3.0 Investigations Flashcards

1
Q

Inv I

A
Vice Admine
Vice Operations
CHAB
SCU
ICAC
DV
290
Narc
NTF
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2
Q

Vice Admin

A

Vice Admin-

  • inspections, permits, police regulated businesses/occupations
  • Admin / enforcement of 459/211 alarm
  • inspeciton / control of paunshops, swap meets, gunshows
  • Liason to ABC
  • Coordinates responses and actions w/ regard to Pub Conv and Necessity / Conditional use permits
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3
Q

Vice Operations

A

Vice Operations

  • regulates adult bus
  • suppresses illegal gambling, porn, 647b
  • regulates on sale and off sale alcohol businesses
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4
Q

CHAB

A

Child abuse

  • inv all CHAB and neglect cases when suspect is in position of guardianship or trust
  • inv all felony sex assaults w/ v under 13(regardless of relationship with suspect)\
  • inv all child death cases, except 187
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5
Q

ICAC

A

ICAC-

  • inv all computer related crimes against children-manuf distributor and solic in home commercial and organized chld porn and any form of child victimization
  • inv cases initiated by referrals from cyber tip lines, IP, LE, publ sources, direct obs, compl from public
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6
Q

DV

A

DV -Inv all dv cases, except those involving juv suspects

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7
Q

Sex crimes

A

SCU

  • all felony sex offenses with v 14 +
  • inv all felony sex offenses with v under 18 and adult supsect who is not in a pos of trust with vict
  • SCU SGT notified if
  • complicaed sex crimes scene needing lab/inv
  • violent cases with v severely injured
  • res 459H involving sex assautls
  • series
  • high profiile - elderly, impersonating police, etc.
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8
Q

Narcotics

A

street level narc activity
all forged prescriptions
oversight/support DART and Drug court
-manages inv funds and keeps records for 3 years

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9
Q

NTF

A

large scale and extended narc inv

conducts asset seizures (in coop with other members of task force)

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10
Q

INV II

A
Econ crimes
Edler Abuse
Court Liason 
MAST
Auto theft 
187
211
gangsCIU
RCFL
Juv Admin
Area station Narc team (Central Mid city Southern)
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11
Q

Econ Crimes

A
  • all 470, excluding forged precriptions
  • all 476, cc’s and other fin docs
  • all embezzlements
  • all bigamy cases
  • certain fraud schemes
  • computer related crimes and searches of computers- (RFTF, CATCH
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12
Q

Elder abuse

A

inv fiduciary elder abuse cases

-inv felony elder and dep adult physical abuse

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13
Q

Court liason

A

-coordinates / monitor proc of all felony comlaint requests except SOUTH BAY
conducts / corrd felony case enhancements
tracks all CRE’s
felony case management database
quarterly felony case stats
maintains a sub file
-monitors officers app in court
tracks / reduces court OT
Comm with DA, CA superior court, KM court

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14
Q

MAST

A

inv death and serious injury cases assoc with fire
all arsons / structure fired of suspicious origins
fire caseswith large dollar loss
any fire series
in all cases involving explosives, recovery of explosive devices

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15
Q

Auto theft

A

all auto thefts city wide
processes all persons 10-16 with 10851 as primary charge
PSE with area commands
insp of bus per 2805 CVC
all auto theft inv respon will be coordinated with RATTF to ensure coordinated response

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16
Q

187

A
in all 187
all OIS resulting in injury or death
all OIS with misses 
adult missing persons' cases 
all adult 11-45 and 664 11-45
all police involved injuries (non - traffic) resulting in serious injury or death
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17
Q

211

A

inv all commercial and home invasion 211 with adult suspects
all extortions involving 211
initial response for all 207 with outstanding V
all 207 for 211 involving ransom
inv all 215
coordinates extraditions

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18
Q

gangs

A

gang activity supression - ractive and proactive inv
gang activity addresses by GST
reigsters / doc gang members and emerging tagging crews
suppresses graffiti related crimes - GSF

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19
Q

SIU - CIU

A

collects / analyzes criminal intell for dept
major inv involving organized crime, biker / prison gang, extremist activitis, murder for hire
liaisons with Mex lE
Liaisons with unions and managmenet inv labor disputes
Provides VIP protections
Maintains CI database
concurrent inv with feds relevant to homeland security
conducts inv involving dom and int terrorism

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20
Q

rCFL

A

assigned to Lab-computer related evidence

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21
Q

Juv Admin

A
ESSP
SSP
child safety and education
area juv interviention activities 
missing juv record/ training for missing juv / runaway databse 
liaison with juv justice agenies
cooridinates with JST
diversion programs through comm based organizations
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22
Q

Area stattion Narc teams

A

Central, Mid city, Southern

  • street level nar activity
  • *acquitisitons of buy money/handling of informant packages handled through the Narc section
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23
Q

Area command Inv

Crimes Against Persons

A
  • all felony crimes against persons not assigned to Centralized inv
  • all misd crimes against person, including mis sex offenses
  • bomb threats against persons
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24
Q

Area command Inv

Crimes Against Property

A
  • all felony and misd crimes against rpoperty not assigned to Centralized iNv
  • all bomb threats against property
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25
Q

Area command Inv

Juveile Services Teams

A

Conducts inv with a S under 18
–including DV S under 18
-inv all sex offenses with the V and The S under 18
-cooridinates efforst with Juv Admin
-liaison with againceies conductign missing juv inv
-provides uniformed presence to all grades through High school, public and private
inv juv missin persons cases
records all juv 11-45 and 664-11-45
ESSP
liaison with juv justice agenices
missing juv records
juv intervention and diversion activities
coordinates with the Youth Advisory committee

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26
Q

Traffic Investigation

A

-serious injury and fatal collision investigation
-vehicular manslaughter inv
-felony driving under the influence 10-16s
-felony and misd 20002 inv
reviews police and city equip collisions with necessary
assist Hom unity with scene reconstruction (even if not traffic related)
-inv all arrests and warrants of arrest for 2800.3
***In-custody arrests, warrant of arrest, and notify warrants for 2800.1 and 2800.2 will be investigated by the area command of the arresting officer

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27
Q

DP 3.02 - Impound, Release, disposal of property evidence and article missing ID marks

A

ensure chain of cusoty, maintain integrity of evidence collected, safeguard members against charges of imporpriety in handling of evidence

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28
Q

General Procedures

A

all prop discovered, gathered, or received during course of duties that is determined to be of some evidentiary or monetary value SHALL be impounded in property room by EOS

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29
Q

DL’s

A
  • DL’s unless officer can return prop to citizend before EOS.
  • **Firearms DO NOT FALL UNDER THIS EXCEPTION
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30
Q

fuel operated engine

A
  • fuel operated engine are held in tow yards
  • vehicle fluids may be disposed of at a police garage with approval of auto maintenance supervisor
  • if gasoline is needed as evidence - a small sample should be impounded with MAST/stored there.
  • perishable items - contact lab , if not needed - discard
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31
Q

Items found during pre-shift vehicle insp

A

Items clearly not belonging to another officer:

-SHALL be impounded in Property room.
NOT trash-discard

-License plates SHALL be impounded - DO NOT MAIL

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32
Q

Pressurized gas bottles

A

DO NOT impound

  • photograph and leave at scene unless hazadous
  • if hazadous - see dp8.16 - inc involinvg haz mat
  • if in doubt, call WC
  • any container of uknown pressurized gas should be handled as haz mat
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33
Q

shop lifting evidence

A

will be maintained at the store until needed for trial
-citizen should be instructed to place the date and his/her initials on the evidnece ofr later court ID

  • cit should be instructed to call the inv unit the next day for further info
  • inform store personnel , 10 days after arrest it will be their respon to phone CA to determine status of case and if property can be returned to stock
  • on A-8 11-48 officer will write name at bottom of report only
  • the name of the citizen making the arrest will be put in the space provided for names of arresting officers (EX: John Jones, CITIZEN ARREST)
  • if shoplifting case includes burglary or some other felony-evidence impounded in usual manner
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34
Q

Dividing Impounds

A

generally all property is required to be impounded as separate entries
-if different owners, suspects, or victims - MUST be entered separately

-variety of different items under the item type “other” is NOT acceptable.

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35
Q

INSTRUCTIONS ON HOW TO DIVIDE AND ENTER EACH ITEM SEPARATELY:

A

FIREARMS–
firearms, magazines, ammo, holsters, cases, scopes -MUST- be impounded separtely

DO NOT INCLUDE GSR KITS with firearms

MONEY
–over $20.00 (does not include personal check, etc.)

ITEMS OF SIGNIFICANT VALUE:
does not include costume jewelry

-BICYCLES - tri and scooters

-PRISONER BULK PROPERTY
-not needed as evidence
-backpacks can be entered as one entry with the contents listed in the comments section
(Might want to itemize if possibility that some or all of the property might be stolen - memo to investigator)

FOUND property-
suspectted to be related to a crime safes, ATM) impound should be “other” with a brief explanation as to why the item is suspected to be related to crime

NARCOTIC:
-misdemeanor narcotics should be separated from felony narc

DNA ref mouth swabs- subject from whome the swab is listed as “owner” in FileOnQ
-refrigeration rqd”

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36
Q

WHERE TO IMPOUND PROPERTY AND EVIDENCE

A

The following MUST BE DONE AT HQ:

  • all evidence related to sex crimes, commercial 211, 10851, chab, dv, gangs gsf, and bio evidence
  • any item saturated in bodily fluids (designated bins)
  • All prisoner pesonal property to be released to owner
  • Money impounds $500.00 and over
  • Jewelry valued at $1000 and over
  • ALL firearms that must be left loaded - at WC office
  • all evidence related to 10851 other than the vehicle

***all evidence not mentioned related to economic crimes and elder abuse = CENTRAL DIV

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37
Q

MUST be impounded at W/C after hours

A
  • all loaded firearms
  • money over $500.00
  • Jewlry over $1000
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38
Q

PACKAGING

A

clearly mark evidence with evidentiary caustions

  • multiple items of jewelry should be packaged separately and given individual barcodes
  • coins impounded in amounts equal one roll must be rolled.
  • b/c labes shall not be used as an evidence seal
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39
Q

MARKING physical evidence

A

DO NOT MARK OR PLACE BARCODE LABES ON ITEMS OF EVIDENCE

  • Narcotic evidence -can store all items within one nar envelope prior to sealing it
  • multiple barcodes can be placed ont he face of the envelope
  • only acceptable with narc impounds
  • general imounds - each barcode must be packaged separately

-Homicide evidence shall be marked - initials/id number , date, time, location recovered, inc number and b/c number, item description

Tags: when evidence cannot be sealed in a container - attach wire tag and put barcode on wire tag

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40
Q

Completing the FileOnQ data entry form

A

-andy desktop
-McT connected to Lan
CANNOT be accessed from the MCT while in patrol car
-B/C an be printed individually or in groups
-if won’t print ok to print on paper and attach to item

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41
Q

Voiding items and revising errors in File on Q

A
-find item
click on the edit item button
make the changes 
click save 
--If the inc number was corrected, then a new barcode should be printed and attached to package.

-if property already secured- a note should be left with the new barcode explaining the edit

-If need to delete:
-select the item to change
select request
in the deliver to field of the pop up window -
12 data change
select the current date in the date window
enter the reason for deletion
click on request
-tracked on the my webview

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42
Q

SPECIALIZED impounds

FIREARMS:

A

FIREARMS:

  • all firearmss must be impounded
  • all calles involving the impounding of f/a, no property other than that associated with the firearm shall be placed int he same package with f/a

FSR not 11-48 with f/aor impounded with f/a

Need Receipt for weapons form
UNLESS- would compromise inv
-circumstances where no individual was in possession or incapable (11-45)
-result of a sw seizure - R&I must be attached to the item being impounded
- write reason for exception to the receipt
-unloaded before they are impounded
-if neeed to be loaded = W/C - (make sure W/C is selected for the station impounded field.)
-Gun desk releases and dispo all impounded f/a
-only personnel assigned to gun desk may issue property release forms for f/a

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43
Q

SPECIALIZED impounds

MONEY and JEWELRY

A

Over $20.00, receipt for currency

  • over $20.00 must be impounded separately from all other items
  • officer and witness is required to sign the money envelope
  • put dollar amount in additional description field so dolla amount is on b/c
  • if Prop room is closed all money over $500 = W/C
  • money up to $500.00 and jewelry up to $1000 MAY be impounded at area stations
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44
Q

SPECIALIZED impounds

Bicycles

A
  • impounded as separate items
  • complete descrip
  • suspected stolen = evidence or other
  • found property should not be used if dispute of ownereship or connection to known owner
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45
Q

SPECIALIZED impounds

Prisoner bulk personal property

A

not accted at the jail and not evidence shall be impounded at HQ
-vague descriptions “bulk personal property” shall not be used.

-general descrip “clothing , paper, toiletries” = ok

  • most conditions, officers are to authorize release of bulk/personal prop at time of impound
  • complete autho request, indicate to whome, , list the barcodes, attach original to release form and leave in HQ property room with the impound, attach second copy to arrest report
  • mail the final copy to owner
  • arrestee should be told property will be disposed after 90 days unles:
  • go to HQ and claim - photo ID required
  • call or write property room ask for extention
  • send someone to pick up property on their behalf with notarized auth from arresttee
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46
Q

SPECIALIZED impounds

FOUND PROPERTY

A

shall not remove or impoun unidentifiable property under $100.00 found on private property-prop owner can remove

  • shall not remove or impound unidentifable property found on public property that is non-useable-non-sealable, vlaued less than $100.00
  • if abandoned property found on public property is sanitary, saleable, or useable, and over $100.00 MUST be impounded as unclaimed property and held for min 90 days unless ownere located
  • found property that is identifiable are to check to see if reported lost or stolen
  • found prop retained for 90 days
  • govnt employees can not claim item later
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47
Q

LOCKED SAFES

A

must be 11-48 to HQ

  • det or inv aide’s responsiblity to contact the locksmith to open a locked safe within 7 days of impound
  • contents must be inventoried and impounded
  • if impossible to move contact W/C to get locksmith
  • contents must be inventoried and 11-48 to HQ to impound
  • if need SW put this info in Remarks section
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48
Q

ALCOHOLIC Beverages

A

not needed for evidentiary reasons should be poured out at scene where they are confiscated
-emptied containers shall be disposed of properly
emptied beer kegs should be released to ownere at scnee or impounded if necessary
-all other alcholoic beverages shall be impounded
if alc bev is not in its origianl container a smaple of the bev should be transferred to vial and impounded
if bev or containers are being impounded for disposal only -and do not need to be retained impounding officer should sumbit a change request through the systme and selct ok to dispose

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49
Q

Impounds at area commands

A

property impounded at area commands will generally be 11-48 to HQ within 3 working days

  • photo discs may be held longer to accomodate inv schedules
  • property may be held at area commands longer than 3 working days at the request of an investigator when it is essential to the case no more than 10 days

-shall be viewed by the assigned inv before it is 11-48 to HQ
-to maintian chain, singn viewing prop
-

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50
Q

Property release form

A

PD -184-any time a dept member relinqueshes physical custody of impounded property

-ONLY exception would be if relinquished to court

  • there are no partial releases when using the FileonQ syste.
  • if need partial release, the investigaor will have to create a new barcode to separate the items to be released rfrom those retained.
  • Officers may not authorize the release of impounded property to themselves.
  • release of f/a is respons of gun desk oonly
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51
Q

responsibilityfor release of impounded property - general procedures

A
  • Property seized by a SW
  • -cannot be released without a court order/ and prperty release
  • Firearms
  • gun desk:in accordance with applicalble laws
  • dept may retain certain weapons for use in performance of official duties
  • assigned to an officer as his/her dep isseued weapon but cannot be purchased for personal use upon retirement
  • after official purposes done, must be destroyed when no longer of use.
  • all f/a must be impounded and dispo made in accordance of law

Patrol officers may release property:
-prisoner bulk
officer has forgotten to return personal items - dl, id cards, keys

all ofther releases must be authorized by investigator

inv are respns for the release or disposlal of impounded property of their cases

review every 6 mos
f/p every 90 days

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52
Q

General guidelines for property release/disposal of evidence

A

misd arrest-adujucated and no appeals no to exceed 3 yrs.
-misd no arrest- one year retain
misd/felony wobbler- retain until case adjudicated and no appeals not to excee 5 yrs
felony arrest - retain until case adjudicated and no appeals
felony no arrest-retain per dept or specialied unit guidelines-disposed if not evid value

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53
Q

Hearings: Release/disposal of pawned property - special procedures

A
  • persona claiming ownership must produce proof and proper id
  • take photo of property to be retained in case file
  • if prosecution is pending-prosecuting agency must be contacted and grant approval for the release of property
  • inv shall send a form eltter (pawn letter) to indiviusal from whom property was seized registered mail return receitp rqstd
  • must contact property sup in 15 days of receipt of the letter
  • is want to be heard - schedule an informal hearing to determine ownership
  • a demand for retunrn of property shall be a request for a hearing
  • if no respons with 15 day, property may be released with release form.
  • at conclusion of hearing, within 10 days, senior polic prop su shall determine the dspo of prperty
  • if not satisfied may seek judicial remedies
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54
Q

dispo of unidentified, unclaimed, or worthless property

A

retnetion begins with property first came into dept’s possession
-f/p = 90 days
other = may be released or disposed of at any time if no evidentiary value
-prop release once releas is expired may be disposed as unclaimed

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55
Q

Dispo of articles missing ID marks

A

PC 537e=crime to possess proerptywith ID marks removed.

  • may be released to lawful owner or sold at auction
  • permanent file will be reatained in HQ to doc all property which has had a dispo number assigned except f/a

FIREARMS:
lawful owner will be mailed the DOJ LE gun release app (LEGRA) complete and submit to DOJ
-ownere willnotify gun desk upon receipt of DOJ approval
-gun desk will issue a property release to owner or rep of SDSO with instruction to have s/n re-established

-SDSO completed process of assigning new ID and ownere MUST return Firearm to gun desk for verificiation of new number.

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56
Q

Property check outs viewing

A

check it out - you are responsible

  • to be examined by crime lab= work order request
  • cannot check out items and take to lab
  • returned to the same prop roomit was checked out of
  • all evidnece checked out must be returned within 24 hours
  • the sole exception to this is proerpty checked by lab
  • NO CIRCUMSTANCES will prop be sotreed in lockers, desks, or file cabinets

COURT:

  • clerk must sign for evidence and stamp the form
  • receitp returned to HQ same day

Money over $20.00 will be sealed in a package-witness is trongly suggested is money seal ust be broken

  • crime lab must provide memo by supervisor to obtain over $20.00 for exam
  • Imounding officers from toher juris may sign out proeprty that was impounded by them..no other wtout approval of investigator
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57
Q

3.03- Impounding / releasing vehicles w/ evidentiary hold

BACKGROUND

A
  1. 5 CVC- officer may remove a veh from a highway or public/private property when:
  2. p/c to believe the vehicle was used as means of committing public offense
  3. vehicle is evidence which shows a crime has been committed
  4. vehicle contains evidence that cannot be readily removed

**the prosecutor may request, and court may order, the suspect, if convicted, to pay the costs of towing and storage

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58
Q

Cost Recovery Guidelines

A

May waive administrative costs upon verification vehicle was reported stolen at the time the vehicle was removed

–Vic vehicle- r/o was not involved -investigator will forward information to Tow Admin for consideration in waiving admin costs.

  • Sus vehicle- owner will be held responsible for admin costs assoc with tow, storage for one day, and storage after hold is removed.
  • Sus will not be charged storage fees for the time vechile was subject of an evidentiary hold.
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59
Q

Impounding Procedures

Vehicles Impounded at Tow Co faciltiy

A

22655.5 CVC-
Vehicles Imp at Tow Co Facility
-1. forward copy of A-11 to inv unit/ fax copy to Tow Admin
-2. becomes the responsibility of the case investigator
-3. Inv processes and contacts r/o upon releasing hold
-4. Tow Admin must be notified by the inv upon releasing hold
-Impounding offices will enter vehicle into FileOnQ
-must be released within 3 working days, unless extenuating
-extension must be approved by LT of inv unit
-tow companies require the name and ID of inv and LT who auth the hold longer than 3 days

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60
Q

Impounding Procedures

Vehicles Impounded at Police Vehicle Impound Facility

A
    1. forward copy of A-11 to inv unit/fax copy to Tow Admin
  • 2 Impounding off enter into FileOnQ
  • 3 All vehicles must have approval form W/C
  • 4 187’s and other serious crimes in enclosed garage
  • 5 impounding officer will NOT conduct inv of vehicle being held as evidence. the assigned inv will conduct the inv/ and doc on inv f/u report
  • 6 gain access inside the enclosed garage, key to exterior lot, deactivate alarm via W/C
  • 7 sign evid log, and veh impound log
  • 8 officer will place a veh impound hold card on dashboard with info about hold / vheicle
  • 9 place oil pan under engine block of car
  • 10 return key/ notify w/c, reset the alar
  • 11 officer will provide a-11 to tow operator/ ensure tow receipt get placed in tow slip box on door

DO NOT IMPOUND Vehicles at substation w/out permission form Tow Admin or W/C

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61
Q

Processing Vehicles-

A
  • assigned inv and/or lab personnel will process impounded vehicle
  • release within 3 working days-unless ext circumstances
  • auth by LT-send memo to Tow Admin
  • Tow Admin will track all vehicles stored at impound facility
  • After processed- inv will coordinate the transfer or veh from enclosed
  • if pending court proceedings will be xferd to outside lots

Tow Admin will update the impound management system

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62
Q

Dept release / removal of evidence holds on vehicles

When Inv determines evidence hold should be released:

A
  • initiate admin removal of evid hold by contacting tow Admin or W/C after reg hours
  • contact r/o - inform veh will be released as of the date / time specified by direction of Tow Admin or W/C
  • if unable to locate r/0 send certified letter notifying release date
  • doc notification in inv report
  • inv shall NOT contact tow yard to initiate release of vehicle on hold
  • only Tow Admin or W/C can remove hold
  • Inv will notify r/o, removal of evidence hold, and informing r/o of costs- all fees are responsibility of owner
  • If owners contest - refer to City claims
  • tow comp will not release veh with expired reg, unless r/o can show proof of current reg, at the discretion of impounding agency, upon the issuance of a notice to appear for the reg (by the agency causing vehi to be stored)
  • if veh has been impounded for inv purposes and it has unpaid citations, owners should be referred to City Treasure for payment of citations and clearance of reg
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63
Q

Release/removal of veh evidence holds at police vehicle impound facility

A

Inv are responsible for monitoring status of each vehicle

  • including contacting r/o and Tow Admin or W/C to have evidence hold removed
  • when done with forensic exam-case inv will determine if need to hold the car (ex DA)
  • if suitable for release, inv assess required disp for vehicle (Section IV)
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64
Q

Guidelines for determining disp for vehicle releases from the Police Vehicle Impound Facility:

A

Vic Vehicle:

  • if veh was used in a crime, r/o was not involved, release veh to r/0 at police veh impound facility
  • Tow Admin office must be notified

Suspect Vehicle:

  • inv shall facilitat the xfer of vehicle from Police Vehicle Impound to contracted tow yard
  • separate A-11 is required for xfer
  • request two
  • owner is responsible for tow fees and any storage fees incurred after evidentiary hold released.
  • -inv will contact r/o via certified vehicle release notice
  • when r/o contacts inv , arrange to meet at impound lot
  • inv will notify Tow Admin to update status of vehicle
  • after 10 days of receipt of letter, and r/o has not contacted- inv should call Tow Admin who will have vehicle towed to a to yard for lien sale processing
  • inv will complete A-11 and give to Tow Admin
  • copy to tow truck driver, original to records
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65
Q

3.04 Marking of physical evidence

A

DO NOT MARK DIRECTLY ON ITEMS OF EVIDENCE

  • put initials on containers
  • when evidence cannot be sealed in container, place wire tag on item
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66
Q

3.05 - Juvenile Index

Background

A
  • Central record file of all SD County juvenile residents taken into custody within this County
  • maintained by Probation Dept at Juv Hall
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67
Q

3.05 - Juvenile Index

Procedure

A
  • IQ of juvenile = 24 hours and ask for Juv Index
  • need code

Wanted Juveniles -
Notification and Cancellation
-Index permits the posting of notices on juv who may be wanted as runaways or in connection with some delinquent act
- call the agency posting the wanted notice
-wanted notices and/ or cancellation notices for juvenile suspects by dept should originite with the area command JST
-want or cancellation info on juv suspects will also be paced in Records Div

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68
Q

Juvenile Court Website

A
  • info on juvenile probation orders, warrants, charges, court hearings, and dispo, school grades, and attendance
  • to get password-complete SDCProbation Computer Svc Reg form
  • submit completed forms to Juv Admin
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69
Q

Juvenile Procedures

Background

A

Per WI 626- officers have legal alternative disp’s for juveniles taken into temp custody

  • release to parent, guardian, responsible adult or OR
  • refer or deliver to juv agency for shelter, care, counseling, or diversion
  • complete a JCR with statement of reasons the minor was taken into custody and immed release the juvenile
  • deliver the juv to prob officer (Juvenile Hall)
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70
Q

Juvenile Procedures:

Arrest

A

WI 625-details circumstances in which officer can take juv into custody.

  • similar to adult arrests
  • EXCEPT-officer may arrest a juvenile for a misd not committed in his presence-if P/C exists
  • MUST fingerprint juveniles arrested on felony
  • officer will complete 3 fingerprint cards-attach to JCR
  • records will send to SO to be entered into Cal-ID
  • w/c field LT must approve all Juv Hall placements
  • If during business hours, officer will also notify JST Sgt.
  • Juv Hall CANNOT accept minors under 12 with/out judge approval
  • Juv Hall will accept 18 yr olds, until 19th b/d with No Bail warrants from Juv Court
  • officers should take juve with traffic warrants to deputies at Traffic Court
  • if after hours= Juv hall
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71
Q

Juvenile Procedures:

Admonishment

A
  • WI 601 or 602 is taken itno temporary custody- officer MUST Mirandize - even if officer is/is not going to question juvenile about crime
  • when in police custody h/she must be adminished prior to interrogation (no Beheler)
  • if juvenile is not going to be questioned, officers are not to ask the 2 questions
  • officer must inform the juvenile of the purpose of the arrest, expected duration, CANNOT exceed 6 hours
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72
Q

Juvenile Procedures:

Infraction or misdemeanor field releases

A

-may field release for any infraction / misd if juv can provide ID/and resident of SD Cnt
-if not resident of county it is not likely they will return for court-therefore another dispo is appropriate
-release a juv in field for a non traffic related offense, JCR must be completed
-officers should contact parent/guardian and notify before EOS
-when responding to school, determine if violation of law or violated school policy
-MAY NOT RELEASE IN FIELD IF:
UNDER 14
-under the influence of alcohol or drugs
-juv requires medical attention/unable to care for his own safety
-crime involves sophistication
-immediate release would jeopardize prosecution of the offense
-reasonable likelihood offense would continue or release would endanger the safety of persons /property

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73
Q

Juvenile Procedure:

Dependent Children

A
  • defined as victims of child abuse, neglect, or molestation, children deserted by parents, children whos parents have been arrested or hospitalized, or children otherwise in need of immediate protection = WI 300
  • if child needs protection- take to Polinsky and forward A-9 to child abuse unit
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74
Q

Juvenile Procedure:

Police Facility Detentions

A

-secure detention is prohibited in all police facilities
-shall not be locked in room
-shall not be secured to stationary object
Non-secure:
-under nonsecure detention MAY be handcuffed - but not to chairs, etc.
-non-secure constant observation, by television is not sufficient
-WI 300 must be kept under continuous supervision are not permitted to have contact with adults in custody in facility
-non-scure detentions not to exceed 6 hours
-in all cases, must use one of the dispo options available
-if it will be longer than 6 hours MUST transfer to Juv Hall
-602’s cannot have contact with juveniles held for 601 and 300
-complete Juvenile detention log

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75
Q

Juvenile Procedure:

Shall have the following amenities

A
  • water and/or other beverage
  • toilets/washing facility
  • privacy during visits with family, etc
  • food if in custody for more than 4 hours or hungry
  • opportunity to complete at least 2 phone calls not later than 1 hours after in custody
  • privacy only applies to attorney phone calls, officer should listen in on all other phone conversations
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76
Q

Juvenile Procedure:

Protection and welfare of juveniles

A

Protection-welfare /protection of all juveniles is responsibility of arresting officer
Discipline - of any kind is NOT PERMITTED
Suicide risk / prevention-
-maintain constant supervision
-if necessary-take to Juv CMH
-if going to Juvenile Hall, and 11-45 talk, still accepted

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77
Q

Juvenile Procedure:

Use of Restraints

A

use discretion / good judgement

constant in-person observation

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78
Q

Juvenile Procedures:

Medical Assistance

A

officer should comply with reasonable requests for medical assitance

  • render necessary medical assistance
  • obtain appropriate medical care for any juvenile who is known to have ingested intoxicating substances or UTI which could result in medical emergency
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79
Q

Juvenile Procedures:

Required reports

A

Must complete a JCR

  • if going to the hall, JCR, Dec, Aff and app for filing of juv court petition, crime case
  • no need for dec, aff, and crime case if JDO or warrant
  • if not immediately possible to complete the crime case, must be taken to DA next day

Officers may request juv NOT to be released if:

  • no responsible parent/guardian avail
  • continued detention is needed for protection of minor
  • minor likely to flee
  • violated order of juv court
  • minor is physically dangerous to public

Include multiple traffic and criminal offenses on JCR

-Do NOT tell members of the public to sign a complaint

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80
Q

Juvenile Procedures:

Parent Notification Letter

A

Criteria:
-companion of FI’d, cited, 10-16 for narc, DUI, or other alcohol, of a person involved in criminal activity, (except if it will jeopardize ongoing inv), companion of a gangsta

  • JST Sgt will make the decision to have letter and track
  • when parent contacts the JST team, the parent will be provided with info for intervention referrals.
  • names of others involved with juv during contact will NOT be shared.
  • the number of notifications to the juv parents will be up to the JST sgt.
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81
Q

Juvenile Procedures:

Photographing Juveniles

A

Same as for adults

  • under arrest for a crime
  • detained as a suspect in a crime
  • legally detained for criminal inv
  • consents to being photographed

After photograph, officer will notify parent
-include notification on JCR
-if unable to make notification, include on JCR or FI
-

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82
Q

Juvenile Procedures:

Collection of DNA mouthswabs from Juveniles

A

can be taken and submitted to State databank

  • generally performed by a p/o in Juv Hall and with a court order
  • juv DNA can be stored in SDPD database
  • may take for inv purposes, either in the field or at police station if:
  • legally detained as a suspect
  • if in a place of confinement-take steps to notify parent and document on JCR
  • juv has been identified with ID

IF under 14 years old-needs to meet PC 26

  • Prior to collection-notify Sgt or LT for approval (JST sgt)
  • fill out consent to collect saliva sample,
  • outside of public view
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83
Q

Juvenile Procedures:

Interview of Juv victims/witnesses at Public schools- Greene decision

A

12/2009-cannot interview victims/witnesses at school without a court order, or consent by parents

EXCEPTIONS-

  • if investigating incidents initiated at school
  • interviewing juvenile SUSPECTS at school
  • exigent circumstances
  • consent from parents

COURT ORDER

  • if involving sex assaults, chab, molest, or neglect, contact on call inv unit
  • all other cases call JST sgt/det
  • JST sgt/det will assist officer in obtaining court order
  • complete an ex parte and other doc’s not reviewed by CA or DA
  • sgt will review the docs
  • docs on shared drive
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84
Q

Juvenile Procedures:

Notification of parent or guardian

A

WI 627 - when take minor to place of confinement MUST attempt to notify parent

  • for minors WITHIN city -10-21/note
  • for minors WITHIN county- 10-21 ask SO
  • for minor OUTSIDE county-10-21 or teletype
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85
Q

Juvenile Procedures

Undocumented juveniles

A

WI 300-

  • under 13 - 11-48 to Polinsky if parent/guard cannot be reached
  • 13 + = non-offending parent - release
  • no contact release to CBP - ok to 11-48 to CBP facility for this purpose

WI 601- (Status offenses)

  • under 13 - release to parents
  • if parents are in Mexico, 11-48 to Polinsky
  • 13+ = release to parents, if cannot be reached, release to CBP - ok to 11-48 to facility for this purpose

WI 602- (Minor offenses)
-Under 13- if cannot contact parents - need court order to release to Polinsky (processed by Polinsky)
-if no court order contact JST det, with the assistance of Juv DA will coordinate placement of juvenile in the hall or Polinsky
-13+ = juv 10-16 and parents not available = Hall
complete JCR

WI 602 (serious offenses)

  • Hall
  • photograph/fingerprint
  • JCR
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86
Q

Juvenile Procedures:

Juvenile foreign nationals

A
  • when 10-16 - required to notify foreign nationals
  • take to Juvenile hall when they are involved in serious/violent crimes and cannot be released to parents
  • if in Hall, staff will make notification
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87
Q

At risk missing / runaway juveniles

A

-DOJ requires info on missing / runaway juveniles to be entered into CLETS
-divided missing juveniles and runaways into 3 categories:
1. at risk
2 under 16 and not at risk
3 over 16 and not at risk

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88
Q

At risk missing / runaway juveniles

Procedures for missing juv at risk

A
-victim of foul play
in need of med attention
victim of parental abduction
mentally impaired
no pattern of run away

Communication:

  • format active case
  • dispatch officer
  • all units
  • notify sgt
  • assign other units if sgt needs
  • assigned non resident cases where juv was last seen in city
  • if believe it is 207, dispatch will notify Robbery
  • notify W/C

PATROL OFFICER:

  • until relieved by sgt, conduct crime scene inv
  • take mp report
  • obtain a case number within 4 hours/for each missing kid
  • obtain photograph
  • have auth for dental/xray signed
  • inform parent they need to check friends, hospital, etc.
  • must notify JST if juvenile is found
  • complete process if juvenile resides outside City, but was last seen in command area
  • place all mj at risk on w/c log at EOS
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89
Q

At risk missing / runaway juveniles

When juvenile is found

A
  • officer will notify the dispatcher
  • DO NOT VOID case number

if parent cannot be found:
-resides within county, juv is 14+, place in approved shelter/call juv probation intake for references
-resides within county and juv is under 14, place in Polinsky
-resides outside county, or unknown who has custody, place at Polinsky (13 U)
-send notification letter to hometown agency
JCR if officer has contact

PATROL SGT:

  • evaluate the scope of the search, request other resources if needed
  • if child is very young or other reasons- may set up command post
  • ensure w/in 4 hours - a case number is assigned, recent photo is obtained, dental x-ra info is obtained

Watch Commander

  • ensure appropriate personnel is notified
  • notify robbery if necessary
  • notify CIMU if mobile command post is needed
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90
Q

At risk missing / runaway juveniles

JST responsibility

A

JST Sgt:

  • coordinate inv with filed untis
  • assign to JST det within 24 hours
  • monitor the inv
  • ensure all docs completed
  • when turns 18, make sure missing juv check list is complete
JST Det:
-contact r/p 
-check with ME
-send dental / x-ray and photo to DOJ
-within 10 days, give notice to school
-check arjis
-continue reasonable contact with parent
1 wk - daily
2-3 wk - bi weeekly 
4 wk - monthly until located 

cancel by completing the case cancellation if:
juv returns
arrested
outside agency has entered juv into CLETS

91
Q

At risk missing / runaway juveniles

When turned 18

A

-ensure check off list is complete
-if located and does not choose to return, provide detail for cancellation
-if case cannot be cancelled transfer to adult missing persons unit
JST sgt must approve / sign case
-forward courtesy reports to hometwon le
Robbery unit w-if ill assist in producing missing person’s flyers using TRAK system

-Teletype / records
-immediately enter info into CLETS/NCIC
-
-

92
Q

At risk missing/runaway juveniles

Child Abduction by family members

A
  • PC 277–
  • patrol will determine if any court orders exist regarding custody
  • if orders exist NEVER act on them unless you can VERIFY they are the most recent and valid or get parties to agree they are valid
  • if you cannot determin, do not act on order, contact DA child abduction unit
  • if no orders exist, both parents have equal rights
  • NEVER act on out of state order- refer to DA child abduc unit
  • act in best interest of child abduction by family -complete crime case
  • when in doubt contact DA child abduction unit

JST det:

  • fax a copy to DA child abduc unit
  • DA office will handle follow up on ALL cases involving parents, guardians, family members
  • complete case cancellation once DA office has entered juv into CLETS / NCIC
  • DA child abduc unit
  • has primary responsibility for f/u
  • call JST det to advise they are handling case
  • call JST det to cancel the NCIC/ CLETS entry
93
Q

AT risk/runaway juveniles

child abduction regional emergency alert (CARE)

A
  • CARE is communication partnership between local media and SD county LE
    CARE alert requirements
    -under 17 yrs old or proven mental or physical disability
    -victim must have been removed by someone other than parent without permission
    -be in grave danger

PATROL response:
-if meets CARE rqmnts notify patrol sup and deatils

PATROL SGT:
-contact W/C and request CARE be initiated

W/C response:
-prepare brief announcment transmitted to Sheriff’s comm w/c via fax

AMBER alert
-similar to CARE but wider in scope

94
Q

At risk/runaway juveniles

Missing persons DNA program

A

-high risk missing person is :
-stranger abduction
-suspicious / unknown
-reason to assume person is in danger
-missing for more than 30 days (or less at discretion of inv agency
JST detectives will collect DNAand mail to DOJ within 72 hours

95
Q

NOT at risk missing / runaway juveniles

A
-DOJ= requires missing / runaway juv entered into CLETS/NCIC
DOJ - 3 categories
1. at risk
2. under 16 not at risk 
3. 16+ not at risk
96
Q

NOT at risk missing / runaway juveniles

Procedures

A

Communication:
10-21 dispatcher format case
radio dispatch- dispatch patrol, all units, notify patrol sgt, assign additional units, assign non-resident cases , notify W/C,

PATROL:
-contact r/0, complete primary inv
-take report 
complete mp report 
obtain recent photo
dental/form
obtain case number 
(See same criteria for at risk)
SGT:
w/in 4 hours
-case number 
recent photo
auth form for dental/x-rays

JST sgt:
-assigned case to runaway desk or jst det within 24 hours
-monitor inv
-ensure all docs completed
-when turned 18, ensure all check list completed
-if case cannot be cancelled the JST sgt must approve and sign the case before it is foward to adult MP unit
-monitor the monthly DOJ validation
ensure MJ log in LAN is updated
-ensure runaway desk or JST det provides written notice to child’s school with in 10 days
-if J has not returned, sgt shall ensure reasonalbe contact with parent is being made

97
Q

NOT at risk missing / runaway juveniles
Procedures
Runaway desk or JST detective

A

-within 24 hours of receipt of case
-contact r/p
not updated info
-advise r/pto call when j returns or is found
-check arjis
continue reasonable contact with parent
1 wk - daily
2-3 wk - bi weeekly
4 wk - monthly until located
-f/u on info from parents
if non-resident j is located, notify teletype and send locate notice to hometown agency
-if no parent available, juv hall will be responsible for locating the parents and coordinating return home

Under 16 and not at risk-
-at end of 14 days the JST det will:
check with ME
send auth dental/x-rays to DOJ

OVER 16 and not at risk:

  • at end of 45 days, JST det will:
  • check with ME
  • send auth dental / x-rays to DOJ

Cancel case thru CRMS if :
j returns home
j has been arrested
outside agency has entered the j into system

When 18- if located /chooses not to return, detail reason
-if cannot be cancelled transfer to AMP

98
Q

NOT at, risk missing / runaway juveniles
Procedures
Teletype/records responsibility

A

-receiving via CAD, enter into NCIC/CLETS within 4 hours of r/p call
-when received mj report, update entry
-when receiving cancellation, immediately remove from SDPD info and arjis
-send notification letter to hometown agency
-

99
Q

NOT at risk missing / runaway juveniles
Procedures
Front counter storefronts, without CAD

A

-obtain case number from records and fax to teletype

100
Q

Daytime Loitering/Truancy

A

California Law= all J’s between 6 and 18 are required to be in school (some exceptions)

  • if 10-16 for truancy- can return to school or home
  • can also arrest parent who knowingly allows student to be truant
101
Q

Daytime Loitering/Truancy

SDMuni code

A

can arrest if found loitering, on public streets, etc, or in any establishment

  • between the hours of 0830 and 1330 when school is in session for that juv
  • any parent of j who knowingly or by insufficient control allows j to be truant (cite/infraction)
  • subsequent violations = misd

EXCEPTIONS:
-accompanied by parent/guardian
on emergency errand directed by parent
-going/coming from place of school to approved medical or employment
-has permission tol eave with off campus pass
-going to or coming from alternative ed program activity
-attending or going to /returning form official school, religious activity supervised by adults
-court approved emancipated minor or any student over 18

102
Q

Daytime Loitering/Truancy

Procedure - Oficers

A
  • used as a tool for dealing with j
  • need same standard for detaining adults
  • detention based on violation of this section alone is insufficient to questions a j about his/her involvement in some other incident or crime unless additional facts are known.

Officers who 10-16:
confirm j meets requirements
-ensure j is not exempt (call school pd)
-complete JCR
-admonish J
-if only truant MAY NOT BE FINGERPRINTED/ PHOTOGRAPHED unless no ID
-return j to school or home (if parent available)
-notify parents
-notify parents if j does not meet criteria for diversion, will be required to appear in J Dept 11 court

103
Q

Daytime Loitering/Truancy

Procedure - Cite and release parents

A
  • confirm parents meet criteria
  • verify if given prior warnings or citations
  • issue notice to appear (1st as infraction), sign
  • provide narrative
104
Q

Daytime Loitering/Truancy

Procedure - If not necessary to complete JCR

A
  • during school hours officer may assume temp custody of minors
  • complete FI
  • 11-48 to school and release to authorities / or return to home with parent
  • JCR if other charges are apporpriate
105
Q

Daytime Loitering/Truancy

Procedure - Investigator follow up

A

-JST sgt will:
forward 1 copy to case management
-copy to city school pd
-JST Detective will:
-run j in arjis/CRMS for j cirminal history and jj#
-if qualfies for diversion complete J diversion contract and submit to diversion program provider
-if j qualifies for dept 11 court, complete aff and app for filing j court petition, send copy of JCR to juvenile court
-does not qualify for diversion or dept 11, complete aff and app for filing j court petition and send copy of JCR and aff to juv probation

MIS Cite to parents:

  • original to CA or DA in southbay
  • copy and narrativ to records
106
Q

Curfew enforcement- Violations

A
  • if j is present in any public place/establishment during curfew hours
  • unlawful for parent to permit minor to violate curfew

EXCEPTIONS:

  • -if accompanied by parent
  • on errand at direction of parent or responsible adult (wihthout detour/stops)
  • in motor vehicle involved in interstate travel
  • engaged in employment activity
  • involved in emergency
  • on sidewalk of minors residence
  • attending official school other rec activity supervised by adults
  • excercising 1st admnd rights
  • traveling form an activity
  • emancipated by law
107
Q

Curfew enforcement- Violations

PROCEDURE

A

-Officers:
complete JCR charging SDMC 58.0102

OVER 14
call parent to pick up j and sign forms
if no parent available j will be transported home and released
complete parent notificiation and advise j and parent if does not qualify for diversion, will be mailed notice to appear

UNDER 14

  • call parent to pu j and sign forms
  • if no parent avaialble - Polinsky
  • complete parent notification

If officers chooses to have j pu at area stations:

  • non secured
  • not detained more than 6 hours
  • not within sight or sound of adult 10-16s
  • NOT booked, fingerprinted or photographed unless they have been arrested for a crime
  • separated from opposite sex
  • completed all portion of j detention log
  • attempt to notify parents
  • both parents or one parent sign form
  • note in report if parents were notified
  • j will be given opp to make and complete up to 3 phone calls (should listen in on convo except attorney)
  • if j is apprehended 2+ times in smae night 11-48 to Hall with W/C approval
  • if violation of other cirmes - 11-48 to Hall
108
Q

Curfew enforcement- Violations

JST

A

-provide curfew enforcement program training to officers at command
-conduct follow up if parents were unavaiable
-

109
Q

Curfew enforcement- Violations

Undocumented J’s

A

UNDER 13

  • if j’s parents are in US released to them
  • if parents reside in foreign country j 11-48 to Polinsky

OVER 13

  • return j to parents and release
  • if parents unavailable, released to BP
  • can 11-48 to facility in this case

-complete JCR

110
Q

Curfew enforcement- Violations

Investigative follow up procedure

A
  • perform cirminal history search
  • if qualifies for diversion submit contract to approved diversion program provider
  • if j qualifies for dept 11 court, complete aff and app for filing j court petition, send copy of JCR to juvenile court
  • does not qualify for diversion or dept 11, complete aff and app for filing j court petition and send copy of JCR and aff to juv probation
111
Q

Narcotic enforcement procedures (inv 1)

PROCEDURES:

A

-if a field officer becomes involved in narc investigation, they must contact a supervisor to determine if Narc section should be notified

Narc section should be notified if:
sales, poss for sales, man, cult, multiple s, extensive f/u, large amount of $, drug related crimes (211/207), wall cases, narc related CI, med marijuana claims and disp, pharm fraud inv, guidance

Officers and inv assigned to units other than Narc should not enter area beleived to contain clandestine lab

  • if entered , take action to protect public
  • isolate scene and notify w/c
  • w/c will notify narc task force lab team
112
Q

Narcotic enforcement procedures (inv 1)

-enforcement / dispo of narc evidence

A

-if s is in poss of mj and claims prop 215 - still required to conduct thorough eval of circumstances to determine criminal activity

  • Felony Offenses:
  • shall be taken into custody
  • if arrest is delayed, the narc evidence shall be impounded and 11-10
  • 11-10 will determine if warrant of arrest may be issued

Misdemeanor offenses;

  • 11360HS 9less than an ounce) -= citation
  • other misd narc offenders should be booked and may only be released on Citation with approval of W/C
  • impound nar and write 11-10

Infraction cases :

  • 11357b = infraction
  • 10-16 for only this = infraction citation
113
Q

Narcotic enforcement procedures (inv 1)

Usable amounts

A
  • determine usable amount
  • courts/and prosecuting agency (not officer) determine usable amount
  • Exception would be debris, residue,

all narc and paraphernalia will be impounded even if no arrest (11-10)

  • destruction of any amount of controlled sub in any manner is PROHIBITED
  • unidentified pills will be impounded and 11-10
  • do not make notes in report questioning stop/search/statements
114
Q

Narcotic enforcement procedures (inv 1)

Pharmaceutical and prescrip fruad investigations

A

during normal working hours, officers will

  • conduct prelim inv
  • notify narc section

after hours, officer wil:

-contact w/c and request on call narc supervisor be notified by phone

if suspect not present
-conduct prelim investigation, complete a-9 and forward to Narc section

115
Q

Narcotic enforcement procedures (inv 1)

Impounding vehicles as narc seizure

A
  • established value of at least $5000 or more
  • contains any usable quantity of narco
  • r/o is aware of drug use and / or transportation of drugs

Prior to 11-85, contact for approval:
NTF
w/C if NTF not avail

116
Q

Narcotic enforcement procedures (inv 1)

Access to SD LECC

A
  • formally NIN
  • state run clearing houses for narc activity

during bus hours:
call narc section to perform search
nar section will execute any narc related search warrant

after hours:

  • access through w/c
  • if hit, w/c will notify nar section lt or designee on call sgt will contact officer requesting IQ
117
Q

Narcotic enforcement procedures (inv 1)

Drug Court

A
  • defendants enter program after p/g to open charges in drug court
  • 18 month program
  • after completion, all drug related charges area dismissed
118
Q

Narcotic enforcement procedures (inv 1)

Qualified participants

A

Court, DA, Crug court Advisory Team, assesses eligibility for program
-Officers may recommend individuals

Criteria:

  • no history of violence
  • DUI will be accepted on case by case/charges will NOT be dismissed after completion
  • current charge cannot be for sales, tran, facilitator, man, or poss for sales
  • no 290’s
  • no CI for any LE
  • NO doc’d gang members
119
Q

Narcotic enforcement procedures (inv 1)

Drug Court Liaison

A

assigned to Narc section

  • 10-16 participants who have warrants
  • check police records daily to see if participants were arrested
  • monitor participants
  • conduct random drug testing of participants in the field
  • maintain records

ONS: participants are in ONS

  • have 4th waiver
  • if 10-16 contact drug court liaison officer
  • upon term/graduation, will be removed from ONS
120
Q

Narcotic enforcement procedures (inv 1)

WHISPER or WALL

A
  • CI is legally denied to the defense
  • if asked to conduct stop by outside agency, notify Narc supervisor
  • narc section will take the lead role in these investigations
  • coordinated with DA office
121
Q

Drug influence Testing Procedures- 11550 HS

A
  • refer to 11550 HS for complete list
  • Mj, hash, LSD, K, ecstasy, GHB, GBL are also classified as controlled substance BUT only GHB is covered by 11550 HS. Also evaluated and charged with 647f
122
Q

Drug influence Testing Procedures- 11550 HS

PROCEDURES

A
  • obs of arresting officer
  • should not specify in arrest report which drug is suspected
  • initial contact must be justified and fully explained (physical symptoms etc)
  • detention must be justified
  • when 10-16 take s to controlled lighting location and examined
  • should be admonished and should attempt to solicit info related to drug use.
  • if questioned- need to determine coherent
123
Q

Drug influence Testing Procedures- 11550 HS

chemical, blood, or 1st void

A

-1st void is required for drug analysis
(not for alcohol)
-officer must be present during urine sample -bluing added to toilet
-blood taken at rm 138
-if no tech available, wc can call phlebotomist
-blood to be obtained suspects believed to have injected or ingested the controlled sub within 2 hours
-blood testing for LSD is not available- need urine
-No consent is necessary for sample
-force should not shock the court
-document force

blood/urine label

  • officer in charge of subject must witness draw
  • officer submit a tox form
124
Q

Drug influence Testing Procedures- 11550 HS

DUI Arrests

A
  • if both drugs and alcohol is requested, and BAC is .08% or more, the specimen will not be submitted for drug testing.
  • Tox form will be returned to supervisor
  • if only drug content check is requested, not rests for alcohol will be conducted
  • if violations are listed as both 23152 and 11550, the sample will be submitted for both drug and alcohol testing
  • for combo 23152 and 11550 arrests, officer should conduct both the SFST and drug eval
  • Tox rqsts involving sex crimes = completion of sex crimes tox request form
  • all suspected drugs to be checked must be included on forms
  • tox rqsts for specialized drugs related to sex crimes must have sgt approval

-if need second opinion, contact narc office

125
Q

Drug influence Testing Procedures- 11550 HS

Reporting procedures

A
  • do not specify which drug is suspected
  • after determining s is UTI, 11-10 must have
  • -reason for stop, if known, prior info, previously observed in company of known user
  • not necessary these obs to be in public
  • describe symptoms
  • eval
126
Q

Narcotic impounds/release of evidence

A
  • all narc impounds are stored in narc vault on 6th floor
  • misd narc impounded at area commands are brought to vault once / week
  • these impounds are disposed of after 2 yrs.
127
Q

Narcotic impounds/release of evidence

What compromises narc evidence

A
  • shall be impounded in FileOnQ
  • grow lights and related evidence MUST be impounded in database and submitted to HQ prop
  • perishable items should be discarded-photograph and attached to doc section for that impound

-if found pre-shift in police veh, and cannot be connected to arrest, impound as f/p

  • growing pots, planters, should NOT be impounded
  • photographed
  • drain water pipes before impounding
  • DO NOT IMPOUND any materials from suspected clandestine drug man or processing lab (haz mat)
  • gas containers should not be impounded - dangerous
  • if bottle not evidentiary and gas is not illegal, left at scene unless hazardous
  • if poss of gas is not illegal and bottle is evidence, photograph, and leave, unless hazardous
  • if hazardous is created by leaving pressurized gas bottle at scene (haz mat proc)
  • if in doubt, call w/c
  • if unknown handle as hazardous

-tolulene, glue, and spary cans must be impounded and kept in separate bags

128
Q

Narcotic impounds/release of evidence

Dividing Impounds

A

Narcotics that must be impounded with their own barcode:

  • f/p
  • PCP, tolulene, glue, spray cans (re-sealable plastic bags)

Narcotics that can be impounded with property

  • if narc are rolled into dollar bill (any denom)
  • wallets, pagers, fanny pack, in which the narc was hidden
  • suitcases and back pack with large amount of narc or narc residue
129
Q

Narcotic impounds/release of evidence

Where to impound

A
  • All felony narc (excluding found) at HQ
  • any narc impound that will not fit into area station mailbox
  • any impound that contains suspected PCP, glue, tolulene
  • any large wet mj plants

goes into blue narc mailbox

After hours:
impound in narc bulk storage gins
if too large, call w/c to have on call vault person assist

Area Stations:

  • narc impound is picked up once a week and destroyed after 2 years
  • any evidence in misd, juv, or f/p cases can be impounded at area station
  • must be put in narc mailbox, if too large- HQ, except Central which has two bulk bins
  • only narc vault employees can access narc impounds, not regular prop room clerks
130
Q

Narcotic Impounds

Packaging

A
  • make sure to mark if syringe, broken glass pipes, etc
  • use smallest container to save space
  • never put wet marijuana in plastic
  • each item needs own barcode
  • make sure the FilOnQ database reflects hold for prints if needed
  • merely marking it on the package does not ensure this

-wet marijuana plants in paper bags or boxes.
Used syringes
misd: only syringes with “visible” liquid will be analyzed. mark “loaded” on FileOnQ
-all empty used syringes will be discarded into biohazard, should be photographed before impounding

Felony: all syringes, except empty syringes found in a container, are to be placed in plastic tube

  • used empties found in a container (purse, box, etc) should be impounded in the container in which it is found.
  • need evidence cautions on FileOnQ database and packaging

PCP, glue, toluene- must be placed in sealable bags.
-place item in plastic bag, then manila envelope, then place sealed manila envelope in plastic bag
lab will repack the impound with kapack

Unknown liquids (GHB) - in plastic container
if after hours, secure the container as safely as possible and indicate on FileOnQ
131
Q

Narcotic Evidence

Completing Fileonq data entry impounds

A
  • any desktop with intranet connection
  • MCT connected to Lan

if database is down, impound can be completed by using the Property Stystem Data Worksheet, found in the impound areas at HQ and area stations

analysis will not be performed on impunds without the s’s name, category, item type and drut type fields completed

132
Q

Narcotic Evidence

Weighing

A
  • all mj will be weighed and the amount placed in databse
  • weigh in plastic baggies for uniformity
  • do not weigh paraphernalia with mj
  • all adult felony mj cases are to be impounded at HQ
  • felony nar should not be weighed by officers, narc analyst will weigh substance and report net weight
133
Q

Narcotic Evidence

Cocaine Pipe test kits

A
  • arresting officers are required to complete a presumptive test for narc residue on cocaine pipe prior to impounding the contraband
  • will be completed when a cocaine pipe is the ONLY item being impounded
  • dispose of kit in container provided
  • DO NOT include the test kit in the impound
  • place the results in the remarks field of the database
134
Q

Narcotic Evidence

Sealing evidence

A
  • all impounds MUST be sealed.
  • the outermost container must be sealed
  • seals must have off name id number and date
  • for suitcases-place evidence seal across the zipper and put a wire tag with seal to prevent access to the impound
  • if unsealed, vault personnel will seal with their info and note in database the item was received unsealed.
135
Q

Narcotic Evidence

discrepancy notices / Voiding tags

A

narc vault will notify impounding officer and supervisor in instances of improper seals, failure to weigh mj, failure to return impounds from court (in time frame), and any others

-officer may be required to go to vault to correct problem

-delete an entry:
worklist, select item, request, deliver to, 12 data change, date, reason why deleted, request,
-tracked on Mywebview

136
Q

Narcotic Evidence

Release of evidence to court

A

-all narc evidence is stored on 6 floor at HQ
-to obtain narc evidence for court need, b/c and ID
-evidence court disp form will be provided to narc vault within SEVEN days of date evidence was signed out
- if not email will be sent to officer and supervisor
-MUST BE SIGNED BY COURT CLERK AND STAMPED WITH SEAL OF COURT
except southbay- sig of DA is ok
-if returning from court after 1600, must deposit narc not retained by court in narc mailbox at HQ

137
Q

Narcotic Evidence

Disposal

A
  • investigator is responsible for determining the necessity for retention of impounded property
  • inv can place okay to disp in database

Property release MUST be completed any time dept member relinquishes custody of property
-only exception is for court

  • viewing and photographing narc
  • Defense must be accompanied by det assigned to case or the DA
  • may be done at vault only if accompanied by det
  • if suspect is present, at vault front counter only
  • may be accompanied by vault personnel
138
Q

Informant Procedures

Types

A

3 distinct groups:
Informant:
-person who has been or is a member of criminal element
-assisting LE for self serving reasons, not out of civic duty
-By greed, legal benefit, eliminate criminal competition, remorse, counter intell, revenge
-could plant evidence or fabricate p/c to attain their goal

Information source:

  • assists LE out of civic mindedness, not out of any expectation of gain.
  • source’s activity cannot be directed by LE nor can the source be paid for the information

Lay witness:
due to circumstance, becomes a direct witness to criminal conduct

139
Q

Informant Procedures

Guidelines/Procedure

A
  • handling of criminal informants is potentially hazardous
  • uniformed officers are inherently RESTRICTED in their ability to adequately manage informants
  • if officer is told by an individual they want to be an informant, they should be placed in contact with the appropriate investigative unit
  • never use coercion in recruiting informants
  • no implied or direct promises of freedom from arrest or prosecution shall be made to active or potential informant
  • never destroy evidence of a potential or active informant

Each informants must be profiled by handler

  • ID, Criminal history, criminal expertise
  • thorough interview before informant is used
  • information collected during interview will be placed into PDIS database
  • detective/ handler will prepare a written memo to supervisor with :
  • circumstances led to CI initial contact with police
  • CI prior cooperation with police/prior CI history
  • steps taken by det to establish cred
  • prob/parole status
  • any violen criminal history or false infor
  • how det intends to use CI
  • CI motivation
140
Q

Confidential Informants

charged with crimes

A
  • CI’s charges with felony shall be prosecuted
  • notify DA SPec Op must be advised prior to being used as informant
  • prob and parole should be notified

-Misd charges shall not be dropped or modified without approval of C/O, DA, and the court

141
Q

Confidential Informants

Under 18

A
  • CI under the age of 18 is strongly discouraged
  • requires approval from Asst Chief of Centralized iNv
  • AND written permission from parents
  • Under 12 is prohibited
142
Q

Confidential Informants

Payments

A
  • When meeting with CI - shall have cover unit (or uniformed officer)
  • complete payment voucher when paying CI
  • kept in CI file
  • info and intell collected will be entered into PDIS
  • shall be inspected by supervisors
  • but NOT ACTING sgt.
143
Q

Confidential Informants

Admin of Informant systems

A
  • CIU has overall responsibility for maintaining the database of all activated, deactivated, and disqualified informants
  • keeps deactivated files for 5 years
  • disqual CI will never be purged

-Bi-annual inspections of PDIS database

-One ranking officer is the Custodian of Informant Records for the command
-detectives are NEVER permitted to have custody of files on informants they are handling
EXCEPT when directed by subpoena
-Custodian of records is the only person authorized to place items in CI file
-information should never be removed
-dets complete activity logs which are given to custodian of informant records
-unusual circumstance /requests for discovery should be reported to CIU sgt.

144
Q

Missing Adults Definition

A

-no min time requirement to report
-will be taken without delay regardless of jurisdiction
2 categories: At risk, not at risk

At risk: v of crime/foul play. need of med attention, no pattern of running away/disappearing/mentally impaired, elderly person with dementia alheimer

not at risk:

  • escapee or walk awy from mental health facility is not at risk unless danger to him/herself,
  • conservator will file det order with courts if walked away and not considered at risk
145
Q

Missing Adults

Procedures

A

-MP report shall be completed on ALL PERSONS reported as missing
-by phone or in person
If CTRU not in operation, communications will take 11-10 over phone

146
Q

Missing Adults

Not at risk

A

Not at risk: obtain case number, submit report, report will be assigned to MPU

147
Q

Missing Adults

At risk

A

At risk: comm disp shall format inc, dispatch officer, disp will fax copy of inc to AMPU

-elec message is automatically relayed to teletype
teletype will enter into MPS, included will be info as to why at risk
-all units broadcast
-if facts support conclusion as to why at risk, public notice would be placed in EAS unless it would compromise inv

  • if escapee from mental inst at risk, and has been charged with crime involving physical harm to children—–sgt will notify school districts:
    • near hospital / facility of escape, in area escapee is known to frequent, in area where escapee resided

Alzheimer patients

  • sgt will be notified
  • if not located after an initial search, Crisis Intervention may be requested as resource
  • if extensive search is in order, sgt may request RSVP, they can be called back through Volunteer svc coordinator thru W/C
  • MPU will be faxed the report and photo
148
Q

Adult Missing Person Unit

Procedures

A

Adult MPU

  • investigates reports of AMP
  • creates AMP flyers and disseminates when needed
  • alerts w/c of appropriate at risk individuals
  • reviews courtesy reports
  • forwards dental x-ray and DNA samples to DOJ
  • receives/ processes runaway mj cases from commands after mj turns 18
  • processes impounded f/p related to mp cases
149
Q

Adult Missing Persons Unit

Reports

A

include all information including facebook or other social media
-if at risk, need photo

Non residents: courtesy report if not resident of San Diego

  • Case number ONLY if at risk
  • copy of report sent to agency where person resides

R/P responsibility:

  • take report from anyone with knowledge
  • r/p should check jails, hospitals, etc,
  • required by law to furnish dental records after 30 days missing

NOT missing if:
deserting spouse
fugitives from justice
left a note/told someone they were leaving, except suicide note
who simply has not been in touch with r/p, unless extenuating circumstances

150
Q

Adult Missing Persons Unit

Located MP

A

located MP and Alzheimer’s patients
-unless MP is at risk form mental health facility- the located persons location cannot be divulged to anyone unless MP authorizes it.
EXCEPTION: if MP is incapacitated, hospitalized, or died

  • generally, advised of report and released.
  • notify AMPU

At risk found:

  • apprehend and return to facility
  • may include CMH

Found Alzheimer Patients
-if found person does not have bracelet, call Nat Safe Return program, to check their database
-call appropriate mental health facility
-CMH will hold geriatric beds for these patients
_AMPU will have responsibility to ID

Unconscious / Unidentified at hospital:

  • contact r/p, ensure pt is unconscious, check steps hosp took to ID, fingerprint and check through Cal-ID, “Missing person” on form, forward to MPU
  • MPU will determine weather or not to release person’s ID to hospital BECAUSE information gained from criminal records searches, cannot be released to unauthorized persons (including hospitals) unless it is for a legitimate LE purpose.
  • PT info should not be released if it is only for billing purposes

DO NOT TAKE F/P FROM DECEASED PERSONS
-contact ME office if hospital is requesting

151
Q

Extradition Procedures

Background

A

SO coordinates all extradition proceedings
SO will:
-contact DA for approval of the extradition
-secure necessary waivers from suspect
-if s refuses to waive the SO will initiate formal proceedings for a Governor’s warrant of extradition
-DA will notify robbery
-all extraditions will be 2 officer assignment
-at least one will be same sex as s

152
Q

Extradition Procedures

Procedures

A

-Robbery sgt will notify investigative unit who initiated the complaint
-inv assigned will be given the opp to handle the extradition
-if not available, another selected from a database
-POII or higher, not assigned to inv, should submit a written request through c/o
-all personnel must have approval of c/o before going on extradition
-less than 500 miles will be one day, no overnight
-over 500 will be one over night stay
over 1000 miles will be considered on case by case basis for 2 night stay
-additional time for f/u inv is not reimbursable under extradition agreement
-must have completed 2 hr flying with firearms

153
Q

Extradition Procedures

Prep for trip/at holding agency

A

-immediately contact travel coordinator
-trav coord will arrange all travel expenses, airline, lodging, car
extradition officers will
-contact clerical staff in robbery to enable teletype to contact TSA
-TSA to teletype so they can notify TSA
-submit request for leave of absence - other - out of town travel- extradition
-obtain warrant and abstract from SO
-return so teletype to travl coord, who will:
-prepare a direct payment request, prepare DA auth warrant for travel advance, provide car rental cc

  • present robbery with itinerary, get restraints
  • contact holding agency and make arrangements
  • contact inv who charged s, get crime case and reports
  • arrange for transp of the officer and prisoner upon arrival

-2 hours prior to flight, make required fed disclosure flying armed

AT holding agency

  • contact, inquire background, potential for flight
  • contact robbery if there are problems
154
Q

Extradition Procedures:

Return flight

A

Return flight:
-on duty while escorting- no alcohol allowed
-at least one hour before boarding:
id of prisoner, flight info, if considered dangerous
-board 1st and get off last
-under watch of at least one officer at all times
-prison will be in middle seat
-prisoner WILL NOT be served food or beverages or eating utensils, unless authorized by officers
-no alcohol

155
Q

Extradition Procedures

Arrival at San Diego

A

Extradition officers will book prisoner and prepare arrest report
-notify robbery sgt of arrival and any problems
-return restraints
-call fiscal op to reconcile paperwork
must be competed within 3 working days after return
-contact inv officer and inform of any statements
-return all paperwork to fiscal

156
Q

Extradition Procedures

Expenses

A

-if no travel advance is received prior to travel,
officers MUST have receipts for re-imbursement
-bills for hotel, car, airline must be retained by officer
-no receipts necessary for foot
-taxi fares over $5, bus rail extra airline over $1
-official calls are reimbursable
DA will reimburse up to $23.25 per day for meals
+extra $3.75 for each 24 hr period

157
Q

Hospital Interviews

visiting pts who are victims, witness, suspects

A
  • All requests through hospitals admin office
  • check in prior to conducting interview
  • staff member does not need to be present during interview unless for therapeutic reasons
  • hospital personnel will not advise any patient of their rights
  • after interview, shall not visit any other patient without going to admin office
  • officials will not deny an officer access to any pt unless DR says pt cannot be seen
158
Q

Hospital Interview

Records

A

Not considered privileged under PC 1524 shall only be disclosed to law enforcement if:

  • -written consent of pt
  • court order
  • SW
  • go thru director of Med records
  • if denied, officer shall make report thru Hosp liaison sgt in ops support
159
Q

Hospital Interview

special requests

A
  • if special medial exam is necessary and important to case, request must be made by W.C or officer’s sgt.
  • AND SW must be obtained for body cavity search of s
160
Q

Field release / drop/change charge

Background

A

849PC-peace officer may release persons before going to court IF

  • insufficient grounds for seeking a criminal complaint against the person
  • shall not be deemed an arrest, but detention only
161
Q

Field release / drop/change charge

Procedure–field release

A

-shall release in the following manner:
at scene, at police facility, at medical facility

-anything different must have sgt approval

  • if 11-48 away from scene, and then released, an A8 mst be completed
  • does not apply to dention /arrest of j’s
162
Q

Field release / drop/change charge

Drop/change/ add charge

A
  • form used when dropping felony to misd
  • Insufficient evidence is UNACCEPTABLE
  • routed to inv, jail, CA
  • W/C only person auth (other than inv unit) to prepare 849b drop/add/change form
  • exigent circumstances
  • erorrs or ommisison to be reported
  • inv personnel responsible to correct original booking charges

When DA rejects - no form is necessary
DA will jail release

-when all charges are released,–copy in CRMS, copy to SO records, original mailed to subject

163
Q

Placing and releasing holds on pawned property

90 day hold

A

By law = 30 day hold before it can be sold

90 day hold should be used when officer has pc to believe property is stolen
should be used UNLESS:
-no question that property is stolen
-no question related to ID of property
-reasonable likelihood a case will issued by DA

-If these 3 factors are present-the det may seize and impound property

-90 day hold is verbal and f/u with written notification
-officer will notify Police Permits and Licensing Unit of verbal hold
-Police Permits and Licensing will f/u by calling store and verifying hold and provide written notification
-det will received copy of written notification
det will notify Police permits and licensing within 90 days of the dispo of property
-disagreements should be directed to permits and licensing

164
Q

Placing and releasing holds on pawned property

Property ID

A
  • vic/wit should be accompanied to shop by an officer
  • if officer is unable , make arrangements for vic/wit
  • advise vic/wit not to make any statements about case in presence of shop employees
165
Q

Placing and releasing holds on pawned property

Releasing Holds

A
  • if determined not stolen, release hold
  • notify police permits
  • contact police permits with release info
  • police permits shall complete hold/release form
  • law does not require a person to buy the property back, does not preclude a pawnbroker for asking for reimbursement of his costs.
  • pawnbroker can attempt to get reimbursed through s, but cannot realize a profit
166
Q

Placing and releasing holds on pawned property

Property required as evidence in court

A

may charge PC 484.1 also (pawnbroker is victim)

  • impound property
  • if property is introduced as evidence or if property is seized with SW the court is bound to adjudicate competing ownership claims
  • inv shall notify police permits when property is seized for court
  • UNLAWFUL to seize property from a dealer for the purpose of returning it to vicitm
167
Q

Impounding temporary use of seized property

Procedures

A
  • LE officers may impound property for the purpose of making a narc related seizure
  • may include: cash, jewelry, personal property, vehicles, vessels, real estate

Seizure thresholds:
cash $1000 with an arrest, $5000 without arrest
Jewelry/personal property- $5000 or more
Vehicles- $5000 more
vessels/aircraft - 10,000+
real property- 20,000 or 20% of appraised value

Narc Task Forces Asset Removal Group (ARG)- on call and MUST be called to scene of arrest/inv if property is to be seized.

DEA Policy requires 2 LE personnel to 11-48 all U currency to DEA SD field div for processing. NTF det may required SDPD personnel assist when 2 NTF agents are unavailable

  • only SDPD det assigned to NTF are authorized to remove seized property or currency from impounds
  • only NTF personnel are authorized to make deposits into either Fed or Stat seized asset accounts
  • all seized vehicles will be transported to DEA sd div office for storage and processing
  • vehicle seizures can only be auth by NTF agent, who will completed the DEA paperwork, only NTF agents are auth for release of seized vehicles
168
Q

Impounding temporary use of seized property

NTF/Revenue sharing

A

Only SDPD assigned to NTS are authorized to seize assets
-NTF ARG will be responsible for submission of all revenue sharing requests for SDPD

-Revenue sharing check will be hand delivered to Fiscal by designated police captain

169
Q

Impounding temporary use of seized property

Use of seized vehicles

A

assigned to fleet services in the seized vehicle pool

-vehicles will be available for use for 90 days

170
Q

conversion of seized property

background

A
  • unclaimed property must be held for at least 3 months
  • stolen or embezzled must be held for at least 3months if owner id’d, 6 mos if no owner id’d
  • only request property that has benefit to public
  • items for personal use will not be converted:ie-microwave, fridge, phone answering machines, briefcase, radio

Computer equip should be made through the Info services dept.

171
Q

conversion of seized property

Procedure for requesting items

A
  • anyone can sign for them in the log provided at HQ when they are available. Log is kept for 2 years
  • complete conversion request form for each item
  • approved by appropriate command
  • approved forms forwarded to senior property sup
  • requests will be sent to ass chief of spec of for final approval
172
Q

conversion of seized property

picking up converted items

A
  • Property supervisor wil contact the listed person
  • Prop sup will determine the value
  • if $5k or more, a City property number will be assigned
  • Under $5k will be inscribed with ID number and a blue city tag
  • prop su will complete the property second of form
  • conversion request form will be sent to fiscal
  • property room will account for each item
173
Q

conversion of seized property

disposing of converted items

A

if no longer operational / needed - must reflect a dispo on the conversion request form

  • form retained for 2 years
  • item is surveyed
174
Q

receipt for weapons/currency

required

A

Receipt shall be completed when:

  • any firearms or money over $20.00 which are impounded
  • deadly weapons which are impounded in DV incidents
  • at discretion of officer can be provided for money under $20.00
  • if not provided-clearly explain in “remarks” on database
175
Q

receipt for weapons/currency

Not required

A
  • firearms / money over $20.00 seized pursuant to SW, requires R&I attached to property tag
  • where no one claims ownership
  • recovered at scene of suicide
  • obtained in uc operation
  • dropped by s who fled scene
176
Q

Media evidence recovery and Impounding / preserving procedures

General guidelines

A
  • shall make use of video recording, audio recording, and photography for work related purposes only
  • while working-no personal use
  • shall not convert to their own use in connection with an investigation or other police activity
  • public release of video, audio, photo’s, PROHIBITED unless approved by Chief of Police
177
Q

Media evidence recovery and Impounding / preserving procedures

Peaceful demonstrations

A
  • as general policy, should refrain from video recording or photo recording peaceful demonstrations
  • when reason to believe potential for unlawful activity, CO should make a decision about videoing or photography
178
Q

Media evidence recovery and Impounding / preserving procedures

video and audio taping traffic stops and citizen contacts

A
  • if used those recording shall be treated as evidence, regardless of whether used as evidence or for any other purpose
  • document recording (date/time, location, cite number)
  • on citation, rite recording in the case number box
  • on FI, TW, or other, indicate recording and include b/c #
  • person who captured recording responsible for transferring to media and impound original
179
Q

Media evidence recovery and Impounding / preserving procedures

Impounding the recording

A
  • media shall be copied to cd or dvd and impounded as evidence by EOS
  • citizen contacts - multiple may by impounded on same disc if they are not part of criminal inv. only 1 disc needs to be copied, labeled original, impounded
  • criminal investigations- only recordings from same inv shall be on disc, on 2 non-rewriteable cd-r or dvd-r discs. (one original, one copy)
  • to be played within Micorsoft windows (.wav or.wma) format
  • checked to confirm files were transferred.
  • may be subject to discovery by defense
  • no media files of evidence will be stored permanently on dept’s network-files must be deleted
  • disc may be sent to CA or DA when submitted for prosecution
  • cd dvd has barcode for report
180
Q

Media evidence recovery and Impounding / preserving procedures

Personal video, audio, phtopgraphy equip

A

-generally prohibited
EXCEPTIONS:
-personal equipment meets or exceeds standards of equip provided by dept.
-media on the personal equip can be preserved according to established dept standards

-if used, strictly prohibited to convert the media for personal use or to disseminate to public

181
Q

Media evidence recovery and Impounding / preserving procedures

Surveillance cameras

A
  • absent a court order or permission of prop owner, surveillance cameras may only be used to monitor public areas
  • without exigent circumstances or obtaining a sw, surveillance cameras shall not be positions or zoom into areas that cannot be seen by the unaided eye
  • shall not be positioned or zoom into private residences which is inaccessible to public or unaided eye
  • shall not use image enhancing tech which allows viewing into areas that are otherwise out of public view
182
Q

Media evidence recovery and Impounding / preserving procedures

Crime scene documentation

A
  • dept-approved video or photography equip is encouraged in doc of crime scenes.
  • contact op support for currently supported camera systems for member use
183
Q

Media evidence recovery and Impounding / preserving procedures

Video recording, audio recording, and photographing by 3rd parties

A
  • general public has 1st amendment rights to record or photograph dept members while conducting official business unless it interferes with police activity.
  • bystander has the same right as member of the media as long as the bystander has a legal right to be present where he or she is located.
  • members shall not threaten, intimidate, or otherwise discourage and indiv from recording police enforcement or intentionally block camera view
  • does not entitle the bystander to cross a police line to enter an area that is closed to public or enter any crime scene
  • criticism of the police or the police activity does not constitute interference
  • encouraged to provide ways in which people can continue their 1st amendment rights as officers perform their duties
184
Q

Media evidence recovery and Impounding / preserving procedures

Officers making an arrest

A
  • if recording merely depicts officer making an arrest, the person recording the video should be contacted and requested to preserve the media
  • obtain person’s name, etc
  • actual media should not be seized
185
Q

Media evidence recovery and Impounding / preserving procedures

Crimes in progress

A
  • if performed by a reporter or newsperson-obtain name and organization
  • actual media should not be seized
  • if performed by member of the public, contact and request the media to transfer to police custody or permit a copy.
  • if person refuses and the investigating officer concludes that the media contains evidence of a crime in progress and should be seized, get permission from on duty LT to seize media.
  • if not exigency to view media, it shall not be viewed until a sw is obtained.
  • exigent —officer believes possibility evidence might be lost if not timely retrieved from device
186
Q

Media evidence recovery and Impounding / preserving procedures

Basic recovery of video evidence from a crime scene –VHS

A
  • VHS or 8mm–owner should be contacted and asked to provide the original
  • NOT to accept copies of the original
  • if refuses and believes the tape contains evidence of crime, contact supervisor to initiate steps to obtain sw
  • determine if the system was a multiplexer
  • on VHS multiplexer recordings, the investigating officer is required to view the recording, on the original equip and to cue it to approx. one minute before the offense
  • if owner of surveillance is unwilling to release the video, initiate steps to obtain a sw, if equip is locked in closet etc and not accessible, premises shall be secured in order to preserve the evidence
  • if bus owner will not release the tape because he needs another for backup, officer should provide a tape to the owner in exchange for the evidence
187
Q

Media evidence recovery and Impounding / preserving procedures

DVR systems

A

-owner of camera surveillance dvr should be contacted / requested to provide video evidence
-owner of surveillance dvr may provide officer with cd, dvd, or usb flash drive, the officer can provide an exchange of media equipment
-if owner of surveillance dvr equip does not know how to op, steps should be taken to allow the evidence to be retrieved at a later date
-ascertain when evidence will be recorded over
-in most cases, it is impractical to impound dvr system
-unwilling to release the video, initiate steps to obtain a sw, if equip is locked in closet etc and not accessible, premises shall be secured in order to preserve the evidence
-

188
Q

Media evidence recovery and Impounding / preserving procedures

Impounding procedures

A
  • absolute duty to preserve the evidence and maintain a chain of custody
  • receipt shall be completed when media is seized
  • may be handwritten in pd 145 or r&i

when marking cd or dvd for permanent record:

  • use black felt tipped marker-acid free sharpie
  • data side of disc is face down
  • place identifying info on disc
  • original and working cd shall be placed in disc envelopes
189
Q

Media evidence recovery and Impounding / preserving procedures

Preserving video digital Media

A
  • all video evidence related to 187, OIS, sex crimes, etc may be taken to RCFL for conversion, duplication and or enhancement
  • all video evidence related to all other crimes can e handled by the inv unit
  • many USB or cd/dvd created from dig video recorders require proprietary video players and or codecs to properly view the video
  • robbery can assist inv with many video forensic needs
  • all original evidence must be returned to prop room once examined by robbery or rcfl
  • if it is possible to transfer recording to USB and disc, Do NOT delete original recording
  • robbery or rcfl may be able to assist with conversion of certain media types
190
Q

Media evidence recovery and Impounding / preserving procedures

Preserving photographic media

A
  • digital cameras write the images to an SD card
  • use usb to connect to computer and copy images to cd or dvd
  • re-format the media rather than just delete the files
  • person who captured media will transfer files from camera to disc and impound original disc
  • images from only one crime scene shall be placed on the memory device at any one time
  • non-rewritable
  • confirm transferred
  • original cd to be impounded -copies for inv, CA or DA
  • do not store permanently on dept computer files

transfer media from camera to computer or external burner-refer to manual

191
Q

Media evidence recovery and Impounding / preserving procedures

video and photography equip for non-investigatory reasons /

A

-ok as long as it is related to dept business, such as an operations plan or site survey

192
Q

Media evidence recovery and Impounding / preserving procedures

-preserving audio media

A
  • person who captured is the one who downloads to disc and impounds media
  • from only 1 criminal inv on the device
  • copied onto 2 non-rewritable cd-r or dvd-r , one disc labeled original and the other copy
  • do not store on dept computer
  • working/inv copy may be sent to CA or DA
193
Q

Kidnap response procedures

Initial response

A

-patrol should respond to 207 abduction calls without delay
-determine extent of crime by debriefing family members
-if 207 is suspected-call robbery
-officers shall continue prelim inv until inv unit arrives
-officers should assist inv as needed
-Robbery unit will establish containment of incident and initiate measures to locate and recover victim
-robbery will notify other unit if necessary
Robbery:
207 for money
207 for robbery commercial
207 for robbery - atm 215
Homicide- 207 resulting in a 187
SCU-207 for sex assault v 14+
DV unit-207 w dv
CHAB-207 for sex assault v under 14
DA child stealing unit (via area command)-child stealing
Area command
-all other kidnappings

194
Q

Kidnap response procedures

Notification of FBI

A
  • 207 incidents that leave the jurisdiction of the state
  • FBI should also be notified in cases involving children under the age of 12 or involving an interstate/international nexus
  • inv responsibility may be relinquished to FBI
  • Robbery Sgt. will notify FBI
195
Q

Medical Use of Marijuana Enforcement Procedures

A
  • it is the detainee’s obligation to show an id card or to assert an affirmative defense IT IS NOT THE OFFICER’S DUTY TO INQUIRE
  • if the person does not have ID and does not assert the affirmative defense, officer should proceed with enforcement action and impound MJ as normal
  • if the person has a valid ID, then the person is NOT subject to arrest for possession of MJ or detention by SDPD longer than necessary to verify hi/her status and if the amount of mj is within legal limits
  • if it appears that the person is eligible to use the affirmative defense, the officer should return any MJ and release the person.
  • complete a detention only report, note the affirmative dfense and the MJ was returned
  • Use 11362.5 HS in code section
196
Q

Medical Use of Marijuana Enforcement Procedures

involving persons with ID cards

A

-they must be a qualified pt
-must have applied for and received a valid ID card issued by county health and human svc by MMP
-must be a primary caregiver
received a valid primary caregiver ID card by MMP

197
Q

Medical Use of Marijuana Enforcement Procedures

involving affirmative defense

A
  • if not a card holder under MMP and affirmative defense is asserted, officers should determine if the indiv is a qualified pt or primary caregiver
  • if the totality of the circumstances that the person is a pt or primary caregiver, and MJ does not exceed amount consistent with dr recommendation, officer should release and no take MJ
198
Q

Medical Use of Marijuana Enforcement Procedures

Def of qualified Patient

A
  • Cal resident
  • serious illness (not colds, flu, acne)
  • examined by dr
  • recommendation in writing or orally from dr
  • qualified pt questionnaire
199
Q

Medical Use of Marijuana Enforcement Procedures

Def of Primary caregiver

A
  • at least 18
  • designated as such by the pt
  • must be someone who has responsibility for housing, health, safety of the pt
  • the growth and supply of the MJ is NOT sufficient to establish that person is primary caregiver
  • an entity such as a cooperative or dispensary that grows supplies MJ to its members does NOT qualify as a primary caregiver
  • person making delivery to cooperative, dispensary to pt does NOT qualify as primary caregiver
  • primary caregivers may serve to more than one pt if all reside in the same city or county, if not then caregiver can only have one pt.
  • may receive compensation for expenses incurred in providing those services to pt
200
Q

Medical Use of Marijuana Enforcement Procedures

Qualified PT and Primary Caregivers MAY NOT:

A
  • possess or cultivate for other than personal med reasons
  • divert MJ to any other person or sell it
  • possess or cultivate an amount greater than is consistent with dr recomm
  • transport MH unless it is reasonably related to the pt current med needs
  • engage in behavior that would endanger others, such as DUI MJ
  • smoke MJ in car driven by another person
  • smoke MJ anywhere in public or in public view, even on private party (violation is infraction.)
201
Q

Medical Use of Marijuana Enforcement Procedures

Questionnaire to determine if qualified patient

A

-officers must us the questionnaires to assist in determining whether the person qualifies under the CUA

  • do not use the questionnaire when presented with state issued ID card
  • when dealing with a pt or caregiver asserting an affirmative defense and the person refuses to provide the info on the questionnaire
  • OR provides answers which do not substantiate their eligibility to use the affirmative defense
  • OR the officer has pc to believe the person possessed MJ for other than medical purposes, the officer should proceed with citation or arrest as appropriate.
  • if 10-16 include the questions and answers in the report
  • consider the totality of the situation…
202
Q

Medical Use of Marijuana Enforcement Procedures

uncertain if individual qualifies as pt or caregiver under CUA

A

-if uncertain call the Narc section

203
Q

Medical Use of Marijuana Enforcement Procedures

Quantity limits

A

processed MJ under SDMC

  • -person with a pt id card-may possess the amount of processed mj recommended by dr, not to exceed 1 pound.
  • -person with primary caregiver id car -may possess no more than the amount recommended for each pt for whom the caregiver is serving, not to exceed 2 pounds

processed MJ under the CUA

  • pt may posses an amount not to exceed dr recommendation
  • caregiver may posses an amount not to exceed dr recommendation for each of the pt’s

MJ plants under SDMC

  • pt= max of 24 unharvested plants growing in area not more than 64 sq ft or not to exceed dr rec whichever is less
  • caregiver = no more than dr recomm, not to exceed 90 plants

-no unsupervised outdoor mj cultivation is permitted under SDMC. only in fully enclosed yard w/ min 6’ fence or a green house that must be locked and contained

-MJ plants under CUA
-pt=not more than dr recom
cargiver= not more than dr recom for each of the pt’s

204
Q

Medical Use of Marijuana Enforcement Procedures

Determination of criminal activity

A
  • law does not protect people who possess MJ for sales, furnish or distribute mj.
  • subject to arrest
  • MUST call Narc
  • medical MJ enforcement with Fed’s
  • Task force agents will not knowingly participate in any fed op that is in conflict with PD policies concerning medicinal mj
205
Q

Elder Abuse -initial requirements / definitions

A
  • mandated reporters -failure to report is a misdemeanor
  • officers should first call A&IS AND complete a report of suspected elder abuse form (SOC 341)
  • 65 and older
  • dependent adult (18 to 64)
206
Q

Elder Abuse -procedures

A
  • patrol= initial investigation
  • crime = take 11-10
  • call aps and mail soc 341
  • notify elder abuse if SIC, severe neglect, all death (except traffic and apparently natural)
  • if vic is gravely disabled - call aps /compete soc 341
207
Q

Elder Abuse Unit

A
  • will investigate all elder abuse cases EXCEPT:
  • DV-187-211-SCU, Econ crimes-where suspect unknown
  • street 211 and res 459 (with s unknown and no indication v was being targeted because of age)= area command
  • JST will handle if suspect is a J

WILL HANDLE:

  • all misdemeanor crimes against elders where s is caregiver or relative
  • all other misd crimes will be forwarded to elder for screening prior to being routed to area stations
  • in ALL cases where an elder is V each unit will ensure a soc 341 has been completed
208
Q

Police dept intelligence system PDIS

Scope / background / focus

A
  • managed and maintained by CIU
  • Code of Fed Regs= 4 primary areas of guidance:
    1. submission and entry of Crim intel
    2. security
    3. inquiry
    4. dissemination
    5. review and purge process

-focus = compiling, storing, and disseminating criminal intel information on individuals and organizations involved with significant criminal activities

209
Q

PDIS - Procedure

A
  • CIU personnel shall train dept personnedl relating to the nature scope and capabilities of the PDIS
  • required PRIOR to dept personnel utilizing the PDIS application
  • then complete the PDIS app
  • shall only collect and maintain criminal intell about individual if there is reasonable suspicion of criminal acitivity
  • SHALL NOT COLLECT on religious, policital, or social view, unless directly relates to criminal activity
  • CIU is ultimately responsible for establishing the existence of reasonable suspicion.
  • SHALL NOT include in the PDIS infor obtained in violation of law
  • CIU can reject on PDIS entries
210
Q

PDIS- data entry

A

subject ID, sources of info, CI, reliability, content validity, location, gang, crime type, info from open source and le bulletins

211
Q

PDIS-PROHIBITED information

A
  • names or other specific identifying info of ci shall never be entered into PDIS system
  • enter their control number only
212
Q

PDIS-inquiry procedures

A
  • if person has right to know / need to know
  • any pd personnel can inquire, but only those who have authorization will be allowed access to info
  • outside agency can direct inquiry to CIU
213
Q

PDIS- Permanent file

A

ORGANIZATIONS
-any organized criminal group, organizations that threaten, acts of terrorism, unlawful acts, etc
-those that are suspected of being operated by known crime figures for use in an illegal manner,
gangs involved in any illegal activities, whose primary purpose is sustaining or financing criminal organizations

INDIVIDUALS:
-same as above and - should be identifiable by a unique characteristic (ID, etc.)
-

214
Q

PDIS - Temporary file

A

should be separately maintained and should not be made a part of the PDIS until is satisfies one of the criteria

  • subject is identifiable
  • level of involvement is questionable, but it would be beneficial to retain a record of the subject for a limited pd of time so the activity can be validated
215
Q

PDIS- Access Rights/ Dissemination/ Dissemination Level/

A

Intelligence may NEVER be released to a civilian personnel except by court order AND with the authorization of the CIU LT.

-3rd agency rule is an information sharing restriction-if dept member receives case intel from an intel source, that officer cannot disseminate the intel to a 3rd party without permission from original source
CIU will coordinate with the outside agencies to facilitate appropriate info sharing in compliance with the 3rd agency rule

216
Q

PDIS- review and purge

A

Max retention pd = 5 years unless a continuing criminal predicate exists

217
Q

CHAB-unit responsibilities

A

Inv of all child abuse and neglect cases when s is in position of trust / guardianship

inv of all felony sex assaults when v is 13 and younger at the time of the report, regardless of relationship with s

inv of all child deaths under the age of 18, except 187, traffic, suicides, or terminal illnesses

218
Q

CHAB-procedures

A
  • patrol = initial inv
  • doc on A-2- section 934000zz NOT TO BE DOCUMENTED ON STAND ALONE A-9 FORMS
  • CHAB will decide if necessary to change zz code to crime code
  • LE must cross report to CHAB hotline
219
Q

CHAB -interviewing victim/witness

A

Preliminary interviews of young children require expertise and often lack expertise by officers in the field.

if other witnesses have provided adequate infor to make an investigative decision

minimal facts interview- if no other witnesses and necessary to make investigative decision

county protocol = children under the age of 13 be forensically interviewed

DO NOT INTERVIEW SUSPECT

220
Q

CHAB - Evidence

A
  • include photo of v face and entire body for reference
  • do NOT PHOTOGRAPH NUDE OR PRIVATE BODY PARTS
  • if sex molest, exam must be conducted
  • all evidence impounded at HQ
221
Q

CHAB-removal of child -polisnky center

A
  • officers have the authority to remove a child from home and 11-48 to polisnky
  • without a warrant, officer may take children into temp custody if child welfare is in immediate danger
  • DO NOT RELEASE TO RELATIVE
  • call polinsky prior to transport
  • must complete a -2 93400zz
  • DO NOT document dependent children on JCR arrest report if they are removed from home and or placed in polinsky
222
Q

CHAB- DOES NOT RESPOND TO:

A
  • child stealing cases - DA office
  • child custody disputes
  • 207 without sex molest
  • missing or runaway j’s
  • physical or emotional abuse of pregnant juv females are handled by DV unit

AREA COMMANDS:
annoying molesting minor
contrib to delinqu of minor
kidnapping or attempts unless molest
indecent exposure
sibling vs sibling violence (unless s is disciplinary role)
incidents where child abuse is incidental to primary cause (dui with 273)

223
Q

CHAB- infant /child deaths

A

patrol and supervisors are responsible for prelim inv, scene security, and the completion of the appropriate report

224
Q

Dignitary protection

A

SDPD does NOT provide protective details for private citizens or celebrities
-CIU handles and coordinates with lead agency