208 PT 2 "Arrests Pt 2" Flashcards
3 208-34 Bribery Arrests by UMOS
(3/5/22)
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(03/5/22) 1
Family/Household (as defined in FCA) – includes persons who:
- Are legally married to one another.
- Were formerly legally married to one another.
- Are related by marriage (affinity).
- Are related by blood (consanguinity).
- Have a child in common/whether such persons have been married or have lived together at any time.
- Are not related by blood or marriage and who are, or have been, in an intimate relationship regardless of
whether such persons have lived together at any time.
- A common sense standard regarding the totality of the circumstances involving the relationship should
be used to determine if an “intimate relationship” exists.
If MOS is unable to determine if the relationship in question is an “intimate relationship” the MOS concerned will __________
(3/5/22)
UMOS 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
DV complaint occurring OUTSIDE NYC(but in NYS) we Will record and forward ICCU.
-record on a Complaint Report WORKSEET-NOT an actual, full-fledged Complaint Report, just the Worksheet-We do NOT input to OMNIFORM.
-Make a DIR but do NOt input to OMNIFORM
-Take photos w/ Dept smartphone but do Not unpload to FORMS
03/5/22
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. So input DIRs to FORM or 61 to OMINFORM, that’s only if incident occurred within NYC.
If perp fled then DO NOT SEARCH FOR PERP FOR A VIOLATION.
IF ITS A CRIME (Misd/Fel) then _____________
(3/5/22)
UMOS requestC/V to produce OOP, if C/V can’t produce OOP, you can PRINT a copy from “eJusticeNY app”. eJusticeNY lets you print/save as PFD from Dept Desktop or Save/Forward PFD on Dept SMARTPHONE. But Only Family & Criminal Ct OOPs can be printed; Supreme Ct OOPs are only Available on the app or can be requisitioned by “Central Records Division, ID Section. IF a copy of the OOP cant be obtained in ejusticeNY , Phone Central Records Div, ID Section to verify OOP was issued , Court of issuance, Specific conduct prohibited, Expiration date. ZFinest app also give the OOP info but NO actual copy-just search by name of complainant or perp. Confirm OOP was properly Served via either “eJusticeNY or zFINEST.
VOOP, whether a Family Ct or Criminal Ct OOP, is Criminal Contempt which is a not a Family Offense so NO Concurrent Jurisdiction, Collar goes to Criminal Ct(if occurred in NYC), But tell victim they can file a petion in Family Ct if they want. Violator must KNOW about the order:either she/he was in court when it was issued or was duly served, so ASK violator if they knew OR have Victim verify knowledge. If necessary and its during business hours, call the court issuance.
Request P/S
03/5/22
Confer w/ Legal Bureau & effect arrest
03/5/22
ICCU(Inter-City Correspondence Unit
ICCU Via Dept mail
Search IMMEDIATE vicinity IF crime AND it might “yield positive results”
5 208-36 Domestic Violence
(3/5/22) 3
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. What is an Opportunity to be heard?; Appeared in court or was served with a notice to appear but didnt show. Served with the OOP & notice to appear within 30 days of the issuance of the OOP.
- 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)
STATEWIDE REGISTRY OF OOP OR OOP FILES IN NCIC.
Probable cause
5 208-36 Family offense /Domestic violence (03/5/22) 4
The next topic; Primary Aggressor & Concurrent Jurisdiction are only for “Family Offense”
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 used for simultaneous ( if secondary aggression is retribution for PAST crime, that doesnt count) Misdemeanor vs Misdemeanor “family offense” ONLY.**
Attempt to ID primary aggressor by considering:
-Comparative extent of injuries (husband’s scratch vs wife’s black eye)
-Defensive acts or injuries
-Current or future threats(ex: im going to kill you)
-Prior history of domestic violence
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.(03/5/22)
(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 (MISD)
Crim obstruction breath
Or blood circulation
Strangulation 1/2(felony)
Harassment 1/2 (MISD)
Assault 2/3rd degree or attempt(F&m)
Discon (NOT commit Public)
Crim mischief (all degrees)
Grand larceny 3/4(felony)(3k&1k)
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(MISD)
Reckless endangerment
Menacing 2/3 (MISD)
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.
5 208-36 Family offense/Domestic Violence (3/5/22) 5
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
** The Steps for Primary Aggressor Analysis**
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)
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 (3/5/22) 6
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.
The steps for Concurrent Jurisdiction:
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: Family court is to resolve the dispute and end the Violence & Criminal court is to prosecute the Offender AND inform Victim they can oroceed in both(A/L entry that you told them about concurrent jurisdiction) 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!)
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
5 208-36 Family offense/Domestic Violence (3/5/22) 2
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(Drug or Alcohol intoxication), 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(3/5/22) 7
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(3/5/) 8
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.
License Division Incident Section
5 208-36 Family offenses/DV
(3/5/22) 9
*Preparing the DIR**
First, advise of shelter & service with 24hrs DV hotlaine# as per NYS Family Ct Act.
For Found incident (conflict ,dispute,altercation,disturbance) if radio run, Icad# on DIR.
-for Unfounded incident, dont make the hard copy but do input to FORMS.
-If incident occurred outside NYC, Founded or Not, make the hard copy but dont UPOLOAD to FORMS, forward to D.O for review.
In incident Narrative, put factors used to tell if there was/wasnt a Primary Physical Aggressor. Also in Incident Narrative AND details of 61 , put answers to these question:
-where perp work, his/her tour, has car,hangout other than home, where is he found, email/social media profile?.
Put arrest or investigatory evidence, including photos uploaded to FORMS, in appropriate caption. If occurred outside NYC, dont upload photos to FORMS, instead Voucher & Attach to Scratch 61.
Ensure pct/psa/ DVPO’s name & phone# in prior History section on page 2 for NYC incidents;-Advise ALL partied DVPO may contact regarding this (NYC) incident; -if outside NYC, inform them that we cant investigate but will forward DIR to appropriate Jurisdiction-instruct them to contact that jurisdiction.
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.
DIRs ars potential “Rosario” material so if arrest made, A/O give copy of the incident’s DIR to ADA. DVPO, when requested, make all DIRs re;an arrest person, available to an ADA.
** Regarding the 61**
Like any other incident , we only prepare a 61 if the incident occurred within NYC.But for DV, we will record non-NYC incidents on a 61 WORKSHEET; just dont input to OMNIFORM, we submit the Worksheet to the D.O(who will send ICCU)
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
5 208-36 Family Offense
(3/5/22) 10
Assigned Detective:
- immediately attempt to interview complainant, get facts & info (all addresses, nickname, date of birth) phone #, email add, infomation regarding relatives and associates
- conduct necessary computer checks re; all involved person/locations
- confer w/ pct/psa DVU SGT if cant immediately apprehend. DVPO will assist in making collar within the confines of the command.
- *61 left Open to the Squad**
- Active “I” card (include NYSID #, if possible) for named perp no later than end of assigned tour regardless of whether complainant was interviewed or whether a DIR was forward to the Detective Squad.
- Communicate/Forward Activated(and cancelled) I-Card info to PCT/PSA DVU Daily. Date, time of who notified goes in ECMS also I-Card to DVU unit of PCT/PSA of ________.
DVPO:
- Open & manage a case in DVIMS
- Document all interactions w/PDA & SVS members assigned to the case
- Assist in apprehension efforts within the confine of the PSA/PCT
- Confer with assigned detective prior to making home visit for name perp
- effect arrest if named perp is present during home visit
- if arrest for Serious Felony or Complex investigation, assigned Detective will assist DVPO
- Notify Squad to Cancel the I-Card when named perp is arrested
- Inform assigned Detective of all attempts to locate name perp (assigned Detective document arrest effort by DVPO in ECMS)
Offender’s residence
2 208-39 Taking pictures of domestic violence (3/5/22) (2)
The DVPO reviews all completed DIR’s, finalized 61’s and DV digital photo database _____________.
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
The training Sgt ENSURES all UMOS are properly trained in taking/uploading DV photos
DV images may then be instantly viewed by prosecutors at each borough’s District Attorney’s Office and the New York Law Department (Corporation Counsel) who will have access to the Domestic Violence Digital Photo Database.
DAILY
2 208-39 Taking pictures visible Injuries /Damaged property of domestic violence 03/5/22 (1)
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 to FORMS and prepared PCI worksheet
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.
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.
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)
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 (Assault 3)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.
A/L
4 208-37 UMOS/CMOS DOMESTIC VIOLENCE (3/5/22)
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 that MOS is arrested and direct that a Complainant Report Worksheet be prepared.
(CONT. in next notecard with D.O who only kicks in if MOS committed an offense!!)
Patrol supv
C.O/duty Capt
MOS is victim or cross complainants or doubt status of MOS
D.O
4 208-37 UMOS AND CMOS DOMESTIC VIOLENCE (3/5/22)
(The D.O kicks in only if MOS committed an offense!!)
Only if MOS commits an offense the D.O notifies ___________ and ___________
The D.O also personally enters the IAB log number in _____________ AND ______________section of the NYSDIR.
(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 FORMS, 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
- DC IAB(original DIR)
- 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
- C.O personnel Order Division,if firearms are removed
D.O prepares 49x8 if guns removed
If guns removed extra 49 goes to ______________
D.O is reponsible to prepare the Typed Letterhead.
(So if we collar a CMOS then no 49 to C.O personnel orders division)
PCT C.O/Duty captain and IAB,CC and obtain Log #
“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
(3/5/22)
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.
(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.
(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”
CO/duty captain by P/S
IDTU
(KNOW THE ACTORS)
2 208-40 DWI arrests
(3/5/22)
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.
A/O be aware of 3 types of property that must be invoices if found on the perp or in the vehicle.
1- Credit Card 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.
A/O inform D.O at testing location that if prisoner has caused a SPI or Death to another individual.
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)
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
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)
2 208-40 DWI arrests
(3/5/22)
For DWI arrests if perp causes SPI/DOA to another individual, A/O informs _________
(Remember P/S notifies D.O pct of arrest if perp causes SPI/DOA to another or SPI to self)
The ______________ prepare OLBS and record the following vehicle information in the “__________”section of OLBS, includes the
- make , model,year and color of operated by perp, rank,
- Rank, name and shield number of IDTU technician AND date and time test conducted.
- license plate number of vehicle operated by perp and state the vehicle is registered in (if the vehicle does NOT have metal plate , temporary or alternate plate will be Recorded.
D.O testing location then reviews OLBS and VERIFIES info regarding vehicle is recorded for DWI or Impaired Driver arrests
D.O testing location should also verify that highway is responding, and make ________ of ID of A/O, RMP #, and prisoner pedigree.
The ________notify ADA is perp has any previous arrests for same crime within past ____ years.
Additional data:DAT issuance
IDTU technician prepares “intox drivers examination-Blood”. A/O prepare the “Arresting Officer’s Report-Intox Driver Arrest” and Interrogation Warnings to Persons in Police Custody. A Perp charged with VTL section 1192 sub 1,2,3,4 shall not DAT UNLESS perp is hospitalized for more than “24hrs”
Perp may be issue DAT if eligible, whether or not he submitted to chemical test However, “Under No Circumstances “무조건 않되 perp charged VTL 1192 sub 1,2,3,4 be issued DAT if she/he causes SPI/DOA to another .IO#2S-20
Note:
In the event that the video camera system in an IDTU facility is inoperable, IDTU technician will an Immediately notification to the __________ . All tests will be moved to another testing location with Operable Video as directed by the __________.
D.O testing location
A/O
in the“Narrative” section
CLE
A/O
10 years
Highway District and Highway District
(KNOW THE ACTORS)
2 208-40 DWI arrests
(3/5/22)
If perp wants private dr to give him a test, we will allow it only after NYPD test. IF he refuses our test, we refuse his test.
The ________ will personally observe private doctors test and DIRECT entry made in _________, including the name and address of physician, and Time and date of test. If the test is conducted at Detention or BCS facility, D.O thereat (그곳에, 그때문에) will make telephone notification to the Precinct of Occurrence for the information of the A/O.
(So D.O testing location must personally observe test when videotape is not working and when perp is given test by a private dr.)
** There is no obligation to inform the perp prior to the test that he/she may consult with an attorney, the question obligation to allow contact with an attorney is triggered only by deft specific request, (allow it provided it will not delay the test unnecessarily), and if he/she does not have phone number of attorney, give prisoner a phone book (if available) and phone for a reasonable time (15 min) **
D.O
“Narrative” of OLBS
** There is no obligation to inform the perp prior to the test that he/she may consult with an attorney, the question obligation to allow contact with an attorney is triggered only by deft specific request, and if he/she does not have phone number of attorney, give prisoner a phone book (if available) and phone for a reasonable time (15 min) **
