BS General Orders

Question 1

Mission

Answer 1

To establish a safe and peaceful community through a partnership with the citizens and fellow employees of our city that is based upon strength and integrity.

Question 2

Integrity

Answer 2

The Balch Springs Police Department is built upon a foundation of ethical and professional conduct. We are committed to the highest level of moral principles and ethics. All members of the department will adhere to the Law Enforcement Code of Ethics which is a part of this manual.

Question 3

Honesty

Answer 3

We will be truthful and trustworthy at all times

Question 4

Fairness

Answer 4

We are committed to equal application of the law to offenders and members of the public as well as the equal application of rules and regulations to all members of the department

Question 5

Courage

Answer 5

We are dedicated to meeting all challenges with the courage needed to accomplish our mission.

Question 6

Compassion

Answer 6

We understand our role as community caretakers, and temper our application of the law with compassion and empathy.

Question 7

Policy

Answer 7

A policy is a statement of the department’s philosophy on a given issue. Policy consists of principles and values which guide the performance of department employees. Further, policy is based upon ethics, experience, the law, and the needs of the community.

Question 8

Rule

Answer 8

A rule is a specific prohibition or requirement governing the behavior of employees.
2. Rules permit little, if any, deviation. Violations of rules normally result in discipline.

Question 9

Procedure

Answer 9

1. A procedure defines the acceptable method of performing an operation or activity. It differs from policy in that it directs employees’ actions in performing specific tasks in a prescribed manner within the guidelines of policy.
2. Unlike rules, a failure to follow a procedure may result in discipline. Procedures constitute the agency-approved guide to performing tasks. Employees may depart from procedures only when, in their professional judgment, the situation warrants. Employees must be prepared to justify their actions in not following the defined procedure.

Question 10

Standard Operating Procedure (SOP)

Answer 10

contains procedures and is a written directive governing operational matters and routine daily tasks such as how to respond to alarms, how to book a prisoner, etc.
a. Because they contain many procedural statements, SOPs permit some discretion. While SOPs are the preferred method of accomplishing a task, the agency recognizes that an employee may depart from procedures if unusual circumstances warrant, and supervisors approve. Employees must justify their actions and document any departure from Standard Operating Procedure.

Question 11

Line Inspection

Answer 11

Line inspections are inspections conducted by the supervisory personnel directly responsible for the person, equipment, or facility being inspected. They are designed to examine, evaluate, and improve the performance of departmental personnel and equipment. A written report is not required for a line inspection unless it reveals a critical problem that should be brought to the attention of a higher command level.

Question 12

Readiness Inspections

Answer 12

A specific inspection conducted to evaluate both equipment and operational readiness of the department to respond to exceptional or emergency circumstances. Such inspections are regularly scheduled but may be initiated at any time at the direction of the Chief of Police or a designee. Equipment Readiness Inspections will be conducted on all department special use equipment on a quarterly basis.

Question 13

Line inspections shall, at a minimum, include an examination of each of the following items that are applicable to that particular unit and that particular type of inspection

Answer 13

Personal appearance and personal hygiene of unit personnel

b. Proper wearing of uniforms and uniform equipment
c. Appearance and maintenance of department-owned vehicles assigned to or used by that unit
d. Section compliance with departmental policies, regulations, and orders
e. Availability and currency of departmental policy and procedure manuals and other departmental publications and documents applicable to that section.Physical condition, maintenance, safety, cleanliness, adequacy, and security of the areas, furnishings, and equipment of the portions of the physical plant used by or under the control of that section.
g. Such other items as are applicable to the functions of that section.

Question 14

Affirmative Duty

Answer 14

The personal responsibility and obligation of an employee to report wrongdoing— rather than to provide such information only when requested.

Question 15

Insubordination.

Answer 15

Employees shall promptly obey all lawful orders and directions given by supervisors and communications operators. The failure or deliberate refusal of employees to obey such orders shall be deemed insubordination and is prohibited. Flouting the authority of a supervisor by displaying obvious disrespect or by disputing their orders shall likewise be deemed insubordination.

Question 16

Bias

Answer 16

Prejudice or partiality which may be based on preconceived ideas, a person’s upbringing, culture, experience, or education

Question 17

Race

Answer 17

A category of people of a particular decent, including Caucasian, African, Hispanic, Asian, or Native American descent. As distinct from ethnicity, race only refers to physical characteristics sufficiently distinctive to group people under a classification.

Question 18

Reasonable suspicion

Answer 18

Articulate, objective facts which lead an experienced officer to suspect that a person has committed, is committing, or may be about to commit a crime. A well-founded suspicion is based on the totality of the circumstances and does not exist unless it can be articulated. Reasonable suspicion supports a stop of a person. Courts require that stops based on reasonable suspicion be “objectively reasonable.”

Question 19

Racial profiling

Answer 19

Officers shall complete a Racial Profiling form on all motor vehicle stops where a ticket, citation, or warning is issued and to arrests made as a result of a motor vehicle stop pursuant to state law.

Question 20

Sexual harassment

Answer 20

The Civil Rights Act of 1964 prohibits discrimination based on color, race, religion, age, national origin, and sex. Sexual harassment is a form of sex discrimination, defined as unwelcome sexual advances, requests for favors, and other verbal or physical conduct that enters into employment decisions, or conduct that unreasonably interferes with an employee’s work performance or which creates an intimidating, hostile, or offensive working environment. Two kinds of sexual harassment apply; quid pro quo harassment and hostile work environment harassment, defined below. The two forms of harassment may overlap.

Question 21

Quid pro quo harassment

Answer 21

an employee is being pressured to engage in sexual conduct or else lose a tangible job benefit. (Quid pro quo means “something for something.

• When an employee reports an allegation of sexual harassment, a confidential internal investigation shall begin immediately.
• The department will provide ongoing training, at least every two years, on sexual and other unlawful harassment, reporting, and investigation procedures.

Question 22

Employee Responsibilities - sexual harassment

Answer 22

An employee who believes he or she has been sexually harassed should first tell the offender to cease the inappropriate behavior, although circumstances may not always allow the complainant to make this request. If the conduct does not stop, or if the complainant is unable to confront the offender, the complainant shall contact his or her own immediate supervisor. The employee or supervisor shallimmediately submit a memorandum to the Chief of Police through the chain of command detailing circumstances. Employees may also report incidents of harassment directly to the Chief of Police, City Manager, City Secretary, or Professional Standards. If a supervisor learns of an incident of harassment, he or she shall report the matter to the Chief of Police even if the victim did not submit a complaint

Question 23

TRAINING - SEXUAL HARASSMENT

Answer 23

The department will provide ongoing training, at least every two years, on sexual and other unlawful harassment, reporting, and investigation procedures.

Question 24

Receipt of complaints

Answer 24

The department encourages any person to bring forward grievances regarding misconduct by employees. Department members shall receive all complaints courteously and shall handle them efficiently. All officers are obligated to explain complaint procedures to anyone who inquires.

Question 25

Responsibilities of supervisors

Answer 25

First-line supervisors are primarily responsible for enforcing conformance with departmental directives and orders.

2. First-line supervisors shall know the officers in their charge by closely observing their conduct and appearance.
3. First-line supervisors shall be alert to behavioral changes or problems in their subordinates and, if necessary, document these changes and confer with higher authorities. The first-line supervisor shall assess the behavior, and take or recommend appropriate action.
4. The supervisor shall recommend and, if appropriate, help conduct extra training for officers not performing according to established standards.
5. The first-line supervisor shall employ counseling techniques sanctioned by the department. Counseling is used to adjust and correct minor, infrequent errors or instances of poor performance and to ascertain the nature of any professional or personal problems that bear on performance. Supervisors shall document all instances of counseling and maintain the documentation.

Question 26

Complaint-handling procedures

Answer 26

All complaints, regardless of nature, can be filed in person, by mail, or by phone at any time. As part of the follow-up investigation, persons making complaints by mail or phone normally shall be interviewed and a written, signed complaint prepared. A signed letter of complaint will be accepted as a signed complaint without requiring any specific form. Anonymous complaints shall be followed up to the extent possible. In case of an anonymous complaint, the officer or other person who receives the anonymous complaint shall reduce the complaint to writing in a memorandum with as much information as possible and forward the report to the Chief of Police or his designee.

Question 27

COMPLAINTS

Answer 27

All investigations will be completed within 180 days to include the taking of disciplinary action when necessary. If additional time is necessary to conclude the investigation, a request for extension will be presented to the Chief of Police or his designee in writing providing justification for the extension. If approved by the Chief of Police or his designee a specific number of days will be approved and a copy will be provided to the involved officer and the original placed in the case file. (TBP: 2.05)

Question 28

Training - driving

Answer 28

The department will provide on-going training to all employees on accident and injury prevention. The Annual Analysis of Accidents and Injuries described in Section E of this order shall be reviewed to identify the training needs of the department.

2. All sworn officers shall complete an Emergency Driving Course at least every three years where their job assignment requires emergency response.
3. All members of the department who drive city vehicles will complete a defensive driving course within six months of hire.

Question 29

Accident Review Board Authority and Responsibilities

Answer 29

This agency’s Accident Review Board (ARB) shall be responsible for conducting administrative reviews and/or hearings regarding agency motor vehicle crashes and on-duty personal injuries (as defined) of agency personnel.
The ARB is responsible for reviewing all aspects of these incidents and identifying causative and/or contributory factors, where possible. The ARB shall serve in an advisory capacity only, using this agency’s chain of command to present findings and make recommendations to the Chief of Police. The ARB may draw conclusions concerning whether the accident or injury was preventable but may not recommend discipline or other personnel action.

Question 30

Board Composition - ARB

Answer 30

The ARB shall consist of at least three but not more than five voting members as determined and selected by the Chief of Police or his designee. Three voting members are required to establish a quorum.

2. The board shall be chaired by a sergeant or higher ranking officer that is not in the chain of command of the involved employee. The Chairperson shall be responsible for establishing board operating procedures, where not otherwise specified in this policy, subject to the approval of the Chief of Police. The Chairperson shall ensure that all personnel under review are provided with current operating procedures of the ARB.
3. The ARB Chairperson may appoint a nonvoting board coordinator, on a permanent or temporary basis, for the purpose of processing departmental motor vehicle crash and injury reports, scheduling cases for review or hearing, and processing disposition reports among other tasks.

Question 31

Off-Duty Employment:

Answer 31

Any work performed or services provided for compensation (a fee or otherwise), including self-employment. Volunteer charity work is excluded unless it involves law enforcement duties.

Question 32

Law enforcement-related employment

Answer 32

Off-duty employment which may entail the use of law-enforcement powers granted by the State of Texas or the City of Balch Springs.

Question 33

Secondary employment

Answer 33

Any non-law enforcement-related off-duty work for pay. Secondary employment does not require sworn enforcement powers as a condition of employment and the work does not provide implied law-enforcement service.

Question 34

Law enforcement-related off-duty employment restrictions:

Answer 34

Law enforcement-related employment shall not exceed 16 hours per day (24-hour period), including on-duty time: e.g., an employee working a 12-hour shift may work four hours of off-duty employment on the same day and an officer on a day off may work 16 hours. For the purpose of computing allowable work time, court appearances constitute on-duty time. Officers shall not work any off-duty employment within 24 hours of the end of their tour of duty in which they called in sick.
2. All Law enforcement-related employment is reviewed and approved by the Chief of Police or designee. Probationary employees maybe approved to work off-duty employment inside the city, but not while in field training.

Question 35

Upon starting the off-duty job, all employees must contact police communications and provide the following:

Answer 35

a. Officer’s name.
b. Badge number.
c. Location where they will be working.
d. Times they will be working.
e. A telephone where they can be reached.
4. Upon completion of your off-duty job, you must contact police communications to let them know you have finished.

Question 36

Examples of Community Outreach Programs that are endorsed by this agency include, but are not limited to

Answer 36

a. Community forums
b. “Coffee with the Chief” meetings at local venues / restaurants
c. Social media outlets
d. Officers eating lunch at area schools with students
e. Community surveys
f. Mentorship programs (Police Explorers)
g. Santa COP
h. Citizens Police Academy

Question 37

Deadly force

Answer 37

Deadly Force: Any use of force that creates a substantial risk of causing death or serious bodily injury

Question 38

Non-deadly force:

Answer 38

Non-deadly Force: Any use of force other than that which is considered deadly force. This includes any physical effort used to control or restrain another, or to overcome the resistance of another.

Question 39

Objectively Reasonable

Answer 39

Objectively Reasonable: This term means that, in determining the necessity for force and the appropriate level of force, officers shall evaluate each situation in light of the known circumstances, including, but not limited to, the seriousness of the crime, the level of threat or resistance presented by the subject, and the danger to themselves and the community.

Question 40

Use of Non-deadly Force

Answer 40

Where deadly force is not authorized, officers may use only that level of force that is objectively reasonable and necessary to bring an incident under control. (TBP: 6.01)

2. Force may be used by a police officer in the performance of his duties to achieve a lawful objective as set forth in Chapter 9 of the Texas Penal Code.
3. Acknowledged levels of resistance:
   a. Psychological intimidation – such as subject body stance (boxing, karate, etc.)
   b. Verbal non-compliance - abusive language, cursing, verbal refusal to comply with officer’s direction.
   c. Passive resistance - sit in demonstration, hands tucked underneath the body.
   d. Defensive action - turning, jerking, or twisting away.
   e. Active aggression - hitting, kicking, biting, etc.
   f. Aggravated active aggression - aggressive resistance with a weapon, and/or uses techniques or objects which could result in death or serious bodily injury to the confronting officer

Question 41

Use of Deadly Force

Answer 41

Law enforcement officers are authorized to use deadly force when one or both of the following apply:
To protect the officer or others from what is reasonably believed to be a threat of death or serious bodily injury

Question 42

TRAINING - use of force

Answer 42

All officers shall receive training in the use of their firearms, all non-lethal weapons, authorized by the department, hands-on arrest and defensive tactics, as well as the Use of Force policy prior to performing any law enforcement duties.
B. All officers shall be trained and qualified with their firearms at least annually. (TBP: 3.01, 3.02) (see directive 6.02-2)
C. All officers shall receive training in the department’s Use of Force policy at least annually. (TBP: 3.02) (see directive 6.02-2)
D. All officers shall receive hands-on arrest and defensive tactics training at least every two years. (TBP: 3.06) (see directive 3.01-2)
E. Officers shall receive training in all non-lethal weapons issued or used by the department and demonstrate proficiency with those weapons at least every two years. (TBP: 3.04) (see directive 6.03-2)
F. All Use of Force training shall, at a minimum, comply with the standards established by TCOLE.

Question 43

Review of use of force

Answer 43

The officer’s supervisor and the division commander shall review all reported uses of force to determine whether:

a. Departmental orders were violated.
b. Relevant departmental policy was clearly understandable and effective to cover the situation.
c. Departmental training was adequate.
d. Departmental equipment operated properly.

Question 44

Firearms

Answer 44

Sworn police officers who have the authority to make arrests and maintain the peace, are authorized to carry and use firearms as necessary in the performance of their duty, subject to the restrictions and guidelines of this order, the department’s use of force policy, and state and federal law.

Question 45

Handguns

Answer 45

Glock

ii. Beretta
iii. Smith and Wesson
iv. Sig Sauer
v. Springfield
b. Calibers of handguns:
i. .357 sig
ii. .40
iii. .45 ACP
iv. 9mm

Question 46

Shotguns

Answer 46

The department shotgun is a Remington model 870 chamber in 12 gauge.

Shotguns are assigned to the patrol division and are checked out each shift. All officers are required to complete the department 16-hour basic shotgun training prior to carrying the shotgun. After completion of training, officers are required to carry a shotgun while assigned to patrol duties.
1. All shotguns shall be carried with one less than capacity in the magazine of approved .00 buck shot ammunition, chamber empty, trigger released, and safety on.

Question 47

Patrol Rifles (Ar-15 / M-16 style) caliber in .223

Answer 47

Bushmaster

ii. Colt
iii. Rock River
iv. DPMS
v. Smith and Wesson
vi. Sig Sauer
vii. Remington
viii. JP – enterprise
ix. Bear Creek Arsenal
x. Modern Outfitters

Question 48

Departmental Ammunition

Answer 48

Handguns – The department issues Speer Gold Dot handgun ammunition at the yearly qualification. This is the only approved ammunition for handguns. Officers are responsible for the purchase of ammunition for their off-duty or secondary weapon and must be the same as department issue.

2. Shotguns – The Department issues Federal “Flight control” buckshot ammunition and Federal 1 oz slugs at the yearly qualification. This is the only approved ammunition for shotguns.
3. Rifles – The department issues Federal “Tactical Rifle Urban” (TRU) .55 grain hollow points in .223 Remington. This is the only approved ammunition for rifles.

Question 49

Range Master

Answer 49

shall maintain a record of all firearms which have been certified as safe and with which officers have qualified. This record shall include the following:

a. Officer’s name and identification number.
b. Make and model of weapon.
c. Serial number of weapon.
3. The Range Master shall be a firearms instructor certified by the Texas Commission on Law Enforcement.

Question 50

Modification of weapons

Answer 50

Departmental weapons shall not be modified or altered without written approval of the Chief of Police except as outlined.

Question 51

Firearms inspections

Answer 51

Annually, either the Range Master or designated armorer shall thoroughly inspect each weapon during qualification on the range. Documentation of this inspection will be maintained by the department Range Master. (TBP: 3.03)
2. Supervisors shall also inspect subordinate officers’ firearms monthly to ensure that they are maintained in a clean and serviceable condition.

Question 52

Qualification rules

Answer 52

All Sworn Officers shall qualify with any firearm they carry on or off duty at least annually or when they change weapons. (

Question 53

Qualification scores / percentage

Answer 53

Officer shall score a percentage listed below to have successfully qualified with a firearm:

1. Handgun – 80% or higher
2. Shotgun – 80% or higher
3. Rifle – 90% or higher

Question 54

Firearms and Use of Force Instruction

Answer 54

All department personnel shall, if duties require carrying firearms, receive familiarization instruction on their firearms before range qualification.

At least annually, personnel shall, if duties require carrying of a firearm, receive training in the mechanics of the weapon (stripping, lubricating, nomenclature, troubleshooting, and misfires), sound safety practices, and departmental use of force policy. (TBP: 3.01)
3. Use of force and use of deadly force training will be conducted at least annually in conjunction with firearms use and firearms qualification.

Question 55

Less Lethal Weapons

Answer 55

Approved Weapons

1. Less lethal weapons currently approved by the department include:
   a. Baton (ASP or straight style)
   b. Pepper Spray
   c. Electronic Control Device (TASER)

Question 56

Required instruction and qualification - less lethal

Answer 56

Officers will receive training and demonstrate proficiency (qualify) at least every two years on all departmental less lethal weapons systems.

Question 57

BATON

Answer 57

The department authorizes the carrying and use of the baton as the only striking weapon for officers. All other forms of striking or punching weapons are prohibited, including but not limited to saps, blackjacks, slapjacks, nunchaku and similar sticks, and brass knuckles. Flashlights carried by officers are not to be used as striking instruments, except as a last resort to protect the officer or others from injury.

Question 58

OC PEPPER SPRAY

Answer 58

OC spray is considered a use of force and shall be employed in a manner consistent with this agency’s use-of-force policy.

2. OC may be used when:
   a. Verbal dialogue has failed to bring about the subject’s compliance, and
   b. The subject is actively resisting or has signaled his intention to actively resist the officer’s efforts to make the arrest.
3. Whenever practical and reasonable, officers should issue a verbal warning prior to using OC against a subject.

Question 59

ELECTRONIC CONTROL DEVICE (TASER)

Answer 59

A TASER is used to electrically disrupt muscular control and allow officers to quickly subdue a resisting subject without having to resort to the use of deadly force. The TASER is considered a less lethal weapon.

2. There are precautions that must be observed as in the use of any weapon and it is our responsibility to monitor subjects who have been controlled with the TASER for any medical problems.
3. The use of the TASER affords officers the opportunity of controlling individuals who are actively resisting without endangering themselves, the suspect, or the public.
4. It shall be the responsibility of supervisors to ensure proper supervision, managerial controls, and compliance with this order.

Question 60

Authorized Use of the TASER

Answer 60

The TASER may be utilized in situations when necessary to subdue a noncompliant subject when lesser means of control have not been successful and the suspect is actively resisting officers.
2. Officers may utilize the TASER when a subject is displaying passive resistance and the officer can articulate the need for the level of force.
Officers, if practical, should first warn the subject that a TASER will be used if compliance is not met.

Question 61

TASER Deployment

Answer 61

Prior to deploying the TASER, whenever reasonable and practical, verbal warnings shall be issued to the subject, to allow the subject the opportunity to comply with the officer’s commands.

2. Prior to deploying the TASER, the deploying officer shall announce “TASER.TASER.” to alert others of the impending use of the weapon.
3. Support officers should position themselves to take control of the subject as quickly as possible when the cycle has ended. This will reduce the number of cycles needed to restrain the subject.
4. The officer activating the TASER should give clear commands (ex. “put your hands behind you back”) while the subject is under the power of the TASER. Support officers should not give commands. This will eliminate contradicting commands and confusion.

Question 62

Probable Cause

Answer 62

Probable cause exists where the facts and circumstances within their [the arresting officers’] knowledge and of which they had reasonable trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed.”
An officer must have probable cause to make an arrest or conduct a search.
2. When an officer has sufficient probable cause, he or she may arrest a person, conduct a search of the person, record the suspect’s fingerprints, take the person’s photograph, and detain him. The aim of an arrest on probable cause is to make a formal charge. While in some cases, formal charges may not be filed for any number of reasons, officers should only make a custodial arrest if a formal charge is anticipated.

Question 63

Reasonable Suspicion

Answer 63

Reasonable suspicion involves a standard less than probable cause, generally defined by the courts as a circumstance or collection of circumstances that would lead a trained, experienced officer to believe that criminal activity may be afoot.
An officer must have reasonable suspicion to temporarily detain a person.
2. When an officer has reasonable suspicion, he or she may conduct a pat-down of a suspect’s outer clothing for weapons and record the circumstances of the encounter. The aim of a detention based on reasonable suspicion is to resolve an ambiguous situation and determine if criminal activity is occurring.

Question 64

Alternatives to arrest/pre-arraignment confinement

Answer 64

Officers are required to arrest suspects for all felony offenses and those major misdemeanor offenses where a victim was injured, property was stolen or damaged, or the public or an individual was placed at risk of great harm.

Question 65

Miranda warnings

Answer 65

are required and shall be administered prior to any “custodial interrogation.” (directive 7.40-2) Officers are expected to understand the requirements of Code of Criminal Procedure 38.22 before taking any statements from suspects.

1. The following represent examples of situations that are not “custodial” and do not require Miranda warnings.
   a. Investigatory stop and frisk.
   b. Questioning during a routine traffic stop or for a minor violation; to include driving while intoxicated (DWI) stops until a custodial interrogation begins. During routine questioning at the scene of an incident or crime when the questions are not intended to elicit incriminating responses.
   c. During voluntary appearances at the police facility.When information or statements are made spontaneously, voluntarily and without prompting by police. (Note: Follow-up questions that exceed simple requests for clarification of initial statements may require Miranda warnings.)

Question 66

Administering Miranda.

Answer 66

Miranda warnings shall be read by officers from the approved Balch Springs Police Department card containing this information to all persons subjected to custodial interrogation.

Question 67

Field Interviews and Detentions

Answer 67

there are only three types of encounters between police and civilians: (1) a consensual encounter in which the civilians voluntarily elect to stay and interact with the officer, (2) a detention based upon reasonable suspicion, which may include a frisk for weapons if the officer can state the facts and circumstances that justify the officer’s fear for their safety, and, (3) an arrest based upon probable cause

Question 68

Field interview (consensual encounter)

Answer 68

A brief interview of a person to determine the person’s identity and to gather information or to resolve the officer’s suspicions about possible criminal activity or to determine if the person has information about a criminal offense.

1. Field interviews require voluntary cooperation of the subject.
2. A field interview contrasts with a detention or stop, both of which are based on reasonable suspicion of criminal behavior.

Question 69

Frisk:

Answer 69

A “pat-down” search of outer garments for weapons

Question 70

Reasonable suspicion

Answer 70

Articulable facts that, within the totality of the circumstances, lead an officer to reasonably suspect that criminal activity has been, is being, or is about to be committed. The reasonableness of an officer’s actions will be determined by reviewing the totality of circumstances known to the officer at the time he or she takes the action.

Question 71

Stop:

Answer 71

An investigative detention

Question 72

Detention

Answer 72

Requiring an individual to remain with the officer for a brief period of time for the purpose of investigating the actions of the individual. In order to make the stop, the officer must have reasonable suspicion to believe that criminal activity is afoot and that the person to be detained or stopped is involved.

Question 73

The following characteristics may give rise to reasonable suspicion for a stop

Answer 73

Officer has knowledge that the person has a criminal record.
2. A person fits the description of a wanted person.
3. A person has exhibited furtive conduct, such as fleeing from the presence of an officer or attempting to conceal an object from the officer’s view.
4. The appearance, behavior, or actions of the suspect suggest that he/she is committing a crime.
5. The time of day or night is inappropriate for the suspect’s presence in a particular area.
The officer observes a vehicle that is similar to that of a broadcast description for a known offense.
7. A person exhibits unusual behavior, such as staggering or appearing to be in need of medical attention.
8. The suspect is in a place proximate in time and location to an alleged crime.
9. The suspect is carrying an unusual object, or his/her clothing bulges in a manner consistent with concealing a weapon.
10. Flight from the officer may be considered as a fact or circumstance, but mere flight will be insufficient basis for reasonable suspicion.

Question 74

Making the field interview or stop

Answer 74

An officer may conduct a field interview at any time if an individual is willing to speak with the officer. A field interview requires voluntary cooperation from the subject. If the officer has no probable cause to arrest or a reasonable suspicion that justifies an actual investigative detention or stop, the individual may discontinue the interview at any time and leave. The person may also refuse to produce identification or otherwise identify himself/herself. The individual does not have to answer any questions or provide any information.

2. An officer must be able to articulate the circumstances that warranted the interview of the subject. Should a field interview result in an arrest, in court an officer must justify his/her intrusion by describing “specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.” Articulable facts and circumstances derive from:
   a. Firsthand observations.
   b. Information from informants or members of the community.
   c. “Collective knowledge” or information shared by several officers.
   d. Reasonable inferences made by the officer from information known to the officer.

Question 75

INVESTIGATIVE DETENTION OR STOP

Answer 75

Investigative detentions may involve two distinct acts. The first is the actual detention or stop and it is based on reasonable suspicion. A second component may be a frisk of the detainee for weapons. The frisk must be justified by the officer’s reasonable fear for his/her safety during the detention. The safety concern must arise from the conduct of the detained person, not from safety concerns in general. For example, a frisk could not be justified solely on the claim that “all drug dealers are dangerous.” Not every detention will result in a frisk. Examples of safety factors justifying a frisk may include but are not limited to the following:

1. The type of crime suspected, particularly those involving weapons.
2. When the officer must confront multiple suspects.
3. The time of day and location of the stop.
4. Prior knowledge of the suspect’s propensity for violence.
5. Any indication that the suspect is armed.
6. Age and sex of the suspect. Officers shall exercise caution with very young or very old people or persons of the opposite sex.

Question 76

Manner of conducting a frisk

Answer 76

Ideally, two or more officers will conduct the frisk, one to search and the other to provide protective cover.
2. When frisking, officers shall search only the external clothing for objects that reasonably could be weapons and remove them. Retrieval of the weapon may give probable cause to arrest. If so, officers may then conduct a complete custodial search of the suspect incident to arrest.

Question 77

Protective search

Answer 77

Under some conditions, the protective search or the search for weapons may be extended beyond the person detained. This search occurs most often involving vehicles. A lawful, protective search for weapons, which extends to an area beyond the person in the absence of probable cause to arrest, must have all of the following elements present:

a. A lawful detention as defined herein or a lawful vehicle stop.
b. A reasonable belief that the suspect poses a danger.
c. A frisk of the subject must occur first.
d. The search must be limited to those areas in which a weapon may be placed or hidden.
e. The search must be limited to an area that would ensure that there are no weapons within the subject’s immediate grasp.
f. If the suspect has been arrested and restrained or removed from immediate access to the vehicle, a search of the vehicle cannot be made for protective reasons. A search may be made of the vehicle if other exceptions to a search warrant exist.

Question 78

Period of detention

Answer 78

Investigative detention, as with field interviews, must be conducted as quickly as possible. Once the detaining officer determines that the basis for reasonable suspicion no longer exists, the person detained shall be immediately released. Should the suspicion be reinforced with additional information or the officer develops probable cause, the period of detention could be lengthened. The courts generally permit up to 20 minutes to constitute a reasonable period of time for the interview.

Question 79

Arrests

Answer 79

An arrest is a seizure of a person. An arrest is supported by probable cause.

Except as authorized by the Texas Code of Criminal Procedure, Chapter 14, or Section 18.16, an officer shall not arrest anyone without an arrest warrant.

Question 80

Officers may enter a third party’s residence:

Answer 80

with consent to search from the resident or person having control of the property, or

b. With a search warrant for that residence in order to enter and make the arrest, or
c. While in fresh pursuit of the wanted person

Question 81

ARREST WITHOUT A WARRANT

Answer 81

Officers may arrest persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony or breach of the peace, or threaten, or are about to commit some offense against the laws.

b. If an officer has probable cause to believe that a person has committed an assault resulting in bodily injury to another and believes that there is danger of further bodily injury to that person, the officer may arrest the violator. If an officer has probable cause to believe that the person has committed an offense involving family violence, the officer may arrest the violator.
c. If a person prevents or interferes with an individual’s ability to place an emergency telephone call related to family violence, an officer may arrest the violator.
d. Officers shall arrest a person in violation of a valid protective order when committed in the officer’s presence. Officers may arrest an offender for any offense committed within the officer’s presence or view, including traffic violations.
e. Officers may arrest at the direction of a Magistrate, when a felony or breach of the peace has been committed.
f. Where it is shown by satisfactory proof to a peace officer, upon the representation of a credible person, that a felony has been committed, and that the offender is about to escape, so that there is not time to procure a warrant, said officer may, without warrant, pursue and arrest the accused.
g. Officers may arrest a person who confesses to a felony crime.

Question 82

Juvenile Arrest

Answer 82

Offense report completed

e. Juveniles are released within six (6) hours of being detained
i. Juveniles can be released to their parent or guardian or
ii. Transported to Letot for Class C Misdemeanors, or
iii. Transported to Dallas County Juvenile Detention Center for Class B Misdemeanors or greater.
f. Supervisor will approve the offense report and determine the manner of the juvenile’s release.

Question 83

SEARCH INCIDENT TO ARREST

Answer 83

The general rule is that a reasonable search may follow a valid arrest. The officer has the authority to make a search which may extend to articles carried by the suspect and to the suspect’s immediate surroundings. The purpose of this search is to remove any weapons from the arrested person which could be used against the officer while in custody, to remove any items that might facilitate an escape, and to prevent the destruction of any evidence by the arrested person.
B. A search incident to an arrest must occur in such a way that it and the arrest are part of a continuous, uninterrupted transaction. Two conditions are necessary for this to occur:
1. The search must be made as soon as practical after the arrest.
2. The search must be made at or near the place of the arrest

Question 84

officer making a search incident to an arrest may search only

Answer 84

The entirety of the person being arrested.
2. The area within the immediate control of the person being arrested into which the suspect might reach for a weapon or for evidence.

Question 85

Vehicles may be searched contemporaneous with the arrest of the occupant or driver only if:

Answer 85

The arrested vehicle occupant is unsecured and within arm’s reach of the passenger compartment at the time of the search, or

2. The officer has a reasonable belief that evidence related to the crime of the arrest is located within the passenger compartment.
3. Once an occupant has been secured and is unable to effectively reach the passenger compartment, the authority to search the vehicle for safety reasons is removed. Officers may conduct a search of a vehicle passenger compartment in such circumstances if other warrantless search exceptions apply or by obtaining a search warrant.

Question 86

Body-cavity searches

Answer 86

Body-cavity searches other than the mouth shall be conducted only when there is probable cause to believe a particular prisoner may be concealing contraband within a body cavity or otherwise on the suspect’s person. Body-cavity searches shall only be conducted under the express direction of the Chief of police or his designee.

Question 87

Consent Searches

Answer 87

A search warrant is not necessary where a person who has authority or control over the thing or place searched consents to the search. Note that the officer doesn’t have to have reasonable suspicion nor probable cause to request a consent search: he or she may merely ask for permission from someone with control over the item or premises. If that person grants permission, the search may take place. The sole justification for a consent search is the existence of knowing, intelligent, and voluntary consent

Question 88

Emergency searches

Answer 88

A search warrant is not necessary in an emergency. An emergency is sometimes termed “exigent circumstances.”
2. Police Officers may make a warrantless search of any person or anything, whether personal belongings, vehicles, or buildings, anytime they have a probable cause to believe it is necessary to save a life, prevent injury, or prevent the destruction of evidence

Question 89

Plain view

Answer 89

A plain-view seizure is, technically, not a search. To make a plain-view seizure of property (contraband, fruits, or instrumentalities of the crime), two requirements must be met:
From a lawful vantage point, the officer must observe contraband left in open view; and
2. It must be immediately apparent to the officer that the items he or she observes may be evidence of a crime, contraband, or otherwise subject to seizure.

Question 90

Plain feel

Answer 90

During a lawful frisk (stemming from a lawful stop), if an officer detects an object that is or might reasonably be an item that is contraband or other criminal evidence, then the object may be seized. Threatening items such as weapons may always be removed during frisks. Non-threatening items may be removed only if their contraband or evidentiary nature is immediately apparent.

Question 91

VEHICLES

Answer 91

officers shall search vehicles under the authority of a warrant whenever sufficient time exists to obtain one. Nevertheless, warrantless searches of vehicles may take place under a number of conditions and circumstances. It is imperative that officers understand the different types of vehicle searches and their limitations.

Question 92

Containers within the vehicle

Answer 92

As a rule, no container within a vehicle shall be searched unless it might contain the item(s) sought.

Question 93

Vehicle Inventory Search

Answer 93

While not a search for evidence or contraband, a vehicle inventory may be conducted if the vehicle is to be impounded.

Question 94

Search Warrant:

Answer 94

A written order, issued by a magistrate, and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and deliver to the magistrate any of the film exposed pursuant to the order.

Question 95

Protective Sweep

Answer 95

Quick and limited search of premises incident to an arrest or service of a warrant performed in order to identify weapons or other dangers to officers or others. Officers must be able to articulate a reasonable basis for conducting a protective sweep.

Question 96

Curtilage

Answer 96

Curtilage usually refers to the yard, garden, or piece of ground which adjoins a private residence. While the term has no absolute definition that applies under all circumstances, the curtilage of a private residence, for instance, is determined by whether the area is enclosed; the nature and use of the area; the proximity of the area to the home; and any measures taken by the owner to protect the area from observation.

Question 97

search warrant - state law

Answer 97

Search warrants may be issued for the search of or for specified places, things or persons, and seizure there from of the following things as specified in the warrant:

a. Weapons or other objects used in the commission of a crime.
b. Articles or things the sale or possession of which is unlawful.
c. Stolen property or the fruits of any crime.
d. Any object, thing, or person including documents, books, records, paper, or body fluids constituting evidence of a crime.

Question 98

Obtaining a search warrant

Answer 98

Prior to obtaining a search warrant, officers should consult the Investigation’s supervisor for review of the probable cause and approval to seek a search warrant. This review may be conducted by telephone if necessary. If the supervisor approves the warrant application, the supervisor shall notify the Chief of Police or his designee and information of the circumstances surrounding the offense and the need for the warrant.
B. The approving supervisor will be in charge of the warrant execution. While the lead investigator or officer may develop the case information, construct the affidavit, obtain the warrant and seek assistance from the warrant team if needed, the approving supervisor is responsible for the proper and safe execution of the warrant including compliance with this policy.

Question 99

Reliability of facts is established by officer for search warrant

Answer 99

a. Personal observation or knowledge by an officer.
b. Eyewitnesses who have first-hand knowledge.
c. Sources (if proven reliable or corroborated by personal observation of an officer).

Question 100

Affidavits

Answer 100

A detailed description of the place, thing, or person to be searched.

b. A description of the things or persons to be searched for.
c. A substantial allegation of the offense in An allegation that the object, thing, or person to be searched constitutes evidence of the commission of the offense.
e. Material facts which would show that there is probable cause for issuing the search warrant.
f. Facts that establish probable cause and that the item to be seized is at the location to be searched relation to which the search is to be made.

Question 101

Handcuffs

Answer 101

In most circumstances safety concerns mandate that arrested subjects should be handcuffed. Officers must be able to justify exceptions without unduly risking safety. Some possible exceptions are:

a. Children under 10 years of age;
b. Pregnant females;
c. Handicapped or disabled suspects; or
d. Elderly suspects.
2. Normally, officers shall handcuff a subject with the hands in back, but he may choose to handcuff hands in front due to the suspect’s handicap or disability. If handcuffed in the front, officers should attempt to secure the handcuffs to the body by use of a transport belt if possible.

Question 102

Transport Belt

Answer 102

The transport belt allows the officer to handcuff the prisoner in front, yet restricts the movement of the prisoner’s arms and hands. The transport belt will be used when the officer deems it appropriate.

Question 103

Ankle Shackles

Answer 103

Ankle shackles will be used by officers when transporting any prisoner they have reason to believe might be an escape risk or when circumstances deem it appropriate

Question 104

Plastic Handcuffs

Answer 104

Plastic handcuffs will be used when officers take several prisoners into custody, or when a prisoner requires multiple restraints. Officers must understand that, once applied, plastic handcuffs can only be removed with a knife, scissors, or other cutting instrument.

Question 105

Hobble Technique

Answer 105

The hobble technique refers to the use of a hobble device to secure a prisoner’s feet while in transport in a police car. It involves looping a rope around the ankle cuffs and then extending the other end of the device onto the door jam and then shutting the door, thus holding the prisoner’s feet in place.
2. The hobble device should only be applied when the officer feels that the prisoner poses an imminent threat of physical harm to himself or another with the use of his feet or legs, or when the prisoner attempts to damage the inside of the patrol car during transport. A prisoner that requires the hobble device requires a two officer transport so that one officer can monitor the status of the prisoner while in transport, e.g. prevent prisoner head strikes against window etc.

Question 106

Restraint prohibitions

Answer 106

1. Officers shall not place subjects in a prone position with the hands and ankles bound from behind with handcuffs, belts, or other devices.
2. As soon as any suspect who is lying on his or her stomach has been handcuffed, officers shall roll the suspect onto his or her side, or place the suspect in a sitting position. Suspects shall never be transported in a prone, face down position.
   Intoxication, recent use of drugs or alcohol, the presence of a head injury, obesity, physical disability, and recent exertion are all circumstances that can increase difficulty breathing when restrained. All suspects will be monitored during custody and transport for indications of medical problems and medical treatment obtained if required. (TBP 10.01f)

Question 107

Child

Answer 107

A person who is ten years of age or older and less than seventeen years of age; or
2. Seventeen years of age or older and under 18 years of age who is alleged or found to have engaged in delinquent conduct or conduct in need of supervision as a result of acts committed before becoming 17 years of age.

Question 108

Delinquent Conduct

Answer 108

Conduct, other than a traffic offense (except DWI) that violates the penal laws of this state or the United States punishable by imprisonment or confinement in jail.

Question 109

Status Offender:

Answer 109

A juvenile who is charged with an offense that would not be a crime if committed by an adult.

Question 110

Authority for Taking a Child into Custody

Answer 110

Pursuant to an order of the Juvenile Court;

b. Pursuant to the laws of arrest;
c. For conduct which violates a penal law of this state or a municipal ordinance;
d. For Delinquent Conduct or Conduct Indicating a Need for Supervision, including truancy and runaway;
e. Pursuant to a Directive to Apprehend.

Question 111

In making the decision to handle the juvenile either informally with a warning or formally by referral to the Juvenile Court, the officer shall consider the following:

Answer 111

Seriousness of offenses.
Prior record of child.
c. Child’s age.
d. Cooperation and attitude of all parties (child, parent, victim) and the possibility of the offense being repeated.
e. Degree of wrongful intent, violence, premeditation, knowledge of violation.
Officers may elect to transport the juvenile home, make personal or telephone contact with the juvenile’s parents or guardians to provide them with information and counseling on their child’s actions, or take the juvenile into custody and transport the juvenile to the Juvenile Processing Office until the juvenile is released to a parent or guardian

Question 112

Taking a Truant into Custody

Answer 112

When custody occurs because a juvenile is a reported truant by school officials, the juvenile shall be taken into custody and delivered to the appropriate school personnel and released.
2. The officer shall complete an incident report which includes the name of the person notifying the parent of the truancy and the name of the person to whom the juvenile was released.

Question 113

Emergency Treatment For Juveniles

Answer 113

In the absence of the responsible parent or guardian, police officers are expected to immediately take custody of any juvenile found to be in need of emergency medical care and to see that the juvenile is taken to an emergency hospital for treatment.

Question 114

Written Confessions/Statements:

Answer 114

Officers will follow the procedure outlined below while taking written confessions from juveniles in custody:
a. Written confessions are taken in compliance with the Texas Family Code.
b. A magistrate, outside the presence of law enforcement officers, first warns the juvenile.
c. An officer then takes the typed or handwritten statement, but leaves the statement unsigned.
The officer then returns the juvenile and the statement to the magistrate.
e. The magistrate will review the statement with the juvenile outside the presence of law enforcement officers.
f. The juvenile is then allowed to sign the statement in the magistrate’s presence.

Question 115

Emergency driving

Answer 115

Driving in response to a life-threatening or other serious incident (based on available information) which requires emergency equipment in operation. Emergency driving with emergency lights and siren activated allows officer to disregard certain traffic regulations but officers must still drive with due regard for the safety of the officer and others.

Question 116

Routine operation of vehicles

Answer 116

In case of accident or damage to any department vehicle, the driver shall immediately request the on-duty supervisor.

2. Accidents involving members of this department will be investigated by a traffic investigator. If a traffic investigator is unavailable then the on-duty supervisor will conduct the investigation. Should the accident involve a supervisor a traffic investigator or other supervisor will conduct the investigation.
3. Drivers shall report any found damage or other non-accident damage to their supervisor immediately and document the damage in a memorandum.

Question 117

Inspection

Answer 117

Before each duty assignment, officers shall check their vehicles for cleanliness, operability, and all required equipment. Vehicle checks shall be recorded with the in-car video. Officers shall also ensure that vehicles have adequate levels of oil, brake fluid, power steering fluid, and gas. Any deficiencies should be reported to the supervisor.

2. Officers shall check the safety features of the vehicle before assuming duty. The check shall include (but not be limited to) all lights, brakes, siren, horn, steering and computer and video equipment. Officers shall also check tires for tread wear and proper inflation.
3. Officers shall examine their vehicles at the beginning and end of their shifts for damage. Officers shall report any damage immediately to the on-duty supervisor.
4. Officers shall examine their vehicles at the beginning and end of their shifts to search for evidence, contraband, or property discarded by prisoners or others. Rear seats shall be thoroughly checked.

Question 118

Response codes

Answer 118

Calls for service are classified as Code 1 or 3 depending on circumstances. Code 3 calls are authorized by the dispatcher, a supervisor, or the patrol officer, subject to the considerations discussed below. The codes are defined as follows:

2. Code 1 responses are utilized for any situation regardless of apparent urgency where the preservation of life is not a consideration. Units responding to Code 1 calls shall respond to the location without delay, complying with all traffic regulations and shall not use emergency warning devices.
3. Code 3 responses are authorized for any emergency where the preservation of life is a consideration. Primary and support units responding to Code 3 calls shall proceed rapidly to the location of the emergency by the most direct means, using all emergency warning devices with a paramount consideration for the safety of the public and the officer.

Question 119

Use of emergency warning devices in non-emergencies

Answer 119

Officers shall activate emergency equipment to notify drivers that they must stop and to provide a safe environment for the driver, officer, and the public.
2. Officers may activate emergency equipment in non-emergencies when expediency is required to eliminate a potential hazard to the public or other officers, such as using emergency lights to protect disabled motorists or when department vehicles are used as protective barriers.

Question 120

Boxing in.

Answer 120

A deliberate tactic by two or more pursuit vehicles to force a pursued vehicle in a specific direction or to force it to reduce speed or stop by maneuvering the pursuit vehicles in front of, behind, or beside the pursued vehicle.

Question 121

Caravanning

Answer 121

Direct participation in a pursuit by department vehicles other than the primary and authorized support vehicles.

Question 122

Pursuit

Answer 122

An active attempt by an officer in an authorized emergency vehicle to apprehend a suspect, who is fleeing or evading apprehension, provided the officer reasonably believes that the suspect is refusing to stop and is willfully fleeing capture by high-speed driving or other evasive maneuvers. Pursuits shall be conducted only with activated emergency equipment and under circumstances outlined in this order. An attempt to stop a vehicle that is not fleeing, or attempts to stop a vehicle that is refusing to stop while still obeying traffic control devices and not exceeding the speed limit by more than ten miles per hour is not a pursuit.

Question 123

Roadblock

Answer 123

Any method, restriction, or obstruction used to prevent free passage of vehicles on a roadway in order to stop a suspect.

Question 124

Support vehicles

Answer 124

The second or additional department vehicles, participating in the pursuit, which follows the primary pursuit vehicle at a safe distance and helps the primary pursuit vehicle once the suspect vehicle has stopped, or which can assume the primary role if circumstances dictate.

Question 125

Justification for pursuit

Answer 125

When the officer has probable cause to believe that a felony involving the use or threat of physical force or violence has been, or is about to be, committed, or

2. To assist another law enforcement agency at their request and while in the city limits of Balch Springs. The supervisor may deny the request for assistance if the supervisor determines that the risk of the pursuit outweighs the risk to the public or the officer. The supervisor may also approve the assistance outside the city limits until such time another jurisdiction is able to assist.
3. Officer on-views a suspect discharge a firearm in a public place or displays a firearm in a public place in a threatening manner, and the officer reasonably believes that the immediate need to apprehend the offender outweighs the risk to any person of collision, injury or death.
4. All other Pursuits are prohibited.

Question 126

Primary officer responsibilities - pursuit

Answer 126

the pursuing vehicle shall activate appropriate warning and recording equipment.
3. The officer shall notify the communication operator of the following:
a. The location of the officer and the suspect’s vehicle.
b. The direction of travel.
c. The license number (and state) of the suspect’s vehicle.
d. The description of the suspect’s vehicle and occupants if possible.
e. The reason for the pursuit.
4. The officer will, to the best of their ability, keep the communication’s operator informed of the location and direction of travel.
Whenever the risk to the public or the officer outweighs the immediate need to apprehend the suspect, the officer will terminate the pursuit.

Question 127

Supervisor’s responsibilities - pursuit

Answer 127

The on-duty supervisor shall monitor the pursuit by ensuring compliance with department policy, directing officers to join or abandon pursuit, re-designating primary and support pursuing vehicles if necessary, approving or directing pursuit tactics, and terminating the pursuit.
2. The on-duty supervisor shall monitor the pursuit and may respond to the location of the stopped suspect. The supervisor may end the pursuit at any time that he or she feels circumstances warrant.

Question 128

other supervisor responsibilities - pursuit

Answer 128

No more than three (3) department vehicles may pursue a fleeing suspect without the specific authorization of the on-duty supervisor. In authorizing additional department vehicles to pursue, the supervisor shall consider:

a. The nature of the offense.
b. The number of suspects.
c. The number of officers currently participating as primary or support vehicles.
d. Any injuries or property damage already sustained as a result of the pursuit.
e. Any other clear, articulated facts that would justify the assignment of additional department vehicles.

Question 129

Rules of pursuits

Answer 129

Officers shall not intentionally ram, bump, or collide with a fleeing vehicle nor shall officers pull alongside such vehicles in an attempt to force them off the road or into an obstacle.

2. Boxing-in is prohibited.
3. Caravanning is prohibited. Only three (3) department vehicles shall participate in a pursuit at any time unless specifically authorized by a supervisor.
4. Officers shall not fire their weapons from a moving vehicle.
5. If the on-duty supervisor orders the pursuit to end, pursuing officers shall cease immediately. Also, the pursuing officer(s) shall end the pursuit if at any time during the course of the pursuit he or she loses sight of the fleeing vehicle for more than a few seconds.
6. The use of a stationary or rolling roadblock is prohibited.

Question 130

Out-of-jurisdiction pursuits

Answer 130

Pursuits beyond the local jurisdiction require the direct approval of the on-duty supervisor and, if approved, shall be conducted according to this order. The communications operator shall notify the appropriate jurisdiction of the pursuit and request help when authorized by the on-duty supervisor.

2. If officers from another jurisdiction pursue a suspect into our jurisdiction, department officers shall enter the pursuit only if the other agency specifically requests help and the on-duty supervisor approves our participation. Any non-pursuit assistance (including apprehension of a stopped suspect) may be provided as the circumstances dictate.
3. When the fleeing suspect is apprehended in another county that is not immediately adjoining Dallas County, the pursuing officer shall take the arrested person to be arraigned before a judicial officer of that jurisdiction.

Question 131

TERMINATING PURSUITS

Answer 131

Officers shall discontinue a pursuit under the following circumstances:

a. The on-duty supervisor orders it.
b. The pursuing vehicle experiences an equipment or mechanical failure that renders the vehicle unsafe for emergency driving.
c. The pursued vehicle has outdistanced the pursuing officer such that its location is not known.
d. A person has been injured during the pursuit and no medical or department personnel are able to provide help.
e. The pursuing officer perceives a clear, unreasonable danger to officers, the fleeing suspect, or the public, and the danger created by continuing the pursuit outweighs the value of apprehending the suspect at the time.

Question 132

Operations Division

Answer 132

commanded by a Lieutenant and includes a Patrol Section, Traffic Section and Jail Section. These sections are comprised of officers and sergeants assigned to both patrol and traffic functions. The sergeants report to the Operations Lieutenant.

Question 133

Patrol Section Responsibilities

Answer 133

Responsible for the preliminary investigation of calls for police services, accident investigation, traffic enforcement, crime prevention, those duties which by their very nature require the actions of a police officer, and assignments which may be given by a commanding officer.
2. Composed of designated shifts, each under the supervision of a police sergeant or other designated supervisor who reports to the commanding Lieutenant.

Question 134

Traffic Section Responsibilities

Answer 134

Responsible for primary service related to traffic operation, including, but not limited to, traffic enforcement, accident investigation, designated traffic direction and control, and assignments that may be properly given to them.
2. Composed of designated personnel under the supervision of a police sergeant or other designated supervisor who reports to the commanding Lieutenant.

Question 135

Patrol Staffing

Answer 135

Personnel are distributed among four patrol shifts. Personnel are assigned to a shift for a period of 12 months.

b. Minimum staffing for patrol functions is four sworn officers.
c. Personnel work six (12) twelve hour shifts and one (8) hour shift, in a (80) eighty-hour pay period.
d. Personnel assigned to the Patrol section work a combination of four days on duty, four days off duty, three days on duty and three days off duty.

Question 136

Mobile Video Recording systems

Answer 136

intended for the purpose of accurately capturing the activities of officers during the performance of their duties. The recording can be used after an incident to evaluate the actions of officers and the persons they encounter. Videos also supply good documentation of evidence in criminal cases but are not intended as evidence for routine traffic citations. The use of the video recorder is required in the type of racial profiling reporting that is conducted each year.

Question 137

Mandatory Use of VMVR

Answer 137

Traffic stops (to include, but not limited to traffic violations, stranded motorist assistance and all crime interdiction stops)

ii. Priority responses
iii. Vehicle pursuits
iv. Prisoner transports
v. It is not required for officers to activate the in-car camera for report calls.

Question 138

Mandatory Use of PMVR:

Answer 138

All contacts whether on call or officer initiated.

ii. Traffic stops (to include, but not limited to traffic violations, stranded motorist assistance and all crime interdiction stops)
iii. Priority responses
iv. Vehicle pursuits
v. Prisoner transports

Question 139

RETENTION - VMVR

Answer 139

Vehicle Mobile Video Recordings shall be retained a minimum of 90 days and then be purged from the computer server. This in accordance with the Code of Criminal procedure on racial profiling reporting.
B. Personal Mobile Video Recordings shall be retained a minimum of 180 days and then be purged from the computer server. This retention is intended to compliment the procedure for complaints against officers as outlined in the Texas Government Code chapter 143.

Question 140

Traffic law enforcement

Answer 140

involves all activities or operations which relate to observing, detecting, and preventing traffic law violations and taking appropriate action under the circumstances.

Question 141

Legal Basis for Stopping Motor Vehicles

Answer 141

Officers have legal justification for stopping a motor vehicle as provided by the Fourth Amendment to the U.S. Constitution. Without such justification, evidence of illegal activity discovered during the course of a stop may be inadmissible in court.

2. Officers are prohibited from stopping vehicles under the guise of legal authority when in fact the stop is based solely on the officer’s prejudice concerning a person’s race, ethnicity, sex, or similar distinction.
3. A motor vehicle may be stopped only for a period of time that is reasonable to issue a citation or conduct other legitimate police business.

Question 142

Juveniles TRAFFIC STOPS

Answer 142

Juvenile traffic offenders are prosecuted in Municipal Court. Juveniles over the age of 10 may be issued citations. Officers issuing traffic citations to juvenile offenders shall advise them that a parent or guardian must accompany them when they appear before the court. Juveniles must appear in court with their parents, no prepayment is allowed.

Question 143

Information regarding traffic summons

Answer 143

The citation shall be completed whenever a motorist is to be charged with a motor vehicle violation. Officers shall advise drivers of the following:

1. Provide a copy of court appearance schedule and contact information. (TBP: 7.21)
2. Whether the court appearance by the motorist is mandatory.
3. Whether the motorist may be allowed to pay the fine before court and enter a guilty plea.
4. Answer the motorist’s questions about the summons as thoroughly as possible.

Question 144

Objectives of traffic stops

Answer 144

The two primary objectives of any traffic stop are

a. Take proper and appropriate enforcement action; and
b. Favorably alter the violator’s future driving behavior.
2. Achievement of these objectives requires the officer to evaluate the violator’s mental and physical condition when assessing the facts of the violation itself. In achieving these objectives, officers must exhibit flexibility to minimize conflict or argument with the violator.

Question 145

Before making a vehicle stop

Answer 145

Maintain a reasonable distance between the violator and the patrol vehicle.

b. Locate a safe spot to stop the vehicle.
c. Activate the emergency lights and, when necessary, the siren to signal the vehicle to stop.
d. Advise the dispatcher of the intention to stop the particular vehicle, and give the following information:
i. The location of the stop by street and block number.
ii. The vehicle’s license tag number and a description of vehicle.
e. The officer shall position the patrol vehicle approximately one-half to one car length behind the violator’s vehicle. The patrol vehicle should be positioned so that it will offer the officer some protection from oncoming traffic. This position should be two feet outside and to the left of the violator’s vehicle.

Question 146

Communicating with the violator

Answer 146

In transacting business with the violator, the officer shall observe the following rules.

a. Greet the violator courteously with an appropriate title.
b. Ask for and accept only the violator’s identification and insurance. If the driver offers money, the officer shall refuse it and advise the driver of the illegality of the offer.
c. Inform the violator what traffic law he or she has violated and the intended enforcement action (do not keep the violator in suspense).

Question 147

“Intoxicated”

Answer 147

Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
(b) Having an alcohol concentration of 0.08 or more.

Question 148

Sobriety Test

Answer 148

Officers shall utilize and administer the following standardized field sobriety tests (SFST) for DWI offenses,
a. Horizontal Gaze Nystagmus (HGN)
b. Walk and Turn. (WAT)
c. One-Leg Stand. (OLS)
2. Officers should be aware of patrol vehicle placement insuring that all SFST’s performed in the field are captured with in car video/audio
If no SFST’s are conducted a detailed explanation will be provided by the arresting officer and documented within the DWI report.

Question 149

Blood Specimen Analysis

Answer 149

A blood specimen shall be requested for analysis in all cases where the arrested subject is believed to be intoxicated by means other than alcohol. A blood specimen shall be drawn in all cases where mandated by law or under order of the court or magistrate.

2. Only a physician, qualified technician, chemist, registered professional nurse, or licensed vocational nurse may take a blood specimen at the request or order of a peace officer and such a specimen must be taken in a sanitary place.
3. Departmental authorized blood draw kits shall be used to obtain blood specimens for evidentiary analysis. These kits will be sealed for integrity until the time of collection.

The officer shall witness the qualified personnel taking the blood sample and ensure:

a. An alcohol solvent is not used to cleanse the withdrawal location,
b. Immediately after the blood collection, the collection vial is inverted several times, slowly mixing the anticoagulant powder and blood, and
c. The transfer of the full blood collection vial directly to his/her possession.
6. The officer shall insure that the recovered blood vial is proper.

Question 150

DWI Accident Investigation

Answer 150

If the DWI offender has been involved in a traffic accident, officers shall also undertake the following:

1. Identify the offender as operator/driver of motor vehicle while following departmental directives for Traffic Accident Investigation.
2. Identify any witnesses who observed the offender operating a motor vehicle.
3. Question the witnesses about the offender’s condition, actions, and statements immediately after the accident. Obtain written Affidavit’s from witness related to these observed conditions or actions.
4. Establish a time lapse from the time of the accident to the time of arrest.
5. Photograph scene of accident including vehicles involved, damage to property, and any other related items of evidence to the offense.

Question 151

DUI (Minor) Investigation

Answer 151

All persons under 21 years of age operating a motor vehicle in a public place with any detectable amount of alcohol shall be considered under the influence with officers acting in accordance of Sec. 106.041 of the Texas Alcoholic Beverage Code. Officers may utilize discretion in either the issuance of a citation or arrest. In the case of the issuance of a citation the officer shall take reasonable and prudent steps to insure the safety of both the violator and the public.

2. Officers shall exercise the same DWI responsibilities with suspects ranging in age of 17 to 21 years who are determined to be intoxicated and in violation of laws governed by Chapter 49 of the Texas Penal Code.
3. No person under the age of 17 shall be exposed to either breath test or blood draw without the express authorization of the office of the Chief of Police. If a request for breath or blood is made related to persons under the age of 17 it shall be video/audio recorded without exception.

Question 152

Accident report and investigation

Answer 152

Texas Transportation Code requirements concerning the reporting of traffic accidents include:

a. TRC 550.026 - The driver of any vehicle involved in an accident resulting in death or injury shall immediately notify the law-enforcement officials.
b. TRC 550.062 - A law-enforcement officer investigating an accident resulting in injury or death or total property damage to an apparent amount of $1,000 or more shall make a written report of it to DPS.
c. TRC 550.062 - Officers who investigate an accident for which a report must be made, either at the time of and at the scene of the accident, or thereafter and elsewhere, by interviewing participants or witnesses, shall within 10 days after completing the investigation, forward a written report of the accident.

Question 153

Accident Inv for Officers

Answer 153

An officer shall respond to and prepare a report of accident involving any of the following:

a. Death or injury.
b. Property damage in excess of $1,000.
c. Hit and run.
d. Impairment due to alcohol and drugs.
e. Hazardous materials.
f. Accidents involving commercial motor vehicles.
g. Accidents involving any city/county property, vehicles, equipment, or facilities.
h. Any accident where either driver cannot produce a driver’s license or proof of liability insurance.

Question 154

Responding to the Accident Scene

Answer 154

Officers shall respond to minor accident scene Code one, unless the dispatcher or supervisor directs otherwise.

2. Officers shall respond Code three to major accidents where there exist injuries or major road or highway blockages, or where information provided indicates the immediate need for an officer on scene.
3. The officers responding shall park their vehicles as necessary to protect victims and the accident scene, while still leaving room for egress for emergency services.

Question 155

Accident scene responsibilities

Answer 155

The first officer to arrive at an accident scene shall perform the following:

a. Administer emergency medical care (basic life support measures) pending arrival of rescue personnel
b. Summon additional help as required (officers, rescue, wreckers).
c. Protect the accident scene.
d. Preserve short-lived evidence (broken parts, skid marks).
e. Establish a safe traffic pattern around the scene.
f. Verify driver’s license and insurance are current.
g. Locate witnesses and recording key accident information.
h. Expedite removal of vehicles, persons, and debris from the roadway except for fatal accidents.

Question 156

PROCEDURES - Accident scene

Answer 156

Collecting information

1. At the scene of the accident, the investigating officer shall gather appropriate information for a report. Information to be collected at the scene may include, but is not limited to, the following:
   a. Interview drivers, occupants and witnesses and secure necessary identity/address information.
   b. Examine and record vehicle damage.
   c. Examine and record the effects of the accident on the roadway or off the roadway on private or public property.
   d. Take measurements as appropriate.
   e. Take photographs as appropriate.
   f. Collect and process evidence.
   g. Exchange information among principals.

Question 157

Accident report

Answer 157

A report shall be filed on all accidents that occur on public property, or publicly accessed private property within the city if it meets any of the normal reporting criteria (death, personal injury, property damage in excess of $1000, or involves government-operated vehicles). Public property is any highway, roadway, street, or public parking lot maintained by the state, county, or city.
Publicly accessed private property is a private access way or parking area provided for a client of a business, but not residential property or private parking where a fee is charged for parking.
2. In the event of an accident that occurs on private property, an accident report may be filed if it meets any of the normal reporting criteria (death, personal injury, property damage in excess of $1000, or involves government-operated vehicles).

Question 158

Disabled vehicles

Answer 158

Officers shall not push or tow any vehicle with a patrol vehicle unless the patrol vehicle is equipped with a department-approved push bar and the officer has received approval by the supervisor.
2. Due to the risk to radio and emergency equipment, officers shall not connect jumper cables to a patrol vehicle to start a person’s vehicle. Summon a wrecker if a jump-start is required

Question 159

Investigations

Answer 159

The primary purpose of an investigation is to collect facts leading to the identification, arrest, and conviction of an offender and to organize and present the facts for a successful prosecution. The single most important criterion which determines a successful investigation is correctly obtaining and handling information supplied by a victim or witness immediately after the crime. The department expects officers to treat investigations as a skill developed through training and experience, a skill that demands intelligence, logic, and discipline.

Question 160

PROCEDURES - PRELIMINARY INVESTIGATIONS

Answer 160

The preliminary investigation begins when the first officer arrives at the scene of a crime (or a citizen requests help) and continues through the conclusion or until an investigator arrives and assumes responsibility. Patrol officers are responsible for the preliminary offense report in all cases unless specifically directed by a supervisor.

Question 161

Collecting evidence

Answer 161

Patrol officers who have been trained in collecting evidence will collect physical evidence to the limit of their ability and training. When additional evidence requires collection, is beyond the capabilities or training of the officer, or is evidence in a serious crime, the patrol supervisor shall contact appropriate the Investigations Section

Question 162

Supervisory responsibilities

Answer 162

The shift supervisor shall ensure that an adequate and complete preliminary investigation has been made and shall review, screen, and approve the officer’s preliminary report. Screening shall include a review of facts to ensure that all essential information is included, along with legibility, clarity, and completeness. Supervisors shall review, approve, and forward reports to the Investigations Section.

2. Supervisors shall limit access to crime scenes to those persons immediately and directly connected with the investigation. This rule applies to other officers of the department, other agencies, or members of the community, regardless of rank or position.
3. The supervisor shall authorize the call-out investigations personnel if appropriate.
4. The supervisor may enlarge the preliminary crime scene if necessary by assigning officers to canvass the area for possible witnesses or suspects.

Question 163

Field notes

Answer 163

All formal reports begin with field notes. Field notes are important for the following reasons:

1. To create a permanent record of events.
2. To aid the investigation.
3. To ensure accurate testimony in court.
4. To protect the officer from false accusations.

Question 164

Formal reports shall include the following information

Answer 164

Date, time of arrival at the scene.

2. Relevant weather or situational conditions at the scene upon arrival (e.g., a fire, crowd).
3. Circumstances of how the crime was discovered and reported.
4. Identity of other officers or emergency personnel at the scene.
5. Physical evidence present at the scene and the officers responsible for its collection.
6. Names, addresses, telephone numbers of victims or witnesses.
7. Results of interviews with the complainant, victim, or witnesses to include the identity or description of suspects.
8. Affidavits
9. Diagrams, sketches, photographs, or videotape taken at the scene, and the identity of the photographer or artist.
10. Recommendations for further investigation.

Question 165

Field interviews

Answer 165

Field interviews are a productive tool and source of information for the department. They shall be used only in the pursuit of legitimate enforcement goals. When used properly they can discourage criminal activity, identify suspects, and add intelligence information to the files of known criminals.

Question 166

Recording Protocol

Answer 166

Suspects do not have to be informed that they are being recorded unless required by law.

b. The office of the prosecutor, the investigative case manager, or other authorized department official may direct that specific interrogations be recorded that do not meet the criteria of major crimes as defined by departmental policy.
c. The primary interrogator shall, where possible, obtain a signed waiver from the suspect before beginning interrogation. If the suspect elects not to be recorded or refuses to engage in the interrogation, the suspect’s rejection shall be recorded when reasonably possible.

Question 167

CONSTITUTIONAL REQUIREMENTS: GENERAL

Answer 167

Compliance with constitutional requirements during criminal investigations

1. All officers when conducting criminal investigations shall take all precautions necessary to ensure that all persons involved are afforded their constitutional protections. Officers shall ensure that:
2. All statements or confessions are voluntary and non-coercive.
3. All persons are advised of their rights in accordance with this general order.
4. All arrested persons are taken promptly before a magistrate for formal charging.
5. All persons accused or suspected of a criminal violation for which they are being interrogated are afforded an opportunity to consult with an attorney.
6. Prejudicial pre-trial publicity of the accused is avoided so as not to interfere with a defendant’s right to a fair and impartial trial.

Question 168

DISPOSITION OF CASES

Answer 168

1. Cleared - An arrest has been made in this case.
2. Exceptional Clearance - The identity and address or exact location of the culprit is known and sufficient evidence to obtain a warrant exists. However, due to some reason outside the control of the police, no arrest will be made. Examples: Complainant will not prosecute; District attorney will not prosecute; perpetrator is dead; subject arrested by another jurisdiction and no charges will be placed by the department.
3. Unfounded - The offense did not really occur in the first place, although at the time of the original report, it was believed to have occurred. If the investigation has exhausted all leads, yet the possibility remains that new facts may come to light given future inquiry, the case shall remain open.
4. Inactive - All leads have been exhausted. No further investigation is possible or practical until new leads develop.
5. Warrant issue – a warrant was issued and awaiting arrest of a suspect.
6. Grand Jury Referral – case was referred to the Dallas County Grand Jury for a True Bill or No Bill determination.
7. Referred to City Court – Complainant was referred to the City Court of Balch Springs which holds jurisdiction in alleged criminal offense

Question 169

Crime Scene Processing

Answer 169

Proper documentation, collection, preservation, and submission of physical evidence to forensic laboratories may provide the key to a successful investigation and prosecution. Through evidence located at the scene, suspects are developed or eliminated, investigative leads are established, and theories concerning the crime are substantiated or disproved. It is imperative, therefore, that each officer carefully processes a crime scene not to overlook or contaminate or destroy evidence. Physical evidence appears in many shapes, sizes and forms, thereby necessitating various recovery, preservation, and submission techniques. The officer or investigator shall be prepared to collect, identify, and package the evidence so that it will not be changed in form and value when it reaches the laboratory. The officer collecting the evidence shall maintain a chain of custody of that evidence in order to ensure that it is presented to the court professionally and in compliance with the law.

Question 170

Chain of custody

Answer 170

The chain of custody is the series of documented links between the time the evidence was obtained until presented in court. The links are officers who handled the evidence, and where and when they did so.

Question 171

Exclusionary rule

Answer 171

The exclusionary rule requires that evidence seized or discovered in violation of the suspect’s Fourth, Fifth, and Sixth Amendment rights cannot be admitted in court.

Question 172

Evidence

Answer 172

Any substance or material found or recovered in connection with a criminal investigation.

Question 173

Evidence custodian

Answer 173

The evidence / property custodian is the employee designated by the Chief of Police to have administrative oversight over all found or confiscated property which comes into departmental possession

Question 174

General crime scene processing

Answer 174

Depending on the nature of the crime and the type of evidence present, patrol officers will normally collect and submit physical evidence to the extent they have been trained and have the equipment to do so. Normally patrol officers will collect and submit evidence on misdemeanor offenses and some felony offenses where a document and or video evidence is the only physical evidence present.
B. The department has a number of investigators trained and equipped to collect physical evidence. The patrol on-duty supervisor will request the Investigations Section when the evidence present is beyond the capabilities of the patrol officers training or equipment.

Question 175

evidence collection

Answer 175

Before moving objects or collecting evidence at major crime scenes (except where necessary to help a victim, apply first aid, or handle a suspect), officers will photograph the scene. Photographs should start at the edge of the property and progress into the scene as needed to show the scene and relationship of the evidence present. Close up photographs of each piece of evidence will be taken with and without a measuring device in the picture.

2. At major crime scenes, officers will also prepare a sketch of the scene. Sketches of any crime scene will be done if it will show relationships or locations of where evidence is collected.
3. Before collecting any item of evidence, take measurements using triangulation or the coordinate method and record.
4. Collect perishable evidence first. Perishable evidence such as fresh blood, blood-stained objects, physiological stains and tissue, or biological material shall be collected only by a trained evidence technician who shall arrange to submit the material to a lab.
5. If the immediate destruction of evidence is not a concern, work through the scene systematically, collecting in a logical sequence, trying to avoid disrupting other items of evidence.

Question 176

Packaging items of evidence

Answer 176

The officer who collects the evidence shall choose a container suitable to the type of evidence for packaging. Considerations in choosing the proper container include:

a. The size and weight of the item.
b. Whether the item is moist or wet (which could rot or deteriorate if packaged in plastic or an airtight container for an extended time).
c. Avoid any contamination of evidence by packaging all items separately.
d. Pack the item to minimize interior movement within the package.
e. Seal the package with evidence tape and sign across the seal.
f. Label the exterior of the package before placing the evidence within it.

Question 177

Weapons collection

Answer 177

No officer shall, under any circumstances, personally retain custody of any found or confiscated weapon.

ii. Officers bringing weapons into custody shall inspect them to ensure their safe storage. All firearms shall be unloaded before storage.
iii. The recovering officer or investigator shall check all confiscated or found weapons against NCIC/TCIC files.

Question 178

Preservation of perishable or deteriorating items:

Answer 178

When a rapidly deteriorating item of evidence has been collected (for example, a liquid sample of semen, a blood-soaked shirt), it shall be transported to the forensic laboratory the same day, if at all possible.

2. Any time an officer transports a perishable item to the laboratory for immediate analysis, the laboratory shall be called first so they will be ready to receive it.
3. In cases where immediate transport to the forensic lab is not possible, air dry (no more than one week) and transport to lab.
4. Where appropriate, submit known specimens of evidence so that comparisons can be made. The investigating officer shall be responsible for obtaining any required known specimens and submitting them, along with the items of evidence, to the forensic lab for analysis and comparison.

Question 179

Holding Facility Operations

Answer 179

It is the policy of the Balch Springs Police Department to provide secure temporary
holding cells for prisoners awaiting interrogation, arrest processing, and transfer to
the county jail or other administrative procedures and to maintain these facilities in a
sanitary and safe manner. Normal operations will limit a detainee’s stay to less
than 72 hours if they are to be filed on in County or District Court.

Question 180

Access to Facility

Answer 180

Access to the holding facility is limited to authorized personnel. Non-essential personnel that are allowed access to the holding facility ensure their presence does not violate a detainee’s privacy, impede facility operations or hamper the gathering of information to be used in court. Non-essential personnel are prohibited from entering the holding facility unless in emergency situations. Juveniles are prohibited from entering the facility at any time a prisoner is being held or is present. (TBP: 10.04)
2. Any person, other than sworn members of the department, public safety officers, or communications personnel, who enter the facility, will be accompanied by a sworn member, public safety officer, or communications member while in the holding facility

Question 181

Privacy of Detainee Records

Answer 181

Detainee records are kept confidential unless release is required by law. Officers and Communicators are permitted to respond to inquiries regarding whether or not a specific person is being held, on what charges, and the bond amount if any. Officers and Communicators are permitted to answer inquiries regarding the various options of how an individual may be visited or released.

Question 182

Emergency Evacuation

Answer 182

An Emergency Evacuation Diagram is posted in the Book-in area.
b. Emergency Exit signs are posted above the Exit Doors

Question 183

Inspections

Answer 183

On every shift, the oncoming Shift Supervisor or PSO ensures that an inspection of the Holding Facility has been completed. Fire alarm systems, emergency lighting systems, cell door operation and overall safety and security of the holding facility will be visually inspected. Any defective equipment or facility issue will be brought to the attention of the Chief of Police or his designee immediately. This inspection will be documented in RMS as a Jail Shakedown call for service.

2. The Holding Facility Supervisor conducts routine inspections of the holding facility and booking area at least monthly, recording the appropriate information to document the activity. The inspection includes, but is not limited to, the following:
   a. Cleanliness
   b. Adequate Supplies
   c. Adequate food
   d. Fire Alarm system operational (tested)
   e. Video and audio monitors operational
   f. Fire extinguisher access and initials and dates the inspectors tag.
   g. Pest/Rodent Infestation

Question 184

Entering a Cell with a Prisoner

Answer 184

Officers typically do not enter a cell with a prisoner. Occasionally there will be certain circumstances that will require police officers to enter an occupied cell, these circumstances may include, but are not limited to the following:

a. A fight between prisoners,
b. To check on an ill or injured prisoner,
c. To prevent a prisoner from injuring himself or others, or
d. To prevent a prisoner from damaging property.

Question 185

Key Control

Answer 185

There is one master key to the cell block area available to personnel in the holding facility. This key is maintained in a lock box located in the jail office.
2. There is no additional master key issued to individuals
PSO shall maintain this key on their person while on duty.
4. A fire box containing a second set of individual keys for the cells is located in communications office and the jail office. These are for use only in emergencies.

Question 186

Holding Cell Inspections

Answer 186

Prior to placing an arrested person in an unoccupied holding cell the cell is searched for contraband and weapons. The officer making the inspection immediately reports the finding of any weapons or contraband to their immediate supervisor.
2. Prior to release and after the detainee has been removed from the cell, the cell is searched for contraband and or weapons, if the only detainee. The detainee is also required to remove any trash from the cell and clean any intentional damage or mischief. Officers will also have the prisoner place the mattress with the other mattresses and place the blanket in the dirty blanket container.

Question 187

Escape Procedures

Answer 187

In the event of an attempted escape from the holding facility, the following measures are taken to thwart the attempt:

a. The communications section monitors the close circuit television which displays activity in the holding/booking facility.
b. If a person is attempting to escape, with or without an officer present, the communications operator follows the below procedures in sequential order:
i. An immediate alarm is broadcast over the police radio. The patrol supervisor, and other resources as directed by that supervisor, responds immediately to the station to prevent the escape and/or assist the officer involved; and
ii. The communication operator announces the escape attempt on the internal intercom system of the facility, if other Officers are present in the police department.
c. All available personnel respond and make every attempt to prevent the escape.
2. Officers attempting to prevent the escape may use what force is necessary, and provided for by State law in order to prevent the escape.

Question 188

Detainees who are under the influence of alcohol or drugs or who are otherwise violent or self-destructive will be:

Answer 188

handled by the arresting Officer and at least one other person until the detainee is placed in a cell;

b. be segregated, if possible;
c. remain under strict, close audio and video supervision with hourly physical checks, and
d. be detained in the holding facility only until transfer can be made to a facility equipped to provide care for such persons or until their condition improves.
e. locking belt or chair restraints may be used to temporarily restrain a violent or suicidal prisoner.

Question 189

Juvenile Detentions

Answer 189

If the child is detained and transported to the police building, they are only detained in the area designated for Juvenile offenders as approved. Under no circumstances is a child who is in custody placed or allowed access to the adult holding facility or left unsupervised. All children held at the police facility remain out of sight and sound of adult prisoners.
2. A child who is being held for a status offense is not to be detained in a secured area or any locked room. Status offenders are held in a non-secured area, out of sight and sound of adult prisoners.

Question 190

Prisoner’s Property

Answer 190

Arrested persons will surrender all personal property that is on their person. An itemized inventory of the property is made by the booking officer and printed for signature of the arrestee. The property is then stored in a secured manner in the property lockers pending release of the arrested person. Money belonging to the prisoner is counted in front of the prisoner and in sight of the video camera.

2. Officers will take extra precautions to ensure that all items are taken from a prisoner that could be used to harm the prisoner or others or those items which could be used as weapons against officers or other prisoners. These items include but are not limited to heavy work boots, shoe laces, high heeled shoes, and belts.
3. To lessen the opportunity for contraband to be concealed or for a prisoner to harm themselves, each prisoner is only allowed to wear one layer of clothing not including underclothing.

Question 191

Medical Screening

Answer 191

The holding facility is not intended for or equipped to handle arrestees who require immediate or sustained medical attention. Therefore:
No prisoner shall be booked into the holding facility or otherwise held for interrogation or other purposes that have injuries or illnesses that require hospitalization or attention of a health care professional. This includes obvious cases of injury or illness as well as situations in which arrestees:
a. suffer from extreme alcohol intoxication or possible drug overdose;
b. exhibit symptoms of severe mental disorder, or
2. If the severity of medical conditions is unclear or if a prisoner requests medical attention, the officer shall have an ambulance dispatched to evaluate the prisoner.

Question 192

Detained- alcohol

Answer 192

If a detainee has been tested by intoxilyzer and the results register one or more times at or above 0.25 % blood alcohol content, the detainee is transported without delay from testing site to nearest medical facility. Transportation may be made by ambulance if there are any signs of distress.

6. If the detainee has not been tested by intoxilyzer or other means and there are signs of distress or psychosis caused from alcohol or other drug the detainee will be transported to the nearest medical facility.
7. The detainee may no be processed into holding facility until after cleared to be held by a Medical or Mental Health provider.

Question 193

Positive Identification of Prisoner

Answer 193

Upon completion of the booking process the booking officer will print a copy of the arrested person’s arrest report, which contains a booking photo. The prisoner will then be placed in a detention cell and the appropriate information noted on the board. The arrest report and booking photo will be used at time of release for positive identification.

Question 194

Fingerprints

Answer 194

All subjects arrested and booked in the Balch Springs jail shall be fingerprinted using the Adult Fingerprint Information System (AFIS).

a. Any class B misdemeanor or higher charge, originating though this agency, will be submitted as a criminal arrest (CAR) through AFIS.
b. Any class C misdemeanor arrest or any warrant arrest from other agency will be submitted as a two finger look up (TFLU).

Question 195

Photographs

Answer 195

All individuals detained will have current booking photographs taken.

1. One frontal view
2. One profile view
3. Any tattoos or other identifying marks

Question 196

Housing Prisoners

Answer 196

Upon completion of the booking process, the booking officer directs the arrested person to the most available holding cell. Each cell is separate and contains four bunks with no sight or sound activity available between male and female cells. At no time is a male and female placed together within a single cell.

2. Seventeen year old adults are placed in separate cells from other adults.
3. Before an arrested person is placed into an empty cell a search of the cell is conducted.

Question 197

Receiving Prisoners from Other Agencies

Answer 197

Prior to accepting prisoners from other agencies, either as temporary housing due to overloading of their facility, or for a warrant, the booking officer ensures the following:

a. Positive identification of the detainee
b. Positive identification of the officer delivering the prisoner .Requesting officer required to provide telephonic or written confirmation of the reason for the incarceration. (Copy of Offense report, arrest report, warrant and bond information if any)
d. Ensuring an offense has occurred and authority for arrest exists.

Question 198

Release due to Medical Reasons

Answer 198

Violent felony offenses and family violence misdemeanors that have a request for an emergency protective order may be transported to necessary medical facilities and guarded until released and returned to jail or a remote booking in completed at Dallas County Jail and custody turned over to Dallas County or Bond is made.

2. Non-Violent felony and misdemeanor offenses may be released on “medical release” due to medical reasons by an on-duty supervisor. Arrested persons charged with class C warrants may be released by a supervisor with a court date if they have not been arraigned. Arrested person can also be released with a “medical release.” A “medical release” form is to be completed and signed by the arrested person. The arrest person is advised that they have six (6) hours to return to the Balch Springs Jail upon being released from the medical facility or they will be filed on for escape.
3. If an arrested person is detained on another agency’s charge, that agency is contacted and advised to release charges and reissue warrants.

Question 199

Medications

Answer 199

Prisoner’s medications will be maintained in a designated area in the jail office.

2. Persons may be administered medications under the following conditions:
   a. The medication is prescribed or required.
   b. The name on the prescription is the arrested person.
   c. The medication dosage is followed.
3. If medications are required, the timing of such medications will be provided on the medication log sheet, which is maintained in the booking office. When a prisoner is scheduled for a medication, the on-duty PSO or an officer will dispense the medication according to the label on the container.

Question 200

Arraignment Procedures

Answer 200

All individuals detained have the right to be advised of their rights by a magistrate, informed of the charges against them, and have bail set.

2. Communications personnel prepare Arraignment Packets:
   a. Class B Misdemeanors and higher:
   i. Arrest/intake reports
   ii. Magistrate’s warning
   iii. Warrant and Probable Cause affidavit
   b. Class C Misdemeanors:
   i. Arrest/intake reports
   ii. Magistrate’s warning
   iii. One judgment sheet per charge
   iv. Complaint form (on view arrest only)
   v. Probable cause affidavit (on view arrest only)
3. The Magistrate normally arrives and begins review of the Arraignment packets to determine if probable cause exists to hold the individual for trial. The Communications personnel call the PSO or an officer to assist with arraignment.

Question 201

Bonding Procedures

Answer 201

Cash Bonds - Cash bonds are accepted on both City and County Charges according to the bond amount set by the magistrate. On city warrants, the defendant may pay a bond or the fine.

2. Attorney Bonds - Surety bonds may be accepted.
3. Writs - Writs for release of prisoners are accepted

Question 202

Access to Telephone

Answer 202

All cells have telephones in the cells for use by detainees. Officers should ensure detainees understand the usage of the telephones. Should detainees be unable to properly use the telephone in the cell, a PSO or an officer should attempt to lead them through the process.

2. Should a detainee abuse the telephone by making harassing telephone calls or calls to a crime victim, the telephone in the cell may be turned off and future calls made under officer supervision.
3. All telephones are turned off during arraignment procedures and then turned back on after the magistrate has finished

Question 203

Access to Attorney

Answer 203

Attorneys are permitted access to these persons at any time, 24 hours per day with officer availability. If an attorney elects to confer confidentially with their client the officer remains just outside the booking area.

Question 204

Visitation

Answer 204

Visitation days and hours are set by the operations section commander, subject to officer availability. Nothing restricts the inclusion of additional visitation times based upon officer availability. Visits are limited to 10 minutes. When the PSO is not on duty on visitation days, visitation may be canceled due to the fact that an officer’s responsibility is response to calls for service. Visitation is only allowed when officers are available.
4. Visitors check in with the Communications Section. Visitors are required to provide a valid photo identification containing: Name, date of birth, and address. All visitors are checked through TLETS prior to visiting.

Question 205

Meals

Answer 205

All arrested persons require daily nourishment. The public safety officer or district officer assures adequate meals are provided three (3) times per day to the arrested person. Meals should be at or around 6:00 am, 12:00 (noon) and 6:00 pm. Meals shall be documented in the records management system (RMS) as a “Jail Meal” call for service.

Question 206

Evidence and Property

Answer 206

Proper documentation, collection, preservation, and submission of physical evidence to forensic laboratories may provide the key to a successful investigation and prosecution. Through evidence located at the scene, suspects are developed or eliminated, investigative leads are established, and theories concerning the crime are substantiated or disproved. The purpose of Property and Evidence Management is to maintain those property items coming into the possession of the department in such a manner as to secure them from theft, loss, or contamination, and to maintain them for easy retrieval as needed.

Question 207

Property Custodian

Answer 207

The primary duty of the Property Custodian is to log, classify, store, dispense, destroy, and release property and evidence to its rightful owner, for court presentation and/or for destruction or auction. Additional duties include, but are not limited to the following

Question 208

Property room

Answer 208

The Property Room is maintained as a secure location. Access to the Property Room and all other temporary or long-term property storage areas is restricted to the Property Custodian and alternate Property Custodian. All other entry into the property room by any person is noted in the Property Room entry log and is escorted by the Property Custodian at all times.

Question 209

key control -property room

Answer 209

One key is required to open the main property room door and other storage facilities. The Property Custodian and alternate are the only individuals with the key.

2. Duplicate keys to property storage facilities are kept in the key box located inside the office of the Chief of Police. The duplication or unauthorized possession of keys to secured property storage areas is strictly prohibited.
3. Property room personnel may not relinquish property room keys, combinations, or alarm codes to anyone other than authorized personnel.
4. When Property Custodians leave their assignment, the Chief of Police or his designee ensures that all locks, combinations, and codes are changed.
5. New locks are installed in the event that a key is lost or security is otherwise compromised.

Question 210

Evidence

Answer 210

Evidence is property that comes into the custody of a police department employee when such property may tend to prove or disprove the commission of a crime, or the identity of a suspect pursuant to an official criminal investigation. Evidence or assets seized for forfeiture are handled in the same manner as other evidence.

Question 211

Found Property

Answer 211

Found Property is property of no evidentiary value, which comes into the custody of an agency employee, and whose rightful owner may or may not be known to the finder or the department. Due diligence must be exercised to discover the rightful owner. If the owner cannot be located, the Department will dispose of the property in a time and manner prescribed by law.

Question 212

Safekeeping

Answer 212

Safekeeping is property of no evidentiary value surrendered to an employee of this agency for temporary custody. This arrangement comes with the understanding that the person surrendering the property has the legal right to do so, and that the property will be returned to the rightful owner(s) at the end of a specified period, unless disposition by the Department, in a manner prescribed by law, is requested by the owner(s).

Question 213

Documentation of Property

Answer 213

The police employee accepting property documents the details upon taking property in to the Department. That report contains a description of the item, along with all other pertinent details of how the item came into possession. The report must also include complete information on the person who found the property and from whom it was seized or recovered.

Question 214

Computer Inquiry & Entry of property

Answer 214

All employees make the appropriate inquiries to NCIC/TCIC on all serialized or identifiable items collected or seized prior to placing the item into storage. This determines if the property is reported stolen or otherwise entered into the statewide system.
The Communications Section verifies all “hits” prior to confiscating the item. After verification, a communications operator sends the “locate” information.
3. The offense and property report reflects the status of the property items. The report also indicates that a “locate” was sent to the originating agency. It is the originating agency’s responsibility to update the TCIC information from stolen to recovered status.

Question 215

Evidence Bags and Boxes

Answer 215

Evidence Bags and boxes serve as the primary method for submitting property for storage. A listing of the case number, date, location, applicable names, description of property and officer’s name and ID number properly identify the property and its origin.

b. Chain of Custody Form submitted with each property container (bag, box, etc), tracks the movement or release of the item.
c. Property Tag. Officers affix a property tag securely to items that do not fit into evidence bags or boxes. This tag designates the case number, date of submission, and name and ID number of the submitting officer.

Question 216

Money Form

Answer 216

This form serves as the sole method for logging cash money into the property room. Cash is defined as coin and/or currency. Checks, credit cards or other negotiable items do not require the use of a money envelope. The Property Custodian does not accept money not packaged or logged appropriately, according to the following procedures:

i. Itemize money by denomination, listing subtotals and total amounts. All money logged into the property room requires at least two officers or employees to verify the count.
iii. All money envelopes must contain at least two signatures verifying the amount listed and enclosed. The entering officer and verifying officer sign their names and ID numbers to the front of the envelope and seal the envelope with tamper-proof security tape. Both then initial the back of the envelope prior to entering it into the property locker. For accuracy, conduct two separate counts on large amounts of cash.

Question 217

Property Receipt Form

Answer 217

The Property Receipt Form serves as a receipt for property taken into custody and documents the release of property to other entities. The Property Release Form also authorizes the release of property. No property is released without a completed Release Form.

Question 218

Procedure for Field release of Property

Answer 218

Officers who seize or recover property and are able to determine ownership in the field may release the property immediately to the owner, with the approval of the on-duty supervisor, if the physical property is not needed for prosecution in a criminal case.

Question 219

Marking and Packaging

Answer 219

All collected property is marked for identification and packaged to avoid contamination by the initial officer receiving the property or evidence. A Property Packaging Manual is provided to ensure proper packaging of items.
2. When unable to mark the exhibit itself (such as in the case of stains, hair, blood, controlled substances, etc.), place the item in a vial, envelope, container or other suitable package, then seal and mark the container.
3. There are a variety of containers and materials for use in packaging physical evidence and other property. Officers strive to use the size and type container appropriate for the type of property. An assortment of packaging materials and supplies for this packaging along with the Packaging Manual are located in the patrol section and investigations section. The Property Custodian is responsible for maintaining property packaging and storage supplies.
4. Always package FIREARMS, MONEY AND CONTROLLED SUBSTANCES separately from other property or evidence items.
Firearms Evidence - The collection of firearms is appropriate for both criminal and non-criminal cases. Due to the very nature of these items, extreme care is taken to ensure the safe handling of the weapon and preservation of its evidentiary value.
a. Firearms: NEVER PLACE A LOADED FIREARM INTO AN EVIDENCE STORAGE LOCKER.
Exception: Officers who cannot unload

Question 220

Money

Answer 220

Itemize all monies by denomination and quantity on the approved money form before placing it into a property locker.

Question 221

Jewelry

Answer 221

Package jewelry items individually in an envelope, box, bag, or other suitable container as appropriate.

Question 222

Bicycles:

Answer 222

All bicycles or portions thereof, retained by police services are placed in the sally port area. Different levels of security for the storage of bicycles may be utilized dependent on the property classification of the bicycle (Evidence vs. Found Property).

Question 223

Motor Vehicles

Answer 223

Motor vehicles requiring retention are stored at the approved impound storage facility. Small motorized scooters are stored in the sally port. Note: Vehicles may be temporarily stored at the police facility while being processed during a crime scene search with the keys held in dispatch.

Question 224

License Plates

Answer 224

License plates are the property of the Department of Motor Vehicles (DMV) from the state of jurisdiction. The public is permitted to use the license plate when the annual fees have been paid. License plates maintained as evidence are logged into evidence. Officers attempt to return found license plates to their owner. If that is not feasible, the officer logs the plate into property. The Property Custodian is then responsible for returning the plates to the owner or destroying the plates.

Question 225

Property Storage

Answer 225

The following types of property and evidence are stored separately and according to the listed guidelines. Other miscellaneous types of property may be stored separately as the Property Custodian determines.

1. Firearms
   a. The Property Custodian stores all firearms in containers (boxes) specifically designed for handgun, rifle and/or shotgun. Exceptions can be made for those weapons which, due to size or other considerations, are not compatible for storage in such containers.
   b. The Property Custodian segregates all firearms from other types of property retained. All firearms, REGARDLESS OF PROPERTY CLASSIFICATION, are stored inside the property room. NEVER store ammunition with firearms. All ammunition is stored in the ammunition bin.

Question 226

Photographs

Answer 226

The Property Custodian stores undeveloped film canisters separate from other types of evidence the Department retains.

b. Upon an investigator’s request, the Property Custodian transports film and negatives to a private vendor for processing.
c. The investigator submits a Property Form and enters the prints into evidence. A set of prints remain with other items associated with the case. The investigator may retain a separate set of prints as a working copy during follow-up. After finishing, the investigator forwards the prints to the District Attorney as a part of the case file, or destroys them.

Question 227

Release Authority

Answer 227

A court order is required for the release or disposal of property seized pursuant to a search warrant.

2. Court action involving all suspects must be final and the District Attorney’s Office must approve the release.
3. All evidence or property collected in homicide cases is stored until the death of the defendant(s) or 99 years from the date of incident

Question 228

Found Property

Answer 228

The investigating officer or the Property Custodian attempts to determine and contact the owner(s) of found property. Officers call that person instructing them to contact the Property Custodian to schedule an appointment and claim their property.
b. The owner has 90 days to establish ownership and claim the property.

Question 229

Destruction of Narcotics/Controlled Substances

Answer 229

The Property Custodian destroys controlled substances and narcotic paraphernalia after receiving authorization for such disposal.
b. If a controlled substance is evidence in a criminal case filed with the District Attorney, destruction may not take place until the case is disposed and authority for disposal is given by the prosecutor assigned to the court. This authorization may be verbal and noted on the Request for Disposal form. Other controlled substances may be disposed of summarily by the department.

Question 230

Disposition of Unclaimed Property

Answer 230

Found property of value not claimed within 90 days is subject to auction. Stolen or embezzled property is subject to auction if unclaimed by the owner after notification of a 90-day limit to reclaim the item.
2. Unclaimed property, not governed by statute, after being held 90 days from the date the owner was notified to claim the property, is subject to auction, destruction, or diversion to department use.

Question 231

Auction of Unclaimed Property

Answer 231

Unclaimed property may be auctioned by the City or may be auctioned by a private company contracted by the City.