FTO - Objective 5

Question 1

18-7001
Malicious Injury to Property

Answer 1

(1) Except as otherwise provided in subsection (2) of this section, every person who maliciously injures or destroys any real or personal property not his own, or any jointly owned property without permission of the joint owner, or any property belonging to the community of the person’s marriage, in cases otherwise than such as are specified in this code, is guilty of a misdemeanor.

(2) A person is guilty of a felony, if:
(a) The damages caused by a violation of this section exceed one thousand dollars ($1,000) in value; or
(b) Any series of individual violations of this section are part of a common scheme or plan and are aggregated in one (1) count, and the damages from such violations when considered together exceed one thousand dollars ($1,000) in value.

Question 2

18-705
Resisting and obstructing officers

Answer 2

Every person who wilfully resists, delays or obstructs any public officer, in the discharge, or attempt to discharge, of any duty of his office or who knowingly gives a false report to any peace officer, when no other punishment is prescribed, is punishable by a fine not exceeding one thousand dollars ($1,000), and imprisonment in the county jail not exceeding one (1) year.

Question 3

18-7902
Malicious harassment

Answer 3

It shall be unlawful for any person, maliciously and with the specific intent to intimidate or harass another person because of that person’s race, color, religion, ancestry, or national origin, to:

(a) Cause physical injury to another person; or
(b) Damage, destroy, or deface any real or personal property of another person; or
(c) Threaten, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts described in subsections (a) and (b) of this section will occur.

Question 4

18-8002
Tests of Driver for Alcohol Concentration/Drugs

Answer 4

(1) Any person who drives or is in actual physical control of a motor vehicle in this state shall be deemed to have given his consent to evidentiary testing for concentration of alcohol as defined in section 18-8004, Idaho Code, and to have given his consent to evidentiary testing for the presence of drugs or other intoxicating substances, provided that such testing is administered at the request of a peace officer having reasonable grounds to believe that person has been driving or in actual physical control of a motor vehicle in violation of the provisions of section 18-8004, Idaho Code, or section 18-8006, Idaho Code.
(2) Such person shall not have the right to consult with an attorney before submitting to such evidentiary testing.
(7) “Actual physical control” as used in this section and section 18-8002A, Idaho Code, shall be defined as being in the driver’s position of the motor vehicle with the motor running or with the motor vehicle moving.
(10) A person who submits to a breath test for alcohol concentration, as defined in subsection (4) of section 18-8004, Idaho Code, may also be requested to submit to a second evidentiary test of blood or urine for the purpose of determining the presence of drugs or other intoxicating substances if the peace officer has reasonable cause to believe that a person was driving under the influence of any drug or intoxicating substance or the combined influence of alcohol and any drug or intoxicating substance. The peace officer shall state in his or her report the facts upon which that belief is based.

Question 5

18-8004(3)
DRE Testing for Drugs

Answer 5

(3) If the results of the test requested by a police officer show a person’s alcohol concentration of less than 0.08, as defined in subsection (4) of this section, such fact may be considered with other competent evidence of drug use other than alcohol in determining the guilt or innocence of the defendant.

Question 6

23-505
Transportation of alcoholic beverages

Answer 6

(1) Alcoholic liquor lawfully purchased may be transported, but no person shall break open, or allow to be broken or opened any container of alcoholic liquor, or drink, or use, or allow to be drunk, or used any alcoholic liquor therein while the same is being transported. Provided however, that an unsealed alcoholic beverage container may be transported in an enclosed trunk compartment or behind the last upright seat of a vehicle which has no trunk compartment.
(2) No person in a motor vehicle, while the vehicle is on a public highway or the right-of-way of a public highway may drink or possess any open beverage containing alcoholic liquor, as defined in section 23-105, Idaho Code, beer as defined in section 23-1001, Idaho Code, or wine as defined in section 23-1303, Idaho Code, unless such person is a passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, or in the living quarters of a recreational vehicle as that term is defined in section 49-119, Idaho Code. Violation of this section is a misdemeanor for the individual in actual physical control of the vehicle, as defined in section 18-8004, Idaho Code, and an infraction for other individuals violating this section.

Question 7

23-602
Unlawful manufacture, traffic in, transportation, and possession of alcohol beverage.

Answer 7

Except as authorized by title 23, Idaho Code, any person who shall have in possession, manufacture, transport, purchase, sell, or dispose of any alcohol beverage, including any distilled spirits, beer or wine, shall be guilty of a misdemeanor.

Question 8

23-603
Dispensing to a person under the age of twenty-one years

Answer 8

Any person who is eighteen (18) years of age or older who shall sell, give, or furnish, or cause to be sold, given, or furnished, alcohol beverage, including any distilled spirits, beer or wine, to a person under the age of twenty-one (21) years shall be guilty of a misdemeanor.

Question 9

39-1805
Eviction of Motel Guests.

Answer 9

(1) A hotelkeeper shall have the right to evict a guest who has failed to pay his hotel bill when due. Before such eviction may occur, demand for payment of the bill must be made and the guest must be requested to leave if the bill is not paid. If the guest fails to pay the bill after such demand, the hotelkeeper may evict such guest by locking the door to his room, removing said guest’s baggage and other personal property, or by any other peaceful means. The hotel shall have the right to hold said baggage and other property as hereinafter provided.

(2) A hotelkeeper also shall have the right to evict a person, whether or not such person is [a] guest of the hotel, who:
(a) Is under the influence of alcohol, drugs or any other intoxicating substances;
(b) Is disorderly so as to disturb the peace of other guests;
(c) Seeks to use the hotel for any unlawful purpose;
(d) Seeks to bring property into the hotel which may be dangerous to other persons (such as firearms, explosives or hazardous or toxic substances) or the possession of which by such person is unlawful;
(e) Destroys, damages or defaces property of the hotel or its guests or threatens to do so;
(f) Would cause or permit any hotel room to exceed its maximum allowable occupancy as established by the hotelkeeper; or
(g) Refuses to abide by reasonable standards or policies established by the hotelkeeper for operation and management of the hotel.

Question 10

49-1401
Reckless Driving

Answer 10

(1) Any person who drives or is in actual physical control of any vehicle upon a highway, or upon public or private property open to public use, carelessly and heedlessly or without due caution and circumspection, and at a speed or in a manner as to endanger or be likely to endanger any person or property, or who passes when there is a line in his lane indicating a sight distance restriction, shall be guilty of reckless driving.
(3) Inattentive driving shall be considered a lesser offense than reckless driving and shall be applicable in those circumstances where the conduct of the operator has been inattentive, careless or imprudent, in light of the circumstances then existing, rather than heedless or wanton, or in those cases where the danger to persons or property by the motor vehicle operator’s conduct is slight. Every person convicted of inattentive driving under this section shall be guilty of a misdemeanor.

Question 11

49-1803
Removal of stolen vehicle

Answer 11

(1) Any authorized officer, upon discovery of a vehicle reported as stolen and not recovered, may take the vehicle into custody and cause it to be taken to and stored in a suitable place, or may cause the vehicle to be placed in the custody of a tow truck operator, all expenses of towing and storage to be those of the vehicle owner unless otherwise determined according to the provisions of section 49-1805(5), Idaho Code.

(2) Within forty-eight (48) hours, excluding weekends and holidays, of the time that the vehicle is taken into custody and is stored pursuant to this chapter, the agency of which the officer is an agent shall give written notice by certified mail to the registered and legal owners of the vehicle, if known. The notice shall state:
(a) That the vehicle has been taken into custody and stored; and
(b) The location of storage of the vehicle.

Question 12

66-326
Mental Health Detention Without Hearing

Answer 12

(1) No person shall be taken into custody or detained as an alleged emergency patient for observation, diagnosis, evaluation, care or treatment of mental illness unless and until the court has ordered such apprehension or, that a person may be taken into custody by a peace officer and placed in a facility, or the person may be detained at a hospital at which the person presented or was brought to receive medical or mental health care, if the peace officer or a physician medical staff member of such hospital has reason to believe that the person is gravely disabled due to mental illness or the person’s continued liberty poses an imminent danger to that person or others, as evidenced by a threat of substantial physical harm; provided, under no circumstances shall the proposed patient be detained in a nonmedical unit used for the detention of individuals charged with or convicted of penal offenses. For purposes of this section, the term “peace officer” shall include state probation and parole officers exercising their authority to supervise probationers and parolees. Whenever a person is taken into custody or detained under this section without court order, the evidence supporting the claim of grave disability due to mental illness or imminent danger must be presented to a duly authorized court within twenty-four (24) hours from the time the individual was placed in custody or detained.

Question 13

Arizona vs. Gant

Answer 13

United States Supreme Court decision holding that the Fourth Amendment to the United States Constitution requires law enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrantless vehicular search incident to arrest conducted after the vehicle’s recent occupants have been arrested and secured.

Question 14

California vs Chimel (Lunge Rule)

Answer 14

The Court reasoned that searches “incident to arrest” are limited to the area within the immediate control of the suspect. While police could reasonably search and seize evidence on or around the arrestee’s person, they were prohibited from rummaging through the entire house without a search warrant. The Court emphasized the importance of warrants and probable cause as necessary bulwarks against government abuse.

Question 15

CC 21-153
Solicitor License Required

Answer 15

No person shallengage in the business of a peddler or canvasser within the city without first obtaining a permit and license. Individual vendors who are participating in events or exhibitions sponsored by a person or entity separate and independent from any vendor are not required to obtain a permit or license.

Question 16

CC 21-21
Business License Required

Answer 16

No person shall engage in any business or activity in the city for which a license fee is imposed by this article, without first having obtained and being a holder of a valid and subsisting license to do so.

Question 17

CC 22-16
Curfew Violation under 16yoa

Answer 17

No minor under the age of sixteen (16) years shall be upon any public place or any private place open to the public between 0000-0500 hours.

Question 18

CC 22-4
Leaving Child Under 10-years-old Unattended

Answer 18

No person shall leave unattended in a standing or parked motor vehicle a child under the age of ten (10) years.

Question 19

CC 24-22
Discharge slingshot, missiles, projectiles

Answer 19

No person shall shoot, throw, sling, fling, hurl or cast any shot, bullet, lead slug, rock, stone, pebble or missle with or by the use of slingshot, sling, flip or any instrument. ~ Archery not included

Question 20

CC 24-29
Loitering on School Property

Answer 20

No person found loitering on school property in the city during the school year or any other time when student activity is in progress shall refuse to disperse or vacate such place when requested to do so by any police officer.

Question 21

CC 24-38
Excessive Noise

Answer 21

(a) No person shall make any noise(s) or excessive or unnecessary sound(s) which disturbs, injures or endagers the comfort, convenience, repose, health, peace, safety and welfare of any other person.
(b) No person on the premises of a restaurant, bank, bar, tavern, theatre, business, public parking facility, or other parking or drive-in facilities are offered and extended tothe public shall not: race the engine, bring to a sudden start or stop any motor vehicle, or commit any other act whereby the quiet of the premises or the neighborhood, or any person, is disturbed.
(c) (2) Operation of a radio, musical instrument, phonograph, television set, tape recorder or other machine producing sound in such a manner as to be plainly audible to a law enforcement officer at a distand of fifty (50) feet is a violation of this section.

Question 22

CC 24-39
Excessive Noise - Tires

Answer 22

(d) No person shall operate any automobile, bus, truck, motorcycle or other motor vehicle in such a manner as to cause any squeeling, screeching or other such noise from the tires.

Question 23

CC 24-8
Discharging Fireworks

Answer 23

(a) As used in this section, these terms shall have the following meanings:
(1) “Authority having jurisdiction” means the Lewiston fire department.
(2) “Fireworks” means any combustible or explosive composition, or any substance or combination of substances, or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation. Fireworks include items classified as common or special fireworks by the United States Bureau of Explosives. The term “fireworks” shall not include any automotive safety flares, toy guns, toy cannons, caps or other items designed for use with toy guns or toy cannons, party poppers, pop-its or other devices which contain twenty-five hundredths (0.25) of a grain or less of explosive substance.
(3) “Nonaerial common fireworks” means any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and not to travel outside a fifteen (15) foot diameter circle or emit sparks or other burning material which land outside a twenty (20) foot diameter circle or above a height of twenty (20) feet. Nonaerial common fireworks do not include firecrackers, jumping jacks, or similar products.
(4) “Permit” means an authorization given by the authority having jurisdiction pursuant to section 24-9 of this code.
(5) “Special fireworks” means any fireworks designed primarily for display and classified as special fireworks by the United States Bureau of Explosives or designated as UN 0335 1.3G.
(b) No person in the city shall possess fire or discharge any fireworks other than nonaerial common fireworks. Nonaerial common fireworks may be possessed and discharged during the times that nonaerial common fireworks may be sold at retail, as provided in section 24-9 of this code; provided, however, that the fire marshal may permit the public display by responsible persons or organizations of fireworks of such character and in such location as in the fire marshal’s judgment shall not be hazardous to surrounding property or endanger personal safety as defined by Idaho Code, Section 39-2605.
(c) It shall be unlawful for any person, except in compliance with this section, to:
(1) Alter any fireworks;
(2) Throw any fireworks from, into, or at a moving vehicle or at any person;
(3) Sell or use any fireworks at any time not permitted under this chapter;
(4) Use fireworks in any area that constitutes a severe fire threat based on the vegetative conditions during the current fire season as determined by the county commission or authority having jurisdiction; provided, that notice of such areas is given in advance.
(d) The parents, guardians or other persons having custody or control of a minor shall be liable for damage caused by the use of fireworks by the minor.
(e) Any person using or possessing fireworks in violation of the provisions of this section or any rules issued hereunder is guilty of a misdemeanor punishable as provided in section 1-7 of this code. Possession and/or the use of fireworks prohibited by this section is hereby declared a public nuisance and a threat to public safety and any such fireworks may be confiscated by the Lewiston police department or the Lewiston fire department. (Ord. No. 4578, § 2, 5-14-12)

Question 24

CC 6-2
Open Container

Answer 24

No person shall consume any beer, wine, liquor or any other alcoholic beverage or have in his possession any open container or receptacles containing such on any public parks, grounds, streets, alleys, sidewalks, right-of-ways, or public areas open to the public.

Question 25

PM 1.07
Post-Traumatic Incident Procedures

Answer 25

I. PURPOSE
To provide guidelines that shall be uniformly applied following any officer-involved incident that has resulted in death or serious bodily injury, in order to minimize the chances that involved personnel will develop or suffer from post-traumatic stress disorder.

II. POLICY
Law enforcement duties can often expose officers and support personnel to mentally painful and highly stressful situations that cannot be resolved through normal stress coping mechanisms. Unless adequately treated, these situations can cause disabling emotional and physical problems. It is understood that each person handles stressful incidents in a different way, but it has been found that officer-involved incidents resulting in death or serious bodily injury to a citizen or a fellow officer may precipitate such stress disorders. Therefore, it shall be the policy of the Lewiston Police Department to take immediate action after such incidents to safeguard the continued good mental health of all involved personnel.

III. DEFINITIONS
A. Post-Traumatic Stress Disorder: An anxiety disorder that can result from exposure to short-term severe stress, or the long-term buildup of repetitive and prolonged milder stress.
B. Officer-Involved Incident: A line-of-duty incident where death or serious bodily injury to an officer or other person is involved.

IV. PROCEDURES
A. Handling of Officers at Scene of Incident:
1. A supervisor shall be dispatched to the scene of the incident and shall assume responsibility in providing care for involved personnel.
2. The supervisor shall make appropriate arrangements for all necessary medical treatment.
3. During any period where the involved officer is required to remain on the scene, but has no immediate duties to fulfill, the officer shall be taken to a quiet area away from the scene of the incident. A supportive friend or officer should remain with the officer(s), but should be advised not to discuss the details of the incident. Officers should make only reassuring and supportive comments to the officer.
4. The supervisor should arrange for the officer(s) directly involved in the incident to leave the scene as soon as possible and be taken to a quiet setting.
5. Where possible, the supervisor shall briefly meet with the involved officer(s).
a. Caffeine or other stimulants or depressants should be discouraged unless administered by medical personnel.
b. Only minimal, preliminary questions should be asked about the incident. The questions should be directed to locations or identification of suspect(s) and security of the scene. The officer(s) should be advised that a more detailed briefing will be conducted at a later time.
c. Any standard investigations that will occur concerning the incident should be discussed with the officer(s).
d. The officer(s) should be advised that the City Attorney may be consulted at any time, if the incident is such that legal counsel may be needed. If the officer(s) desires counsel other than the City Attorney, the officer(s) may consult with other legal counsel at the officer(s) own expense. If the officer(s) desires the City to pay for the expense of legal counsel other than the City Attorney, the officer(s) should make a request through the Police Chief.
e. The officer(s) should be advised not to discuss the incident with anyone except the City Attorney, Assistant City Attorney, private attorney, union representative, departmental or authorized investigator until the conclusion of the preliminary investigation.
6. The supervisor shall determine whether the circumstances of the incident require that the officer(s) duty weapon be taken for analysis. Where the duty weapon is taken, the supervisor shall:
a. Take custody of the weapon, if required, in a discrete manner and;
b. Replace it with another weapon as soon as possible, or advise the officer that it will be returned or replaced at a later time, as appropriate.
7. Involved officers should notify his/her families about the incident as soon as possible. If an officer is unable to do so, a designated department member should personally notify the family, and arrange for transportation, if necessary.
8. At all times, when at the scene of the incident, the supervisor should handle the officer(s) and all involved personnel in a manner that acknowledges the critical nature of the incident.

B. Post-Incident Procedures

1. If circumstances of the incident requires, involved personnel shall be removed from the line duties but shall remain available for any necessary administrative investigations.
2. Depending on the incident, all officers directly involved may be required to contact an agency designated specialist for counseling and evaluation as soon as practical after the incident. All officers directly involved in a shooting incident should, as soon as practical, be offered professional counseling. Involved support personnel should also be encouraged to contact such specialists after an incident. After the counseling sessions, the specialist will be asked to advise the Chief of Police, or his/her designee;
   a. Whether it would be in the officer’s best interest to be placed on administrative leave or light duty, and for how long;
   b. What will be the best-continued course of counseling.
3. The department strongly encourages the families of the involved officer(s) to take advantage of available counseling.
4. Any department investigation of the incident shall be conducted as soon and as quickly as practical.
5. The department should brief other members concerning the incident so that rumors are kept to a minimum.
6. All personnel involved in the incident should be advised that he/she should not speak with the media about the incident. Officers and other personnel shall refer inquiries from the media to the designated department public information officer, unless otherwise authorized to release a statement pertaining to the incident.

C. Daily Stress Recognition

1. As post-traumatic stress disorders may not arise immediately, or the officer(s) may attempt to hide the problem; each department member should watch for unusual behavior after the incident. If unusual behavior is observed, a supervisor should be notified.
2. The Chief of Police or his/her designee may order an officer to seek assistance or counseling from a mental health specialist upon a reasonable belief that stress may be disrupting the officer’s job performance.

Question 26

PM 1.10
Internal Affairs Procedure

Answer 26

I. PURPOSE
This procedure is established to ensure that complaints against members of the department will immediately, thoroughly and impartially be investigated in order to:
A. Maintain public confidence in the integrity and propriety of department members.
B. Clear any member who is improperly accused.
C. Correct an errant member.
D. Institute disciplinary action, when appropriate.

II. COMPLAINTS
A. A complaint, which requires the use of this procedure, is any allegation of misconduct on the part of a department member by another member of the department, other agency, or any citizen which alleges:
1. Violation of any law.
2. Violation of any department order.

B. Exceptions to the use of this procedure:

1. Complaints and inquiries regarding department policies and procedures. Such complaints will be immediately accepted by any member of the department and reported via memorandum through the chain of command to the Chief of Police for evaluation and resolution.
2. Complaints and inquiries of a minor nature received by an on-duty supervisor that meet the following conditions:
   a. The complaint or inquiry can be resolved satisfactorily on a shift level basis by a first-line supervisor in a timely manner.
   b. Such option and resolution is fully explained to the complainant and a more formal resolution is not desired.
   c. The Section Commander is briefed on circumstances and facts surrounding the complaint and final resolutions, and notes are recorded by the supervisor sufficient enough to prepare a formal report if so required in the future.

III. RECEIVING AND REPORTING COMPLAINTS FROM OUTSIDE THE DEPARTMENT
A. Every member of the department has the responsibility to:
1. Immediately and politely accept a complaint made by any person at any time. The only exception will be complainants who are obviously intoxicated or display greatly impaired judgment. Such persons will be advised to recontact the department.
2. Inform the complainant that the matter will be investigated. No remarks will be made as to the results of the investigation or to discourage cooperation by the complainant.
3. Request the complainant’s name, address, residence and business telephone number as well as that of any witnesses. Inform the complainant that this information will assist in the investigation and permit the Chief of Police to inform him/her of the result. If a complainant does not wish to provide this information, it will in no way affect the course of this procedure.
4. Complete the department complaint form (Appendix A) and attach copies of any related material such as department reports or complainant’s letters.

B. In the event that the department member who is first contacted by a complainant is not a supervisor, he/she shall refer the complainant to an appropriate supervisor.

C. The complainant involved in the incident will be given a copy of the document explaining the resolution of complaints against police employees. (Appendix D) After he/she have reviewed the document he/she will be asked to complete the Personnel Complaint Worksheet, (Appendix E) acknowledging the truth of the facts and details through a sworn and notarized statement. Failure to comply with this request will be so noted on the document by the member present. The complainant will be given a copy of the worksheet.

IV. INITIATING A COMPLAINT WITHIN THE DEPARTMENT
A. Any member of the department who has cause to believe that another member has acted in a manner seriously contrary to the public interest or the good reputation or operation of the department by violating a law or department order will complete the department complaint form or will immediately notify his/her supervisor with details of the incident. The supervisor will determine the course of action and submit it to the accused member’s Section Commander, and if warranted, a complaint will be filed.
If the accused is a command officer, the department complaint form will be submitted directly to the Chief of Police.

B. A member initiating a complaint against another member, or who notifies his/her supervisor verbally, will prepare a memorandum containing all necessary facts and forward the memorandum to his/her supervisor with a copy to the Section Commander.

V. INVESTIGATION OF COMPLAINTS
A. If a complaint against a member of the department alleges serious misconduct:
1. The member who records the complaint will request the complainant to remain or make him/herself available for immediate interview by the accused member’s supervisor or Section Commander.
2. Upon notification of the complaint, the Section Commander or officer in charge will interview the complainant and complete a preliminary report (memorandum) to be attached to the department complaint form.
3. If necessary, the Section Commander or officer in charge will take necessary and appropriate corrective action.
4. The officer in charge will notify the accused member’s Section Commander of the charges. If the member’s Section Commander is not available, then notify the appropriate Division Commander or Chief of Police.
5. As soon as possible, the officer in charge will deliver the complaint to the accused member’s Section Commander. The Section Commander will hand carry the complaint to the Chief of Police for review and assignment of an “IA” number and entry in the master complaint log. (Appendix B)

B. If the complaint does not involve misconduct as described in Section V., Subsection A.; the member who records the complaint will give it to his/her supervisor for dissemination.
1. For unresolved complaints, the officer in charge may begin a preliminary investigation. The officer in charge will notify the accused member’s Section Commander of the complaint. The Section Commander will forward the complaint to the Chief of Police.

C. The Professional Standards Unit will normally conduct the investigation of a complaint. The Professional Standards Unit, with the approval of the Chief of Police, may assign additional personnel to the investigation if the nature of the complaint warrants such assignment.

D. The Master Complaint Log will be maintained by the Chief of Police. The following information will be recorded on the log:

1. “PSI” Number (“PSI - Current Year - Next Number in Sequence) Example: PSI 88-1.
2. Date complaint was received.
3. Accused members name.
4. Complainant’s name.
5. Final adjudication.

E. The log shall be securely maintained and its contents will only be released on the approval of the Chief of Police.

F. All department internal investigations will be conducted by the guidelines established in the Lewiston Police Department Rules; 400.020 (Internal Investigation/Employee Bill of Rights), 400.030 (Allegation of Non-Criminal Misconduct), 400.040 (Allegation of Criminal Misconduct); S.E.I.U. Contractual Agreement and the City Personnel Policy.

1. During the course of the investigation, members being investigated are prohibited from contacting the complainant except in the normal course of duties, or unless so directed. Once a complaint has been logged and assigned by the Chief of Police, the complainant will be contacted by the assigned investigator. Those individuals involved in the investigation, i.e. complainant, member under investigation, witness, potential witness, anyone with knowledge, etc., are prohibited from discussing the investigation in any manner, form or forum.
2. Members being investigated will normally be notified by the assigned investigator that he/she is being investigated and will sign the complaint form indicating he/she acknowledges that a complaint has been lodged.
3. The Chief of Police or his/her designee will notify the Union by certified mail and the Chief Steward, or in his/her absence, the first vice-president.
4. The only exception would be a criminal investigation or those which involve current or on-going conduct which is considered to be an extremely serious violation of department rules or regulations and such notification would significantly hamper a successful investigation.

VI. REPORTING ON INVESTIGATIONS AND FINDINGS
A. The Professional Standards Unit should provide the Chief of Police with a progress report within seven (7) days of the date the complaint was received and each seven (7) days thereafter until the investigation is completed. A completed investigation will be returned on or before the assigned completion date unless an extension has been granted by the Chief of Police.

B. Upon completion of the investigation, the Professional Standards Unit will fill out the Final Disposition Report (Appendix C) except the portion titled (Action Taken Relative To Complaint). The Professional Standards Unit will include this document in the I.A. File and will provide the accused member’s Section and Division Commander with the documentation of the investigation for their review.
1. The Division Commander will return the file, with recommendations, to the Chief of Police within four (4) business days, or will request additional information from Professional Standards, and in this case will return the file within eight (8) business days to the Chief of Police.

C. These reports are confidential and no member will have access to these reports unless specifically approved by the Chief of Police.

D. Based on facts included in the report, the investigation must indicate whether or not a law or department order was violated. One of the following findings will then be made by the Professional Standards Unit for each specific allegation citing the specific law or department order which was violated.

1. Unfounded - The allegation is false or not factual.
2. Exonerated - The alleged incident occurred, but was lawful or proper.
3. Not Sustained - There is insufficient evidence to prove or disprove the allegation.
4. Sustained - The allegation is supported by sufficient evidence to substantiate the allegation.

E. If the allegation is sustained, the Division Commander will recommend action to the Chief Of Police.

F. If the findings are “Unfounded, Exonerated, or Not Sustained”, no record of the investigation will be placed in the member’s personnel file. It is to be clearly understood that only a fully investigated and clearly proven “Sustained” allegation may result in disciplinary action or any record in the accused’s personnel file.

G. Written notification will be given to any accused member of the complaints final disposition and will be signed by the Chief of Police. The Chief of Police will notify the member’s Division Commander of the discipline decision.

VII. DISCIPLINARY ACTION PROCESS
A. The Chief of Police will notify the Union by certified mail and the Chief Steward, or in his/her absence the first vice-president, following notification of the member of any pending IAC or disciplinary action in writing. Notification will be made by the Chief of Police or his/her representative and will include the member’s name.

B. The Chief of Police will follow disciplinary proceedings as outlined in the City Personnel Policy.

VIII. FILE SECURITY
All files of complaint investigations will be retained under security of the Chief of Police. The files will include original documents pertaining to the investigation.

IX. RELIEVING A MEMBER FROM DUTY
A. Section 1203 - City of Lewiston Personnel Policy
1. The City Manager or any Department Manager may take disciplinary action against an employee under his/her control for one or more of the causes for discipline specified in Section 1202, Causes for Disciplinary Action.
2. The City Manager may suspend an employee for cause from the employee’s position at any time, pending the result of disciplinary action.
3. A Department Manager may delegate to supervisory employee(s) the authority to relieve an employee of the employee’s duties in emergency situations, pending further action by the Department Manager.
4. A Department Manager may suspend an employee under the employee’s supervision for not more than three (3) working days at any one time without the approval of the City Manager. Written notice of suspension shall be given an employee within three (3) working days after such action. An employee may appeal such action in the manner provided in, Disciplinary Actions, of this policy.

X. NOTIFICATION
Suspensions, demotions and discharges will appear on a department personnel order. In the event the complaint has come from outside the department, the complainant will be notified in writing that action has been taken by the Chief of Police, or his/her designee.

XI. APPEALS
Any accused or disciplined member may appeal discipline in accordance with the City Personnel Policy or the Collective Bargaining Agreement.

XII. EXPUNGEMENT FROM PERSONNEL FILES
A disciplined member may petition the Chief of Police after a period of three years to have any record of the disciplinary action removed from the member’s personnel file if the action did not document a suspension or loss of pay.

Question 27

PM 1.28
Consumption Of Intoxicating Beverages On Duty

Answer 27

During the course of special investigations, department personnel involved in situations that require the consumption of intoxicating beverages to enhance his/her credibility and/or not arouse suspicion. The following guidelines will be followed in regards to consuming intoxicating beverages in the performance of duty.

Question 28

PM 2.02
Minimum Staffing Levels

Answer 28

III. REQUIREMENTS
A. Watch # I (Day Shift)
1. No less than four (4) officers will be scheduled on each day of the week.

B. Watch # II (Swing Shift)

1. No less than four (4) officers will be scheduled to work each day.
2. Six (6) officers will be formed from a combination of Watch # II and Watch # III officers during the overlap of Watch # II and Watch # III.

C. Watch # III (Graveyard)

1. Six (6) officers will be formed from a combination of Watch # II and Watch # III officers during the overlap of Watch # II and Watch # III.
2. No less than four (4) officers will work each day of the week after Watch # II ends.

Question 29

PM 2.07
Juvenile Detention Procedure

Answer 29

1. Admission
   a. Juveniles arrested of any misdemeanor or felony crimes as defined in specific Idaho Code, can be detained at the Detention Center, except those juveniles charged as adults, or status offenders without a valid court order.
   1) For purposes of the definition of status offenders, runaway juveniles shall not be detained at the Detention Center without a valid court order, unless they are from a foreign jurisdiction.
   a) Foreign jurisdictions shall be defined as any youth who does not reside within the boundaries of the State of Idaho.
   b) For in-state status offenders from out of the area, contact Court Services for assistance in maintaining a watch on the juvenile until responsible party can respond.
   b. Juveniles committed to detention by order of the court will be detained at the Detention Center.
   c. Juveniles who have committed a probation violation will not be held at the Detention Center without a court order.
   d. Juveniles under the influence of intoxicants or drugs will not be held at the Detention Center, except those juveniles suspected of misdemeanor or felony crimes defined in specific Idaho Code. In those instances, a medical certification of fitness for detention, completed and signed by a licensed physician, shall be presented to staff at the Detention Center prior to admission.
   e. Juveniles suffering from mental illness will not be held in the Detention Center, except those juveniles suffering from mental illness who are suspected of misdemeanor or felony crimes defined in specific Idaho Code. In those instances, a mental certification of fitness for detention, completed and signed by a licensed mental health examiner, shall be presented to staff at the Detention Center prior to admission.
2. Detaining Officer Procedure
   a. The detaining officer shall make a diligent effort to contact the juvenile’s parents/responsible adult and notify them of the juvenile’s status. And where appropriate, the officer shall make any and all reasonable efforts to release the said juvenile to their parents/ responsible adults custody, providing the community can be ensured that it is reasonably safe from the offender.
   b. When possible, the officer should call the appropriate probation officer of the juvenile (if on probation) and notify them of the status of the juvenile and the circumstances surrounding the case.
   c. If the officer determines the juvenile being detained is a candidate for detention, they shall contact the Detention Center via telephone as soon as possible
   d. If the juvenile is to be placed in detention, the officer will transport the juvenile to the Detention Center.
   e. The above noted procedures shall be completed by the detaining officer prior to the transport of the juvenile to the Detention Center.
3. The detaining officer shall supply the Detention Center with information to assist the detention center staff in filling out the Information Sheet (a state requirement) upon admission of the juvenile to the facility. The officer shall complete the appropriate blanks in the Agency Request portion of the form, and sign and date it. (Appendix A)
4. Fingerprinting and Photographing of Juveniles
   Juveniles who have been contacted for committing a misdemeanor or felony crime, can, in certain instances be taken to the police department to be fingerprinted and photographed. This can be done whether or not the juvenile meets the criteria for being taken to the Juvenile Detention Center, but the officer sees the benefit of having the juvenile’s picture and fingerprints on file.
   The Officer will take fingerprints of the juvenile using the fingerprint area near the evidence area of the station. The officer will use one fingerprint card. The officer taking the fingerprints will fill out the fingerprint card completely before turning it over to the evidence section to be processed. Fingerprint cards will be turned over to the property custodian via the evidence transfer area. These will then be sent to ISP for processing and filing. The photograph of the juvenile will be taken in the designated area. The photograph of the juvenile will be two pictures looking directly at the camera. This photograph should be from approximately the shoulders up. The photographs will be saved to a flash drive or similar device or emailed and given to the Computer Specialist, with the juveniles name and/or name number attached. The Computer Specialist will download the photographs into Spillman.
   Officers who have brought a juvenile to the station to be fingerprinted and photographed will attempt to make contact with the juvenile’s parents or guardian as soon as the process is completed. The juvenile will then be released to the responsible adult or detained at the Juvenile Detention Center, as soon as feasible. The juvenile will not be left unsupervised at the station for any reason.
   Officers will document in their report that they brought the juveniles to the station to be fingerprinted and photographed.

Question 30

PM 2.10
Processing DUI Suspects

Answer 30

II. DEFINITION
Drunk Driver: Any person who is driving or in actual physical control of a motor vehicle with a blood alcohol level in excess of the statutory limits set forth in Idaho Code or under the influence of alcohol, drugs, or other intoxicating substances.

III. PROCEDURE
A. Once probable cause for the continuance of the investigation is established, the officer will stop the vehicle and contact the driver. If the driver exhibits indications of intoxication, the audio recorder, if available, will be actuated.
B. Based upon the observations, the officer will then require the driver to perform field sobriety tests to allow a determination of whether or not to arrest the driver. The following tests, unless circumstances do not allow them, will be given in this order:
1. Horizontal Gaze Nystagmus
2. Walk and Turn
3. One Leg Stand
Additionally, officers may require other test(s), such as; reciting the alphabet, counting backwards (using at least 20 numbers), finger to nose, etc. or any other test the officer is comfortable in administering, when circumstances dictate.
C. If the officer decides to make an arrest, the suspect will be handcuffed, searched and placed into the patrol unit.
D. The driver will be transported to the Nez Perce County Annex, Intoxilyzer Room, for the administration of the evidentiary test requested by the officer.
E. If a breath test is to be offered, the officer will conduct a visual check to assure that nothing foreign is in the suspect’s mouth. The officer will record the time from the Intoxilyzer on the instrument printer card.
F. The ALS Advisory Form will either be read to the subject or the audio CD will be played, and the officer will attempt to answer questions. The form does not have to be read verbatim, but the person should be substantially informed of the information on the form. If the subject agrees to evidentiary test(s), the first choice should be breath. The CD is provided in either English or Spanish.
1. Two breath samples should be obtained. If the suspect provides only one valid sample, it is a legal test and does not constitute a refusal.
2. If the suspect does not provide a sufficient breath sample, the officer should inquire if the suspect suffers from a physical condition which prevents him/her from successfully completing the breath test. If so, the officer should request blood (unless the suspect demonstrates a fear of needles), then the third option is urine.
3. If a urine test is administered and the sample is for alcohol analysis only, the officer shall have the subject “void” (empty bladder), wait the necessary time (approximately twenty minutes) collect a sample and submit it for analysis.
Note: When collecting urine for the analysis of inhalants or other drugs, it is not necessary to perform a “void” and any initial urine sample that is collected may be used for analysis.
G. Upon completion of the testing procedure and the person is determined to be legally intoxicated; or who submits to a blood or urine test; or who refuses to submit to the requested test, they shall be incarcerated in the Nez Perce County Jail.
1. Exception:
a. Persons arrested for DUI who are under the age of eighteen will be released to a parent, guardian or responsible adult or as a last resort, will be placed in the Juvenile Detention Facility.
b. Persons arrested for DUI who do not have a blood alcohol level over the legal limit; and no competent evidence exists to establish use of drugs or other intoxicating substances will be released. They will be provided transportation to their vehicle or other local destination.
c. A person that is hospitalized as a result of an accident or injury, or a person that the jail facility will not accept should be issued a complaint and summons, released to a responsible person or allowed to remain at the treating facility.
H. A written report will be completed which may include; narrative, supplemental(s), 18-8002 Advisory, Alcohol Influence form, Rights Warning, Citation, Probable Cause forms and the Intoxilyzer print out, in addition to any other necessary forms not yet determined.

Question 31

PM 2.12
Impoundment Of Vehicles

Answer 31

II. POLICY
A. The department recognizes that vehicles occasionally must be impounded for a variety of reasons. Further, the department has the responsibility to inventory impounded vehicles to insure protection from loss, theft, damage and to protect the officer and citizen from potential danger. Any inventory is to provide:
1. Protection of contents.
2. Protection of the department against civil claims.
3. Protection of the public and officers by determination of whether the vehicle contains any hazardous substances.

III. PROCEDURE
A. Non Emergency Abandonment
1. Upon receiving the initial complaint, the responding officer will use all means within reason to contact the owner and have the vehicle removed without any further involvement by the police department.
2. If the owner cannot be located and remove the vehicle, the officer will attach a 48-hour sticker upon the vehicle.
3. After placing a 48-hour notice upon the vehicle, the officer will make a report that details the attempts to contact the owner and the fact that the vehicle has been tagged.
4. The shift supervisor will review the report for completeness. The report will be routed to the Watch I Supervisor.
5. The Watch I Supervisor will hold the report until the 48 hours has elapsed, then the report will be given to the district officer to check the status of the vehicle.
If the vehicle has been moved, the officer will write a supplemental report.
6. When the vehicle has not been moved, thus making it necessary to tow, the officer will have the contracted tow service respond and take possession of (impound) the vehicle. The officer will complete the impound sheet (Appendix A). The yellow sheet will be sent to Community Programs. Community Programs has the responsibility of determining the appraisal value of the vehicle.
7. Notice of Storage and Notice of Intent to Dispose, must be completed for each registered owner and any lien holders. For those registered owners living with the same last name and at the same address, only one form is necessary.
8. Completed forms, supplemental reports or teletype printouts will be routed to Community Programs.
9. Community Programs will be responsible for mailing the necessary forms to the various named owners/lien holders, and completing the process when the forms are returned.

B. Extraordinary Circumstances Abandonment I.C. 49-1803, (1)

1. If a vehicle is abandoned under extraordinary circumstances, law enforcement may, in the discretion of the officer, direct the immediate towing of the vehicle, and may process (impound) the vehicle under the standard abandoned vehicle procedure.
2. Extraordinary circumstances include any situation where an emergency exists or public safety is endangered, or any situation in which a vehicle;
   a. Is blocking or impeding traffic; or,
   b. Is causing a hazard; or,
   c. Has the potential of impeding any emergency vehicle; or,
   d. Is impeding any snow removal or other road maintenance operations; or,
   e. Has been stolen, but not yet reported as recovered; or,
   f. Is not registered or displays a license plate registration tag which has been expired.
3. Extraordinary circumstances may also include situations where the vehicle has not technically been “abandoned” and yet impounding is justified for other reasons, for example:
   a. The registered owner or person having responsibility for the vehicle has been arrested and no suitable agent is available or acceptable.
   b. The vehicle has been forfeited pursuant to Idaho Code, Title 37, Chapter 27.

C. Inventory Of Impounded Vehicles

1. Whenever a vehicle is impounded, it is in the custody of the department until it is released to its owner, his/her agent or other authorized person. During the time it is in the custody of the department, the vehicle and its contents must be protected from loss through theft and damage from neglect or malicious injury. Re: General Order 2.13 (Motor Vehicle Inventories)
2. Whenever a vehicle is impounded, the officer who initiated the impound shall conduct a complete and thorough inventory of the interior of the vehicle to include the passenger compartment, glove box, trunk, and any other containers, whether closed or unclosed, in the vehicle. Re: General Order 2.13 (Motor Vehicle Inventories)
3. The officer shall record fully and accurately the contents of the vehicle on the vehicle impound sheet and subsequent continuation sheets. Items of inconsequential value need not be recorded. Re: General Order 2.13 (Motor Vehicle Inventories)
4. Large sums of money or any items deemed by the officer to be valuable shall be taken for safekeeping and placed into evidence pursuant to General Order 3.02 (Evidence/Property Control Policy and Procedure)

Question 32

PM 2.15
NCIC Hit, Extradition & Fugitive Warrant Procedure

Answer 32

II. PROCEDURE
An NCIC teletype hit will give descriptive information concerning the wanted subject, a coded number for the type of offense, the agency placing the “want” in NCIC, etc. The investigating or requesting officer shall be immediately notified of an NCIC hit.

A. Prior to effecting the arrest, the following procedure should be followed:

1. The originating agency shall be contacted by telephone and/or send YQ to confirm the validity of the “want” and extradition requirements and also to obtain any information that may assist in positively identifying the suspect as the “wanted” suspect. An on-duty Communications Specialist shall be responsible for placing the call to the originating agency. As soon as the preliminary information is obtained, it shall be communicated to the investigating officer. If the “want” is still valid and after making the normal comparisons to determine that the subject is in fact the same one as involved in the “want”, he/she shall be taken into custody. The on-duty Communications Specialist shall then continue to obtain information that shall be recorded on the Fugitive Warrant Information Form. (Appendix A)
2. It is imperative that the suspect and the incident he/she is involved in be under control and that he/she is not placing the officer and/or citizens in any jeopardy during the time of this confirmation contact with the originating agency.
3. Upon completion of the Fugitive Warrant Information Form, request the originating agency fax our department and Nez Perce County Sheriff’s Office with warrant information.
4. Copies of the arrest report, related incident reports, the Fugitive Warrant Information Form, and related teletypes shall be routed to the Communications section for the necessary processing.
5. The previously filled out Fugitive Warrant information form shall, along with the officers reports and criminal history III, be provided to the Prosecutor’s Office.

Question 33

PM 2.19
Narcotic Detection K-9

Answer 33

III. PROCEDURES
A. Requests for the canine should be made 24 hours in advance, if possible, to accommodate the feeding and resting schedule of the canine.
B. The ultimate authority to terminate the utilization of the canine in the search procedure shall be dictated by the canine handler. The safety of the canine is the first priority when the canine is being used.
C. Any department officer may request the use of the canine during the handler’s normal duty hours with the approval of the Shift Supervisor.
D. Requests for a canine call-out from home or off duty hours will be at the discretion of the Shift Supervisor and/or the Canine Unit Supervisor.
E. Requests for the use of the canine by an outside agency will be approved by the Shift Supervisor or other command officer.
F. The canine handler is responsible for determining whether a situation justifies canine use and the appropriate measures that should be taken.

VII. DRUG DETECTION
Use of narcotic canines in a drug detection capacity is authorized in the following situations and under the following conditions:
1. The Canine Unit Supervisor and the handler shall maintain records that document the use of and proficiency of the individual canines in drug detection. This documentation shall be readily available to other department members or authorized personnel who may need it when seeking warrants.
2. Requested exploratory sniffing of luggage, packages or other inanimate objects may be conducted in public facilities such as airports, train stations, bus terminals, postal services or a parcel delivery services. These searches will only be done when there is reasonable suspicion or probable cause exists to believe that specific items contain illegal narcotics.
3. Field officers may detain specific checked luggage or related items for the purpose of requesting a canine sniff if reasonable suspicion exists and can be articulated to the satisfactions of the canine handler, but may not detain the items so long as to interfere with the owner’s scheduled travel.
4. When a narcotic canine alerts to luggage or related items, in this or other circumstances, a search warrant or consent to search must be obtained before it is opened, unless exigent circumstances exist to conduct an on-site search.
5. The use of narcotic canines in public schools is permitted only when prior arrangements have been made with a designated school official, and the Canine Unit Supervisor or command staff have given prior approval.
6. Narcotic canines may be used to sniff vehicles, aircraft and watercraft when: reasonable suspicion exists to believe the operator or passengers are in possession of illegal narcotics or illegal narcotics are contained within the vehicle.
7. Sniffing of an individual’s person is not permitted under any circumstances.
8. The residence or area that the canine is to be used must be secured prior to entry of the canine team. It is the responsibility of the officers or requesting agency for the safety of the canine team.
9. The canine handler will check for any potential hazards for the canine prior to initiating the search/sniff.
10. Any specific areas where the canine alerts to narcotics will be pointed out by the canine handler to the requesting officer.
11. It will be the requesting officer’s/agency’s responsibility to search, record, and take control of any contraband that is seized. If the search is requested by an outside agency, they will provide the handler with a lab report and incident report outlining the circumstances on the incident.
12. Should narcotics be located, the canine handler will provide a supplement report to the requesting officer/agency.

Question 34

PM 2.20
Animal Control Officer Call Out Procedure

Answer 34

II. PROCEDURE
A. Personnel Authorized To Call Out The Animal Control Officer
1. The on-duty supervisor will have the authority to call out the Animal Control Officer when the following criteria is present: a. A vicious animal, as defined by City Code 8-22, is loose and must be controlled and/or destroyed. b. An animal has injured a person and the incident requires follow-up and a prolonged investigation. c. When officers are involved in situations (other than animal complaints) leaving no officers clear to handle emergency animal complaints.

Question 35

PM 3.01
Case Management System

Answer 35

III. REPORT PREPARATION, REVIEW AND ROUTING
A. The supervisor will insure that a written report is generated when required.
1. As a rule, reports will be called in for transcription on the date they are received. The shift supervisor shall, based on emergency circumstances, determine if a report may be written or called in for transcription at a later time. All reports/supplements and accident reports will be completed prior to the start of the officer’s regular days off.
2. Patrol supervisors will insure that each incident or supplemental report is reviewed, corrected as needed and routed.

IV. CASE ASSIGNMENT
A. Each report will be reviewed by the Investigation Section Commander, Investigations Supervisor, or his/her designee for prioritization, assignment or suspension - predicated upon the solvability and gravity of the offense or incident.

B. When making a determination, the supervisor should consider, but not be limited to, the following solvability factors:
1. Suspect Identity
a. A named suspect or associate.
b. Physical evidence that could identify the suspect.
c. Known location of the suspect.
d. Can suspect be identified by victim/witness?
2. Vehicle
a. License number.
b. Description.
3. Gravity Of The Crime
a. Death or injury to victim/witness.
b. Degree of potential hazard to the victim/witness and/or public.
c. Sex crime involved.
d. Weapon, force or threat used.
4. Property
a. Value/amount of property loss. (Supervisory Discretion)
b. Serialized articles.
c. Uniquely described articles.
5. Investigative Knowledge
a. Significant crime patterns.
b. Modus operandi of known suspects.
NOTE: Supervisory judgment is guided by policy and procedure, the totality of circumstances, the gravity of the offense, the urgency for action and experience.

V. CASE PRIORITIZATION
A. Priority I - Active Investigation:
1. Cases involving homicide, sex crimes, child abuse, robbery, rape, kidnapping, aggravated assault and/or battery, missing person and/or incidents involving serious injury.
2. Cases assigned to an investigator which involves a person who is in custody.
3. Cases which have sufficient leads and/or specific circumstances may require immediate investigation.
4. Cases involving non-crime or suspicious activity, when the circumstances may require immediate investigation.
5. Cases where a lost, stolen or recovered firearm is taken into department custody.
All Priority I investigations assigned to an officer shall be completed and submitted to the concerned supervisor for review and/or approval within eight calendar days from the date assigned, unless the supervisor grants an extension following review of the case.

B. Priority II - Active Investigation:
1. Cases in which the solvability factors as enumerated in Section IV, Paragraph B, Subsection 1 through 5, are present however they do not qualify as a Priority I investigation.
2. Cases which have significant leads present but additional investigation may provide information which could result in a successful disposition of the case.
All Priority II investigations assigned to an officer shall be completed and submitted to the concerned supervisor for review and/or approval within sixteen calendar days from the date assigned, unless the supervisor grants an extension following review of the case.

C. Priority III - Inactive Cases:

1. Priority I and II reports which, after review, are determined that there is not sufficient evidence/information to clear or unfound the report.
2. Cases which do not contain apparent solvability factors as enumerated in Section IV, Paragraph B, Subsections 1 through 5.

D. Priority III reports shall be processed as follows:

1. After initial review, the supervisor who determines that enough of the solvability factors do not exist shall:
   a. Mark the report - III - Inactive
   b. Document that the victim received notification of the inactivation of the investigation.
2. If after conducting the follow-up investigation, an officer determines there is sufficient evidence to either clear or unfound a Priority I or II case, he/she shall:
   a. Advise the reporting victim/person of the decision to inactivate the investigation and note this notification in the final supplemental report.

VI. PATROL FOLLOW-UP PROCEDURE
A. The Investigation Section Commander, or in his/her absence, the Investigation Section Supervisor shall:
1. Determine from which shift the report originated and assign the investigation to the Watch Supervisor.
a. Assignments are made by entering the report and the supervisor’s name into the Patrol Follow-Up Master Log. The report will be placed into the Supervisor’s Folder.
2. The Watch Supervisor will re-assign the case.
a. Each Watch Supervisor will maintain a shift follow-up log that identifies all cases assigned to the shift and which officers are assigned follow-up investigation.
3. The Watch Supervisor will be responsible for the timely follow-up investigation.
a. The assigned officer will complete supplemental reports on all case activity. If the assigned officer is not able to complete the investigation, he/she will complete a supplemental report and it will be up to the Watch Supervisor to decide the following:
1) Transfer the investigation to a different Watch Supervisor for re-assignment. This information will be recorded in the Patrol Follow-up Master Log.
2) Change the status of the investigation to Priority III - Inactive.
3) Upon completion of an investigation, the Watch Supervisor will record the final outcome in the Patrol Follow-up Master Log and return the investigation folder to the Investigation Section.

VII. CASE DISPOSITION
A. All personnel initiating a written report will be required to include a recommendation and/or case disposition at the end of the report. If in the officers opinion the case will receive no further action, the report should reflect that the victim/complainant was so notified.

B. Communications personnel are responsible to complete the clearance and disposition fields located on the law incident face sheet, unless the patrol officer clears it utilizing the MDC. The assigned officer will provide the clearance code, the one-line explanation and the name of any person or responsible contacted especially in responding to alarms.

C. The following clearance code(s) will be used when clearing a call for service:
1. ADV - Advised (Information Provided)
2. AST - Assistance Rendered
3. BCS - Building Checked & Secured
4. FRT - False Report
5. GOA - Gone On Arrival
6. MAL - Malfunction
7. NCA - Natural Causes
8. NOI - No Investigation (No Police Action)
9. RES - Resolved
10. RPT - Written Incident Report
11. UNF - Unfounded
12. UTC - Unable To Capture
13. UTL - Unable To Locate
14. CRF - Citizen Report Form
*A one line explanation is required for the following dispositions:
a. ADV – Advised
b. RES – Resolved
c. UNF – Unfounded

D. The following clearance code(s) will be used when clearing an alarm:
BCS – Building checked & Secured [Officer arrives on scene and checks out]
FRT – False Report [employee error]
MAL – Malfunction [alarm malfunctioned]
NCA – Natural Causes [natural cases/storms]
ACA- Authorized Cancel
RPT – Report completed [a confirmed alarm which is being investigated]

E. The following case dispositions will be used:

1. Cleared by arrest - when:
   a. At least one person is arrested or issued a summons for commission of the offense;
   b. At least one person is charged with commission of the offense; or
   c. The arrested person is turned over to the appropriate court for prosecution.
2. Exceptionally cleared - when:
   a. The investigation has established the identity of at least one of the offenders;
   b. There is sufficient probable cause developed to support an arrest and prosecution of the offender;
   c. The location of the offender is known so an arrest can be made; and
   d. There is a reason outside the control of the department which precludes the arrest, charging and prosecution of the offender. I.e. A through E below:
   1) Death of offender.
   2) Prosecution declined.
   3) Extradition denied.
   4) Victim refused to cooperate.
   5) Juvenile//No custody.
3. Unfounded - when:
   a. The assigned investigator establishes that no criminal offense has occurred or that none was attempted; including allegations determined to be false or civil in nature.
   b. It is determined that the offense occurred in another jurisdiction.
4. Inactive - when:
   a. All available leads have been exhausted and further investigative effort would not result in clearance or unfounding of the report.

Question 36

PM 4.04
Public Records Access

Answer 36

It shall be the policy of the Lewiston Police Department to allow full public access to the records of the department, as specified in Idaho State Code 9-335 through 9-348, while restricting disclosure of information that may compromise an on-going investigation or which is exempt from disclosure under this law, case law, or other laws of the State of Idaho, or United States.
To ensure that the release of records are handled in a fair and consistent manner, all requests under the Idaho Public Records Law shall be made in writing. Exceptions to this provision shall be made only in cases of releases to other criminal justice agencies or in accordance with published guidelines for documents which do not need prior review, such as traffic collision reports.

Question 37

PM 4.05
Uniform Citation Accountability

Answer 37

II. AUTHORITY TO ISSUE IDAHO UNIFORM CITATIONS
Pursuant to Rule 5 of the Idaho Misdemeanor Court Rules, “a peace officer may issue a uniform citation for a citable offense in which he/she shall certify that he/she has reasonable grounds to believe, and does believe, that the person cited committed the offense contrary to law.”
“The uniform citation may be signed by any person in whose presence an alleged offense occurred, and witnessed by a peace officer whose name shall be endorsed on the citation.”

IV. PROCEDURE
A. It shall be the responsibility of the Communications Commander or his/her designee to maintain an inventory control of all uniform citation books. Citation books shall be stored in a secure place designated by the Communications Commander or his/her designee.

B. An officer shall “sign out” a citation book by recording his/her name, the date, and the group number of the citation book on the Uniform Citation Accountability Log. (Appendix A). A Communications Specialist will initial the Uniform Citation Accountability Log upon an officer “signing” a citation book out. The Uniform Citation Accountability Log shall be maintained within close proximity to the storage area of the uniform citations.

C. Upon completing a citation, an officer shall provide the red-bordered copy (Defendant’s Copy) to the defendant, and submit the remaining copies to Communications Section personnel for processing.

1. The white copies and the yellow-bordered copies shall be forwarded to the court.
2. The green-bordered copy (Lewiston Police Department Copy) shall be stored in a place designated by the Communications Commander or his/her designee for the time prescribed by Idaho law. The uniform citations shall be filed by year, in numerical sequence.
3. The Master Name Computer Record of the defendant and/or other party(ies) involved shall be updated as soon as practical and as directed by the Communications Commander or his/her designee. In the absence of an existing Master Name Computer Record, one shall be created.

D. Uniform citations can be voided only by the issuing officer, with the approval of a supervisor. Should a uniform citation be voided, the word “VOID” shall be printed across the citation so that it is plainly visible and imprinted on all copies. An explanation describing why the citation was voided will be written on the citation and initialed by a supervisor. A voided citation shall be submitted to the Communications Section in its entirety.
1. Upon receipt of a voided citation, communications personnel shall retain the green copy pursuant to procedure outlined in IV C.2 of this policy. All other copies shall be destroyed directed by the Communications Commander or his/her designee.

E. Lost and/or completely destroyed citations shall also be accounted for. In the event an officer loses or completely destroys a citation, he/she shall prepare a memo. The memo shall be directed to the Communications Commander or his/her designee and shall include a statement as to which citation (referenced by citation number) was lost and/or destroyed. The above memo will then be filed in numerical sequence among the green-bordered copies (department’s copy) as outlined in IV.C.2 of this policy.

F. A citation that cannot be served on a defendant after reasonable efforts to do so may be eligible for a “warrant request”. If a “warrant request” becomes necessary, the following procedure will be initiated.
1. After the investigating officer has made every attempt to serve the citation, without results, the officer will document his/her efforts to serve the citation in a supplemental report.
The investigating officer will prepare the Affidavit for Warrant Form (Appendix B or C). A supervisor has the responsibility to review the citation and all attached reports to ensure that the request is not involving a felony and/or infraction. The citation and all attached reports will then be forwarded to Communications for processing.
2. Communications personnel shall separate and attach the paperwork as follows:
a. The white, yellow and red copies of the citation, along with all incident and supplemental reports regarding the case will be attached to the Affidavit for Warrant Form. This packet will then be forwarded to the City Attorney’s Office or Nez Perce County Prosecutor’s Office for filing with the court.
b. On the green copy of the citation the communications personnel will write “Warrant Requested” in red ink at the bottom. The citation will be filed pursuant to IV C.2 of this policy.
3. The warrants request paperwork will then be forwarded to the City Attorney’s Office or Nez Perce County Prosecutor’s Office for filing with the court.

G. Issued Citations/Summons - If a citation/summons has been issued to a defendant and a mistake is discovered, the officer can correct the mistake if all four (4) copies are in his/her possession.
1. If the officer does not have all four (4) copies in his/her possession, no changes can be made by the officer on the citation/summons.
a. If the mistake is regarding the date or time of appearance, the issuing officer is responsible for completing a Lewiston Police Department Amended Summons Form. (Appendix D)
After completing the form, it will be left with the court paperwork to be taken to a judge for his/her signature.
b. Information concerning the defendant’s name, date of birth, social security number, address, descriptions, charges or code violations cannot be modified, changed, added or deleted by the officer if he/she does not have all four (4) copies. Changes concerning these items must be amended by the City Attorney’s Office or Nez Perce County Prosecutor’s Office. The issuing officer will be responsible for notifying the City Attorney’s Office or Nez Perce County Prosecutor’s Office of the requested amended changes.

H. Officers will be responsible for ensuring that the information listed on a citation is accurate and true to the best of the officer’s ability and knowledge.

I. When a citation needs to be served by another agency, the responsible officer will complete the top portion of the Out of Area Citation Tracking Sheet (Appendix E), to include the name of the defendant,,last known address and the responsible officer’s name.
The responsible officer will then forward the Out of Area Citation Tracking Sheet, along with ALL copies of the citation to the Word Processing Specialist or his/her designee for processing.
The Word Processing Specialist or his/her designee will do the following:
The citation will be un-flagged in Spillman, comments indicating “OOA Service – Date” will be added.
1. The front of the citation will be photocopied and saved in the event that the citation is lost in the mail, or never returned by the outside agency.
2. A form letter is completed with necessary information (Appendix F).
3. When mailing the letter, a self-addressed stamped envelope will be included for return of paperwork.
4. A “one liner” is added into the Spillman law incident indicating it was mailed.
5. The Word Processing Specialist or his/her designee will check back with the outside agency after 21 days to check the status of the citation, if it has not been returned.
6. Upon receipt of the citation from outside agency, it will be forwarded to the responsible officer.
7. The “OOA Service – Date” involvement in Spillman will be removed.
The responsible officer will create a supplemental report in Spillman indicating the service of the citation, or the request for a warrant.