o Whether the perpetrator is still on the scene, or armed;

o Condition of the victim:

o Direction and method of travel of any fleeing suspects;

o Description of any fleeing vehicles.

When sufficient information concerning a request for service has been

obtained, the dispatcher shall classify the complaint either Code 2 or

Code 3. Any doubt as to the character of the request shall be resolved

in the presumption that an emergency exists and Code 3 assigned to the

call.

Officers response to call

Upon arrival at the scene of a call, the responding officer should

rapidly evaluate the situation and determine whether additional units

are still needed or whether other units responding Code 3 can be

slowed or canceled.

All units responding to robbery-and burglary-in-progress calls, before

coming within hearing distance, shall discontinue the use of the siren

and at that time fully comply with all traffic laws. Before coming

within sight of the location, officers shall discontinue the use of

the emergency warning lights.

In situations requiring silent response, e.g., alarm response, prowler

calls, officers will respond as rapidly as possible, obeying all

traffic laws and signs.

When, in the opinion of the officer, an emergency is imminent or

exists, or that activation of emergency warning devices is necessary

to protect life or render the necessary police service, the department

authorizes an emergency response.


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Examples include:

o At the scene of any incident where the use of emergency lights

constitutes a necessary warning for the safety of life (such as

scenes of fires, accidents or disasters).

o As a visual signal to attract the attention of motorists

stopped for traffic violations, or to warn motorists of

imminent dangers.

o Responding to a non-Code 3 call, where the officer has previous

or additional information which, had the dispatcher known it,

would have resulted in the call being dispatched as Code 3. The

officer shall advise the dispatcher of the additional

information upon activation of the Code 3 operation.

o Where because of location, distance to be traveled, or traffic

conditions, the officer determines that emergency operating

conditions are essential in order to provide an appropriatepolice response.

o In response to an officer emergency request for assistance.

o For pursuit of fleeing vehicles.

Pursuits

Primary Responsibilities:The officer's primary responsibility in a pursuit is the safe

operation of the vehicle.

Justification for Pursuit:An officer may pursue a vehicle only when he has probable cause to

believe the violator has committed or is attempting to commit a

serious felony (a felony involving the use or threatened use of

violence) or when the necessity of immediate apprehension in case of a

misdemeanor outweighs the level of danger created by the pursuit

(e.g., DUI, reckless driving).

Officer shall NOT pursue vehicles for minor traffic violations or

violations of town ordinances.

Considerations in Engaging in Pursuit:The officer who undertakes a pursuit does so at his or her discretion

taking into consideration the factors listed below.

o Does the seriousness of the crime warrant a chase at unsafe

speed?

o What is the possibility of apprehension?

o Will the pursuit take place on residential streets, a business


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district or freeway?

When a police officer begins pursuit of a fleeing vehicle, he must

remember that citizens using public highways do not expect their

travel to be interrupted by a high-speed chase or to become involved

in an accident as a consequence. Children playing on the side of the

street are likely to be drawn towards a police car with the siren and

emergency light operating, rather that cautioned away from it.

Street and traffic conditions:Road conditions and lighting shall be considered in balancing the

pursuit's danger to the public against allowing a suspect to escape.

Officers Responsibilities:The officer shall notify the dispatcher of the pursuit, direction of

travel, description of the pursued vehicle, and location.

Officers shall not operate a vehicle at a rate of speed that may cause

loss of control. The department expects an officer to end his

involvement in pursuit whenever the risks to his own safety, or thesafety of others, outweighs the danger to the community if the suspect

is not apprehended.

Intersections are a particular source of danger. Officers, when

approaching an intersection where signal lights or stop signs control

the flow of traffic, should:

o Decelerate and be prepared to yield the right-of-way.

o Enter the intersection only when safe, all cross vehicles are

aware of the officer's presence, and at a reduced speed.

o Resume pursuit speed only when safe. When using emergency

light, siren and headlamps, the officer is requesting the right

of way and DOES NOT ABSOLUTELY HAVE the right to run a red

traffic light or stop sign.

Back-up Responsibilities:The first back-up unit to respond shall assist the primary officer in

making the arrest. He or she will also assume the responsibility of

updating the dispatcher with the location and direction of travel of

all vehicles involved, thereby allowing the primary officer to focus

attention on the pursuit driving.

Dispatcher Responsibilities: Advise all other units of the pursuit and the information given by the

pursuing officer. Assist in directing back-up units to strategic

locations.

Order the police radio cleared of all but emergency traffic.

Alert all other nearby law enforcement agencies of the pursuit and

information given by pursuing officer when continuing beyond the town


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limits.

Query MVD, ACIC and NCIC for license data and any warrants.

Rules of Pursuit: Officers shall not ram, bump, or collide with a fleeing vehicle nor

shall officers pull alongside such vehicles in an attempt to force

them off the road or into an obstacle.

Pursuits shall be limited to two police vehicles, a primary and a

secondary.

Officers shall not fire their weapons from a moving police vehicle.

Whenever the pursuit extends off roadway, as when the fleeing vehicle

leaves the roadway and proceeds cross-country, the pursuing officer(s)

must carefully consider whether or not the seriousness of the offense

outweighs the risk to his safety and the potential damage to the

police vehicle or private property. When the risks of pursuit exceed

the need to capture the offender, THE OFFICER MUST DISCONTINUEPURSUIT.

Should the person(s) attempting to avoid apprehension stop the fleeing

vehicle and proceed on foot, officer should stop, give his location,

and continue efforts to apprehend on foot. the back-up car, or second

police vehicle, should be dispatched in close proximity to offer

assistance.

A supervisor may direct that the pursuit be ended. If the pursuing

officer receives such an order to stop the pursuit, he shall do so

immediately and acknowledge the order. Also, the pursuing officer(s)

must end the pursuit if at any time during the course of the pursuithe loses extended sight of the fleeing vehicle.

ONLY in the case of suspected fleeing felons whose escape poses a

specific danger to life may officers set up a roadblock. The decision

to erect a roadblock may only be made by the Chief of Police or, in

his absence, the Sergeant.

A decision to erect a roadblock is a decision to use deadly force and

provisions of the Department Use of Force policy apply. The decision to

erect a roadblock must consider:

The safety of officers;

The risk of physical injury to the occupants of the pursued vehicle;

The protection of citizens and their property;.

Note: A roadblock must be clearly visible at a distance sufficient to

enable approaching vehicles to stop safely. The officer in charge of the

roadblock shall notify the dispatcher of its precise location. The

Department stresses that roadblocks constitute a last resort in stopping


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a fleeing violent felon.

Officers, when accompanied by civilian passengers, shall NOT pursue. If

a civilian is in the police vehicle at the beginning of a pursuit, that

officer will turn the pursuit over to another officer, or deposit the

civilian at an appropriate, safe location.

When the fleeing suspect is apprehended in another jurisdiction, the

pursuing officer shall take the arrested person before a judicial

officer of that jurisdiction. The officers shall then go before the

magistrate serving the town to obtain a warrant and ensure that a

teletype is sent through ACIC to take apprehending jurisdiction as soon

as possible, acting as a detainer.

When the fleeing suspect is apprehended within the county, the officer

shall take the arrested person before the nearest magistrate or justice

of the peace. The duty officer will confer with the other jurisdiction

to determine which jurisdiction will maintain custody of the suspect

based upon the seriousness of the charges and the likelihood of release

by respective magistrate.

When two vehicles are involved in pursuit, each unit shall maintain a

safe distance especially when passing through intersections. Each unit

involved in the pursuit shall use a different siren-sound selection.

In case of pursuit, should the violator enter a one-way street against

the flow of traffic, the pursuing officer shall NOT follow the violator

but instead transmit via radio detailed observations about the suspect

vehicle's location, speed, and direction of travel.

Abandoning Pursuit:

This policy has noted the necessity for a pursuing officer tocontinually evaluate the risks and goal of a pursuit. Under some

conditions, abandoning a pursuit may prove the most intelligent

decision the officer can make.

Officers may discontinue pursuit under the following circumstances:

o If, in the opinion of the pursuing officer or supervisor, the

pursuit creates a clear and unreasonable danger to the officers

and other motorists or pedestrians that outweighs the need for

immediate apprehension;

o The suspects have been identified and can be apprehended later;

o The prevailing traffic, roadway, and environmental conditions

render pursuit futile;

o The pursued vehicle outdistanced the officer, or its location

is not known;

o The pursuing officers know, or is reasonably certain that the

fleeing vehicle is operated by a juvenile and the offense


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constitutes a misdemeanor or non-violent felony (the pursuit

may stimulate the juvenile to recklessly disregard public

safety);

Note: Discontinuing a pursuit does not mean that the officer cannot

follow the vehicle at a safe speed, or remain in the area ready to

resume the pursuit if the opportunity presents and circumstances

warrant. Officers, when pursuing, should resist the temptation to get

into the violator's back seat--figuratively speaking-but instead

simply follow the violator and allow him or her to make the driving

mistakes.NO OFFICER CAN BE DISCIPLINED FOR DISCONTINUING A PURSUIT.


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SUBJECT: Search and SeizureNUMBER: 97-01EFFECTIVE DATE: March 1, 1997REVIEW DATE:AMENDS/SUPERSEDES/ADDS:APPROVED: Eric A. Duthie

NOTE:This rule or regulation is for the internal use only and does not enlarge






Policy

The U.S. Constitution and the Bill of Rights guarantee every citizen

certain safeguards from government intrusion into their lives. Thesesafeguards have become the cornerstone for the application of criminal

justice in America. Consequently, these safeguards have placed

limitations on the authority of police to enforce the laws of the

nation, state and the Town of Hayden. The Department expects its

officers to act with due regard for citizens' civil liberties.

The purpose of this directive is to define the legally mandated

authority for the enforcement of laws, to establish procedures for

ensuring compliance with constitutional requirements during criminal

investigations, to set forth guidelines concerning the use of

discretion by officers, and to define the authority, guidelines and

circumstances when officers should exercise alternatives to arrestsand pretrial confinement.

The Fourth Amendment states that, "The right of the people to be

secure in their persons, houses, papers, and effects against

unreasonable searches and seizures, shall not be violated and no

Warrants shall issue, but upon probable cause, supported by Oath or

affirmation, and particularly describing the place to be searched and

the persons or things to be seized".

Definitions

Affidavit:

In lieu of, or in addition to, a written affidavit, or

affidavits, the magistrate may take an oral statement under oath

which shall be recorded on tape, wire or other comparable

method. This statement may be given in person to the magistrate,

or by telephone, radio or other means of electronic

communication. This statement shall be deemed to be an affidavit

for the purposes of issuance of a search warrant. In such cases

if a recording of the sworn statement has been made, the


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magistrate shall direct that the statement be transcribed and

certified by the magistrate and filed with the court.

Close Pursuit:

Pursuit without unreasonable delay, which includes: Close

pursuit as defined by the common law;

Pursuit of a person who has committed a felony, or who is

reasonably suspected of having committed a felony;

Pursuit of a person suspected of having committed a supposed

felony, though no felony has actually been committed, if there

is reasonable ground for believing that a felony has been

committed;

Consent Searches:

A search warrant is not necessary where a person who has

authority or control over the thing or place searched consentsto the search. Note that the officer doesn't have to have

reasonable suspicion nor probable cause to make a consent

search. The officer may merely ask for permission from someone

with control over the premises. If that person grants permission

the search may take place. The sole justification for a consent

search is the existence of a voluntary consent.

Probable Cause:

An officer must have probable cause to undertake a search or

make an arrest. Probable cause exists where the facts and

circumstances within the arresting officer's knowledge and ofwhich the arresting officer had reasonable trustworthy

information are sufficient in themselves to warrant a man of

reasonable caution in the belief that an offense has been or is

being committed.

Probable cause to search and probable cause to arrest may arise

out of different sets of facts. In order to find probable cause

to arrest, there must be sufficient facts to show that a crime

has been or is being committed and that the person to be

arrested committed the crime.

Probable cause to search turns on facts tending to show that

particular items are connected with criminal activity and that

they will be found in a particular place. Based on probable

cause an officer may make an arrest or undertake a search.

No search warrant shall be issued except on probable cause,

supported by affidavit, naming or describing the person and

particularly describing the property to be seized and the place

to be searched.


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The affidavit or affidavits must set forth the facts tending to

establish the grounds of the application for the search warrant,

or probable cause for believing they exist.

Procurement Without Probable Cause:

A person who, with intent to harass and without probable cause,

causes a search warrant to be issued and executed, is guilty of

a Class II Misdemeanor. Any employee determined by this

department or a court of law to have caused a search warrant to

be issued and executed with intent to harass and without

probable cause will be subject to disciplinary action.

Reasonable Suspicion:

Reasonable suspicion involves a standard less than probable cause,

generally defined by the courts as circumstances or collection of

circumstances that would lead a trained, experienced officer to

believe that criminal activity may be afoot.

An officer must have reasonable suspicion to temporarily detain a

citizen. When an officer has reasonable suspicion, he or she may

undertake a pat-down of a suspect's outer clothing for weapons if

reasonable suspicion also exists that the suspect may be armed.

Search:

Police action is termed a search where (1) there is a "prying into

hidden places by the police officers" to which (2) the person whose

premises or person is being searched has a reasonable expectation of

privacy.

Search Warrant:

A search warrant is an order in writing issued in the name of the

State of Arizona, signed by a magistrate, directed to a peace officer,

commanding him to search for personal property, persons or items

described in the warrant.

Unlawful Seizure of Evidence:

Items of evidence seized in violation of the provision of the Fourth

Amendment will not be admitted in court and may be cause for a lost

criminal case.

Procedure

Grounds For Issuance of a Warrant:

A search warrant may be issued upon any of the following grounds:

When the property to be seized was stolen or embezzled;

When the property or things to be seized were used as a means of


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committing a public offense;

When the property or things to be seized are in the possession of a

person having the intent to use them as a means of committing a public

offense or in possession of another to whom he may have delivered it

for the purpose of concealing it or preventing it being discovered;

When property or things to be seized consists of any item or

constitutes any evidence which tends to show that a particular public

offense has been committed or tends to show that a particular person

has committed the public offense;

When the property is to be searched and inspected by an appropriate

official in the interests of the public health, safety or welfare, as

part of an inspection program authorized by law;

When the person sought is the subject of an outstanding arrest

warrant.

Service of Search Warrant:

A search warrant may be served by any peace officer but by no other

person except in aid of an officer engaging in such service. An

officer may break into a building, premises, or vehicle or any part

thereof, to execute the warrant when:

After notice of his authority and purpose, he receives no response

within a reasonable time;

After notice of his authority and purpose, he is refused admittance.

An officer executing a search warrant may seize any propertydiscovered in the course of the execution of such warrant if he has

reasonable cause to believe that such item is subject to seizure even

if such property is not enumerated in the warrant.

An officer executing a search warrant may make or cause to be made

photographs, measurements, impressions, or scientific tests.

An officer executing a search warrant directing a search of a premises

or a vehicle may search any person therein if:

It is reasonably necessary to protect himself or others from the

use of any weapon which may be concealed upon the person; or

It reasonably appears that the property or times enumerated in

the search warrant may be concealed upon the person.

Time of Service:

Upon a showing of good cause a magistrate may, in his discretion

insert a direction in the warrant that it may be served at any time of

the day or night. However, in the absence of such a direction, the


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warrant may be served only in the daytime. For purposed of this

section, night is defined as the period from 10:00 p.m. and 6:00 a.m.


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Warrant Return:

A search warrant shall be executed and returned to the issuing

magistrate within three court business days after issuance. Upon

expiration of that time the warrant, unless executed, is void. The

documents and records of the court relating to the search warrant need

not be opened to the public until the execution and return of the

warrant or the expiration of the five-day period after issuance.

Thereafter, if the warrant has been served, such documents and records

shall be opened to the public as a judicial record.

Warrant Inventory:

The officer shall return the warrant to the magistrate and at the same

time deliver to him a written inventory of the property taken.

Plain View:

A plain view seizure, is technically not a search. For a seizure of

property (contraband, fruits or instrumentalities of the crime), to belegally justified under the plain view doctrine the following elements

must all exist:

The officer, as a result of a prior valid intrusion into a

constitutionally protected area, must be in a position in which he or

she has a legal right to be;

The officer must not unreasonably intrude on any person's reasonable

expectation of privacy;

The officer must actually observe the item of property/evidence;

The item of property/evidence must by lying in the open;

It must be immediately apparent to the officer that the item observed

is evidence "subject to seizure";

The discovery of the item of property/evidence by the officer must be

inadvertent.

The officer may not move items, look inside or underneath or behind

them for serial number or other identifying marks. If such movement is

necessary, the officer(s) shall obtain a search warrant.

Abandoned Property And Open Fields:

A search warrant is not required for property that has been abandoned.

To constitute abandoned property, two conditions must apply:

The property was voluntarily abandoned;

The property was discarded outside the area in which someone has

a reasonable expectation of privacy.


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Open fields are not protected by the Fourth Amendment, but officers

must distinguish them from curtilage, which essentially is a yard

where private residences are concerned. Curtilage has no absolute

definition that officers can apply under all circumstances. The extent

of curtilage of a private residence, for instance, is determined by

whether the area is enclosed; the nature and use of the area; the

proximity of the area to the home; and any measures taken by the owner

to protect the area from observation.

Vehicles:

For purposes of this section, a motor vehicle is any vehicle operating

or capable of being operated on public streets or highways, from

trucks to automobiles to mobile homes. A vehicle that has been

immobilized in one location for use as a storage facility or home is

not a motor vehicle for Fourth Amendment purposes. Additionally, for

the purposes of this section, a search is an examination of a motor

vehicle with an investigative motive; that is to discover evidence or

to examine the vehicle identification number to ascertain ownership.

In recent years, the U. S. Supreme Court has modified and expanded the

conditions under which officers may search vehicles. Preferably,

officers shall search vehicles under the authority of a search warrant

whenever sufficient time exists to obtain one. Nevertheless,

warrantless searches of vehicles may take place under many conditions

and circumstances. It is imperative that officers understand the

different types of vehicle searches and their limitation.

When possible, searches of vehicles shall be conducted contemporaneous

with the stopping or discovery of the vehicle. As a general rule,

vehicle searches shall be conducted as soon as reasonably possible.When possible, officers shall avoid damaging a vehicle or its

contents, and shall minimize the intrusiveness of the search and any

r inconvenience suffered by the passengers or owner.

As vehicles may contain sharp or pointed objects, and perhaps even

syringes or other material with body fluids on them, officers shall

take precautions to minimize exposure to communicable diseases.

Inventory of Vehicles:

The Department requires officers to inventory any lawfully impounded

vehicle, or a vehicle removed from the street and placed in police

custody. Any evidence or contraband found during the inventory may be

used to formulate probable cause for a subsequent search or arrest.

Vehicles shall be inventoried per department procedures which require

an inventory of the entire contents, including closed containers

(provided they can be opened without breakage). The purpose of an

inventory is to ensure safekeeping of private property and to protect

the Department from liability. To justify an inventory of a vehicle:

The officer must have lawful custody of the vehicle;


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DIRECTIVE

The inventory shall be conducted pursuant to departmental policy;

The scope of the inventory shall be limited to those parts of a

vehicle likely to conceal important or valuable items;

Closed container may be examined if they are likely to contain

valuable property;

The vehicle and its closed containers shall not be damaged.

Warrantless Searches of Vehicles:

Warrants shall be obtained to search vehicles, if feasible, unless an

emergency exists. Any vehicle that has been disabled with little

chance of its being driven away shall be searched with a warrant. In

all other cases, vehicles may be searched without a warrant:

When probable cause exists; or With the driver's consent; or

Incident to the arrest of the occupants; or

To frisk for weapons; or

When necessary to examine the VIN or to otherwise ascertain ownership;

or Under emergencies or exigent circumstances.

Limitations:

With a warrant, a search may extend anywhere within the vehicle,

unless limited by the warrant itself.

When probable causes exists, a search may extend anywhere within the

vehicle, unless the probable cause is limited to a specific part ofthe vehicle.

When consent has been obtained from the driver, officers may search

the vehicle subject to any limitations specified by the consenting

person. Consent shall be obtained in writing, if feasible.

Searches incident to the arrest of an occupant shall be limited to any

area within reach of the arrestee. The area within reach is deemed to

be the passenger compartment. The trunk, engine compartment, and any

locked compartments shall not be searched.

Frisks for weapons shall be confined to the passenger area. Any place

not immediately accessible to the occupants, such as a locked glove

compartment, shall not be frisked. If the contents of a container are

immediately accessible to the subject, a closed container may be

searched for weapons.

NOTE: An officer can order the suspect from the vehicle and frisk both

the suspect and the vehicle.

An entry into the vehicle to examine the VIN or otherwise determine


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ownership must be limited to those purposes.

An emergency search of the vehicle may be conducted but the extent of

the search must not exceed whatever is necessary to respond to the

emergency.

If the initial search under the above conditions gives rise to

probable cause that evidence, contraband, fruits, or instruments of

the crime might be found elsewhere in the vehicle, offices may search

those areas that might reasonably contain such items.

Containers:

In a probable cause search, containers may be opened wherever found in

the vehicle. When the passenger area is searched incident to an

arrest, containers within the passenger area may be opened.

During a consent search, containers may be opened provided that the

terms of the consent either so permit or reasonably imply permission.

Containers found in or discarded from a vehicle under circumstances

not amounting to probable cause or in connection with a search

incident to an arrest shall not be searched but shall be secured until

a warrant is obtained.

Locked containers shall be opened only under a warrant or with

consent.

Property

Seizure:

When an officer takes any property he shall give a detailed receipt tothe person from whom it was taken or in whose possessopm it was found.

If the property was not taken from a person, the officer shall leave

the receipt in the property.

Retention of Property Seized:

All property or things taken on a warrant shall be retained in the

custody of the seizing officer, subject to the order of the court in

which the warrant was issued, or any other court in which such

property or things is sought to be used in evidence.

Consent Searches:

Consent searches must observe the following rules:

Generally, the person granting consent must use, access, or control

the property;

If two people have joint ownership of the property, either may give

consent. If both are present, however, and either objects to the


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search, valid consent does not exist;

A landlord, including a hotel or motel manager, cannot consent to a

search of a tenant's premises, unless the tenant has been evicted or

has abandoned the property;

A husband or wife, or one member of a cohabiting unmarried couple, may

consent to a search of areas in common ownership or use;

A parent may consent to a search of premises occupied by a dependant

child;

An employee cannot give a valid consent to a search of his employer's

premises unless he has been left in custody of the premises;

An employer may generally consent to a search of premises used by

employees, except premises used solely by an employee (e.g., a

locker).

Consent must be given voluntarily. If an officer requests consent froma citizen under circumstances which a reasonable person would consider

coercive, then any consent given will not be considered voluntary and

the officers must seek a warrant. The officer may have the burden of

demonstrating a voluntary consent.

A person who initially gives consent may withdraw it at any time.

Officers shall then secure the premises and seek a warrant.

Search Without Warrant:

The Fourth Amendment guarantees the right of the people to be free

from unreasonable searches and seizures of their homes, persons andthings. The Supreme Court is continuously interpreting the Fourth

Amendment as it applies to police conduct. The Court has repeatedly

stated its preference for search warrants based upon probable cause as

the chief means of balancing the need for efficient and effective law

enforcement against the need to protect the right of individual

citizens to be secure against unreasonable searches and seizures.

The warrant procedure is preferred because it places responsibility

for deciding the delicate question of probable cause with a neutral

and detached judicial officer. Law enforcement is thereby served,

because law enforcement officers are enabled to search certain persons

or places and to seize certain persons or things when the officers can

show reasonable grounds that the person, place or thing is

significantly connected with criminal activity. The Fourth Amendments

rights of citizens are also served by the warrant procedure because

the decision to allow a search and seizure is removed from the sole

judgment of law enforcement officers engaged in the competitive

enterprise of investigating crime.

Nevertheless, situations may arise in which the time and effort needed

to obtain a search warrant would unjustifiably frustrate enforcement


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of the laws. In order to ensure that the delicate balance between

individual right and law enforcement is maintained, the courts have

carved out various exceptions to the search warrant requirement and

have allowed warrantless searches in certain situations. The following

exceptions have been recognized by the courts:

Search Incident to Arrest;

Consent Searches;

Emergency Searches;

Plain View;

Abandoned property and open fields;

Inventory searches of vehicles;

When executing arrest warrants;

Pat-downs of suspicious persons.

If officers enter premises with probable cause to believe that

critical evidence may be destroyed or removed unless immediate action

is taken, they may enter without a warrant, secure premises, and

obtain a search warrant before proceeding further unless they have

obtained consent to search, or some new circumstances arise

necessitating another warrantless search.

Exigent Searches:

A search warrant is not necessary in an emergency. An emergency is

sometimes termed "exigent circumstances". As a general rule, no arrestwarrant or search warrant is required for an arrest in a public place,

as long as probable cause exists.

Considerations in evaluating whether an emergency exists are:

The degree of urgency involved and the time required to get a

warrant;

The officer's reasonable belief that contraband is about to be

removed or destroyed;

The possibility of danger to others including officers left to

guard the site;

Information that the possessors of contraband know that police

are on their trail;

Whether the offense is serious, or involves violence;

Whether officers reasonably believe the suspects are armed;


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Whether the officers have probable cause;

Whether the officers have strong reason to believe the suspects

are present on the premises;

The likelihood that the suspects will escape;

The suspects entry onto premises after close pursuit.


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SUBJECT: Crime Scene InvestigationsNUMBER: 97-02EFFECTIVE DATE: June 1, 1997REVIEW DATE:AMENDS/SUPERSEDES/ADDS:APPROVED: Eric A. Duthie

NOTE:This rule or regulation is for internal use only and does not enlarge the






Policy

Crime scene for purposes of this policy is defined as any location at

which a suspected criminal offense has occurred. All crime scenes arethe same. They may run the gamut from the very simple to the extremely

complex but regardless of the simplicity or complexity of the crime

scene, the major goals of each crime scene investigation remain the

same. Those are:

The collection and preservation of physical evidence; The

reconstruction of the crime;

The identification of the suspect(s);

The linkage of the suspect(s) to the crime scene;

The establishment of probable cause to support arrest,

prosecution and conviction of the suspect(s).

Every crime scene has a story to tell. There are a number of important

steps involved in correctly and efficiently recording this crime scene

"story" so that the story can later be related to a jury in a

reasonable and convincing manner.

Basically there are three major avenues available to the investigator

to aid in the solution of a crime: confession of a suspect, statements

by victim and witnesses and/or information obtained through physical

evidence.

While confessions are of great value, they are subject to legal

difficulties in terms of procedural requirements and admissibility.

Confessions are extremely critically scrutinized by the courts.

Witness statements can be inherently unreliable, depending on the

person viewing the crime and the physical conditions surrounding the

viewing. The credibility of witnesses may be subject to attack on a

number or grounds, including poor character, mental capacity, ability


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to communicate, and prior arrests.

Physical evidence is normally inanimate and provides impartial

information. The presentation of physical evidence during a trial can

provide valuable assistance in proving the state's case. If used

effectively, physical evidence can be used to support a confession, to

confirm witness statements or overcome a series of conflicting and

confusing statements made by witnesses who observed the same incident.

An investigator should always attempt to obtain confessions and

witness statements as both are valuable evidence but he should not

pursue these to the exclusion of physical evidence. An investigator

should not fall into the trap of feeling that since a suspect has

confessed and/or witness statements exist, he does not need physical

evidence.

The greatest source of physical evidence is usually the scene of the

crime. Crime scenes are dynamic situations, subject to rapid change or

alteration, therefore the investigator generally has only one

opportunity to recover the evidence.

While there is no perfect, unalterable set of rules which are

applicable to all instances that can arise in conjunction with a crime

scene investigation, there are certain fundamental guidelines which

may be utilized to guide any crime scene investigation.

This policy sets down the fundamental guidelines which shall guide the

investigator in the crime scene investigation efforts. Every effort

shall be made to thoroughly process every crime scene following the

principles outlined in this policy.

Procedure

The basic steps through which a crime scene normally progresses are as

follows:

o Approach to the scene;

o Secure and protect the scene;

o Preliminary examination of the scene. Plus prepare narrative

description;

o Photograph the scene;

o Sketch the scene;

o Evaluation of the evidence;

o Plus fingerprint evidence;

o Plus evaluate physical evidence;


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o Detailed search of the scene;

o Collection, recording, marking and preserving the evidence;

o Final examination of the scene;

o Release of scene;

Approach to the Scene.

Law enforcement personnel who are responding to a crime scene should

be alert for a variety of things which may be ultimately connected

with the investigation. People, vehicles, and objects observed by

responding officers may provide details concerning the crime and

person(s) responsible.

Secure and Protect the Scene.

To avoid contamination of the scene and provide the greatest

possibility of documenting the original condition of the scene, allpersonnel must give maximum effort to securing and protecting the

scene. This requires continuous attention throughout the crime scene

investigation and cannot be approached in a haphazard manner if

success is to be achieved.

"Securing the scene" and "protecting the scene" are actually two

separate but extremely interrelated duties. Before a crime scene can

be properly "protected", it must first be adequately "secured". In

order to secure the crime scene, the investigator must first establish

the perimeters of the scene. When the perimeter has been established

all possible efforts are exercised to prevent any disturbance to the

original condition of the scene. This requires that control bemaintained over all persons entering the immediate crime scene. Most

of the major problems which arise in court concerning the

admissibility of evidence and the contamination of the scene revolve

around the initial steps taken by police officer to insure that the

scene is properly protected.

Preliminary Examination.

The preliminary examination or preview is that stage of a crime scene

investigation in which the basic foundation for management,

organization and logistics is developed to suit the need of that

particular crime scene. The purposes of the preliminary examination,

include:

To establish administrative and emotional control;

To delineate the extent of the search area;

To organize the methods and procedures needed; To determine

manpower and equipment needs;


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To develop a general theory of the crime;

To identify and protect transient evidence;

To prepare a narrative description of the scene;

The preliminary examination begins when it is believed that the scene

has been thoroughly secured and protected. The preliminary examination

starts with an initial walk-through of the scene. This initial walk-

through is undertaken in order that the officer-in-charge has

understanding of the scene as a whole, including the existence and

location of readily observable items of possible value as evidence.

The initial walk-through should be accomplished by as few persons as

possible to insure that there are not numerous people operating in an

uncoordinated and undocumented manner.

The preliminary examination is the most important phase in conducting

a successful crime scene search. It involves the formulation of anorganized plan of action and prevents random physical activity which

could destroy valuable, relevant evidence.

Narrative Description.

A narrative description of the crime scene should be prepared during

the preliminary examination. The "narrative description" is a means of

documenting the original condition of the scene as found by

investigating personnel.

The "narrative description" will not have the preciseness developed

during the actual crime scene process through utilization of sketchesand photographs. It is simply a documentation of the scene as readily

observed by the naked eye.

The ultimate value of the "narrative description" is to show the jury

how the scene appeared to the officers who first arrived at the scene.

It is also a valuable tool in preparing case reports.

Photography.

Photography of a crime scene is a continuous process and must include

over-all, medium and close-up photographs to show the immediate scene,

the general scene location, as well as individual items of evidence.

The photographs should logically tell a story which can be pictorially

viewed and understood by a judge and jury.

To assist in this endeavor a photographic log shall be prepared. The

photographic log shall document the equipment used, personnel

involved, locations, and items photographed, general surrounding

conditions and other data which would influence the photographic

effort at the scene.


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The crime scene photographer must consider the legal aspects of

photography. He must take steps to establish that the photographs are:

Accurate representations of the scene; Free from distortion;

Material and relevant to the investigation; Un-prejudicial;

Properly taken crime scene photographs document:

The location of the crime scene;

The nature of the crime;

The results of the criminal action;

The physical evidence created by the criminal activity;

Crime Scene Sketch.

Crime scene photographs should be supplemented by a crime scenesketch. Distance relationships can be distorted and inaccurately

interpreted solely through the examination of photographs. A sketch

provides true distance relationships to complement and supplement the

crime scene photographs. The locations of all pertinent items of

evidence can be recorded on the sketch and provide an easily

understandable display for the jury.

Evaluation of Evidence.

The ultimate purpose of any crime scene search is the discovery of

physical evidence which will connect a suspect with the crime. Both

latent fingerprint and other forms of physical evidence present at acrime scene must be evaluated prior to attempts being made at evidence

collection. A careless dusting procedure for possible latent

fingerprints may contaminate or destroy transient evidence such as

hairs or fibers. Conversely, a poorly executed attempt to collect

hairs or fibers may result in the destruction of valuable fingerprint

evidence. Each case must be evaluated on its own merits to determine

the sequence in which evidence is to be collected.

In all cases the "possibilities" of all types of physical evidence

must be explored and the detailed search must proceed based on this

evaluation.

Detailed Search.

Once a systematic evaluation of the evidence has been accomplished, a

detailed search based on the realities of the situation can be

undertaken. This stage of the crime scene investigation will reveal

the maximum evidence potential of the scene.


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Collection, Recording, Marking, Preserving, Evidence.

The success or failure of the efforts during this stage of the

investigation depends on the planning and organization done in the

earlier states.

If an organized and methodical approach has been fostered by careful

attention to detail, the intensive search which follows will have the

greatest potential for success.

Final Review.

The purpose of the final review of the crime scene is to review all

circumstances from the beginning of the crime scene investigation.

All elements of the crime scene must be reviewed. The critical

question to be answered is, "Has the crime scene investigation effort

considered all possibilities of telling the story of this crime

scene?"

A thorough, objective final review may prevent important evidence from

being missed, critical photographs from being neglected or obvious

facts from being overlooked.

Release of the Scene.

Upon completion of the final review there must be a decision to

release the scene. The decision should be formal, official and leave

no room for misinterpretation. The authority for this decision shall

rest with the person in charge of the crime scene investigation.

Crime Scene Documents.

The following documents shall be utilized in recording the steps taken

during the various stages of processing a crime scene.

Administrative Log:

The administrative log shall be used to document all major

events, times, and movements relating to the crime scene

investigation.

Preliminary Review:

The preliminary review sheet shall be used to Document the

initial and continuous management and administrative steps

which are taken to insure that an organized investigation

is accomplished.

Narrative Description:

The narrative description shall be used to document the

general appearance of the scene as first observed extreme


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detail regarding evidence, or actual collection of

evidence, is normally beyond the scope of the narrative

description.

Photographic Log:

The photographic log shall be used to document the

photographs taken during the investigation.

Crime Scene Diagram/Sketch:

The Crime scene diagram/sketch shall document the physical

evidence. Locations, as well as measurements showing size

and distance relationships in the crime scene area shall be

documented on the sketch.

Evidence Recovery Log:

The evidence recovery log shall document the recognition,

collection, marking of physical evidence for administrativeand chain of custody purposes.

Chain of Custody:

The chain of custody shall document the collection and

handling of evidence. Provides a tool for establishing the

trail of evidence from discovery to presentation in court.


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SUBJECT: Employee Performance EvaluationNUMBER: 97- 03EFFECTIVE DATE: September 1, 1997REVIEW DATE:AMENDS/SUPERSEDES/ADDS:APPROVED: Eric A. Duthie, CHIEF OF POLICE

NOTE:This rule or regulation is for internal use onl