211 "Court Appearences" Flashcards
3 211-01 Duties and conduct at court
-UMOS should wear uniform at court, if assigned to uniform, UNLESS: (SOAR C.O) Sick Off duty Arraigning a deferred/holdover prisoner Restricted C.O authorized
(So if appearing in court while out sick, off duty, restricted, or arraigning a hold over prisoner then you would be in violation if you were wearing your uniform!)
(However if ______ requests then you MUST wear uniform even if SOAR C.O)
(The ______ will determine if sick member is capable of appearing in court)
(If appearing in civilian clothes at ____________ then UMOS must wear appropriate business attire!)
-Regardless of manner of dress, the _____ should always be on outermost garment in building under court jurisdiction
(Remember when in dept building ID needs to be on outermost garment)
- UMOS should report to police room and give the ________ ID card and court attendance record
- UMOS should tell _______ if you are there to see ______ (A RAT)
-UMOS should take meal when court recesses and put location in A/L
(IF you are leaving court then report to police room first before leaving and upon returning EXCEPT for when leaving for meal)
-UMOS should refrain from talking with deft, deft attorney, or unauthorized persons.
(You can discuss case with deft or def attorney IF ________ and ________)
-UMOS should request to schedule adjournments when working second platoon
(IF adjourned to RDO then inform judge!!!!)
-When dismissed from court UMOS should call D.O and give D.O “court attendance record” ASAP
(If court goes past EOT then notify D.O)
- D.O should make notation of members dismissal and instructions given on __________
- D.O should also check “court attendance record”
- HOWEVER when member returns to SH, D.O should make _________ with time of return and assignment.
(May wear patrol tactical pants to court)
(CAN NOT WEAR SHORT SLEEVE UNIFORM SHIRT TO COURT!)
(IF outer garment removed at court, MUST have on uniform shirt and tie HOWEVER sgt/det/P.O are authorized to wear turtleneck under long sleeve shirt without tie as outermost/innermost garment for court/details but NEVER FOR ADMIN DUTIES)
-UMOS SHOULD contact the desk officer at least _____ prior to completion of tour if required to continue assignment beyond normal end of tour.
(To ENSURE he doesn’t get OT)
-UMOS SHOULD notify desk officer if not interviewed within _______ after arrival at the
District Attorney’s Office for trial preparation in which case the D.O SHOULD CONFER WITH __________
(BUT REMEMBER FOR TVB APPEARANCES IF NOT SEEN WITHIN 3 HOURS THEN YOU’LL BE SCHEDULED TO SECOND PLATOON, DONT GET IT MIXED UP!)
ADA requests
District surgeon
Post-arraignment proceedings (TRIAL)
Shield
BCS Supv
BCS Supv (A RAT) Alert (for another case) RDO Another agency Two court parts (appearing in)
Consent of DA AND in DA’s presence
Appropriate dept record
ROLL CALL entry
1 hour
2 hours
ADA/ADA SUPV
3 211-04 COMPUTERIZED COURT APPEARANCE CONTROL SYSTEM (CACS) Notifications
-Roll call clerk should check CACS at beginning, middle and ____ prior to close of roll call office.
-Roll call clerk should notify _________ IF MOS scheduled for RDO (for other than a short date notification)
-Roll call clerk should prepare separate notification for each court appearance
-Roll call clerk should update CACS on a daily basis or as necessary with:
1. Notifications signed and returned
2. Attempts to notify off duty MOS unsuccessfully in which case roll call clerk will notify ADA
3. MOS unable to appear (sick, bereavement, vacation) in which case Roll call clerk will notify _______ to reschedule the case.
-Roll call clerk should provide _______ outstanding notifications that must be made prior to R/C reopening
(Transferred MOS court notifications get rerouted electronically to new command)
-UMOS should report to police room as directed on notification and follow instructions of ______
-UMOS should use ID card to sign in court
(Failure to sign in may result in discipline)
-UMOS at conclusion should immediately report to police sign in room, and get completed court sign in record.
SHORT DATE NOTIFICATION HANDLED BY DESK:
-D.O should monitor FINEST for CACS “short date” (next day Notifications includes fri for mon)
-D.O should Enter “short date” in ____________ and inform ________ (IF open)
-D.O should attempt to notify MOS, IF MOS IS NOT IN COMMAND THEN ENTER ALL CALLS TO UMOS IN ____________
(In unable to notify UMOS then give notification to relieving D.O or roll call (IF open)
(So for short date notifications D.O informs ROLL CALL and attempts to notify MOS.!!)
IF VERBAL ORDER TO APPEAR THEN:
- Desk will notify___________
- UMOS MUST comply w/ order
(NO SHOW PRINTOUT IS RECEIVED AT COMMANDS AT __________)
(The ________ mediates disputes between conflicting court appearances)
(MOS must appear in court as directed by judge or ADA regardless of whether a notification was received, unless notified that appearance is cancelled)
1/2 hour
Operations coordinator
ADA concerned
D.O
BCS Supv
FINEST message log
Inform Roll Call (IF open)
Telephone record
Appearance control unit
1000 hours
APPEARANCE control unit
211-05 Processing notifications to appear at courts and other govt agencies
In all cases where an appearance notification fall on members RDO, only that members _____ can CANCEL this NOTIFICATION
RESCHEDULING RDO Appearances is done by _________
In all agreed upon cancellation cases the MOS who conferred with requesting agency will have a _______ entry made, indicating details of canceled notification
MOS requesting temporary assignment to DA’s office for 21 days will fwd request to _______
CACS passwords are issued by ________
C.O
Ops coordinator
Telephone message!
C.O
Criminal justice bureau
2 211-06 Crim/Civil court telephone alert (Court alert procedure)
CRIMINAL COURT:
-Roll call clerk assigns member to 2nd platoon
-UMOS will not be assigned to meal before ________
-IF no radio, D.O will direct UMOS to signal desk every 30 min between 1000-1300
-IF activated D.O will notify UMOS to report to court immediately
CIVIL COURT:
-When subpoena received for civil court D.O should make CLE w/ attorneys name, address, #.
-IF activated D.O will notify UMOS to report to court immediately
-IF they want UMOS next day, attorney has until ________ to notify us or they need a new subpoena
-D.O should notify ROLL call clerk of appearance date for civil court
-Roll call notifies appearance control unit where COURT is located of member’s scheduled Civil Court appearance.
(IF cop becomes unavailable (new Arrest/sick) cop notifies roll call clerk OR sick desk Supv OR D.O (as appropriate) THEN D.O or roll call clerk notifies appearance control unit)
Civil court alert is between 0900-1300
Crim court alert is between 1000-1300
1300
1400 (one hour!)
2 211-07 Prevention of court appearances on scheduled day off
WHEN JUDGE SETS ADJOURNMENT DATE TO AN RDO:
-UMOS should inform judge that adjournment date is RDO and request another date.
(If conflict still exists make ____)
-UMOS should inform BCS supv of RDO court
(BCS supv tries to reschedule, if he can’t then he signs A/L and Court attendance record)
- Roll call clerk makes command diary entry of BCS attempt to cancel and informs OPS COORDINATOR when member appeared is scheduled to RDO
- UMOS should work 0900x1700 for RDO court
(MOS returning from RDO court may be excused upon request, IF excused enter “requested excusal” on the OT report) - (This is to ensure MOS was not forced to leave after court since we are guaranteed our 8:35 of OT for RDO COURT)
A/L entry
BCS Supv
UMOS A/L and Court attendance record
Command diary
Operations coordinator
2 211-09 Appearances before govt or private organizations
(DOES NOT APPLY TO NON OFFICIAL/NON CONFIDENTIAL STATEMENTS BEFORE ANY GOV’T ENTITY, PRIVATE ORGANIZATION, OR COURT)
-Members are encouraged but not mandated to contact the legal bureaus legislative affairs unit for background info. Must be off duty and inform audience that you’re NOT speaking on behalf of dept
-MOS GOING BEFORE GOV/PRIVATE AGENCY IN OFFICIAL CAPACITY OR FOR CHARACTER OPINION OR FOR EXPERT TESTIMONY SHOULD:
49x3 to _______ with synopsis and all pertinent details
Forward request no later than ________ PRIOR to testimony/statement
Original-PC (direct)
2nd copy-thru channels
3rd copy-DCPI (direct)
(IF unable to comply w/ 5 business days because it’s a subpoena/other then notify office of PC OR ______ by phone.
IF it’s a subpoena then written notification to PC is still required)
Police commissioner
5 business days prior to testimony
Legal bureau
- 4* 211-10 Traffic violations bureau (TVB) Notifications
- Roll call personnel should access Omni each BUSINESS DAY and print copy of “police appearance listing”
-Roll call personnel should enter members scheduled appearance in the ______
(ENSURE it’s not their RDO)
- Roll call personnel should make immediate notification to _____ if a member is unable to appear due to __________(VAC D MESS)
- Roll call personnel should ENSURE request for rescheduling is made at least _________ before original hearing date
- Roll call personnel should ENSURE all cases are in daily R/C and post copy of “police appearance listing” in muster room
-Roll call personnel prepares notification and prints MOS TVB notification from Omni
(IF member retired/no longer employed then the roll call personnel MUST notify ________ for preparation of “affidavit of no recollection/separation from service”
(Affidavit prepared each time MOS appears on police appearance listing)
(Cont on next notecard)
Command diary
TVB
Vacation
Arrest by MOS (D.O must notify TVB w/ arrest)
Conflicting court appearances
Death in family
Military leave
Emergency in dept
Sick
Separation from dept(resignation, retirement)
10 CALENDAR days
ICO
4 211-10 Traffic violations bureau (TVB) Notifications
-D.O/Supv ENSURES MOS received notification and printout and D.O ENSURES issuing officer does a warrant check
(WHEN a WARRANT check is to be executed and the issuing member is excused, a replacement member will be sent by command-basically to make sure he gets collared!)
-UMOS should immediately notify _______ of any conflicts with the scheduled date/time of hearing
(ROLL CALL PERSONNEL will access omniform each BUSINESS day and print copy of daily police appearance listing in the muster room)
-UMOS should notify ______ IF summons issued 10+ years prior to hearing date and no independent recollection of case
(Request “affidavit of no recollection/separation from service” be prepared)
-UMOS should sign and return notification receipt copy to ______
(UMOS DOES NOT PREPARE “affidavit of no recollection”! UMOS still signs are returns notification receipt to D.O)
- D.O should forward signed receipt copy of notification to roll call
- Roll call personnel should fax to DMV in Albany approved “affidavit of no recollection/separation from service” at least ______ prior to original date
EXTENDED TOUR 1st AND 3rd PLATOON:
-1st platoon reports at 0800 (EOT FROM TVB, notify command, and no travel time)
-3rd platoon reports direct at 1415 and then reports to command for his 4x12
-UMOS must appear in business attire
(No portal to portal!)
RESCHEDULE TO 2nd PLATOON IF:
- If appearance will extend to more than ___ hours, UMOS may be rescheduled to 2nd PLATOON OR
- IF it’s an alert UMOS will be rescheduled to 2nd platoon
Roll call personnel
ICO
D.O
10 calendar days
Three hours (THIS ONLY APLIES TO TVB APPEARANCES)
2 211-11- Traffic violations bureau (TVB) appearances
-UMOS should bring “officers notes” copy of the summons and corresponding A/L for each summons being adjudicated at TVB hearing
-UMOS should immediately report to _____________
-UMOS should return immediately to police sign in room upon conclusion of hearing appearance to obtain computerized “officer time slip” and notify _______ via telephone immediately upon dismissal from police sign in room
(Dept form “court attendance record” will NOT be used for TVB appearances)
- D.O THEN makes notation of dismissal on ___________
- UMOS then delivers “officers time slip” to D.O/counterpart when instructed to return at command, of IF otherwise instructed, then at earliest possible convenience
- D.O should review “officers time slip” for accuracy and note the time UMOS returned to command _________
- Clerical members files “officer time slips” in command in chronological order
-The training sgt frequently reviews disposition column on time slip for negative patterns and poor performance
(N1 and D6=Not guilty and No prima facie case (evidence not clear and convincing)
-The training sgt tracks these cases and MONTHLY retrains the ___ UMOS with the highest percentage of dismissals for the above two reasons
CONFLICTING APPEARANCES TO CCRB, INVESTIGATION UNITS, UNION MEETINGS, MEDICAL DIV APPOINTMENTS, ETC ARE NOT AUTHORIZED EXCUSALS TO TVB APPEARANCES HOWEVER (VAC D MESS) ARE AUTHORIZED EXCUSALS
Police sign in SUPV
D.O/Counterpart
Appropriate dept record
ON TIME SLIP
10 UMOS
211-12 DMV HEARINGS FOR RMP COLLISIONS
UMOS SHOULD NOTIFY ______
C.O
211-13 Appearances at dept of consumer affairs
- UMOS should appear in uniform UNLESS assigned to non uniform duties at dept of consumer affairs
- UMOS should prepare “court attendance record” and sign in “police log”
-UMOS should notify Manhattan court sections police room when signing in and out
(Manhattan court section will enter UMOS into court appearance control system)
IF dismissed direct from consumer affairs and in civilian clothes UMOS will notify __________ and _______
(IF after 1800 call Manhattan court section)
IF OT required notify ______
(IF MOS will not appear due to sick, death in family, new Arrest, etc. the ____ should notify DCA and make a _______ entry regarding notification)
Manhattan COURT section police room supv AND D.O
D.O
D.O
Telephone record
211-14 Investigations by CCRB
MOS must appear and bring A/L that corresponds to date of incident and answers questions fully and truthfully
IF MEMBER REFUSES TO ANSWER QUESTIONS DURING CCRB INTERVIEW:
-Supv/Ranking officer should determine if CCRB is requesting that a supv direct the subject officer to answer
-Supv should ascertain if CCRB informed the MOS that answers can NOT be used against MOS in CRIMINAL action
-Supv should advise MOS that refusal to answer will result in immediate suspension AND disciplinary charges
(Direct member to answer, if he refuses, suspend him)
DEPARTMENT RECORDS REQUEST:
- IAB forwards request for records regarding CCRB and C.O designates MOS to photo-copy all pertinent documents
- MOS should fwd requests and copied documents VIA DEPT MAIL to ____________ within ______ of request
UMOS SHOULD NEVER RELEASE:
- Sealed records
- Sex crime victims info
- Personnel records of P.O
- Juvenile records
- Documents from request received directly from CCRB
(It’s ok to release psych record, alcohol counseling record, medical record with patient consent)
Releasing interviews of MOS is ok with permission of _________
UNDER NO CIRCUMSTANCES will a command reproduce documents from a request received directly from CCRB. All such requests, whether written or verbal will be referred to ___________. In addition, no ORIGINAL dept records will be sent, only photocopies
IAB CCRB LIASON UNIT
10 days
DCLM!
Management resources section, CCRB liaison
211-18 Processing requests for PD documents from ADA’s and assistant corp counsel
ADA’s and Corp counsels do NOT need subpoenas so comply with requests.
-MOS receiving request should record receipt of request in __________ (even though it’s not a subpoena!)
(Under caption “type of subpoena” enter “DA’s request” or “Corp Counsels request”, as appropriate)
(Under caption “issuing court” enter specific DA’s officer or corp counsel unit)
-MOS should file copy of the request in the command subpoena file
IF MATERIAL IS NOT AVAILABLE AT THE COMMAND:
- Then MOS should fwd the request to the appropriate unit within the dept that has the records
- MOS should fwd photocopies of the records requested to the ADA or Coro counsel without delay
IF SUMMARY ARRESTS HAVE BEEN EFFECTED:
-A/O should give a reasonable effort to copy dept forms/reports prepares and include copies of personal/scrap notes
Subpoena record book
212-19 NYC transit law torts “quick response unit”
(Investigators for transit law dept will respond to major incidents where transit authority may be sued)
FOR PAPER REQUESTS:
-UMOS should check investigators ID and AFTER verification refer them to ____
(They have 2 ID’s- Transit authority AND Law dept investigator)
-D.O should make CLE w/ ID and a list of the reports that were given to the investigators
IF THE REPORTS ARE NOT RESTRICTED MATERIAL THEN GIVE THEM COPIES OF THE FOLLOWING:
- 61
- Missing
- Aided
- Vouchers
- Unusual occ report
- Field investigation worksheet
- Emergency service report
(RESTRICTED MATERIAL INCLUDES ______, or documents/reports that are the subject of internal disciplinary matter, CRIMINAL investigation, or otherwise prohibited by law)
FOR INTERVIEW REQUESTS:
-UMOS should refer investigator to a supv for approval
- P/S should check ID and record it in _______
- P/S should obtain scope of questions and allow interview if it doesn’t interfere w/ police operations and regular interview regulations are followed AND it doesn’t violate dept provisions or “RESTRICTED MATERIAL”
D.O
OLBS
A/L!
2 211-20 Conferral w/ a dept attorney
(WHEN MOS (uniform or civilian) needs formal legal advice, in the performance of duty)
-UMOS should present facts to a Supv
-Supv should determine the need and when legal advice is necessary direct UMOS to contact ________ (M-F 0700x2300) in person OR by telephone.
(At all other times, IF an emergency, Supv should contact _________ for guidance and assistance
(REMEMBER THE COP IS CONTACTING LEGAL BUREAU. NOT THE SUPV!! HOWEVER THE SUPV WILL CONTACT C.O IF LEGAL BUREAU IS CLOSED)
-UMOS should confer w/ dept attorney, report results to supv officer and comply w/ attorneys direction
(IF anyone (ADA, boss) directs you to contrary then FIRST inform them of dept attorneys advice and IF they still continue to tell you to disregard then call _______ again and follow their advice)
(MOS could be disciplined or open to civil liability if he fails to follow directions of dept attorney)
-Supv member should HAVE CLE made with all pertinent details
Legal bureau
C.O/Duty captain
Dept attorney again
