208 Pt 1 "Arrests Pt 1" Flashcards

1
Q

4 208-01 Law of arrest (3/3/22)

UMOS SHOULD KNOW:
If a perp has a warrant addressed to criminal court, district court, or at a superior court judge sitting in a lower court then WHEN and WHERE can UMOS effect an arrest:___________

If a perp has a city court (not NYC), town or village court warrant then WHEN and WHERE can UMOS effect an arrest:_________________

Where can UMOS make a summary arrest for crimes (misd and felonies):______________

Where can UMOS make an arrest for a Violation committed IN YOUR PRESENCE, and it is believed to be within your geographical area of employment: ____________
** Officer need “ PROBABLE CAUSE or REASONABLE CAUSE TO BELIEVE” to arrest an individual for a crime.**

A

Anytime, anywhere in NYS

Anytime BUT only in county of issuance OR adjoining county

Anywhere in NYS in OR out of your presence (if close pursuit, we can go beyond NYS)

If it is believed to be committed in your GAOE, then you can arrest anywhere in county of occurrence or adjoining county (if in close pursuit anywhere in NYS, but must stop at state line)

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2
Q

2 208-02 Arrest removal to department facility
(03/3/22)
When UMOS effects an arrest he/she should inform prisoner of authority and cause, unless impractical (resistance/flight)
Remove prisoner to pct of arrest and inform D.O of charge.

A/O ascertain if a child is present using all available info( radio dispatcher, indicators at scene). Arrest a Parent and Guardian (P/G), outside of child’s sight and hearing, if possible. Only display a weapon (Gun, CEW) in Child’s sight when necessary and Consistent with Dept policy and officer safety -this may TRAUMATIZE them so reassure child ASAP. A/O make every effort to avoid the use of force to seperate a child from thier parent/guardian, Permit P/G to speak to child prior to transport. If not practical , explain, using age appropriate language that P/G will be safe, Child did nothing wrong and will be safe and cared for . A/O allow kid to take a familiar object ( teddy bear) . Ascertain child’s medical, behavioral, psychological conditions and get required medication, if child present or not, let P/G choose babysitter as long it’s not a drug addict, dangerous, etc. A/O assist P/G getting numbers out of their mobile phone/other, to arrange for the care of the child, If an alternative cannot be IDed or cant respond in reasonable time, comply with 215-01. After arrest & prior to arraignment in Criminal court, offer to make a referral to partner organization for services to child. If they consent, make referral & put offer & response inA/L.
A/O immediately inquire if medical/psych treatment necessary & ensure BWC activated when asking. Request EMS as appropriate.

A/O should take juvenile (ages 7-15) to location “specifically designated” suitable for interrogation. Designated locations are listed in ____&____.

“When arresting juveniles A/O should then immediately notify _____ of Charges & if was force used to effect the arrest. Immediately upon arrival at COMMAND, complete captions on Prisoner Pedigree card & give to D.O. Remain w/ prisoner at all times unless relieved by Arrest Process Officer.

For booking purposes use “preferred name” in:
(3 places)
1. _________
2.__________
3. __________

IO # 13 S-20
Handcuff prisoner with hands behind back.
-Rear cuff pregnant prisoner, absent exceptional circumstances ( medical emergencies, or visibly prisoner who may be difficult to rear cuff and poses no immediate threat) and notify ___________ and PROVIDE Pertinent Details.

Immediate Supervisor respond to scene of arrest, as appropriate.
-Designate a UMOS at the scene of arrest to obtain ranks, names, tax # and commands of uniform members present at scene of arrest, and to ascertain if those UMOS possessed Body-worn camera , and if the body- worn cameras were activated,
- Direct all UMOS on SCENE to provide A/O with COPY of “ACTIVITY LOGS”.

(CONT ON NEXT NOTECARD W/ D.O DUTIES)

A

Command Library & Juv Desk

D.O

  1. Prisoner pedigree-“preferred name” section
  2. Prisoner movement slip-“preferred name”
  3. OLBS in “nickname/alias” section prefaced by “P”

Immediate Supervisor

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3
Q

2 208-02 Arrest removal to department facility (3/3/22)

D.O has A/O complete all captions of prisoner pedigree and he “immediately” transposes that information in to the ________ to initiate arrest process.
(D.O files each prisoner pedigree by date and time of ARRIVAL AT COMMAND)

D.O should have the A/O and Assisting A/O’s rank, name, shield, and command (NOT TAX#) ENTERED in _____________ (3 places-Except for DWI, then its only 2 places because A/O went to testing facility)

The D.O also determine VALIDITY of arrest. Desk officer must notify _____________ if off duty arrest.

D.O verifies prisoners ID by satisfactory documentary proof,( preferably Government issued identification).
A/O inform them knowingly lying re: DOB, Name,Address w/ intent is a “B” Misd.

D.O should count perps money, enter it in command log and return to prisoner. If perp has over 100 dollars the D.O should enter amount kept and voucher number for the rest in _____________.

D.O MUST ensure a member of the service Monitors the prisoner closely when if prisoner placed alone in a cell for any reason(fighting,disruptive or any other reason)

(IO # 84 S-17 Religious Head Covering)
Inform Prisoner wearing religious head covering that it MUST be searched. Advise that may be conducted in Privately if he/she Prefers. Comply PG 221-13, Mentally ILL or EDP, if prisoner refused to search.
Allow to wear religious head cover after searches for weapons and contraband.
A religious head cover will be be Routinely Removed(like a remove belt , shoelace etc) UNLESS
It is likely to be Dangerous to life, escape facilities or to be used to damage Department Property.
If the A/O removes religious head covering due to
“ Safety/ Security Concerns, make __________ indicate the reason.

A

Command log

Command log, Interrupted patrol log, Roll call

C.O/Duty captain

Command log

Command Log Entry

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4
Q

2 208-02 Arrest removal to department facility (3/3/22)
(Additional data)

D.O will be held “strictly accountable” for prisoners while in command and will ensure that a prisoner is guarded at all times by UMOS.
If prisoner placed alone in a cell for any reason, D.O must ENSURE a MOS monitors prisoner closely

If potential arrestee acts irrationally OR violently resists and is confined and UNARMED (detention cell, or automobile) then UMOS should _______________(3 things).
Must also immediately request response of _______ and _______.

(IO #2 S-20)
A prisoner , initially being processed for a DAT, who exhibits signs of distress and would face harm without immediate medical care will be given immediate medical attention. In this scenario, a DAT won’t be issued and arrest processing will be continued Online.( IO #2 S-20)

If perp ingests drugs or Other Dangerous Substance, the Prisoner will be transported from the place of arrest DIRECTLY to the Nearest Hospital Facility.
NEVER go to SH, REQUEST EMS and go to NEAREST hospital. A/O must promptly tell _______ and ________ unit when: ___________ (3things)

(MUST BE P/S! NOT CRIME OR SNEU SUPV!!)

A
  1. Treat as an EDP
  2. Attempt to isolate and contain (block automobile with one or more RMPs)
  3. ALWAYS go to hospital

P/S and ESU

P/S (ALWAYS, crime cop tells P/S) AND Communications section dispatcher

  1. Observing ingestion of drugs( upon possible ingestion)
  2. When you transport to hospital is initiated (when you leave for the hospital)
  3. When 84 at hospital.
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5
Q

4 208-03 Arrest processing (03/26/2020)

The A/O should know to request assistance from detective squad when prisoner is arrested for: BURGHAS (acronym)

A/O should perform license check through FINEST, using the “DALL” format, on all defendants arrested while driving a vehicle that is:
_________

IO #2 S-20
Comply with PG 208-72, Obtaining Prisoner DNA Sample, if discovered that prisoner owes DNA for inclusion in the New York State DNA Databank.

Cellphone Rule
A/O inform prisoner that phone number(s) and associated addresses stored on a cellular phone that is NOT being invoiced as ‘Arrest’ or ‘Investigatory’ evidence may be accessed and recorded for the benefit of the prisoner in order to assist during pre-arraignment processing at the borough Court Section.
- Have prisoner sign Cellular Phone Information Consent Form, and provide passcode.
1- Retrieve up to three phone numbers, associated addresses (if available), and contact names from the cellular phone
2- The Consent Form will be used to document contact information for three individuals on behalf of CJA, and under no circumstances is any other information, conversation, or image (e.g., photos, messages, emails, applications, etc.), to be obtained or recorded without separately obtaining a consent to search for that purpose or a warrant.
3- Do not obtain information if prisoner refuses (see PG for more info)

A

(To cook the BURGHAS)

Burglary
Unusual crime
Robbery
Grand larceny
Homicide
Assault (serious)
Serious crime
(G IS FOR GRAND LARCENY… not gun!)

Altered VIN
Stolen vehicle
Stolen plates

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6
Q

4 208-03 Arrest processing
(3/3/22)
A/O should give complainant name of perp, charges, A/O name, pct of occ., invoice #’s, location of court.

A/O immediately field search/frisk prisoner and search adjacent vicinity for weapons,evidence and/or contraband.
If a Juvenile is taken into custody, notify the _____juv Desk(24/7 week) and parent/Guardian immediately. Before questioning a juvenile: Active _____ or recording device and Read Miranda warnings to the juvenile utilizing Miranda warnings for Juvenile interrogations.

IO#72 S-19
Pct Youth Officer
Follow up on arrests of youths under 18 yrs of age

A/O should advise prisoners ____ AND OLDER of right to make 3 phone calls.
(So we don’t advise juveniles of their right to a phone call!!!!)
1 call anywhere in USA/PR. And the remaining calls anywhere in NYC.

Permit prisoner adequate opportunity to make telephone calls to “ check on the status and well-being of their child. IO #29 S-20

A/O should make call if perp is incapacitated by drugs or alcohol.

PERMIT TELEPHONE PRIVILEGES DECLINED DURING ARREST PROCESS!!

If prisoner requests to call an individual with hearing/speech disability, MOS should _____________

D.O ENSURES calls or refusals are documented on __________ and input in to Omniform system.
(PHONE CALLS ARE NOT DOCUMENTED IN COMMAND LOG!!)

If prisoner refuses to consent and sign Consent Form, write “ Refused” on Signature of Person Consenting line and make an entry Active Log documenting refusal, Cell Phone will not be Accessed (IO # 72 S-19)
In certain arrest situations the prisoner may be granted possession of his/ her phone to retrieve contact number , provided the A/O can articulate there are no safety and /or escape concerns, or risk of destruction of evidence, witness tampering, or victim /witness intimidation.(IO #5 S-18)

A/O must notify relative/friend if perp is less than ____ years old or __________ or _________.

If unable to notify relative /friend then A/O should notify _________ and ________ and make a _________ report.

The _________ should ensure housing residents arrested from SEARCH warrants where contraband is recovered are targeted for eviction

A

RTCC
BWC

18 and older!

Dial 711 for TRS operator

OLBS worksheet

Less than 19 OR ADMITTED to hospital OR Of unsound mind (EDP) apparently emotionally disturbed.

PDS AND MPS and make a missing person report.

D.O

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7
Q

4 208-03 Arrest processing
(3/3/22)

D.O is strictly accountable and will ensure prisoner is guarded AT ALL TIMES.
The D.O should immediately determine if perp is a high escape risk via interview and background check, and if so the D.O should ENSURE prisoner is guarded at all times by _________

DO ensure a criminal history check is completed for every perp arrested for “ Resisting Arrest”
-Assault 2 or Assault Peace Officer,PO, Fireman,EMS or Aggravated Assault upon PO or peace Officer
“2 or More times within the last 5yrs, the perp shall be deemed (여기다) a “Resisting Recidivist “.
- Ensure all arrest involving a Resisting Recidivist are enhanced by PDS and that DA’s office puts Forth all efforts towards a successful prosecution. (IO #75 S-19)

IO # 52 S-18
A “REASONABLE ATTEMPT” shall be made to notify a “RELATIVE or FRIEND “ if perp appears to have disability which may affect mobility, speech, hearing or mentally ability, appropriate auxiliary aids to facilitate communication shall be used.

(Perp placed alone in a cell for ANY reason-D.O ENSURES a MOS monitors prisoner closely)
(High escape risk-D.O ENSURES prisoner is guarded at all times by assigning 2 UMOS)

Also D.O should direct A/O to ask perp if they have any uncared for dependents at home, make CLE of results IF perp has uncared for child at home. (The _____asks perp if he has uncared for dependents and D.O makes CLE). (IO #21 S-19) Comply with PG 215-01, “ Children or Minors Requiring Care and/or Shelter”, if it is determined that dependent adult/child is alone in prisoner’s Residence.

-Have the following property removed from perp-
Personal(ID, debit/credit cards, etc..) except clothing, ONLY if perp is “Intoxicated or Unconscious”.(IO #52 S-18).

If perp is transported to hospital or escapes hospital the D.O directs the A/O to IMMEDIATELY NOTIFY ____________if they’re not available then notify ______________ (A/O is making notification)

However when D.O has A/O request secure location for hospitalized perp, that request is made to ___________

A UMOS may request permission from ___________ not to use handcuffs on perp when:
______ (acronym)
(Even though you don’t use handcuffs you still MUST search perp)

A

Assigned 2 UMOS

A/O

Health and hospital corporation police. If they’re not available then notify hospital security.

Emergency room staff

Immediate supv!
(SlATE)
Surrendered at Law enforcement facility
Accompanied by attorney
Threat to safety is low
Escape potential minimal

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8
Q

4 208-03 Arrest processing
(3/3/22)

D.O should ASK prisoner if they want any property invoiced for safekeeping.
(D.O counts perps funds himself and asks perp himself if they want any property invoiced for safekeeping!)
D.O MUST make a CLE with voucher # IF safeguarded OR refusal IF not.
(So ALWAYS make a CLE, even if CLE is only states their refusal)
IF perp is intox, don’t ask, just safeguard personal property for them (other than clothes)
IF lawfully carried but dangerous/would facilitate escape (nail clippers, markers, shoelaces, articles containing glass or having sharp edges, belt, neckties, drawstrings) then the D.O should voucher OR give itemized receipt for property temporarily removed from perp which is not to be held in police custody.
(So every time we collar and remove perps property the D.O is supposed to give them an itemized receipt for the property that we temporarily remove!?!)

The _____ must voucher prescribed meds (including methadone) for safekeeping even if perps getting a DAT! D.O then places prescribed meds in PSE IN PRISONERS PRESENCE. In this case the D.O also makes “MEDICAL TREATMENT of PRISONER FORM” to alert detention facility personnel that prisoner may require prescription drug. D.O invoices for safekeeping or returns prescription to prisoner upon release (DAT, voided arrest-in which case don’t make “medical treatment” form)

-Return Prescription drugs to perp upon release, if not DAT , Void arrest etc.., deliver to “Borough Property Clerk” in normal manner. (IO #2 S-20)

HOWEVER, the ________prepares medical treatment of prisoner form when prisoner receives medical/psychiatric treatment, refuses treatment after claiming an injury or illness, already has previously treated prior injuries, is in apparent need of treatment, or may require prescribed medication.

-if perp get DAT, then deliver the “Buff” copy of Medical Treatment of Prisoner to “DO” for file, as appropriate and email remaining copies to “BCS”.(IO#2 S-20)

NYPD issued documents NEVER GET VOUCHERED UNLESS ITS EVIDENCE.

ID card of retired MOS gets forwarded to __________

Aux PD shield/civil defense shield/ID forwarded to _________

NYPD issued press card forwarded to ___________

Handgun license or rifle/shotgun permit forwarded to _____________ REGARDLESS OF CHARGE

A

D.O

A/O

Human resources division with report of facts

Auxiliary police section with report of facts

DCPI with report of facts

C.O License Div. REGARDLESS OF CHARGE

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9
Q

1 208-04 Arrests by a civilian
(3/4/22)

Legally a civilian CANNOT arrest for a _________

UMOS should determine if reasonable cause to believe that person arrested committed offense in question and if civilian had authority to make arrest. Accompany civilian and perp to SH.

_______ determines VALIDITY of arrest made by civilian.
Also D.O assigns UMOS to process arrest but ensures civilian is recorded as having made the arrest. If assigned member cannot complete arrest processing within his tour have UMOS continue processing BUT require relief before EOT.
Relieving member should make digital A/L entry regarding details of arrest.
(BASICALLY NO OT FOR UMOS FOR COLLARS THAT CIVILIANS MAKE).

TEA(traffic enforcement agent) arrests a civilian & MOS believes its unwarranted: get P/S to scene or bring everyone to S.H for FINAL determination.

A

Violation

D.O

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10
Q

4 208-05 General Search guidelines (3/4/22)

FRISK/FIELD SEARCH:
Done immediately AFTER APPREHENSION before OR after cuffing. It’s a methodical external body exam made by sliding hands with special attention to ________________. IF unusual object is detected, officer shall reach into or under clothing to remove it. GENDER DOES NOT MATTER. (Males search female groin, female search male groin)

POLICE FACILITY SEARCH:
Search of person and clothes. Same gender as deft—Removal of outer garments permitted including removal of wig, ties, shoes, socks, wallet, handbags, etc. All pockets are to be emptied, and all clothing not removed will be examined by grabbing, crushing, and squeezing garments, and sliding hands across body.
If the arrestee has a “MOBILITY DISABILITY” and requires the use of a wheelchair, scooter, etc: The arrestee should be rear cuffed while remaining seated. Contact LEGAL BUREAU”, if Mobility Disability arrestee refuses to be searched.

Frisk of the Device:
- For the device (i.e., wheelchair, scooter, etc.), the UMOS should slide hands, palms facing down, over accessible areas of the device.
- The seat should be checked by sliding hands under the buttocks, palms facing down, to cover the entire seat. - The arrestee should then be transported to an Americans with Disabilities Act (ADA) compliant Precinct.

Frisk of the Person:
- The frisk shall be performed on the lower body by sliding hands up each leg and under the buttocks, palms facing upwards.

**Search at Police Facility:
Normally GENDER SPECIFIC* –
NOT a Strip Search:
Upon arrival at precinct of arrest or other dept facility, the A/O (if he/she is of the same sex as prisoner)
or another designated member of the same sex as the prisoner, shall conduct a thorough search of the prisoner’s person and clothing to ensure the safety of all persons within the facility and to remove weapons, contraband, and evidence NOT discovered by the frisk.

A STRIP SEARCH:
Is any search where undergarments(bra, underwear) or private areas are exposed OR clothing is removed, lifted up, pulled down to EXPOSE undergarments or private area.
Strip search is only conducted with knowledge and approval of _____________ or _____________.
A/O must articulate REASONABLE SUSPICION that deft may be concealing weapon, evidence, contraband. After strip search conducted a subsequent strip search will not be conducted unless there is reasonable belief that the subject has acquired a weapon or contraband.
OTHER FACTORS: Nature of the crime(serious violent felony) arrest circumstances, subject’s reputation (extremely violent) acts of violence, unaccounted “hits” on magnetometers/metal detectors & discovery of info from previous searches of perp OR others arrested with him/her.
If disagreement, in regards to conducting strip search, between desk officer and A/O supervisor approving the strip search the _____ will notify the ______________-who will make final decision
As many officers necessary to conduct the strip search are permitted but they should (NOT must) be same gender as arrestee.

Strip search gets documented in:_______(4places)

NO STRIP SEARCH FOR VOIDED COLLARS. BUT YOU MAY STRIP SEARCH FOR DAT

The A/L and CLE for strip searches will both include:
-Basis for the strip search
-Supervisor authorizing the search
-MOS performing the search
-Name of prisoner(s)
-Results (including negative results)

In prisoner movement slip enter “strip searched” with _______ and ________ # in _________

If strip search conducted the SUPERVISOR AUTHORIZING search will ensure the narrative section of OLBS/ARS includes _________ and _________

A

collar,armpit, waistband, groin area

A/O’s immediate supervisor
OR
Boro court section supervisor (if in bookings, it makes sense)

D.O will notify PCT/PSA/TD C.O or Duty captain

A- activity log
C- command log
O-OLBS(narrative section)
P- prisoner movement slip(detention alert section)

Command and Command log page #
“Detention alert” section

Command and Command log page #

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11
Q

4 208-05 General Search Guidelines
(3/4/22)

**D.O direct A/O to prepare A/L entry with info from CLE. ON Prisoner Movement Slip put “Strip Searched,” with cmd & cmd Log Page # in “Detention Alert” secrion.

While conducting strip search, it should not be necessary to touch the subjects body, except for examination of the hair.
Under no conditions shall a cavity search be conducted by any MOS (absolute rule).
If pursuant to a strip search an object is visually detected in body cavity must immediately notify ___________.
Object will NOT be removed without a search warrant.
Once warrant obtained must seek “Assistance of medical professional” in order to remove.

In case where disagreement between DO and A/O’s immediate Supervisor from Outside Command as to whether or Not to remove a religious head covering for safety/security concerns _________ will make final determination.(IO #84 S-17)

Search at police facility for Mobility Disability person refuses to be searched then contact ________when you at the precinct..
** If arrestee is unable to Lift themselves out of, or remove, an assistive device then EMS should be dispatched to location**

Arrestee’s gender is not immediately apparent or an arrestee objects to the gender of the member assigned to perform the search: D.O or supervisor supervising the search will assign a UMOS of the gender _____by the arrestee, consistent with officer safety and resource availability.
- Consistent with the privacy concerns of the arrestee, only those officers reasonably necessary to conduct the
search should be present for the search.
-Under no circumstances shall MOS conduct searches for the purpose of DETERMINING GENDER.
-Officers shall not ask questions about an arrestee’s anatomy without a reasonable basis for doing so.
In the event the gender of the officer assigned to conduct the search DIFFERS from the gender requested by the arrestee, the D.O or Supervisor Supervising the search shall: make a detailed entry in the _____ regarding the factors considered in assigning members to conduct the search and identities of the UMOS who actually conducts the search.

Frisk/Field Search-NOTE (IO #100 S-19)
If the arrestee has a “Mobility Disability” and requires the use of a wheelchair, scooter, etc.. the arrestee should be rear Cuffed while remaining seated. The frisk shall be performed on the Lower Body by sliding hands up each leg and under the Buttocks palms facing upwards.
For the device( wheelchair, scooter) the UMOS should slide hands , palms facing down, over accessible area of the device. The seat should be checked by sliding hands under the Buttocks, palms facing down , to cover the entire seat. The arrestee should then be transported to an Americans with Disabilities Act(ADA) compliant precinct.
- Does NOT have to be done by a member of the same sex as the prisoner
- Conducted by A/O before or immediately after apprehension to find 3 types of items:
1- weapons
2-evidence
3-contraband
Special attention to the waistband, armpit, collar, and groin area.

A

Desk officer

D.O

Legal Bureau

Requested

Command Log

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12
Q

3 208-06 Arrests-security measures
(3/4/22)

BOTH MOS check back seat before and after transport
(Remember 212-07 transporting non MOS in RMP only recorder has to check rear seat UPON CONCLUSION only!!!!!)

ALWAYS transport perp in rear seat

Perp secured with seatbelt on.

Operator AND recorder will be present upon entry and exit from vehicle

Prisoners will be transported in an RMP equipped with a safety partition whenever available. In all cases, prisoner(s) will be kept under observation at all times and both the operator and recorder will be physically present at the embarkment/disembarkment point of the vehicle to supervise prisoner entry and exit.

Transporting members will ensure that handcuffs are double locked, prisoner is placed in position in rear seat to allow recorder to visually monitor prisoner during transport, and when seatbelt is being secured on the prisoner, the other member will remain on opposite side of RMP with door open to tactically assist.

If Vehicle has Child Safety LOCKS, use with prisoners-remember to turn off when transporting MOS. For instructions, see vehicles owner’s manual.

If RMP with partition available AVOID using 12 passenger van.
However if van utilized, normally do not transport more than _____ perps.
If transporting ___ or more perps leg restraints SHOULD (not must) be used in addition to rear cuffing. (IF leg restraints used, transport chains are not required) No more than _____ perps in van. Recorder will be on first bench.

If transporting 3 perps in a van they sit in the ______.
If transporting 7 peeps in a van, then __________
Leg restraints will be utilized if available when transporting 4 and up perps

Same sex UMOS escorts deft to unoccupied detention cells (toilet use), IF AVAILABLE!! (not absolute)

Leg restraints are MANDATORY when perp is
________ (3 reasons)

A

3

4

7

Second bench
4 perps go in third bench, 3 perps go in second bench

  1. Refused to be fingerprinted
  2. Transported to hospital
  3. “High escape risk”

(Desk officer can determine to NOT use leg restraints in extenuating circumstances for fingerprint refusal or hospital transport BUT NEVER for “high escape” risk perps)

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13
Q

3 208-06 Arrests security measures
(3/4/22)

Arresting/escorting officer shall notify attendants OR corrections and make entry on “detention alert section” of prisoner movement slip (and bring information to attention of court section personnel for entry on courthouse movement slips) when perp is a: (retard).

An entry must be made in A/L and in the “detention alert” section of the prisoner movement slip, and BCSS SUPV should be notified for: (savers)
R S
E. A
T. V
A. E
R R
D. S

*This procedure is for when A/O makes notification….
BUT REMEMBER IN 208-11 THE D.O notifies BCS SUPV when perp refuses prints OR is hospitalized. The D.O then documents that refusal in CLE, Prisoner Movement slip, Refused prints report, in this procedure the A/O is notifying corrections/attendants (and not BCS supv) because the D.O already notified BCSS SUPV for refused prints. *

A

ATTENDANTS OR CORRECTIONS:
Resisted arrest
Escape attempt
Threatening behavior
Attempted suicide
Refused prints
Dangerous behavior

BCSS SUPV IS NOTIFIED FOR:
Strip search
Attempted suicide/escape
Violent/dangerous
Emotionally disturbed
Resisted arrest
Separated from another perp

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14
Q

3 208-06 Arrest security measures (3/4/22)
If separated from another perp (in which case you(A/O) notify _________), in detention alert section of prisoner movement slip, under caption “other” A/O should put ___________, as well as _____________
BUT if separated for confidential reasons A/O should enter the _____________ and _______so that further information can be obtained if necessary, rather than entering the actual reason for the separation.

DRUG OVERDOSE(cocaine psychosis):
GO to the hospital, Never go to Police Facility. If Ambulance is not present, call the P/S to decides whether to await Ambulance or transport via RMP.

A

BCS SUPV

Name and arrest # of other perp involved as well as
An indication as to why separation is deemed necessary.

Name and arrest # of other perp as well as Name and telephone number of A/O (NOT REASON!)

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15
Q

2 208-07 Photographable offenses
스톱

An official Department photograph is taken by a member of the Photo Unit for any of these felonies or selected misdemeanors:
(3 card monte NOT photographable)

In addition an official dept photograph will be taken for adults arrested for making graffiti and poss. Of graffiti instruments when such person does NOT qualify for DAT
NO DAT FOR PHOTOGRAPHABLE MISDEMEANORS UNLESS PERP IS HOSPITALIZED
Juveniles will be taken in to custody for Felonies/PHOTOGRAPHABLE Misd./Unlawful assembly

  1. (A Felon J.O)
  2. (3 guns)
  3. (4 con men)
  4. (6 sex abuse 2/Prostitutes EXCEPT PERMITTING)*

(Only sub 3 (pimp) of loitering for prostitution is Photographable!)

(Firearm could to be unloaded in public but must be loaded in home/business)

(Only time criminal impersonation is photographable is when it is of a public servant)

(Arson 5 is a misd. Arson 4, 3, 2, 1 are all felonies, so any arson is considered to be a photographable offense)

A
  1. Arson 5/Felonies /Juvenile offenders
  2. Cpw (firearm only) / Transport, make, dispose, deface of weapon or dangerous instrument OR APPLIANCE/ Prohibited use of a weapon
  3. Jostling / Fraudulent accosting (EXCEPT 3 CARD MONTE*) / Criminal impersonation / Trademark counterfeiting
  4. Sex abuse 2 / Prostitution / Loitering for purpose of promoting sub 3 (pimp only) / Promoting pros. 4 / Patronizing pros. 3 / Patronizing pros. 4 /

Remember NO DAT FOR PHOTOGRAPHABLE MISDEMEANORS UNLESS PERP IS HOSPITALIZED
Photographable offense for loitering for prostitution sub 3 is for PIMP only
Official dept photograph will be taken for adults arrested for making graffiti and poss. Of graffiti instruments when such person does NOT qualify for DAT

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16
Q

2 208-08 Fingerprintable and Palm printable offenses
스톱

*No prints for unlawful eviction *

Fingerprint for loitering for the purpose of engaging in prostitution (or for promoting prostitution)

Appropriately trained investigators of _______________will be permitted to use live scan equipment

Fingerprint all juvenile offenders.
Fingerprint juveniles 11-12 years old only for __________.
13 ,14 & 15 yrs for _________

You can also fingerprint if you Reasonably suspect ID is fake or person is wanted or unable to ID deft

UMOS should take one (1) clear view photo of juvenile and on reverse side enter name of juvenile/DOB/date/pct of arrest/61#/arrest #/ mother’s full name include maiden name and UMOS (cop) should forward promptly in sealed envelope to ______________

Whenever prisoners MUST be fingerprinted and palmprinted, photographs may also be taken.

Fingerprintable & Palmprintable offense for adult:
-Any felony
- PL Misdemeanor
-Misdemeanors outside PL that is felony if previous conviction
-Loitering for Pros

Adolescent Offender-16&17yrs charged w/ Felony(IO#72 S-19)

A

NYS attorney general office

A/B felony

Any felony

ID section, youth records unit, police headquarters

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17
Q

2 208-09 Rights of person taken in to custody (3/4/22)

When deft is IN CUSTODY and we QUESTION him we must give MIRANDA. Cease questioning if perp asks for attorney.
UMOS should contact attorney if deft requests.
Contact __________ for LIP ( Language Initiative Program) if you need interpreter, but only make CLE when interpreter is used.
If attorney does not know Clients ID then NO INTERVIEW.
The D.O permits interview in ______ for _______ and assign a UMOS to keep prisoner and attorney under constant observation at all times (ensure nothing is passed between them)
The ______ PERSONALLY enters Attorney visit in _______ (name/address/phone # of attorney, if interview conducted, time attorney arrived/departed/identity of person who retained attorney).

(210-01 D.O enters attorney interview on an ARS w/ same information as above)
AND(210-10 D.O/BCS SUPV “Presence” while P/G visited in SH and No longer than 15mins)

The D.O also assigns UMOS to keep prisoner and attorney under constant observation at all times.

IF a request is received from an attorney seeking the location of a client who has been arrested and is in custody of this dept, then the MOS receiving Attorney’s phone call must enter it in _____________ and notify _______(they send FINEST to all cmds).

The D.O must then determine if prisoner is detained at SH, and direct interrogating officers to cease interrogation and permit prisoner to contact attorney.
In this scenario the A/O does NOT call attorney. ALLOWS DEFT to call.
The D.O will notify the originator of the FINEST message.

IF INTERVIEW WAS CONDUCTED AT BCS FACILITY OR AT A PRECINCT OTHER THAN THE PRECINCT OF ARREST:
D.O/Supv notifies D.O pct of arrest, and makes ______ of interview and notification
D.O/Supv then makes entry on _______ or _______

(IMPORTANT NOTE: D.O makes an entry in the OLBS for lawyer interview! The only time the command log comes in this procedure is when the interview is taking place in other that pct of arrest and D.O of that other command MAKES CLE regarding notification!!)**

A

Operations

Muster room
For a REASONABLE TIME

D.O in OLBS!! (NOT CLE)

Telephone record and notify communications

CLE

OLBS or ARS

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18
Q

1 208-10 Alternative procedure for arrest number due to computer failure
(3/4/22)

The D.O notifies the A/O to immediately notify _______ if computer is down and ascertain if problem is correctable. If OLBS down only in your pct then the D.O instructs MOS to obtain arrest number _________________. If OLBS is down citywide then the D.O notifies _____________.

If manual system instituted by BCS the D.O should have A/O fill out captions on manual fingerprint card. The D.O should also use PF9 to force system to accept manual arrest number.
The D.O then has copy of OLBS, prints, prisoner movement slip, delivered to appropriate facility, WITHOUT DELAY BY _________

A

ITB service desk

Via landline from adjoining pct

Boro court section Supv

OTHER THAN A/O

19
Q

2 208-11 Livescan Fingerprinting and Palmprinting
(3/4/22)

UMOS-Generate arrest number through OLBS system and put check digit number on ____________ of OLBS worksheet
IF check digit not recorded retrieve arrest check digit # through BADS
(Check digit is necessary for operation of Livescan)

Immediately begin to fingerprint upon completion of OLBS, and ENSURE prisoners hands are both clean and dry (use pre scan pad to moisten perps fingers/palms IF excessively dry). Enter arrest number WITH check digit into “LIVESCAN” computer.

IF fingers are unable to be printed, enter appropriate notations such as “MISS”,”AMP”,”INJ”,”SCAR”,etc..
“UNDER NO CIRCUMSTANCES WILL FINGERPRINT BOX BE LEFT BLANK”

(Complete “LIVESCAN” processing of a prisoner should not exceed ___ hours from the
time of arrest, ABSENT EXIGENT)

Livescan machine should remain ON and scanner covers CLOSED when not in use. Livescan machine should be recalibrated atleast _______ per tour.
BUSY commands must “recalibrate” more FREQUENTLY….

For routine operational problems of livescan call_________ or _________.
But for technical problems of livescan call ___________

If SUSPICION of intentional damage, D.O makes CLE and INITIATE investigation

If EVIDENCE of intentional damage then desk officer should do an IMMEDIATE investigation and take appropriate action

Livescan machine scanner platens MUST be cleaned after each use with authorized cleaning materials (Windex W/Ammonia D, “Lithopads”) . These materials, in addition to “ Pre-Scan Pads”’ May be requisitioned from the Quartermaster Section

A

Top right corner

3 hours

Once

BCS or Criminal justice bureau

ITB service desk

20
Q

2 208-11 Livescan (3/3/22)

If prisoner refuses to be printed or is removed to hospital the desk officer/supv of arrest processing should immediately notify ______ with Name/Arrest #, fax control #, time of Refusal/Hospitalized, Admission# & be guided by them. BCS SUPV instructs Desk to ask again after all other paper work completed. If he says YES: print on LiveScan & Note compliance again, in these THREE Place CPR.

The D.O Documents prints refusal OR EVENTUAL COMPLIANCE in _________________ (3places)

If prisoner “STILL” refuses to be printed use leg restraints, YOU still MUST Rear Cuff.*** D.O, if extenuating circumstance preclude Leg Restraints, D/O make detailed CLE saying why.

The D.O only authorizes fingerprint override “after”_______ attempts and D.O/supv concurs that rejected print is best print that can be obtained

The “ACTIVITY LOG” function displays a list of records transmitted for the previous _______ hours

A

BCS supervisor

(CPR)
Command log entry (details of perp refusing )
Prisoner movement slip
Refused prints report (prepared)

4 attempts

72 hours

21
Q

1 208-12 Livescan down
(3/4/22)

When livescan down the D.O has A/O immediately notify ________.
The D.O ascertains from _____ IF problem is limited to the command or is down Borowide/Citywide AND the anticipated period of time livescan will be down

If Livescan is down in command of arrest only, then the desk officer has prisoner brought to adjoining pct by ____________ for printing

If livescan down Borough/Citywide, the D.O notifies _____________.

The ___________ determines if deft will be ink printed

When Livescan is down the D.O should have fingerprint and palmprint charts delivered by _______________ with a copy of OLBS to Boro court section concerned, no later than ____________ after the time of arrest

It should be noted that the preferred course of action is to wait until the LIVESCAN System once again becomes operational and then fingerprint and palmprint the prisoner using LIVESCAN.

A

ITB Service Desk

ITB Service Desk

Other than A/O

BCS SUPV

BCS SUPV

Other than Arresting/assigned officer

3 hours

22
Q

1 208-13 Arrest report supplement
(

When you run out of room in details of OLBS or if you want to report additional details AFTER OLBS has been prepared you prepare an Arrest report supplement.

Desk officer makes arrest report supplement himself when: (4 occasions) (DHVFC-Desk Hates Viscous Fucking Cunts) (not in PG.5/10/20)??

A/O (UMOS)prepares ARS when there is “Insufficient Space” under Details OLBS and additional detail after OLBS prepared: (12 occasions) (A CARD DIP POCA)

A

D.O PREPARES ARS
•DAT hospitalized prisoner
•Hospitalized perps visits by authorized person
•Visit by attorney OR PG if perp 16-21 and detained OVER 4 hours
•Forfeiture of bail
•Change in charge (And OLBS already forwarded)

UMOS PREPARES ARS
Voided arrests (OLBS ALREADY PREPARED)

•Authorized person visit hospital perp

•Child release frm detention facility
•Attorney visits perp
•Re-arrest on bench warrant(not arrest warrant)
•DAT issued to Hospitalized perp

•Deft released to CIS for SILD/DOA/CI in 53
Collision Investigate Squad
•Identity of previously unidentified perp
•perp released on reasonable belief,he didn’t commit
Crime

•perp release from hospital(if perp under 18yrs
Include notification to perp’s parent or guardian
A/O)
•Offense charge is changed
•Clothing removed from homicide victim for
Examination at the FID
(Forensic Investigation Division)
•Additional bribery charge (other than AO)

23
Q

1 208-13 Arrest report supplement

Do not prepare an ARREST REPORT SUPPLEMENT in a case in which:
- A prisoner’s original and additional arrest charge(s) occur in different geographical BORO (Not pct) prior to arraignment, OR,
-When the initial arrest charge is for a non-fingerprintable offense, OR,
-When the prisoner has been arraigned and an additional arrest charge(s) is forthcoming.
In both of these cases, the MOS filing the additional arrest charge(s) must issue a new arrest number, Re-PRINT the prisoner via LIVESCAN, and make an immediate notification to the __________ concerned.

A

BCS SUPV

24
Q

1 208-74 Arrest processing of persons wanted for multiple incidents
(3/4/22)

The A/O should confer with detective squad member concerned and notify _______ if additional criminal charges will be preferred

If patrol arrests a perp based SOLELY on a past ID by an investigative unit that collar will be processed by the ______________

A

D.O

Detective Bureau

25
Q

1 208-14 Arrest by UMOS outside city
(3/4/22)
UMOS for arrests made outside city immediately notify ___________ immediately and prepare report to __________

A

Operations immediately

C.O ASAP

26
Q

1 208-15 Arrest report preparation at the station house (3/4/22)

Regardless of whether the arrest package has been previously forwarded,the prisoner must be delivered to the BCS facility expeditiously. If there’s a delay of more than ____ hours from the time of arrest for Lineup, Prisoner Debriefing, Prisoner Medical Attention, ect…A/O must notify _________________ by telephone.

DO review OLBS worksheet for completeness and accuracy, and sign and return to A/O. Ensure prisoner’s telephone number and other contact information are accurately documented on the OLBS worksheet. Ensure District Attorney Body-Worn Camera Checklist is completed as appropriate by A/O.

But remember (208-12)

When Livescan is down the D.O should have fingerprint and palmprint charts delivered by _______________ with a copy of OLBS to Boro court section concerned, no later than ____________ after the time of arrest

A

5 hours

Boro court section by phone

Other than A/O

3 hours

27
Q

1 208-17 Change in arrest charge
(3/4/22)
If there is a change in charge for the perp (for example, you arrested him for DWI and he later offers you money to let him go) and OLBS is NOT forwarded then THE D.O just correct OLBS.
However if OLBS is forwarded then the D.O prepares a ____________.

The Desk officer should also prepare an Omniform complaint revision and send original arrest report supplement to _____________.
Deliver pink copy to ______

A

Arrest report supplement

Data integrity unit

A/O

28
Q

3 208-20 Turn over arrests
(3/4/22)

D.O or P/S or Detail supv should determine if arrest is to be assigned to another UMOS.
At earliest opportunity Supv should ID A/O and make entry in their A/L AFTER approving the arrest
(Supv is making an entry in the A/L of the __________ not the assigned officer!)
UNDER NO CIRCUMSTANCES may an arresting officer turn over an arrest to another officer without approval of a supervisor.

ONLY THE _______ can make CLE including:
-ID of A/O and assigned officer
-Details of arrest and
-Whether assigned officer reinterviewed C/V.
(Remember ID of supv authorizing turn over arrest does NOT go in CLE!)

When an arresting officer is authorized by a supervisor to turn over an arrest, the assigned
officer MUST personally re-interview a civilian complainant and any necessary civilian
witnesses, in order to prevent double “hearsay” and to prepare a criminal complaint.

The D.O should assign a UMOS to provide transportation to civilians for re-interview, if possible.

The D.O or Patrol supv should ensure that re-interview has been conducted PRIOR to arresting officer being assigned to other duties.

An assigned Officer may be designed for I’M COW FOOD
I-Injury to A/O
M-Mass arrests at a demonstration

C-Civilian made arrest
O-Order of Protection
W-Warrant

F-Family Court Arrest
O-Off duty arrest
O-Other authorities or other circumstances
When directed by Supervisor
D-DAT

A

ORIGINAL A/O

D.O

29
Q

208-21 Arrests-License and warrant check and notifications to OCCB

$$ PG GONE$$ no more this procedure
05/10/20

Notify ________ always for sale and/or poss of marijuana 1st or 2nd AND sale and/or poss of CS 1, 2, 3 AND sale of CS near school grounds

(NO NOTIFICATION FOR MARIHUANA SALE or possession IN the 3rd)

A/O must note notification to OCCB FOD in “narrative” of OLBS.
D.O ensures notification is made and makes CLE

ALSO NOTIFY OCCB FOD IF:
-Check of a confidential VIN required to determine true owner of vehicle
-Someone arrested for crack possession and has knowledge of a location from which crack is being sold
-Arrests someone for auto stripping and the Deft has info on chop shop
-Subject arrested for shoplifting and has info on guns being brought in to city from out of state

A

OCCB FOD

30
Q

3 208-24 Identification line ups/show ups (3/4/22)

UMOS Doubt of need to conduct or legality of line up consult _______ or _______
UMOS (cop) should give suspect Miranda warnings, if he/she is to be interrogated before,during or after lineup.
UMOS (cop) should inform suspect that he/she will appear in lineup for purpose of identification in connection with a crime. UMOS do not tell prisoner he has a right to an Attorney.

Deft DOES NOT HAVE RIGHT TO AN ATTORNEY AT A LINE UP!
Lineups MUST be personally supervised by ______________

(An Identification “Line-up) MUST be conducted by placing of criminal suspect in lineup with at least ____ other persons for purpose of identification by victim or witnesses)
(1 perp + 5 Fillers=6)
“Show-up” = Prompt, field presentation of suspect to an ID-ing witness.

Suspects MUST BE ARRESTED before being FORCED to appear in a lineup. But they can volunteer to be in a line up.
HOWEVER ID procedures are NOT necessary when victim/witness and perp are known to each other.

UMOS may permit an attorney who is present at site of lineup to observe manner in which lineup is conducted. IF attorney contacts police and states he/she wishes to be present then lineup will be delayed for a reasonable time to permit attorney to appear.
Do not permit attorney to talk to witness, however UMOS may consider suggestions made by the attorney to approve fairness of lineup.
(Attorney may observe lineup from room where it is conducted or from any place where he/she cannot be observed)

A show up is when you bring suspect back to scene of crime OR hold for viewing by witness ONLY IF seizure is within reasonable time: Time after Commission (1hr or more depending), distance ( near) Crime Scene ( Consider conveyance) and Show-Up is not unnecessarily suggestive.

Emergency identification showups may be conducted when a witness is ill or injured and
may die before proper identification procedures can be complied with. However, every effort should be made to institute lineup procedures and safeguards at the hospital.

A

D.O or P/S

Supervisor from PDS/Qualified investigative unit

5 other persons

31
Q

3 208-25 First and third platoon arrests (3/4/22)

First platoon: _________
Second platoon: _________
Third platoon: __________

FIRST PLATOON: (arrests)
If UMOS returns from court within 6 hours of next midnight tour (1715 or later)
He has the option of being ____________ (3options)
HOWEVER if UMOS works thru next tour and in to next midnight tour then he can only be either “ NON- patrol in SH or UF28 for rest of tour

THIRD PLATOON: (arrests)
If UMOS works through next tour but is ready in complaint room by 0800 then ____________
HOWEVER if UMOS works though next tour and does NOT make complaint room by 0800 (get there at 0801) and works in to next third platoon 4x12 then ___________
(In this second scenario, OT will end at 1500 or until complaint room processing is completed, whichever comes first)

Attach OT and court slip and submit to D.O for approval. OT slip submitted without required court slip attached SHALL NOT be approved by D.O without an investigation being conducted. After D.O investigates OT may be approved if appropriate however copy of report detailing facts of investigation WILL BE ATTACHED TO OT SLIP, in lieu of missing court slip.

example
-1st plt 2315-0750
If you have more than 6hrs,before start tour 1715-2315 then You Do Normal tour However if you have Less than 6 hrs between 1715-2313 then you have 3 choices.1-you can work but NO enforcement duty such as SH duty ,2-28 for next tour, 3- you can change midnight tour to 2nd plt day tour
•If you keep working through your regular tour already begun 2315 passed then 2 choices, 1- you can work but NO enforced duty but SH duty or 28

3PLT (1500x2335)
- you get OT & if you get there complain room by 0800 then OT stop @ 0800 and straight time day tour
-if you get there after 0801 then still OT until you finished or until your regular tour
- if you keep working, around the Clock which is passed 1500(1501) then you have 2 choices, 1- 28 , 2- SH but NO enforcement duty

A

2315x0750
0705x1540
1500x2335

  1. Non patrol in SH
  2. Rescheduled to 2nd platoon
  3. UF28 for rest of tour

OT ends at 0800 and is AUTOMATICALLY working 2nd platoon

Either NON-Patrol OR UF28-needs of service

32
Q

1 208-26 Forfeiture proceedings for seized property (3/4/22)

(To retain property such as vehicles or money, seized during an arrest OR investigation)
All property, EXCEPT CONTRABAND (smuggled goods), can be forfeited when we have reasonable cause to believe property is proceeds of a crime, stolen/unlawfully obtained and owner is NOT ID’ed

Vehicles can be forfeited if:
-Used to transport OR facilitate the sale of CPCS/Marihuana/gambling devices or commuting any illegal activity
-Stolen vehicles or unlawfully obtained AND true owner cannot be ID’ed

The A/O should seize property and invoice as “______________” OR “________________”, and in remarks of voucher make entry stating “________________”

ONLY IF NO Arrest made then the A/O should confer with ________ to obtain consent to seize the property.

The D.O should ensure prisoner/finder/owner copy of PCI and “notice to persons from whom property has been removed by police department” gets issued to person from whom property was removed. (UNLESS CONTRABAND).

Once a demand is made for return of property the legal bureau has ______________ to institute forfeiture proceedings

A

“Arrest evidence” OR “investigatory evidence”

“Held for forfeiture proceedings”

Immediate supv

10 WORKING days

33
Q

5 208-27 DAT (NO DAT PART1)
(3/4/22)

DAT’s are issues in lieu of detention at the discretion of the ________.

DATs are issued for “Misdemeanors, Violations and Class E felonies that requires a Deft to appear in court at the later date.

Note- If subject to an I-CARD, a DAT still issued

208-81
Deft who is charged E felony,MISD,violation will be issued DAT Unless 1 or more of the following factor exist:

A

Desk officer

208-81:
1- Deft is not properly identified
2- Deft has OPEN Warrant
3-Deft charged w/ Family Offense
4- Deft charged w/ Sex Crime
5-Deft charged w/ offense to Child Abuse,Neglect,
Maltreat
6- Deft charged w/ Crime which court may Suspend
Or Revoke Driver License
7-Absconding from treatment Facility ,Absconding 1st degree, Bail jumping 2nd degree,Escape 2
8-Deft has Violate OOP
9- Deft’s condition indicates “Signs of Distress”
that the Deft would face harm if released w/o
Immediate medical attention or mental health
care for further detection is in the Deft’s best
Interest. This include Deft’s under influence of
Drug/Alcohol to the degree that they may
endanger self or others.
10-Deft didn’t appear in Criminal Court last 2yrs
11-next page

34
Q

5 208-27 DAT (3/4/22)

The A/O to ascertain deft ID in accordance with ID standards information (add, preferred mailing add, cell phone/work/home # ,email add ) .
If prisoner refuse to provide contact information, A/O
Notify __________.
A/O conduct warrant checks. Determine if deft has an I-Card; if he/she does, presence of a I-Card against a deft Does Not preclude the issuance of a DAT.

A/O-Enter arrest data into OMNIFORM System. A/O Utilize arrest processing type “Desk Appearance Ticket”, except for those DAT(S) returnable to
Community Court (Midtown or Red Hook), in which case arrest processing type “Community Court Desk Appearance Ticket.” If there are multiple reasons for potential DAT ineligibility, check all fields that apply.

A/O Fingerprint prisoner and generate a Prisoner Movement Slip. A/O Confer with _____to determine if prisoner has a previous conviction,
which would raise the current charge to a class D felony: The current charge entered on the OLBS will not be changed solely from information received via
_______.
A/O should request precinct detective squad or other investigative unit to debrief prisoner, IF APPROPRIATE. Ensure Ensure prisoner is debriefed at the earliest possible time in the arrest process. A prisoner who is DAT eligible and whose processing has otherwise been completed should never be
held for the sole purpose of being debriefed unless reasonable suspicion exists that the prisoner was involved in another crime.

Arresting officers must ensure that the above is adhered to at all times; -Debriefing an arrestee during the 1st platoon may be more difficult due to the Detective Squad being unavailable.
-Ensure that a supervisor is available to conduct the debriefing prior to the completion of all other DAT procedures.

The A/O monitors Omniform system to see if DAT approved. Is system reads “yes” then print DAT.
If response reads “NO” a DAT deny, do processed online and inform deft for denied.
If it says “wait” check back at reasonable intervals NOT To Exceed ______ . And then contact _______to ascertain the status of Fingerprint check After____from the time the prisoner was fingerprinted, and Request Division of _________to expedite the fingerprint search.
If response Dictates that DNA is owed: Notify D.O, Attempt to collect DNA as owing DNA is not a disqualifying factor.

A/O email to BCS all arrest relate paperwork.
Ensure the email subject heading consists of:
_______and_______.
A/O call _____ confirm receipt of email and obtain DAT serial number, return date, time arraignment part and court. Record info received from BCS on DAT.

A/O Use snap-out version of DAT if command computer system becomes non-operational or at the direction of ________. A/O Notify BCS SUPV prior to issuing snap-out version of DAT.
A/O Make DAT returnable to arraignment part of Criminal Court except if: •Returnable to Family Court,
Necessary to permit arraignment of all prisoners in same Court Part, OR Returnable to Community Court.
A/O Sign DAT and Activate assigned BWC and request prisoner to sign DAT.
Indicate “refusal” on DAT if prisoner refuses and document in digital Activity Log AND Deliver DAT to Desk Officer for signature.

D/O Ensure prisoner is debriefed in accordance with P.G. 210-18, “Debriefing of Prisoners,” as appropriate. Debrief, or ensure any other available supervisor, Detective Squad or Investigative Unit debriefs prisoner, as soon as possible. This MUST be done before the completion of all DAT procedures.
If all DAT procedures have been completed and the prisoner has not been debriefed, they must be
released immediately. A prisoner who is DAT eligible and whose processing has otherwise been completed should never be held for the sole purpose of being debriefed unless reasonable suspicion exists that the prisoner was
involved in another crime.

(208-11 Live-scan)
The D.O only authorizes fingerprint override after 4 attempts and D.O/supv concurs that rejected print is best print that can be obtained!

A

D.O

ID section

Telephone

30mins
BCS
2hrs
Criminal Justice System

Arrest # AND Last name of Perp

BCS

BCS SUPV

35
Q

5 208-27 DAT (3/4/22)

D/O Check all arrest related paperwork for completeness and accuracy. Confirm that contact information for individual has been provided. If prisoner has refused to provide contact information, explain that providing the information will allow the DA’s Office to contact them for possible participation in pre-arraignment diversion programs, and for the Office of Court Administration (OCA) to send reminders of upcoming court dates. D/O Ensure refusal is indicated as appropriate, if prisoner continues to refuse. Ensure all required arrest paperwork is noted on Arrest Checklist.
D/O Sign DAT and return to arresting officer.

A/O Distribute ___ photocopies of DAT.
1-Copy of Deft
2-copy to Complainant, if applicable
3-Copy of Command file
“Original “ goes in personal file and to be scanned and sent to BCS.
(Remember only original DAT will have complainants information entered on it by A.O). A/O enter NAME, Address and telephone Number of Civilian complainant, if any , in space marked “ Additional Instructions” on copy of DAT that will be scanned and emailed to BCS.
D/O issue DAT, if eligible and release prisoner.

A/O Email all arrest related paperwork to Borough Court Section.
A/O Ensure email subject heading consists of: “Arrest number,and Last name of prisoner”.
A/O Await phone call from DA’s office.
A/O Monitor status of arrest processing through the OMNIFORM System’s “Prisoner Arraignment Lookup.”
A/O Notify____ immediately, if DA’s office is no longer accepting arrest paperwork.
File all hard copies of arrest related paperwork in Arrest Envelope.

Desk Officer-Direct arresting officer to comply with P.G. 208-82, “Desk Appearance Ticket – Conferral with District Attorney’s Office,” if District Attorney’s office is no longer accepting arrest paperwork. D.O Assign arrest to another UMOS, if the AO is unavailable to speak with DA’a office within _____.
D.O Ensure assigned officer re-interviews complainant(s), witness(es) and complies with P.G. 208-20,
“‘Turnover’ Arrests,” if applicable.

A

3 (photocopies)

D.O

4 days

36
Q

5 208-81 DAT Disqualifying Factors
(3/4/22)

List of Crimes and Conditions that AUTOMATICALLY prevent a DAT:
“2D FIVE DOCS”
- 2 failed to appear in Criminal Court in last 2 years
-Distressed, may face harm if release( needs Mental/Med Healtg Care; if NO DAT for stree call Legal and put call in A/L or CLE). Include under influence of Drug/Alcohol to the degree they may endanger self or others.
-Family offense against member of the same family/household
- ID not up to the standards found in 208-28
-Violates an OOP
- Escapes 2, Absconding 1, Absconding from Treatment Facility, Bail Jumping 2
-Drivers license may be suspended or revoked for the crime; any Misd or Felony in 1192 DWI, Vehicular Assault 2, Leaving the Scene w/ Injury or prior of that.
-Open warrant
-Child abuse, Neglect, or Maltreatment
-Sex crime including all attempts or conspiracy to commit

A

Note that 1192-1 Driving While Ability Impaired(DWAI) is violation, You can DAT that Unless:
-has 2 or more 1192 convictions in the last 10 yrs or is drivind
-a school bus w/ at least 1 passenger or taxi/Livery w/ a passenger for compensation
-a commercial vehicle
-a non-commercial truck w/ a GVWR more than 18,000 lbs( NOT more than 26,000 lbs)
-vehicle w/ GVWR more than 18,000 lbs w/ flammable gas, radioactive stuff, or explosives

37
Q

3 208-28 Standards for DAT
(3/5/22)

A/O establish Violator’s Identity and mailing add through observation of the following forms of identification, including , BUT not limited to:
________________ .

Do local, state and federal warrant check as per(208-22)( active warrant Disqualifies, I-Card does Not).
Dmv check through FINEST. A/O continue trying to ID by using Dept computers or by allowing contact with a third party to obtain IF. Delay for a reasonable amount of time to allow for delivery of such document. No DAT, online arrest. Arrestee may be IDed through A/O’s personal knowledge of arrestee(previous arrest/summons). ID made by A/O’s personal knowledge should be properly documented in the OMNIFORM system.

A

NYS DL or
Id non photo,
passport,
resident alien card,
US military photo ID,
Citizenship or
Naturalization paper,
Non-DL(out of state or Country)
Municipal ID(include Canadian), Public Benefit Card such as EBT,Food stamp, etc.)

38
Q

208-30 Hospitalized prisoner DAT

The guarding MOS must notify ______ if prisoner recovers and their condition permits a DAT. (Guarding perp will also fingerprint, if required)

The D.O must then direct _________ to determine condition and duration in hospital. The D.O also directs guarding MOS to prepare DAT.

The guarding UMOS then obtains return date as per ____________, and notifies ________

The D.O THEN has A/O notified.

The ______________ notifies deft of adjourned date (new return date)

A

D.O

P/S

Borough procedures, notifies BCS

D.O of hospital pct

39
Q

208-07 (05/09/20)
Photographable Offense

UMOS- Photograph person arrested as indicated below
A- Adult perp if charged with:
- Any Felony
- PL Misdemeanors
- Misdemeanor outside PL that is a felony if previous conviction
-Loitering for Pro

B-Adolescent Offender(청소년)
-16yrs old and charged with felony

C-Juvenile Offender
A person 15 and under taken into custody and charged with felony.. PG 215-10 C MARK Ram CABS

-Criminal Possession of Weapon 2 degree or Criminal Possession Weapon 3 degree
(Offense takes place on school grounds)
2nd degree- machine gun or any loaded firearm or disguised gun with intend to use unlawful against another
3rd degree-has been repealed in PL
-Manslaughter 1st degree
Intend SPI- cause death/ intend Death under extreme emotional disturbance/commits abortion>24 weeks causes death of mom/ 18 yrs or older who intend PL on person less than 11yrs and recklessly causes death of 11yrs
-Assault 1st degree
Causes SPI with DW/DI or disfigures or Amputates
-Rape 1st
Force/physically helpless
-Kidnapping 1st degree
Abducts for ransom for >12hrs(intend injury,commit felony,terrorize,interfere with Gov’t) / abducted dies during abduction
-Robbery 1st degree and 2nd degree
1st degree- forcefully steals property and chase SPI or is armed w/ a DW, use or threaten DI, display gun
2nd degree- forcefully steals property and displays gun or causes physical injure
-Arson 1st and 2nd degree
1st degree- intend damage to bldg/MV w/incendiary device or explosive or causes SPI
2nd degree- intend damage to bldg/MV and knows people are inside
-Murder 2nd degree
Intentional murder or depraved Mind/Extreme Emotion Murder, Not Felony Murder.
-CSA Act 1st degree
Deviate intercourse by force or physically helpless
-Aggravated Sexual Abuse 1st degree
Inserts a foreign object by force when physically helpless, victim less than 11
-Burglary 1st and 2nd degree
1st degree-Dwelling-armed w/explosive or DW/causes PI/threatens DI/display (?) gun
2nd degree- Bldg-armed w/ explosive or DW/causes PL/ threaten DI/display(?)gun

Other juvenile*
Juvenile not classified as JO’s will be photographed as follows:
-11 & 12 yrs olds-A&B felonies
-13,14&15 yrs Any Felony

A

A

40
Q

4 208-83 Arrest-Religious Head Covering (3/4/22)

Search of religious Head Coverings:

A/O Inform prisoner wearing a religious head covering that it must be temporarily removed and searched.
A/O Advise prisoner that removal and search will be conducted in private, and
A/O Search will be conducted by a MOS of the same gender.Perform thorough search for weapons and contraband.
A/O Use Tactical Hand-Held Metal Detector, if available, and as appropriate. A/O Do not remove religious head covering for safekeeping unless: There is an articulable reason, based on articulable facts then known to the AO, to believe it is likely to be dangerous to life, can be used to harm self, or can be used to harm others, and
Permission has been obtained from the ______to retain the head covering when consistent with personal safety and the safety of the prisoner.

D.O Approve/disapprove removal and retention of religious head covering for safekeeping or evidence
purposes. D.O Provide a temporary head covering to prisoner when removing and retaining head covering for safekeeping
or evidence purposes, if necessary.
D.O Make ____ indicating reason(s) for removal and retention of religious head covering, if removed for safekeeping, or if removal was disapproved.
Where applicable, a religious head covering may be vouchered as _____ if there is reasonable suspicion
the religious head covering is material to the investigation.

When Taking Photo for an Online Arrest or a DAT: Take photograph of prisoner with religious head covering IN PLACE.
A/O Ensure the oval of the face (eyes, nose, mouth, forehead, cheeks, chin) are visible in Department photo. Religious head coverings that obscure the oval of the face may be moved to expose oval of the face.
An Uncovered Photo will NOT be taken unless: There is reasonable suspicion that the arrestee has a distinguishing feature not otherwise fully visible with
head covering in place (e.g., hair color, tattoos, piercings, visible injury, moles, birth marks, etc.) that is of
investigative value to the current investigation or arrest, OR there is reasonable suspicion that the arrestee committed the crime outside their residence while not
wearing a head covering.

A

D.O

CLE

Evidence

41
Q

4 208-83 Arrest-Religious Head Covering (3/4/22)

IF an uncovered photograph must be taken, the prisoner MUST be transported to the appropriate ____where the photograph will be taken in a private area by a MOS of the same gender. Uncovered photographs will NOT be taken at the command of arrest.

D.O Notify Borough Court Section Supervisor, if an uncovered photograph must be taken. D.O Inform Borough Court Section of gender of prisoner in order to have a MOS of same gender available to take the photograph.
D.O Make____ noting: Reason for the uncovered photograph and Name of the BCS SUPV notified.
D.O Direct arresting/escorting officer to transport prisoner to Borough Court Section, as necessary, for completion of arrest processing.

Detention: Every effort should be made not to prolong detention beyond what is necessary in order to take an official Department photograph while accommodating prisoner’s sincerely held religious beliefs.

Interpreter: MOS may seek the help of clergy, or an interpreter if appropriate, to help the prisoner understand the need to remove their religious head covering.

Questions: Any questions or requests for additional guidance concerning religious head coverings will be directed to the Legal Bureau.

A

BCS Boro court section

CLE

42
Q

2 208-07 & 208-08
Photographable & Fingerprintable Offenses (3/4/22)

Photographical and Fingerprintable offenses are the same.
- Adult prisoners if charged with:
• Felony.
• Misdemeanor as defined in PL.
• Misdemeanor defined outside the PL which would constitute a felony if such person was previously convicted of a crime.
- Adolescent Offender (AO) (16 or 17 years of age taken into custody for any felony.)
- Juvenile Offender (JO) (see PG 215-10 for the breakdown of offenses).
- Other Juvenile (not classified as JO or AO):
• 11 years of age or older - charged with an A or B felony (11 & 12-year-olds - A & B Felonies).
• 13 years of age or older - charged with any felony (13, 14 & 15-year-olds - Any Felony).

Photos and fingerprints may be taken if the arresting/assisting officer is unable to ascertain prisoner’s identity, if officer reasonably suspects that the identity given by the prisoner is not accurate or if the officer reasonably suspects that the person is wanted by another law enforcement officer or agency for the commission of another offense.

DAT: A hospitalized prisoner who is charged with a photographable misdemeanor may be issued a DAT, if eligible, and photographs will NOT be taken.

Photographing Juveniles: Take one clear front view photo of juvenile and forward photograph promptly in sealed envelope to the Identification Section, Youth Records Unit.

A

Info

Murder 2 (sub 1,2, AGE 13,14,15)
- Murder 2 (sub 3, AGE 14,15)
List below charged age 14,15
- Assault 1 (sub 1, 2 Intend SPI cause SPI w/ D.I/D.W)
- Rape 1 (sub 1, 2force/physically helpless)
- Criminal sex act 1 (sub 1,2 force/physically helpless)

  • Burg 1, 2 (sub 1 Cause PI, Armed w/ D.W/Explosive, threatened D.I, display firearm)
  • Arson 1,2
  • Robbery 1, 2 (sub 2 Cause PI, Armed w/ D.W/Explosive, threatened D.I, display firearm)
  • Manslaughter 1 (intend SPI, cause death)
  • Agg. Sex Abuse 1 (force, physically helpless, child under 11, insert object and cause injury)
  • Kidnapping 1 (Abduct+intent to compel ransom OR Abduct+Vic dies OR Abduct over 12 hrs+PI/terrorize anyone/govt interference… INCLUDING ATTEMPTS)
  • Gun (CPW 2)
    Loaded firearm committed within 1000 ft of a school. Could be PARKED in car, or on school grounds even if “grounds” are more than 1000 ft away!/Loaded firearm outside home/5 or more/Unloaded disguised, unloaded machine, or loaded firearm all with intent to use it.

Only “attempted” charges that apply for J.O’s are attempted murder and attempted kidnapping

43
Q

3 208-78 SAP Summons return
(3/4/22) NEW procedure
EXAMPLE **
-stop perp for violation (Discon) remove to command(arrest) and write a Summon and then take perp to Criminal Court. Take perp to “CRIMINAL COURT “ where you stop him/her it doesn’t Matter where (Court) issued SAP.
-stop for MISD then follow the arrest process
UMOS-Remove person to command concerned for investigation.
UMOS Utilize appropriate Department resources to verify that SAP warrant is active. UMOS Print a copy of the SAP warrant. UMOS Process arrest in accordance with P.G. 208-03, “Arrests – General Processing,” if person committed a _____ in addition to the SAP warrant. UMOS Issue Criminal Court summons in accordance with P.G. 209-09, “Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court,” if person committed a VIOLATION in addition to the SAP warrant and is otherwise eligible. Ensure that the return date on the new summons is the date the defendant will appear before the judge (the SAME DAY or NEXT DAY , depending on what time the defendant is stopped).

*Crime & SAP warrant = Arrest (PG 208-03)
*Violation & SAP warrant & Eligible=(PG 209-09)

If person is issued a Criminal Court Summons:
D.O Utilize the bar code reader to scan the served Criminal Court (CC) summons into ESTS. D.O Scan the “Original” copy of the CC summons into the network scanner. D.O Create a new summons envelope transmittal for the “Original” copy of the CC summons in ESTS and scan the CC summons directly to court.

UMOS: Return defendant to the County Criminal Court Arraignment Part in the COUNTY WHERE THE
DEFENDANT WAS STOPPED FOR THE CURRENT VIOLATION, no matter where the SAP warrant(s) were issued, in order for the defendant to appear on the warrant and to adjudicate the summons issued for the current violation or infraction.The summons issuing officer does NOT have to be the escorting officer.
UMOS-Provide the “Original” copy of the CC summons prepared for the current violation or infraction, as well as a copy of the warrant(s), to the Associate Court Clerk of the Criminal Court Arraignment Part. UMOS-Remain with defendant while Court staff retrieve the appropriate file(s) and/or add the matter(s) to the Court’s calendar. UMOS-Bring defendant before the Court to adjudicate both the CC summons issued for the current violation or infraction and the outstanding warrant(s), when called. UMOS-Be guided by the judge, court staff, and MOS assigned to the borough Court Section regarding the release or continued custody of the defendant.

SAP Warrant Indicators:
•A SAP warrant is a bench warrant issued by the Court to secure the attendance of a defendant who fails to appear for a court date in response to a CC summons.
-SAP warrants are distinguished by a docket number that begins with a four digit year, followed by an
“S” and a letter corresponding to the Court that issued the warrant (e.g., N-New York County Criminal, K-Kings County Criminal, X-Bronx County Criminal, Q-Queens County Criminal, R-Richmond County Criminal, B-Red Hook Community Justice Center, and C-Midtown Community). For example, a warrant bearing docket number 2015SN123456 is a SAP warrant issued by the New York County Criminal Court. Furthermore, an OCA designation beginning with “A” or “B” also indicates a SAP warrant issued by the Criminal Court (e.g., OCA No: A1999138449).

** Docket Number = 2015SN123456
↑ = indicates SAP warrant
OCA Designation = A1999138449
↑ = A & B indicate SAP warrant **

Paperwork:
When a CC summons is issued an On Line Booking System Arrest Worksheet is not completed nor is an arrest number generated, as the Criminal Court summons serves as the accusatory instrument.

A

Crime