208 PT 2 "Arrests Pt 2" Flashcards
3 208-34 Bribery Arrests
THERE IS NO CHARGE OF ATTEMPTED BRIBERY
For bribery arrests ONLY IF legality of charges are in doubt or if immediate legal assistance is required then the DESK OFFICER/supv confers with _______
(IF legal bureau is CLOSED call ________)
In situations where subsequent arrest for bribery is made after the original arrest charge has been processed, (i.e., arrest number has been generated), but prior to the prisoner being arraigned, an _______ must be prepared describing the circumstances surrounding the additional charge of bribery.
Legal bureau
Operations if they’re closed
ARS
3 208-35 Attempted bribery of UMOS
(Upon being offered a bribe, particularly a future bribe, and corroborating evidence may be developed)
For ATTEMPTED BRIBERY arrests the UMOS should notify ________ ASAP, IF NOTIFYING D.O IS NOT POSSIBLE then call ______
For ATTEMPTED BRIBERY ARRESTS the D.O informs _______ of offer and any related arrangement and is also GUIDED BY THEM.
For ATTEMPTED BRIBERY The D.O notifies ____________ and requests necessary assistance
(NO C.O/DUTY CAPTAIN FOR ATTEMPTED BRIBERY!!!)
(Borough investigations unit shows up a few times in patrol guide.
DONT FORGET, it shows up in
208-35 Attempted Bribery (D.O requests necessary assistance)
221-03 Use of force (Unable to retrieve video evidence)
221-09 CEW (if data required from CEW)
D.O ASAP
IAB
IAB
Bureau/Boro investigation unit
5 208-36 Family offense/Domestic Violence(05/19/20)
If MOS is unable to determine if the relationship in question is an “intimate relationship” the MOS concerned will __________
UMOS requestC/V to produce OOP, if C/V can’t produce OOP then:
-Use “ZFinest” application or “OOP” application
-if the computer system are down , Request or VIA Communications Section Dispatcher
-VIA telephone Central Records Division and Identification Section. 05/19/20
Violation of OOP must go to Criminal Court.
05/19/20
UMON confer w/__________ and effect arrest.
If Family Offense and FCA relationship which occurred outside NYC but inside NYS:
- Confer with Legal Bureau
-Arrest and process FOA
05/19/20
-UMOS take photos are taken on the smartphone via
FORMS.
-Ensure that the name and phone number of precinct/PSA DVPO is printed in the “PRIOR HISTORY “ Section on page “ 2 “ of DIR for incident occurring within NYC.
DO NOT enter “refused” OR “same as page 1” on “statement of allegations/supporting dep” caption UNLESS the victim actually refuses to fill it out.
UMOS should enter _____ in caption “unit referred to” when 61 is prepared for felonies/misd/violation OOP.
(However for misd cases UMOS can close 61 only if C/V does not want offender arrested and officer does not believe arrest is warranted)
The _____________ opens a case in DIR database and documents interactions with squad. Also notifies squad to cancel I-card when named perp is arrested
05/19/20
D.O scan and email complete Complaint Report Worksheets, Photographs, and NYS DIR for NYS DV Incident occurring outside of NYC to the __________ and Forward physical copies of documents to ______via Department mail.
D.O should NOT issue DAT or SH bail for arrests effected involving members of the same family/household.
If 61 left open to squad then the _____forwards open 61’s and signed PHOTOCOPY of DIR to _____
If DIR is closed, then close it to ___________
The desk officer then forwards ORIGINAL DIR to ___________ for input in DV database.
05/19/20
UMOS prepare 61 Complaint Report Worksheet for family offense occurring OUTSIDE of NYC, BUT within NYS, as appropriate
-Do not enter Complaint Report Worksheet into “OMNIFORM System “
-Forward to D.O for review.
(THESE ARE THE ONLY D.O DUTIES IN ENTIRE PROCEDURE)
Request P/S
05/19/20
Confer w/ Legal Bureau & effect arrest
“PDS”
DVPO
05/19/20
ICCU(Inter-City Correspondence Unit
ICCU Via Dept mail
Desk officer to PDS
Court referred to (If DIR CLOSED)
Precinct DVU
5 208-36 Domestic Violence
If perp fled then DO NOT SEARCH FOR PERP FOR A VIOLATION.
IF ITS A CRIME (Misd/Fel) then _____________
UMOS must ask if any guns in residence/other location or if offender is known to carry.
UMOS must also seize any firearms if:
- OOP exists
- THREAT of physical force, or physical force
- License holder arrested REGARDLESS OF CHARGE.
- If UMOS believes THEIR presence creates imminent risk of physical injury.
05/19/20
Out of State OOP May be enforced in NYS- In case of DV when:
-The OOP appears to be valid on its face
-Probably Cause to believe Order was Violated
-The offender had notice or opportunity to be heard.
05/19/20 update
1) D.O do not issue DAT or never authorized for DV arrest.
2) DV incident occurring outside of NYC
- NO Complaint Report in OMNIFORM and DIR in FORMS.
05/19/20
NO DAT is issued for child abuse.
Search IMMEDIATE vicinity IF crime AND it might “yield positive results”
5 208-36 Family offense /Domestic violence 05/19/20
List of “family offenses”: (CC’S HAD CGI sex ARMS U)____________.
(Not ALL sex abuse 2-only certain subdivisions- has to be OTHER THAN because Vic was under 17)
These “family offenses” are used to determine who the primary aggressor is AND if concurrent jurisdiction exists
**Primary aggressor is for __________.
Attempt to ID primary aggressor by considering:
-Comparative extent of injuries (scratch vs black eye)
-Defensive acts or injuries
-Current or future threats
-Prior history of domestic violence
$$ Concurrent jurisdiction means ________ if it is a “family offense” as defined by the ________ and perp is __years old and older.
(Violation of OOP will be processed in CRIMINAL COURT, IN ALL CASES, regardless of the court that issued the order.
When an arrest is made for violation of a family court OOP, C/V will be advised she has the right to proceed independently in family court, however UMOS are required to bring the offender to criminal court!)
Coercion 2
Crim obstruction breath
Or blood circulation
Strangulation 1/2
Harassment 1/2
Assault 2/3rd degree or attempt
Discon (NOT commit Public)
Crim mischief (all degrees)
Grand larceny 3/4
ID theft 1/2/3
Sex misconduct, forcible touching, sex abuse 2/3 (Not ALL sex abuse 2-only certain subdivisions-OTHER THAN because Vic was under 17)
Agg Harassment 2
Reckless endangerment
Menacing 2/3
Stalking (all degrees)
Unlawful Dissemination or Publication of a Intimate
Image(solely for Penal law section 245.15 violations)
Note- IO#17 S-20, A violation of admin code 10-77 does not qualify as Family Offense
Note -all stalking, subject an offender to automatic suspension or revocation of a pistol license by the Criminal or Family Court.
**Primary aggressor is used for simultaneous Misdemeanor vs Misdemeanor “family offense” ONLY.
$$ Concurrent jurisdiction means it can be handled in either Criminal OR Family court if it is a “family offense” AS DEFINED BY FAMILY COURT ACT!!! (NOT by the NYPD definition) and perp is 18 or older.
If the offender is 16 or 17 yrs, Concurrent jurisdiction only Exists if the offender is charged with Felony-Level Family offense.(05/19/20)
5 208-36 Family offense/Domestic Violence
For simultaneous misdemeanor vs misdemeanor “family offenses” (CC’S HAD CGI SEX ARMS U) ONLY attempt to ID the primary aggressor .
Attempt to ID primary aggressor by considering:
-Comparative extent of injuries (scratch vs black eye)
-Defensive acts or injuries
-Current or future threats
-Prior history of domestic violence
In determining primary aggressor UMOS must always confer with __________.
(Primary considerations is prevention of future violence and safety of all household members)
Always make a 61 and DIR for EACH PARTY!!!!!!
Complaint report #1 is made for _______
Complaint report #2 is made for ______ and “CLOSED to patrol”
BUT remember there will be no primary aggressor status for crimes of retribution (getting back at family member for something they previously did)
IF you cannot determine primary aggressor arrest them both.
(DO NOT base decision to arrest on willingness to testify!)
List all factors that led to determination OR inability to determine the primary aggressor in: ________ (3 places)
WHEN COMPLAINT REPORT IS CLASSIFIED AS OPEN AND REFERRED TO PRECINCT DETECTIVE SQUAD:
- D.O should forward all open complaints of domestic violence to the Detective Squad together with completed and SIGNED PHOTOCOPY of DIR.
- D.O should forward ORIGINAL DIR to the Precinct Domestic Violence Unit for prompt entry into the Domestic Incident Report database.
P/S
“Victim” against perp
Perp against “victim”(AND CLOSED TO PATROL)
A/L, Details of 61, Results of investigation section in DIR
5 208-36 Family offense/Domestic violence
Concurrent jurisdiction means case can be handled in either criminal OR family court. Concurrent jurisdiction applies for “family offenses” committed by a family member (as defined by the family court act) and only if the perp is ______ or older.
05/19/20
Need all 3 elements to have Concurrent Jurisdiction:
1-A Family Offense
2-Committed by a Family Court Act family member
3-Offender is 18 yrs or older(except 16&17 yrs who
commits Felony-level family offense)
-if non-family offense- go to Criminal Court
-if not Family Court Act member-go Criminal Court
-if offender is 17 & under( except 16 or 17 & felony-level family offense) go to Family Court.
Advise C/V they can proceed in both courts AND change courts anytime
Violating an order of protection (Criminal contempt) is NOT a family offense, so there will NEVER be concurrent jurisdiction.
However Violator must know about the order of protection, so we ask him or ask victim to verify knowledge.
To search for orders of protection issued by NYC court that the victim claims they have but cannot physically produce, first UMOS uses_____________.
If system is down OR ISSUED OUT OF NYC call _____________-and ask 4 things which are
1. Is there an OOP?
2. Which court?
3. Prohibited conduct?
4. Expiration date?
If they had no hit then UMOS should call _________________.
ONLT IF pct can not conduct inquiry then _____________ (LAST OPTION!)
When enforcing out of state OOP if it looks good, (not expired, signed by judge) we will honor it and lock him up. If victim cannot produce copies make same inquiries as above, but in addition check _________________. If you can’t verify you may still arrest based on credible info supplied by C/V or other credible source*
(UMOS must have _________ to believe order was effectively served upon the respondent PRIOR to its violation)
18 or older
Central records division intranet
Call central records division ID section
Call pct of occ. for FINEST inquiry
Have communication dispatcher conduct inquiry
STATEWIDE REGISTRY OF OOP OR OOP FILES IN NCIC.
Probable cause
5 208-36 Family offense/Domestic Violence
For family offense/DV UMOS should NEVER ask if we want perp arrested.
IF PC exists that any Misdemeanor occurred IN OR OUT of officers presence, or if a violation occurs IN officers presence the UMOS MUST MAKE ARREST.
(In order to arrest for a violation it MUST occur in your presence. But for a misdemeanor it can be in or out of your presence)
HOWEVER
If victim states UNPROMPTED by us that she does not want violator arrested the officer does not have to make the arrest (for misd/violations) but still can depending on UMOS observations, past history, mental/physical state of offender, presence of, or access to weapons, IF IN DOUBT MAKE ARREST.
A UMOS CANNOT arrest for violation that is NOT committed in his/her presence UNLESS such violation is specifically prohibited in a current order of protection.
However if no arrest, have victim SIGN activity log OR enter “refused signature” if they refuse to sign your A/L.
Need an interpreter? _________ (3 resources which UMOS MUST use IN ORDER are):
- AVOID USING FAMILY MEMBER (but may use in life threatening emergencies)*
- Once situation stabilized, use a bilingual MOS or language line to verify*
In ANY situation, not just DV, ‘whenever feasible’ don’t use a child to interpret (we may interview child though)*
The alleged offender in ANY type of incident, including domestic violence, should NOT be used as an interpreter
(Remember 207-31 CCRB- Telephonic interpretation system is the preferred method to be used in CCRB cases!)*
- Bilingual MOS, if N/A then
- Bilingual member of public, if N/A then
- Telephonic interpretation system (p/s or d.o has phone) OR Language Initiative program (through operations)
(Remember 207-31 CCRB- Telephonic interpretation system is the preferred method to be used in CCRB cases!)*
5 208-36 Family offense/Domestic Violence
For domestic violence VIOLATIONS out of your presence and NO concurrent jurisdiction refer them to ___________
If concurrent jurisdiction exists (family offense VIOLATION) then you can refer them to either _________ or _________.
In violation cases referred to the Criminal Court - Summons Part, the complainant/victim must have the offender’s address available for service of the
summons.
Misdemeanor cases should NOT be referred to the Criminal Court - Summons Part.
The preferred course of action is to advise the complainant/victim to contact the police on the next contact with the offender and request an arrest, presenting the Domestic Incident Report as proof of the previous complaint.
In all cases UMOS should advise C/V of availability of shelter and other services by providing 24 hour DV hotline # as per NYS family court act.
Family finals are as follows: 90f1 \_\_\_\_ 90f2 \_\_\_ 92f \_\_\_\_ 93f\_\_\_\_\_
Summons pt of criminal court
Family court OR summons pt of criminal court
90f1 - DIR prepared, no offense (verbal dispute)
90f2 - DIR Prepared, unfounded (no one answered door)
92f- DIR Prepared, arrest
93f- DIR/UF61 prepared (perp left the scene)
5 208-36 Family offense/Domestic Violence
UMOS responding to a report of a domestic incident will question persons present about the existence of firearms in the household.
Seize ANY firearms (including rifles and shotguns), and licenses/permits, if:
(1) License holder is arrested, regardless of the charge; or
(2) An Order of Protection exists against the licensee; or
(3) When the incident involves physical force or the threat of physical force.
When a UMOS reasonably believes that the presence of firearms at a location creates imminent risk of physical injury or serious physical injury,
the following actions should be taken to remove the weapon from the location:
(1) Seize illegally possessed firearm(s) and make an arrest.
(2) Seize legally possessed firearm(s) when such weapons create imminent risk of physical injury or serious physical injury.
(3) Voucher legally possessed firearms which are voluntarily surrendered by participants in domestic incidents.
In all incidents involving pistol or permit holders, notify the ______________ and comply with P.G. 212-118, “Incidents Involving Holders of Handgun Licenses or Rifle/Shotgun Permits.”
License/permit holders must immediately notify the License Division, Incident Section, of any police incident in which they are involved.
*208-70:
The ______ for DV arrests must conduct a _____________ for both perp AND victim
DIR’s entered without 61, arrest, and aided numbers MUST be voided, duplicate DIRS or if prepared in error must also be voided
For foreign languages note victims language in _________ section of DIR
Note ID of interpreter in ___________ on DIR.
License Division Incident Section
APO
Global name check
“Victim/party 1” section of DIR (victims language)
“Investigative section” on DIR (ID of interpreter)
5 208-36 Family offenses/DV
The immediate apprehension of domestic violence offenders is of paramount importance. Joint efforts involving the ______ and the precinct/PSA Domestic Violence Unit is the most effective way to expeditiously apprehend named perpetrators. Therefore, it is incumbent upon Detective Zone commanding officers and Precinct Detective Squad commanders to coordinate frequent joint operations/sweeps with the _______________ (3ppl) to apprehend multiple named perpetrators.
(So basically DVU sgt should know to coordinate efforts with ______ and _____)
PDS
Precinct/PSA CO
SOL
DVU sergeant
SOL AND C.O
2 208-39 Taking pictures visible Injuries /Damaged property of domestic violence 05/19/20
UMOS should determine if photos should be taken.
Incident occurred in NYS but outside NYC.
1)print out photo and attach to Complaint Report Worksheet if prepared
2)Do not upload photo to FORMS
3)Print out Photo and prepared PCI worksheet(IO#9 s-2”)
UMOS ascertain if victim is willing to be photographed. IF victim is not willing to be photographed, note refusal in ________and if possible , have victim sign A/L. And also Note refusal on NYS DIR and Complaint Report Worksheet.(05/19/20)
IO#9 S-20
Take photo through FORMS on Dept smartphone for incident that occurred within NYC. Utilize “Domestic Violence,” “DV Photo” and “Take Picture” tabs and take digital photo as necessary. Visible injuries and photo of victim from the “WAIST UP “ for ID purpose.
IO#9S-20
- UMOS ensure “photo taken” box within the “Evidence”section (EVID) of NYS DIR is completed for incident that occurred within NYC
- Upon completion of taking all required photo through FORMS on the Dept phone, press save and document reserved NYS DIR Number on the scratch copy of the NYS DIR for incidents that occurred within NYC. Make an A/L entry documenting the reserved NYS DIR Number. 05/19/20
UMOS should take photos of damaged property, weapons, overall scene, both pages of DIR, photos of victim from waist up, other types of evidence. (As many photos necessary to depict evidence/violence in the home)
05/19/20
DVPO review all completed NYS DIR , finalizes Complaint Report printouts and DV photo through the DVIMS, “DAILY”, to ensure the digital photo for domestic violence were taken as necessary. And add additional photo through FORMS utilizing the “Maintenance Tab”.
IF COMPLAINT OF SUBSTANTIAL PAIN WITH NO VISIBLE INJURIES THEN DO NOT TAKE PICS!!!!
(think about it, it would prove the deft was right, and didn’t hit the victim)
Training Sergeant ensure that all UMOS assigned to the command are properly trained in the taking and uploading of Domestic Violence digital photo.05/19/20
A/L
2 208-39 Taking pictures of domestic violence05/19/20
The DVPO reviews all completed DIR’s, finalized 61’s and DV digital photo database _____________.
05/19/20
Note: injuries may not be initially prominent,therefore it is crucial for DVPO and investigators to take follow up photographs for bruises that appear at a later time. When victim makes complaint of substantial pain(Assault 3rd degree) and there are no visible injuries,do not take photo.
-weapons
-property damage
-overall scene to illustrate disarray
-appropriate recent photo of perp from victim’s phone or other source, if no arrest is effected
-threatening social media and/or text message(include photo of perp’s contact information and IMEI # from victim’s cell)
-when violation of OOP is committed via phone contact or a threatening or repeated phone call is made , a phone of the call log from victim’s phone will be taken, if possible (including photo of perp’s contact information and IMEI # from victim’s cell phone)
-Apologetic text message and /or other social media message that indicate suspect culpability and
-Other types of evidence (pic of caller-ID for aggravated harassment,flowers/notes for stalking ,blood on the clothes/hands or ripped clothing of the victim’s/perp) IO#9S-20
(CONT IN NEXT NOTECARD W/ D.O DUTIES)
DAILY
2 208-39 Taking pictures of domestic violence05/19/20
The training Sgt ENSURES all UMOS are properly trained in taking/uploading DV photos
A
4 208-37 UMOS/CMOS DOMESTIC VIOLENCE(skip in 206 already update)05/19/2020
MOS responding to a RR or assignment that is later deemed to be a family offense or domestic incident involving MOS, the responding MOS must obtain medical assistance if requested or required, ascertain facts and ensure ____________ is responding
Patrol supv should ALWAYS direct preparation of DIR and apprise parties of counseling.
Patrol Supv only notifies ____ if _____________or ______________ or _________
If MOS committed an offense the patrol supv calls ____________ pct of occ.
(CONT. in next notecard with D.O who only kicks in if MOS committed an offense!!)
Patrol supv
C.O
MOS is victim or cross complainants or doubt status of MOS
D.O
4 208-37 UMOS AND CMOS DOMESTIC VIOLENCE
(The D.O kicks in only if MOS committed an offense!!) (skip already update in 206– 05/19/20)
Only if MOS commits an offense the D.O notifies ___________ and ___________
The D.O also personally enters the IAB log number in _____________ AND ______________
(Remember 206-11 when MOS arrested there is no IAB log #, but for domestic violence the D.O gets log # and personally enters it in “Details” of 61 AND DIR “Results of Investigation and Basis of Action Taken” section)
- Also D.O should enter the words “IAB Log #” and the corresponding log number in the
pct DIR Log under caption “Precinct Serial #.” - Also, have entered the corresponding ICAD Incident Number in the caption “ICAD Incident #.”
- Direct that the NYS DIR be entered into the DV Database, including the IAB log number.
The D.O prepares a report on Typed Letterhead IN ALL CASES (even if offender was not present).
Provide details of incident and include domestic referrals/counseling offered to the victim. Forward 49 with copy of COMPLAINT REPORT and DIR in a sealed envelope as follows:
49x7:
- C.O of employee resources IMMEDIATELY by fax
- Chief of IA
- C.O medical div.
- C.O of MOS
- C.O pct of occurrence
- C.O boro investigations unit of MOS command and of Pct of occ
D.O prepares 49x8 if guns removed
If guns removed extra 49 goes to ______________
(So if we collar a CMOS then no 49 to C.O personnel orders division)
C.O/Duty captain and IAB
“Details” of 61 AND DIR “Results of Investigation and Basis of Action Taken” section
C.O of Personnel orders division (if guns removed)
2 208-40 DWI arrests
05/20/20
For DWI arrests the A/O should always request response of P/S.
The P/S should respond and verify arrest.
P/S should direct A/O to request communications to dispatch Highway District , Intoxicated Driver Testing Unit (I.D.T.U) to designated testing location.
P/S direct A/O to remove perp, in a Dept Vehicle , directly to designated testing location without undue delay so that the IDTU technician commenced testing within _________from time of arrest. Assigned adequate personnel to escort perp, depending on circumstances.IO#68 S-17 05/20/20
(A/O goes over radio and asks for highway to be dispatched to testing location)
If perp caused SPI to self or SPI/DOA to another the __________ should inform D.O pct of ARREST to Notify __________ and request a notification be made to District Attorney’s Office.05/20/20
(When a prisoner arrested for DWI is hospitalized, normal arrest procedures will be followed and the highway district technician will respond to hospital)
If ARRESTEE is MOS ,immediately notify___________ by __________. IO#68 S-17
Note: Tests are conducted at the hospital by ________
When a DWI prisoner is hospitalized.
(CONT ON NEXT NOTECARD W/ D.O DUTIES)
2 hours
“P/S” inform to DO pct of arrest to notify “operation unit”
IDTU
CO/duty captain by P/S
(KNOW THE ACTORS)
2 208-40 DWI arrests
05/20/20
The D.O pct of arrest notifies __________ and requests a notification be made to _________ IF operator cause SPI to self or another while DWI.
The D.O pct of arrest also makes a _____________ regarding notification.
05/20/20
Be aware of 3 types of property that must be invoices if found on the perp or in the vehicle.
1- CC receipts from a recent stop from restaurant, Bars, Sports events, etc..
2-Any Alcohol beverage or Alcohol beverage Container
3-Any Controlled Substances, prescription medicine/drugs, Prescription bottles,Marijuana,Synthetic drug,Synthetic drug packaging or any substance that is reasonably believed to cause impairment.
The ____ will keep DA’s office apprised of arrest process. IF the prisoner subsequently refuses to submit to a chemical test. IF operator suffers SPI and no other person suffers SPI or DOA then MOS cannot apply for chemical test warrant)05/20/20
The D.O Pct of arrest FOR DWI collars also makes an entry in the _______ and ______ regarding A/O post change and RMP# used for transport.
NOTE IO #3- S-18 (05/20/20)
It is policy of NYC Police Dept that subject be observed by IDTU technician for a minimum period of “20 mins” , immediately preceding that administration of an evidentiary breath test, during which period the subject MUST NOT have Ingested Alcoholic Beverages or other Fluids, Regurgitated, Vomited , Eaten, Smoked ,or have placed anything in his/her MOUTH. This requirement exceeds NYS Minimum Time Period of 15 MINS.
“IDTU MUST observe prisoner for 20 Mins prior to the Breath Test”
CONT. ON NEXT NOTECARD W/ D.O TESTING LOCATION)
Operations and request notification to DA’s office
Telephone record entry!
A/O
Command log and roll call
(KNOW THE ACTORS)
