GM 50 Flashcards

1
Q

Procedure 303 – Disciplinary Procedures

When handling a call for service or interacting with a member of the public and a member of that public, including but not limited to a complainant, witness, suspect, reporting person, etc., requests to speak to a supervisor, officers _________________ contact and inform an on-duty supervisor of such request through the dispatcher.

A

shall immediately

The supervisor may initially communicate with the “requesting person” over the telephone to determine whether the supervisor’s presence is needed.
The supervisor will record his/her actions in a written report.

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2
Q

Procedure 303 – Disciplinary Procedures
.04 LINE COMPLAINTS C

Anything less than a _________________ is not considered discipline.

A

one (1) day suspension

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3
Q

.04 LINE COMPLAINTS

Line Supervisory “________” Complaint - The complainant requests contact by the sworn member’s supervisor;

A

Type A

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4
Q

.04 LINE COMPLAINTS

Line Supervisory “_______” Complaint - The complainant does not wish to be contacted by a supervisor but relates a potentially substantive problem or relates only nonspecific or general information.

A

Type B

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5
Q

Line complaints

The sworn member’s immediate supervisor initially addresses line complaints, generally resulting in complainant satisfaction from the supervisor’s initial contact.

When appropriate, the Section Commander, with concurrence from the Division Commander, addresses the sworn member’s behavior with counseling, a written reprimand, or a suspension of up to three calendar days.

The complainant should always be reminded that they may also contact the ___________________ if they are not satisfied with the immediate supervisor’s response.

A

Internal Affairs Unit

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6
Q

Line Complaints

Complaints investigated through the chain of command ______ the officer to have an attorney present during interviews with their commanding officer.

A

do not entitle

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7
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques

The sanctity of human life and individual liberties are immeasurable elements of modern society which vests police officers with the responsibility for the preservation and protection of its paramount values.
In the vehicle pursuit of this responsibility, officers maintain the understanding that protection of property and apprehension of criminal offenders is ____________________________________.

A

subservient to the protection of life, including their own.

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8
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques

The San Antonio Police Department requires its ___________ to exhibit a sense of prudent judgment derived from departmental training, acquired knowledge, skills, and ability in the operation of all emergency vehicles.

A

officers

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9
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques

Officers _______ attempt a traffic stop on all suspect vehicles fleeing the scene of or having involvement in a crime, absent exigent circumstances that require the officer’s immediate attention.

A

shall

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10
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques

Following a subject vehicle for more than ___________ requires supervisory approval.
However, once a subject vehicle speeds away or takes any evasive action in an effort to distance itself from police, regardless of whether emergency warning device have been activated, the officer shall immediately discontinue following the vehicle unless it meets the criteria for a vehicle pursuit as described in this policy;

__________: Means to drive behind a subject vehicle without using emergency warning devices or any other method of instruction to stop by the officer. The police vehicle must adhere to traffic laws and traffic control devices.

A

fifteen (15) minutes

Follow(ing)

However, once a subject vehicle speeds away or takes any evasive action in an effort to distance itself from police, regardless of whether emergency warning device have been activated, the officer shall immediately discontinue following the vehicle unless it meets the criteria for a vehicle pursuit as described in this policy;

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11
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques

____________: Means the intentional movement of authorized vehicles in front of and behind the suspect vehicle when the vehicle is at or near a complete stop to prevent the suspect vehicle from fleeing. Incidental contact of the vehicles may occur if the suspect vehicle attempts to flee and ___________ be considered a chargeable accident.

A

Boxing-In

should not

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12
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques

______________: Means the intentional contact between the front quarter panel of a moving police vehicle and the rear quarter panel of a moving suspect vehicle.
The intention is to cause a controlled spin of the suspect vehicle away from its forward direction, thus safely curtailing the flight of the vehicle.

This is _____ to be considered a chargeable accident.

A

Precision Immobilization Technique (PIT)

not

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13
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques

_____________ are held accountable for the consequences of reckless disregard for the safety of others and violations of this procedure.

A

Officers

The San Antonio Police Department requires its officers to exhibit a sense of prudent judgment derived from departmental training, acquired knowledge, skills, and ability in the operation of all emergency vehicles.

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14
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques

05 ENVIRONMENTAL FACTORS

Officers operating emergency vehicles must exercise sound judgment, carefully consider the facts, and weigh the seriousness of the offense against the consequences of jeopardizing the safety of others by continually evaluating the following existing environmental factors when deciding to pursue:

A
  1. Time of day and day of week;
  2. Lighting conditions;
  3. Volume of traffic, both pedestrian and vehicular;
  4. Type of roadway;
  5. Condition of the roadway (i.e., dry, wet, paved, or gravel);
  6. Weather conditions (i.e., clear, overcast, rain, or fog);
  7. Condition of the emergency vehicle and fleeing vehicle;
  8. Speeds of the emergency vehicle and fleeing vehicle;
  9. Length and duration of the vehicle pursuit;
  10. Types of traffic control signals or devices; and
  11. School zones or areas where large crowds gather.
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15
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques

.06 EMERGENCY RESPONSE MANAGEMENT

A. General Rules: When necessary, officers should take appropriate actions to minimize opportunities for flight by a driver to include sound tactics (car placement), coordination with other units/officers in the area, and remain in constant communication with dispatch to ensure the availability of resources and oversight.

These General Rules include:

A
  1. Only emergency vehicles will be utilized for vehicle pursuits and/or stop techniques. Use of Tactical Vehicle Intervention techniques by other than emergency vehicles, must by authorized by specific unit standard operating procedures (SOP).
  2. Officers will not drive emergency vehicles the wrong way on an expressway, an expressway exit or entrance ramp, a divided highway, or any other street or highway designated for one-way traffic; however, officers may be momentarily facing the wrong way at the completion of a PIT or while performing a non-traditional high risk stop; and
  3. Officers will not transport prisoners, witnesses, suspects, complainants, or any person who is not a member of the Department who has not signed SAPD Form #166-AR, Civilian Observer Authorization and Release, when driving emergency vehicles in emergency operations.
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16
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques

Officers authorized to engage in vehicle pursuits may utilize emergency vehicles for emergency operations, provided:

A
  1. The emergency lights and siren are activated;
  2. Officers will reduce speed at all traffic control devices which require a stop under normal driving conditions and in consideration to vehicular and pedestrian traffic (i.e., stop signs, red lights, and flashing red lights) and proceed when it can be done safely;
  3. Officers will reduce speed for vehicles and pedestrians at intersections marked by yield signs or yellow flashing lights and proceed when it can be done safely;
  4. Officers will reduce speed and proceed when it can be done safely when driving emergency vehicles in vehicle pursuits through or into school zones during normal school hours or into areas where large crowds are known to congregate, such as city parks and outdoor public events; and
  5. Officers will exercise due regard for the safety of all persons.
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17
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques

B. Vehicle Pursuit Management:

  1. A managing supervisor will determine the number of emergency vehicles engaged in a vehicle pursuit to a maximum of ________, inclusive of the primary and secondary vehicle.
A

four (4)

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18
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
B. Vehicle Pursuit Management:

  1. Vehicles not normally used for patrol and/or traffic enforcement (prisoner transport wagons, etc.) __________ engage in vehicle pursuits.
A

shall not

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19
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
B. Vehicle Pursuit Management:

  1. Officers will not continue a vehicle pursuit or assist in a vehicle pursuit unless _______________________ to continue the vehicle pursuit or assist is received from the managing supervisor
A

immediate authorization

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20
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
B. Vehicle Pursuit Management:

  1. Officers will not engage in _____________________ a pursued vehicle.
A

paralleling,
ramming,
caravanning,
or driving alongside

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21
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
B. Vehicle Pursuit Management:

  1. Officers will NOT set up ____________.
A

Roadblocks

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22
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
B. Vehicle Pursuit Management:

  1. Emergency vehicles without roof-mounted emergency lights and two (2) wheeled motorcycles __________ a vehicle pursuit when an emergency vehicle with roof-mounted emergency lights enters the vehicle pursuit.
A

must abandon

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23
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
B. Vehicle Pursuit Management:

  1. If a vehicle pursuit is terminated by the officer in the primary vehicle, the managing supervisor, or the direction of a dispatcher, _____________.
A

all officers shall discontinue the vehicle pursuit

This does NOT conflict with
Procedure 620 – Vehicle Pursuits and Stop Techniques
.10 VEHICLE PURSUIT RESPONSIBILITIES

B. Secondary Vehicle Driver Responsibilities:
5. Becomes the primary vehicle if the primary vehicle abandons the vehicle pursuit

“Termination Vs Abandoned”

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24
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
B. Vehicle Pursuit Management:

  1. When any officer, supervisor, or dispatcher announces that a vehicle pursuit is terminated, all assigned officers _______ turn off all emergency warning lights and siren, slow down and adhere to all traffic laws and traffic control devices.

The officers in the vehicle pursuit ______ notify the dispatcher of their location.

A

shall

shall

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25
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
B. Vehicle Pursuit Management:

  1. Once a vehicle pursuit is terminated, officers must receive authorization from a supervisor to continue to follow the vehicle, and if authorization is granted, the vehicle may only be followed as a Code-One response, while adhering to _________________________.
A

all traffic laws and traffic control devices.

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26
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.09 OPERATION OF EMERGENCY VEHICLES IN VEHICLE PURSUITS

A. Vehicle pursuits involve hazardous circumstances and environmental factors which create a high risk for the officers involved, as well as citizens within the vicinity of the vehicle pursuit.

Officers must weigh the hazardous circumstances and environmental factors associated with a vehicle pursuit against the possibilities of serious bodily injury or death to other motorists, pedestrians, the pursuing officers, and the offender.

Officers must understand there is a point at which the ______________ of apprehending a suspect.

A

risks outweigh the benefits

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27
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.09 OPERATION OF EMERGENCY VEHICLES IN VEHICLE PURSUITS

B. The following situations determine when a vehicle pursuit will not be initiated and when a vehicle pursuit may be continued.

  1. Situations where officers will not engage in a vehicle pursuit:
A

a. Vehicle pursuits are not authorized for traffic infractions, ordinance violations, non-violent misdemeanors (not involving the use of firearms), and non-violent felonies.
b. For the purpose of this procedure, fleeing from an officer is not considered a violent felony; therefore, vehicle pursuits are NOT authorized based on the fact that the vehicle is fleeing; and
c. The individuals fleeing are suspects only and the actual crime has not been determined.

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28
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.09 OPERATION OF EMERGENCY VEHICLES IN VEHICLE PURSUITS

B. The following situations determine when a vehicle pursuit will not be initiated and when a vehicle pursuit may be continued.

  1. Situations where vehicle pursuits, if initiated, MAY be continued, depending on the hazardous circumstances and environmental factors:
A

a. The occupant(s) has committed, is committing, or is about to commit a violent felony offense (i.e. Aggravated Robbery or Aggravated Assault, and/or other crimes against a person in which VIOLENCE is an element to the FELONY offense);
b. The occupant(s) has committed or is committing a violent misdemeanor offense INVOLVING the use of a FIREARM; or
c. The occupant(s) is known to be wanted under an active warrant for a VIOLENT FELONY offense;

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29
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.10 VEHICLE PURSUIT RESPONSIBILITIES

A. Primary Vehicle Driver Responsibilities:

A
  1. Activates the vehicle emergency warning devices from the point at which the officer engages in the vehicle pursuit until its termination;
  2. Immediately notifies the dispatcher of the location, direction of travel, speed, reason for the vehicle pursuit, the presence of other law enforcement agencies, the description of the vehicle being pursued, and the number of occupants;
  3. Provides updated information regarding the direction of travel, speed, and other pertinent details. Radio transmissions are kept as short as possible to allow communication between the dispatcher, managing supervisor, and assisting officers;
  4. Terminates the vehicle pursuit if authorization is not immediately received from the managing supervisor;
  5. Terminates the vehicle pursuit if radio contact with the dispatcher is lost;
  6. Terminates the vehicle pursuit if the hazardous circumstances or environmental factors present an unreasonable risk to public safety; and
  7. Abandons the vehicle pursuit if any mechanical problems develop in the primary vehicle.
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30
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.10 VEHICLE PURSUIT RESPONSIBILITIES

B. Secondary Vehicle Driver Responsibilities:

A

5 Does NOT conflict with:

  1. The first officer arriving to assist the primary vehicle driver notifies the dispatcher and becomes the secondary vehicle driver;
  2. The officer must receive immediate authorization from the managing supervisor or dispatch supervisor to assist in the vehicle pursuit;
  3. Activates the secondary vehicle’s emergency warning devices from the point at which the secondary vehicle enters the vehicle pursuit until its termination.
    The secondary vehicle’s siren may be deactivated if it interferes with radio communications;
  4. Follows the primary vehicle at a safe distance and assumes the radio communication responsibilities for the primary vehicle driver;
  5. Becomes the primary vehicle if the primary vehicle abandons the vehicle pursuit; and
  6. Abandons the vehicle pursuit if any mechanical problems develop in the secondary vehicle.

Procedure 620 – Vehicle Pursuits and Stop Techniques
B. Vehicle Pursuit Management:

  1. If a vehicle pursuit is terminated by the officer in the primary vehicle, the managing supervisor, or the direction of a dispatcher, all officers shall discontinue the vehicle pursuit

“Termination Vs Abandoned”

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31
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.10 VEHICLE PURSUIT RESPONSIBILITIES

C. Managing Supervisor Responsibilities:

  1. If a Supervisor engages in a vehicle pursuit, then another supervisory officer (regardless of rank) must be identified as the managing supervisor and _____________________ the vehicle pursuit;
A

must approve and manage

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32
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.10 VEHICLE PURSUIT RESPONSIBILITIES

C. Managing Supervisor Responsibilities:

  1. ________________ authorizes continuation or orders termination of the vehicle pursuit depending on the hazardous circumstances and environmental factors present as stated by the primary vehicle driver;
A

Immediately

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33
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.10 VEHICLE PURSUIT RESPONSIBILITIES

C. Managing Supervisor Responsibilities:

  1. Ensures not more than _______ emergency vehicles are engaged in a vehicle pursuit;
A

four (4)

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34
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.10 VEHICLE PURSUIT RESPONSIBILITIES

C. Managing Supervisor Responsibilities:

  1. Ensures the Helicopter Detail, if available, is notified.
    Once a police helicopter has a pursued vehicle in sight, the managing supervisor may authorize the continuation of the vehicle pursuit based on the following circumstances:
A

a. The severity of the offense;
b. The number of occupants in the suspect vehicle;
c. The likelihood of the suspects being armed;
d. The preservation of physical evidence; or
e. Other justifications which can be articulated.

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35
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.10 VEHICLE PURSUIT RESPONSIBILITIES

C. Managing Supervisor Responsibilities:

  1. Directs the tactics of the vehicle pursuit;
  2. Constantly evaluates the vehicle pursuit;
  3. Assigns additional officers to assist with traffic control, accident investigation, foot pursuit, and/or perimeter security if the termination ends with the apprehension of the vehicle or subjects; and
  4. Orders the termination of a vehicle pursuit at any time hazardous circumstances or environmental factors present an ___________ to public safety;
A

unreasonable risk

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36
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.10 VEHICLE PURSUIT RESPONSIBILITIES

C. Managing Supervisor Responsibilities:

  1. Supervisors WILL be held accountable for failing to respond when notified by the dispatcher and assuming the responsibilities of the managing supervisor.

When notified by the dispatcher, supervisors shall take the responsibility of the managing supervisor regardless of the unit of assignment of the primary or secondary vehicle in the vehicle pursuit.

Accountability extends for failing to terminate vehicle pursuits when hazardous circumstances or environmental factors would cause a __________________ in the same circumstances to reasonably believe an unreasonable risk to public safety exists;

A

reasonable and prudent person

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37
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.10 VEHICLE PURSUIT RESPONSIBILITIES

C. Managing Supervisor Responsibilities:

  1. Accountability for ensuring the procedural guidelines governing vehicle pursuits are complied with shall rest with the __________________ monitoring or responding to the vehicle pursuit.

While the _________________ monitoring the vehicle pursuit oversees it, this does not relieve the managing supervisor of his/her assigned procedural tasks and responsibilities of the vehicle pursuit.

A

highest ranking officer

highest ranking officer

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38
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.10 VEHICLE PURSUIT RESPONSIBILITIES

D. Helicopter Detail Responsibilities:

  1. The Helicopter Detail, when available and weather conditions permitting, responds to all vehicle pursuits.
  2. The Helicopter Detail shall utilize its airborne video equipment to record all vehicle pursuits and entailing foot chases until ____________.
A

officers secure the actor(s).

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39
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.10 VEHICLE PURSUIT RESPONSIBILITIES

E. Dispatcher and Communications Supervisor Responsibilities:

  1. Ensures the handling dispatcher assigns a managing supervisor and secondary vehicle to the vehicle pursuit, and records the identity of other officers assigned to the vehicle pursuit;
  2. Affirms the dispatchers on other affected communication channels provide their officers with information relative to the vehicle pursuit;
  3. Apprises the managing supervisor of any traffic problems relative to the vehicle pursuit; and
  4. Assigns a radio frequency __________ for the use of the officers involved in a vehicle pursuit, if necessary;
  5. Announces the termination of a vehicle pursuit at the direction of the managing supervisor or ___________ of a managing supervisor.
A

specifically (This NEVER has happened)

in the absence

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40
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.10 VEHICLE PURSUIT RESPONSIBILITIES

F. Vehicle Pursuit into another Jurisdiction:

  1. The vehicle pursuit will terminate at the Bexar County line, except when continued vehicle pursuit is authorized by the managing supervisor;
  2. When a vehicle pursuit enters into another jurisdiction, the secondary vehicle driver notifies the managing supervisor and dispatcher;
  3. The dispatcher notifies the appropriate law enforcement agency of the vehicle description, circumstances of the vehicle pursuit, and if assistance is requested;
  4. In all vehicle pursuits which end in the apprehension of the offender outside of Bexar County, the offender is taken, without unnecessary delay, before a magistrate of the county in which the arrest is made; and
  5. The ranking on duty officer is notified of all vehicle pursuits which continue out of Bexar County.
  6. If the offender is apprehended, the arresting officer waits for the arrival of the __________ and ____________ from that jurisdiction;
A

managing supervisor and an officer

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41
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.10 VEHICLE PURSUIT RESPONSIBILITIES

G. Vehicle pursuit into San Antonio from Other Jurisdictions:

  1. Communications:
    a. Maintains liaison with other law enforcement agencies involved in vehicle pursuits which enter into the City of San Antonio; and
    b. Assigns a managing supervisor to supervise the Department’s officers in their assistance with the vehicle pursuit.
  2. Managing Supervisor:
    a. Determines the number of police vehicles from the outside agency involved in the vehicle pursuit;
    b. Determines if assistance is specifically requested by the initiating jurisdiction;
    c. Determines if assistance from the Department is required;
    d. Notifies the Helicopter Detail, if available, to respond;
    f. Assigns an officer as the secondary unit if there is only one (1) outside agency marked police vehicle involved in the vehicle pursuit;
    g. Assigns officers to assist with traffic control, accident investigation, foot pursuit, and/or perimeter security at the scene of termination;
    h. Terminates the SAPD officer’s involvement if the actions of officers from another agency present an unreasonable risk to public safety; and
    i. Submits a written report, with SAPD case number, giving the details of the vehicle pursuit and the names of all SAPD officers involved in the vehicle pursuit.
    e. The Managing Supervisor DOES NOT assign officers to engage in the vehicle pursuit if there are _______ marked police vehicles from outside agencies already engaged in the vehicle pursuit;
A

two (2) marked police vehicles from outside agencies

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42
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques

A. Traffic Stop: A stop or an attempted stop by an officer, while driving an emergency vehicle with lights and sirens activated, to apprehend the occupant(s) of a vehicle who are not evading arrest or violating any traffic laws. (i.e., going off-road, disregarding traffic controls, turning off vehicle lights, and/or weaving in/out of traffic), or similar actions.

B. Boxing–In: Officers during their shift may encounter a vehicle that the driver is considered to be down and out (loss of mental and physical faculties) and may place their emergency vehicle in front of and or behind the suspect vehicle (if a cover officer is present) in an attempt to stop the suspect vehicle from fleeing, prior to the officer making contact with the driver.
This placement of the officer’s emergency or authorized vehicle may also be done when during a pursuit, the suspect vehicle comes to a stop and an opportunity presents itself to box-in the suspect vehicle from continuing its possible flight thus ending the pursuit.
Officers shall be aware that this technique could put them in a potentially disadvantageous tactical position and shall adhere to sound tactics to seek cover and prevent crossfires.
This intentional movement of authorized vehicles during this maneuver may incur incidental contact of the vehicles if the suspect vehicle attempts to flee and should not be considered a chargeable accident.

C. Use of Tire Deflation Device: Officers who have completed the SAPD Precision Driving Unit Tire Deflation Device (TDD) training, with approval from a supervisor, may deploy a Tire Deflation Device in accordance with appropriate SOP.

D. Precision Immobilization Technique (PIT): Officers who have successfully completed the SAPD Precision Driving Unit PIT training may deploy the PIT maneuver as per their training with supervisor approval.
An officer may employ the PIT maneuver without supervisory approval based on exigent circumstances.
The officer shall be required to justify the exigency that led to their actions.
The use of the PIT maneuver shall be accomplished in accordance with the appropriate unit SOP.

The above listed actions are:

A

.11 TACTICAL VEHICLE INTERVENTIONS (TVI)

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43
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.11 TACTICAL VEHICLE INTERVENTIONS (TVI)

B. Boxing–In: Officers during their shift may encounter a vehicle that the driver is considered to be down and out (loss of mental and physical faculties) and may place their emergency vehicle in front of and or behind the suspect vehicle (if a cover officer is present) in an attempt to stop the suspect vehicle from fleeing, prior to the officer making contact with the driver.

Officers shall be aware that this technique could put them in a potentially disadvantageous tactical position and shall adhere to sound tactics to seek cover and prevent crossfires.

This intentional movement of authorized vehicles during this maneuver may incur incidental contact of the vehicles if the suspect vehicle attempts to flee and * should not* be considered a chargeable accident.

This placement of the officer’s emergency or authorized vehicle may also be done when during a pursuit, the suspect vehicle comes to a stop and __________________ to box-in the suspect vehicle from continuing its possible flight thus ending the pursuit.

A

an opportunity presents itself

Another “PacMan” rule

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44
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques

.12 REQUIRED REPORTS

A. All officers who are engaged in a vehicle pursuit, who are assigned to assist in a vehicle pursuit, or who participate in a vehicle pursuit, including officers who are near the location of where the vehicle pursuit concluded, will submit written reports to the ___________ regardless of whether the vehicle pursuit was abandoned, terminated, or the offender was apprehended.

A

managing supervisor

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45
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
C. Managing Supervisor Responsibilities:

  1. Ensures the Helicopter Detail, if available, is notified. Once a police helicopter has a pursued vehicle in sight, the managing supervisor may authorize the continuation of the vehicle pursuit based on the following circumstances:
A

a. The severity of the offense;
b. The number of occupants in the suspect vehicle;
c. The likelihood of the suspects being armed;
d. The preservation of physical evidence; or
e. Other justifications which can be articulated.

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46
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
D. Helicopter Detail Responsibilities:

  1. The Helicopter Detail, when available and weather conditions permitting, responds to all vehicle pursuits.
  2. The Helicopter Detail shall utilize its airborne video equipment to record all vehicle pursuits and entailing foot chases until ________________.
A

until officers secure the actor(s).

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47
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques

E. Dispatcher and Communications Supervisor Responsibilities:

A
  1. Ensures the handling dispatcher assigns a managing supervisor and secondary vehicle to the vehicle pursuit, and records the identity of other officers assigned to the vehicle pursuit;
  2. Affirms the dispatchers on other affected communication channels provide their officers with information relative to the vehicle pursuit;
  3. Assigns a radio frequency specifically for the use of the officers involved in a vehicle pursuit, if necessary;
  4. Apprises the managing supervisor of any traffic problems relative to the vehicle pursuit; and
  5. Announces the termination of a vehicle pursuit at the direction of the managing supervisor or in the absence of a managing supervisor.
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48
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques

F. Vehicle Pursuit into another Jurisdiction:

  1. The vehicle pursuit will terminate at the Bexar County line, except when continued vehicle pursuit is authorized by the managing supervisor;
  2. When a vehicle pursuit enters into another jurisdiction, the secondary vehicle driver notifies the managing supervisor and dispatcher;
  3. The dispatcher notifies the appropriate law enforcement agency of the vehicle description, circumstances of the vehicle pursuit, and if assistance is requested;
  4. If the offender is apprehended, the arresting officer waits for the arrival of the managing supervisor and an officer from that jurisdiction;
  5. In all vehicle pursuits which end in the apprehension of the offender outside of Bexar County, the offender is taken, without unnecessary delay, before a magistrate of the county in which the arrest is made; and
  6. The _________________ is notified of all vehicle pursuits which continue out of Bexar County.
A

ranking on duty officer (Night-Commander)

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49
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques

G. Vehicle pursuit into San Antonio from Other Jurisdictions:

  1. Communications:
    a. Maintains liaison with other law enforcement agencies involved in vehicle pursuits which enter into the City of San Antonio; and
    b. Assigns a managing supervisor to supervise the Department’s officers in their assistance with the vehicle pursuit.
  2. Managing Supervisor:
    a. Determines the number of police vehicles from the outside agency involved in the vehicle pursuit;
    b. Determines if assistance is specifically requested by the initiating jurisdiction;
    c. Determines if assistance from the Department is required;
    d. Notifies the Helicopter Detail, if available, to respond.
    f. Assigns an officer as the secondary unit if there is only one (1) outside agency marked police vehicle involved in the vehicle pursuit;
    g. Assigns officers to assist with traffic control, accident investigation, foot pursuit, and/or perimeter security at the scene of termination;
    h. Terminates the SAPD officer’s involvement if the actions of officers from another agency present an unreasonable risk to public safety; and
    i. Submits a written report, with SAPD case number, giving the details of the vehicle pursuit and the names of all SAPD officers involved in the vehicle pursuit.
    e. The managing supervisor DOES NOT assign officers to engage in the vehicle pursuit if there are _______ from outside agencies already engaged in the vehicle pursuit;
A

two (2) marked police vehicles

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50
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques.
.11 TACTICAL VEHICLE INTERVENTIONS (TVI)

B. Boxing–In: Officers during their shift may encounter a vehicle that the driver is considered to be down and out (loss of mental and physical faculties) and may place their emergency vehicle in front of and or behind the suspect vehicle (if a cover officer is present) in an attempt to stop the suspect vehicle from fleeing, prior to the officer making contact with the driver.

This placement of the officer’s emergency or authorized vehicle MAY also be done when during a pursuit, the suspect vehicle comes to a stop and an opportunity presents itself to box-in the suspect vehicle from continuing its possible flight thus ending the pursuit.

Officers shall be aware that this technique could put them in a potentially disadvantageous tactical position and shall adhere to sound tactics to seek cover and prevent crossfires.

This intentional movement of authorized vehicles during this maneuver may incur incidental contact of the vehicles if the suspect vehicle attempts to flee and ___________ be considered a chargeable accident.

A

should not

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51
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.11 TACTICAL VEHICLE INTERVENTIONS (TVI)

A supervisor must authorize the use of a TVI technique unless _____________________ dictate immediate action without prior approval.

A

exigent circumstances

Officers employing such TVI techniques without supervisory approval shall be required to justify the exigency that led to their actions.

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52
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.11 TACTICAL VEHICLE INTERVENTIONS (TVI)

TACTICAL VEHICLE INTERVENTIONS (TVI) includes:

A

A. Traffic Stop:

B. Boxing–In:

C. Use of Tire Deflation Device:

D. Precision Immobilization Technique (PIT):

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53
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.11 TACTICAL VEHICLE INTERVENTIONS (TVI)

D. Precision Immobilization Technique (PIT):

An officer may employ the PIT maneuver without supervisory approval based on exigent circumstances.

The officer shall be required to justify the exigency that led to their actions.

The use of the PIT maneuver shall be accomplished in accordance with the appropriate unit SOP.

Officers who have successfully completed the _______________ may deploy the PIT maneuver as per their training with supervisor approval.

A

SAPD Precision Driving Unit PIT training

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54
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.12 REQUIRED REPORTS

A. All officers who are engaged in a vehicle pursuit, who are assigned to assist in a vehicle pursuit, or who participate in a vehicle pursuit, including officers who are near the location of where the vehicle pursuit concluded, will submit written reports to ________________ regardless of whether the vehicle pursuit was abandoned, terminated, or the offender was apprehended.

A

the managing supervisor

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55
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.12 REQUIRED REPORTS

B. Primary vehicle driver’s report will include:

  1. The reason or probable cause for engaging in the vehicle pursuit;
  2. A description of the pursued vehicle and occupants;
  3. The location where the officer engaged in the vehicle pursuit;
  4. The route of the vehicle pursuit;
  5. A summary of the tactics employed to apprehend the offender;
  6. The point of abandonment or termination of the vehicle pursuit; and
  7. If the offender is apprehended, an account of his involvement in the arrest.
  8. An account of the violations committed by _____________ during the vehicle pursuit;
A

the offender

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56
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.12 REQUIRED REPORTS

C. Secondary vehicle driver’s report will include:

A
  1. The location where the officer engaged in the vehicle pursuit;
  2. A summary of the tactics employed to apprehend the offender;
  3. The point of abandonment or termination of the vehicle pursuit; and
  4. If the offender is apprehended, an account of his involvement in the arrest.
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57
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.12 REQUIRED REPORTS

D. Other officers’ reports will include:

A
  1. Assigned duties in relation to the vehicle pursuit;
  2. A summary of the tactics he utilized relative to his assigned duties; and
  3. If the offender is apprehended, an account of his involvement in the arrest.
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58
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.12 REQUIRED REPORTS

E. Helicopter Detail officers’ reports will include:

  1. Assigned duties in relation to the vehicle pursuit;
  2. A summary indicating if the vehicle pursuit was videotaped and the location of the videotape;
  3. The report is forwarded to his/her chain of command with a copy submitted to the appropriate Division Commander of the officer initiating the vehicle pursuit.
  4. Evaluation of the vehicle pursuit to include ________________;
A

procedural violations, recommendations for training, and other pertinent concerns in relation to the vehicle pursuit

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59
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.12 REQUIRED REPORTS

F. Dispatcher’s report will include:

A
  1. Time, date, duration, and route of the vehicle pursuit;
  2. Units assigned to include the names and badge numbers of the officers involved;
  3. Managing supervisor assigned;
  4. Vehicle pursuit details to include any difficulties encountered during the vehicle pursuit; and
  5. The report is forwarded to the Communications Supervisor.
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60
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.12 REQUIRED REPORTS

G. Managing supervisor’s report will include:

A
  1. The identity of all officers involved and their assignments relative to the vehicle pursuit;
  2. A summary of any accidents or other incidents arising from or related to the vehicle pursuit;
  3. If he terminates the vehicle pursuit, the time and location the vehicle pursuit was ordered terminated;
  4. Recommendations for any needed corrective or disciplinary actions to include training recommendations.
    Pertinent AVL and/or video records to document the need for any corrective or disciplinary actions should be included;
  5. A summary of information obtained from reviewing all available in-car video and the GPS (AVL) records of all officers assigned to the vehicle pursuit, whether they were assigned as the Primary, Secondary, or other duties;
  6. Printouts of pertinent AVL records showing the speed, path and direction of the vehicle pursuit from the Primary, Secondary or any other officers authorized in the vehicle pursuit; and
  7. A summary of pertinent information gathered from reviewing the Audio records from dispatch concerning the vehicle pursuit.
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61
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques

.13 FOLLOW-UP RESPONSIBILITIES

A. The Managing Supervisor:

A
  1. As soon as practical after the conclusion of the vehicle pursuit, prepares SAPD Form #103-NEN, Newsworthy Event Notification, and route the form through electronic mail to the following offices:
  • **a. Office of the Chief;
  • **b. Applicable Assistant Chief;
  • **c. Applicable Division Commander:
    (1) Patrol Division;
    (2) Tactical Support Division; and
  • **d. Police Media Services Detail.
  1. Collects copies of reports from all officers involved in the vehicle pursuit;
  2. Reviews each report to ensure the required information is in the report;
  3. Conducts an analysis of the vehicle pursuit using the AVL system, video evidence and audio recordings from dispatch as well as the reports submitted by all officers and completes the appropriate section of the SAPD Form #103, Pursuit Evaluation Report; and
  4. Attaches copies of the officers’ reports, including his report, any pertinent AVL records, and a copy of SAPD Form #103-NEN, to the vehicle pursuit evaluation report, and forwards the packet to his shift/unit director.
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62
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.13 FOLLOW-UP RESPONSIBILITIES

B. Shift/Unit Director:

A
  1. Reviews all submitted reports;
  2. Conducts an evaluation of the vehicle pursuit, directing any questions to the managing supervisor.
    This evaluation is directed towards identifying violations of policies and procedures and any needed corrective or disciplinary action; and
  3. Completes the appropriate section of the vehicle pursuit evaluation report and forwards it, along with the attached reports, to his section commander.
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63
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.13 FOLLOW-UP RESPONSIBILITIES

C. Communications Supervisor:

A
  1. Reviews the vehicle pursuit report submitted by the handling dispatcher;
  2. Conducts an evaluation of the vehicle pursuit as it relates to dispatch procedures and directs any inquiries back to the dispatcher; and
  3. Completes the appropriate portion of the vehicle pursuit report form noting any additional information on the vehicle pursuit to include procedural violations, training recommendations, and other pertinent information and faxes a copy of the report to the managing supervisor.
    The original copy of the report is forwarded to the Communications Director.
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64
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.13 FOLLOW-UP RESPONSIBILITIES

D. Communications Director:

A
  1. Completes the appropriate portion of the dispatcher’s vehicle pursuit report and directs any questions back to the Communications Supervisor; and
  2. Forwards a copy of the report to the appropriate Division Commander of the officer initiating the vehicle pursuit.
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65
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.13 FOLLOW-UP RESPONSIBILITIES

E. Section Commander:

A
  1. Reviews all submitted reports and shall also be responsible for reviewing all available data (including but not limited to vehicle GPS data, video evidence, and audio tapes maintained by Communications) for the noted vehicle pursuit prior to completing the vehicle pursuit evaluation report;
  2. Conducts an evaluation of the vehicle pursuit, directing any questions to the shift/unit director.
    This evaluation is directed towards identifying violations of policies and procedures and any needed corrective or disciplinary action; and
  3. Completes the appropriate section of the vehicle pursuit evaluation report and forwards it, along with the attached reports, to his Division Commander.
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66
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.13 FOLLOW-UP RESPONSIBILITIES

F. Division Commander:

A
  1. Reviews all submitted reports;
  2. Shall be responsible for reviewing all available data, including but not limited to vehicle GPS data, video evidence, and audio tapes maintained by the Communications, for the noted vehicle pursuit prior to completing the vehicle pursuit evaluation report;
  3. Conducts an evaluation of the vehicle pursuit, directing any questions to the Section Commander. This evaluation is directed towards identifying violations of policies and procedures and any needed corrective or disciplinary action;
  4. Completes the appropriate section of the vehicle pursuit evaluation report and forwards the vehicle pursuit packet to a Patrol Division Commander for entry into the Pursuit Information Database; and
  5. Forwards a copy of the vehicle pursuit packet to the Internal Affairs Unit, if disciplinary action is recommended.
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67
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques

.14 VEHICLE PURSUITS ANNUAL EVALUATION-ANALYSIS

The * Patrol Division Commander* responsible for maintaining the Pursuit Information Database will complete an annual written evaluation of all vehicle pursuits to determine their effectiveness and to recommend any training, or policy modifications needed.

The annual evaluation will be presented to the Chief of Police, and will include at a minimum the following:

A
  1. Reason for vehicle pursuit initiation
  2. Number of vehicle pursuits initiated
  3. Number of vehicle pursuits terminated
  4. Number of vehicle pursuits abandoned
  5. Miles covered
  6. Time duration of vehicle pursuit
  7. Speeds involved
  8. Other jurisdictions involved
  9. Arrests/Apprehensions
  10. Hazardous circumstances
  11. Environmental factors as per .05
  12. Risks identified
  13. Policy/Procedure violations
  14. Training Issues identified
  15. Technical difficulties
  16. Crashes
  17. Propertydamage
  18. Injuries
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68
Q

Procedure 620 – Vehicle Pursuits and Stop Techniques
.15 POST VEHICLE PURSUIT/FOLLOWING RESPONSIBILITIES

A. In all instances where a suspect evades police and/or a vehicle pursuit is terminated, all pertinent information will be entered into the Be On the Look Out (BOLO) System and a follow-up investigation will be conducted.

  1. Suspect and Vehicle information will be entered as either:

a. vehicle Pursuit – SUSPECT; or
b. vehicle Pursuit – ARRESTED

  1. Vehicle Pursuit – SUSPECT entries will remain valid for ________ and
    Vehicle Pursuit – ARRESTED entries will remain valid for _____________.
A

two (2) calendar years

one (1) calendar year

After these respective time frames, the entries will no longer show up as return information when checking a license plate.

  1. The following pertinent incident data will be entered into the COMMENTS section of the BOLO notice:

a. Location;
b. Circumstances;
c. CFS number (with Case number, if applicable); and
d. Other data of investigative value.

B. Any Officer involved in a vehicle pursuit where the suspect evades apprehension or where a vehicle pursuit is terminated will ensure the following is done as soon as possible:

  1. The officer will contact the Communications Office and ensure that a BOLO is generated;
  2. The officer will generate a report for the offense of EVADING ARREST OR DETENTION (Penal Code 38.04); and
  3. The officer will forward a copy of the report to the Traffic Investigation Detail (TID).

C. The Traffic Investigations Detail (TID) will be consulted and they will coordinate with Patrol and/or follow-up units handling the primary offense, to ensure timely and accurate handling of any evidence collection and execution of warrants that may be generated.

  1. The follow-up unit assigned to investigate the case is the unit assigned the primary offense of offense that initiated the case, in accordance with Procedure 708, Follow-Up Units.
  2. Vehicles may be impounded as evidence of Evading Arrest or for some other charge, in accordance with Procedure 607, Impounding Vehicles and Procedure 504, Execution of Search Warrants.
  3. TID or the follow-up unit assigned to investigate the case will ensure that the BOLO system is updated, via the Communications Office, when changes to the status of the vehicle pursuit category (Suspect or Arrested) are needed.
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69
Q

GM 100

As a Law Enforcement Officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all persons to liberty, equality, and justice.

I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my Department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.

I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession . . . law enforcement.

These are known as:

A

Law Enforcement Code of Ethics

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70
Q

GM 100

INTEGRITY
WE HAVE INTEGRITY.
We hold ourselves accountable and demand the highest level of ethical and moral standards from all.
We are role models, acting with courage and building trust within the organization and the community.

RESPECT
WE ARE RESPECTFUL.
Mutual respect is the foundation for every interaction. We value diversity and encourage open communication by treating everyone with dignity and fairness.

COMPASSION
WE ARE COMPASSIONATE.
Compassion guides our actions as we care for one another. We treat people with kindness and respect while working for the benefit of all.

FAIRNESS
WE ARE FAIR.
We are committed to consistently treating people in a courteous and impartial manner.

These are known as:

A

Guiding Principles

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71
Q

GM 100

The San Antonio Police Department is dedicated to improving the quality of life by creating a safe environment in partnership with the people we serve. We act with integrity to reduce fear and crime while treating all with respect, compassion, and fairness.

This is known as the:

A

Mission

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72
Q

GM 100

To be the premier law enforcement agency by building trust, creating partnerships, and sharing leadership within SAPD and the community for a safer San Antonio.

This is known as the:

A

Vision

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73
Q

GENERAL MANUAL
Section 200 – Rules and Regulations
1.01 PURPOSE:

The Rules and Regulations officially adopted and set forth in this manual are for the ________, ________, and _____________________ of all members of the Police Department of the City of San Antonio, Texas.

A

guidance, regulation, and control of the conduct

These rules are designed to promote efficiency, discipline, and good public relations by setting forth policies governing the conduct and demeanor of every member of the police department, both on- and off-duty.

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74
Q

GENERAL MANUAL
Section 200 – Rules and Regulations
1.02 AUTHORITY:
A. CITY CHARTER:

Pursuant to Article V of the Charter of the City of San Antonio Chief of the Police Department, the director, shall have supervision and control over the Police Department, subject to approval by the ______ __________.

A

City Manager

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75
Q

GENERAL MANUAL
Section 200 – Rules and Regulations
1.02 AUTHORITY:
B. COLLECTIVE BARGAINING AGREEMENT:

Pursuant to Article VII of the Collective Bargaining Agreement between the City of San Antonio and the San Antonio Police Officers’ Association, the Chief of Police shall have the exclusive right to _______, _______, or __________ departmental rules and regulations while such contract is in effect, subject to review by the City Manager.
Changes will be made through departmental orders issued by the Chief of Police and reviewed by the Fire and Police Civil Service Commission and the City Manager.

A

establish, rescind, or modify

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76
Q
GENERAL MANUAL
   Section 200 – Rules and Regulations
1.02 AUTHORITY:
C. LOCAL GOVERNMENT CODE: 
Pursuant to Chapter 143 of the Local Government Code, as amended, the Chief of the San Antonio Police Department shall have the power to take \_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_ or \_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_ an officer under his supervision for violation of either Chapter 143 of the Local Government Code, the Civil Service Rules of the City of San Antonio, or of these rules and regulations.
A

disciplinary action or suspend indefinitely

In addition, the Chief of Police shall be empowered to take disciplinary action or suspend indefinitely any other police employee for violation of these rules and regulations.

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77
Q

GENERAL MANUAL
Section 200 – Rules and Regulations
1.03 SCOPE:
These rules and regulations govern the conduct, responsibilities, duties, assignments of, and the use of equipment by all members of the department. These rules and regulations may further cover such other matters as the Chief of Police may deem necessary or expedient for the proper conduct of the work of the department, and additionally incorporate departmental orders, directives, and procedures.

These rules and regulations become effective on the date of issuance and rescind the Rules and Regulations of the San Antonio Police Department issued on ________ and became effective on _________.

A

September 25, 1984

November 1, 1984.

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78
Q

GENERAL MANUAL
Section 200 – Rules and Regulations
1.04 ACKNOWLEDGMENT:
A. EFFECTIVE DATE:

The Rules and Regulations of the San Antonio Police Department, which are incorporated in the General Manual, apply to _____________, and have the effect of an order.

A

all employees, both sworn and non-sworn

These rules and regulations, as revised and adopted on July 20, 2015, became effective on August 20, 2015.

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79
Q

GENERAL MANUAL
Section 200 – Rules and Regulations
B. RECEIPT OF ISSUANCE:

All _____________ of this department will be issued a copy of the Rules and Regulations and are required to acknowledge its receipt.

A

sworn and non-sworn members

A signed receipt acknowledging acceptance of the rules and regulations shall be deemed sufficient notice of the existence and effect of the Rules and Regulations of the San Antonio Police Department.

Any recommendations for revision should be directed to the Office of the Chief of Police.

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80
Q

GENERAL MANUAL
Section 200 – Rules and Regulations
1.05 SUPERVISORY ACKNOWLEDGMENT:
Each supervisory officer is required to acknowledge his ________________________ the provisions of these rules and regulations, departmental orders, and procedures of this department.

A

personal responsibility for enforcing

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81
Q

GENERAL MANUAL
Section 200 – Rules and Regulations
1.06 DEFINITIONS OF TERMS:

A. “_________” means the job tasks of a member, which may include a specific beat, post, or geographical responsibility.

A

ASSIGNMENT

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82
Q

GENERAL MANUAL
Section 200 – Rules and Regulations
1.06 DEFINITIONS OF TERMS:

B. “________________” means the unbroken line of authority extending from the Chief of Police through a single subordinate at each level of command down to the level of execution.

A

CHAIN-OF-COMMAND

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83
Q

GENERAL MANUAL
Section 200 – Rules and Regulations
1.06 DEFINITIONS OF TERMS:

C. “___________” refers to the San Antonio Police Department, the members of the organization, and the physical assets of the entity.

A

DEPARTMENT

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84
Q

GENERAL MANUAL
Section 200 – Rules and Regulations
1.06 DEFINITIONS OF TERMS:

D. “_________________” means orders issued for the purpose of instruction, clarification of policy, and establishment of procedure or rules in the form of general orders, special orders, chief’s memorandum, personnel orders, training bulletins, division orders, and Administrative Directives.

A

DEPARTMENTAL ORDERS

DIRECTIVES may be used synonymously with departmental orders.

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85
Q

GENERAL MANUAL
Section 200 – Rules and Regulations
1.06 DEFINITIONS OF TERMS:

F. “GENDER” use of the masculine gender shall also include, where applicable, the _______ gender.

A

female

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86
Q

GENERAL MANUAL
Section 200 – Rules and Regulations
1.06 DEFINITIONS OF TERMS:

G. “______________” means as soon as possible and feasible.

A

IMMEDIATELY

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87
Q

GENERAL MANUAL
Section 200 – Rules and Regulations
1.06 DEFINITIONS OF TERMS:

L. “_____” means the action is mandatory.
P. “_____” means the action is mandatory.
U. “_____” means the action is mandatory.

A

MUST
SHALL
WILL

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88
Q

Section 200 – Rules and Regulations
1.06 DEFINITIONS OF TERMS:

J. “___” means the action is permissive.

A

MAY

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89
Q

Section 200 – Rules and Regulations
1.06 DEFINITIONS OF TERMS:

Q. “_______” means the action is advisory and where used it indicates the procedure is not mandatory, however, it ought to be followed if the situation permits.

A

SHOULD

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90
Q

Section 200 – Rules and Regulations
1.06 DEFINITIONS OF TERMS:

H. “____________” means any alcoholic beverage or controlled substance, which, when introduced into the body, may cause an impairment of any mental or physical capacity.

A

INTOXICANT

I. “INTOXICATION” means any level of mental or physical incapacitation resulting from the voluntary introduction of any alcoholic beverage or controlled substance into the body.

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91
Q

Section 200 – Rules and Regulations
1.06 DEFINITIONS OF TERMS:

K. “_________” mean all employees of the San Antonio Police Department.

A

MEMBERS

(all employees, both sworn and non-sworn)

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92
Q

Section 200 – Rules and Regulations
1.06 DEFINITIONS OF TERMS:

M. “______________” means a comprehensive, instructional, written communication providing direction in the accomplishment of a police related task.

A

PROCEDURES

i.e. Standard Operating PROCEDURES

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93
Q

Section 200 – Rules and Regulations
1.06 DEFINITIONS OF TERMS:

N. “___________” means, but is not limited to, deviant sexual intercourse, sexual contact, sexual intercourse, public lewdness and indecent exposure.

A

SEXUAL CONDUCT

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94
Q

Section 200 – Rules and Regulations
1.06 DEFINITIONS OF TERMS:

O. “___________ ____________ ______________” means a conduct that an ordinary and prudent person would not engage in, given the same set of facts and circumstances and that by its very nature would bring reproach and/or discredit to the San Antonio Police Department, regardless of the legality of such conduct.

A

SIGNIFICANT BEHAVIORAL INFRACTION

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95
Q

Section 200 – Rules and Regulations
1.06 DEFINITIONS OF TERMS:

R. “________________” means any member who is subject to the authority of another.

A

SUBORDINATE

SUPERVISORY OFFICERS = sworn personnel of this department who have attained the rank of sergeant or above.

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96
Q

Section 200 – Rules and Regulations
1.06 DEFINITIONS OF TERMS:

T. “____ __ ____” means that period of time beginning when the member reports for duty and ending when he is relieved from duty by either the dispatcher or a supervisory officer.

A

TOUR OF DUTY

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97
Q

Section 200 – Rules and Regulations

  1. 06 DEFINITIONS OF TERMS:
  2. 07 THE MEANING AND INTENT OF OTHER WORDS OR PHRASES:

Words or phrases not specifically defined in these rules and regulations shall be interpreted to have the meaning and intent established in the
_________ ________.

A

common usage

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98
Q

Section 200 – Rules and Regulations
SECTION 2.00 ADMINISTRATION
2.01 COMMAND/SUPERVISORY RESPONSIBILITIES:
A. MAINTAIN BOOKS AND RECORDS:

Supervisory officers shall maintain all _____, ______, and ______ under the supervisory officer’s authority in conformity with the rules, regulations, and procedures of the department.

A

books, records, and reports

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99
Q

Section 200 – Rules and Regulations
SECTION 2.00 ADMINISTRATION
2.01 COMMAND/SUPERVISORY RESPONSIBILITIES:
B. ENFORCE RULES:

Supervisory officers shall be _______ and _________ in the enforcement of these rules and procedures;

A

uniform and impartial

the insurance of conformity on the part of command officers to all orders, directives, and other instructions issued to the members of the department.

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100
Q

Section 200 – Rules and Regulations
SECTION 2.00 ADMINISTRATION
2.01 COMMAND/SUPERVISORY RESPONSIBILITIES:

C. KEEP INFORMED OF ACTIVITY UNDER COMMAND:

Supervisory officers shall keep informed of all activity which affects their responsibility within the supervision;
_________ ________ ____ __________ ___ _____________ as to conditions in their beats and posts or as to functions of their assignments.

A

frequently testing the knowledge of subordinates

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101
Q

Section 200 – Rules and Regulations
SECTION 2.00 ADMINISTRATION
2.01 COMMAND/SUPERVISORY RESPONSIBILITIES:
D. DOCUMENT BRIEFINGS AND INSPECTIONS:

Supervisory officers shall document all _________ and __________ of personnel.

A

inspections and briefings

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102
Q

Section 200 – Rules and Regulations
SECTION 2.00 ADMINISTRATION
2.01 COMMAND/SUPERVISORY RESPONSIBILITIES:
E. COORDINATE ACTIVITIES WITH OTHER UNITS:

Command officers shall ______ ________ of the operations of other divisions of the department, and _______________ the activities of their command with other divisions and sections of the department.

A

keep advised

coordinate

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103
Q

Section 200 – Rules and Regulations
SECTION 2.00 ADMINISTRATION
2.01 COMMAND/SUPERVISORY RESPONSIBILITIES:
F. HAVE UPDATED EMPLOYEE LOCATOR LIST:

Supervisory officers shall have at their __________ the current employee locator list, properly corrected to date.

Supervisory officers receiving locator lists must frequently review them and check all changes with the personnel involved.

A

residence

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104
Q

Section 200 – Rules and Regulations
SECTION 2.00 ADMINISTRATION
2.01 COMMAND/SUPERVISORY RESPONSIBILITIES:

List the COMMAND/SUPERVISORY RESPONSIBILITIES:

A

A. MAINTAIN BOOKS AND RECORDS

B. ENFORCE RULES

C. KEEP INFORMED OF ACTIVITY UNDER
COMMAND

D. DOCUMENT BRIEFINGS AND INSPECTIONS

E. COORDINATE ACTIVITIES WITH OTHER UNITS

F. HAVE UPDATED EMPLOYEE LOCATOR LIST

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105
Q

Section 200 – Rules and Regulations
1.06 DEFINITIONS OF TERMS:
SECTION 2.00 ADMINISTRATION

2.02 CHAIN-OF-COMMAND:

All officers ______ familiarize themselves with the command structure of the department and operate within it.

A

shall

2.03 DIRECTIVE SYSTEM:

All departmental personnel ______ familiarize themselves with the formal means of communications within the
department.

shall

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106
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.01 ABIDE BY LAWS AND DEPARTMENTAL ORDERS:
A. LAWS, ORDERS, RULES, REGULATIONS, AND PROCEDURES:

Members _____ abide by the laws of the United States and the State of Texas, ordinances of the City of San Antonio, and the departmental orders, rules, regulations, and procedures of the San Antonio Police Department.

A

shall

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107
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.02 TRUTHFULNESS OF MEMBERS:

Members ______ speak the truth at all times.

Reports and written communications from any member shall also reflect the truth.

A

shall

Vice, Narcotics other covert operations?

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108
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES

3.03 OBEY LAWFUL ORDERS:

Members shall promptly and willingly obey all lawful orders and directions given by supervisory officers and shall comply with instructions given by the ______ __________.

A

police dispatcher

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109
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.03 OBEY LAWFUL ORDERS:

A. INSUBORDINATION:

Defying the authority of any ____________ _________ by obvious disrespect, disputing orders, failure and/or deliberate refusal to obey any lawful order given by them shall be deemed insubordination.

A

supervisory officer

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110
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.03 OBEY LAWFUL ORDERS:

B. MANNER OF ISSUING ORDERS:

Orders from a supervisor to a subordinate shall be in _______, ________________, _______________, and ____________________________.

A

clear, understandable language, civil in tone, and issued in pursuit of departmental business

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111
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.03 OBEY LAWFUL ORDERS:

C. UNLAWFUL ORDERS PROHIBITED:

No commanding or supervisory officer shall _______ or ________ issue any order which is a violation of any law, ordinance, or departmental rule.

A

knowingly or willfully

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112
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.03 OBEY LAWFUL ORDERS:
D. CRITICISM OF LAWFUL ORDERS:

Members shall not __________ criticize or comment derogatorily to anyone about instructions or orders they have received from a supervisory officer.

A

publicly

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113
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.03 OBEY LAWFUL ORDERS:
E. CONFLICT OF ORDERS:

Should any subordinate receive an order which conflicts with a previous order from another supervisory officer or with any general order, they ________ __________ call attention to the conflict.

A

shall respectfully

If the supervisory officer giving the conflicting order does not change the same, so as to eliminate the conflict, his order shall stand and the responsibility shall rest with the supervisor.

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114
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.03 OBEY LAWFUL ORDERS:
F. OBEDIENCE TO UNLAWFUL ORDERS NOT REQUIRED:

No member is required to obey an order which is contrary to the laws of the United States, statutes of the State of Texas, ordinances of the City of San Antonio, and ______________________________.

A

orders, rules, regulations, and procedures of the San Antonio Police Department.

E. CONFLICT OF ORDERS (conflict of GM procedures)

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115
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
G. OBEDIENCE TO UNJUST OR IMPROPER ORDERS:

Members who are given orders they feel are unjust or contrary to departmental orders or the Rules and Regulations of the Department must first ________________________ and may then proceed to appeal as provided herein.

A

obey the order to the best of their ability

and ** may** then proceed to appeal as provided herein.

This again conflicts with:
F. OBEDIENCE TO UNLAWFUL ORDERS NOT REQUIRED:
E. CONFLICT OF ORDERS

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116
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
H. REPORTING UNLAWFUL ORDERS:

Any member who is given any unlawful, unjust, or improper order _____, at the first opportunity, report in writing to the Chief of Police, through the chain-of-command, the facts of the incident together with their own action.

A

shall

This conflicts with:
G. OBEDIENCE TO UNJUST OR IMPROPER ORDERS:
** may**. then proceed to appeal as provided herein.

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117
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
I. APPEALS FROM UNLAWFUL OR UNJUST ORDERS:

Members ______ appeal for relief from orders or instructions which are unlawful or unjust.
Such appeals must be made in writing to higher authority through the chain-of-command.

A

shall

This conflicts with:
G. OBEDIENCE TO UNJUST OR IMPROPER ORDERS:
** may**. then proceed to appeal as provided herein.

The only explanation is if you decide to appeal, you must do it this way and not contact the FBI or another outside agency.
(Keep their bullshit “in-house”)

But it doesn’t read that way due to:
H. REPORTING UNLAWFUL ORDERS:
This entire group of orders/procedures are conflicting.

Did they read what they wrote?

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118
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.04 RESPONSIBILITY TO SERVE THE PUBLIC:

Members shall serve the public through __________, __________, __________, and __________.

Members shall also respect the rights of individuals and perform their services with honesty, sincerity, courage, and sound judgment.

A

direction, counseling, assistance, and protection of life and property

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119
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.04 RESPONSIBILITY TO SERVE THE PUBLIC:

A. ______________________:
Members, while being vigorous and unrelenting in the enforcement of the law, must maintain an impartial attitude toward complainants and violators. Members shall, at all times, consider it their responsibility to be of service to anyone who may be in danger or distress, regardless of race, color, creed, gender, or national origin.

B. ____________:
Members shall at all times be courteous, kind, patient, and respectful in dealing with the public, and shall strive to merit the esteem of all law abiding citizens by an impartial discharge of their official duties.

C. ________ and __________:
Members, on-or off-duty, shall be governed by the ordinary and reasonable rules of good conduct and behavior, and shall not commit any act tending to bring reproach or discredit on themselves or the department.

D. ________________:
All members of the department, when called upon to do so by any person, shall, in a courteous manner, give their name and badge number.

E. ___________________________:
An officer not in uniform, when exerting police authority, shall identify themselves as a police officer and state the purpose or reason for their actions.

F. _______________________:
Members shall not give aid or assistance in civil cases, except to prevent a breach of the peace or halt a disturbance.

G. ___________________________:
Members shall maintain sufficient competency to properly perform their duties and assume the responsibilities of their positions.

A
A. IMPARTIAL ATTITUDE
B. COURTESY
C. CONDUCT AND BEHAVIOR
D. DUTY TO IDENTIFY
E. POLICE ACTION WHEN NOT IN UNIFORM
F. NEUTRALITY IN CIVIL ACTIONS
G. MAINTENANCE OF COMPETENCY
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120
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.05 PHYSICAL HYGIENE AND PSYCHOLOGICAL WELL-BEING:
Members shall maintain themselves in good physical and mental condition.

A. ___________________: All members, by frequent bathing, shall exercise good bodily hygiene and cleanliness.
B. ___________________: All members, by regular exercise and moderate living, shall maintain themselves in such a physical condition as to be able to handle strenuous physical contacts or demands required of the active, uniformed law enforcement officer.
C. __________________: No member shall become physically or mentally dependent upon alcohol or any controlled substance unless administered by a licensed physician. Dependence upon a prescribed drug is not an excuse for being unable to perform.
D. __________________: Members shall neither possess, use, nor distribute any substances regulated by the Controlled Substances Act, except possession related to official police duties or unless such use or possession is under the direction of a licensed physician.
E. __________________: Members may be required to seek medical or psychological services upon the order of the Chief of Police.

A
A. GOOD PHYSICAL HYGIENE
B. MAINTENANCE OF PHYSICAL STANDARDS
C. CHEMICAL DEPENDENCE
D. CONTROLLED SUBSTANCES
E. EMOTIONAL AND PHYSICAL WELL-BEING
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121
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.06 RELATIONSHIPS WITH CO-WORKERS:

Members shall conduct themselves in such a manner so as to bring about the greatest courtesy or understanding
and cooperation among the various units of the Department.

A. _____________: Members shall treat other members of the Department with respect, affording them the response due to them as co-workers.

B. ______________: Members shall be courteous, civil, and respectful to their supervisory officers and co- workers, and shall not use threatening or insulting language, whether on- or off-duty.

C. _______________: Members shall exhibit respect for supervisory officers at all times.

D. ______________: Members shall cooperate, support, and assist each other at every opportunityand shall not publicly criticize the work or the manner of performance of duty of any other member.

E. ______________: Members shall act together and protect one another in a time of danger or under circumstances where danger might reasonably be impending.

F. _______________: Members shall abstain from performing any acts or making any statements, oral or written, which are directed at their co-workers with the intent to destroy the morale, good order, and working relationships with such co-workers.

A
A. MUTUAL RESPECT
B. COURTESY
C. RESPECT TO SUPERVISORY OFFICERS
D. SUPPORTING FELLOW MEMBERS
E. SUPPORT IN TIME OF DANGER
F. WORKING RELATIONSHIPS

Members: all employees, both sworn and non-sworn!!!

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122
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES

3.07 CRITICISM OF THE DEPARTMENT:
Members of the department shall not criticize or ridicule the department, its policies, administrators, or public
officials through speech, writings, or other forms of expression.

A. __________________: Members shall not use speech, writings, or other forms of expression that are defamatory, obscene, or unlawful.

B. __________________: Members shall not use speech, writings, or others forms of expression that tend to interfere with or undermine the effectiveness of the Department to provide public services.

C. __________________: Members shall not use speech, writings, or other forms of expression that tend to interfere with the maintenance of proper discipline.

D. __________________: Members shall not use speech, writings, or other forms of expression that tend to adversely affect the public’s confidence in the integrity of the Department and/or its officers and employees.

E. __________________: Members shall not use speech, writings, or other forms of expression that damage or impair the reputation or efficiency of the Department.

F. __________________: Members shall not use speech, writings, or other forms of expression that are made with negligent disregard for the truth.

A
A. DEFAMATORY
B. UNDERMINES EFFECTIVENESS OF DEPARTMENT
C. INTERFERES WITH DISCIPLINE
D. AFFECTS PUBLIC CONFIDENCE
E. DAMAGES REPUTATION OF DEPARTMENT
F. DISREGARDS THE TRUTH
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123
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.08 UNAUTHORIZED RELEASE OF INFORMATION:

A. __________: No member of the department shall make known any information concerning the progress of an investigation or proposed action against a known or reported law violation or condition, or any proposed police action of any type, to persons not authorized to receive it.

B. ____________: Members shall not present themselves as representing the Department in any matter unless delegated or authorized to do so by a supervisory officer.

C. ____________: No member of the Department shall make a public address or write for publication concerning the affairs of the Department without the consent of the Chief of Police.

D. ____________: Statements of policy, information regarding changes in organization, or disciplinary action will be made from the Office of the Chief of Police, and no member of the Department, unless specifically authorized, will discuss such matters with others.

E. _____________: It is forbidden to give information about any prisoner in confinement to any attorney, bondsman, the agent of either, or any other person not authorized to receive it.

F. _______________: No member shall recommend to any person the name or names of any attorney, counselor, bondsman, or other person.

A

A. PROGRESS OF INVESTIGATION

B. RELEASE OF PUBLIC STATEMENT

C. PUBLIC ADDRESS OR WRITING FOR PUBLICATION

D. STATEMENTS OF POLICY, ORGANIZATION, AND DISCIPLINARY ACTION

E. RELATIONSHIP WITH ATTORNEY, BONDSMAN, OR AGENT

F. RECOMMENDATION OF ATTORNEY OR AGENT

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124
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.09 INFORMATION ON BULLETIN AND CITY EMAIL:

A. Members are responsible for reading the department’s Daily Bulletin at the ___________ their tour of duty.

Departmental personnel returning to duty after any absence shall read all directives published during their absence, prior to returning to duty.

B. Members shall read their departmental email at the __________ of their tour of duty.

A

the beginning

the beginning

and are strongly encouraged to check their departmental email at the end of their tour of duty.

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125
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.10 CURRENT ADDRESS AND TELEPHONE:

All members shall report to their immediate supervisor and to the Administrative Services, on any change of address and/or telephone number within ____ working days. Members shall have a working telephone available to them. Members may rely on a mobile phone as a means of being contacted for departmental, standby and/or call-back purposes.

A

two working days

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126
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.11 USE OF INTOXICANTS:

A. DRINKING ON-DUTY: Members shall not drink intoxicating beverages while on-duty. No member shall report for duty exhibiting the odor of intoxicants, or any of the elements or appearance of intoxication.

**The exception shall be ____________________.

B. INTOXICATION: Members shall not, at any time, be intoxicated while on-duty. Members shall not be intoxicated while in public view. No member, while off-duty, shall drink intoxicating beverages to an extent which renders them unfit to report for duty.

C. ALCOHOLIC BEVERAGES ON OFFICIAL PREMISES: Intoxicants in any form will not be brought into any police facility, including city vehicles, except when approved by a supervisor; except when related to official police duties.

D. CONSUMPTION OF ALCOHOLIC BEVERAGES IN UNIFORM: No officer shall drink intoxicants in uniform.

A

for a member to accomplish a specific police assignment or mission, when approved by a supervisor.

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127
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.12 USE OF TOBACCO:

Members shall refrain from the use of tobacco in any form while ________________.

A) in a city vehicle
B) in uniform
C) in direct contact with the public
D) on duty

A

C) in direct contact with the public

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128
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.13 VEHICLE OPERATOR’S LICENSE:

Every officer is responsible for having in his possession a ______ vehicle operator’s license.

A

valid

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129
Q

GM - Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.14 FINANCIAL OBLIGATION:

No member in a supervisory position shall place themselves under financial obligation to a _________, nor shall a supervisor solicit a ____________ as a co-maker or endorser of any note or obligation.

A

subordinate

subordinate

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130
Q

GM - 200 Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.15 GRATUITIES, LOANS, AND SOLICITATIONS:

A. ACCEPTING GIFTS: Members shall not receive from ___________, _________ ___________ _________ ______ ________, ________ ___________ __ _______ _______, nor their representatives, either directly or indirectly, any tangible or intangible property, whether it is a gift or the result of a purchase or trade.

B. BORROWING: Members shall not borrow anything of value from any person or persons known or suspected to be ________ __ _________ _________.

C. SOLICITATIONS: Members will not solicit funds for the benefit of any member, the Department, or any other public or private agency without the written authority of the ______ __ ________.

A

3.15 GRATUITIES, LOANS, AND SOLICITATIONS:
A. ACCEPTING GIFTS: Members shall not receive from prisoners, persons recently released from custody, persons suspected of criminal activity, nor their representatives, either directly or indirectly, any tangible or intangible property, whether it is a gift or the result of a purchase or trade.

B. BORROWING: Members shall not borrow anything of value from any person or persons known or suspected to be engaged in criminal activity.

C. SOLICITATIONS: Members will not solicit funds for the benefit of any member, the Department, or any other public or private agency without the written authority of the Chief of Police.

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131
Q

GM - 200 Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.16 ACCEPTING REWARDS:

Members of the Department shall not accept any reward of money, or fee, or compensation of any type for any __________ __________ in the performance of duty other than the salary or stipends given by the city or other branch of government.

A

service rendered

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132
Q

GM - 200 Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.17 OUTSIDE EMPLOYMENT:

A. PERMISSION REQUIRED: Members of the Department shall not engage in any outside employment, nor own, operate, or have any financial interest in any business activity without the approval of the _____ __ ________.

B. OBEY LAWS: Officers engaged in performing police duties in outside employment, ____________________, must enforce all laws as though on-duty for the San Antonio Police Department.

C. SUBJECT TO RULES AND REGULATIONS: Officers engaged in outside employment shall conduct themselves ___________________.

A

Chief of Police

whether in uniform or civilian clothes

as though they were on-duty and shall be subject to these rules and regulations

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133
Q

GM - 200 Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.18 CITY EQUIPMENT/PROPERTY:

A. IMPROPER OR NEGLIGENT HANDLING: Improper or negligent handling of any city property or willful damage to city property is prohibited.

B. LOSS THROUGH NEGLIGENCE: Officers losing their badges, firearms, or other city equipment through negligence or carelessness may be obligated to pay for the replacement cost or an amount determined by the degree of negligence on the part of the officer.
Loss or damage to city property occurring while the member is acting properly in the line of duty, or in a burglary of their home, is not classified as negligence.
Members should not leave removable city issued equipment in ____________ in any vehicle.
An officer may be found negligent if they leave city issued equipment in any vehicle and the property is stolen, as a result of a burglary of that vehicle.

C. SAFE OPERATION OF VEHICLES: City vehicles will be operated in a safe manner and in compliance with all traffic laws.

A

plain view

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134
Q

GM - 200 Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.18 CITY EQUIPMENT/PROPERTY:

D. INVENTORIED CITY PROPERTY: Inventoried city property, which includes city vehicles, shall not be used by any member of the department without the knowledge and permission of the ______________.

E. WASTE OR CONVERSION: Members shall not willfully waste or convert to their own use any city owned supplies, equipment, or services.

F. REPORTING MALFUNCTION: Members shall immediately report any malfunction or need of repairs of any city property used by the member, or which may be under their control.

G. ALTERING ACCESSORIES: Members shall not alter, deface, or in any way change any part or accessory of any city property.

H. MAINTAINING NEAT, CLEAN, AND ORDERLY CONDITION: Members shall maintain offices and vehicles used by them in a neat, clean, and orderly condition.

A

person responsible for said equipment or vehicle

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135
Q

GM - 200 Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.19 UNAUTHORIZED EXPENDITURES:

Obligation of funds or financial liability shall not be incurred in the name of the Department or the City of San Antonio by any member unless authorized by the ______ __ _______ pursuant to an approved ordinance.

A. Chief of Police
B. Major of San Antonio
C. The City Manager
D. The City Council

A

A. Chief of Police

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136
Q

GM - 200 Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.20 NOTICE OF SICK LEAVE:

Notice that a member is sick or injured and cannot report for duty will be made to their _________________ ______________.

A

immediate supervisor.

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137
Q

GM - 200 Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES

3.21 FEIGNING ILLNESS OR INJURY:
No member shall feign illness or injury.

3.22 ILLNESS WHILE ON-DUTY:
When a member becomes sick while on-duty to the extent they must leave their duty station, they shall
immediately notify their ___________.

A

supervisor

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138
Q

GM - 200 Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.23 RESTRICTIONS ON ACTIVITIES WHILE SICK, INJURED, OR ON LIMITED-DUTY:

A. REMAIN AT RESIDENCE: Members, while on sick or injured leave, shall remain at their place of residence
unless it is necessary for them to go to a ______, ________, or _________.
If for medical reasons it should be necessary for a sick or injured member to stay at some location other than their residence, they must notify their supervisor who shall ensure the new temporary address is made a matter of record.

B. NO EXTRA EMPLOYMENT: Members shall neither engage in outside employment nor work any city overtime while on sick or injured leave. Members, after having been out on sick or injured leave, must complete ________________ before engaging in any outside employment or working city overtime. The overtime restriction may be waived in an emergency.

C. LIMITED OR LIGHT-DUTY STATUS: Members on limited-duty or light-duty status shall not engage in any off-duty employment or work any overtime for the city.
The overtime restriction on limited-duty may be waived during an emergency.

A

doctor, hospital, or pharmacy

one regular tour of duty

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139
Q

GM - 200 Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.24 NEGOTIATIONS ON BEHALF OF SUSPECT:

A. PARTICIPATE IN ARRANGEMENT:
Members shall not participate in any arrangement between the suspect and the person who has allegedly suffered by the suspect’s act which would result in the criminal escaping the penalty of the law, nor shall any member seek the ________ or ________ of any case on behalf of the defendant in court for any reason.

B. PROMISES:
Members shall not make promises that cannot be fulfilled.

A

continuance or dismissal

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140
Q

GM - 200 Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.25 TRAFFIC STOPS WHILE NOT IN UNIFORM:

A. OFF-DUTY:
Off-duty officers, whether in uniform or not, _______ engage in traffic stops. In cases involving crashes or where probable cause exists for the offense of driving while intoxicated, off-duty officers should contact the dispatcher to request an on-duty officer to make the traffic stop or arrest traffic violators.

B. ON-DUTY:
On-duty officers, not in uniform, may make traffic stops only when their assignment requires such traffic stops and when such traffic stops are approved by their ________ ____________ in writing.

In such cases, the vehicle used in making the traffic stop shall have an ____________ as required for emergency vehicles by the Texas Motor Vehicle Laws.

C. REQUEST ASSISTANCE:
On-duty officers, not in uniform, other than that situation outlined in paragraph B, shall not make traffic stops.
If there is a need to stop a traffic violator, the non-uniformed officer shall request a ____________ to make the traffic stop.

A

shall not

division commander

emergency light prominently displayed
and a siren

uniformed officer in a marked vehicle

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141
Q

GM - 200 Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.26 TREATMENT OF PRISONERS:

Prisoners shall be protected in their legal rights, given humane treatment, and shall not be subjected to verbal abuse or ____________ physical violence.

A

unnecessary

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142
Q

GM - 200 Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.27 GIVING INFORMATION IN INTERNAL INVESTIGATIONS:

A. DUTY TO GIVE INFORMATION:
A member shall, when requested, answer questions, render statements, or surrender material relevant to a Professional Standards Section investigation.

B. GARRITY WARNING: Any member who is the subject of a Professional Standards Section investigation gives a written report; provided they are advised:

1.
2.
3.

A
  1. The report is for departmental purposes only;
  2. The report will not be used against them in any subsequent criminal investigation or prosecution;
  3. Should they fail to give a written report, a lawful order to do so will be given, and failure to follow such an order will result in disciplinary action.
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143
Q

GM - 200 Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.28 RESPONSIBILITY TO KNOW LAWS AND PROCEDURES:

A. LAWS AND ORDINANCES:
Members shall ____________________ the laws and ordinances which they are charged with enforcing.

B. WRITTEN DIRECTIVES:
Members shall _____________ with all written directives which are published by the department and which affect their assignment.

C. PENALTY FOR VIOLATIONS:
Violation of any lawfully adopted departmental rule or regulation by any department employee who is subject to the same, shall be sufficient cause for suspension or termination in accordance with applicable law contained in the Fire and Police Civil Service Commission procedure, whether the rule or regulation is part of the originally promulgated rules and regulations, or is contained in a subsequent ___________________________.

A

learn and thoroughly understand (LAWS AND ORDINANCES)

familiarize themselves (WRITTEN DIRECTIVES)

general or special order, directive, or other amendment to the rules.

D. LACK OF KNOWLEDGE: Lack of knowledge of such rules or regulations shall never be a defense to any disciplinary action, if said rules or regulations have been disseminated or posted as set forth in the regulations and if the employee has had a reasonable opportunity to become familiar with the rules and regulations.

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144
Q

GM - 200 Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.29 SOLICITING SPECIAL PRIVILEGES:

A. FOR PERSONAL GAIN:
Members shall not use their ______ ________ to solicit special privileges for themselves or others.

B. SOLICITING CITIZENS’ PETITION:
Members shall not request the aid of any ______ to have them transferred within the department from one classification of work to another, nor to have them transferred from one beat or district of the city to another.

A

official position

citizen

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145
Q

GM - 200 Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.30 CONSORTING WITH PERSONS OF ILL-REPUTE:
A. Members shall limit their personal and professional associations to persons of good character and whose reputations are _________.

B. Members shall not associate with known or suspected criminals where said associations do or tend to bring the department and/or the member into disrepute.
Generally, familial associations are not prohibited by this rule. However, where an association is with a family member who still engages in criminal activity, or where the association does or tends to further criminal conduct on the part of the family member, those associations are prohibited.
Associations with known or suspected criminals in __________________ are not prohibited by this rule.

A

beyond reproach.

furtherance of a member’s duties

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146
Q

GM - 200 Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.31 DISPLAYING OR DISCHARGING FIREARMS:

A. DISPLAYING FIREARM WHILE NOT IN UNIFORM:
Officers, whether on- or off-duty, not in uniform,
are prohibited from wearing their weapon on the outside of their clothing in such a manner it causes alarm.

B. DISPLAYING FIREARM UNNECESSARILY:
Members shall not unnecessarily display their firearms.

C. DISCHARGING FIREARMS:
Officers may discharge firearms in the following circumstances only:

1.
2.
3.
4.

D. REPORT REQUIRED:
Any officer discharging a weapon ______________, shall immediately report the incident, in writing, to their immediate supervisor.

A
  1. At target practice;
  2. To destroy an animal in conformance with departmental procedures;
  3. In defense of one’s life or the life of another; or
  4. To hunt wild game, while properly licensed and in conformance with state law.

D. REPORT REQUIRED:
Any officer discharging a weapon accidentally or intentionally, except on the target range or while lawfully hunting wild game, shall immediately report the incident, in writing, to their immediate supervisor.

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147
Q

GM - 200 Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.32 ACTIVITIES OF MEMBER WHILE UNDER SUSPENSION:

A. PROHIBITED ACTIVITIES: Officers while under suspension shall not:

1.
2.
3.
4.
5.

B. RIGHTS AND PRIVILEGES:
Officers, while under suspension, have only the rights and privileges afforded a __________ regarding the carrying of any weapon.

A
  1. Wear the San Antonio Police Department uniform or any part of the uniform;
  2. Represent themselves as members of the San Antonio Police Department;
  3. Carry or display their San Antonio Police Department badge or identification;
  4. Engage in outside employment which requires an extension of police services; nor any form of outside employment prohibited by existing SAPD General Manual procedures governing outside employment;
  5. Exercise the power or authority of a police officer of the City of San Antonio, Texas.

B. RIGHTS AND PRIVILEGES:
Officers, while under suspension, have only the rights and privileges afforded a private citizen regarding the carrying of any weapon.

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148
Q

GM - 200 Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES

3.33 ARRESTS IN PERSONAL QUARRELS:
Members, while off-duty, shall not make arrests in quarrels in which they are personally involved or those in which their families are involved, except when _________________________.

3.34 MAINTAINING CERTIFICATION:
Each officer shall maintain minimum standards for retention of their license issued by the Texas Commission on Law Enforcement.

A

3.33 ARRESTS IN PERSONAL QUARRELS:
Members, while off-duty, shall not make arrests in quarrels in which they are personally involved or those in which their families are involved, except when immediately necessary to prevent bodily injury or death.

Each officer shall maintain minimum standards for retention of their license issued by the Texas Commission on Law Enforcement.

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149
Q

GM - 200 Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.35 REPORT AN ARREST, CRIMINAL CHARGE, OR INDICTMENT:

Any member arrested, charged with, or indicted for a state criminal offense, in any state, which is above the level of a ____________ or which ____________ and the _________ involves the duties and responsibilities of office, or for a federal criminal offense, must immediately provide the Office of the Chief of Police with written notification of such incident. The member must provide the Office of the Chief of Police with the name of the arresting agency, a description of the nature of the charges, and the style, court and cause number of the charge or indictment, if any.

3.34 MAINTAINING CERTIFICATION:
Each officer shall maintain minimum standards for retention of their license issued by the Texas Commission on Law Enforcement.

A
3.35 REPORT AN ARREST, CRIMINAL CHARGE, OR INDICTMENT:
Any member arrested, charged with, or indicted for a state criminal offense, in any state, which is above the level of a *class C misdemeanor or which is a class C misdemeanor and the class C misdemeanor involves the duties and responsibilities of office,* or for a federal criminal offense, must immediately provide the Office of the Chief of Police with written notification of such incident. The member must provide the Office of the Chief of Police with the name of the arresting agency, a description of the nature of the charges, and the style, court and cause number of the charge or indictment, if any.

Each officer shall maintain minimum standards for retention of their license issued by the Texas Commission on Law Enforcement.

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150
Q

GM - 200 Rules and Regulations
SECTION 3.00 INDIVIDUAL RESPONSIBILITIES
3.36 SEXUAL MISCONDUCT PROHIBITED

A. Members (sworn and civilian) are prohibited from engaging in sexual conduct while:

1.

2.

3.

4.

5.

6.

A
  1. On-duty;
  2. In uniform;
  3. Working off-duty (extension of police services);
  4. Officially representing the San Antonio Police Department;
  5. In a mentoring capacity (Including, but is not limited to:
    (direct supervision, F.T.O., Academy Instructor or Explorer Advisor, etc.)
  6. Using their position with the San Antonio Police Department in any capacity;
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151
Q

GM - 200 Rules and Regulations
SECTION 4.00 ATTENTIVENESS TO DUTIES
4.01 MEMBERS SUBJECT TO DUTY:

While within the corporate limits of the City of San Antonio, officers of the San Antonio Police Department will consider themselves available for duty in any emergency situation, regardless of their actual duty status.

On-duty officers shall carry their police identification and an approved weapon.
Off-duty officers shall carry their police identification and should carry an approved weapon.

A. NONEMERGENCY ACTIONS: When an officer, not on-duty, has a matter come to their attention that is not an emergency situation requiring immediate action, they shall call the police dispatcher and request the assignment of an on-duty officer.
Once the on-duty officer has arrived, the off-duty officer will not interfere or participate in the incident unless _________________.

B. AUTHORITY OUTSIDE CITY LIMITS WHILE OFF-DUTY:
An officer, while off-duty outside the city, has only the rights, authority, and privileges of a private citizen.

C. AUTHORITY OUTSIDE CITY LIMITS WHILE ON ASSIGNMENT:
Police officers on an assignment outside the city, contact the agency having original jurisdiction, and seek the assistance of that agencies officer’s in any action to be taken.
Any action taken will be confined to what is necessary to accomplish the assignment.

A

requested to do so by the officer(s) assigned to handle the incident.

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152
Q

GM - 200 Rules and Regulations
SECTION 4.00 ATTENTIVENESS TO DUTIES
4.02 ALERTNESS REQUIRED OF MEMBERS:

Members shall at all times be attentive to their duties by their alertness and observation, and demonstrate their interest in their work.

  1. 03 REQUIREMENT TO TAKE ACTION:
    * ________* members are required to take prompt and effective police action conforming to departmental policies with respect to violations of laws and ordinances and matters affecting public safety coming to their attention, or of which they have knowledge.
A

On-duty

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153
Q

GM - 200 Rules and Regulations
SECTION 4.00 ATTENTIVENESS TO DUTIES

4.04 REPORTING FOR DUTY:
Members, unless otherwise directed, shall report for duty or present themselves at the time and place specified by proper authority. They shall be properly uniformed, or dressed, and equipped.

4.05 AVAILABILITY WHEN ON-DUTY:
No member while on-duty shall conceal himself, except for some police purpose.
Members shall keep themselves ___________ and _________ __________ at all times when on-duty.

A

immediately and readily available

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154
Q

GM - 200 Rules and Regulations
SECTION 4.00 ATTENTIVENESS TO DUTIES

4.06 ON-DUTY ACTIVITIES:
Members shall not devote any of their on-duty time to any activity other than that which relates to their duty assignment.
Members shall not enter places of amusement while on-duty, except for police purposes.
Members shall not remain at ____________ longer than is necessary to accomplish a police objective.

A

any one place

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155
Q

GM - 200 Rules and Regulations
SECTION 4.00 ATTENTIVENESS TO DUTIES

4.07 PROMPT RESPONSE TO ALL CALLS:
Officers shall respond without delay to all calls for police service from citizens or other members.
Immediately upon __________________, officers shall notify the dispatcher of their return to service.

A

completion of the call

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156
Q

GM - 200 Rules and Regulations
SECTION 4.00 ATTENTIVENESS TO DUTIES
4.08 REPORTING HAZARDS AND ASSISTING THE PUBLIC:

Members observing anything of a dangerous or hazardous nature, citizens in distress, anything that might occasion public inconvenience, or seems irregular or offensive shall ensure proper action and report the incident.
Members shall ____________ and not avoid this responsibility.

A

assist the public.

🖕 🖕🏿🖕🏽🖕🏾🖕🏼🖕🏻

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157
Q

GM - 200 Rules and Regulations
SECTION 4.00 ATTENTIVENESS TO DUTIES
4.09 DUTY TO REPORT CRIMES:

Members receiving or possessing facts or information relative to a criminal offense shall not _______, ________, ________, or _______ such facts or information, and will report such facts.
Members will have a continuing duty to report facts and information relative to criminal offenses until the criminal offense has been reported through proper channels.

A

conceal, ignore, distort, or retain

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158
Q

GM - 200 Rules and Regulations
SECTION 4.00 ATTENTIVENESS TO DUTIES
4.10 DUTY TO REPORT INCIDENTS:

Members shall immediately report the following categories of incidents, in addition to other incidents covered by these rules and departmental procedures, in accordance with the procedures of the Department:

A.
B.
C.
D.
E.
F.
G.
H.
A

A. TRAFFIC CRASH INVOLVING MEMBER: Members, while in a city vehicle, shall immediately report any traffic crashes in which they are involved.

B. ON-DUTY INJURY: Members shall immediately report any personal injuries received in the line-of-duty.

C. OFF-DUTY INJURY: Members shall immediately report any off-duty injuries which are apt to interfere with the performance of duties.

D. INJURY OR PROPERTY DAMAGE CAUSED BY MEMBER: Members shall immediately report all property damage or injuries caused to other persons while in the performance of their duty.

E. INCIDENTS WHERE THE CITY MAY BE LIABLE: Members shall immediately report all incidents in which it appears the City of San Antonio may be liable for damages.

F. DANGER TO PUBLIC HEALTH OR SAFETY: Members shall immediately report any conditions which might endanger the public health or safety.

G. SUIT OR LEGAL PROCESS AGAINST MEMBER: Members shall immediately report any suits or legal processes filed against them by reasons of acts performed by them in the line-of-duty.
Personnel are to bring the original citation to the Office of the Chief and sign a form requesting Legal Representation, which will be forwarded to the City Attorney’s Office.
In the event personnel receive or are served with a suit or legal process after normal business hours, (0745-1630 hours, Monday – Friday), they shall report to the Office of the Chief the next business day with the original citation.

H. DAMAGE TO CITY PROPERTY: Members shall immediately report damage to any city property.

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159
Q

GM - 200 Rules and Regulations
SECTION 4.00 ATTENTIVENESS TO DUTIES
4.11 REQUIRED TO TAKE AND MAINTAIN NOTES:

Field officers shall carry ________ or _______ to record the details of any police action they might take.
All officers will take and keep notes of the police actions in which they are involved.
Data pertinent to cases investigated will be kept and maintained by the officer involved.

A

notebooks or notepads

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160
Q

GM - 200 Rules and Regulations
SECTION 4.00 ATTENTIVENESS TO DUTIES
4.12 OFFICIAL REPORTS:

A. COMPLETION OF REPORTS:
Members shall complete reports promptly, accurately, and in conformance with the reporting procedures of the department.

B. SUBMISSION OF REPORTS:
Members shall complete and submit all reports prior to going off-duty.

C. FORM AND CONTENTS:
Members’ reports shall be professionally written in good grammatical form and shall not contain slang, profanity, colloquial expressions, or insulting racial terminology, except when the language is a quotation and is essential to the investigation, a part of the offense, or related to the officer’s action.
The public portion of the report shall contain only the information required therein and shall not contain any information which is privileged or confidential. Information to be restricted from the public portion of the report includes:
1.
2.
3.
4.

A
  1. Matters relating to investigative techniques or procedures;
  2. Opinions or judgments of the officer;
  3. Facts tending to identify suspects or informants;
  4. Information which should be confidential and which relates to a continuing investigation.
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161
Q

GM - 200 Rules and Regulations
SECTION 4.00 ATTENTIVENESS TO DUTIES
4.13 DUTY TO TAKE ACTION:

Officers are charged with the responsibility to enforce local ordinances, state laws, and federal statutes, to preserve the peace, and to protect lives and property.
All officers will take immediate action to prevent any obvious felony offense, or to arrest, if reasonably possible, any known felony offender, and to protect ________________.

A

all persons and 🖕🏻property 🖕🏻from imminent harm

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162
Q

GM - 200 Rules and Regulations
SECTION 4.00 ATTENTIVENESS TO DUTIES
4.14 COURTESIES ACCORDED THE NATIONAL COLORS AND ANTHEM:

Members of the department shall salute the National Colors during the playing of the National Anthem with the hand salute appropriate to their dress:

  1. Full Uniform with Headgear-At the first note of music: stand at attention and executes a military salute;
  2. Uniform without Headgear-At the first note of music: stand at attention and hold this position until the last note of music has been played;
  3. Relaxed Apparel or Civilian Attire-At the first note of music: _________________________________.
A

stand at attention and place right hand over heart.

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163
Q

GM - 200 Rules and Regulations
SECTION 4.00 ATTENTIVENESS TO DUTIES
4.14 COURTESIES ACCORDED THE NATIONAL COLORS AND ANTHEM:

Members of the department shall salute the National Colors during the playing of the National Anthem with the hand salute appropriate to their dress:

  1. Full Uniform with Headgear-At the first note of music: stand at attention and executes a military salute;
  2. Uniform without Headgear-At the first note of music: ____________ and hold this position until the last note of music has been played;
  3. Relaxed Apparel or Civilian Attire-At the first note of music: stand at attention and place right hand over heart.
A

stand at attention

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164
Q

GM - 200 Rules and Regulations
SECTION 4.00 ATTENTIVENESS TO DUTIES
4.14 COURTESIES ACCORDED THE NATIONAL COLORS AND ANTHEM:

Members of the department shall salute the National Colors during the playing of the National Anthem with the hand salute appropriate to their dress:

  1. Full Uniform with Headgear-At the first note of music: _______________;
  2. Uniform without Headgear-At the first note of music: stand at attention and hold this position until the last note of music has been played;
  3. Relaxed Apparel or Civilian Attire-At the first note of music: stand at attention and place right hand over heart.
A

stand at attention and executes a military salute

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165
Q

GM - 200 Rules and Regulations
SECTION 4.00 ATTENTIVENESS TO DUTIES
4.15 RESPONSIBILITY FOR INTERNAL INVESTIGATIONS:

A. FORMAL INVESTIGATIONS: The Professional Standards Section has the responsibility for investigating allegations of non-criminal misconduct by members of the Department.

B. INVESTIGATION OF MEMBERS: Members who have a reason to believe another member of the Department should be investigated shall write a report to the commander of the Professional Standards Section giving the details of that belief.

C. PRELIMINARY INVESTIGATIONS: Supervisory officers may conduct preliminary investigations under the following circumstances:

1.

2.

A
  1. Only to the extent necessary to determine the validity of a complaint or to provide justification for an investigation;
  2. If a violation is occurring and the offender may escape detection if an investigation is delayed.
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166
Q

GM - 200 Rules and Regulations
SECTION 4.00 ATTENTIVENESS TO DUTIES
4.16 ABSENCE FROM ASSIGNMENT:

Members shall not leave their “beats” or assigned areas except in the line-of-duty, upon authorization of a _________, or at the end of a scheduled tour-of-duty.

4.17 COOPERATION WITH OTHER AGENCIES:

Members shall cooperate with all agencies engaged in the administration of criminal justice and other public departments, giving to each all aid and information they might be entitled to receive.

4.18 RELATIONS WITH NEWS MEDIA:

Members shall be open, honest, and cooperative with members of the news media, whenever possible, provided such actions are consistent with the statutes of the State of Texas and the policies of the Department.

A

supervisor

“beats” Really are we in the 60’s or the 70’s?

🖕🏽

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167
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.01 INTRODUCTION

A. This procedure establishes a process to provide for the non-criminal investigation and discipline, when necessary, of sworn members for alleged or suspected violations of department rules, regulations, policies, or procedures, which may regulate the conduct of sworn members.

B. When a complaint focuses on a civilian member, the non-criminal investigation and discipline, when necessary, is determined by the civilian member’s ___________ ___________ or in accordance with any applicable administrative directives of the City.

C. This procedure does not supersede any criminal investigation for alleged violations of criminal laws or statutes by members of this Department.

D. The ‘Complaint and Administrative Review Board’ is synonymous with the ‘Chief’s Advisory Action Board’ as mentioned in the Collective Bargaining Agreement (CBA).

E. The “Crash Evaluation and Review Board” is synonymous with the “Chief’s City Vehicle Accident Advisory Action Board” as mentioned in the Collective Bargaining Agreement (CBA).

A

Division Commander

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168
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.02 POLICY

A. The Department is accountable for all official acts of its employees. Therefore, the Department holds its members to a high standard of conduct and discipline in order to preserve an essential relationship of trust and confidence with the community they serve.

B. Furthermore, the Department adheres to and practices progressive discipline. This allows for a range of sanctions that take into account the circumstances of individual matters while ensuring that discipline and other behavior modification schemes are commensurate with continued misconduct.

C. To achieve the desired degree of effectiveness, disciplinary procedures address considerations and expectations from the following three perspectives:
1.
2.
3.

D. The Internal Affairs Unit shall coordinate all investigations of alleged non-criminal misconduct by sworn members of the Department in accordance with this procedure.

E. The Chief of Police shall determine which unit or Department member shall investigate allegations of criminal misconduct made against a member of the Department.

A
  1. Community or external concerns
  2. Departmental or internal concerns
  3. Employee concerns
  4. Community or external concerns:
    An open and positive relationship with the citizens of this community must be preserved. Consequently, the Department accepts all complaints, regardless of form, source, or substance, and initiates investigative action appropriate to the seriousness of the complaint.
  5. Departmental or internal concerns:
    A consistent and fair disciplinary system supports an effective operational environment. The Department provides corrective action for a member who demonstrates a need for behavioral correction and commends proper conduct and judgment.
  6. Employee concerns:
    Members should have a reasonable expectation they may exercise prudent judgment in a fair, lawful, and impartial manner while in the proper discharge of their duties and an expeditious and equitable process of disciplinary review will evaluate their actions.
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169
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.03 INCIDENTS INVOLVING OFFICERS

A. Officers will immediately self-report to their immediate supervisor, verbally and in writing on SAPD Form 200-OR, any disturbances that they are involved in that require a law enforcement response, or have knowledge or become aware that their involvement in a disturbance has the potential to result in a law enforcement response or a complaint.
If the officer’s immediate supervisor is not available, the officer shall report his involvement in the disturbance, verbally and in writing to any on-duty supervisor.
Any supervisor who received a self-report from an officer shall, submit a report and route his report along with the officer’s report utilizing Blue Team, through their chain of command to Internal Affairs for an administrative review.

B. On-duty officers handling any disturbance involving another officer (including from other departments) shall immediately notify their supervisor (handling officer’s supervisor) prior to departing the location. A supervisor being notified of a disturbance involving an officer from this department shall make the scene. Upon completing their report, the handling officer shall forward a copy of their report to that same supervisor, who will then route the report in accordance with Section .03(A).

C. When handling a call for service or interacting with a member of the public and a member of that public, including but not limited to a complainant, witness, suspect, reporting person, etc., requests to speak to a supervisor, officers _______ ____________ contact and inform an on-duty supervisor of such request through the dispatcher. The supervisor ____ initially communicate with the requesting person over the telephone to determine whether the supervisor’s presence is needed.
The supervisor will record his/her actions in a written report.
Incidents resulting in a complaint (line or formal) will be handled in accordance with this procedure.

A

officers shall immediately contact and inform an on-duty supervisor of such request through the dispatcher.

The supervisor may initially communicate with the requesting person over the telephone

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170
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.04 LINE COMPLAINTS

A. Line complaints generally constitute disciplinary matters limited to and involving a minor variance from the routine activities and responsibilities of the sworn member in question.

B. Line complaints are subdivided as follows:

  1. Line Supervisory “Type A” Complaint - The complainant requests contact by the sworn member’s supervisor;
  2. Line Supervisory “Type B” Complaint - The complainant does not wish to be contacted by a supervisor but relates a potentially substantive problem or relates only nonspecific or general information.

C. The sworn member’s immediate supervisor initially addresses line complaints, generally resulting in complainant satisfaction from the supervisor’s initial contact. The complainant should always be reminded that they may also contact the Internal Affairs Unit if they are not satisfied with the immediate supervisor’s response. When appropriate, the Section Commander, with concurrence from the Division Commander, addresses the sworn member’s behavior with counseling, a written reprimand, or a suspension of up to three calendar days. (Anything less than a ______ day suspension is not considered discipline.)

  1. All line complaints shall be investigated by the officer’s chain of command within twenty-one (21) calendar days from the date of the written complaint.
    a. The investigation shall be confined strictly to the complaints detailed in the complaint investigation packet.
    b. If the member does not agree with the contemplated disciplinary action within five (5) calendar days, the case will be forwarded to the Internal Affairs Unit for investigation.
    c. Complaints investigated through the chain of command do not entitle the officer to have an attorney present during interviews with their commanding officer.
    d. During the five (5) calendar days’ time period nothing prohibits an officer from seeking advice from an attorney or an Association representative.
  2. If the sworn member is the rank of Captain or above, or has no Captain in their chain of command, the officer’s Division Commander, Bureau Commander or the Chief of Police or his designee as appropriate, will investigate the complaint.

D. All line complaint disposition reports shall be entered into Blue Team and forwarded up the chain of command for review and disposition, in accordance with Section .19(C).

A

(Anything less than a one (1) day suspension is not considered discipline.)

Line complaints = minor variance

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171
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.05 FORMAL COMPLAINTS

A. Formal complaints generally constitute matters involving conduct that exhibits a _________________ from behavioral expectations or practices established through formal training, departmental rules, regulations, policies, or procedures which regulate a sworn member’s conduct.

B. Formal complaints include, but are not limited to, the following:
1.
2.
3.
4.
5.
6.
7.
A

significant variance

  1. Activities that deal with significant behavioral infractions;
  2. Any conduct that if proven would constitute a crime;
  3. Any conduct that exhibits the potential to require stringent disciplinary action in the form of a suspension that exceeds three (3) calendar days;
  4. Any allegation of harassment/discrimination;
  5. Any allegation of racial profiling;
  6. Any allegation of unnecessary or excessive force;
  7. Any other incident that may require formal disciplinary proceedings in order to be properly resolved.
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172
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.05 FORMAL COMPLAINTS

C. Sworn members who receive written complaint notification of a formal complaint from the Internal Affairs Unit may request the complaint be submitted to the expedited disciplinary track method.

1.
2.
3.

D. A suspension agreed to by a member may not be appealed or altered by the Civil Service Commission, an arbitrator, or any court.

E. In no event can the expedited disciplinary track be requested within __________ calendar days of the expiration of the complaint’s one-hundred and eighty (180) calendar day timeline in Chapter 143 of the Local Government Code.

F. The San Antonio Police Department’s Complaint Matrix shall be used as a guide when addressing disciplinary action.

G. All formal preliminary investigations shall be entered into Blue Team and forwarded through the officer’s chain of command to Internal Affairs for review and disposition. in accordance with Section .19(D).

A
  1. The request must be made in writing to the Office of Chief with a copy of the formal complaint notification attached.
  2. Both the sworn member and the Chief must agree to submit the matter to the expedited disciplinary track for an expedited disciplinary finding.
  3. Any disciplinary action must be agreed upon by the sworn member and the Chief, and must be enacted within thirty (30) calendar days of the agreement.
    * sixty (60)* calendar days of the expiration of the complaint’s one-hundred and eighty (180) calendar day timeline
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173
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.06 INFORMATION LOGS AND SERVICE COMPLAINTS

A. Service complaints constitute citizen dissatisfaction with police services for reasons other than complaints of officer misconduct. Service complaints include, but are not limited to the following:

1.
2.
3.
4.
5.

B. Supervisors receiving service complaints from citizens shall document the complaint in Blue Team as a Service Complaint and route it through the officers chain of command, in accordance with Section .19(B), and it is to include complainant contact information, the nature of the complaint, and details specific to the incident that may assist in addressing the dissatisfaction. Supervisors should communicate to citizens making service complaints that their concerns will be documented with the intent of providing feedback on Department policy.

C. Information Logs consist of any other complaint that does not violate policy or procedure or involve officer misconduct. This documentation shall be forwarded to Internal Affairs through the chain of command utilizing Blue Team, in accordance with Section .19(A).

A
  1. Call response times – Not due to an officer’s negligence;
  2. Handling of a civil matter – Due to Department policy or civil law;
  3. Discretionary call screening;
  4. Unavailability or delay of other police services;
  5. Any other complaint that does not involve officer misconduct.
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174
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.07 PARTIES TO A COMPLAINT (COMPLAINANTS)

A. All complaints of alleged misconduct by sworn members, except complaints initiated by the Department, must identify a principal complainant or aggrieved party from outside the Department.

B. Complaints of alleged misconduct by sworn members that are initiated from within the Department shall list the “____________” as the complainant.

C. Anonymous complaints may receive supervisory review appropriate to the nature or severity of the allegations, and efforts will be made to verify the information to either initiate an investigation or simply log the information in _________ and forward through the chain of command to Internal Affairs.

A

Administration

Blue Team

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175
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.08 COMPLAINT PROCESSING

A. The Department receives complaints in a variety of forms and from a number of sources.

B. Members of the Department shall make every effort to ensure prompt and courteous responses or referrals of any complaint, regardless of the circumstances.

C. Referring Complaints

  1. Copies of all complaints received or handled by members of the Department shall be entered into _____ _____ by supervisory officers and forwarded through the chain of command for proper review and disposition.
  2. The initial receipt of a complaint shall be processed as follows:
    a. Personal Appearance: A member who receives a complaint through personal contact shall direct the complainant as follows:

(1) To the supervisor of the officer who is the subject of the complaint; or
(2) If the officer’s supervisor is unavailable, to the nearest available supervisor.

b. Telephonic: A member who receives a complaint by telephone shall forward the complainant as follows:
(1) To the supervisor of the officer who is the subject of the complaint, if readily available, or;
(2) To the Communications Unit Supervisor who shall determine the availability of a supervisor in the subject officer’s chain of command and dispatch the supervisor to contact the complainant. If the identity of the subject officer is unavailable, any supervisor from the Patrol Division is dispatched to contact the complainant.
(3) To the Internal Affairs Unit during business hours, 0800-1800 hours.
c. Correspondence: A member who receives a written or electronic complaint shall route the complaint to his immediate supervisor who shall handle in accordance with this policy.

A

Blue Team

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176
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.09 COMPLAINT INVESTIGATION RESPONSIBILITIES

A. Each individual officer must realize and accept the responsibility of confidentiality in order to avoid compromising the integrity of the disciplinary process. Officers shall not discuss details of any complaint with persons outside of the disciplinary process.

B. Supervisory Officers

  1. When supervisory officers receive complaints from the Internal Affairs Unit, they shall initiate action appropriate to the type of complaints received.
  2. Supervisory officers handling line supervisory “Type A or B” complaints shall:

a.

b.

c. Interview the subject officers of the complaints in accordance with Section .10;
d. Evaluate the information and address complaints that may require minor disciplinary action;
e. Prepare reports upon disposition of the complaint which include the information provided by the complainants, the sworn members, and supervisory evaluation of the complaints, including the methods in which complaints were addressed; and
f. Enter the line complaint disposition reports into Blue Team, to include the specific violation(s), and forward these reports, together with any other pertinent information, through their chain of command electronically utilizing Blue Team.
g. Supervisors who receive a complaint in person, on the phone or from a dispatcher, on an officer who is not assigned to his unit, shall handle the complaint in accordance with this Procedure and forward the preliminary investigation reports electronically through Blue Team to the officer’s chain of command starting with the officer’s Unit Director. The supervisor, who handled the preliminary investigation, shall also carbon copy his Unit Director.

A

line supervisory “Type A or B”

a. Type A - Contact and interview the complainant in accordance with Section .10;
b. Type B – Although the complainant does not wish to be contacted, the supervisor shall attempt to contact and encourage feedback regarding the Departmental action taken by utilizing the following standardized statement and question:
(1) Statement: it is the policy of our Department to contact you regarding your complaint to let you know how your complaint was resolved,
(2) Question: How would you like to be contacted?

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177
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.09 COMPLAINT INVESTIGATION RESPONSIBILITIES
B. Supervisory Officers

  1. Supervisory officers addressing formal complaints shall:
    a. Immediately notify the Section Commanders or Unit Directors of any cases where an officer is involved in allegations of suspected ___________ ______________;
    b. Contact and interview the complainants in accordance with Section .10;
    c. Refer the complainants to the Internal Affairs Unit to initiate formal complaints;
    d. Interview and obtain written reports from the subject officer and all witness officers in accordance with Section .10;
    e. Obtain necessary information, which assists in the evaluation of the complaints, in accordance with Section .12 B (2);
    f. Prepare preliminary complaint investigation packets including all the information provided by the complainants, the sworn members’ reports, and the supervisors’ reports;

g. Supervisors will not enumerate or make recommendations as to the ____________________________________.
Supervisors will only recommend ______________________________; and;

h. Enter the preliminary complaint investigation reports into Blue Team and forward through the chain of command.

i. Supervisors, who receive a formal complaint from another Unit’s supervisor via Blue Team, shall follow the procedure outlined above, with the exception of entering the preliminary investigation reports again into Blue Team.
* *Any additional information will be added to the complaint investigation previously entered into Blue Team, prior to being forwarded through the chain of command.

A

a. Immediately notify the Section Commanders or Unit Directors of any cases where an officer is involved in allegations of suspected criminal activity
* specific rule, regulation, policy, or procedure violated*, nor will they make recommendations as to punishment.

either no disciplinary action is necessary or the complaint should be forwarded to the Internal Affairs Unit for further investigation.

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178
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.09 COMPLAINT INVESTIGATION RESPONSIBILITIES
C. Section Commanders/Unit Directors

  1. Section commanders or unit directors receiving complaints through Blue Team shall assign supervisory officers to investigate the complaints.
  2. Section commanders and unit directors receiving disposition reports on line complaints shall:
    a. Review and evaluate the supervisors’ disposition of line complaint;
    b. Implement disciplinary action, when necessary, up to a ____ day suspension (with concurrence of the _____________________ ) ;
    c. Forward the line complaint disposition reports in Blue Team through their chain of command to their Division Commander and/or the Division Administrative Sergeant if applicable.
A

three (3) day suspension (with concurrence of the division commander)

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179
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.09 COMPLAINT INVESTIGATION RESPONSIBILITIES
C. Section Commanders/Unit Directors

  1. Section commanders receiving complaint investigation packets on formal complaints shall:
    a. Review and evaluate the supervisor’s preliminary complaint investigation reports in Blue Team;
    b. Forward the preliminary complaint investigation reports, through Blue Team, to the division commander;
    c. Upon receiving concurrence from the ranking officer on duty, _________________________ a sworn member accused of serious misconduct or suspected criminal activity; and
    d. Immediately notify the division commander and the Internal Affairs Unit of such action.
A

temporarily relieve from duty

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180
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.09 COMPLAINT INVESTIGATION RESPONSIBILITIES
D. Division Commanders

  1. Division commanders shall maintain a confidential disciplinary log strictly for the purpose of ensuring timely disposition of complaints and timely administration of discipline or corrective action against sworn members.
  2. Division commander receiving complaints from the Internal Affairs Unit shall assign Section Commanders or Unit Directors to investigate the complaints through Blue Team.
  3. Division Commanders receiving ____ _________ disposition reports in Blue Team shall review the reports and recommendations, and based on the merits, substance, and gravity of the case:
    a. Request further preliminary investigation, if necessary;
    b. Concur with recommended disciplinary action, when necessary, up to a three (3) day suspension;
    c. Forward the line complaint disposition reports through Blue Team to the Internal Affairs Unit.
  4. Division commanders receiving complaint investigations through Blue Team concerning _____ __________ shall review the contents and based on the same criteria mentioned in the preceding paragraph:
    a. Request further preliminary investigation, if necessary, under exigent circumstances; and
    b. Forward the formal complaint investigation reports through Blue Team to the Internal Affairs Unit.
A

line complaint

formal complaint

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181
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.09 COMPLAINT INVESTIGATION RESPONSIBILITIES
E. Internal Affairs Unit

  1. The Internal Affairs Unit shall receive line complaint disposition reports and formal complaint investigation packets from _________ ___________ through Blue Team.
  2. The Internal Affairs Unit shall investigate formal complaints of sworn member misconduct and present the findings to the ___________________.
    a. The Internal Affairs Unit shall send Formal Complaint Notices to officers who become the subject of a formal complaint.
    b. The Internal Affairs Unit shall send Deactivation Notices to officers who’s Formal Complaints have been dismissed for cause.
  3. Officers under investigation shall be informed ____________ hours prior to being interrogated or asked to respond to an investigation of the general nature of the investigation and shall be provided with sufficient information to be reasonably apprised of the allegations.
  4. Officers shall be allowed to review, but not copy verbatim or photocopy, any information as listed in the current Collective Bargaining Agreement.
  5. No part of the information provided to the officer for review may be reproduced, transmitted in any form by any means, electronic, or mechanical, including photocopying, recording or by any information storage and retrieval system.
    Officers shall not release the provided information to any person other than their __________ or ______________.
  6. All complainants who provide a signed, written or video/audio recorded statement shall be provided with a copy of same by Internal Affairs staff.
    A complainant’s statement will only be provided to the complainant himself/herself in person on the day such statement is produced. Should a complainant appear to the Internal Affairs office after providing a statement and request an additional copy of their statement, Internal Affairs staff will provide a copy to that complainant upon confirming the complainant’s identity.
A

division commanders

Complaint and Administrative Review Board (CARB).

forty-eight (48) hours prior to being interrogated

attorney or representative

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182
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.09 COMPLAINT INVESTIGATION RESPONSIBILITIES

F. ____________ Unit ****

  1. Shall investigate police vehicle crashes; and
  2. Shall present findings of investigations to the Crash Evaluation and Review Board.
A

** F. Homicide Unit **

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183
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.09 COMPLAINT INVESTIGATION RESPONSIBILITIES
G. Police Legal Advisor

  1. The Police Legal Advisor shall review disciplinary cases investigated by the Internal Affairs Unit prior to their submission to the _________________;
  2. Functions in an advisory capacity to the Complaint and Administrative Review Board and Crash Evaluation and Review Board for the purpose of legal interpretation of any source which regulates a sworn member’s conduct.
A

Complaint and Administrative Review Board

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184
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.09 COMPLAINT INVESTIGATION RESPONSIBILITIES
H. The Chief of Police

  1. Shall review the Complaint and Administrative Review Board and Crash Evaluation and Review Board recommendations for discipline and implements such action as he deems appropriate in each individual case;
    or
  2. May implement, at his discretion, immediate administrative, corrective, or disciplinary action without the Complaint and Administrative Review Board or Crash Evaluation and Review Board participation and has _______ _________ to decide whether discipline should be implemented against a sworn member.
A

ultimate discretion

Basically, Does whatever they want.
still answers to City manager/mayor/etc… the peeps…

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185
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.10 COMPLAINT INTERVIEWS

A. Supervisory officers who conduct formal or line complaint interviews with complainants or witnesses adhere to the following process:

1.
2.
3.

A
  1. The interviews shall occur at a time and place reasonable under the circumstances;
  2. Complainants shall be advised the Department may not implement formal disciplinary actions against sworn members without signed, sworn complaints, although oral complaints may receive supervisory review appropriate to the nature or severity of the allegations;
  3. Written statements shall be taken only by supervisory officers assigned to the Internal Affairs Unit.?
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186
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.10 COMPLAINT INTERVIEWS

B. Supervisory officers who conduct formal or line complaint interviews with sworn members under investigation for any form of alleged non-criminal misconduct adhere to the following process:

1.
2.
3.
4.

A
  1. The interviews shall occur at a time and place reasonable under the circumstances;
  2. Obtain written documentation from subordinates who witnessed, or are the subject of a complaint, utilizing Form#200-OR, Officer’s Response to a Complaint, to include details regarding all relevant issues such as how, when, where, and why the alleged conduct took place.
  3. A sworn member may, at his option, request a supervisory officer accompany him to a complaint interview, if the interview is conducted by the Internal Affairs Unit. This request is not binding on the supervisory officer;
  4. A sworn member who is subjected to an interview by a supervisory officer in the course of a non-criminal complaint investigation shall submit a report immediately upon request.
    The report shall be written on SAPD Form #200-OR, Officer’s Response to a Complaint, and submitted to the supervisory officer.
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187
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.10 COMPLAINT INTERVIEWS

C. A sworn member of the Internal Affairs Unit holding the rank of sergeant or above, when conducting a complaint interview with a sworn member, may request, or order if necessary, a sworn member of any rank to:

1.
2.
3.
4.

A
  1. Submit a written or audio/video report;
  2. Answer interrogatories;
  3. Provide physical evidence;
  4. Otherwise cooperate in any manner with Internal Affairs Unit personnel during an investigation.
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188
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.11 POLYGRAPH USAGES

A. The Department considers the polygraph a useful investigative resource which may be used as an ______________ __________.

  1. When the introduction of the polygraph into an investigation of a citizen’s complaint appears necessary, the Department will first examine the ______________________ to the administration of a polygraph.
  2. A licensed examiner administers the polygraph test to the sworn member only when the complainant’s results indicate truthfulness.
    a. A non-member administers the polygraph examination to a sworn member to prevent any perception of bias;
    b. To avoid any undue embarrassment to an officer or the Department, the polygraph examination shall not be administered to an officer while _________________________.

B. The Department uses polygraph examination results as follows:

  1. The Complaint and Administrative Review Board and Chief of Police review the complainant’s polygraph examination results;
  2. Only the Chief of Police reviews the sworn member’s polygraph examination results.
A

administrative tool

complainant if the complainant agrees

in uniform or in direct sight

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189
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.12 COMPLAINT DOCUMENTATION RETENTION

A. Individual Officers

  1. An officer _____ maintain personal records involving matters of potential disciplinary action which involve him.
  2. The only official disciplinary documentation permitted in any officer’s possession is that which the officer ________ _________.
A

may

personally prepared

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190
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.12 COMPLAINT DOCUMENTATION RETENTION

B. Supervisory Officers

  1. Many supervisory officers maintain informal notes regarding the activity of their personnel.
    However, the personal retention of any forms, reports, electronic media, or official documentation regarding formal or informal disciplinary investigations of direct __________ is prohibited.
  2. Supervisory officers involved in disciplinary investigations shall forward all documentation, videos, audio recordings, or photos under seal to the _______ _________ ______ through their chain of command at the earliest possible time.
A

subordinates

Internal Affairs Unit

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191
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.13 CORRECTIVE ACTION IMPLEMENTATION

A. ______ ____________

A ______ ____________ is a form of corrective action used to document any on-duty, sub-standard performance, a deficiency (uniform, tardiness, etc.), or behavior(s) that negatively impacts an officer’s ability to perform to established standards.

A ______ ________ is not used as a disciplinary measure, but used as supporting documentation for evaluation purposes. A ________ ___________ may be used to support disciplinary measures.

A ______ ____________ is issued to an officer by his immediate supervisor using SAPD Form 6-CR with the approval of his/her supervisor.

A copy of a ______ ____________ is provided to the officer and the original field counseling is kept in the officer’s field file.

A

Field Counseling

is issued to an officer by a immediate supervisor using SAPD Form 6-CR with the approval of his/her supervisor. (i.e., A Lieutenant would approve a Sergeant’s issuance of a field counseling.)

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192
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.13 CORRECTIVE ACTION IMPLEMENTATION

B. ______ ________

A ______ ________ is used as documentation in the progressive discipline process the department uses although a ______ ________ is not considered discipline.
A ______ ________ is issued in the resolution of a line complaint, but can also be issued with the recommendation of the Complaint and Administrative Review Board or the Crash Evaluation and Review Board.

  1. A Captain or above ensures that a ______ ________ is issued to an officer using SAPD Form 6-CR. The ______ ________ must be approved by the Officer’s Division Commander.
  2. The actual preparation and issuance of a ______ ________ may be delegated to a supervisor of any rank within the officer’s chain of command +++
  3. The signed ______ ________ will then be forwarded through the Blue Team in accordance with this procedure and the original shall be placed in the officer’s field file.
A

Written Counseling/Reprimand

++ but a Lieutenant or higher must sign the Written Counseling and a Captain or higher must sign the Written Reprimand. ++

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193
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.14 COMPLAINT AND ADMINISTRATIVE REVIEW BOARD

A. The Complaint and Administrative Review Board, hereafter referred to as the Board, means the combined Citizen Advisory Action Board and Police Advisory Action Board.

  1. The Citizen Advisory Action Board:
    a. Consists of members selected in accordance with the current Collective Bargaining Agreement;
    b. A quorum consists of three members (provided there are at least six (6) active/participating appointed members);
    c. Each member has one (1) vote; and
    d. Citizen members must be present to hear the following types of cases:
    (1) Cases involving the ________________________.
    (2) Any case in which the officer who is the subject of a complaint or a complainant requests citizen member participation, if it is reasonably possible based on the workload and availability of the citizen members.
    e. Cases not meeting the above criteria may be heard without citizen member’s participation.
A

use of force, bodily injury, and unlawful search and seizure

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194
Q

GENERAL MANUAL
Procedure 303 – Disciplinary Procedures
.14 COMPLAINT AND ADMINISTRATIVE REVIEW BOARD

A. The Complaint and Administrative Review Board, hereafter referred to as the Board, means the combined Citizen Advisory Action Board and Police Advisory Action Board.

  1. The Police Advisory Action Board:
    a. Consists of sworn members as specified in the current Collective Bargaining Agreement.
    b. Membership is open to any officer who has completed ______________ and has not incurred a suspension during the previous ________ months.
    c. A quorum consists of five (5) members.
    d. Each sworn member has one vote.
    e. All sworn members vote regardless of the rank of the respondent.
    f. A sworn member excuses his participation in any case in which he is a respondent, has participated in, or has witnessed.
    g. The Chief of Police may allow the following to attend the Complaint and Administrative Review Board meeting:

(1) A San Antonio Police Officers’ Association representative;
(2) The Police Legal Advisor; and
(3) Internal Affairs Unit representatives.

A

his initial probationary period

twelve months

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195
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 505 – Misdemeanor Citation Release

.02 POLICY

A. __________________ permits law enforcement agencies to use citation release procedures in lieu of arrest for eligible Class A or B misdemeanor offenses, all Class C misdemeanor offenses and non-traffic city

A

Tex. Code of Crim. Pro. - Art. 14.06

Texas Code of Criminal Procedure

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196
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 505 – Misdemeanor Citation Release
.02 POLICY

B. Officers shall select the __________ method of enforcement when considering issuing a citation in lieu of arrest, which will:

  1. Stop existing criminal conduct;
  2. Remove the imminent threat of violence or criminal conduct.
  3. Prevent persons from endangering themselves or others.
A

least intrusive/severe method

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197
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 505 – Misdemeanor Citation Release
.02 POLICY

C. Should the arresting officer choose custodial arrest rather than a Misdemeanor/Cite and Release Citation release, the officer:

A
  1. States in the offense report the reasons why physical arrest was appropriate.

Does NOT have to get authorization from Supervisor/Sgt

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198
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 505 – Misdemeanor Citation Release
.03 MISDEMEANOR/CITE AND RELEASE CITATION ISSUANCE AND SUBMISSION

A. When issuing a Misdemeanor/Cite and Release Citation, the arresting officer:
1. Completes all sections of the Misdemeanor/Cite and Release Citation pertaining to the violation;

  1. Shall sufficiently identify the violator;
    a. A form of government photo identification is preferable;
    b. If government photo identification is not available, officers shall use all reasonably available means to confirm the validity of the personal information provided by the person in custody and shall document what identification was used to establish the identity of the person in custody.
  2. Shall indicate ___________________________ citation.
  3. Sets an arraignment date accordingly:

a. For San Antonio Municipal Court Misdemeanor Citations:
1) 17 and older – count 50 calendar days and then assign on a Monday through Friday
2) 16 and younger – count 50 calendar days and then assign on a Monday through Thursday.

b. For Bexar County Courts:
1) Set Date of Appearance 10 calendar days from Issue Date of citation.

  1. Lists the Misdemeanor Citation number in the details of the applicable report; and
  2. The officer releases the person charged in the arrest on his own recognizance upon completion of issuance of a Misdemeanor Citation., advising the person the required signature is not an admission of guilt, but a promise to appear in court.
A

only one (1) charge per Misdemeanor Citation.

a. For San Antonio Municipal Court Misdemeanor Citations:
1) 17 and older – count 50 calendar days and then assign on a Monday through Friday
2) 16 and younger – count 50 calendar days and then assign on a Monday through Thursday.
b. For Bexar County Courts:
1) Set Date of Appearance 10 calendar days from Issue Date of citation.

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199
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 505 – Misdemeanor Citation Release
.03 MISDEMEANOR/CITE AND RELEASE CITATION ISSUANCE AND SUBMISSION

B. The officer shall attach a copy of the applicable report, including __________________, to the Misdemeanor or the Cite and Release Citation and forwards all documentation to the handling agency:

  1. Misdemeanor Notice to Appear goes to the San Antonio Municipal Court through bin mail;
  2. Cite and Release goes to the Bexar County District Attorney’s Office through bin mail.
A

any evidentiary photographs

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200
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 505 – Misdemeanor Citation Release

A. Officers may issue Misdemeanor Citations to arrestees suspected of Class C misdemeanor thefts from businesses, unless:

A
  1. The violator has been previously convicted of theft;
  2. A situation listed in Subsection .05A is apparent.

.05 RESTRICTIONS FOR USE

A. The Misdemeanor/Cite and Release Citation release is not authorized in any of the following cases:

  1. misdemeanor thefts, other than thefts from businesses;
  2. The person arrested demands an immediate appearance before a magistrate;
  3. The person is arrested on a warrant or has outstanding warrants against him;
  4. The safety of the person arrested or the safety of others may be jeopardized by his release;
  5. The arrested person fails or refuses to give Sufficient identification;
  6. The person arrested is intoxicated to a degree which renders him unable to care for himself;
  7. The person arrested is injured and has not received the required medical attention;
  8. Any time when physical force is used to affect the arrest;
  9. Class “B” offense of racing, exhibition of speed or acceleration, and reckless driving (exceed Municipal Court jurisdiction);
  10. The violator refuses to sign the Misdemeanor/Cite and Release Citation.
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201
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 505 – Misdemeanor Citation Release

.04 APPLICATION IN THEFTS FROM BUSINESSES

B. When issuing a Misdemeanor Citation/Cite and Release in a MISDEMEANOR theft from a business, in addition to the requirements for issuing a Misdemeanor Citation listed in Section .03, the officer:

A
  1. Notifies the owner, arresting agent, and witnesses a Misdemeanor Citation will be issued;
  2. Advises the owner, arresting agent, and witnesses they may be subpoenaed to be present for trial;
  3. Lists the names of the owner, arresting agent, and witnesses on the offense report;
  4. Escorts the violator out of the place of business and off of the property after the Misdemeanor Citation is issued;
  5. Typically, a criminal trespass warning is issued and should be documented in the report.
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202
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 505 – Misdemeanor Citation Release

.05 RESTRICTIONS FOR USE :

A

A. The Misdemeanor/Cite and Release Citation release is not authorized in any of the following cases:

  1. misdemeanor thefts, other than thefts from businesses;
  2. The person arrested demands an immediate appearance before a magistrate;
  3. The person is arrested on a warrant or has outstanding warrants against him;
  4. The safety of the person arrested or the safety of others may be jeopardized by his release;
  5. The arrested person fails or refuses to give Sufficient identification;
  6. The person arrested is intoxicated to a degree which renders him unable to care for himself;
  7. The person arrested is injured and has not received the required medical attention;
  8. Any time when physical force is used to affect the arrest;
  9. Class “B” offense of racing, exhibition of speed or acceleration, and reckless driving (exceed Municipal Court jurisdiction);
  10. The violator refuses to sign the Misdemeanor/Cite and Release Citation.
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203
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 505 – Misdemeanor Citation Release

.06 CLASS “A” AND CLASS “B” MISDEMEANOR CITATIONS

A. In addition to the above considerations, officers must verify all of the following requirements in order to issue a Class A or B misdemeanor citation.
If all the following requirements are not met, the violator is not eligible for citation and the officer is not required to contact a supervisor to make a custodial arrest.
The officer will document in their offense report why the violator was not eligible for a citation.

  1. The offense is eligible for release by citation and it is the only Class B or above charge against the person;
  2. The violator is not a juvenile; (Refer to GM Procedure 602, Juveniles, Subsections .04C and D for guidelines for issuing Misdemeanor Citations to
    juveniles. )
  3. The violator resides in Bexar County.

B. Eligible Offenses for Cite and Release (no other offenses are eligible for Cite and Release) :

A

B. Eligible Offenses for Cite and Release (no other offenses are eligible for Cite and Release)

Possession of Marijuana 4 ounces or less….. to include - Possession of Marijuana “2 ounces or less” (MA/MB) HSC 481.121 (b)(1)(2)

Possession of Substance in Penalty Group 2-A 4 ounces or less….. to include - Possession of Substance in Penalty Group 2-A “2 ounces or less”(MA/MB) HSC 481.1161 (b) (1) (2)

Criminal Mischief $100 < $750 (MB) =28.03b2

Theft $100 < $750 (MB) = PC31.03 e2A

Theft of Service $100 < $750 (MB) = PC 31.04e2

Contraband in a CORRECTIONAL FACILITY (MB)
PC 38.114

Driving while license invalid (MB) TTC 521.457

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204
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 602 – Juveniles

.01 INTRODUCTION
This procedure establishes departmental guidelines for handling juveniles in accordance with Title 3 of the ________________, effective January 1, 1996.

A

Texas Family Code

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205
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 602 – Juveniles

.02 POLICY

A. The San Antonio Police Department investigates all criminal activities alleged to have been committed by juveniles and, when applicable, presents completed investigations to the ______________ for prosecution.

B. The San Antonio Police Department is also committed to the development and perpetuation of programs designed to prevent and control juvenile delinquency.
To accomplish this goal, all components and personnel of the Department shall share the responsibility for participating in or supporting the Department’s juvenile operations function.

A

District Attorney’s Office

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206
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 602 – Juveniles

.04 ARREST AND/OR CUSTODY OF JUVENILES

A. All officers, when dealing with juvenile offenders, shall use the least coercive remedies among reasonable alternatives.

Remedies which should be considered are:

A
  1. Outright release;
  2. Issuance of citations or summonses;
  3. Referral to juvenile court.
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207
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 602 – Juveniles

.04 ARREST AND/OR CUSTODY OF JUVENILES

B. Juveniles may be arrested under any of the following circumstances:

A
  1. Pursuant to an order of the Juvenile Court under the provisions of the Family Code;
  2. Pursuant to the laws of arrest in state or federal statute;
  3. Conduct that violates either the penal laws of the State of Texas or the penal ordinances of any political subdivision of this state.
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208
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 602 – Juveniles

.04 ARREST AND/OR CUSTODY OF JUVENILES

C. Juveniles may be taken into custody under the following circumstances:

A
  1. To determine whether the juvenile is alleged to have been harmed or is in danger of being harmed;
  2. As status offenders as defined in the Family Code, Section 51.02(15).
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209
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 602 – Juveniles

.04 ARREST AND/OR CUSTODY OF JUVENILES

D. Juveniles are arrested and/or taken into custody in accordance with __________________.

A

GM Procedure 601, Prisoners

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210
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 602 – Juveniles

.04 ARREST AND/OR CUSTODY OF JUVENILES

E. Officers read ___________________, to juvenile offenders taken into custody prior to questioning regarding the offense for which they are arrested and in accordance with Chapter 38.22 of the Texas Code of Criminal Procedure

A

SAPD Form #66-E, Rights Warnings

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211
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 602 – Juveniles

.04 ARREST AND/OR CUSTODY OF JUVENILES

F. A child under _______(__) years of age who is taken into custody for committing a criminal offense cannot be detained for investigative purposes without permission from the child’s parent, custodian or guardian.

  1. If permission is not granted, the child is released to the custody of a parent, custodian or guardian, with a copy of the report sent to the Juvenile Processing Office and the appropriate follow-up unit
  2. If a parent, custodian or guardian cannot be located, the child is returned to the Juvenile Processing Office.
    The officer shall prepare the appropriate reports, documenting how he determined the age and identity or attempted to determine the age and identity of the underage child and the actions taken in attempting to locate a parent, custodian or guardian.
    Copies of the reports are routed to the appropriate follow-up unit.
A

ten (10) years of age

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212
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 602 – Juveniles

.04 ARREST AND/OR CUSTODY OF JUVENILES

G. Juveniles arrested and/or taken into custody, if not released through a field release, are immediately returned to the 🖕🏻___________🖕🏿 for processing.

A juvenile’s parent, custodian, or guardian is notified of the arrest as soon as ________________.

A

Juvenile Processing Office

the arresting officer is able

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213
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 602 – Juveniles

.04 ARREST AND/OR CUSTODY OF JUVENILES

H. Juveniles booked into the Bexar County Jail by mistake are released immediately and referred to the Juvenile Processing Office if:

A
  1. A certificate of birth or a certified copy is presented;
  2. A baptismal certificate is presented, with two (2) sworn affidavits certifying the date of birth;
  3. The juvenile’s age has been previously certified.
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214
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 602 – Juveniles
.04 ARREST AND/OR CUSTODY OF JUVENILES

I. Adults taken into custody for outstanding juvenile warrants are transported to the ________.

A

* Bexar County Juvenile Detention Center*

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215
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 602 – Juveniles

.05 FIELD RELEASES OF ARRESTED JUVENILES

A. A field release from custody is made whenever possible. Field releases are made when the officer believes it would be in the best interest of the juvenile and the State of Texas.

B. Officers conduct a warrant and missing persons check on all juveniles prior to a field release. When juveniles are active on warrants or reported missing, they are handled in accordance with Section .04 of this procedure.

C. Juveniles may be issued misdemeanor citations for Class C misdemeanor offenses in accordance with Procedure 505, Misdemeanor Citation Release.

The letter “J” signifying Juvenile is written in the ___________ of the citation.

A

upper right-hand corner

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216
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 602 – Juveniles

.05 FIELD RELEASES OF ARRESTED JUVENILES

D. During school hours, juveniles who have been detained for curfew or other Class C misdemeanor offenses, and for whom field releases are used, are returned to the school they are attending.
A copy of the curfew violation is routed to the Juvenile Processing Office.

  1. If the juvenile has been expelled from school, the juvenile is released to a parent, custodian, or guardian.
  2. If the parent, custodian, or guardian can not be located, the juvenile is taken to the Juvenile Processing Office.
  3. All field releases must be documented in an AFR report.
    A copy of the curfew violation report is emailed to the Juvenile Case Managers at the Municipal Court Re-Engagement Center
    (jcmcourt@sanantonio.gov).

E. Juveniles are released to other agencies under the following circumstances:

A
  1. For care and protection of the child taken in custody;
  2. The child is asking for assistance, aid, help, or guidance in criminal or civil matters the agency can provide;
  3. Another law enforcement agency has jurisdiction over the child, as provided by the Texas Family Code;
  4. The Bexar County Juvenile Detention Center for processing through the Juvenile Court.
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217
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 602 – Juveniles

.06 JUVENILE TRAFFIC VIOLATORS

A. Juveniles charged with traffic offenses are issued traffic citations, and:

A
  1. Released at the scene if safe to do so and they have a valid driver’s license in their possession;
  2. Released to the custody of a parent, custodian, or guardian;
  3. Returned to the Juvenile Processing Office if unable to locate a parent, custodian, or guardian.

B. The release of a juvenile, at the officer’s discretion, to the custody of a parent, custodian, guardian, adult relative, or other responsible adult is documented in a written report.

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218
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 602 – Juveniles

.07 JUVENILES DRIVING WHILE INTOXICATED

A. Juveniles suspected of driving while intoxicated or under the influence are handled in accordance with GM Procedure 507, Driving While Intoxicated Arrests.

B. Juveniles detained for the offense of D.W.I. are transported to the ______________ after any chemical or associated tests have been administered.

C. When juveniles operating motor vehicles are involved in traffic accidents resulting in a death, the probability of a death, or serious bodily injury and there is probable cause to believe the accident occurred because a juvenile was intoxicated, the following steps are taken:

A

Juvenile Processing Office

  1. A member of the Homicide Unit or Night CID Unit is dispatched to the scene of the traffic accident;
  2. The juvenile suspect is taken into custody for the offense of Intoxication Manslaughter, Intoxication Assault, or D.W.I.;
  3. The juvenile suspect, if not injured, is transported to the Juvenile Processing Office for processing after any chemical or associated tests have been administered;
  4. The juvenile suspect, if injured, is transported to a medical facility in accordance with GM Procedure 601, Prisoners.
  5. Depending on the result of the investigation, the member of the Homicide Unit or Night CID Unit will determine the charge, if any, to be filed against the juvenile.
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219
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 602 – Juveniles

.08 FINGERPRINTS, PHOTOGRAPHS, STATEMENTS, AND EYEWITNESS IDENTIFICATIONS

A. Fingerprints, photographs, statements, and all eyewitness identifications, except ______________, are permitted only in accordance with the Texas Family Code and after the juvenile has been returned to Juvenile Processing Office.

A

formal and informal field identifications as Eyewitness Identification, defined in GM 702,

field identifications

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220
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 602 – Juveniles

.11 DISPOSITION OF JUVENILES IN NON-ARREST SITUATIONS

A. When a juvenile is in the company of an arrested adult, the arresting officer assesses the situation and uses his judgment and discretion as to the most expedient manner to return the juvenile to the custody of his parent, custodian, or guardian, or responsible adult at home.
Factors taken into consideration are age, mental or physical competence, time of day, distance from home, and availability of a responsible person to assume custody.

B. If proper arrangements cannot be accomplished at the scene, the officer:

A
  1. Transports children twelve (12) years of age or under to the Children’s Shelter located at 2939 W. Woodlawn Avenue.

a. The telephone number to the Children’s Shelter is (210) 212-2500.
b. The Children’s Shelter will accommodate all children, provided there is room.

  1. Transports juveniles thirteen (13) years of age or older to The Bridge located at 3103 West Ave.

a. The daytime telephone number to the Bridge is (210) 340-8077.
The emergency/after-hours telephone number is (210) 340-7933.

b. The Bridge accepts children in crisis and runaways.
The Bridge will accommodate all children, provided there is room.
However, the Bridge will scrutinize children who are suicidal, homicidal, and children who do not want to stay at the Bridge.

  1. If the above options have failed, contact the Juvenile Processing Office.
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221
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.01 INTRODUCTION

This procedure establishes guidelines for the proper handling of prisoners by officers from the initial point of arrest to booking at the proper detention facility.

.02 POLICY

When handling prisoners, officers do so with the highest regard for the ______________________.

A

legal process,
the individual’s rights,
the prisoner’s safety,
and the safeguarding of personal property

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222
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.04 CLASSIFICATIONOFPRISONERS

A.
B.
C.
D.

A

A. Bexar County Jail prisoners

B. City of San Antonio Detention Center prisoners

C. Bexar County Juvenile Detention Center prisoners

D. Field custody prisoners.

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223
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.05 HANDCUFFING OF PRISONERS

A. Officers use discretion in deciding whether to handcuff certain prisoners prior to transport to a detention facility, medical facility, or a law-enforcement facility.

  1. Discretion is guided by prudent judgment, incorporating sex, age, temperament, disability, and the type of offense committed.
  2. Although discretion is allowed by this procedure, officers are not relieved of their duty to prevent prisoners from escaping, accessing weapons, or attacking others.

B. The following prisoners are handcuffed without exceptions:

1.
2.
3.
4.
5.
6.
7.
8.
A
  1. Prisoners to be charged with felony offenses;
  2. Prisoners who were involved in violent incidents;
  3. Prisoners who appear to be capable of violent physical resistance;
  4. Prisoners who have not been searched;
  5. Prisoners who are intoxicated;
  6. Multiple prisoners;
  7. Prisoners transported in police vehicles;
  8. Any prisoner being taken inside a detention facility or processing room.
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224
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.05 HANDCUFFING OF PRISONERS

C. Prisoners are handcuffed as soon as practical after an arrest and before a search is made:

1.
2.
3.

D. Two (2) prisoners may be handcuffed with a single set of handcuffs while awaiting the arrival of a second officer.

A
  1. Prisoners are handcuffed with their hands behind them;
  2. Handcuffs are double-locked to protect both the officer and the prisoner;
  3. Prisoners are not handcuffed to a fixed object.
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225
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.05 HANDCUFFING OF PRISONERS

E. Prisoners who are violent and/or appear to be under the influence of drugs, in addition to being handcuffed, may have their legs secured with leg irons.

1.
2.

A
  1. Prisoners will not have their hands and legs secured together in any form or position commonly known as “hog- tying.”
  2. If violent prisoners cannot be properly restrained, additional officers will be used to help physically restrain the prisoners.
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226
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.05 HANDCUFFING OF PRISONERS

F. Plastic handcuffs may be used when mass arrests are anticipated:

  1. Refer to GM Procedure 804, Crowd Control and Event Management, for guidelines as to when plastic handcuffs should be used in mass arrest situations.
  2. Plastic handcuffs are removed at the detention facility, processing room, or in the field with ___________.

G. Prisoners inside the detention facility are
un-handcuffed only by detention facility personnel.

Prisoners inside a processing room will be
un-handcuffed at the direction of personnel assigned to the processing room.

A

wire cutters

Other types of cutting instruments are not used to remove plastic handcuffs.

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227
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.06 SEARCHING OF PRISONERS

A. Officers are responsible for conducting a search, not to include a strip search or body cavity search, of prisoners to remove all weapons, dangerous objects, contraband, or evidence.

B. Prisoners are searched as soon as practical after an arrest is made and prior to transport.

C. If an officer detects an object which feels like a weapon, contraband, or evidence, inside or under the clothing, the officer _______ reach into or under the clothing and seize the suspected item.

A

may

(The reaching inside of clothing to immediately retrieve a weapon, contraband, or evidence discovered during a search incident to arrest is not considered a strip search).

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228
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.06 SEARCHING OF PRISONERS

D. Officers assuming custody of prisoners from other officers are responsible for searching the prisoners again, including hand-carried containers.

E. Transporting officers are held accountable for any prisoner arriving at a detention facility or processing room with a weapon, dangerous object, or contraband on his person.

F. Absent exigent circumstances, a female officer should search a female suspect or prisoner.
Exigent circumstances include but are not limited to circumstances involving officer safety, the safety of the suspect or prisoner, or any other person.

G. In situations where a male officer has either direct knowledge or reasonable suspicion to believe a weapon or dangerous object is secreted in a particular place, other than within a body cavity of a female and a female officer is not present, the male officer may reach directly into the area to seize the weapon or dangerous object.
Such actions shall be documented in the officer’s report.

A

H. Absent exigent circumstances, officers needing to search or frisk a Transgender, Intersex, or Gender Non- Conforming (TIGN) individual should first verify the person’s gender identity.
This may be accomplished by the officer’s prior knowledge, by the officer inquiring about the person’s gender identity (for example, an officer could ask the individual their preferred form of address or how they identify), or if the individual self-identifies to the officer.
Officers conducting a search or frisk of a TIGN individual should generally (absent exigent circumstances) conduct the search or frisk based on the gender with which the individual identifies.
(For example, an individual whose gender identity is male should be searched by a male officer and an individual whose gender identity is female should be searched by a female officer).
If a TIGN suspect or prisoner expresses a preference concerning the gender of the searching officer or objects to the gender of the searching officer (absent of exigent circumstances), consideration should be made to honor the preference when reasonable.
Officers should document the details of the search or frisk in their report and seek guidance from a supervisor if needed.
When an individual to be searched is identified as TIGN, officers shall not question this identity absent articulable, compelling reasons, nor will an officer inquire about intimate details of an individual’s anatomy to determine gender.

I. A search or frisk shall not be conducted under any circumstance for the sole purpose of viewing an individual’s anatomy or genitalia, assigning gender, or in any manner that could be perceived as demeaning or harassing in nature.
In addition, an officer shall not perform a more invasive search or frisk than would be conducted for a non-TIGN person under the same or similar circumstances.

J. TIGN persons shall not be asked to remove appearance-related items
(such as prosthetics, bras, clothes, undergarments, wigs, cosmetic items, etc.)
if non-TIGN individuals of the same gender identity are not also required to do so under similar circumstances.

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229
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.06 SEARCHING OF PRISONERS

K. A strip search of prisoners (not to include a body cavity search) may only be conducted by officers having probable cause to believe a prisoner possesses weapons, dangerous objects, contraband, or evidence on his/her body, which may not be detected or recovered by the usual search technique, and only under the following guidelines:

A
  1. The person is under arrest and at the detention center or ready to be transported to a detention center.
  2. The prisoner must voluntarily consent to the strip search in writing or a warrant to conduct a strip search must be obtained prior to the search.
  3. The searching officer and any others present must be the same sex as the prisoner.
    Officers conducting a search of a TIGN individual should conduct the search based on the gender with which the individual identifies.
    (For example, an individual whose gender identity is male should be searched by a male officer and an individual whose gender identity is female should be searched by a female officer).
    If a TIGN suspect or prisoner expresses a preference concerning the gender of the searching officer or objects to the gender of the searching officer, consideration should be made to honor the preference when reasonable.
  4. The search must be conducted in a private and secure room at the jail or Detention Center. Strip searches will not be conducted in public places.
  5. Only the minimum number of personnel necessary to ensure the safety of the persons involved will be present, to include a supervisor, during the strip search. A minimum of two officers are required to be present (searching officer and witness).
  6. The search must be done discreetly and with the utmost respect for the prisoner’s privacy and dignity
  7. The requesting officer’s report must contain:

a. The name of the supervisor present during the search;
b. The names of everyone present during the search;
c. The exact location where the search took place; and
d. The results of the search

  1. A copy of the search warrant or written consent must accompany the written report.
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230
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.06 SEARCHING OF PRISONERS

L. Officers having reasonable suspicion only, to believe a prisoner possesses weapons, dangerous objects, contraband, or evidence on his/her body which may not have been detected or recovered by the usual search technique shall follow these guidelines:

A
  1. Notify Detention Center personnel of their suspicion during the booking process;
  2. The name(s) of the Detention Center personnel notified must be included in the details of the report.
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231
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.06 SEARCHING OF PRISONERS

M. Body cavity searches must be conducted at a qualified medical facility and under the following guidelines:
1.
2.

A
  1. Under the authority of a search warrant; OR

2. The prisoner must voluntarily consent to a body cavity search in writing prior to the search.

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232
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.06 SEARCHING OF PRISONERS

N. Officers having probable cause to believe a prisoner possesses weapons, dangerous objects, contraband, or evidence within his/her body which, if not found, would constitute a danger to the safety of the officers or others, shall ______________.

A

obtain a search warrant, transport the prisoner to a qualified medical facility, and request a body cavity search of the prisoner for those items within the body by qualified medical personnel.

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233
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.07 SECURITY OF PRISONERS – ESCAPE PREVENTION

A. A prisoner is entitled to reasonable protection while under arrest.

Officers use reasonable care and diligence to preserve the lives, health, and safety of prisoners.

1.
2.
3.

A
  1. Prisoners are secured as soon as practical in police vehicles with safety belts.
  2. Prisoners are not placed in a prone position or any other position which could cause positional asphyxia.
  3. Unruly and combative prisoners are transported in a prisoner transport wagon whenever possible.
    * *If no prisoner transport wagon is available, a second officer accompanies the transporting officer to a detention facility.**
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234
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.07 SECURITY OF PRISONERS – ESCAPE PREVENTION

B. Prisoners, for security and safety reasons, including prisoners exposed to oleoresin capsicum (OC) spray, may be moved to locations away from the original arrest scene only ____________________.

If exigent circumstances exist and there is not enough time to notify a supervisor, the officer will _______________________.

The location shall be located on the most direct route to a detention facility, and be in an open, well-lighted area.

There will be no exchange of handcuffs on the prisoners during this transfer process.

A

may be moved: after receiving approval from a supervisor.

exigent circumstances: immediately notify the dispatcher of the relocation.

most direct route to a detention facility, and be in an *open, well-lighted area. *

There will be no exchange of handcuffs on the prisoners during this transfer process.

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235
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.07 SECURITY OF PRISONERS – ESCAPE PREVENTION

C. When a prisoner is detained in the field for questioning, the prisoner shall be kept secured in the following manner:

A
  1. The prisoners shall be handcuffed with his hands behind him;
  2. The officer in possession of a prisoner shall be responsible for the safety and security of the prisoner, and for the prisoner’s actions; and
  3. If the officer in possession of a prisoner relinquishes custody of the prisoner to another officer, he shall remain with the prisoner until the accepting officer takes physical custody of the prisoner.

The officer shall document in his written report the name of the officer who accepted custody of the prisoner.

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236
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.07 SECURITY OF PRISONERS – ESCAPE PREVENTION

D. When a prisoner is taken to a processing room for processing prior to being taken to a detention facility, the arresting officer will:

A
  1. Retain responsibility for the security of the prisoner during questioning and processing;
  2. Ensure the prisoner is not left unattended; and
  3. After processing, take the adult prisoner to the Detention Center to be magistrated, or take the juvenile prisoner to the Bexar County Juvenile Detention Center,

in accordance with GM Procedure 602, Juveniles.

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237
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.07 SECURITY OF PRISONERS – ESCAPE PREVENTION

E. While transporting prisoners, officers exercise caution and remain attentive, through observation of prisoners’ actions and behavior, to prevent the escape of prisoners and for the prisoners’ safety.

Officers remain aware the security afforded by placing prisoners in police vehicles equipped with physical barriers is _____________________.

A

minimal and the escape of unattended prisoners is probable.

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238
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.07 SECURITY OF PRISONERS – ESCAPE PREVENTION

F. If a prisoner escapes from an officer, the officer immediately notifies his supervisor and advises the Communications Unit of the description of the prisoner, the direction of travel, and the charges against the prisoner for broadcast to other field personnel.

1.
2.

A
  1. The involved officer shall complete an offense report and place any property belonging to the escaped prisoner in the Property Room.
  2. The officer’s supervisor shall make a determination as to the cause of the escape.
    If the cause of the escape is determined by the supervisor to be a procedural violation on the part of the officer, the supervisor shall immediately forward a written report on the escape, through the chain of command, to the Internal Affairs Unit, requesting a full investigation.
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239
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.07 SECURITY OF PRISONERS – ESCAPE PREVENTION

G. If a prisoner escapes from an officer in another jurisdiction, the officer shall immediately notify the law enforcement agency in the other jurisdiction.

A
  1. The law enforcement agency in the other jurisdiction will handle the escape.
  2. The officer will immediately notify his supervisor as to the circumstances surrounding the escape.
  3. The officer’s supervisor (with input from the other jurisdiction) shall make a determination as to the cause of the escape.
    If the cause of the escape is determined by the supervisor to be a procedural violation on the part of the officer, the supervisor shall immediately forward a written report on the escape, through the chain of command, to the Internal Affairs Unit, requesting a full investigation.
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240
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.08 TRANSPORTING PRISONERS

A. All vehicles used to transport prisoners will be searched for weapons, dangerous objects and contraband at the ______________.

B. Adult prisoners are transported from the location of arrest directly to the proper detention facility without delay, except __________.

C. Juvenile prisoners are transported from the location of arrest directly to the Juvenile Processing Office for processing prior to being taken to the Bexar County Juvenile Detention Center, except ___________.

D. Prisoners with _____________ are transported using the most reasonable accommodations that fit the needs of the prisoners.

E. Prisoners who have been exposed to an electrical charge from an ECD will _____________.

A

A. beginning of each shift and before and after transporting prisoners.

B. when transporting the prisoners to a law-enforcement or medical facility

C. when processing the juvenile for DWI or when transporting the juvenile to a medical facility

D. any types of disabilities

E. will not be transported with other prisoners

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241
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.08 TRANSPORTING PRISONERS

F. Identifying Prisoners and Prisoners’ Conduct.

1.
2.
3.

A
  1. Officers shall attempt to positively identify all prisoners being transported.
    Positive identification may be made through a driver’s license or other written forms of identification.
  2. The identification used to identify prisoners should accompany all other necessary documentation needed to process the prisoners at the detention facility.
  3. Any information regarding a prisoner’s
    attempt to escape,
    mental illness (Refer to GM Procedure 611, Persons with Mental Illness),
    suicide potential,
    or any other personal traits of a security nature shall be recorded on the documentation that accompanies the prisoner to the detention facility and will be verbally related to the detention facility personnel or processing room personnel.
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242
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.08 TRANSPORTING PRISONERS

G. Prisoners who have been exposed to oleoresin capsicum (OC) spray or an electrical charge from an ECD, will be transported to the detention facility or processing room by the arresting officer in his marked patrol vehicle, if possible.

1.
2.
3.

A
  1. If the arresting officer is not assigned a marked patrol vehicle, a marked patrol vehicle will be used to transport the prisoner exposed to OC or an electrical charge from an ECD.
  2. If the prisoner is so violent that damage would be caused to the marked patrol vehicle, a prisoner transport wagon may be utilized, with the approval of a supervisory officer.
    Prisoners exposed to an electrical charge from an ECD who are to be transported by prisoner wagon, will be transported without other prisoners in the prisoner wagon.
  3. The transporting officer will ask the dispatcher to notify the appropriate detention facility or processing room personnel that a prisoner exposed to oleoresin capsicum (OC) spray or an electrical charge from an ECD is being transported to their location.
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243
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 506 – Traffic Law Enforcement

F. Drivers with No Valid Driver’s License

  1. Drivers found to be operating motor vehicles without valid driver’s licenses are ________ for the offense, except:
    a. When the officer verifies the identity of the driver, utilizing an approved form of ID listed below, the officer may issue a traffic citation (instead of booking the individual) for violation of the Transportation Code, Chapter 521.025, License to be Carried and Exhibited on Demand:
1)
2)
3)
4)
5)
6)
A

arrested

(1) State issued ID card;
(2) United States Passport;
(3) United States Military ID;
(4) Foreign Passport;
(5) Foreign Military ID; or
(6) Consular ID.

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244
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 506 – Traffic Law Enforcement

F. Drivers with No Valid Driver’s License

b. If a person does not have a valid driver’s license but does have evidence of financial responsibility on the vehicle:

1)
2)
3)
4)

A

(1) If there is a passenger in the vehicle with a valid driver’s license, the person with the valid driver’s license will be allowed to remove the vehicle;
(2) The driver will be allowed thirty (30) minutes (from the time the traffic stop initiated) to arrange for another driver with a valid driver’s license to remove the vehicle;
(3) If a licensed driver is not available within the allotted thirty(30)minute time frame, the vehicle will be impounded;
(4) Failure to provide evidence of financial responsibility provides the officer authority to impound the vehicle. (TTC 601.051 – 601.124)

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245
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.08 TRANSPORTING PRISONERS

H. Officers do not handle other police incidents while transporting prisoners, unless the incident is of such magnitude that immediate action is required to prevent the loss of life or substantial damage to property.

I. Officers do not allow prisoners to communicate with non-police personnel while being transported.

J. All officers, when transporting prisoners, obtain a time check from the dispatcher upon ______________________________.

In addition to time checks, officers furnish their vehicle odometer reading to the dispatcher upon leaving the scene and upon arrival at the destination.

K. Juveniles are not transported in the same police vehicle as adult prisoners, unless they have a husband/wife, parent/child, or brother/sister relationship, and the reason for the arrest was of a nonviolent nature.

L. Male officers transporting female juvenile prisoners do so only with the help of a secondary officer riding in the same police vehicle.

A

leaving the scene of the arrest,
upon incurring any delays along the route, and
upon arrival at the destination.

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246
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.08 TRANSPORTING PRISONERS

M. TIGN individuals should be transported separately from any other arrestees when possible
(this includes transport in patrol vehicles and prisoner transport wagons).
If this is not practical, officers should transport the arrestee with other individuals of the same gender identity and they should be secured in an area sequestered from other prisoners.
Note - If the transporting officer is other than the arresting officer, all information concerning the person obtained by the arresting officer, including gender identity, should be passed along to the transporting officer.

N. Police Vehicles with Physical Barriers:

1)
2)

A
  1. Police vehicles used primarily for transporting prisoners have physical barriers between the front and rear seats and may be used to transport a maximum of two (2) prisoners if there is only one officer. Both prisoners are secured in the rear seat with safety belts.
  2. When a second officer is available to help with the transportation of multiple prisoners, a maximum of three (3) prisoners may be transported.

All three (3) prisoners are secured in the rear seat with safety belts. The second officer occupies the front passenger seat.

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247
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.08 TRANSPORTING PRISONERS

O. Police Vehicles without Physical Barriers:

1)
2)

A
  1. Police vehicles not primarily used for transporting prisoners do not have physical barriers between the front and rear seats, but may be used to transport only one (1) prisoner.
    The prisoner is secured in the front passenger seat with a safety belt.
  2. When a second officer is available to help with the transportation of multiple prisoners, a maximum of two (2) prisoners may be transported. One (1) prisoner is secured in the front passenger seat with a safety belt; the second prisoner is secured in the rear seat with a safety belt directly behind the first prisoner.
    The second officer is seated behind the driving officer.
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248
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.08 TRANSPORTING PRISONERS

P. Prisoner Transport Wagons:

A
  1. Prisoner transport vans (wagons) are assigned to the North Patrol and South Patrol Divisions for use by officers assigned to those divisions.
  2. Prisoner transport wagons may be used to pick up additional prisoners, if approved by a supervisor and the pick-up point is near the return route to a detention facility.
  3. Female prisoners are not transported in the same prisoner transport wagon with male prisoners,

unless they have a husband/wife, parent/child, or brother/sister relationship.

Common-law marriages do not satisfy a husband/wife relationship.

  1. Juvenile prisoners are not transported in the same prisoner transport wagon as adult prisoners, unless they have a husband/wife, parent/child, or brother/sister relationship.

Common-law marriages do not satisfy a husband/wife relationship.

  1. Prisoners involved with each other in a disturbance are not transported in the same prisoner transport wagon.
  2. Female prisoners are transported in a prisoner transport wagon only if a female officer has searched them.
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249
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.08 TRANSPORTING PRISONERS

Q. Before a prisoner is taken inside a detention facility, the arresting/transporting officer conducts a ________________.

R. If a prisoner is to be transported via commercial airline, the escorting officer contacts the appropriate airline and airport security at departure and destination,

in accordance with GM Procedure 613, Carrying Weapons on Airport Property.

This is done at least ___ hours prior to the flight for arrangement of proper security and clearance in advance.

If departing from San Antonio International Airport, contact Airport Police at 207-3433 for any further assistance.

A

Q. warrant check and takes the necessary action if a warrant is found.

R. at least 24 hours prior to the flight

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250
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.09 MILITARY PERSONNEL PRISONERS

A. To maintain cooperation between the armed forces and the Department, the proper military police authorities should be notified when military personnel are arrested.
Notification is made by the investigative follow-up unit or the arresting officer, if follow-up unit personnel are not available, by calling the
*Lackland Military Police at (671-2018).**

B. Military personnel arrested for a Class C misdemeanor are handled under the following guidelines:

1.
2.
3.
4.

A
  1. Military Police should be notified of all Class C misdemeanor citations (except traffic) and all custodial arrests.
  2. The Military Police may come and take custody of the prisoner where the arrest is made.
  3. The Officer may drop the prisoner off at the nearest Military Police Office.
  4. The Officer may release them on the citation or book them into the Detention Facility.
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251
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.10 CUSTODY and TRANSPORTATION OF PRISONERS

A. In compliance with Texas Code of Criminal Procedure, Article 14.03, the Department accepts custody of prisoners lawfully arrested under the following circumstances:

A
  1. Arrested by an off-duty SAPD officer or an off-duty SAPD officer who is engaged in outside employment in compliance with GM Procedure 905, Off-Duty and Outside Employment, provided the arrest occurs within the City of San Antonio.
  2. Arrested by a peace officer employed by an outside agency who is out of his jurisdiction.

a. Peace Officers, who work for another law enforcement agency
(except BCSO Deputies and State Agencies),
who make an arrest within the City of San Antonio, are considered to be outside their jurisdiction.

b. If an officer who is outside his jurisdiction calls SAPD requesting transport of a prisoner
(within the City of San Antonio),
an SAPD officer will be dispatched to transport the prisoner to the appropriate facility, in accordance with Article 14.03 of the Code of Criminal Procedure.

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252
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.10 CUSTODY and TRANSPORTATION OF PRISONERS

B. When transportation of a prisoner is provided by an SAPD officer, the officer takes full responsibility for the prisoner and delivers the prisoner to the appropriate location, writes the appropriate report (Incident or Supplemental), detailing their actions, and notes in the report any statements made by the prisoner.

A
  1. If the arrest was made by an officer who is not engaged in outside employment, that officer shall be responsible for the appropriate report (Incident or Supplemental).
    The transporting/handling officer assumes full responsibility for the prisoner’s property and evidence not collected by the UEDI/CSU (or follow-up unit), and writes the appropriate report (Offense or Incident) required for booking the prisoner.
  2. If the arrest was made by an SAPD officer who is engaged in outside employment, the arresting officer writes the appropriate report (Incident or Offense).
    The transporting officer prepares the necessary paperwork needed for booking the prisoner and assumes custody of any evidence not collected by UEDI/CSU (or follow-up unit) and the prisoner’s property.
  3. If the arrest was made by an officer from an outside agency who is engaged in outside employment, the arresting officer writes the appropriate report (Incident or Offense) and follows the transporting officer to the appropriate facility to prepare the required paperwork for booking the prisoner.
    The arresting officer is responsible for the custody of any evidence not collected by the UEDI/CSU (or follow-up unit) and the prisoner’s property.
  4. If a custodial arrest is made by an SAPD officer working outside the San Antonio city limits, the officer shall coordinate handling of the prisoner and evidence with the agency having original jurisdiction in accordance with GM Proc. 905 – Off-Duty and Outside Employment. The officer will complete all appropriate reports and forms, and follow the transporting officer to the appropriate facility where the arrested individual will be booked.
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253
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.10 CUSTODY and TRANSPORTATION OF PRISONERS

C. The Department does not accept custody of prisoners from officers employed by an outside agency under the following circumstances:

A
  1. Arrested by a peace officer employed by an outside agency who is within his jurisdiction, whether the officer is on or off duty.
    a. All peace officers who work for the Bexar County Sheriff’s and Constable’s Offices, and officers who work for the Texas Department of Public Safety (or other state agencies such as Parks and Wildlife, etc.), are considered to be within their jurisdiction, and are responsible for transportation and handling of their own prisoners.

b. If an officer from the Bexar County Sheriff’s or Constable’s Office, or an officer from the Texas Department of Public Safety or another state police agency calls SAPD requesting transport or requesting SAPD handle an incident they initiated, our Communications Unit shall transfer the call to the respective agency of the officer so they can handle the incident.
In cases of emergency, SAPD officers will be dispatched to assist immediately.
Crime scene security and any other assistance may be provided with the approval of a supervisor.

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254
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.10 CUSTODY and TRANSPORTATION OF PRISONERS

D. Prisoners who are injured/sick when custody is accepted or become injured/sick after custody is accepted are handled as prescribed in Sections .14 - .17 of this procedure.

E. A supervisory officer is notified and responds to the scene under the following circumstances:

A
  1. When an officer assumes custody of an injured/sick prisoner from an off-duty officer or an officer from another law enforcement agency working in an off-duty capacity; or
  2. When an officer assumes custody of a prisoner and there is a question concerning the validity of the arrest
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255
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.11 TAKING PRISONERS INTO A DETENTION FACILITY

A. Prisoners are handcuffed prior to entering a detention facility.

B. Prisoners are brought into a detention facility through the prisoner entrance door.

C. Officers place their weapons in lock boxes located inside the prisoner entrance door prior to entering the confined portion of a detention facility.

D. Handcuffed prisoners are taken inside the confined portion of the detention facility and released to detention facility personnel.
Detention facility personnel remove handcuffs from prisoners.

E. Officers taking prisoners into the Detention Center shall immediately obtain ____________________, from Detention Center personnel and time stamp the form before completing the form and processing the prisoners.

The officer verbally notifies Detention Facility personnel when the prisoner has been exposed to an electrical charge from an ECD.

A

MS-DC Form #17, Registration/Property Form

The officer writes ECD in large block letters at the top of the MS- DC Form#17.
After Detention Center personnel have completed their portion of the MS-DC Form #17, the officer shall review the form to verify correctness and the signature of the Detention Center personnel completing the form. The form is kept on file in the Detention Center.

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256
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.11 TAKING PRISONERS INTO A DETENTION FACILITY

F. When bringing the prisoner into a detention facility, the officer verbally notifies detention facility personnel of their prisoner’s exposure to oleoresin capsicum (OC).
The officer also provides the approximate time of the exposure, details of the decontamination process, and/or medical treatment administered.

The officer writes “OC” in large block letters at the top of the MS-DC Form #17. (MS-DC Form #17, Registration/Property Form)

G. When bringing the prisoner into a detention facility, the officer verbally notifies detention facility personnel of their prisoner’s exposure to an electrical charge from an ECD.
The officer also provides the approximate time of the exposure, the number of times and duration of the exposure, and medical treatment administered.

The officer writes * “ECD” * in large block letters at the top of the MS-DC Form #17. (MS-DC Form #17, Registration/Property Form)

H. Officers transporting injured/sick prisoners from University Hospital or the Acute Care Clinic/Crisis Care Center located at 527 North Leona to a detention facility request _______________, from hospital personnel.
The form is routed in the same manner as the Injured Prisoner Report.

I. Upon returning a prisoner to a detention facility after medical treatment, the transporting officer delivers any medication or instructions for further care to the detention facility supervisor.

J. Officers taking juvenile prisoners into the Bexar County Juvenile Detention Center shall release the juvenile prisoner, along with a copy of the offense report containing the probable cause for arrest and the elements of the offense, to the intake officer.
The Bexar County Juvenile Detention Center intake officer completes BCJPD Form #100, signs the form, and retains a copy of the form on file.

A

BCHD Form #60-1, E. R. Encounter - Admitting Form

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257
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.12 PRISONERS’ PROPERTY

A. The arresting officer is responsible for all personal property belonging to a prisoner.
Officers should use all available resources to document a prisoner’s property, such as photographs, in-car video and BWC, in an effort to create both a visual and audio inventory.

B. Detention Center personnel determine the acceptability of prisoners’ property at the Detention Center.
As a general rule, personal property which will fit into an ______ envelope is accepted.
Money in excess of ___________ dollars must be placed into the Property Room.

C. Personal property accepted at the Detention Center is turned over to a detention guard.
The arresting/transporting officer verifies the information entered on __________________________, by the detention guard and signs the form in the appropriate space.

D. Bexar County Juvenile Detention Center personnel determine the acceptability of a juvenile prisoner’s personal property.

A

B. personal property which will fit into an 8 1/2” X 11” envelope is accepted.
Money in excess of one thousand ($1,000) dollars must be placed into the Property Room.

C. MS-DC Form #17, Registration/Property Form

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258
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.12 PRISONERS’ PROPERTY

E. All non-evidentiary personal property belonging to a prisoner is to be presented to Detention Center personnel immediately upon entry into the Detention Center.
Property to be retained, under ordinary circumstances, at the Detention Center is _______________________.

All other smaller acceptable personal items will be left with Detention Center personnel to be placed in the prisoner’s sealed property pouch.
Detention Center personnel will not accept prisoner’s property once the property pouch has been sealed.
Detention Center personnel will determine the acceptability of larger or bulky items that can be retained at the Center.
Officers will not unnecessarily place a prisoner personal property in the property room and must document in their report the reason for doing so.

F. Personal property not accepted at a detention facility is placed in the Property Room by the arresting officer.
Personal property placed in the Property Room is noted on the booking slip.
Officers are reminded money in excess of five thousand ($5,000) dollars may be placed into the safe and should refer to
GM Procedure 606.14 (A), Impounding Property.

A

the prisoner’s ID,
Keys,
medication and
money (up to $1,000.00)

Officers are reminded money in excess of five thousand ($5,000) dollars may be placed into the safe

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259
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.13 MAGISTRATING ADULT PRISONERS

A. Adult prisoners to be magistrated are taken to the Detention Center at 401 S. Frio St. and released into the custody of Detention Center personnel.

B. Officers booking prisoners on a new charge (Class B or higher) must have their offense reports reviewed and approved prior to submitting copies to the Magistrate’s Office in accordance with GM Proc. 401 Offense/Incident/Supplemental Reports.

C. Officers contact the Magistrate’s Office and submit copies of all required reports and forms. Required reports and forms include, but are not limited to, the following:

1.
2.
3.

D. The Magistrate determines the course of action to be taken against the prisoner.

A
  1. SAPD Form #91, Temporary Record of Arrest (Booking Slip);
  2. Appropriate offense report for the offense committed; and
  3. DWI, crash, and any supplemental reports and forms.
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260
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.13 MAGISTRATING ADULT PRISONERS

E. Prior to releasing a prisoner to Detention Center Personnel, officers will ask the prisoner the following questions that will be on the back of the booking slip. If the booking slip does not have the questions, the officer should use the stamp at the Detention Center to imprint the questions onto the back of the booking slip.

1.
2.
3.
4.

F. Officers mark down the prisoner’s answers to the questions on the back of the booking slip, make a copy of both sides of the booking slip, and place the copy in the box marked Center for Healthcare Services.

A
  1. Have you ever been diagnosed as having a mental illness by a doctor or by a mental health professional?
  2. Have you ever or are you currently taking any medications for mental illness?
  3. Have you ever tried to kill yourself?
  4. Do you currently have thoughts of killing yourself?
    * make a copy of both sides of the booking slip, and place the copy in the box marked Center for Healthcare Services.*
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261
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.14 INJURED SICK PRISONERS

A. Officers’ Responsibilities:
1.                   2.
3.                  4.
5.                  6.
7.

B. Officers shall complete SAPD Form #62, Injured Prisoner Report, on any injured/sick prisoner in their custody.
The officer preparing the injured prisoner report will forward copies to all units listed in the routing section of the report.

A
  1. Prisoners who are unconscious, visibly injured, sick, or claiming an injury or illness which requires immediate medical attention are taken directly to a medical facility for treatment by an EMS.
    EMS personnel select the medical facility.
    In felony cases or violent situations, an officer should accompany EMS to a medical facility on request and with approval from a supervisor.
    Officers should conform to the requirements of the medical facility on handcuffing of prisoners.
  2. Prisoners exhibiting or complaining of minor injury or sickness not requiring immediate medical attention are transported by the arresting officer to the Downtown University Health Care Building located at 527 North Leona or University Hospital, 4502 Medical Drive.
    Should the arresting officer be involved with other duties, another officer is assigned to transport the prisoner.
    Note: Based on the proximity of the Detention Center to the Downtown University Health Care Building, this is the primary facility for all minor injuries.
    If possible, have the dispatcher call 225-5481 ahead of time to confirm patient load.
  3. Prisoners who are under arrest for public intoxication will be handled in accordance with GM Procedure 605, Miscellaneous Offenses and Complaint Calls.
  4. Prisoners transported to the Downtown University Health Care Building are taken into the building through the North Leona St. entrance and to the second floor to either the Acute Care Clinic or the Crisis Care Center.
    During the hours of 0800 to 2000, officers shall utilize the medical services of the Acute Care Clinic.
    During all other hours, officers shall take their prisoner to the Crisis Care Center.
  5. For those prisoners being treated at the Downtown University Health Care Building who require additional treatment not available at either the Acute Care Clinic or the Crisis Care Center and for those who need to be admitted into University Hospital, the officer shall transport the prisoner to University Hospital as directed by medical personnel.
    If medical personnel request the prisoner be transported by EMS, the officer shall request EMS to transport the prisoner.
    When transporting prisoners to University Hospital, prisoners are taken into the medical facility through the emergency room entrance.
    If prisoners require only additional medical treatment they are not always booked by proxy.
  6. Officers are responsible for their prisoners while at a medical facility.
  7. All prisoners exposed to an electrical charge from an ECD will be handled in accordance with GM Procedure 512, Electronic Control Devices.
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262
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.15 DISPOSITION OF ADULT INJURED/SICK PRISONERS AT A MEDICAL FACILITY

A. Injured/sick prisoners who have been seen by a magistrate are not released at a medical facility.

B. Adult injured/sick prisoners charged with “Felony” offenses, and are treated or admitted to a medical facility are handled in the following manner:

  1. If the prisoner only needs treatment, the officer remains with the prisoner until treatment is complete and returns the prisoner to the Detention Center.
  2. Officers who anticipate having felony prisoners at a medical facility for treatment beyond their tour of duty are to contact a supervisor. Additionally, the officer will conduct hourly check-ins with the supervisor.

The supervisor shall:

A

a. Arrange for the primary officer to be relieved by an officer from the next shift only if the primary officer is going to be at the medical facility more than two (2) hours past his normal duty hours.
b. Ensure the primary officer has all necessary paperwork completed on the case prior to the relief officer taking custody of the prisoner.

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263
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.15 DISPOSITION OF ADULT INJURED/SICK PRISONERS AT A MEDICAL FACILITY

B. Adult injured/sick prisoners charged with “Felony” offenses, and are treated or admitted to a medical facility are handled in the following manner:

  1. If the prisoner is to be admitted, the officer remains with the prisoner and notifies a supervisor.

The supervisor shall:

A

a. Send another officer to pick up all documents necessary for the booking of the prisoner by proxy.
This officer writes the word “Proxy” on all documents submitted to the Detention Center and magistrate;

b. Review all documents to be submitted to the Detention Center and magistrate;
c. After booking by proxy, advise Bexar County Jail personnel of the need for a guard to be sent to the medical facility; and

d. Hospitalized felony prisoners are guarded until they become the responsibility of the Bexar County Sheriff’s Department or
issued a felony 52-X with approval from a supervisor.

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264
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.15 DISPOSITION OF ADULT INJURED/SICK PRISONERS AT A MEDICAL FACILITY

b. Class C misdemeanor prisoners (except public intoxication prisoners), not exhibiting the potential for violence and whose injuries are not the result of a officer’s use of force, are released from police custody after being issued a misdemeanor citation, with supervisor approval.

B. 4. Adult injured/sick prisoners charged with “Misdemeanor” offenses, if not treated within two (2) hours or if they are going to be admitted to a medical facility are handled in the following manner:

A

a. Class A or B misdemeanor prisoners, not exhibiting the potential for violence and whose injuries are not the result of an officer’s use of force, are issued SAPD Form #52-X, and released.
(1) Prisoners are released only with the approval of a supervisor.
(2) The prisoner is listed as a suspect on the officer’s report since the prisoner was released and not booked.
(3) A copy of SAPDForm#52-X is routed to the follow-up unit.
b. Class C misdemeanor prisoners (except public intoxication prisoners), not exhibiting the potential for violence and whose injuries are not the result of a officer’s use of force, are released from police custody after being issued a misdemeanor citation, with supervisor approval.

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265
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.15 DISPOSITION OF ADULT INJURED/SICK PRISONERS AT A MEDICAL FACILITY

C. Injured/sick prisoners to be charged with certain “Felony” offenses, if not treated or admitted to a medical facility within 🖕two (2) hours 🖕are handled in the following manner:

A
  1. Felony prisoners not charged with a felony charges listed below or not exhibiting the potential for violence in other felonies and whose injuries are not the result of the officer’s use of force, can be issued SAPD Form #52- X, Notice to Hospitalized Suspects, and released.
  2. Prisoners are released only with the approval of a supervisor.
  3. Injured/sick prisoners released are listed as suspects on the offense report.
  4. The officer writes “🖕🏽FELONY 52-X🖕👈🏿” on the top of the offense report.
  5. Officers note in the details of their offense report the suspect was released at the hospital, and a copy of SAPD Form #52-X is attached to a copy of SAPD Form #62, Injured Prisoner Report, and routed to the appropriate follow-up unit.
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266
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.15 DISPOSITION OF ADULT INJURED/SICK PRISONERS AT A MEDICAL FACILITY

  1. The following Penal Code charges SHALL NOT be considered for release via SAPD Form 52-X:
A

a. P. C. 19.02, Murder
b. P. C. 19.03, Capital Murder
c. P. C. 20.03, Kidnapping
d. P. C. 20.04, Aggravated Kidnapping
e. P. C. 21.11, Indecency with a Child
f. P. C. 22.01(a)(1), Assault (If exhibiting the potential for violence)
g. P. C. 22.011, Sexual Assault
h. P. C. 22.02, Aggravated Assault
i. P. C. 22.021, Aggravated Sexual Assault
j. P. C. 22.04, Injury to a Child, Elderly Individual, or Disabled Individual
k. P. C. 29.02, Robbery
l. P. C. 29.03, Aggravated Robbery
m. P. C. 30.02, Burglary with Intent to Commit a Felony or Assault
n. P. C. 49.04, DWI (Felony)
o. P. C. 49.07, Intoxication Assault
p. P. C. 49.08, Intoxication Manslaughter

q. Any felony charge where totality of circumstances outweigh prisoner release

NOTE: When drivers involved in a fatality crash are admitted to the hospital, Officers/Detectives will apply for a warrant for the arrest of the driver, who is to be arrested as soon as he is released from the hospital.

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267
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.15 DISPOSITION OF ADULT INJURED/SICK PRISONERS AT A MEDICAL FACILITY

C. Injured/sick prisoners to be charged with certain “Felony” offenses, if not treated or admitted to a medical facility within 🖕two (2) hours 🖕are handled in the following manner:

  1. Supervisor responsibilities include ____________________.
A

the review of the arresting officer’s report, preparation of a supplement report, and a determination if the criteria are within the requirements listed; can be issued SAPD Form #52-X, Notice to Hospitalized Suspects, and released.

Final responsibility will rest with the deciding supervisor.

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268
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.15 DISPOSITION OF ADULT INJURED/SICK PRISONERS AT A MEDICAL FACILITY

D. Warrant Checks on Adult Injured /Sick Prisoners

A
  1. A warrant check is conducted on all injured/sick prisoners.
  2. If any type of warrant is found for a prisoner who only requires treatment at a medical facility, the prisoner, after treatment, is returned to a detention facility.
  3. If a felony, Class A, or Class B misdemeanor warrant is found for a prisoner arrested for a felony offense and he is to be admitted to a medical facility, the prisoner is guarded until he is booked by proxy and in the custody of the Bexar County Sheriff’s Department.
  4. If a felony, Class A, or Class B misdemeanor warrant is found for a prisoner arrested for a Class A or Class B misdemeanor offense, and treatment will take more than two (2) hours or the prisoner is to be admitted to a medical facility, the Bexar County Sheriff’s Department is notified and a county warrant officer is requested.
    The prisoner is issued SAPD Form #52-X and released to the custody of the Bexar County Sheriff warrant officer.
  5. If a Class C misdemeanor warrant is found for a prisoner arrested for a A or Class B misdemeanor offense, and treatment will take more than two (2) hours or the prisoner is to be admitted to a medical facility, the prisoner is released from custody after being issued SAPD Form #52-X.
  6. If a Class C misdemeanor warrant(s) is found for a prisoner arrested for a Class C offense, and treatment will take more than two (2) hours or the prisoner is to be admitted to a medical facility, the prisoner is released from custody after supervisor approval is given.

Additionally, the officer shall contact the Municipal Court Warrants Section at 210-207-7718 to reactivate the warrant(s).

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269
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.16 DISPOSITION OF JUVENILE INJURED/SICK PRISONERS AT A MEDICAL FACILITY

A. Officers shall make every possible attempt to contact or notify the ___________________ of the injured or sick juvenile prisoner being transported to a medical facility so they may be present at the medical facility.

B. Injured or sick juvenile prisoners charged with a _______ are guarded by SAPD officers at the hospital or medical facility until treatment is complete and then returned to the Juvenile Processing Office for processing prior to being taken to the Bexar County Juvenile Detention Center.

A

A. parent, legal guardian, or custodian

B. capital felony, or a violent felony,

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270
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.16 DISPOSITION OF JUVENILE INJURED/SICK PRISONERS AT A MEDICAL FACILITY

C. Regardless of the cause of the injury or sickness, injured or sick juvenile prisoners charged with any offense guarded by SAPD officers at the hospital or medical facility until their disposition is determined.

The disposition of the prisoner is determined by the following circumstances:

A

C. The disposition of the prisoner is determined by the following circumstances:

  1. The handling officer contacts a supervisor and advises him of the situation.
    The officer relays such information as the offense committed, *involvement in any family violence, *whether the prisoner is wanted on any warrants, and *the nature of the injury/sickness.
  2. If the juvenile is arrested for a felony offense and treatment of the juvenile can be completed within two (2) hours, the juvenile prisoner is guarded by the arresting officer and transported to the Juvenile Processing Office after treatment.
  3. If the juvenile is arrested for any offense other than a capital felony, or any violent felony, and treatment is going to take more than two (2) hours or if the juvenile is going to be admitted into the hospital, the supervisor will advise the officer to release the juvenile prisoner.
  4. If the decision is made by the supervisor to release a juvenile prisoner, officers will:
    a. Before releasing the injured or sick juvenile, officers must notify staff within the Juvenile Processing Office and the appropriate follow-up unit or Night CID Unit;

b. Positively identify the prisoner.
In situations involving felony offenses, the follow-up unit or Night CID Unit may request a Crime Scene Unit Investigator to photograph and fingerprint the juvenile prior to being released from the officer’s custody.
All film, photograph’s and fingerprint cards will be forwarded to the staff within the Juvenile Processing Office by the Crime Scene Unit Investigator;

c. Document in their report the name of the supervisory officer who advised them to release the prisoner, including the name of the follow-up detective or Night CID Unit personnel who the officer contacted;

d. Guard the prisoner until the arrival of a parent, legal guardian, or custodian who is going to take custody of the juvenile prisoner.
Officers positively identify and document in their report the name of the parent, legal guardian, or custodian who took custody of the prisoner;

e. Issue SAPD Form #52-X to the parent, legal guardian, or custodian who took custody of the juvenile prisoner and route a copy of the notice to the follow-up unit: and
f. Route a copy of the offense/incident report, including a copy of all other applicable reports to the appropriate follow-up unit.

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271
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.16 DISPOSITION OF JUVENILE INJURED/SICK PRISONERS AT A MEDICAL FACILITY

  1. If the decision is made by the supervisor to release a juvenile prisoner, officers will:
A

a. Before releasing the injured or sick juvenile, officers must notify staff within the Juvenile Processing Office and the appropriate follow-up unit or Night CID Unit;

b. Positively identify the prisoner. In situations involving felony offenses, the follow-up unit or Night CID Unit may request a Crime Scene Unit Investigator to photograph and fingerprint the juvenile prior to being released from the officer’s custody.
All film, photograph’s and fingerprint cards will be forwarded to the staff within the Juvenile Processing Office by the Crime Scene Unit Investigator;

c. Document in their report the name of the supervisory officer who advised them to release the prisoner, including the name of the follow-up detective or Night CID Unit personnel who the officer contacted;

d. Guard the prisoner until the arrival of a parent, legal guardian, or custodian who is going to take custody of the juvenile prisoner.
Officers positively identify and document in their report the name of the parent, legal guardian, or custodian who took custody of the prisoner;

e. Issue SAPD Form #52-X to the parent, legal guardian, or custodian who took custody of the juvenile prisoner and route a copy of the notice to the follow-up unit: and
f. Route a copy of the offense/incident report, including a copy of all other applicable reports to the appropriate follow-up unit.

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272
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.16 DISPOSITION OF JUVENILE INJURED/SICK PRISONERS AT A MEDICAL FACILITY

D. Warrant Checks on Juvenile Injured /Sick Prisoners

1.
2.
3.

A
  1. A warrant check is conducted on all injured/sick juvenile prisoners.
  2. Injured or sick juvenile prisoners charged with any offense and are wanted on capital felony warrants or felony of the first degree warrants are guarded at a medical facility until treatment is completed and are then transported to the Juvenile Processing Office for processing.
  3. If the juvenile is arrested for any offense other than a capital felony or any violent felony and the juvenile is wanted for warrants other than capital felony warrants or felony of the first degree warrants the juvenile is released in accordance with this procedure.
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273
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 601 – Prisoners

.17 GUARD DUTY AT A MEDICAL FACILITY

A. Justification for guarding an injured/sick prisoner is based on ensuring the prisoner’s safety and to prevent escape.

B. Shift directors determine if a guard is necessary.

C. Officers’ Duties While Guarding Prisoners:

1.
2.
3.
4.
5.
6.
A
  1. Prisoners are not moved for the convenience of the officer.
  2. Prisoners are not left unattended.
    When relief is necessary, the officer requests the Communications Unit to send another officer.
  3. When necessary to prevent escape, prisoners are secured with handcuffs and, if necessary, leg irons.
    Prisoners are not secured to any stationary objects.
  4. Adult prisoners are not allowed to have visitors. Only medical personnel and the prisoner’s attorney are allowed to see the prisoner.
    If medical authorities advise the prisoner is in danger of expiring, the officer, with approval of the attending physician, allows family members and the clergy to visit.
  5. Injured or sick juvenile prisoners being guarded at a hospital or medical facility may be allowed to have visits by a parent, legal guardian, custodian, or their attorney if such visits are approved by the attending physician.
  6. Prisoners are not allowed to leave the room/ward without permission of hospital staff personnel.
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274
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 924 – Mandatory Drug Testing Program

.01 INTRODUCTION

A. This procedure establishes a Mandatory Drug-Testing program for sworn members, agreed upon by the City of San Antonio and the San Antonio Police Officers’ Association.

B. The intent of the Department is to adhere to the United States Department of Transportation
(U.S. D.O.T.).
Standards for drug and alcohol testing.
(For current list of test cutoff levels, refer to: https://www.transportation.gov/odapc/part40/40-87).

C. This procedure does not supersede any criminal investigation related to substance abuse by a member of the Department.

D. The drug testing of non-sworn members is handled in accordance with City Administrative Directive 4.3, Alcohol and Controlled Substances Testing.

E. During times when the Department’s Mandatory Drug Testing Program Coordinator will be unavailable, the Deputy Chief of Staff – External will be designated to temporarily fill that position.

.02 POLICY

It is the policy of the San Antonio Police Department to maintain a safe work environment for its employees and for the citizens of San Antonio.
To ensure the integrity of the Department and to preserve the public trust and confidence, this Department has implemented the following drug-testing policy to ensure a drug-free workplace.

A

.04 REASONABLE SUSPICION DRUG TESTS

A. During normal business hours
(0745-1630, Mon-Fri)
any command or supervisory officer who has reasonable suspicion to believe an officer is under the influence of drugs or controlled substances shall, with the concurrence from the ranking on duty commander, place the officer on administrative duty, write a detailed report requesting a Mandatory Drug Test be conducted on said officer, and contact the Department’s Mandatory Drug Testing Program Coordinator in the Office of the Chief.
The detailed report must include a summary of the specific, observable facts that the officer may be under the influence of drugs or a controlled substance.
The report shall be submitted to the Mandatory Drug Testing Program Coordinator, at the first available opportunity.
B. Notification during weekends, holidays, and between the hours of 1630 and 0745:
a. When the supervisor requesting the Reasonable Suspicion Drug Test is a Sergeant, he notifies his on-duty Lieutenant, writes a detailed report requesting a Mandatory Drug Test be conducted on said officer, and requests that the Communications Unit notify the Mandatory Drug Testing Program Coordinator.

Note: In the absence of the Lieutenant assigned to the affected office, the requesting supervisor notifies another on-duty Lieutenant.

b. When the supervisor requesting the Reasonable Suspicion Drug Test is a Lieutenant or above, or a Lieutenant responds to the scene at the request of a Sergeant, after assessing the situation, he shall, with the concurrence from the officer’s Division Commander:

  1. ) Place the officer an administrative duty;
  2. ) Write a detailed report requesting a Mandatory Drug Test be conducted on said officer;
  3. ) Request the Communications Unit to notify the Mandatory Drug Testing Program Coordinator.
  4. A detailed verbal report shall be given to the Mandatory Drug Testing Program Coordinator by the requesting supervisor at the first available opportunity and must include a summary of the specific, observable facts that the officer may be under the influence of drugs, alcohol, or inhalants.

(A written report should be hand-carried to the Mandatory Drug Testing Program Coordinator, at the first available opportunity.)

C. The Mandatory Drug Testing Program Coordinator will then brief the Chief of Police as soon as practically possible and a decision will be made whether or not to order the requested drug test.
The reasonable suspicion must be based on specific, observable facts that an officer may be under the influence of drugs, alcohol, or inhalants.

D. The Chief of Police shall have the discretionary authority, based on reasonable suspicion, to order an officer to submit to a Mandatory Drug Test.

(Command notification will begin after the
Chief
has given the order for a Reasonable Suspicion Mandatory Drug Test.)

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275
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 924 – Mandatory Drug Testing Program

.02 POLICY

It is the policy of the San Antonio Police Department to maintain a _____________ for its employees and for the citizens of San Antonio.

A

safe work environment

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276
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 924 – Mandatory Drug Testing Program

.04 REASONABLE SUSPICION DRUG TESTS

A. During normal business hours (0745-1630, Mon-Fri) any command or supervisory officer who has __________ to believe an officer is under the influence of a drug or controlled substance shall, with the concurrence from the ranking on duty commander, place the officer on administrative duty, write a detailed report requesting a mandatory drug test be conducted on said officer, and contact the Department Drug Testing Coordinator in the Office of the Chief.

A

reasonable suspicion

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277
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 924 – Mandatory Drug Testing Program

.05 MANDATORY DRUG TESTING PROGRAM

A. As per the Collective Bargaining Agreement, one hundred percent (100%) of all officers of all ranks shall be susceptible to mandatory drug testing during each calendar year on a fair and impartial statistical basis at the City’s expense.

B. The Mandatory Drug Testing Program is designed and shall be administered to result in disciplinary action only against those officers who have violated the Department’s rules, regulations, policies, or procedures.

C. The Mandatory Drug Testing Program will be administered by the Mandatory Drug Testing Program Coordinator, assigned to the Office of the Chief.

A

.06 SELECTION OF OFFICERS

A. A computerized program certified and operated as non-discriminatory by an independent firm hired by the City shall be used to randomly select officers to be tested.

B. Based on authorized manpower levels as of January 1st of each year, twenty-five percent (25%) of all active sworn officers will be randomly selected and tested during each calendar year.

C. The identification numbers (SAP numbers) of the officers selected on a monthly basis by the independent firm
(hereafter referred to as the “Company”)
will be provided to the Mandatory Drug Testing Program Coordinator.

D. The Mandatory Drug Testing Program Coordinator will be responsible for notifying the Company of the identity of the officers selected for Mandatory Drug Testing.

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278
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 924 – Mandatory Drug Testing Program

.07 OFFICER NOTIFICATION AND PRE-TESTING PROCEDURES

A. A supervisory officer will notify officers selected for Mandatory Drug Testing of the officers’ selection in accordance with Section .06.

B. The supervisory officer will have the officer selected for Mandatory Drug Testing sign a written order issued by the Chief of Police, acknowledging the officer has been ordered to provide a urine specimen for testing.

C. Officers selected for Mandatory Drug Testing will normally be contacted and asked to provide a specimen at the location where they work.

A

.08 MANDATORY DRUG TESTS

A. Mandatory Drug Tests shall be conducted to detect the presence in urine specimens of those classes of drugs identified by the DOT that require laboratory testing (49 CFR Part 40 Subpart F).

B. Mandatory Drug Tests shall consist of a two-step procedure:

  1. An initial drug screening test and, when applicable;
  2. A confirmatory test.

C. Both the initial drug screen and the confirmatory test will be performed at a
Substance Abuse Mental Health Services Administration (SAMHSA)
College of American Pathologist (CAP)
Forensic Urine Drug Testing Program (FUDTP)
certified laboratory.

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279
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 924 – Mandatory Drug Testing Program

.09 INITIAL DRUG SCREENING TEST PROCEDURE

A. When an officer is notified by a supervisory officer he has been selected for a Mandatory Drug Test, the officer will cooperate fully with supervisors and representatives of the Company and provide a urine specimen.

  1. The officer shall be provided a restroom that is private and secure.
  2. The officer shall be permitted no more than four (4) hours to provide the sample.
  3. During this maximum four (4) hour period, officers will remain in the testing area under observation by the Company representative.
  4. Reasonable amounts of fluids may be given to officers to encourage urination.

B. Officers will be required to provide a minimum of 45 milliliters (ml) of urine to be tested. The urine will be separated into two (2) samples, one 30 ml sample (“A” bottle) and one 15 ml sample (“B” bottle).

C. When there is a reason to believe an officer may have altered or substituted a urine specimen to be provided, a second urine specimen shall be obtained under the direct observation of the Company representative.

D. When an officer appears unable or unwilling to give a urine sample to be tested, the Company representative shall document the circumstances on the drug test report form.

A

E. Failure of officers to provide urine samples or an attempt to alter, taint, or impair the validity of a urine sample for the initial drug screening test may be considered a refusal to submit to a mandatory drug test.

A refusal would be a violation of Rule and Regulation 3.03A, Insubordination, and may lead to a recommendation for an officer’s termination.

F. The Chief of Police maintains the right to determine the duty status of officers who refuse to provide a urine specimen.

G. The urine sample will be tested for the presence of those classes of drugs identified by the DOT that require laboratory testing (49 CFR Part 40 Subpart F)

  1. An initial non-negative test result will not be considered conclusive; rather, it will be classified as “pending confirmation.”
  2. A non-negative test result on the initial drug-screening test will automatically require a confirmation drug test be performed.

H. Officers may, at their own expense, request to have the drug test administered at an approved physician’s office, provided the test is administered within five (5) hours after notification by the Chief.

The Company representative will accompany the officer.

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280
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 924 – Mandatory Drug Testing Program

.06 SELECTION OF OFFICERS

A. A computerized program certified as _____________ and operated by an independent firm hired by the City shall be used to randomly select officers to be tested.

B. Based on authorized manpower levels as of January 1st of each year, twenty-five percent (25%) of all officers will be randomly selected and tested during each year.

A

non-discriminatory

* The Drug Testing Coordinator will be responsible for notifying the Company of the identity of the officers selected for mandatory drug testing.*

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281
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 924 – Mandatory Drug Testing Program

.10 CONFIRMATION DRUG TEST PROCEDURE
A. The 30 ml sample of the officer’s urine will be used to conduct the initial drug screening test and when appropriate;
a confirmatory test.
B. Should a confirmation test be appropriate as a result of a non-negative initial drug-screening test, the confirmatory test procedure will be technologically different and more sensitive than the initial drug screening test. A five- (5) panel drug- screening test will be conducted on each drug test by the SAMHSA/CAP FUDTP certified laboratory selected to conduct the drug test.
C. The same five- (5) panel drug screen test will be conducted on each confirmatory drug test as was conducted on the initial screening test.
D. Where a positive drug test is confirmed, the officer’s urine specimen (both “A” bottle and “B” bottle) shall be maintained in a secured, refrigerated storage until any disciplinary action has been finalized.
E. A post-test interview shall be conducted by a Medical Review Officer (MRO) from the Company on any officer who has a confirmed positive test result. The post-test interview will be conducted to ascertain and document the recent use of prescription or non-prescription medicine and direct or indirect exposure to drugs that may result in a positive test result.
F. Officers have the right to request their urine sample be stored in case of legal disputes. If the officer requests, the urine sample will be submitted to the designated testing facility where the sample will be maintained for a period of one (1) year from the date the officer provided the urine sample.

A

.11 MANDATORY DRUG TEST RESULTS
A. All original copies of Mandatory Drug Test results and records shall be submitted to the Chief of Police in a sealed
envelope by the Company.
B. Any officer having a confirmed positive drug test result will be processed for disciplinary action in accordance with GM Procedure 303, Disciplinary Procedures. Disciplinary action could include a recommendation for an officer’s termination.
C. The Chief of Police maintains the right to determine the duty status, pending disciplinary action, of any officer refusing to provide a specimen or of any officer having a confirmed positive drug test result.

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282
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 924 – Mandatory Drug Testing Program

.08 MANDATORY DRUG TESTS

A. Mandatory drug tests shall be conducted to detect the presence of _____________________ in urine specimens.

B. Mandatory drug tests shall consist of a two-step procedure.
The two steps are as follows:

  1. An initial drug screening test and, if necessary;
  2. A confirmation drug screening test.

C. Failure of officers to provide urine samples or an attempt to alter, taint, or impair the validity of a urine sample for the initial drug screening test may be considered a refusal to submit to a mandatory drug test.

A refusal would be a violation of Rule and Regulation 3.03A, Insubordination, and may lead to a recommendation for an officer’s termination.

D. The Chief of Police maintains the right to determine the duty status of officers who refuse to provide a urine specimen. (“non-discriminatory”)

A
marijuana, 
cocaine, 
opiates, 
amphetamine, and/or 
phencyclidines
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283
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 924 – Mandatory Drug Testing Program

.12 CONFIDENTIALITY

A. All records pertaining to Mandatory Drug Testing shall remain confidential, except to the extent used in a disciplinary process and appeal.

B. Drug tests results and records shall be stored in a locked file under the control of the Chief.

  1. The Chief will maintain original copies submitted by the laboratory in accordance with the City’s Record Retention Policy.
  2. No access to drug test results and records shall be allowed without the written approval of the Chief.
A

C. Any employee disclosing any information regarding:

  • the identity of an officer selected for
  • Mandatory Drug Testing
  • that the drug testing is scheduled
  • the date on which the urine specimen is to be collected

is subject to disciplinary action.

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284
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 924 – Mandatory Drug Testing Program

.08 MANDATORY DRUG TESTS

B. Mandatory Drug Tests shall consist of a two-step procedure:

A
  1. An initial drug screening test

and, when applicable;

  1. A confirmatory test.
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285
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 924 – Mandatory Drug Testing Program

.09 INITIAL DRUG SCREENING TEST PROCEDURE

A. When an officer is notified by a supervisory officer he has been selected for a Mandatory Drug Test, the officer will cooperate fully with supervisors and representatives of the Company and provide a urine specimen.

A
  1. The officer shall be provided a restroom that is private and secure.
  2. The officer shall be permitted no more than four (4) hours to provide the sample.
  3. During this maximum four (4) hour period, officers will remain in the testing area under observation by the Company representative.
  4. Reasonable amounts of fluids may be given to officers to encourage urination.
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286
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 924 – Mandatory Drug Testing Program

.10 CONFIRMATION DRUG TEST PROCEDURE

C. The same ____________________ will be conducted on each confirmatory drug test as was conducted on the initial screening test.

A

five- (5) panel drug screen test

the confirmatory test procedure will be technologically different and more sensitive
than the initial drug screening test.

A five- (5) panel drug- screening test will be conducted on each drug test

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287
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 924 – Mandatory Drug Testing Program

.11 MANDATORY DRUG TEST RESULTS

A. All original copies of Mandatory Drug Test results and records shall be submitted to the Chief of Police in a sealed envelope by the Company.

B. Any officer having a confirmed positive drug test result will be processed for disciplinary action in accordance with GM Procedure 303, Disciplinary Procedures.
Disciplinary action could include a recommendation for an officer’s termination.

C. The _________ maintains the right to determine the duty status, pending disciplinary action, of any officer refusing to provide a specimen or of any officer having a confirmed positive drug test result.

A

Chief of Police

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288
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 924 – Mandatory Drug Testing Program

.05 MANDATORY DRUG TESTING PROGRAM

A. As per the Collective Bargaining Agreement,
one hundred percent (100%) of all officers of all ranks shall be susceptible to mandatory drug testing during each calendar year on a fair and impartial statistical basis at the City’s expense.

A

.06 SELECTION OF OFFICERS

B. Based on authorized manpower levels as of January 1st of each year, twenty-five percent (25%) of all active sworn officers will be randomly selected and tested during each calendar year.

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289
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 924 – Mandatory Drug Testing Program

.09 INITIAL DRUG SCREENING TEST PROCEDURE
A. When an officer is notified by a supervisory officer he has been selected for a Mandatory Drug Test, the officer will cooperate fully with supervisors and representatives of the Company and provide a urine specimen.

  1. The officer shall be provided a restroom that is private and secure.
  2. The officer shall be permitted no more than four (4) hours to provide the sample.
  3. During this maximum four (4) hour period, officers will remain in the testing area under observation by the Company representative.
  4. Reasonable amounts of fluids may be given to officers to encourage urination.
A

B. Officers will be required to provide a minimum of 45 milliliters (ml) of urine to be tested.

The urine will be separated into two (2) samples,

one 30 ml sample (“A” bottle)

and

one 15 ml sample (“B” bottle).

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290
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 923 – Return to Duty (RTD) Program

.01 INTRODUCTION

The Return to Duty (RTD) Program establishes the processes necessary to ensure officers receive prompt, effective, and adequate services and support as needed to return to duty.

This support is available whenever officers are involved in a serious incident or are absent from the Department for an extended period of time.

.02 POLICY

A. Officers who ________________________ whether on or off duty, or who have been away from the Department more than ninety (90) consecutive calendar days, may be placed into the RTD Program.

Additionally, any officer may be placed into this program at the direction of the Chief of Police.

B. Officers who have sustained a serious traumatic injury, whether on or off duty, will receive both medical and psychological services throughout the stages of their recovery.

A

sustain a serious traumatic injury, or

who witness a violent, traumatic incident involving death or serious bodily injury,

291
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 923 – Return to Duty (RTD) Program

.03 DISCUSSION

A. The San Antonio Police Department recognizes the importance of the physical, mental, and emotional health of its officers. It also recognizes the many stresses placed on officers and their families when officers are seriously injured or have been away from the Department and not performing police functions for long periods of time. To help decrease the impact of excessive stress, the Department has a Psychological Services Office prepared to support the psychological needs of its officers and their families through evaluation, counseling, and consultation in accordance with GM Procedure 921, Psychological Services.

B. With numerous changes in laws, Department policies and procedures, changes in technology, tactics, and possible loss of driving and firearms skills, the RTD Program is designed to assist the officer’s re-introduction into being a fully functional member of the Department.

C. The RTD Program provides the officer and his family supportive counseling services, if necessary, to help the officer and his family cope and recover from any serious injuries or trauma.

D. The RTD Program provides training assessment and field work through the Field Training Officer (FTO) Program, designed to assist officers with returning to their assigned duties.

E. The RTD Program is designed to satisfy the community’s expectation that the officers have been properly cared for and are capable of returning to their duties as police officers.

F. The RTD Program process will ensure the highest degree of continuity and standardization in the reorientation of officers who have missed time from work due to:

A
  1. A serious traumatic injury (whether on or off duty);
  2. A serious bodily injury (whether on or off duty);
  3. Witnessing a violent, traumatic incident involving death or serious bodily injury;
  4. Sick leave in excess of ninety (90) consecutive calendar days;
  5. Military leave in excess of ninety (90) consecutive calendar days;
  6. Any other circumstances where the officer has missed more than ninety (90) consecutive calendar days; or
  7. At the discretion of the Chief of Police.
292
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 923 – Return to Duty (RTD) Program

.05 RETURN TO DUTY (RTD) PROGRAM

A. The Return to Duty Program shall be coordinated by the Office of the Chief in conjunction with the FTO Program and the Psychological Services Office.

B. Within twenty-four (24) hours of receiving any notification that an officer has missed time from work due to events outlined in Section .03.F.(1-6), the officer’s Division Commander shall route all documentation pertaining to the officer/event to the RTD Program Coordinator in the Office of the Chief.

C. The officer’s Division Commander, in conjunction with the RTD Program Coordinator, the Psychological Services Office, and the Chief of Police, shall review the documentation on the officer and determine if the officer is placed into the RTD Program.

D. The Chief of Police will make the final decision on whether an officer is placed into the RTD Program.

E. Officers placed into the RTD Program shall receive mandatory evaluations as outlined in GM Procedure 921, Psychological Services.

F. The Coordinator of the RTD Program, with consultation from the Psychological Services Office, will make recommendations to the Chief of Police regarding limited duty assignments for officers in the RTD Program.

G. While an officer is physically recovering from his injuries, the Psychological Services Office will offer supportive counseling services to include individual and/or family counseling as well as providing peer group support.

H. The Psychological Services Office shall conduct counseling services with the officer, as needed, based on the nature and severity of the serious traumatic and/or serious bodily injury sustained.

  1. Psychological counseling services may also be conducted with the officer’s family members who choose to receive the counseling.
  2. Psychological counseling services may include, but are not limited to, counseling for stress, critical incident stress, officer evaluations, and other counseling services as outlined in GM Procedure 921.

I. After an officer is cleared medically to return to duty, the _______________ shall implement a plan designed to assist officers with returning to their police duties.

A

FTO Program Coordinator

293
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 923 – Return to Duty (RTD) Program

.05 RETURN TO DUTY (RTD) PROGRAM

  1. An individual training program shall be established for each officer based on the reason for the officer’s entry into the RTD Program. The training will be customized for each officer and will consider such things as length of time away from the job, the nature, extent, and seriousness of any traumatic and/or bodily injury sustained, and their duty assignment.
  2. The first stage of training will be conducted at the Training Academy and may include, but not be limited to, Penal Code, Code of Criminal Procedures, Department policies and procedures, physical training, tactics, firearms proficiency, and driving.
    a. Training Academy Instructors shall document in writing all training provided to the officer, including whether the officer passed or failed the curriculum.
    b. The FTO Program Coordinator shall review all documentation provided by Training Academy Instructors in determining an officer’s fitness to return to police duties.
  3. The second stage of training shall consist of working in the field with an FTO.

a. During the first week of “Field Work” with an FTO, the officer _______ be at his assigned station, but should be on the same shift.
The FTO will complete SAPD Form #37-DER, Daily Evaluation Report, each day the officer rides with the FTO.

b. At the end of the first week of “Field Work,” the FTO will complete SAPD Form #37-WER, Weekly Evaluation Report, documenting whether the officer requires additional training or if the officer should advance to the next step in training and to his assigned substation.

c. During the second week of “Field Work” with an FTO, the officer should be at his assigned station and shift.
The FTO will complete SAPD Form #37-DER each day the officer rides with the FTO.

d. At the end of the second week of “Field Work,” the FTO will complete SAPD Form #37-WER documenting whether the officer requires additional training or if the officer should be returned to his regular duties.

A

will not

294
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 923 – Return to Duty (RTD) Program

.05 RETURN TO DUTY (RTD) PROGRAM

J. Officers not assigned to Patrol Divisions who have successfully completed the first stage of training:

  1. Will be assigned to their previous units under the direction of their immediate supervisor for at least one week of evaluation.
  2. The immediate supervisor will then make a written recommendation to the Return to Duty Program Coordinator, recommending whether the officer should return to full police duty status or if the officer requires additional training.

K. Upon an officer completing the RTD Program:

  1. The FTO Program Coordinator and/or Return to Duty Coordinator shall review all documentation provided by the FTO or unit supervisor in determining an officer’s fitness to return to police duties.
  2. The FTO Program Coordinator will complete a report documenting whether the officer requires additional training or if the officer should be returned to his police duties.
    The FTO Program Coordinator will then route the report, including all training documentation, to the Psychological Services Office.
  3. The Psychological Services Office shall review all documentation received from the FTO Program Coordinator and/or Return to Duty Program Coordinator and document whether the officer requires additional services or if the officer should be returned to his police duties.
    The Psychological Services Office will route all documentation, training assessments, and psychological services recommendation to the Chief of Police.

L. Upon review of all documentation, the Chief of Police has the following options regarding the officer’s status in the Program:

A
  1. Return to full duty,
  2. Additional training,
  3. Additional counseling,
  4. Removal from Department.

1 = (In accordance with GM Procedure 904, Limited Duty Assignments)

4 = (In accordance with Rules and Regulations and the Collective Bargaining Agreement)

295
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 923 – Return to Duty (RTD) Program

.06 RTD PROGRAM RESPONSIBILITIES

A. Office of the Chief

  1. The Chief of Police may order an officer to undergo psychological evaluation or treatment.
    The Chief of Police will be furnished with a report from the health care professional to whom the officer was referred.
  2. Makes the final determination on officer’s placement in and release from the RTD Program.

B. Return to Duty (RTD) Program Coordinator

  1. Coordinates and tracks the RTD Program.
  2. Maintains all documentation pertaining to an officer’s participation in the RTD Program

C. Training Academy Staff

  1. The Training Academy Commander shall schedule Academy instructors to instruct officers placed into the RTD Program.
  2. Training Academy Instructors shall train officers placed in the RTD program. Additionally, they will make recommendations to the FTO Program Coordinator on an officer’s ability to return to police duties.

D. Field Training Officer (FTO) Program Coordinator

  1. In conjunction with the _________________, shall establish individualized curriculum guidelines for those officers required to participate in the RTD Program.
  2. Conducts evaluations of officers in the RTD Program, and make recommendations to the Chief of Police on an officer’s ability to return to police duties.
  3. Maintains copies of documented training and evaluations conducted by Training Academy Staff and FTO’s.

E. Field Training Officers (FTO)

  1. Retrains and evaluates officers who are placed into the RTD Program.
  2. Makes recommendations to the FTO Program Coordinator regarding an officer’s ability to return to full police duties.

F. Psychological Services Office

  1. Provides psychological evaluations to officers who are placed into the RTD Program.
  2. All voluntary and non-mandatory evaluations and counseling are confidential information, unless the staff psychologist determines an immediate threat exists to a member or other party (in such cases, the staff psychologist has a duty to intervene to save lives), or if required by law or subpoenaed by a Judge’s order.

G. Officers and Family Members

  1. Officers and immediate family members may request voluntary psychological services by contacting the Department’s Psychological Services Office at 207-2180.
  2. Officers may make appointments for voluntary evaluations by calling the Psychological Services Office at 207-2180.
A

Psychological Services Office

Psychological services may also be conducted in conformance with GM Procedure 921.

296
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 922 – Reporting of Criminal Offenses by Department Members

01 INTRODUCTION

This procedure establishes a process for members to follow for reporting any criminal offense committed by members of the Department and ensures an appropriate investigation of the allegations.

.02 POLICY

A. It is the policy of the San Antonio Police Department that members shall report ___________________ committed by Department members through internal channels in order to ensure the Chief of Police is properly notified of the allegations.

B. This policy is not intended to prevent members from going outside of the Department to report criminal offenses, but is the first step in the reporting process.

A

criminal offenses and significant behavioral infractions

297
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 922 – Reporting of Criminal Offenses by Department Snitches

.04 DISCUSSION

A. All sworn and civilian members shall report criminal offenses committed by Department members.
Through this procedure, members have a means for reporting criminal offenses to two (2) different units within the Department for investigation.

B. This procedure does not prevent members from reporting criminal offenses committed by Department members to outside agencies, but members should be advised outside agencies ____________ if the Department has a procedure for reporting criminal offenses and if the member followed the Department procedure before filing the complaint with an outside agency.

A

may inquire

(And your fucking point here is?) 🤔

It does not prevent members …… but what about…… 🤔
deter? Discourage? Instill doubt and fear of the consequences?

298
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 922 – Reporting of Criminal Offenses by Department Snitches

.05 REPORTING OF CRIMINAL OFFENSES

A. Any member of the Department who suspects or has knowledge of any criminal offense committed by any Department member shall report the criminal offense in writing using SAPD Form #62-RCO, Reporting of Criminal Offenses By Department Members, and hand carry the form to one of the following units.

2.

B. In addition to SAPD Form #62-RCO, the reporting member may also fill out the appropriate incident or offense report and submit the report in accordance with General Manual reporting procedures;
Or…

C.

A

shall report the criminal offense in writing using SAPD Form #62-RCO, Reporting of Criminal Offenses By Department Members, and hand carry the form to one of the following units.

  1. The Office of the Chief; or
  2. The Integrity Detail. (Within the SARIC unit)

Or….
C. If the member receiving the information about suspected criminal activity is uncertain as to the credibility of the person and/or the information provided, the member may write the information on an interoffice correspondence form without a case number and deliver the information in person to either the Office of the Chief or SARIC.

This procedure does not prevent members from reporting criminal offenses committed by Department members to outside agencies but, the conditions of the reporting procedure DOES allow for consequences if you don’t report it to the department FIRST.

299
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 922 – Reporting of Criminal Offenses by Department Snitches

.06 INVESTIGATIVE PROCESS

A. When a SAPD Form #62-RCO is received in the Office of the Chief, a supervisory officer assigned to the Office of the Chief shall sign the form, provide the reporting member with a copy, make a copy for the Chief’s Office, and forward the original form to the Integrity Detail for investigation.

B. When a SAPD Form #62-RCO is received in the Integrity Detail from a Department member reporting a criminal offense, a Integrity Detail supervisor will sign the form and provide the reporting member with a copy.

C. All SAPD Forms #62-RCO received in the Integrity Detail, either from the Office of the Chief or directly from a Department member are processed as follows:

1.
2.
3.
4.

A
  1. The Integrity Detail will conduct a preliminary investigation of the criminal offense and report the results to the Chief of Police.
  2. The Chief’s designee shall meet with the reporting member and advise that member of the preliminary investigation results. The reporting member will be given a completed SAPD Form #62-PIR, Receipt of Preliminary Investigation Results, and be asked to sign the form.
    The form will include a list of outside agencies that may be contacted if the reporting member wants an outside agency to investigate the complaint.
  3. The Chief of Police, when necessary, will assign the appropriate follow-up unit to conduct a full investigation of the criminal offense.
  4. If a full investigation is necessary, the Chief’s designee shall meet again with the reporting member after the investigation is completed and advise that member of the results of the investigation.
300
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 922 – Reporting of Criminal Offenses by Department Snitches

.07 CONFIDENTIALITY

A. Department members assigned to investigate criminal offenses committed by other Department members are advised the information is confidential and not to be discussed with anyone outside of the investigation.

B. Any violation of the confidentiality rule is a violation of Rules and Regulations and violators are subject to ________________.

.08 NON-RETALIATION

A. Neither the Department nor any Department member shall retaliate against another member for reporting a criminal offense committed by a Department member.

B. If a member reporting a criminal offense committed by another Department member feels he/she is being retaliated against, the member shall immediately notify the ___________.

A

disciplinary actions.

Integrity Detail or the Office of the Chief.

301
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 921 – Psychological Services (Shrink)

.01 INTRODUCTION

This procedure provides officers with an understanding of the psychological services available to individual officers and their families.

.02 DISCUSSION

The San Antonio Police Department recognizes the importance of the mental and emotional health of its employees.
It also recognizes the many stresses placed on officers by the job they perform and the toll those stresses take on the emotional and behavioral well-being of officers.
To help decrease the impact of excessive stress, the Department has a Psychological Services Office prepared to support the psychological needs of its officers and their families through __________, ___________, and ___________.

A

evaluation, counseling, and consultation.

302
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 921 – Psychological Services

.04 AVAILABLE PSYCHOLOGICAL SERVICES
A. Evaluations

  1. The Psychological Services Office provides psychological evaluations to officers of the Department and their immediate families.
  2. Voluntary evaluations may be conducted at the request of an officer or an officer’s immediate family.
    Voluntary evaluations include, but are not limited to, assessments of the following:
    a.
    b.
    c.
  3. Appointments for voluntary evaluations may be made by calling the Psychological Services Office at 207-2180.
  4. Non-mandatory evaluations may be requested by an officer’s supervisor when there is a noticeable change in an officer’s on-the-job performance.

Some of the factors that may be taken into consideration are as follows:

A
  • Voluntary* evaluations include, but are not limited to, assessments of the following:

a. An officer’s stress level;
b. An officer’s or family member’s non-job related emotional, cognitive, or behavioral functioning issue; and
c. An officer’s neuropsychological integrity following a head injury.

Non-mandatory evaluations may be requested by an officer’s supervisor, some of the factors that may be taken into consideration are as follows:

a. An increase in the use of sick leave;
b. An increase in the number of citizen complaints;
c. Frequently reporting late for work;
d. An increase in sarcastic or abusive remarks toward fellow officers;
e. Withdrawal from other officers;
f. A decline in personal appearance;
g. A decrease in impulse control;
h. A decrease in productivity; or
i. A decrease in the quality of an officer’s written reports.

303
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 921 – Psychological Services

.04 AVAILABLE PSYCHOLOGICAL SERVICES
A. Evaluations

  1. Mandatory evaluations may be ordered by the Chief of Police to determine an officer’s fitness for duty or emotional, cognitive, and/or behavioral suitability for police work. The evaluations may be for, but not limited to, any of the following incidents:
A

a. Any loss of life or serious bodily injury as a result of an officer’s actions;
b. Police involved shootings;
c. Fatality incidents;
d. Fatality crashes involving officers;
e. The death of an officer;
f. Officers involved in critical incidents;
g. Officers involved in family disturbance/violence incidents;
h. Substance abuse, or
i. Report/complaints of criminal wrongdoing; or
j. Report/complaints of significant behavioral infractions.

304
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 921 – Psychological Services

.04 AVAILABLE PSYCHOLOGICAL SERVICES

B. Counseling

  1. The Psychological Services Office provides psychological counseling services to officers of the Department and their families who are experiencing problems in any of the following areas (including but not limited to):
A

a. Substance abuse;
b. Depression;
c. Suicidal thoughts;
d. Physical problems related to stress;
e. Panic attacks;
f. Temper control problems;
g. Family conflicts;
h. Eating disorders; or
i. Smoking habits.

305
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 921 – Psychological Services

.04 AVAILABLE PSYCHOLOGICAL SERVICES

B. Counseling

  1. Requests for counseling may be made by self-referral, a family member, or an officer’s supervisor.
  2. Officers may be ordered to counseling by the Chief if the member is involved in a family disturbance/violence incident.

C. Consultations

  1. Any supervisory or command officer may consult with the Psychological Services Office on supervisory, operational, or organizational issues.
  2. Supervisory officers are encouraged to consult with a staff psychologist prior to counseling an officer due to noticeable changes in the officer’s behavior. The staff psychologist should be able to advise the supervisor regarding the importance of the officer’s behavioral changes, methods of approaching the officer, and the need for Psychological Services Office intervention.
  3. The Psychological Services Office provides consultation services to any unit concerned with the application of psychological knowledge to the development of organizational effectiveness. Included in the appropriate organizational issues for the Psychological Services Office are the following:
A

a. Validation of the assessment and selection process of personnel; and
b. The application of psychology in the investigative process.

306
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 921 – Psychological Services

.05 CONFIDENTIALITY OF PSYCHOLOGICAL SERVICES

A. All voluntary and non-mandatory evaluations and counseling are confidential information, unless _______________.

B. Mandatory evaluations and counseling are not considered confidential information.

The officer subjected to mandatory evaluation or counseling shall cooperate fully with the staff psychologist and understand the information discussed will be shared with the Office of the Chief.

A

the staff psychologist determines an immediate threat exists to an officer or other party (in such cases, the staff psychologist has a duty to intervene to save lives), or if required by law or subpoenaed by a Judge’s order.

307
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 918 – Discrimination, Harassment, Retaliation, Inappropriate Behavior, and Sexual Harassment in the Workplace (Me 2)

.01 INTRODUCTION

A. This procedure is intended to promote and maintain a ______ ________ _________ which affords officers the opportunity to perform their duties to the fullest potential, and to provide a process for reporting, investigating, and resolving complaints of discrimination, harassment, retaliation, inappropriate behavior, and/or sexual harassment.

B. The reporting, investigating, and resolving complaints of discrimination, harassment, retaliation, inappropriate behavior, and/or sexual harassment, involving civilian employees are handled in accordance with City Administrative Directive 4.67, Equal Employment Opportunity/Anti-Harassment.

.02 POLICY AGAINST HARASSMENT, DISCRIMINATION, RETALIATION, AND INAPPROPRIATE BEHAVIOR

The San Antonio Police Department strictly prohibits and will not tolerate any discrimination, harassment, retaliation, inappropriate behavior, and/or sexual harassment of any person.
The Department will take direct and immediate action to prevent and correct any such behavior involving instances of discrimination, harassment, retaliation, inappropriate behavior, or sexual harassment.

(If your not getting what you want or scared of a potential discipline action USE THIS PROCEDURE. You’re protected and THEY cannot stop your stupidity from happening!)
If this statement offended you, think 🤔 on it, why are YOU offended?
Have you done this? OR. 👉🏽 Do you know someone who has? 👈🏿

A

healthy working environment

What is a healthy working environment to you?

308
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 918 – (Me too) a.k.a. Discrimination, Harassment, Retaliation, Inappropriate Behavior, and Sexual Harassment in the Workplace

.04 PROHIBITED ACTIVITIES

A. Members (both sworn and civilian) of the Department shall not explicitly or implicitly ridicule, mock, deride, or belittle any person on the basis of sex, age, race, national origin, ancestry, citizenship, religion, disability, or sexual orientation, or gender identity/expression.

B. Members (both sworn and civilian) shall not make offensive or derogatory comments to any person, either directly or indirectly, based on sex, age, race, national origin, ancestry, citizenship, religion, disability, sexual orientation, or gender identity/expression.

C. Members (both sworn and civilian) shall not circulate written or graphic materials which ridicule, belittle, or embarrass any person on the basis of sex, age, race, national origin, ancestry, citizenship, religion, disability, sexual orientation, or gender identity/expression.

D. ________________ shall not engage in conduct that could be construed as inappropriate behavior, sexual harassment or any other significant behavioral infraction.

A

Members (both sworn and civilian)

1.06 DEFINITIONS OF TERMS: (General Manual Procedures – Section 200 Rules and Regulations Page 2 of 16)
👇🏻
👉🏽🖕🏼 “MEMBERS” 🖕🏼👈🏿 mean all employees of the San Antonio Police Department. 🤔

309
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 918 – (Me too) a.k.a. Discrimination, Harassment, Retaliation, Inappropriate Behavior, and Sexual Harassment in the Workplace

.05 OFFICERS’ RESPONSIBILITIES

A. Members (both sworn and civilian) are responsible for assisting in the prevention of discrimination, harassment, retaliation, inappropriate behavior, and/or sexual harassment of any person by:

A
  1. Refraining from participating in or encouraging any actions or statements that could be perceived as discrimination, harassment, retaliation, inappropriate behavior, and/or sexual harassment;
    (Members, both sworn and civilian, must HAVE E.S.P. / See into the future and read minds “that could be perceived,” — best to just avoid everyone who you think might do stupid)
  2. Reporting acts of discrimination, harassment, retaliation, inappropriate behavior, sexual harassment; and
  3. Encouraging any member (both sworn and civilian) who confides that he/she is being discriminated against, harassed, retaliated against, or subjected to inappropriate behavior or sexual harassment to report these acts.
310
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 918 – (Me too) a.k.a. Discrimination, Harassment, Retaliation, Inappropriate Behavior, and Sexual Harassment in the Workplace

.06 SUPERVISORY OFFICER RESPONSIBILITIES

A. Refraining from participation in or encouragement of actions that could be perceived as discrimination, harassment, retaliation, inappropriate behavior, and/or sexual harassment.

B. Ensuring the workplace has an atmosphere free from discrimination, harassment, retaliation, inappropriate behavior, and/or sexual harassment.

C. Taking immediate and appropriate remedial action whenever they observe, or are made aware of, any actions or conduct that may be interpreted as discrimination, harassment, retaliation, inappropriate behavior, and/or sexual harassment.

D. Immediately document any complaint or observed incident, noting the person(s) performing or participating in the discrimination, harassment, retaliation, inappropriate behavior, and/or sexual harassment, the dates on which it occurred, and any action taken to correct or address the offensive behavior.

E. Within ________ hours, submit all reports of discrimination, harassment, retaliation, inappropriate behavior, and/or sexual harassment which has generated a complaint or has been observed, to the ______________.

A

twenty-four (24) hours

Internal Affairs Unit

311
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 918 – (Me too) a.k.a. Discrimination, Harassment, Retaliation, Inappropriate Behavior, and Sexual Harassment in the Workplace

.07 REPORTING AND COMPLAINT PROCEDURE

A. The Department strongly urges any officer who believes he/she has been subjected to conduct (verbal or physical) prohibited by any part of this policy, or knows of any officer’s conduct that could be a violation of this policy, to report the matter immediately. Officers are assured there will not be any retaliation for making any report. Reports should be made as follows:
1.
2.

B. After a report or complaint has been received by a supervisory officer, the officer is responsible for complying with Subsections .06 C through E above, as well as for immediately taking all appropriate steps to prevent any further discrimination, harassment, retaliation, inappropriate behavior, and/or sexual harassment.

A report of prohibited conduct must be submitted to the Internal Affairs Unit by the supervisory officer within twenty-four (24) hours of the receipt of the complaint or her/his observance of the prohibited conduct, whichever is applicable.

C. The Internal Affairs Unit will commence the investigation of the complaint within twenty-four (24) hours of the receipt of the complaint. The investigation will also be conducted as confidentially as possible under the circumstances, consistent with the need to talk to potential witnesses, and to otherwise gather information.

D. If at any time a person believes inadequate action is being taken to resolve their complaint that person should bring this matter to the attention of the Internal Affairs Unit.
If other issues or other instances of prohibited conduct arise after the complaint, the person should immediately bring these to the attention of the Internal Affairs Unit.

E. At the conclusion of the investigation, the person will be advised of the Department’s determination.
If the investigation determines the evidence substantiates the complaint, the Department will promptly take additional appropriate remedial action, if necessary, and the complainant will be notified of the action to be taken by the Department.
Officers determined to have violated the policy will be dealt with severely and will be subject to disciplinary action up to and including termination.

F. If a person believes the investigation or the remedial action taken was insufficient, that person should promptly advise the Internal Affairs Unit and explain why the person believes it was insufficient and also advise it of any additional matters that should be considered so these matters may be addressed.

G. If violations of these policies continue despite the remedial action undertaken by the Department or if any retaliation should occur contrary to the Department’s policies, the persons affected should immediately report same to the Internal Affairs Unit.

A
  1. Immediately report the prohibited conduct to your immediate supervisor, unless the supervisor is a participant in the prohibited conduct.
  2. If the supervisor is a participant in the prohibited conduct, or if for any reason, you feel uncomfortable reporting the complaint to the immediate supervisor, the report should be made to the next level of supervision.
312
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 918 – (Me too) a.k.a. Discrimination, Harassment, Retaliation, Inappropriate Behavior, and Sexual Harassment in the Workplace

.08 NON-RETALIATION

The Department prohibits any retaliation against any person for making a complaint, report, charge of discrimination, harassment, retaliation, inappropriate behavior, sexual harassment, for testifying, assisting or otherwise participating in any manner in an investigation, proceeding or hearing regarding discrimination, harassment, retaliation, inappropriate behavior, and/or sexual harassment.
As noted above, the Department emphatically urges all violations of this procedure be reported ____________.

A

immediately

(If your not getting what you want or scared of a potential discipline action USE THIS PROCEDURE. You’re protected and THEY cannot stop your stupidity from happening!)
If this statement offended you, think 🤔 on it, why are YOU offended?
Have you done this? OR. 👉🏽 Do you know someone who has? 👈🏿

“prohibits any retaliation against”
THEY see any form of a complaint that the individual is lying as retaliation, EVEN if it is on VIDEO.

THEY will never find an accusation as “UNFOUNDED” (means the allegations reported did not occur.)

It will at least be found as “Inconclusive” (means the allegations could not be proved or disproved.)

313
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 303 – Disciplinary Procedures

.16 MISCONDUCT CASE FINDINGS

A. The first vote is directed towards determining a finding in the case. This finding is determined to be one of the
following:

A
  1. “Unfounded” means the allegations reported did not occur.
  2. “Inconclusive” means the allegations could not be proved or disproved.
  3. “Sustained” means the allegations reported are found to have occurred.
  4. “Justified” means the conduct complained of did occur, but was necessary and appropriate to accomplish a valid law enforcement objective.
314
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 918 – (Me too) a.k.a. Discrimination, Harassment, Retaliation, Inappropriate Behavior, and Sexual Harassment in the Workplace

.09 DISCIPLINARY ACTIONS

A. The San Antonio Police Department considers discrimination, harassment, retaliation, inappropriate behavior, and/or sexual harassment a serious form of employee misconduct. The Department shall take direct and immediate actions to prevent such behavior, and to remedy all reported instances of discrimination, harassment, retaliation, inappropriate behavior, and/or sexual harassment.

B. Officers who are found to have engaged in discrimination, harassment, retaliation, inappropriate behavior, and/or sexual harassment in violation of this policy will be subject to appropriate corrective action including, but not limited to, ______________.

C. Officers accused of discrimination, harassment, retaliation, inappropriate behavior, and/or sexual harassment may appeal in accordance with Department procedures when they disagree with the final disposition of a complaint.

A

discipline such as discharge.

Officers accused may appeal in accordance with Department procedures when they disagree with the final disposition of a complaint.

{no one will take a lawsuit against the accuser(s)}

315
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 918 – (Me too) a.k.a. Discrimination, Harassment, Retaliation, Inappropriate Behavior, and Sexual Harassment in the Workplace

.10 PREGNANCIES

A. The San Antonio Police Department is prohibited by law from requiring pregnant employees to be placed on limited or light duty assignment.
A pregnant officer may request assignment to limited duty as provided in GM Procedure 904, Limited Duty Assignments.
A pregnant civilian employee may request assignment to “light duty” as provided in City Administrative Directive 4.37.

B. A request from a pregnant employee for a limited duty assignment will be reviewed, and acted upon promptly on the same basis as a request for limited duty made by similarly-situated, non-pregnant employee.

C. An officer who feels she has been discriminated against due to her pregnancy, childbirth, or related medical conditions may complain verbally or in writing to the Executive Officer in the Office of the Chief and all such complaints will be promptly investigated as directed by the Chief.
A civilian employee who feels she has been discriminated against due to her pregnancy, childbirth, or related conditions may complain verbally or in writing to the City’s Equal Employment Opportunity Office, and all such complaints will be promptly investigated as directed by the Chief.

D. The San Antonio Police Department will make a good faith effort to investigate an employee’s complaint of discrimination due to her pregnancy.
A complainant will be notified of the findings, in writing, no later than ______ days after the date the complaint is received.

A

thirty (30) days

316
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 916 – Workers’ Compensation

.01 INTRODUCTION

A. The purpose of this procedure is to establish guidelines for documenting all Workers’ Compensation claims and the manner in which they are prepared.

____________ are responsible for an accurate completion of all documentation required for compliance with this procedure.

Additionally, all members have a duty to report claims as early as practical.

B. Sworn members affected under this procedure and requiring change of assignment status refer to GM Procedure 904, Limited Duty Assignment, for instructions.

A

Supervisors

317
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 916 – Workers’ Compensation

.02 DOCUMENTATION OF OCCUPATIONAL INJURY/DISEASE

A. Members who are disabled in any way due to an occupational injury/disease and, due to the impairment, are unable to perform any assigned duty will notify a supervisor of such occurrence as early as practical.

  1. Notification shall be made by the affected member, in writing, by _____________________ and shall contain time and date of occurrence, location, type of injury/disease, and witness (es).
  2. In the event the affected member is incapable of the required notification, the supervisor in charge at the time of the injury shall be responsible for submitting documentation of the incident.

B. A supervisor, upon receiving notification of a member’s complaint of occupational injury/disease, regardless of the severity of the complaint, shall complete the required form(s) in compliance with Workers’ Compensation mandates.

  1. The affected member’s immediate supervisor, if on-duty, shall complete the necessary documentation.
  2. In the event the affected member’s immediate supervisor is off-duty (i.e., relief day, vacation, sick, etc.), any supervisor assigned to the same unit completes the necessary documentation.

C. Complete documentation is required for each incident or occurrence of occupational injury/disease sustained by any member.

A

incident report with assignment number

318
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 916 – Workers’ Compensation

.03 PROCEDURAL GUIDELINES

A. Members requesting to be carried injured on-duty due to an occupational injury/disease are required to seek immediate treatment by a physician, if they have not done so already.

Before a member is carried injured on-duty, he is required to have a physician complete SAPD Form #172, Physician Authorization for On-Duty Injury Status, or the State Form #DWC073, Texas Workers’ Compensation Work Status Report.

The completed form is submitted to the _____________.

B. SAPD Form #172 or State Form #DWC073 is required for determining the status of personnel injured on-duty.
Each visit to a physician must be documented by an SAPD Form #172 or State Form #DWC073, in order to continue to verify an injured member’s status.

A

supervisor

319
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 916 – Workers’ Compensation

.03 PROCEDURAL GUIDELINES

C. The completed SAPD Form #172 or State Form #DWC073 is submitted to the member’s supervisor and the supervisor is responsible for forwarding the documentation to the Accounting and Personnel Office no later than the following business day.

D. For purposes of reporting an occupational injury/disease, a supervisor must complete the Supervisor Report of Injury or Illness Form, and forward the completed form to the Accounting and Personnel Office within forty-eight (48) hours of the occurrence through email:

SAPDAccountingInjuredOfficer@sanantonio.gov.

E. State Form #DWC-6, Employer’s Supplemental Report of Injury, is required to be completed by a supervisor in the following instances
1.
2.
3.

F. All completed documentation submitted must be typed and forwarded to the Accounting and Personnel Office within the specified time-frames in order to avoid penalties imposed by the Texas Workers’ Compensation Commission.

A
  1. Within forty-eight (48) hours of the time the injured member started losing time from work due to an occupational injury/disease, the form must be received in the Accounting and Personnel Office.
  2. If the initial State Form #DWC01 submitted for the injured member did not note loss of time from duty and time was subsequently lost due to the same occurrence, DWC06 is required for the member. This form must be submitted within forty-eight (48) hours of the time the injured member began losing time from work.
  3. Within forty-eight (48) hours of a member’s return to work from an occupational injury/disease, whether returning to limited duty or regular assignment, the State Form #DWC06 must be completed and received in the Accounting and Personnel Office. Members to be assigned to a limited duty assignment or returning to regular duty following a limited duty assignment must report to the Office of the Chief in accordance with GM Procedure 904, Limited Duty Assignment.
320
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 916 – Workers’ Compensation

.04 ROUTING OF REPORTS

A. Supervisors are required to e-mail or fax documentation related to the member’s claim of occupational injury/disease.
The supervisor collects the copies, time-stamps them, and places them in the member’s unit level field file.

B. Supervisors are responsible for ensuring submission of documentation, except for _________, is delivered to the Accounting and Personnel Office within the specified time-frame.
For purposes of this section, the documents are considered 🖕🏿“delivered to Accounting and Personnel Office”🖕🏻 when they have been received by the Accounting and Personnel Office within specified time-frame.

A

the incident report

321
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 915 – Family Assistance Program

.01 INTRODUCTION

This procedure informs officers of the existence of the Family Assistance Program and identifies the services that the Program provides to officers and their families.

.02 PURPOSE

A. The Family Assistance Program is designed to provide support and assistance to the families of _______________ who die, receive serious bodily injuries, or suffer catastrophic illnesses.

B. The Program also provides support and advice to family members upon the death of a _______.

A

active duty officers

retiree

322
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 915 – Family Assistance Program

.04 FAMILY ASSISTANCE OFFICERS

A. Family Assistance Officers are a group of officers appointed by the Chief of Police to administer the Family Assistance Program.

B. Family Assistance Officers are volunteers and their duties with the program are in addition to their regular duties.

C. Upon notification of an officer’s death, serious bodily injury, or catastrophic illness a Family Assistance Officer shall initiate the Family Assistance Program and provide the level of assistance that is prescribed in this procedure.

D. All aspects of San Antonio Police Department funerals are coordinated by the lead Family Assistance Officer assigned to the family by the ________________.

A

Office of the Chief

323
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 915 – Family Assistance Program

.05 SERVICES PROVIDED

A. Death of Active Duty Officer:

      1. 7.

B. Death of Retired Officer

  1. Assistance with contacting the Honor Guard to request the services provided for retirees; and
  2. Family counseling and advice, if requested.

C. Serious Bodily Injury (to include any incident in which an officer suffers a gunshot wound, regardless of severity), or Catastrophic Illness to Active Duty Officer

  1. Notification of next of kin;
  2. Transportation to hospital, if requested;
  3. Advise on benefits and workman’s compensation, if injured on-duty;
  4. Assistance with filing necessary paperwork to apply for eligible benefits; and
  5. Notification of the SAPD Chaplain.
A
  1. Notification of next of kin, if death occurs on-duty;
  2. Transportation to hospital for family members;
  3. Notification of the SAPD chaplain;
  4. Assistance in making funeral arrangements;
  5. Assistance in arranging immediate financial aid;
  6. Assistance in preparing necessary paperwork to apply for all eligible benefits; and
  7. Counseling for family members of officers killed in the line of duty.
324
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 915 – Family Assistance Program

.06 NOTIFICATION PROCESS

A. The Communications Unit supervisor shall notify the Family Assistance Program supervisor when:

  1. An on-duty officer is killed;
  2. Receives serious bodily injuries (to include any incident in which an officer suffers a gunshot wound, regardless of severity); or.
  3. Notified by any member that an off-duty officer has died, received serious bodily injuries, or suffers a catastrophic illness.

B. Any member learning of the death of a retired officer is asked to notify the Office of the Chief, who will notify the Family Assistance Program supervisor.

C. Any member having a need to contact a Family Assistance Officer should contact _________.

A

the Office of the Chief.

325
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 907 – Substitute Employment

.01 INTRODUCTION

This procedure establishes guidelines which officers follow when working for one another on a substitute basis.

.03 PROCEDURE

A. Substitute employment is permissible; provided:
1.
2.
3.

B. Substitute employment is performed only when approved by the Unit/Shift Director of the unit involved.

C. The responsibility of reporting for duty remains with the officer regularly scheduled, until such time as the substitute officer reports for duty.

D. The officer regularly scheduled to work is given credit for a full shift on the pay sheet. The substitute officer is credited for any overtime he accrues and is held responsible for the cases handled and the reports assigned to him.

E. A footnote on the pay sheet identifies the substitute officer.

F. Substitute employment is a mutual agreement between two (2) officers.

A
  1. Both officers involved are of the same rank;
  2. Both officers involved are engaged in the same type of activity or unit and on the same shift (i.e., Patrol, UEDI, Traffic, Narcotics, etc.); and
  3. Notification is given to the Unit/Shift Director of the unit involved at least twenty-four (24) hours in advance.
326
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.01 INTRODUCTION

A. This procedure outlines the Off-Duty Employment in City Facilities Program and is guidelines for officers who choose to work off-duty in city facilities.

B. This procedure also governs outside employment by officers and ensures the employment complies with departmental procedures, policies, rules and regulations.

C. Outside employment for ____________ is governed by Municipal Civil Service Rules of the City of San Antonio, Rule XXIV, Section 2, Outside Compensation and Outside Employment, and City Administrative Directive 4.47, Outside Employment.

A

non-sworn members

327
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.02 POLICY

A. Officers must remain aware that engaging in off-duty employment in city facilities or outside employment are privileges granted by the Chief of Police.
The Department maintains a vested interest in the personal business activities of each officer since an officer’s actions, judgment, performance and attitude, regardless of the officer’s duty status; reflect not only on the officer, but also on the Department and the City.

B. Officers are considered ____________ and are prohibited from accepting or engaging in outside employment which may conflict or interfere with their responsibilities to the Department or which may be considered detrimental to the professional law enforcement goal of the Department.

C. Officers are subject to be mobilized or recalled to duty at any time for emergencies or unusual occurrences; therefore, off-duty employment in city facilities or outside employment may not infringe on this obligation to be available to report to duty.

D. While engaging in off-duty employment in city facilities or outside employment, officers are subject to all applicable procedures, policies, rules, and regulations of the Department and the City.

E. The Chief of Police is the final approving authority and, with just cause, may deny, suspend, revoke, or restrict an officer’s off-duty employment in city facilities or outside employment privileges.

A

career employees

328
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.02 POLICY

F. Officers shall have available to them all of the necessary supplies and equipment to handle any situation that may arise while performing their off-duty or outside employment. This equipment should include, but is not limited to:

A
  1. A regulation or authorized uniform in accordance with Section .05.G, authorized weapon(s), radio, and handcuffs.
  2. A means of communicating with the dispatcher, such as a department-issued radio or cell phone.
    a. Officers are highly encouraged to check-in/out via radio with the dispatcher appropriate to their physical location.
    b. This will ensure proper identification by dispatchers should there be a need for additional police response.
  3. Documents necessary to handle arrests, such as use of force forms, property receipts, and misdemeanor citations.
  4. For those cases where an arrest is made while off-duty, the officer(s) shall immediately submit the report(s) to their supervisor.
329
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.04 OFF-DUTY EMPLOYMENT IN CITY FACILITIES

A. The Off-Duty Employment in City Facilities Program is administered by the Off-Duty Employment Detail and is designed to provide off-duty work for officers in the designated city facilities on a rotating basis.

B. Eligibility:

A
  1. All officers are eligible to participate in the Off-Duty Employment program, except:
    a. Probationary officers who have not completed the riding phase of their probationary period;
    b. Officers who are on suspension, sick leave, injured leave, or limited-duty assignments;
    c. Officers who are on administrative leave or assigned to administrative duty in accordance with GM Proc. 908, Mandatory Reassignment; and
    d. Officers who have separated and are on active military duty.
  2. Officers who are currently on suspension, sick leave, injured leave, limited-duty assignment or have separated and are active military, if offered an assignment, must advise the Off-Duty Employment Coordinator that they are not currently eligible for employment.
330
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.04 OFF-DUTY EMPLOYMENT IN CITY FACILITIES

C. Sign-Up:

  1. Officers wishing to work off-duty in city facilities must submit SAPD Form #93, Request to Work Off-Duty Employment in City Facilities, to the Off-Duty Employment Detail.
  2. It is the officer’s responsibility to keep current information on file with the Off-Duty Employment Detail through the use of SAPD Form #93 (i.e., phone numbers, duty assignment, relief days, etc.).

D. Personnel:

A
  1. The personnel assigned to work off-duty in city facilities are drawn from a data base of officers who have submitted SAPD Form #93.
  2. The number of officers assigned to any event at a designated city facility is an exclusive prerogative of the Chief of Police.
  3. Supervisors are assigned to events “as needed” taking into consideration span of control and the physical design of the city facility.
331
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.04 OFF-DUTY EMPLOYMENT IN CITY FACILITIES

E. Notification:

  1. An event coordinator or an officer of the Off-Duty Employment Detail will make personal contact and ensure confirmation with the officer who is being assigned to an event.
  2. Officers, who accept an assignment and later must cancel, must personally notify the Off-Duty Employment Detail, no later than 5 days prior to the assignment, unless there is an emergency circumstance.

F. Restrictions on Off-Duty Employment in City Facilities: 🤔

A
  1. Officers are not permitted to park vehicles at the designated city facilities unless parking has been opened to the general public.

Officers do not get to park for free at City Facilities unless free parking is available to the general public.

  1. Officers are to remain on post or assignment until properly relieved and/or until the Officer is authorized by the Off-Duty Employment Detail Coordinator to leave their assigned post.
  2. Officers are not permitted to purchase any item that may be for sale during any event while on assignment.
  3. Officers are not permitted to accept any form of gratuity while working or as a result of working at city facilities.
    This includes items that may be given free to the public.
  4. Officers are not permitted to bring any person to an event where the officer is assigned in order to gain free admission for that person.
  5. Officers will refrain from utilizing cell phones, laptops, and other electronic devices except for emergency circumstances and/or in accordance with the assignment or event they are assigned.
332
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.04 OFF-DUTY EMPLOYMENT IN CITY FACILITIES

G. Off-Duty Employment Detail Coordinators:

  1. Off-Duty Employment Detail Coordinators schedule officers, ensure officers are aware of the time to report for duty, arrange for replacement officers when necessary, give necessary instructions to officers and monitor the events.
  2. The Off-Duty Employment Detail Coordinators act as liaisons between officers working off-duty, the clients occupying the city facilities and the City’s Event Coordinators (not to be confused with Off-Duty Employment Detail Coordinator).
    City Event Coordinators are employees of the City and work for the director of the city facility.
    The City Event Coordinator acts as a liaison between the City and the client and is the ___________ on building policy.
  3. The Off-Duty Employment Detail Coordinators spot check scheduled events to ensure that assigned personnel are within established standards of appearance, the directives of this procedure are complied with and the event is properly supervised.
A

final authority

333
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.04 OFF-DUTY EMPLOYMENT IN CITY FACILITIES

H. Supervisory Responsibilities:

  1. Supervisors working off-duty in city facilities in a supervisory capacity:
A

a. Shall take and document corrective action(s), should they find an officer in violation of this procedure;
b. Shall submit a report to the Off-Duty Employment Detail should they encounter any personnel issues or if officers under their supervision are absent or tardy for their assignment;
c. Shall submit written reports in accordance with GM Proc. 303, Disciplinary Procedures, with copies to the Off-Duty Employment Detail when an incident occurs which may require disciplinary action.

334
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.04 OFF-DUTY EMPLOYMENT IN CITY FACILITIES

I. Compensation:

  1. Officers working off-duty employment in city facilities receive compensation in accordance with the Collective Bargaining Agreement.
  2. Compensation for work performed through the Off-Duty Employment Detail will appear on the regular payroll check.

J. Attendance Requirements:

  1. Officers committing to an assignment and failing to report for duty are carried as “unauthorized absence from duty.”
  2. Officers receiving assignments are responsible for reporting on time in a complete regulation uniform that adheres to the uniform dress code. Utility uniforms are not permitted.
    Bicycle uniforms are authorized for bike assignments only.
    Shorts are authorized for outside posts only.
    Traffic assignments require a traffic vest and if needed, a flashlight with an orange cone.
  3. Officers will not arrange for other officers to substitute for them.
  4. Officers will remain on post until relieved by the proper authority and/or until the Officer is authorized by the Off-Duty Employment Detail Coordinator to leave their assigned post.
  5. Officers not on post by the scheduled starting time are considered tardy.
  6. Officers who expect to be tardy will immediately notify the Off-Duty Employment Detail Coordinator or a supervisor assigned to the event.
    The officer shall be given up to thirty (30) minutes past the scheduled starting time of the assignment to arrive for duty.
  7. The Off-Duty Employment Detail Coordinator, or a supervisor assigned to an event, may replace an officer:
    a. After __________ minutes if the officer has not made notification to the Off-Duty Employment Coordinator or the supervisor assigned to the event; or
    b. After __________ minutes if the officer has made notification.
  8. Should the tardy officer report for duty after being replaced and an opening still exists, the officer may be permitted to work the event.
    If permitted to work, the tardy officer’s time starts when the officer reported for duty.
    The tardy officer will not be permitted to work once the post has been filled and there are no other positions available.
A

a. fifteen (15) minutes

b. thirty (30) minutes

335
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.04 OFF-DUTY EMPLOYMENT IN CITY FACILITIES

K. Suspensions From Off-Duty Employment Program:

  1. The following violations of Off-Duty Employment Detail procedures or policies are grounds for suspension from the Off-Duty Employment in City Facilities Program:
    a. b. c. d. e. f.
  2. The Off-Duty Employment Detail shall determine the length of any suspension.
  3. No suspension shall be imposed upon an officer prior to affording the officer an opportunity to refute an allegation that caused the officer’s suspension.
  4. Officers suspended from the Off-Duty Employment Program may appeal their suspension to the Chief of Staff.
    The decision of the Chief of Staff is either approved or disapproved by the Chief of Police and is final.
A

a. Failure to report for an assignment;
b. Tardiness - Second offense in a one (1) year period;
c. Recurring complaints for failure to remain on a post or for rudeness;
d. Failure to obey instruction or leaving a post without being properly relieved;
e. Continuous cancellations of assignments; and
f. Violation of any other procedure, policy, rule, or regulation while on assignment through the Off-Duty Employment Detail.

336
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.05 OUTSIDE EMPLOYMENT

A. Discussion

  1. Officers of the Department are perhaps the most conspicuous representatives of our City government.
    As a result their conduct is likely to be scrutinized more severely than others.
    Therefore, when working outside employment, officers shall avoid engaging in conduct which is, or may appear to be, censurable or that may bring reproach or discredit upon the officer or the Department.
  2. It is vital that the public never doubt when dealing with an officer, that the officer is performing a service and is not misusing or appearing to misuse their position for private purposes.
  3. Officers, while engaged in outside employment, shall conduct themselves as though they were on-duty and are subject to all departmental policies, procedures, rules and regulations.
    Officers should avoid the appearance of wrong doing or potential conflict of interest.

B. Referrals From Off-Duty Employment Detail

  1. Occasionally organizations, businesses and individuals contact the Off-Duty Employment Detail with a request to employ an off-duty officer to perform a police related function at a location within Bexar County other than the designated city facilities.
    The Off-Duty Employment Detail facilitates these requests by referring the jobs to officers as a service to assist citizens who may have security needs and to provide officers with outside employment.
    These hours are not added to the rotation system.
  2. The Off-Duty Employment Detail’s participation ends when the citizen’s information is given to an officer who accepts the job.
    That officer is responsible for contacting the citizen requesting the service.
    An Employment Permit is required to work all referrals.

C. Eligibility:

A
  1. All officers are eligible to participate in outside employment, except:
    a. Officers who have not completed their one (1) year probationary period;
    b. Officers who are on suspension, sick leave, injury leave or limited-duty assignment;
    c. Officers who are on administrative leave or assigned to administrative duty in accordance with GM Proc. 908, Mandatory Reassignment, will not be authorized to engage in off-duty or outside employment which requires the wearing of a police uniform or an extension of police service.
    d. Officers who have separated and are on active military duty.
  2. Officers having been on suspension, sick leave, injured leave or limited-duty assignment must complete one (1) regular tour of duty before being eligible to participate in outside employment.
337
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.05 OUTSIDE EMPLOYMENT

D. Employment Permit

  1. Officers who wish to engage in outside employment must first submit an Employment Permit in the SAPD Off- Duty Work Permit System.
    The SAPD Off-Duty Work Permit System may be accessed in SAPDWeb, then choose Databases/Systems, then SAPD. The system may also be accessed through www.sanantonio.gov, then Telecommuting (at the bottom of the page), then SAPD Off-Duty Work Permits. Forward all permits through the chain-of-command to the Chief of Staff.

a. Each Unit/Division Commander shall determine if the outside employment is permissible prior to approving the permit. Limitations or restrictions to the employment may be imposed by making a notation(s) at the bottom of the permit.
b. Permits that have been denied will have notes detailing the reason for the denial at the bottom of the permit. Officers will be notified of the denial via city e-mail.
2. An officer hired to coordinate the activities and duties of other officers for crowd control at events must state on the employment permit that the officer is coordinating the event. The officer may be required to submit a staffing plan for the event to the Off-Duty Employment Detail for approval.
3. Employment permits are kept on file in the SAPD Off-Duty Work Permit System for five (5) years and are accessible by any Supervisory Officer through the search commands in the system. Since an electronic record (to include a time and date stamps) is initiated with the first submission, Officers are no longer required to carry copies of approved permits on their person.
4. When an officer accepts outside employment without adequate time to have an employment permit processed through the chain-of-command, the officer may temporarily work the outside employment provided a Supervisory Officer holding the rank of Lieutenant or above or the Off-Duty Employment Detail Supervisor approves the outside employment in the SAPD Off-Duty Work Permit System.

This subsection does not apply to officers requesting to work a bar or club.

a. In case the SAPD Off-Duty Work Permit System is not functioning and an Officer needs to work a job right away, Officers may obtain e-mail approval from any Supervisory Officer holding the rank of Lieutenant or above.

The Officer must submit all pertinent information about the job to include location, name and type of business, employer information and name of person in charge, extension of police service in uniform or plain clothes, whether alcohol is being served, and type of work to be performed.

b. The submitting Officer must receive an approval e-mail from the Unit Commander before work can be performed.
c. It is the Officers responsibility to submit the work permit in the SAPD Off-Duty Work Permit System as soon as possible once the system is back on-line; the e-mail approval is only temporary and not a substitute for formally submitting a permit in the SAPD Off-Duty Work Permit System. For problems with the SAPD Off-Duty Work Permit System, call (210) 207-8888.

A
  1. When an SAPD Off-Duty employment permit is not approved, the officer may appeal by filing a typewritten statement detailing the reason for appeal through the chain-of-command to the Chief of Staff within seven (7) calendar days from the date of denial.
  2. All SAPD Off-Duty employment permits expire on **December 31st ** of each calendar year.

Officers must submit new employment permits each year prior to engaging in outside employment. The SAPD Work Permit System will allow Officers to renew permits without having to totally re-enter all of the information.
**The SAPD Work Permit System will allow Officers to re-new permits already entered into the system on December 1st.of each year. **
(Example: The SAPD Work Permit system is new and no permits have yet been entered; therefore, Officers cannot renew permits for 2015 until December 1st of 2014)

  1. Officers must submit new SAPD Off-Duty employment permits when any of the following occur:
    a. A change in the officer’s outside employment, including, but not limited to:
a change in the employer, 
location, 
job category, 
duties, 
pay, 
dates, or 
hours;

b. A change in the officer’s departmental status, including, but not limited to, a change in position, assignment, division, section, unit, or duty hours; or
c. A change which makes the information on the previously approved permit incorrect, misleading or obsolete.

  1. All SAPD Off-Duty employment permits marked “Extension of Police Service” are valid within Bexar County only with the exception of the limitation imposed by Section .05.G.1.e.(5) of this procedure in reference to bars/clubs, in most cases.
    No officer is permitted to engage in employment outside Bexar County with the exception of
    “Non-Extension of Police Service.”
    Exceptions will be handled on a case-by-case basis through the Office of the Chief of Police.
338
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.05 OUTSIDE EMPLOYMENT

E. Acceptable Forms of Outside Employment - Extension of Police Service

  1. Crowd control at public events.
    Depending on the type of event, age group, and number of persons attending the event, a supervisory officer(s) may be required to supervise the activities of other officers.
  2. Rendering security for any outside employer; provided:
A

a. An officer takes action only if a violation of the law has been or is about to be committed and the action is consistent with departmental policy;

b. The officer does not enforce private policies also known as “house rules.”
Private policies or “house rules”. refer to ; and internal rules and policies that govern consumers and patrons of the business or event as they concern the management and activities of consumers and patrons while at said businesses or event

c. Officers shall wear a regulation uniform for all outside employment.

Officers may be permitted to work in plain or soft/tactical clothes in limited circumstances provided sufficient written justification is provided in the drop-down text box explaining the plain or soft/tactical clothes duties.

Exceptions will be handled on a case-by-case basis through the Office of the Chief of Police.

339
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.05 OUTSIDE EMPLOYMENT

E. Acceptable Forms of Outside Employment - Extension of Police Service

  1. Traffic control; provided:
A

a. The officer’s actions should enhance motorist’s safety and not overly restrict the normal traffic flow;
b. The officer wears an issued safety vest or regulation reflective rainwear;
c. The officer uses traffic cones and/or flares to properly direct vehicle and pedestrian traffic; and
d. The officer, at night, uses a traffic wand or flashlight with wand attachment of sufficient brightness, so as to be highly visible.

340
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.05 OUTSIDE EMPLOYMENT

E. Acceptable Forms of Outside Employment - Extension of Police Service

  1. Motorized Escorts; provided:
A

a. The officer possesses a valid Texas driver’s license permitting the officer to drive a motorcycle if the escort is performed on a motorcycle;
b. The motorcycle/vehicle is properly registered, insured, inspected and in proper condition to allow the officer to perform the escort safely;
c. The officer obeys all state traffic laws and all city traffic ordinances;
d. The officer’s actions should enhance motorist’s safety and not overly restrict the normal traffic flow; and
e. The escort is confined to the limitations authorized in the SAPD Off-Duty employment permit.

Exceptions will be handled on a case-by-case basis through the Office of the Chief of Police.

341
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.05 OUTSIDE EMPLOYMENT

E. Acceptable Forms of Outside Employment - Extension of Police Service

  1. Preventing criminal offenses from occurring at any public or private place; provided:
A

a. The employment does not require the officer to perform any function which would not be expected of an on-duty officer.

342
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.05 OUTSIDE EMPLOYMENT

E. Acceptable Forms of Outside Employment - Extension of Police Service

  1. Supplying personal protection for citizens; provided:
A

a. The officer’s activity is in the best interest of the Department;
b. The citizen to whom the service is provided is not suspected of, connected with or involved in any activity that may bring discredit upon the officer or the Department;
c. The officer’s police powers or official position is not used to advance private interests nor does the officer’s involvement suggest departmental endorsement of any activity; and
d. An officer takes action only if a violation of the law has been, or is about to be committed, and the action is consistent with departmental policy.

Exceptions will be handled on a case-by-case basis through the Office of the Chief of Police.

  1. The examples listed in this subsection are not the only acceptable forms of outside employment - extension of police services, but serve *only as a guide for officers.
343
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.05 OUTSIDE EMPLOYMENT

F. Acceptable Forms of Outside Employment – Non-extension of Police Services

  1. Generally, officers are allowed to own, operate, or work in any place of business if the involvement, employment, activity, or enterprise is not in conflict, incompatible, or inconsistent with the policies of the Department or the official police duties of the officer.
  2. An officer, when engaged in outside employment, which is not an extension of police service, ____________________________.

Exceptions will be handled on a case-by-case basis through the Office of the Chief of Police.

A

does not wear a regulation uniform, use police credentials, or represent himself as an officer of the Department.

👉🏽👍👌👈🏿
🖕🏾🖕🏽🖕🖕🏼🖕🏻
👌

344
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.05 OUTSIDE EMPLOYMENT

G. Prohibited Forms of Outside Employment:

  1. Employment at any location subject to regulation by the Texas Alcoholic Beverage Commission where alcoholic beverages are consumed on the premises is prohibited.

**However, with the approval of the Chief of Police, the following (a through e) are exceptions to this prohibition:

A

a. Work in any capacity which does not directly or indirectly involve the handling, selling or serving of alcoholic beverages in restaurants, hotels, motels or facilities which are specifically designed for the presentation of participant or spectator sports, concerts, theatrical productions, or similar activities where the sale of alcoholic beverages are incidental to such activities.
The Office of the Chief shall be the final authority in determining if the sale of alcoholic beverages is incidental and whether or not it is a substantial part of a business.

b. Work in any capacity which does not directly or indirectly involve the handling, selling, or serving of alcoholic beverages in publicly owned facilities.
c. Work in any capacity which does not directly or indirectly involve the handling, selling, or serving of alcoholic beverages for which the officer donates their time and services to a bona fide charitable organization.
d. Work in any capacity which does not directly or indirectly involve the handling, selling, or serving of alcoholic beverages at an event where, because of its size, location, or other considerations. The Chief of Police determines that the work promotes the Department’s interest in public safety, enhances the collective welfare for public order, and the officer’s duties are substantially the same as those which would be performed if the officer was assigned on-duty.
e. Work in any capacity which does not directly or indirectly involve the handling, selling, or serving of alcoholic beverages at a privately-owned establishment, the primary business of which is the sale of alcoholic beverages. Restaurants whose kitchens close prior to their bars are considered such an establishment during the period when only their bars are open.

345
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.05 OUTSIDE EMPLOYMENT

G. Prohibited Forms of Outside Employment:

  1. Employment at any location subject to regulation by the Texas Alcoholic Beverage Commission where alcoholic beverages are consumed on the premises is prohibited.

**However, with the approval of the Chief of Police, in compliance to any authorized exceptions regarding the Examples of privately owned establishments to include, but are not limited to bars and clubs, the following requirements must be adhered to:

A

(1) Employment is limited to security functions outside the establishment
(example, in parking lots and at entrances).

Officers are authorized to provide a legitimate police function only and are not authorized to work the door of any establishment for the purpose of checking identification or enforcing house rules of any kind.

Officer(s) will not enter the establishment, except for emergency purposes.

(2) Officer(s) will take action only if a violation of the law has been or is about to be committed and the action is consistent with departmental policy.

(3) Officer(s) must provide written proof that the employer is insuring the officer against liability for their actions in furtherance of their employment at the establishment.
Officers must submit proof of insurance to the Office of the Chief in conjunction with their employment permit along with contact information for the insurer.

Officers must resubmit current proof of insurance prior to the expiration of the policy.

Officers are not permitted to work the establishment until the Office of the Chief has verified that the officer is insured and the permit has been approved by the Chief of Staff in the SAPD Off-Duty Work Permit System.
Section .05.D4 of this procedure does not apply to this section involving privately owned establishments.

“Proof of insurance” for this purpose means a Certificate of Insurance evidencing Commercial General Liability coverage, extending to actions of Independent Contractors, with a minimum limit of $1,000,000 per occurrence and $2,000,000 aggregate and a copy of an endorsement to the policy listing “The City of San Antonio” as an additional insured.

(4) An officer may not work at the establishment unless at least one other authorized officer is also working at the establishment.
(5) Officers electing to work a privately owned establishment (bar/club) are limited to working within the corporate limits of the City of San Antonio.

No officer will be permitted to work a bar/club outside the City limits.

346
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.05 OUTSIDE EMPLOYMENT

G. Prohibited Forms of Outside Employment:

  1. Employment at any location subject to regulation by the Texas Alcoholic Beverage Commission where alcoholic beverages are consumed on the premises is prohibited. see exceptions
  2. Employment by credit agencies for the purpose of investigating or collecting accounts or by a repossession agency, including repossession of automobiles and collection of bad debts;
  3. Employment which requires, as a criterion for employment, the officer to have access to police information files or records, facilities, equipment, or information systems and requires furnishing any of this information as a condition of employment, without specific authorization from the Chief of Police;
  4. Employment with or by a bondsman or bonding company;
  5. Employment which assists, in any manner, the case preparation for the defense in any criminal action or proceeding;
  6. Employment with or by any agency or in any business enterprise which investigates the domestic affairs of citizens for purposes of a civil nature or which may be controversial in nature;
  7. Employment with or by any enterprise, the subject of which is illegal or under investigation by any law enforcement agency;
A
  1. Employment in any job category, the subject of which the Chief of Police or the officer’s Division Commander determines, constitutes a conflict of interest;
  2. Employment in any job category under conditions where an officer confers a special advantage to a private interest at the expense of a public interest;
  3. Employment which may expose an officer of the Department to a substantial and unnecessary risk of injury as determined by the Chief of Police;
  4. Employment in any category of job or job location which requires an officer to wear a regulation uniform or represent themselves as an officer of the Department outside of Bexar County. Exceptions will be handled on a case-by-case basis through the Office of the Chief of Police;
  5. Employment that appears to physically or mentally exhaust the officer to the point that on-duty performance appears to be impaired;
  6. Employment that would require any special consideration is given to the scheduling of the officer’s regular duty hours;
  7. Employment in any other category of job or job location which may bring the Department or the officer into disrepute or for any event of a potentially compromising nature that could bring discredit upon the officer or Department, or impair the operation or efficiency of the Department; and
  8. Employment of any kind at an establishment that may be construed as sexually oriented/human display in nature or one that may bring reproach upon or impair the reputation of the Department or officer, as determined by the Chief of Police.
347
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.05 OUTSIDE EMPLOYMENT

H. Restrictions on Outside Employment

  1. The following restrictions limit the number of hours an officer may work outside employment, but does not apply to City overtime;

exceptions will be handled on a case-by-case basis through the Office of the Chief of Police:

A

a. In any seven (7) day period in which the officer performs forty (40) hours of regular duty, outside employment does not exceed twenty-four (24) hours;
b. In any seven (7) day period in which the officer does not perform any tour of regular duty, outside employment does not exceed sixty-four (64) hours;
c. In any twenty-four (24) hour period in which the officer works a regular tour of duty, outside employment does not exceed eight (8) hours; and
d. In any twenty-four (24) hour period in which the officer does not work a regular tour of duty, outside employment does not exceed fifteen (15) hours.
2. An officer engaged in outside employment, in uniform, does not perform any function which is not police related and not expected or required of an on-duty officer.
3. An officer engaged in outside employment does not perform any act which may bring the Department or officer into disrepute or impair the operation of the Department.
4. An officer engaged in outside employment with a company or organization that appears likely to be involved in a labor dispute such as a strike, picket or lockout, does not perform any act which infringes upon or interferes with the Department’s role of neutrality. The officer notifies the Office of the Chief in writing, through the chain of command, of any labor dispute.
5. An officer who enters into contract with an attorney or any person for the use of a department learned skill, such as expert testimony, does not use knowledge of police incident files or knowledge of a police incident gained from police employment in areas of civil litigation, nor suggest by their presence or otherwise that the officer, the Department or the City are party to or may appear to support one litigant over another in any civil proceedings.

8+8=16. 10+8=18. 24hr period without a tour of duty = 15 hours…..
who’s the genius fucking mathematician that figured this out?

But, city overtime hours doesn’t matter, you can get drunk fucking stupid tired and still work…. brilliant just fucking brilliant

348
Q

( fucking COURT you can work Fiesta and be stuck in court all day and be as tired as fuck and be in a drunken-like condition at work —

A

a GOOD supervisor would send you home and carry you as unable to work due to not being given an opportunity to get the required amount of sleep. Fuck THEM)

349
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.05 OUTSIDE EMPLOYMENT

Responsibilities

  1. Supervisory Officers
    a. Supervisors are responsible for reporting incidents of an officer’s _____________________ when the supervisor believes there is a correlation between the impairment and outside employment. (WHAT ABOUT COURT?)
    b. A supervisory officer engaged in outside employment maintains responsibility for the subordinate officers engaged in outside employment and on-duty subordinates under their immediate supervision until relieved by an on-duty supervisor.
A

impaired performance

350
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 905 – Off-Duty and Outside Employment

.05 OUTSIDE EMPLOYMENT

  1. Officers
    a. Officers engaged in outside employment wear a regulation uniform if expected to exercise police authority unless prior written approval to work in plain clothes is received through the Office of the Chief.
    b. An officer immediately reports in writing to the Chief of Police, through the chain-of-command any incident arising from or connected with, their outside employment which might adversely affect the Department or City.
    c. If an officer engaged in outside employment has a matter come to their attention that does not require a response from an on-duty officer or officers, the off-duty officer:
A

(1) Turns-in any reports and citations that they generate within 72 hours of the incident or when they return to their regular duty assignment, whichever occurs first.
The report shall be prepared in the AFR system.
Officers can either request the case number through information or create one using the CAD Mobile on site activity feature.
Once complete the Officer will submit the report through the AFR process so that it may be reviewed by their supervisor.

(2) Issues a Misdemeanor Citation in compliance with GM Proc. 505, Misdemeanor Citation Release, unless the officer is working outside of the San Antonio city limits.

d. If an officer engaged in outside employment has a matter come to their attention that requires a response from an on-duty officer or officers, the officer engaged in outside employment handles the situation according to departmental rules, regulations, policies and procedures until relieved by an on-duty officer.
e. If an officer engaged in outside employment makes a custodial arrest for an offense higher than a Class C misdemeanor, or a Class C misdemeanor that cannot be handled with a Misdemeanor Citation, and the arrest is made within the San Antonio city limits, the officer:
(1) Contacts the Communications Unit and requests the appropriate on-duty response.
(2) Completes the appropriate report(s), and form(s), as required, and any other necessary documentation. The report(s) shall be prepared in the AFR system by utilizing the computer of the on-duty officer. The officer can either request the case number through the Information Channel or create one using the CAD Mobile On-Site activity feature. Once the report is complete, the officer will submit the report to their assigned queue for approval by a supervisor, which will automatically occur based on their sign on.
(3) Should the AFR system not be working at the time of the arrest, the on-duty officer will hand write an offense or supplement report using an x-ray number; a CFS number, and an offense case number. The CFS number and the offense case number will be created when the on-duty officer presses the On-Site activity feature on the CAD. The CFS and offense number need to be placed above the x-ray number on the report.
(4) In all reports, the officer describes the actions they took and completes the ID verification form along with the arrest booking sheet. He also describes in their report the elements of the crime and the actions they took. The officer will then email a copy of their report, and any other electronic documents, to the on-duty officer so that they have them for any processing at the City Detention Center or County Jail. It is recommended that the officer also email a copy of the report to themselves so that it can later be saved to this thumb drive or network folder.

(5) The officer engaged in outside employment turns over any evidence or property seized to the on-duty officer, who places the evidence or property into the Property Room pursuant to GM Proc. 606, Impounding Property.
(6) The officer engaged in outside employment is responsible for notifying the appropriate follow-up unit pursuant to GM Proc. 708, Follow-Up Units.
f. If an officer makes an arrest outside of the San Antonio city limits, but within Bexar County, the officer:
(1) Contacts the Bexar County Sheriff’s Department or the municipal agency that has original jurisdiction, pursuant to Texas Code of Criminal Procedure section 14.03.
(2) Requests that the Bexar County Sheriff’s Department or the municipal agency that has original jurisdiction take custody of the prisoner, pursuant to Texas Code of Criminal Procedure section 14.03.
(3) In situations dealing with the arrest and transportation of prisoners and/or the handling of physical evidence, the officer will complete all appropriate reports and forms. An On-Duty officer will be requested to transport any prisoner(s) and/or evidence, in accordance with GM Proc. 601, Prisoners.
(4) Cooperates with any procedures and answers any questions that the Bexar County Sheriff’s Department or the municipal agency that has original jurisdiction may require in order to complete their investigation.
(5) Utilizing the AFR system, the officer will complete the appropriate report(s) and submit it when they return to their regular duty assignment, or within 24 hours (whichever occurs first), for review by their supervisor. Officers can either request the case number through the Information channel or create one using the CAD Mobile On-Site activity feature.
g. If the Bexar County Sheriff’s Department or the municipal agency that has original jurisdiction is unable or unwilling to transport the prisoner, the officer documents their attempt to obtain transportation from the Bexar County Sheriff’s Department or the municipal agency that has original jurisdiction and he requests an on-duty San Antonio Police officer to transport the prisoner. The prisoner is then processed pursuant to Subsection .05.I.2.e. of this section.
h. The officer engaged in outside employment submits any reports and citations generated within 72 hours of the incident (or within 24 hours if an arrest is made) or when they return to their regular duty assignment, whichever occurs first.
i. Supervisors will review all off-duty reports submitted for Report Reconciliation Accountability and for prosecution by the appropriate court.
j. If the officer engaged in outside employment believes that any compensation is necessary as a result of any action taken or losses suffered pursuant to their responsibilities under this procedure, they must only seek any compensation from their off-duty employer.
k. If statute requires a license(s), certificate(s), and/or permit(s) in order to engage in an occupation, business, or profession, the officer is required to obtain and maintain the necessary license(s), certificate(s) or permit(s) prior to engaging in the occupation, business, or profession.

351
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 904 – Limited Duty Assignments

.01 INTRODUCTION

A. This procedure establishes a process for the assignment to limited duty positions of officers who are unable to perform regular duty functions due to a temporary disability caused by an occupational injury, an occupational disease, or a non-occupational condition.

B. The process for assigning non-sworn members to light duty assignments will be in accordance with City Administrative Directive 4.37, Light Duty Program.

C. Officer injuries must be documented on SAPD Form #172, Physician’s Evaluation of Injury/Non-occupational Condition, or DWC Form-73, Texas Worker’s Compensation Work Status Report.
Occupational injuries and diseases can be reported on SAPD Form #172 or DWC Form-73.

Non-occupational injuries can only be reported on ___________.

D. Officers choosing to deliver documentation via other than hand delivery are responsible to ensure successful delivery of the documents.

A

SAPD Form #172

352
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 904 – Limited Duty Assignments

  1. POLICY

A. The San Antonio Police Department is committed to promoting and creating a safe workplace for members.
Preventing workplace injuries and assisting officers with recovery from illness or injury are primary goals.

B. The department will make every reasonable effort to provide suitable return-to-work opportunities for members who are unable to perform their regular job tasks and duties due to an occupational injury, an occupational disease, or a non-occupational condition.

C. Light duty assignments may include modifying a member’s regular job duties, hours, relief days; and may restrict a member from engaging in certain physical activity.

A

An appropriate light duty assignment combined with reasonable conditions contributes to an officer’s recovery by keeping an officer productive, socially involved, and in some instances offer an opportunity to learn a new skill.

353
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 904 – Limited Duty Assignments

.04 LIMITED DUTY ASSIGNMENTS

A. Officers who are temporarily unable to perform their regularly assigned duties due to an occupational injury, an occupational disease or a non-occupational condition are eligible for limited duty assignments as assigned by the Office of the Chief.

B. All officers temporarily unable to perform their regularly assigned duties due to an occupational injury, an occupational disease or a non-occupational condition must advise their treating physician that there are limited duty positions available within the San Antonio Police Department.

  1. A limited duty assignment is sedentary in nature and can include work activities such as answering phones, greeting customers, data entry, etc.

C. Officers who are medically cleared for limited duty by a treating physician or a designated doctor shall immediately call the Office of the Chief for instructions for placement on limited duty assignments.
In the event the officer is medically cleared for limited duty after normal business hours, 0745 – 1630 hours (Monday – Friday), the officer shall immediately call the Office of the Chief, the next business day.
1. If a physician indicates that an officer be placed on limited duty after normal business hours or during an extended City holiday period (Winter Break), the officer shall report to his regular duty assignment as scheduled, and shall be assigned to temporary, sedentary activities by an immediate supervisor until such time the Office of the Chief can assign the officer to a light duty assignment.

D. If an officer makes a supervisor aware that he has sustained or suffers from an occupational injury, occupational disease, or a non-occupational condition, the supervisor may require the officer to seek medical attention; a no cost option is available to the officer. If the supervisor feels that the officer’s condition may interfere with his/her ability to perform assigned duties, the officer will be ordered to seek medical attention and submit SAPD Form #172 or DWC Form-73.
The supervisor will document all cases where the officer is required to seek medical attention.
1. A finding that impairment exists due to an occupational injury, an occupational disease or a non-occupational condition must be made based upon objective clinical or laboratory findings and upon objective medical evidence that may be independently confirmable by a licensed medical or psychological practitioner, without reliance on the subjective symptoms perceived or being reported by an officer.

E. Limited duty assignments are made as available based upon date time of application, subject to the preferences set out in subsection .04, below.

The Office of the Chief determines limited duty assignments.

A

F. Limited duty assignments are made as available, subject to the following requirements:

  1. SAPD Form #172 or DWC Form-73 is required.
    It is the responsibility of the officer to inform a physician that the completion of this form is necessary, and that the form be submitted within the required time frame.
    If the officer’s personal physician is unwilling to complete SAPD Form #172 or DWC Form-73, a supervisor may order the officer to be evaluated by the City’s Occupational Health office or other qualified healthcare practitioner to determine the officer’s duty status.
    The form must indicate that the disabled officer is unable to perform his regularly assigned duties, but is able to perform in a limited duty assignment.
  2. The officer’s physical or mental condition is such as to allow for a satisfactory performance in a limited duty position.
  3. While on limited duty status, officers must follow and adhere to any conditions set forth or prescribed by their treating physician or a designated doctor which are documented in medical records or on SAPD Form #172/DWC Form-73.
  4. While on limited duty status, officers shall not participate in any physical exertion or activities, whether on or off duty, which may have the potential to aggravate or prolong the original injury or cause a new injury.
    a. Officers assigned to limited duty status because of occupational injury, an occupational disease, or a non- occupational condition, may not engage in any physical exercise or activity commonly known as “working out” which includes, but is not limited to: running, jogging, walking, lifting weights, using gym equipment, yoga, cross-fit, etc., at or away from a City facility while on duty; or any physical activity that would require an officer to “dress-out”.
    The exception is therapy that is ordered by an officer’s health care provider and when this therapy is conducted at a facility specially equipped and licensed in directing and/or supervising prescribed therapy.
  5. Once assigned to a limited duty position, duty hours and relief days are assigned by the unit director or detail supervisor.
    Night and weekend duty may be required.
    There is no guarantee that an officer will assume his regularly assigned shift or hours while on limited duty status.
  6. An officer who is assigned to a limited duty assignment is responsible for keeping scheduled medical appointments and submitting the necessary forms to the Office of the Chief.
  7. An officer on limited duty status is prohibited from engaging in any off-duty or outside employment, if such outside employment is an extension of providing a police service.
    If the outside employment is for non- extension of police services, the officer may not engage in off-duty employment if such employment activities have the potential to aggravate or prolong the original injury or caused the original injury.

a. The officer placed on limited duty will forward a copy of an officer’s SAPD Form #172 or
DWC Form-73 to the Off Duty Employment Office so that this office temporarily suspends the applicable off-duty employment permits while an officer is on a limited duty assignment.
Upon being released for full duty, the officer must ensure the permits are re-activated, unless they have expired.

  1. Officers on limited duty status must report for duty in approved civilian attire and are prohibited from wearing any regulation police uniform; or from operating or riding as a passenger in a marked police vehicle.
    Officers may not make the scene of a police incident while on limited duty status. Officers on limited duty status must remain in compliance with GM Procedure 309, Weapons.
  2. Officers on a limited duty assignment are subject to attendance requirements of the detail, unit, or section they are assigned to during their light duty assignment.
    There is no guarantee that previously scheduled leave will be honored, but will be considered by the detail, unit, or section commander.
  3. Officers on limited duty status are responsible for ensuring that they remain in compliance with necessary training and licensure requirements.
354
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 904 – Limited Duty Assignments

.05 PREFERENCES FOR LIMITED DUTY ASSIGNMENTS
A. Officers with occupational injuries or diseases are given preference in assignment to limited duty positions over
officers with non-occupational conditions.
B. When all limited duty positions are filled by officers with occupational injuries or diseases and additional officers with occupational injuries or disease request limited duty assignments, such officers are placed on a stand-by list until limited duty positions become available.
C. If a limited duty position is open and not needed for an officer who has an occupational injury or disease, the position may be filled by an officer with a non-occupational condition.
D. Should a limited duty position be filled by an officer who has a non-occupational condition, such officer will be displaced by an officer who has an occupational injury or disease and who qualifies for limited duty assignment.
1. The officer who is displaced is the officer with the non-occupational condition who has been most recently assigned to a limited duty position.
2. The displaced officer is assigned the next available limited duty position, but again may be subject to displacement by an officer with an occupational injury or disease.

.06 PREGNANCY
Officers who are pregnant shall be treated in the same manner as all other officers who have non-occupational conditions
in accordance with Subsection .03 of this procedure.

A

.07 EXTENDED LIMITED DUTY ASSIGNMENTS

A. A limited duty assignment is for a maximum of twelve (12) months from the date of the occupational injury, occupational disease, non-occupational condition, or the date the first distinct manifestation of the injury or disease occurred. The Chief of Police may extend this period if recovery appears imminent.
B. Any officer with a non-occupational injury/condition, upon being absent from their permanent assignment as a result of such injury/condition for a total of 18 work weeks which need not be consecutive, may be required by the Chief of Police to submit to a medical examination by a physician as designated by the City for confirmation of the reported injury/condition and to determine if the officer is permanently disabled to the point where the officer is unable to perform a bona fide occupational requirement. When it is determined that an officer is permanently disabled, the Chief shall be entitled to seek termination or initiate a medical retirement of the officer, whichever is applicable, in accordance with the Current Collective Bargaining Agreement (CBA), Article 22, Section 12, Subsection H.)

.08 RETURN TO REGULAR DUTY

A. An officer on limited duty assignment who has recovered from his occupational injury, occupational disease, or non- occupational condition and is released for full duty by a physician shall present SAPD Form #172 or DWC Form-73 to the Office of the Chief immediately during normal business hours, 0745 – 1630 hours (Monday – Friday), or if after normal business hours, shall do so immediately the next following business day. The form must be completed by a treating physician or designated doctor stating the officer may return to regular duty. The officer must submit the form to the Office of the Chief, electronically (SAPDInjuryNotification@sanantonio.gov), by fax, or by hand delivery. Officers shall not bin mail originals of completed SAPD Form #172 or DWC Form-73.
1. When a physician releases an officer to return to regular duty after normal business hours or during an extended City holiday period, the officer shall report to his regular duty assignment as scheduled, present a completed SAPD Form #172 or DWC Form-73 to a supervisor indicating he/she has been released to full duty. The officer shall be assigned to regular duties by any supervisor until such time the Office of the Chief can formally receive and process SAPD Form #172 or DWC Form-73.
a. The officer is responsible for immediately submitting SAPD Form #172 or DWC Form-73 to the Office of the Chief.
B. The Office of the Chief shall process the form and have the officer returned to his regularly assigned duties without loss of relief days or seniority.

355
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 904 – Limited Duty Assignments

.05 PREFERENCES FOR LIMITED DUTY ASSIGNMENTS

A. Officers with occupational injuries or diseases are given preference in assignment to limited duty positions over officers with non-occupational conditions.

B. When all limited duty positions are filled by officers with occupational injuries or diseases and additional officers with occupational injuries or disease request limited duty assignments, such officers are placed on a stand-by list until limited duty positions become available.

C. If a limited duty position is open and not needed for an officer who has an occupational injury or disease, the position may be filled by an officer with a non-occupational condition.

D. Should a limited duty position be filled by an officer who has a non-occupational condition, such officer will be displaced by an officer who has an occupational injury or disease and who qualifies for limited duty assignment.

A
  1. The officer who is displaced is the officer with the non-occupational condition who has been most recently assigned to a limited duty position.
  2. The displaced officer is assigned the next available limited duty position, but again may be subject to displacement by an officer with an occupational injury or disease.
356
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 904 – Limited Duty Assignments

.08 RETURN TO REGULAR DUTY

A. An officer on limited duty assignment who has recovered from his occupational injury, occupational disease, or non- occupational condition and is released for full duty by a physician shall present SAPD Form #172 or DWC Form-73 to the Office of the Chief immediately during normal business hours, 0745 – 1630 hours (Monday – Friday), or if after normal business hours, shall do so immediately the next following business day.
The form must be completed by a treating physician or designated doctor stating the officer may return to regular duty.

The officer must submit the form to the Office of the Chief, electronically
(SAPDInjuryNotification@sanantonio.gov),
by fax, or by hand delivery.

Officers shall not bin mail originals of completed SAPD Form #172 or DWC Form-73.

A
  1. When a physician releases an officer to return to regular duty after normal business hours or during an extended City holiday period, the officer shall report to his regular duty assignment as scheduled, present a completed SAPD Form #172 or DWC Form-73 to a supervisor indicating he/she has been released to full duty.

The officer shall be assigned to regular duties by any supervisor until such time the Office of the Chief can formally receive and process SAPD Form #172 or DWC Form-73.

 a.   The officer is responsible for immediately submitting SAPD Form #172 or DWC Form-73 to the Office of the Chief.

B. The Office of the Chief shall process the form and have the officer returned to his regularly assigned duties without loss of relief days or seniority.

357
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 306 – Officer Concern Program

INTRODUCTION
This procedure creates a program for identifying officers with a pattern of behavior which could signal potential problems which may prove detrimental to the officer and that may require ____________ departmental intervention efforts.

A

non-punitive

358
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 306 – Officer Concern Program

.03 OFFICER CONCERN PROGRAM

A. The Officer Concern Program identifies unacceptable behavioral traits in officers before those behavioral traits develop into disciplinary problems for the officer and the Department.

B. Once an officer with unacceptable behavior traits is identified, the officer may be referred to the Officer Concern Program for a review.

C. The ______ will conduct a review of the referred officer and, when appropriate, formulates a Plan of Action in an attempt to address the officer’s undesirable behavior.

A

Officer Concern Program Board

359
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 306 – Officer Concern Program
.04 REFERRALS TO OFFICER CONCERN PROGRAM

A. There are three (3) methods for referring officers who are identified as having unacceptable behavioral traits to the Officer Concern Program.

The three (3) methods for referrals are:

  1. Referrals by the Chief of Police:
    The Chief of Police has the prerogative to place an officer directly into the Officer Concern Program.
  2. Referrals by Supervisors:
    Immediate and intermediate supervisors may initiate a referral by submitting a written report through the chain of command to the respective Division Commander.

a. The report must detail the reasons why the supervisor has determined that the officer should be placed in the Officer Concern Program and must be supported by documentation, statements, etc. These referrals are especially important, since immediate and intermediate supervisors work closely with their subordinates and are more familiar with their work habits.
b. Referrals of officers to the Program may be for any unacceptable or undesirable behavioral traits.

  1. Computer-Generated Referrals:
    The _________ maintains a computer database on all complaints made against officers.

Referrals to the Officer Concern Program may be computer-generated by the number and type of complaints during any continuous eighteen (18) month period.

A

Internal Affairs Unit

360
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 306 – Officer Concern Program
.04 REFERRALS TO OFFICER CONCERN PROGRAM

  1. Referrals by Supervisors:
    Immediate and intermediate supervisors may initiate a referral by submitting a written report through the chain of command to the respective Division Commander.

a. The report must detail the reasons why the supervisor has determined that the officer should be placed in the Officer Concern Program and must be supported by documentation, statements, etc. These referrals are especially important, since immediate and intermediate supervisors work closely with their subordinates and are more familiar with their work habits.
b. Referrals of officers to the Program may be for any unacceptable or undesirable behavioral traits.

Some common reasons for referrals of officers to the Officer Concern Program include, but are not limited to, the following:

A

(1) Complaints of rudeness (internal and external complaints);
(2) Deterioration of work quality or quantity;
(3) Tardiness;
(4) Reasonable suspicion of substance abuse;
(5) Vehicle crashes;
(6) Poor performance evaluations;
(7) EEO complaints; and
(8) Tort cases against the City due to officer’s actions

361
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 306 – Officer Concern Program
.04 REFERRALS TO OFFICER CONCERN PROGRAM

  1. Computer-Generated Referrals: The Internal Affairs Unit maintains a computer database on all complaints made against officers. Referrals to the Officer Concern Program may be computer-generated by the number and type of complaints during any continuous eighteen (18) month period:
A

a. One (1) sustained formal complaint involving:

(1) Physical mistreatment of prisoners;
(2) Force;
(3) Family violence;
(4) Alcohol or drug abuse;
(5) An act resulting in the complainant being seriously injured;
(6) Racial/Biased Profiling;
(7) Insubordination; or
(8) Significant Behavioral Infraction

b. Three (3) complaints in any combination of the following:

(1) Formal complaints;
(2) Administrative reviews;
(3) Deactivated cases, based solely on complainant waiver.

c. One (1) criminal activity complaint supported by credible evidence or which results in an arrest, or formal charges by “indictment,” “information,” “complaint,” or other charging instrument.

d. Four (4) complaints comprised of any combination of formal or line complaints.
Complaints which are addressed through the chain of command are considered line complaints for the purpose of this procedure.

e. Three (3) chargeable city vehicle crashes within a eighteen (18) month period.

f. Any combination of four (4) driving-related complaints and/or chargeable city vehicle crashes within a eighteen (18) month period.
For example:

2 chargeable city vehicle crashes and 2 driving-related complaints or
1 chargeable city vehicle crashes and 3 driving-related complaints

Three (3) chargeable city vehicle crashes within a eighteen (18) month period is a REFERRAL TO OFFICER CONCERN PROGRAM

362
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 306 – Officer Concern Program

.05 OFFICER CONCERN PROGRAM BOARD

A. The Officer Concern Program Board, hereafter referred to as the Board, is comprised of seven (7) voting members appointed by the Chief of Police.

The members are of the following ranks:

  1. A Division Commander who serves as the chairperson;
  2. A Captain;
  3. A Lieutenant;
  4. A Sergeant;
  5. A Detective-Investigator; and
  6. Two (2) Police Officers.
A

B. Board members must have a minimum of five (5) years seniority with the Department and must not have incurred a suspension during the previous twelve (12) months.

C. Board members serve six (6) month terms.

D. All Board members shall sign a pledge of confidentiality.

E. Five (5) Board members must be present to conduct a hearing.

F. A non-voting Staff Psychologist will be appointed to the Board.

G. A non-voting specialist may also be appointed to the Board by the Board Chairperson.

363
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 306 – Officer Concern Program
.06 PRELIMINARY REVIEW PANEL

A. The Preliminary Review Panel is comprised of three (3) officers of any rank from the existing Board.

  1. Two (2) members are appointed by the Chief of Police.
  2. One (1) member is appointed by the San Antonio Police Officers’ Association.

B. Preliminary Review Panel members serve the same six (6) month terms as the existing Board members.

C. All three (3) Preliminary Review Panel members must be present to conduct a preliminary review of an officer case study.
The subject officer does not appear before the Preliminary Review Panel.

D. The Preliminary Review Panel will review the case studies prepared for officers who have become candidates for the Officer Concern Program to determine which cases should be reviewed by the entire Board.

E. The Preliminary Review Panel only reviews officer case studies where the recommendations for the majority of the complaints which caused the referrals are either unfounded for formal complaints or no disciplinary action for line complaints.

A

F. The Preliminary Review Panel will determine by majority vote whether or not to send the officer’s case study to the entire Board for review.

  1. The Preliminary Review Panel will notify the Board Chairperson of its decision in writing.
  2. Case studies not forwarded to the entire Board for review are returned to the Officer Concern Program Coordinator and will remain on file in that office.
  3. In cases not forwarded to the Board, an officer will again become a candidate for the program if an additional complaint is received within eighteen (18) months of the original complaint which caused the referral.
364
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 306 – Officer Concern Program
.07 OFFICER CONCERN PROGRAM PROCESS

A. Officer Notification

  1. The Officer Concern Program Coordinator notifies the officer, in writing, he/she is a candidate for the Officer Concern Program.
  2. The Officer Concern Program Board Chairperson notifies the officer as to the date and time his/her presence is required at a Board hearing.
    a. The officer’s presence at the Board hearing is mandatory; and

b. The officer may have a supervisory officer present, but the supervisor’s presence is
* optional and voluntary*.

A

B. Board Hearing

  1. The Officer Concern Program Coordinator briefs the Board on the officer case study.
  2. The officer candidate is allowed to participate in the Board hearing to provide additional information and to explain the behavior in question.
    The officer is then excused while the Board members deliberate.
  3. The Board members discuss the case and, by written secret ballot, make recommendations whether or not to enter the officer into the Officer Concern Program.
    a. If the majority vote is to enter the officer into the Officer Concern Program, the Board develops a “Plan of Action” to be recommended to the Chief of Police for his review and consideration.
    b. If the majority vote is not to enter the officer into the Officer Concern Program, any additional complaints within the eighteen (18) month cycle will cause the officer to become a candidate again. The eighteen (18) month cycle begins from the date of the complaint which caused the referral to the Officer Concern Program.
  4. If the officer is entered into the Officer Concern Program, the Board Chairperson meets with the Chief of Police to review the Board’s recommendation and Plan of Action.
  5. The Chief of Police may approve, modify, or reject the Plan of Action.
    a. If the Chief of Police approves or modifies the Plan of Action, a written order is issued to the officer.
    b. If the Chief of Police rejects the Board’s recommendation or Plan of Action, the officer’s status changes to potential candidate.
  6. If the Chief of Police approves the Plan of Action, a meeting is called by the Officer Concern Program Board Chairperson and includes the following persons:

a. Chairperson;
b. Officer (candidate);
c. The officer’s immediate supervisor;
d. The officer’s Division Commander;
e. A Board member holding the same rank as the officer; and
f. If temporary reassignment is part of the Plan of Action, the supervisor responsible for supervision of the officer during the temporary reassignment.

  1. At the meeting, the Board Chairperson explains the Plan of Action (written order) to all attendees.
    The Plan of Action is then signed by the officer and the Board Chairperson.
365
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 306 – Officer Concern Program
.07 OFFICER CONCERN PROGRAM PROCESS

.08 POST BOARD HEARING ACTIONS

A. The officer’s immediate supervisor monitors the officer’s progress while assigned to a Plan of Action and reports his findings to the Board Chairperson, the officer’s Captain, and the Officer Concern Program Coordinator on a weekly basis.
Should the officer be transferred to another unit or be placed under another supervisor, the initial supervisor responsible for monitoring the officer shall notify the Board Chairperson and the Officer Concern Program Coordinator and notify the officer’s new supervisor of the officer’s Plan of Action.
The new supervisor will then be responsible for monitoring the officer and reporting his findings as described above.

B. The Officer Concern Program Coordinator advises the Board Chairperson and the officer’s Captain of additional incidents which have generated complaints which occur during the officer’s assignment to a Plan of Action.

C. Based on the findings reported by the immediate supervisor and the Board Chairperson, the Board recommends to the Chief of Police whether the officer should be removed from the Officer Concern Program or needs further behavior modification.
(HAIL HITLER)

D. Any additional complaints resulting from incidents occurring after the completion of a Plan of Action within the eighteen (18) month cycle will cause the officer to become a candidate again.
The Officer Concern Program Coordinator will update the officer’s case study and it will be reviewed by the Preliminary Review Panel.

E. The eighteen (18) month cycle begins on the date that the officer completes the Plan of Action.

A

.09 OFFICER CONCERN PROGRAM ANNUAL EVALUATION

A. The Officer Concern Program Coordinator will complete an annual written evaluation of the Officer Concern Program to determine the Program’s effectiveness and to recommend any modifications which need to be made.
The annual evaluation will be presented to the Chief of Police, and at a minimum, will include the following:

  1. Number of officers referred to the Officer Concern Program during the calendar year;
  2. Most common method of referral;
  3. Most common remedial action taken; and
  4. The effectiveness of the Officer Concern Program.
366
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 307 – Public and Media Information

.01 INTRODUCTION

This procedure provides members of the Department with direction regarding the official dissemination of information to the public and media.

.02 DISCUSSION

A. Police activities, by their very nature, generate a great deal of public and media interest.
Major police incidents, such as officer-involved shootings, hostage incidents, major crimes, and large-scale operations significantly heighten levels of public exposure and scrutiny.

B. Police information has an extremely sensitive aspect which must balance two major concerns.
These concerns are the constitutional guarantees involving the rights to access by the public and the right of privacy belonging to each individual.

C. Mandates from The Texas Open Records Act and the Family Code bear upon the dissemination of information in that they stipulate certain information agencies Must divulge or Shall protect.

A

.03 POLICY

It is the policy of the San Antonio Police Department to establish and maintain an open and cooperative environment in which members of the media and public may obtain timely and accurate information on all matters of community interest in a manner which does not jeopardize police operations or the rights of citizens, complainants, witnesses, and persons in custody.

367
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 307 – Public and Media Information

.04 RESPONSIBILITIES

A. The ranking officer at the scene of an incident has the following responsibilities:

  1. Releasing to the media, as soon as practical, any factual information listed under Subsection .05A;
  2. Designating a press area;
  3. Allowing access to crime scenes as soon as practical;
  4. Protecting the interests of owners or agents on whose private property a crime scene exists; and
  5. Delegating the responsibility for the release of information under Subsection .05A.

Any officer may release information listed under Subsection .05A on a police incident which does not require the presence of a Supervisory Officer
(i.e., major accidents, fires, etc.)

The Police Media Services Detail has the responsibility to coordinate media activities involving the various official functions of the Department at scenes of major police incidents.

These responsibilities include the following:

A
  1. Limiting media personnel to those areas which will not interfere with operational functions and access to the location;
  2. Establishing and marking an information dissemination point or press area;
  3. Arranging interviews with appropriate personnel if and when feasible; and
  4. Preparing a written news release, if necessary.
368
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 307 – Public and Media Information
.05 RELEASE OF INFORMATION

A. Police Incidents Information

  1. The following information may be released regarding a police incident:

a. Location of the offense/incident;
b. Premises involved;
c. Time of occurrence;
d. A brief summary of the offense/incident;
e. Identification and description of a complainant (note exceptions in Section .06);
f. General description of a suspect
(note exceptions in Section .06);
g. General description and/or license number of a suspect’s vehicle may be released if it does not compromise the investigation;
h. General description of the property involved. Avoid descriptions which detail the evidence and which hinder the investigation; and/or
i. Identification of investigating officers, without compromising an undercover operation.

  1. The Officer delegated the responsibility of releasing information consults with a Supervisory Officer before releasing information not covered by this procedure.
  2. The release of information at major crime scenes or incidents is coordinated with the proper investigative unit to ensure crime scene integrity.

B. Internal Information

  1. Information regarding internal investigations is released through the Police Media Services Detail or a representative designated by the Chief of Police.
  2. Information regarding Uniform Crime Reporting (UCR) citywide statistics is released only through the Police Media Services Detail.
  3. Information regarding the interpretation of departmental policy or procedures is released through the Police Media Services Detail or a representative designated by the Chief of Police.
A

.06 INFORMATION NOT RELEASED
A. Police Incidents

  1. The following information in connection with police incidents is not released:
    a. The name of a complainant or victim who is deceased or seriously injured, until a surviving relative has been notified;
    b. The name of a complainant who has been involved in any type of sexual offense;
    c. The name of a suspect, until the suspect has been booked in a jail facility or formal charges have been filed;
    d. Identification and description of witnesses;
    e. The existence or contents of statements, oral admissions, or oral confessions made by a suspect or apprehended person;
    f. Personal opinions about the suspect and/or information on evidence;
    g. Statements concerning the testimony or the truthfulness of witnesses; and
    h. Photographs of any person who is a suspect or arrested person which are taken for purposes of investigatory or criminal history record information in an ongoing investigation.
  2. Any officer encountering a citizen or media representative who is not satisfied with the officer’s response to a request for non-releasable information should refer the citizen or media representative to the officer’s immediate supervisor.

B. Internal Information

  1. Requests from the public or media for release of the home address or phone number of any member of the Department are referred to the Police Media Services Detail.
  2. Any requests from outside the Department for release of information from departmental administrative or field files are referred to the Accounting and Personnel Office.
369
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons

.01 INTRODUCTION
This procedure provides officers with the guidelines necessary for the safe carrying and handling of approved firearms and intermediate weapons.
The procedure also sets guidelines for the types of authorized weapons, ammunition, and holsters officers may carry, and provides for the approval or non-approval of all authorized weapons.

.02 POLICY

A. Officers shall carry only approved weapons while on-duty or off-duty.
The only time firearms not approved by the Department may be carried is for the purpose of participating in sporting/leisure activities
(i.e., hunting, shooting competitions, etc.)

B. While on-duty, officers shall carry one primary handgun and if approved on SAPD Form #60-RCF, Request to Carry Firearm, may carry one concealed/secondary handgun.

No more than two handguns may be carried by
on-duty officers.

C. Off-duty officers choosing to carry a handgun approved on SAPD Form #60-RCF, Request to Carry Firearm, shall do so in accordance with this procedure.

D. Officers shall strictly abide by SAPD Rules and Regulations 3.31, DISPLAYING OR DISCHARGING FIREARMS.

E. Officers working inside a police facility may store their firearms in a secure area instead of carrying the firearms on their person

F. Officers are responsible for the safekeeping and appropriate use of their firearms and intermediate weapons.

G. All officers, when in uniform, shall carry at least one (1) approved intermediate weapon.

H. All officers having been issued an Electronic Control Devices (ECD) shall carry it when in uniform.

A

I. All officers having been issued a shoulder weapon shall carry it when on duty.

J. Officers must have their handguns, shoulder weapons and intermediate weapons registered with the Firearms Proficiency Control Officer (FPCO).

K. Officers seeking authorization to carry an intermediate weapon which they have not completed training with at the SAPD Training Academy must present a certificate of training from a department-approved organization which provided the training and demonstrate proficiency in the use of the intermediate weapon to the Training Academy Commander or his designee.

L. Department-issued rifles and shotguns are assigned to the duty station the officer works. Whenever an officer is promoted or transfers from their duty station, the City rifle or shotgun shall be returned to the Department armorer for an inventory check and inspection.
This does not include transfers when an officer stays at the same shift/assignment, but gets different relief days.
After the weapon is inventoried and inspected, the appropriate duty station will be contacted and advised the firearm is ready for re-issuance.

M. Suppressors (also called silencers) or any type of device attached to or part of the barrel of a firearm, which reduces the amount of noise generated by a firearm are 🚫 prohibited 🚫 from being used on all Department issued and personally-owned firearms, authorized to be carried, on or off duty by officers.
Any Unit needing to make use of a suppressor (as described above) must seek permission through their chain of command and have written approval from the Chief of Police or his designee prior to making use of such type of device.

370
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons

.05 FIREARM SAFETY RULES

A. Always treat firearms as if they are loaded.

B. Never let the muzzle of any firearm cover anything you are not willing to destroy.

C. Keep your finger off the trigger and outside the trigger guard until you are willing to shoot.

D. Be sure of your target and beyond.

E. Officers are responsible for the proper operation and safe handling of all firearms.

F. Firearms are not loaded or unloaded in any police facility except for maintenance, repair, cleaning, inspection, or processing as evidence by Crime Scene Unit investigators, or under the supervision of Training Academy Range Staff.

G. Loaded firearms, other than the officer’s primary handgun and concealed/secondary handgun, are not carried into or stored in any police facility.

H. Firearms are not left unsecured in a police facility, but are stored in a locked area not accessible to the public.

A

I. Officers, both on-duty and off-duty, must carry handguns in an approved holster while carrying the handguns on their person:

  1. Officers working in casual dress code or covert/undercover assignments, as well as off-duty officers, may carry handguns in a container such as a purse, briefcase, fanny pack, carrying bag, etc.
  2. Handguns carried in containers are not required to be in a holster when such containers are designed to secure the handgun in a manner which would prevent:
    a. The handgun from becoming readily accessible to unauthorized persons;
    b. Accidental discharges; and
    c. Exposure of the handgun to the public.

J. Officers working covert/undercover assignments may carry their handguns one primary handgun, either concealed on their person, or in such a manner which makes the handgun readily available and which is under the officer’s immediate control.

K. While in a police vehicle, a shoulder weapon is carried in the vehicle transport mode:

  1. A shotgun will be transported with chamber empty, action closed, safety on; magazine tube loaded and stored in an approved shoulder weapon case inside the trunk of the police vehicle or in the vehicle mounted weapon rack. The additional rounds will be stored on the stock pouch, side saddle, or in a “GO” bag.
  2. An AR-15 will be transported with chamber empty, bolt closed, safety on, magazine inserted and stored in an approved shoulder weapon case inside the trunk of the police vehicle, along with one additional 30 round magazine loaded with 28 rounds; or secured in a vehicle mounted weapon rack.
  3. Exigent circumstances involving officer and public safety may necessitate the need for an officer to have the shoulder weapon in the vehicle in other than the vehicle transport mode.

L. Shoulder weapons, when carried to and from a police facility, are carried in vehicle transport mode, in an approved shoulder weapons case.

371
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons
.06 GENERAL RULES FOR CARRYING FIREARMS: SWORN OFFICERS

A. Uniformed Officers:

Officers wearing the regulation uniform or the officer’s unit-specific uniform shall conform to the following:

  1. The Department-issued Smith and Wesson M and P40 handgun is the only approved primary handgun for uniformed officers to carry:
    a. The Smith and Wesson M and P40 handgun will be carried in an approved holster on the equipment belt.
    b. The Smith and Wesson M and P40 handgun will be carried with a round in the chamber and the magazine fully loaded.
    c. Two fully-loaded magazines will be carried in a magazine pouch on the equipment belt.
A
  1. Upon successful completion of an approved handgun mounted weaponlight course, officers may utilize the light-bearing version of the approved duty holster along with an approved handgun-mounted weaponlight in accordance with Section .08 of this procedure.
  2. If approved, one concealed/secondary handgun may also be carried in accordance Sections .05 and .08 of this procedure.
  3. If approved, the officer may carry one (1) patrol rifle and/or one (1) patrol shotgun in accordance with Sections .05 and .08 of this procedure.
  4. Officers assigned to the Special Operations Unit may receive approval from their Division Commander to carry another approved handgun as their primary handgun.
  5. Officers of the rank of Captain or above while wearing a garrison belt will carry in an approved holster either the City issued Smith and Wesson M and P40 handgun or an optional primary handgun, in accordance with Section .08 of this procedure.
372
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons
.06 GENERAL RULES FOR CARRYING FIREARMS: SWORN OFFICERS

B. Business/Relaxed Dress:
On-duty officers wearing business/relaxed apparel shall conform to the following:

  1. Officers shall carry one primary handgun.
    Officers are encouraged to carry their department issued Smith and Wesson M and P40 handgun.
  2. Officers carrying the Department issued Smith
    and Wesson M and P40 shall carry the handgun in an approved holster in accordance with Section .05 of this procedure.
  3. Officers carrying the Department issued Smith and Wesson M and P40 handgun shall also carry a sufficient amount of reserve ammunition to allow for the complete reloading of their primary handgun.
  4. If approved, officers may carry a handgun other than the Department issued Smith and Wesson M and P40 handgun as a primary handgun in accordance with Sections .05 and .08 of this procedure.

Additionally, officers approved to carry a handgun other than the Smith and Wesson M and P40 handgun as a primary handgun shall carry it in an approved holster in accordance with Section .08 of this procedure.

  1. If approved, one concealed/secondary handgun may also be carried in accordance with Sections .05 and .08 of this procedure
A

C. Casual Dress:
On-duty officers wearing casual dress apparel shall conform to the following:

  1. Officers shall carry one primary handgun concealed on their person;
    Officers are encouraged to carry their Department issued Smith and Wesson M and P40 handgun.
  2. Officers carrying the Department issued Smith and Wesson M and P40 handgun shall carry the handgun concealed on their person in an approved holster in accordance with Section .05 of this procedure.
  3. Officers carrying the Department issued Smith and Wesson M and P40 handgun shall also carry a sufficient amount of reserve ammunition to allow for the complete reloadingof their primary handgun.
  4. If approved, officers may carry a handgun other than the Department issued Smith and Wesson M and P40 handgun as a primary handgun in accordance with Sections .05 and .08 of this procedure.
    Additionally, officers approved to carry a handgun other than the Smith and Wesson M and P40 handgun, as a primary handgun, shall carry it in an approved holster in accordance with Section .08 of this procedure.
  5. Officers under this section may carry their primary weapon either *on their person *or in a container such as a *purse, briefcase, fanny pack, carrying bag, etc. in accordance with Section .05 of this procedure.
  6. If approved, one concealed/secondary handgun may also be carried in accordance with Sections .05 and .08 of this procedure.
373
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons
.06 GENERAL RULES FOR CARRYING FIREARMS: SWORN OFFICERS

D. Covert/Undercover Assignments: On-duty officers working in these assignments shall conform to the following:

  1. Officers shall carry one primary handgun, either concealed on their person, or in such a manner which makes the handgun readily available and which is under the officer’s immediate control.

Additionally, the handgun shall be carried in accordance with Section .05 of this procedure.

  1. Officers carrying an approved handgun other than the Department issued Smith and Wesson M and P40 handgun as their primary weapon shall do so in accordance with Section .08 of this procedure, and shall have prior written authorization though their chain of command, from the Office of the Chief of Police or his designee.
  2. Shoulder weapons, whether issued by the Department or personally owned, will only be carried by an officer who has received written approval from his chain of command, including his Division Commander and the FPCO.
  3. The Chief of Police or his designee (supervisory officer) may authorize, in writing, officers working undercover assignments to carry an authorized weapon in a manner other than in an approved holster or approved case.
  4. If approved, one concealed/secondary handgun may also be carried in accordance with Sections .05 and .08 of this procedure.
  5. The Unit/Shift Director or his designee (supervisory officer) may authorize officers working undercover assignments not to carry a firearm for a specific assignment which may place the officer in greater danger than being armed.
A

E. Off-Duty Officers:
Off-duty officers may carry approved handguns and are subject to the following requirements:

  1. The handgun(s) should be carried concealed in a safe and secure manner by officers while off-duty.

Additionally, the handgun shall be carried in accordance with Section .05 of this procedure.

  1. Officers who carry firearms while off-duty will be subject to the same policies, procedures, rules and regulations pertaining to officers while on-duty.
  2. Having a Handgun License (HL) does not relieve officers from complying with this procedure.
  3. Should officers choose to open carry while
    * off-duty*; they must also display their badge and use an approved weapon and holster in accordance with Subsection .02 of this procedure.
374
Q
San Antonio Police Department
GENERAL MANUAL
  Procedure 309 – Weapons
.07 GENERAL RULES FOR CARRYING FIREARMS:
**CIVILIAN / NON-SWORN MEMBERS**

A. Non-sworn members shall strictly adhere to COSA Administrative Directive 4.80, Violence in the Workplace.

A

B. In accordance with COSA Administrative Directive 4.80, Violence in the Workplace,
non-sworn members are not prohibited from handling weapons during the course and scope of their duties, when authorized by appropriate authority and in a work related capacity.

375
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons
.08 SPECIFICATIONS FOR APPROVED FIREARMS, AMMUNITION, AND HOLSTERS

A. The Training Academy Commander or his designee shall determine the types of firearms, ammunition, holsters, and shoulder weapon cases officers are approved to carry both on- and off-duty, subject to the approval of the Chief of Police.

B. Officers who choose to carry personally-owned handguns shall submit the handguns for approval.

Officers who submit handguns which are not approved by the FPCO may submit a written appeal to the Training Academy Commander requesting a review of the denial.
The decision of the Training Academy Commander shall be final.

C. The FPCO will approve officers to carry firearms only after the following conditions have been met:

  1. The firearm has been inspected and has been found to meet the type and caliber of firearm authorized by this procedure;
  2. The firearm has been found to function properly while being fired during the Department’s qualification course;
  3. The officer requesting to carry the firearm has passed the firearms shooting qualification course, along with any other necessary training courses required by the Department with the firearm; and
  4. SAPD Form #60-RCF, Request to Carry Firearm, has been completed and approved by all applicable personnel for all firearms other than the Department issued Smith and Wesson M and P40 handgun.

D. OPTIONAL HANDGUNS AS PRIMARY WEAPON: For a handgun under this section to be considered for approval, it must conform to the following:

  1. Only four (4) models of handguns will be considered as options for approval for on-duty officers to carry as a primary weapon:
    GLOCK Model 23/27,
    Smith and Wesson M and P40C, or
    Smith and Wesson M and P40 Shield;
  2. Must be chambered to fire the Department issued duty round;
  3. Must have a factory unaltered trigger press weight of not less than five (5) pounds;
  4. Both the slide and receiver must be black in color; and
  5. The handgun must not be equipped with a magazine drop safety.
  6. Officers approved to carry an optional handgun as a primary weapon while on-duty shall carry at least one extra fully-loaded magazine to allow for a complete re-load of the weapon.
  7. Officers approved to carry an optional handgun as a primary weapon must carry the handgun in a holster designed for the make and model of the firearm that provides at least one mechanical, retention device and makes the firearm readily available.
    Shoulder holsters must be in a vertical carry configuration.
  8. Officers approved to carry an optional handgun and as a primary weapon under this section shall carry the weapon in accordance with Section .05 of this procedure.
A

E. HANDGUNS FOR CONCEALED/SECONDARY OR COVERT/UNDERCOVER CARRY:

For a handgun to be considered for approval under this section, it must be either:

  1. A double-action revolver with a caliber designation not less than .38 caliber, nor more than .45 caliber, that holds at least five (5) rounds of ammunition; or
  2. A semi-automatic handgun with a caliber designation not less than .380 caliber, nor more than .45 caliber, with a minimum magazine capacity of five (5) rounds of ammunition.
  3. Officers approved to carry a handgun under this section must carry the handgun in a holster that is designed for the make and model of the firearm that provides at least one mechanical, retention device and makes the firearm readily available.
    Shoulder holsters must be a vertical carry configuration.
    Concealed holsters may consider the garment providing concealment as the retention device.
  4. Officers approved to carry a concealed/secondary weapon under this section shall carry the weapon in accordance with Section .05 of this procedure.

F. SHOULDER WEAPONS:
For a shoulder weapon to be considered for approval it must be, or have, as part of its associated equipment:

  1. A 12-gauge pump shotgun with a barrel length of 18 to 20 inches with a minimum five (5) round magazine tube and a manual-of-arms matching to the department-issued patrol shotgun. The weapon must have been produced and assembled by a reputable manufacturer.

a. The shotgun shall have a 1, 2, or 3 point sling.
b. The shotgun may have bead, rifle, or “Ghost Ring” sights permanently affixed to the weapon.
c. The shotgun may also have a non-magnifying optical sight in addition to the iron sights.
d. The shotgun may have a retractable stock, and/or pistol grip.
e. The officer must provide either a side-saddle, stock-pouch or like designed device affixed to the weapon that has the capability to hold any additional rounds issued for duty carry.
f. Any personally-owned shotgun shall conform to all specifications required by the Training Academy and must be inspected and approved by the FPCO and/or the Armorer prior to use.

  1. An AR-15 style rifle in 5.56 mm/.223 caliber only, with a barrel length of 16 to 20 inches (with or without flash suppressor), and manufactured by a reputable major manufacturer.
    This means the continuous barrel length (portion measured from the bolt face, with bolt closed, to the muzzle) must be a minimum of 16 inches.
    The barrel length excludes any device which is either permanently or temporarily affixed to the barrel, and:

a. Must have a metal receiver.
b. Must have a minimum of two-30 round magazines, each magazine shall be loaded with 28 rounds.
Each magazine shall have that number (28) marked with an indelible marker on the outside of each magazine.

c. May have a 1, 2, or 3 point sling.
d. Must have adjustable iron sights affixed to the receiver.
e. Optics –May have a non-magnifying optical sight in addition to the adjustable iron sights.

  1. Upon completion of an 8 hour proficiency course officers may utilize:

i. Magnifier – a magnifier is a magnification device that can be affixed to the patrol rifle behind the officer’s existing non-magnified red dot sight.
The magnifier cannot exceed five power (5x) of magnification.
The magnifier must be attached to the patrol rifle with a side flip mounting system. The patrol rifle must have functional iron sights affixed to the rifle at all times.

ii. Variable powered optic 1-4 – A variable powered optic is defined as: an optic that the power of magnification can be changed from no power, or non-magnified up to a higher power of magnification not to exceed four power (4x).
The tube body of the optic must measure at least 30mm in diameter.
It must be manufactured by a reputable manufacturer, designed for Law Enforcement use.
It must have an illuminated sight reference (ie Dot, chevron, crosshair).
It must have a reticle that remains visible with or without battery power.
The Officer should use a cover or flip up lens protection for his/her optic while in transport.
It must have a quick detach mounting system to attach the optic to the patrol rifle to allow for removal if necessary.
The patrol rifle must have functional iron sights affixed to the rifle at all times.

f. A quick detachable mount for the non-magnifying optical sight is optional, but preferable for electric powered optical sights.
g. Must have a factory unaltered trigger press weight of not less than 4 pounds.
h. May have a fixed or adjustable stock.
i. The officer must provide a magazine pouch, coupler, drop pouch, or like designed device that can hold at least one (1) 30 round magazine loaded with 28 rounds.
j. Shoulder weapons shall conform to all specifications required by the Training Academy and must be inspected and approved by the FPCO and/or the Armorer prior to use.
k. Officers must provide a shoulder weapon case that conforms to Section .08 of this procedure.

376
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons
.08 SPECIFICATIONS FOR APPROVED FIREARMS, AMMUNITION, AND HOLSTERS

G. AMMUNITION:
Officers shall carry only approved ammunition.

  1. Handguns:
    a. Officers shall carry and fire only Department issued duty ammunition in their Department issued handguns and/or in personally-owned optional handguns approved for use as a primary duty weapon under Section .08 of this procedure.

b. Non-department issued ammunition must be inspected, approved, and registered by the FPCO prior to an officer attempting to shoot any qualification courses with the ammunition or carry it on duty.
This applies to ammunition used for all personally-owned handguns.

c. Any additional ammunition officers choose to carry in emergency response equipment designed for primary weapons or shoulder weapons must be new, non-reloaded ammunition of the same manufacturer, brand, caliber, weight, and velocity as Department issued duty ammunition.
d. Officers are responsible for providing their own duty ammunition for all personally-owned handguns.

This includes the ammunition needed for the Department’s training and qualification courses.

  1. Shoulder Weapons Training:

a. Officers approved to carry shoulder weapons (Department issued and personally-owned) will be provided with Department issued training ammunition for the weapons when participating in Department-provided rifle/shotgun schools (40 hours) and rifle/shotgun in-service classes (8 hour re-qualification).
This includes ammunition for officers to carry in the weapons while on-duty.

  1. Shoulder Weapon Qualification and Duty Ammunition:
    a. Officers approved to carry Department issued shoulder weapons will be provided with the ammunition needed.
    b. Officers approved to carry personally-owned shoulder weapons will be provided with the ammunition needed.
    c. Any additional ammunition officers choose to carry in emergency response equipment designed for primary weapons or shoulder weapons must be new, non-reloaded ammunition of the same manufacturer, brand, caliber, weight, and velocity as Department issued duty ammunition.
A

H. HOLSTERS:
Holsters and cases shall be inspected and approved by the FPCO prior to being carried by officers.
For a holster to be considered for approval, it must be a holster that is designed for the make and model of the firearm that provides at least one mechanical, retention device, and makes the firearm readily available.
Shoulder holsters must be a vertical carry configuration.
Concealed holsters may consider the garment providing concealment as the retention device.

  1. Uniformed officers shall utilize the Safariland Model 6360 ALS Duty Holster to carry the S and W M and P40.
  2. Upon successful completion of an approved handgun mounted weaponlight course uniformed officers may utilize the light bearing version of the Safariland Model 6360 ALS Duty Holster to carry the Smith and Wesson M and P40 handgun.

I. SHOULDER WEAPONS CASES:
Cases shall be inspected and approved by the FPCO prior to being carried by officers.
For a case to be considered for approval, it must be a case that is designed for the make and model of the shoulder weapon that provides the ability to carry extra magazines and associated equipment, and makes the weapon readily available.

377
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons
.09 GENERAL INFORMATION FOR PERSONALLY-OWNED HANDGUNS OR SHOULDER WEAPONS

A. All personally-owned firearms, carried on or off-duty by officers, must be approved by the FPCO, and registered with the Department prior to the officer carrying the firearms.
Officers shall register personally-owned firearms with the FPCO or his designee by completing SAPD Form #60-RCF, Request to Carry Firearm.

B. Officers who sustain loss, theft, or damage to their personally-owned handguns, shoulder weapons, holsters, or shoulder weapon cases may receive reimbursement for the cost of replacement or repair in accordance with the current Collective Bargaining Agreement.

C. The Department will not provide officers with replacement handguns or shoulder weapons when personally-owned handguns or shoulder weapons are taken into custody for evidence, or when repairs or modifications are conducted.

D. The FPCO or his designee will check all firearms officers want to carry for stolen in the NCIC/TCIC files, and document the results on SAPD Form #60-RCF, Request to Carry Firearm, prior to approving and registering the firearms.

  1. Any firearms found to be stolen will be impounded into the Property Room.
  2. The FPCO (supervisor) or another supervisor will ensure the officer in possession of a stolen firearm writes a report indicating the circumstances of his possession of the firearm. The report will be forwarded to the officer’s division commander and the Office of the Chief.
  3. The FPCO (supervisor) or the supervisor notified of a stolen firearm will ensure an offense report is written regarding the stolen firearm.
    The original report will be routed to the Records Office and copies will be forwarded to the follow-up unit, the officer’s division commander, and the Office of the Chief.
A

.10 OBTAINING APPROVALS TO CARRY SHOULDER WEAPONS

A. Officers shall receive written approval on SAPD Form #60-RCF, Request to Carry Firearm, from their division commander prior to attending shoulder weapon training and carrying a shoulder weapon.

B. A Patrol Division Commander shall request officers for the Shoulder Weapon Program (Department-issued weapons) based on availability within a specific district or section.

C.   Upon written approval on Form #60-RCF, Request to Carry Firearm, from the FPCO, an officer may be approved to carry one (1) personally owned rifle and/or one (1) personally owned shotgun with the approval and registration by the Department for police use. 
Only one (1) shoulder weapon will be Department-issued.

D. Officers will be allowed to carry only approved shoulder weapons (Department-issued or personally-owned), while on-duty.

E. Officers shall carry shoulder weapons in accordance with the guidelines listed in their SOP, as well as this procedure.

378
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons
.11 PREPARATION, HANDLING, AND DEPLOYMENT OF HANDGUNS AND SHOULDER WEAPONS

A. Preparations, handling, and deployment instructions for all authorized weapons shall be incorporated into the firearms training courses established by the Training Academy Commander and/or the Special Operations Unit staff.
Division Commanders who authorize the carrying of shoulder weapons shall ensure preparations, handling, and deployment guidelines for these weapons are included into their SOP manuals.

B. The Department issued Smith and Wesson M and P40 handgun handgun and other semi-automatic handguns are carried with a live round in the chamber and all magazines fully loaded.

C. Revolver handguns shall be carried with a live round in each chamber of the cylinder.
Revolvers shall not be carried in the cocked position.

A

.12 LESS LETHAL MUNITIONS

A. Less lethal munitions are extended range impact projectiles designed to safely incapacitate potentially dangerous person(s) from a distance that minimizes the danger to agents and citizens.
Projectiles are fired or launched for the purpose of causing blunt trauma, which is used to encourage compliance and overcome resistance with a reduced likelihood of causing death. The department authorizes the use of approved 12-gauge, 40 mm, and 37 mm less lethal devices

B. Prior to firing less lethal rounds from either a 12-gauge shotgun or 37mm launcher, officers shall:

  1. Unload all ammunition from the weapon;
  2. Visually and manually inspect the breech and magazine or cylinder of the weapon to ensure that all ammunition has been removed from the weapon;
  3. Load the less lethal munitions into the weapon, visually inspecting each round prior to insertion, ensuring that the ammunition which is being loaded is the correct less lethal munitions; and
  4. Whenever possible, a second officer shall observe and verify all stages of the unloading of the weapon and the loading of all less lethal munitions.

C. When deploying less lethal munitions, the preferred target areas are the arms, shoulders, thighs, knees, or shins of the subject.
The operator should not intentionally target the head/neck, thorax, heart, groin, or spine of the subject.

379
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons
.13 FIREARMS QUALIFICATION AND REGISTRATION OF FIREARMS

A. The Texas Commission on Law Enforcement (TCOLE) mandates certified Texas peace officers qualify with all firearms they carry, either on or off-duty, at least once every calendar year.

B. HANDGUNS: Qualifying with a Department issued Smith and Wesson M and P40 handgun, and personally-owned handguns:

  1. All officers must qualify each calendar year with their assigned Department issued Smith and Wesson M and P40 handgun. All officers shall qualify wearing the Sam Browne duty belt which conforms to the regulation uniform code when qualifying with their duty handgun.
  2. Officers wanting to qualify with a handgun, other than their Department issued Smith and Wesson M and P40 handgun must have the handgun, holster, and ammunition approved in accordance with Section .08 of this procedure.
  3. To qualify with handguns, officers must score a minimum of seventy percent (70%) on the Department’s established course of fire as administered and scored by the FPCO or his designee.
  4. Officers are afforded two (2) attempts on a given day at qualifying with the Department issued Smith and Wesson M and P40 handgun on the day and time of an officer’s scheduled Departmental in-service qualification period, or at such other time as scheduled by the FPCO.
  5. Officers are afforded two (2) attempts on a given day at qualifying with personally-owned handguns. Personally-owned handgun qualifications will be scheduled according to the dates and times established by the FPCO or his designee.
A

C. Failure to Qualify with a Department Issued Handgun:
1. In addition to not scoring a minimum of seventy percent (70%) on the established course of fire, unsafe behavior or failure to demonstrate the proper functioning or handling of a handgun are also grounds for failure to qualify.

  1. Officers who fail to qualify during their scheduled departmental in-service qualification period or who do not qualify during a calendar year with a Department issued S and W M and P40 handgun will:a. Surrender their Department issued handgun to the FPCO;
    b. Surrender their Department issued shoulder weapon to the FPCO, if assigned to a Department Shoulder Weapon Program. The officer will be removed from the Department Shoulder Weapon Program until further notice by a Patrol Division commander;
    c. Not be allowed to qualify with any other firearm until they have qualified with their Department issued handgun; and
    d. Not be allowed to carry any firearm, on- or off-duty.
  2. The FPCO shall immediately notify the Training Academy Commander when an officer fails to qualify after two attempts with his Department issued handgun
  3. Officers failing to qualify are prohibited from wearing the police uniform or working off-duty employment in city facilities or outside employment, which requires an extension of police services, until they qualify.
  4. When scheduled, the officer will be given two (2) new attempts to qualify and must score a minimum of seventy percent (70%) on the Department’s established course of fire as administered and scored by the FPCO. The FPCO shall immediately notify the Training Academy Commander when an officer fails to qualify after the fourth attempt.
  5. In the event an officer fails to qualify after the fourth attempt, the Training Academy Commander contacts the Office of the Chief of Police to place the officer on special assignment to the Training Academy. The officer will attend a sixteen (16) hour firearm remediation course at the Training Academy.
  6. Upon completion of the firearms remediation course, officers are given two (2) final attempts to qualify and must score a minimum of seventy percent (70%) on the Department’s established course of fire as administered and scored by the FPCO.
  7. Officers who qualify on one of their two (2) final attempts are released from special assignment and returned to their assigned units. The officer will resume his police duties and may resume working off-duty employment in city facilities and outside employment. All officers who are assigned to the remediation course shall be required to attend quarterly remedial firearms training.
  8. Officers who fail to qualify on their final attempts are retained on special assignment, with a recommendation for termination sent to the Chief of Police.

D. Failure to Qualify with Personally-Owned Handguns

  1. Officers who fail to qualify after the second attempt on a given day will not be approved to carry the handgun.
  2. Additional attempts to qualify may be scheduled with the officer by the FPCO or his designee.
380
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons
.13 FIREARMS QUALIFICATION AND REGISTRATION OF FIREARMS

E. SHOULDER WEAPONS:
Qualifications to carry a Shoulder Weapon

  1. The Training Academy Commander shall post on the SAPD Intranet (S.A.M. Resources, Training Academy On-Line Registration) the dates and times when shoulder weapon training courses will occur.
  2. Division commanders who have approved officers to attend shoulder weapon training will schedule their officers for shoulder weapon training and provide the FPCO with the original SAPD Form #60-RCF, Request to Carry Firearm.
  3. Officers shall pass the Basic Patrol Rifle Course or the Basic Patrol Shotgun Course administered and scored by the FPCO or his designee prior to being approved to carry a shoulder weapon. The FPCO, his designee and/or the Certified Firearms Instructor assigned to the Special Operations Unit will issue the officer written notification on SAPD Form #60-RCF, Request to Carry Firearm, advising the officer if he is authorized to carry a shoulder weapon.
  4. Officers shall qualify annually with all Department issued and/or personally-owned shoulder weapons as mandated by TCOLE.
  5. All officers assigned to a Department Shoulder Weapon Program shall be required to qualify with the Department issued Smith and Wesson M and P40 handgun. The qualification score shall be based on the annual in-service qualification course of fire. Additionally, all officers will be required to fire a qualification course of fire on the first day of the designated rifleman/shotgun 40 hour school. Those officers, who fail to qualify will not be permitted to participate in the school and will be returned to their duty assignment.
  6. Shoulder weapon qualification criteria for officers assigned to the SWAT Detail shall be determined by the Certified Firearms Instructor assigned to the Special Operations Unit, with approval from the FPCO and the Commander of the Tactical Support Division.
A

F. Failure to Qualify with a Shoulder Weapon

  1. Officers failing to qualify on any Departmental qualification courses with a shoulder weapon after two (2) attempts shall not be authorized to carry a shoulder weapon. The FPCO will issue the officer and their supervisor a written notification on SAPD Form #60-RCF, Request to Carry Firearm, advising the officer he is not authorized to carry a shoulder weapon.
  2. The officer’s division commander will be notified by the FPCO when an officer fails to qualify after two (2) attempts with a shoulder weapon.
  3. Officers failing to qualify with a shoulder weapon shall surrender their Department issued shoulder weapon to the FPCO. The officer will be removed from the Department Shoulder Weapon Program until further notice by a Patrol Division commander.
  4. With approval from the officer’s division commander, the FPCO may reschedule a final qualification attempt for officers who have failed shoulder weapon qualification.

G. Approval/ Denial and Registration of Firearms

  1. Upon successful completion of the Department’s established Firearms Qualification Courses with a handgun or shoulder weapon, the FPCO will register the firearm(s) with the Department in the following manner:
    a. Complete SAPD Form #60-RCF, Request to Carry Firearm, indicating approval or denial for the officer to carry the handgun(s) and/or shoulder weapon. The FPCO or his designee and the officer requesting approval, shall sign SAPD Form #60-RCF, Request to Carry Firearm, indicating knowledge of approval or denial of the request;
    b. The FPCO or his designee will give the officer a completed copy of SAPD Form #60-RCF, Request to Carry Firearm;
    c. The officer will route a copy of the completed SAPD Form #60-RCF, Request to Carry Firearm, through his chain of command to his division commander. The officer’s unit/shift director shall file a copy of the form in the officer’s field file; and
    d. The FPCO shall maintain and file the original SAPD Form #60-RCF, Request to Carry Firearm, and shall register the information on the firearm(s) in the police firearms computer program.
  2. Officers who no longer choose to have a personally-owned weapon registered with the Department will submit a written report to the FPCO requesting the handgun, rifle, or shotgun be removed from the officers’ approval list. Officers will also route a copy of the report through their chain of command.
381
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons
.14 MAINTENANCE, REPAIRS, AND MODIFICATIONS OF FIREARMS

A. Only the Department Armorer, the Academy assigned FPCO, or certified range staff will conduct repairs, modifications, or change parts to department-issued firearms.

B. Officers who desire to have any modifications or to change any parts to a firearm shall make a request in writing to the FPCO who shall have the final decision regarding modifications and the changing of parts to firearms.

C. The Department will not be responsible for making repairs to personally-owned firearms, and will not reimburse officers for the cost of repairs or maintenance of personally-owned firearms.

A

D. In the event a personally-owned firearm becomes damaged or inoperative, the officer may opt to have a non- department armorer repair the firearm at his own expense. This repair must be reported to the FPCO in writing. The FPCO or his designee will inspect the firearm after the repair and prior to the officer carrying the firearm.

E. Upon discovering unauthorized repairs, modifications, or parts to any Department-issued firearm, the FPCO notifies another Firearms Range staff member in order to verify the unauthorized repairs, modifications or parts, and;

  1. If the firearm is a Department-issued firearm, the Armorer, the FPCO, or his designee makes the required repairs or changes so the firearm meets Departmental specifications; or
  2. If the firearm is a personally-owned firearm, the Academy assigned FPCO or Academy assigned range staff shall document the incident on SAPD Form #60-RCF, Request to Carry Firearm, and advise the officer the firearm is not approved to be carried by the officer for police use; and
  3. The FPCO will submit a written report to the Training Academy Commander detailing the unauthorized repairs, modifications, or parts. The Training Academy Commander shall notify the officer’s division commander for possible disciplinary action against the officer. All disciplinary action shall be handled in accordance with GM Proc. 303, Disciplinary Procedures.
382
Q
San Antonio Police Department
GENERAL MANUAL
  Procedure 309 – Weapons
.15 RESPONSIBILITIES
A. Training Academy Commander:
   1. Is the custodian of the departmental weapon ranges and establishes safety rules for these ranges and other weapon ranges utilized by the Department.
   2. Ensures training and qualification courses are established and documented for authorized weapons.
   3. Appoints the FPCO and his designees.
   4. Notifies the Office of the Chief of Police, the Internal Affairs Unit, and the officer's division commander when:    a. An officer fails to qualify with their Department issued handgun; and    b. An officer’s qualification is about to expire or has expired due to a lapse of time.
A

B. Firearms Proficiency Control Officer:

 1. Is in charge of the departmental weapon ranges during firearm exercises;
 2. Ensures all persons on the weapon ranges adhere to the range safety rules;
 3. Inspects, approves, and documents all firearms, holsters, ammunition, and shoulder weapon cases officers are authorized to carry, both on- and off-duty, for police use;
 4. Makes repairs, modifications, and changes parts on Department-issued firearms.
 5. Establishes and maintains all firearms training, and records officers’ training and the information on officers’ weapons into the Police Firearms computer program;
 6. The FPCO or his designee administers and scores the firearms qualification process for all officers; and
 7. Notifies the Training Academy Commander in writing when;    a. An officer fails to qualify with their Department-issued handgun;    b. An officer’s qualification is about to expire or has expired due to a lapse of time; and    c. An officer has made unauthorized repairs, modifications, or has changed parts on an authorized weapon.

C. Armorer

 1. Maintains the Armory and Supply Office and issues authorized supplies when needed.
 2. Makes repairs, modifications, and changes parts on Department issued firearms.
 3. When OC spray/gel canisters, or an ECD or related equipment are returned to the Armory by officers, the Armorer replaces the equipment and completes the appropriate section of SAPD Form 62-RFI, Receipt for Issue/Replacement OC Spray/Gel and/or ECD. The Armorer forwards a copy of the form to the Internal Affairs Unit.
383
Q
San Antonio Police Department
GENERAL MANUAL
  Procedure 309 – Weapons
.15 RESPONSIBILITIES
D. Section Commanders/Unit Directors:
  1. Ensure officers under their command or direction carry only authorized weapons as defined in this procedure.
  2. Maintain an inventory list of all shoulder weapons assigned to their personnel and unit.
  3. When officers are transferred from their duty station, they ensure that any Department-issued rifles or shotguns assigned to them are returned to the San Antonio Police Department Armory, in a clean condition, to allow the armorer to inventory the equipment and to inspect the firearm.

E. Supervisory Officers:

  1. Ensure through periodic inspections that officers under their supervision carry only approved firearms, holsters, ammunition, and intermediate weapons as defined in this procedure, and all equipment is in proper working order.
  2. Verify information on any approved firearms checked in or out of the Ready Room by officers is properly entered into the weapon’s logbook.
  3. When the Armory is closed, verify information entered in the appropriate section of SAPD Form 62-RFI, Receipt For Issue/Replacement of OC Spray/Gel and/or ECD, by officers returning OC spray/gel canisters or replacing an ECD or cartridges to the Ready Room and also verify information entered into the OC spray/gel and/or ECD logbook when officers check out replacement equipment.
  4. Must have knowledge of all weapons carried by personnel under their supervision.
A

F. All Officers

   1. Carry only authorized weapons, ammunition, and holsters, on-duty or off-duty, in accordance with this procedure.
   2. Maintain qualifications on all authorized weapons they carry, and ensure the weapons function properly at all times.
   3. Allow only the Department Armorer, the Academy assigned FPCO or the Academy Range Staff to make repairs, modifications, or changes of parts to any Department-issued
   4. Officers carrying any Department-issued approved firearm or ECD which is damaged or inoperative shall immediately return the firearm or ECD to the Amory for inspection and/or repair. If the Armory is closed, a supervisor shall accompany the officer to the Ready Room to obtain a spare firearm or ECD to replace the damaged or inoperative department-issued firearm or ECD. A written report listing the malfunction or damage shall be attached to the firearm or ECD and a copy of the report is routed through the officer’s chain of command to his Division Commander.
   5. The loss or theft of a Department-issued or personally-owned approved firearm shall immediately be reported to the FPCO or his designee, Department Armorer, and a supervisory officer.    a. If the loss or theft occurred inside the city limits, the supervisory officer will ensure an offense report is written.    b. If the loss or theft occurs in another jurisdiction, the officer shall immediately notify the appropriate law enforcement agency and ensure a report is written by the agency.    c. The officer shall write an incident report under an SAPD case number detailing the loss or theft.    d. The officer routes a copy of his report documenting the loss or theft through his chain of command and to the Armorer.
   6. Any officer who transfers from one duty station to another shall return their Department-issued rifle or shotgun to the armory, in a clean condition. The Armorer shall conduct an inventory of the equipment and inspect the firearm.
   7. Any officer discharging a firearm accidentally or intentionally, except while training on a shooting range or while lawfully hunting wild game, shall immediately notify an on-duty supervisor and report the incident in writing, through his chain of command, to the Division Commander in accordance with Rule and Regulation 3.31, Subsection D.    a. The supervisor notified will review all the circumstances surrounding the firearm discharge to ensure all policy, training, weapon/equipment, and discipline issues are addressed.    b. Upon completion of his initial review, the supervisor will handle in accordance with GM Proc. 303, Disciplinary Procedures.    c. The officer’s initial report and the supervisor’s written review and recommendations are then forwarded through the chain of command for final review and disposition.    d. The Division Commander shall review the reports and recommendations, and based on the merits, substance, and gravity of the incident, will request further investigation, implement discipline in accordance with the current Collective Bargaining Agreement, or recommend no disciplinary action.    e. Regardless of the outcome, all reports with recommendations will be routed to the Internal Affairs Unit and will be maintained on file in accordance with the Department’s retention schedule.
  1. Any officer discharging an intermediate weapon accidentally or intentionally shall immediately notify an on- duty supervisor and report the incident in writing, through his chain of command, to his Division Commander; all requirements of Subsection .06 (a-e) will apply.
  2. Any officer who uses oleoresin capsicum (OC) spray/gel shall return the OC spray/gel canister, even if partially used, to the Armory or Ready Room to obtain replacement equipment prior to the end of his tour of duty. Fired ECD cartridges are replaced prior to the end of the officer’s tour of duty.
    a. If the Armory is closed, a Supervisor shall accompany the officer to the Ready Room to replace the used OC spray/gel canister or fired ECD cartridges.
    b. SAPD Form #62-RFI, Receipt for Issue/Replacement OC Spray/Gel and/or ECD, shall be completed by the officer (and the supervisor when applicable).
    (1) It is attached to the used OC spray/gel canister.
    (2) For an ECD and/or cartridge, one copy of the replacement receipt shall be left in a designated receptacle in the Ready Room
384
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 311 – Court Appearances

.01 INTRODUCTION

A. This procedure establishes departmental policy regarding court and pre-trial conference attendance by members.

B. This procedure also provides guidelines for the stand-by process, compensation for attending court, dress code requirements, and for court absences.

.02 ATTENDANCE REQUIREMENTS

A. Courts in this agency’s jurisdiction utilize officers’ written reports, sworn affidavits, or complaints at preliminary court proceedings and arraignments in lieu of an officer’s presence.

B. If members are needed to attend court, preliminary court proceedings, or pre-trial conferences, they are subpoenaed or notified by the Court Liaison Detail by computer-generated notice, fax notice, or telephone.

C. Members subpoenaed or notified by the Court Liaison Detail to attend court or a pre-trial conference held in the Bexar County Courthouse or Justice Center shall check-in with the Court Liaison Detail prior to reporting to court for a pre-trial conference.

  1. Members attending all other courts sign in with the Court Bailiff.
  2. Officers provide verification of attendance in a court or pre-trial conference by submitting a completed court attendance card signed by Court Liaison Detail personnel.
    The Court Liaison Detail personnel shall write on the court attendance card, the date and time the officer attended the court or pre-trial conference, and the date and time the officer was dismissed.
    If the officer received a subpoena or other notice to appear, the subpoena or notice shall be attached to the court attendance card or overtime card.
  3. If an officer attends a court, a hearing, or a pre-trial conference at a location other than the Bexar County Courthouse, the Bexar County Justice Center, or the City’s Municipal Court, the officer shall
    write a report and attach it to the overtime card
    along with the notice to appear indicating:
A

a. The name of the court or hearing attended;
b. The dates and times the officer appeared;
c. The reason for the officers attendance in the court or hearing; and
d. The name and phone number of a contact person from the court or hearing who can verify the officer’s attendance.

385
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 311 – Court Appearances

.02 ATTENDANCE REQUIREMENTS

D. Off-duty members dismissed by a county or district court or after completing a pre-trial conference shall also check-out with the Court Liaison Detail.

E. If a member is needed to testify in a proceeding, he is notified by Court Liaison Detail personnel his attendance is necessary.
Members shall fully cooperate with the directions of the Court Liaison Detail.

A

F. When a member is required to attend two different courts at the same time,
he attends the higher court and notifies the lower court and/or Court Liaison Detail of his whereabouts.
When a member is required to attend a court and a pre-trial conference at the same time,
he attends court and notifies the Court Liaison Detail so the pre-trial conference can be rescheduled.

G. Members do not testify in a civil proceeding unless they are properly subpoenaed by either the plaintiff or the defendant in the case.
Immediately upon receiving a civil subpoena, members shall notify their chain of command and contact the Legal Advisor’s Office to see if an attorney needs to review the civil case.

386
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 311 – Court Appearances
.03 COURT LIAISON DETAIL

A. The Court Liaison Detail, located in the Bexar County Criminal Justice Center, is manned by members of the San Antonio Police Department.

B. The Court Liaison Detail is open from:
0745 hours to 1630 hours,
Monday through Friday.

C. The Court Liaison Detail supplies officers with court attendance cards and information regarding the status, progress, or disposition of a case in their respective court.
Officers should contact the Court Liaison Detail whenever any court-related question or problem arises.

A

.04 SUBPOENA PROCESS -
DISTRICT and COUNTY COURTS

A. Most subpoenas for members are issued by District and Bexar County Courts are received in the Court Liaison Detail, where they are directed to the respective member’s unit of assignment.

B. All units maintain a subpoena log, which members check upon reporting for duty to determine if they have any subpoenas.
Members shall accept and sign for their subpoenas in the subpoena log and make the necessary return immediately upon receipt of a subpoena.

C. Subpoenas issued less than six (6) days prior to the court date may be delivered by Bexar County deputy sheriffs, Bexar County District Attorney’s Office investigators, or Court Liaison Detail personnel.
Members shall cooperate with the deputies, investigators, and Court Liaison Detail personnel serving subpoenas for the District and County Courts.

D. When a subpoena is issued for a date on which a member will be on vacation, the subpoena is immediately returned to the Court Liaison Office with notification the member is on vacation, with the beginning and ending dates of vacation.

E. Once a member has received a subpoena, he shall not schedule any type of leave for the date and time of the stand-by period.
If Court Liaison personnel or a judge verbally contacts a member and places them on stand-by or advises them they are to appear in a court on a specific date and time, the member may not schedule leave for the specified date and time.
A supervisor reviews the subpoena log prior to authorizing leave for members to ensure the member has no subpoenas during the period of the requested leave.

387
Q
San Antonio Police Department
GENERAL MANUAL
   Procedure 311 – Court Appearances
.05 NOTIFICATION PROCESS - 
BY COURT LIAISON DETAIL

A. The District Attorney’s Office or a judge may notify the Court Liaison Detail when a member is needed to testify in court or attend a pre-trial conference.
This notification may or may not be associated with a prior issued subpoena.

B. When the Court Liaison Detail is notified by the District Attorney’s Office or a judge that a member is needed in court or at a pre-trial conference, the Court Liaison Detail will notify the member by telephone, fax notice, or computer-generated notice.
When members receive this notification, they will obey the notification in the same manner as they would a subpoena.

C. Computer generated or fax notices are sent to the member’s unit of assignment to be logged in the unit subpoena log by a supervisory officer.

D. Members shall confirm receipt of the computer-generated or fax notices with the Court Liaison Detail.
Confirmation of receipt of the computer-generated or fax notices may be made after normal business hours by *leaving a message on the Court Liaison Detail answering machine or by sending a Mobile Data Computer (MDC) message directed to “CCL.”

E. Once a member has received notification from the Court Liaison Detail that he is needed in court or at a pre-trial conference, he shall not schedule any type of leave which will conflict with the court or pre-trial conference.
A supervisor reviews the subpoena log prior to authorizing leave for a member to ensure the member has no notifications for the period of the requested leave.

A

.06 DISTRICT and COUNTY COURT
STAND-BY PROCEDURES

A. Officers may be placed on stand-by only through a subpoena issued by the State, an order from a judge, notification from the District Attorney’s Office, or by notification from the Court Liaison Detail.

  1. When a judge places an officer on stand-by, the officer shall contact the Court Liaison Detail so the stand-by can be recorded, the stand-by hours verified, and the stand-by coordinated.
  2. When a prosecutor or defense attorney attempts to place a member on stand-by, the member shall notify the Court Liaison Detail and refer the prosecutor or defense attorney to do the same.

B. Members receiving criminal subpoenas for district or county courts are automatically placed on stand-by unless the subpoena or notice is stamped or states
“No Stand-by” or the criminal subpoena is issued for the defense.
If a member receives a reset notice, this only advises the member the case is being reset.
A reset notice is not a subpoena and does not require the member to be on stand-by.

C. The stand-by hour for all district and county courts is 1000 to 1100 hours, unless otherwise stated on the subpoena or when notified by the Court Liaison Detail.

  1. If the member will be on-duty when the stand-by is scheduled, he lists the proper telephone number of the Department and the extension where he may be reached on the “return.”
2. If the member will be off-duty when the stand-by is scheduled, he shall be available by the telephone. 
Recording devices (answering machines, voicemail, pagers, etc.) are *not* permitted during the stand-by hour.
388
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 311 – Court Appearances
.07 SUBPOENA PROCESS - MUNICIPAL COURTS

A. Subpoenas for members issued by Municipal Court are received by the respective member’s unit of assignment.

B. All units maintain a subpoena log, which members check upon reporting for duty to determine if they have any subpoenas. Members shall accept and sign for their subpoenas in the subpoena log book and make the necessary return immediately upon receipt of a subpoena.

A

C. When a subpoena is issued for a date on which a member will be on vacation, the subpoena is immediately returned to Municipal Court.
Before returning the subpoena, the back of the subpoena is completed by the member and signed by the member’s supervisor.

D. Once a member has received a subpoena, he shall not schedule any type of leave for the date and time of his scheduled court appearance.
A supervisor reviews the subpoena log prior to authorizing leave for a member to ensure the member has no subpoenas during the period of the requested leave.

E. Officers who sign the bottom of a Traffic subpoena, stating they are unable to recall the details of the citation in which the officer issued to the violator, will not appear for court or submit overtime for their court appearance.

389
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 311 – Court Appearances
.08 FAILURE TO APPEAR IN COURT

A. Officers failing to appear in court or who are tardy to court submit a written report covering their absence or tardiness to their immediate supervisor. Supervisors forward a copy of the report to the Office of the Chief of Police through their chain of command.

B. The Office of the Chief of Police determines whether the absence or tardiness is chargeable or non-chargeable against the officer. Should the Office of the Chief of Police rule the absence or tardiness is chargeable; the officer shall forfeit accrued vacation, holiday, or bonus day leave time according to the following prescribed penalties.

  1. Officers responsible for a chargeable court absence shall forfeit four (4) hours of accrued vacation, holiday, or bonus day leave for the first violation, eight (8) hours for the second violation, and eight (8) hours with other disciplinary action for any subsequent infraction in any six (6) month period beginning from January 1 to June 30 and from July 1 to December 31 of each year. Officers charged with missing two or more court settings on the same day are penalized a maximum of eight (8) hours of vacation, holiday, or bonus day leave.
  2. Officers responsible for a chargeable court tardiness shall forfeit two (2) hours of accrued vacation, holiday, or bonus day leave for the first tardiness, four (4) hours for the second tardiness, and eight (8) hours with other disciplinary action for any subsequent tardiness in any six (6) month period beginning from January 1 to June 30 and from July 1 to December 31 of each year.

C. Officers forfeiting vacation, holiday, or bonus day leave to satisfy the penalty imposed for missing court or being tardy for court are not permitted to take any vacation, holiday, or bonus day leave until the officer submits the forfeiture of accumulated leave to satisfy the penalty requirement imposed on the officer.

D. Civilian members failing to appear in court or who are tardy to court submit a written report covering their absence or tardiness to their immediate supervisor. Supervisors forward a copy of the report to their division commander through their chain of command for possible disciplinary action.

A

.09 SUBPOENAS ISSUED OUTSIDE OF BEXAR COUNTY

A. A member who receives a subpoena from an agency outside Bexar County shall immediately notify his immediate
supervisor and unit director of the subpoena in a written report.

B. Members scheduled to be on-duty during the time of the out-of-county court date are placed on administrative leave.

C. Members not scheduled to be on-duty during the time of the out-of-county court date are responsible for contacting the agency who issued the subpoena and securing the necessary travel arrangements, as well as compensation, for responding to the subpoena.

390
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 311 – Court Appearances
.10 COMPENSATION FOR OFF-DUTY COURT APPEARANCE

A. Officers attending court or hearings for judicial proceedings where their testimony is the result of the officer having taken some official law enforcement action pertaining to the proceeding receive compensation for off-duty court appearances in the following:

A
  1. District Courts;
  2. County Courts-at-Law;
  3. Grand Juries;
  4. Justice of the Peace Courts;
  5. San Antonio Municipal Courts;
  6. Civil Service Commission or Arbitration Hearing;
  7. Texas Alcoholic Beverage Commission Hearings;
  8. Federal Courts;
  9. Administrative License Revocation Hearings;
  10. Pretrial Conferences.
391
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 311 – Court Appearances
.10 COMPENSATION FOR OFF-DUTY COURT APPEARANCE

B. Officers on off-duty status who attend court, pre-trial conferences, or who are placed on stand-by for court are entitled to receive compensation as outlined in this section and as enumerated in the current Collective Bargaining Agreement By and Between the City of San Antonio, Texas and the San Antonio Police Officers’ Association.

A

C. Off-duty officers subpoenaed to testify in Federal Court or in a jurisdiction outside of Bexar County as a result of the officer’s employment as a San Antonio police officer or as a result of the officer having taken some official law enforcement action pertaining to the proceeding apply for compensation or reimbursement from the jurisdiction in which they testify, in the event compensation is available. Any compensation received may be:

  1. Retained by the officer; or
  2. Surrendered to the Chief’s Office or the Accounting and Personnel Office in return for overtime or compensatory time at a rate specified by the current contract between the City of San Antonio and the
    San Antonio Police Officers’ Association.

D. An officer who refuses or neglects to apply for compensation from Federal Court, or from an out-of-town jurisdiction which secured his attendance, provided compensation from the jurisdiction is available, receives no overtime or compensatory time from the San Antonio Police Department.

392
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 311 – Court Appearances
.10 COMPENSATION FOR OFF-DUTY COURT APPEARANCE

E. Officers receive compensation for off-duty appearances at Civil Service Commission or Arbitration Hearings as follows.

  1. When the officer is subpoenaed by the City, he is compensated according to the compensation for attendance in those courts outlined in Subsection .10A of this procedure; and
  2. When the officer is subpoenaed by the respondent, he is granted compensatory time at the rate of one (1) hour per hour required to satisfy the subpoena to a maximum of three (3) hours.

F. An officer who testifies or gives a deposition in a civil proceeding does not receive compensation from the Department, unless the appearance is the result of the officer having taken some official law enforcement action pertaining to the proceedings.
If the appearance is the result of an official law enforcement action, the officer receives the same compensation he would receive for any other court appearance, provided the officer submits verification of his attendance and any compensation he received for his attendance.

G. When an officer is subpoenaed to more than one (1) court on the same day, only one (1) subpoena is honored for compensation. (Exceptions are appearances in one (1) court in the morning and the other court in the afternoon).

H. An officer required to stay in court beyond three (3) hours is compensated for the actual time spent in court.

A

I. An off-duty officer who attends court or a pre-trial conference in the morning and is dismissed before three (3) hours time has elapsed and is ordered to return after lunch receives the three (3) hour minimum or the actual time spent in court (whichever is greater) for the morning and afternoon appearances combined.

J. To receive compensation, an officer submits verification of attendance in a court or hearing as outlined in Section .02 C2 and 3 of this procedure.

K. In order for an officer to receive the proper compensation for his off-duty stand-by status for court, he attaches the subpoena or the written notification received from the Court Liaison Detail to the court attendance card and forwards it through his normal chain of command.

L. When an officer on off-duty stand-by status is called to appear, he receives stand-by compensation in addition to the regular court appearance compensation if his appearance is after the regular stand-by hours.

M. Civilian members receive compensation according to City administrative directives and Department policies and procedures.

393
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 311 – Court Appearances
.11 MEMBER’S TESTIMONY

A. When a member testifies in a court proceeding he should remember his task in this capacity is to act as a reporter of facts.
The member testifies with honesty and accuracy regardless of what affect it may have on the ultimate disposition of the case.

B. A member carefully reviews the facts of the case before testifying in court.
He studies his notes and memoranda ahead of time so when he is on the witness stand he does not have to refer to them unless absolutely necessary.
The member takes his notes concerning the case to court with him.

C. A member testifying at any criminal judicial proceeding avoids displaying notebooks, reports, or other documentary evidence, unless directed to do so by the District Attorney, his assistants, or the judge.
If displayed, the defense counsel is able to examine the entire document and possibly compromise information on other investigations.

D. Once a member has been dismissed by a court, the member promptly leaves the courtroom so as not to disturb the court proceedings.
If on-duty, the member immediately returns to service.

A

.12 COURT DRESS CODES

A. Members attending court or hearings for judicial proceedings or civil proceedings where their testimony is the result of the member having taken some official law enforcement action pertaining to the proceeding shall appear in a regulation uniform, assigned duty uniform or in appropriate business/relaxed apparel, in accordance with
GM Procedure 310, Uniforms and Dress Codes.

B. Officers in undercover assignments need not shave their beards or cut their hair, but shall conform to other personal grooming requirements.

C. Members shall NOT wear the regulation uniform or any other authorized uniform in any proceedings to which they are subpoenaed or requested to testify on behalf of the defense in a criminal case; against the City of San Antonio, Texas, in a civil case; or against the interest of the Department in any civil service hearing, arbitration, or administrative hearing.

D. Members attending court or hearings for judicial proceedings or civil proceedings where their testimony is NOT the result of the officer having taken some official law enforcement action pertaining to the proceeding shall NOT wear the regulation uniform or any other authorized uniform, unless the officer is subpoenaed by the State of Texas, the City of San Antonio, or the San Antonio Police Department.

E. Members subject to Mandatory Reassignment shall comply with Procedure 908, Mandatory Reassignment.

394
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 311 – Court Appearances
.13 JURY DUTY

A. Members receiving notices to report for jury duty shall report in proper civilian attire on the date indicated on the official jury duty notice.

B. Prior to the date the member is to report for jury duty, the member provides the unit/shift director with a copy of the official notice of jury duty.

C. Members serving on jury duty are listed on “Administrative Leave” (AD) on the unit pay sheet for the date(s) of their jury duty, excluding relief days.
Members on administrative leave are not required to report for regular duty either before the start of their jury duty or after being released from jury duty for the day.

A

D. Members who have a regular tour of duty starting after 1700 hours on the date immediately prior to the date they are to report for jury duty may be relieved from regular duty early to return home to rest before reporting for jury duty.
This subsection also covers members who report for jury duty on a relief day.

E. Members selected to serve on a jury whose duration is more than one (1) day, excluding relief days, must contact their unit/shift director each day to advise them they are still on jury duty.

F. Upon completion of jury duty and the return to regular duty, members shall submit a COSA Notice of Leave Form for all administrative leave used for jury duty.
The Jury Duty Certification Card is attached to the pink slip.

G. Any compensation received for jury duty while an officer is on administrative leave is turned into the Accounting and Personnel Office.
Any compensation received for jury duty on a member’s relief day is retained by the member.

395
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 313 – Use of City Vehicles

.01 INTRODUCTION

A. This procedure establishes guidelines for the routine use of City vehicles. The tactical and pursuit operation of emergency vehicles is covered in GM Procedure 609, Emergency Vehicle Operations.

B. The use of City vehicles by sworn and non-sworn members will be in accordance with
City Administrative Directives:
1.8 Vehicle Use, 4.1 Accidents and Injuries (Reporting), 4.65 Smoking in the Workplace,
4.79A Post- Accident Alcohol and Drug Testing,
4.8 City Driver Evaluation, and in accordance with the current Collective Bargaining Agreement (CBA).

.02 POLICY

A. The safety of our members and others is of paramount concern when operating or riding a city vehicle.

B. All members of the Department, sworn and non-sworn, when operating or riding in a city vehicle shall wear the safety restraint devices provided in the city vehicle.

C. All authorized passengers in city vehicles will be required to wear safety restraint devices.

D. Members operating a city vehicle will keep mobile communication device usage to a minimum and as brief as possible. Furthermore, the use of a mobile communication device is only allowed during routine use of city vehicles.

  1. If acceptance or placement of a call is unavoidable, members operating a city vehicle should safely pull off the road and resume their travel after their brief call.
  2. If pulling over is not feasible, members are encouraged to use a hands-free option to accept or place a call.
    The use of a mobile communication device with a hands-free device is the preferred method while operating a city vehicle.
  3. Texting while operating a city vehicle is prohibited.

C. All members of the Department, when operating or riding in a city vehicle shall conduct themselves in accordance with City Administrative Directive 1.8

A

.04 AUTHORIZED USE

A. Members operate only those city vehicles assigned to them and only for the accomplishment of assigned duties.

B. Members transport only authorized persons in a city vehicle.

  1. Authorized persons include on-duty members, prisoners, complainants, and witnesses; immediate family members may be transported if the city vehicle is being used in accordance with Section .07 of this procedure.
  2. Approval to transport off-duty members or non-members must be received from the unit supervisor.
  3. Approval for any person(s) to ride as an observer must be arranged in advance in accordance with GM
    Procedure 319, Civilian Observer Program.

C. Division commanders ensure all units under their command maintain a daily record of the assignment and use of all city vehicles assigned to their respective commands.

Such record shall reflect:

  1. The member’s name and unit of assignment;
  2. The vehicle number; and
  3. The date, day, and time of use.
396
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 313 – Use of City Vehicles
.05 AUTOMATED FUELING SYSTEM

A. The Fleet Services Offices has equipped all marked Police vehicles with a “CANceiver” for automated fueling.

B. Members refuel any city vehicle they operate prior to ending their tour utilizing their COSA Employee ID.

C. Members operating a city vehicle with a lost, damaged, or inoperative FOB Key:

  1. Call 207-8380 or notify Police Fleet Services; or
  2. Go to the Automotive Operations Office at 329 S. Frio. Be prepared to provide the vehicle number and odometer reading.

.06 TEMPORARY USES OF ADMIINISTRATIVE VEHICLES

A. Members of units, which do not have city vehicles assigned, may request the use of a vehicle from personnel at the Fleet Services Management Office.

B. The Department maintains a limited number of Fleet Services administrative vehicles which are temporarily assigned in accordance to the following priority:

  1. For temporary use by a member assigned to a unit which has no vehicle assigned; and
  2. For temporary use by a member assigned to a unit to travel out of the City on an approved trip, if that unit has no vehicles assigned.

C. When turning in a Fleet Services vehicle, members shall:

  1. Clean and refuel the vehicle;
  2. Return the Fleet Services administrative vehicle and keys to the Fleet Services Management Office and complete daily record log.
A

.08 INSPECTIONS, REPAIRS,
PREVENTIVE MAINTENANCE, AND VEHICLE CARE

A. Prior to operating a city vehicle, members inspect the vehicle for damage or mechanical impairment.

  1. Members discovering damage to the city vehicle or equipment shall immediately notify their supervisor and complete SAPD Form #162, Found Damage Report.
  2. Members discovering mechanical impairment, which may affect the safe operation of the vehicle, immediately report the condition to the vehicle repair shop and their immediate supervisor.
    The supervisor determines whether the member shall wait for repairs on the malfunctioning vehicle or whether another vehicle will be assigned.
  3. Members encountering mechanical problems with their assigned vehicle which would not ordinarily impair the safe operation of the vehicle, immediately notify their supervisor.
    The supervisor determines whether the vehicle is immediately repaired or kept in service and the repair made later.

B. Members remove all portable items from vehicles placed in the repair shop if the repairs cause the vehicle to remain out of service beyond the end of the officer’s tour of duty.

C. Members do not alter, modify, deface, or change any part or accessory of any city vehicle without proper authorization.

D. Members shall ensure proper preventive maintenance is performed on their assigned vehicle on a regular basis or when notified by the vehicle repair shop.

E. Members shall be responsible for the appearance and cleanliness of their assigned vehicle, both interior and exterior.

397
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 313 – Use of City Vehicles
.07 TAKE-HOME VEHICLES

A. The City shall provide to Officers occupying the rank of Lieutenant or above a City-owned vehicle for the Officer’s use during his on duty employment and for the Officer’s use in driving to and from home.

  1. During the period of June 1 to July 1 of each calendar year, members holding the rank of Lieutenant or above may elect to change from his car or car allowance, as per the Collective Bargaining Agreement.

B. The Chief of Police has the sole discretion whether to assign or not assign or to remove a vehicle from any other officer in any rank below Lieutenant.

C. Authorization to be assigned a take-home vehicle must be renewed each year (by January 31) and each time a member has a change of assignment which requires a take-home vehicle by submitting SAPD Form #167-TVA through the member’s chain-of-command to the Office of the Chief of Police.

D. Prior to being assigned a take-home vehicle, members will complete and submit SAPD Form #167-TVA, Take- Home Vehicle Authorization, through their chain-of-command to the Office of the Chief of Police.

E. Members assigned a take-home vehicle, unless exempted by the Chief of Police, shall:

  1. Return the vehicle to their assigned units if they are off-duty for a period exceeding three (3) days; or
  2. Return the vehicle to their parent unit if they are on light duty status.
A

F. Upon receiving written authorization from the Chief of Police, members assigned a take-home vehicle while on stand-by and/or subject to immediate call-out may use the vehicle as their primary means of transportation. Assistant Chiefs and Deputy Chiefs are on permanent stand-by and/or subject to immediate call-out based on their position.

  1. Members shall be prepared to respond directly to a crime scene or other specified location when called.
  2. Members may transport immediate family members in their take-home vehicle only when subject to immediate call-out and when using the vehicle as their primary means of transportation.
  3. If the member is called to a crime scene or other work-related location while immediate family members are in the take-home vehicle, the family members should be dropped off at the nearest substation or other safe location.
    Members should be aware the safety of their immediate family is the sole responsibility of the members and as such, family members are not to be taken to crime scenes.
  4. Members subject to immediate call-out and using a take-home vehicle are reminded of Rules and Regulations regarding member’s responsibilities for Reporting for Duty.

G. If a take-home vehicle is to be used outside of Bexar County, except for officers traveling to and from work, GM Procedure 909, Travel, must be adhered to.

H. The Chief of Police may revoke the assignment of a take-home vehicle to any member if the member is not insurable as per state minimum requirements.
Also, any violations of this policy may result in the loss of a take- home vehicle assignment.

I. Members requiring a temporary replacement for a take-home vehicle will use a vehicle from their assigned units.
Members assigned to units, which have no vehicles assigned, will make arrangements through the Police Fleet Services Management Office.

398
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 313 – Use of City Vehicles
.09 PARKING AND CUSTODIAL RESPONSIBILITIES

A. Members do not expose a city vehicle to unreasonable hazards or abuse,
except in exigent circumstances.

B. Members must remove all portable issued equipment from city vehicles, which are parked or stored overnight at a location
other than a police facility.

C. Members park city vehicles in accordance with departmental procedures, state laws, and city ordinances, except in exigent circumstances.

D. Members park city vehicles on the Public Safety Headquarters south parking lot in the visitors spaces when attending court or conducting assigned duties within the area bordered by:

Durango St. on the south,
Pecos la Trinidad (IH-35S access rd) on the west,
Houston St. on the north, and
St. Mary’s St. on the east.

E. Members conducting assigned duties at locations outside the boundaries mentioned in Subsection D above must pay for the parking of the city vehicle, but may request reimbursement of the parking fees by submitting a petty cash voucher, with the parking receipt attached, to their division commander.

F. Members receiving a parking ticket, toll violation notice, red-light camera ticket, or any other violation involving the vehicle shall:

  1. Immediately submit a report detailing the reason(s) for the violation(s) and the nature of the business being conducted.
  2. Attach the violation notice to the report and forward through the chain of command to
    the Office of the Chief.

G. The Office of the Chief makes a determination as to whether the violation was necessary for the member to complete his assigned duties.

  1. If the member was performing his assigned duties, the Office of the Chief will represent the Department in the adjudication of the ticket or violation; or
  2. If the member was acting outside his assigned duties, the Office of the Chief will return the ticket or violation notice to the member for adjudication.
A

.10 OUT OF CITY TRAVEL

A. Members authorized to operate a city vehicle outside of Bexar County should present the Accounting and Personnel Office with an approved SAPD Form #106, Travel Request, *at least
fourteen (14) calendar days prior to departure.

B. The Accounting and Personnel Office issues the member a city motor fuel credit card, if required.

C. Members must retain original receipts for all travel expenses including, but not limited to, motor fuel charge receipts.
Reimbursements are not made without the original receipts.

D. Members receiving authorization for out of town travel will use a vehicle from their assigned unit.

Members assigned to units which have no vehicles assigned will make arrangements for a vehicle through the Police Fleet Services Management Office.

E. Members return the assigned city vehicle to the issuing unit on their return to the City or on the first business day following their return to the City.

F. Members involved in a motor vehicle crash while operating a city vehicle outside the city:

  1. Immediately report the crash to the appropriate law enforcement agency;
  2. Advise the investigating officer the City is
    self-insured;
  3. Obtain the report number
    (case or assignment number) assigned to the report;
  4. Record any and all pertinent details of the crash;
    and
  5. Complete SAPD Form #602-6,
    Vehicle Accident Report or Loss Notice,
    upon returning from out of city travel.
399
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 314 – Command Notification

.01 INTRODUCTION
This procedure provides for the notification of command level officers in the event of an unusual occurrence, a police incident, or the detention/arrest of a San Antonio police officer.

.03 COMMAND NOTIFICATION OF UNUSUAL OCCURRENCE, CRITICAL INCIDENT, OR POLICE INCIDENT

A. Any officer dispatched to or finding the scene of an unusual occurrence, critical incident, or police incident will immediately request a Supervisory officer to respond to the scene.

B. The Supervisor-In-Charge of the scene of an unusual occurrence, critical incident, or police incident is responsible for the notification of the appropriate command personnel.

C. A Deputy Chief should be notified of ALL unusual occurrences, critical incidents, and police incidents.
In the absence of or due to the unavailability of a Deputy Chief, an Assistant Chief will be notified.

D. Command Notification During
Normal Business Hours:

  1. When the Supervisor-In-Charge of the scene is a Sergeant, he notifies the on-duty
    Lieutenant assigned to the patrol section.

a. In the absence of the Lieutenant assigned to the patrol section, he notifies the on-duty
Captain assigned to the patrol section.

b. In the absence of the Captain assigned to the patrol section, he notifies an on-duty
Lieutenant assigned to another patrol section.

  1. When the Supervisor-In-Charge of the scene is a Lieutenant or a Lieutenant responds to the scene at the request of a Sergeant, after assessing the situation, he notifies the on-duty
    Captain assigned to the patrol section.

Note: In the absence of the Captain assigned to the patrol section, he notifies an on-duty
Captain assigned to another patrol section.

  1. The Captain notified of the unusual occurrence or police incident responds to the scene, and after assessing the situation, notifies a
    Deputy Chief assigned to the Patrol Division.
  2. A Deputy Chief assigned to the Patrol Division, notified of an unusual occurrence, critical incident, or police incident assesses the situation:
    a. Responds to the scene, if necessary;
    b. Directs the Communications Unit to notify Internal Affairs Unit personnel if the situation involves a complaint of serious allegations or misconduct;

c. Notifies other command personnel,
if the incident is a police incident;

d. Notifies as soon as possible,
the Office of the Chief; and

e. Prepares a report on the unusual occurrence or police incident for the Office of the Chief prior to the beginning of the next business day.

A

E. Command Notification During Weekends, Holidays, and Between the Hours of 1630 and 0745:

  1. When the Supervisor-In-Charge of the scene is a Sergeant, he notifies the on-duty
    Lieutenant assigned to the patrol section.

Note: In the absence of the Lieutenant assigned to the patrol section, he notifies another on-duty Lieutenant assigned to another patrol section.

  1. When the Supervisor-In-Charge of the scene is a Lieutenant or a Lieutenant responds to the scene at the request of a Sergeant, after assessing the situation, he requests the Communications Unit
    to notify the Night Commander (when available) or the Deputy Chief responsible for resolution of the incident.
  2. The Evening/Night Commander or Deputy Chief (Duty Officer) notified of an unusual occurrence, critical incident, or police incident responds to the scene, if necessary, and after assessing the situation:

a. Directs the Communications Unit to notify Internal Affairs Unit personnel
if the situation involves a complaint of serious allegations or misconduct;

b. Decides whether to notify other command personnel;

c. Decides whether to notify the Chief of Police;
and

d. Prepares a report covering the event, which is forwarded to the Office of the Chief,
prior to the beginning of the next business day.

400
Q
San Antonio Police Department
GENERAL MANUAL
Procedure 314 – Command Notification
.04 COMMAND NOTIFICATION IF 
AN OFFICER IS DETAINED OR ARRESTED

A. If a San Antonio police officer is detained for questioning or arrested for any misdemeanor or felony offense the detaining or arresting officer shall request his immediate on-duty Supervisor to respond to the scene of the detention or custodial arrest.

  1. If the immediate Supervisor is not available, the detaining or arresting officer shall request any Sergeant assigned to the patrol section where the detention or custodial arrest occurred to respond to the scene.
  2. In the absence of an on-duty Sergeant assigned to the patrol section, the officer shall request the
    on-duty Lieutenant assigned to the patrol section respond to the scene of the detention or custodial arrest.
  3. The supervisor who responds to the scene is responsible for entering a formal incident into
    Blue Team as soon as possible and
    prior to the end of shift.
    The incident shall be routed to the next immediate supervisor in the chain of command as well as the arrested/detained officer’s Deputy Chief and
    the Deputy Chief’s Admin Sgt if applicable.

B. When the Supervisor-In-Charge of the scene is a Sergeant or a Sergeant responds to the scene at the request of an officer, after assessing the situation,
he notifies the on-duty
Lieutenant assigned to the patrol section.

  1. In the absence of the Lieutenant assigned to the patrol section, he notifies an on-duty
    Lieutenant assigned to another patrol section.
  2. The Sergeant ensures all necessary reports are written and routed through the chain of command utilizing Blue Team.

C. The Lieutenant notified of any incident involving the detention or custodial arrest of a San Antonio police officer, after assessing the situation:

  1. Notifies the Captain assigned to the patrol section, if during normal business hours, or
  2. Requests the Communications Unit to notify the Evening/Night Commander (when available) or the officer’s Deputy Chief, if the incident occurs on a weekend, holiday, or between the hours of 1630 and 0745.

D. The Captain notified of any incident involving the detention or custodial arrest of a San Antonio police officer.

  1. Notifies the Deputy Chief of the Patrol Division where the arrest occurred during normal business hours, or

2 Notifies the officer’s Deputy Chief, if the incident occurs on a weekend, holiday, or. between the hours of 1630 and 0745.

A

.05 SUPERVISORY NOTIFICATION IF AN
OFFICER IS INVOLVED IN A DISTURBANCE

A. An officer responding to any disturbance call involving a San Antonio police officer:

  1. Requests a Sergeant to respond to the scene,

and

  1. Notes in his report the name and badge number
    of the Sergeant notified.

B. The Sergeant notified to respond to the scene:

  1. Documents the actions taken in a
    supplemental report,

and

  1. Forwards copies of all reports through his chain of command utilizing Blue Team

in accordance with Proc. 303.

401
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 315 – Line Inspections
.01 INTRODUCTION

This procedure establishes guidelines for conducting line inspections of officers’ personal appearance,
uniform/personal attire, and equipment.

.02 DISCUSSION

A. Line Inspections is an on-going process to ensure officers are in compliance with Department rules, regulations, procedures, and orders in the areas of personal appearance, the proper wearing of the police uniform, and the use and maintenance of assigned equipment.
Line inspections can be:
formal or informal inspections.

B. Formal Line Inspections establish a process for documenting individual officer deficiencies.
The process assigns specific timetables and responsibilities for conducting the inspection.

C. Informal Line Inspections is an ongoing process conducted daily by Supervisors.
Minor deficiencies in individual officer personal appearance and the maintenance of assigned equipment are brought to the officer’s attention when they are identified by a supervisor.

A

.03 LINE INSPECTIONS PROCEDURE

A. Unit/Shift Directors

  1. Conduct formal line inspections of all subordinates at least once each month.
    A supervisory officer may be assigned to conduct the formal line inspection in the absence of a shift/unit director.
  2. Document all inspections and deficiencies,
    * if any*, utilizing SAPD ACTIVITY and
  3. Notify the Section Commander that formal line inspections and individual officer deficiencies
    have been entered into SAPD ACTIVITY
    for the current period:

B. Supervisory Officers

  1. Assist the Shift/Unit Director with conducting the formal line inspection;

and

  1. Record all inspections and deficiencies, if any, and the Shift/Unit Director’s comments in
    SAPD ACTIVITY.

C. Section Commanders

  1. Monitor the formal line inspection process by occasional participating in a formal line inspection;

and

  1. Review all inspection reports and roll call inspection report forms submitted by unit/shift directors.

D. SAPD ACTIVITY

  1. SAPD ACTIVITY is used to document formal line inspections on all officers and to document deficiencies of individual officers who fail to meet departmental standards for personal grooming, uniform, and equipment during
    formal line inspections.

This form may also be used to document deficiencies noted during informal line inspections.

  1. Shift/unit directors complete and document formal Line Inspections utilizing SAPD ACTIVITY:

a. Check the appropriate deficiency space(s),
if any deficiencies are found;

b. Briefly explain the deficiency in the
comments section;

c. Set an appropriate date, dependent upon the nature and severity of the deficiency,
for the officer to come into compliance;

d. Notify the officer’s immediate supervisor.

  1. Supervisory officers meet with the officers who have deficiencies noted SAPD ACTIVITY and
    take the following actions:

a. Clarify in the noted deficiency, the prescribed standard, and the date for compliance;

b. Conduct a follow-up inspection on the compliance date;
and

c. Update SAPD ACTIVITY to reflect the date the deficiency was corrected.

4.    In the event the officer has failed to correct the deficiency prior to the specified compliance date, 
the officer's immediate supervisor documents the failure in accordance with 
Procedure 303 (Disciplinary Procedures) and enters it into BLUE TEAM.
402
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 306 – Officer Concern Program

INTRODUCTION
This procedure creates a program for identifying officers with a pattern of behavior which could signal potential problems which may prove detrimental to the officer and that may require ____________ departmental intervention efforts.

A

non-punitive

403
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 306 – Officer Concern Program

.03 OFFICER CONCERN PROGRAM

A. The Officer Concern Program identifies unacceptable behavioral traits in officers before those behavioral traits develop into disciplinary problems for the officer and the Department.

B. Once an officer with unacceptable behavior traits is identified, the officer may be referred to the Officer Concern Program for a review.

C. The ______ will conduct a review of the referred officer and, when appropriate, formulates a Plan of Action in an attempt to address the officer’s undesirable behavior.

A

Officer Concern Program Board

404
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 306 – Officer Concern Program
.04 REFERRALS TO OFFICER CONCERN PROGRAM

A. There are three (3) methods for referring officers who are identified as having unacceptable behavioral traits to the Officer Concern Program.

The three (3) methods for referrals are:

  1. Referrals by the Chief of Police:
    The Chief of Police has the prerogative to place an officer directly into the Officer Concern Program.
  2. Referrals by Supervisors:
    Immediate and intermediate supervisors may initiate a referral by submitting a written report through the chain of command to the respective Division Commander.

a. The report must detail the reasons why the supervisor has determined that the officer should be placed in the Officer Concern Program and must be supported by documentation, statements, etc. These referrals are especially important, since immediate and intermediate supervisors work closely with their subordinates and are more familiar with their work habits.
b. Referrals of officers to the Program may be for any unacceptable or undesirable behavioral traits.

  1. Computer-Generated Referrals:
    The _________ maintains a computer database on all complaints made against officers.

Referrals to the Officer Concern Program may be computer-generated by the number and type of complaints during any continuous eighteen (18) month period.

A

Internal Affairs Unit

405
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 306 – Officer Concern Program
.04 REFERRALS TO OFFICER CONCERN PROGRAM

  1. Referrals by Supervisors:
    Immediate and intermediate supervisors may initiate a referral by submitting a written report through the chain of command to the respective Division Commander.

a. The report must detail the reasons why the supervisor has determined that the officer should be placed in the Officer Concern Program and must be supported by documentation, statements, etc. These referrals are especially important, since immediate and intermediate supervisors work closely with their subordinates and are more familiar with their work habits.
b. Referrals of officers to the Program may be for any unacceptable or undesirable behavioral traits.

Some common reasons for referrals of officers to the Officer Concern Program include, but are not limited to, the following:

A

(1) Complaints of rudeness (internal and external complaints);
(2) Deterioration of work quality or quantity;
(3) Tardiness;
(4) Reasonable suspicion of substance abuse;
(5) Vehicle crashes;
(6) Poor performance evaluations;
(7) EEO complaints; and
(8) Tort cases against the City due to officer’s actions

406
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 306 – Officer Concern Program
.04 REFERRALS TO OFFICER CONCERN PROGRAM

  1. Computer-Generated Referrals: The Internal Affairs Unit maintains a computer database on all complaints made against officers. Referrals to the Officer Concern Program may be computer-generated by the number and type of complaints during any continuous eighteen (18) month period:
A

a. One (1) sustained formal complaint involving:

(1) Physical mistreatment of prisoners;
(2) Force;
(3) Family violence;
(4) Alcohol or drug abuse;
(5) An act resulting in the complainant being seriously injured;
(6) Racial/Biased Profiling;
(7) Insubordination; or
(8) Significant Behavioral Infraction

b. Three (3) complaints in any combination of the following:

(1) Formal complaints;
(2) Administrative reviews;
(3) Deactivated cases, based solely on complainant waiver.

c. One (1) criminal activity complaint supported by credible evidence or which results in an arrest, or formal charges by “indictment,” “information,” “complaint,” or other charging instrument.

d. Four (4) complaints comprised of any combination of formal or line complaints.
Complaints which are addressed through the chain of command are considered line complaints for the purpose of this procedure.

e. Three (3) chargeable city vehicle crashes within a eighteen (18) month period.

f. Any combination of four (4) driving-related complaints and/or chargeable city vehicle crashes within a eighteen (18) month period.
(For example: 2 accidents and 2 complaints or
1 accident and 3 complaints)

407
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 306 – Officer Concern Program

.05 OFFICER CONCERN PROGRAM BOARD

A. The Officer Concern Program Board, hereafter referred to as the Board, is comprised of seven (7) voting members appointed by the Chief of Police.

The members are of the following ranks:

  1. A Division Commander who serves as the chairperson;
  2. A Captain;
  3. A Lieutenant;
  4. A Sergeant;
  5. A Detective-Investigator; and
  6. Two (2) Police Officers.
A

B. Board members must have a minimum of five (5) years seniority with the Department and must not have incurred a suspension during the previous twelve (12) months.

C. Board members serve six (6) month terms.

D. All Board members shall sign a pledge of confidentiality.

E. Five (5) Board members must be present to conduct a hearing.

F. A non-voting Staff Psychologist will be appointed to the Board.

G. A non-voting specialist may also be appointed to the Board by the Board Chairperson.

408
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 306 – Officer Concern Program
.06 PRELIMINARY REVIEW PANEL

A. The Preliminary Review Panel is comprised of three (3) officers of any rank from the existing Board.

  1. Two (2) members are appointed by the Chief of Police.
  2. One (1) member is appointed by the San Antonio Police Officers’ Association.

B. Preliminary Review Panel members serve the same six (6) month terms as the existing Board members.

C. All three (3) Preliminary Review Panel members must be present to conduct a preliminary review of an officer case study.
The subject officer does not appear before the Preliminary Review Panel.

D. The Preliminary Review Panel will review the case studies prepared for officers who have become candidates for the Officer Concern Program to determine which cases should be reviewed by the entire Board.

E. The Preliminary Review Panel only reviews officer case studies where the recommendations for the majority of the complaints which caused the referrals are either unfounded for formal complaints or no disciplinary action for line complaints.

A

F. The Preliminary Review Panel will determine by majority vote whether or not to send the officer’s case study to the entire Board for review.

  1. The Preliminary Review Panel will notify the Board Chairperson of its decision in writing.
  2. Case studies not forwarded to the entire Board for review are returned to the Officer Concern Program Coordinator and will remain on file in that office.
  3. In cases not forwarded to the Board, an officer will again become a candidate for the program if an additional complaint is received within eighteen (18) months of the original complaint which caused the referral.
409
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 306 – Officer Concern Program
.07 OFFICER CONCERN PROGRAM PROCESS

A. Officer Notification

  1. The Officer Concern Program Coordinator notifies the officer, in writing, he/she is a candidate for the Officer Concern Program.
  2. The Officer Concern Program Board Chairperson notifies the officer as to the date and time his/her presence is required at a Board hearing.
    a. The officer’s presence at the Board hearing is mandatory; and

b. The officer may have a supervisory officer present, but the supervisor’s presence is
* optional and voluntary*.

A

B. Board Hearing

  1. The Officer Concern Program Coordinator briefs the Board on the officer case study.
  2. The officer candidate is allowed to participate in the Board hearing to provide additional information and to explain the behavior in question.
    The officer is then excused while the Board members deliberate.
  3. The Board members discuss the case and, by written secret ballot, make recommendations whether or not to enter the officer into the Officer Concern Program.
    a. If the majority vote is to enter the officer into the Officer Concern Program, the Board develops a “Plan of Action” to be recommended to the Chief of Police for his review and consideration.
    b. If the majority vote is not to enter the officer into the Officer Concern Program, any additional complaints within the eighteen (18) month cycle will cause the officer to become a candidate again. The eighteen (18) month cycle begins from the date of the complaint which caused the referral to the Officer Concern Program.
  4. If the officer is entered into the Officer Concern Program, the Board Chairperson meets with the Chief of Police to review the Board’s recommendation and Plan of Action.
  5. The Chief of Police may approve, modify, or reject the Plan of Action.
    a. If the Chief of Police approves or modifies the Plan of Action, a written order is issued to the officer.
    b. If the Chief of Police rejects the Board’s recommendation or Plan of Action, the officer’s status changes to potential candidate.
  6. If the Chief of Police approves the Plan of Action, a meeting is called by the Officer Concern Program Board Chairperson and includes the following persons:

a. Chairperson;
b. Officer (candidate);
c. The officer’s immediate supervisor;
d. The officer’s Division Commander;
e. A Board member holding the same rank as the officer; and
f. If temporary reassignment is part of the Plan of Action, the supervisor responsible for supervision of the officer during the temporary reassignment.

  1. At the meeting, the Board Chairperson explains the Plan of Action (written order) to all attendees.
    The Plan of Action is then signed by the officer and the Board Chairperson.
410
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 306 – Officer Concern Program
.07 OFFICER CONCERN PROGRAM PROCESS

.08 POST BOARD HEARING ACTIONS

A. The officer’s immediate supervisor monitors the officer’s progress while assigned to a Plan of Action and reports his findings to the Board Chairperson, the officer’s Captain, and the Officer Concern Program Coordinator on a weekly basis.
Should the officer be transferred to another unit or be placed under another supervisor, the initial supervisor responsible for monitoring the officer shall notify the Board Chairperson and the Officer Concern Program Coordinator and notify the officer’s new supervisor of the officer’s Plan of Action.
The new supervisor will then be responsible for monitoring the officer and reporting his findings as described above.

B. The Officer Concern Program Coordinator advises the Board Chairperson and the officer’s Captain of additional incidents which have generated complaints which occur during the officer’s assignment to a Plan of Action.

C. Based on the findings reported by the immediate supervisor and the Board Chairperson, the Board recommends to the Chief of Police whether the officer should be removed from the Officer Concern Program or needs further behavior modification.

D. Any additional complaints resulting from incidents occurring after the completion of a Plan of Action within the eighteen (18) month cycle will cause the officer to become a candidate again.
The Officer Concern Program Coordinator will update the officer’s case study and it will be reviewed by the Preliminary Review Panel.

E. The eighteen (18) month cycle begins on the date that the officer completes the Plan of Action.

A

.09 OFFICER CONCERN PROGRAM ANNUAL EVALUATION

A. The Officer Concern Program Coordinator will complete an annual written evaluation of the Officer Concern Program to determine the Program’s effectiveness and to recommend any modifications which need to be made.
The annual evaluation will be presented to the Chief of Police, and at a minimum, will include the following:

  1. Number of officers referred to the Officer Concern Program during the calendar year;
  2. Most common method of referral;
  3. Most common remedial action taken; and
  4. The effectiveness of the Officer Concern Program.
411
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 307 – Public and Media Information

.01 INTRODUCTION

This procedure provides members of the Department with direction regarding the official dissemination of information to the public and media.

.02 DISCUSSION

A. Police activities, by their very nature, generate a great deal of public and media interest.
Major police incidents, such as officer-involved shootings, hostage incidents, major crimes, and large-scale operations significantly heighten levels of public exposure and scrutiny.

B. Police information has an extremely sensitive aspect which must balance two major concerns.
These concerns are the constitutional guarantees involving the rights to access by the public and the right of privacy belonging to each individual.

C. Mandates from The Texas Open Records Act and the Family Code bear upon the dissemination of information in that they stipulate certain information agencies Must divulge or Shall protect.

A

.03 POLICY

It is the policy of the San Antonio Police Department to establish and maintain an open and cooperative environment in which members of the media and public may obtain timely and accurate information on all matters of community interest in a manner which does not jeopardize police operations or the rights of citizens, complainants, witnesses, and persons in custody.

412
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 307 – Public and Media Information

.04 RESPONSIBILITIES

A. The ranking officer at the scene of an incident has the following responsibilities:

  1. Releasing to the media, as soon as practical, any factual information listed under Subsection .05A;
  2. Designating a press area;
  3. Allowing access to crime scenes as soon as practical;
  4. Protecting the interests of owners or agents on whose private property a crime scene exists; and
  5. Delegating the responsibility for the release of information under Subsection .05A.

Any officer may release information listed under Subsection .05A on a police incident which does not require the presence of a Supervisory Officer
(i.e., major accidents, fires, etc.)

The Police Media Services Detail has the responsibility to coordinate media activities involving the various official functions of the Department at scenes of major police incidents.

These responsibilities include the following:

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  1. Limiting media personnel to those areas which will not interfere with operational functions and access to the location;
  2. Establishing and marking an information dissemination point or press area;
  3. Arranging interviews with appropriate personnel if and when feasible; and
  4. Preparing a written news release, if necessary.
413
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 307 – Public and Media Information
.05 RELEASE OF INFORMATION

A. Police Incidents Information

  1. The following information may be released regarding a police incident:

a. Location of the offense/incident;
b. Premises involved;
c. Time of occurrence;
d. A brief summary of the offense/incident;
e. Identification and description of a complainant (note exceptions in Section .06);
f. General description of a suspect
(note exceptions in Section .06);
g. General description and/or license number of a suspect’s vehicle may be released if it does not compromise the investigation;
h. General description of the property involved. Avoid descriptions which detail the evidence and which hinder the investigation; and/or
i. Identification of investigating officers, without compromising an undercover operation.

  1. The Officer delegated the responsibility of releasing information consults with a Supervisory Officer before releasing information not covered by this procedure.
  2. The release of information at major crime scenes or incidents is coordinated with the proper investigative unit to ensure crime scene integrity.

B. Internal Information

  1. Information regarding internal investigations is released through the Police Media Services Detail or a representative designated by the Chief of Police.
  2. Information regarding Uniform Crime Reporting (UCR) citywide statistics is released only through the Police Media Services Detail.
  3. Information regarding the interpretation of departmental policy or procedures is released through the Police Media Services Detail or a representative designated by the Chief of Police.
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.06 INFORMATION NOT RELEASED
A. Police Incidents

  1. The following information in connection with police incidents is not released:
    a. The name of a complainant or victim who is deceased or seriously injured, until a surviving relative has been notified;
    b. The name of a complainant who has been involved in any type of sexual offense;
    c. The name of a suspect, until the suspect has been booked in a jail facility or formal charges have been filed;
    d. Identification and description of witnesses;
    e. The existence or contents of statements, oral admissions, or oral confessions made by a suspect or apprehended person;
    f. Personal opinions about the suspect and/or information on evidence;
    g. Statements concerning the testimony or the truthfulness of witnesses; and
    h. Photographs of any person who is a suspect or arrested person which are taken for purposes of investigatory or criminal history record information in an ongoing investigation.
  2. Any officer encountering a citizen or media representative who is not satisfied with the officer’s response to a request for non-releasable information should refer the citizen or media representative to the officer’s immediate supervisor.

B. Internal Information

  1. Requests from the public or media for release of the home address or phone number of any member of the Department are referred to the Police Media Services Detail.
  2. Any requests from outside the Department for release of information from departmental administrative or field files are referred to the Accounting and Personnel Office.
414
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons

.01 INTRODUCTION
This procedure provides officers with the guidelines necessary for the safe carrying and handling of approved firearms and intermediate weapons.
The procedure also sets guidelines for the types of authorized weapons, ammunition, and holsters officers may carry, and provides for the approval or non-approval of all authorized weapons.

.02 POLICY

A. Officers shall carry only approved weapons while on-duty or off-duty.
The only time firearms not approved by the Department may be carried is for the purpose of participating in sporting/leisure activities
(i.e., hunting, shooting competitions, etc.)

B. While on-duty, officers shall carry one primary handgun and if approved on SAPD Form #60-RCF, Request to Carry Firearm, may carry one concealed/secondary handgun.

No more than two handguns may be carried by
on-duty officers.

C. Off-duty officers choosing to carry a handgun approved on SAPD Form #60-RCF, Request to Carry Firearm, shall do so in accordance with this procedure.

D. Officers shall strictly abide by SAPD Rules and Regulations 3.31, DISPLAYING OR DISCHARGING FIREARMS.

E. Officers working inside a police facility may store their firearms in a secure area instead of carrying the firearms on their person

F. Officers are responsible for the safekeeping and appropriate use of their firearms and intermediate weapons.

G. All officers, when in uniform, shall carry at least one (1) approved intermediate weapon.

H. All officers having been issued an Electronic Control Devices (ECD) shall carry it when in uniform.

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I. All officers having been issued a shoulder weapon shall carry it when on duty.

J. Officers must have their handguns, shoulder weapons and intermediate weapons registered with the Firearms Proficiency Control Officer (FPCO).

K. Officers seeking authorization to carry an intermediate weapon which they have not completed training with at the SAPD Training Academy must present a certificate of training from a department-approved organization which provided the training and demonstrate proficiency in the use of the intermediate weapon to the Training Academy Commander or his designee.

L. Department-issued rifles and shotguns are assigned to the duty station the officer works. Whenever an officer is promoted or transfers from their duty station, the City rifle or shotgun shall be returned to the Department armorer for an inventory check and inspection.
This does not include transfers when an officer stays at the same shift/assignment, but gets different relief days.
After the weapon is inventoried and inspected, the appropriate duty station will be contacted and advised the firearm is ready for re-issuance.

M. Suppressors (also called silencers) or any type of device attached to or part of the barrel of a firearm, which reduces the amount of noise generated by a firearm are 🚫 prohibited 🚫 from being used on all Department issued and personally-owned firearms, authorized to be carried, on or off duty by officers.
Any Unit needing to make use of a suppressor (as described above) must seek permission through their chain of command and have written approval from the Chief of Police or his designee prior to making use of such type of device.

415
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons

.05 FIREARM SAFETY RULES

A. Always treat firearms as if they are loaded.

B. Never let the muzzle of any firearm cover anything you are not willing to destroy.

C. Keep your finger off the trigger and outside the trigger guard until you are willing to shoot.

D. Be sure of your target and beyond.

E. Officers are responsible for the proper operation and safe handling of all firearms.

F. Firearms are not loaded or unloaded in any police facility except for maintenance, repair, cleaning, inspection, or processing as evidence by Crime Scene Unit investigators, or under the supervision of Training Academy Range Staff.

G. Loaded firearms, other than the officer’s primary handgun and concealed/secondary handgun, are not carried into or stored in any police facility.

H. Firearms are not left unsecured in a police facility, but are stored in a locked area not accessible to the public.

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I. Officers, both on-duty and off-duty, must carry handguns in an approved holster while carrying the handguns on their person:

  1. Officers working in casual dress code or covert/undercover assignments, as well as off-duty officers, may carry handguns in a container such as a purse, briefcase, fanny pack, carrying bag, etc.
  2. Handguns carried in containers are not required to be in a holster when such containers are designed to secure the handgun in a manner which would prevent:
    a. The handgun from becoming readily accessible to unauthorized persons;
    b. Accidental discharges; and
    c. Exposure of the handgun to the public.

J. Officers working covert/undercover assignments may carry their handguns one primary handgun, either concealed on their person, or in such a manner which makes the handgun readily available and which is under the officer’s immediate control.

K. While in a police vehicle, a shoulder weapon is carried in the vehicle transport mode:

  1. A shotgun will be transported with chamber empty, action closed, safety on; magazine tube loaded and stored in an approved shoulder weapon case inside the trunk of the police vehicle or in the vehicle mounted weapon rack. The additional rounds will be stored on the stock pouch, side saddle, or in a “GO” bag.
  2. An AR-15 will be transported with chamber empty, bolt closed, safety on, magazine inserted and stored in an approved shoulder weapon case inside the trunk of the police vehicle, along with one additional 30 round magazine loaded with 28 rounds; or secured in a vehicle mounted weapon rack.
  3. Exigent circumstances involving officer and public safety may necessitate the need for an officer to have the shoulder weapon in the vehicle in other than the vehicle transport mode.

L. Shoulder weapons, when carried to and from a police facility, are carried in vehicle transport mode, in an approved shoulder weapons case.

416
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons
.06 GENERAL RULES FOR CARRYING FIREARMS: SWORN OFFICERS

A. Uniformed Officers:

Officers wearing the regulation uniform or the officer’s unit-specific uniform shall conform to
the following:

  1. The Department-issued S&W M&P40 is the only approved primary handgun for uniformed officers to carry:
    a. The S&W M&P40 will be carried in an approved holster on the equipment belt.
    b. The S&W M&P40 will be carried with a round in the chamber and the magazine fully loaded.
    c. Two fully-loaded magazines will be carried in a magazine pouch on the equipment belt.
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  1. Upon successful completion of an approved handgun mounted weaponlight course, officers may utilize the light-bearing version of the approved duty holster along with an approved handgun-mounted weaponlight in accordance with Section .08 of this procedure.
  2. If approved, one concealed/secondary handgun may also be carried in accordance Sections .05 and .08 of this procedure.
  3. If approved, the officer may carry one (1) patrol rifle and/or one (1) patrol shotgun in accordance with Sections .05 and .08 of this procedure.
  4. Officers assigned to the Special Operations Unit may receive approval from their Division Commander to carry another approved handgun as their primary handgun.
  5. Officers of the rank of Captain or above while wearing a garrison belt will carry in an approved holster either the City issued S&W M&P40 or an optional primary handgun, in accordance with Section .08 of this procedure.
417
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons
.06 GENERAL RULES FOR CARRYING FIREARMS: SWORN OFFICERS

B. Business/Relaxed Dress:
On-duty officers wearing business/relaxed apparel shall conform to the following:

  1. Officers shall carry one primary handgun.
    Officers are encouraged to carry their department issued S&W M&P40 handgun.
  2. Officers carrying the Department issued S&W M&P40 shall carry the handgun in an approved holster in accordance with Section .05 of this procedure.
  3. Officers carrying the Department issued S&W M&P40 shall also carry a sufficient amount of reserve ammunition to allow for the complete reloading of their primary handgun.
  4. If approved, officers may carry a handgun other than the Department issued S&W M&P40 as a primary handgun in accordance with Sections .05 and .08 of this procedure.

Additionally, officers approved to carry a handgun other than the S&W M&P40 as a primary handgun shall carry it in an approved holster in accordance with Section .08 of this procedure.

  1. If approved, one concealed/secondary handgun may also be carried in accordance with Sections .05 and .08 of this procedure.
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C. Casual Dress:
On-duty officers wearing casual dress apparel shall conform to the following:

  1. Officers shall carry one primary handgun concealed on their person;
    Officers are encouraged to carry their Department issued S&W M&P40 handgun.
  2. Officers carrying the Department issued S&W M&P40 shall carry the handgun concealed on their person in an approved holster in accordance with Section .05 of this procedure.
  3. Officers carrying the Department issued S&W M&P40 shall also carry a sufficient amount of reserve ammunition to allow for the complete reloadingof their primary handgun.
  4. If approved, officers may carry a handgun other than the Department issued S&W M&P40 as a primary handgun in accordance with Sections .05 and .08 of this procedure.
    Additionally, officers approved to carry a handgun other than the S&W M&P40, as a primary handgun, shall carry it in an approved holster in accordance with Section .08 of this procedure.
  5. Officers under this section may carry their primary weapon either *on their person *or in a container such as a *purse, briefcase, fanny pack, carrying bag, etc. in accordance with Section .05 of this procedure.
  6. If approved, one concealed/secondary handgun may also be carried in accordance with Sections .05 and .08 of this procedure.
418
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons
.06 GENERAL RULES FOR CARRYING FIREARMS: SWORN OFFICERS

D. Covert/Undercover Assignments: On-duty officers working in these assignments shall conform to the following:

  1. Officers shall carry one primary handgun, either concealed on their person, or in such a manner which makes the handgun readily available and which is under the officer’s immediate control.

Additionally, the handgun shall be carried in accordance with Section .05 of this procedure.

  1. Officers carrying an approved handgun other than the Department issued S&W M&P40 as their primary weapon shall do so in accordance with Section .08 of this procedure, and shall have prior written authorization though their chain of command, from the Office of the Chief of Police or his designee.
  2. Shoulder weapons, whether issued by the Department or personally owned, will only be carried by an officer who has received written approval from his chain of command, including his Division Commander and the FPCO.
  3. The Chief of Police or his designee (supervisory officer) may authorize, in writing, officers working undercover assignments to carry an authorized weapon in a manner other than in an approved holster or approved case.
  4. If approved, one concealed/secondary handgun may also be carried in accordance with Sections .05 and .08 of this procedure.
  5. The Unit/Shift Director or his designee (supervisory officer) may authorize officers working undercover assignments not to carry a firearm for a specific assignment which may place the officer in greater danger than being armed.
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E. Off-Duty Officers:
Off-duty officers may carry approved handguns and are subject to the following requirements:

  1. The handgun(s) should be carried concealed in a safe and secure manner by officers while off-duty.

Additionally, the handgun shall be carried in accordance with Section .05 of this procedure.

  1. Officers who carry firearms while off-duty will be subject to the same policies, procedures, rules and regulations pertaining to officers while on-duty.
  2. Having a Handgun License (HL) does not relieve officers from complying with this procedure.
  3. Should officers choose to open carry while
    * off-duty*; they must also display their badge and use an approved weapon and holster in accordance with Subsection .02 of this procedure.
419
Q
San Antonio Police Department
GENERAL MANUAL
  Procedure 309 – Weapons
.07 GENERAL RULES FOR CARRYING FIREARMS:
**CIVILIAN / NON-SWORN MEMBERS**

A. Non-sworn members shall strictly adhere to COSA Administrative Directive 4.80, Violence in the Workplace.

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B. In accordance with COSA Administrative Directive 4.80, Violence in the Workplace,
non-sworn members are not prohibited from handling weapons during the course and scope of their duties, when authorized by appropriate authority and in a work related capacity.

420
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons
.08 SPECIFICATIONS FOR APPROVED FIREARMS, AMMUNITION, AND HOLSTERS

A. The Training Academy Commander or his designee shall determine the types of firearms, ammunition, holsters, and shoulder weapon cases officers are approved to carry both on- and off-duty, subject to the approval of the Chief of Police.

B. Officers who choose to carry personally-owned handguns shall submit the handguns for approval.

Officers who submit handguns which are not approved by the FPCO may submit a written appeal to the Training Academy Commander requesting a review of the denial.
The decision of the Training Academy Commander shall be final.

C. The FPCO will approve officers to carry firearms only after the following conditions have been met:

  1. The firearm has been inspected and has been found to meet the type and caliber of firearm authorized by this procedure;
  2. The firearm has been found to function properly while being fired during the Department’s qualification course;
  3. The officer requesting to carry the firearm has passed the firearms shooting qualification course, along with any other necessary training courses required by the Department with the firearm; and
  4. SAPD Form #60-RCF, Request to Carry Firearm, has been completed and approved by all applicable personnel for all firearms other than the Department issued S&W M&P40 handgun.

D. OPTIONAL HANDGUNS AS PRIMARY WEAPON: For a handgun under this section to be considered for approval, it must conform to the following:

  1. Only four (4) models of handguns will be considered as options for approval for on-duty officers to carry as a primary weapon:
    GLOCK Model 23/27,
    S&W M&P40C, or
    S&W M&P40 Shield;
  2. Must be chambered to fire the Department issued duty round;
  3. Must have a factory unaltered trigger press weight of not less than five (5) pounds;
  4. Both the slide and receiver must be black in color; and
  5. The handgun must not be equipped with a magazine drop safety.
  6. Officers approved to carry an optional handgun as a primary weapon while on-duty shall carry at least one extra fully-loaded magazine to allow for a complete re-load of the weapon.
  7. Officers approved to carry an optional handgun as a primary weapon must carry the handgun in a holster designed for the make and model of the firearm that provides at least one mechanical, retention device and makes the firearm readily available. Shoulder holsters must be in a vertical carry configuration.
  8. Officers approved to carry an optional handgun and as a primary weapon under this section shall carry the weapon in accordance with Section .05 of this procedure.
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E. HANDGUNS FOR CONCEALED/SECONDARY OR COVERT/UNDERCOVER CARRY:

For a handgun to be considered for approval under this section, it must be either:

  1. A double-action revolver with a caliber designation not less than .38 caliber, nor more than .45 caliber, that holds at least five (5) rounds of ammunition; or
  2. A semi-automatic handgun with a caliber designation not less than .380 caliber, nor more than .45 caliber, with a minimum magazine capacity of five (5) rounds of ammunition.
  3. Officers approved to carry a handgun under this section must carry the handgun in a holster that is designed for the make and model of the firearm that provides at least one mechanical, retention device and makes the firearm readily available. Shoulder holsters must be a vertical carry configuration.
    Concealed holsters may consider the garment providing concealment as the retention device.
  4. Officers approved to carry a concealed/secondary weapon under this section shall carry the weapon in accordance with Section .05 of this procedure.

F. SHOULDER WEAPONS:
For a shoulder weapon to be considered for approval it must be, or have, as part of its associated equipment:

  1. A 12-gauge pump shotgun with a barrel length of 18 to 20 inches with a minimum five (5) round magazine tube and a manual-of-arms matching to the department-issued patrol shotgun. The weapon must have been produced and assembled by a reputable manufacturer.

a. The shotgun shall have a 1, 2, or 3 point sling.
b. The shotgun may have bead, rifle, or “Ghost Ring” sights permanently affixed to the weapon.
c. The shotgun may also have a non-magnifying optical sight in addition to the iron sights.
d. The shotgun may have a retractable stock, and/or pistol grip.
e. The officer must provide either a side-saddle, stock-pouch or like designed device affixed to the weapon that has the capability to hold any additional rounds issued for duty carry.
f. Any personally-owned shotgun shall conform to all specifications required by the Training Academy and must be inspected and approved by the FPCO and/or the Armorer prior to use.

  1. An AR-15 style rifle in 5.56 mm/.223 caliber only, with a barrel length of 16 to 20 inches (with or without flash suppressor), and manufactured by a reputable major manufacturer.
    This means the continuous barrel length (portion measured from the bolt face, with bolt closed, to the muzzle) must be a minimum of 16 inches.
    The barrel length excludes any device which is either permanently or temporarily affixed to the barrel, and:

a. Must have a metal receiver.
b. Must have a minimum of two-30 round magazines, each magazine shall be loaded with 28 rounds.
Each magazine shall have that number (28) marked with an indelible marker on the outside of each magazine.

c. May have a 1, 2, or 3 point sling.
d. Must have adjustable iron sights affixed to the receiver.
e. Optics –May have a non-magnifying optical sight in addition to the adjustable iron sights.

  1. Upon completion of an 8 hour proficiency course officers may utilize:

i. Magnifier – a magnifier is a magnification device that can be affixed to the patrol rifle behind the officer’s existing non-magnified red dot sight.
The magnifier cannot exceed five power (5x) of magnification.
The magnifier must be attached to the patrol rifle with a side flip mounting system. The patrol rifle must have functional iron sights affixed to the rifle at all times.

ii. Variable powered optic 1-4 – A variable powered optic is defined as: an optic that the power of magnification can be changed from no power, or non-magnified up to a higher power of magnification not to exceed four power (4x).
The tube body of the optic must measure at least 30mm in diameter.
It must be manufactured by a reputable manufacturer, designed for Law Enforcement use.
It must have an illuminated sight reference (ie Dot, chevron, crosshair).
It must have a reticle that remains visible with or without battery power.
The Officer should use a cover or flip up lens protection for his/her optic while in transport.
It must have a quick detach mounting system to attach the optic to the patrol rifle to allow for removal if necessary.
The patrol rifle must have functional iron sights affixed to the rifle at all times.

f. A quick detachable mount for the non-magnifying optical sight is optional, but preferable for electric powered optical sights.
g. Must have a factory unaltered trigger press weight of not less than 4 pounds.
h. May have a fixed or adjustable stock.
i. The officer must provide a magazine pouch, coupler, drop pouch, or like designed device that can hold at least one (1) 30 round magazine loaded with 28 rounds.
j. Shoulder weapons shall conform to all specifications required by the Training Academy and must be inspected and approved by the FPCO and/or the Armorer prior to use.
k. Officers must provide a shoulder weapon case that conforms to Section .08 of this procedure.

421
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons
.08 SPECIFICATIONS FOR APPROVED FIREARMS, AMMUNITION, AND HOLSTERS

G. AMMUNITION:
Officers shall carry only approved ammunition.

  1. Handguns:
    a. Officers shall carry and fire only Department issued duty ammunition in their Department issued handguns and/or in personally-owned optional handguns approved for use as a primary duty weapon under Section .08 of this procedure.

b. Non-department issued ammunition must be inspected, approved, and registered by the FPCO prior to an officer attempting to shoot any qualification courses with the ammunition or carry it on duty.
This applies to ammunition used for all personally-owned handguns.

c. Any additional ammunition officers choose to carry in emergency response equipment designed for primary weapons or shoulder weapons must be new, non-reloaded ammunition of the same manufacturer, brand, caliber, weight, and velocity as Department issued duty ammunition.
d. Officers are responsible for providing their own duty ammunition for all personally-owned handguns.

This includes the ammunition needed for the Department’s training and qualification courses.

  1. Shoulder Weapons Training:

a. Officers approved to carry shoulder weapons (Department issued and personally-owned) will be provided with Department issued training ammunition for the weapons when participating in Department-provided rifle/shotgun schools (40 hours) and rifle/shotgun in-service classes (8 hour re-qualification).
This includes ammunition for officers to carry in the weapons while on-duty.

  1. Shoulder Weapon Qualification and Duty Ammunition:
    a. Officers approved to carry Department issued shoulder weapons will be provided with the ammunition needed.
    b. Officers approved to carry personally-owned shoulder weapons will be provided with the ammunition needed.
    c. Any additional ammunition officers choose to carry in emergency response equipment designed for primary weapons or shoulder weapons must be new, non-reloaded ammunition of the same manufacturer, brand, caliber, weight, and velocity as Department issued duty ammunition.
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H. HOLSTERS:
Holsters and cases shall be inspected and approved by the FPCO prior to being carried by officers.
For a holster to be considered for approval, it must be a holster that is designed for the make and model of the firearm that provides at least one mechanical, retention device, and makes the firearm readily available.
Shoulder holsters must be a vertical carry configuration.
Concealed holsters may consider the garment providing concealment as the retention device.

  1. Uniformed officers shall utilize the Safariland Model 6360 ALS Duty Holster to carry the S&W M&P40.
  2. Upon successful completion of an approved handgun mounted weaponlight course uniformed officers may utilize the light bearing version of the Safariland Model 6360 ALS Duty Holster to carry the S&W M&P40.

I. SHOULDER WEAPONS CASES:
Cases shall be inspected and approved by the FPCO prior to being carried by officers.
For a case to be considered for approval, it must be a case that is designed for the make and model of the shoulder weapon that provides the ability to carry extra magazines and associated equipment, and makes the weapon readily available.

422
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons
.09 GENERAL INFORMATION FOR PERSONALLY-OWNED HANDGUNS OR SHOULDER WEAPONS

A. All personally-owned firearms, carried on or off-duty by officers, must be approved by the FPCO, and registered with the Department prior to the officer carrying the firearms.
Officers shall register personally-owned firearms with the FPCO or his designee by completing SAPD Form #60-RCF, Request to Carry Firearm.

B. Officers who sustain loss, theft, or damage to their personally-owned handguns, shoulder weapons, holsters, or shoulder weapon cases may receive reimbursement for the cost of replacement or repair in accordance with the current Collective Bargaining Agreement.

C. The Department will not provide officers with replacement handguns or shoulder weapons when personally-owned handguns or shoulder weapons are taken into custody for evidence, or when repairs or modifications are conducted.

D. The FPCO or his designee will check all firearms officers want to carry for stolen in the NCIC/TCIC files, and document the results on SAPD Form #60-RCF, Request to Carry Firearm, prior to approving and registering the firearms.

  1. Any firearms found to be stolen will be impounded into the Property Room.
  2. The FPCO (supervisor) or another supervisor will ensure the officer in possession of a stolen firearm writes a report indicating the circumstances of his possession of the firearm. The report will be forwarded to the officer’s division commander and the Office of the Chief.
  3. The FPCO (supervisor) or the supervisor notified of a stolen firearm will ensure an offense report is written regarding the stolen firearm.
    The original report will be routed to the Records Office and copies will be forwarded to the follow-up unit, the officer’s division commander, and the Office of the Chief.
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.10 OBTAINING APPROVALS TO CARRY SHOULDER WEAPONS

A. Officers shall receive written approval on SAPD Form #60-RCF, Request to Carry Firearm, from their division commander prior to attending shoulder weapon training and carrying a shoulder weapon.

B. A Patrol Division Commander shall request officers for the Shoulder Weapon Program (Department-issued weapons) based on availability within a specific district or section.

C.   Upon written approval on Form #60-RCF, Request to Carry Firearm, from the FPCO, an officer may be approved to carry one (1) personally owned rifle and/or one (1) personally owned shotgun with the approval and registration by the Department for police use. 
Only one (1) shoulder weapon will be Department-issued.

D. Officers will be allowed to carry only approved shoulder weapons (Department-issued or personally-owned), while on-duty.

E. Officers shall carry shoulder weapons in accordance with the guidelines listed in their SOP, as well as this procedure.

423
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons
.11 PREPARATION, HANDLING, AND DEPLOYMENT OF HANDGUNS AND SHOULDER WEAPONS

A. Preparations, handling, and deployment instructions for all authorized weapons shall be incorporated into the firearms training courses established by the Training Academy Commander and/or the Special Operations Unit staff.
Division Commanders who authorize the carrying of shoulder weapons shall ensure preparations, handling, and deployment guidelines for these weapons are included into their SOP manuals.

B. The Department issued S&W M&P40 handgun and other semi-automatic handguns are carried with a live round in the chamber and all magazines fully loaded.

C. Revolver handguns shall be carried with a live round in each chamber of the cylinder.
Revolvers shall not be carried in the cocked position.

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.12 LESS LETHAL MUNITIONS

A. Less lethal munitions are extended range impact projectiles designed to safely incapacitate potentially dangerous person(s) from a distance that minimizes the danger to agents and citizens. Projectiles are fired or launched for the purpose of causing blunt trauma, which is used to encourage compliance and overcome resistance with a reduced likelihood of causing death. The department authorizes the use of approved 12-gauge, 40 mm, and 37 mm less lethal devices

B. Prior to firing less lethal rounds from either a 12-gauge shotgun or 37mm launcher, officers shall:

  1. Unload all ammunition from the weapon;
  2. Visually and manually inspect the breech and magazine or cylinder of the weapon to ensure that all ammunition has been removed from the weapon;
  3. Load the less lethal munitions into the weapon, visually inspecting each round prior to insertion, ensuring that the ammunition which is being loaded is the correct less lethal munitions; and
  4. Whenever possible, a second officer shall observe and verify all stages of the unloading of the weapon and the loading of all less lethal munitions.

C. When deploying less lethal munitions, the preferred target areas are the arms, shoulders, thighs, knees, or shins of the subject. The operator should not intentionally target the head/neck, thorax, heart, groin, or spine of the subject.

424
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons
.13 FIREARMS QUALIFICATION AND REGISTRATION OF FIREARMS

A. The Texas Commission on Law Enforcement (TCOLE) mandates certified Texas peace officers qualify with all firearms they carry, either on or off-duty, at least once every calendar year.

B. HANDGUNS: Qualifying with a Department issued S&W M&P40 handgun, and personally-owned handguns:

  1. All officers must qualify each calendar year with their assigned Department issued S&W M&P40 handgun. All officers shall qualify wearing the Sam Browne duty belt which conforms to the regulation uniform code when qualifying with their duty handgun.
  2. Officers wanting to qualify with a handgun, other than their Department issued S&W M&P40 must have the handgun, holster, and ammunition approved in accordance with Section .08 of this procedure.
  3. To qualify with handguns, officers must score a minimum of seventy percent (70%) on the Department’s established course of fire as administered and scored by the FPCO or his designee.
  4. Officers are afforded two (2) attempts on a given day at qualifying with the Department issued S&W M&P40 handgun on the day and time of an officer’s scheduled Departmental in-service qualification period, or at such other time as scheduled by the FPCO.
  5. Officers are afforded two (2) attempts on a given day at qualifying with personally-owned handguns. Personally-owned handgun qualifications will be scheduled according to the dates and times established by the FPCO or his designee.
A

C. Failure to Qualify with a Department Issued Handgun:
1. In addition to not scoring a minimum of seventy percent (70%) on the established course of fire, unsafe behavior or failure to demonstrate the proper functioning or handling of a handgun are also grounds for failure to qualify.

  1. Officers who fail to qualify during their scheduled departmental in-service qualification period or who do not qualify during a calendar year with a Department issued handgun will:a. Surrender their Department issued handgun to the FPCO;
    b. Surrender their Department issued shoulder weapon to the FPCO, if assigned to a Department Shoulder Weapon Program. The officer will be removed from the Department Shoulder Weapon Program until further notice by a Patrol Division commander;
    c. Not be allowed to qualify with any other firearm until they have qualified with their Department issued handgun; and
    d. Not be allowed to carry any firearm, on- or off-duty.
  2. The FPCO shall immediately notify the Training Academy Commander when an officer fails to qualify after two attempts with his Department issued handgun
  3. Officers failing to qualify are prohibited from wearing the police uniform or working off-duty employment in city facilities or outside employment, which requires an extension of police services, until they qualify.
  4. When scheduled, the officer will be given two (2) new attempts to qualify and must score a minimum of seventy percent (70%) on the Department’s established course of fire as administered and scored by the FPCO. The FPCO shall immediately notify the Training Academy Commander when an officer fails to qualify after the fourth attempt.
  5. In the event an officer fails to qualify after the fourth attempt, the Training Academy Commander contacts the Office of the Chief of Police to place the officer on special assignment to the Training Academy. The officer will attend a sixteen (16) hour firearm remediation course at the Training Academy.
  6. Upon completion of the firearms remediation course, officers are given two (2) final attempts to qualify and must score a minimum of seventy percent (70%) on the Department’s established course of fire as administered and scored by the FPCO.
  7. Officers who qualify on one of their two (2) final attempts are released from special assignment and returned to their assigned units. The officer will resume his police duties and may resume working off-duty employment in city facilities and outside employment. All officers who are assigned to the remediation course shall be required to attend quarterly remedial firearms training.
  8. Officers who fail to qualify on their final attempts are retained on special assignment, with a recommendation for termination sent to the Chief of Police.

D. Failure to Qualify with Personally-Owned Handguns

  1. Officers who fail to qualify after the second attempt on a given day will not be approved to carry the handgun.
  2. Additional attempts to qualify may be scheduled with the officer by the FPCO or his designee.
425
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons
.13 FIREARMS QUALIFICATION AND REGISTRATION OF FIREARMS

E. SHOULDER WEAPONS:
Qualifications to carry a Shoulder Weapon

  1. The Training Academy Commander shall post on the SAPD Intranet (S.A.M. Resources, Training Academy On-Line Registration) the dates and times when shoulder weapon training courses will occur.
  2. Division commanders who have approved officers to attend shoulder weapon training will schedule their officers for shoulder weapon training and provide the FPCO with the original SAPD Form #60-RCF, Request to Carry Firearm.
  3. Officers shall pass the Basic Patrol Rifle Course or the Basic Patrol Shotgun Course administered and scored by the FPCO or his designee prior to being approved to carry a shoulder weapon. The FPCO, his designee and/or the Certified Firearms Instructor assigned to the Special Operations Unit will issue the officer written notification on SAPD Form #60-RCF, Request to Carry Firearm, advising the officer if he is authorized to carry a shoulder weapon.
  4. Officers shall qualify annually with all Department issued and/or personally-owned shoulder weapons as mandated by TCOLE.
  5. All officers assigned to a Department Shoulder Weapon Program shall be required to qualify with the Department issued S&W M&P handgun. The qualification score shall be based on the annual in-service qualification course of fire. Additionally, all officers will be required to fire a qualification course of fire on the first day of the designated rifleman/shotgun 40 hour school. Those officers, who fail to qualify will not be permitted to participate in the school and will be returned to their duty assignment.
  6. Shoulder weapon qualification criteria for officers assigned to the SWAT Detail shall be determined by the Certified Firearms Instructor assigned to the Special Operations Unit, with approval from the FPCO and the Commander of the Tactical Support Division.
A

F. Failure to Qualify with a Shoulder Weapon

  1. Officers failing to qualify on any Departmental qualification courses with a shoulder weapon after two (2) attempts shall not be authorized to carry a shoulder weapon. The FPCO will issue the officer and their supervisor a written notification on SAPD Form #60-RCF, Request to Carry Firearm, advising the officer he is not authorized to carry a shoulder weapon.
  2. The officer’s division commander will be notified by the FPCO when an officer fails to qualify after two (2) attempts with a shoulder weapon.
  3. Officers failing to qualify with a shoulder weapon shall surrender their Department issued shoulder weapon to the FPCO. The officer will be removed from the Department Shoulder Weapon Program until further notice by a Patrol Division commander.
  4. With approval from the officer’s division commander, the FPCO may reschedule a final qualification attempt for officers who have failed shoulder weapon qualification.

G. Approval/ Denial and Registration of Firearms

  1. Upon successful completion of the Department’s established Firearms Qualification Courses with a handgun or shoulder weapon, the FPCO will register the firearm(s) with the Department in the following manner:
    a. Complete SAPD Form #60-RCF, Request to Carry Firearm, indicating approval or denial for the officer to carry the handgun(s) and/or shoulder weapon. The FPCO or his designee and the officer requesting approval, shall sign SAPD Form #60-RCF, Request to Carry Firearm, indicating knowledge of approval or denial of the request;
    b. The FPCO or his designee will give the officer a completed copy of SAPD Form #60-RCF, Request to Carry Firearm;
    c. The officer will route a copy of the completed SAPD Form #60-RCF, Request to Carry Firearm, through his chain of command to his division commander. The officer’s unit/shift director shall file a copy of the form in the officer’s field file; and
    d. The FPCO shall maintain and file the original SAPD Form #60-RCF, Request to Carry Firearm, and shall register the information on the firearm(s) in the police firearms computer program.
  2. Officers who no longer choose to have a personally-owned weapon registered with the Department will submit a written report to the FPCO requesting the handgun, rifle, or shotgun be removed from the officers’ approval list. Officers will also route a copy of the report through their chain of command.
426
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 309 – Weapons
.14 MAINTENANCE, REPAIRS, AND MODIFICATIONS OF FIREARMS

A. Only the Department Armorer, the Academy assigned FPCO, or certified range staff will conduct repairs, modifications, or change parts to department-issued firearms.

B. Officers who desire to have any modifications or to change any parts to a firearm shall make a request in writing to the FPCO who shall have the final decision regarding modifications and the changing of parts to firearms.

C. The Department will not be responsible for making repairs to personally-owned firearms, and will not reimburse officers for the cost of repairs or maintenance of personally-owned firearms.

A

D. In the event a personally-owned firearm becomes damaged or inoperative, the officer may opt to have a non- department armorer repair the firearm at his own expense. This repair must be reported to the FPCO in writing. The FPCO or his designee will inspect the firearm after the repair and prior to the officer carrying the firearm.

E. Upon discovering unauthorized repairs, modifications, or parts to any Department-issued firearm, the FPCO notifies another Firearms Range staff member in order to verify the unauthorized repairs, modifications or parts, and;

  1. If the firearm is a Department-issued firearm, the Armorer, the FPCO, or his designee makes the required repairs or changes so the firearm meets Departmental specifications; or
  2. If the firearm is a personally-owned firearm, the Academy assigned FPCO or Academy assigned range staff shall document the incident on SAPD Form #60-RCF, Request to Carry Firearm, and advise the officer the firearm is not approved to be carried by the officer for police use; and
  3. The FPCO will submit a written report to the Training Academy Commander detailing the unauthorized repairs, modifications, or parts. The Training Academy Commander shall notify the officer’s division commander for possible disciplinary action against the officer. All disciplinary action shall be handled in accordance with GM Proc. 303, Disciplinary Procedures.
427
Q
San Antonio Police Department
GENERAL MANUAL
  Procedure 309 – Weapons
.15 RESPONSIBILITIES
A. Training Academy Commander:
   1. Is the custodian of the departmental weapon ranges and establishes safety rules for these ranges and other weapon ranges utilized by the Department.
   2. Ensures training and qualification courses are established and documented for authorized weapons.
   3. Appoints the FPCO and his designees.
   4. Notifies the Office of the Chief of Police, the Internal Affairs Unit, and the officer's division commander when:    a. An officer fails to qualify with their Department issued handgun; and    b. An officer’s qualification is about to expire or has expired due to a lapse of time.
A

B. Firearms Proficiency Control Officer:

 1. Is in charge of the departmental weapon ranges during firearm exercises;
 2. Ensures all persons on the weapon ranges adhere to the range safety rules;
 3. Inspects, approves, and documents all firearms, holsters, ammunition, and shoulder weapon cases officers are authorized to carry, both on- and off-duty, for police use;
 4. Makes repairs, modifications, and changes parts on Department-issued firearms.
 5. Establishes and maintains all firearms training, and records officers’ training and the information on officers’ weapons into the Police Firearms computer program;
 6. The FPCO or his designee administers and scores the firearms qualification process for all officers; and
 7. Notifies the Training Academy Commander in writing when;    a. An officer fails to qualify with their Department-issued handgun;    b. An officer’s qualification is about to expire or has expired due to a lapse of time; and    c. An officer has made unauthorized repairs, modifications, or has changed parts on an authorized weapon.

C. Armorer

 1. Maintains the Armory and Supply Office and issues authorized supplies when needed.
 2. Makes repairs, modifications, and changes parts on Department issued firearms.
 3. When OC spray/gel canisters, or an ECD or related equipment are returned to the Armory by officers, the Armorer replaces the equipment and completes the appropriate section of SAPD Form 62-RFI, Receipt for Issue/Replacement OC Spray/Gel and/or ECD. The Armorer forwards a copy of the form to the Internal Affairs Unit.
428
Q
San Antonio Police Department
GENERAL MANUAL
  Procedure 309 – Weapons
.15 RESPONSIBILITIES
D. Section Commanders/Unit Directors:
  1. Ensure officers under their command or direction carry only authorized weapons as defined in this procedure.
  2. Maintain an inventory list of all shoulder weapons assigned to their personnel and unit.
  3. When officers are transferred from their duty station, they ensure that any Department-issued rifles or shotguns assigned to them are returned to the San Antonio Police Department Armory, in a clean condition, to allow the armorer to inventory the equipment and to inspect the firearm.

E. Supervisory Officers:

  1. Ensure through periodic inspections that officers under their supervision carry only approved firearms, holsters, ammunition, and intermediate weapons as defined in this procedure, and all equipment is in proper working order.
  2. Verify information on any approved firearms checked in or out of the Ready Room by officers is properly entered into the weapon’s logbook.
  3. When the Armory is closed, verify information entered in the appropriate section of SAPD Form 62-RFI, Receipt For Issue/Replacement of OC Spray/Gel and/or ECD, by officers returning OC spray/gel canisters or replacing an ECD or cartridges to the Ready Room and also verify information entered into the OC spray/gel and/or ECD logbook when officers check out replacement equipment.
  4. Must have knowledge of all weapons carried by personnel under their supervision.
A

F. All Officers

   1. Carry only authorized weapons, ammunition, and holsters, on-duty or off-duty, in accordance with this procedure.
   2. Maintain qualifications on all authorized weapons they carry, and ensure the weapons function properly at all times.
   3. Allow only the Department Armorer, the Academy assigned FPCO or the Academy Range Staff to make repairs, modifications, or changes of parts to any Department-issued
   4. Officers carrying any Department-issued approved firearm or ECD which is damaged or inoperative shall immediately return the firearm or ECD to the Amory for inspection and/or repair. If the Armory is closed, a supervisor shall accompany the officer to the Ready Room to obtain a spare firearm or ECD to replace the damaged or inoperative department-issued firearm or ECD. A written report listing the malfunction or damage shall be attached to the firearm or ECD and a copy of the report is routed through the officer’s chain of command to his Division Commander.
   5. The loss or theft of a Department-issued or personally-owned approved firearm shall immediately be reported to the FPCO or his designee, Department Armorer, and a supervisory officer.    a. If the loss or theft occurred inside the city limits, the supervisory officer will ensure an offense report is written.    b. If the loss or theft occurs in another jurisdiction, the officer shall immediately notify the appropriate law enforcement agency and ensure a report is written by the agency.    c. The officer shall write an incident report under an SAPD case number detailing the loss or theft.    d. The officer routes a copy of his report documenting the loss or theft through his chain of command and to the Armorer.
   6. Any officer who transfers from one duty station to another shall return their Department-issued rifle or shotgun to the armory, in a clean condition. The Armorer shall conduct an inventory of the equipment and inspect the firearm.
   7. Any officer discharging a firearm accidentally or intentionally, except while training on a shooting range or while lawfully hunting wild game, shall immediately notify an on-duty supervisor and report the incident in writing, through his chain of command, to the Division Commander in accordance with Rule and Regulation 3.31, Subsection D.    a. The supervisor notified will review all the circumstances surrounding the firearm discharge to ensure all policy, training, weapon/equipment, and discipline issues are addressed.    b. Upon completion of his initial review, the supervisor will handle in accordance with GM Proc. 303, Disciplinary Procedures.    c. The officer’s initial report and the supervisor’s written review and recommendations are then forwarded through the chain of command for final review and disposition.    d. The Division Commander shall review the reports and recommendations, and based on the merits, substance, and gravity of the incident, will request further investigation, implement discipline in accordance with the current Collective Bargaining Agreement, or recommend no disciplinary action.    e. Regardless of the outcome, all reports with recommendations will be routed to the Internal Affairs Unit and will be maintained on file in accordance with the Department’s retention schedule.
  1. Any officer discharging an intermediate weapon accidentally or intentionally shall immediately notify an on- duty supervisor and report the incident in writing, through his chain of command, to his Division Commander; all requirements of Subsection .06 (a-e) will apply.
  2. Any officer who uses oleoresin capsicum (OC) spray/gel shall return the OC spray/gel canister, even if partially used, to the Armory or Ready Room to obtain replacement equipment prior to the end of his tour of duty. Fired ECD cartridges are replaced prior to the end of the officer’s tour of duty.
    a. If the Armory is closed, a Supervisor shall accompany the officer to the Ready Room to replace the used OC spray/gel canister or fired ECD cartridges.
    b. SAPD Form #62-RFI, Receipt for Issue/Replacement OC Spray/Gel and/or ECD, shall be completed by the officer (and the supervisor when applicable).
    (1) It is attached to the used OC spray/gel canister.
    (2) For an ECD and/or cartridge, one copy of the replacement receipt shall be left in a designated receptacle in the Ready Room
429
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 311 – Court Appearances

.01 INTRODUCTION

A. This procedure establishes departmental policy regarding court and pre-trial conference attendance by members.

B. This procedure also provides guidelines for the stand-by process, compensation for attending court, dress code requirements, and for court absences.

.02 ATTENDANCE REQUIREMENTS

A. Courts in this agency’s jurisdiction utilize officers’ written reports, sworn affidavits, or complaints at preliminary court proceedings and arraignments in lieu of an officer’s presence.

B. If members are needed to attend court, preliminary court proceedings, or pre-trial conferences, they are subpoenaed or notified by the Court Liaison Detail by computer-generated notice, fax notice, or telephone.

C. Members subpoenaed or notified by the Court Liaison Detail to attend court or a pre-trial conference held in the Bexar County Courthouse or Justice Center shall check-in with the Court Liaison Detail prior to reporting to court for a pre-trial conference.

  1. Members attending all other courts sign in with the Court Bailiff.
  2. Officers provide verification of attendance in a court or pre-trial conference by submitting a completed court attendance card signed by Court Liaison Detail personnel.
    The Court Liaison Detail personnel shall write on the court attendance card, the date and time the officer attended the court or pre-trial conference, and the date and time the officer was dismissed.
    If the officer received a subpoena or other notice to appear, the subpoena or notice shall be attached to the court attendance card or overtime card.
  3. If an officer attends a court, a hearing, or a pre-trial conference at a location other than the Bexar County Courthouse, the Bexar County Justice Center, or the City’s Municipal Court, the officer shall
    write a report and attach it to the overtime card
    along with the notice to appear indicating:
A

a. The name of the court or hearing attended;
b. The dates and times the officer appeared;
c. The reason for the officers attendance in the court or hearing; and
d. The name and phone number of a contact person from the court or hearing who can verify the officer’s attendance.

430
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 311 – Court Appearances

.02 ATTENDANCE REQUIREMENTS

D. Off-duty members dismissed by a county or district court or after completing a pre-trial conference shall also check-out with the Court Liaison Detail.

E. If a member is needed to testify in a proceeding, he is notified by Court Liaison Detail personnel his attendance is necessary.
Members shall fully cooperate with the directions of the Court Liaison Detail.

A

F. When a member is required to attend two different courts at the same time,
he attends the higher court and notifies the lower court and/or Court Liaison Detail of his whereabouts.
When a member is required to attend a court and a pre-trial conference at the same time,
he attends court and notifies the Court Liaison Detail so the pre-trial conference can be rescheduled.

G. Members do not testify in a civil proceeding unless they are properly subpoenaed by either the plaintiff or the defendant in the case.
Immediately upon receiving a civil subpoena, members shall notify their chain of command and contact the Legal Advisor’s Office to see if an attorney needs to review the civil case.

431
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 311 – Court Appearances
.03 COURT LIAISON DETAIL

A. The Court Liaison Detail, located in the Bexar County Criminal Justice Center, is manned by members of the San Antonio Police Department.

B. The Court Liaison Detail is open from:
0745 hours to 1630 hours,
Monday through Friday.

C. The Court Liaison Detail supplies officers with court attendance cards and information regarding the status, progress, or disposition of a case in their respective court.
Officers should contact the Court Liaison Detail whenever any court-related question or problem arises.

A

.04 SUBPOENA PROCESS -
DISTRICT and COUNTY COURTS

A. Most subpoenas for members are issued by District and Bexar County Courts are received in the Court Liaison Detail, where they are directed to the respective member’s unit of assignment.

B. All units maintain a subpoena log, which members check upon reporting for duty to determine if they have any subpoenas.
Members shall accept and sign for their subpoenas in the subpoena log and make the necessary return immediately upon receipt of a subpoena.

C. Subpoenas issued less than six (6) days prior to the court date may be delivered by Bexar County deputy sheriffs, Bexar County District Attorney’s Office investigators, or Court Liaison Detail personnel.
Members shall cooperate with the deputies, investigators, and Court Liaison Detail personnel serving subpoenas for the District and County Courts.

D. When a subpoena is issued for a date on which a member will be on vacation, the subpoena is immediately returned to the Court Liaison Office with notification the member is on vacation, with the beginning and ending dates of vacation.

E. Once a member has received a subpoena, he shall not schedule any type of leave for the date and time of the stand-by period.
If Court Liaison personnel or a judge verbally contacts a member and places them on stand-by or advises them they are to appear in a court on a specific date and time, the member may not schedule leave for the specified date and time.
A supervisor reviews the subpoena log prior to authorizing leave for members to ensure the member has no subpoenas during the period of the requested leave.

432
Q
San Antonio Police Department
GENERAL MANUAL
   Procedure 311 – Court Appearances
.05 NOTIFICATION PROCESS - 
BY COURT LIAISON DETAIL

A. The District Attorney’s Office or a judge may notify the Court Liaison Detail when a member is needed to testify in court or attend a pre-trial conference.
This notification may or may not be associated with a prior issued subpoena.

B. When the Court Liaison Detail is notified by the District Attorney’s Office or a judge that a member is needed in court or at a pre-trial conference, the Court Liaison Detail will notify the member by telephone, fax notice, or computer-generated notice.
When members receive this notification, they will obey the notification in the same manner as they would a subpoena.

C. Computer generated or fax notices are sent to the member’s unit of assignment to be logged in the unit subpoena log by a supervisory officer.

D. Members shall confirm receipt of the computer-generated or fax notices with the Court Liaison Detail.
Confirmation of receipt of the computer-generated or fax notices may be made after normal business hours by *leaving a message on the Court Liaison Detail answering machine or by sending a Mobile Data Computer (MDC) message directed to “CCL.”

E. Once a member has received notification from the Court Liaison Detail that he is needed in court or at a pre-trial conference, he shall not schedule any type of leave which will conflict with the court or pre-trial conference.
A supervisor reviews the subpoena log prior to authorizing leave for a member to ensure the member has no notifications for the period of the requested leave.

A

.06 DISTRICT and COUNTY COURT
STAND-BY PROCEDURES

A. Officers may be placed on stand-by only through a subpoena issued by the State, an order from a judge, notification from the District Attorney’s Office, or by notification from the Court Liaison Detail.

  1. When a judge places an officer on stand-by, the officer shall contact the Court Liaison Detail so the stand-by can be recorded, the stand-by hours verified, and the stand-by coordinated.
  2. When a prosecutor or defense attorney attempts to place a member on stand-by, the member shall notify the Court Liaison Detail and refer the prosecutor or defense attorney to do the same.

B. Members receiving criminal subpoenas for district or county courts are automatically placed on stand-by unless the subpoena or notice is stamped or states
“No Stand-by” or the criminal subpoena is issued for the defense.
If a member receives a reset notice, this only advises the member the case is being reset.
A reset notice is not a subpoena and does not require the member to be on stand-by.

C. The stand-by hour for all district and county courts is 1000 to 1100 hours, unless otherwise stated on the subpoena or when notified by the Court Liaison Detail.

  1. If the member will be on-duty when the stand-by is scheduled, he lists the proper telephone number of the Department and the extension where he may be reached on the “return.”
2. If the member will be off-duty when the stand-by is scheduled, he shall be available by the telephone. 
Recording devices (answering machines, voicemail, pagers, etc.) are *not* permitted during the stand-by hour.
433
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 311 – Court Appearances
.07 SUBPOENA PROCESS - MUNICIPAL COURTS

A. Subpoenas for members issued by Municipal Court are received by the respective member’s unit of assignment.

B. All units maintain a subpoena log, which members check upon reporting for duty to determine if they have any subpoenas. Members shall accept and sign for their subpoenas in the subpoena log book and make the necessary return immediately upon receipt of a subpoena.

A

C. When a subpoena is issued for a date on which a member will be on vacation, the subpoena is immediately returned to Municipal Court.
Before returning the subpoena, the back of the subpoena is completed by the member and signed by the member’s supervisor.

D. Once a member has received a subpoena, he shall not schedule any type of leave for the date and time of his scheduled court appearance.
A supervisor reviews the subpoena log prior to authorizing leave for a member to ensure the member has no subpoenas during the period of the requested leave.

E. Officers who sign the bottom of a Traffic subpoena, stating they are unable to recall the details of the citation in which the officer issued to the violator, will not appear for court or submit overtime for their court appearance.

434
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 311 – Court Appearances
.08 FAILURE TO APPEAR IN COURT

A. Officers failing to appear in court or who are tardy to court submit a written report covering their absence or tardiness to their immediate supervisor. Supervisors forward a copy of the report to the Office of the Chief of Police through their chain of command.

B. The Office of the Chief of Police determines whether the absence or tardiness is chargeable or non-chargeable against the officer. Should the Office of the Chief of Police rule the absence or tardiness is chargeable; the officer shall forfeit accrued vacation, holiday, or bonus day leave time according to the following prescribed penalties.

  1. Officers responsible for a chargeable court absence shall forfeit four (4) hours of accrued vacation, holiday, or bonus day leave for the first violation, eight (8) hours for the second violation, and eight (8) hours with other disciplinary action for any subsequent infraction in any six (6) month period beginning from January 1 to June 30 and from July 1 to December 31 of each year. Officers charged with missing two or more court settings on the same day are penalized a maximum of eight (8) hours of vacation, holiday, or bonus day leave.
  2. Officers responsible for a chargeable court tardiness shall forfeit two (2) hours of accrued vacation, holiday, or bonus day leave for the first tardiness, four (4) hours for the second tardiness, and eight (8) hours with other disciplinary action for any subsequent tardiness in any six (6) month period beginning from January 1 to June 30 and from July 1 to December 31 of each year.

C. Officers forfeiting vacation, holiday, or bonus day leave to satisfy the penalty imposed for missing court or being tardy for court are not permitted to take any vacation, holiday, or bonus day leave until the officer submits the forfeiture of accumulated leave to satisfy the penalty requirement imposed on the officer.

D. Civilian members failing to appear in court or who are tardy to court submit a written report covering their absence or tardiness to their immediate supervisor. Supervisors forward a copy of the report to their division commander through their chain of command for possible disciplinary action.

A

.09 SUBPOENAS ISSUED OUTSIDE OF BEXAR COUNTY

A. A member who receives a subpoena from an agency outside Bexar County shall immediately notify his immediate
supervisor and unit director of the subpoena in a written report.

B. Members scheduled to be on-duty during the time of the out-of-county court date are placed on administrative leave.

C. Members not scheduled to be on-duty during the time of the out-of-county court date are responsible for contacting the agency who issued the subpoena and securing the necessary travel arrangements, as well as compensation, for responding to the subpoena.

435
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 311 – Court Appearances
.10 COMPENSATION FOR OFF-DUTY COURT APPEARANCE

A. Officers attending court or hearings for judicial proceedings where their testimony is the result of the officer having taken some official law enforcement action pertaining to the proceeding receive compensation for off-duty court appearances in the following:

A
  1. District Courts;
  2. County Courts-at-Law;
  3. Grand Juries;
  4. Justice of the Peace Courts;
  5. San Antonio Municipal Courts;
  6. Civil Service Commission or Arbitration Hearing;
  7. Texas Alcoholic Beverage Commission Hearings;
  8. Federal Courts;
  9. Administrative License Revocation Hearings;
  10. Pretrial Conferences.
436
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 311 – Court Appearances
.10 COMPENSATION FOR OFF-DUTY COURT APPEARANCE

B. Officers on off-duty status who attend court, pre-trial conferences, or who are placed on stand-by for court are entitled to receive compensation as outlined in this section and as enumerated in the current Collective Bargaining Agreement By and Between the City of San Antonio, Texas and the San Antonio Police Officers’ Association.

A

C. Off-duty officers subpoenaed to testify in Federal Court or in a jurisdiction outside of Bexar County as a result of the officer’s employment as a San Antonio police officer or as a result of the officer having taken some official law enforcement action pertaining to the proceeding apply for compensation or reimbursement from the jurisdiction in which they testify, in the event compensation is available. Any compensation received may be:

  1. Retained by the officer; or
  2. Surrendered to the Chief’s Office or the Accounting and Personnel Office in return for overtime or compensatory time at a rate specified by the current contract between the City of San Antonio and the
    San Antonio Police Officers’ Association.

D. An officer who refuses or neglects to apply for compensation from Federal Court, or from an out-of-town jurisdiction which secured his attendance, provided compensation from the jurisdiction is available, receives no overtime or compensatory time from the San Antonio Police Department.

437
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 311 – Court Appearances
.10 COMPENSATION FOR OFF-DUTY COURT APPEARANCE

E. Officers receive compensation for off-duty appearances at Civil Service Commission or Arbitration Hearings as follows.

  1. When the officer is subpoenaed by the City, he is compensated according to the compensation for attendance in those courts outlined in Subsection .10A of this procedure; and
  2. When the officer is subpoenaed by the respondent, he is granted compensatory time at the rate of one (1) hour per hour required to satisfy the subpoena to a maximum of three (3) hours.

F. An officer who testifies or gives a deposition in a civil proceeding does not receive compensation from the Department, unless the appearance is the result of the officer having taken some official law enforcement action pertaining to the proceedings.
If the appearance is the result of an official law enforcement action, the officer receives the same compensation he would receive for any other court appearance, provided the officer submits verification of his attendance and any compensation he received for his attendance.

G. When an officer is subpoenaed to more than one (1) court on the same day, only one (1) subpoena is honored for compensation. (Exceptions are appearances in one (1) court in the morning and the other court in the afternoon).

H. An officer required to stay in court beyond three (3) hours is compensated for the actual time spent in court.

A

I. An off-duty officer who attends court or a pre-trial conference in the morning and is dismissed before three (3) hours time has elapsed and is ordered to return after lunch receives the three (3) hour minimum or the actual time spent in court (whichever is greater) for the morning and afternoon appearances combined.

J. To receive compensation, an officer submits verification of attendance in a court or hearing as outlined in Section .02 C2 and 3 of this procedure.

K. In order for an officer to receive the proper compensation for his off-duty stand-by status for court, he attaches the subpoena or the written notification received from the Court Liaison Detail to the court attendance card and forwards it through his normal chain of command.

L. When an officer on off-duty stand-by status is called to appear, he receives stand-by compensation in addition to the regular court appearance compensation if his appearance is after the regular stand-by hours.

M. Civilian members receive compensation according to City administrative directives and Department policies and procedures.

438
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 311 – Court Appearances
.11 MEMBER’S TESTIMONY

A. When a member testifies in a court proceeding he should remember his task in this capacity is to act as a reporter of facts.
The member testifies with honesty and accuracy regardless of what affect it may have on the ultimate disposition of the case.

B. A member carefully reviews the facts of the case before testifying in court.
He studies his notes and memoranda ahead of time so when he is on the witness stand he does not have to refer to them unless absolutely necessary.
The member takes his notes concerning the case to court with him.

C. A member testifying at any criminal judicial proceeding avoids displaying notebooks, reports, or other documentary evidence, unless directed to do so by the District Attorney, his assistants, or the judge.
If displayed, the defense counsel is able to examine the entire document and possibly compromise information on other investigations.

D. Once a member has been dismissed by a court, the member promptly leaves the courtroom so as not to disturb the court proceedings.
If on-duty, the member immediately returns to service.

A

.12 COURT DRESS CODES

A. Members attending court or hearings for judicial proceedings or civil proceedings where their testimony is the result of the member having taken some official law enforcement action pertaining to the proceeding shall appear in a regulation uniform, assigned duty uniform or in appropriate business/relaxed apparel, in accordance with
GM Procedure 310, Uniforms and Dress Codes.

B. Officers in undercover assignments need not shave their beards or cut their hair, but shall conform to other personal grooming requirements.

C. Members shall NOT wear the regulation uniform or any other authorized uniform in any proceedings to which they are subpoenaed or requested to testify on behalf of the defense in a criminal case; against the City of San Antonio, Texas, in a civil case; or against the interest of the Department in any civil service hearing, arbitration, or administrative hearing.

D. Members attending court or hearings for judicial proceedings or civil proceedings where their testimony is NOT the result of the officer having taken some official law enforcement action pertaining to the proceeding shall NOT wear the regulation uniform or any other authorized uniform, unless the officer is subpoenaed by the State of Texas, the City of San Antonio, or the San Antonio Police Department.

E. Members subject to Mandatory Reassignment shall comply with Procedure 908, Mandatory Reassignment.

439
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 311 – Court Appearances
.13 JURY DUTY

A. Members receiving notices to report for jury duty shall report in proper civilian attire on the date indicated on the official jury duty notice.

B. Prior to the date the member is to report for jury duty, the member provides the unit/shift director with a copy of the official notice of jury duty.

C. Members serving on jury duty are listed on “Administrative Leave” (AD) on the unit pay sheet for the date(s) of their jury duty, excluding relief days.
Members on administrative leave are not required to report for regular duty either before the start of their jury duty or after being released from jury duty for the day.

A

D. Members who have a regular tour of duty starting after 1700 hours on the date immediately prior to the date they are to report for jury duty may be relieved from regular duty early to return home to rest before reporting for jury duty.
This subsection also covers members who report for jury duty on a relief day.

E. Members selected to serve on a jury whose duration is more than one (1) day, excluding relief days, must contact their unit/shift director each day to advise them they are still on jury duty.

F. Upon completion of jury duty and the return to regular duty, members shall submit a COSA Notice of Leave Form for all administrative leave used for jury duty.
The Jury Duty Certification Card is attached to the pink slip.

G. Any compensation received for jury duty while an officer is on administrative leave is turned into the Accounting and Personnel Office.
Any compensation received for jury duty on a member’s relief day is retained by the member.

440
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 313 – Use of City Vehicles

.01 INTRODUCTION

A. This procedure establishes guidelines for the routine use of City vehicles. The tactical and pursuit operation of emergency vehicles is covered in GM Procedure 609, Emergency Vehicle Operations.

B. The use of City vehicles by sworn and non-sworn members will be in accordance with
City Administrative Directives:
1.8 Vehicle Use, 4.1 Accidents and Injuries (Reporting), 4.65 Smoking in the Workplace,
4.79A Post- Accident Alcohol and Drug Testing,
4.8 City Driver Evaluation, and in accordance with the current Collective Bargaining Agreement (CBA).

.02 POLICY

A. The safety of our members and others is of paramount concern when operating or riding a city vehicle.

B. All members of the Department, sworn and non-sworn, when operating or riding in a city vehicle shall wear the safety restraint devices provided in the city vehicle.

C. All authorized passengers in city vehicles will be required to wear safety restraint devices.

D. Members operating a city vehicle will keep mobile communication device usage to a minimum and as brief as possible. Furthermore, the use of a mobile communication device is only allowed during routine use of city vehicles.

  1. If acceptance or placement of a call is unavoidable, members operating a city vehicle should safely pull off the road and resume their travel after their brief call.
  2. If pulling over is not feasible, members are encouraged to use a hands-free option to accept or place a call.
    The use of a mobile communication device with a hands-free device is the preferred method while operating a city vehicle.
  3. Texting while operating a city vehicle is prohibited.

C. All members of the Department, when operating or riding in a city vehicle shall conduct themselves in accordance with City Administrative Directive 1.8

A

.04 AUTHORIZED USE

A. Members operate only those city vehicles assigned to them and only for the accomplishment of assigned duties.

B. Members transport only authorized persons in a city vehicle.

  1. Authorized persons include on-duty members, prisoners, complainants, and witnesses; immediate family members may be transported if the city vehicle is being used in accordance with Section .07 of this procedure.
  2. Approval to transport off-duty members or non-members must be received from the unit supervisor.
  3. Approval for any person(s) to ride as an observer must be arranged in advance in accordance with GM
    Procedure 319, Civilian Observer Program.

C. Division commanders ensure all units under their command maintain a daily record of the assignment and use of all city vehicles assigned to their respective commands.

Such record shall reflect:

  1. The member’s name and unit of assignment;
  2. The vehicle number; and
  3. The date, day, and time of use.
441
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 313 – Use of City Vehicles
.05 AUTOMATED FUELING SYSTEM

A. The Fleet Services Offices has equipped all marked Police vehicles with a “CANceiver” for automated fueling.

B. Members refuel any city vehicle they operate prior to ending their tour utilizing their COSA Employee ID.

C. Members operating a city vehicle with a lost, damaged, or inoperative FOB Key:

  1. Call 207-8380 or notify Police Fleet Services; or
  2. Go to the Automotive Operations Office at 329 S. Frio. Be prepared to provide the vehicle number and odometer reading.

.06 TEMPORARY USES OF ADMIINISTRATIVE VEHICLES

A. Members of units, which do not have city vehicles assigned, may request the use of a vehicle from personnel at the Fleet Services Management Office.

B. The Department maintains a limited number of Fleet Services administrative vehicles which are temporarily assigned in accordance to the following priority:

  1. For temporary use by a member assigned to a unit which has no vehicle assigned; and
  2. For temporary use by a member assigned to a unit to travel out of the City on an approved trip, if that unit has no vehicles assigned.

C. When turning in a Fleet Services vehicle, members shall:

  1. Clean and refuel the vehicle;
  2. Return the Fleet Services administrative vehicle and keys to the Fleet Services Management Office and complete daily record log.
A

.08 INSPECTIONS, REPAIRS,
PREVENTIVE MAINTENANCE, AND VEHICLE CARE

A. Prior to operating a city vehicle, members inspect the vehicle for damage or mechanical impairment.

  1. Members discovering damage to the city vehicle or equipment shall immediately notify their supervisor and complete SAPD Form #162, Found Damage Report.
  2. Members discovering mechanical impairment, which may affect the safe operation of the vehicle, immediately report the condition to the vehicle repair shop and their immediate supervisor.
    The supervisor determines whether the member shall wait for repairs on the malfunctioning vehicle or whether another vehicle will be assigned.
  3. Members encountering mechanical problems with their assigned vehicle which would not ordinarily impair the safe operation of the vehicle, immediately notify their supervisor.
    The supervisor determines whether the vehicle is immediately repaired or kept in service and the repair made later.

B. Members remove all portable items from vehicles placed in the repair shop if the repairs cause the vehicle to remain out of service beyond the end of the officer’s tour of duty.

C. Members do not alter, modify, deface, or change any part or accessory of any city vehicle without proper authorization.

D. Members shall ensure proper preventive maintenance is performed on their assigned vehicle on a regular basis or when notified by the vehicle repair shop.

E. Members shall be responsible for the appearance and cleanliness of their assigned vehicle, both interior and exterior.

442
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 313 – Use of City Vehicles
.07 TAKE-HOME VEHICLES

A. The City shall provide to Officers occupying the rank of Lieutenant or above a City-owned vehicle for the Officer’s use during his on duty employment and for the Officer’s use in driving to and from home.

  1. During the period of June 1 to July 1 of each calendar year, members holding the rank of Lieutenant or above may elect to change from his car or car allowance, as per the Collective Bargaining Agreement.

B. The Chief of Police has the sole discretion whether to assign or not assign or to remove a vehicle from any other officer in any rank below Lieutenant.

C. Authorization to be assigned a take-home vehicle must be renewed each year (by January 31) and each time a member has a change of assignment which requires a take-home vehicle by submitting SAPD Form #167-TVA through the member’s chain-of-command to the Office of the Chief of Police.

D. Prior to being assigned a take-home vehicle, members will complete and submit SAPD Form #167-TVA, Take- Home Vehicle Authorization, through their chain-of-command to the Office of the Chief of Police.

E. Members assigned a take-home vehicle, unless exempted by the Chief of Police, shall:

  1. Return the vehicle to their assigned units if they are off-duty for a period exceeding three (3) days; or
  2. Return the vehicle to their parent unit if they are on light duty status.
A

F. Upon receiving written authorization from the Chief of Police, members assigned a take-home vehicle while on stand-by and/or subject to immediate call-out may use the vehicle as their primary means of transportation. Assistant Chiefs and Deputy Chiefs are on permanent stand-by and/or subject to immediate call-out based on their position.

  1. Members shall be prepared to respond directly to a crime scene or other specified location when called.
  2. Members may transport immediate family members in their take-home vehicle only when subject to immediate call-out and when using the vehicle as their primary means of transportation.
  3. If the member is called to a crime scene or other work-related location while immediate family members are in the take-home vehicle, the family members should be dropped off at the nearest substation or other safe location.
    Members should be aware the safety of their immediate family is the sole responsibility of the members and as such, family members are not to be taken to crime scenes.
  4. Members subject to immediate call-out and using a take-home vehicle are reminded of Rules and Regulations regarding member’s responsibilities for Reporting for Duty.

G. If a take-home vehicle is to be used outside of Bexar County, except for officers traveling to and from work, GM Procedure 909, Travel, must be adhered to.

H. The Chief of Police may revoke the assignment of a take-home vehicle to any member if the member is not insurable as per state minimum requirements.
Also, any violations of this policy may result in the loss of a take- home vehicle assignment.

I. Members requiring a temporary replacement for a take-home vehicle will use a vehicle from their assigned units.
Members assigned to units, which have no vehicles assigned, will make arrangements through the Police Fleet Services Management Office.

443
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 313 – Use of City Vehicles
.09 PARKING AND CUSTODIAL RESPONSIBILITIES

A. Members do not expose a city vehicle to unreasonable hazards or abuse,
except in exigent circumstances.

B. Members must remove all portable issued equipment from city vehicles, which are parked or stored overnight at a location
other than a police facility.

C. Members park city vehicles in accordance with departmental procedures, state laws, and city ordinances, except in exigent circumstances.

D. Members park city vehicles on the Public Safety Headquarters south parking lot in the visitors spaces when attending court or conducting assigned duties within the area bordered by:

Durango St. on the south,
Pecos la Trinidad (IH-35S access rd) on the west,
Houston St. on the north, and
St. Mary’s St. on the east.

E. Members conducting assigned duties at locations outside the boundaries mentioned in Subsection D above must pay for the parking of the city vehicle, but may request reimbursement of the parking fees by submitting a petty cash voucher, with the parking receipt attached, to their division commander.

F. Members receiving a parking ticket, toll violation notice, red-light camera ticket, or any other violation involving the vehicle shall:

  1. Immediately submit a report detailing the reason(s) for the violation(s) and the nature of the business being conducted.
  2. Attach the violation notice to the report and forward through the chain of command to
    the Office of the Chief.

G. The Office of the Chief makes a determination as to whether the violation was necessary for the member to complete his assigned duties.

  1. If the member was performing his assigned duties, the Office of the Chief will represent the Department in the adjudication of the ticket or violation; or
  2. If the member was acting outside his assigned duties, the Office of the Chief will return the ticket or violation notice to the member for adjudication.
A

.10 OUT OF CITY TRAVEL

A. Members authorized to operate a city vehicle outside of Bexar County should present the Accounting and Personnel Office with an approved SAPD Form #106, Travel Request, *at least
fourteen (14) calendar days prior to departure.

B. The Accounting and Personnel Office issues the member a city motor fuel credit card, if required.

C. Members must retain original receipts for all travel expenses including, but not limited to, motor fuel charge receipts.
Reimbursements are not made without the original receipts.

D. Members receiving authorization for out of town travel will use a vehicle from their assigned unit.

Members assigned to units which have no vehicles assigned will make arrangements for a vehicle through the Police Fleet Services Management Office.

E. Members return the assigned city vehicle to the issuing unit on their return to the City or on the first business day following their return to the City.

F. Members involved in a motor vehicle crash while operating a city vehicle outside the city:

  1. Immediately report the crash to the appropriate law enforcement agency;
  2. Advise the investigating officer the City is
    self-insured;
  3. Obtain the report number
    (case or assignment number) assigned to the report;
  4. Record any and all pertinent details of the crash;
    and
  5. Complete SAPD Form #602-6,
    Vehicle Accident Report or Loss Notice,
    upon returning from out of city travel.
444
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 314 – Command Notification

.01 INTRODUCTION
This procedure provides for the notification of command level officers in the event of an unusual occurrence, a police incident, or the detention/arrest of a San Antonio police officer.

.03 COMMAND NOTIFICATION OF UNUSUAL OCCURRENCE, CRITICAL INCIDENT, OR POLICE INCIDENT

A. Any officer dispatched to or finding the scene of an unusual occurrence, critical incident, or police incident will immediately request a Supervisory officer to respond to the scene.

B. The Supervisor-In-Charge of the scene of an unusual occurrence, critical incident, or police incident is responsible for the notification of the appropriate command personnel.

C. In all unusual occurrences, critical incident, and police incidents, the highest ranking command officer notified of the event should hold the rank of Deputy Chief.
In the absence of or due to the unavailability of a Deputy Chief, an Assistant Chief will be notified.

D. Command Notification During
Normal Business Hours:

  1. When the Supervisor-In-Charge of the scene is a Sergeant, he notifies the on-duty
    Lieutenant assigned to the patrol section.

a. In the absence of the Lieutenant assigned to the patrol section, he notifies the on-duty
Captain assigned to the patrol section.

b. In the absence of the Captain assigned to the patrol section, he notifies an on-duty
Lieutenant assigned to another patrol section.

  1. When the Supervisor-In-Charge of the scene is a Lieutenant or a Lieutenant responds to the scene at the request of a Sergeant, after assessing the situation, he notifies the on-duty
    Captain assigned to the patrol section.

Note: In the absence of the Captain assigned to the patrol section, he notifies an on-duty
Captain assigned to another patrol section.

  1. The Captain notified of the unusual occurrence or police incident responds to the scene, and after assessing the situation, notifies a
    Deputy Chief assigned to the Patrol Division.
  2. A Deputy Chief assigned to the Patrol Division, notified of an unusual occurrence, critical incident, or police incident assesses the situation:
    a. Responds to the scene, if necessary;
    b. Directs the Communications Unit to notify Internal Affairs Unit personnel if the situation involves a complaint of serious allegations or misconduct;

c. Notifies other command personnel,
if the incident is a police incident;

d. Notifies as soon as possible,
the Office of the Chief; and

e. Prepares a report on the unusual occurrence or police incident for the Office of the Chief prior to the beginning of the next business day.

A

E. Command Notification During Weekends, Holidays, and Between the Hours of 1630 and 0745:

  1. When the Supervisor-In-Charge of the scene is a Sergeant, he notifies the on-duty
    Lieutenant assigned to the patrol section.

Note: In the absence of the Lieutenant assigned to the patrol section, he notifies another on-duty Lieutenant assigned to another patrol section.

  1. When the Supervisor-In-Charge of the scene is a Lieutenant or a Lieutenant responds to the scene at the request of a Sergeant, after assessing the situation, he requests the Communications Unit
    to notify the Night Commander (when available) or the Deputy Chief designated as the Duty Officer.
  2. The Evening/Night Commander or Deputy Chief (Duty Officer) notified of an unusual occurrence, critical incident, or police incident responds to the scene, if necessary, and after assessing the situation:

a. Directs the Communications Unit to notify Internal Affairs Unit personnel
if the situation involves a complaint of serious allegations or misconduct;

b. Decides whether to notify other command personnel;

c. Decides whether to notify the Chief of Police;
and

d. Prepares a report covering the event, which is forwarded to the Office of the Chief,
prior to the beginning of the next business day.

445
Q
San Antonio Police Department
GENERAL MANUAL
Procedure 314 – Command Notification
.04 COMMAND NOTIFICATION IF 
AN OFFICER IS DETAINED OR ARRESTED

A. If a San Antonio police officer is detained for questioning or arrested for any misdemeanor or felony offense the detaining or arresting officer shall request his immediate on-duty Supervisor to respond to the scene of the detention or custodial arrest.

  1. If the immediate Supervisor is not available, the detaining or arresting officer shall request any Sergeant assigned to the patrol section where the detention or custodial arrest occurred to respond to the scene.
  2. In the absence of an on-duty Sergeant assigned to the patrol section, the officer shall request the
    on-duty Lieutenant assigned to the patrol section respond to the scene of the detention or custodial arrest.
  3. The supervisor who responds to the scene is responsible for entering a formal incident into
    Blue Team as soon as possible and
    prior to the end of shift.
    The incident shall be routed to the next immediate supervisor in the chain of command as well as the arrested/detained officer’s Deputy Chief and
    the Deputy Chief’s Admin Sgt if applicable.

B. When the Supervisor-In-Charge of the scene is a Sergeant or a Sergeant responds to the scene at the request of an officer, after assessing the situation,
he notifies the on-duty
Lieutenant assigned to the patrol section.

  1. In the absence of the Lieutenant assigned to the patrol section, he notifies an on-duty
    Lieutenant assigned to another patrol section.
  2. The Sergeant ensures all necessary reports are written and routed through the chain of command utilizing Blue Team.

C. The Lieutenant notified of any incident involving the detention or custodial arrest of a San Antonio police officer, after assessing the situation:

  1. Notifies the Captain assigned to the patrol section, if during normal business hours, or
  2. Requests the Communications Unit to notify the Evening/Night Commander (when available) or the Deputy Chief designated as the Duty Officer, if the incident occurs on a weekend, holiday, or between the hours of 1630 and 0745.

D. The Captain notified of any incident involving the detention or custodial arrest of a San Antonio police officer.

  1. Notifies the Deputy Chief of the Patrol Division where the arrest occurred during normal business hours, or

2 Notifies the Deputy Chief designated as the Duty Officer, if the incident occurs on a weekend, holiday, or. between the hours of 1630 and 0745, and

  1. Notifies the Deputy Chief assigned to the division where the officer involved is assigned.
A

.05 SUPERVISORY NOTIFICATION IF AN
OFFICER IS INVOLVED IN A DISTURBANCE

A. An officer responding to any disturbance call involving a San Antonio police officer:

  1. Requests a Sergeant to respond to the scene,

and

  1. Notes in his report the name and badge number
    of the Sergeant notified.

B. The Sergeant notified to respond to the scene:

  1. Documents the actions taken in a
    supplemental report,

and

  1. Forwards copies of all reports through his chain of command utilizing Blue Team

in accordance with Proc. 303.

446
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 315 – Line Inspections
.01 INTRODUCTION

This procedure establishes guidelines for conducting line inspections of officers’ personal appearance,
uniform/personal attire, and equipment.

.02 DISCUSSION

A. Line Inspections is an on-going process to ensure officers are in compliance with Department rules, regulations, procedures, and orders in the areas of personal appearance, the proper wearing of the police uniform, and the use and maintenance of assigned equipment.
Line inspections can be:
formal or informal inspections.

B. Formal Line Inspections establish a process for documenting individual officer deficiencies.
The process assigns specific timetables and responsibilities for conducting the inspection.

C. Informal Line Inspections is an ongoing process conducted daily by Supervisors.
Minor deficiencies in individual officer personal appearance and the maintenance of assigned equipment are brought to the officer’s attention when they are identified by a supervisor.

A

.03 LINE INSPECTIONS PROCEDURE

A. Unit/Shift Directors

  1. Conduct formal line inspections of all subordinates at least once each month.
    A supervisory officer may be assigned to conduct the formal line inspection in the absence of a shift/unit director.
  2. Document all inspections and deficiencies,
    * if any*, utilizing SAPD ACTIVITY and
  3. Notify the Section Commander that formal line inspections and individual officer deficiencies
    have been entered into SAPD ACTIVITY
    for the current period:

B. Supervisory Officers

  1. Assist the Shift/Unit Director with conducting the formal line inspection;

and

  1. Record all inspections and deficiencies, if any, and the Shift/Unit Director’s comments in
    SAPD ACTIVITY.

C. Section Commanders

  1. Monitor the formal line inspection process by occasional participating in a formal line inspection;

and

  1. Review all inspection reports and roll call inspection report forms submitted by unit/shift directors.

D. SAPD ACTIVITY

  1. SAPD ACTIVITY is used to document formal line inspections on all officers and to document deficiencies of individual officers who fail to meet departmental standards for personal grooming, uniform, and equipment during
    formal line inspections.

This form may also be used to document deficiencies noted during informal line inspections.

  1. Shift/unit directors complete and document formal Line Inspections utilizing SAPD ACTIVITY:

a. Check the appropriate deficiency space(s),
if any deficiencies are found;

b. Briefly explain the deficiency in the
comments section;

c. Set an appropriate date, dependent upon the nature and severity of the deficiency,
for the officer to come into compliance;

d. Notify the officer’s immediate supervisor.

  1. Supervisory officers meet with the officers who have deficiencies noted SAPD ACTIVITY and
    take the following actions:

a. Clarify in the noted deficiency, the prescribed standard, and the date for compliance;

b. Conduct a follow-up inspection on the compliance date;
and

c. Update SAPD ACTIVITY to reflect the date the deficiency was corrected.

4.    In the event the officer has failed to correct the deficiency prior to the specified compliance date, 
the officer's immediate supervisor documents the failure in accordance with 
Procedure 303 (Disciplinary Procedures) and enters it into BLUE TEAM.
447
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 318 – Labor Relations Committee

.01 INTRODUCTION

This procedure establishes the responsibilities of the Labor Relations Committee and guides members in the proper method for submitting reports on issues they request to be reviewed by the Labor Relations Committee.

.02 LABOR RELATIONS COMMITTEE

A. The Collective Bargaining Agreement (CBA) establishes a Labor Relations Committee, hereafter, referred to as the Committee.
B. The Committee meets as necessary and makes recommendations to the Chief of Police.

C. The Committee consists of four (4) members appointed for one (1) year terms;

  1. Two (2) members are appointed by the Chief of Police;
  2. Two (2) members are appointed by the San Antonio Police Officer’s Association;
  3. Vacancies are filled by the appointing party for the balance of the vacant term; and
  4. The Chairmanship of the Committee shall rotate once every 3 months.

D. The committee hears issues including, but not limited to the following working conditions

  1. Safety and specifications for equipment;
  2. Discipline;
  3. Departmental policies and procedures; and
  4. Other areas of common officer interest.

E. The Committee also serves as the Equipment Advisory Committee for the purpose of reviewing specifications, all testing and evaluations (T and E), and making recommendations to the Chief as to the purchase of all police-related equipment.

  1. Officers wishing to request testing & evaluation (T and E) be completed on any police-related equipment shall route a completed LRC T and E Form #1-LRC T and E through their chain of command, to the Office of the Chief;
  2. LRC are the only department members authorized to represent the department to potential vendors.

F. In its role as the Equipment Advisory Committee, the Committee investigates incidents where members report city equipment as lost, stolen, or damaged.

  1. Upon completion of an investigation, the Committee makes a determination as to the cause of the loss and/or damage and to what extent the member is financially responsible.
  2. The Committee shall forward its findings and recommendations to the Chief of Police who shall make a final determination.
  3. The Chief may forward any findings of member misconduct to the Internal Affairs Unit for a formal investigation.
A

.03 SUBMITTING REPORTS ON ISSUES TO THE COMMITTEE

A. Any member desiring to have the Committee review an issue or coordinate testing & evaluation of equipment submits a written report to one (1) of the following offices:

  1. The Office of the Chief; or
  2. The Office of the President of the San Antonio Police Officer’s Association.

B. Copies of written reports from members received in the Office of the Chief shall be forwarded to the Office of the President of the San Antonio Police Officer’s Association within five (5) working days.

C. The Office of the Chief shall forward reports received directly from members or received from the San Antonio Police Officer’s Association to the Chairman of the Committee.

.04 RESPONSIBILITIES

A. Labor Relations Committee

  1. Receives and discusses issues submitted by members;
  2. Investigates incidents of lost, stolen, or damaged equipment;
  3. Presents written recommendations on issues and incidents of lost, stolen, or damaged equipment to the Office of the Chief; and
  4. Routes copies of recommendations to the San Antonio Police Officer’s Association and the Office of the City Manager, via the Office of the Chief.

B. Chief of Police

  1. Responds to the Committee’s recommendations in writing within fourteen (14) calendar days;
  2. Routes copies of the Chief’s responses to the San Antonio Police Officer’s Association and the Office of the City Manager; and
  3. Forwards findings relating to lost, stolen, or damaged equipment to the division commander in charge of the division where the officer reporting the lost, stolen, or damaged equipment is assigned.

C. Division Commanders

  1. Review findings relating to lost, stolen, or damaged equipment; and
  2. Determine whether cases involving lost, stolen, or damaged equipment should be sent to the Internal Affairs Unit for investigation of officer misconduct.
448
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 324 – Performance Evaluations
.01 INTRODUCTION

A. This procedure establishes a performance evaluation system for all sworn members of the San Antonio Police Department.

B. Non-sworn members are evaluated in accordance with the City of San Antonio Employee Performance Management and Development System (EPDP).

.02 POLICY

A. It is the policy of the San Antonio Police Department to use performance evaluations to identify training needs in order to enhance the service expectations, policing styles, and responsibilities of the Department’s sworn members to reflect the goals and objectives of the Department and its community policing philosophy.

B. Performance evaluations are also used as a catalyst for enhancing the career development of sworn members.

C. Performance evaluations will not be used to determine any type of discipline or to affect promotions or transfers within the Department.

A

.04 ANNUAL PLANNING SESSIONS AND PERFORMANCE EVALUATIONS

A. Planning Sessions and Performance Evaluations are conducted annually on all sworn members to provide structure and guidance in developing their performance capabilities and career opportunities.

B. Planning Sessions and Performance Evaluation are specific to the assignment or rank of the sworn member being evaluated. Both the Planning Session and the Performance Evaluation are documented on SAPD Form #6-PE, Police (Sworn) Employee Annual Performance Appraisal. Check the applicable box at the top of the form titled, Planning Session or Annual Evaluation.

C. The SAPD Form #6-PE used for the annual Planning Session from the prior January will be the form used for the annual performance evaluation conducted in January of the following year. Planning Session forms shall remain in the sworn member’s departmental field file. Should the officer transfer to another assignment, the Planning Session form will accompany the officer to the new assignment.

D. During the rating period, rating officers shall conduct Performance Evaluations on subordinates utilizing the same SAPD Form #6-PE which was completed during the Planning Session from the previous January and can be retrieved from the E. Performance Evaluations for sworn members who are transferred during a Performance Evaluation period are is conducted by the last Supervisor to whom a member is assigned during the Performance Evaluation period. Previous Supervisors should be contacted for input. The Performance Evaluation will be submitted to the reviewing officer by February 15th of each year.

F. Probationary Police Officer Performance Evaluations

  1. Probationary police officers are evaluated weekly in accordance with Field Training Officer (FTO) Program SOP 207, Evaluation Process for Probationary Police Officers, through their riding phase.
  2. Probationary officers who have completed their riding phase are evaluated monthly for the remainder of their probationary period in accordance with Patrol Section SOP 213, Probationary Police Officer Monitoring Program. officer’s departmental field file.
449
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 324 – Performance Evaluations

.05 RATER TRAINING
A. All supervisory officers shall receive initial professional and career development coaching, counseling, and performance evaluation training during annual in-service training.

B. All newly promoted supervisory officers shall receive professional and career development coaching, counseling, and performance evaluation training during their promotional training school.
This training is designed to increase knowledge and skill in the following areas:

  1. Planning expectations for new Performance Evaluation period;
  2. Performance Evaluations; and
  3. Career Development Consultation.

.06 ANNUAL PERFORMANCE EVALUATION PROCESS
A. Supervisory officers, during the performance evaluation period, shall have the following evaluation responsibilities:

  1. Conduct Planning Sessions with all sworn members under their supervision;
  2. Consistently observe the sworn member’s performance and document observations and events;
  3. Continually gather information on performance results and compare with evaluation criteria specific to the sworn member’s assignment or rank;
  4. Regularly communicate with the sworn member about progress;
  5. Immediately document instances of poor performance and provide a copy of the document to the member;
  6. Identify systemic, procedural, and performance problems before they impact a sworn member’s performance;
  7. Set specific goals to correct current performance problems and develop the sworn member’s skills through coaching and formal and informal training; and
  8. When necessary, propose changes in the sworn member’s attitude, work habits, or other key criteria which may be affecting job performance.

B. At any time during a performance evaluation period, if a Supervisor detects an immediate need to address a training issue, the Supervisor shall document the issue in writing and submit a written report through the chain of command to the Training Advisory Board.

C. Also during the performance evaluation period, all sworn members being evaluated have the following evaluation responsibilities:

  1. Identify for his Supervisor any problems which may be affecting his capabilities to successfully operate within an acceptable range of responsibility and productivity;
  2. Identify work performance problems to the Supervisor and cooperate in resolving them by setting mutually agreed upon objectives for improving work performance;
  3. When assigned by a Supervisor, attend and complete training and development activities designed to improve current or future job performance; and
  4. If a sworn member believes performance goals and objectives set by the Supervisor cannot be obtained as a direct result of Supervisory conflict, meet with the Supervisor’s Supervisor to mediate mutually agreed upon objectives for improving work performance.

D. Upon completion of the annual performance evaluation process, Supervisors shall review the criteria contained in SAPD Form #6-PE with members and explain those categories which apply to the member’s assignment or rank for the next performance evaluation period.

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.07 END OF EVALUATION PERIOD RATINGS

A. At the end of the performance evaluation period all sworn members are rated on each category applicable to their assignment or rank listed on SAPD Form #6-PE. Explanations of the ratings are as follows:

 N/A
 Below Expectations
 Meets Expectations
 Exceeds Expectations
 Not Applicable
 Unsatisfactory
 Acceptable/Competent
 Superior/Exceptional

B. All sworn members are considered to have a rating value of “Meets Expectations” in all listed categories at the start of a performance evaluation period.
Movement up and down the rating scale is based on a Supervisor’s expectations, observations, documentation, coaching, and counseling of a sworn member.

C. Category ratings are based on the overall performance of a sworn member.
While single incidents may provide an indication of performance, Supervisors are encouraged to consider the totality of a sworn member’s performance in light of a single or isolated incident.

D. Supervisors who give a rating other than “Meets Expectations” in any section of the performance evaluation form must state the reason for the rating in writing in the “comments” section.
Written documentation for instances of “Below Expectations” must be included with the original SAPD Form #6-PE for the performance evaluation period being rated.

E. Members may document, in Part IV of SAPD Form 6-PE, any comments they might have regarding their annual performance evaluation. If additional space is necessary, SAPD Form 65, Interoffice Correspondence is used and becomes part of the evaluation form.

.08 SUPERVISORY REVIEW OF EVALUATION RATINGS

A. Upon completion of an annual performance evaluation, the member’s Supervisor conducting the evaluation signs the performance evaluation form and delivers the form to a reviewing officer.

B. The reviewing officer reviews the performance evaluation form for accuracy, completeness, fairness and impartiality on the part of the rater.
Reviewing officers shall discuss with the rater any identified or perceived problem found during the review of the evaluation.

C. A reviewing officer in disagreement with a rater’s rating value in any category may require the rater to justify the rating value in writing.

  1. If the reviewing officer still disagrees with the rater’s assessment of the rating value, he states the reason for his disagreement and records his assessment of the rating value in red ink next to the rater’s assessment.
  2. Under no circumstances is the reviewing officer to change the rating value given by the rater.

D. Upon completion of the reviewing officer’s assessment of the rater’s responsibilities, the reviewing officer shall sign the performance evaluation form in the appropriate box on the second page.

E. The reviewing officer shall evaluate the rater regarding the fairness and impartiality of ratings given employees, the rater’s participation in counseling rated employees, and the rater’s ability to carry out the rater’s role in the performance evaluation system.

450
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San Antonio Police Department
GENERAL MANUAL
Procedure 324 – Performance Evaluations

.09 REQUIRED SUPERVISORY CONSULTATIONS WITH SWORN MEMBERS

A. Upon completion and supervisory review of a sworn member’s annual performance evaluation form, the Supervisor conducts a formal performance appraisal, counseling, and coaching interview with the sworn member.

B. At the formal interview, the Supervisor reviews with the sworn member the rating value the sworn member received, discusses the level of performance expected, as well as the rating criteria or goals and expectations for the new period.
The Supervisor also discusses career development with the sworn member and ensures SAPD Form 6- CDC, Career Development Consultation, is completed and attached to the performance evaluation form.

C. After the end of the formal interview, the sworn member shall sign, date, and receive a copy of his completed annual performance evaluation form. The sworn member may also make written comments in Part IV of the performance evaluation form.

D. The sworn member’s signature on the annual performance evaluation form does not imply agreement or disagreement with the contents of the evaluation, but only that the sworn member has received an evaluation and has been given a copy of the performance evaluation form.

  1. If a sworn member refuses to sign his performance evaluation form, the Supervisor so notes and records the reason, if given.
  2. If sworn members are unavailable and cannot sign for their annual performance evaluations, the Supervisor will document the reason, place a copy in the sworn member’s field file, and route the sworn member’s original annual performance evaluation form to the Manpower Allocations Detail.
  3. If sworn members are unavailable and cannot sign for their annual performance evaluations, it will be the Supervisor’s responsibility to ensure the member personally receives a copy of his evaluation upon his return to duty.

.10 APPEAL PROCESS FOR CONTESTED PERFORMANCE EVALUATIONS

A. If a sworn member disagrees with his annual performance evaluation rating, the sworn member shall indicate the disagreement to the Supervisor. If an agreement cannot be reached between the Supervisor and the member, the Supervisor shall inform the sworn member the performance evaluation rating may be appealed to the reviewing officer.

B. The sworn member’s appeal must ube in writing using SAPD Form #6-NAR, Notification of Appeal Rights to Performance Evaluation and submitted to the reviewing officer within five (5) working days after the sworn member has signed the performance evaluation form.
The written appeal must state the reasons for the appeal and the points of disagreement.

C. The reviewing officer has ten (10) working days to investigate the appeal and respond to the sworn member in writing as to the findings of the investigation.
The decision of the reviewing officer is final.

D. The written appeal and findings become a permanent part of the original annual performance evaluation form and placed in the Department central personnel files.

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.11 ROUTING AND RETENTION OF ANNUAL PERFORMANCE EVALUATIONS

A. Supervisors shall make copies of all completed annual performance evaluation forms and new planning session forms, with any attachments, and place the copies in the sworn members’ departmental field files.

B. Reviewing officer shall route all completed original annual performance evaluations forms, with any attachments to the Manpower Allocations Detail by February 28 of each year for processing.
All completed annual performance evaluation forms routed within the Department are placed in sealed envelopes prior to being routed.

C. The Manpower Allocations Detail shall verify there is an accurate accounting of all sworn members’ annual performance evaluation forms.

D. The Manpower Allocations Detail shall forward a copy of any performance evaluation which has a “Below Expectations” rating in any category to the Training Advisory Board for review.

E. The Manpower Allocations Detail shall forward all original annual performance evaluation forms to the Accounting and Personnel Office.

F. All annual performance evaluation forms shall remain on file in Accounting and Personnel Office for a period of three (3) years.

.12 CONFIDENTIALITY OF ANNUAL PERFORMANCE EVALUATIONS

A. All annual performance evaluations are confidential. Only persons who have a job related interest in reviewing the annual performance evaluations shall have access to the performance evaluations.

B. A sworn member’s performance evaluation is discussed only with the sworn member; their appropriate Supervisor or potential Supervisor, and the reviewing officer.

C. The only units or personnel who should have access to annual performance evaluation forms are:

  1. The sworn member being evaluated;
  2. The Supervisor conducting the annual performance evaluation;
  3. The reviewing officer;
  4. The Manpower Allocations Detail;
  5. The Training Advisory Board; and
  6. The Accounting and Personnel Office.
451
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San Antonio Police Department
GENERAL MANUAL
Procedure 325 – Training and Career Development

.01 INTRODUCTION

A. This procedure establishes a Training Advisory Board, which operates within the San Antonio Police Department to ensure compliance with TCOLE standards of training and education.
Additionally, the procedure outlines training provided to members of the Department.

B. The Training Advisory Board serves to enhance the career development of members at all levels in the Department through continuing training, as well as providing all members with the opportunity for individual growth within the Department.

.02 POLICY

A. It is the policy of the San Antonio Police Department to provide all members with the most diverse and comprehensive training and educational opportunities available that are beneficial for the Department and also for the career development of the members.

.03 GOALS AND OBJECTIVES

A. To provide proper training and development of sworn and non-sworn members of the Department;

B. To promote productive, efficient, and effective job performance;

C. To improve the level of individual job satisfaction;
and

D. To enhance the upward mobility of all members.

.04 TRAINING ADVISORY BOARD

A. The Training Advisory Board was created for the purpose of evaluating the specific training needs of the Department, to include initial licensing training, continuing education for current license holders, and training which meets the goal of career development and promotional education.

B. Specific duties of the Board include:

  1. Evaluating the current training for initial licensing (cadet curriculum) and making recommendations for revisions;
  2. Evaluating the continuing education training for current license holders (in-service training) and making recommendations for revisions;
  3. Evaluating the Field Training Officer Program (FTOP) and making recommendations for revisions;
  4. Evaluating the current promotional training and making recommendations for revisions;
  5. Evaluating the career development training for members and making recommendations for future enhancement, and
  6. Reviewing the standards for the hiring process and making recommendations to the Department for revisions.

C. In conducting the Board’s specific duties, they may request that a report is made or some other information is provided to them by a training or course coordinator.

D. All recommendations made by the Board are forwarded to the Office of the Chief for approval.
All approved training is coordinated and administered through the Training Academy.

E. The Training Advisory Board consists of nine (9) members as follows:

  1. The Commander of the Training Academy serves as a non-voting member of the Board.
  2. There are four (4) sworn members from within the Department.
    One each from the rank of Patrolman, Detective-Investigator, Sergeant, and Lieutenant.
  3. There is one (1) non-sworn member from within the Department.
  4. There are three (3) public members from outside the Department.
    The public members must be community members or affiliated with one or more of the following:
    Crime Commission,
    Citizen’s Police Academy,
    Cellular on Patrol,
    Texas Education Agency, or
    the Police Foundation.
    They must not be otherwise disqualified under Subchapter B, Section 1701.052 of the Occupations Code attachment to the TCOLE Statutes, effective 09/01/99.
  5. A minimum of five (5) voting members must be present to constitute a quorum.
    A quorum must be present to conduct official business.
  6. Board members serve a minimum of two (2) years.
    The filling of scheduled vacancies will occur on a staggered basis, such that no more than 50 percent of the Board will be replaced in any one year.
    Board members are eligible for re-appointment by the Chief of Police.
  7. Board vacancies will be filled by the same procedures for filling beginning positions, as the vacancies occur.
  8. The Board will elect a Chairman and Secretary, to facilitate and record the minutes of the meetings.
    The Training Academy Staff forwards the minutes to TCOLE.
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F. Selection of Board Members

  1. A notice for the selection of both sworn and non-sworn Board members will be announced in the Daily Bulletin.
  2. All members wishing to be considered for appointment to the Board shall submit a written report to the Commander of the Training Academy.
    The report should contain information relevant to professional experience, assignment diversity, education, and training.
  3. A notice for the selection of public members will be sent to each non-department group listed in Subsection .04 E4 of this procedure.
  4. Public members wishing to be considered for appointment to the Board shall submitting an abbreviated resume to the Commander of the Training Academy.
    The resume should contain information relevant to professional experience, education, and previous performance in public service-related activities.
  5. The Chief of Police makes all appointments to the Board.
  6. Board members are replaced utilizing this procedure on a rotating basis, or as required to fill unscheduled vacancies, from requests for appointment retained on file.

G. The Board shall meet at least once each year to review any new proposed training developments.

.05 TRAINING PROVIDED TO MEMBERS
A. Initial Licensing Training:

  1. Training of police cadets (cadet curriculum) to include all TCOLE required courses.
    Examples include Penal Code, Code of Criminal Procedures, tactics, physical training, firearms proficiency, driving and dispute resolution.

B. In-service Training:

  1. Annual block of continuing training (minimum block of forty hours), to include TCOLE mandated training, legal updates, and firearms re-qualification.

C. Roll-Call Training:

  1. Training provided to officers at roll-call, generally prior to the start of the officer’s tour of duty.
    This training includes policy and procedure changes, as well as legal updates.

D. Specialized Training:

  1. Training provided for members whose assignment requires greater skills and knowledge than that received in cadet or in-service training.
    This training is designed to develop and enhance the skills, knowledge, and abilities particular to the specialization.

E. Career Development:
1. Training provided during a member’s tenure and/or in conjunction with a promotion.
This training may include areas of specialization designed to provide insight into a subsequent rank, which will assist an individual in preparation for promotional opportunities.

F. Non-Sworn Member Training:
1. Newly hired non-sworn members shall be provided training, to include, the Department’s goals, policies, procedures, and regulations.
Non-sworn members shall also receive information regarding their working conditions and their responsibilities and rights as employees.

G. Remedial Training:

  1. Training provided to members who are referred by the Officer Concern Program, a supervisory officer, the Chief of Police, or who are deficient in driving, tactics, firearms, or other areas as identified.
452
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San Antonio Police Department
GENERAL MANUAL
Procedure 325 – Training and Career Development

.06 TRAINING AVAILABILITY

A. Training in most of the above listed training categories is available within the Department for all members.

  1. Classroom training is conducted at the Police Training Academy.
  2. Field training is conducted by the Field Training Officers Program.
  3. Training conducted at the unit level by management or supervisory personnel may consist of supervised on-the-job training and roll-call training.

B. When a particular type of training is not available within the Department, the training may be provided by an outside agency, if the Department determines the training is beneficial to the member and the Department.

.07 RESPONSIBILITY FOR TRAINING

A. The Police Training Academy

  1. The Training Academy provides cadet, in-service, non-sworn, remedial, and career development training.
  2. The Training Academy provides Divisions, Sections, Shifts/Units, and Details with materials necessary for conducting roll-call training.

B. Divisions, Sections, Units/Shifts, and Details
1. Management and supervisory personnel are responsible for providing members with advanced, specialized, and roll-call training that is not provided by the Training Academy.

  1. Shifts, Units, or Details will conduct on-the-job training.
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.08 ATTENDANCE REQUIREMENTS AND DOCUMENTATION

A. All members, sworn and civilian, shall attend authorized Department and outside training programs and/or classes when scheduled to attend.
Members shall document their attendance by signing an attendance sheet that is provided by the unit or instructor conducting the training.

B. Members who are unable to attend a scheduled training program or class should contact the unit or person conducting the training program or class to re-schedule. 
Excusable reasons for not being able to attend a training program or class are:
  1. Court attendance;
  2. Illness;
  3. Department business when pre-approved by a supervisory officer; and
  4. Any emergency situation that can be documented.

C. The members in the members’ personnel training files.
Training Academy shall document successful completion of Departmental training programs and classes for sworn members 👉🏽👌

D. The Accounting and Personnel Office shall document successful completion of departmental training programs and classes, for non-sworn members, in the members’ personnel training files.

E. Officers successfully completing training programs and classes held outside of the Department should present certificates of completion to the Training Academy for entry into their personnel training files.

.09 CAREER DEVELOPMENT PROGRAM

A. The Career Development Program is designed to provide sworn and non-sworn members with the opportunity for individual growth and development at all levels in the Department.

B. The mission of the Career Development Program is to provide all members the opportunity to enhance their personal and professional need for growth, development and knowledge to foster job satisfaction and promote strong leadership.
The program is designed to train and educate members in areas specific to law enforcement to enhance the delivery of police services that benefits both the Department and the community.

C. The Career Development Program will enable the Training Academy staff to integrate a web-based system and streamline current processes that are required by TCOLE.
The web-based system, Training Academy On-Line, is located in the SAM Resources Section of the SAPD WEB intranet.
Members will have the opportunity to view scheduled courses and enroll in a course, as availability permits.

453
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 330 – Social Media

.01 INTRODUCTION

This procedure establishes guidelines regarding appropriate content for personal, social networking websites, web pages and other electronically transmitted or hard copied material with respect to the use of the San Antonio Police Department’s images, material, logos, video, data, information, or references to those entities.
The purpose is to ensure that members use appropriate discretion in the use of information and references to the San Antonio Police Department so as not to discredit the department;
to safeguard the release of information to unauthorized persons regarding crimes, accidents, police incidents or police training;
and to confirm that all members treat the official business of the Department as confidential as applicable by law or departmental policy.
This policy is not intended to obstruct the professional development of any member or to infringe upon any member’s protected rights to include communication, speech, or expression.

Lastly, this policy serves to remind all members that any unsolicited information brought to the Department’s attention may be used by the Department for administrative purposes as applicable to standing rules, regulations, policies, practices, and procedures.

.02 DISCUSSION

All members of the San Antonio Police Department are reminded that integrity, ethics, and professionalism are paramount staples in the law enforcement community.
Members are held to the department’s elevated standards of conduct whether on or off duty.
All members must avoid any conduct which would compromise the integrity of the Department;
undermine the public’s confidence in this agency;
compromise operational and officer security;
and/or adversely affect ongoing criminal, civil, or disciplinary cases;
or bring reproach or liability upon the Department as a whole.

.03 TERMINOLOGY:

BLOG: A commentary or self-published journal allowing visitors to post comments, feedback, or reactions.

COMMENT: Expressing a reaction or opinion on a webpage through remarks, in text, or video.

CONCERTED ACTIVITY: Activity that is protected under federal labor law.

DATA EXTRACTION: The process of extracting and/or finding pertinent data from an array of social media and internet related sources.
This process can be used as an investigative tool due to the frequency of persons often posting information about crimes they have committed on social media websites.

FOLLOW: Term closely associated with social media websites, referring to one being able to see others updates in their personal timeline.
Followers are people who receive updates (e.g. Twitter, Facebook, etc.)

OFF-DUTY: Time frame outside of a regular tour of duty and/or assigned duties.

ON-DUTY: A regular tour of duty and/or assigned duties, participant in a special assignment for the department, or when an incident occurs requiring members to act in the capacity of a police officer.

PAGE: A particular section of a social media website where the material included is managed and displayed by an individual(s) with administrator rights.

PODCAST: A program (audio or video) made available in digital format for automatic download over the Internet

POST: An item inserted into a blog, or an entry to any type of computerized bulletin board, forum, or social media site; the act of creating, uploading, editing or adding to any social media outlet.
This includes text, photographs, audio, video, or any other multimedia file.

SOCIAL MEDIA: On-line sources that allow people to communicate, share, and/or exchange information with others via some form of on-line or cellular network platform.
Information may include, but is not limited to, text, photographs, video, audio, and other multimedia files.

SOCIAL NETWORKING: The development of social and professional contacts; the sharing of information and services among people with a common interest.

SPEECH: Expression or communication of thoughts or opinions in spoken words, in writing, by expressive conduct, symbolism, photographs, videotape, or related forms of communication.

TWEET: A posted message on the social networking website Twitter.

VLOG: Similar to a blog except it is presented as video instead of text.

WEB SITE: A site (location) on the World Wide Web (www). Each web site contains a home page, which is the first document users see when they enter the site.
The site might also contain additional documents and files.
Each site is owned and managed by an individual, company, or organization.
This is a broadly used term generically covering the various social media sites as well as news, information, and other similarly organized locations on the World Wide Web.

WIKI: Web pages that can be edited collaboratively.
Wikipedia is a well known example, but wiki can be dedicated to any topic.

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.04 POLICY

It is the policy of the San Antonio Police Department that all existing laws, rules, regulations, policies, procedures, and directives that govern on and off duty conduct are applicable to conduct associated with a member’s use or participation with social media and networking.
When engaging in social networking, to include but not limited to YouTube, Facebook, Instagram, Twitter, etc., members will strictly adhere to any and all directives listed within this policy.
The San Antonio Police Department recognizes two general categories of social media usage among members.
These categories include departmental use of social media and personal use of social media.

A. Department-Authorized Use of Social Media:

The use of social media for the specific purpose of assisting the Department and its personnel in community outreach, problem solving, investigation, crime prevention, and/or other
Department related objectives may be done
only with prior written authorization by the
Chief of Police or his designee.

Members seeking to represent the Department via social media outlets shall obtain written permission from the Chief of Police, or his/her designee, prior to engaging in such activity.
In addition to the General Manual, SOPs, and rules and regulations set forth in the
City of San Antonio-Social Media Directive
(AD 6.15), the following provisions shall apply to department-authorized use of social media upon obtaining authorization:

  1. Properly identify themselves as a member of the Department except in instances whereby proper identification poses a risk to officer safety or may impede the progress of a criminal investigation.

Members with permission from the Chief of Police or his/her designee may exclude Department membership from their profiles.

  1. At all times, conduct themselves as representatives of the Department and, accordingly, adhere to all policies procedures, standards of conduct, and observe conventionally accepted protocols and proper decorum.
  2. Observe and abide by all copyright, trademark, and service mark restrictions in posting materials to electronic media.
  3. Department members shall not under any circumstances make statements about the guilt or innocence of any suspect or arrestee, or comments concerning pending prosecutions in accordance with GM Section 200, Rules and Regulations and Procedure 307, Public and Media Information.

B. Personal Use of Social Media:

  1. There is no reasonable expectation of privacy when engaging in social networking online while using City assets or during a member’s working hours.
    As such, the content of social networking websites may be obtained for use in criminal trials, civil proceedings, and administrative investigations.
  2. Members are prohibited from posting, transmitting, and/or disseminating any pictures, recordings, or videos of official Department training, activities, or work-related assignments without written permission of the Chief of Police or designee, through the Public Information Office (PIO).
    Furthermore, members are prohibited from posting, transmitting, and/or disseminating any pictures, recordings, information, or videos that are in violation of any provisions of the General Manual, and/or information that is not deemed as a
    “concerted activity” (Activity that is protected under federal labor law.) as defined by the National Labor Relations Board.
  3. Any member becoming aware of or having knowledge of a posting or of any website or web page in violation of the provisions of this policy shall immediately notify his/her supervisor,
    * in writing*; for follow-up action.
  4. Sites deemed inappropriate, whether an employment association or not, bringing discredit to this Department or to a member, or promoting or encouraging misconduct, whether on or off duty, may be investigated in accordance with
    GM Proc. 303, Disciplinary Procedures.
  5. All members shall treat the official business of the Department as confidential and will comply with
    GM Section 200, Rules and Regulations and
    Proc. 307, Public and Media Information.
  6. Members shall state that the views and opinions expressed on a social media site are the member’s personal views and not those of the San Antonio Police Department by incorporating a disclaimer indicating this on their personal page.
  7. Members are prohibited from using ethnic slurs, profanity, personal insults, and material harassing in nature, defamatory, fraudulent, or discriminatory, or other content or communications that would not be acceptable in a City workplace under City or agency policy or practice.
  8. Members are prohibited from displaying or posting sexually explicit images, videos, cartoons, jokes, messages or other material that would be considered violations of the City policy preventing sexual harassment in the work place and/or
    GM Proc. 918, Harassment / Discrimination in the Workplace.
  9. Members shall not post, share, text, “tweet,” photos; comments; videos; or other representations of police related calls, incidents, scenes or training without the prior approval of the
    * Chief of Police or Police Media Services*;
    * *unless such posting or sharing is for a legitimate police or investigative purpose.**
454
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 401:
Offense/Incident/Supplemental Reports

.01 INTRODUCTION
A. The purpose of this procedure is to establish guidelines for the preparation of the Department’s Offense/Incident/Supplemental Reports. These guidelines are to be followed should the Automated Field Reporting System (AFR) be off line at the time of the report.
B. The specific instructions for the completion of the offense report are found in the Training Bulletin titled, “Field Note Offense Report Instructional Guide.” This publication is available from the Training Academy upon request and the department’s website: https://sapdweb/Default.asp. (under Police Training Bulletins).
C. Specific instructions for proper DOCUMENTATION concerning TRANSGENDER individuals are found in the training bulletin titled, “Law Enforcement interactions with the TRANSGENDER Community.” This publication is available from the training academy upon request and on the department’s sapd web under references/manuals/documents and training bulletins.

.02 DISCUSSION
A. Offense Reports, Incident Reports, and Supplemental Reports will be completed on SAPD Form #2- 2, Offense/Incident/Supplemental Report. Offense Continuation information will be completed on SAPD Form #2-3, Offense/Incident/Supplemental Report (Continuation). These reports are used to document criminal offenses and other types of police incidents.
B. All reports require a case (assignment) number. A suffix number is only added in instances of multiple offenses (i.e., 123456/01 and 123456/02). A case number without a suffix number is presumed to have a suffix of “01.”
.03 REPORTS
A. Offense Report
1. An Offense Report is completed by an officer who is assigned report responsibility for a reported offense or who files a complaint, as well as for specific special issues (listed in Subsection .04).
2. When completing an Offense Report, the officer will mark the box titled “OFFENSE” on SAPD Form #2-2.
3. SAPD Form #2-2 is used for all occurrences prescribed in Section .05 of this procedure.
4. SAPD Form #2-3 is used to supply additional information on the handwritten offense report: and
a. Is required to supplement additional information on suspects, prisoners, missing or wanted persons, warrantless emergency detentions and recovered stolen vehicles; or
b. May be used for submitting information obtained through field interviews.
B. Incident Report
1. The Incident Report is the basic report form used to report many police activities. When completing an Incident Report, the officer will mark the box titled “INCIDENT” on SAPD Form #2-2.
2. The incident report form has a multi-purpose format and is used for reporting the following:
a. Minor incidents which are not required to be written on an offense report;
b. Private property crashes which are not reportable to the Texas Department of Public Safety, in accordance with GM Procedure 707, Crash Investigations;
c. Impounding vehicles for reasons other than the vehicles being involved in crashes;
d. Any administrative information which does not require a specific report form; and
e. Information reported by individuals regarding alleged criminal activity; and
f. All calls for shots fired that have been validated through the gunfire recognition alert system, unless an offense report is generated.

  1. A large amount of historical and statistical data can be retrieved from incident reports.
    Additionally, the reports are used by the courts, governmental agencies, and individuals in dealing with civil and criminal matters.
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C. Supplemental Report

  1. The Supplemental Report is completed within AFR by all officers who respond to a call and may have additional information such as; Dispatched to scene, Took some action, Witnessed some action, or had direct contact with the crowd, suspect, witnesses, etc. and this information is related to an offense/incident and the officer is not assigned the Report Responsibility.
    a. All officers that make the scene of a felony call with an apprehension SHALL write a Supplemental Report within AFR, detailing what actions they took or what they witnessed at the scene.
  2. All officers assigned to a call shall provide detailed comments by utilizing the ADD COMMENTS button on their Call For Service screen (CFS), whether they write an AFR report or not.
    a. For those officers that did not make the scene and their actions were not material to the call , they shall add the appropriate comments to the CFS screen and then use the COVER AVAIL button to return to service. The following examples illustrate typical entries/actions;
  3. Assigned to a quadrant, Cherry and Commerce, took no action. No AFR Report written;
  4. Shut down traffic at Houston and North Walters, did not make scene. No AFR Report written;
  5. Canceled en-route by dispatcher/supervisor, did not make scene. No AFR Report written;
  6. Assigned to call by accident, did not make scene. No AFR Report written; or
  7. Searched the area for suspect, did not find, and took no further action. No AFR Report written.
    b. For those officers that did make the scene or took some sort of action beyond those listed in section C.2.a. above, the following comments shall be added to the CFS screen, regardless whether or not a report was also written within AFR;
  8. Provided assistance at the scene for crowd control. Supplemental report written in AFR;
  9. Made the scene but was not needed and returned to service. Supplemental Report written in AFR;
  10. Assisted at the scene, transported witnesses to Homicide. Supplemental Report written; or
  11. Handling officer. Offense report written. 1 adult male, 1 felony charge (Agg Robbery).
  12. The officer will mark the box “SUPPLEMENTAL REPORT” on SAPD Form #2-2.

D. Supplement Report

  1. The Supplement Report, SAPD Form #2-2S, is used for adding additional information to box (43) Details of the Offense/Event, section of SAPD Form #2-2;
  2. When making changes or corrections to reports which have already been submitted into the system;

.04 THE PRELIMINARY INVESTIGATION

The Offense Report is prepared and submitted when the preliminary investigation reveals any of the following:

A. An offense classified as a Class B misdemeanor or higher (refer to the Texas Penal Code or GM Procedure 708,
Follow-Up Units);
B. A drug/narcotic violation:
1. Possession of Narcotic Paraphernalia; and
2. Inhalant Abuse (City Ordinance Violation).
C. A sex offense (i.e., Sexual Abuse, Indecent Exposure, Public Lewdness, or Disorderly Conduct by Exposure);
D. All thefts (to include confidence operations such as home improvement swindles, Pigeon Drop, Goldbar Swindle, or Three-card Monte);
E. Apparent Sudden Deaths (except deaths resulting from traffic accidents, refer to GM Procedure 707, Crash Investigation). It should be noted the word “Apparent” shall be used in the title, except in criminal homicide cases;
F. Any assault offense, regardless of punishment classification; and
G. Other incidents including:
1. Found Property;
2. Lost property;
3. Attempted Suicide;
4. Accidental shooting (with injury);
5. Criminal Mischief;
6. Missing Persons;
7. Warrantless Emergency Detentions; and 8. Federal Violations.

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San Antonio Police Department
GENERAL MANUAL
Procedure 401:
Offense/Incident/Supplemental Reports

.05 OFFENSE CLASSIFICATION TERMINOLOGY
A. The number of the Penal Code statute violated along with the title of the statue and monetary value of the loss (if applicable) are included in box number 3 of the offense report.

EXAMPLE:
P.C. 31.03 Theft $50.00 - $500.00
P.C. 22.02 Aggravated Assault

B. In some Theft (P.C. 31.03) and Criminal Mischief (P.C. 28.03) cases, a monetary value of the loss is not always necessary.

EXAMPLE:
P.C. 31.03 Theft from Person (i.e., Purse Snatching and Pickpocket)
P.C. 31.03 Theft Enhancement
P.C. 28.03 Criminal Mischief (i.e., Interrupting Public Communications)
P.C. 28.03 Criminal Mischief (i.e., Livestock)

.06 RESPONSIBILITY AND PROCEDURE FOR TURNING IN REPORTS

A. Refer to GM Procedure 407, Automated Field Reporting, for all AFR generated reports.

B. Should hand written reports become necessary, copies will be forwarded to the appropriate follow-up units, no later than the end of their tour of duty.

  1. Reports Request by Follow-Up Units

All reports requested by follow-up units will be completed within 24 hours from the date of request.

.08 OFFENSE CODING

The offense code is written by a member assigned to the Report Review Detail in the top left-hand corner next to the word “Offense.”

.09 APPROVING AUTHORITY

Supervisors will review and approve all reports written by officers assigned to their substation.

Supervisors will conduct Police Report Tracking System (PRTS) on all reports submitted by officers.

A. Supervisors will return reports which are incomplete or incorrect to the officer who wrote them.
Any corrections needed on a report will be made immediately by the officer for the supervisor’s approval.

B. Offense/Incident Reports written by non-sworn members and officers assigned to the Service Expediter System will be reviewed and approved by the Report Review Detail.

.10 REPORTS REQUIRING CALL-IN NOTIFICATION

A. In addition to completing the required reports, members shall immediately report the following types of incidents by telephone to either a member at the Security Desk, service area substations, or the Juvenile Processing Office for entry into NCIC/TCIC or the TLETS computer system:

  1. Stolen motor vehicle offense reports are reported to the appropriate service area police service agent
  2. Officers shall immediately call in all missing person reports to the Juvenile Processing Office
  3. Whenever a firearm is reported stolen, an officer shall immediately report the stolen firearm(s) to the appropriate service area police service agent
    by telephone for entry into NCIC/TCIC.
  4. The relocation or repossession of towed vehicles is reported to the police service agent at the Service and Security Agents Desk at Headquarters (207-7610) or
    the Service and Security Agents Office (207-7324).

B. Reports are then submitted at the end of the tour of duty with the words “CALLED-IN” written at the top of the report.

A

.11 REPORTS TAKEN BY SERVICE AGENTS AT THE SECURITY DESK OR SERVICE AREA SUBSTATIONS

A. When a complainant either calls or arrives at any service area substation in person to make a police report, the Service Agent assigned to the substation Security Systems Desk receives the information and completes the guidelines established in their SOP Manual;

B. Missing person reports will be handled in accordance with GM Procedure 610, Missing Persons;

C. When a complainant arrives at the Service and Security Agents Desk at Police Headquarters requesting to make a police report, Service and Security Agents Desk personnel will:

  1. Direct the complainant to the appropriate follow-up unit if located in the Police Headquarters building;
  2. Contact the dispatcher and request an officer to prepare the report if the follow-up unit is not located at the Police Headquarters building;

.12 HANDWRITTEN OFFENSE AND PRELIMINARY INVESTIGATION REPORTS

Completed handwritten offense reports are reviewed by the unit supervisor, who updates the status of the case record in the appropriate PRTS System.

A. Incomplete or unacceptable offense reports are directed to a supervisor in the reporting member’s chain of command for timely correction.

B. Acceptable reports are routed to Records Office personnel. The information from Offense Reports is then entered into the computer system, assigned an offense code, and finalized by data entry clerks.

C. The offense reports are then physically filed in the Records Office. In order to conform to the court decisions affecting the Privacy Act and the Open Records Act, two (2) separate reports are created by Records Office personnel from the offense report.

  1. Offense Report - This is the computer-generated report available to the public and the press in accordance with GM Procedure 307.
  2. Preliminary Investigation Report - This is the computer-generated report routed by Records Office personnel to the follow-up investigation unit.
    This report is not available to the public and press.
    It contains all information concerning the offense submitted by the member with report responsibility.

D. Members shall not include the names of individuals in the details section of reports, with the exception of officers’ names.

.13 MAKING CHANGES ON POLICE REPORTS

A. All police reports which have already been submitted and entered into the system needing additions, changes, or corrections must be accomplished by submitting a supplement report.

B. Supplement reports can be bin mailed or delivered to the Records Office.

C. If an error is made when writing a police report, simply draw a line through the error and initial the error, make the appropriate change.
Do not use liquid paper or whiteout agent of any sort on reports.

D. If an officer needs to be contacted to make any changes to reports per the request of any section/unit/office, they will be contacted through their chain of command.

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San Antonio Police Department
GENERAL MANUAL
Procedure 402 – Differential Police Response

.01 INTRODUCTION

This procedure establishes a set of alternative methods for the traditional field response of non-emergency/non-criminal requests for police services to include the Calls for Service (CFS) Reporting Program, the Service Expediter System, and the SAPD Website Self-Reporting Program.

.02 CALLS FOR SERVICE (CFS) REPORTING PROGRAM

A. The Calls for Service Reporting Program is a process designed to relieve an officer of the responsibility for submitting a written AFR report on assigned calls when certain criteria or conditions exist.
However, this program does not relieve officers of their responsibility to take and keep notes of any police action in which they are involved (refer to Rules and Regulations, Section 4.11).
In order to clear from Calls for Service reports officers will use the proper N-Code or Disposition, as listed below.
Officers DO NOT obtain an offense/incident number for a CFS report.
The reporting party is advised that a CFS report is available from Records.
Officers shall give the reporting party the CFS number (SAPD-2011-0123456).

B. The Calls for Service Reporting Program (herein referred as the CFS report) consists of a series of
N-Code numbers and statements outlining the specific criteria or conditions for use on the CFS report.

C. Some non-criminal reports may be made on the CAD into the comments section of the Call for Service sheet.
Reports involving any type of criminal offense must be completed on an AFR offense or arrest report as per General Manual Procedure 407, Automated Field Reporting.
Typically the AFR reporting system will only be used for reporting criminal offenses, those incidents where an offense police report is required, or other major incidents that are non-criminal in nature but are of such magnitude that need to be documented in a police report.
(Officers shall add notes to any CAD calls sheet even if the incident requires a police report so that this is available for research or investigations).
Notes added to the comments box on the disposition screen are acceptable but the officer is limited to 255 characters and once entered and then submitted, the officer is cleared from the call and is returned to Available status.
There is no character limit in the Add Comments box within the Call Screen and no limit to the number of comments that can be added by the officers.

  1. No slang, abusive, indecent, profane, or vulgar language may be used on the CAD and Mobile Systems, except when the language is a “quotation” and is essential to the investigation, a part of the offense, or related to the officer’s action.
  2. Due to NCIC/TCIC regulations, criminal histories may not be cut and pasted into the details of the CFS report.
    Additionally, vehicle registrations or personal history obtained from any type of CJIS search shall not be put or pasted into the comments section of the CFS report.
  3. The following is a list of information a member may include when adding a narrative in the comments section of the Calls for Service sheet when completing the CFS report:
    a. Name(s) of person(s) involved.
    b. Date of Birth (DOB).
    c. SID numbers (Not to include SID returns)
    d. Vehicle year, make, model, color, license plate and/or VIN number, and description.
    e. Insurance provider and phone number (not to include policy number).
    f. Estimated amount of property damage or loss.
    g. Summons number (this number is usually listed on the front of the notice).

NOTE: .03 (a.)-(g.) will be in a separate comment box with the Confidential Box checked.

h. A DETAILED NARRATIVE of the incident and action taken.
4. The following will not be entered when adding remarks or completing a Calls for Service report:

a. Names of juvenile suspects or juvenile victims.
b. Child Abuse/Neglect suspects, victims or Reporting Person’s names.
c. Sexual Assault victims’ names.

A

D. Dispositions, N-Code Numbers and Statements:

C-CLR AFR/CRASH REPORT:
This status is used to clear any incident where the officer has obtained a case number and is writing any type of report
(accident, offense, supplement, etc.).

CO1 = CLR ONSITE ACTIVTY-NO RPT:
This disposition is used to clear the officer of any onsite activity where they have NOT obtained a case number to write a report.
This status will be used to clear from a field contact

CO2 = CLR TRAFFIC STOP-NO RPT:
This disposition is used to clear the officer after he has completed a traffic stop and has NOT obtained a case number to write a report.
Officer shall add comments to either the Call Screen or within the disposition comments box,
to include actions taken and citations issued.

N-Code 1: No Such Address -
Found no such address or location – Effort was made to locate complainant – Call back by dispatcher unsuccessful.
Comment notes shall include what actions the officer took to verify no such address existed.

N-Code 2: Occupant Did Not Call -
Arrived at location, occupant stated he did not call – Ascertained no problem or incident occurred – Call back by dispatcher unsuccessful.
Comment notes shall include name of person contacted and actions taken to verify the lack of a necessity for a police response.

N-Code 3: No Complainant -
Arrived at location, unable to locate a complainant – No evidence present which indicates an incident had taken place – Call back by dispatcher unsuccessful.
Comment notes shall include the measures the officer took to locate a complainant or ascertain an offense did not take place.
Not to be used on any self-generated On-Site Activity calls that are created by the handling officer.

NO4BC: Commercial Burglar Alarm - To be used for any commercial location, other than a panic alarm.

NO4BR: Residential Burglar Alarm - To be used on any residential location, other than a panic alarm.

NO4G: Government Alarm - To be used on any location that is designated as a government location.

NO4PC: Commercial Panic Alarm - To be used for a panic alarm that occurs at a commercial location.

NO4PR: Residential Panic Alarm - To be used for a panic alarm that occurs at a residential location.

These codes are to be used on False Alarms - Burglary, robbery, panic alarms etc.
Officers shall add notes to the Calls for Service Screen indicating actions taken at scene.
Example: Building/habitation physically secure, no apparent evidence of criminal activity for alarm notification, large dog inside the home, etc.
When these N-Codes are used for on-site activity, the reporting officer notifies the dispatcher of the type of alarm and the precise address of the alarm site.
These N-Codes may be used even though the officer is physically unable to check the building/habitation because of an obstacle
(i.e., fence, locked gate, dogs, etc.),
but there does not appear to be any evidence of criminal activity.
The comment “False Alarm” alone is not adequate.
Should the officer make contact with the complainant or alarm company agent and be informed the location is secure; the call is given the appropriate N-Code.
On a residential or commercial panic alarm officers shall indicate in the comments if it was a false alarm and what actions they took at the location.

N-Code 5: Return Call - Added return call to previously written report.
Note: Only the officer who handled the original call can use this N-Code number.
Comment section shall contain the original case number that was used.

N-Code 6: Outside Agency Case - No action taken –
Proper jurisdiction notified or advised complainant to notify proper jurisdiction.
Comment section shall contain the agency that will handle the call and what actions the officer took at the scene.
For example: Theft of money occurred in Leon Valley. Leon Valley follow-up Detective provided copy of supplement report and will handle investigation.
Note: A report is written whenever any action is taken, such as complainant/witness interviewed, evidence handled, etc.

N-Code 7: Canceled by the dispatcher -
This N-Code number is used solely by the dispatcher when the call is canceled by the complainant or when an officer receives an internal assignment such as transporting witnesses or prisoners, making notifications for the Investigations Division, or a special assignment or traffic assignment.
Comment section shall contain officer’s actions taken for this particular service.

N-Code 8: Patrol-by given to officer by dispatcher or Field Supervisor.
A. If assigned by dispatcher:
1. Officers acknowledge the call and advise the dispatcher he will be 10-08 (in service).

B. If assigned by Field Supervisor:
1. Field Supervisor’s will assign themselves (self assign icon) to the pending call that the Supervisor wishes to make a patrol by.
2. The Supervisor will then add comments assigning a particular officer to Patrol-by
(e.g. 4250A, Officer Smith #1234, was assigned to Patrol-by due to drug activity).
3. Once the comments are added the Supervisor will send a CAD Message to the assigned officer informing them of the Patrol-by.
At the minimum the message will contain the CFS#, location of Patrol-by, and reason for the Patrol-by.
4. The Field Supervisor will then clear from the call using the Primary 10-08 icon, placing an N08 on the call.
5. The responsibility of the Patrol-by lies with the officer receiving the CAD message from the Field Supervisor.
The officer will acknowledge the Patrol-by with a return CAD message to the Field Supervisor.
C. Absent exigent circumstances, officers will patrol by the location during their tour of duty and upon completion get a time check from the dispatcher.
D. If action is taken on the patrol-by, the officer will request to be re-assigned under the original CFS#.
Comments shall then be entered by the officer, either in the disposition box or by adding comments to the call screen, and then the dispatcher will put the appropriate n-code on the call.

N-Code 9: Bad Weather False Alarm -
False burglary, robbery, or other type of alarm when caused by severe weather conditions. No further action is required. Comments shall be put either in the disposition box or by adding comments to the call screen.

N-Code 10: Rec STL Veh or Add Info -
Found missing person, recovered stolen vehicle, recovered property, or any other miscellaneous call where the incident has been previously handled under an original SAPD case number.
Note: The officer assigned to the call must write a supplemental report under the original SAPD case number and list the ORIGINAL CFS number on the supplement report.
The supplemental report will then flow into the RMS and cancel the stolen or missing notification.
The officer then places an N-code 10 on the new CFS number.

N-Code 11: Call canceled by a Communications Unit supervisor -
This N-Code is used solely by the dispatcher.

N-Code 12: Canceled by Field Sgt -
This N-Code is used only at the discretion of a field supervisor based on sufficient information about the call in question (i.e., chronic caller).

N-Code 13: Disturbance/Miscellaneous -
This N-code may be used for a variety of disturbances that are non-violent and where no criminal offense has occurred.
Examples of these types of disputes would be civil disagreements, non-violent disturbances
(i.e., family, neighbor, etc.)
and other types of disturbance calls.
When writing the CFS report, officers shall include the required information as listed in section .02c and include any other pertinent data.
Comments can be written as presented below:
Contacted the parties and determined it is a civil matter (No legal jurisdiction in civil matters) – There was no breach of the peace or any criminal incident – No police action was taken beyond referral to civil resources like an attorney or small claims court
(i.e., peaceful picking up of belongings).
Contacted the parties who are husband and wife - There was no breach of the peace or no criminal incident – No police action was taken beyond counseling the two parties and referrals to additional counseling services if needed in future disputes.
C-James Smith WM 05-12-63, O1-Susan Doe WF 04-18-53.
Contacted C who stated that he had purchased a motorcycle from O1 who failed to tell him that the engine would need to be overhauled in order to it continue to operate.
C now wants O1 to refund his money and take back the motorcycle.
O1 stated that he sold the motorcycle to C, “as is”, and was not aware of any mechanical issues with the motorcycle when he sold it.
Both parties were advised to contact attorneys and seek remedies in civil court.

N-Code 14: No show-Exchg of Children -
Complainant was not given child(ren) back because the other party did not show up as agreed – (visitation violation).
Comment section shall detail the names of the parties and who did not show up as agreed.
Parent’s names will suffice.

N-Code 15: Stand-by -
For all stand-bys.
Comment section shall detail at a minimum the names of the parties involved and state that the exchange was peaceful.

N-Code 16: Assist the public -
The officer provided some kind of minor assistance to the complainant for a non-criminal matter
(i.e., changing a tire, giving directions, educating the public, etc.).
Comments shall be added either in the disposition box or by adding comments to the call screen.
Officer was flagged down by motorist who needed assistance with their vehicle. The battery on vehicle had died. Motorist had jumper cables which were attached to patrol vehicle which allowed for their vehicle to be started. Motorist was able to leave location. No further action.

N-Code 17: Animal Call -
Miscellaneous animal calls where no police action has to be taken
(i.e., loose pets, grass snake in the yard, etc.)
Comments shall be put either in the disposition box or by adding comments to the call screen.
NOTE: This is not utilized for Noise Complaints
(i.e., barking dogs, roosters crowing, etc.).
Refer to GM Procedure 605,
Miscellaneous Offenses and Complaint Calls,
for the handling of Noise Complaints.

N-Code 18: Repeated Call -
Repeated call where no further information is given and it has been verified the call is already assigned to another officer – either the dispatcher or the officer who is aware of this situation may N- Code the repeated call.
Comments shall be put either in the disposition box or by adding comments to the call screen.

  1. N-Code 19: No Insurance, Not Towed - Decision not to tow based on:
    —Condition of driver (elderly, sick, etc.).
    —Weather conditions.
    —Call load.
    —The driver is from out of state.
    —Small children in the vehicle and/or the number of children.
    —If the driver or other occupants are disabled.
    —There were animals in the vehicle.
    —The nature and quantity of contents in the vehicle (potential financial loss, perishable items, etc.).
    —Exigent circumstances (health care crisis, etc.).
    —Time of day.
    —Location (desolate areas, open fields/safety issues, etc.)

NOTE: No Insurance, Not Towed - This is used for incidents involving uninsured drivers failing to provide “Proof of Financial Responsibility.” Please note in your Calls for Service screen one
or more of the reasons listed below as to why the vehicle was not towed and what actions were taken.
This is in conformance with GM Procedure 607, Impounding Vehicles

N-Code 20: No Insurance, Towed -
Used when the vehicle is towed for no insurance.
Officers shall make notes within the Calls for Service screen as to why the vehicle was towed and what actions were taken.

The CFS number will be used on the Towing Service Report (TSR) in lieu of a case number

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San Antonio Police Department
GENERAL MANUAL
Procedure 402 – Differential Police Response
D. Dispositions, N-Code Numbers and Statements:

N-Code 21: Accident No Injury -
Crashes not required to be reported under GM Procedure 707, Crash Investigation.
Should the driver(s) desire documentation of the crash, a computer generated report may be obtained via the Records Office.

  1. Officers must keep a record of the driver’s names and driver’s license numbers of all individuals involved and the vehicle license number of all vehicles involved along with the required information listed in section .02c and any other pertinent information.
    Officers SHALL advise the reporting parties that a CFS report instead of a crash report will be prepared.
    As a reminder, this N-Code is only used for the following type of crashes, listed below,
    occurring on any street or highway that does not require a police investigation.
    In these situations, the responding officer will provide the drivers with TXDoT Form #CR-2 and advise them that they are responsible for filling out the report and submitting it to TXDoT within 10 days of the crash:

a. Crashes with no injuries, complaints of injury, or deaths;
b. Crashes where vehicles can be “normally and safely” driven from the scene;
c. Crashes where drivers have valid driver’s licenses and proof of insurance for the vehicles;
d. Crashes with no other exigent or unusual circumstances that would require a police investigation; and
e. If there is any question, the responding officer shall report the crash on TXDoT Form #CR-3, Texas Peace Officer’s Crash Report.

  1. Officers will list the following details of the accident and parties involved:

a. Name(s) and driver license number(s)
of Driver(s) involved
b. Race, Sex, and DOB.
c. Vehicle Information: Color, Make, Model, Year, and LP and/or VIN.
d. Name of Insurance Companies and phone number (Do not include Policy Number).
e. Vehicle damage rating.

  1. Officers SHALL include the following information in the comments section of the CFS screen:

a. A brief account of the incident and action taken;
b. If possible, officer shall determine fault in the accident. If unable to determine fault, at a minimum, officer shall put each driver’s account of the crash and list any contributing factors, if any apply.
For example:
Vehicle 1: 2010 Red 4dr Ford Escort Damage: FR1
Driver 1: Jane Sanders.W.F.59
State Farm insurance policy 1-800-123-4567

Vehicle 2: 2011 Blue 2dr Honda Prelude Damage: RBQ1
Driver 2: Andy Smith.B.M.33
Allstate Insurance policy 1-800-123-4567

Driver 1 was northbound on Main. Driver 2 was legally parked on Main and was backing out of a parking space to head north on Main.
Driver 2 stated that he did not see Driver 1 coming and when he backed up Vehicle 1 struck his vehicle which resulted in minor damage.
Driver 1 stated that she was headed North on Main and did not see Vehicle 2 backing up until it was too late to stop.
There were no injuries to either driver.
Both drivers exchanged information and were given Form CR-2 and SAPD12-DARS.
Drivers were informed that a CFS report, and not a crash report, would be prepared and a copy would be available as records located at the main headquarters.

Because of NCIC/TCIC regulations, criminal histories may not be cut and pasted into the details of the CFS report.
Additionally vehicle registrations or personal history obtained from any type of CJIS search shall not be entered into the comments section of the CFS report.

This will be kept in the officer’s notes in accordance with Section 4.11 of the Rules and Regulations.

A

N-Code 22: Abn Veh-Pub St/St Cty Prop -
(Green Sticker) Vehicle abandoned on any public street (this includes the interstates) or any dedicated street on city property.
If the vehicle is impounded the officer shall add notes to the Calls for Service Screen to document his actions.
An AFR information report is not necessary for an impounded abandoned vehicle unless the situation is of such magnitude the officer determines an AFR information report will be prepared.

The following is a CFS report example of a LMDT entry for an N-Code 22:
“Vehicle was legally parked, but appeared to be sitting in same location for some time, unmoved. Officer shall list the license plate, color, and a description of the vehicle.
Vehicle green stickered as required.”

N-Code 23: Officers responding to mental health calls will have three N-Codes available to use as the disposition of the Call for Service, if a report is not required to be written.
They are as follows:
1. N23MH – Mental Health No Complainant –
This N-Code is used when officers are dispatched to a location for someone who may be having a mental health issue and upon arrival they do not find anyone.
2. N23MHN – Mental Health No Criteria for Emergency Detention –
This N-Code is used when Officers arrive at the call and after talking to the consumer, it is determined the consumer has mental health issues but the consumer is not homicidal, suicidal, or in a state of mental decompensation. The consumer and family if present, is given resources they can use.
3. N23MHR – Mental Health – Refused Services –
This N-Code is used when Officers arrive at the call and after talking to the consumer, it is determined the consumer has mental health issues but the consumer is not homicidal, suicidal, or in a state of mental decompensation.
The consumer also REFUSES any assistance and does not want any information on resources available to them.

N-Code 99: Administrative Reports -
Supervisor handling a complaint administratively.
This N-Code is used only by a supervisor when a CFS number has been generated for a complaint which is going to be handled administratively in accordance with
GM Procedure 303, Disciplinary Procedures.

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San Antonio Police Department
GENERAL MANUAL
Procedure 402 – Differential Police Response
.03 CALL FOR SERVICE REPORTING PROCEDURE FOR FIELD OFFICER

A. On any call which would require an officer with report responsibility to submit an AFR information report, the officer is relieved of the responsibility for submitting an AFR information report if the actions taken by the officer consist entirely of one of the
N-Code number statements that can be covered by
the CFS report.

If the situation or condition is not entirely covered by an N-Code number statement/CFS report,
the officer must submit a written report covering the incident.

B. If the incident is one covered by an N-Code number statement, the officer with report responsibility shall either use the Call for Service report option, by putting the appropriate information in the comments field as listed in .02c and then assign the appropriate N-Code using the LMDT, or may opt to write an AFR report covering the incident.
Officers shall, whenever possible, utilize the CFS report, and then apply the appropriate N-Code.

C. In situations covered by N-Codes 1, 2, or 3, the officer, prior to N-Coding the call, will:
1. Request the channel dispatcher to call back the telephone number listed for the complainant;
and
2. Write a report if there is any indication or evidence of criminal activity having taken place.

D. In situations covered by N-Code 10, the officer will obtain the original SAPD case number for the previously handled call and write a supplemental report.
Officers shall put the original case number (SAPD11123456) and original CFS number (SAPD-2011-0123456) on the supplement report.

E. The CFS report, along with the appropriate
N~Code number, is the officer’s official report of an incident.
All departmental rules, regulations, and procedures concerning reports are applicable to the
Calls for Service Reporting Program.
The officer shall provide the CFS number (SAPD-2011-0123456) when requested and advise the complainant that a brief computer-generated report will be available at the Records Office.

F. N-Codes 13, 16, and 17 require a brief justification be entered either by the officer or by the dispatcher to differentiate the calls.
There is no character limit for the Add Comments box on the Call Screen.
1. The following is a CFS report example of a LMDT entry for an N-Code 13:
Called for defective cell phone between Jack Smith 03-22-79 and Sprint Mgr Jesse Jones explained this is a civil matter.
Or
contacted James Smith who explained that his wife had accidently thrown away a prized personal item and resulting in a family dispute.
No violence occurred.
Mr. Smith advised that the neighbor had called when they heard them arguing.
Or
complainant called in a suspicious person in the alley and the officer arrives to find a CPS worker checking meters. The worker is identified and it is determined that no criminal activity is taking place. Complainant notified if requested to be contacted.

  1. The following is an example of a LMDT entry for an N-Code 16 (assist the public):

Assisted a citizen with changing a flat tire.
Or,
contacted Jack Smith 03-22-79 who stated that he felt his neighbor was using his garage as a mechanics shop.
Contacted Mr. Smith and determined that he was within the confines of the city ordinance.
Advised Mr. Smith and provided direction as to where he could research various city ordinances should he feel violations are occurring in his neighborhood.

  1. The following is an example of a LMDT entry for an N-Code 17:
    Chased one red cow back into fenced area.

G. N-Codes 5, 10 and 18 require the case number under which the incident was originally handled be entered.

  1. The following is an example of a LMDT entry for an N-Code 18 where a second officer was dispatched to an accident already being handled.
    “I was dispatched to the listed to location for a minor two vehicle accident.
    Upon arriving 5210B was already handling the call under SAPD11123456.”

H. N-Code 22 requires the license plate or VIN of the abandoned vehicle be entered.

  1. The following are examples of LMDT entries for an N-Code 22:
    abc123 red Chevy truck with 2 flat tires and
    expired inspection facing oncoming traffic.

I. If an officer spends an extended period of time (i.e., over 1 hour)
he should use the appropriate discretion to determine whether an AFR report or the proper N-Code/CFS report is used or completed.

Additionally officers are still required to submit a supplement report when assisting on major felony case or involved in any case where an arrest has occurred, evidence is handled, or witnesses are interviewed by the officer.

A

.04 N-CODE REPORTING PROCEDURES FOR DISPATCHER

A. Dispatchers will update the status of a call with an N-Code number when requested by a field officer only under the following conditions:

  1. The appropriate N-Code number is one the dispatcher is authorized to use.
  2. The Mobile system or the officer’s LMDT is not operational; or
  3. The CAD system is down and manual keycards are being used by the dispatcher.

.05 DIFFERENTIAL POLICE RESPONSE (DPR)

A. This section provides all members with an overview of the handling of non-emergency Calls for Services received by the San Antonio Police Department.
DPR specifically details which calls are to be expedited or self-reported, and which calls the Department will not respond to.
Additionally, DPR outlines the holding of certain calls during patrol shift changes.
Applicable reports will be taken in accordance with this procedure.

B. DPR is a set of alternative methods to the traditional field response to non-emergency
requests for police services designed to:

*1. Reduce response time;
*2. Increase volume of expedited calls;
*3. Increase officer safety and patrol availability;
and
*4. Reduce cost.

C. DPR Criteria –
In order to determine the appropriate police response relative to Calls for Service received,
Communications Unit personnel have been trained to use the following five criteria in assigning call priority:

 1. Urgent - The call will be dispatched as soon as possible and officers will arrive as soon as they safely can.
 2. Standard - The call will be handled by the next available officer, who should arrive within  * fourteen (14) minutes*.
 3. Delayed - The officer working the area should be contacting the caller within *one hour* or if the caller prefers, the caller can be immediately transferred to an expediter.

 4. Expediter - Calls handled by phone. 

The following types of calls may be expedited:

a. Burglary of Coin-Operated or Coin Collection Machines;
b. Criminal Mischief;
c. Graffiti;
d. Additional information;
e. Lost property;
f. Obscene, harassing or threatening phone calls;
g. Thefts/Gas drive offs;
h. Theft of Service;
i. Threats, unless direct imminent danger;
j. Burglary of Vehicle;
k. Credit/Debit Card abuse;
and
l. Identity Theft.

  1. Self-Reported - Calls which may be self-reported by filling out the appropriate forms via SAPD Website or going to nearest substation to fill out the appropriate forms.

D. Cold Case Calls to be Expedited

  1. Cold Cases are defined as cases where there is no potential risk of personal injury or property damage and have been reported by the complainant as not currently ongoing
    (i.e., Gas drive off at HEB, fled SB on WW White RD 10 minutes ago).
    Calls determined to be cold cases shall not be considered “in progress” and shall not require an officer at the scene.
  2. Information received by call-takers which is determined to be relevant will be forwarded to affected patrol sections
    (i.e., stolen vehicle, suspect descriptions, etc.)
    in the form of a BOLO.
  3. Expedited calls requiring evidence collection/processing will have an applicable officer/detective assigned to retrieve/process item(s) under the expediter’s case number.
  4. If, while expediting a Call for Service, it is determined it cannot be properly handled via telephone, the call will be updated and sent to dispatch for assignment to a field officer.

E. Cold Case Calls to be Expedited by Field Officers

  1. Calls that are determined by the field officer as meeting the criteria for a cold case may be expedited as well as those that are sent to the appropriate dispatch channel from the call-taker for those calls that are unable to be expedited due to call volume.
  2. The field officer has the option of handling the call in two ways:
    a. Make the location and handle the report;
    or
    b. Expedite the call from the field.

(1) Using a personal cell phone.
(i) Use of personal cell phones is strictly voluntary.
(ii) There will be no reimbursement for use of personal cell phones.
(iii) Use of call block (*67 on most cell phones) is highly encouraged.
or
(2) using a landline phone.

  1. If the field officer chooses to expedite the call, the officer will initiate the following:

a. Inform the dispatcher they will expedite the call.
b. Inform the dispatcher of the location (by address) where they will expedite the call from and the method that will be used.

(1) From a cell phone from their patrol vehicle.
(2) A landline phone, if using this method, officers will identify the actual address they are making the call from to the dispatcher.

c. The officer will note in the call screen to reflect the officer is expediting the call from the field and will log the location where the call will be made from.

  1. If the call is being expedited by the officer, the dispatcher will ensure that the method used and location is annotated in the call screen
    a. Patrol car (if a cell phone is used).
    b. A landline phone. If using this method, officers will identify the actual address they are making the call from to the dispatcher.
  2. In the event a field officer expedites a cold case call and the officer determines the call is in progress or the suspects are still in the area:
    a. The field officer will immediately notify the dispatcher the call cannot be expedited and proceed to the location of the call and handle it in accordance with the applicable GM procedure.

b. The dispatcher will annotate reasons why this call can’t be expedited and promptly change the unit status of the officer, reflecting the officer will make the location of the call.
6. Field officers will also utilize other guidelines in Subsections .05D2 and 3 of this procedure as applicable.

.06 SELF-REPORTING SYSTEM REPORTS

A. Under DPR, several different types of calls can be self-reported.
B. Complainants will be able to make these reports by going to the San Antonio Police Department Web Page at ( www.sanantonio.gov/SAPD ) or
going to any substation to fill out the appropriate forms.
The following types of calls may be self-reported:

  1. Burglary of coin operated machines without identifiable suspect
    (i. e., name, address, license plate, TDL, SSN);
  2. Criminal Mischief up to $500.00 in damages or Class B misdemeanor without identifiable suspect;
  3. Graffiti up to $500.00 in damages or Class B misdemeanor without identifiable suspect;
  4. Lost Property (except firearms);
  5. Thefts/Gas drive off up to $500.00 in loss (except if weapons/threats of violence are involved) without identifiable;
  6. Theft of Service up to $500.00 in loss without identifiable suspect; and
  7. Burglary of Vehicle
    (except when a firearm is stolen)
    without identifiable suspect
    (i.e., name, address, license plate, TDL, SSN).

.07 NON-DISPATCHED CALLS

A. Under DPR, the following types of calls normally will not be dispatched or responded to.
Currently, these calls could either be better remedied by another agency or certain criteria or conditions do not exist for a police response
(i.e. no breach of peace or criminal intent is present).

  1. Animal calls which do not pose an imminent threat to public safety
    (some barking dog calls may be dispatched due to the noise nuisance);
  2. Calls to apartment complexes for the purpose of enforcing house rules
    (i. e., people in the pool after hours, parking in the wrong slot, etc.);
  3. Code compliance calls.
    These are calls where the City codes have been violated on private property
    (i.e., neglected lawns, abandoned vehicles on private property, etc.);
  4. Calls for misbehaving children, to include children refusing to go to school;
  5. Civil matters where there is no breach of the peace;
    and
  6. Private property crashes (non-intoxicated related) without injury.

B. Although the calls listed above normally will not be dispatched, officers shall make all calls assigned by the dispatcher and they shall not dispute these calls or argue with the dispatcher.
If an officer feels the call should not have been dispatched, it can be brought to the attention of a supervisor after the call has been made.

.08 CALL HOLDING AT SHIFT CHANGES

A. Dispatchers will hold certain calls during the following shift change hours:
0550-0630 & 1320-1400.

B. During the above call hold periods, for
non-emergency calls, callers will be given the option of calling back during any of the following time periods: 0800-1200, 1600-2000, and 0100-0500.

C. Non-emergency calls and crimes which are not in progress should be held at shift change.

D. DPR eliminates a great number of late calls by providing for call expediting and the holding of calls for the oncoming shift.

Officers shall no longer request late calls from dispatchers.

459
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 403 –
🖕🏾🖕🏽🖕🏿🖕Communications 🖕🏾🖕🏻🖕🏼🖕

.01 INTRODUCTION
This procedure identifies the necessary components and responsibilities of the communications process which are
essential for maintaining the high quality of service provided by the Department.
.02 DISCUSSION
A. The various elements of communications constitute essential links in the coordination and delivery of police services. Citizens’ expectations of the Department include prompt response to the wide variety of calls received. A clear and effective communications process must be followed to ensure efficient field operations and continued confidence of the community.
B. The Communications Unit’s role is the focal point of this process. Consequently, the Communications Unit, as authorized by the Chief of Police, has the authority to direct field units.
.03 CLASSIFICATIONOFCALLS
A. A Code-One Call is a request for police services which does not present an actual and immediate potential for
serious injury, damage or loss of property. A code-one call generally requires only a routine police response.
B. A Code-Two Emergency Call means a request for police service where the immediate rapid response or arrival of policeunitswillreducetheprobabilityofseriousinjury,damageorlossofproperty. CommonCode-Tworesponses include bomb threats and animal bite in progress.

  1. The following will be dispatched Code-Two:
    • Overdose in Progress*
    • Threats Bomb with Device*
    • Threats Bomb in Progress*
    • Shot-spotter Alert*

C. A Code-Three Emergency Call means a request for police service that presents a threat or immediate danger of death or serious bodily injury to any individual. Both, the threat and the need for assistance must be immediate. An example of a Code-Three emergency call would be a shooting in progress or a disturbance with a knife/gun involved.

  1. The following calls will be dispatched Code-Three:
Accident Major 
Disturbance Neighbor Gun Involved 
Rape in Progress
Accident Major Officer (involved?)
Disturbance Neighbor Knife Involved 
Robbery in Progress
Assault in Progress 
Family Violence Gun Involved 
Robbery Individual in Progress
Burglary in Progress 
Family Violence Knife Involved 
Shooting in Progress
Burglary Vehicle in Progress 
Fight Gun Involved 
Suicide in Progress
Cutting in Progress 
Fight Knife Involved 
Theft of Vehicle in Progress
Disturbance Gun Involved 
Fire (Structure/Vehicle) 
Child Locked in Vehicle
Disturbance Knife Involved 
Holdup Alarm in Progress 
High Water Rescue
Disturbance Family Gun Involved 
Officer in Trouble in Progress 
Drowning
Disturbance Family Knife Involved 
Officer EMS in Trouble in Progress

NOTE:
Some of the above calls carry potential for increased danger during confrontation.

A

.04 CALL ASSIGNMENT
A. The Department has a responsibility to respond with a degree of promptness appropriate to the situation. While the priority spectrum and degree of urgency is wide, each call is extremely important to the individual placing it. For this reason, dispatchers are not restricted to district or section boundaries, or even rank (under exceptional circumstances) when assigning calls.
B. A call, including a cover call, is assigned to uniformed personnel under a dual concept, which is:
1. Calls are held in accordance with GM Procedure 402, Differential Police Response; and
2. Assigning the officer who is available for service (normally the officer nearest the location) provides the most prompt response.
C. The call is dispatched to an officer/UEDI in the following order, if practical:
1. Officer/UEDI assigned to the district (or section, in the case of a Crime Scene Unit Investigator) where the call is located;

  1. Officer/UEDI completing a call in the district
    (or section, in the case of a Crime Scene Unit Investigator) where the call is located;
  2. Officer/UEDI assigned to an adjacent or nearest district (or section, in the case of a Crime Scene Unit Investigator) to the location where the call is located; and
  3. Officer of any rank, available for service, who may be in close proximity to the call.

D. A cover officer(s) is dispatched to any situation that presents a potential for physical threat to the officer responding.

  1. Assignment of a cover call is at the discretion of the dispatcher, although an officer with primary report responsibility may elect to request cover based on direct knowledge of the situation.
  2. Once a cover officer has been dispatched to a call involving weapons, multiple actors, or a crime in progress, the cover officer will not be canceled until the first officer arrives at the scene and assesses the situation.
  3. An officer, not on assignment, who is in close proximity to a call which requires a cover officer, may elect to respond, although he will remain available for service unless authorized and marked out by the dispatcher.

E. An officer arriving at the scene of a call prior to the officer with assigned report responsibility shall request the dispatcher’s permission to handle the call.

F. An officer encountering an on-site call prior to its dispatch is expected to handle it,
except at the dispatcher’s discretion when the officer is on another assignment.

G. An officer/UEDI or Crime Scene Investigator is subject to cancellation from a call or assignment by the dispatcher and placed back in service under the following conditions:

  1. When information is received eliminating the need for further response;
  2. A supervisor determines the officer is not needed;
    or
  3. A complainant refuses police services (i.e., fingerprinting stolen vehicles or burglary scenes).

H. A call involving potential or reported threats of violence is not canceled under any circumstance.

I. Investigative personnel are sent when required by established procedure or requested by field personnel.

—> Dispatchers will not wait for confirmation from the responding officer/UEDI before dispatching a Crime Scene Unit Investigator to a reported
shooting or cutting..

J. A supervisor is sent when required by established procedure or requested by field personnel.

K. The Communications Unit supervisor is notified when a call to a major incident is dispatched, or any other call requiring a number of officers to respond.
For example:

  1. Officers in trouble;
  2. Pursuits;
  3. Large disturbances;

L. The Communications Unit supervisor shall monitor major incidents (examples listed above), coordinate the allocation of uniform resources with the uniform supervisor, and maintain effective uniform strength.
The Communications Unit supervisor will prepare and forward an all-route electronic advisory as necessary.

460
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 403 – Communications
.05 RADIO TRANSMISSIONS

A. Radio traffic congestion not only reduces the efficiency of uniform units but compromises officer safety.
It is the responsibility of each participant in the communications process to minimize radio traffic congestion to the greatest extent possible.

B. Federal Communications Commission regulations prohibit any form of superfluous, indecent, or unauthorized radio communications.

C. All voice and data transmissions conducted on any police frequency shall be directly related to police business.
Personal messages of an emergency nature may be relayed with the authorization of a supervisor.

D. All voice and computer transactions over police channels are recorded or logged primarily for the purpose of legal documentation and are available for review by supervisory personnel.

E. Officers below the rank of sergeant are not authorized to initiate direct communication between uniform units on a primary frequency, unless the following criteria are met.

  1. The transaction must be incidental to an emergency in progress;
    or
  2. The dispatcher’s permission must be secured prior to transmitting.

F. Officers may use open channels or computers as a police communications link between uniform elements.

G. Emergency communications supersede all other forms of radio communications.

H. Dispatchers suspend radio transmissions on all channels before broadcasting any emergency information.

A

I. Code-One Call Transmission Sequence

  1. The dispatcher calls the entire call number of both the officer and cover officer, if applicable, dispatches the call, and waits a reasonable time for response.
  2. The officer answers promptly with full call number and acknowledges the call.
    a. The officer checks his computer for dispatch information.
  3. The dispatcher gives the officer concise details about the call, repeating any numbers in the address twice. (Cross street information is given only for code-two or code-three emergency calls);
    a. The dispatcher asks the officer if he understood the call which should be registering on the computer and if he requires any further information.
  4. The officer acknowledges receipt of the call by responding with his entire call number and will state in clear language “I copy - enroute”;
  5. Officers will identify using full call sign and state in clear language “on-scene” upon arrival at the scene and will identify using full call sign and state in clear language “in-service” upon completing the call.

J. Code-Two Emergency Call Transmission Sequence

  1. A code-two emergency call, normally preceded by an emergency alert tone, is broadcast over the affected primary channel(s) at the dispatcher’s discretion.
    Information concerning the code-two emergency call is broadcast over each working channel at the individual dispatcher’s discretion;
  2. The dispatcher calls the entire call number of the officer to be assigned report responsibility and the cover officer (if applicable), and gives concise details about the call, repeating any numbers in the address twice and giving any cross street information.
    The dispatcher shall verbally specify the call is to be run “code-two.”
  3. The officer acknowledges receipt of the call by responding with his entire call number and state in clear language “I copy – enroute”;
  4. A supervisory officer is notified;
  5. Officers will identify using full call sign and state in clear language “on-scene” upon arrival at scene;
    and
  6. All routine or non-emergency radio transmissions are suspended from the time of the first unit’s arrival until initial radio transmission is received from the scene;

K. Code-Three Emergency Call Transmission Sequence

  1. A code-three emergency call, preceded by an emergency alert tone, is immediately broadcast simultaneously over all primary police frequencies upon reception by the dispatcher.
  2. The dispatcher calls the entire call number of the officer to be assigned report responsibility and the cover officer, if applicable, and gives concise details about the call, repeating any numbers in the address twice and giving any cross street information.
    The dispatcher shall verbally specify the call is to be run “code-three.”
  3. The officer acknowledges receipt of the call by responding with his entire call number and in clear language “ I copy – enroute”;
  4. A supervisory officer is notified to make the scene;
  5. All radio communications not directly related to the emergency call are suspended until information is received from the first unit arriving at the scene;
  6. Officers will identify using full call sign and state in clear language “on-scene” upon arrival at scene;
  7. The first officer arriving on the scene will advise the dispatcher and give preliminary details regarding the call;
  8. All non-emergency radio communications are suspended until the situation at the scene is stabilized.

L. Dispatchers will only use clear language when upgrading / downgrading the response level of any call via an on-air announcement of “now code-one” or “now code-two” or “now code-three.”

461
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 403 – Communications
.06 FAILURE TO RESPOND

A. The failure of an officer to verbally respond after two (2) successive calls from the dispatcher initiates the following process:

  1. The dispatcher time-stamps and completes SAPD Form #116, Failure to Respond Form, and notifies the Communications Unit supervisor;
  2. The appropriate field supervisor is notified and assigned to attempt to locate the officer who failed to respond to the call from the dispatcher.
    The field supervisor submits a written report under the original case number with a copy routed to the Unit Commander;
  3. Another officer is dispatched to the call and given report responsibility;
  4. An officer responding after another officer is assigned the call is sent to the location to cover and contact the supervisor assigned;
  5. The Communications Unit supervisor signs SAPD Form #116 and forwards it to the Communications Unit Director;
    and
  6. The Communications Unit Director reviews and signs SAPD Form #116 and forwards copies to the officer’s division/section commander and unit/shift commander for further disposition.

B. If the field supervisor fails to respond after three (3) calls, the nearest available unit/shift commander is notified by the Communications Unit supervisor.
The nearest available officer is then assigned the call. (A mistake?)
(The nearest available field supervisor is then assigned the call. )

.07 CHANNEL BROADCAST PROCEDURE

A. The following information is relayed to all dispatch consoles by a communications clerk for broadcast to all officers:

  1. Police officer needing help;
  2. Crimes in progress that may pose an immediate danger of death or serious bodily injury to officers responding or to any person;
  3. Severe weather conditions;
    and
  4. Any information essential to officers.

B. The following information is relayed to selected dispatch consoles by a communications clerk for broadcast to officers:

  1. Emergency pursuit information of fleeing vehicles is broadcast on affected channels as the vehicle crosses channel divisions;
  2. Updating information or descriptions pertaining to felony offenses in progress or recently committed on selected channel(s);
  3. Newly received information concerning missing/wanted persons, stolen autos, and attempts to locate persons or vehicles;
    and
  4. Any other information essential to selected officers.
A

.08 INFORMATION CHANNEL PROCEDURES

A. The Communications Unit operates an Information Channel on a twenty-four (24) hour basis to service the needs of all units.

B. The Information Channel provides the following services:

  1. Local, TCIC, and NCIC checks of the following provided the subject or item is in their custody, possession, presence, or immediate access.
    (A log is maintained for the purpose of validating and confirming “hits” within the system.)

a. Persons (missing and wanted);
b. Vehicles (land, water, and air); and
c. Property (real or tangible).

  1. Validation of warrant checks (municipal, county, state, federal);
  2. Complainant callbacks prior to n-coding calls;
  3. Case number and assignment generation;
  4. Individual or company notifications (alarms, stranded motorists, etc.);
  5. Other department notifications (public works, law enforcement entities, dog pound, etc.);
  6. Directions to new locations or addresses not found in the street guide;
  7. Updates of severe weather reports;
  8. Canceling of stolen vehicles;
    and
  9. Other services appropriately intended to expedite the officer’s handling of police matters.
462
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 403 – Communications
.09 RESPONSIBILITIES

A. Communications Unit
1. Screens information relayed from Communication Unit call-taker to ensure field units receive concise, but sufficient information in order to make an appropriate response;
2. Exhibits demeanor which conveys an objective attitude of responsiveness and alertness at all times with immediate and decisive replies to each verbal transaction;
3. Ensures prompt disposition of all requests for service by properly utilizing the nearest available resource(s);
4. Provides information and assistance to field officers;
5. Adheres to proper radio procedures and decorum;
6. Maintains the availability of adequate personnel resources;
7. Avoids making any decisions pertaining to operational matters which are better resolved by field supervisors; and
8. The Communications Unit supervisor maintains a liaison with field supervisors in order to resolve problems and ensure discipline is maintained.
B. Uniform Personnel
1. Checks in service promptly after roll call and notifies the dispatcher of vehicle and radio number.
2. Continuously monitors assigned frequencies and promptly responds when called by the dispatcher throughout the tour of duty.
3. Acknowledges and accepts all calls without repetition or discussion;
a. No officer will fail to respond unless relieved by command authority.
b. Advises the dispatcher of any extenuating circumstances where response time may be reduced.
4. Requests directions to locations only if necessary on code-two or code-three calls.
5. Immediately advises the dispatcher upon encountering any circumstance which delays his response to, or cancellation from, calls and cover calls (i.e., traffic violators, suspect stops, etc.).
6. Returns to service immediately upon completion of call (this does not include the period needed to write report):
7. Advises the dispatcher of all status changes (i.e., enroute or call complete), when changing channels, or otherwise being unable to monitor the primary assigned frequency. Officers will not be excused from monitoring the radio or availability for service during:
a. The course of handling assigned calls;
b. Requested food or drink breaks;
c. Traffic or suspect stops; and
d. Personal relief breaks.
8. Plans all transmissions to minimize channel congestion and avoids interrupting any communications unless under emergency circumstances; and
9. Excludes personal references, differences of opinions, or complaints over any police frequency. Complaints about dispatchers are handled through the chain of command.
C. Uniform Commander / Supervisor
1. Monitors radio and computer traffic involving their respective channel to preserve proper radio decorum and ensure a high degree of efficiency regarding the functions and activities of their unit;
2. Responds to and supervises the scene of all dispatched major incidents;
3. Handles complaints on officers (on and off-duty) received from the dispatcher;
4. Investigates when subordinates fail to respond to the dispatcher;
5. Responds to scenes upon request of subordinates, when feasible; and
6. Assists dispatchers in maintaining officers’ availability for service.

A

.10 PHONETICALPHABET
The Standard Phonetic Alphabet, listed below, is utilized in spelling or using letters in messages:
A – Alpha B – Bravo C – Charlie D–Delta E – Echo
F – Foxtrot G - Golf H – Hotel I-India J – Juliet
K – Kilo L - Lima M – Mike N–November O - Oscar
P – Papa Q – Quebec R – Romeo S–Sierra T – Tango
U – Uniform V - Victor W - Whiskey X-X-Ray
Y - Yankee Z - Zulu

.11 RADIO TEN-SERIES CODES

A. In compliance with National Incident Management System (NIMS) and to be better able to communicate with other first responders, the use of Radio Ten Codes is limited to only twelve codes:

  1. 10-4 Acknowledged
  2. 10-11 Cover Officer Requested
  3. 10-12 Wanted Person / Active Stolen
  4. 10-13 Sex Offenses/Medical Concerns
  5. 10-14 Mentally Ill Person;
  6. 10-15 Officer or Firefighter in Trouble
  7. 10–16 Patient Expired
  8. 10-21 15 Minute Break
  9. 10-22 30 Minute Break
  10. 10-40A Subject Wanted on Felony Warrant
  11. 10-40B Subject Wanted on Class A or B Misdemeanor warrant
  12. 10-40C Subject Wanted on Class C Misdemeanor Warrant.

.12 RADIO CHANNEL ASSIGNMENTS
A. The following are permanent operational radio channel assignments.
Asterisks () indicate dispatch channels:
Section, Unit, Detail, or Function
1. North Patrol Section 1–A

2. West Patrol Section 1–C*
3. South Patrol Section. 1–E*

  1. Central Patrol Section, Downtown Bike Patrol Unit, Special Victims Unit,
    and Park Police 1–G*
  2. East Patrol Section 1–I*
  3. Northwest Patrol Section. 1–K* (Prue rd)
  4. Information Channel 1–M
  5. Tactical Response Unit 1–N *
  6. Traffic Channel. 2–A *
  7. Downtown Bike Patrol Unit. 2–C
  8. Fleet Services. 2–N
  9. Intelligence Unit. 3–A
  10. Covert Operations Units
    a. Vice 3–B
    b. Narcotics 3–C
  11. Crime Scene Unit 3-D
  12. Repeat Offenders Program 3-E*
  13. Special Operations Unit 3-G
  14. Homicide Unit 3-H
  15. Vehicle Crimes Unit 3-I
  16. Executive Protection 3-J
  17. Night Detectives Unit 3-K
  18. Asset Seizure Detail 3-M
  19. Shooting Team 3-N
  20. Internal Affairs 3-O

B. Requests for temporary assignment of service channels for special functions or operations are made in writing to the Communications Unit Director.
The requests include the reason(s) for requiring the channel, the date(s) and time(s) needed, and necessity of dispatch personnel.

463
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 403 – Communications
.13 OFF-DUTY COMMUNICATIONS BY OFFICERS

A. Each officer is responsible for all transmissions from his assigned radio.
B. Radio usage is limited to police business.
C. An off-duty officer working an extra job should check in/out with the dispatcher and monitor the channel serving the area of his location in the event of an emergency.
D. An off-duty officer transmitting on a police radio shall identify himself by using the identifier “Bravo” before his assigned badge number name
(i.e., Bravo 123 Officer Smith,
Bravo 2023 Detective-Investigator Smith,
Bravo 3013 Sergeant Smith, etc.).
E. Transmissions over police frequencies by off-duty officers are limited to the following instances:

  1. Emergency situations where the officer needs assistance to prevent injury or loss of property are reported to the operational channel covering the area of the situation;
  2. Crimes in progress or major accidents are reported to the operational channel covering the area of the situation;
  3. Police service requests of a non-emergency nature are reported to the information channel only if a telephone is not available;
  4. Officers requesting prisoner transportation or case numbers may use the information channel frequency if a telephone is not available or its use would compromise the arrest or officer safety;
    and
  5. Information channel use is restricted to assistance with police related matters and hazardous situations that require an immediate response from a governmental agency
    (i.e., water main breaks, traffic hazards, utility problems, light malfunctions, etc.).
A

.14 TELEPHONIC COMMUNICATION
A. Requests For Service
1. Members receiving telephone requests for service:
a. Obtain the nature of the request; and
b. Determine if the request may be dealt with by the member receiving the call or another member present within the unit, or must be handled by a member of another unit or be dispatched to a field unit.

  1. If the request must be dealt with by a member of another unit, the member transfers the caller and announces the call to the appropriate unit.
  2. If the request must be dispatched, the member transfers the caller and announces the call to the Communications Unit.
  3. Members receiving telephonic complaints against another member comply with the process prescribed in Procedure 303, Disciplinary Procedures.

B. Requests For Information

1. Members receiving telephone requests for information may confer information in accordance with Procedure 307, Public and Media Information.    2. Any requests from outside the Department for release of information from departmental administrative or field files are referred to the Accounting and Personnel Office.

C. Long-Distance Communication
1. Members needing to make a long-distance telephone call in conjunction with their assigned duties place the call through the Communication Unit.

 2.   The Communication Unit maintains a complete log of all long-distance calls charged to the Department.

.15 ACCEPTING / DELIVERING EMERGENCY MESSAGES
A. Accepting and delivering emergency messages is a legitimate law enforcement function.
Therefore, members of the Department shall adhere to the following criteria when accepting and delivering emergency messages.

B. Emergency messages include, but are not limited to the following types of messages:

  1. Death messages (both local and out of area);
  2. Serious illness or injury messages (both local and out of area);
  3. Any other types of messages which, if not delivered in a timely manner, could have adverse effects on members of an immediate family.

C. Accepting Emergency Messages

  1. All incoming messages of an emergency nature shall be transferred to the appropriate unit without delay.
  2. If the unit is not open or the unit with follow-up responsibility for the emergency message cannot be determined, the emergency message will be transferred to the Communications Unit supervisor’s office.

D. Delivering Emergency Messages

  1. The Communications Unit supervisor shall determine the nature of the emergency messages and attempt to contact the unit or member with follow-up responsibility by telephone.
  2. If the unit with follow-up responsibility cannot be determined, the Communications Unit will be the unit responsible for delivering emergency messages.
  3. If the unit or member with follow-up responsibility can not be contacted, a patrol officer will be dispatched to deliver the emergency message.
  4. The member delivering an emergency message shall attempt to deliver the message with the understanding the message may cause some mental anguish for the receiving party.
    a. If the emergency message has a telephone number or name of a party to contact, ”the member should just give the receiving party the telephone number and name of the party to contact for an emergency message.”
    b. If there is no one to receive the emergency message, the member attempting to deliver the message should leave a telephone number and name of a party to contact on a note in an easily seen location.
  5. When an emergency message must be delivered to a party out of the jurisdiction of the Department, the Communications Unit or the Security Desk will deliver the emergency message by teletype to the appropriate law enforcement agency.
464
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 407 – Automated Field Reporting
.01 INTRODUCTION:

A. The purpose of this procedure is to establish guidelines for the preparation of the Department’s Offense/Incident/ Supplemental Reports via the Intergraph/Denali Automated Field Reporting System (AFR).
AFR is not used for administrative type reports.

These may be submitted on the appropriate forms as according to the type of incident.

B. The specific instructions for the completion of an AFR Offense/Incident/Supplemental Report can be found in the AFR Field Guide available on the SAPD WEB.
The specific instructions for using and navigating on AFR may be found in an instruction guide titled Automated Field Reporting (AFR) User Manual.
This publication is available upon request at the Department’s website: https://sapdweb/Default.asp.
There are additional training materials that officers can use on SAPD WEB to answer questions they may have.
It is important to remember that AFR is an automated process of reporting and each type of report is handled in accordance with the General Manual.

C. When the Automated Field Reporting System is OFFLINE and cannot be accessed from an assigned vehicle’s laptop computer, officers will handwrite Offense/Incident/Supplemental Reports in accordance with General Manual Procedure 401, Offense/Incident/Supplemental Reports.
Instructions for handwritten Offense/Incident/Supplemental Reports are found in the Field Note Report Guide.

.02 DISCUSSION:

A. The AFR System allows police reports to be entered directly into the Department’s computer system for retention and dissemination.

B. The AFR System was implemented department wide on January 1, 2011.
The Records Management System (RMS) is the official records keeping source beginning January 1, 2011.

C. Arrest Reports, Offense Reports, Incident Reports, Field Interviews and Supplemental Reports will be completed on the Intergraph/Denali Automated Field Reporting System (AFR).
These reports are used to document criminal offenses and other types of police incidents.
When completed, these reports will then be forwarded electronically into the Records Management System (RMS).

D. Initially, only the reports listed in Section .04 will be available, with other reports phased-in later in the project.

.03 AUTOMATED FIELD REPORTING (AFR) SYSTEM

A. The Automated Field Reporting (AFR) System, along with the Records Management System (RMS), is designed to assist members in completing reports quickly and accurately, to give follow-up detectives and supervisor’s instant access to these reports, and to decrease the amount of time that citizens have to wait for police reports.

B. Members will complete their reports by entering the required data into the Department’s Automated Field Reporting (AFR) System.

C. Patrol Responsibilities

  1. Immediately after completing a call, officers shall notify the dispatcher of their return to service.
    Officers should enter the data for their reports into the AFR System during their tour of duty.
    Once the report is completed, the officer will save the report either on their Department issued thumb drive or “H” drive.
    The officer will then submit the report electronically to his supervisor for approval.
  2. If extenuating circumstances do not allow an officer to complete the electronic data entry of reports into the AFR System by the end of a tour of duty, the officer shall contact his supervisor to determine which one of the following is the most viable option:
    a. Relinquish the police vehicle to the oncoming officer and complete all required reports by using a city-issued workstation, located in the report writing room of their substation; or
    b. After returning to the substation, if the vehicle is not needed by the oncoming shift, the officer should complete all required reports by using the laptop in their patrol car.
  3. If either of the following events occurs:

a. An officer’s AFR System is OFFLINE and cannot be accessed from his assigned vehicle’s laptop computer; or
b. An officer needs to complete a report at the end of his tour of duty and all the city-issued workstations are being used, the officer will:

(1) Obtain authorization from his supervisor or the oncoming supervisor to handwrite his report(s).
(2) The officer will include the name and the badge number of the supervisor who authorized him to handwrite his report(s).
(3) This information will be documented at the bottom of the details section of the report.

D. If numerous officers are reporting that the AFR System is offline and cannot be accessed from their assigned vehicle’s laptop computers:

  1. The supervisor(s) shall contact the Information Technical Services Department
    (available 24/7at 207-8888)
    to determine if there is a system-wide outage, and if so, what the estimated downtime will be.
  2. If warranted, the supervisor(s) will inform the on-duty Communications Unit personnel to notify the officers to begin handwriting their reports until further notice.

E. All officers are reminded that they are still required to take and maintain their field notes in accordance with Rules and Regulations 4.11, Required To Take And Maintain Notes.

F. Thumb drives and laptop keys are city-issued equipment. The thumb drives are only to be used to save police-related documents, such as police reports.
Nothing of a personal nature is to be saved on the thumb drives.

G. Should an officer lose his thumb drive, or vehicle laptop key, he shall submit a report through his chain of command documenting the circumstances surrounding the loss.
The report will be routed to the Labor Relations Board via the Chief’s office who will then determine whether the officer will be held accountable for the replacement cost of the thumb drive or key.
The officer shall take a copy to the Information Services Manager to have a new thumb drive or lap top key issued.
The officer does not have to wait for the board recommendation to have one of the new items issued.

A

H. Non-Patrol Responsibilities

  1. Members who do not have access to laptop computers in their vehicles will enter the data for their reports by using city-issued workstations that are located in their respective police facilities.
    a. If a member does not have access to or cannot access a computer, the member will obtain authorization from a supervisor before handwriting his report(s).
    b. The member will include the name and the badge number of the supervisor who authorized him to handwrite his report(s).
    c. After obtaining authorization to handwrite his report(s), the member will immediately complete his report(s) and deposit them in the designated report collection receptacle or route the original to his supervisor for approval and routing to records so that it can be entered into the Records Management System.
465
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 407 – Automated Field Reporting

.04 REPORTS
A. Information report

  1. The AFR Information Report is the basic report used to report many non-criminal police activities. When completing an Information Report, the officer will select the radio button “Information” located underneath the title “Incident Type”.
  2. The AFR information report has a multi-purpose format and is used for reporting the following:
    a. Private property crashes which are not reportable to the Texas Department of Public Safety, may be handled in accordance with GM Procedure 707, Crash Investigations;
    b. Any administrative information which does not require a specific report; and
    c. Information reported by individuals regarding alleged criminal activity.

B. Offense Report

  1. An AFR Police Report is completed by an officer who is assigned report responsibility for a reported offense or who files a complaint, as well as for specific special issues.
  2. When completing an Offense Report, the officer will select the radio button “Offense”.
  3. An AFR offense report is used for all occurrences prescribed in Section .05 of this procedure.
  4. When taking a stolen vehicle report in the field, it is essential that officers get the “NIC” number from the Service Agent who has entered the vehicle as an “active stolen” in the OMNIXX systems.
    Officers should stay on the telephone, if calling in, until the service agents gets the NIC number.
    The Service Agent will then communicate this NIC number to the officer.
    This only takes a few minutes to obtain. (In your perfect fucking world)
    Also, have these vehicles entered into the systems as soon as possible as this is critical information for the other officers in the field.
    Once the officers have received the NIC number, they enter it in the vehicle section of the AFR report under the “NIC” write in box.
    The officer may also include it in the details of the report.

(1. Immediately after completing a call, officers shall notify the dispatcher of their return to service. Officers should enter the data for their reports into the AFR System during their tour of duty. )

C. Arrest Report
1. When an arrest is made, the “Arrest” radio button is selected.
The “Arrested” box must be checked for all physical and technical arrests.
The one exception to this rule is when an officer arrests an individual in a stolen car and does not have any additional charges pending. This report will be done on a supplement report in order to cancel the vehicle stolen in the RMS.
Any additional charges will need to be generated on a new report.

  1. In the Suspect section, select “Known” and check the box titled “Arrested”.
  2. Enter the name and DOB of the arrested person and then click the icon “Search People.”
  3. Select the Search RMS button to search the RMS database.
    Records which meet the search criteria are displayed in the Search Result’s Grid.
    Up to 20 records can be displayed at one time.
    The more details entered in the Search Window data field will narrow the search and produce fewer returns.
  4. Highlight the desired Name IF found in the RMS Database and select the OK check mark
  5. The individual’s information is now populated onto the report.
    * *This procedure will help in preventing multiple entries of an individual’s name that is already in the database.**
  6. Complete the Arrest Details
  7. Utilize the drop down menus, *especially the
    “Arrestee Was Armed With” section.
  8. In the Associated Charge section, Click the “Add Charge” icon.
  9. Make sure you enter the proper charge and number of counts associated with that charge.
    Remember, if you have multiple charges and offenses, you will have to use the “Add offense/charge” feature.
A

D. Supplemental Report:

  1. The AFR Supplement Report is completed by the officer who reports additional information related to an offense/incident and/or those who do not write an offense or incident report.
  2. When making changes or corrections to reports which have already been submitted into the system.
  3. To recover stolen vehicles, the officer will mark the box “SUPPLEMENT REPORT” at the top of the AFR police report.
    The officer will place the original case number and original CFS number on the report, but will list the current CFS (master incident number) currently dispatched on, in the details.
    Officers need to describe, in the details of the report, what efforts were made to contact the owner and what the final disposition of the vehicle was.
    Once completed, the officer will N-Code-10 the new CFS number that they are currently out on.
    Make sure the service agent/dispatcher cancels the BOLO.
    The case number is listed in the “hit” confirmation on the CAD return.
    Both the original and supplement report will be under the same case and CFS numbers.

FOR VEHICLES STOLEN OUT OF ANOTHER JURISDICTION – the officer will request that a new case be generated.
He will place the new case number and cfs number in the appropriate boxes at the beginning of the report.
The officer will place the other jurisdiction’s case number in the details of the report.
Please refer to the SAPD WEB, STOLEN VEHICLES, for additional scenarios and how they should be documented.

466
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 407 – Automated Field Reporting

E. Field Interview

  1. The Field Interview form is used in accordance with GM Procedure 508, Field Contacts.
  2. An officer documents all field contacts by selecting Field Interview and clicking the Load icon.
  3. The officer does not generate a SAPD case number, but will use the assigned CFS #
    (i. e. SAPD-2012-1234567).
  4. Gather and enter as much information as possible.
    Date, time and location of stop are essential in this report.
    Use “Search People” and utilize “Scars, Marks, Tattoos and medical conditions (SMT).”
  5. Officers can enter as many persons as they need to in order to complete their report.
    However, officers are only able to enter one vehicle per Field Interview.
    Should a situation occur where multiple vehicles are contacted, a separate field interview will have to be completed for each vehicle and its occupants, however, officers can use the same CFS number.
  6. Once complete, follow the same procedures as you would on saving and submitting a report.
    The Field Interview report is sent directly to RMS,
    by-passing the supervisor and records queue.
A

F. Adding Review Comments to a
Report - Supervisor’s & Officer’s

  1. “Review comments” by supervisors during the workflow process.
    (Comments will be removed during the import into RMS.)

a. Supervisor
(1) Once a report has been loaded, begin your review. Click review for any comments the officers may have put in the report. If there are no corrections to be made, click Save, Close and in Draft click Approve and then Send.
(2) If you find an error click in the field to be corrected in the report & hold, “SHIFT+ CNTRL +R” to bring up the review edit window
(3) You have two options for entering the comments:
i. Select the reason from the “Enter” or select a reason for the “review” from the drop down; or

ii. Enter your comment in the “Review Notes” text field.
Please add your name and assignment to let the individual know who sent the message.

4) Select the OK button on the Review Edit Window.
You will now see the bubble with the comment inserted and from whom.

(5) Save the report and reject back to the officer. b. Officer
(1) Once you receive the report move it to the drafts and load it. Press “review” to see what corrections are needed. By clicking in the “review box” you will be taken straight to where the bubbles are located.

(2) Once you make the correction, you can return your corrected report with a comment. Click “EDIT” and enter the message.
(3) Once complete, Click Save, Close, and then select resubmit from the drop down & send.

(4) Officers may also place comments in a report before sending it. Just use the same process as listed above in the supervisor section, “SHIFT+ CNTRL +R.”

467
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 407 – Automated Field Reporting

.05 CASE NUMBER ASSIGNMENT AND PREPARING THE REPORT

A. If the incident you are handling requires a report, you can create a case number from the laptop or request a case number from dispatch (CAD).

  1. From a laptop, while assigned to an active call, you will:
    a. Select the “Active Call Info” button, and then select “Request Case #” on the CAD screen.
    b. This will then create your case number for the written report (see screen shot below for examples of both).
    c. Once the officer has the “CASE NUMBER” he can utilize the “SEARCH CAD” tool in AFR and find the case.
    d. The officer can search either by the case number or CFS/master incident number (see screen shot below). Officers are encouraged to use the CFS number as it will return more information that will import into the AFR report.
    e. Once found, the officer clicks “OK” and the basic details of the call will auto fill the report. The officer will see the case number in the correct format. The case number will be in the “Offense Case #” field and the CFS/Master Incident Number will be in the “CFS” field of the AFR report. The CFS/Master Incident Number will not fit in the “Offense Case #” field.

B. If the incident is one that can be handled by an N-code, the officer does not generate a case number, he merely N-codes the CFS number after placing details into the “Clear Call” Comments field in the laptop. The CFS/Master Incident Number for an N-coded call can be given to a reporting person should they wish to get a “generic” copy of the report, which is in this format: SAPD-2010-0123456 (SAPD-YYYY-#######). Officers are to refer to procedure GM 402, Differential Police Response, for using the CFS reporting system.

  1. If the officer needs to generate a report, he will follow the above instructions for creating a case number from the mobile. A case number will be generated in this format: SAPD12123456 (SAPDYY######).
  2. All General Manual procedures with regard to which calls are N-coded, or must have a report still apply and have not changed.
  3. On any incident where the officer takes some official action, handles evidence, speaks with witnesses in a crime, is an criminal incident, or other situations that do not fit under the criteria of procedure 402, officers shall write the appropriate report. Officers will be held accountable for any violations.

C. Officers will select which type of report is being generated in AFR, i.e. Arrest, Offense, Incident, or Supplement (see screen shot below). Then the officer shall complete as many of the sections as possible to have a complete report. Officers should understand that it is critical to get as much accurate information as possible into the report so that all the “information” tabs in the RMS are populated and can used for research.

D. Any criminal offense involving multiple victims occurring at the same time & same location, except for the ones listed below under section E, may be handled on the same offense report with one case number.

E. These offenses must be handled on separate reports, i.e., one victim & one case number for each:

  1. Burglary of storage units.
  2. Continuing offenses that are separated by distance and time.
A

EXAMPLES:

A car burglar burglarizes five cars on one street may be handled under one case number even though there are five different owners.
However, if the same burglar were to burglarize four more cars five blocks away from the original burglary, a new case would be generated to handle the four new burglaries.

This is for UCR purposes only.

When a car dealership has 30 cars stolen from the same lot, one report will be written and all 30 vehicles will be reported stolen under the same case number.
There will be 30 vehicle sections opened in the AFR report and all 30 sections will have a new NIC number for that vehicle.
The NIC number is what cancels the vehicle as stolen with NCIC/TCIC.

F. The AFR Offense Report is prepared and submitted when the preliminary investigation reveals any of the following:

  1. An offense classified as a Class B misdemeanor or higher (refer to the Texas Penal Code or GM Procedure 708, Follow-Up Unit);
  2. A sex offense (i.e., Sexual Abuse, Indecent Exposure, Public Lewdness, or Disorderly Conduct by Exposure).
    Officers still follow the same reporting procedures with regard to the use of pseudonyms as listed in General Manual procedure 703, Handling of Sexual Assault Complaints;
  3. All thefts (to include confidence operations such as home improvement swindles, Pigeon Drop, Goldbar Swindle, or Three-card Monte).
  4. Officers will check ‘Arrest Report’ anytime they have a physical body in handcuffs that is being booked into the city or county jail with one exception.
    This report will also be filled out when there is a technical arrest where a city ordinance violation is being issued.
    The exception is when an officer has a person under arrest for auto theft and the officer is required to cancel the stolen vehicle.
    In this case, the officer will simply do a supplement report and will only check the arrest box in the suspect section.
    If there are additional charges to be filed against this arrested person, then a second report with a new case number and CFS number will need to be generated and all the additional charges will be entered into this report.
    The officer will put the original case number for the stolen report into the ‘Related Case Number’ box.
  5. Stolen property will be listed in the Property Section of the AFR report.

Like items such as clothing, which do not have serial numbers may be put in one property section.
However, items such as electronics, which have serial numbers, or other identifiers, must have their own property section.
This will be completed this way even if the owner does not have the serial number on hand.
The “value” section must have the total amount of ALL the property types that were stolen.

G. Apparent Sudden Deaths
(except deaths resulting from traffic accidents, refer to GM Procedure 707, Crash Investigation).
Use “DOA” in the drop down box in the AFR for “situation found” and then select
“APPARENT SUDDEN DEATH,”
except in criminal homicide cases;

H. Any assault offense, regardless of punishment classification; and

I. Other occurrences, documented in the narrative section of the AFR report, including:

  1. Found Property
  2. Lost property
    3 Attempted Suicide
  3. Accidental shooting (with injury)
  4. Criminal Mischief
  5. Missing Persons
  6. Warrantless Emergency Detentions
  7. Federal Violations
468
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 407 – Automated Field Reporting

.06 RESPONSIBILITY AND PROCEDURE FOR TURNING IN REPORTS

A. All AFR reports are completed and submitted by members to a shift supervisor during and prior to the end of their tour of duty.
PDF AFR reports may also be submitted to follow-up units via email either through the vehicle laptop or a desktop computer when requested or appropriate.
Officers must return to service after completion of the call and generate reports as time permits.
If behind at the end of the shift, contact a supervisor about returning the vehicle and completing reports at the substation.
If all computers are in use or the system is ‘off line,” contact a supervisor for approval to handwrite reports and list his/her name/badge in the report narrative.

.07 OFFENSE CLASSIFICATION TERMINOLOGY

A. Offenses will be coded electronically in the Automated Field Reporting (AFR) System by the Records Management System (RMS) when the officer selects the appropriate offense in the AFR.
In the event an Offense Report is handwritten, the report will be manually entered into the RMS by records personnel using AFR.

B. The officer will select the particular offense listed in the drop down menu of the AFR offense reports from the OFFENSE section. The offense codes or statute will automatically fill in after the selection.

.08 RESPONSIBILITY AND PROCEDURE FOR TURNING IN REPORTS

A. Supervisors will review and approve all reports submitted through the AFR System.
Report review and approval will be conducted on a daily basis by using either the personal computers located at their substations or the laptop computers located in their patrol cars.

Supervisors shall monitor the service area inbox queue continually throughout their shift and utilize the Officer FBR Activity tool to reconcile all reports submitted by officers through the AFR System.

When an officer requests a case number and does not submit a report the Records Management System (RMS) will send out an electronic tracer for the missing report to the handling officer.

  1. Access to the Officer FBR Activity Tool is available at the SAM RESOURCE page,
    http: //samwebwelcome.asp.

A training video has been established and is available on the Officer FBR activity system tool under the “HELP” tab.
Supervisors need to review this video and ensure that they have the ability to use the tool.

a. Supervisors will review and approve officers’ pending reports during the course of their shifts.
Once the reports are approved, the supervisor must submit the reports to the RMS through the AFR system.

b. The rejection process is done through the AFR system.
Supervisors will place a “sticky” on the particular sections needing correction.
The officer will make the correction and then resubmit the AFR report to the supervisor.
The supervisor will ensure that the correction was made and will then forward the report to the RMS through the AFR system.

c. The Officer FBR Activity tool is a web based system setup to replace PRTS and to reconcile, on a daily basis, how many reports were neither written, saved to server or rejected in the AFR system by the officers.
All SAPD supervisors will utilize the activity tool daily to reconcile AFR reports.

The system has three core report reconciliation functions:

  1. No reports written – This is a list of case numbers requested and no AFR report was written.
  2. Save To Server – This is a list of reports where the officer started a report, but has not finished and submitted to supervisor for approval.
    The report is sitting in the officer’s inbox.
  3. Rejected reports – This is a list of reports rejected back to the officer for correction and the officer has not completed this process.
    These reports should be corrected and resubmitted for approval.

d. Offense/Incident Reports written by
non-sworn members and officers assigned to the Service Expediter System will be written through the AFR system, then reviewed and approved by the appropriate supervisor.
(As opposed to:
Procedure 401 – Offense/Incident/Supplemental Reports. .09 APPROVING AUTHORITY B.
Offense/Incident Reports written by non-sworn members and officers assigned to the Service Expediter System will be reviewed and approved by the Report Review Detail.)

.09 REPORTS REQUIRING CALL-IN NOTIFICATION

A. In addition to completing the required reports, members shall immediately report the following types of incidents by telephone to either a member at the Security Services Desk, service area substations, or the Juvenile Processing Unit for entry into the Records Management System (RMS),
NCIC/TCIC or the TLETS computer system:

  1. Stolen Motor Vehicle Offense Reports shall be immediately reported to the service area Police Service Agent.
  2. Recovered Stolen Motor Vehicle Offense Reports shall be immediately reported to the appropriate service area dispatcher.
    When a NIC number is obtained it will be listed in the property section of the AFR police report in the ‘NIC’ box.
  3. Missing Person reports shall be immediately reported to the Juvenile Processing Unit.
  4. The relocation or repossession of towed vehicles shall be reported to the Police Service Agent at the Security Services Desk located at
    Headquarters (207-7610) or the
    Security Systems Office (207- 7324).
  5. Whenever a firearm is reported stolen, an officer shall immediately report the stolen firearm(s) to the appropriate service area Police Service Agent by telephone for entry into NCIC/TCIC.

B. The reporting officer shall check “priority name” on the AFR Police report in the administrative section and list the name of the Police Service Agent contacted.
Officers shall also note in their details that the report was “CALLED IN.”

C. Reports Called In

  1. After calling in the report to one of the units listed the officer should:
    a. Ensure that the report is entered in the Automated Field Reporting (AFR) System;
    b. Note in the details of the report that the incident was “CALLED IN”;

c. Enter the time the report was called in; and
d. Enter the operator identification number of the contact person who took the report in the OMNIXX system.
2. Handwritten reports are then submitted at the end of the tour of duty with the words “CALLED-IN” written at the top of the report.

A

.10 REPORTS TAKEN BY POLICE SERVICE AGENTS AT THE SECURITY DESK OR SERVICE AREA SUBSTATIONS

A. When a complainant either calls or arrives at any service area substation in person to make a police report, the Police Service Agent assigned to the substation Security Systems Desk receives the information and shall complete the AFR report;

B. When a complainant arrives at the Service and Security Agents Desk at Police Headquarters requesting to make a police report, Service and Security Agents Desk personnel will:

  1. Direct the complainant to the appropriate follow-up unit if located in the Police Headquarters building.
  2. Contact the dispatcher and request an officer to prepare the report if the follow-up unit is not located at the Police Headquarters building.

C. The offense reports are filed electronically in the Records Management System.
In order to conform to the court decisions affecting the Privacy Act and the Open Records Act, two (2) separate reports are created by Records Office personnel from the offense report.

  1. PUBLIC REPORT - This is the computer-generated report available to the public and the press in accordance with GM Procedure 307, Public and Media Information.
  2. POLICE OFFENSE REPORT - This is the computer-generated report routed by Records Office personnel to the follow-up investigation unit. This report is not available to the public and press. It contains all information concerning the offense submitted by the member with report responsibility.

D. Members shall not include the names of individuals in the details section of reports, with the exception of officers’ names.

.11 MAKING CHANGES ON POLICE REPORTS
A. Finalized reports (Offense and Incident) may only be amended through the use of a Supplemental Report. Additionally, reports filed in connection with an arrest (custodial and non-custodial) must also have corrections made through the use of a Supplemental Report.
The Supplemental Report can be generated through the Automated Field Report System (AFR) and sent electronically to the RMS.
Any reports not yet finalized by a field supervisor may be corrected and resubmitted.

B. If an officer needs to be contacted to make any changes to reports per the request of any section/unit/office, they will be contacted through their chain of command.

.12 PRINTING AND EMAILING REPORTS

A. Officers may, when necessary, provide copies of reports to agencies that require a copy in order to handle a particular police incident.
For example, hospitals frequently require a copy of the police report when handling an emergency detention.

Officers may take their thumb drive into the facility and print a copy of the saved report.
Officers may also access their email from the laptop in their police vehicle and email the report to a designated individual.

.13 COMPLETING REPORTS WHEN WORKING OFF-DUTY EMPLOYMENT

A. Report responsibilities when working off-duty employment are addressed in General Manual
Procedure 905, Off-Duty and Outside Employment.

B. For other major city events, FIESTA, NIOSA, and Folklife Festival, computers will be made available at the command posts for each event that will have the AFR program so that officers can complete reports as required. In the event that computers are not available reports will be handwritten.

.14 ANALYZING PROBLEMS AND TROUBLESHOOTING

A. Operational Issues With AFR System
If officers experience AFR System malfunctions, the following resources should be consulted:

  1. The user’s guide provides help with most problems concerning the operation of the AFR software;
  2. AFR Trainers are able to provide additional assistance with operating details and minor troubleshooting guidance; and
  3. Technical support is provided by Information Systems personnel during normal business hours
    (Monday – Friday, 0745 – 1630 hours).
    Officers should email either PD AFR SUPPORT or PD RMS SUPPORT with questions or if they are having technical issues with a report.
    Officers shall include the following in the email: SAP number CASE and CFS NUMBER
    Synopsis of problem
    Attached PDF copy of the report

B. Functional Issues With AFR System Application
If officers experience trouble using the AFR program, accessing forms, printing reports, etc., they should adhere to the following guidelines to resolve the situation:

  1. Refer to the AFR System User’s Guide;
  2. Confer with AFR Trainers on the shift;
  3. Confer with a FTO Sgt. on the shift;
  4. During normal business hours, request that the dispatcher notify Information Systems; and
  5. Outside of normal business hours, notify his supervisor and return to the substation to get another patrol car.

C. Technical Issues With AFR System Equipment And Software

If an officer experiences trouble with the AFR System equipment or software, such as the system will not respond, or AFR System will not come up, etc., he should adhere to the following guidelines to resolve the situation:

  1. Reboot the laptop by holding the power button for more than 7 seconds. This properly shuts down the laptop. Then, restart the laptop.
  2. If reboot fails, immediately notify the shift supervisor about equipment failure.
  3. In the event of laptop damage, immediately fill out a SAPD Form 162, Found Damage Report, and submit it to the shift supervisor.
  4. Immediately notify ITSD personnel about equipment failure by email noting the vehicle and laptop number.
  5. The email should specify the exact nature of any problems occurring on the laptop as ITSD may have to review the software.
  6. Obtain another vehicle.
  7. Patrol Officers shall notify their dispatcher of laptop related problems; and
  8. Desktop users shall call the
    Helpdesk (207-8888) to report any problems.
    The Helpdesk personnel will either provide appropriate assistance or generate a work order specifying the problem to ensure a timely follow-up.
469
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 407 – Automated Field Reporting

.15 REMOVING LAPTOP FROM VEHICLE
A. General Guidelines

  1. Members are required to watch the Video “Removing MDT from Vehicle”
    located at the following location
    \fscommon\academy_training\2010\
    removing mdt from vehicle.mpg.

This video was produced by the San Antonio Police Department Training Academy Staff, to familiarize members with the proper procedure for undocking and docking laptops in SAPD Vehicles.
Questions may be directed to the Training Academy: 207-6262.

  1. After reviewing the above mentioned video, members must complete SAPD Form 159.08 Removing MDT from a Vehicle Video – Signature Receipt and turn into their Sergeant.
  2. Members will now have the ability to remove (undock) the laptop from their assigned vehicle. Note: Laptops will only work with the vehicle it is assigned to (the one it was undocked from).
  3. Members should leave the laptop “Locked” in the docking station and only unlock and undock the laptop when mobility is necessary.
  4. Members should “never” operate their vehicles with the laptop unlocked or undocked.
  5. Members are personally responsible for the care and control of their assigned vehicle laptop.
  6. Members must remain with the undocked laptop (be physically present) when it is removed from the vehicle to be compliant with the Criminal Justice Information System (CJIS).
  7. Laptops will only work on the City’s secure wi-fi network. If the location the officer is at has wi-fi but it is not on the City’s secure network, the laptop will not connect.
    Members should not attempt to connect to any network other than the City secure network.
  8. Docking stations will be made available for members use in various locations throughout the city.
  9. At no time should a patrol vehicle be left unattended with the laptop, unlocked in the docking station.
  10. Members should be mindful when using the laptop of restricting the public viewing of any information (displayed or stored) on the departmental laptops.
    a. Any access to CJIS information (TCIC/NCIC TLETS/NLETS) in a non-secure environment is not allowed. While the laptops are removable, if taken into a public space, such as restaurant, it is not longer in a secure environment and therefore CJIS information cannot be accessed.

b. Do not share any information that is obtained from TCIC/NCIC TLETS/NLETS with anyone other than authorized users. (This includes the subject of the information, code compliance, child protective service, etc.
There are plenty of paid services available to search public records.)

c. Do not copy and paste information from TCIC/NCIC TLETS/NLETS into reports. (The reports are subject to the open records act and are releasable to the public.)

d.   Any violation Government Code 311.085 is subject to administrative sanctions or criminal penalties. 
(If convicted of accessing the information for non criminal justice reasons, it is a class b misdemeanor; if convicted of selling the information, or releasing the information for any financial gain, it is a felony.)
A

B. Undocking

  1. Members may undock and utilize the laptop in a portable fashion for investigative purposes.
    The security of the laptop remains the responsibility of the assigned member.
  2. Wi-fi should connect automatically.
    The mobility icon should engage showing that it is connecting, this may take a moment.
    After connection is achieved the laptop should function as when in the patrol vehicle.
  3. When returning the laptop to its assigned vehicle, special care must be exercised to ensure the sliding docking panel door on the back side of the laptop is open and the laptop is properly aligned in the dock.
    The effort exerted to dock and lock the laptop should be minimal. If resistance is encountered, members are advised to check the alignment of the laptop to avoid damaging the connectors.
    Again do not force the “redocking” as this could damage the pins that secure the laptop and result in the vehicle docking station to have to be repaired.

16 MISCELLANEOUS

A. Only select officer when that individual is performing a police - related task and becomes a victim.

B. Officers will not list themselves as “other, reporting person, or unknown” on any AFR police reports. List any member’s name and badge number as necessary in the narrative of the report.

C. X-Ray Numbers
1. In the event that the CAD system goes down and dispatchers begin to issue X-ray numbers, officers should follow the below process for completing their reports:

a. If the officer handwrote a report using the X-ray number, the officer should create an incident number (CFS) on the CAD using ON SITE ACTIVTY, then create an offense case number.
The officer shall write both of these numbers above the X-ray number on the green sheet.
Then route the green sheet to records.
This way records has the proper numbers to input these into the RMS with AFR.
Please advise your officers that any handwritten reports that arrive to records with X-ray numbers only will be returned to them. The X-ray number should be in this format: X-123456

b. If the officer waits until the CAD comes back up to write their report in AFR, the officer will generate an incident number (CFS) using “ON SITE ACTIVTY” and then generate a case number so that they can put it in AFR.
Then put the X-ray number in the “RELATED CASE NUMBER” field in this format X-123456

470
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 409 – Mobile Video Recording

.01 INTRODUCTION

The purpose of this procedure is to establish guidelines in the operation of mobile video recording (MVR) equipment assigned to the San Antonio Police Department for capturing audio/video evidence of police interactions including but not limited to traffic violations, field interviews, field sobriety testing, other official police activity and the subsequent resolution of such contacts.

.02 POLICY
A. It is the policy of the San Antonio Police Department to present for prosecution audio/video evidence of traffic and other law violations.
To this end, officers with properly functioning mobile video recording equipment shall make a recording of all events surrounding the contact, stop, detention, interview and arrest of suspected violators and maintain this recorded evidence for consideration in criminal prosecution.

  1. In order to ensure maximum deployment of the
    in-car video system,
    Officers vehicle selection will be:

a. Vehicle equipped with functioning Coban Unit
b. Vehicle with a non-functioning, or no Coban Unit, upon supervisor approval

  1. Vehicles with Non-Functioning Coban Unit will be immediately reported to ITSD for repair and when possible should be returned to IT Mobility during operating hours.
  2. Supervisors may direct that the vehicles with non-functioning Coban Unit be redlined until repairs are completed.

All audio/video recordings generated on Department-owned equipment are the property of the San Antonio Police Department.
The copying or reproducing of any audio/video recording files generated by members of the Department for use outside of Department business is prohibited.
Requests for copies will be processed by the Video Evidence Custodian.
Distribution of any audio/video recordings generated by Department members in any format or for any purpose must be in compliance with this procedure and applicable unit SOPs.

.03 ADMINISTRATIVE

A. All generated audio/video files will be retained according to Section .13 of this procedure.

B. Standardized viewing privileges of audio/video files for administrative and investigatory purposes shall be as follows:

  1. All officers will be able to view their own recordings;
  2. Detective Investigators and above will have viewing privileges for all recordings.

C. No member assigned to a vehicle equipped with mobile video recording equipment shall alter, modify, reuse, tamper with or disable the system in any manner.

D. A copy (for internal use only) of an audio/video file may be requested through the Video Evidence Custodian.
If such copy is provided, the file shall not be further copied except by the Video Evidence Custodian.

E. An internal/electronic signature log will be automatically generated and kept for every audio/video file produced via mobile video recorders to document all members accessing the file.
Members shall be prepared to justify the reason for accessing/viewing files.

F. Department mobile video recording equipment such as hard drives (HD) or hard drive cradles shall not be connected to unauthorized computers.
Non-Department-issued equipment shall not be connected to any Department mobile video recording device.

G. Dissemination of mobile video recordings outside of this Department is strictly prohibited without written authorization by the Chief of Police or his/her designee.

A

.04 OPERATIONAL (GENERAL)

A. Each officer that has been trained in the use of the recording device will operate the vehicle with the device in the. “operation mode.”

B. Officers assigned mobile video recording equipment are responsible for ensuring the equipment remains in the operating condition it was issued.
Officers shall not attempt to repair mobile video recording equipment except for facilitating Department-directed specific software updates and manufacturer’s required maintenance.
Officers shall notify their immediate supervisor of damaged or malfunctioning mobile video recording equipment immediately and complete SAPD Form #162, Found Damage Report and/or SAPD Form #161, Mobile Video Recorder Service Request. Officers that have been issued Body Worn Cameras (BWC) are not required to use the Coban Microphone unless the BWC malfunctions during their tour of duty.
Officers who have been issued a BWC will report any malfunctions of the BWC to their immediate supervisor prior to returning to duty.

C. The use of the digital camera system for the clandestine recording of the voice or image of a member of the Department is prohibited unless specifically authorized by the Office of the Chief.

D. Officers may use the recording to gather pertinent information for composing reports, training, or investigatory purposes.

E. Officers are not required to advise citizens they are being recorded or show any citizen a video which they recorded.

F. Officers will not make private recordings and/or release any copies to any person not authorized to receive it.

.05 START UP

A. Officers inspect and functionally test mobile video recording equipment in their assigned vehicle at the beginning of
every shift by:
1. Ensuring proper alignment and positioning of the camera.

  1. Ensuring the date and time is correct.
  2. Performing a functional test by activating the camera, synchronizing their mobile microphone, and stating their name, badge number and the date. The officer will then play back the recording to ensure the system recorded correctly and that the mobile microphone is synchronized to their system and recording.

B. Officers shall not place any objects in front of any camera that may interfere with recording of video.

471
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 409 – Mobile Video Recording

.06 RECORDING

A. All officers shall begin recording the following events upon receipt of call and continue recording until it is concluded; any deviations will require a supervisor’s approval and must be documented in the officer’s report or CFS comment entry field.

  1. DWI stops;
  2. Code 1 Calls;
  3. Code 2 Calls;
  4. Code 3 Calls;
  5. Self initiated stops:

a. Arrest
b. Field contacts
c. Traffic stops

  1. Vehicle pursuits; and
  2. Vehicle crashes.

B. Subsequent arrest, handcuffing, and search of violators should take place in view of the camera when practical and in accordance with Departmental policy and this procedure.
All arrests, handcuffing, and searches occurring out of view of the camera must be documented in the officer’s report or CFS comment entry field (i.e., searching an arrestee on the sidewalk instead of directly in front of patrol vehicle due to traffic).

C. Video and audio shall be recorded during all prisoner or citizen transports.
Officers shall start the interior (back seat) camera recording prior to placing the suspect or citizen into the vehicle. If an officer arrives at a facility that is recorded, such as headquarters or the Magistrate’s Office, the officer may turn off the camera prior to exiting the vehicle.

D. During prisoner transport in wagons, the officer shall tag video as an “Admin/Default” category unless an event occurs which would require identifying a specific prisoner and/or incident taking place during the transport.
In such cases, the video will be tagged with the offense the identified prisoner/suspect was initially detained for.

E. Officers shall not stop or mute a recording during a public encounter or assigned CFS, except for the following reasons.

  1. Officers may stop and/or mute:

a. Encounters with undercover officers or confidential informants; and
b. Personal relief or break.

  1. Officers may momentarily mute only:

a. Conversations that involve
“case tactics” or “strategy”
and;

b. Personal emergency matters of a sensitive nature
(i. e. family emergency, medical emergency, catastrophic event).

  1. Officers may mute, with Supervisors approval only, where Officers duties are ”unlikely to lead to information relevant to a case”,
    (i.e. directing traffic, preserving a crime scene).
    The Mobile Video audio shall be reactivated immediately if the circumstances change or any police action is to be taken.
A

F. All stoppage and/or muting, other than administrative functions testing or accidental activation, of the mobile video must be

  • verbally documented—stating a specific reason—in the Officer’s video, and
  • report or *CFS comment entry field.

G. When responding to a call or initiating any activity in which an explosive device, or suspected explosive device or Hazardous Material is present the officer will, prior to exiting their vehicle, ensure that their in-car system is recording and remove their microphone and/or BWC (Body Worn Camera) and leave it in their vehicle.
The removing of the microphone and/or BWC, and leaving it in the vehicle, must be clearly documented in the officer’s report or CFS comment entry field.

H. Recording Suspected DWI Violators

  1. When an officer makes a decision to start an investigation of a violator, the officer shall activate the mobile video recorder but shall not verbally articulate the initial traffic violation observed or any observations of the SFST.
  2. When stopping the violator, the officer positions the police vehicle approximately two car lengths behind the suspect’s vehicle in order to create a proper arena of performance.
    If two car lengths are not possible, the officer adjusts the camera angle before leaving the police vehicle to ensure a safe and effective arena of performance.
  3. Optimum lighting should be used at night whenever possible:

a. Low beam headlights and takedown lights should be used during mobile video recording.
High beam and spotlights should be used only when needed for the safety of the suspect and officer.

b. When Standardized Field Sobriety Tests (SFSTs) are being performed, no spotlights should be directed at the offender’s vehicle, and should only be pointed at the ground.
Also, wigwag headlights shall not be used, and the front strobe lights, if so equipped, shall be turned off.
The rear strobes may be activated for suspect and officer safety.

  1. The officer should not articulate reasonable suspicion or probable cause as it develops.
    As needed, the officer removes the suspect from the suspect’s vehicle and escorts him to the right rear of the suspect vehicle, with the suspect facing the police vehicle.
    The officer should stand so as to observe the suspect as well as any other occupants in the vehicle and to monitor vehicle traffic.
  2. Any intoxicants found in the suspect vehicle, as well as any evidence seized, shall be brought in view of the camera and the officer shall articulate the description of the evidence in order to record such information.
472
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 409 – Mobile Video Recording

.07 REPORTS / RECORDING DATA ENTRY

A. Each officer shall properly enter pertinent data field identifiers associated with each video, and at minimum, include the:

  1. Full SAPD case number for all arrest cases or incidents requiring a case number;
  2. Traffic citation number(s) in the ticket number data field; and
  3. The appropriate video tag at the conclusion of each incident.
  4. Full Call For Service (CFS) number in the “Remarks” field.
  5. Cover officers are to use the case number and CFS number to categorize their video.

B. Officers shall annotate in their reports the existence or absence of any associated recorded audio/video file.

C. If an unexpected failure occurs during an officer’s tour of duty, he/she will notify their supervisor and document inoperable audio/video equipment with the generation of a CFS number. Also, officers will document the incident in the “Comments Section” of the CAD System.

.08 EQUIPMENT

A. Each officer will be issued a microphone and microphone charger.
It will be the officer’s responsibility to report for duty with a fully charged portable microphone and synchronize their microphone with their vehicle’s camera system in accordance with section 05 of this procedure.
The use of the microphone is not mandatory for officers who have been issued a Body Worn Camera (BWC) unless the BWC malfunctions.
Officers will keep a fully charged portable microphone with them while on duty.

  1. A bank of microphones and batteries will be maintained at each substation/facility.
  2. It will be the Shift Lieutenants responsibility to maintain and issue replacement batteries and/or microphones as needed.
    a. Damaged microphones and/or batteries will be returned to the Training Academy Armory and a replacement will be secured to ensure that the bank of spare microphones remains constant.
    b. Lost microphones and/or batteries will be documented via an Officers report and reported to the Training Academy Armory in order to secure a replacement.
  3. Officers needing a replacement battery for their microphone will contact their Sergeant and replace the battery only from the bank of spare microphones.
  4. Officers that need replacement microphones due to loss, theft, or damage will:
    a. Complete a report detailing the loss, theft or damage of the microphone.
    b. Contact their Sergeant to receive a replacement microphone.

B. Officers promoting or who will be reassigned to duties where they will not be utilizing the in-car video system will return their microphone to the Training Academy Armory.

C. Hard drives will be assigned to vehicles.
Removal of the hard drive is prohibited, unless conducted as outlined in Section .14C of this procedure.

A

.09 SUPERVISORRESPONSIBILITIES

A. Supervisors shall ensure officers are using the recording equipment according to established guidelines, policies, and
procedures.
1. Supervisors, on a quarterly basis, will review at least one recording for all officers under their command to ensure proper usage of recording equipment and adherence to established policy and procedures.
2. Supervisors will only use recordings from Type 1–5 category of events, in accordance with Section .13 of this procedure.
3. Supervisors will take corrective action for any procedural violation they observe and document the findings on the proper form.

B. When responding to a citizen complaint made against an officer and the encounter is captured on video, the supervisor shall view the recording to determine if the video evidence supports or refutes the complaint.
Existence and content of the recording shall be annotated in the supervisor’s investigation report.

C. Supervisors shall record all incidents
(i.e. use of force, officer involved accidents, and complaints on officers)
when requested or required to respond, in addition to those listed under Section .06A of this procedure.

D. Supervisors shall view the recordings of all use of force incidents, police vehicle crashes, and police pursuits prior to completing their evaluations.

E. Supervisors may view the recordings of their subordinates in the field at any time during the shift.

F. Minor infractions (non-criminal) discovered during the routine reviews of recorded material should be addressed by the reviewing supervisor, including retraining when appropriate.
Disciplinary actions will be addressed in accordance with GM Proc. 303, Disciplinary Procedures.

G. Any supervisor made aware of damaged or malfunctioning recording equipment shall arrange for repair of the equipment. Damage shall be inspected by the supervisor and he/she will make every attempt to locate and assign a vehicle with a working in-car video system.

.10 TRAINING VIDEOS

A. Officers/Supervisors aware of recorded files containing material that may be deemed beneficial as training material shall direct notification up the chain-of-command.

B. The Training Academy Commander may, with the approval of the Chief of Police, use such recording for training purposes, taking into consideration pending judicial and/or administrative investigations.

.11 OPEN RECORDS REQUEST

A. Requests for audio/video files will be handled under the Public Information Act.

B. Requests for audio/video files from other criminal justice agencies are to be submitted in writing on agency letterhead and signed by the agency’s chief executive officer to the Video Evidence Custodian.

C. All copies of audio/video files will be produced by the Video Evidence Custodian.
A copy is defined as a reproduction of the primary recording of the event.

D. Requests for files for prosecutorial purposes may be submitted directly to the Video Evidence Custodian.

E. Requests for files from defense attorneys in county, district, or federal courts must be made through the appropriate prosecutor, or subpoenas.

F. The cost for producing the audio/video files for Open Records Requests will be determined by the Records Unit.

G. All other requests for audio/video files should be referred to the Office of the Chief.

473
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 409 – Mobile Video Recording

.12 COMPLAINTS RECEIVED / VIDEO REVIEW

A. When a complaint is received alleging misconduct involving an officer who is assigned to a mobile video recording (MVR) equipped vehicle, the following procedures shall be followed:

  1. The Internal Affairs Unit shall first determine if MVR evidence exists. If so, the Internal Affairs Unit shall request a copy of the video evidence and the Video Evidence Custodian shall cause this evidence to be provided and archived.
  2. The Internal Affairs Unit shall view the video of the public contact in question and determine if there is any cause for the allegations in the complaint.
  3. If no cause is determined, the Internal Affairs Unit shall contact the complainant and advise them a MVR recording was made of the contact and the reviewing officers observed no misconduct.
  4. The Internal Affairs Unit shall advise the complaining party that they may make an Open Records Request for a copy of the recording.
  5. The Internal Affairs Unit shall proceed with their established protocols if misconduct is determined.

.13 VIDEO CATEGORIZATION AND RETENTION

A. Officers shall categorize each video after stopping the recording by selecting the appropriate event type from the menu.
The categorization label will determine the minimum length of retention.

B. Videos will be categorized based on the following criteria beginning on December 9, 2014:

  1. Admin/Default - This category used when the user inadvertently engages the COBAN and the video has no evidentiary value. 0 = 180 days
  2. Crash – Accident in which a CR-3 is required.
    CRA = 180 days
  3. DWI - This category used for all DWI cases.
    DWI = 3,650 days
  4. Felony Offense Report - This category used for all Felony cases (Murder, Sexual Assault) etc.
    FOR = 3,650 days
  5. Incident - This category used for all Incident cases (Non-Criminal reports, Emergency Detention) etc. INC = 180 days
  6. Misdemeanor Offense Report - This category used for all Misdemeanor cases (Theft, Public Intoxication) etc. MOR = 730 days
  7. N-Code - This category used for all N-Coded calls including non injury accidents where no CR-3 is completed. NC = 180 days
  8. Traffic - This category used for all traffic related stops unless associated with a DWI, Felony or Misdemeanor. This category is not to include accidents/crashes. TS = 180 days

C. Officers shall include the existence of video evidence in the case report for follow up investigations.

D. Any video considered to have evidentiary value, which needs to be retained past the standard retention period, must be identified by a Detective Investigator or a supervisor and have a hold request with an expiration date forwarded to the Records and Administration Office through the chain of command.

E. Any video that becomes part of an internal investigation will:

  1. Have all viewing privileges blocked out with the exception of personnel assigned to the Professional Standards/Internal Affairs Unit, the Shooting Team or as assigned by the Chief of Police. This will be done in “Active case management” and can be done remotely by those with admin rights.
  2. Will be placed on hold for indefinite retention until it is no longer needed.
A

.14 VIDEO UPLOADS

A. Video File Uploading (Automatic Mode):
Video files may be uploaded through an automated wireless process at any Wi-Fi enabled location (listed below).
The video upload process will continue after logoff, until all files have been uploaded to the central server.
Officers can power down the vehicle, but shall not interfere with the file transfer process or attempt to power down the system.
The system is designed to automatically shut down after the transfer process has been completed.

B. Video File Uploading (Manual mode):
Video files may be uploaded through a manual wireless process at any Wi-Fi enabled location (listed below) by following the routine system shutdown process.
Officers will select the option “Upload and Shutdown.”
The upload process will continue after logoff, until all files have been uploaded to the central server.
Officers can power down the vehicle, but shall not interfere with the file transfer process or attempt to power down the system.
The system is designed to automatically shut down after the transfer process has been completed.

  1. The following Units/Sections are authorized to, and will remove the Hard Drives from their vehicles and will conduct manual uploading of videos:

a. DWI Units;
b. Commercial Motor Vehicle (DOT) Units;
c. Motorcycle Units; and
d. Any Unit of Section designated by the Chief of Police or his designee, or assigned to vehicles which are not Wi-Fi enabled.

  1. Manual Uploads due to Remaining storage

a. Upon logging into the in-car video system, an officer will note the number of hours of storage remaining on the hard drive.
This is indicated on the middle right side of the login screen titled “Storage left for video: XX.XX Hours”.
If the system indicates that the remaining hours for video is 15 hours or less (which will require a manual procedure for uploading video files), the officer shall notify their supervisor.

.14 VIDEO UPLOADS

A. Video File Uploading (Automatic Mode):
Video files may be uploaded through an automated wireless process at any Wi-Fi enabled location (listed below).
The video upload process will continue after logoff, until all files have been uploaded to the central server. Officers can power down the vehicle, but shall not interfere with the file transfer process or attempt to power down the system.
The system is designed to automatically shut down after the transfer process has been completed.

B. Video File Uploading (Manual mode):
Video files may be uploaded through a manual wireless process at any Wi-Fi enabled location (listed below) by following the routine system shutdown process.
Officers will select the option “Upload and Shutdown.”
The upload process will continue after logoff, until all files have been uploaded to the central server.
Officers can power down the vehicle, but shall not interfere with the file transfer process or attempt to power down the system.
The system is designed to automatically shut down after the transfer process has been completed.

  1. The following Units/Sections are authorized to, and will remove the Hard Drives from their vehicles and will conduct manual uploading of videos:

a. DWI Units;
b. Commercial Motor Vehicle (DOT) Units;
c. Motorcycle Units; and
d. Any Unit of Section designated by the Chief of Police or his designee, or assigned to vehicles which are not Wi-Fi enabled.

  1. Manual Uploads due to Remaining storage
    a. Upon logging into the in-car video system, an officer will note the number of hours of storage remaining on the hard drive. This is indicated on the middle right side of the login screen titled “Storage left for video: XX.XX Hours”. If the system indicates that the remaining hours for video is 15 hours or less (which will require a manual procedure for uploading video files), the officer shall notify their supervisor.
    b. Once notified, the supervisor shall pull the hard drive and manually upload video as outlined in the “Sergeants field guide” pages 9 through 11.
    c. It is the supervisor’s responsibility to replace the hard drive back into vehicle once video is successfully offloaded.

C. Special/Exigent Circumstance Video File Uploading:

  1. Officers shall not remove the hard drive under any circumstances.
  2. Authorization for removal of HD can only be made by a Sergeant or above.
  3. Keys for unlocking and removing HD’s will be issued to the following personnel only:

a. CSI Supervisor;
b. Traffic Investigations Detail;
c. Substation commanders;
d. Internal Affairs;
e. Traffic Captain;
f. Officers assigned to Motorcycle Detail;
g. DOT Enforcement Officers;
h. DWI Unit Officers;
i. Patrol Supervisors; and
j. Supervisors and/or Officers assigned to Units or Sections designated in accordance with section .14B1d.

  1. Vehicles involved in collisions and/or otherwise not able to be driven to the substation shall adhere to the following:
    a. The notified supervisor or Patrol Supervisor shall coordinate the retrieval and upload of the hard drive (locked in the video recording unit component located in the trunk of the vehicle).
    b. The Crime Scene Investigator Supervisor, Detective, or technician will then upload the video manually via a cradle station. In minor police vehicle crashes where TID is not required to make the scene and a Crime Scene Technician is not available, the field supervisor will then upload the video manually via a cradle station.
    c. Upon completion of the video upload the hard drive must be returned to Fleet Management
  2. Critical Incidents
    a. Upon the conclusion of a critical incident, all units will return to the appropriate facility in order to have all video manually uploaded. A unit will NOT be returned to service until all video evidence has been removed from the unit and confirmed for release by CSI.
  3. Failsafe Video Data includes all recordings initiated by the officer as well as all video (no audio) captured throughout the entire shift, as long as the MVR program is running. Failsafe video may contain pertinent evidentiary data related to an event, but is only available for 48 hours from the time of the incident.
a. A supervisor may request an upload of a systems Failsafe data by submitting a request to a CSI Sergeant.
D. Wireless Hotspot Locations for Video Upload:
NOTE: Hotspot upload locations will be identified at each facility through signage and/or parking lot striping at:
   Bldg Site
       Physical Address
    Central Service Area
   515 S. Frio
    North Service Area
  13030 Jones Maltsberger
  South Service Area
      711 W. Mayfield
    Northwest Service Area
   5020 Prue Rd
    West Service Area
  7000 Culebra Rd
  East Service Area
      3635 E. Houston
    Academic Court
   555 Academic Ct 78204

.15 REVIEWING IN-CAR VIDEO

A. The viewing of videos is restricted for official use only. Videos may be viewed for the following purposes:

  1. Criminal investigations;
  2. Internal Affairs or complaint reviews in accordance with Section
    .12, COMPLAINTS RECEIVED / VIDEO REVIEW;
  3. Pursuits;
  4. Use of force reviews;
  5. Open Record Request (ORRs) in accordance with
    .11, “OPEN RECORD REQUEST”;
  6. Officer involved crashes; or
  7. Other – any purpose not listed in this procedure shall have prior approval by a supervisor and documented in the Notes section.

B. Personnel requiring access to locked videos will send a request for access/viewing of the specific video through their chain of command.

C. Personnel reviewing videos shall manually document name, badge number and the purpose of their viewing in the Notes field in the Coban viewer application.

D. The making of unauthorized copies and/or copies for personal use is prohibited.

.16 RETURN TO DUTY

A. Officers that have been absent for an extended period and/or not received training, must complete the in-car video training prior to being authorized to use the system.

474
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 410 – Body Worn Cameras

.01 INTRODUCTION
The purpose of this procedure is to establish guidelines for the operation of Body Worn Cameras (BWC) assigned to San Antonio Police Officers for capturing audio/video evidence of police interactions including, but not limited to, traffic violations, field interviews, field sobriety testing, and/or other official police activity.

.02 TERMINOLOGY
Body Worn Camera (BWC) means a bodily worn digital recording system and its components used to record audio/video during police interactions.
Digital Media Evidence (DME) means analog or digital media, including, but not limited to, electronic recordings of video, photograph, audio, film, magnetic and optical media, and/or the information contained therein digitally committed to file and of probative value that is stored or transmitted in binary form.
Body Worn Camera status
1) off - duh, its off - the camera is not on. In this mode, the camera does not have power and will not record video or buffering video, but DOES record button presses.
2). Buffering Mode - (ON) - the camera is powered on but not recording. **in this mode, the camera stores (records) a 30 second history in flash memory prior to the start of the bwc dme recording. When the recording is started the “buffering recording” becomes part of the BWC DME. Officers are REQUIRED to leave the BWC powered ON for their entire shift, EXCEPT when on a Personal Relief Break.
3) RECORDING - the camera is powered ob and recording video. An officer starts a recording by pushing the event button twice. A recording is stopped by a long press of the “Event button”.

Buffering video means the video stored in the flash memory of a body worn camera that captures events prior to a recording being started.

.03 POLICY

A. It is the policy of the San Antonio Police Department to present for prosecution audio/video evidence of traffic and other law violations as outlined in Section .06 of this procedure.
To this end, Officers with properly functioning BWC equipment shall record all events surrounding the contact, stop, detention, interview, and arrest of suspected violators and maintain this recorded evidence for consideration in criminal prosecution.

B. All DME generated on Department-owned BWC equipment is the property of the San Antonio Police Department. The copying or reproducing of any DME generated by members of the Department for use outside of Department business is prohibited. Requests for copies will be processed by the Departments Video Evidence Custodian.

C. Distribution of any DME generated by Department members in any format or for any purpose must be in compliance with this procedure and applicable unit SOPs.

D. All Officers assigned BWC equipment issued by the Department shall be properly trained in its functions and procedures before use.

Uniformed Officers shall that regularly engage or have contact with the pubic-hair shall wear their issued BWC during their tour of duty. Officers wearing ANY other uniform should have their issued BWC readily available for use as outlined in this procedure.

E. The BWC program shall be reviewed and updated continuously by Research and Planning as the program moves forward. Individual sections/units shall be responsible to document their individualized utilization of cameras, which are in line with this procedure but NOT defined in this procedure, in their respective Standard Operating ProcedureS (SOPS). Examples may include utilizing the BWC for interviews/interrogations, training and other section/unit specific activities.

F. * failure to record activities as laid out in this policy will NOT be considered a policy violation as long as reasonable justification is documented. (WHO decides what is considered “reasonable “?)
Any justification for failing to activate the body worn camera because it is UNSAFE , UNREALISTIC, or IMPRACTICAL is based on whether a reasonable officer under same or similar circumstances would have made the same decision (decided by briefers) (Texas Occupations Code Sec 1701.657 (d)).

.04 ADMINISTRATIVE

A. All generated DME will be retained according to Section .12 of this procedure.

B. DME shall not be altered, modified, misused, or tampered with.

C. Any disabling of the BWC system in any manner is prohibited.

D. Any unauthorized decals, emblems, symbols or other advertisement affixed to the device are prohibited.
A label containing identifiable markings, affixed to the rear of the BWC device not visible while worn is authorized.

E. Standardized viewing privileges of DME for administrative and investigatory purposes shall be as follows:

  1. All Officers will be able to view their own DME;
  2. Detective-Investigators and above will have viewing privileges for all DME.
    * F. All generated BWC DME associated with a Call for Service number should be identified and labeled by the DME system, as long as the officer is assigned to a CFS prior to the beginning of the recording.*
A

.05 START UP

A. Officers shall ensure that the BWC is operational by powering the unit on and confirming the status of the indicator LED’s.
B. Officers shall ensure proper alignment and positioning of the BWC on the front of the Officer’s outer most garments (nothing shall be placed in front of the camera in such a manner that it interferes with or obstructs the recording of VIDEO at any time during the course of the Officer’s duties this includes any object that prevents the camera from recording both video and audio).
C. Officers shall keep their Body Worn Camera in buffering mode (ON) throughout their shift. Officers shall not change the operation of their Body Worn Camera that prevents the camera from capturing the buffering video, the video and audio of their calls.

.06 RECORDING

A. Officers are not required to advise citizens they are being recorded and are prohibited from showing any citizen a video which they recorded; furthermore, Officers should not start/stopthe BWC solely upon the request of a citizen.

B. Officers shall create a Call for Service (CFS) for any self-initiated video at the time of recording.
Officers shall stop recording at the end of each
CFS number and start a separate recording for each new CFS number assigned or initiated.

C. Officers shall use the recording to gather pertinent information for composing reports, training, and investigatory purposes.

D. Officers shall begin recording the following events and continue recording until the event is concluded;
(Any deviations will require a supervisor’s approval and must be documented in the Officer’s video, report, or CFS comment entry field in accordance with Section .07 of this procedure):

 1. Upon observation of suspicious or criminal behavior;

2. Officer-initiated contacts: a. Arrest, b. Field Contacts, c. Traffic/Pedestrian Stops, d. Vehicle/Foot Pursuits;

3. During all prisoner or witness transports.  If an officer arrives at a facility that is recorded, such as Public Safety Head Quarters (PSHQ) or the Magistrate’s Office, the Officer may stop recording upon entering the facility or transferring custody of the prisoner/witness;

4. In instances where the Officer reasonably believes that the recording may provide evidence in criminal investigations;
5. Service of any search or arrest warrants on the premises of a residence, business or building, if the Officer is assisting in such service of search or arrest warrants;
6. Citizen-initiated contacts or flagged down requests for public safety services.

E. Officers should begin recording upon reception of or response to CFS, whether dispatched or not; to include assisting outside agencies (Federal, State, County, or Municipal). However, officers SHALL begin recording prior to arriving at the scene.

F. Subsequent arrest, handcuffing and search of violators should take place in view of the camera when practical and in accordance with Departmental policies. All arrests, handcuffing, and searches occurring out of view of the camera must be documented in the Officer’s video, report, or CFS comment entry field in accordance with Section .06 of this procedure.

F. Officers shall not stop or mute a recording during a public encounter or assigned CFS, **except for the following reasons:

1. Officers may stop and/or mute: a. While conferring with undercover/covert officers from investigative divisions, or confidential informants or with federal officers/agents.  However, officers SHALL “un-mute” prior to continuing or taking ANY law enforcement action;

b. Personal relief or break
2. Officers may momentarily mute only:
a. Conversations that involve police and/or case tactics or strategy
b. Personal emergency matters of a sensitive nature (i.e. family emergency, medical emergency, catastrophic event).

3. Officers may mute, with Supervisors approval only, where Officers duties are *unlikely*to lead to information relevant to a case,  (i.e. directing traffic, preserving a crime scene).  The BWC audio shall be reactivated immediately if the circumstances change or any police action is to be taken.

G. All stoppages and/or muting, other than accidental activation, of the BWC must be verbally documented—stating a specific reason—in the Officer’s video, and in writing in the officer’s report or CFS comment entry field in accordance with Section .07 of this procedure.

H. When an Officer makes the decision to start an investigation, or at the start of the initial CFS, the Officer may verbally articulate facts or observations that may be noteworthy.
This articulation may continue throughout the entire recording.
(Note: This does not apply to DWI investigations, Procedure 507, Sec .04.)

I. Officers shall not:

  1. Mute/Stop BWC DME Recordings where other members of the department are off-duty and a subject of the call in which the member was not acting under the color of his OR her authority.
  2. Intentionally create DME recordings of themselves or other employees in areas where a reasonable expectation of privacy exists such as locker rooms, restrooms, etc.
  3. Be assigned to a new call before the end of their current call, due to video recording restrictions. Officers will not request a dispatcher to “put a call on hold” to briefly make the scene of another call then return to the original call on the same recording.
  4. Use the BWC for the clandestine recording of the voice or image of a member of the Department unless specifically authorized by the Office of the Chief.
  5. Knowingly record undercover officers or confidential informants.
  6. Use Departmentally-owned BWC equipment to record any type of personal activities.
  7. Allow non-sworn personnel to view the DME video without permission from the Officer’s immediate supervisor.
    Governmental employees who are directly involved in the investigation and/or prosecution of a criminal case related to the DME video or who work in Internal Affairs or IT Services supporting BWC are exempt from this provision.
  8. Create recordings in patient care areas of any medical or mental health facilities UNLESS the recording is for official police business such as a criminal investigation, dying declaration, Horizontal Gaze Nystagmus (HGN) on injured drivers, or a specific call for police service, in compliance with Federal HIPAA regulations.
  9. Record any court facility, legal proceeding
    (i.e. deposition, city council meetings)
    or, secured governmental facility. (Why?)
  10. Upload or convert DME for use on any type of social media.
  11. Connect BWC equipment to any unauthorized computers, phones, tablets or similar devices, either wirelessly or by use of a cable.

J. Officers shall notify a Supervisor immediately if he/she accidently records, or is aware of any of the listed incidents:

  1. An Officer, SAPD employee, COSA employee, or authorized person in a designated private area
    (i.e. restroom, locker room),
    accessible to the Officer, shall notify a supervisor immediately of the recording;
  2. An individual in a designated private area
    (i.e. restroom, locker room)
    where the video is non-evidentiary;
  3. A Personal conversation among Officers or other employees, where the video is non-evidentiary
  4. Supervisors shall make notifications as listed in this procedure section 12.E.

K. When responding to a call or initiating any activity in which an explosive device, suspected explosive device or Hazardous Materials Environment is present, the officer will, prior to exiting their vehicle, ensure that their in-car system is recording and remove their microphone and/or BWC and leave it in their vehicle.
The removing of the microphone and/or BWC and leaving it in the vehicle must be clearly documented in the officer’s report or CFS comment entry field.

475
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San Antonio Police Department
GENERAL MANUAL
Procedure 410 – Body Worn Cameras

.07 WHEN A BWC VIDEO CAN BE STOPPED

A. Unless otherwise permitted by this procedure, once the BWC is RECORDING , it shall remain RECORDING until the incident has concluded.

B. For the purpose of this section, conclusion of the incident has occurred when:

  1. All arrests have been made and arrestees have been transported and released from custody;
  2. All witnesses and victims have been interviewed; and
  3. The continued recording will not serve to obtain additional evidence.

C. All stoppages and/or muting other than accidental recording , of the BWC must be verbally documented -stating a specific reason-in the Officer’s video, and in writing in the officer’s report, or CFS comment entry field.

D. Failure to record activities as laid out in this policy will not be considered a policy violation as long as reasonable justification is documented.
ANY justification for failing to activate the body worn camera because it is unsafe, unrealistic, or impractical is based under the 20/20 hindsight bullshit of a briefer.

.08 BWC DME UPLOADS

A. Officers will upload video in accordance with the specific device’s operational instructions.

B. The officer shall enter the pertinent data field identifiers associated with each video
(e.g. citation #, warning #, etc.),
in the CFS/Case notes section before being placed in service.

C. Officers shall annotate in their reports the existence or absence of any associated BWC DME.

D. Prior to the end of their duty day the officer will go to a designated docking station and upload the BWC DME. The DME will then be uploaded to the departments contract cloud based storage.

E. Special/Exigent Circumstances DME Uploading.

  1. If officers are involved in collisions and/or are otherwise unable to return to the substation, supervisors shall adhere to the following:

a. The notified supervisor or Patrol Supervisor shall coordinate the retrieval and upload of the BWC.
b. The crime scene investigator Supervisor will then upload the BWC (if applicable)
c. Upon completion of the video upload, the BWC must be returned to the Officer’s Supervisor.

  1. Critical Incidents
    a. Upon the conclusion of a critical incident, ALL officers will return to the appropriate facility in order to have all DME uploaded. The BWC device will NOT be returned to service until ALL DME has been removed and completion of upload has been received by the CSI supervisor or designee.

F. All video must be uploaded before the officer’s next assigned shift. No officer is permitted to take a BWC home while it still contains video on it, UNLESS authorized by the on duty Sergeant.

.09 EQUIPMENT

A. On an individual basis, Officers will sign for and be issued a BWC as well as the device’s associated accessories.
It will be the Officer’s responsibility to ensure the BWC device is fully charged and operable prior to their tour of duty.

B. No member assigned BWC equipment shall alter, modify, reuse, tamper with or disable the device or associated accessories in any manner.

C. Officers assigned BWC equipment are responsible for ensuring the equipment remains in operating condition.
Officers shall notify their immediate supervisor of damaged or malfunctioning BWC equipment and complete SAPD Form BWC2, Body Worn Camera Equipment Replacement Receipt.

D. Officers shall report lost/damaged BWC’s to their immediate supervisor.
A written report shall be completed as directed by the officer’s SOP for lost or damaged items.

a. Replacement cameras can be obtained through:
i. The body worn camera unit
ii. The ready room at Public Safety Headquarters (a supervisor must check out the key from RMC). When a supervisor replaces an officer’s camera, the supervisor shall assign the replacement camera to the officer and complete form BWC2, which is located in the Ready Room at PSHQ.

A

.10 VIDEO COPIES/RECORDS REQUEST

A. Requests by non criminal justice agencies/individuals for DME will be handled under the Open Records Act in accordance with GM Procedure 323, Release of Police Records.

B. A copy (for internal use only) of DME file may be requested through the Video Evidence Custodian or their designee. If such copy is provided, the file shall not be further copied except by the Video Evidence Custodian or their designee.

C. Requests for DME from other criminal justice agencies are to be submitted in writing on agency letterhead and signed by the agency’s Chief Executive Officer to the Video Evidence Custodian or their designee. Request letters may be emailed PDCobanVideoRequest@SanAntonio.gov.

  1. Requests for DME for prosecutorial purposes may be submitted directly to the Video Evidence Custodian or their designee.
  2. Requests for DME from defense attorneys in county, district, or federal courts must be made through the appropriate prosecutor.

D. All copies of DME will be produced by the Video Evidence Custodian or their designee. A copy is defined as a reproduction of the primary recording of the event.

E. The cost for producing the DME will be determined by the Records Unit.

F. All other requests for DME should be referred to the Office of the Chief of Police.

G. An automated internal electronic data access log (chain-of-custody) will be generated and kept for every DME file produced via BWC to document the authenticity of the DME. Members shall be prepared to justify the reason for accessing/viewing DME.

H. The release of all digital evidence created/generated through the use of BWC will only be conducted under the statutes and limitations outlined in the Texas Occupation Code, Title 10. Occupations Related to Law Enforcement and Security, Chapter 1701. Law Enforcement Officers

.11 COMPLAINTS RECEIVED/VIDEO REVIEW

A. When a complaint is received alleging misconduct involving an Officer who is assigned a BWC, the following procedures shall be followed:

  1. The Officer’s immediate supervisor or Internal Affairs Unit shall determine if any police originated DME exists.
  2. The supervisor or Internal Affairs Unit shall view the video(s) of the incident in question and determine if there is any cause for the allegations in the complaint.
  3. If no cause is determined, the supervisor or Internal Affairs Unit shall contact the complainant and advise them police originated DME exists for the incident and that no misconduct was observed.
  4. The supervisor or Internal Affairs Unit shall advise the complaining party that they may make an open records request for copy/copies of the police originated DME.
  5. The supervisor or Internal Affairs Unit shall proceed with their established protocols if misconduct is determined.

B. An Officer who is the respondent to a citizen or administrative complaint shall have the ability to review any police originated DME and/or any police originated DME audit trail of the incident in question.

C. The Internal Affairs Investigator may, for the purposes of an investigation or complaint, export or copy any and all police originated DME as needed.

476
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San Antonio Police Department
GENERAL MANUAL
Procedure 410 – Body Worn Cameras

.12 VIDEO CATEGORIZATION AND RETENTION
A. After stopping the recording, Officers shall apply the proper call.

B. Video retention will be computer generated based on the call disposition code the officer entered. All generated BWC DME associated with a Call for Service number should be identified and labeled by the DME system, as long as the officer is assigned to a CFS prior to the beginning of the recording.

Admin Retention = 5 years
Admin/Default, crash, N-code = 180 days
Felony (Capital and 1st degree) = 50 years
Felony (2nd, 3rd, and State) = 10 years
Recovered stolen vehicle and DWI = 10 years
Misdemeanor Offense Report = 2 years
Open Records Request = 4 years
?Police Act 30 Mon Retent = 900 days?
Reportable Incident, Traffic = 2 years
Training = 15 days
Uncategorized, restricted, Pending Review = until manually deleted

C. Any/all videos initially categorized or upgraded to a Capital Felony or First Degree Felony must be retained for a minimum of 50 years (18,250 days) in accordance with the Texas State Library and Archive Commission (Record # PS-4125-05b).
Capital Felony/First Degree Felony, or any other video having evidentiary value, which needs to be retained past the standard retention period, must be identified by a Detective Investigator or a supervisor and have a hold request with an expiration date forwarded to the Records and Administration Office through the chain of command.

D. Any video that becomes part of an internal investigation will:

  1. Have all viewing privileges blocked out with the exception of personnel assigned to the Professional Standards/Internal Affairs Unit, the Shooting Team, or as assigned by the Chief of Police.
    This will be done in “active case management” and can be done remotely by those with administrative rights.
  2. Be placed on hold for indefinite retention until it is no longer needed.

E. Non-evidentiary, accidental recordings tagged under category Admin Default which contain personal and/or sensitive material and which fall under Section .06J, may be deleted when:

  1. An immediate supervisor is notified in writing; the supervisor notifies a systems administrator, who will restrict the video;
  2. Reviewed by a supervisor from the office of the Chief of Police
A

.13 SUPERVISOR RESPONSIBILITIES

A. Supervisors shall ensure Officers are using the recording equipment according to established guidelines, policies, and procedures.

  1. Supervisors, on a quarterly basis, will review at least one recording for all Officers under their command to ensure proper usage of recording equipment and adherence to established policy and procedures.
  2. Supervisors will review any category of recordings EXCEPT ADMIN/DEFAULT.
  3. Supervisors will take corrective action for any procedural violation they observe and document the findings on the proper form.
  4. Supervisors will identify and document the video they reviewed on the appropriate departmental form. (As per micromanaging) All reviews shall be done no later than the 15th day after the quarter has ended. Supervisors shall provide an explanation in the “notes” section for any officer who did not have any videos reviewed during the quarter.
    Reviewing timelines are as follows:
    Quarter 1 = Jan 1st - Mar 31st = DL - Apr 15th
    Quarter 2 = Apr 1st - Jun 30th = DL - Jul 15th
    Quarter 3 = Jul 1st - Sep 30th = DL - Oct 15th
    Quarter 4 = Oct 1st - Dec 31st = DL - Jan 15th

B. Supervisors shall record all incidents (i.e. use of force, Officer-involved accidents, and complaints against Officers) when requested or required to respond, in addition to those listed under Section .06D of this procedure.

C. Supervisors shall view the recordings of all use of force incidents, police vehicle crashes, and police pursuits prior to completing their evaluations.

D. Supervisors may view the recordings of their subordinates in the field at any time during the shift.

E. Minor infractions (non-criminal) discovered during the routine reviews of recorded material should be addressed by the reviewing supervisor, including retraining when appropriate. Disciplinary actions will be addressed in accordance with GM Proc. 303, Disciplinary Procedures.

F. Any supervisor made aware of damaged or malfunctioning recording equipment shall arrange for replacement of the body worn camera.
Supervisors shall replace the damaged/malfunctioning BWC in accordance with Section .09E of this procedure.

.14 REVIEWING DME

A. The viewing of videos is restricted for official use only. Videos may be viewed for the following purposes:

  1. Criminal investigations;
  2. Internal Affairs or complaint reviews in accordance with Section .11 of this procedure;
  3. Pursuits;
  4. Use of force reviews;
  5. Open Record Requests (ORRs) in accordance with Section .10 of this procedure;
  6. Officer involved crashes; or
  7. Other – any purpose not listed in this procedure shall have prior documented approval by a supervisor.

B. Personnel requiring access to locked videos will send a request for access/viewing of the specific DME through their chain-of-command.

C. Personnel reviewing DME shall manually document name, badge number, and the purpose of their viewing in the “notes” field in the BWC application.

D. An Officer is entitled to access any police originated DME recording of an incident involving the Officer before the Officer is required to make a statement about the incident.

E. The making of unauthorized copies is prohibited.

.15 USE OF BWC OFF-DUTY

A. Officers working Off-Duty Employment or Outside Employment, with an approved off-duty employment permit as an extension of police services, shall utilize their BWCs in accordance with this procedure. However, Officers shall not utilize their BWC equipment while working NSA assignments.

B. Off-duty Officers involved in an incident, where the BWC is used to collect DME, shall notify dispatch for a CFS or Case number to be assigned, so that proper tagging of the DME can occur.

C. Officers requiring the use of BWC for off duty employment are allowed to utilize the BWC with video not yet uploaded.

D. Officers shall dock and upload their BWC on their next regularly scheduled tour of duty or within 72 hours of their last regular duty assignment (in an effort to prevent loss or tampering of evidence). An Officer may request to go beyond the 72 hour period with the approval of a Sergeant or above, as per Section .13C of this procedure.

E. Officers working Extended Off-Duty hours (i.e. Courtesy Officer or Rodeo, etc.) shall not work more than fourteen (14) consecutive days without docking their BWC for a “rest period” of twenty-four (24) hours to allow it to upload all video content, charge the battery and transmit / receive firmware updates and system maintenance.

E. If, while off-duty, the officer’s BWC is lost / damaged, the officer shall refer to Section .09E of this procedure to obtain a replacement.

.16 TRAINING VIDEOS

A. Officers/Supervisors aware of recorded files containing material that may be deemed beneficial as training material shall direct notification up the chain-of-command.

B. The Training Academy Commander may, with the approval of the Chief of Police, use such recording for training purposes, taking into consideration pending judicial and/or administrative investigations.

477
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 502 –
Warrantless Arrests, Searches, and Seizures

.01 INTRODUCTION
These guidelines are designed to assist officers of the San Antonio Police Department in determining how and when it is appropriate to enforce the law through warrantless arrests, searches, and seizures.

.03 POLICY
A. The authority to arrest without a warrant is entirely statutory.

An officer’s good faith does not justify an invalid arrest.
Any officer who acts outside his authority in making a warrantless arrest may be subject to both civil and criminal liability.

B. An officer makes a warrantless arrest only if he has enough personal knowledge or reliable information to constitute probable cause upon which an arrest warrant could be issued, if time permitted.

C. Officers exercise discretion in the use of their authority to arrest without a warrant.

D. Officers make warrantless arrests only by the authorities listed in Section .04 of this procedure.

E. Officers make warrantless searches and seizures only by the authorities listed in Section .09 of this procedure.

.04 WARRANTLESS ARREST AUTHORITIES:

A

A. State Statutes

  1. Alcohol Beverage Code -a. Chapter 101, Article 101.02 - Any Violation of Alcohol Beverage Code
  2. Code of Criminal Procedure
    a. Chapter 8, Article 8.04 - Dispersing Riot
    b. Chapter 14

(1) Article 14.01 - Offense within View
(2) Article 14.02 - Within View of Magistrate
(3) Article 14.03(a)(1) - Suspicious Places and Circumstances;
(4) Article 14.03(a)(2) - Assault - Bodily Injury;
(5) Article 14.03(a)(3) - Violation of Protective Order - May Arrest;
(6) Article 14.03(a)(4) - Family Violence - Bodily Injury;
(7) Article 14.03(a)(5) - Interference with an emergency call;
(8) Article 14.03(a)(6) - Confession of a felony
(9) Article 14.03(b) - Violation of Protective Order - Shall Arrest
(10) Article 14.04 - Fleeing Felon

c. Chapter 18, Article 18.16 - Preventing Consequences of Theft
d. Chapter 51, Article 51.13 3. - Uniform Criminal Extradition Act

Health and Safety Code
a. Chapter 462, Section 462.041 4. - Chemically Dependent Person

Parks and Wildlife Code
a. Chapter 11, Article 11.0191 5. - Any Violation of Parks and Wildlife Code

Transportation Code
a. Chapter 543, Section 543.001 - Any Violation of Transportation Code

B. Rights of Officers

  1. Where an arrest may be lawfully made without a warrant, an officer making an arrest is justified in adopting all the measures which he might adopt in cases of an arrest under a warrant, except the officer making the arrest without a warrant may not enter a residence to make the arrest unless.

a. A person who resides in the residence consents to the entry;
b. Exigent circumstances require the officer making the arrest enter the residence without the consent of a resident or without a warrant.

478
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 502 –
Warrantless Arrests, Searches, and Seizures

.05 PROBABLE CAUSE

A. Probable cause to arrest:
exists when an officer has reason to believe, through personal knowledge or reliable information; a person has committed an offense.

B. To establish probable cause, the officer does not need the amount of evidence required to prove beyond a reasonable doubt a person is guilty of committing an offense.
Only that amount of evidence which reasonably shows a particular person probably or most likely committed an offense is required.

C. An officer may consider all the lawfully acquired information available to him at the moment of the arrest regardless of its admissibility at a trial.

D. Though an officer may not rely solely on reasonable suspicion to justify an arrest, he may use this factor as an initial step in establishing probable cause.

E. When immediate action is required, an officer may make an arrest even though he is unable to determine the particular offense which has been committed.
There may be a difference in the reason for arrest and the charge to be filed.
An officer is not required to know all the legal matters involved in determining with which offenses the offender is to be charged.

F. An officer, making an arrest at the request of another officer is entitled to rely on radio broadcast information and assume the officer requesting the arrest has probable cause for the arrest.
When one officer makes an arrest at the request of another officer, its validity is determined by whether the information known to the requesting officer is sufficient to establish probable cause.

G. When information from an informant is necessary to establish probable cause, an officer:
1. Explains his reason(s) for believing the informant to be reliable and the underlying circumstances from which the informant concluded the offense was committed, and a particular person committed the offense.
2. An officer seeks some confirmation of the information he receives from a victim or witness:
a. An officer determines the victim or witness was able to observe and remember what happened;
b. Directly observable results of an offense can serve as partial confirmation of the commission of the offense; and
c. When the circumstances suggest the victim’s or witness’ allegations may be un-true, an officer investigates further before making an arrest.
The more doubt an officer has about the victim’s or witness’ veracity, sincerity, or ability to perceive, the more he needs to confirm the information.

A

.06 SELECTIVE ENFORCEMENT

A. Under certain circumstances in misdemeanor cases, for good cause consistent with public interest, an officer may decide not to arrest even though probable cause exists.

Factors which the officer may properly consider in determining not to arrest are as follows.
1. The victim must positively state he is not interested in prosecuting the offender because:

a. He desires restitution only;
b. He is in a continuing relationship with the offender (i.e., employer-employee);
c. He is in a family-type relationship with the offender; or
d. The actual injury done to persons or damage done to property is minimal.

  1. The offender can be released to the custody of another agency which specializes in handling the type of case in-which he is involved.
    (i. e., Armed Forces Police).
  2. The arrest would result in greater harm to the victim than would non-arrest.

B. When the offense is a felony and circumstances outlined in Subsection .06A of this procedure exist, the officer has the victim and the offender accompany him to Headquarters to contact the investigative unit normally assigned to investigate the particular offense.
(Note: If this occurs from 1900 - 0500 hours, the Night CID Unit is contacted.)
The investigative unit supervisor determines whether the offender is booked or released.
If the offender is released, SAPD Form #29, Complaint Waiver, is signed by the victim and approved by the investigative unit supervisor.

.07 DELAY IN MAKING AN ARREST

A. An officer may, in order to avoid the use of force, delay making an arrest until a more appropriate time if by so doing he does not jeopardize the eventual arrest.

B. An officer obtains a warrant if a misdemeanor is committed in his presence or view and he does not arrest at the time the offense is committed.

C. An officer obtains a warrant if a felony is committed in his presence or view and he does not arrest the offender as quickly as is reasonably possible under the circumstances.
Delay is reasonable when it avoids the necessity of overcoming resistance by the offender and when it is necessary for the safety of the officer or others.

D. An officer who has reasonable time and opportunity to obtain an arrest warrant should always do so in accordance with GM Procedure 503, Obtaining and Executing Arrest Warrants.

E. An officer obtains an arrest warrant when the offender is committing a continuing offense and the facts establishing probable cause are known to the officer over a period of time.
In all cases where an officer has knowledge of a continuing offense, a warrant of arrest is obtained.

F. An officer obtains a warrant for a felony or breach of the peace committed out of his presence or view whenever he has reasonable time and opportunity to procure one.
Such action is unnecessary when obtaining a warrant would result in:

  1. The loss or destruction of evidence;
  2. The escape of the offender; or
  3. Bodily injury to the officer or others.
479
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 502 –
Warrantless Arrests, Searches, and Seizures

.08 INFORMING PERSONS TO BE ARRESTED

A. Officers shall, under normal circumstances, inform persons about to be arrested of the following:

  1. The officer’s intention to take the person into custody;
  2. The reason for the arrest;
  3. The authority for the arrest; and
  4. The person’s rights as per the Miranda Warning.

B. When an arrest situation makes it impractical to inform a person of an impending arrest, officers are not required to provide arrest information. Situations where it would be impractical or unnecessary to provide arrest information include:

  1. When the person is in the act of committing the offense;
  2. When the person is fleeing from the scene of the crime;
  3. When the officer or others would be endangered; or
  4. When the arrest would be imperiled.

C. When not in uniform, an officer displays his identification and identifies himself as a police officer as soon as the situation permits.

D. Officers read SAPD Form #66-E, Rights Warnings, to offenders taken into custody, including juveniles, prior to questioning regarding the offense for which they are arrested and in accordance with Chapter 38.22 of the Texas Code of Criminal Procedure.

E. Officers take all persons arrested before a magistrate in compliance with Chapter 15, Articles 15.17 and 15.18, of the Texas Code of Criminal Procedure.

A

.09 WARRANTLESS SEARCH AUTHORITIES/GUIDELINES

A. Search by Consent

  1. A consent search is a warrantless search and occurs when a person voluntarily allows a peace officer to search his body, premises, or belongings.
  2. Consent is not voluntary if it is obtained by threat, force, or by falsely claiming the search can be conducted without consent.
  3. Upon giving consent to search, the consenting person relinquishes any right to object to the search on constitutional grounds.
  4. Officers, prior to conducting a search by consent, will complete and have the consenting person sign SAPD Form #2091-A, Consent for Search of Private Premises.

B. Frisk
1. An officer may frisk a person for weapons at any time without a warrant if the officer has reason to fear for his safety.
2. The officer must be able to explain why the person was frisked.
The officer need not point to any one thing that would justify the frisk, but should refer to several things, each of which, when taken alone may seem harmless, but when considered together by an officer who is trained or experienced in dealing with criminal suspects, raises a reasonable suspicion the person poses a threat to the officer’s safety.

C. Search of a Vehicle Under a Movable Vehicle Exception

  1. A vehicle stopped on public property by a peace officer may be searched without a warrant if the peace officer has probable cause to believe the vehicle contains items subject to seizure.
  2. The items subject to seizure must be items connected with criminal activity.
  3. The officer’s determination of probable cause must be based on objective facts that could justify the issuance of a search warrant by a judge or magistrate.

D. Crime Scene Search

  1. While at a crime scene, officers may seize any evidence, fruits of the crime, or contraband that falls within the scope of the Plain View Doctrine.
  2. Officers may conduct a quick and limited “protective sweep” search for the safety of officers and persons in the area.
    a. The protective sweep search may be made when an officer reasonably believes the area harbors an individual posing a danger to those at the scene.
    b. Officers may conduct a limited frisk search of a person for weapons at a crime scene if there are articulable facts indicating a person may be armed.
    c. Officers may also make a limited search of persons at a crime scene if there are articulable facts a person may be about to destroy evidence.
  3. In the absence of the Plain View Doctrine or exigent circumstances, officers shall obtain a warrant to search a crime scene.
  4. A search warrant is not necessary if a crime scene is located in a public place.

E. Exigent Circumstances - Where the Public Safety is Endangered

  1. If exigent circumstances exist, the search warrant requirement is dispensed.
  2. Under exigent circumstances officers may search persons, property, or containers they believe possess or contain some immediately dangerous weapon or instrument.
  3. In situations where the public is in danger, officers may conduct a search of persons, places, or things without a warrant if there would not be a reasonable amount of time to obtain a warrant.

F. Inventory Searches

  1. An inventory search of an impounded or seized vehicle may be conducted without a warrant in accordance with GM Procedure 607, Impounding Vehicles. The inventory search is an administrative procedure intended to inventory and secures the contents in a vehicle. The inventory procedure is intended to protect the following:
    a. The owner’s property while it remains in police custody;
    b. The police against claims or disputes over lost, stolen, or vandalized property; and
    c. The police and others from potential danger.
  2. If criminal evidence, contraband, or other property subject to seizure is discovered during the inventory of a vehicle, there must be a valid administrative reason for the inventory for the property to be admissible in court.

G. Other Search Situations Authorized by Constitutional Provisions

  1. Any property or items listed in the Texas Code of Criminal Procedure, Article 18.02, that could be seized with a search warrant may be seized without a search warrant under the Plain View Doctrine if an officer:
    a. Recognizes the property or items as seizable property or items;
    b. Has a legal right to be in a position to view the property or items; and
    c. Does not intrude on any person’s reasonable expectation of privacy to seize the property or items.
  2. If the property or items are in a place the officer cannot legally enter without a warrant or consent, the property or items cannot be seized without a warrant unless there is danger of imminent destruction or removal of the property.
480
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 503 –
Obtaining and Executing Arrest Warrants

.01 INTRODUCTION
A. This procedure is established to provide officers with guidelines for obtaining and serving (leftist removed the word “executing”) arrest warrants.

B. The duties to arrest, definitions, requisites, issuance, scope, authority, and execution of arrest warrants are outlined in Chapter 15 of the Texas Code of Criminal Procedure.

C. It is the duty of every officer to “effect service of” (LEFTIST removed the word “execute”) an arrest warrant in the manner provided by law, by the guidelines established in this procedure, and by adhering to each respective unit’s standard operating procedures.
An officer does not refuse to “effect service of” (LEFTIST removed the word “execute”) a valid warrant on other than legal grounds.

D. It is the duty of every officer to seek an arrest warrant in the manner provided by law, by the guidelines established in this procedure, and by adhering to each respective unit’s standard operating procedures.
An arrest warrant shall be sought as soon as practical for violent crimes when the danger or threat to the public requires immediate action, rather than filing the case at-large.

E. For clarification purposes, the Warrant Executive Supervisor, the Officer-in-Charge, and the Verification Officer refer to the member completing the outlined tasks in this procedure, regardless of rank.

.02 GENERAL PROCEDURES

A. When planning to “effect service of” (LEFTIST removed the word “execute”) a high risk arrest warrant, each member involved in the “service” of an arrest warrant will wear body armor.

B. When executing an arrest warrant, the officer need not have actual possession of the warrant.
The officer announces to the person being arrested that the arrest is made pursuant to a warrant; and:

  1. If the officer has the arrest warrant in his possession, he exhibits it to the arrestee; or
  2. If the officer does not have the arrest warrant, he informs the arrestee of the offense charged against him.

C. Military regulations require documentation prior to the delivery of military personnel to civilian authorities.
Therefore, officers entering a military installation for the purpose of affecting an arrest must possess a copy of the arrest warrant and contact the military police unit assigned to the installation prior to making the arrest.

D. At the time of arrest, officers read SAPD Form #66-E, Rights Warning, to all persons arrested under a warrant.

E. Officers take all persons arrested before a magistrate in compliance with Chapter 15, Articles 15.17 and 15.18, of the Texas Code of Criminal Procedure.

F. Persons arrested under a warrant are booked following GM Procedure 601, Prisoners.

G. Officers routinely initiate a warrant check on persons they have lawfully stopped.
However, such persons are generally detained no more than thirty (30) minutes.
The detention may exceed thirty (30) minutes in circumstances when the officer has reasonable suspicion an arrest warrant is outstanding for the person.

H. A warrant is never altered in any manner.
The officer must return to the issuing magistrate to change the warrant.

I. If attempting service of an arrest warrant at a residence, officers SHALL announce their identify and purpose (so they can be shot) AND SHALL NOT attempt FORCED entry UNLESS a life threatening situation requires immediate entry to save lives. (Another FEELINGS and EMOTIONS driven LEFTIST policy)

A

.04 WARRANTS ORIGINATING IN THE STATE

A. An officer may execute a misdemeanor or felony arrest warrant issued by any court within the State of Texas any place within the corporate limits of the City of San Antonio providing:

  1. The place is a public place;
  2. The officer is in a place he has a lawful right to be;
  3. The place is the residence of the person named in a felony warrant or is where the officer has probable cause to believe the person is presently living;
  4. The place is a private place or residence named in a search warrant, provided the officer has the search warrant in his possession; and
  5. If the warrant is issued by a mayor of an incorporated city or town in a county other than Bexar County, the warrant is properly endorsed, according to Chapter 15, Article 15.07, of the Texas Code of Criminal Procedure.

B. Officers do not execute arrest warrants outside the corporate limits of the City of San Antonio, unless:
1. The officer is in “hot pursuit” of the person to be arrested, in which case he proceeds according to GM
Procedure 609, Emergency Vehicle Operation, or
2. The officer is acting in conjunction with an officer of the jurisdiction where the warrant is to be executed.

.05 OUT OF STATE WARRANTS

A. Officers may execute a felony arrest warrant issued by a court outside the State of Texas, providing the provisions of Section .04 of this procedure are followed.

B. Officers do not execute out of state misdemeanor arrest warrants.

.06 VERIFICATION OF WARRANT INFORMATION

A. Class B Misdemeanor through Felony Arrest Warrants

  1. Even though a computer check reveals an outstanding class B misdemeanor through felony arrest warrant for a person and justifies the detention of the person, officers must obtain certain information to verify the warrant is active.
    The following information is required prior to booking persons arrested for a class B misdemeanor through felony arrest warrant:
    a. The name, date of birth, and other identifiers of the person named in the warrant;
    b. The warrant number;
    c. The offense charged;
    d. The name of the court issuing the warrant; and
    e. The fingerprint classification of the person named in the warrant, if the warrant is issued by a court outside of Bexar County.
2.  Should there be probable cause to believe there is an outstanding class B misdemeanor through felony parole violation warrant, remand without bond warrant, or a bond increase, and there are no additional charges, the person detained for verification of the warrant is taken to the Bexar County Jail and held until the warrant is confirmed active, an abstract of the warrant is obtained, and the person is identified as the same person named in the warrant. 
If the warrant is verified the arrestee is released into the custody of the Bexar County Jail.
3.  Should there be probable cause to believe there is an outstanding class B misdemeanor through felony parole violation warrant, remand without bond warrant, or a bond increase, and there are new additional charges, or the warrant is a post indictment warrant, the person detained for verification of the warrant is taken to the Bexar County Identification Section at the Magistrates Office and held until the warrant is confirmed active, an abstract of the warrant is obtained, and the person is identified as the same person named in the warrant. 
If the warrant is verified, the arrestee is released into the custody of the Magistrates Office.
  1. Should a person who has been detained and transported to the Bexar County Jail or City Magistrates office for verification of a class B misdemeanor through felony arrest warrant be found not wanted on any charge, he is then transported:

a. To the scene of initial contact; or
b. If more practical, to another location of his choosing with approval of the officer’s supervisor.

B.   Class C Misdemeanor Arrest Warrants
1.   Even though a computer check reveals an outstanding class C misdemeanor arrest warrant for a person and justifies the detention of the person, officers must obtain certain information to verify the warrant is active. 
The following information is required prior to booking persons arrested for a class C misdemeanor arrest warrant.

a. The officer can verify the warrant is active by sending a message in Visinet Mobile to “MWAR.”

The message must contain:

  1.   The name, date of birth, and other identifiers of the person named in the warrant, and 2. The warrant number (traffic citation number or misdemeanor citation number).

If officers do not receive a response within 5 to 10 minutes, the officer or the Communication Unit may call 207-7718 to verify the warrant.

2.   Should there be probable cause to believe there is an outstanding class C misdemeanor arrest warrant; the person detained for verification of the warrant is held at the place of contact until the warrant is confirmed active either by MDT message from the issuing agency or verbally by the Communications Unit dispatcher. 
If the class C misdemeanor arrest warrant is confirmed, the person is then returned to the City of San Antonio Detention Center.

a. If the person who has been detained for verification of a class C misdemeanor arrest warrant is found not to be wanted on any charge, he is released.
b. After thirty (30) minutes, if verification of the arrest warrant has not been confirmed, the person is released at the place of contact, unless extenuating circumstances exist to detain the person longer.

c. If the person who has been detained shows to have active JP warrants only, the officer will contact the respective Justice of the Peace’s office for notification, between the hours of 0800 – 1700.
The office notified will determine if a Constable will be dispatched.
There is no expectation that SAPD officers will transport persons active solely on Justice of the Peace Warrants.
JP 1 (210) 335-2805; JP 2 (210) 335-4850
JP 3 (210) 335-4750; JP 4 (210) 335-4950

481
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 503 –
Obtaining and Executing Arrest Warrants

.07 PLANNED EXECUTIONS “effective services” OF ARREST WARRANTS

A. This section governs the “service” of arrest warrants when it is believed a person named in an arrest warrant is within the jurisdiction of the San Antonio Police Department and the “service” of the arrest warrant is planned in advance.

B. The arrest warrant may be “effectively served” at any time of the day or night. It may be “effectively served” at any place, public or private, where the individual named is reasonably believed to be located.
Officers need not ”serve” the warrant at the first possible opportunity, but may choose the time and place.
Factors to be considered in determining the time and place include:
1. If the location is a third party residence, absent a “LIFE THREATENING INCIDENT” or consent, a search warrant is obtained and possessed before entering the premise. (They can go ahead and DESTROY EVIDENCE —especially if they are leftist socialist of the Democratic Party)

If consent to enter the premises to search for the wanted person is granted, officers will complete and have the consenting person sign:
SAPD Form #2091-C, Consent for Search of Private Premises;

  1. Knowledge of the individual’s whereabouts and likely movements; and
  2. Consideration of safety and security of the arrestee, the officers, and third persons.

C. Prior to “serving” any Class B Misdemeanor through felony warrants:
1. Officers will check the Arrest Warrant Database on (SAMWEB http://samweb/warrantForm.asp) prior to “service” of the warrant for updated notes on the suspect.
2. Officers will utilize Form GR.1000-04 Tactical Operations Plan (TOP) for:
Class B Misdemeanor through Felony Arrest Warrants or any crimes of violence.
3. Form GR.1000-04 Tactical Operations Plan (TOP) will assist in determining whether the warrant should be ”served” by the officer or if a specialized unit or units should be called.

  1. The Warrant Execution Supervisor, the Verification Officer and the Officer-in-Charge SHALL ensure that the proper location is identified where the Warrant is to be “SERVED” by driving by the location TOGETHER, or by other means physically viewing the location together where all THREE view the location prior to “SERVING” the warrant

D. After “serving” any warrants:
Class B Misdemeanor —> Felony Arrest Warrants:
1. Officers will UPDATE the Arrest Warrant Database on:
(SAMWEB http://samweb/warrantForm.asp)
adding any pertinent information available.

E. **FIELD HIGH-RISK ARREST WARRANT SERVICE: The department is required to routinely serve high-risk arrest warrants at least the request of internal follow-up units and external police agencies. The Covert Section Investigative Teams are often requested to perform surveillance and develop operational plans for apprehension in these circumstances. The personnel in the Repeat Offenders Unit, Rapid Response Teams, Narcotics, and Texas Anti-Gang Detail receive additional training related to the field service of high-risk warrants.
The Warrant Execution Supervisor determines whether field service is the safest operation for officers, the public, and the person sought. The Warrant Execution Supervisor supervises all personnel involved in the field service of high-risk arrest warrants.
All personnel involved in the field service of high-risk arrest warrants SHALL wear body armor which displays “POLICE” across the front and back AND SHALL wear their issued Body Worn Camera.
**When time and situation permit, uniformed officers SHALL be included in the field service of high-risk arrest warrants. **
These actions are limited to field service operations and SHALL not include FORCED ENTRY into a RESIDENCE or a BUSINESS where the inclusion of Special Operations Unit personnel is required.

F. When planning to SERVE a high risk arrest warrant, a single officer
(other than the officer in charge) will be assigned by the warrant execution supervisor as the Verification Officer.

  1. The Verification Officer is responsible for positively identifying the correct location where the warrant will be SERVED and for directing the entry team to the correct location.
    The Verification Officer will confirm the address or warrant location description named in the warrant and warrant affidavit is the same as the address or location description where the warrant will be SERVED.
  2. The name of the Verification Officer will be listed on Form GR.1000-04 Tactical Operations Plan (TOP)
  3. The Verification Officer will accompany the WARRANT SERVICE TEAM or an officer assigned to the WARRANT SERVICE TEAM to positively identify and point out the correct location described in the arrest warrant.
    It is not necessary for the Verification Officer to accompany the WARRANT SERVICE TEAM into the warrant location when the SERVICE is made.
  4. The Verification Officer will work with the Officer-in-Charge to review the information on the search warrant and ensure that the location to be searched is accurate by independently verifying the steps taken by the Officer-in-Charge to identify the location.

G. “NO KNOCK WARRANTS” prohibited!!!!
Members of the San Antonio Police Department are prohibited from OBTAINING a “no knock” arrest warrant or PARTICIPATING with other law enforcement agencies in the attempt to serve a “no knock” arrest warrant. (Another LEFTIST policy from emotions and feelings without regard to safety and success)

.08 PLANNED EFFECTIVE SERVICE

A. In planning AN EFFECTIVE SERVICE , the warrant execution supervisor reviews Form GR.1000-04 Tactical Operations Plan (TOP)
This form is designed to determine the degree of probability of death or serious bodily injury.

B. When the warrant execution supervisor determines a high probability of death or serious bodily injury exists, the supervisor, or his designee SHALL contact a Special Weapons and Tactics Unit supervisor to determine the necessity for inclusion of Special Weapons and Tactics Unit members in the execution of the warrant.

C. In all planned ARREST WARRANT SERVICE, the warrant execution supervisor ensures enough officers are present to adequately protect the safety and security of all persons involved.
1. This includes the presence of uniform officers to identify the group as police officers.

A

.09 PLANNED “EFFECTIVE cunt SERVICE” RESPONSIBILITIES

A. Warrant Execution Supervisor:

  1. Assigns a “Verification Officer” when applicable in accordance with this procedure;
  2. Reviews and approves all arrest warrants and Form GR.1000-04 Tactical Operations Plan (TOP) prior to execution of the arrest warrant.
  3. Ensures location has been properly identified, adequate manpower and equipment are available, and all provisions of this procedure are being followed for the proper and safe execution of the warrant;
  4. Ensures adequate steps are taken to provide for the safety and security of the officers involved, items being sought, and any persons who may be at the scene of the execution of the warrant;
  5. Ensure uniformed officer(s) are present at the location named in the arrest warrant;
  6. SHALL accompany officers in the “service” of the warrant; and
  7. Ensures the dispatcher is notified before and after the execution of the warrant.

B. Officer in charge:

  1. Conducts warrant research in accordance with Form GR.1000-04 Tactical Operations Plan (TOP)
  2. Physically views the location to be searched in order that a precise address and description can be obtained, or ensures the warrant verification officer involved with the warrant physically views the location;
  3. Completes Form GR.1000-04 Tactical Operations Plan (TOP) and submits it and all documentation to the warrant execution supervisor for evaluation prior to “service” of the arrest warrant;
  4. The Warrant Execution Supervisor, the Verification Officer and the Officer-in-Charge SHALL ensure that the proper location is identified where the Warrant is to be “SERVED” by driving by the location TOGETHER, or by other means physically viewing the location together where all THREE view the location prior to “SERVING” the warrant
  5. Assigns officers to the “Warrant Service Team,” “Security Team,” and “Search Team”;
  6. Ensures all officers involved are aware of their assigned duties and responsibilities;
  7. In cases where information from a confidential informant is used to identify a location where an arrest or search warrant is to be served, the Officer in Charge SHALL take articulable steps (such as what you fuck) to attempt to verify the information provided. The Officer in Charge SHALL articulate (such monstrous un-educated words we use in a leftist policy that simply mean “state” *someone wants to sound smart, be we know a stupid leftist cunt wrote this) steps taken to verify the information received from the confidential informant with the Warrant Execution Supervisor (are you sure you don’t want to change that name to sound more LEFTIST?).
    The STEPS taken to verify the information MUST at least include:
    1) COMPUTER RESEARCH; and
    2) Surveillance
  8. If the warrant execution supervisor will not be present when the arrest warrant is served, he notifies that Supervisor before and after serving the warrant; and
  9. The duties of the Officer-in-Charge do not supersede those of the Warrant Execution Supervisor, when that Supervisor is present.

C. Verification Officer:

  1. When planning to “serve” an arrest warrant, a single officer (other than the Officer-in-Charge) will be assigned by the Warrant Execution Supervisor as the Verification Officer.
  2. The Verification Officer is responsible for positively identifying the correct location where the warrant will be executed and for directing the entry team to the correct location.
    The Verification Officer’s duty is to insure the location is properly named and described in the Search Warrant and to insure (its “ensure”, the cunt that wrote this is using the wrong word) the warrant is served at the named location.
Ensure = make certain 
Insure = to guarantee against loss or harm
  1. The name of the Verification Officer will be listed on Form GR.1000-04 Tactical Operations Plan (TOP)
    Additionally the Verification Officer will document the steps taken and information used to accomplish Warrant Verification on the form.
  2. The Verification Officer will accompany the Warrant Service team or an officer assigned to the Warrant Service team to positively identify and point out the correct location described in the arrest warrant.
  3. The verification officer will work with the officer in charge to review the information on the arrest or search warrant and ENSURE that the location to be searched is accurate by INDEPENDENTLY verifying the steps taken by the officer in charge to identify the location.

I WANT TO PUNCH THE CUNT THAT WROTE THIS IN THE FACE. ITS WORSE THAN PROCEDURE 501

482
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 503 –
Obtaining and Executing Arrest Warrants

.10 DECONFLICTION

A. The South Texas HIDTA Investigative Support Center (managed by SAPD) has been designated as the hub for deconfliction services by the South Texas HIDTA Executive Board.
As such, it is the single point of contact for the entire South Texas Region.
They can be contacted by phone at 207-2495.

B. Prior to executing a planned effective service of an arrest warrant, the Officer-in-Charge or Warrant Execution Supervisor must notify the Deconfliction Unit.
If a location of interest is listed with the Deconfliction Unit, the Officer-in-Charge or Warrant Execution Supervisor shall contact the officer who placed the location into deconfliction for resolution.
Any conflicts not resolved shall be elevated to the Supervisor in charge of the Unit who placed the location into deconfliction and the Warrant Execution Supervisor for resolution.

A

.11 CRIME VICTIM NOTIFICATION PROGRAM

A. Officers arresting by warrant any person wanted for offenses listed below shall route a copy of the incident report to the applicable follow-up investigative unit:

  1. Any crime resulting in death or serious bodily injury;
  2. Any crime where death, serious bodily injury or retaliation in the future is threatened;
  3. Domestic Violence;
  4. Sexual Assault; and
  5. Stalking.

B. For complete information on the VINE program, refer to GM Procedure 616, Crime Victim Notification Program.

.12 TRAINING

A. When planning the effective service of “high risk” arrest warrant , prior to assignment as warrant service team, security team or arrest team member, the Officer, Detective and Supervisor will be provided training for the specific duties assigned while executing the arrest warrant.
The training will be documented and will include, at a minimum, the following courses of instruction:

  1. Intelligence gathering;
  2. Building entries;
  3. Room clearing;
  4. Weapons handling;
  5. Shield handling techniques; and
  6. Evidence handling procedures.

B. At a minimum, training shall be conducted on a quarterly basis to maintain proficiency in the above listed skills.

C. The Unit Director will be responsible for maintaining a record of all training.

483
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 504 – Execution of Search Warrants

.01 INTRODUCTION

A. The purpose of this procedure is to establish departmental guidelines under which officers of the San Antonio Police Department follow in the delivery and execution of search warrants.

B. The duties to search, definitions, requisites, issuance, scope, authority, and execution of search warrants are outlined in Chapter 18 of the Texas Code of Criminal Procedure.

C. An officer to whom a valid search warrant has been issued executes that warrant in the manner provided by law, by guidelines established in this procedure, and by adhering to each respective unit’s standard operating procedures (SOP).

D. For clarification purposes, the Warrant Execution Supervisor, the Officer-in-Charge, and the Verification Officer refer to the member completing the outlined tasks in this procedure, regardless of rank.

.02 GENERAL PROCEDURES

A. Any search warrant that appears to be in proper form is presumed to be valid.
Any warrant which does not appear to be in proper form is not executed and is returned to the magistrate who issued it.
This includes any warrant containing significant errors in identifying the place to be searched or the property to be seized.

B. A warrant is never altered in any manner.

C. An officer never represents to any person that a search warrant has been issued in a particular case, knowing such is not true, in order to obtain consent to search.

D. During normal duty hours, the Officer-in-Charge or Warrant Execution Supervisor assigned to units that do not routinely execute search warrants (i.e., Patrol and Traffic) must notify the Investigations Division Unit which has investigative responsibility for the offense listed in the search warrant, so any active investigations are not compromised.

E. When executing search warrants after normal business hours, the Officer-in-Charge or Warrant Execution Supervisor assigned to units that do not routinely execute search warrants (i.e., Patrol and Traffic) must contact a Supervisor from the Street Crimes Unit, Repeat Offenders Program, Narcotics Unit, or Night Detectives for guidance and assistance.

F. The Officer-in-Charge or Warrant Execution Supervisor must notify the Deconfliction Unit (207-2495) prior to execution of the search warrant. If a location of interest is listed with the Deconfliction Unit, the Officer-in-Charge or Warrant Execution Supervisor shall contact the officer who placed the location into deconfliction for resolution.
Any conflicts not resolved shall be elevated to the Supervisor in charge of the unit who placed the location into deconfliction and the Warrant Execution Supervisor for resolution.

G. When planning to execute a high risk search warrant, each member involved in the execution of a search warrant wears body armor.

H. Prior to the execution of any search warrant:

  1. Officers will check the Arrest Warrant Database on
    ( SAMWEB, http://samweb/warrantForm.asp ) prior to execution of the warrant for updated notes on the suspect.
  2. Officers will utilize Form GR.1000-04 Tactical Operations Plan (TOP), for Felony Search Warrants or any crimes of violence.
  3. Form GR.1000-04 Tactical Operations Plan (TOP) will determine whether the warrant should be executed by the officer or if a specialized unit or units should be called.
  4. The Warrant Execution Supervisor, the Verification Officer and the Officer-in-Charge shall ensure that the proper location is identified where the warrant is to be served by driving by the location together, or by other means physically viewing the location together where all three view the location prior to serving the warrant.

I. After executing any warrants:

  1. Officers will UPDATE the Arrest Warrant Database on SAMWEB http://samweb/warrantForm.asp adding any pertinent information available.
A

.03 DECONFLICTION
A. The South Texas HIDTA Investigative Support Center (managed by SAPD) has been designated as the hub for de- confliction services by the South Texas HIDTA Executive Board. As such, it is the single point of contact for the entire South Texas Region.
B. Plainclothes officers will deconflict through HIDTA on Arrest and Search Warrants.
1. Prior to executing a planned felony arrest or search warrant, the Officer-In-Charge will contact the South Texas HIDTA Investigative Support Center at 207-2495 and provide all necessary information for the de-confliction process to take place.
a. Information to be provided will include:
(1) a physical address,
(2) block number or intersection.
b. Information on the suspect named in the arrest warrant will include:
(1) first and last name,
(2) DOB,
(3) race/sex,
(4) and when available, secondary identifiers such as a social security number, driver’s license number, FBI number, etc.
2. This information shall be provided as soon as available, practical, and possible, with as much forewarning as possible.
3. A minimum two (2) hour advanced notice to the Deconfliction Center is required for optimum conflict resolution.

484
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 504 – Execution of Search Warrants

.05 TIME OF SEARCH

A. A search warrant is executed in accordance with Code of Criminal Procedure Article 18.07.
This article defines the time allowed for the execution of a search warrant , exclusive of the day of its issuance and the day of its execution, is:
1. Fifteen (15) whole days if the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples; or
2. Three (3) whole days if the warrant is issued for a purpose other than described by Subdivision (1).

B. Within the above period allowed for execution, the time of the actual execution is determined based on the following considerations:

  1. The execution should occur when the property to be seized is believed to be present;
  2. The execution should occur when the least resistance is expected, or when resistance can best be controlled;
  3. Other such considerations of safety, success, and convenience as may be applicable; and
  4. There are no time limits on the continuous search of a location once actual entry has been made.

.06 SCOPE OF SEARCH
A. A search warrant is executed at, and the search made of, only the place or places described in the warrant.
1. The search may extend to all buildings or structures within the curtilage of the described place where the items sought may be kept.
2. A warrant describing the place to be searched as a limited portion of larger premises may not be extended to other, unnamed portions.
3. Vehicles located upon multi-unit dwelling premises (i.e., apartment complexes) are not searched unless specifically named in the warrant.

B. The search is limited to discovering those items named in the warrant, and examining those places or things, which could contain or conceal the items described in the warrant.

C. Items discovered during a lawful search, but not named in the search warrant may be seized if:

  1. They were found in a place reasonably within the scope of the search; and
  2. There is probable cause to believe they are stolen, or are evidence or instruments of a crime.

D. Persons named in the search warrant are searched and any person(s) the officer(s) develop reasonable suspicion to believe is armed are frisked.
The officer(s) may search persons found on the premises to prevent the disposal or concealment of any instruments, articles, or things particularly described in the warrant, if there is probable cause the person(s) may have such items upon his person.
In determining whether probable cause exists officer(s) consider:
1. The nature and physical characteristics of the item sought;
2. The ease with which the item may be disposed of, if so concealed;
3. The fact, if true, the item has not been located upon the premises; and
4. The relationship of the person to the premises, including ownership, residence, frequenter, and to those in control of the premises.

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.07 RESPONSIBILITIES

A. Warrant Execution Supervisors:

  1. Assigns a “Verification Officer” when applicable in accordance with this procedure;
  2. Reviews and approves all search warrants, and Form GR.1000-04 Tactical Operations Plan, prior to execution of the search warrant;
  3. Ensures location has been properly identified, adequate manpower and equipment are available, and all provisions of this procedure are being followed for the proper and safe execution of the warrant;
  4. Ensures adequate steps are taken to provide for the safety and security of the officers involved, items being sought, and any persons who may be at the scene of the execution of the warrant;
  5. Ensures uniformed officer(s) are present at the location named in the search warrant;
  6. Shall accompany officers in the execution of the warrant; and
  7. Ensures the dispatcher is notified before and after the execution of the warrant.

B. Officer-in-Charge:
1. Conducts warrant research in accordance with Form GR.1000-04 TOP;
2. Physically views the location to be searched in order that a precise address and description can be obtained, or ensures the warrant verification officer involved with the warrant physically views the location;
3. Completes Form GR.1000-04 TOP and submits it and all documentation to the Warrant Execution Supervisor for evaluation prior to execution of the search warrant;
4. Assigns officers to the “Entry Team,” “Security Team,” and “Search Team”;
5. Ensures all officers involved are aware of their assigned duties and responsibilities;
6. Ensures the warrant is carried to the scene and is exhibited to the person, if any, in charge of the premises;
7. In cases where information from a confidential informant is used to identify a location where a search warrant is to be executed, the Officer-in-Charge shall take articulable steps to attempt to verify the information provided.
The Officer-in-Charge shall articulate steps taken to verify the information received from the confidential informant with the Warrant Execution Supervisor.
The Steps taken to verify the information must at least include:

(1) Computer Research; and
(2) Surveillance

  1. The duties of the Officer-in-Charge do not supersede those of the Warrant Execution Supervisor, when that Supervisor is present.

C. Verification Officer

  1. When planning to effectively serve a search warrant, a single officer (other than the Officer-in-Charge) will be assigned by the Warrant Execution Supervisor as the Verification Officer.
  2. The Verification Officer is responsible for positively identifying the correct location where the warrant will be served and for directing the entry team to the correct location.
    The Verification Officer’s duty is to insure the location is properly named and described in the Search Warrant and to insure the warrant is served at the named location.
  3. Verification may be accomplished through any combination of the following:
    a. Information the member personally obtains from the Confidential Informant (CI);
    b. Personal observations and investigative lead;
    c. Computer research including SAPD files, HIDTA Intel., CPS, Bexar Appraisal District, photos of location; d. Close covert surveillance; door fliers, posing as delivery or service employee;
    e. Particular caution should be used when verifying locations that are in multiple dwelling structures.
  4. The name of the Verification Officer will be listed on the Form GR.1000-04 TOP.
    Additionally, the verification officer will document the steps taken and information used to accomplish warrant verification on the form.
  5. The Verification Officer will accompany the entry team, or an officer assigned to the entry team to positively identify and point out the correct location described in the search warrant.
    It is not necessary for the Verification Officer to accompany the entry team into the warrant location when the entry is made.
  6. The Verification Officer will work with the Officer-in-Charge to review the information on the search warrant and ensure that the location to be searched is accurate by independently verifying the steps taken by the Officer-in- Charge to identify the location.
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GENERAL MANUAL
Procedure 504 – Execution of Search Warrants

.08 PLANNED ENTRY (There is NO “FORCED ENTRY”)

A. In planning an entry, the supervisor of the unit executing the warrant reviews Form GR.1000-04 TOP.
This form is designed to determine the degree of probability of death or serious bodily injury.

B. When the Warrant Execution Supervisor determines a high probability of death or serious bodily injury exists, the Supervisor or his designee shall contact a Special Weapons and Tactics Unit Supervisor to determine the necessity for inclusion of Special Weapons and Tactics Unit members in the execution of the warrant.

C. In all planned entries, the Warrant Execution Supervisor ensures enough officers are present to adequately protect the safety and security of all persons involved.

  1. This includes the presence of uniform officers to identify the group as police officers.
  2. Uniformed officers enter the premises with non-uniformed officers.

.09 SEARCH PROCEDURE
A. Persons other than peace officers, police legal advisors, and members of the District Attorney’s Office are NOT allowed to accompany officers in the execution of a search warrant, unless approved in advance through the Office of the Chief of Police.

B. Entry into the premises is accomplished by the least forceful means possible under the circumstances.

  1. Members of the San Antonio Police Department are prohibited from applying for or participating in the service of “no knock” search warrant entries.

When entering private premises, officers SHALL knock, announce their identity, and demand admittance.
They then wait a reasonable amount of time to be admitted and explain their purpose if so requested.

a. When circumstances exist that create a reasonable suspicion the requirement to knock and announce would jeopardize the safety and security of the officers or nearby citizens, the Warrant Execution Supervisor SHALL be notified and the service of the search warrant SHALL be delayed until such time officers can safely perform the requirement to knock and announce their identity.
b. If officers are NOT granted admittance in a reasonable amount of time after knocking and announcing their purpose, officers enter the premises by the most efficient means possible causing as little damage as possible to the premises.

C. Whenever possible, upon entering a building or other premise, uniformed officers are on site and in plain view to assist in locating and controlling the movements of all persons.

  1. An officer explains fully the reason for the officers’ presence, the nature of the items sought, and displays the warrant.
  2. As soon as the building has been secured, any officers who are no longer needed leave the area.

D. When the premises have been secured, a searching team conducts the search. The searching team is composed of as few officers as is practical and may include members of the security team.

  1. Damage to the premises is minimized. Any structural damage or modification is carefully considered before action is taken.
  2. The search is confined to places where the items sought could be concealed.
  3. Two (2) officers should be assigned to search a single room or area, if possible.
  4. A record is kept during the course of the search as to which areas have been examined, by whom, the nature of any item seized, and where it was found.
  5. All items seized are turned over to the evidence officer, along with the record of the search. That officer makes a property receipt for all items seized for the person from whose possession or control they were taken and completes the return of the warrant by attaching an inventory of the items seized and delivering it to the magistrate.
    The inventory list may be used in lieu of the property receipt.
  6. All items seized are handled in accordance with GM Procedure 606.
  7. The officer in charge submits a written report following the execution of the warrant regardless of whether or not the search proved fruitful. The original is routed to the Records Section and a copy is routed to the unit commander.

This report includes:

a. Damage to premise in gaining entry, if any;
b. Use of force in overcoming resistance, if any;
c. Articles seized (including, those not described in the warrant);
d. How the damaged premise was secured upon departure; and
e. A list of all officers executing the search warrant.

E. Before leaving the scene after executing a search warrant, a designated officer ensures the premises are adequately secure as well as possible, either by leaving them in the hands of a responsible person or by locking all doors, windows, etc.

F. A second search is not permitted under the same warrant once officers have left the premises.

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.10 ARRESTS DURING SEARCH

A. In cases of combined warrants commanding both arrest and search or where officers suspect there may be arrest warrants outstanding, they may require persons on the premises to identify themselves in order to determine whether any of those persons are named in the arrest warrant.
Persons on the premises may be required to identify themselves if they are witnesses to the search or arrest.

B. Should any contraband or other item be found during the search, the presence of which yields probable cause to believe an offense has been committed, the officers may arrest any or all of those persons on the premises for whom probable cause to arrest exists.

C. Should any person resist or interfere with the lawful actions of the officers during the execution of the search warrant, that person may be arrested and charged with the offense committed.

D. There is no requirement in the law that persons on the premises at the time of the search identify themselves unless there is reasonable suspicion of some involvement in criminal activity or the person is a witness.

E. Arrests are made in accordance with GM Procedure 601, Prisoners.

.11 TRAINING

A.  When executing a planned “high risk” forced entry, prior to assignment as an entry team, security team or search team member, the officer, detective and supervisor will be provided training for the specific duties assigned while executing the search warrant. 
The training will be documented and will include, at a minimum, the following courses of instruction:
1.   Intelligence gathering;
2.   Building entries;
3.   Room clearing;
4.   Weapons handling;
5.   Shield handling techniques; and
6.   Evidence handling procedures.

B. At a minimum, training shall be conducted on a quarterly basis to maintain proficiency in the above listed skills.

C. The Unit Director will be responsible for maintaining a record of all training.

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San Antonio Police Department
GENERAL MANUAL
Procedure 509 – Legal Asset Seizure

.01 INTRODUCTION
The purpose of this procedure is to establish guidelines for the seizure of property according to law.
This procedure guides officers through the steps necessary for the legal seizure of property, from the criteria for seizures to the act of seizing property, custody of seized property, and the disposition of seized property.

.02 LEGAL AUTHORITY

A. The authority for the legal seizure of assets is contained in the following:

  1. Texas Code of Criminal Procedure:
    a. Chapter 18, Section 18;
    b. Chapter 18, Section 19;
    c. Chapter 47; and
    d. Chapter 59;
  2. Texas Motor Vehicle Laws, Article 6687-1, Section 49; and 3. Various titles of the United States Code.
    B. Any peace officer is authorized to enforce the provisions of the Legal Asset Seizure Laws.
    .03 SEIZURE AND CLASSIFICATION OF PROPERTY INVESTIGATED BY THE LEGAL ASSET SEIZURE DETAIL SEIZED UNDER THE AUTHORITY OF THE CODE OF CRIMINAL PROCEDURE CHAPTER 59
    A. For purposes of this procedure, property is classified as:
  3. Real property;
  4. Tangible or intangible personal property, including anything severed from land; or
  5. A document, including money that represents or embodies anything of value.
    B. Property is seized where:
  6. The property is real property, and any improvements, which is used or intended to be used to commit or facilitate the commission of an offense designated by Chapter 59 of the Texas Code of Criminal Procedure;
  7. The property is a vehicle, boat, or plane used to facilitate the commission of applicable offenses;
  8. The property consists of books, financial records, bank statements, payment records, instructions, and research materials used in violation of any of the applicable offenses; or 4. The property is personal property, weapons, documents, or money which the officer has determined to be the proceeds of a sale, transaction or trade, property or criminal instrument which is used in any way to commit any of the following applicable offenses listed in Subsection .03 C of this procedure.
    C. Chapter 59 of the Texas Code of Criminal Procedure authorizes the state to seize, based on probable cause, property that is, among other things:
  9. Used in the commission of:
    a. Any first or second degree felony under the Texas Penal Code;
    b. Any felony under Texas Penal Code Section 15.031(b), 21.11, 38.04 (Evading Arrest), 43.25, or 43.26 or Chapter 29 (Robbery), 30 (Burglary/Criminal Trespass), 31 (Theft), 32 (Fraud), 33 (Computer Crimes), 33A (Telecommunications Crimes), or 35 (Insurance Fraud), of the Texas Penal Code; or
    c. Any felony under The Securities Act (Article 581-1 et seq., Vernon’s Texas Civil Statutes).
  10. Used or intended to be used in the commission of:
    a. Any felony under Chapter 481, Health and Safety Code (Texas Controlled Substances Act);
    b. Any felony under Chapter 483, Health and Safety Code;
    c. A felony under Chapter 153, Finance Code;
    d. Any felony under Chapter 34, Penal Code (Money Laundering);
    e. A Class A misdemeanor under Subchapter B, Chapter 365, Health and Safety Code (Littering), if the defendant has been previously convicted twice of an offense under that subchapter; or
    f. Any felony under Chapter 152, Finance Code.
  11. The
    crime of violence; or
    proceeds gained from the commission of a felony listed in Subsection .03 C 1 and 2 of this Procedure or a
  12. Acquired with proceeds gained from the commission of a felony listed in Subsection .03 C 1 and 2 of this Procedure or a crime of violence.
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.04 CRITERIAFORLEGALASSETSEIZURE
A. Officers observing or detecting the presence of items specified in Section .03 of this procedure seize the property
according to law. Seizures of personal property occur in any place that the officer has a right to be.
B. Seizure of any property subject to forfeiture may occur under the authority of a search warrant issued pursuant to Chapter 18.02 (12) of the Texas Code of Criminal Procedure.
C. Seizure of any property subject to forfeiture may be made without a warrant if:
1. The person in charge of the property consents;
2. The seizure is incident to a search to which the person in charge of the property consents; or
3. The seizure is incident to a lawful arrest or search.
D. Officers request supervisory assistance in all cases of legal asset seizure.

E. The Legal Asset Seizure Detail is notified through the Communication unit before officers leave the scene in all potential seizure cases with the exception of vehicles being impounded as criminal instruments, and cash money which is placed in the Property Room as designated by GM Procedure 606, Impounding Property.
.05 ACTOFLEGALASSETSEIZURE
A. Officers document probable cause for determining the status of property before the actual seizure of property.
B. Officers issue receipts to the person(s) previously in control of the property for any property seized under this procedure.
C. Seized property is protected and safeguarded by the seizing officer while under the officer’s control.
D. Seized property, to include vehicles, is impounded as evidence, and transported to a facility for storage as designated
by GM Procedures 606, Impounding Property or 607, Impounding Vehicles.
1. Officers place a hold on the towing service record (invoice) for Legal Asset Seizure Detail in the case of vehicle
seizures.
2. After evaluation of a case involving a vehicle, the Legal Asset Seizure Detail:
a. Prepares SAPD Form #110 - VH, Vehicle Detainer For Physical Evidence, for long-term impoundment pending litigation and coordinates with Vehicle Storage Unit personnel for the transfer of the vehicle from their control area to a separate designated area for this purpose: or
b. Releases the hold on the vehicle.
3. After evaluation of a case involving property other than vehicles, the Legal Asset Seizure Detail:
a. Transfers the property seized to a designated storage facility assigned to the Detail;
b. Weapons are stored in the Property Room with a hold placed for the proper follow up unit; or
c. Removes the hold for seizure from the property.
E. Officers direct copies of all reports pertaining to an asset seizure made under Chapter 59 of the Code of Criminal Procedure to the Legal Asset Seizure Detail in order that immediate steps may be taken to secure the property from being reclaimed by the owner.
F. Officers attempt to determine ownership of property at the time of seizure and include this information in reports submitted.
G. The ignition and trunk keys to seized vehicles are also seized and placed into the Property Room as evidence. All personal property must be removed from vehicles by the seizing officer as designated by GM Procedure 607, Impounding Vehicles.
.06 CUSTODY OF SEIZED PROPERTY
A. The Legal Asset Seizure Detail Supervisor maintains possession of all seized money and other personal property
while subject to the courts’ jurisdiction.
1. Seized personal property, including money, is placed in the Property Room as evidence with a hold for the Legal Asset Seizure Detail; and
2. Seized personal property, including money, remains in the San Antonio Police Department Property Room until it is released to the Legal Asset Seizure Detail pending litigation or is released by the Legal Asset Seizure Detail.
3. Property seized and released to the Legal Asset Seizure Detail pending litigation is stored and maintained in a designated and secured storage area for that purpose (except money).
4. Seized money, pending litigation and release to the Legal Asset Seizure Detail, is deposited into an interest bearing account designated for that purpose by the Bexar County District Attorney’s Office.
B. A separate designated storage area for seized vehicles is utilized until disposition is determined by the court. Vehicles are maintained as evidence apart from other impounded vehicles, and not released without the authorization of the Legal Asset Seizure Detail; and
1. Court orders commanding the release or other disposition of seized motor vehicles are first routed through the Legal Asset Seizure Detail.
2. The Legal Asset Seizure Detail notifies Vehicle Storage Unit personnel of any legitimate court orders or case status change involving the release of vehicles in order that these particular vehicles are returned to the control of the Vehicle Storage Unit personnel for release purposes.
C. Real property seized through the efforts of members of the Police Department remains in the custody of the Legal Asset Seizure Detail while subject to the courts’ jurisdiction.
D. Members of the Legal Asset Seizure Detail prepare the necessary seizure affidavits in order to secure judgment and forfeiture of seized property under Chapter 59 of the Texas Code of Criminal Procedure.
E. Officers ensure that the completed and signed affidavit is notarized and returned to the Legal Asset Seizure Detail without delay.
.07 DISPOSITION OF FORFEITED PROPERTY
A. A judicial ruling on the disposition of seized assets determines whether or not an actual forfeiture of the property takes
place.
B. Should the title to personal or real property be granted to the Department as the result of adjudication, the Legal Asset Seizure Detail is given notification in order that the disposition of property is properly coordinated.
C. The Legal Asset Seizure Detail prepares enabling documentation to allow the City of San Antonio to obtain titles to vehicles distributed under this procedure.
D. The Chief of Police determines whether property awarded under this procedure is:
1. Sold at public auction;
2. Converted for use by the Department for a law enforcement purpose; or
3. Destroyed.
E. In the case of property disposed of at public auction, the property is sold in a manner consistent with existing administrative policies of the Finance Department and the Purchasing and General Services Department of the City of San Antonio.
F. The law enforcement use of property awarded under this procedure is designated by the Chief of Police.
G. Property previously seized and forfeited to the City of San Antonio, which is no longer serviceable and considered surplus by the Department, is disposed of according to administrative policy of the Finance Department and the Purchasing and General Services Department of the City of San Antonio and within the guidelines for disposition of forfeited property as outlined in Chapter 59 of the Texas Code of Criminal Procedure.

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GENERAL MANUAL
Procedure 310 – Uniforms and Dress Codes

.01 INTRODUCTION
A. This procedure provides officers with the specifications necessary to purchase uniforms and the various accessories that each officer is required to possess and maintain.
B. This procedure also establishes Departmental regulations for officers regarding the wearing of police uniforms and accessories, the proper clothing for officers in non-uniform assignments and civilian members, and the personal grooming of all officers.
C. Command and Honor Guard uniform specifications are determined by the Chief of Police.
D. Tactical Support Division uniform specifications are recommended by the Section Commander, through the Division Commander, and submitted to the Labor Relations Committee and the Chief of Police for approval.
E. Deviation from any regulation in this procedure is allowed only by permission of a member’s Division Commander when necessitated by a specialized or undercover duty assignment.

.03 GENERAL UNIFORM REGULATIONS
Formal Uniform Articles of Faith
A. All uniform and accessory items must conform to the uniform specifications listed in the appendix of this procedure.
B. Officers shall not wear a uniform or any part of a uniform while off-duty for any activity not authorized by the Chief of Police.
C. An incomplete uniform is not worn at any time, nor will any item of a uniform be worn at any time except as a part of a complete uniform.
D. All officers will possess and maintain in good order at least one (1) complete regulation uniform.
E. Uniformed officers shall wear the appropriate insignia of rank as prescribed in this procedure affixed to all uniform shirts and jackets.
F. Officers receiving Departmental awards may wear the commendation bar portions of the awards on the regulation uniform shirt. The awards are worn above the nameplate on the right side of the regulation uniform shirt. The number of awards worn is limited to six (6) awards.
G. Officers wearing unit pins shall wear the unit pins only on the uniform shirt. The unit pins are worn above the nametag and any commendation bars on the right side of the uniform shirt.

H. The formal uniform, including the regulation hat, shall be worn by all officers to all formal police functions (i.e., funerals, Police Officer Memorial Day events, formal inspections, etc.) and when directed by the Chief of Police or the officer’s Division Commander.
1. Unless otherwise directed by the Fiesta Commander, officers working Fiesta Events will do so in Formal or Regulation Uniform.
I. Members wearing uniform accessories which contain snaps (i.e., keepers, baton ring, flashlight ring, etc.) that are not plain black in color shall wear accessories with snaps in the following colors:
1. Gold-colored snaps for supervisory officers; and
2. Silver-colored snaps for non-supervisory officers.
J. A unit specific uniform (i.e., K-9, Helicopter, Bike Patrol, etc.) is worn only during an officer’s normal tour of duty.
K. Members wearing a unit specific uniform shall wear the appropriate headgear in accordance with this procedure.
L. Members wearing gloves shall wear plain black or navy blue gloves. Officers assigned to Bike Patrol may wear full or half finger gloves.
M. Members wearing sunglasses shall not wear sunglasses with brightly-colored frames, straps, or lens coatings. Any dark-colored lens, with or without a silver-colored mirror coating, is acceptable.
N. Periodic inspections are made in accordance with GM Procedure 315, Line Inspections, by supervisory officers to ensure subordinates are in compliance with this procedure.
O. Any requested changes or additions to the uniform specifications are routed directly to the Labor Relations Committee for review. The Labor Relations Committee will review the request and make a recommendation to the Chief of Police for final approval or wear testing if required.
P. Any Officer working in the right-of-way of a federal-aid highway must wear high-visibility clothing that meets the requirements of ANSI/ISEA 107: 2004 edition, class 2 or 3. The current issued Blauer 339P High-Visibility Yellow Vest meets these requirements.

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.04 UNIFORM APPEARANCE
A. Members will wear neat and clean uniforms at all times. Uniforms will not have the appearance of being faded or have visible patches where repairs were made.
B. Uniforms or accessories requiring repair are not worn, unless the repair is inconspicuous.
C. Uniform Shirt
1. The shirt is sized to present a neat appearance.
2. All buttons on the shirt, except the collar button, must be buttoned at all times.
3. Shirt sleeves are not rolled up or turned under.
4. The mock turtleneck shirt, if worn, is worn only under the long sleeve regulation uniform shirt.
5. Undergarments exposed at the neck shall be dark navy blue or black in color.
D. Uniform Trousers/Shorts
1. Trousers are tailored and sized to present a neat appearance.
2. Trousers are no shorter than one (1) inch above the juncture of the heel-sole and the upper part of the shoe or boot. They do not extend lower than this same juncture.
3. When boots are worn with trousers, the trousers are worn outside the boot tops.
4. Officers assigned to motorcycle duty shall have the trousers tailored so the trouser legs fit inside the motorcycle boots.
5. Compression shorts worn with the bicycle uniform shall correspond in color to the bicycle shorts and shall not extend below the bottom of the uniform bicycle shorts.
6. During the period of April 1st through September 30th, with the approval of the Division Commander, officers may wear the authorized uniform shorts.
E. Uniform Headgear
1. All uniform headgear is worn “straight-away.” Headgear is not cocked forward, sideways, or backward on the head.
2. Officers assigned to motorcycle or bicycle duties, or officers authorized to wear the bicycle patrol duty uniform must wear the appropriate helmet securely fastened with a chinstrap.
3. Officers wearing the authorized uniform shorts choosing to wear headgear, wear only the authorized ball cap.
F. Uniform Leather Footwear and Accessories
1. Leather footwear and accessories worn by uniformed officers shall be highly polished.
2. When low quarter style shoes are worn with the regulation trousers, dark navy blue or plain black socks shall be worn.
3. Officers wearing the bicycle patrol duty uniform or the approved regulation shorts shall wear plain, ankle high white, dark navy blue, or black socks.
G. Uniform Ties
1. Captains and above shall wear a regulation tie with the long sleeve authorized uniform shirt for official functions, meetings with outside agencies or departments, or as directed by the Chief. If not directed or participating in the aforementioned functions, the wearing of the tie with the long sleeve authorized uniform shirt is optional.
2. The wearing of a tie with a long sleeve uniform shirt is optional for Lieutenants and below.

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San Antonio Police Department
GENERAL MANUAL
Procedure 310 – Uniforms and Dress Codes

.05 PROPER WEARING OF UNIFORM ACCESSORIES
A. Badges, Name Plates, Hat Pieces, and United States Flag Pins
1. A regulation metal or embroidered badge and nametag shall be worn with the regulation uniform. A United States Flag Pin may be worn with the complete uniform.
a. The badge is attached to the badge holder on the left breast of the outermost garment.
b. The nametag is worn centered one-fourth (1/4) inch above the right shirt pocket seam.
c. The hat piece is worn centered in the front of the regulation uniform hat.
d. If worn, the United States Flag Pin will be worn on the left epaulet of the uniform. The United States Flag Pin will be professionally displayed, will not be larger than 1” X 1” in size, and will not include any other images, opinions, descriptions, statements, or representations.
2. Mixing of metal or embroidered nametags, badges, or rank insignias is not permitted.
B. Shoulder Patches
1. The shoulder patch is worn one-half (1/2) inch below the shoulder seam on each sleeve of all regulation uniform shirts and jackets.
C. Regulation Metal Buttons
1. Regulation gold metal buttons shall be mandatory for all supervisors and are worn affixed to the shoulder epaulets, and pocket flaps of the regulation uniform and jackets.
2. Metal buttons are not authorized for Patrol Officers and Detective Investigators.
D. Insignias of Rank and Service Bars
1. The insignia of rank for the Chief of Police, Assistant Chief, and Deputy Chief is worn one-half (1/2) inch from the front edge of each collar flap on the command or regulation uniform shirt and centered on the epaulets of the command or regulation uniform jacket.
2. The insignia of rank for a Captain is worn one-half (1/2) inch from and parallel to the front edge of each collar flap on the command or regulation uniform shirt and centered on the epaulets of the command or regulation uniform jacket.
3. The insignia of rank for a Lieutenant is worn one-half (1/2) inch from and parallel to the front edge of each collar flap on the uniform shirt and centered on the epaulets of the uniform jacket.
4. The insignia of rank for a Sergeant and Detective Investigator is worn one-half (1/2) inch below each shoulder patch on the uniform shirt and uniform jacket.
5. Service bars may be worn on the long sleeve regulation uniform shirt:
a. Each bar denotes five (5) years of service;
b. Bars are sewn on the left sleeve two (2) inches from the edge of the inner cuff;
c. Bars are approximately two (2) inches in length and diagonally forward; and
d. Bars are gold with dark navy border for supervisors, bright silver with dark navy border for non- supervisory officers.
E. Equipment Belt and Accessories
1. The equipment belt is worn in a position over and concealing the trouser inner belt. Buckles are not worn on the equipment belt.
2. A minimum of three (3) belt keepers are worn with the equipment belt.
a. Two (2) keepers are worn on the back of the equipment belt, one (1) on each side of the spinal column.
b. A minimum of one (1) keeper is worn on the front of the equipment belt where it provides the best support.
3. The
a. A holster centered over the outside seam of the trouser leg;
b. A magazine holder worn opposite from the side of the holster;
c. A handcuff case, with handcuffs, positioned over a rear trouser pocket; and
d. An issued radio carrier (as applicable) is worn on the opposite side from the holster.
e. All officers, when in uniform, shall carry at least one (1) approved intermediate weapon in compliance with GM Procedure 309, Weapons (i.e., baton, expandable baton, Electronic Control Device (ECD), or oleoresin capsicum (OC) spray/gel).
following accessories shall be worn on the equipment belt:
4. The following accessories may be worn on the equipment belt:
a. A second handcuff case worn in back opposite from the required handcuff case;
b. A baton ring/or approved expandable baton holster;
c. A flashlight ring or carrier;
d. A mobile phone case;
e. A key holder/flap; and
f. A knife case.
5. Lieutenants and above may choose to wear a garrison belt (1 3⁄4” to 2” plain black leather belt with buckle) with an approved handgun and holster, handcuffs and extra magazine, while in regulation uniform.
a. Lieutenants and above may choose to wear the Command Uniform Shirt (white) while in regulation uniform.
b. While conducting field/patrol operations Lieutenants and above must wear the complete REGULATION UNIFORM, as per Procedure 310 – Uniforms and Dress Codes, and Section .05, E., 1. Through 4 of this procedure.

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.06 UNIFORM SPECIFICATIONS (See Uniforms and Dress Codes Appendix)

.07 BODY ARMOR - ISSUANCE AND REPLACEMENT
A. All officers, regardless of the type of clothes worn, are encouraged to wear issued body armor.
B. Probationary Police Officers are issued body armor in accordance with the current Collective Bargaining Agreement.
C. Officers may request the issuance or replacement of Department-issued body armor, provided:
1. They have never been issued body armor;
2. Their current body armor is damaged; or
3. Their current body armor is five (5) years old or older.
D. Officers requesting new body armor shall submit a written report, along with their current issue of body armor, if applicable, to their Section and Division Commanders for inspection and written approval to order new body armor.
E. Upon receipt of written approval by the Section and Division Commanders, officers shall take the approved report to the Department armorer. The armorer shall:
1. Verify the date of issuance of the officer’s current body armor, if age is the reason for requesting new body armor;
2. Instruct the officer where to go to be fitted for new body armor; and
3. Notify the officer when the new body armor has been delivered.
F. Officers will return old issued body armor to the Armory and Supply Office when picking up new body armor.
G. Optional External Body Armor Carrier is composed of uniform material that can be worn directly over a uniform or approved polo style shirt.
1. The optional polo style shirt is not approved to wear without the body armor carrier in place. These uniform items will not be issued by the department and must be purchased by the officer.
2. Department patches and rank insignia on the polo style shirts are mandatory; however, the name and badge will not be authorized on the polo. The name and badge will be displayed on the body armor carrier.
H. Optional Rifle Rated External Body Armor Carrier is of similar color to that of the duty uniform and is to be worn directly over the approved uniform.
1. Rifle Rated External Body Armor Carrier is authorized for wear at officer discretion when the officer is or may be confronting suspects that are armed with rifles, shotguns or active shooter events.
2. The wearing of rifle rated plate carriers shall be limited and are not to be worn except as described above.
3. The Rifle Rated External Body Armor shall be marked in the following fashion.
Front: Agency Identification Patch (Minimum 3 inch) Badge Patch
Name Tab (Minimum 3/8 inch lettering) Back “POLICE” Patch (Minimum 3 inch)

.08 REIMBURSEMENTS FOR DAMAGED, DESTROYED, OR LOST UNIFORM OR ACCESSORY ITEMS
A. The Department reimburses officers for uniforms or accessories destroyed, damaged, or lost in the line of duty in
accordance with the current Collective Bargaining Agreement (CBA).
B. Officers assigned to plainclothes duty may be reimbursed for repairs or replacement of clothing damaged in line of duty incidents.
C. Officers requesting reimbursement for destroyed, damaged or lost uniforms, accessories, or plainclothes must:
1. Submit a request for reimbursement on an Incident Report Form 65, Interoffice Memo together with a copy of the report on the police incident where the item was destroyed, damaged, or lost to his Division Commander through his chain of command. Damaged items shall be submitted along with reports to the Division Commander.
2. The request must be made within thirty (30) days from the date of the incident or from the date the officer returns to duty, if the officer is on injury leave.
D. The Division Commander, upon inspection of the damaged item, determines the dollar amount to be reimbursed or the replacement cost of a lost item in accordance with the schedule on file in the Accounting and Personnel Office. If any reimbursement is warranted, the Division Commander has a request for payment form or petty cash voucher, depending on the amount of reimbursement, prepared and signed.
E. If reimbursement is approved by the Division Commander, the officer, after replacing the destroyed, damaged, or lost item, submits the signed request for payment form or petty cash voucher with the receipt of purchase to the Accounting and Personnel Office for reimbursement.
.09 DRESS CODES FOR OFFICERS IN PLAINCLOTHES ASSIGNMENTS AND CIVILIAN MEMBERS
A. Members may wear a United States Flag Pin with business apparel or casual apparel. The United States Flag Pin will be worn on the left lapel of the coat or jacket. The United States Flag Pin will be professionally displayed, will not be larger than 1” X 1” in size, and will not include any other images, opinions, depictions, statements, or representations.
B. Business/Relaxed Dress Code
1. Members, both sworn and non-sworn, performing duties such as investigative assignments and duties involving any contact with the general public shall report for duty in conservative business/relaxed apparel appropriate to an office setting. (Please reference GM Procedure 311, Court Appearances for court dress requirements)
2. Business/relaxed apparel for male members shall consist of the following:
a. Business suit, sport coat and slacks, or the approved long/short sleeve shirts/pullovers with a collar (please reference Appendix).
b. Long or short sleeve dress shirt with a tie.
c. Belts without metal studs, excessive stitching, or other adornments. Belt buckles shall be in proportion with the width of the belt.
d. Footwear will be polished dress shoes or boots worn with socks. Dress boots shall not have metal tips or stitching of an unusual design on the toe.
e. Hats without ornamental accessories may be worn.
3. Business/relaxed apparel for female members shall consist of the following:
a. Dresses, suits, skirts, or tailored loose fitting slacks with dress shirts or blouses or the approved long/short sleeve shirts/pullovers with a collar (please reference Appendix). Dresses and skirts will be no shorter than two (2) inches above the knee.
b. Footwear will be dress heels, flats, or boots. Dress boots shall not have metal tips or excessive stitching on the toe.
C. Casual Dress Code
1. Members, sworn and non-sworn, assigned to office duties that do not involve any contact with the general public, may report for duty in casual apparel instead of business/relaxed apparel, to include maternity wear (as appropriate).
2. Casual apparel for male members shall consist of the following:
a. Casual slacks or jeans (with the Division Commander’s approval); and
b. Long or short sleeve shirts/pullovers with a collar.
3. Casual apparel for female members shall consist of the following:
a. Casual dresses, skirts, slacks, or jeans (with Division Commander approval); and
b. Long or short sleeve shirts, blouses, or pullovers with a collar.
D. Field Dress Code
1. Field apparel, determined by Unit Directors, may consist of any and all clothing necessary to perform any of the below listed job functions.
2. Members assigned to field duties are authorized to wear field apparel. Field duties include, but are not limited to, duties in any of the following job functions:
a. Maintenance or inspection of equipment;
b. Surveillance;
c. Execution of arrest or search warrants;
d. Duties involving strong physical exertion or activities; and
e. Any undercover assignment.
4. Raid Jackets and Raid Body Armor shall be marked as follows:
Front: Agency Identification Patch (Minimum 3 inch) Badge Patch
Name Tab (Minimum 3/8 inch lettering) Back “POLICE” Patch (Minimum 3 inch)

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San Antonio Police Department
GENERAL MANUAL
Procedure 310 – Uniforms and Dress Codes

.10 AUTHORIZED ACCESSORIES FOR PLAINCLOTHES ASSIGNMENTS AND OFF-DUTY
A. When carrying a firearm, officers in plainclothes assignments and off-duty Officers, shall carry their approved
firearms in holsters that meet the following specifications:
1. Designed for the make and model of the firearm;
2. Secures the firearm; and
3. Allows the firearm to be readily available.
B. Officers choosing to carry their firearms in containers other than a holster shall do so in accordance with GM Procedure 309, Weapons.
C. Officers in plainclothes assignments shall carry extra authorized ammunition, in accordance with GM Procedure 309, in magazine holders that are designed for the make and model of the magazine.
.11 PERSONAL GROOMING A. Male Officers
1. The face is kept clean of facial hair, except that a neat, evenly trimmed mustache is permissible. No portion of the mustache extends below or more than one-fourth (1/4) inch beyond the line of the individual’s upper lip. Mustaches are not waxed or twisted.
2. Sideburns are neatly trimmed and straight. They do not extend past the lower edge of the ear, nor are they wider at the lower edge or conspicuous in shape.
3. Hair Regulations:
a. Hair is worn neatly trimmed.
b. Hair is clipped on the sides and back to present an evenly tapered appearance.
c. Hair is not overly long or brushed in such a manner that it interferes with the wearing of the prescribed headgear.
d. Hair does not touch the shirt collar, except for the close-cut hair on the back of the neck.
e. Hair may touch the back of the ear, but not extend over the edge of the ear.
f. Hair does not extend below the prescribed headgear “headband” on the forehead.
g. Hair ornaments are not acceptable.
h. Hair is not dyed an abnormal color or multi-colored.
i. Hair is not worn in unusual styles that might detract from the professional appearance of the uniform.
B. Female Officers
1. Facial and eye make-up is conservative, neatly and thinly applied, and harmonizes with hair color and the color of the uniform or plainclothes worn.
2. Hair Regulations: “Pony-tail” hairstyle is an option. Female officers opting for this type of hairstyle must comply with the following:
a. Hair is not overly long or brushed in such a manner that it interferes with the wearing of the prescribed headgear.
b. Hair does not extend below the prescribed headgear “headband” on the forehead.
c. Hair does not extend more than three (3) inches below the top of collar of the regulation uniform shirt.
d. Hair is not dyed an abnormal color or multi-colored.
e. Hair must be pulled away from the front of the face, and hair must be either secured naturally or with an approved ornament.
f. Hair ornaments which are black, dark navy blue, or tortoise shell in color with no designs or attachments may be worn (similarly colored “scrunchy” type or related elastic hair ties are permissible provided that they are thin in size and shape and worn in professional manner).
g. Pigtails large bouffant hairstyles, and ribbons, are prohibited.
C. Body Modification (Effective November 01, 2014)
1. Tattoos, unauthorized body piercings, intentional scarring/intentional mutilation (a deliberate, intentional injury to ones own body that causes tissue damage or leaves marks for more than a few minutes) branding’s are prohibited from being displayed while working or representing the Department in any capacity.

  1. Sworn and civilian employees with an existing visible tattoo, brand, or intentional scarring/mutilation, in uniform and non-uniform assignments, are prohibited from displaying any tattoo, brand unauthorized body piercing, or intentional scarring/mutilation while on duty, working off-duty in a law enforcement capacity, or while representing the Department in any other manner.
    a. Members shall have the following options:
  2. Regardless of type, no body modification shall be visible from the crease of the arm at the elbow, extending down to full length of the fingers;
  3. If the tattoo is on the leg(s), the employee will wear authorized full-length uniform or civilian attire pants, slacks, skirt, or dress in compliance with approved dress code standards;
  4. Cover the surface of visible tattoos on the arm(s) with a plain skin-toned (matches skin tone of the employee) bandage/patch not to exceed 4”x6” (No more than one bandage/patch may be worn on a single arm);
  5. While wearing the short sleeve uniform shirt, a black or uniform colored compression long sleeve shirt (e.g. Under Armour, Nike, PBX Pro, etc.) may be worn only for the purpose of covering up any body modifications.
    a. The compression long sleeve shirt cannot have any visible insignia (i.e. logo, brand name, or trademark showing) and must be worn as a complete shirt (e.g. both sleeves).
  6. Any tattoos that are on the hands (to include fingers and thumbs), anywhere on the neck, or anywhere on the head cannot be visible and must be covered completely with a skin-toned bandage/patch.
  7. Options 1 through 5 are available only for the exclusive purpose of covering body modifications.
    b. Officers serving in undercover assignments may display body modifications when authorized in writing by their Division Commander. Upon returning to uniform duty, members must comply with this procedure.
    D. Jewelry
  8. Wristwatches may be worn by all officers.
  9. Rings may be worn, but only one (1) ring on each hand is permitted. A wedding set is considered one (1) ring.
  10. Earrings may be worn only by female officers, except as noted in subsection 4 below. Earrings shall be navy blue, silver/gold-colored, or diamond stud type or one-half (1/2) inch single style loop earrings with a breakaway clasp. No more than one (1) pair of earrings may be worn.
  11. Earrings may be worn by male officers who are in undercover assignments.
  12. Medical alert bracelets may be worn.
  13. Except for wristwatches, rings, earrings, medical alert bracelets, and necklaces or tie tacks (worn by plainclothes officers and civilian members only), no other decorative jewelry that is visible is permitted.
    E. Officers in undercover assignments and officers that have prior written permission from their Division Commanders may deviate or be exempt from the above personal grooming regulations.
    F. Officers who are exempt from these grooming regulations are prohibited from wearing a regulation uniform until they comply with the preceding grooming regulations
A

.12 RELIGIOUS EXEMPTIONS
A. Members who believe that for religious reasons they should be allowed to deviate from policy may request authorization from the Chief of Police, or his/her designee, for exemptions to the SAPD uniforms and dress codes procedure in order to wear articles of faith while on-duty or observe religious grooming customs.
1. Such request shall be in writing and shall include the employee’s name, present assignment, and the reason why an accommodation is being requested.

B. The Chief of Police, or his/her designee, shall make a determination regarding all requests for religious exemptions to SAPD’s uniforms and dress codes procedure on a case-by-case basis, taking into account any potential safety issues and/or operational concerns that the article(s) of faith or religious grooming custom may present to the member or to the public.
C. If the employee is not satisfied with the ruling by the Chief of Police or his/her designee, the employee may request a meeting with the Chief of Police or his/her designee to personally present his/her reason for the request for accommodation or objections to the specific nature of the approval or denial.
D. Members who are approved to wear an article of faith in addition to or in place of the uniform required by SAPD procedure shall bear all costs associated with procuring and maintaining their article of faith.
E. Articles of faith that are approved by the Chief of Police are outlined in Attachment A of this order.

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San Antonio Police Department
GENERAL MANUAL
Procedure 510 – Carrying Of Handguns

.01 INTRODUCTION
This procedure establishes guidelines for actions officers should take when coming into contact with citizens who are licensed by the State of Texas to carry handguns under Government Code, Chapter 411, Subchapter H, License to Carry a Handgun.
.02 POLICY
The State of Texas, through passage of Senate Bill 60 by the 74th Texas Legislature and as amended via Senate Bill 321 by the 82nd Legislature, and House Bill 3142 and Senate Bill 299 by the 83rd Texas Legislature, has granted qualified citizens the eligibility to carry concealed handguns. Further legislation passed by the 84th Texas Legislature, under House Bill 910, granted qualified citizens the eligibility to carry non-concealed handguns.
Therefore, it is the policy of this Department to acknowledge qualified citizens’ eligibility to carry handguns through training and education of officers on the applicable laws and also to safeguard all citizens through enforcement for violations of those laws.

.04 LICENSE REQUIRED TO CARRY HANDGUN
A. Before a citizen of this state may legally carry a handgun, a handgun license (HL) must be obtained through the
Texas Department of Public Safety, except as provide below:
1. The individual is on his/her own premises or premises under their control; or
a. Note: For purposes of this section, “premises” includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent.
b. Note: For the purposes of this section, “recreational vehicle” means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
2. The individual is inside of or directly en route to a motor vehicle that is owned by the individual or under the individual’s control.
3. An individual commits an offense if the individual intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the individual or under the individual’s control at any time in which:
a. The handgun is in plain view, unless carried in a belt holster or shoulder holster; or
b. The individual is:
(1) engagedincriminalactivity,otherthanaClassCmisdemeanorthatisaviolationofalaworordinance regulating traffic;
(2) prohibited by law from possessing a firearm; or
(3) a member of a criminal street gang, as defined by Section 71.01 of the Texas Penal Code.
B. A handgun license issued from another state does not authorize a person to carry a handgun in this state, unless a reciprocal agreement exists between that state and the State of Texas. Officers that come in contact with out of state handgun license holders will contact the Texas Department of Public Safety to verify that a reciprocal agreement exists.
C. On the effective date of this procedure, the State of Texas has a reciprocal agreement with Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia and Wyoming. License holders from these states will be required to follow Texas law while carrying in this state.
D. The handgun license must be carried by the license holder when he is in possession of a handgun. There is no distinction or limiting category among the types of handguns a HL allows the license holder to carry.
E. Citizens currently in possession of valid CHLs are not required to obtain a separate handgun license.

A

.05 REQUIREMENT TO DISPLAY HL

A. If a license holder is carrying a handgun on or about the license holder’s person when an officer demands that the license holder display identification, (person is under lawful arrest, detention, or a witness to a crime) the license holder shall display both the license holder’s driver’s license or identification certificate issued by the department and the license holder’s handgun license.

B. Officers shall not demand that a person show a handgun license simply based on the fact that they are carrying a handgun.

C. Officers cannot compel a person to identify themselves unless the person is under lawful arrest, detention, or witness to a crime. However, nothing in the law prevents an officer from inquiring about a person being a HL holder.

D. Failure to display one’s handgun license does not constitute any offense (Texas statutes list NO offense).

E. Officers may access the Texas Criminal Information Center (TCIC) to identify HL holders.

.06 CARRYING OF A HANDGUN
A. Any citizen open carrying a handgun must have the weapon secured in either a belt holster or shoulder holster.

B. Off-duty officers choosing to open carry must do so in accordance with GM Proc. 309 Weapons.

.07 LOCATIONS WHERE STATE LAW PROHIBITS THE CARRYING OF HANDGUNS

A. Penal Code Chapter 46, Weapons, prohibits a person from carrying prohibited weapons, including a handgun, onto any of the following locations:

  1. Schools or school buses;
  2. Polling places;
  3. Government courts or court offices;
  4. Racetrack premises; and
  5. Secured airport areas.

B. In addition to the above restriction, handgun license holders are prohibited from carrying a handgun, concealed or not, into any of the following locations or under any of the following conditions:

  1. Prohibited Locations:
    a. On the premises of business licensed for the sale of alcohol, if the business derives fifty-one percent (51%) or more of its revenue from the sale of alcohol for on-premise consumption;
    b. On premises where a high school, collegiate, or professional sporting or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
    c. On the premises of a correctional facility;
  2. Handguns are prohibited on the following premises, provided the location has posted proper signage (PC §30.06 and §30.07):
    a. On the premises of a hospital or nursing home licensed under the Health and Safety Code, unless the license holder has written authorization from the hospital or nursing home management;
    b. In an amusement park;
    c. On the premises of a church, synagogue, or other established place of religious worship; or
    d. At any meeting of a governmental entity, subject to the Texas Open Meetings Act.
  3. Prohibited Conditions:
    a. If the license holder is intoxicated.

C. Institutions of higher learning, public or private, may not prohibit persons visiting or attending the institution from storing a legal handgun or ammunition in their locked vehicle while parked on campus.

D. Government facilities may prohibit persons carrying a handgun from entering the non-public/private areas of the facility.

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San Antonio Police Department
GENERAL MANUAL
Procedure 510 – Carrying Of Handguns

.08 EMPLOYER’S RIGHT TO NOT ALLOW THE CARRYING OF A HANDGUN ON PUBLIC OR PRIVATE PREMISES
A. Employers, public or private, may not prohibit an employee from storing a legal handgun or ammunition in their locked vehicle in their parking lot.
B. If an employer elects not to allow the license holder to carry a handgun onto his premises, he should:
1. Post signs stating that the carrying of a handgun is not allowed, in accordance with PC §30.06 and §30.07; or
2. Notify the license holder orally or in writing not to carry a handgun onto his premises.

.09 ENFORCEMENT ACTIONS BY OFFICERS
A. Handgun license holders who are carrying handguns in places or under conditions prohibited by Penal Code statutes, as listed in Subsection .07, shall be arrested in accordance with the applicable subsections of Chapter 46, Weapons, of the Penal Code.
B. Handgun license holders who are carrying handguns on public or private premises where an employer has asked the license holders to leave, as listed is Subsection .08B, shall be advised:
1. They are in violation of the Trespass statutes (PC 30.05, PC 30.06, or PC 30.07), and they must leave the premises; and
2. They are subject to arrest for Trespass statutes (PC 30.05, PC 30.06, or PC 30.07) if the license holders refuse to leave the premises.
C. A person in possession of an expired handgun license who is carrying a handgun should be arrested in accordance with Section 46.02, Unlawful Carrying of Weapons, of the Penal Code.

.10 OFFICER’S AUTHORITY TO SEIZE HANDGUN AND LICENSE OR TO DISARM LICENSE HOLDER

A. An officer arresting a license holder for a criminal violation in which the handgun was used or is evidence shall seize the handgun and handgun license and place them in the Property Room as evidence.

B. An officer arresting a license holder for a criminal violation in which the handgun is not evidence shall place the handgun and license in the Property Room as personal property.
C. An officer stopping or detaining a handgun license holder may disarm the license holder:

  1. If the officer reasonably believes it is necessary to disarm the license holder for the protection of the officer, license holder, or other persons; and
  2. The reasonable belief shall be listed in the officer’s written report; and
  3. The handgun is returned to the license holder once the officer determines the license holder is not a threat and is not being arrested for a criminal violation.

D. If an officer feels it is unsafe to return a weapon to a license holder who is not arrested, the officer shall:

  1. Contact a supervisor and request they respond to the scene;
  2. Issue a property receipt for the weapon, if applicable;
  3. Place the weapon in the property room under personal property, if applicable; and
  4. Articulate in a report the circumstances that led the officer to believe that it was unsafe to return the weapon.
A

.11 REPORT RESPONSIBILITY

A. An officer responding to any incident involving the carrying of a handgun by a license holder shall document the incident in an offense or incident report.
The report shall contain, as a minimum, the following information:

  1. Any violation committed by the license holder;
  2. Actions taken by the officer;
  3. The name of the license holder;
  4. The handgun license number; and
  5. The model and serial number of the license holder’s handgun.

B. In order for the Texas Department of Public Safety to suspend the handgun license of a license holder in violation of any section of Chapter 46, Weapons, of the Penal Code, an officer shall also complete an approved DPS Affidavit for Revocation of Handgun License.

C. Officers shall forward copies of all reports involving incidents related to the carrying of handguns by license holders and the original DPS Affidavit for Revocation of Handgun License to the Texas Department of Public Safety.

  1. Officers are reminded that the DPS Affidavit for Revocation of Handgun License can be found in the forms library.
  2. The DPS Affidavit for Revocation of Handgun License stipulates that the affidavit, along with all attachments, must be sent to the Texas Department of Public Safety within 5 days after the affidavit is prepared
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San Antonio Police Department
GENERAL MANUAL
Procedure 512 – Electronic Control Devices

.01 INTRODUCTION
This procedure provides officers with guidelines necessary for the safe carrying, handling, deployment, and use of
Electronic Control Devices (ECD).
.02 POLICY
A. Officers are authorized to use an ECD to affect an arrest if physical force has proven ineffective or are not a reasonable option based upon the circumstances.
B. Officers are responsible for the safekeeping and appropriate use of their ECD.
C. All officers issued an ECD shall carry it in accordance with Procedure 309, “Weapons.”

.04 APPROVAL TO CARRY ECD
A. An officer desiring to carry an ECD while on or off-duty must:

  1. Successfully complete a training course at the Training Academy in the use of the ECD; or
  2. Present a certificate of training from a TCOLE approved ECD training course and demonstrate proficiency in the use of the ECD to the Training Academy Commander or his designee.
    B. Upon satisfactorily demonstrating proficiency in the use of the ECD, the Training Academy Commander or designee:
  3. Recommends approval or disapproval for the officer to carry the ECD while on or off-duty; and
  4. Routes a written report of the approval or disapproval to the officer’s division commander.
    C. The officer’s division commander makes a written recommendation approving or disapproving the carrying of the ECD to the Training Academy Section and the Office of the Chief.
    D. The Chief of Police makes the final decision to approve or disapprove the carrying of the ECD.
A

.05 ELECTRONIC CONTROL DEVICE (ECD):
A. When the probes make contact with the suspect, the ECD will transmit electrical pulses along the wires and into the
suspect.
1. The pulses can penetrate clothing up to two inches in thickness.
2. The pulses will temporarily override the sensory nervous system and motor nervous system control over the skeletal muscles, resulting in uncontrollable muscle contractions, temporarily disabling the individual.
B. The ECD is pre-programmed to deliver a five-second electrical burst.
1. During an actual deployment, it is recommended the full five-second cycle be used for maximum effectiveness of the weapon.
2. The officer can shorten this automatic five-second cycle by simply engaging the safety, thereby turning off the weapon.
C. Each ECD includes a data port located on the unit. Every time the ECD is utilized, specific information will be recorded to assist in accurate reporting of ECD usage.
.06 ECD TRAINING
A. Officers must be selected by the Chief of Police or designee to receive ECD training.
B. Officers must successfully complete a training course and be certified in the use of ECDs to be authorized to carry and use an ECD as an intermediate weapon. Additionally, only officers who have also successfully completed a forty (40) hour Crisis Intervention Training course will receive authorization to carry an ECD.
C. Annually, ECD operators will be required to attend a Department approved ECD recertification course.
1. If an officer fails the written or practical exam, they shall participate in remedial training, which will include additional information and practical training prior to recertification to carry the ECD.
2. If the officer fails any portion of the remedial training, they will not be authorized to carry an ECD.
3. The officer who has failed remedial training may request authorization to carry an ECD after six (6) months and, if approved, must complete the entire block of ECD training.
.07 ECD EQUIPMENT ISSUE
A. Officers shall only carry and use department-issued ECDs.
B. Officers who carry the ECD may choose not to carry a second intermediate weapon.
C. Officers have the option of wearing the holster in front of the firearm for a support side cross-draw, or on the opposite hip of the duty firearm to draw the ECD only with the support hand. The strong hand cross-draw carry still applies.
D. An ECD and two (2) cartridges will be issued to authorized officers.
E. The serial number of the ECD and the serial number of each cartridge will be documented at the time of issue/replacement of the equipment.
F. Cartridges will not be stored except in the designated issue point, a Department locker, or the armory.
G. After each deployment, a supervisor will be notified for a replacement cartridge. Prior to issuance of a new cartridge, a report documenting the deployment will be provided to the supervisor.

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San Antonio Police Department
GENERAL MANUAL
Procedure 512 – Electronic Control Devices

.08 PRE-OPERATIONAL CHECK OF THE ECD

A. A pre-operation check of the ECD will be conducted prior to going on duty.
1. The ECD resembles a pistol and it should be handled accordingly.
2. With the cartridge removed and the weapon pointed in a safe direction, the officer will perform a spark display of the ECD.
3. If the ECD fails to fire or fires slowly, ensure the batteries are fully charged and properly installed. If it doesn’t work, contact your immediate supervisor, or the armory for replacement.
4. The officer will attach the cartridge and holster the weapon.
B. The officer will not test fire the ECD a second time during the shift without a specific reason and a supervisor’s approval. After a successful spark test an officer will not conduct an additional spark test without supervisor approval.
C. Accidental discharges will require supervisor notification.
1. The officer shall report the incident in writing through his chain of command, to his division commander.
2. A copy of the report shall be forwarded to the Internal Affairs Unit.
.09 ECD DEPLOYMENT
A. If physical force has proven ineffective or is not a reasonable option based upon the circumstances, officers are
authorized to use an ECD to affect an arrest.
B. The ECD is deployed as a non-deadly tool for the officer and is not intended to be used in deadly force situations. Personnel shall only utilize the ECD consistent with the training received.
C. The ECD is not intended to replace the open/empty hands control techniques used to restrain a passive resister.
1. The ECD is to be used for control and arrest of aggressive resisters who may be exhibiting violent behavior or when there is reasonable belief it would be unsafe for officers to approach within contact range of the suspect.
2. The ECD is placed at the same level of force as oleoresin capsicum (OC) spray/Gel.
D. The decision to use the ECD will be dependent upon the actions of the subject, the threat facing the officer, and the totality of circumstances surrounding the incident.
E. As with any other type of force, officers will end application of the ECD when the subject discontinues resistance or aggression.
F. ECDs should not be brandished, displayed, or pointed at a subject in an intimidating manner unless an officer is attempting to prevent further escalation of force.
G. More than one officer may deploy (brandish) an ECD, however, no more than one officer at a time should activate an ECD against a person.
1. When activating an ECD, officers should use it for one standard 5-second cycle and then evaluate the situation.
2. If subsequent cycles are necessary, officers shall restrict the number and duration of those cycles to the minimum activations necessary to place the subject in custody.
H. Officers may use an ECD when:
1. Lesser methods have failed;
2. In self-defense or defense of a third person;
3. Subduing or controlling a violent subject;
4. Subduing an aggressively resisting actor; or
5. Physical force has proven ineffective or is not a reasonable option based upon the circumstances.
I. Situations appropriate for ECD deployment include, but are not limited to:
1. Probe Mode - Proper application will result in temporary immobilization of the subject and provide the officer a “window of opportunity” in which to take the subject safely into custody. Optimum range for probe deployment is 7 to 15 feet with a 21 foot maximum distance.
a. A subject threatening himself or others with physical force and other means of controlling the subject are unreasonable or could cause injury to the public, the officer, or the subject.
b. May be used on a subject when reasonably necessary to overcome aggressive resistance to lawful objectives.
c. Other means of lesser or equal force have been ineffective and the threat still exists to the public, the officer, or the subject.
d. May be used on aggressive animals in the defense of the officers or innocent bystanders.
2. Drive Stun Mode - When touched to the body, the ECD causes significant localized pain in the area touched by the ECD but does not have the effect of NMI. The Drive Stun does not incapacitate a subject but may assist in taking a subject into custody.
a. To eliminate physical resistance from an arrestee in accomplishing an arrest or physical search.
b. May be used on aggressive animals in the defense of officers or innocent bystanders.
c. Multiple “Drive Stuns” are discouraged and must be justified on the SAPD #62-UOF, Use of Force Report. If the initial application is ineffective, the officer will reassess the situation and consider other available options.
3. Spark Display - This is used to show the suspect ECDs are present and may be used on them if they do not comply with the instructions issued by the officer. Nothing prohibits officers from utilizing this tactic for crowd control purposes. However, officers are cautioned to be cognizant of crowd reaction. If this appears to incite an already unruly/volatile crowd, spark displays should be discontinued.
J. Improper handling or inappropriate uses of this device which may result in disciplinary action include, but are not limited to:
1. Needless display of the device;
2. Careless or haphazard muzzle control of the device;
3. Use against any person in a punitive manner;
4. Use or threat of use of the device during an interrogation;
5. Using the device to awaken a person;
6. Using the device as a prod;
7. Using the device on a helpless or obviously disabled person;
8. Carelessness in its storage;
9. Abuse of the equipment;
10. Failure to report damage to the device;
11. Failure to document receipt of a new or replacement device or cartridge; or
12. Tampering with the device or the data.

A

K. Prior to deployment of the ECD, the ECD operator should attempt to obtain a cover officer capable of providing deadly force if needed. The cover officer will be armed with a department-approved firearm appropriate to the situation. Should a subject take control of an officers ECD, the subject possess the capability to discharge the weapon and render the officer helpless
1. The cover officer will provide deadly force if needed for the ECD operator.
2. Officers should consider cover and distance at all times.
3. Officers should consider bystanders at all times.
L. Prior to discharging the ECD, the operator should notify others on scene by announcing “TASER.”
1. By providing an advance warning, officers are better prepared and will stay clear of the probes and their intended target.
2. If practical, instruct the Communications Unit to broadcast an ECD is going to be deployed.
3. If not practical, notify the dispatcher, as soon as feasible, an electrical charge has been administered through use of an ECD and which mode was utilized, (i.e. probe, stun, or both).
M. Prior to firing, use loud verbal commands when feasible and point the laser sight at the subject.
1. A suggested warning to the suspect may be: “If you do not comply with my commands l may be forced to use a
Taser.”
2. Preferred target zones are (a) below the chest and off center so as to split the hemisphere from a frontal position
and (b) below the neck from a back position.
3. Care should be taken to avoid the face, neck, groin, and other sensitive areas of the subject.
N. An arrest team consists of no less than two officers: one officer with an ECD and another officer with a department- approved firearm.
1. Firearms will be secured prior to approaching and securing the suspect.
2. When given the command to do so by the ECD operator, the handcuffing officer will immediately attempt to safely control the subject. Subjects are most easily controlled while the ECD is discharging.
3. Throughout the incident, ECD operators will continually assess compliance levels and breathing ability of the subject before applying additional cycles to the subject.
4. Following ECD activation, officers should not use a restraint technique that restricts breathing.
O. ECDs shall not be utilized in the following circumstances:
1. When the officer knows a subject has come in contact with flammable liquids or is in a flammable atmosphere;
2. When the subject is in a position to fall and possibly sustain substantial injury or death;
3. Punitively for purposes of coercion;
4. To escort or jab subjects;
5. To awaken unconscious subjects;
6. When the subject is visibly pregnant, unless deadly force is the only other option;
7. The subject is in or around water where drowning could result;
8. Against frail persons of any age; or
P. ECDs should not be utilized in the following situations:
1. On subjects operating motor vehicles (this includes autos, trucks, motorcycles, and scooters);
2. On a person operating a self-propelled vehicle (e.g. bicycle);
3. When the subject is holding a firearm;
4. When the subject is at extremes of age (youth or aged) or physically disabled;
5. When deadly force is clearly justifiable, unless another officer is present and capable of providing deadly force to protect officers and/or civilians as necessary;
6. In cases where another officer has already successfully deployed an ECD on the suspect.
7. Against persons known to be under the influence of drugs.
8. On a handcuffed prisoner;
Q. A supervisor shall be notified and respond to all scenes in which an ECD has been activated. The supervisor will conduct a preliminary assessment of the ECD activation and submit a report of his findings along with the Use of Force Report. Additionally the supervisor will ensure the following is accomplished:
1. Photographs will be taken of the affected area and any other injuries noted.
2. Collect clothing when burn marks or fabric tears occur because of ECD use.
3. SAPD Form #62-UOF, Use of Force Report, will be completed.
4. Secure all in car videos of the incident, if available, and forward with the use of force report.
5. A copy of all reports, in car videos, and Crime Scene Unit Investigators’ photos will be forwarded to the Internal Affairs Unit through the chain of command for review and compilation of statistics.
6. A copy of all reports, in car videos, and Crime Scene Unit Investigators’ photos will also be forwarded to the Training Academy ECD instructors for review and possible curriculum enhancements.
7. A supervisor shall download the ECD information and include it with the use of force report. A spark display must be performed prior to downloading the information in order to confirm current time as a relative point of reference. Remove cartridge before performing spark display.
8. Supervisor shall ensure fired ECD cartridges are replaced prior to the end of the officer’s tour of duty.
9. SAPD Form #62-RFI, Receipt for Issue/Replacement OC Spray/Gel and/or ECD, shall be completed by the officer. The receipt is deposited in a designated receptacle in the ready room. When returning an OC canister, attach the receipt to the canister prior to depositing in the receptacle
R. Any use of the ECD contrary to the direction of this procedure can result in revocation of the officer(s) authorization to use this weapon and may result in disciplinary action.
S. Any officer discharging an ECD accidentally or intentionally shall immediately notify an on-duty supervisor and report the incident in writing, through his chain of command, to his division commander.
1. The supervisor notified will review all the circumstances surrounding the weapon discharge to ensure all policy, training, weapon/equipment, and discipline issues are addressed, and evidence is collected as applicable.
2. Upon completion of his initial review, the supervisor will determine if there are any violations of departmental policy and he will make a recommendation based on his review of the incident.
3. The officer’s initial report and the supervisor’s recommendations are then forwarded through the chain of command for final review and disposition.
4. The division commander shall review the reports and recommendations, and based on the merits, substance, and gravity of the incident, will request further investigation, implement discipline, or recommend no disciplinary action.
5. Regardless of the outcome, all reports with recommendations will be routed to the Internal Affairs Unit and will be maintained on file in accordance with the Department’s retention schedule.

494
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 512 – Electronic Control Devices

.10 FIRST AID PROCEDURES
A. Attention to the subject(s) after utilization of the ECD is vital. Officers need to be aware and look for obvious signs
of injury that may be incidental to ECD use.
B. EMS is requested, as soon as possible, to all scenes where a subject has received an electrical charge from an ECD.
C. An ECD certified officer may remove the ECD darts when penetration has occurred.
1. The officer will not remove probes embedded in the face, eye, mouth, neck, hands, female breast area, nipples, groin, and/or genitals of the subject.
2. Officers will remove probes from strikes in any other area not listed above, utilizing techniques learned in training.
3. Anytime the probes break off inside the suspect, the suspect will be transported for medical treatment.
D. If not removed prior to EMS arrival, EMS personnel may remove the ECD darts when penetration has occurred.
1. EMS personnel examine the subject and determine whether the subject requires further medical attention.
2. If darts cannot be removed by EMS personnel, the subject should be transported to a medical facility as soon as possible.
E. If EMS personnel determine a prisoner requires further medical attention, the prisoner is continuously observed visually and audibly, by the officer during transport, to include an officer riding with EMS.
1. Should the arresting officer be involved with other duties, another officer is assigned to accompany the prisoner.
2. After examination at medical facility, prisoners not requiring further medical attention are transported to the Detention facility.
3. Officers transporting a prisoner from the Downtown University Health Care facility to the Detention Facility, request BCHD Form #60-1, E. R. Encounter - Admitting Form, from hospital personnel. The form is routed in the same manner as SAPD Form #62, Injured Prisoner Report Form.
F. When EMS personnel determine a prisoner does not require further medical attention, the prisoner is transported to the Detention Facility by the officer.
1. The officer verbally notifies Detention Facility personnel the prisoner was exposed to an ECD.
2. The officer writes ECD in large block letters at the top of the MS-DC Form #17, Registration/Property Form,
in accordance with GM Procedure 601.11G, Taking Prisoners into a Detention Facility.
3. The name of the officer who continuously observed the subject and the name of the Detention facility personnel
the officer notified of the ECD exposure are included on SAPD Form #62-UOF, Use of Force Report.

A

.11 UNIT RESPONSIBILITIES:
A. Dispatchers shall dispatch Crime Scene Unit Investigators to all scenes where there has been a discharge of an ECD by a San Antonio Police Officer.
B. Crime Scene Unit Investigators shall promptly respond to the scene where there has been a discharge of an ECD by a San Antonio Police Officer. The Crime Scene Unit Investigator shall place spent probes into the Property Room as evidence by using the following procedure:
1. Leave the wires the way they are and place the probes (if used in probe mode) back into the cartridge with the barbs down. Leave the cartridge and wires in the same place where the subject was apprehended and let CSI personnel know where the subject was placed in custody and the direction the ECD was fired.
2. The cartridge holes will be secured with evidence tape.
3. The cartridge shall be placed in an evidence envelope and labeled with a biohazard sticker.
4. A sample of the AFID confetti from the ECD cartridge will be placed in a separate evidence envelope.
5. If the AFID confetti cannot be recovered from the scene (washed away by rain, destroyed by fire, etc.), the circumstances preventing recovery will be detailed in the offense/incident report and the use of force report.
C. The Armory and Supply Office replaces ECD equipment returned to the Armory by officers, and
1. Completes the appropriate section of SAPD Form #62-RFI, Receipt for Issue/Replacement OC Spray/Gel
and/or ECD.
2. Forwards a copy of the form to the Internal Affairs Unit.
D. Supervisory Officers
1. Must understand the maximum effective range of all weapons carried by their shift personnel.
2. Ensures through periodic inspections officers under their supervision carry only approved ECDs as defined in this procedure, and all equipment is in proper working order.
3. When the Armory is closed, verifies information entered in the appropriate section of SAPD Form #62-RFI, Receipt For Issue/Replacement of OC Spray/Gel and/or ECD, by officers returning an ECD or cartridges to the Ready Room and also verifies information entered into the OC spray/gel and/or ECD logbook when officers check out replacement equipment.
4. All ECD’s assigned under the supervisor must be downloaded on a quarterly basis to keep the time and date accurate.

495
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 603 – Protective Orders/Conditions of Bond

.01 INTRODUCTION

A. This procedure establishes guidelines for the proper handling of protective orders and conditions of bond, from their entry into the computer system to the disposition of violations through reports and arrests.

B. The Texas Penal Code, Section 25.07, Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Stalking or Trafficking Case, authorizes the warrantless arrest of an individual in violation of a Protective Order, Magistrate’s Order for Emergency Protection, a Temporary Protective Order, Condition of Bond in a Family Violence Case or Violation of a Protection Order issued out of another jurisdiction when an officer has probable cause to believe the offense has occurred.
Refer to Texas CCP Chapter 14 for additional guidance.

C. This procedure is a cooperative effort between the Patrol Division, Special Victims Unit, the Victims Advocacy Office, the Crime Scene Unit, the Service and Security Agents Office, and The Bexar County District Attorney’s Office in order to:

  1. Enable service providers the ability to serve a greater number of victims of family violence;
  2. Provide better customer services to victims of family violence by enabling the victims to come to the substation nearest their home to report violations;
  3. Reduce the number of family violence cases by early law enforcement intervention as well as provide services to victims of family violence in a more timely manner; and
  4. Protect victims from the likelihood of future victimization through proper enforcement of protective orders and conditions of bond.
  5. Ultimately, enable the San Antonio Police Department to file more cases for family violence and violation of protective orders with the Bexar County District Attorney’s Office.

D. If, during the investigation of a family disturbance situation, it is determined a violation of a protective order or a condition of bond has occurred, Subsection .06 of this procedure will be followed.

.03 TYPES OF COURT ORDERS PROHIBITING FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE, STALKING OR TRAFFICKING

A. Temporary Protective Order
A temporary order entered by a court when the court finds from the information contained in an application for protective order there is a clear and present danger of family violence Sexual assault or abuse, stalking, trafficking, or other harm to the applicant sexual assault or abuse may enter a temporary order, also known as “Temporary Ex-Parte Order”, for the protection of the applicant or any other member of the family or household of the applicant.
This temporary protective order will only be enforceable when it has been served on the respondent.
Verification of service is confirmed through the Communications Unit, information channel.

B. Magistrate’s Order For Emergency Protection
An emergency order entered by a magistrate directed to a person who has been arrested for an offense of family violence, sexual assault or abuse, aggravated sexual assault, stalking or trafficking, prohibiting the person from committing further acts of family violence, sexual assault or abuse, stalking or trafficking or having harassing or threatening contact or going near the protected person’s residence, place of employment, child care facility, or school.

C. Protective Order
An order of the court directed to a person after family violence, sexual assault or abuse, stalking or trafficking has occurred issued to prevent an individual from engaging in violent or threatening acts against, harassing, contacting or communicating with a protected individual or being in physical proximity to another individual in a protected location.

D. Certain Court Orders or Conditions of Bond
A condition of bond set in a family violence, sexual assault or abuse, stalking, or trafficking case by the Magistrate and related to the safety of the victim or the community.

A

.04 DURATION OF PROTECTIVE ORDERS
A. Temporary Orders
1. A temporary order is valid for the period specified in the order, but does not exceed twenty (20) days.

  1. On the request of an applicant or on the court’s own motion, a temporary order may be extended for additional twenty (20) day periods.

B. Magistrate’s Orders For Emergency Protection
1. A magistrate’s order for emergency protection is valid on issuance and remains in effect until the sixty-first (61st) day but not less than 31 days after the date of issuance.
An order can last up to 91 days, if so ordered by the Magistrate when a deadly weapon was used or exhibited during the commission of the assault.

  1. When additional protection is necessary, a protective order may be requested prior to the expiration of the magistrate’s order for emergency protection.
  2. Time periods will usually be specified in the magistrate’s order for emergency protection.

C. Protective Orders
1. A protective order, unless otherwise specified within the order, is valid for two (2) years from the date the original order was granted by the court.

  1. A protective order is not modified to extend its validity beyond the two (2) year period.
  2. A protective order can last for a lifetime if there are reasonable grounds to believe that the applicant is the victim of sexual assault or abuse, stalking, or trafficking and ordered by the Court.
  3. A protective order might also be extended if the offender was incarcerated at any time during the life of the protective order.

D. Certain Court Orders or Conditions of Bond

  1. A court order or a condition of bond is valid until the case is adjudicated or the court order or condition of bond is rescinded.
496
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 603 – Protective Orders/Conditions of Bond

.05 COMPUTER SEARCHES AND LOCATIONS FOR PROTECTIVE ORDERS

A. Officers will be notified of the issuance of a Protective Order when a person’s
identity is checked using the Mobile CAD system.

B. Officers requesting detailed information concerning protective orders, temporary orders, or magistrate’s orders for emergency protection may contact the Communications Unit Information Channel to obtain information on all types of protective orders and conditions of bond in applicable cases.

C. As a backup when the computer system is not functioning, a copy of protective orders, temporary orders, and magistrate’s orders for emergency protection are kept on file in the Communications Unit.

D. Copies of magistrate’s conditions of bond in a family violence case will be handled in the following manner:

  1. When a person’s identity is checked on a laptop, a high priority return will advise the officer of the issuance of a condition of bond associated with this person. This return will advise officers as to what specific conditions of bond has been ordered by the court.
  2. If the officer determines that an individual has violated the condition of bond as listed on the return, the officer or dispatcher will call the Magistrates Office at 210-335-1371 to verify the condition of bond is still active.
  3. If the bond is active, the officer will arrest the individual and proceed in accordance with GM 601, Prisoners.
  4. The officer will get a hard copy of the bond at the Magistrate’s office and attach it to his paperwork when booking the individual.

E. It is possible for a protective order, temporary protective order, or magistrate’s order for emergency protection to exist and not be in the computer system or on file in the Communications Unit files due to a time lapse between the time an order is issued and the time it reaches the Department.
In these cases the officer must see the complainant’s copy of the protective order or magistrate’s order for emergency protection, or temporary protective order before making an arrest.
Temporary protective orders must have been served on the respondent in order to be a violation of Penal Code 25.07.

.06 ARRESTS FOR VIOLATIONS OF PROTECTIVE ORDERS, CONDITIONS OF BOND, OR MAGISTRATE’S ORDERS

A. Notification by the Communications Unit or via an electronic return that a protective order, temporary protective order, or magistrate’s order for emergency protection or a condition of bond is active and knowledge of the person involved, coupled with a violation of the order, allows an officer to arrest for violation of a protective order, magistrate’s order for emergency protection or temporary protective order or condition of bond. In the case of a temporary protective order, verification of service on the respondent is required prior to arrest.
Whether or not a temporary protective order has been served may be verified through the Communications Unit information channel.

B. Protective orders and magistrate’s orders for emergency protection, and temporary protective orders or condition of bond may contain numerous prohibitive terms.
Generally, a person commits a Class A misdemeanor if, in violation of a protective order or magistrate’s order for emergency protection or temporary protective order or condition of bond, he knowingly or intentionally:

  1. Commits family violence; (3rd degree felony PC 25.07)
  2. Communicates:
    a. Directly with the protected individual or a member of the family or household in a threatening or harassing manner;
    b. A threat through any person to a protected individual or member of the family or household; or
    c. In any manner with the protected individual or member of the family or household except through the person’s attorney or a person appointed by the court, if the order prohibits any communication with a member of the family or household;
  3. Goes to or near any of the following places as specifically described in the protective order:
    a. The residence or place of employment or business of a member of the protected individual, a family or household; or
    b. Any child care facility, residence, or school where a child protected by the protective order normally resides or attends; or
  4. Possesses a firearm.
  5. Harms, threatens, or interferes with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by a person protected by the order.

C. If an officer, establishes probable cause to believe a person has committed an offense prohibited by Chapter 25.07 of the Texas Penal Code, Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse Case, Stalking or Trafficking case, and the offense included the use or possession of a weapon, an assault, threats of bodily injury or the offender has a history of family violence, the following shall occur:

  1. The officers will arrest the offender without a warrant when the offense is committed within the officer’s presence or view; or
  2. If the offender is no longer at the scene, the officer will exhaust all reasonable efforts to locate the offender and make a warrantless arrest if the offender is located.
    In no event should a reasonable amount of time exceed two hours.
  3. If the officer is unable to locate and arrest the offender without a warrant within a reasonable amount of time, the officer will begin efforts to secure a warrant for the arrest of the offender.
    Officers will include details in their offense report which reflect the efforts made to arrest the offender without a warrant, and a statement recommending a warrant of arrest be obtained for the offender.
    In all cases where a warrant of arrest is recommended, the officer will notify the appropriate follow up unit, and detail the name of the detective or officer contacted in the details of his offense report

D. A reasonable effort to locate the offender will include searching for the offender at locations he is known to frequent in an effort to secure his warrantless arrest.
In no event should a reasonable amount of time exceed two hours.

NOTE: This policy does not prohibit officers from making warrantless arrests in other circumstances, where probable cause exists for the arrest of a family violence offender.

E. In cases where a warrant of arrest will be obtained for a violation of Texas Penal Code 25.07 officers are responsible for notifying the appropriate unit and providing that unit with the officers’ report.
The respective substation CRT Officers will prepare warrants during their business hours.
The Special Victims Unit or Night CID Unit will prepare warrants at all other times.

F. Officers should be aware there are private attorneys who may obtain protective orders on behalf of their clients.
As a result, some protective orders may enumerate prohibited conduct which does not constitute a violation of Chapter 25.07 of the Texas Penal Code.
Officers are only authorized to arrest an offender who violates a protective order by engaging in conduct prohibited by Chapter 25.07 of the Texas Penal code.

  1. In determining whether to arrest, with or without a warrant, officers should read the protective order carefully. Conditions listed as prohibited conduct in any protective order must also be prohibited conduct in Chapter 25.07 of the Texas Penal Code in order to constitute an arrestable offense.
  2. Additionally, conditions enumerated in Chapter 25.07 of the Texas Penal Code as prohibited conduct must be specifically enumerated in any protective order in order to constitute an arrestable offense.

1st Example: If the actor drives by the neighborhood grocery store, observes the protected person’s vehicle parked in the parking lot, and slashes the tires on the vehicle, there is no violation of the protective order. Even if the protective order specifically states the actor cannot cause damage to the protected person’s property, this conduct is not prohibited by Chapter 25.07 and should be handled as Criminal Mischief.

2nd Example:
The actor is in possession of a firearm when he drives by a residence where the protected person is staying temporarily.
Upon examining the protective order, possession of a firearm is not listed as prohibited conduct within its body. Although Chapter 25.07 specifically enumerates possession of a firearm as prohibited conduct, because it is not enumerated in the body of the protective order, it is not a violation of that order. While the actor may be arrested for a weapons offense violation, he cannot be arrested for the violation of the protective order.

G. In the event the offender’s conduct does not constitute a violation of Chapter 25.07 of the Texas Penal Code, the officer will handle the incident in the same manner as any civil matter.

H. Reconciliatory actions or agreements made by the persons affected by the order, do not affect the validity of the order or the duty of a peace officer to enforce a violation of Chapter 25.07 of the Texas Penal Code. A protected person may not be arrested for a violation of the order in which they are protected.

I. It is a Third Degree Felony if;

  1. The offender has previously been convicted under Chapter 25.07 two or more times or;
  2. Has violated the order or conditions bond by committing an assault or the offense of stalking.

J. Persons arrested for violations of protective orders, magistrate’s orders for emergency protection or temporary protective orders or violations of conditions of bond are processed in accordance with GM Procedure 601, Prisoners.

A

.07 PROCEDURE FOR VIOLATIONS OF TEMPORARY PROTECTIVE ORDERS

A. Persons in violation of temporary protective orders shall be arrested for violations of the order.
B. Officers, as directed by the temporary protective order, may be required to do the following:

  1. To accompany the person obtaining the order to the residence covered by the order while the person takes possession of the residence;
  2. If the person excluded from the residence occupies the residence, to inform the person the court has ordered the person excluded from the residence;
  3. Protect the person obtaining the order while they take possession of the residence; and
  4. If the person excluded from the residence refuses to vacate the residence, stand by while the person who has obtained the order takes possession of their necessary personal property.

.08 REPORT RESPONSIBILITIES

A. An offense report is prepared whether or not an arrest is made for a violation of a protective order, magistrate’s order for emergency protection, temporary protective order, or condition of bond in a family violence, sexual assault, stalking or trafficking case. The offense is carried as a violation of P.C. 25.07, Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Stalking or Trafficking case.

  1. The court which issued the protective order is listed as the complainant;
  2. The person(s) protected by the court order is listed as either the reporting person(s) or as witness(es) to the violation of the court order;
  3. The details of the offense report list the specific violation(s) of the protective order; and
  4. A copy of the protective order, temporary protective order, condition of bond, or magistrate’s order for emergency protection is attached to the copy of the offense report submitted to the Magistrate’s Office.

a. Officers may photocopy the protective order, temporary protective order, condition of bond, or magistrate’s order for emergency protection on file in the Communications Unit.
In the case of temporary protective orders, officers will attach a print out of the verification of service; or

b. Officers may photocopy the reporting person’s copy of the protective order or magistrate’s order for emergency protection, which shall be returned to the reporting person before checking into service.
In the case of a temporary protective order proof of service on the respondent must be included.

B. When an arrest is made for an act of family violence, sexual assault, stalking or trafficking, the officer shall obtain necessary information to obtain a magistrate’s order for emergency protection in the event the complainant, the officer, an attorney, or a magistrate requests a magistrate’s order for emergency protection while the arrested person is being magistrated.

C. Information necessary for the officer to obtain to apply for a magistrate’s order for emergency protection includes the following:

  1. Names of individuals, including children, covered by the court’s order (dates of birth are also necessary);
  2. Addresses and telephone numbers of residence and place of employment;
  3. Addresses and telephone numbers of child care facilities or schools attended by children; and
  4. The distance, in yards, necessary for the respondent to maintain for the protection of the victim.

D. Officers responding to family disturbance calls or other violent situations where family violence is evident or suspected shall comply with Procedure 604 – Family Disturbances/Violence.

497
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 603 – Protective Orders/Conditions of Bond

.09 OFFICER/UEDI RESPONSIBILITIES
A. Patrol Division Officers/UEDIs

  1. Make the scene of family violence/violation of protective order or bond calls to make the appropriate report;
  2. Verify through the communication unit, the validity of the protective order or the presence of a condition of bond or call the Magistrate’s office at (210) 335-1371 in situations involving a violation of a condition of bond;
  3. Use caution when contacting the parties. Inquire into the presence or possession of firearms.
  4. If a firearm is found to be at the location and the suspect is out on bond for a family violence offense, determine if this is a violation of a court order or a condition of bond.
    The verification of the order can be done by contacting CRT, Special Victims Unit, or the Information Channel.
  5. If a court order is found on the suspect, determine if he is in possession of a firearm.
  6. If a violation of law is found, make the appropriate arrest.
  7. Refer to Procedure 701, Crime Scene Duties, if a weapon is suspected of being used in a felony offense.
  8. Place weapons taken as evidence in the property room as directed in GM Procedure 606, Impounding Property, if weapon is not suspected of being used in a felony offense.
  9. Officers may seize firearms if there is a fear that the weapon will be used in a criminal act in the future.
    Officers must have the legal authority to seize firearms.
    Officers will refer to Procedure 502 regarding warrantless seizures.
    Officers should seek the guidance of their supervisor if further doubt exists.
  10. Officers and UEDIs will inquire into the presence of firearms at the location and will discuss safety options with the victims and persons present at the location. Safety options include, but are not limited to, placing the firearms in the property room to prevent the suspect from gaining access to the firearms.
    All safety options discussed with the victim must be documented in the police report.
  11. If the victim has visible injuries due to a violation of a protective order or condition of bond which included an assault, check with the dispatcher to see if a UEDI/Crime Scene Unit Investigator is available.
    If a UEDI/Crime Scene Unit Investigator is available, wait until the investigator is completed with the collection of any evidence, including taking pictures of the victim and his/her injuries;
  12. Provide the victim of family violence with SAPD Form #2089-DV, Domestic Violence Supplemental Form and the SAPD Form #2089-TA, Family Violence Threat Assessment Checklist for the victim to complete;
  13. If no UEDI/Crime Scene Unit Investigator is available, advise the victim they must report to the local substation at their earliest opportunity to have photographs taken of their injuries.
    Services to victims of family violence/violation of a protective order, will be provided at the substations seven (7) days a week, twenty-four (24) hours a day; and
  14. Adhere to this procedure regarding arrests and information collection.
    Complete and file the appropriate report.

B. UEDIs/Crime Scene Unit Investigators
1. For a felony violation of a protective order or condition of a bond offense, process the scene in accordance with GM Procedure 701, Crime Scene Duties.

  1. Upon receiving a call for misdemeanor violation of a protective order or conditions of bond involving family violence shall make the scene and contact the officer assigned the call;
  2. When available, respond and take pictures of the victim and his/her visible injuries.
    Also, take pictures of any crime scene, if one is present;
  3. Write the appropriate crime scene search report and package it along with SAPD Form #2089-DV which has been filled out and signed by the victim, to the Special Victims Unit.
  4. Complete and route the SAPD Form #2089-TA Family Violence Threat Assessment Checklist to the CRT Office at the appropriate substation.
A

C. Police Service Agents

  1. When a victim of family violence/violation of a protective order or conditions of bond presents his/herself at a substation, the police service agent will first determine whether an offense report has already been made.
    a. If no report has been made, the police service agent will have a CRT officer, if available, or an officer come in from the field to make the report.
    b. If an offense report has been made, the police service agent will request a UEDI/ Crime Scene Unit Investigator come in from the field to take photographs and complete SAPD Form #2089-DV.
    c. In the event that a UEDI/Crime Scene Unit Investigator is not available, the police service agent will have the victim complete SAPD Form #2089-DV and take digital pictures of the victim and his/her injuries.
    d. The police service agent will refer to GM Procedure 408, Digital Photography, for handling of Digital Images.
    e. The police service agent will then package the completed SAPD Form #2089-DV along with any photographs and route to the Special Victims Unit.
    f. The police service agent will complete and route the SAPD Form #2089-TA Family Violence Threat Assessment Checklist to the CRT Office at the appropriate substation.

D. Crisis Response Team

  1. When a crisis response team member makes a location where a victim of family violence/violation of protective order/condition of bond is injured due to an assault and has not had pictures taken and/or has not filled out SAPD Form #2089-DV, the CRT shall provide the form for the victim to complete and take pictures of the victim and any injuries.
  2. Digital images will be handled in accordance with GM Procedure 408, Digital Photography.
  3. The crisis response team will route the completed SAPD Form #2089-DV and a copy of the offense report, if available, to the Special Victims Unit.
  4. The CRT will complete the SAPD Form #2089-TA Family Violence Threat Assessment Checklist and
  5. Provide for the victim’s safety per the CRT Standard Operating Procedures.
  6. A court may order a suspect in a family violence case or a violation of a protective order, temporary ex- parte order or condition of bond order case to turn over firearms to the police department.
  7. Upon order of the Court, property room, personnel, the assigned CRT substation personnel, and the designated third party assigned by the court will coordinate the surrender of any firearms, as ordered by the court.
    The assigned CRT substation personnel will return the required documents to Pretrial Services, as instructed by the court.
  8. Pursuant to the court order, a firearm may not be returned to a suspect except by further order of the court.

E. Special Victims Unit
1. Upon receipt of the packets from the UEDIs/Crime Scene Unit Investigators, police service agents, or crisis response teams, a supervisor shall inspect the information included in the packets for completeness.

  1. Cases where further information is required, shall be assigned to a detective to complete.
  2. Criminal cases will be investigated in accordance with the SOP of the Special Victims Unit.
  3. Should a victim of family violence/violation of protective order/condition of bond present his/herself to the Special Victims Unit, the detective with walk-in case responsibility shall handle the case according to the SOP of the Special Victims Unit.
498
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San Antonio Police Department
GENERAL MANUAL
Procedure 604 – Family Disturbances/Violence

.01 INTRODUCTION
Preservation of the peace in family disturbances is perhaps the most sensitive area of law enforcement and presents the greatest challenge and risk to officers.
To be effective, officers must not only be cautious, but also be firm in their actions and courteous as well as tactful in their manner.
Therefore, this procedure will give officers guidelines in the proper handling of family disturbances and family violence incidents.

.02 POLICY
It is the policy of the San Antonio Police Department to respond to requests for assistance in family disturbance or family/dating violence situations in order to quell potential violence by protecting potential victims from harm, advising them of their rights, offering follow-up and social service information and services, and, when necessary, apprehending criminal offenders.

.04 DISCUSSION
A. The San Antonio Police Department continues to collaborate on improving our service to victims of family violence.
This begins by placing increased emphasis on our response to instances of family violence.
This includes walking warrants of arrest for family violence offenders. In an effort to seek appropriate alternatives to immediately securing an arrest warrant, a decision has been reached to use the statutory arrest authority granted to Texas Peace Officers in Chapter 14 of the Code of Criminal Procedure.

B. The Texas Code of Criminal Procedure, Article 14.03 (a) (4) authorizes peace officers to arrest without warrant, those persons who the peace officer has probable cause to believe have committed an offense involving family violence.
It is not necessary the family violence offense occur within the presence of the officer.
Additionally, the warrantless arrest can occur at a place and time other than the location of the offense.

C. This procedure is a cooperative effort between the Patrol Division, the Special Victims Unit, the Victims Advocacy Section, the Crime Scene Unit, the Service and Security Agents Office, the Bexar County District Attorney’s Office, and the Texas Department of Family and Protective Services in order to:

  1. Enable service providers the ability to serve a greater number of victims of family violence;
  2. Provide better customer services to victims of family violence by enabling the victims to come to the substation nearest their home;
  3. Reduce the number of family violence cases through early law enforcement intervention as well as provide services to victims of family violence in a timely manner;
  4. Report and investigate suspected child abuse and neglect; and
  5. Ultimately, enable the San Antonio Police Department to file more cases for family violence with the Bexar County District Attorney’s Office.

D. The procedures which follow are not intended to establish hard and fast rules on how to handle the wide variety of family quarrels.
Officers must apply common sense and logic in their resolution of family disturbances and rely on this procedure for guidance.

A

.05 GENERAL PROVISIONS
A. If an officer establishes probable cause to believe a person has committed an offense involving family violence, and the offense includes the use of a weapon, choking of the victim or the offender has a history of family violence, officers are to make a reasonable effort to arrest the offender without a warrant.
This includes searching for him at locations he is known to frequent, in an effort to secure his warrantless arrest.
This policy does not prohibit officers from making warrantless arrests, in other circumstances, where probable cause exists for the arrest of a family violence offender.
If a question arises as to whether an arrest should be made, officers contact their supervisors for guidance.
B. In family violence cases where the offense included the use of a weapon, choking of the victim or the offender has a history of family violence, and the effort to arrest him/her without a warrant was not successful, officers should begin making efforts to secure a warrant of arrest for the offender.
Officers should include details in their offense report which reflects the efforts made to arrest the offender without a warrant, and a statement recommending a warrant of arrest be obtained for the offender.
C. In cases where a warrant of arrest will be obtained, officers are responsible for notifying the appropriate unit and providing that unit with the officers’ report.
Generally, SVU or the Night CID Unit will prepare all felony warrants and CRT Detectives will prepare misdemeanor warrants. However, there could be mitigating circumstances that allow detectives to deviate from this policy when necessary and approved.
These circumstances should be documented appropriately.

D. In cases involving any felony offense where an arrest is made, or there is a suspicion of an offense involving a child victim, the Special Victims Unit or the Night CID Unit is immediately notified.
Officers will contact the follow-up unit prior to the release of any witnesses, complainants and prior to the transporting and booking of the actor.

E. Officers have several available methods of contacting the Special Victims Unit, including:
1. Contacting the Special Victims Unit detectives on the Central Patrol radio channel;

  1. Calling the Special Victims Unit office at 207-2313, 7 days per week from 0500 - 1745; a. After 1745, officers may contact the NCID offices at 207-7389.
  2. Contacting the Communications Unit, where the Special Victims Unit detectives’ cell phone numbers are listed.

F. Officers may contact Crisis Response Team (CRT) staff members at the officers’ respective substations via the dispatcher or by calling the Service Agent.
G. If a protective order or violation of family violence bond is discovered during the investigation of a family disturbance situation or if a mentally ill person is involved, officers should refer to GM Proc 603, Protective Orders, or GM Proc 611, Mentally Ill Persons.
H. If it is determined a sexual assault, aggravated sexual assault or indecency with a child occurred, officers will refer to GM Proc 703, Handling of Sexual Assault Complaints.
I. In domestic disputes, officers are frequently confronted with conditions which appear to be both civil and criminal.
It should be made clear the Department does not participate in civil matters.
Officers confronting civil disputes offer practical suggestions or refer the parties to the appropriate agencies, remaining aware that the objective is to restore and maintain the peace.
1. If a responding officer believes that a domestic dispute or civil matter may potentially lead to a family/domestic violence incident, the reporting officer shall document in his report the basis for his belief.
2. The officer shall provide a hard copy of his report to the CRT Office where the reporting officer is assigned.
J. The Special Victims Unit shall provide family violence training to Police Service Agents, Crisis Response Teams and Crime Scene Unit Investigators.

499
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San Antonio Police Department
GENERAL MANUAL
Procedure 604 – Family Disturbances/Violence

.06 UNIT/OFFICER RESPONSIBILITIES REGARDING ADULT VICTIMS OF FAMILY VIOLENCE

A. Patrol Division Officers:

  1. Make the scene of family violence calls and identify as early as possible any complainants, witnesses (this should include both adults and children), and suspects to include in a family violence report;
  2. The entire call should be captured on COBAN and Body Worn Camera’s by all responding officers.
  3. Use caution when approaching the scene and contacting the parties.
    Officers shall inquire into the presence or possession of firearms.
    Once the responding officer(s) is satisfied that a reported family violence scene is safe/secured, the officer:
    a. Should determine if any person requires medical attention, and request EMS as needed.
    Victims of choking or strangulation should be advised to seek medical attention as needed due to symptoms can occur up to 36 hours after the incident;
    b. With the assistance of other officers, separate possible victims, witnesses, and suspects;
    c. Should interview all parties to assess injuries, including those that may be concealed by clothing or otherwise not readily apparent.
    Only female members will be authorized to view and document concealed injuries on female victims;
    d. With the explicit consent of the complainant, shall assess the potential for further violence or injury by completing the “Family Violence Threat Assessment” checklist (SAPD form 2089-TA) for all family violence to include assault contact, terroristic threats and harassment that involves family violence.
    Depending on the victim’s responses and the officer’s professional judgment, the officer may encourage or recommend that the victim re-locate to a safe environment or may recommend other appropriate interventions.
    The officer should consult with on duty CRT, SVU, NCID, Victim’s Advocacy Unit and/or the appropriate shelter provider for available social services or re-location options should the complainant decide to re-locate.

i. If a victim refuses, is unwilling, or is unable to provide responses to the “Family Violence Threat Assessment” checklist, the officer shall document the circumstances in his report and check “Refused” on the form.
Victims of family violence should not feel compelled to provide responses to this questionnaire.

ii. If the victim(s) consents to respond to the “Family Violence Threat Assessment” checklist items, the handling officer completes the checklist, scores the responses and refers to the “Family Violence Threat Assessment Score & Responses” continuum, which is located on the back of the checklist for guidance on what recommendations to make to the victim(s).
If the officer calculates a score of 22.5 or greater, the officer shall call the Family Violence & Prevention Services office (AKA Battered Women’s & Children’s shelter) at 210.733.8810 and notify staff of the situation and ask for further guidance.

iii. The original “Family Violence Threat Assessment” checklist shall be submitted to the appropriate CRT office with a copy of the officer’s report, whether or not the victim responded to the questionnaire.
The officer should request of the victim to acknowledge consent or refusal to respond to the checklist by signing the checklist.
No victim shall be compelled to sign the checklist if they do not wish to do so.

e. Should the victim/complainant refuse to re-locate upon recommendation, or refuse follow-up, shelter, or other social services, the officer shall document these details in his report, using direct quotes if necessary.
f. Shall not use mediation or encourage reconciliation at the scene as a substitute for appropriate reporting and enforcement action when physical violence has occurred.

g. Shall provide the victim/complainant with a completed “Notice to Adult Victims of Family Violence” and should always refer the victim/complainant to CRT for misdemeanor case follow-up or the Family Violence & Prevention Services office before leaving the scene.
For cases that will go to SVU, officers should advise the victim that SVU will contact them once the case is received in and is assigned to an SVU detective. If the victim has not heard from SVU within 3 days, they should contact the SVU office (210) 207-2313.
h. May transport an ambulatory victim(s) to CRT, SVU, NCID, a designated shelter, or an alternative safe location as circumstances dictate or if a victim requests to be transported to a shelter.

i. The Family Violence & Prevention Services office is available 24/7, and officers are encouraged, but not required to call 210-733-8810 when transporting victims of family violence to the shelter.
The Family Violence & Prevention Services office provides services only for victims of family violence and officers shall not transport individuals for merely being homeless and/or in mental health crisis.

ii. All officers, when transporting victims, obtain a time check from the dispatcher upon leaving the scene, upon incurring any delays along the route, and upon arrival at the destination.
In addition to time checks, officers furnish their vehicle odometer reading to the dispatcher upon leaving the scene and upon arrival at the destination.

iii. Juvenile victims are not transported in the same police vehicle as adult victims, unless they have a husband/wife, parent/child, brother/sister or other familial relationship.
Male officers transporting female juvenile victims do so only with the help of a secondary officer riding in the same police vehicle.

A
  1. If a firearm is found to be at the location and the suspect is out on bond for a family violence offense, determine if this is a violation of a court order or a condition of bond. The verification of the order can be done by contacting CRT, Special Victims Unit, or the Communications Unit Information Channel.
  2. If a protective order is found on the suspect or if the suspect is in violation of the order in any manner, determine if he is in possession of a firearm.
  3. If a violation of law is found, make the appropriate arrest and all details of the violation shall be included in the required reports.
  4. If a weapon is suspected of being used in a felony offense, refer to Procedure 701, Crime Scene Duties.
  5. Place weapons taken as evidence in the property room as directed in GM Procedure 606, Impounding Property,
    if weapon is not suspected of being used in a felony offense.
  6. Officers may seize firearms if there is a fear that the weapon will be used in a criminal act in the future. Officers must have the legal authority to seize firearms. Officers will refer to Procedure 502 regarding warrantless seizures.
    Officers should seek the guidance of their supervisor if further doubt exists.
    Officers should encourage the voluntary surrender of any firearm at the scene and impound the firearm(s) as personal property.
  7. If the victim has visible injuries, check with the dispatcher to see if a Crime Scene Unit investigator/UEDI is available. If a Crime Scene Unit investigator is available, wait until the Crime Scene Unit investigator is completed with the collection of any evidence, including taking pictures of the victim and their injuries.
  8. If a Crime Scene Unit investigator/UEDI is unavailable, advise the victim in order to file charges of assault bodily injury (family violence) against the suspect, they must report to the local substation at their earliest opportunity. Services to victims of family violence will be provided at substations seven (7) days a week, twenty-four (24) hours a day.
  9. Check the suspect’s criminal history to determine if a family violence felony offense or violation of condition of bond has been committed.
  10. Transport complainants, suspects and witnesses to the follow up unit, when requested by the follow up unit or CRT staff.
  11. Present warrants for arrest to the magistrate and properly log the warrants in with the Bexar County Sheriff’s office, when instructed to do so by the follow up units.
  12. Complete and file the appropriate report, and shall provide a hard copy of the report to the CRT Office where the reporting officer is assigned.
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San Antonio Police Department
GENERAL MANUAL
Procedure 604 – Family Disturbances/Violence

B. UEDI/ Crime Scene Unit Investigator:
1. [SWORN] Upon receiving a call for family violence shall handle the call following the steps outlined above in .06 A. 1-15 or contact the Patrol Division officer assigned to the call;

  1. When available, respond and take pictures of the victim and his/her visible injuries.
    If an Alternate Light Source (ALS) is needed for the processing of evidence, call ahead to ensure a Crime Scene Investigator is available for preparation of the equipment and to take the photographs.
    Also, process any crime scene, if one is present. When possible, photograph the suspect for either injuries or the lack thereof ;
  2. Provide SAPD Form #2089-DV, Domestic Violence Supplemental Form to the victim for completion;
  3. Write the appropriate crime scene search report and package it along with SAPD Form #2089-DV which has been filled out and signed by the victim. Route the SAPD Form #2089-DV to the Special Victims Unit and the “Family Violence Threat Assessment” checklist, SAPD Form #2089-TA, along with a copy of SAPD Form #2089-DV to the CRT Office, at the appropriate substation;
  4. Occasionally, a Crime Scene Unit Investigator will go to an area substation to obtain pictures of a victim of family violence. If this occurs, they will follow Subsection.06B3-4 of this procedure.

C. Police Service Agents:
1. When a victim of family violence presents his/herself at a substation, the Police Service Agent will first determine whether an offense report has already been made.

  1. If no report has been made, the Police Service Agent will have a Crisis Response Team (CRT) officer, if available, or an officer come in from the field to make the report.
  2. If an offense report has been made, the Police Service Agent will provide the victim with SAPD Form #2089- DV and have the victim complete the form.
  3. If neither a UEDI/ CSI nor CRT member are available, the Police Service Agent will take digital pictures of the victim and his/her injuries and refer to Procedure 408, Digital Photography, for the handling of digital images.
  4. The police service agent will then package the completed SAPD Form #2089-DV along with any photographs and route all documents to the Special Victims Unit.
  5. The police service agent will inform the responding officer of what actions have been taken and that the “Family Violence Threat Assessment” checklist has not been completed.
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D. Crisis Response Team:

  1. When a Crisis Response Team makes a location where a victim of family violence has not had pictures taken and/or has not filled out SAPD Form #2089-DV the CRT shall provide the form for the victim to complete and take pictures of the victim and any injuries.
    Detectives should document all actions taken in a written report.
  2. Digital images will be handled in accordance with GM Procedure 408, Digital Photography.
  3. The Crisis Response Team will route the completed SAPD Form #2089-DV and a copy of the offense report for felony cases, if available, to the Special Victims Unit.
  4. [SWORN] The CRT will complete the SAPD Form 2089-TA (Family Violence Threat Assessment) checklist and provide for the victim’s safety per the CRT Standard Operating Procedures.
  5. If a warrant will be obtained for an actor for a felony offense, the Crisis Response Team will first notify the Special Victims Unit or NCID supervisor so a detective can be assigned to the follow up investigation.
    All documents obtained by the Crisis Response Team, including the warrant, affidavit and offense reports will be forwarded to the follow up unit for inclusion in the case filing paperwork forwarded to the District Attorney’s Office.
  6. A court may order a suspect in cases of family violence, violation of a protective order, temporary ex-parte order, or condition of bond order case to turn over firearms to the police department.
  7. Upon order of the Court, property room personnel, the assigned CRT substation personnel, and the designated third party assigned by the court will coordinate the surrender of any firearms, as ordered by the court. The assigned CRT substation personnel will return the required documents to Pretrial Services, as instructed by the court.
  8. Pursuant to the court order, a firearm may not be returned to a suspect except by further order of the court.

E. Special Victims Unit:

  1. Upon receipt of the packets from the Crime Scene Investigators, Police Service Agents, or Crisis Response Teams, a supervisor shall inspect the information included in the packets for completeness.
  2. Felony Family Violence cases will be assigned to a detective for follow up investigation per the Special Victims Unit SOP.
  3. Detectives should have the victim sign a medical release form for the time period when the abuse occurred and medical treatment was provided.
  4. Should a victim of family violence present his/herself to the Special Victims Unit, the detective with walk-in case responsibility shall handle the case according to the SOP of Special Victims Unit.
501
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 604 – Family Disturbances/Violence

.07 UNIT/OFFICER RESPONSIBILITIES REGARDING CHILD VICTIMS

A. Patrol Division Officers:

  1. Often, cases involving children are called in at locations other than where the suspected abuse occurred, such as a hospital or school.
    Officers respond to the call and immediately notify the follow up unit in accordance with Procedure 708, Follow Up Units.
  2. Officers may interview adult suspects, but Officers will not verbally accuse, directly or indirectly, any person of causing the suspected abuse.
    This is done so the suspect will not become apprehensive and refuse to speak to follow up personnel after the facts of the case are collected and an interview or interrogation can occur with some degree of success.
  3. Officers will ascertain, as near as possible, the location of where the suspected abuse occurred. Officers will relay the information to the follow up unit so the crime scene can be secured and processed, if possible, in accordance with Procedure GM 701, Crime Scene Duties.
  4. Officers will notify the Texas Department of Protective and Regulatory Services through one of the following methods:
    a. Call the specially designated Child Abuse Statewide Intake hotline number for law enforcement at 1- 800- 877-5300;
    b. Make an online report to the Statewide Intake office by logging in to www.reportabuse.ws and following the directions on the website;
    c. Fax a copy of the officer’s report to the Statewide Intake office at 1-800-647-7410.
    d. Officers will document the reference number provided by the Statewide intake in the narrative of their offense report.
  5. Officers will submit a copy of the completed report, by personal delivery, fax, or email to the specific investigating unit, which may be the Special Victims Unit and/or Night CID Unit for felonies or CRT if the incident is classified as a misdemeanor.
    This will be done soon as possible, but by no later than the end of their tour of duty.
  6. Officers investigating an allegation of family violence that involves the discipline of a child/juvenile should make the determination if the force used was justified pursuant to Sec 9.61 of the Texas Penal Code. Officers shall not allow personal beliefs or customs regarding discipline to interfere with their legal judgment.
    a. Officers that make a determination that the force used on the child was unreasonable, resulted in serious bodily injury, or if serious bodily injury is likely, shall contact a supervisor and the appropriate follow-up unit.

B. Crime Scene Unit Investigators:

  1. Process the crime scene in accordance with Procedure 701, Crime Scene Duties;
  2. Photograph the complainant and suspect to document any visible injuries or the lack thereof and document in the report;
  3. Collect and preserve any other evidence which may be apparent or made known to the investigator.

C. Special Victims Unit or Night CID Unit:

  1. Respond to the hospital, school or other location and contact the responding officer, when possible, on all Injury to Child with Serious Bodily Injury cases;
  2. Ensure a Crime Scene Unit investigator is assigned when evidence collection or photographs are necessary; and
  3. Conduct the follow up investigation per the Special Victims Unit SOP.
A

.08 RESPONSE AND APPROACH TO THE SCENE
A. Whenever possible, two (2) officers are dispatched on family disturbance and family/dating violence calls.
An effort should be made to coordinate their arrival at the scene.

B. The primary officer assigned the call should inquire as to the existence of any protective order or conditions of bond on file for the complainant, suspect or other known persons involved.

C. Persons encountered in the immediate vicinity of the scene should be briefly questioned about the incident and the parties involved.

D. Upon arrival, the officers should survey the site and the general surroundings, determine the location of the dispute, and calculate the tactics to be used relative to their safety and the safety of others.

.09 ENTRY INTO PRIVATE PREMISES

A. In the initial contact with the occupants, the officers should identify themselves and explain the purpose of their presence and then request entry. If the complainant is an occupant of the dwelling, the officers should ask to speak with him/her.

B. Consent Entry
1. Officers may enter the premises if consent has been given to do so.
When one of the parties to a family dispute requests police intervention, the officers may enter the premises over the objection of the other party.

  1. However, when one party is locked out by the other party, the officers do not assist the evicted party in forcing entry.
  2. When officers enter a dwelling with the consent of either or both parties, and subsequently both parties request they leave, the officers will do so, unless the officers have probable cause to believe their presence is necessary to prevent family violence or to affect an arrest.
  3. When officers enter a dwelling with the consent of either or both parties, and subsequently one party requests they leave, the officers may remain over the objections of the other party, if the officers have probable cause to believe their presence is necessary to prevent family violence or to affect an arrest.

C. Refused Entry
1. When officers are refused entry to a residence, an attempt is made to speak with the complainant.
The officers may request Communications Unit personnel to call the complainant.
The objective is to ensure the safety of the persons within the dwelling.

  1. The officers should attempt to locate and interview any third party who may be a witness to the dispute to ascertain the degree of the disturbance.
    a. If a breach of the peace occurs, the officer(s) should advise the third party of his right to file a formal complaint.
    b. If the officer(s) have probable cause to believe police intervention is necessary to prevent family/dating violence, the officer(s) should contact their supervisor.
    The officer(s) should move to public property and observe the premises while waiting for the arrival of their supervisor, except in exigent circumstances covered in Subsection .09D, Forced / Emergency Entry.

D. Forced / Emergency Entry
1. Officers may forcibly enter a dwelling only under exigent circumstances and when sufficient probable cause exists that immediate police intervention is imperative to prevent the commission of a felony, loss of life, or serious bodily injury.

  1. Officers must evaluate the following elements when considering a forced entry:
    a. Whether parties involved in the disturbance are armed; and
    b. Whether the probability of harm to the officers or other persons will increase by a forced / emergency entry.
    c. Information given from the 911 call can also be used to determine exigent circumstances.

E. Upon any type of entry, officers need to establish control of the situation by:

  1. Remaining constantly alert for potential weapons; Inquire into the presence of firearms and weapons and secure weapons to protect the officers and persons present at the scene.
  2. Inquiring about the nature of the dispute;
  3. Determining if persons are injured;
    a. Protecting the victim from further injury; and
    b. Requesting medical treatment for the injured;
  4. Identifying the parties involved and other persons present; and
  5. Ensuring the safety of all persons by interviewing the persons in separate areas.
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San Antonio Police Department
GENERAL MANUAL
Procedure 604 – Family Disturbances/Violence

.10 NON-ARREST REMEDIES
A. Temporary Separation/Re-location
In situations where family/dating violence or a violation of a court order has not occurred, officers should suggest/encourage the involved parties to re-locate to a neutral location in an effort to allow the disputants time to regain their composure.
Officers may provide courtesy rides to any of the parties to a local shelter, hotel, or an alternative safe location if necessary, and shall notify the dispatcher over the radio of the projected location and beginning and ending mileage of the transporting officer’s police unit.

B. Referrals / Criminal Complaints / Protective Orders

If counseling is requested by either party involved in the dispute or if the victim requests assistance in filing a criminal complaint or obtaining a protective order, they shall be referred to the SAPD Victims Advocacy Office and/or the Family Justice Center.

C. If chronic alcoholism is involved in
the family disturbance:
1. The parties may be referred to medical counsel or the appropriate social service agency; or
2. The complainant may be referred to legal counsel regarding the filing of an alcoholic commitment petition.

D. When officers are requested to enter a private premises and remain while a spouse, who is separating, removes his/her personal effects from the premises, the officers’ only responsibility is to ensure neither party assaults the other.

  1. If a dispute arises as to what property may be removed, the officer refers the persons to their attorneys, as violation of community property rights is a civil matter.
  2. If one party alleges a theft or violation of a property settlement is being committed, or his/her property is being damaged or destroyed, the officer should advise the party to contact their attorney.

E. When damage to property is threatened or has been committed, the officers do not make an arrest since a violation of community property rights is a civil matter.
The officers warn the disputants such damage to property could develop into a criminal act. The officers should advise the party to contact their attorney.

F. In situations where one spouse alleges the other is involved in a violation of morals or other lewd act with a third party, the officer cannot enter a premises to obtain evidence. There is no law making adultery a criminal offense in the State of Texas.
The complainant is advised by the officers to consult an attorney.

.11 CUSTODIAL ARRESTS

A. When an assault is committed in the officers’ presence, the officers shall affect an arrest.

B. When an assault has been committed against a child and constitutes injury to a child, the officers refer to Section .07 of this procedure.

C. When an assault has been committed prior to the officers’ arrival, the officers should give strong consideration toward affecting an arrest when:

  1. Bodily injury resulted and the officer has probable cause to believe the actor committed the offense;
  2. The assault was committed with a deadly weapon or by strangulation; or
  3. Serious bodily injury resulted.

D. When circumstances reasonably show threatened violence may occur; the officers may affect an arrest to prevent the threatened violence, provided the threat occurs in the officers’ presence or view.
Officers should remain flexible when dealing with situations involving threats only, since the resourceful application of non-arrest remedies usually enables the officers to settle the immediate dispute and minimize the possibility of violence without affecting an arrest.

E. When physical injury is threatened against a child but has not been inflicted, the officer should inform the threatening party he will commit a felony if he carries out the threat.
Officers may affect an arrest, even when the threat occurs outside of the officer’s presence or view, when circumstances reasonably show it is necessary to prevent the assault. Officers will comply with Section .07 if an arrest is made.

F. Officers and UEDIs will inquire into the presence of firearms at the location and will discuss safety options with the victims and persons present at the location.
Safety options include, but are not limited to, placing the firearms in the property room to prevent the suspect from gaining access to the firearms.

G. Officers may affect an arrest for any other violation(s) that they have the probable cause and legal authority to make.
Examples of other possible offenses that may be encountered during a Family Violence call include
PC 46.04 Unlawful Possession of a Firearm and
PC 42.062 Interference with Emergency Telephone Call.

.12 FAMILY DISTURBANCE OR FAMILY/DATING VIOLENCE CALLS INVOLVING SWORN MEMBERS

A. Any officer responding to a family disturbance or family/dating violence call involving a sworn member of this Department, in addition to following the guidelines listed in this procedure, shall request the presence of a supervisory officer.

B. The supervisory officer notified of a sworn member’s involvement in a family disturbance or family/dating violence call shall respond to the scene and assess the situation.

C. If the incident warrants a custodial arrest of a sworn member, the supervisor shall notify command officers in accordance with GM Procedure 314, Command Notification.

  1. The highest ranking command officer to respond to the scene shall be the approving authority for any custodial arrest; and
  2. The supervisor, in Blue Team, shall forward copies of all offense, incident, or supplemental reports, including all details of the call, through the chain of command and to the Deputy Chief of the arrested officer.

D. If the incident does not warrant a custodial arrest of a sworn member, the supervisor assigned to the incident shall submit copies of all offense, incident, or supplemental reports through their chain of command utilizing Blue Team in accordance with Procedure 303.09.

E. The Internal Affairs Unit, upon receiving documentation through Blue Team of a sworn member being involved in family/dating violence incident, shall conduct a thorough investigation of the incident and report their findings to the Complaint and Review Board.

F. The Internal Affairs Unit, upon receiving documentation through Blue Team of a sworn members being involved in family disturbance incident, shall conduct an administrative review of the incident to determine if there are disciplinary issues which need to be addressed through the Complaint and Review Board.

A

.13 SWORN MEMBERS CHARGED OR CONVICTED OF A CLASS C MISDEMEANOR CRIME OF FAMILY/DATING VIOLENCE OR WHO ARE SUBJECT TO A PROTECTIVE ORDER OR CONDITION OF BOND IN A FAMILY VIOLENCE CASE

A. In accordance with federal statute, it is unlawful for anyone, including a sworn member of this Department, convicted of a Class C misdemeanor crime of family/dating violence or who becomes the subject of a protective order to possess or transport any firearm or ammunition.

B. Notification Responsibilities

  1. Any sworn member who becomes a suspect in a Class C misdemeanor crime of family/dating violence shall notify their immediate supervisory, in writing as soon as possible.
  2. Any sworn member arrested or charged with a Class C misdemeanor crime of family/dating violence shall notify the Office of the Chief in writing in accordance with Rule and Regulation 3.35.
  3. Any sworn member who becomes the subject of a protective order or condition of bond in a family/dating violence case shall immediately notify a supervisory officer in writing, who will ensure the officer is placed on administrative duty pending further investigation.
  4. Any sworn member convicted of a Class C misdemeanor crime of family/dating violence or having a conviction prior to the effective date of this procedure shall immediately notify a supervisory officer who will place the officer on administrative duty in accordance with GM Procedure 908, Mandatory Reassignment, and pending further investigation of the conviction.

C. Department-Issued Firearms

  1. Any sworn member convicted of a Class C misdemeanor crime of family or dating violence shall immediately relinquish their department-issued firearms to their immediate supervisor if available, or any other available supervisor.
  2. Any supervisory officer having knowledge of a sworn member being convicted of a Class C misdemeanor crime of family or dating violence prior to the effective date of this procedure shall relieve the sworn member of his firearm.
  3. The sworn member’s department-issued firearms will be taken to the Armory and Supply Office during normal business hours or placed in the Property Room during non-business hours by the supervisory officer taking possession of the firearm.

.14 REPORT RESPONSIBILITIES

A. An officer who is assigned to investigate a family disturbance or family/dating violence call shall complete the necessary documentation pursuant to Procedure 402 – Differential Police Response.

B. When a Class C misdemeanor assault is committed or suspected against a family member or household member or an individual with whom the suspect has or has had a dating relationship as defined in Chapter 71 of the Texas Family Code, the offense is reported on an offense report.

  1. The offense classification is listed as “Assault / Family / Dating Violence;” and
  2. The complainant is advised to contact the Domestic Violence Court Prosecutor’s Office located in the Municipal Court Building to file charges.

C. If the victim of Family/Dating Violence has chosen a pseudonym, the reporting officer will provide the victim with the Victims of Family Violence Pseudonym form.
The officer and the victim will complete the form.
The officer will provide the victim with a copy of the form and will return the original form to the Special Victims Unit or the CRT Unit at the officers’ assigned substation in person or in a sealed envelope through the departmental bin mail.
When the officer faxes a copy of the offense report, the officer will also fax a copy of the pseudonym form.
The original pseudonym form is still returned to the Special Victims Unit or the CRT Unit at the officers’ assigned substation in person or in a sealed envelope through the departmental bin mail.

D. If the family disturbance or family/dating violence call involves a sworn member of this Department, all officers assigned to the call, including supervisors, shall submit reports detailing their involvement in the incident.

E. Any supervisory officer relieving a sworn member of a firearm for a conviction of a Class C misdemeanor crime of family/dating violence shall document, through an information log in Blue Team, any actions taken and route the incident to the Training Academy’s Firearms Proficiency Control Officer (FPCO) as well as through their chain of command.

F. In accordance with the Texas Code of Criminal Procedure, Chapter 5, Article 5.05, an officer who investigates a family/dating violence allegation or who responds to a family disturbance call shall complete and submit the Texas Department of Public Safety form titled, Family Violence Report.

G. In accordance with the Texas Code of Criminal Procedure, Chapter 5, Article 5.05, an officer who investigates a family/dating violence allegation or who responds to a family disturbance call involving a member of the military shall provide written notice of the incident or disturbance call to the Staff Judge Advocate at Joint Forces Headquarters or the Provost Marshal of the military installation to which the suspect is assigned.

503
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San Antonio Police Department
GENERAL MANUAL
Procedure 605 – Miscellaneous Offenses and Complaint Calls

.01 INTRODUCTION
This procedure establishes guidelines, while allowing officers maximum discretion, for the handling of a variety of miscellaneous offenses and complaint calls which make up a large percentage of the officers’ workload. The procedure also establishes a process for the reporting of criminal offenses coming to the attention of Department members.

.02 ANIMALS

A. Complainants reporting noisy animals are handled under Section .08, Noise Disturbances, of this procedure.

B. Deceased animals are removed from public property by the Public Works Department (complainants should call 311 for assistance). Property owners retain the responsibility of removing dead animals from their property.

Animal Care Services Department has the authority to impound any animal which:

roaming at large;
been abandoned by its owner:
Animals with no identification;
Animals which appear malnourished
(exceptionally skinny, with extreme definition of the rib and hip area);
Is described in a warrant for seizure;
Has been declared dangerous by Animal Care Services;
Is in danger by confinement in a parked vehicle; or
Is being treated cruelly by its owner and confirmed by Animal Care Services Department
and:
exhibiting symptoms of rabies:
Appearance of choking;
Dropping of the lower jaw (in dogs);
Inability to swallow, leading to drooling and foaming of saliva (i.e., “foaming at the mouth”); or
Paralysis of jaw, throat, and chewing muscles.

D. Reports of cruelty to animals require uniformed officers to initially investigate the alleged offenses.

  1. In substantiated cases, the officer requests an Animal Cruelty Specialist from Animal Care Services Department to respond to the scene and take over the investigation.
  2. In cases of animals not requiring immediate medical attention and evidence of cruelty is questionable, the officer routes a copy of the incident report to Animal Care Services Department to be forwarded to an Animal Cruelty Specialist.

E. Animal Cruelty Specialists who are employed by the City and assigned to Animal Care Services Department are NOT certified Texas peace officers, and as such, do NOT have arrest authority in cases involving animal cruelty.
SAPD officers and Crime Scene Unit Investigators, upon request from an Animal Cruelty Specialist, shall assist the Specialist in any case involving animal cruelty.

F. An officer may destroy an animal when he or another person is placed in immediate danger of bodily harm.

  1. An officer may, upon the request of an owner or Animal Care Officer, and with the approval of a supervisory officer, destroy any animal which is injured beyond medical treatment, sick, or known to be rabid.
    a. When a suspected rabid animal must be destroyed, the officer should avoid shooting the animal in the head.
    This is done to avoid destroying the area of the brain used to test for rabies.
    b. When a suspected rabid animal has been destroyed the Animal Care Services Department is immediately notified and asked to pick up the carcass.
    The Public Works Department will be contacted for all other destroyed animals.
  2. The Animal Care Services Department will be called when animals are not destroyed, only wounded.
    This includes animals that run away. However, an officer must make a reasonable attempt to notify the animal’s owner.
  3. An officer who discharges his weapon to destroy any animal immediately notifies the Communications Unit and his supervisor.
    Copies of the incident report are submitted to the officer’s Division Commander, through the officer’s chain of command.
  4. The officer’s supervisor will attach to the officer’s report a SAPD Form 200-IA1, Preliminary Investigation Cover Sheet, and submit a report indicating whether the officer followed all Department Policies and Procedures and his or her recommendation.
A

.03 BURGLARY/ROBBERY ALARMS - OPEN DOORS AND WINDOWS

A. An officer responding to a burglary or robbery alarm where a point of entry has been located or a call for open doors or windows where it appears an entry has been made, should take the following actions:
1. Immediately notify the dispatcher;
2. Assume the most tactically advantageous position until a cover officer arrives;
3. Request a K-9 Detail officer, who directs the movements of officers going into a building;
4. If a K-9 Detail officer is not available, a building search is made, taking precautions not to destroy any evidence;
5. Unless exigent circumstances exist, no officer enters any structure suspected of being burglarized without a cover officer.
If entry must be made, the dispatcher is notified;
6. Attempt to reach the owner by telephone. If the owner cannot be located, the officer secures the building to the best of his ability and leaves written notification for the owner; and
7. Should an owner or alarm company representative arrive at the location, officers assist in a security check of the building.

B. If either the owner or alarm company representative notifies the dispatcher they have arrived at the location after officers have departed, the dispatcher, upon request, sends an officer to assist in a security check of the building.

C. The appropriate written or N-Code report is made on each call.
Copies of written reports are forwarded to the appropriate follow-up unit.

504
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San Antonio Police Department
GENERAL MANUAL
Procedure 605 – Miscellaneous Offenses and Complaint Calls

.04 DISABLED OR ELDERLY PERSONS

A. This section is designed to facilitate the handling and disposition of those situations involving disabled or elderly persons requiring social services.

B. Police officers may become involved in situations concerning the safety and welfare of disabled persons and the elderly.

C. One of the Department’s major functions includes making proper referrals to social service agencies.

D. The Texas Department of Family and Protective Services have the primary responsibility for providing necessary treatment for disabled or elderly persons suffering from neglect and/or abuse.

E. The following situations are representative of appropriate circumstances for referral to the Texas Department of Family and Protective Services:

  1. Disabled or elderly persons involved in public disturbances who are referred to the Department, and the Department is unable to substantiate a crime has occurred;
  2. Victims of crime who are disabled or elderly and require social services as a result of a crime;
  3. Disabled or elderly persons who are particularly vulnerable to crime by substandard living conditions, such as unlocked or unsecured doors and windows;
  4. Repeated calls by disabled or elderly persons for nonexistent or trivial incidents in which the officer suspects the complainant may suffer from disorientation;
  5. Disabled or elderly persons who call the police because they have repeatedly fallen in their home;
  6. Family violence reports involving disabled, elderly, or mentally retarded persons;
  7. Neighbors concerned about a disabled or elderly person in the neighborhood who is not able to care for himself or who is subjected to family violence or exploitation;
  8. Calls from disabled or elderly persons needing assistance with food, utilities, or other basic needs; or
  9. Disabled or elderly victims of violent crime (rape, assault, robbery, etc.) requiring counseling.

F. Officers assess each situation in order to relate the precise circumstances to the Texas Department of Family and Protective Services.
Officers understand the importance of protecting the dignity and independence of each complainant.

G. Officers needing to contact the Texas Department of Family and Protective Services may obtain the numbers from the Communications Unit.

H. Copies of all field reports related to these issues are routed to the Texas Department of Family and Protective Services and marked “Investigations.”

A

.05 DISORDERLY CONDUCT

A. When an officer is confronted by a situation within the scope of the disorderly conduct statute (Texas Penal Code, Section 42.01), he first attempts to calm the situation and preserve the peace by the use of various alternatives short of arrest, such as a warning or mediation.

B. Misdemeanor citations or custodial arrests are used in cases where the offender persists in the use of abusive language or other conduct forbidden by paragraphs 1, 2, or 5 of Section 42.01 of the Texas Penal Code. All custodial arrests for disorderly conduct must be approved by a supervisory officer prior to booking the prisoner.

C. Any person who is under the influence of alcohol or any other substance and who is also violent, threatens to be violent, or has been involved in a disturbance is arrested for disorderly conduct, provided the facts support the arrest and a supervisory officer approves the arrest prior to booking the prisoner.

505
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 605 – Miscellaneous Offenses and Complaint Calls

.06 FIRES AND RESCUES
A. The primary duties of officers at the scene of fires and rescues are to help save lives as well as control crowds and traffic; however, officers also comply with Fire Department requests for assistance in other areas.
B. The types of fire alarm calls covered by this procedure include the following:

1.   Still alarms: 
Fires where there are no immediate threats of bodily injury consists of, but are not limited to, the following:
a.   Automobile fires;
b.   Grass fires; or
c.   Trash container fires.
  1. Regular alarms:
    Fires which pose a threat of bodily injury or property loss consist of, but are not limited to, the following:
    a. Residential fires;
    b. Other structure fires; or
    c. Second and third alarm fires requiring additional fire units.

C. When an officer initiates a fire alarm, he:

  1. Notifies the dispatcher of the location and type of fire, *still or **regular alarm;
  2. Makes a quick check for possible occupants and warns persons in the surrounding area; and
  3. Advises the Communications Unit to notify a supervisory officer, and if there is a need for additional officers, the locations where they are needed.

D. If a regular alarm is initiated through the Communications Unit, an officer proceeds to the scene of the fire as a code-two emergency call.

  1. Marked police vehicles should not be used to barricade a street, as the vehicle may block the path of other emergency vehicles.
  2. Officers perform their assigned duties until relieved by a supervisory officer or until the fire hoses have been cleared from the street.

E. Officers encountering fires where arson is suspected request an Arson Unit investigator to respond to the location.

  1. If the Arson Unit investigator determines the fire is the result of suspected or known arson, the Arson Unit investigator may prepare an offense report.
  2. If the cause of the fire appears to be accidental, the SAPD officer prepares an incident report and routes a copy to the Arson Unit.

.10 REQUESTS FOR ASSISTANCE FROM PUBLIC

A. Requests for an officer to stand by while the complainant retrieves property, rent, children, etc. (where there is no breach of the peace) are civil matters and therefore officers generally will not be dispatched to these calls.
However, if dispatched, officers shall make the call and handle the incident in accordance with all applicable policies and procedures.

B. Requests for transportation in police vehicles are not honored.
However, stranded motorists may be transported by officers to the nearest safe location with the approval of a supervisor.
The dispatcher is notified when motorists are transported and a time/odometer check is made in all cases.

C. Officers in marked police vehicles offer assistance to all stranded motorists.
The primary concerns of the officers are maintaining traffic flow and the safety of the motorist.
Officers in unmarked police vehicles notify the dispatcher of the locations of stranded motorists.

D. Requests to open a locked vehicle are NOT honored unless an emergency situation exists where a person or animal is locked in the vehicle and threatened by injury or death.

A

.07 INFORMATION RECEIVED ON CRIMINAL OFFENSES - CONTINUING DUTY TO REPORT

Members, whether on-duty or off-duty, receiving or possessing facts or information relative to a criminal offense (Class B misdemeanor or above) SHALL write a report with a SAPD case number and forward the original report to the Records Office with a copy sent to the follow-up unit.

A. This report shall be completed before the end of the member’s tour of duty, if the member possessing the information is on-duty.

B. If the member receiving or possessing the criminal offense information is off-duty, the member shall ensure the criminal offense is immediately reported upon returning to duty.

C. Upon returning to duty, members who have received and possess facts or information on criminal offenses (Class B misdemeanor or above) will have a continuing duty to report the criminal offense as outlined in this procedure until the criminal offense has been reported.

D. Police emergency situations and crimes in progress shall immediately be reported to the police dispatcher by the officer possessing the information.

506
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 605 – Miscellaneous Offenses and Complaint Calls

.08 NOISE DISTURBANCES

A. Definitions:

  1. As defined by San Antonio Municipal Code, “Noise Nuisance” shall mean any loud, irritating, vexing or disturbing sound originating from a nearby property under separate ownership which causes injury, discomfort, or distress of a person of reasonable nervous sensibilities, or any sound exceeding the maximum permitted sound levels specified in Subsections 21-52(a) (6) (b), (9-12), and 21-60(b) of Chapter 21, Art. III Div. 1.
  2. “Party, Gathering, or Event” shall mean a group of five or more persons who have assembled or are assembling in a manner so as to create a substantial disturbance of the quiet enjoyment of private or public property.
    This includes, but is not limited to, excessive noise or traffic, fights, and/or disturbances of the peace.

B. Person responsible for the party, gathering or event shall mean:

  1. Any adult person in actual or lawful control or possession of the premises; or
  2. Any adult person who organized the party, gathering or event; or
  3. The parent or guardian having custody or control of any minor responsible for the party, gathering or event regardless of whether the parent or guardian was present at the time of the party, gathering or event.

C. Responsibilities of officers:
1. Officers responding to a noise complaint (non-animal) may rely on Municipal Code, Chapter 21, Art. III, Noise, or Texas Penal Code 42.01, Disorderly Conduct, (5), to address the complaint. Depending on the circumstances, the officer may address the complaint through a verbal warning or by issuing a misdemeanor citation.
If the officer issues a misdemeanor citation, the officer shall attach the citation to a copy of the incident report and forward them to Municipal Court.

a. Noise Meter: Each Substation will have operational noise meters available for use by trained personnel.
b. Patrol Division Commanders will ensure various supervisors and officers at each substation are trained in the operation of the Noise Level Meters.

Note: Training PowerPoint on noise meters: \fscommon\academy_training\

  1. Officers responding to a location of an excessive noise complaint which falls under the definition of a “Party, Gathering, or Event” will be required to perform the following functions:
    a. Determine there are at least five or more persons who have assembled and try to determine the exact number if possible;
    b. Determine the person(s) responsible for the party, gathering or event, if possible;

c. Provide the responsible person with a copy of the SAPD Form #300, (Noise Ordinnance)
Notice of Liability; and

d. Complete an incident report to include:

(1) The responsible person(s), full name, Title, Race, Sex, DOB, Address and other pertinent identifiers,
if necessary; in item (11) on the incident report form and uses code M – Manager/Owner;

(2) Address of party, gathering, or event;
(3) Estimated number of persons at the party, gathering or event;
(4) Statement indicating the officer provided responsible individual(s) with SAPD Form #300; and
(5) In the incident/event item (3) on the incident form enter:
City Ordinance: 2007-04-05-0371 and
route a copy of the report to the Alarm Unit.

  1. Officers Responding to loud ANIMAL noise complaints may -examine- (rely on) the City Code of San Antonio, Chapter 21, Article III, Noise, or Chapter 5, Article VII, Animal Nuisances, to address the complaint.

If the officer can substantiate the noise complaint, a misdemeanor citation may be issued.

Otherwise, officers responding to a loud animal noise complaint shall be required to do the following:

a. Inform the complainants they may file a complaint with Municipal Court for violations of Chapter 5 Article VII of the San Antonio City Code dealing with animal noise nuisances.
The officer shall write an incident report and include the complainant’s name, DOB and telephone number in the report.
The officer shall also inform the complainant of the importance of evidence for court purposes (i.e., audio/video recordings of the alleged acts).
The officer shall write the case number of the call on the bottom portion of SAPD Form #BD-1, tear off the bottom portion of the form and provide it to the complainant.
The officer shall ask the complainant to follow the directions on the form.

b. The officer shall attempt to contact the person responsible for the animal creating the noise nuisance and authenticate the alleged complaint.

The officer shall provide this person with the top portion of SAPD Form #BD-1.
The officer shall write his/her name, badge #, date, time and case number on the form.
The officer shall document his/her findings in the details of the report.
This includes documenting the responsible person’s name, DOB, and telephone number under “01” in the appropriate section of the incident report.

c. If no one answers the door to the residence of the noisy animal, the officer shall affix the top portion of SAPD Form #BD-1 to the door of the residence.
The officer shall document his/her name, badge #, date, time, and case number in the top portion of SAPD Form #BD-1.
The officers shall document all actions taken in relation to the call in the details of the incident report and shall route a copy of the report to Municipal Court.
The officer may utilize all COSA database systems to determine the responsible party.

d. If the complainant is a “refused” complainant with no information provided to the Communication Unit clerk, and if the officer cannot hear the alleged noisy animal and finds no evidence the offense has taken place, the officer may refer to GM Procedure 402, Differential Police Response, and
N-Code 17 the call.

A

. 09 PUBLIC INTOXICATION

A. A person commits an offense if the person appears in a public place while intoxicated to the degree he may endanger himself or another.
The word “intoxicated” has the same meaning assigned to it as in the Texas Penal Code.

  1. An individual arrested may be released from custody by a peace officer or magistrate if it is believed imprisonment is unnecessary for the protection of the individual or others.
  2. It is a defense to prosecution the alcohol or other substance was administered for therapeutic purposes by a licensed physician.
  3. Once a “serial inebriate” has been prosecuted and convicted on three occasions through Municipal Court, the fourth prosecution will be submitted as a Class B misdemeanor enhancement with prosecution to follow through County Court.

B. Officers observing persons whom they believe are intoxicated should be certain the person is intoxicated and not suffering from an illness before a decision to arrest is made.
In considering the degree of intoxication, officers satisfy themselves the subject should be placed in custody for his own safety or for the public’s safety.

  1. When taking a person into custody for Public Intoxication, officers will:
    a. Handcuff, search, and transport the intoxicated person in the same manner as prisoners in accordance with GM Procedure 601, Prisoners;
    b. Retain custody of the intoxicated person until the accepting facility takes custody of the person.
  2. Officers will transport all non-violent adult persons (18 years of age or older) charged with Public Intoxication, including those who are also charged with an additional Class C misdemeanor offense or who have outstanding Class C misdemeanor warrants, to the Public Safety Unit unless they meet the criteria for enhancement.
    See Subsection C, Processing at the Public Safety Unit.

a. The City Magistrate’s Office will perform all administrative functions regarding any additional Class C misdemeanor charges or warrants.
Officers will fax a copy of their incident report to the City Detention Center at 207-4383 prior to leaving the PSU.

b. Seventeen (17) year olds charged with Public Intoxication may be issued a misdemeanor citation and released to a parent or legal guardian or physically arrested.
Officers will process all seventeen (17) year olds physically arrested for Public Intoxication at the City of San Antonio Detention Center at 401 S. Frio.

c. Juveniles (under 17 years of age) charged with the single offense of Public Intoxication may be issued a misdemeanor citation and released to a parent or legal guardian or physically arrested.
If physical arrest is necessary, they shall be processed at the Youth Processing Office and then taken to the Bexar County Juvenile Detention Center.

d. The Public Safety Unit will not accept anyone under the age of 18 years old, persons who are unconscious, persons who are pregnant, or persons who are overly combative.

C. Processing at the Public Safety Unit at 601 N. Frio:

  1. If the arresting officer suspects this arrestee has been processed previously for Public Intoxication
    (e.g. street person with obvious signs of frequent intoxication)
    he should phone the PSU at
    (210) 246-1391 or (210) 246- 1390
    to check the individual’s status as a “serial inebriate.”

a. Personnel at the PSU will either direct the officer to the PSU or the Detention Center based on their records of the arrestee.
b. If the officer and arrestee are directed to the Detention Center, the arresting officer will process the arrestee in accordance with Subsection E, Prisoners being magistrated.

  1. Officers taking offenders into the Public Safety Unit will enter from the Morales Street side, which is marked “Police Entrance.”

a. Officers will search the intoxicated person before they enter the Public Safety Unit (PSU) facility and assist PSU personnel in conducting an inventory of the intoxicated person’s possessions;
b. Officers shall sign the inventory sheet prepared by the PSU personnel and retain a copy for their report.

  1. All offenders brought into the PSU must receive medical clearance.
    Medical clearance for offenders is available at this facility (M-F 2000 to 0800 hours, Sat. 1600 to 0800 hours, and all day Sunday).
    During all other times, offenders should be transported to the Triage Center located at the Crisis Care Center at 527 N. Leona Street, (210) 358-3611.
  2. Once intoxicated persons are cleared for entry into the PSU, the officers may leave and resume their normal duties.
  3. Officers will leave a copy of the Incident Report with the staff at the PSU, documenting all information regarding the arrest for public intoxication and any additional Class C misdemeanor charges or warrants.
  4. The intoxicated person’s personal property is released to personnel at the Public Safety Unit and not placed in the Property Room.
  5. If medical issues are present and they are beyond the scope of the services available to the PSU, then the intoxicated person may require transportation to University Hospital or the Acute Care Clinic/Crisis Care Center located at 527 North Leona.

The Public Safety Unit will take custody of all persons arrested for public intoxication
except the following:

  1. Intoxicated persons under the age of 18 years old (Go to City Detention Center).
  2. Intoxicated persons who are unconscious
    (Call EMS).
  3. Intoxicated persons who are pregnant
    (Go to City Detention Center).
  4. Intoxicated persons who are overly combative
    (Go to City Detention Center).

E. Prisoners being magistrated for Public Intoxication will be issued a misdemeanor citation with the word “Booked” written across the bottom.
A copy of this citation, the incident report, the booking slip, and the Class C Complaint shall be given to Detention Center personnel.

  1. The incident report must contain all elements of the offense (intoxicated, in a public place, and a danger to himself and/or others).
    It is of utmost importance to the prosecution for the officer to articulate how the arrestee was a danger to himself and/or others, or how the potential for danger/harm existed or was created.
  2. The incident report should also indicate whether the individual was violent, causing a disturbance, abusive, passive, etc.
    This information assists the Detention Center personnel in processing the prisoner.

F. If a person is intoxicated on a substance other than alcohol, such as marijuana, glue, paint, or any other drug, he is handled in the same manner as if he were under the influence of alcohol, unless probable cause warrants an arrest for another offense.

G. Unconscious, sick, or injured prisoners are handled in accordance with GM Procedure 601, Prisoners.

507
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 606 – Impounding Property

.01 INTRODUCTION

A. This procedure governs the custody and disposition of any property, except motor vehicles, that enters into the possession of the San Antonio Police Department.
B. The confiscatory and custodial responsibilities of the San Antonio Police Department are used as a basis for any impoundment of property by officers of the Park, Airport and Police Department.

.02 POLICY

All property coming into the custody or control of any officer, regardless of the classification, is placed in the Property Room no later than the end of the officer’s tour-of-duty, unless disposed of in accordance with Section .14 of this procedure or GM Procedure 607, Impounding Vehicles.

.04 PROPERTY ROOM
A. The Property Room is located at 555 Academic Court.

B. The Property Room Customer Service Window will be open to the public Monday and Friday from 0745 hrs to 1600 hrs, Tuesday, Wednesday and Thursday from 1200 hrs to 1600 hrs.
The Facility will be closed Saturday and Sunday and City holidays.

C. Officers have access to secure property and evidence Monday through Friday 0745 hrs to 1630 hrs. During hours when the Property Room is closed, officers can secure property and evidence in the holding area located in the Municipal Court Building at 401 S. Frio Street.

A

.05 CLASSIFICATIONS OF IMPOUNDED PROPERTY

Although currency and firearms merit special treatment, impounded property is classified into one of the following categories:

A. Evidence;
B. Found property;
C. Personal property;
D. Detectives with primary case responsibility may reclassify impounded property as needed during the investigative process.
All other investigative personnel must have prior approval by a supervisor.

.06 MEMBERS RESPONSIBILITIES WHEN IMPOUNDING PROPERTY

A. Members who are authorized to receive or confiscate property only do so if a legitimate police purpose exists.
B. When impounding property into the Property Room, members will:
1. Complete SAPD Form #113, Receipt for Property, in triplicate, for any property received or confiscated from an individual. SAPD Form #113 is routed as follows:
a. Original to Records Office;
b. A copy to the person from whom the property is taken; and
c. A copy to the appropriate investigative follow-up unit.

  1. Members attach a copy of a report to the property tag and forward a copy to the appropriate follow-up unit.
  2. Refer to GM Procedure 607, Impounding Vehicles, for disposition of personal property found in locked vehicles or when impounding vehicles for failure to provide “Proof of Financial Responsibility” (lack of insurance).
  3. Send a report to the Medical Examiner’s Office for any impounded evidence requiring tests.
  4. UEDIs/Crime Scene Unit Investigators will place evidence which is wet or damp with body fluids in the Drying Room, avoiding cross contamination with other evidence (IAW with Patrol/CSI SOP).
    Officers below the rank of Detective-Investigator impounding this same type of evidence will mark the evidence with biohazard stickers and place it in a locker.
  5. Place hypodermic needles in protective containers.
  6. Place perishable items in the refrigerator.
  7. Fixed blade knives must be covered in cardboard and taped prior to packaging.
  8. Currency will be impounded in a “Currency Evidence Bag” with denominations, extensions, total amount and officer’s signature noted.
    The bag will remain sealed from time of impound to final disposition.
    Property room personnel will NOT verify count.
  9. All BIO-HAZ material must be marked with stickers provided.
508
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San Antonio Police Department
GENERAL MANUAL
Procedure 606 – Impounding Property

.07 BARCODING AND PROPERTY TAGS
A. Property is impounded using FileOnQ barcode system. This is accessible at the work stations located in the Property Room receiving area.

  1. Property “K-Tags” will be used to impound property and evidence (except controlled substance).
    Only when the system is down.
  2. Property “E-Tags” will be used to impound controlled substance.
    Only when the system is down.

B. It is an officer’s responsibility to ensure access by maintaining an active City Network account. Accounts can be reactivated by contacting ITSD at 207-8888. They are available twenty-four (24) hours a day seven (7) days a week.

C. Should an officer have difficulty gaining access to the FileOnQ program during normal hours of operation, a Property Room staff member can assist. Should this occur during off hours they will notify the Communications Unit Supervisor at 207-7550.

D. Instructions for initial log-on to FileOnQ and entering property into the database are available at http://sapdweb under “Property Instructions”. All applicable data fields must be completed.

E. The following items must have individual barcodes:
1. Narcotics: Each type of narcotic must be represented by an individual barcode.
This includes different type narcotics within the same case number.
2. Firearms: Each firearm must be represented by an individual barcode.
This includes firearms within the same case number.
3. Currency: Currency must be represented by an individual barcode.
4. Articles: Any item containing a serial number either factory or owner applied.
5. Jewelry: All jewelry and small items of value must be represented by an individual barcode.

F. If multiple items of one (1) classification of property cannot be secured together, plain manila colored tags will be used to attach the barcodes to the remaining items.

G. For multiple items of more than one (1) classification of property (i.e., evidence, found, personal) a separate barcode will be created for each classification of property.

H. When impounding property which is taken from different individuals, a separate barcode is used for the property from each person.

I. In the event the barcode system is not functioning, officers will complete a K-tag for general property and/or an E- Tag for narcotics. Property Room personnel will key the data when the system returns to normal operation.

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.08 SECURING PROPERTY
A. All property impounded into the Property Room will be secured in lockers, cages, refrigerators, or safes depending on the type and size of property impounded.
In the event locker space is not available, all overflow personal and found property only, will be placed in the overflow container.
Property shall never be stored on the processing tables.

  1. Firearms shall be secured in lockers.
  2. Property too large for lockers will be secured in cages.
  3. Property needing to be refrigerated will be secured in refrigerators.
  4. Controlled substances will be secured in the narcotics safe.
  5. All evidence will be secured with evidence tape provided, when possible.

B. When any evidence impounded after normal business hours is too large to be placed in a secured container within the Holding Area or the evidence falls under any category listed in Section .14 of this procedure, the officer or Crime Scene Unit investigator shall notify the Communications Unit supervisor and request an off-duty member of the Property Room return to duty to open the Property Room and take charge of the evidence.

C. When evidence is too large or too heavy to be secured in the Property Room it shall be taken to the Vehicle Storage Unit for secure storage. See Subsection .12G of this procedure for dimensions and weights.
(WRONG ITS .13 G. Property measuring over eight (8) feet in length/height or weighing over two hundred (200) pounds is taken to the Vehicle Storage Unit.)

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San Antonio Police Department
GENERAL MANUAL
Procedure 606 – Impounding Property

.09 IMPOUNDING RECOVERED STOLEN AND FOUND PROPERTY

A. All officers recovering stolen property will make a reasonable attempt to release the property to the owner or an authorized agent in accordance with section .16 of this procedure.
If the owner cannot be contacted or the property is not released at the scene, officers will impound the property as follows:

  1. Impound the property using the FileOnQ category PERSONAL PROPERTY.
  2. Enter the owners name and address on the owner’s fields.
    These fields enable property room staff to directly contact the owner and release the property directly to them or their agent

B. All officers seizing suspected stolen property for which an owner cannot be immediately identified shall impound the property using the FileOnQ category FOUND PROPERTY.
The EVIDENCE category will not be used for found property.

C. Officers should ONLY use the FileOnQ category EVIDENCE for recovered stolen property when directed by follow up personnel.
The EVIDENCE category will not be used for found property.

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.10 IMPOUNDING FIREARMS

A. All handguns MUST be stored with a tie-wrap inserted through the chamber and barrel to visually indicate that the weapon is clear of any ammunition.

B. Semi-auto handguns WILL NOT be stored with the slide lock open.

C. Officers are responsible for the proper and safe handling of all firearms to be impounded.

D. All impounded firearms must have a separate barcode.

E. Loaded firearms, with the exception of jammed firearms, are not taken into the Property Room.

F. Officers unfamiliar with the unloading process of a firearm shall contact a supervisor, a Crime Scene Unit investigator, a UEDI, or the Armorer.

G. Jammed firearms are processed as follows:

  1. Place small firearms in an envelope marked “JAMMED – LOADED FIREARMS” and secure it in a small locker.
    Note the firearm make, model, and serial # on the envelope.
  2. Tag large firearms with a plain manila colored tag marked “JAMMED – LOADED FIREARM” and secure in a long locker.

H. All loose ammunition MUST be separated from the weapon when packaged.

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San Antonio Police Department
GENERAL MANUAL
Procedure 606 – Impounding Property

.11 IMPOUNDING CONTROLLED SUBSTANCES

A. All narcotics impounded must have a separate barcode.
Cases containing several types of controlled substances
(i.e., cocaine, methamphetamine, and heroin)
require each type have a separate barcode.

B. A narcotics safe with a deposit-drop entry is used to impound all controlled substances.

  1. Officers may secure Narcotics and Narcotics Paraphernalia Evidence, associated with Cite and Release, at substations where narcotics safes are installed.
  2. Officers should use clear packaging tape when putting Cite and Release evidence in the temporary storage vaults to prevent cross contamination and/or loss of evidence as well as to reduce venting (odor or smell) of packaged evidence.

C. Lockers labeled “NARCOTICS” are used to impound controlled substances too large for the safe.
D. Water and all other fluids of a non-evidentiary nature, such as water contained inside of drug paraphernalia commonly known as, a “bong” or a “water pipe,” will be drained prior to being brought into the Property Room.

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.13 PROPERTY RESTRICTED FROM THE PROPERTY ROOM

A. Evidence or other property gathered from the scene of a known or suspected biological, chemical, or nuclear terrorist event.
Evidence or other property associated with these events is gathered and maintained by the San Antonio Fire Department’s Hazardous Materials Response Team or Arson Unit, or the San Antonio Police Department Bomb Squad.

  1. Unopened suspicious letters are disposed of in accordance with GM Procedure 807, Terrorism Preparedness, Subsection .09, Response for a Suspicious Letter or Package, and are not placed into the Property Room.

B. Chemicals, equipment, and paraphernalia used in clandestine laboratories for the manufacture of illegal narcotics.
The Narcotics Unit shall be notified of the discovery of suspected clandestine narcotics labs. This unit has personnel specially trained to handle these types of incidents.

C. Motor vehicles and motor vehicle parts.

D. The Bomb Squad takes custody of explosives and combustibles. Fireworks and ammunition should be impounded in the substation ammunition/fireworks storage magazines, following the procedures listed in subsection .11 of this procedure. Containers which contain combustibles such as gasoline and butane are impounded at the Vehicle Storage Unit.

E. Live animals are transported to the Animal Care Services Department by Animal Care Services Department personnel.

F. Body parts, human or animal, are taken to the Medical Examiner’s Office.

G. Property measuring over eight (8) feet in length/height or weighing over two hundred (200) pounds is taken to the Vehicle Storage Unit.

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San Antonio Police Department
GENERAL MANUAL
Procedure 606 – Impounding Property

.12 USE OF THE AMMUNITION/FIREWORKS STORAGE MAGAZINES AT SUBSTATIONS

A. Ammunition/fireworks storage magazines are available at to each substation for officers to impound non-evidence firearms ammunition and fireworks.

  1. Substation ammunition/fireworks magazines will be used to store only fireworks and ammunition which are in good condition.
    No corroded, damaged, improvised, or deteriorated ammunition/fireworks, fuels, powders, explosives, or suspected explosives will be stored within the magazines.
  2. There shall be no flames or smoking permitted within the posted (25) feet of substation ammunition/fireworks magazines.
  3. A written inventory sheet documenting the date, time, case number, item description, and officer’s name and badge number when items are placed into the magazines will be kept by the Station Commander or designee.
    The storage of ammunition and/or fireworks in the magazine shall be documented in the officer’s incident/offense report.
  4. A key to substation ammunition/fireworks magazines will be provided to each substation and will be maintained by the Station Commander or designee to allow officers entry into the magazine.
  5. Substation ammunition/fireworks magazines will be cleared out by Bomb Squad personnel once every calendar quarter, and one week after July 4th and January 1st each year.
  6. A set of keys to all substation ammunition/fireworks magazines will be maintained by Bomb Squad personnel.
  7. Bomb Squad personnel should be called out to the scene to recover any explosives, suspected explosives, corroded, damaged, improvised, or deteriorated ammunition/fireworks, fuels or powders.
  8. Ammunition classified as evidence shall continue to be placed into the Property Room. Fireworks classified as evidence shall be photographed, in accordance with GM Procedure 505, Misdemeanor Citation Release, prior to being placed into the ammunition/fireworks magazines.
  9. Questions concerning the storage magazines should be made by calling Bomb Squad personnel at 207-7559.
    After hours, the Bomb Squad can be contacted through the Dispatch Supervisor at 207-7550.
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.14 AFTER HOURS ENTRY INTO PROPERTY ROOM HOLDING AREA

A. Entry into the Property Room Holding Area after regular business hours is allowed, provided the authorized members:

  1. Contact the Security Systems Desk using the phone located at the West entrance to the Property Room;
  2. Identify themselves by giving their name, badge number, and any other identifying information required by Security Systems Desk personnel; and
  3. Be responsible for the security of the Holding Area.

B. Security Systems Desk personnel will maintain a log of after-hours entries.

.15 EMERGENCY OPENING OF PROPERTY ROOM AFTER REGULAR BUSINESS HOURS

Officers/UEDIs and Crime Scene Unit Investigators will contact the Communications Unit Supervisor and request Property Room personnel return to open the property room after regular business hours under the following circumstances:
A. Large amounts of cash (in excess of $5,000.00) at the discretion of the field supervisor;
C. Large amounts of weapons are seized and cannot be stored in the provided lockers;
D. Large amounts of narcotics/controlled substances seized that cannot be stored in the provided lockers;
D. The volume of impounded property is such it cannot be held in the Holding Area;
E. A Supervisor determines property is too important to be held in the Holding Area; or
F. The entrance to the Holding Area is impaired due to mechanical or electrical malfunction.

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San Antonio Police Department
GENERAL MANUAL
Procedure 606 – Impounding Property

.16 RELEASING PROPERTY TO OWNER IN LIEU OF IMPOUNDING

A. Property may be released to the owner or his representative at the scene of a recovery under the following circumstances:

  1. The property is recovered by the owner or his representative;
  2. The property consists of perishable foods or commodities; and
  3. The owner can positively identify the property. The method of identification and proof of ownership must be listed in the officer’s report.

B. In felony offenses, property consisting of evidence is processed and photographed by a Crime Scene Unit Investigator prior to release.

C. In misdemeanor offenses, if an arrest is made or a misdemeanor citation issued, a photograph of the property is obtained prior to releasing the property.

  1. If an actor is booked, the photo is attached to the magistrate’s copy of the field note offense report.
  2. If a misdemeanor citation is issued, the photo is attached to the Municipal Court copy of the misdemeanor citation.

D. When property is released at the scene, SAPD Form #113-2R, Release of Property, (green form) is completed in triplicate.
The officer writes the words “FIELD RELEASE” on the form and routes the form as follows:
1. The original to Records Office;
2. A copy to the appropriate investigative follow-up unit; and
3. A copy to the owner of the property.
The owner is asked not to dispose of the property until final disposition of the case.

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.17 TEMPORARY WITHDRAWAL OF PROPERTY FROM THE PROPERTY ROOM BY OFFICERS, CRIME SCENE TECHNICIANS AND AUTHORIZED SERVICE AGENTS

A. Officers/UEDIs, Crime Scene Unit Investigators and police service agents authorized by their unit supervisor may temporarily withdraw property from the Property Room, for the purposes of presentation in court or for further investigation.

B. Officers/UEDIs, Crime Scene Unit Investigators and authorized police service agents temporarily withdrawing property from the Property Room will:

  1. Request a temporary release either in person using SAPD Form #113-3, Temporary Release of Property, or through the use of WebView request (refer to instructions posted on http://wppswebprod/FileShare/SOP/DocHistory/282.pdf “FileonQ Entry Outline”).
  2. Provide a copy of a subpoena duces tecum for the property, if applicable.

C. If temporarily released property is permanently released by a follow-up unit, the detective assigned to the case will forward SAPD Form #113-2R completed, or submit a request through WebView
(refer to “Property Room Instructions” posted on http://sapdweb).

D. If temporarily released property is to be used for presentation in a Court, the officer, Crime Scene Unit investigator, or authorized police service agent will only release the property to an employee assigned to the court.
The officer, Crime Scene Unit Investigator, or authorized police service agent will complete SAPD Form #113-2R, listing the name of the court to which the property was released.
The court employee will sign the form acknowledging receipt of the property.
In addition to the normal routing, the releasing officer, Crime Scene Unit Investigator, or authorized police service agent shall ensure the Property Room receives a copy of the release form.

E. Temporarily released property is returned to the Property Room within fourteen (14) days. If necessary, an approved extension, specifying the additional time required, is submitted to the Property Room supervisor.

F. Property not returned to the Property Room within the specified time is considered overdue.

  1. When property is overdue, a notice to return the property or submit an approved SAPD Form #113-2R for the property within seven (7) days is sent to the officer, Crime Scene Unit Investigator, or authorized police service agent charged with custody of the property. A copy is sent to the officer’s unit commander; and
  2. If there is no response to the overdue notice within seven (7) days, a second notice is sent to the officer, Crime Scene Unit investigator, or authorized police service agent, with copies to the officer’s unit commander and division commander.
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San Antonio Police Department
GENERAL MANUAL
Procedure 606 – Impounding Property

.18 DISPOSITION OF PROPERTY IN PROPERTY ROOM

A. Property Disposition Authorization Form:
1. The Property Disposition Authorization (PDA) Form is a computer-generated form used to communicate between follow-up units and the Property Room for the timely disposition of stored property.

  1. Request for final disposition PDA will be generated through the Property Management System (Evidence on Q) based on statute of limitations for the offense code associated with the case. These requests will be distributed through E-mail in PDF format as follows:
    a. PDA’s will be distributed twice a year, once in April and once in October to the second level supervisor of the follow-up unit assigned.
    b. Supervisors will assign the appropriate personnel to research and respond as described below in this procedure.
    c. Follow-up units will respond to 100% of all Property Disposition Authorizations issued within 60 calendar days.
    d. Responses will be tracked by the property room through an accountability report and results will be forwarded to the Commander of each follow-up unit.
  2. Follow-up Units/Detectives complete the PDA by logging on to http://pswebdev/webview51/Login.aspx, and submitting a “request” for one of the following:
    a. “No Longer Needed as Evidence”: This allows the property room to dispose of the property in the most appropriate manner.
    b. “Hold for Further Review”: This resets the property for a subsequent review in 24 months.
    c. “Release to Owner”: The detective MUST provide the owners name and ID number in the request field. The detective is responsible for contacting the owner and instructing them to contact the property room during the hours listed in section .04 of this procedure.

B. Evidence:
Evidence comes under the control of the follow-up unit having case responsibility and is released or disposed of by authority of that follow-up unit in accordance with the Texas Code of Criminal Procedure.

C. Found and Recovered Property:

  1. Members of the Department are not entitled to any property found by them.
  2. Found property, except firearms, may be claimed by the finder after one hundred twenty (120) days, provided the owner is not located and clearance is obtained from a Property Crimes detectives or the Property Room found property officer.
  3. Found firearms may be claimed by the finder after one hundred twenty (120) days, provided the owner is not located, the finder has not been convicted of a crime which prohibits them from firearm possession, and clearance has been obtained from the Homicide and Property Crimes Units.

D. Personal Property:
1. The Property Room is authorized to release all personal property, except for firearms.
2. Firearms impounded as personal property are releasable only by the Homicide Unit.
E. Firearms, regardless of their classification will be released only with supervisory approval through one of the following processes:
1. The Detective assigned to the case must process a request through WebView (refer: //sapdweb “Property Room Instructions”); and
2. SAPD Form #113-2R must be manually completed and placed on file with the Property Room. The form is routed as follows:
a. Original to Records Office;
b. A copy to the appropriate Investigative follow-up unit, if applicable; and
c. A copy to the Property Room.

F. Currency classified as evidence that is no longer needed for prosecution and is not the subject of a legal asset seizure procedure may only be released by the detective assigned to the criminal case, with supervisory approval. In his absence, the supervisor assigned to the follow-up unit may also release the currency.

  1. Supervisory assignment of PDA’s for review will satisfy the case assignment and requirement.
  2. With supervisory approval, the Detective assigned to the case must process the request through Web View (refer://sapdweb“Property Room Instructions”).
    a. Detectives must record the name, date of birth, and method of identification used to identify the individual in the remarks section to whom the currency is released along with a brief justification for release.

b. A Texas Driver’s License, TXID, Military ID, or another form of photo identification (and number) may be used as a method of identification.
3. Currency may be released only by the authority of a supervisor from the follow-up unit with case responsibility.

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.18 RIGHT TO REFUSE
A. Property / Evidence that is impounded and found to be in violation of Procedure 606 may be rejected for correction.

B. When items are found to be in violation of Procedure 606 and rejected for correction, they will be placed in a “Return” locker located at 401 S. Frio.

  1. The officer and his/her supervisor will be notified by e-mail of the following:
    a. Description of the items impounded;
    b. The violation committed;
    c. The return locker number in which the items are located; and
    d. The combination/access code needed to retrieve the items.
    (This information will be provided only to the officer).
  2. Upon notification, the officer will return to 401 S. Frio on his/her next regular shift, retrieve the property in question and correct the violation.
  3. Once corrected, the property will be placed in a standard intake locker located at 401 S. Frio.

C. Repeated violations or single severe incidents will be addressed through the chain of command.

514
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San Antonio Police Department
GENERAL MANUAL
Procedure 607 – Impounding Vehicles

.01 INTRODUCTION
This procedure establishes guidelines for the impoundment of motor vehicles.

.03 CLASSIFICATION OF IMPOUNDED VEHICLES
A. Impounded for forfeiture;
B. Impounded for evidence;
C. Impounded as prisoner’s personal property;
D. Impounded for traffic violations;
E. Impounded as an abandoned vehicle;
F. Impounded as a recovered stolen vehicle; and
G. Impounded from crash scene.
.04 STORAGE FACILITIES
A. Growdon Storage Facility – Located at 3625 Growdon Road. This facility receives all impounded vehicles, except
vehicles impounded for downtown area parking violations.
B. Storage facility belonging to the holder of the current wrecker contract. This facility receives vehicles impounded for downtown area parking violations.

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.05 EXCLUSIVE AUTHORITY TO TOW VEHICLES
A. Officers have authority to impound any vehicle found parked in violation of any city ordinance related to traffic or
parking, abandoned in a public place, or constitutes a traffic hazard.
B. Exclusive authority to tow non-drivable vehicles involved in crashes is given by city ordinance to the company holding the current wrecker contract.
C. Officers have the authority to impound the vehicle of any person driving without state mandated minimum auto liability insurance coverage. This policy allows officers the option of impounding the vehicle if a motorist, insured or not, cannot produce the required insurance documentation before being towed.
1. Officers will first check for Evidence of Financial Responsibility on the vehicle, if the driver is unable to provide such proof, the officer will accept Proof of Financial Responsibility on the driver.
2. Failure to provide Evidence of Financial Responsibility provides the officer authority to impound the vehicle. (TTC 601.051 – 601.124)

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San Antonio Police Department
GENERAL MANUAL
Procedure 607 – Impounding Vehicles

.06 OFFICERS’ RESPONSIBILITIES
A. Officers submit a written report, showing justification for impoundment, when impounding any vehicle, except vehicles involved in crashes or from a “0700 - 0900 or 1600 - 1800 Tow-Away-Zone” are taken to the contract wrecker company storage facility. Copies of the report are forwarded to:
1. The Vehicle Crimes Unit; and
2. Municipal Court, if applicable, attached to the Order of Impoundment.
B. Officers impounding vehicles are responsible for completing the Towing Service Record (TSR). When applicable, in the remarks column the officer notes the following:
1. Any waiting or labor time after the first fifteen (15) minutes; and
2. The words “Hold for Municipal Court” for any vehicle impounded pursuant to an Order of Impoundment.
3. The words “NO INSURANCE” for any vehicle impounded pursuant to TTC 601.051-601.124.
C. Officers impounding vehicles are responsible for the vehicle and its contents. Officers will:
1. Complete the Towing Service Record (TSR), listing any damage noted on the vehicle;
2. Stand by at the scene until the vehicle is removed; and
3. Impound any property, including keys, left in the vehicle, unless the tow is for failure to provide Evidence of Financial Responsibility as required pursuant to TTC 601.051. After the inventory, the driver/occupants should be encouraged to remove all personal property from the vehicle before it is towed.
4. Property receipts will be used for all impounded property, in accordance with GM Procedure 606, Impounding Property. Officers are required to Complete SAPD Form #113, Receipt For Property, in duplicate, for any property received from an individual or Licensed Vehicle Storage Facility. SAPD Form #113 is routed as follows:
a. Original to Records Office;
b. A copy to the person from whom the property is taken.
D. Officers inform prisoners their vehicles are impounded at the Growdon Storage Facility. If a prisoner is not booked into a detention facility, the officer will transport the driver to the Growdon Storage Facility to retrieve his vehicle.
E. Officers inform the vehicle owners/drivers their vehicles are impounded at the Growdon Storage Facility for failure to provide Evidence of Financial Responsibility pursuant to TTC 601.051. Officers will provide the vehicle owner/driver with SAPD Form #13, Impounded Vehicle Release, explaining how and where to recover their vehicle.

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.07 IMPOUNDED FOR FORFEITURE
A. Officers may seize and impound vehicles used or intended to be used for the illegal transportation or delivery of any
controlled substance in violation of the Texas Health and Safety Code, Sections 481 or 483.

B. When impounding a seized vehicle officers will follow GM Procedure 509, Legal Asset Seizure, and route a copy of reports to the Legal Asset Seizure Detail.
.08 IMPOUNDED AS EVIDENCE
A. When an officer has probable cause to believe a vehicle has been used in the commission of a crime, excluding
minor traffic offenses, the vehicle is impounded as evidence.
1. Under exigent circumstances a search warrant may not be necessary for impoundment of the vehicle.
2. If the vehicle is on private property, the officer attempts to obtain permission from the owner of the property to remove the vehicle. If permission is received, the officer has the owner sign SAPD Form #2091-A, Consent of Search of Private Premises, and impounds the vehicle.
3. If exigent circumstances do not exist or if the owner does not consent to a search, a search warrant is obtained in accordance with GM Procedure 504, Execution of Search Warrants, prior to impounding the vehicle.
B. When a vehicle is impounded as evidence, the officer will:
1. Write “Evidence” on the TSR;
2. Route a copy of his report to the appropriate follow-up unit; and
3. Request a UEDI/Crime Scene Unit Investigator to process the vehicle.

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San Antonio Police Department
GENERAL MANUAL
Procedure 607 – Impounding Vehicles

.09 IMPOUNDED AS PRISONER’S PERSONAL PROPERTY
A. When a person in control of a vehicle is arrested, the officer impounds the vehicle, unless:
1. The registered owner is present and requests to drive or legally park the vehicle; or
2. The driver is the registered owner and elects to:
a. Leave the vehicle legally parked; or
b. Release the vehicle to a licensed passenger or person at the scene. Before the vehicle is released, the person receiving the vehicle signs a property receipt.
B. When an intoxicated person in control of a vehicle is arrested, the vehicle is impounded, unless the officer elects to release the vehicle to the registered owner or a member of the registered owner’s immediate family. Before the vehicle is released, the person receiving the vehicle signs a property receipt.
C. When a juvenile in control of a vehicle is arrested, the officer impounds the vehicle, unless the registered owner is present and requests to drive or legally park the vehicle.

A

.10 IMPOUNDEDFORTRAFFICVIOLATIONS
A. Officers ticket and/or impound vehicles for any of the following traffic violations or court orders:
1. “Tow-Away-Zone” Parking Restrictions:
a. Vehicles in violation of downtown area “Tow-Away-Zone” parking restrictions are impounded at the storage facility of the company holding the current wrecker contract.
b. Vehicles parked in fire lanes at shopping malls are issued a ticket, but not impounded unless they are obstructing fire fighting equipment.
2. Traffic Hazards;
3. Uninsured Driver;
a. Driver/occupants, if 17 years of age or older, have the option of:
(1) Arranging for transportation of their choice. The officer should encourage and assist in making all reasonable attempts to arrange for this private transportation as the primary means of transport. Private transportation must be accomplished within the 30 minute wait-time allowed before towing;
(2) Iftransportationisnotaccomplishedwithinthethirty(30)minutewaittimeallowedbeforetowingthe officer shall transport the individual as outlined below:
(3) Being taken to the nearest police substation or residence, which ever is closer;
(a) Requestingtheofficerdropthemoffatanotherlocation,ifcloserthansubstationorresidence;
(4) WaivingTransportation-Releasedatthesceneifsafetodoso.
(5) Officers shall document every incident where the driver/occupants refuse transportation by the officer using an Incident report.
b. Driver/occupants under 17 years of age have the option of:
(1) Requesting a parent, legal guardian or custodian picks them up. The officer should encourage and assist in making all reasonable attempts to arrange for this private transportation as the primary means of transport. Private transportation must be accomplished within the 30 minute wait-time allowed before towing;
(2) Being returned to the Youth Processing Office if unable to locate a parent, legal guardian, or custodian;
(3) Being taken to their residence, if closer than the Youth Processing Office.
(4) Waiving Transportation – Released at the scene if safe to do so, in accordance with GM Procedure 602, Juveniles.
(5) Officers shall document every incident where the driver/occupants refuse transportation by the officer using an Incident Report
c. Officers transporting any individuals, male or female, will request a time check and give their vehicle odometer reading to the dispatcher upon leaving the scene and upon arrival at their destination.
d. The contents of the vehicle being towed must be inventoried and documented using an Incident Report.
4. Parked over two (2) hours on the untraveled portion of an expressway; and
5. Municipal Court Orders of Impoundment, provided:
a. The vehicle is illegally parked;
b. The officer has a copy of the court order; and
c. The court order is returned to Municipal Court.
B. If the owner of a vehicle being towed arrives at the location to claim the vehicle and the Contract Wrecker operator has attached ALL the equipment required to tow the vehicle, the vehicle is released to owner and the operator of the Contract Wrecker will be allowed to charge the vehicle’s owner a “drop fee”. The officer will write “DROP FEE” on the TSR. If ALL the required equipment has not been attached, no “drop fee” can be charged and the vehicle is released to the owner.
C. When stopping persons with no proof of auto liability insurance, officers shall utilize the following procedures (via the Information Channel) to attempt to verify insurance coverage.
1. Ask the driver for the name of the insurance company, phone number and agent’s name.
2. Contact dispatch – provide driver’s name, age, insurance agency and phone number, vehicle make, model, year, VIN #, agent’s name.
3. If dispatch can verify coverage, proceed with stop; do not write ticket for no insurance coverage.
4. If dispatch cannot verify coverage, the officer should consider the circumstances surrounding the situation before deciding if the vehicle should be towed, such as:
a. Physical condition of driver, (elderly, sick, etc.);
b. Weather conditions;
c. Call load;
d. If the driver is from out of state;
e. If there are small children in the car and/or the number of children;
f. If the driver or other occupants are disabled;
g. If there are animals in car;
h. The nature and quantity of contents in the vehicle (potential financial loss, perishable items, etc.);
i. Exigent circumstances;
j. Time of day; and
k. Location (desolate areas, open fields, safety issues, etc.)
5. If the officer decides to have the vehicle towed, the officer will allow a minimum of 30 minutes, before the wrecker arrives, for the driver to provide proof of insurance.
Officers will not initiate an inventory of the vehicle until after the 30 minute timeframe has elapsed.
An admission to being an uninsured driver allows the officer to proceed without a mandatory waiting period.

  1. Once it has been determined the driver is uninsured, officers shall not allow vehicles to be parked instead of towed. They will either have the vehicle towed or allow the driver to proceed with the vehicle.
  2. If an officer makes the decision not to tow an eligible vehicle because the driver fails to provide Evidence of Financial Responsibility, the officer will notify his supervisor of this decision before allowing the driver to proceed. This provides the supervisor the opportunity to review and approve those circumstances which caused the officer to decide not to tow. Nothing in this procedure requires the supervisor to make the scene to determine if a tow is required.
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GENERAL MANUAL
Procedure 607 – Impounding Vehicles

D. The following N-Codes will be used on all traffic stops involving “Failure to provide Evidence of Financial Responsibility,” when the vehicle is released. Also, the sergeant authorizing the decision not to tow will have their name entered on the Dispatch N-Code card.

N-Code 19 = Decision Not to Tow based on condition of driver (elderly, sick, etc.);

N-Code 20 = Decision Not to Tow based on weather conditions;

N-Code 21 = Decision Not to Tow based on call load;

N-Code 22 = Decision Not to Tow based on the driver is from out of state;

N-Code 23 = Decision Not to Tow based on small children in the vehicle and/or the number of children;

N-Code 24 = Decision Not to Tow based on if the driver or other occupants are disabled;

N-Code 25 = Decision Not to Tow based on the fact that there are animals in vehicle.

N-Code 26 = Decision Not to Tow based on the nature and quantity of contents in the vehicle (potential financial loss, perishable items, etc).

N-Code 27 = Decision Not to Tow based on exigent circumstances (health-care crisis, etc.);

N-Code 28 = Decision Not to Tow based on Time of Day;

N-Code 29 = Decision Not to Tow based on Location (desolate areas, open fields, safety issues, etc.)

A

.11 IMPOUNDED AS AN ABANDONED VEHICLE
A. Vehicles abandoned on any public street, or any dedicated street on city property is handled as follows:
1. SAPD Form #114, Official Police Notice (green sticker), is placed on the windshield; and
2. If the vehicle remains after twenty-four (24) hours, a parking ticket is issued for “Using the Street for Storage” and the vehicle is impounded, in accordance with GM Procedure 402, Differential Police Response (N-Code 31).
B. Vehicles abandoned on city-owned property other than dedicated streets are handled in the same manner as an abandoned vehicle on a public street, except no parking ticket is issued.
C. If parked over two (2) hours on the untraveled portion of an expressway, the vehicles are impounded;
D. If an owner returns to claim his vehicle before the vehicle has been removed, Subsection .10B of this procedure will apply.
E. Vehicles abandoned on private property do not fall within the jurisdiction of this Department.

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San Antonio Police Department
GENERAL MANUAL
Procedure 607 – Impounding Vehicles

.12 IMPOUNDED AS A RECOVERED STOLEN VEHICLE
A. The term “stolen vehicle” in this procedure refers to either a vehicle officially reported stolen to a police agency or a
vehicle not yet reported stolen but whose owner or representative verbally acknowledges the vehicle is stolen.
B. Recovered stolen vehicles used in conjunction with any serious offense are impounded. The vehicle is released only by the authority of the appropriate follow-up unit.
C. Recovered stolen vehicles not used in any serious offense are processed as follows:
1. The vehicle is processed for evidence in accordance with GM Procedure 701, Crime Scene Duties.
2. An attempt is made to contact the registered owner by:
a. Having the dispatcher contact owner by phone; or
b. Having an officer go to the owner’s residence. If no one is there, the officer leaves a message.
3. The officer shall document what attempt was made to contact the owner in a written report.
4. If the owner is contacted, the officer allows the owner a minimum of one (1) hour to claim his vehicle at the scene.
5. When recovering a stolen vehicle from a licensed vehicle storage facility, officers are required to complete SAPD Form #113, Receipt for Property, in duplicate.
6. Before releasing a recovered stolen vehicle, the officer requires the owner to:
a. Show proof of ownership;
b. Sign SAPD Form #113-2R, Release of Property; and
c. Contact the Vehicle Crimes Unit, if arrests were made.
7. If the vehicle is not released to the owner, it is impounded.

A

.13 IMPOUNDED FROM CRASH SCENE
A. Vehicles involved in public property traffic crashes and are not drivable are impounded at Growdon Storage Facility,
unless:
1. The driver, registered owner, or a member of the registered owner’s immediate family requests the vehicle be taken to a location other than the Growdon Storage Facility;
2. The vehicle was legally parked prior to the crash and is not a traffic hazard; and
3. The vehicle belongs to a governmental agency, is not a traffic hazard, and the agency requests to remove the vehicle by means of their choice.
B. If a driver of a vehicle involved in a traffic crash is incapacitated, but the vehicle is drivable, the vehicle is impounded at the Growdon Storage Facility for safe keeping, unless the registered owner or a member of the registered owner’s immediate family is available to drive the vehicle. Driver must show Evidence of Financial Responsibility as required pursuant to TTC 601.051 before driving away.
C. If a driver can make his vehicle drivable after minor repairs, the officer will allow the driver fifteen (15) minutes after the completion of the investigation to repair his vehicle. If the vehicle is still not drivable after that time, it is removed by contract wrecker. Driver must show Evidence of Financial Responsibility as required pursuant to TTC 601.051 before driving away.
D. Vehicles involved in public property crashes and come to a rest on private property are removed.
E. Vehicles involved in private property crashes and remain on private property are the responsibility of the owner to remove.

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San Antonio Police Department
GENERAL MANUAL
Procedure 607 – Impounding Vehicles

.14 RELOCATING IN LIEU OF IMPOUNDING
A. Vehicles found parked under the following circumstances are ticketed and/or relocated in lieu of being impounded:
1. On parade routes - Ticketed only if parked after restrictions are posted;
2. Hindering repair work by public works crew - Ticketed only if parked after restrictions are posted; and
3. Blocking driveways.
B. Vehicles are relocated in the immediate area. Officers notify the Security Desk as to the new location of the vehicle.
C. Vehicles are impounded only if it is impractical for them to be relocated. Impractical to relocate means there is no space available in the immediate area or all parking is restricted in the immediate area.
D. If a vehicle is impounded instead of relocated, the officer will note on the TSR whether the vehicle was parked before or after the parking restrictions were posted.

A

.15 INVENTORY AND DISPOSITION OF PROPERTY FROM IMPOUNDED VEHICLES
A. Officers inventory all impounded vehicles for any items of personal property. An inventory is a process for locating
personal property so it can be protected while in the custody of the Department.
B. An inventory is limited to places where a person ordinarily would store or leave items of personal property, such as:
1. Passenger compartment;
2. Trunk, if key is available; and
3. Any open container.
C. All personal property found during an inventory of a vehicle is listed in the details of a written report. The personal property is listed according to the location where it was found (i.e., under front seat, passenger compartment, trunk, etc.).
D. All personal property found during an inventory of a vehicle is placed in the Property Room, except property from:
1. Vehicles impounded for “0700 - 0900 or 1600 - 1800 Tow-Away-Zone” violations - Unless there is any “Valuable Property” in plain view inside the vehicle. If the property is not accessible or the vehicle is locked, refer to #2 below;
2. Locked vehicles - If entry cannot be made, the officer inventories visible property, listing the property on the TSR and in his report. The vehicle is impounded at the Growdon Storage Facility, on Secure Row, only after a supervisor personally inspects the vehicle and authorizes the storage by signing the TSR; and
3. Unlocked vehicles with bulky or excessive amounts of property - These vehicles are impounded at the Growdon Storage Facility, on Secure Row, only after a supervisor personally inspects the vehicles and authorizes the storage by signing the TSR.

520
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San Antonio Police Department
GENERAL MANUAL
Procedure 609 –
Emergency Vehicle Response And Foot Pursuits

.01 INTRODUCTION
This procedure establishes guidelines for officers in situations necessitating the use of emergency vehicles for emergency
response.
.02 POLICY
A. The Department recognizes its responsibility to apprehend criminals and to respond in an expedient manner to
requests for immediate assistance to save a life or to prevent a victim from sustaining serious injury.
B. Officers, in the emergency operation of emergency vehicles, exercise due regard for the safety of all persons, constantly aware no assignment is too important and no tasks are to be expedited with such emphasis that the basic principles of safety are jeopardized.
.03 DISCUSSION:
A. The San Antonio Police Department requires its officers to exhibit a sense of prudent judgment derived from
departmental training, acquired knowledge, skills, and ability in the operation of all emergency vehicles.
B. The sanctity of human life and individual liberties are immeasurable elements of modern society which vests police officers with the responsibility for the preservation and protection of its paramount values. In the pursuit of this responsibility, officers maintain the understanding that protection of property and apprehension of criminal offenders is subservient to the protection of life, including their own.

A

.05 ENVIRONMENTAL FACTORS

Officers operating emergency vehicles must exercise sound judgment, carefully consider the facts, and weigh the seriousness of the offense against the consequences of jeopardizing the safety of others by continually evaluating the following existing environmental factors:

  1. Time of day and day of week;
  2. Lighting conditions;
  3. Volume of traffic, both pedestrian and vehicular;
  4. Type of roadway;
  5. Condition of the roadway (i.e., dry, wet, paved, or gravel);
  6. Weather conditions (i.e., clear, overcast, rain, or fog);
  7. Condition of the emergency vehicle and fleeing vehicle;
  8. Speeds of the emergency vehicle and fleeing vehicle;
  9. Distance to be covered;
  10. Types of traffic control signals or devices; and
  11. School zones or areas where large crowds gather.

.06 EMERGENCY RESPONSE GUIDELINES

A. Only emergency vehicles will be utilized for emergency operations.
B. Officers will not drive emergency vehicles the wrong way on an expressway, an expressway exit or entrance ramp, a divided highway, or any other street or highway designated for one-way traffic.
C. Officers will not transport prisoners, witnesses, suspects, complainants, or any person who is not a member of the Department who has not signed SAPD Form #166-AR, Civilian Observer Authorization and Release, when driving emergency vehicles in emergency operations.

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San Antonio Police Department
GENERAL MANUAL
Procedure 609 –
Emergency Vehicle Response And Foot Pursuits

.07 RESPONDING TO EMERGENCY CALLS
A. Authorization for Code-Two or Code-Three emergency response:
1. Officers are authorized to make a Code-Two or Code-Three response only when assigned by the dispatcher or with verbal, on-air supervisory approval.
2. The dispatcher shall verbally specify the response is Code-Two or Code-Three. The officer shall acknowledge in accordance with GM Proc. 403, Communications
3. If an officer on a Code-One response determines a need to increase to a Code-Two or Code-Three response, he may only do so with verbal on air approval from a field supervisor.
4. If information becomes available which changes the status of a response from Code-Two or Code-Three to Code-One, all officers assigned shall verbally acknowledge the change and immediately slow down to a Code- One response.
B. Officers authorized to respond to Code-Two or Code-Three emergency calls may utilize emergency vehicles for emergency operations, provided:
1. The emergency lights and siren are activated;
2. The posted speed limit is not exceeded by more than ten (10) miles per hour on Code-Two calls;
3. Officers will come to a complete stop at all traffic control devices which require a stop under normal driving conditions and in consideration to vehicular and pedestrian traffic (i.e., stop signs, red lights, and flashing red lights) and proceed when it can be done safely;
4. Officers will reduce speed for vehicles and pedestrians at intersections marked by yield signs or yellow flashing lights and proceed when it can be done safely;
5. Officers will reduce speed and proceed when it can be done safely when driving emergency vehicles into or through school zones during normal school hours or into areas where large crowds are known to congregate, such as city parks and outdoor public events; and 6. Officers will exercise due regard for the safety of all persons.
C. For an officer to respond to a Code-Two or Code-Three emergency call without using emergency lights or siren, as allowed by the Texas Transportation Code, Section 546.004, an officer must first receive verbal, on-air authorization from a supervisory officer.

A

.08 FOOT PURSUITS

A. When engaging in a foot pursuit of a suspect, officers must exercise sound judgment, carefully consider the facts, and weigh the seriousness of the offense against the consequences of jeopardizing the safety of others.

B. While engaged in a foot pursuit officers should, as soon as safe to do so, update the Dispatcher with the information.

522
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San Antonio Police Department
GENERAL MANUAL
Procedure 610 – Missing Persons

.01 INTRODUCTION
This procedure establishes guidelines for reporting missing persons, entering information into the computer system, and the canceling of missing person reports.

.02 POLICY
A. The San Antonio Police Department investigates all reports of persons who are missing from, who were last seen in, or who are believed to be in the City of San Antonio.
The Department’s responsibilities include investigations into possible violations of the Texas Penal Code and the Texas Family Code.

B. The Department also assists citizens in attempting to locate persons who are not missing, but who may be temporarily lost
(i.e., motorists from out of town who are following each other and who become lost due to heavy traffic conditions overdue motorists).

.03 DEFINITIONS

A. “Lost Persons” means those persons temporarily separated from their party or relatives.

B. “Missing Person” means:

A person seventeen (17) years old or younger who has disappeared;

A person eighteen (18) years or older whose disappearance appears to be non-voluntary;
or An elderly or confused person who has disappeared.

C. “Mental Health Facility Missing Persons” means a person who is receiving
“inpatient mental retardation services” (old)
inpatient intellectual developmental disorder services or court ordered inpatient mental health services in a mental health facility and that person leaves the facility without notifying the facility, or without the facility’s consent.

A

.04 LOST PERSONS

A. When attempting to locate lost persons, the officer(s) assigned to the call assists the reporting party in locating the person who is lost.

B. Should it become apparent the person cannot be located without further assistance, the officer notifies a supervisory officer concerning the situation, as a more detailed search of the area may be necessary.

C A supervisory officer makes a decision regarding any further disposition of the case.

.05 REPORTING MISSING PERSONS

A. All reports of missing persons are recorded on SAPD Forms No. 2-1, Offense Report, and No. 2-3, Offense Continuation.

B. Missing person reports are taken immediately with no time lapse or arbitrary waiting period required before reporting an individual missing.

C. Missing person complaints involving a juvenile/child who is seventeen (17) years of age or younger or an elderly individual sixty-five (65) years of age and older or confused adult are taken by a Patrol Division officer in the field.
The officer assigned to the call notifies a supervisory officer of the situation, as a search of the area may be necessary.

D. All other reports of missing persons, except persons missing from the San Antonio State Hospital, are taken, in person, by any of the following:

  1. Any Patrol Division officer;
  2. The Missing Persons /Juvenile Processing Office.

E. Reports of persons missing from the San Antonio State Hospital may be called in by telephone to the Missing Persons / Juvenile Processing Office.

F. A missing persons report is not taken if a person is not missing from or last seen in the City of San Antonio.

523
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San Antonio Police Department
GENERAL MANUAL
Procedure 610 – Missing Persons

.06 STATE ALERT CRITERIA
Local and regional alerts will be initiated by the Missing Persons/Juvenile Processing office and the response directed by the follow up unit with investigative responsibility.

Request for any State Alerts must meet criteria defined by DPS (https://www.dps.texas.gov/IntelligenceCounterterrorism/alerts/index.htm.)

The Missing Persons/Juvenile Processing Office is responsible for initiating the Amber State Alert request to DPS upon meeting the below criteria.

A. Amber Alerts – Designed to inform the public of serious child abductions, in an effort to promote tips and leads to law enforcement. The below represents AMBER Alert criteria for the state’s network:

  1. Is this child 17 years of age or younger, whose whereabouts are unknown, and whose disappearance law enforcement has determined to be unwilling which poses a credible threat to the child’s safety and health; and if abducted by a parent or legal guardian, was the abduction in the course of an attempted murder or murder?
  2. Is this child 13 years of age or younger, who was taken (willingly or unwillingly) without permission from the care and custody of a parent or legal guardian by:
    a. Someone unrelated and more than three years older; or
    b. Another parent or legal guardian who attempted or committed murder at the time of the abduction?
  3. Is this child in immediate danger of sexual assault, death or serious bodily injury?
  4. Has a preliminary investigation verified the abduction and eliminated alternative explanations for the child’s disappearance?
  5. Is sufficient information available to disseminate to the public to help locate the child, a suspect, or the vehicle used in the abduction?

B. Silver Alert - Designed to notify the public of missing older adults with a documented mental condition (to include Alzheimer’s disease and other forms of dementia.)
The below represents Silver Alert criteria for the state’s network:
1. Is the missing person 65 years of age or older or been diagnosed with Alzheimer’s Disease?

  1. Does the senior citizen have a diagnosed impaired mental condition, and does the senior citizen’s disappearance pose a credible threat to the senior citizen’s health and safety?
    (Law enforcement shall require the family or legal guardian of the missing senior citizen to provide documentation from a medical or mental health professional of the senior citizen’s condition).
  2. Is it confirmed that an investigation has taken place verifying that the senior citizen’s disappearance is due to his/her impaired mental condition, and alternative reasons for the senior citizen’s disappearance have been ruled out?
  3. Is the Silver Alert request within 72 hours of the senior citizen’s disappearance?
  4. Is there sufficient information available to disseminate to the public that could assist in locating the senior citizen?
    (Highway signs will be activated only if accurate vehicle information is available AND it is confirmed that the senior citizen was driving the vehicle at the time of the disappearance).

Note:
A physician’s letterhead, indicating the impaired mental condition, date of diagnosis, patient’s name, with physician’s signature is recommended to satisfy the documentation requirement.

A

C. Blue Alerts - Designed to speed in the apprehension of violent criminals who kill or seriously wound local, state, or federal law enforcement officers.
During a Blue Alert, the public receives information regarding the suspected assailant, facilitating tips and leads to law enforcement.
The below represents Blue Alert criteria for the state’s network:

  1. A law enforcement officer must have been killed or seriously injured by an offender.
  2. The investigating law enforcement agency must determine that the offender poses a serious risk or threat to the public and other law enforcement personnel.
  3. A detailed description of the offender’s vehicle, vehicle tag, or partial tag must be available for broadcast to the public.
  4. The investigating law enforcement agency of jurisdiction must recommend activation of the Blue Alert to the Texas Department of Public Safety (DPS).

D. Endangered Missing Person Alert - Texas AMBER Alert legislation was updated to include alerts for missing persons (of any age) with an intellectual disability (Autism, Developmental Disorders etc.) In order to avoid public confusion with AMBER Alerts for abducted children, the name “Endangered Missing Persons Alert” was selected.
The below represents Endangered Missing Persons Alert criteria for the state’s network:

  1. Has the missing person been diagnosed with an Intellectual Disability and/or a Pervasive Developmental Disorder, including Asperger’s Disorder, Autistic Disorder, Autism Spectrum Disorder, Childhood Disintegrative Disorder, Rett’s Disorder or a Pervasive Developmental Disorder (Not Otherwise Specified)?
    If the missing person has been diagnosed with an Intellectual Disability, law enforcement shall require a written diagnosis from a physician or psychologist licensed to practice within Texas, or certified by the Texas Department of Aging and Disability Services and/or Texas Department of State Health Services.
  2. Is it confirmed that an investigation has taken place, verifying that a reasonable explanation for the missing person’s disappearance has been ruled out and that the disappearance poses a credible threat to the health and safety of the missing person?
  3. Is the Endangered Missing Persons Alert request being made within 72 hours of the missing person’s disappearance?
  4. Is there sufficient information available to disseminate to the public that could assist in locating the missing person?
    (Highway signs will be activated only if accurate vehicle information is available AND it is confirmed that the missing person was in the vehicle at the time of the disappearance).

E. Camo Alert - Designed to notify the public of a missing current or former member of the United States armed forces, including the National Guard or a reserve or auxiliary unit of any branch of the armed forces.
The below represents Camo alert criteria for the state’s network:

  1. Verification from the Texas Department of Public Safety that the missing military member is registered for the camo alert program.
  2. Confirmation the individual reported missing is a current or former member of the United States armed forces, including the National Guard or a reserve or auxiliary unit of any branch of the armed forces and that the individual’s location is unknown.
  3. Confirmation the missing person suffers from a mental illness, including post-traumatic stress disorder or a traumatic brain injury.
  4. Confirmation the disappearance poses a credible threat to the military member’s health and safety or the health and safety of another.

Note: A physician’s or psychologist’s letterhead, indicating the impaired mental condition, date of diagnosis, patient’s name, with physician’s signature is recommended to satisfy the documentation requirement.

F. CLEAR Alert - Designed to close the gap between missing children and senior citizens.
The CLEAR alert assists law enforcement in locating and rescuing missing, kidnapped or abducted adults or adults who are in immediate danger of injury or death, as well as aid in locating any potential suspects.
The below represents CLEAR Alert criteria for the state’s network:

  1. Is the individual 18 to 64 years of age, whose whereabouts are unknown?
  2. Has a preliminary investigation verified the adult is in imminent danger of bodily injury or death or is the disappearance involuntary such as an abduction or kidnapping?
  3. Is the clear alert request within 72 hours of the individual’s disappearance?
  4. Is sufficient information available to disseminate to the public to help locate the individual, a suspect, or the vehicle used in the incident?
524
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 611 – Mentally Ill Persons

.01 INTRODUCTION

Officers may encounter persons who exhibit symptoms of mental illness in a variety of community settings.
This procedure is intended to assist officers in the evaluation, assessment, and disposition of persons (both adults & juveniles) with mental illness who are involved in a mental health crisis.

.02 DISCUSSION
A. Police officers must understand persons with mental illness may have an illness requiring require professional assistance and the officers’ actions may affect the immediate behavior of a person with mental illness.

B. Officers should attempt to carefully evaluate individuals involved in a mental health crisis and determine the best course of action to take in order to resolve the situation according to the guidelines established in this procedure and GM Procedure 802, Unusual Occurrences and Critical Incidents.

C. The Department has implemented a program which provides officers the opportunity to receive specialized training in handling mental health crises. Officers who complete this training become certified as Crisis Intervention Team (CIT Officers).
CIT Officers are trained in using crisis intervention techniques and skills to handle incidents involving persons with mental illness.

A

.04 RECOGNITION OF MENTAL ILLNESS

A. Police officers routinely encounter situations involving persons exhibiting unusual behavioral characteristics, ranging from passive to violent. Police officers must recognize symptoms which may indicate the existence of mental illness.

B. The following are some of the symptoms commonly associated with persons with mental illness:

  1. Drastic mood swings or behavioral changes;
  2. Loss of memory;
  3. Thoughts of being plotted against or delusions of grandeur;
  4. Speaks to himself, hears voices, sees visions, or smells strange odors;
  5. Thinks people are watching or talking to him;
  6. Exhibits an extreme degree of panic or fright;
  7. Behaves in away dangerous to himself or others
    (i. e.,hostile,suicidal,makesthreatstowardsothers,etc.)
  8. Poor personal hygiene or appearance
  9. Demonstrates an unusual thought process or verbal expressions or is catatonic.

C. Upon recognition of a mental health crisis situation the officer’s responsibilities include:

  1. Maintaining a high degree of caution in dealing with the potentially unpredictable nature of persons with mental illness;
  2. Protecting the general public from the actions of the persons with mental illness;
  3. Protecting the persons with mental illness from his/her own actions; and
  4. Providing the most effective remedy available at the time to resolve the crisis situation.
525
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 611 – Mentally Ill Persons

.05 CRISIS INTERVENTION TEAM (CIT) OFFICERS
A. A Crisis Intervention Team (CIT) officer is defined as any officer on the Department who has successfully completed the 40 hours Crisis Intervention Team training.

B. CIT Officers are assigned to regular patrol duties and when available respond to situations involving persons who are experiencing a mental health crisis.

C. The CIT Officer at the scene of a call involving a mental health crisis situation has the responsibility for handling the situation unless otherwise directed by a supervisor.
The CIT Officer should ask for additional support, if necessary.

D. CIT Officers may only take the same courses of action as other patrol officers when handling a mental health crisis.
The courses of action are listed in Section .08 of this procedure.

.06 INITIAL RESPONSE
A. Communications Unit -
Dispatchers responsibilities include:
1. Attempt to determine if a service call is a mental health crisis;
2. Identify mental health crisis calls by using appropriate code;
(Mental Health in Progress, Mental Health Disturbance, Mental Health Routine);
3. Assign and dispatch a CIT Officer when available, along with a cover officer, to mental health crisis situations;
4. Assign and dispatch an officer and at least one cover officer to mental health crisis situations when a CIT Officer is not available;

B. Officers responsibilities include:

  1. When dispatched, the officer assigned report responsibility coordinates his arrival with the cover officer;
  2. If the handling officer assigned to a call is not a CIT Officer, he may request a CIT Officer respond to assist with the call;
A

.07 ARRIVAL AT THE SCENE

A. Circumstances permitting, the officer takes time to effectively evaluate the situation prior to taking any action.
Officers should determine the best course of action to be taken, including the need for Emergency Medical Services (EMS) or Warrantless Emergency Detention.

B. Officers should be prepared to take the appropriate tactical measures to protect themselves and others.
Officers should remain aware of the location of their cover officer, along with others involved in the situation.

C. Upon arrival at the scene, officers shall approach persons with mental illness with caution. Officers should keep these persons under close observation and speak to them in an unhurried, patient and calm manner, which is maintained throughout the incident.

D. A frisk of the individual and a search of the immediate surrounding area are conducted, in accordance with GM Procedure 502, Warrantless Arrests, Searches, and Seizures, to ensure the absence of any potential weapons.
Frisking and handcuffing the individual may be necessary to satisfy safety requirements.

E. The person with mental illness should be guided to a safe and quiet area, if possible.
This area should be away from other persons or things that may further incite the situation.

F. Officers shall not force individuals to take any medications. If the individual is taken into custody, any medication being taken by the individual should be transported with the individual and released to the appropriate medical or detention personnel (this shall be documented in the report).

G. Officers attempting to resolve a mental health crisis should rely on:

  1. Close and constant visual observation of the person experiencing a mental health crisis situation;
  2. Interviews of the person experiencing a mental health crisis situation. If possible, officers should interview relatives, friends, neighbors, or others associated with the situation;
  3. Information provided by medical and mental health professionals regarding the physical and mental health condition of the person experiencing a mental health crisis situation;
  4. Other available information sources and personnel, such as Center for Health Care Services, a CIT Officer, a field supervisor and other officers or data files;
  5. Personal experience, training, and sound judgment.
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San Antonio Police Department
GENERAL MANUAL
Procedure 611 – Mentally Ill Persons
.08 COURSES OF ACTION

B. Warrantless Emergency Detention-Officers Authority and Criteria

  1. Officers making a Warrantless Emergency Detention will do so under the guidelines and authority as set forth in the Texas Health and Safety Code, Title 7, Mental Health and Mental Retardation, Subtitle C, Texas Mental Health Code, Chapter 573, Emergency Detention, Subchapter A, Apprehension by Peace Officer, and Section 573.001, Apprehension by Peace Officer without warrant. Detentions of this nature are for protective purposes and are not criminal.
  2. A peace officer has the authority to take a person into custody without a warrant for the purpose of obtaining an evaluation of his emotional and mental status, and the need for involuntary hospitalization if the officer has reason to believe and does believe:
    a. The person evidences mental illness; and
    b. The person evidences a substantial risk of serious harm to the person or to others unless the person is immediately restrained; and
    c. The officer believes there is not sufficient time to obtain a warrant before taking the person into custody.
  3. A substantial risk of serious harm to the person or others may be demonstrated by:
    a. The person’s behavior; or
    b. Evidence of severe emotional distress and deterioration in the person’s mental condition to the extent the person cannot remain at liberty.
  4. The peace officer may form the belief the person meets the criteria for apprehension based on specific recent behavior, overt acts, attempts, or threats by the person which are:

a. Evidence of severe emotional distress and deterioration in the person’s mental condition to the extent the person cannot remain at liberty.
b. Observed by the officer at the time the apprehended person is found; or
c. Reliably reported to the officer by a credible person (Health & Safety Code Section 573.001).

A

C. Warrantless Emergency Detention-Custody of Persons with Mental Illness
1. Warrantless Emergency Detention is civil in nature and does not impose criminal sanctions.

However, officers should use sound tactics when contacting a person with a mental illness as hazardous situations may arise.

527
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San Antonio Police Department
GENERAL MANUAL
Procedure 611 – Mentally Ill Persons
.08 COURSES OF ACTION

D. Firearms Seized from Certain Persons with Mental Illness

  1. In accordance with Health and Safety Code Section 573.001, a peace officer who takes a person into custody under an emergency detention,
    * *may immediately seize** any firearm found in possession of the person.

After seizing a firearm under this subsection, the peace officer shall comply with the requirements of Article 18.191, Code of Criminal Procedure taking custody of the firearm.

A

.09 REPORT RESPONSIBILITIES
A. The officer assigned to the call by the dispatcher will have report responsibility for the mental health crisis situation, including the transporting of the person to an evaluation facility or detention facility.

B. Officers assigned report responsibilities will document their findings and any actions taken in their respective report.
Copies of any report involving mental health issues shall be forwarded to the Mental Health Detail.

C. Officers handling a mental health crisis where the person with mental illness has not committed a criminal offense, but where the person is taken into custody for a Warrantless Emergency Detention, will complete an Offense Report along with SAPD Form #127-ED.
**No complainant will be listed on the report.*
The person with mental illness will be listed as the “Emergency Detention” (ED) on the report.
The Offense Report will be titled as “Emergency Detention.”
Officers will list the situation found as “Mental Health Related” on all Emergency Detention offense reports and any report indicating the primary reason for the call was due to a mental health issue.

D. Officers handling a mental health crisis where the person with mental illness has not committed a criminal offense and where no Warrantless Emergency Detention is made will complete an Incident Report.
Additionally, officers will complete the appropriate report criteria documenting the mental health crisis.

E. Officers handling a mental health crisis where a person with mental illness has committed a criminal offense will complete an Offense Report as follows:
1. The offense report will be titled with the appropriate criminal offense if an arrest is made and shall include the details of the criminal offense and any details needed to establish the criteria for Warrantless Emergency Detention if applicable.
The complainant of the criminal offense will be listed as the “Victim” (V). If the person with mental illness is arrested for the criminal offense, the person will be listed as the “Arrested Person” (AP) on the Offense Report.

2.   If no arrest and no Warrantless Emergency Detention are made, the person will be listed as the “Suspect” (SP). Additionally, officers will complete the appropriate report criteria documenting the mental health crisis; 
  1. If the person with mental illness is not arrested for the criminal offense and a Warrantless Emergency Detention is made, the primary offense will be titled Emergency Detention, the person will be listed as the “Emergency Detention” (ED) on the Offense Report.
    The related offense will be titled as the criminal offense with the person also titled as the “Suspect” (SP).
    Additionally, officers will complete the appropriate report criteria documenting the mental health crisis and shall list in the details of the report that the ED was not arrested.
    A copy of the report shall be sent to the appropriate follow-up unit.

F. Officers who make a Warrantless Emergency Detention will complete SAPD Form #127-ED and include the case number at the top of the form.
The original application will be forwarded to the Records Office.
A duplicate with an original signature will be given to the facility accepting the person with mental illness along with a copy of the offense report.

G. Officers will forward copies of all reports involving mental health crisis situations, including a copy of SAPD Form #127-ED, to the Psychological Services Office and the Crisis Negotiators Detail when the officer reasonably believes the person with mental illness has the potential to become involved in critical incident.

528
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 611 – Mentally Ill Persons

  1. N-CODING A MENTAL HEALTH RELATED CALL
    A. Officers responding to mental health calls will have three N-Codes available to use as the disposition of the Call for Service, if a report is not required to be written.
    They are as follows:
  2. N23MH – Mental Health No Complainant –
    This N-Code is used when officers are dispatched to a location for someone who may be having a mental health issue and upon arrival they do not find anyone.
  3. N23MHN – Mental Health No Criteria for Emergency Detention –
    This N-Code is used when Officers arrive at the call and after talking to the consumer, it is determined the consumer has mental health issues but the consumer is not homicidal, suicidal, or in a state of mental decompensation.
    The consumer and family if present, is given resources they can use.
    3. N23MHR–MentalHealth–RefusedServices–
    This N-Code is used when Officers arrive at the call and after talking to the consumer, it is determined the consumer has mental health issues but the consumer is not homicidal, suicidal, or in a state of mental decompensation.
    The consumer also REFUSES any assistance and does not want any information on resources available to them.
A
  1. INITIAL AND REFRESHER TRAINING

A. Police Cadets shall receive a minimum of 40 hours of Crisis Intervention Team Training regarding interactions with persons suspected of suffering from mental illness in the Training Academy.

B. Officers shall receive refresher training regarding interactions with persons suspected of suffering from mental illness at least every three years.

C. Newly hired civilian employees who will have contact with the public shall receive initial training interactions with persons suspected of suffering from mental illness from their parent unit.

D. Civilian employees who have contact with the public shall receive refresher training regarding interactions with persons suspected of suffering from mental illness at least every three years.

529
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 612 – Deaf or Hearing Impaired Persons

.01 INTRODUCTION
This procedure establishes guidelines which assist officers in recognizing and providing for the special needs of deaf and hard of hearing persons.

.02 POLICY
It is the policy of the San Antonio Police Department to require its officers to be able to communicate with the deaf and hard of hearing community through the use of DeafLink, written English, printed cards, signers, interpreters, or intermediaries in order to protect the constitutional rights and rights guaranteed under federal law for the deaf and hard of hearing community.
Under the Americans with Disabilities Act (ADA), people who are deaf or hard of hearing are entitled to the same services law enforcement provides to anyone else.
An officer must attempt to relay the same depth of information, and give the same opportunity for exchange with the deaf person that would be given a hearing person in the same situation, no matter what service is being provided.

A

.05 INFORMATIONAL CARDS

A. SAPD Form #12-HI-A, Information For Hard of Hearing - Arrested Person, is a card presented to a deaf or hard of hearing person who has been arrested or suspected of committing a Class B misdemeanor or higher offense, advising them they are under arrest and will be taken to jail or to a police facility for questioning.

B. SAPD Form #12-HI-T, Information For Hard of Hearing - Traffic/Misdemeanor Citation, is a card presented to a deaf or hard of hearing person who has been stopped for a traffic violation, explaining why they were stopped and the action they should take concerning the traffic citation.

.06 NEED FOR DEAFLINK / QUALIFIED INTERPRETER
A. Any officer unable to communicate effectively with a deaf or hard of hearing person involved in any police matter (i.e., traffic crash, disturbance, etc.) shall escort the individual to the nearest DeafLink location.

B. If the police matter is serious and the individual cannot be escorted to the nearest DeafLink location, the officer shall request, through a supervisor, a qualified interpreter be provided to communicate with the deaf or hard of hearing person.

530
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 615 – Exposure To Communicable Diseases and Other Public Health Risks

.01 INTRODUCTION

A. This procedure establishes guidelines for members to follow in the event they are exposed to blood-borne pathogens, infectious materials, communicable diseases, or WMD/Hazardous Materials.

B. This procedure also establishes guidelines for officers on how to limit unnecessary contact with persons suspected of having contagious diseases or parasites, the proper methods for disposal of contaminated items, the decontamination of clothing and vehicles, and the handling of suspected contaminated crime scenes.
In the event of deployment of the Personal Protective Equipment (PPE) Kit, this procedure will supplement the applicable procedures established in Section 800 (Emergency Operations Guidelines) of the General Manual.

.02 POLICY

A. All officers, while exercising extreme caution when handling individuals having or suspected of having contagious diseases or parasites, will not intentionally ignore or avoid contact with those individuals when such contact is necessary in the performance of a lawful objective.

B. Where reasonable care and precautions have been taken, officers shall not refuse to transport or communicate with individuals having or suspected of having contagious diseases or parasites, or investigate situations or scenes where contaminated body fluids or evidence is present.

C. Supervisory officers shall strive to ensure the safety of all officers in situations involving the possible presence of contagious diseases, parasites, or infectious materials and evidence through the utilization of all available precautions and barriers prior to ordering officers into such situations.

.03 DISCUSSION

Contagious diseases such as acquired immune deficiency syndrome (AIDS), viral hepatitis, tuberculosis, and others are spreading through our society at an alarming rate.
With the increase and spread of these diseases and the continued presence of various parasites comes the increased possibility officers will contact individuals suspected of or infected with a contagious disease or parasite while in the performance of their duties.
Therefore, officers should remain aware any citizen can be infected with a contagious disease or parasite and should follow the provisions of this procedure to minimize the possibility of being infected with a contagious disease or parasite.

A

.05 RESPONDING TO INITIAL REQUESTS FOR SERVICE

A. Officers responding to requests for police services who come into contact with individuals showing outward signs or manifestations of disease or parasites, or individuals suspected of having a contagious disease or parasite, should avoid unnecessary physical contact with the persons, other than for the following reasons:

  1. The rendering of emergency first aid;
  2. To stabilize a life-threatening situation; or
  3. To effect an arrest.

B. Members forewarned of, or who suspect, the presence of a contagious disease or parasite take appropriate precautions to prevent unnecessary skin contact by using the various equipment provided in an Infection Barrier Kit.

C. Members unable to avoid close personal contact with a person believed to have a contagious disease or parasite should decontaminate themselves and their vehicle as soon as possible in accordance with Sections .13 and .14 of this procedure.

.06 PRISONERS EXHIBITING SYMPTOMS OF CONTAGIOUS DISEASES OR PARASITES

A. Officers arresting persons with outward signs of contagious diseases or parasites, or persons suspected of having contagious diseases or parasites isolate those prisoners from other prisoners.

B. Prisoners who require medical treatment as the result of highly contagious diseases are transported by an E.M.S. unit.

C. Prisoners exhibiting symptoms of having contagious diseases or parasites who are to be treated or admitted into a hospital are handled in accordance with Subsection .09D of this procedure and Procedure 601, Prisoners.

D. Prisoners who are suspected of having contagious diseases or parasites, but have been cleared from the need of medical attention are processed for the alleged offense with the nature of the suspected contagious disease or parasite noted in the officer’s report and on the booking slip.
The City of San Antonio Detention Center supervisor is advised of the prisoner’s suspected condition at the time of booking.

E. Prisoners exhibiting symptoms of contagious diseases or parasites are not transported with other prisoners.

F. When transporting prisoners exhibiting symptoms of contagious diseases or parasites, officers should operate the police vehicle in the following manner:

1. Drive with the window glass in the down position; 
2. Place the air-conditioning or heating controls in the fresh air mode instead of the recycle air mode.

.07 SCENES INVOLVING SUSPECTS/VICTIMS WITH CONTAGIOUS DISEASES OR PARASITES

A. Officers at scenes where body fluids are present or where contagious diseases or parasites are suspected do not deviate from established procedures for securing the scene from tampering or intrusion.

B. Officers should use Infection Barrier Kits at any scene where body fluids are present or where contagious diseases or parasites are suspected.

C. Victims believed to have contagious diseases or parasites are not handled by officers, unless necessary, without protective gloves or other precautionary measures.

D. Officers shall not eat, drink, or smoke at scenes where body fluids are present or other contagious factors exist.

E. The Crime Scene Unit is notified in cases where evidence is believed to be contaminated with infectious material, contagious diseases, or parasites and needs to be recovered/transported to the Property Room or the Medical Examiner’s Office.
Officers shall notify members of the Crime Scene Unit the evidence may be contaminated with infectious material, contagious diseases, or parasites prior to the Crime Scene Unit member entering the scene and collecting the evidence.

F. Evidence recovered at crime scenes involving infectious material or contagious diseases is properly packaged and clearly marked in accordance with Crime Scene Unit procedures before being placed in the Property Room or taken to the Medical Examiner’s Office.

G. The owner or person in charge of the premises where an incident occurred is advised to contact the Metropolitan Health District to obtain the proper procedure for decontaminating the premises if infectious material, contagious diseases, or parasites are present or suspected.

531
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 615 – Exposure To Communicable Diseases and Other Public Health Risks

.08 SEARCHES OF PERSONS AND VEHICLES

A. Officers are to exercise extreme caution while conducting searches of all persons suspected of having communicable diseases.
Care should be taken to prevent the accidental skin puncture by needles or sharp objects which may be carried in pockets or purses.

B. Officers are to use caution while searching vehicles.
Hypodermic needles, knives, and other sharp objects are frequently hidden beneath front seats or behind the back seats of vehicles.

.09 OCCUPATIONAL EXPOSURES TO COMMUNICABLE DISEASES

If a member of the Department believes he has experienced an occupational exposure, the following procedures must be adhered to:

A. Members Potentially Exposed to Communicable Diseases:
1. Members shall ensure the area of exposure is immediately washed and sanitized.
2. Members shall immediately notify their supervisor of the exposure incident.
Supervisors will arrange for the person who exposed the member to be tested/booked while the member, who was exposed to the communicable disease, is treated at the hospital, in accordance with Subsection 615.09 C.
3. Members, who believe they have been exposed to a communicable disease, must go immediately to University Hospital, located at 4502 Medical Drive, to be treated and tested. In order to qualify for workers’ compensation benefits, a member who claims a possible work-related exposure must be tested for Viral Hepatitis and HIV within 10 days of the exposure.
4. Members are encouraged to immediately take the medications prescribed by physicians.
If taken within 2 hours of the exposure, some medications are believed to reduce the risk of contracting HIV by 80%.
5. Members must write a supplement report detailing how the exposure incident occurred and the treatment received at the hospital.
6. Members, who believe they have experienced an occupational exposure by a prisoner who is refusing to be tested for communicable diseases, will complete an Affidavit in Support of Mandatory Testing for Communicable Diseases, SAPD Form #CD-2. Follow-up unit Detectives or the Night CID Unit Detectives will assist the officer in completing the affidavit in accordance with Subsection .09B.
7. If members are accidentally exposed by a person other than a prisoner,
a. Members will comply with Subsections 615.09 A1-5.
b. The person, who exposed the member, is asked to voluntarily submit to a test for communicable diseases at the City’s expense.
c. If the person consents to the test, a supervisor will arrange for the transportation of this person to University Hospital.
d. If the person does not consent to be tested for communicable diseases, the person will be identified and allowed to leave.
e. Members will immediately contact the Homicide Unit or the Night CID Unit and complete SAPD Form #CD-2, Affidavit in Support of Mandatory Testing for Communicable Diseases.
f. After the affidavit is signed, it will immediately be delivered in person to the Accounting and Personnel Office.
g. The Accounting and Personnel Office will hand deliver it, no later than the next business day, to the Health Department‘s Epidemiologist.
h. The Health Department will arrange court proceedings to determine if the person who exposed the officer will undergo testing for communicable diseases.
8. If members are accidentally exposed to infectious material, other than by a person, the members will comply with Subsections .09A1 - 5.
9. If the members are accidentally exposed to a patient’s blood or body fluids while rendering assistance at the scene of an emergency or while transporting the patient to the hospital,
a. The hospital may test for Hepatitis B or
Hepatitis C without the patient’s consent.
b. Members should, however, first ask the patient to voluntarily submit to a test for communicable diseases.

A

B. Duties of Assisting Officers / Detective Investigators

  1. The assisting officer who is guarding the prisoner will ask the prisoner if he would voluntarily consent to a test for communicable diseases.
    a. Regardless of whether the person consents or refuses, the prisoner is asked to sign SAPD Form #CD-1, Consent/Refusal to Draw Blood for the Testing of Communicable Diseases.
    b. If the person refuses to sign the form, the officer writes “Refused to Sign” on the portion of the form where the prisoner is supposed to sign.
    The officer then dates and signs the form as the witness.
    c. If the prisoner consents, the assisting officer will notify hospital personnel and the tests for communicable diseases will be conducted immediately.
    d. If the prisoner refuses to be tested for communicable diseases, the assisting officer will notify the follow-up unit/Night CID Unit and his supervisor.
  2. The follow-up unit, which has investigative responsibility for the criminal offense committed, will assist the officer in completing the proper paperwork to have the prisoner tested for communicable diseases when the prisoner has refused to be tested for communicable diseases.
    a. The follow-up unit Detectives, during normal business hours, or the Night CID Unit Detectives, between the hours of 1900 and 0500, will assist the exposed officer in completing SAPD Form #CD-2, Affidavit in Support of Mandatory Testing for Communicable Diseases.
    This process should be completed at the hospital.
    b. After the officer has signed the affidavit, the follow-up unit Detectives or Night CID Unit Detectives will notarize it.
    c. The follow-up unit Detectives or Night CID Unit Detectives will then complete SAPD Form #CD-3, Order for Testing, and present it as well as copies of completed SAPD Forms #CD-1 and #CD-2 to a magistrate having jurisdiction over the prisoner.

(1) After the magistrate signs the order, a copy is made and given to the personnel at University Hospital, so the prisoner can be immediately tested for communicable diseases.
(2) SAPD Forms #CD-1, #CD-2, and #CD-3 are then attached to the original offense/incident report and forwarded to the Records Office.
d. In the event the exposed officer is unable to sign the affidavit, the follow-up unit Detectives or Night CID Unit Detectives will contact a magistrate for assistance in having the prisoner tested on the magistrate’s own motion in accordance with Article 18.22(a) of the Code of Criminal Procedures.

C. Duties of Supervisors

  1. Once a supervisor is notified of a potential exposure incident, he will ensure the exposed officer and the prisoner are transported to University Hospital for testing.
  2. If members are accidentally exposed to infectious material by a person other than a prisoner and the person consents to the test, a supervisor will arrange for the transportation of this person to University Hospital.
  3. The supervisor should go the hospital where the officer is located and remind the officer who has been exposed of the proper follow-up procedures.
  4. The supervisor will properly complete all Workers’ Compensation forms and ensure all forms are delivered to the Accounting and Personnel Office in accordance with Procedure 916, Workers’ Compensation.

D. Medical Testing of Prisoners for Communicable Diseases

Prisoners who have potentially exposed officers to communicable diseases are transported to University Hospital in accordance with Section .06 of this procedure.
The assisting officer will inform the medical staff of the details surrounding the exposure incident and follow the guidelines listed in Subsection .09B.

E. Follow-up Procedures

Members who would like to know the results of the communicable diseases exams will call the Epidemiologist with the Health Department at 207-8876.

532
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 615 – Exposure To Communicable Diseases and Other Public Health Risks

.10 DOCUMENTING THE PRESENCE OF CONTAGIOUS DISEASES OR PARASITES

A. Supervisory officers complete all required Workers’ Compensation forms for members who receive medical attention as a result of exposure to contagious diseases or parasites.

B. Members document in a supplemental report their personal involvement in any case in which they have been exposed to the possible presence of contagious diseases, parasites, or infectious material.
Supervisory officers acknowledge receipt of the supplemental report, authenticate the incident, and make the reports a part of the officer’s departmental personnel file.

C. Members recognizing the presence of a contagious disease or parasite at a particular location will, in addition to the necessary reports for any offense observed, direct a supplemental report describing the nature of the public health risk and the location to the Health Department.

D. Information regarding individuals exhibiting signs of communicable disease is confidential and not released other than through official police correspondence.

.11 ISSUANCE AND USE OF PROTECTIVE EQUIPMENT / SUPPLIES

A. A supply of Infection Barrier Kits and replacement items shall be available to all supervisors by the Fleet Services
Management Office.
B. Supervisors shall ensure Infection Barrier Kits are supplied in each marked police vehicle.
Issuance of Infection Barrier Kits and replacement items shall be documented in a written log by members of the Fleet Services Management Office assigned to each substation.
C. Members of the Department who need replacement items for their Infection Barrier Kits shall notify their supervisor in writing.
Supervisors shall replace these items and then forward the report to the member of the Fleet Services Management Office assigned to his substation.
D. An adequate supply of Infection Barrier Kits and replacement items shall also be kept in stock at every substation for issuance to members by supervisors in emergency situations.
E. Infection Barrier Kits (packaged in 12” x 15” clear, re-sealable bags) consist of Infection Barrier Items and a Clean- Up Kit.

A

.12 DISPOSAL OF CONTAMINATED PROTECTIVE EQUIPMENT / SUPPLIES

A. The presence of an infectious disease or parasite is presumed anytime disposable equipment or supplies are utilized.
Such supplies or equipment are not indiscriminately discarded at the scene or disposed of in a way which may cause casual contact by another person.
B. After being used, all Infection Barrier Kit items and any other items or supplies used as an infection barrier are to be disposed of properly.
The only acceptable method of disposal is to seal the items in one of the red disposable bags marked “Biohazard Infectious Waste” contained in the Infection Barrier Kits.
After being sealed, the biohazard infectious waste is taken to the Fleet Services Management Office, which is located at 329 S. Frio.
A large trash can marked “Biohazard Infectious Waste” will be placed directly outside of the Fleet Services Management Office, so officer may properly dispose of the biohazard infectious waste. Officers disposing of biohazard infectious waste shall document in a written report the method used for disposal.
Copies of the report are routed to the officer’s supervisor and the Fleet Services Management Office.
C. After the trash can labeled “Biohazard Infectious Waste” is full, a member of the Fleet Services Management Office will deliver the Biohazard Waste to the Health Department Lab located at 332 W. Commerce on the 2nd floor.
Members of the Fleet Services Management Office will call in advance to schedule the delivery. The telephone number to the Health Department Lab is 207- 8747.

.13 DECONTAMINATION OF POLICE VEHICLES

A. At no time will an officer drive or place another person in a police vehicle containing visible blood or body fluid or in a police vehicle thought or presumed to contain the presence of a contagious disease or parasite.
This is for the protection of both the officer and any other person being placed in or riding in the vehicle.

B. Police vehicles containing small amounts of blood or body fluids are cleaned using the hospital grade disinfectant by the member operating the vehicle immediately after the departure of a prisoner or contagious person.
The hospital grade disinfectant can be obtained through the Fleet Services Management Office.

C. Police vehicles containing large amounts of blood or body fluids or police vehicles thought or presumed to contain the presence of a contagious disease or parasite are sealed and immediately returned to the assigned substation by contract wrecker for decontamination by the Fleet Services Management Office.

  1. Police vehicles are sealed by placing yellow police tape around the vehicle and placing a notice with the word “Contaminated” on the driver’s side window.
  2. The officer sealing the police vehicle shall send a written report detailing the reason for sealing the vehicle to his Unit/Shift Director and the Fleet Services Management Office.

D. Police vehicles requiring decontamination are processed by the Fleet Services Management Office in accordance with its standard operating procedures.

E. Prisoner transport wagons, as a precautionary measure against contagious diseases or parasites, shall be sprayed with a hospital grade disinfectant by the assigned officer upon completion of each tour of duty.
The hospital grade disinfectant shall be supplied by the Fleet Services Management Office and kept in stock at any unit assigned a prisoner transport wagon.

533
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 615 – Exposure To Communicable Diseases and Other Public Health Risks

.14 DECONTAMINATION OF PERSONNEL AND CLOTHING

A. All officers are encouraged to have a change of clothing, uniform or civilian attire, readily available to them at their respective units of assignment for use if they come in contact with infectious diseases or parasites.

B. Members unable to avoid close personal contact or direct contact with a person believed to have a contagious disease or parasite, or members getting blood or other body fluids on their clothing should return to their assigned substation or unit, with supervisory approval, to shower and change uniforms or civilian clothes.
1. Prior to showering, contaminated clothing should be placed in a plastic bag and sprayed with a hospital grade disinfectant available at all substations.
All directions on the disinfectant container should be followed before washing the clothes in soap and water.
2. All non-washable items, including equipment belt, accessories, badge, headgear, and shoes should also be placed in a plastic bag and sprayed with a hospital grade disinfectant.
3. Officers, upon request, shall be provided with a soap and shampoo which will kill parasites.
The soap and shampoo shall be supplied by the Fleet Services Management Office and kept in stock at every police substation.

.15 PERSONAL PROTECTIVE EQUIPMENT (PPE) KIT

A. As WMD/Hazardous Events (i.e. fires, chemical spills, etc.) cover a wide variety of hazards, it is difficult to describe one set of facts or circumstances which would result in the need for the PPE Kit.
Therefore, officers are encouraged to use their discretion when deploying the PPE Kits to accomplish their duties.

B. The PPE Kit will be provided to all officers in a sealed backpack style bag. All officers should have their assigned PPE Kits readily available while on-duty and shall refer to their Unit/Detail SOP for the carrying and storage of these kits.

C. The PPE Kit will contain the following:

 (1) Full face APR (Air Purifying Respirator)
 (1) Half face APR (Air Purifying Respirator)
 (1) HEPA (High Efficiency Particulate Air) Filter Canister
 (1) Tychem BR Protective Suit
 (3) Mark 1 NAAK (Nerve Agent Antidote Kits)
 (1) Pair of Nitrile Gloves
 (1) Pair of Butyl Gloves
 (1) Pair of Shoe Covers

D. The seals on each PPE kit will be numbered and a report must be written when any of the seals are broken.

  1. If any of the seals are broken, the officer will write his report and give it to his supervisor for accountability and replacement of the equipment/supplies.
    Supervisors will approve the officer’s report to replace any equipment/supplies used.
  2. The officer will then take his approved report and his PPE Kit to the Armory and Supply Office for replacement of equipment and/or supplies.
    Officers are reminded the Armory and Supply Office is now located at the Police Training Academy.

E. When the need arises, officers may use their half face air purifying respirators at anytime during their tour of duty.
It is located in the unsealed portion of the PPE Kits.
The Armorer will replace these half face air purifying respirators as needed, and a supply of these respirators will be kept in the ready room for officers to use when the Armory and Supply Office is closed.
Supervisors will issue replacement equipment as needed.

F. In the event an officer deploys his PPE Kit in a WMD/Hazardous Event, he shall contact the Fire Department’s Haz-Mat Unit, prior to leaving his assignment at the scene, to determine if decontamination is necessary and to determine how to dispose of the contaminated equipment and/or supplies.
Any contaminated equipment will be disposed of in accordance with the Fire Department’s established procedures.

G. If the PPE Kit is deployed at an incident which did not require the Fire Department and if the officer has any reservations on how to dispose of the equipment or supplies, he shall have the dispatcher contact the Fire Department’s Haz-Mat Unit, prior to leaving his assignment at the scene, to determine the proper method of disposal of any used or contaminated equipment or supplies.

H. Supervisors shall ensure annual inspections of the PPE Kits are conducted, and verify the identification seal is intact (indicating a complete kit) and document the serial numbers of the seals on the officer’s monthly inspection form.
Any new seals issued will be documented at the time of issuance and a copy of the new serial numbers will be kept in the officer’s field file.

I. In January of each year, Unit/Shift Directors will schedule and ensure each officer under his command is annually refitted and tested with his full face air purifying respirator.

  1. The annual refitting and testing will be documented on the officer’s monthly inspection report.
  2. The monthly inspection report will be kept on file in the officer’s field file.

J. If an officer’s PPE Kit is lost, stolen, or otherwise rendered unusable because of negligence or carelessness, the officer shall immediately write a report and forward it to his supervisor.

  1. The supervisor will forward the officer’s report through his chain of command to the Labor Relations Committee.
  2. The Labor Relation Committee will make a determination as to the cause of the loss or damage and to what extent the officer is responsible for such loss and/or damage in accordance with the current Collective Bargaining Agreement by and between the City of San Antonio and the San Antonio Police Officers’ Association.
A

.16 MARK 1 NAAK
(NERVE AGENT ANTIDOTE KITS)

The PPE Kit contains three (3) Mark 1 Nerve Agent Antidote Kits.
Each of the Mark 1 Nerve Agent Antidote Kits has two auto injectors.
One injector is 2 mgs of Atropine and the other injector is 600 mgs of 2 Pam-Chloride.

A. The Mark 1 Nerve Agent Antidote Kits can cause serious injury if not used correctly; therefore, officers shall treat these injectors with the same level of respect and security as firearms.

B. The Mark 1 Nerve Agent Antidote Kits are only to be used on the officer by himself or other first responders who are already in their protective equipment.

C. The Mark 1 Nerve Agent Antidote Kits are to be used by an officer when he believes he has been exposed to a nerve agent and begins showing signs and symptoms.
1. Symptoms of nerve agents include: Salivation, Lacrimation, Urination, Defecation, Gastrointestinal Distress, or Emesis (SLUDGE).
2. If an officer believes he has been exposed to a nerve agent, the officer shall:
a. Immediately remove himself from the contaminated area;
b. Immediately notify the dispatcher to start EMS;
c. Remove any items he has in his front pants pockets which may break the needle to the injectors;
d. Measure a hand width above the knee and a hand width below the hip, and
e. Inject himself with the Mark 1 Nerve Agent Antidote auto injectors in the meaty portion of both of his thighs.
(It is recommended both injectors be used simultaneously – one in each thigh.)

  1. After an officer injects himself, he shall place the bottom cap of each of the Mark 1 Nerve Agent Antidote Kits on his fingers.
    This will help EMS determine how many series of shots the officer has taken.
    a. If an officer continues to feel the effects of the nerve agent (SLUDGE) after 10 minutes, he shall again inject himself with the Mark 1 Nerve Agent Antidote Kit.
    (It is recommended both injectors be used simultaneously – one in each thigh.)
    b. After the second set of injections with the Mark 1 Nerve Agent Antidote Kit, if an officer continues to feel the effects of the nerve agent (SLUDGE) after 10 minutes, he shall again inject himself with the Mark 1 Nerve Agent Antidote Kit. (It is recommended both injectors be used simultaneously – one in each thigh.)
    c. Officers shall not inject themselves with more than the three Mark 1 Nerve Agent Antidote Kits provided in their PPE Kits in a given day.
534
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 618 –
Racial/Bias Profiling/Immigration Policy

.01 INTRODUCTION
This procedure reaffirms the San Antonio Police Department’s commitment to unbiased policing in all its encounters between officers and any persons; and to establish procedures to ensure public confidence and mutual trust through the provision of services in a fair and equitable fashion; and to protect our officers from unwarranted accusations of misconduct when they act within the dictates of Department policy and the law.
.02 POLICY
A. It is the policy of the San Antonio Police Department to provide equal protection to all citizens. Toward this end, police officers employed by the San Antonio Police Department are strictly prohibited from engaging in racial/bias profiling in any aspect of law enforcement-initiated actions.
B. Police Officers shall not use race, national origin, citizenship, religion, ethnicity, age, gender, gender expression, gender identity, sexual orientation, or physical or mental disability for a law enforcement-initiated action, except to determine whether a person matches a specific description of a particular suspect.

A

.04 RESPONSIBILITIES
A. Each officer has a responsibility for preventing racial/bias profiling. Officers must remain customer-oriented, while
also considering their safety and the safety of others. Officers should:
1. Extend a customary greeting to each person they stop or detain;
2. Identify themselves by name;
3. Explain the reason for the stop or detention;
4. Afford the person the opportunity to provide their explanation of their behavior;
5. Politely ask for the person’s identification; and
6. Remain courteous and project a professional demeanor during the interview or questioning.
B. Officers shall refrain from participating in or encouraging any actions or statements which could be perceived as racial/bias profiling. They must document the law enforcement-initiated action and report any acts or perceived acts of racial/bias profiling in accordance with Subsection .05B of this procedure.

C. Each officer is responsible for assisting in the prevention of racial/bias profiling by the following actions:
1. Officers making custodial/non-custodial arrests shall base the arrests on probable cause supporting the elements of the offense and not on racial/bias profiling.
2. Officers conducting a lawful detention, including stop and frisks, shall base the lawful detention on reasonable suspicion at the time of the stop and not on racial/bias profiling.
3. Officers conducting field contacts (interviews) shall do so in accordance with GM Procedure 508, Field Contacts.
4. Officers shall refrain from participating in or encouraging any actions or statements which could be reasonably perceived as racial/bias profiling.
5. Officers shall report any acts of racial/bias profiling in writing to their immediate supervisor.
D. Supervisory officers shall monitor the actions of the officers under their command to ensure racial/bias profiling does not occur and is not condoned. Supervisors shall:
1. Take immediate and appropriate remedial action whenever they observe, or are made aware of, any racial/bias profiling.
2. Immediately document any complaint or observed incident of any acts or perceived acts of racial/bias profiling in accordance with Section .05.
3. Immediately submit all reports of racial/bias profiling through their chain of command to their Division Commander.

535
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 618 –
Racial/Bias Profiling/Immigration Policy

.05 COMPLAINT PROCESS
A. The San Antonio Police Department will accept and investigate all complaints from any person who believes he/she has been stopped or searched based on racial/bias profiling. No person shall be intimidated, coerced, or discouraged in any manner from filing a complaint, nor discriminated against because he/she filed such a complaint.
B. Any Officer who receives an allegation of racial/bias profiling, including the officer who initiated the stop, shall immediately report the allegation of racial/bias profiling to his/her immediate supervisor.
1. The Officer shall also document the allegation in writing on SAPD Form #2-2, Incident Report.
2. The incident report shall include the nature of the complaint or allegation along with the name, address and
telephone number of each complainant and witness.
3. After the incident, the report shall be immediately completed and given to the Officer’s supervisor.
4. The Officer shall also explain to the complainant the Department’s process for filing a complaint with the Internal Affairs Unit.
5. If the complainant request to speak with a supervisor, the Officer shall immediately notify a supervisor of the request.
C. Supervisory officers addressing racial/biased profiling complaints shall:
1. Immediately notify the Section Commanders or Unit Directors of any cases where an officer is involved in allegations of serious misconduct or suspected criminal activity;
2. Immediately contact and interview the complainants;
3. Refer the complainants to the Internal Affairs Unit to initiate formal complaints;
4. Interview and obtain written reports from the subject officers of the complaints. Officers who are the subject of the complaint shall submit their written reports on SAPD Form #200-OR, Officer’s Response to a Complaint;
5. Obtain necessary information, which assists in the evaluation of the complaints;
6. Prepare preliminary complaint investigation packets including the information provided by the complainants, witnesses, the officers’ reports, and the supervisors’ reports;
7. Supervisors will not enumerate or make recommendations as to the specific rule, regulation, policy, or procedure violated, nor will they make a recommendation as to punishment. Supervisors will only recommend either no disciplinary action is necessary or the complaint should be forwarded to the Internal Affairs Unit for further investigation;
8. Route the preliminary complaint investigation packets through the chain of command to their Division Commander.
9. The Division Commander shall route the completed complaint investigation packet to the Internal Affairs Unit.
D. The Internal Affairs Unit investigates all complaints of racial/bias profiling against officers. The Internal Affairs Unit presents the findings of all formal complaint investigations of racial/bias profiling to the Chief’s Advisory Action Board. The complainants will receive written notification advising them of the final disposition of their complaint.

A

.06 TRAINING
The Department shall be responsible for providing training to all officers in racial/bias profiling to emphasize the need to respect the rights of all citizens to be free from unreasonable government intrusion or law enforcement-initiated action. This training shall include:
A. Cadet Training;
B. Annual In-Service Training;
C. Input from those classes of persons identified in this policy in development of curriculum;
D. Incorporation of the TCOLE Curriculum; and
E. Specific lesson plans for Patrol Officers, Supervisors, FTOs, etc.

.07 DISCIPLINARY ACTIONS
A. The SAPD considers racial/bias profiling a serious form of officer misconduct. The Department shall take direct
and immediate actions to prevent such behavior, and to remedy all reported instances of racial/bias profiling.
B. Officers who are found to have engaged in racial/bias profiling will be subject to appropriate corrective action including, but not limited to, referral to the Officer Concern Program, and/or discipline such as discharge or criminal actions.

536
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San Antonio Police Department
GENERAL MANUAL
Procedure 618 –
Racial/Bias Profiling/Immigration Policy

.09 PUBLIC INFORMATION

A. The Department shall be responsible for providing public information relating to the agency’s efforts to comply with government mandates on racial/bias profiling.
This will include public education relating to the agency’s complaint process. Avenues for this information may include the distribution of the San Antonio Police Department Internal Affairs Unit pamphlets and News/Press releases.

B. It is the responsibility of the Police Media Services Detail to ensure copies of news articles, educational stories, and videos relating to racial/bias profiling are annually maintained to provide documentation of this Department’s commitment to educating the public.

.10 ANNUAL ANALYSES AND REPORTING

A. All racial/bias information required to be collected in accordance with Article 2.133 of the Code of Criminal Procedure must be compiled and analyzed annually

B. In accordance with Article 2.134 of the Code of Criminal Procedure, the previous year’s information collected on racial/bias profiling must be submitted to the governing body of the City of San Antonio and to the Texas Commission on Law Enforcement (TCOLE) by March 1st of each year.

A

.11 IMMIGRATION POLICY

A. Officers will not refer persons to Immigration and Customs Enforcement (ICE) unless the person has a federal deportation warrant. National Origin, immigration status, ethnicity or race are not a basis for an arrest and officers will not base any arrest on those conditions.

  1. The San Antonio Police Department, in conjunction with other entities, will assist crime victims and witnesses in obtaining U-Visas.
    The U-Visa is an immigration benefit that can be sought by victims of certain crimes who are currently assisting or have previously assisted law enforcement in the investigation or prosecution of a crime, or who are likely to be helpful in the investigation or prosecution of criminal activity.
  2. Arrested persons will have their identities verified by Bexar County Deputies at the Bexar County Jail.
    Decisions regarding deportation are not/will not be made by SAPD officers.
  3. Officers do not conduct background checks on everyone they encounter.

B. Officers will verify identification and perform a background check on people to whom they are issuing a citation, legally detaining, arresting, or processing for magistration.

  1. Officers may take into custody any person who cannot provide valid identification or sufficient information for an officer to confirm the person’s identity.
  2. Valid identification includes, but is not limited to, state identification cards, driver’s license, government IDs such as passports or military ID.
    The “Matricula Consular,” issued by the Mexican Consulate, will also be considered an acceptable form of identification.
  3. Once identity has been confirmed, officers will decide whether to release a person who is being detained who is either a witness or the recipient of a citation, or based on probable cause, arrest the person.

C. Officers will not detain and/or arrest an individual based on the fact or suspicion that they are in the United States illegally.
1. The enforcement priorities of the San Antonio Police Department are to protect public safety and foster community trust.
The priorities do not include asking individuals for proof of citizenship or legal residency.

  1. Officers may not inquire into the immigration status of a victim of or witness to an alleged criminal offense unless the officer determines that the inquiry is necessary to:
    (1) investigate the offense; or
    (2) provide the victim or witness with information about federal visas designed to protect individuals providing assistance to law enforcement.
  2. Officers are authorized to arrest persons based on probable cause that a crime has been committed.
    Immigration status alone is not probable cause for an arrest.
  3. Officers having reasonable suspicion that a person or persons may by a victim or suspect in human trafficking will immediately notify a supervisor and the appropriate follow-up unit, and will handle matter in accordance with GM Proc. 713, Human Trafficking.
537
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San Antonio Police Department
GENERAL MANUAL
Procedure 618 –
Racial/Bias Profiling/Immigration Policy

.08 DATA COLLECTION

A. Racial Profile data must be collected on the operator of any motor vehicle stopped for an alleged violation of a law or ordinance.
Officers who initiate a motor vehicle stop, which does not result in the production of an Incident or Offense report, shall document such occurrence by submitting one the following forms:

  1. Traffic citation;
  2. Traffic warning citation;
  3. Field Interview (Form 2-3);
  4. DWI report (Form 24-1A); or
  5. Gang Contact Data Sheet (Form 2055-GCD).

B. The above forms are designed for the primary purpose of law enforcement; however, they have been modified to comply with governmental mandates on racial/bias profiling.
As such, they must be filled-out correctly, completely, and on a timely basis.

C. Profile Data shall be filled out only once for each individual (operator of motor vehicle only).
If a traffic citation or warning citation is the only documentation of the motor vehicle stop, the information shall be included on the citation.
If an Incident Report, Offense Report, Field Interview, DWI Report, or Gang Form is written, the profile data should go on the report or form and not on the citation.

D. Officers making motor vehicle stops requiring racial profile data collection on the citation must complete the following boxes on the citation for the operator of the motor vehicle:

  1. Box A1 – Location of Profile Data
    a. 0 – Profile data on citation
    b. 1 – Profile data on report (case # required)
  2. Box A2 – Race/Ethnicity known prior to detention
    a. 0–NO
    b. 1–YES
  3. Box A3 – Race/Ethnicity
    a. 1 – White
    b. 2 – Black
    c. 3 – Hispanic
    d. 4 – Asian/Pacific Islander
    e. 5 – Native American
    f. 6 – Middle Eastern/East Indian
  4. Box A4 – Initial reason for the stop
    a. 0 – Traffic law violation
    b. 1 – Other law violation
    c. 2 – Dispatched – with vehicle description
    d. 3 – Dispatched – with officer initiated stop
    e. 4 – Field contact
    f. 5 – Suspicious conduct
  5. Box A5 – Search
    a. 0–None
    b. 1 – Consent
    c. 2 – Non-consent
  6. Box A6 – Reason for search
    a. 0–N/A
    b. 1 – Contraband/evidence in plain view
    c. 2 – Probable cause
    d. 3 – Reasonable suspicion
    e. 4 – Vehicle towed
    f. 5 – Arrest
  7. Box A7 – Contraband or evidence
    a. 0 – None
    b. 1 – Yes See report** (case # required)

** If the answer to this question is “yes,” a report needs to be written and the profile data should go on the report and not on the citation.**

  1. Box A8 – Custodial Arrest Made
    a. 0–No
    b. 1 – Yes See report** (case # required)

** If the answer to this question is “yes,” a report needs to be written and the profile data should go on the report and not on the citation.**

A

E. Officers making motor vehicle stops requiring racial profile data collection on a form other than a traffic or warning citation shall fill out the report completely, listing the following information in the appropriate boxes for the operator of the motor vehicle:

  1. Race/Ethnicity known prior to detention
    a. 0–NO
    b. 1–YES
  2. Reason for stop
    a. 0 – Traffic law violation
    b. 1 – Other law violation
    c. 2 – Dispatched – with vehicle description
    d. 3 – Dispatched – with officer initiated stop
    e. 4 – Field contact
    f. 5 – Suspicious conduct
  3. Search
    a. 0–None
    b. 1 – Consent
    c. 2 – Non-consent
  4. Reason for search
    a. 0–N/A
    b. 1 – Contraband/evidence in plain view
    c. 2 – Probable cause
    d. 3 – Reasonable suspicion
    e. 4 – Vehicle towed
    f. 5 – Arrest
  5. Custodial Arrest Made
    a. 0–No
    b. 1 – Yes – Violation of Penal Code
    c. 2 – Yes – Violation of Traffic Law
    d. 3 – Yes – Violation of Ordinance
    e. 4 – Yes – Warrant
    f. 5 – Yes – Other Law Violation
  6. Citation Issued
    a. 0–None
    b. 1 – Written warning
    c. 2 – Written traffic citation
    d. 3 – Misdemeanor citation
  7. Contraband or evidence
    a. 0–None
    b. 1 – Drugs/Paraphernalia
    c. 2 – Money
    d. 3 – Firearm
    e. 4 – Knife/Edged Weapon
    f. 5 – Other Weapon
    g. 6 – Alcohol/Tobacco
    h. 7 – Stolen Property
    i. 8 – Other

F. Failure by an officer to document a traffic or pedestrian stop; field contact; or any other officer-initiated interaction, as required by this procedure, shall not constitute prima facie evidence of racial profiling.

538
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San Antonio Police Department
GENERAL MANUAL
Procedure 619 –
Consulate Notification and Diplomatic Immunity

.01 INTRODUCTION
A. This procedure is designed as a guideline to help ensure that foreign governments can extend appropriate consular services to their citizens in the United States and to ensure the San Antonio Police Department complies with its legal obligations under the Vienna Convention on Consular Relations.
B. International law requires that law enforcement authorities of the United States extend certain privileges and immunities to members of foreign diplomatic missions and consular posts. Most of these privileges and immunities are not absolute and law enforcement officers retain their fundamental responsibility to protect and police the orderly conduct of persons in the United States.

.02 CONSULATE NOTIFICATION OF ARRESTED OR DETAINED FOREIGN NATIONALS

A. The United States is obligated under the Vienna Convention on Consular Relations, international treaties, and customary international law, to notify consular officials when foreign nationals are arrested or otherwise detained in the United States.
The U.S. Department of State does not consider it necessary to follow consular notification procedures when a foreign national is detained only momentarily, e.g., during a traffic stop.
B. After an officer arrests/detains a foreign national, the officer will determine the foreign national’s country of origin.
Normally, this information is found on the passport or other travel documentation that the foreign national is carrying.
C. Officers will inform the foreign national of his/her right to request that their consulate be notified under the following circumstances.
1. After the foreign national is arrested; and
2. Before a detention that may last more than four hours.
D. If the foreign national does not understand English, the officers will provide the foreign national with SAPD Form #CN-02, Notice to Foreign National, in his native language and have him circle whether he wants his consular official notified.
The foreign national should also sign and date SAPD Form #CN-02.
SAPD Form #CN-02 can be found in the SAPD forms library in several different languages.
1. If a foreign national who is under arrest or who may be detained more than four hours asks that such notification be made to his consulate, the arresting officer will do so without delay by ensuring notification to the nearest consulate or embassy.
Consular notification is accomplished by immediately faxing the notification notice, SAPD Form #CN-01, Consular Notification, to the nearest consulate or embassy of the foreign national’s country. SAPD Form #CN-01 can be found in the SAPD forms library.
The fax numbers to the nearest consulates and foreign embassies are listed in Part Six: “Foreign Embassies and Consulates in the United States” of the Consular Notification and Access Handbook. This handbook can be found in the report writing room of the magistrates’ office or at the
U.S. Department of State’s website: http://travel.state.gov/law/consular/consular_753.html.

  1. If a foreign national, who is under arrest or who may be detained more than four hours, is from a country with which the United States has a mandatory notice, treaty or convention, the arresting officer will, without delay, make notification to the nearest consulate or embassy, regardless of whether the foreign national requests such notification.
    This information on countries that require mandatory notification can be found in the Part One: “Basic Instruction” of the Consular Notification and Access Handbook, which is found in the magistrates’ office or at the U.S. Department of State’s website http://travel.state.gov/pdf/cna/CNA_Manual.3d_Edition.pdf.

E. When booking a foreign national, officers will:

  1. Make a notation on the booking slip indicating if the foreign national’s consulate was notified; and
  2. Immediately fax SAPD Form #CN-01 from the report writing room of the magistrates’ office.

F. Prior to detaining a foreign national, either as a suspect or a witness, for more than four hours, officers will fax SAPD Form #CN-01 to the nearest consulate or embassy of the foreign national’s country.
Officers may obtain the fax number either from the dispatcher’s office or from the magistrates’ report writing room.

G. After faxing the completed SAPD Form #CN-01 to the nearest consulate or embassy, officers shall attach the following to his Offense/Incident Report:

  1. The completed SAPD Form #CN-01;
  2. If used, the completed SAPD Form #CN-02; and
  3. The fax confirmation.

H. The Communications Unit and the report writing room at the magistrates’ office will maintain a current list of fax numbers of foreign embassies and consulates.
The Research and Planning Detail will be responsible for updating these lists on a yearly basis.
The updated list may be found at the following website: http://travel.state.gov/law/consular/consular_745.html.

I. Officers shall detail in their reports the following information:

  1. The date and time the foreign national was informed of the option of consular notification;
  2. Whether or not the foreign national requested that consular notification be made; and/or;
  3. If consular notification is mandatory or requested, the date and time that the consulate was notified.

J. If a foreign national is from a country that requires mandatory notification, consular officials have the right to visit arrested or detained nationals from their country.
K. If a foreign national is not from a country that requires mandatory notification, consular officials have the right to visit arrested or detained nationals from their country, unless the foreign national objects to the visit.

A

.03 DIPLOMATIC/CONSULAR IMMUNITY

A. Foreign diplomats and consular officials have varying degrees of immunity from arrest. Foreign diplomats and consular officials should carry an identification card issued by the U.S. Department of State or the U.S. Mission to the United Nations.
The Diplomatic and Consular Immunity Guide for Law Enforcement and Judicial Authorities can be accessed on the State Department Website:
http://www.state.gov/documents/organization/150546.pdf.

  1. A diplomatic passport does not automatically grant its holder diplomatic immunity.
  2. Consular ID does not automatically grant its holder diplomatic immunity.

B. When an officer is investigating an incident in which a suspect claims diplomatic or consular immunity, the officer shall verify the status of the suspect and immediately notify his supervisor.

C. The status of a suspect claiming diplomatic or consular immunity is verified by calling either the U.S. Department of State or the U.S. Mission to the United Nations depending on which entity issued the identification card.

  1. If the U.S. Department of State issued the identification card, the officer shall verify the status by having the dispatcher call the Protocol Office at (202) 647-1985 (daytime), after hours contact the State Department Operations Center at (202) 647-1512, that is staffed 24-hours a day.
  2. If the identification card was issued by the U.S. Mission to the United Nations, the officer shall verify the status by having the dispatcher call
    (212) 415-4444, that is also staffed 24-hours a day.
  3. Should you encounter any problems or need further assistance, you may call the Diplomatic Security Command Center at (571) 345-3146, or toll free 1-866-217-2089

D. After the official status has been verified and if the suspect has full immunity and inviolability, he may only be handcuffed when he poses an immediate threat to anyone’s safety or it is apparent that a serious crime may be otherwise committed.

  1. The detained person may be issued a traffic citation, but he or she cannot be arrested for refusing to sign it.
  2. Persons having full immunity and inviolability must be released after all pertinent information is obtained.
  3. Persons who have full immunity and inviolability may not be arrested.

E. After the official status has been verified and if the suspect has less than full immunity and inviolability, the suspect may be arrested and will be handled in accordance with Departmental procedures.

  1. Officials from the U.S. Department of State or officials from the U.S. Mission to the United Nations will assist the officer in making this determination.
  2. Follow-up units/Night CID Unit will also assist the officer in making this determination, in accordance with GM Procedure 708, Follow-up Units.

F. After the incident has been resolved, the handling officer will:

  1. Fax a copy of his report and/or traffic citation to the U.S. Department of State in Washington, D.C., (202) 895- 3613, or to the U.S. Mission to the United Nations in New York, (212) 415-4162, depending on which entity issued the person’s identification card; and
  2. Route a copy of his report, through his chain of command, to the Office of the Chief.

G. Supervisors having been informed of a suspect claiming diplomatic or consular immunity will:

  1. Make the scene of the incident, if possible;
  2. Prepare and distribute SAPD Form #103-NEN, Newsworthy Event Notification; and
  3. Ensure a copy of the officer’s report and/or traffic citation is faxed to the U.S. Department of State or the U.S. Mission to the United Nations.

.04 TRAINING

All Officers are to receive training regarding notification and access requirements in accordance with international treaties for foreign nationals.

.05 RESPONDING TO CONSULATE

A. The only official consulate within San Antonio is the Consulate of Mexico (127 Navarro St, 78205).

B. An official consulate is not so much foreign soil as it is like private property and as such, peace officers must be invited in.

C. All other consulates within San Antonio are honorary (which bestows no special considerations).

539
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 701 – Crime Scene Duties

.01 INTRODUCTION
A. This procedure outlines the duties of members who respond to the scene of a crime or assist in the initial investigation of a crime.
B. This procedure is intended to provide guidelines to help preserve the integrity of the crime scene itself and all physical evidence at or near the scene.
C. This procedure does not prescribe the procedures or methods to be used in the highly specialized area of collection of physical evidence by UEDIs/Crime Scene Unit Investigators, nor does it prescribe follow-up investigation procedures.

.03 PHYSICAL EVIDENCE
A. The scene of any crime is physical evidence in itself.
However, the best physical evidence is normally found at or near the site of the most critical action taken by the criminal against the property or victim.
B. In order for physical evidence to be effectively used by the Investigator and the prosecutor, its presence must be recognized by the officers at or near the crime scene.
C. Physical evidence must be properly preserved, recorded, and collected for it to be of use in discovering the facts of a crime.
D. The first officer to arrive at the scene of a crime automatically assumes the responsibility of securing the crime scene area from unauthorized intrusions to protect any physical evidence.

.04 DIMENSIONS OF A CRIME SCENE

A. No set of definite rules can be applied to defining the dimensions of the scene of a crime.
B. While it is entirely possible the dimensions of a crime scene will be large, there are usually priority areas readily apparent to the trained officer/UEDI or Crime Scene Unit Investigator which should be given immediate protection.

A

.05 COMMAND / SUPERVISORY OFFICERS’ CRIME SCENE RESPONSIBILITIES

A. Command Officers
1. While the ranking command officer at the scene of any call is in overall charge, he may delegate supervision to the assigned sergeant and acts as an overseer.
He intervenes only when he observes serious breaches of established procedure.
2. Make periodic checks of major crime scenes to ensure proper procedures are being followed.
3. Exceptions are calls which involve an officer of this department in any major incident.
Under such circumstances the ranking command officer shall be in charge of the scene.

B. Supervisory Officers
1. Patrol Division supervisory officers are in charge of supervising all lower ranking officers at any major crime scene, including follow-up detectives and Crime Scene Unit Investigators in the absence of an Investigations Division supervisory officer.
If the scene involves a major crime, evidence processing shall be handled in accordance with section .06, B., 1., c.
2. When an Investigations Division supervisory officer is present at a crime scene, he supervises the activities of the follow-up detectives, UEDIs, and Crime Scene Unit Investigators assigned to the case.
3. In the absence of an Investigations Division supervisory officer, the Crime Scene Unit Supervisor is in charge of the UEDI/Crime Scene Unit Investigators.
4. Patrol Division supervisory officers proceed to any major crime scene or any crime scene where supervisory presence is requested and assess the crime scene to determine:

a. Whether there are sufficient officers at the scene. Request additional officers, if necessary;
b. The dimensions of the crime scene and the best method of protecting the scene;
c. Whether the proper quadrant has been established and the officers assigned are working it properly;
d. Whether the proper information regarding the actor has been broadcast to officers working the quadrant;
e. Whether the dispatcher has notified the Bexar County Medical Examiner’s Office in cases involving deaths;
f. Whether the Investigations Division detectives are needed at the scene, and if so, ensures proper adherence to GM Procedure 708, Follow-Up Units, is followed.

  1. Assign officers to specific duties required to correctly protect and process the crime scene.
  2. Provide for the transportation of complainants and witnesses, if necessary.
  3. Determine when and/or if the news media may be briefed and admitted to the scene in accordance with GM Procedure 307, Public and Media Information.
  4. Remain at the scene as long as necessary to ensure proper protection of the scene and supervises subordinates in the performance of their assigned functions.
  5. Ensure all officers prepare the necessary reports.
  6. Prepare a supplemental report describing any actions taken and the names and assigned duties of officers present at the crime scene.
540
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 701 – Crime Scene Duties

.06 OFFICERS/ UEDIs’ GENERAL CRIME SCENE DUTIES
A. Officer(s) Assigned to Crime Scene
1. Proceed to the crime scene and observe all conditions and events on the way to and on arrival at the crime scene.
2. Note any remarks made by the complainant, witness, or actor upon arrival at the crime scene.
3. Pursue and apprehend the actor if the actor is still at the scene, visibly fleeing the scene, or in the general area of the scene.
a. Interview and/or interrogate the actor or suspect; or
b. If the crime will be investigated by a follow-up unit, the follow-up unit personnel will interview and/or interrogate the actor or suspect.
4. Use caution when entering the crime scene so as not to destroy physical evidence.
5. Request EMS for any injured or sick persons.
6. Ascertain the actual type of crime committed.
a. If an emergency exists, the amount of time lapse involved and whether additional officers are needed to aid the injured and secure the scene; or
b. If an emergency does not exist, advise responding officers to slow down in responding to the scene of the crime.
7. If possible, obtain a description of the actor, the means, and direction of flight, and whether or not the actor is armed. This information is relayed to the dispatcher.
8. Secure and protect the crime scene and any physical evidence by preventing unauthorized persons from entering the crime scene area. Officers should pay particular attention to items which may contain DNA evidence.
9. Request a UEDI/Crime Scene Unit Investigator to process the crime scene for physical evidence.
10. Locate, identify, and interview the complainant and witnesses:
a. Officers should utilize SAPD Form #2010, Neighborhood Canvas Form, on any preliminary criminal investigation where witnesses are likely to be present, or at the direction of a supervisor or follow-up unit personnel.
b. All SAPD Forms #2010 are forwarded to the appropriate follow-up unit.
c. If the crime will be investigated by a follow-up unit, contact the follow-up unit personnel to see if they need to also interview the complainant and witnesses.
11. Prepare the proper reports which describe the offense, including:
a. Any vehicles, persons, or suspicious activities possibly related to the offense which was observed on the way to the scene;
b. Time of arrival at the scene of the crime;
c. The name of all officers present, should supervisory officers not make the scene; and
d. Initial observations by the officer, including any res gestae statements made by the actor or dying declarations made by the complainant.
12. Continue protection of the crime scene and all physical evidence to maintain its integrity. Avoid handling items of physical evidence unless it is absolutely necessary to prevent its loss, destruction, or contamination.
13. When an officer must handle evidence to protect it from loss, destruction, contamination, or for the victim to receive proper medical treatment, the officer takes custody of the evidence, and:
a. Handles the item in the least intrusive manner to avoid destroying the item, fingerprints, or other trace evidence that may be on the item;
b. Marks the exact location where the evidence was found and points this out to the UEDI/Crime Scene Unit Investigator;
c. Protects the item from loss or unnecessary handling; and
d. Marks the item for later identification and turns it over to the UEDI/Crime Scene Unit Investigator, if one is assigned to the call, or places the item in the Property Room as evidence. Care must be exercised to avoid destruction of latent fingerprints or trace evidence on the item when marking it.
14. When an officer must handle a firearm as evidence at a crime scene either prior to the arrival of UEDI/Crime Scene Unit Investigators or because they are not available, the officer:
a. Assumes custody of the firearm when it is obvious the firearm must be removed to protect it from loss, destruction, or contamination;
b. Handles the firearm in the least intrusive manner to avoid destroying the item, fingerprints, or other trace evidence that may be on the firearm (i.e., does not rotate the cylinder, does not unload firearm);
c. As soon as practical, secures the firearm by placing it in the locked trunk of the officer’s police vehicle;
d. Records the exact location of recovery, condition of the firearm, and marks it with his initials;
e. Places the firearm in the Property Room in accordance with GM Procedure 606, Impounding Property, or turns the firearm over to UEDIs/Crime Scene Unit Investigators upon their arrival and relates the location where it was found; and
f. Details his possession of the evidence in a written report.
15. All officers assigned to, dispatched to, or assisting at or near any crime scene where a felony apprehension has been made will prepare the necessary supplemental reports documenting the reason for responding and actions taken in regard to the call. A copy of the report will be forwarded to the respective follow-up unit.

A

B. UEDI/Crime Scene Unit Investigator Assigned to Crime Scene:
1. Upon arrival, immediately surveys the crime scene to determine:
a. The type of crime committed;
b. Whether additional equipment or personnel are needed to assist in processing the crime scene and request same from the dispatcher; and
c. At a major crime scene, UEDIs must receive approval and direction from the Crime Scene Unit Supervisor or the follow up unit investigator assigned to the crime scene prior to processing the scene.
2. Establishes the perimeter of the crime using crime scene barrier tape, if necessary;
3. Processes the crime scene for evidence (i.e., collects latent fingerprints, photographs, sketches, DNA evidence, etc.);
4. Collects and preserves all physical evidence at the crime scene and places the physical evidence in the Property Room;
5. Prepares the necessary supplemental reports of all actions taken, including the names of any officers who assisted.
C. Follow-Up Unit Detective Assigned to Crime Scene:
1. Proceeds to the crime scene when notified to do so;
2. Obtains initial information from the officer responsible for preparing the offense report;
3. Assesses the crime scene to determine if their presence in the crime scene area is necessary and:
a. When it is necessary to enter, uses caution to avoid contamination of the crime scene area; and
b. Avoids handling, contaminating, or altering the crime scene. When it becomes necessary to move any objects before the UEDI/Crime Scene Unit Investigator arrives, the follow-up unit detective records the exact location and condition in the detective’s report, properly marks the item, and turns it over to the UEDI/Crime Scene Unit Investigator for processing upon arrival.
4. Identifies and interviews witnesses outside the immediate crime scene area;
5. Makes arrangements for witnesses to give their statements and advises a Patrol Division Sergeant when transportation is necessary.
6. Prepares the proper supplemental report describing the detective’s actions.

541
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San Antonio Police Department
GENERAL MANUAL
Procedure 701 – Crime Scene Duties

.07 OFFICERS/UEDIs SPECIFIC CRIME SCENE RESPONSIBILITIES A. Homicide and/or violent crime scenes

  1. In every instance, officers/UEDIs call for emergency medical assistance.
  2. Personnel authorized to enter a homicide or violent crime scene includes:
    a. First officer/UEDI to arrive;
    b. Emergency medical personnel;
    c. Assigned Patrol Division Sergeant;
    d. Additional officers/UEDIs necessary to secure and protect the crime scene;
    e. Assigned Crime Scene Unit Investigator(s), including the Crime Scene Unit supervisor;
    f. Assigned follow-up unit personnel; and
    g. Investigators from the Bexar County Medical Examiner’s Office.
  3. A Patrol Division Supervisor will assign a Patrol Officer to complete SAPD form 4130, “Crime Scene Personnel Log,” to document all personnel entering the crime scene. SAPD Form 4130 will be forwarded to the Homicide Unit prior to the end of the assigned Patrol Officer’s tour of duty. Upon receiving SAPD Form 4130, Homicide Unit personnel will ensure that it is included in the investigative file.
  4. Once the crime scene has been deemed secure:
    a. Any personnel entering an indoor crime scene will wear protective shoe coverings and gloves;
    b. Any personnel entering an outdoor crime scene will wear gloves. The use of any additional equipment, such as shoe covers, will be determined by an Investigations Division Supervisor.
  5. The Follow-Up Unit Supervisor or his designee, will be responsible for the direction and coordination of the investigation.
  6. When the victim is obviously dead, the body may not be moved without authorization from the Bexar County Medical Examiner or a Medical Examiner Investigator, except:
    a. In emergency circumstances; or
    b. In cases of unreasonable delay after repeated attempts to contact Medical Examiner’s Office personnel have failed.
  7. Before moving the victim’s body, the officers/UEDIs shall:
    a. Make note of the original position of the victim; and
    b. Request the Crime Scene Unit Investigator photograph and take necessary measurements of the crime scene.
  8. Upon discovery of a “mysterious” homicide or one in which no witnesses or suspects are apparent, or where it appears a solution to the crime may rest heavily on the development of physical evidence to identify a criminal actor or actors, the only officers authorized to enter a crime scene are those specifically charged with processing the area for physical evidence. After the scene has been processed, other officers may be allowed to enter.
  9. Officers make note of any physical evidence which may be accidentally moved by medical personnel and ensure medical personnel do not contaminate the crime scene by discarding any of their supplies or equipment in the area.
  10. Officers/UEDIs relate to the Crime Scene Unit Investigator, the follow-up unit detective, and any supervisory personnel, the following:
    a. Any changes in the victim’s position; and
    b. Any physical evidence the officer found necessary to pick up, the location where it was found, and any other alterations of the crime scene area.
A

B. Crime Scenes Where Video Recordings Are Made:

  1. VHS Recording Devices and Digital Recording Devices
    a. Officers(s) Assigned
    (1) LocatethevideorecordingoriginandtakecustodyoftheVHStapeandpullthetabonthesideofthe VHS tape so the tape cannot be recorded over. If the origin is a digital recording device officers should have some form of digital video copy (CD, DVD, Floppy Disk, Flash drive, etc.) made by the employees, manager, or owner. This digital video copy becomes the master video recording.
    (2) If the video recording origin is locked, or a digital video copy cannot be made, contact the person in charge of the location.
    (i) If entry into the video recording origin is refused, a supervisor is notified.
    (ii) If a digital video copy cannot be made, the officer will have the person in charge of the location contact the company where the digital video equipment was purchased or whoever they have the service/security contract with and have them respond to make a copy.
    (iii) A reasonable amount of time should be allowed as long as the investigation is not prolonged or hindered.
    (iv) If the officer is refused custody of the VHS tape a supervisor is notified.
    (v) If a digital video copy cannot be made, the officer will document the name and phone numbers of the company and/or the name and phone numbers of the company that services the DVR equipment. A supervisor then is notified.
    (vi) The officers shall document in their report all supervisors and follow-up unit detective’s names contacted and the decisions made.
    (3) Officers/UEDIs should not view or make copies of the master video recording without approval from the follow-up unit investigator or supervisor. Viewing of a master video recording should only be conducted by the follow-up unit personnel assigned to the crime or personnel from the Technical Investigations Detail unless viewing of the master video recording is needed for immediate information on the crime and can be done in a manner which does not present a risk to the master video recording value as evidence, with approval from the follow-up unit.
    (4) Maintains custody and control of the master video recording, unless the master video recording is released to a Crime Scene Unit Investigator or Technical Investigations Detail detective at a life- threatening incident or is requested by a member of the follow-up unit. Officers will document in their report the disposition of the video evidence.
    (5) Upon completion of his crime scene duties, the officer delivers the master video recording and a copy of his report to the video tape receptacle located in the Headquarters Building Central Mail Room. If the master video recording was released to a Crime Scene Investigator or a member of the follow-up unit, the officer shall attach a copy of his report to the master video recording before releasing the master video recording.
    b. Crime Scene Unit Investigator Assigned
    (1) Takes custody of the master video recording if the crime is a life-threatening incident;
    (2) Releases the master video recording to a member of the follow-up unit, if requested; or
    (3) Returnsthemastervideorecordingalongwithacopyofhisreportandtheofficer’sreporttothevideo tape receptacle located in the Headquarters Building Central Mail Room.
    (4) If the digital video copy cannot be made, the Crime Scene Unit Investigator shall take custody of all digital video equipment including the monitor when requested by a supervisor and place it in the Property Room. They shall also route a copy of their report to the follow-up unit and Technical Investigations Detail supervisors.
    c. Follow-Up Unit Detective(s) Assigned
    (1) Views or takes custody of a master video recording of a crime involving a life threatening incident.
    (2) The follow-up unit detective should view the master video recording to verify the incident was properly recorded. If the master video recording is made from a digital recording device the video should be viewed on another computer if available to verify the incident was properly recorded and downloaded. If the follow-up unit detective views the master video recording, he should document the camera number(s) and six (6) digit time (hours: minutes: seconds) of the incident.
    (3) If the follow-up unit detective takes custody of a master video recording, he delivers the master video recording, with copies of reports from the assigned officer/UEDI and Crime Scene Unit Investigator, along with a copy of his report, to the video tape receptacle located in the Headquarters Building Central Mail Room
    (4) If a digital video copy cannot be made by those at the location, the detective assigned will obtain and document the name and phone numbers of the company where the equipment was purchased along with the company which services the equipment and contact them for assistance in downloading the video evidence.
    (5) If a copy of the digital video evidence cannot be made after the detective assigned has contacted the company where the equipment was purchased along with the company which services the equipment, the detective assigned will contact the Technical Investigations Detail during normal business hours with the names and phone numbers of those individuals the detective has contacted along with the results of their efforts. If a copy of the digital video evidence cannot be made regarding a high profile or life threatening incident or where there is a risk the video evidence will be lost the detective assigned will obtain and document the name and phone numbers of the company where the equipment was purchased and the company which services the equipment and contact them to have them come out and download the video evidence. If these efforts fail then the detective assigned shall contact a supervisor.
    d. Supervisory Officer Assigned
    (1) Some video recording origins are locked to prevent suspects and employees from tampering with the video recording. When requested, the supervisor determines whether forced entry into the video recording origin is necessary to recover a master video recording.
    (2) When custody of the video evidence is refused, the supervisor will notify the follow-up unit to let them determine if they want to do an immediate search warrant or wait to obtain the video evidence at a later date.
    (3) When advised a master video recording cannot be made the supervisor determines if the offense is severe enough to notify the Technical Investigations Detail Detectives, after business hours, to respond to the scene and make a digital video. Examples of this would be a Police involved shooting or Capital Murder investigation where video holds a key role in the investigation. The supervisor will have the Communication Unit call the Technical Investigations Detail Detectives so they can respond and attempt to make a digital video copy of the incident
542
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 701 – Crime Scene Duties

C. Robbery of Business Crime Scenes:
1. Officers/UEDI dispatched on robbery calls approach the location of the call as if the suspect is still at the scene. In the event the actor has fled, obtain and provide the dispatcher a description of the suspect, means and direction of flight, weapon used, time lapse, and any other pertinent information.
2. Protect the crime scene by:
a. Safeguarding all entrances and exits possibly used by the actor and allow no unauthorized person near areas where the robbery may have been; and
b. Isolating the areas where the actual robbery took place (i.e., teller’s window in a bank or a check-out counter in a convenience store.)
3. Show the UEDI/Crime Scene Unit Investigator areas on the premises where the actor was observed and may have touched something.
D. Burglary Crime Scenes:
1. A UEDI/Crime Scene Unit Investigator is dispatched on all confirmed burglary calls.
2. It is the responsibility of the investigating officer to request a UEDI/Crime Scene Unit Investigator or if a call turns out to be a burglary after being dispatched as some other offense.
3. The owner or authorized representative should be present and give effective consent for the processing of the burglary scene.
a. In the event the owner or authorized representative is not available to give consent, the UEDI/Crime Scene Unit Investigator should conduct a latent print investigation following these guidelines:
(1) Point of entry; and
(2) Point of exit.
b. When the owner or authorized representative cannot be located, a supervisory officer may authorize the processing of the burglary scene when the need exists.
4. A
UEDI/Crime Scene Unit Investigator is canceled under the following circumstances:
a. The investigating officer at the scene determines the offense of burglary has not been committed and a UEDI/Crime Scene Unit Investigator is not required for any other purpose;
b. A supervisor at the scene determines it is impossible to lift prints or obtain other evidence; or
c. The owner, after being told of the purpose of the UEDI/Crime Scene Unit Investigator, advises the investigating officer he does not wish for the premises to be printed.
5. All instances in which a UEDI/Crime Scene Unit Investigator is canceled are documented by the investigating officer in the text of his report.
6. When the UEDI/Crime Scene Unit Investigator is needed and requested, the assigned officer sees the scene is safeguarded by:
a. Informing the complainant he should not handle any object or printable surface the perpetrator may have touched until such time as the UEDI/Crime Scene Unit Investigator can examine it; and
b. Protecting objects or surfaces which may contain fingerprints from the weather or conditions which may destroy the fingerprints before the UEDI/Crime Scene Unit Investigator arrives.
7. When a safe has been entered, the officer secures the immediate area surrounding the safe, the entry, and the exit point of the perpetrator, and notifies the appropriate follow-up investigators, as they may need to come to the scene.

A

E. Burglary of Vehicle Crime Scenes:
1. Burglarized vehicles are processed for latent fingerprints when:
a. An arrest has been made;
b. There is a suspect in the case and a possibility exists for developing latent prints in the interior of the vehicle;
c. The theft involves the loss of objects of great monetary value; or
d. The complainant requests the vehicle to be printed.
2. The owner or authorized representative should be present to give effective consent for the processing of the vehicle.
a. The owner or authorized representative may refuse to allow the vehicle to be fingerprinted.
b. When the owner or authorized representative cannot be located, a supervisory officer may authorize the processing of the vehicle when the need exists.
3. A UEDI/Crime Scene Unit Investigator is not sent on cases reported to an expediter unless the owner of the vehicle requests fingerprints to be taken.
F. Recovered Stolen Vehicle Scenes:
1. A UEDI/Crime Scene Unit Investigator is dispatched to print recovered stolen vehicles at the scene, unless the owner of the vehicle specifically requests the vehicle not be printed.
2. If a UEDI/Crime Scene Unit Investigator is unavailable to be dispatched prior to the vehicle being impounded, a UEDI/Crime Scene Unit Investigator, when available, is dispatched to the Vehicle Storage Unit to print the vehicle.
3. The UEDI/Crime Scene Unit Investigator makes every effort to conduct the processing of the vehicle at the scene of recovery, unless the following prohibitive circumstances exist:
a. Inclement weather;
b. Inadequate lighting; or
c. The seriousness of the offense requires the Crime Scene Unit Investigator to move the vehicle to the evidence stall for a thorough processing of the vehicle.

543
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 701 – Crime Scene Duties

G. Forged Check Scenes:

  1. Officers are dispatched and shall handle forgeries in progress (i.e., actor at scene, possibility of apprehension, or in custody, etc.) as follows:
    a. Officer makes the scene and takes appropriate action;
    b. Notifies the Forgery Detail;
    c. Handles the report; and
    d. If the Forgery Detail is closed or the Night CID Unit is not available, the officer handles the arrest and any necessary reports.
  2. When a call for service is received by the Communications Unit for a forgery not in progress, the Communications Unit personnel shall inform the complainant of the following:
    a. Obtain SAPD Form #45-F9, Forged Check, at the Headquarters Building, any police substation, or at www.sanantonio.gov/sapd ;
    b. A separate SAPD Form #45-F9 must be completed and attached to each check submitted; and
    c. Either mail in or return the forged check and attached SAPD Form #45-F9 to the Forgery Detail.
  3. This subsection only pertains to forged checks and not credit card abuse, counterfeits, money orders, hot checks, etc.
A

H. Preservation of Firearms Evidence/Reporting Stolen Firearms:
1. When a firearm is recovered, found, or confiscated as evidence, the proper handling of the weapon is a priority to preserve any evidentiary value. This type of recovery, finding, or confiscation would include, but not be limited to, the following examples:
a. A firearm is used or suspected of being used in any assault type of offense and is found at or near the scene of the offense or found on a suspect;
b. A firearm is found hidden in a vehicle, not in the possession of an individual, during a legal search of the vehicle; and
c. A firearm is found in a location which would tend to indicate it has been dumped, discarded, or lost by a suspect involved in any assault offense.
2. When a firearm comes into the custody and control of an officer and the possibility exists the weapon has been used in any type of violent offense or criminal activity, the officer immediately notifies his supervisor of the circumstances of the recovery.
a. If the supervisor determines the firearm is to be processed as evidence, a UEDI/Crime Scene Unit Investigator is to respond to the scene to take immediate charge of the evidence.
b. If the supervisor determines the firearm is of no evidentiary value or the evidentiary value has been lost, for whatever reason, this decision shall be included in the text of the officer’s report of the incident.
3. Whenever an officer recovers, finds, or confiscates a firearm as evidence, the firearm will be processed in accordance with Subsection .06A14 of this procedure.
4. Whenever a firearm is reported stolen, an officer, in addition to completing the required report, shall immediately report the stolen firearm(s) to the appropriate service area Service Agent by telephone for entry into NCIC/TCIC. The report is submitted at the end of the tour of duty with the words
“CALLED-IN” written at the top of the report.

I. Preservation of Digital Evidence

  1. If it is anticipated digital evidence will be present at a crime scene and time permits (i.e. search warrant), a Technical Investigations Detail Detective should be contacted prior to entry. A Technical Investigations Detail Detective should be present during the execution of search warrants where digital storage devices are anticipated (with prior approval from the Technical Investigations Detail Supervisor).
  2. Officers encountering digital storage devices should use caution so as not to damage or destroy the digital evidence. Officers should not manipulate switches, buttons, keyboards or any other input devices on digital storage devices unless instructed to do so by a computer forensic detective. If switches, buttons, keyboards or other input devices are manipulated, this shall be documented in a written report. A copy of this report should accompany the computer to the property room or computer forensic lab.
  3. If a digital storage device is located and it is determined to be related to a criminal offense, the Technical Investigations Detail should be contacted. The Technical Investigations Detail Supervisor will determine if a Detective should respond to the scene.
  4. If a Technical Investigations Detail Detective does not respond, a Crime Scene Investigator will collect the digital storage device(s). A Technical Investigations Detail Detective may direct an officer or follow-up detective to collect the digital storage device. The digital storage device(s) may be placed in the property room or taken to the computer forensic lab for forensic analysis.
544
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 702 – Eyewitness Identification

  1. POLICY
    Eyewitness identification is a frequently used investigative tool. This Policy is designed to maximize the reliability of identifications, protect innocent persons, and to establish evidence that is reliable and which conforms to established legal requirements. This procedure does not apply to situations where the suspect is known to a witness due to a previous encounter or encounters, and a single photo is used to link a known suspect to an offense.
  2. PURPOSE
    It is the purpose of this policy to establish department guidelines for identification procedures. The procedures in this policy are applicable when a person is developed as a suspect in the incident under investigation.
  3. TERMINOLOGY

A. Administrator. The person charged with presenting a line-up to a witness.
B. Assigned Investigator. The officer primarily responsible for investigating an incident.
C. Blind Administrator. An administrator who does not know the identity of the suspect or the suspect’s position in the line-up.
D. Blind Manner. The presentation of a photographic line-up by either a blind administrator or a blinded administrator.
E. Blinded Administrator. An administrator who may know the identity of the suspect, but does not know the suspect’s position in the photographic line-up.
F. Field Identification. The presentation of a suspect to a witness following the commission of a crime for the purpose of identifying and/or eliminating a possible suspect.
G. Fillers. The photographs used in a photographic line-up whose race, sex, age, height, weight, hair style, and general appearance resemble the suspect.
H. Folder Method. A photographic line-up where the photographs are placed in separate folders or envelopes and randomly shuffled prior to presentation so that the Assigned Investigator does not know which photograph the witness is viewing.
I. Illiterate Person. An individual who speaks and understands English but cannot read and write English.
J. Interpreter. An individual with the necessary skills that enable them to communicate with an illiterate person or a person with limited English proficiency to the degree they can ensure the person clearly understands all instructions given then prior to viewing a suspect in any identification procedure.
K. Live Lineup. The presentation of individuals, including a suspect, in person to a witness, usually in a manner preventing the individuals from seeing or identifying the witness, for the purpose of identifying and/or eliminating suspects.
L. Person with Limited English Proficiency. An individual who is unable to communicate effectively in English with a level of fluency that is typical of a native English speaker. Such a person may have difficulty speaking, reading, or writing in English and includes persons who can comprehend English, but are physically unable to write.
M. Photographic Line-up. A collection of photographs including a suspect photograph and filler photographs that are shown to a witness for the purpose of identifying and eliminating suspects.
N. Sequential Viewing. An identification procedure in which photographs or persons in a live line-up are shown one at a time to a witness.
O. Simultaneous Viewing. An identification procedure in which all photographs or persons in a live line-up are shown at the same time to a witness.
P. Suspect. An individual who has been specifically identified by the investigation as possibly being the person who committed the crime.
Q. Witness. A term referring to a complainant, victim, eyewitness, or any other form of witness to an incident.

A
  1. GENERAL PROCEDURES FOR LINE-UPS
    A. The following is a list of acceptable identification methods, from
    most preferred to least preferred:
  2. Photographic line-up conducted by a blind administrator
  3. Photographic line-up conducted by a blinded administrator, using the folder method in a
    blind manner.
  4. Live line-up conducted by a blind administrator.
  5. Field identification procedures.

B. Sequential viewing should be used rather than simultaneous viewing whenever possible.
If simultaneous viewing is used, then the reason for this option should be documented in the assigned investigator’s report.

C. Live line-ups will not normally be used due to the difficulty of administration and the difficulty in obtaining sufficient number of individuals with similar physical characteristics.
Should an assigned investigator determine a need for a live line-up, the investigator should refer to sections .10 - .11 of this procedure.

D. Because criminal investigations can vary drastically from one case to another, assigned investigators may be faced with a situation unforeseen by this procedure and there may be a need to deviate from this procedure.
In those cases, assigned investigators must document, in detail, the circumstances causing the need to deviate from this procedure and what actions were taken.

E. Identification of suspects by witnesses should supplement other investigative actions and/or evidence.

F. The assigned investigator, prior to beginning the identification procedure, will determine if the witness has seen the suspect at any time since the crime occurred (whether in person, in newspaper, television reports, etc).
If so, the assigned investigator will contact the DA’s office to determine if the identification process should continue.

G. The assigned investigator is responsible for determining before any identification procedures if the witness is deaf or has limited English proficiency.
If the witness is deaf or a person with limited English proficiency, unless the administrator is fluent in sign language or the witness’s language, the assigned investigator must obtain the services of an interpreter.
The interpreter shall sign the witness certification statement on obtaining consent of a deaf or person with limited English proficiency, to assist in the identification process. Consider arranging for an interpreter if a person interviewed:
1. Is unable to communicate in English
2. Has a limited understanding of English
3. Is deaf, hearing impaired or speaking impaired
4. Is otherwise physically challenged to communicate in English

H. If the person is unable to read, the administrator, in the presence of the witness, will give the explanation, read any forms, and obtain consent and acknowledge the consent on SAPD Form #141 WLU F/P, stating why the person was unable to sign the form.

I. Documentation of Line-ups:

  1. In all cases, the administrator will, at a minimum, document in a supplement report the details of the line-up presentation process and result, and return the supplement, the Line-up Form, and all original photographs and documents to the assigned investigator. Any officers who witnessed the line-up will also write supplemental reports. If an interpreter is used, the identification of the interpreter will be documented as well as the assistance provided.
  2. If the witness cannot read or write, the identification procedure should be video recorded. Audio recording is the preferred alternative. If neither method is employed, then the reason for not video or audio recording should be documented. The recording will be safeguarded and maintained pursuant to the unit’s Standard Operating Procedures.
545
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 702 – Eyewitness Identification

  1. PREPARING PHOTOGRAPHIC LINE-UPS
    A. The assigned investigator is responsible for:
  2. The preparation of the photographic line-up, including selecting the fillers and ensuring each of the photographs are numbered or lettered for later reference.
  3. Obtaining a sworn law enforcement officer who is familiar with the contents of this policy and understands the line-up presentation process to act as an administrator of the line-up.
  4. Preserving the photo line-up, whether an identification is made or not, together with full information about the identification process for future reference, by safeguarding the photos in their original condition and the Photographic Lineup Form, pursuant to the individual unit Standard Operating Procedures.
  5. In preparing the photographic line-up; the assigned investigator should:
    a. Include only one suspect in each identification procedure.
    b. Select fillers that generally fit the witness’ description of the perpetrator. Fillers should be selected where no person stands out from the others.
    c. Use photographs of individuals who are reasonably similar in age, height, weight and general appearance and of the same sex and race. Avoid use of fillers that so closely resemble the suspect that a person familiar with the suspect might find it difficult to distinguish the suspect from the fillers.
    d. If multiple photos of the suspect are reasonably available to the investigator, select a photo that resembles the suspect’s description or appearance at the time of the incident.
    e. Include a minimum of five fillers per identification procedure. Place a filler in the lead position, with the remaining photographs in random order. Place two blanks on the same type of photographic paper at the end (these will not be shown to the witness). If showing the same suspect to a different witness, if using the same filler photographs place a filler in the lead position, with the remaining photographs in a new random order.
    f. Avoid multiple identification procedures in which the same witness views the same suspect more than once, and avoid using the same fillers in lineups shown to the same witness if showing a new suspect.
    g. Ensure that no writings or information concerning previous arrest(s) will be visible to the witness. Do not mix color and black and white photos.
    h. Use photos of the same size and basic composition. Mug shots should not be mixed with other photos. If mug shots are to be used, cover any portions that provide identifying information about the subject.
    i. Photos should be reasonably contemporary.
    j. Do not use more than one photo of the same suspect.
    k. If there is more than one suspect, include only one suspect in each line-up presentation.
    l. View the array, once completed, to ensure that the suspect does not unduly stand out.
    B. The Administrator is responsible for:
  6. Ensuring they are familiar with the contents of this policy and the line-up presentation process.
  7. Ensuring the photographic line-up is presented in a manner consistent with this policy.
  8. Documenting the conduct and results of the line-up presentation in the manner approved within this policy.
  9. Ensuring witnesses are not allowed to confer with each other before, during or after the identification procedure.
  10. Returning all line-up materials and documentation to the assigned investigator.
A
  1. PRESENTING PHOTOGRAPHIC LINE-UPS: DUTIES OF THE ADMINISTRATOR
    A. Assigned investigators should use a blind administrator whenever possible, and the assigned investigator should not be within hearing or view, or present in the same room at the time the line-up is conducted. If a situation occurs where a blind administrator cannot be used, the assigned investigator will document the reason in his report.
    B. If using a blinded administrator, the procedure must be conducted in a manner such that the administrator does not know either the position of the suspect in the array, or which person in the array the witness is looking at. In addition to the following the procedures listed in .06 - .07 , below, the blinded administrator should not be in a position to view the photographs while the witness is viewing the photographs. The eyewitness should be the only person viewing the photographs.
    C. The administrator must not provide any feedback of any kind at any time during the procedure. If the witness asks whether they picked the right person, the administrator will respond that he or she is unaware of which photograph is a suspect and which are fillers and the administrator will state that it would compromise the case to inform a witness of the procedures results. Other persons present at the presentation must be instructed to not make any suggestive statements, or take any other actions that may influence the judgment or perception of the witness.
    D. The administrator: provides the witness with a Photographic Line-up Form (SAPD 141 WLU-P); reads the instructions and admonitions verbatim from the form; obtains the witness’ signature indicating they understand the procedure; signs the form as administrator; if the witness refuses to sign, documents that the witness was appropriately instructed; and, ensures that the witness understands the instructions before proceeding.
    E. If utilizing sequential viewing, the administrator: shows the witness the photographs in the order they were received from the assigned investigator, one at a time, and documents the order shown; retrieves the photograph from the witness before providing a new one; and, allows the witness to see only one photograph at a time. If the witness identifies a suspect, the administrator must show the remaining photographs even if a witness has made an identification. If a witness asks why he or she must view the rest of the photographs, simply state the witness is required to view all the photographs to assure objectivity and reliability. The administrator records the number or other identification of the photograph; the witness and administrator sign and date the photograph selected; and, the witness is asked for a statement of how confident they are about their identification. The administrator should conduct a follow-up interview, only after an identification is made to assess any relevant factors that support the identification, such as: special facial features, hair, marks, etc. The administrator must not allow a witness to re-review a photograph unless the witness specifically request to do so, and the witness must re-review all photographs rather than a specific photograph(s). No more than two (2) viewings will be conducted.
    F. If utilizing simultaneous viewing, the administrator shows the witness the folder and asks if they see the person who committed the crime. If the witness identifies a suspect, the administrator records the number or other identification of the photograph; the witness and administrator sign and date the photograph selected; and, the witness is asked for a statement of how confident they are about their identification.
    G. The administrator: completes the Statement of Victim/Witness portion of SAPD 141 WLU-P, including making sure the witness’ confidence statement is documented in the witness’ own words, regarding how certain they are of the identification; has the witness complete and sign the appropriate portion of the form; returns all files, photographs and forms to the assigned investigator; and, completes a supplement on the identification procedure.
546
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 702 – Eyewitness Identification

  1. LIVE LINEUP PROCEDURES
    A. The assigned investigator is responsible for the following preliminary procedures:
  2. A suspect has the right to have an attorney present at a live lineup if the lineup is held after the initiation of criminal proceedings against the suspect (i.e., after the complaint has been filed, a formal charge has been filed, a preliminary hearing has been held, suspect has been arraigned, or an indictment or information has been filed). A suspect who has the right to have an attorney present at a lineup is advised by the assigned investigator that:
    a. He has the right to have an attorney present to observe the procedure;
    b. If he cannot afford an attorney, one is provided for him free of charge; and
    c. The lineup is delayed for a reasonable amount of time after the attorney is notified, in order to allow the attorney to attend.
  3. The assigned investigator will take a formal statement from the accused if he waives his right to counsel and he agrees to give a statement. In the event the accused refuses to waive his rights and refuses to employ or have an attorney appointed for him, the assigned investigator will contact a Bexar County District Court judge and requests that the judge appoint an attorney on behalf of the accused.
  4. When a suspect who has the right to counsel at a lineup desires to have counsel present, the following procedures are followed.
    a. The assigned investigator will call the suspect’s attorney and inform the attorney of the time and date of the lineup and allow the suspect to talk to him;
    b. When the suspect has no attorney, but wishes to retain one, he is given a reasonable amount of time to do so; and
    c. In the case of indigent suspects, the assigned investigator will contact a Bexar County District Court judge to have an attorney appointed to represent the suspect.
  5. In the event the suspect’s counsel fails to appear at the scheduled lineup, the lineup is delayed for a short period of time. The assigned investigator may take the following steps if the attorney still does not appear:
    a. Delay the lineup until a later date;
    b. Arrange for a substitute counsel to represent the suspect at the lineup; or
    c. Hold the lineup without counsel if it is impractical to delay it or appoint substitute counsel.
  6. Prior to the lineup, the assigned investigator will inform the District Attorney’s Office of the date, time, and location of the proceedings to give them the opportunity to send a representative.
    6 Before placing the suspect in the lineup, the assigned investigator will inform the suspect that:
    a. He is being placed in a lineup along with persons similar in appearance; and
    b. He may be required to wear certain clothing, utter certain words, or perform certain acts, but such appearance, words, or acts are for identification purpose only.
  7. When a suspect is uncooperative or refuses to participate in a lineup:
    a. He is advised by the assigned investigator that he has no right to refuse and that his refusal may be introduced at his trial as evidence of consciousness of guilt; and
    b. A record is made of the precise words of refusal.
  8. Prior to beginning the lineup, the assigned investigator will instruct the defense counsel as to the procedure for the lineup:
    a. The offense with which his client is charged or suspected;
    b. The names and addresses of witnesses who view the lineup are not revealed to counsel;
    c. To direct all comments or inquiries to the administrator outside the presence of the witnesses during the lineup;
    d. Objections or lack of objections to the lineup arrangement or procedure are noted on the record of the lineup procedure;
    e. Counsel may be removed from the lineup proceedings if attempts are made to obstruct or delay the lineup; and
    f. When substitute counsel cannot be readily obtained, the lineup continues without counsel for the suspect
A

B. The assigned investigator is responsible for:

  1. Preparing the line-up, including selecting the fillers.
  2. Obtaining a sworn law enforcement officer who is familiar with the contents of this policy and
    understands the line-up presentation process to act as a blind administrator of the line-up.
  3. Preserving the line-up and identification process for future reference via photographic/video documentation and all completed forms and reports, whether an identification is made or not.
  4. In preparing the line-up; the assigned investigator should:
    a. Include only one suspect in each identification procedure.
    b. Select fillers that generally fit the witness’ description of the perpetrator. Fillers should be selected where no person stands out from the others.
    c. Use individuals who are reasonably similar in age, height, weight and general appearance and of the same sex and race. Avoid use of fillers that so closely resemble the suspect that a person familiar with the suspect might find it difficult to distinguish the suspect from the fillers.
    d. Include a minimum of five fillers per identification procedure. Place a filler in the lead position, with the remaining persons in random order. If showing the same suspect to a different witness, using the same filler persons, place a filler in the lead position, with the remaining persons in a new random order.
    e. Avoid reusing fillers in lineups shown to the same witness if showing a new suspect.
    f. If there is more than one suspect, include only one suspect in each line-up presentation.
    g. View the line-up, once completed, to ensure that the suspect does not unduly stand out.
  5. Presenting the ordered live lineup to the administrator; the administrator may not be told which position the suspect is in.

C. The administrator is responsible for:

  1. Ensuring they are familiar with the contents of this policy and the line-up presentation process.
  2. Ensuring the line-up is presented in a manner consistent with this policy.
  3. Documenting the conduct and results of the line-up presentation in the manner approved within this
    policy.
  4. Ensuring witnesses are not allowed to confer with each other before, during or after the identification procedure and that the assigned investigator is not within hearing or view, or present in the same room at the time the line-up is conducted.
  5. Returning all line-up materials and documentation to the assigned investigator.
547
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San Antonio Police Department
GENERAL MANUAL
Procedure 702 – Eyewitness Identification

  1. PRESENTING LIVE LINE-UPS: DUTIES OF THE ADMINISTRATOR
    A. A blind administrator must be used, and the assigned investigator should not be within view or hearing, or
    present in the same room at the time the line-up is conducted.
    B. The administrator must not provide any feedback of any kind at any time during the procedure. If the witness asks whether they picked the right person, the administrator will respond that he or she is unaware of which person is a suspect and which are fillers, and the administrator will state that it would compromise the case to inform a witness of the procedure’s results. Other persons present at the presentation must be instructed to not make any suggestive statements, or take any other actions that may influence the judgment or perception of the witness.
    C. The administrator: provides the witness with a Live Line-up SAPD Form 141 WLU-L reads the instructions and admonitions verbatim from the form; obtains the witness’ signature indicating they understand the procedure; signs the form as administrator; if the witness refuses to sign, documents that the witness was appropriately instructed; and, ensures that the witness understands the instructions before proceeding.
    D. The administrator: completes the Statement of Victim/Witness portion of SAPD Form 141 WLU, including making sure the witness’ confidence statement is documented in the witness’ own words, regarding how certain they are of the identification; has the witness complete and sign the appropriate portion of the form; returns all files, photographs and forms to the assigned investigator; and, completes a supplement on the identification procedure.
    E. The administrator begins with all live lineup participants out of the view of the witness; presents the subjects one at a time in the order presented to the administrator by the assigned investigator; presents each individual to the witness separately, removing those previously shown from the field of view, if administering a sequential live lineup, or bring the participants in one at a time until they are all assembled, if administering a simultaneous live lineup.
    F. Even if the witness makes an identification, show the witness the next subject until all subjects have been shown. If a witness asks why he or she must view the rest of the persons, simply states the witness is required to view all the persons to assure objectivity and reliability.
    G. The witness should not know how many individuals will be shown.
    H. Ensure that any identification actions (e.g., speaking, moving, etc.) are performed by all members of the live lineup.
    I. To the extent possible, ensure that no one who knows the suspect’s identity is present during the live lineup procedure. In some live lineups, exceptions must be made to allow for the presence of defense counsel.
    J. Only upon request of the witness, the witness may view the live lineup again after the first live lineup has been completed. If the witness requests an additional viewing, the independent administrator should present the entire live lineup a second time. The live lineup administrator should never suggest additional viewing. It is recommended that the witness not be allowed to view the live lineup more than two times.
    K. When showing a different suspect to the same witness, do not reuse the same fillers from a previous array shown to that witness.
    L. Take precautions to ensure that witnesses do not encounter suspects or fillers at any time before or after the identification procedure.
    M. The administrator should conduct a follow-up interview, only after an identification is made to assess any relevant factors that support the identification, such as: special facial features, hair, marks, etc.
A
  1. FIELD IDENTIFICATION PROCEDURES

A. The use of field identification should be avoided whenever possible in preference for the use of a photographic or live lineup. If there is some question regarding whether an individual stopped in the field may be the right suspect, an attempt at field identification may prevent the arrest of an innocent person. Therefore, when circumstances require the use of field identification the following guidelines should be followed:

  1. Supervisory approval should be obtained prior to any Field Identification.
    The officer is responsible for ensuring the witness is able to understand the instructions given by officers. If the witness is deaf, illiterate, or is a person with limited English proficiency, the officer will provide for an interpreter or other assistance.
  2. Single suspect field identification shall not be used if there is adequate probable cause to arrest the suspect.
    The follow up unit will conduct a lineup at a later time, if necessary.
  3. A complete description of the suspect should be obtained from the witness prior to conducting a field identification.
    If the witness states that he or she was unable to clearly see the suspect, a field identification will not be done.
  4. Whenever possible, the witness should be transported to the location of the suspect rather than bringing the suspect to the witness.
    Suspects should not be taken to the crime scene, or to the witness’s home.
  5. Field identifications should not be attempted more than two hours after the commission of a crime.
  6. Field identification should not be conducted when the suspect is in a patrol car, handcuffed, or physically restrained by police officers, unless such protective measures are necessary to ensure safety.
  7. Field identification should only be conducted with one witness present at a time. If the field identification is conducted for more than one witness it should be done separately.
    If one witness positively identifies the individual, consider making an arrest and using the above photographic lineup procedures for other witnesses.
  8. The same suspect should not be presented to the same witness more than once in either field or subsequent photographic line-ups.
  9. Field identification suspects should not be required to put on clothing worn by the perpetrator, to speak words uttered by the perpetrator or to perform other actions of the perpetrator.
  10. Officers should avoid words or conduct of any type that may suggest to the witness that the individual is or may be the perpetrator will be avoided.
  11. Witnesses should be reminded not to talk about the show-up to other witnesses until police or prosecutors deem it permissible.
  12. The officer conducting the field identification: provides the witness with SAPD Form 141 WLU- F; reads the instructions and admonitions verbatim from the form; obtains the witness’ signature indicating they understand the procedure; signs the form as administrator; if the witness refuses to sign, documents that the witness was appropriately instructed; and, ensures that the witness understands the instructions before proceeding.

B. The officer conducting the show-up: completes the Statement of Victim/Witness portion of SAPD form 141 WLU-F, including making sure the witness’ confidence statement is documented in the witness’ own words regarding how certain they are of the identification; documents the witness’s response in the witness’s own words; has the witness complete and sign the appropriate portion of the form; returns all files, photographs and forms to the assigned investigator; and, completes a supplement on the identification procedure. The documentation of the show-up should also include the time, date and location of the procedure, identities of persons present, and the outcome of the procedure.

C. If an in-car video and audio recording system is active at the time of the field identification, it will not be stopped before or during the identification. The recording will be maintained pursuant to the applicable Standard Operation Procedures.
D. Each officer participating in the field identification will document their actions and any statements made in a supplement report.

548
Q

San Antonio Police Department
GENERAL MANUAL Procedure 703 –
Handling of Sexual Assault Complaints

.01 INTRODUCTION
This procedure focuses primarily on the police officer’s role in responding to complaints of sexual assault and does not outline the technical aspects of a sexual assault investigation, which are contained in the Special Victims Unit standard operating procedures and GM Procedure 701, Crime Scene Duties.

.03 POLICY
A. The officer treats all victims with compassion, consideration, understanding, and patience while collecting necessary
evidence and asking required questions.
B. When talking to the victim, the officer uses language appropriate to the victim’s age, intelligence, and emotional condition.
C. The officer uses medical terms when referring to various parts of the body.
D. The officer does not ask any embarrassing or personal questions which are irrelevant to the investigation.
E. During the course of the investigation, an officer does not express to the victim any personal opinion as to whether or not a sexual assault has been committed; nor does he write his personal opinion in the offense report.
F. The officer makes no comment pertaining to the victim’s behavior in providing the opportunity to be assaulted.
G. An officer, under no circumstances, undertakes a physical examination of a sexual assault victim.
H. Officers dispatched to a hospital or doctor’s office to take the report, interview, or investigate the offense leave the room during the physical examination of the sexual assault victim.

.04 OBJECTIVES OF HANDLING SEXUAL ASSAULT COMPLAINTS

A. To obtain the necessary physical evidence and witness testimony in order to lawfully arrest the offender and secure a
successful conviction.
B. To establish a procedure for the officer’s interviewing and handling of the sexual assault victim. A certain degree of sensitivity should be incorporated while still obtaining the necessary information to assist the follow-up unit.
C. To refer the victim to the appropriate support agency for obtaining medical and psychological assistance, if needed.
D. To inform the victim they may choose a pseudonym instead of using their name in all public files and records concerning the offense.

A

.05 OUTOFJURISDICTIONCASES

A. When a Sexual Assault or Indecency with a Child is reported to the San Antonio Police, regardless of the jurisdiction of the occurrence, San Antonio police officers will initiate an investigation and report the offense on an offense report, and officers will also notify the Special Victims Unit or Night CID Unit for proper follow-up. The actual location of the offense is listed in the appropriate box on the offense report. N-Code 6 does not apply in this situation.

B. Officers conduct the preliminary investigation as if the offense occurred in San Antonio, to include taking the victim to the hospital for medical attention and evidence collection, and when possible return the victim so statements can be taken by the follow-up unit.

C. For Uniform Crime Reporting purposes, the offense code for the report is 110010 - Outside jurisdiction.

D. The Special Victims Unit will notify the proper jurisdiction and forward all information required to properly complete the investigation.

.06 CASEHANDLINGFORADULTS

A. All Sex Offenses are written on an offense report.

B. The officer assigned to respond to a sexual assault complaint is responsible for the preliminary investigation and immediate notification of the follow-up investigative unit.

C. In the event the victim is in need of immediate medical attention, the officer follows departmental procedures regarding the administration of first aid and transportation of injured persons.

D. Preliminary interview of the victim is conducted by one officer, who briefly interviews the victim privately away from all other officers, witnesses, and onlookers, to:

  1. Determine the specific type of crime. This can be done by asking the victim questions about what occurred, such as:
    a. Was there vaginal penetration and if so, by what means (penis, digital penetration, etc)?
    b. Was force or a weapon used? If so, what type?
  2. Secure the crime scene and comply with GM Procedure 701, Crime Scene Duties, where applicable;
  3. Obtain a description of the offender and broadcast the description, if appropriate;
  4. Inform the victim they may choose a pseudonym. If the victim chooses not to have a pseudonym name, they have the right to choose a pseudonym at any time during the investigation;
  5. Gather the basic information for beginning an investigation, which includes:
    a. Name of victim (pseudonym, if chosen by the victim);
    b. Home address, business address, and any other addresses where the victim may be contacted (omit on the offense report if the victim has chosen a pseudonym);
    c. Home telephone number, business telephone number, and any other telephone numbers where the victim can be called (omit on the offense report if the victim has chosen a pseudonym);

d. The above information must be included on the SAPD Form #2089-PSA, if the victim chooses a pseudonym, and forwarded to the Special Victims Unit.
e. Regardless of whether a pseudonym is used, the date of birth and sex of the victim must be included on the offense report.
6. Identify any witnesses, especially the outcry witness, and enter their information on the offense report.
E. If the victim has chosen a pseudonym, the reporting officer will provide the victim with SAPD Form #2089-PSA. The officer and the victim will complete the form.
1. If necessary, the officer counsels the victim in choosing a pseudonym by advising the victim the chosen pseudonym will be used in subsequent legal documents, and will be seen by officials such as judges and prosecutors. The officer encourages the victim to choose a conservative pseudonym which will not cause potential embarrassment to the victim. The officer provides a copy of the SAPD Form #2089-PSA to the victim.
2. The officer will fax a copy of the offense report and the officer will also fax a copy of SAPD Form #2089-PSA to the Special Victims Unit. The officer will return the original SAPD Form #2089-PSA to the Special Victims Unit in person or in a sealed envelope through the department bin mail.
F. If the sexual assault occurred within ninety-six (96) hours of the report to the police, the officer requests the victim undergo a physical examination at the Methodist Specialty and Transplant Hospital located at 8026 Floyd Curl Drive if the victim is seventeen (17) years of age or older. The officer stresses the importance of the examination for the following reasons:
1. The victim may require medical treatment for possible pregnancy, disease, or injury; and
2. A medical examination obtains evidence critical to the successful prosecution of the offender.
3. The officer calls the hospital prior to transporting the victim to ensure a SANE Nurse is contacted and available when the victim arrives. The officer is prepared to inform medical staff of the details of the offense, if requested.
G. When the victim wants to be examined by a private physician, the officer stresses having the medical examination done at Methodist Specialty and Transplant Hospital due to that hospital’s expertise in handling sexual assault cases.
H. The victim may insist upon having the examination done by a private physician or at a hospital facility of his/her choosing, in which case it is permitted.
I. The officer may provide transportation for the victim to a medical facility for testing and from there to the Special Victims Unit office. The victim may be accompanied to the hospital by a friend or relative.
J. The officer may be relieved from waiting with the victim at the hospital if:
1. The victim is accompanied by an adult friend, adult relative, or a rape crisis counselor; and
2. The victim has transportation from the hospital after the examination.
K. The officer notes in his report the name, address, age, and title of the person in whose care the victim was left with at the hospital.
L. The officer advises the victim to contact the Special Victims Unit to make arrangements for an interview by an Investigator. The officer stresses the importance of cooperating with the investigation.
M. Between the hours of 0745 and 1745, officers notify the Special Victims Unit immediately on all sexual assault cases. Between the hours of 1745 and 0745, a Night CID Unit investigator is immediately requested.
N. A copy of the offense report is faxed along with the SAPD Form #2089-PSA, if used, to the Special Victims Unit prior to the end of the officer’s tour of duty.

549
Q

San Antonio Police Department
GENERAL MANUAL Procedure 703 –
Handling of Sexual Assault Complaints

.07 CASEHANDLINGFORCHILDREN
A. All sex offenses, which include Sexual Assaults and Indecency with a Child, are written on an offense report,
regardless of who the reporting party is. (I.e. teachers, counselors, Child Protective Services caseworkers, etc.)
B. The officer assigned to respond to a sexual assault complaint is responsible for the preliminary investigation and immediate notification of the follow-up unit.
C. In the event the victim is in need of immediate medical attention, the officer follows departmental procedures regarding the administration of first aid and transportation of injured persons.
D. Officers receiving a call for child sexual/physical abuse notify Child Protective Services by one of the following methods:
1. Call the specially designated Child Abuse Statewide Intake hotline number for law enforcement at 1-800-877- 5300;
2. Make an online report to the Statewide Intake office by logging in to www.reportabuse.ws and following the directions on the website; and
3. Fax a copy of the officer’s report to the Statewide Intake office at 1-800-647-7410.
E. The notification and the means used will be documented in the officer’s report.
F. The preliminary interview of the child victim is never done in front of the suspect. An interview may be done privately, away from all other officers, witnesses, and onlookers, but if this is not possible, or the child is not available, the officer may obtain the preliminary information from the reporting persons; the outcry witness, the parent, teacher, Child Protective Services Caseworker, etc. This is done to:
1. Determine the specific type of crime. This can be done by asking the victim or reporting person questions about what occurred, such as:
a. Was there vaginal penetration and if so, by what means (penis, digital penetration, etc)?
b. Was force or a weapon used? If so, what type?
2. Secure the crime scene and comply with GM Procedure 701, Crime Scene Duties, where applicable;
3. Obtain the description of the offender and broadcast the description, if appropriate;
4. A pseudonym may be offered, however, a copy of any report detailing child physical/sexual abuse is not releasable as public information.
5. Gather the basic information for beginning an investigation, which includes:
a. Name of the victim (pseudonym if chosen);
b. Home address and telephone number where the victim may be contacted (omit on report but include on SAPD Form #2089-PSA, if used).
c. Home telephone number and business telephone numbers and addresses where the victim’s parents, or guardians, may be reached.
d. Regardless of whether a pseudonym is used, the date of birth and sex of the victim must be included on the offense report;
6. Identify any witnesses, especially the outcry witness and document their information on the offense report.
7. If the child is living with the actor involved in the abuse, officers need to consider the child’s safety. If the officer feels the child will be in further danger, the child should be taken to the Children’s Shelter or other location identified by Child Protective Services and the information noted in the offense report.
G. If the victim, or victim’s parents or guardians choose a pseudonym, the reporting officer will provide the victim and the victim’s parents or guardians with SAPD Form #2089-PSA.
1. If necessary, the officer counsels the victim in choosing a pseudonym by advising the victim the chosen pseudonym will be used in subsequent legal documents, and will be seen by officials such as judges and prosecutors. The officer encourages the victim to choose a conservative pseudonym which will not cause potential embarrassment to the victim. The officer provides a copy of the SAPD Form #2089-PSA to the victim.
2. The officer will fax a copy of the offense report and the officer will also fax a copy of the SAPD Form #2089- PSA to the Special Victims Unit. The officer will return the original SAPD Form #2089-PSA to the Special Victims Unit in person or in a sealed envelope through the department bin mail.
H. If the sexual assault occurred within 96 hours of the report to the police, the officer requests the victim undergo a physical examination at a hospital prior to giving a statement. The officer stresses the importance of the examination for the following reasons:
1. The victim may require medical treatment for possible pregnancy, disease, or injury; and
2. A medical examination obtains evidence critical to the successful prosecution of the offender.
I. When the parents or guardians want the victim to be examined by a private physician, the officer stresses having the medical examination done at the Christus Santa Rosa Children’s Hospital, if the victim is sixteen (16) years of age or younger, due to that hospital’s expertise in handling cases involving children.
1. If the parents do not wish to go to the Christus Santa Rosa Hospital, a sexual assault examination may be done at the Methodist Specialty and Transplant Hospital, provided the child is over 13 years of age.
2. The officer immediately notifies hospital personnel so they may contact one of the SANE nurses.
J. The officer is prepared to inform the medical staff of the details of the offense.
K. The officer may provide transportation to a medical facility for testing and from there to the Special Victims Unit or Night Detectives Unit. A parent or guardian should accompany the victim.
L. Between the hours of 0745 and 1745, officers notify the Special Victims Unit immediately on all child sexual assault and indecency with a child cases. Between the hours of 1745 and 0745, a Night Special Victims Unit investigator is immediately requested.
M. A copy of the offense report and SAPD Form #2089-PSA, if used, is faxed to the Special Victims Unit prior to the end of the officer’s tour of duty.

A

.08 MEDICAL EXAMINATION LOCATIONS
A. The Methodist Specialty and Transplant Hospital, located at 8026 Floyd Curl, is the primary location for
examinations in all sexual assault cases involving victims seventeen (17) years of age and older.
B. The Christus Santa Rosa Children’s Hospital, located at 333 N. Santa Rosa, is the primary location for examinations in all sexual assault cases involving victims sixteen (16) years of age and younger.
.09 COLLECTION OF EVIDENCE FROM SEXUAL ASSAULT SUSPECTS
A. If an officer arrests or detains a suspect, adult or juvenile, within a reasonable amount of time after the sexual assault or indecency with a child by contact, he immediately notifies the follow up unit. Depending on the circumstances of the case, the processing of the suspect for evidence may involve the following:
1. Collection of evidence from an arrested person, that is non-intrusionary, including photographs of defensive wounds, may be collected for the immediate preservation of evidence without a warrant.
2. Evidence that requires intrusion into the human body, such as the withdrawing of blood or the taking of a sample of DNA from inside the mouth, must be accomplished pursuant to a search warrant or through written consent.
3. Suspects detained but not arrested may have non-intrusionary evidence collected from their persons only pursuant to a search warrant or through written consent, unless exigent circumstances can be clearly articulated by the officer and/or detective assigned to the case stating why there was not enough time to procure a warrant.
4. The suspect, regardless of age, will be taken to the Methodist Specialty and Transplant Hospital (8026 Floyd Curl) for the examination. An on-call SANE Nurse will be notified to conduct the examination to remove any biological or trace evidence, including the photographing of defensive wounds, from the sexual assault suspect.
5. All evidence removed from the suspect, except photographs of defensive wounds, will be packaged by the SANE Nurse and turned over to the officer.
6. The officer will place all collected evidence received from the SANE Nurse in the Property Room under the appropriate case number;
7. Normally, the victim’s sexual assault kit remains at Methodist Transplant or Christus Santa Rosa Hospital and is transported to the crime lab by follow up unit personnel. If the officer comes into possession of the victim’s sexual assault kit, such as when the victim’s SANE exam was performed at a location other than one of the above hospitals, the officer will separate the suspect kit from the sexual assault victim’s kit and place the kits under separate Barcodes.
8. Any film used by the SANE Nurse at the time of evidence collection will remain at the medical facility and will be picked up by the follow-up unit.

550
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 704 – Apparent Sudden Deaths

.01 INTRODUCTION
A. This procedure establishes processes for officers to report apparent sudden deaths to the Bexar County Medical Examiner’s Office and for notifying a victim’s legal next of kin of the apparent sudden death.

B. Procedures for the investigation of homicides are covered in GM Procedure 701, Crime Scene Duties.

.02 CLASSIFICATIONS OF
APPARENT SUDDEN DEATHS

A. Deaths Due to Natural Causes (i.e., long term illness, heart attack, stroke, etc.);

B. Violent Deaths - deaths caused by intentional acts (i.e., homicide and suicide) or deaths caused by unintentional acts
(i.e., traffic fatality, drowning, electrocution, falling)

.03 PRIMARY RESPONSIBILITIES

A. The San Antonio Police Department has
three (3) primary responsibilities involving the handling of apparent sudden deaths:

  1. Reporting all apparent sudden deaths to the Bexar County Medical Examiner’s Office;
  2. Notification of the legal next of kin of the victim;
  3. Safeguarding the victim’s personal property.

B. Officers must realize the sensitivity of the situation and express sympathy and compassion when delivering the notification to the victim’s family.

.04 PROCEDURE -
DEATHS DUE TO NATURAL CAUSES

A. Officers dispatched to a location other than a hospital for an apparent sudden death, determine if first aid is needed and provide assistance, if necessary, until emergency medical personnel arrive.

B. An EMS unit is dispatched to assist the officer in determining the condition of the complainant.
If it is apparent, after viewing the body, the complainant has expired due to natural causes, the investigating officer follows these guidelines:

  1. Contact Homicide Unit investigators and provides pertinent information.
  2. Contact the Medical Examiner’s Office and provides the following information on the deceased
    (if known):
    a. Full legal name;
    b. Home address;
    c. Location where deceased was found;
    d. Deceased’s date of birth;
    e. Apparent cause of death;
    f. Time the deceased was discovered;
    g. Position in which the body was found;
    h. Deceased’s social security number;
    i. Name of the deceased’s physician;
    j. Medication taken;
    k. Known illnesses;
    l. Name of physician who has agreed to sign the death certificate;
    m. Hospital or funeral home where the deceased is to be taken; and
    n. Legal next of kin notified.
  3. The deceased may be transported to a hospital or funeral home by a private ambulance if a doctor agrees to sign the death certificate.
    The deceased must be pronounced dead by a physician either at a hospital or at the scene before removal to a funeral home.
  4. The deceased body is transported to the Bexar County Medical Examiner’s Office by contract ambulance when the physician for the deceased cannot be contacted.

C. Officers dispatched to a hospital to take a report of an apparent sudden death by natural causes utilize the steps as outlined in .04B1-3 of this procedure.

A

.05 PROCEDURE - VIOLENT DEATHS

A. Officers dispatched to a location other than a hospital for an apparent sudden death, determine if first aid is needed and provide assistance, if necessary, until emergency medical personnel arrive.

B. An EMS unit is dispatched to assist the officer in determining the condition of the complainant. If it is apparent, after viewing the body, the complainant has expired due to violent causes, intentional or unintentional; the investigating officer follows these guidelines:

  1. Protect the scene, if location is known;
  2. Request a Crime Scene Unit Investigator be dispatched to the scene;
  3. Advise a supervisory officer of the situation and requests additional officers, if needed;
  4. Contact the Homicide Unit or Night CID Unit and gives them the pertinent information;
  5. Contact the Bexar County Medical Examiner’s Office;
  6. Ensures the deceased is transported to the Bexar County Medical Examiner’s Office by contract ambulance.

C. When the deceased is a victim of an apparent suicide, suicide notes along with handwriting samples of the deceased, if available, are forwarded to the Bexar County Medical Examiner’s Office.

D. Officers dispatched to a hospital to take a report of an apparent sudden death caused by violent means utilize the steps as outlined in .05B1-5 of this procedure.

551
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 704 – Apparent Sudden Deaths

.06 VICTIM’S PROPERTY

A. Valuables on the body of the deceased remain with the body when the body is transported to the Medical Examiner’s Office.

Valuables that are visible on the body are noted in the offense report.

B. When the body of the deceased is transported to a hospital or funeral home, valuables on the body of the deceased are placed in the Property Room.

C. Officers dispatched to a private residence to investigate an apparent sudden death secure the premises before leaving the scene and, if necessary, arrange for a patrol by for a period of five (5) days.

.07 NOTIFICATION OF LEGAL NEXT OF KIN

A. The legal next of kin is fixed by law, and except in special circumstances that is the only person who can legally authorize certain acts, such as burial or cremation.
Even though a relative may be present and notified of the death, the legal next of kin needs to be determined and that information should be included in the details of the report.

  1. Legal next of kin notification; suggested order of contact for an adult victim:

a. Spouse;
b. Adult children;
c. Parent or legal guardian;
d. Grandparents;
e. Adult brother or sister;
f. Adult aunt or uncle;
g. Adult nieces or nephews; or
h. Other adult relatives.

  1. Legal next of kin notification; suggested order of contact for a child victim:

a. Parent or guardian;
b. Grandparents;
c. Adult brother or sister;
d. Adult aunt or uncle; or
e. Other adult relative.

B. In violent deaths, legal next of kin notification will be the responsibility of the Homicide Unit detective or Night CID Unit detective assigned to the investigation if the legal next of kin lives in Bexar County.

  1. Notification of violent deaths will be made as soon as possible in person by an investigating detective and a uniformed officer.
  2. If an investigating detective is not on duty or available, a uniformed sergeant will make the notification in person.
    The uniformed sergeant should familiarize himself with the details of the case prior to notification.

C. In deaths due to natural causes, legal next of kin notification will be the responsibility of the officer assigned to handle the report if the legal next of kin lives in Bexar County.

D. If the victim has no relatives in Bexar County, the assigned officer notifies the Security Desk to dispatch essential information to the law enforcement agency closest to the home of the nearest legal next of kin.

A

.08 OFFENSE REPORTS

A. All apparent sudden deaths, except traffic fatalities where no criminal charges are anticipated, are reported on an offense report. Traffic fatalities where no criminal charges are anticipated are reported on the Texas Peace Officer’s Crash Report.

B. Offense Report - Offense/Event

  1. A death due to natural causes or a violent death caused by an unintentional act (i.e., drowning, electrocution, falling, etc.) is listed as “apparent sudden death”.
  2. A violent death caused by a type of criminal homicide is listed according to the Penal Code number and title of the statue (i.e., 19.02, Murder; 19.04, Manslaughter; etc.).
  3. A violent death caused by suicide is listed as “apparent sudden death.”

C. The investigating officer includes all pertinent information relative to the situation and outlines all actions taken in the text of the offense report, as well as the names of officers notifying the next of kin and all individuals notified or contacted in relation to the death.

.09 HOSPICE ORGANIZATIONS

A. Hospice organizations exist to provide in-home support and care for individuals in the last phase of an incurable disease.

B. Hospice organizations have registered nurses on staff and on call twenty-four (24) hours a day to assist the families with patient care of the terminally ill. In such cases they are usually at the scene of the apparent sudden death.

C. The hospice nurse is available to assist the officer in determining the condition of the complainant.
EMS Unit personnel are not required to make the scene if a hospice nurse determines the complainant has expired.
The name of the hospice nurse and his/her determination is noted in the officer’s offense report.

D. Hospice organizations prepare their patients’ families for the required police investigation of an apparent sudden death.
The information an officer needs to relay to the Medical Examiner’s Office, in most cases, has already been prepared for the officer by the family.

552
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 705 –
Officer Involved Shooting and Custodial Deaths

.01 INTRODUCTION

This procedure establishes guidelines to ensure the highest degree of continuity and standardization in the handling of officer involved shootings and custodial deaths.
This process not only instills a sense of confidence in the officers themselves, but also satisfies the community’s expectations regarding the thoroughness, objectivity, and integrity of such investigations.

.02 POLICY

A. Officer involved shootings (including apparent accidental shootings) and custodial death incidents involving SAPD Officers or other City of San Antonio Law Enforcement Officers (Airport/Park Police) are investigated by the Shooting Team, regardless of the officer’s duty status.

B. Shootings and custodial deaths involving officers from outside law enforcement agencies occurring within the corporate limits of the City of San Antonio, with the exception of the Bexar County Sheriff’s Department, are investigated by on-duty members of the Shooting Team, with additional help from on-duty Homicide Unit and/or Night CID Unit personnel.

C. The Shooting Team Commander will be notified of all officer involved shootings and custodial deaths and will determine who will conduct the investigation.
Whether or not a death is considered “custodial” will be determined by the Shooting Team Commander.
Notification to the on-call Shooting Team Commander will be made by the Communications Unit and/or NCID during non-duty hours (1745 – 0745).

D. A Shooting Team Supervisor, a Command Level Officer (Captain or above), and a member of the Internal Affairs Unit will be sent to the scene of all officer involved shootings and custodial deaths occurring in the City of San Antonio.

E. An officer is considered to be a witness if he is present at the scene of an officer involved shooting but does not use deadly force himself.

F. Any officer discharging a weapon, accidentally or intentionally (except on the target range or while lawfully hunting), whether on or off duty, shall immediately verbally notify a supervisor.
This is in addition to the written reporting requirement under Subsection 3.31 (D.) of the Rules and Regulations.

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.04 RESPONSIBILITIES
A. First Officers/UEDIs at Scene:
1. Care for the injured;
2. Apprehend suspects;
3. Protect the scene;
4. Attempt to locate and identify any witnesses; and
5. Maintain radio contact with the dispatcher, but limit radio transmissions to pertinent information.

B. Communications Unit:
1. A dispatcher, immediately upon the initial broadcast of any information relating to an officer involved shooting or custodial death, ensures:

Adequate Patrol Division officers/UEDIs are sent to contain and handle the situation; A Patrol Division supervisor is assigned;

Crime Scene Unit Investigators respond to the scene;

Appropriate Investigations Division personnel are notified;

The nearest Patrol Shift Director is advised;

The nearest Patrol Section Commander is advised, if available.

Communications Unit Supervisor ensures the following personnel are notified:

Homicide Unit Director or
Shooting Team Commander
(if not one and the same);

Police Media Services Officer;

The appropriate command officer prescribed in
GM Procedure 314, Command Notification;

Police Psychologist;

San Antonio Police Officers’ Association Attorney;

Family Assistance Officer;

Internal Affairs Unit.

C. Patrol Division Supervisors:

  1. Direct the on-scene investigation until the arrival of the first member of the Shooting Team, who assumes temporary control until the arrival of a Shooting Team supervisor;
  2. Limit entry within the cordoned off area of the crime scene to only those persons whose presence is absolutely required;
  3. Examine, in the presence of a Crime Scene Unit Investigator, the weapons of all officers who were at the scene at the time of the actual shooting, excluding those weapons known to have discharged, which are processed by the Shooting Team;
  4. Relieve an officer involved in a shooting of his weapon at the scene of the shooting only if it is absolutely necessary;
  5. Arrange for the transportation of all involved personnel, witnesses, and/or suspects to Headquarters for statements/interviews;
  6. Ensure involved personnel are not questioned or interviewed, except as set forth in this procedure.
    Witnesses and suspects are cared for and kept separated;
  7. Instruct nonessential personnel to return to service as soon as practical;
  8. If an officer is transported to a hospital, coordinate the officer(s) security and privacy with hospital security and medical personnel, adhering to all hospital procedures;
  9. Gather reports from all officers under their supervision who were assigned to the shooting or custodial death call and deliver those reports to a Shooting Team Supervisor prior to ending their tour of duty.

D. Crime Scene Unit Investigators:

  1. Cordon off the immediate area of the crime scene;
  2. Preserve and protect perishable or unsecured evidence until the arrival of the Shooting Team;
  3. Process all evidence if the Shooting Team Crime Scene Specialist is unavailable or when evidence must be moved or recorded;
  4. Process any evidence obtained from weapons examined by supervisor; and
  5. Assist the Shooting Team in accordance with GM Procedure 701, Crime Scene Duties.

E. Shooting Team:

  1. Upon arrival at scene, assume primary responsibility for investigation of all officer involved shootings and custodial deaths in accordance with the Homicide Unit SOP;
  2. Provide Police Media Services Office personnel with information on the investigation that can be made available to the media.
553
Q

San Antonio Police Department
GENERAL MANUAL. Procedure 705 –
Officer Involved Shootings and Custodial Deaths

.05 INVESTIGATIVE PROCEDURES

A. The Shooting Team Commander shall designate an area at Headquarters to continue the investigation.
This area becomes a restricted zone for Shooting Team personnel only.

B. A separate command post area is established for personnel not directly involved in the investigation, but whose position requires them to be kept informed.

C. A Shooting Team member coordinates interviews or questioning of the injured officer at the hospital.
Other officers present at the hospital, including supervisors, refrain from discussing details of the case with the injured officer unless authorized by a Shooting Team member.

D. An officer is read the “Miranda Warning” only if under suspicion for a criminal action.
Any officer suspected of a criminal action, who has been read the “Miranda Warning,” is not required to make any statement, oral or written.

E. Officers involved in a shooting or a custodial death incident has a departmental member, assigned by a supervisor or the Shooting Team Commander, remain with them until the completion of all interviews.

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  1. This member’s primary concern is for the welfare of the officer involved in the incident,
  2. Officers shall refrain from discussing the facts of the incident or interfering with any legal or clerical relationships.

F. When two (2) or more officers are involved in a shooting or a custodial death incident, they are:

  1. Isolated from one another at the scene by a supervisory officer;
  2. Separately transported to and sequestered within the restricted zone at Headquarters.

G. If one or more of the officers desire to consult with counsel prior to giving a statement or answering any questions, one is provided for him.

  1. Officers meet separately with the attorney(s);
  2. After the meeting, each officer will again be sequestered for interviews.

H. An officer involved in a shooting or custodial death incident should not be required to unnecessarily repeat an account of the event.

554
Q

San Antonio Police Department
GENERAL MANUAL. Procedure 705 –
Officer Involved Shootings and Custodial Deaths

.06 REPORT RESPONSIBILITIES

A. It is the responsibility of each officer involved in the shooting or custodial death incident to present all factual information necessary to conduct a thorough investigation.
Each officer involved in the incident should briefly inform the supervisor of the circumstances surrounding the event.

B. All officers who witness an officer involved shooting or custodial death incident are required to submit a written report describing the event.

C. Every officer, regardless of rank, who is assigned to an officer involved shooting or custodial death incident prepares a written report documenting the reason for responding and the actions performed and submits it to a Shooting Team Supervisor prior to the end of their tour of duty.

D. The officer designated to handle the overall reporting responsibilities, upon completion of the offense report, submits it to the Shooting Team Commander for review.

E. A preliminary report of the occurrence is forwarded by the Shooting Team Commander to the following:

  1. Chief of Police;
  2. Operations Support Bureau Commander;
  3. Investigations Division Commander;
  4. Homicide Section Commander;
  5. Bureau and Division Commander of officer(s) involved;
  6. Internal Affairs Unit;
  7. Police Media Services Office.

F. After the investigation is finished, a complete report of the incident is forwarded by the Shooting Team Commander to the following:

  1. The District Attorney’s Office;
  2. The Internal Affairs Unit;
  3. The Training Academy.
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.07 OFFICER INVOLVED SHOOTING (OIS)REVIEW COMMITTEE

A. The OIS Review Committee will be responsible for the following objectives:

  1. A review of the case file for policy and procedural deficiencies;
  2. A review of the incident for training and tactical aberrations;

B. All recommendations will be forwarded to the Office of the Chief for review.

C. All recommendations are advisory in nature and not binding on the Chief of Police. As such, the Chief of Police may elect to initiate action or discard any/all recommendations.

.08 POST EVENT PROCEDURES

A. Each officer involved in a shooting shall be placed on administrative duty or administrative leave in accordance with GM Procedure 908, Mandatory Reassignment.

B. An injured officer, if or when able to return, is placed on limited duty until SAPD Form #172, Physician Authorization for Injury Status, is completed, and authorizes the member’s return to regular duty.

C. All officer involved shootings and custodial death incidents are reviewed by the Internal Affairs Unit for evidence of non-criminal misconduct and forwarded to the Chief’s Advisory Action Board for an administrative review.

D. A city issued weapon used in an officer involved shooting is re-issued to the officer after the case is cleared by the District Attorney’s Office.

  1. The Homicide Unit notifies the Armory and Supply Office to retrieve the weapon from the Property Room; and
  2. The Armory and Supply Office re-issues the weapon to the officer.
555
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 706 – Assaults on Peace Officers

.01 INTRODUCTION

The purpose of this procedure is to establish a process for officers to follow when handling Assaults/Aggravated Assaults on peace officers.
This procedure assists the officer in gathering evidence necessary for the successful prosecution of the suspect(s).

.02 PROCEDURE

A. When an officer has established an assault on a peace officer has occurred and the actor(s) are going to be arrested or filed on for Aggravated Assault on a Peace Officer, the following guidelines are followed.

B. An attempt should be made to contact a follow-up Homicide or Night CID Unit Investigator when available.
If available, the investigator may request all witnesses, suspects, and complainant(s) be transported to Headquarters for statements and photos. Should follow-up investigators not be available, copies of all reports are routed to the Homicide Unit.

C. Officers’ injuries are photographed as soon as possible. Should an officer be transported to a hospital for medical treatment and a photograph cannot be taken, the officer is advised to contact the Homicide Unit to make arrangements for photographs.

D. Officers, who are complainants, do not write their own offense report.
Another officer is assigned the reporting responsibilities.
Officers who are complainants write supplementary reports on an incident report form.

E. Other officers who are witnesses, or who were involved in any part of the incident, write a supplementary report.

F. The offense report documents the following information:

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Names of complainants, witnesses, and suspects;
Details of the incident;
Injuries sustained to the complainant or suspect;
Medical treatment received by complainant or suspect;
and Photographs of the complainant’s or suspect’s injuries.

G. In the event the officer receives medical treatment, the officer signs SAPD Form #69, Medical Release, for the District Attorney’s Office.

H. A uniformed supervisory officer is dispatched on all assaults on a peace officer where an arrest is made.
The medical release can be signed at the Night CID Unit or the Homicide Unit office.

  1. The supervisor writes the proper injured officer reports and initiates the Workers’ Compensation documentation in accordance with GM Procedure 916, Worker’s Compensation.
  2. A copy of the Workers’ Compensation documentation is forwarded to Homicide Unit to be included with the case for filing in the District Attorney’s Office.
556
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 707 – Crash Investigation

.01 INTRODUCTION

This procedure establishes guidelines for handling, investigating and reporting motor vehicle crashes.

.02 POLICY

Officers respond to, provide for the documentation of, and report motor vehicle crashes occurring on property within the corporate limits of the City of San Antonio.
When addressing crashes, officers will adhere to the guidelines established in this procedure.

.03 DISCUSSION

A. Officers address most motor vehicle crashes by completing the Web Based TxDOT Form #CR-3, Texas Peace Officer’s Crash Report.
This procedure also establishes a process for documenting crashes where there are no injuries, no complaint of injuries and no exigent circumstances necessitating a police investigation.
Drivers involved in these types of crashes will be asked to complete SAPD Form #12-DAR, Crash Information Sheet, to exchange required information.

B. Crash Documentation/Investigation serves three (3) main purposes:

  1. To gather evidence to support prosecution of criminal violations;
  2. To properly obtain and document facts so those individuals involved can properly exercise their rights under civil law;
  3. To provide statistical information necessary for the development of crash prevention programs.
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.04 RESPONDING TO CRASHES

A. Responsibilities of first officer arriving at a crash scene:

  1. Park the police vehicle, utilizing emergency lights and flashers, in a manner that best provides warning of the crash to approaching vehicles, to protect persons from injury, and to provide other emergency vehicles access to the scene.
  2. Request EMS for persons requiring medical treatment.
    Request fire department units if persons need to be extracted from vehicles or if fuel is leaking from vehicles.
  3. Take steps necessary to protect the scene to ensure proper collection of evidence and to gather information or facts needed to accurately investigate if necessary and report the crash.
  4. Take necessary actions to allow for the safe flow of traffic around the crash scene and rapid restoration of traffic flow on the roadway.
    This includes the use of flares, moving vehicles from the roadway at the earliest opportunity allowable by the investigation, requesting additional officers for traffic or crowd control, wreckers, sand trucks, public works, and fire units.
  5. Identify all drivers or pedestrians involved in the crash and check for valid driver’s license and proof of insurance. This includes checking each person for active warrants and taking appropriate action if warrants are found.
  6. Determine if the crash requires a police investigation or if it meets the criteria for the drivers to complete SAPD Form #12-DAR and exchange required information:

a. The following types of crashes occurring on any street, highway or private property require a police investigation and the responding officer shall report the crash on the Web based TxDOT Crash Reporting and Analysis for Safer Highways, CRASH, Form #CR-3:
(1) Crashes resulting in any injury, complaint of any injury, or death to any person;
(2) Crashes resulting in damage to any vehicle to the extent the vehicle cannot be “normally and safely” driven from the scene.
(Does not require towing and the vehicle can be operated under its own power and in its usual manner, without additional damage or hazard to the vehicle, other traffic, or the roadway.);
(3) Crashes involving Federal, State, or City property and/or vehicles;
(4) Crashes involving hazardous materials;
(5) Crashes involving commercial vehicles;
(6) Hit and run crashes;
(7) Crashes where any driver is arrested or cited for any criminal or traffic offense, or found to have active warrants of any kind;
(8) Crashes with any suspicion that alcohol or any drug may have been involved.

b. The following types of crashes occurring on any street, highway or private property do not require a police investigation.
In these situations, the responding officer will provide the drivers with SAPD Form #12- DAR (see GM 707.C for further guidance):

(1) Crashes with no injuries, complaints of injury, or deaths;    (2) Crashes where vehicles can be “normally and safely” driven from the scene;    (3) Crashes where drivers have valid driver’s licenses and proof of insurance for the vehicles;    (4) Crashes with no other exigent or unusual circumstances which would require a police investigation (if there is any question, the responding officer shall report the crash on the Web based TxDOT CRASH Form #CR-3.
  1. Request a member from the Homicide Unit’s Traffic Investigation Detail (TID) or a member from the Night Detectives Unit and a Crime Scene Unit Investigator to respond to the scene if a crash involves a death, the probability of a death, or any serious bodily injury where intoxicants or other criminal elements may have contributed to the crash.
    (i. e., Racing, Aggravated Assault, Failure to Stop and Render Aid – FSRA), or crashes involving Wrong Way Drivers on Highways regardless of the severity of injuries).

a. If the crash results in a death or the probability of a death, the first officer arriving on the scene and/or the officer handling the crash will request a supervisor to make the scene of the crash.
b. On the Investigator Panel in the TxDOT Web Based CR-3 ensure that “Traffic Investigations” is selected in the District/Area box.
This will forward the crash report to Traffic Investigations Detail Detectives for final approval.

  1. The officer assigned by the dispatcher to handle a crash has report responsibility and is in charge of the crash scene.
    Upon arrival of a supervisory officer, the supervisor is in charge of the crash scene.
  2. Officers gather and record sufficient information, facts, or evidence to be able to determine if traffic or criminal violations have occurred and to be able to answer any reasonable questions concerning the crash.
  3. An officer will remain at the scene of any crash until the vehicles can be towed from the location or safely moved off the roadway.
557
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 707 – Crash Investigation
.04 RESPONDING TO CRASHES

B. Officers handling crashes which are required to be handled on the Web based TxDOT Form #CR-3 as outlined in Section .04A of this procedure will:
1. Locate and identify all drivers, passengers, and witnesses.
Interview each separately to determine their involvement in or knowledge of the crash.
2. Distribute SAPD Form #12-DAR, Crash Information Sheet, to each driver with instructions to complete the form by exchanging the required information and witness identification with other drivers involved.
3. Verify valid driver’s license, current liability insurance, and check for active warrants on all drivers involved.
4. Process non-drivable vehicles in accordance with GM Procedure 607, Impounding Vehicles.
5. Collect any property belonging to drivers and/or passengers who are injured and not able to take custody of their own property.
Place the property in the Property Room in accordance with GM Procedure 606, Impounding Property.
6. Authorize the use of special equipment needed in the case of emergency or disaster (i.e., use of inflatable air bags by the contract wrecker).
7. Clear the street of all debris, if no contract wrecker is called to the scene.
Request assistance from Public Works if needed.
8. At large truck crash scenes, if time and conditions permit, authorize the owner of the vehicle to provide the necessary equipment and personnel to clear any spilled cargo or materials from the scene, provided such personnel and equipment are employed and owned in the regular course of the owner’s business and are not hired for the special purpose of clearing the crash scene.
9. On all crashes involving a death or the probability of a death, submit all reports to the handling Traffic Investigation Detail Detective or supervisor in the Homicide Unit for review and approval.

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C. Officers handling crashes which are not required to be investigated and reported on the Web based TxDOT Form #CR-3 as outlined in Section .04(A) of this procedure will:
1. Distribute SAPD Form #12-DAR, to each driver with instructions to complete the form by exchanging the required information.
The officer shall assist the drivers with obtaining this information, if requested.
The officer shall also verify the information on each SAPD Form #12-DAR prior to leaving the scene.

  1. Officers shall advise the reporting parties that a CFS report instead of a crash report will be prepared, and document the crash using an N-Code 21 in accordance with GM Procedure 402 (Section .02 D .25), Differential Police Response.

D. Supervisor Responsibilities:
1. Make the scene of all crashes involving a death or the probability of a death and ensure all investigative procedures are thoroughly followed.

.05 CRASH REPORT FORMS

A. The guide used in completing the Web based TxDOT Form #CR-3 is the CR-100 booklet titled INSTRUCTIONS to POLICE for REPORTING CRASHES.
(The CR-100 booklet is available on the SAPDWEB and at the TxDOT CRASH website.)
In addition to the information required by the CR-100 booklet, a written explanation for any contributing factors listed is to be included in the Investigator’s Narrative Section of the Texas Peace Officer’s Crash Report.

B. Crashes occurring on any street, highway or private property which require a police investigation are thoroughly investigated and reported using Web based TxDOT CRASH Form #CR-3.
1. The electronic submission of the Web based TxDOT CR-3 is considered the original report.
C. Witness information should not be listed in the details of the Crash Report.
Any witness information will be added to the CFS report and the confidential button should be checked.

D. Effective September 1, 2017, per the 85th Texas Legislature Senate Bill 312, the Driver’s Crash Reports (Form #CR- 2) (Blue Form) are no longer retained by the Texas Department of Transportation.

Officers are no longer required to provide the drivers with TxDOT Form #CR-2.

558
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 707 – Crash Investigation

.06 HIT-AND-RUN CRASH INVESTIGATIONS
A. Hit-and-Run Crashes -
Personal Injury or Death

  1. In addition to the Web based Texas Peace Officer’s Crash Report, an AFR report for Failure to Stop and Render Aid is completed.
  2. A member from the Traffic Investigation Detail or a member from the Night CID Unit and Crime Scene Unit Investigator are requested to make the scene of the crash if hospitalization, serious bodily injury or death occurred.
  3. Any charges to be filed against the hit-and-run driver, if located, will be determined by the Traffic Investigation Detail or the Night CID Unit.
  4. The complainant or a relative is advised to contact the Traffic Investigation Detail for inquiries relating to the follow-up investigation.

B. Hit-and-Run Crashes - Property Damage Only ($200.00 or more):

  1. In addition to the Web based Texas Peace Officer’s Crash Report, an AFR report for Failure to Stop and Give Info is completed and submitted to Records.
  2. The actor, if located, is identified or arrested;
  3. The complainant is advised to contact the Traffic Investigation Detail to provide a damage repair estimate and give a written statement for the purpose of filing criminal charges.

C. Hit-and-Run Crashes - Property Damage Only
(Less than $200.00):
1. The Web based Texas Peace Officer’s Crash Report is completed.
2. The actor, if located, is identified; and
3. The complainant is advised to contact Municipal Court to file charges and to provide a damage repair estimate.
a. When the complainant obtains a damage repair estimate and the estimate is two hundred ($200.00) or more, he should be advised to contact the Traffic Investigation Detail instead of Municipal Court.

D. Additional Responsibilities at Hit-and-Run Crash Scenes:

  1. A description of the vehicle and driver, the direction of travel, and time lapse are obtained and broadcast as soon as possible;
  2. When leaving the scene, officer(s) patrol the area in an attempt to locate the hit-and-run vehicle;
  3. Impound hit-and-run vehicles found abandoned in a public place or on private property as evidence in accordance with GM Procedure 607, Impounding Vehicles.

Notify Traffic Investigations before placing a hold on any vehicle impounded under this procedure.

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.07 DEATH/INJURY NOTIFICATION & FOLLOW-UP AT HOSPITALS

A. In traffic crashes resulting in fatalities, the legal next of kin notification will be made in accordance with GM Procedure 704, Apparent Sudden Deaths.
In cases resulting in serious injury/illness, hospital personnel will make notification to next of kin.

B. When information or identification is needed from a victim taken to a hospital, the officer assigned the report responsibility shall:

  1. Contact hospital personnel for the identity of the victim;
  2. Request to speak with the victim if additional information is needed for the report; and
  3. Notify the military police prior to contacting the victim at a military hospital.

.08 CRASHES INVOLVING CITY VEHICLES
A. All City vehicle crashes will be investigated and reported on the Web based TxDOT CRASH, #CR-3 form.
1. City vehicles do not include vehicles belonging to CPS Energy, San Antonio Water Systems (SAWS), San Antonio Housing Authority (SAHA), and VIA Metropolitan Transit.

B. City vehicle crashes require a UEDI/Crime Scene Unit Investigator to photograph the scene and complete SAPD Form #3-CSS, Crime Scene Search Report, with a copy routed to the Traffic Investigation Detail.

C. Police vehicles that are not drivable are towed to the Central Vehicle Repair Shop at 329 S. Frio St. for inspection of any mechanical defects which the driver claims may have contributed to the crash.

D. Fire Department vehicles are towed to their vehicle repair shop for inspection of mechanical defects which the driver claims may have contributed to the crash.

E. Drivers of vehicles involved in crashes with city vehicles are advised the City is self-insured.
If they wish to file a claim against the City, they must contact the City Clerk’s Office.

559
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 707 – Crash Investigation

.09 CRASHES INVOLVING POLICE VEHICLES

Police vehicle crashes will be investigated and reported on the Web based TxDOT CRASH, #CR-3 form.
Private property crashes involving police vehicles with no injuries where only the city vehicle is damaged and no other private vehicle or property are damaged can be documented on an AFR report:

Damage to Property.

All members involved in a police vehicle crash
(on or off-duty)
will be required to consent to post drug/alcohol testing if the crash results in:
A fatality,
injury requiring medical treatment by a physician or hospitalization,
significant property damage (as determined by the members supervisor), or
vehicle damage with a severity rating of three (3) or more,

in accordance with the Collective Bargaining Agreement (CBA) Article 35 Section 2.C.

  1. All members (on or off-duty) involved in a police vehicle crash must notify a supervisor of the crash and remain at the scene of the crash until the supervisor arrives or provides other instructions.
  2. Supervisors will assess vehicle damage by referring to the Texas Department of Transportation Vehicle Damage Guide for Traffic Crash Investigators.
  3. Supervisors developing probable cause for DWI will proceed in accordance with GM Procedure 507, DWI Arrests.
    a. The handling of any incident along criminal investigation guidelines does not exempt a member from mandatory compliance with the administrative post-accident mandates, in accordance with COSA Directive 4.79A.
    b. Test results stemming from compliance with administrative mandates will not be used for criminal investigations.
    Test results will be provided only to the Office of the Chief.
    c. DWI Test results will be annotated on the Web based TxDOT Form #CR-3.
  4. Acting pursuant to administrative guidelines, supervisors will contact A and D Testing, at 210-977-9595 (24 hours).
    If after business hours, provide answering service with a call-back number, call-back name, and specify “San Antonio Police Department.”
    Supervisors will arrange for testing to be conducted by the testing agency, typically this will be accomplished at the member’s duty station.

Note:
The Department of Public Safety (DPS) has informed that administrative testing requirements will not be annotated on the TxDOT Form #CR-3, due to them being non-investigatory in nature.

  1. Members will be placed on administrative duty for the remainder of their tour of duty/workday.
  2. Results of the tests are only released to the Office of the Chief.
    Any positive test result for a controlled substance, illegal drug, or any alcohol concentration will result in a formal investigation by Internal Affairs.
  3. Declining a test results in the same consequences as a positive drug test result.

Supervisors are assigned to investigate police vehicle crashes and will complete the, Web based Texas Peace Officer’s Crash Report, CR-3 in the TxDOT Web based CRASH system.
This report responsibility will not be delegated to a non-supervisory officer.
The diagram will be completed only on the Web based TxDOT CRASH Form CR-3, Crash Report.

  1. Police vehicle crashes require a UEDI/Crime Scene Unit Investigator to photograph the scene and complete SAPD Form #3-CSS, Crime Scene Search Report, with a copy to the Traffic Investigation Detail.
  2. The processing of other reports or charges filed in conjunction with a police vehicle crash (i.e., D.W.I., active warrants, traffic violations, etc.) may be delegated to non-supervisory officers.
  3. If members of the Department are injured in the crash, supervisors will also complete forms in accordance with GM Procedure 916, Worker’s Compensation.
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Supervisors investigating police vehicle crashes shall forward all original reports, including the Texas Peace Officer’s Crash Report (or AFR report), to the Traffic Investigation Detail.

When the crash report is written on the CRASH system:
1. The electronic submission of the TxDOT CR-3 to Traffic Investigation Detail is considered the original report;
2. On the Investigator Panel in the TxDOT Web Based CR-3 the supervisor will ensure that “Traffic Investigations” is selected in the District/Area box. This will forward the crash report to Traffic Investigations Detail Detectives for final approval.
SAPD Form #CR-E1, Police Vehicle Crash Evaluation Report:
1. Supervisors are required to complete SAPD Form #CR-E1 and forward through the chain of command for recommendations;
2. Attach a draft copy of the TxDOT CR-3, a copy of the SAPD Form #602-6, Vehicle Crash Report, and any pertinent AVL, Message Log transcripts, or other documentation.

A member of the Traffic Investigation Detail will be requested to respond to the scene if the crash resulted in serious bodily injury or death to anyone.
The driver of a police vehicle involved in the crash will complete SAPD Form #602-6, Vehicle Crash Report or Loss Notice.

Police vehicles (except motorcycles) involved in crashes are removed directly from the crash scene to the Central Vehicle Repair Shop at 329 S. Frio St., regardless of the amount of damage:
1.   The police vehicle may be driven or towed by wrecker, depending on the condition of the police vehicle.
  1. If the driver of the police vehicle claims possible mechanical defects may have contributed to the crash, the police vehicle will be towed by wrecker to the Central Vehicle Repair Shop for inspection.
  2. Police motorcycles are towed to the company having the motorcycle lease agreement with the City.
  3. The sergeant will ensure any portable equipment is removed from inoperable police vehicles, including motorcycles, prior to the vehicles being placed in the repair shop.
    A work order will be filled out on the wrecked police vehicle listing the reason for placing the police vehicle in the repair shop, the case number of the crash, and the area of damage.
    Fleet Services Office personnel will have a damage appraisal performed on the police vehicle and forward a copy of the damage appraisal to the Traffic Investigation Detail.
    When repairs are completed on the police vehicle, the Fleet Services Office will place the repaired police vehicle back into service.
560
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 707 – Crash Investigation

.10 DAMAGE CAUSED BY POLICE VEHICLE PUSH BUMPERS

A. Damage caused by police vehicle push bumpers is not documented on a crash report.
The damage is documented on an AFR Information report as Damage to Property.

B. Sergeants are assigned to investigate the damage to property incident and will complete the AFR Information Report.
Copies of the incident report are routed to the Traffic Investigation Detail and the Risk Management Office.

C. Damage to property incidents involving police vehicle push bumpers requires a UEDI/Crime Scene Unit Investigator to photograph the damage and complete SAPD Form #3-CSS, Crime Scene Search Report, with a copy routed to the Traffic Investigation Detail.

D. The driver of the police vehicle involved in the damage to property incident will complete SAPD Form #602-6, Vehicle Crash Report or Loss Notice.

.11 CITATIONS AND ARRESTS

Traffic citations issued or custodial arrests made during the investigation of traffic crashes are governed by applicable arrest procedures.

A

.12 HAZARDOUS MATERIALS
A. Officers encountering a motor vehicle crash involving a vehicle transporting hazardous materials shall:
1. Secure an area around the scene to prevent injury to anyone.
2. Request a supervisor from the Fire Department to respond to the scene.
3. Try to identify the hazardous materials by referring to the Department of Transportation Emergency Response Guidebook.
B. The Fire Department, upon arrival, assumes incident command.
C. A police supervisor is assigned and provides any assistance requested by the Fire Department and refers to GM Procedure 802, Unusual Occurrences and Critical Incidents, for guidance.

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GENERAL MANUAL
Procedure 711 – Hate Crimes

.01 INTRODUCTION
This procedure establishes a process that guides officers in identifying and investigating hate crimes and ensuring the
accurate reporting of hate crimes to the UCR program.
.02 POLICY
A. It is the policy of the San Antonio Police Department to ensure the rights guaranteed by state law and the U. S. Constitution is protected for all persons, regardless of race, religion, ethnicity/national origin, gender expression, gender identity, or sexual orientation.

B. Officer’s authority for identifying and reporting hate crimes can be found in the Penal Code, Article 12.47 and the Code of Criminal Procedure, Article 42.014.

.04 IDENTIFYING HATE CRIMES

A. Officers assigned to calls involving criminal offenses shall determine if bias motivated the crime.

B. Some of the major criminal offenses which may be motivated by bias or hate include, but are not limited to the following offenses:

  1. Murder;
  2. Kidnapping;
  3. Sexual Assault;
  4. Robbery;
  5. Graffiti
  6. Arson;
  7. Assault;
  8. Criminal Mischief

C. In determining if bias was a motivating factor in a criminal offense, officers shall use the following criteria to identify hate crimes:

  1. Motive; or lack of an apparent motive;
  2. Display of any offensive symbols, words, or acts;
  3. Prior history of similar offenses in the same area or against the same victim group;
  4. Victim(s) and offenders(s) are members of different racial, religious, ethnic or national groups and have a history of antagonism and that antagonism appears to be based for the offender(s) actions against the victims(s);
  5. Statements made by suspects, victims, or witnesses;
  6. Date and time of occurrence corresponding to a particular holiday or other significant event;
  7. A common sense review by the officer of all circumstances and elements involved in the offense.
  8. Victim is a member of a group which is often a target of bias.

They include but are not limited to:
a. Blacks;

b. Jews;
c. Members of the Lesbian, Gay, Bisexual, Transgender and Queer/Questioning (LGBTQ) Community; Or any Socialist/Leftist organization
d. Muslims;
e. Asian Americans.
9. Identifiable bias related objects were used by the perpetrator (i.e., KKK hoods, etc.)

  1. Victim has received bias related threats or harassment prior to the crime’s occurrence;
  2. Perpetrator has a history of bias related offenses;
  3. Perpetrator has made oral or written statements against the victim(s) or victim’s group that express bias.
A

.05 INITIAL REPORTING OF HATE CRIMES

A. Officers assigned to calls involving criminal offenses which have been identified as hate crimes by the criteria listed in Section .04 shall report the offense as a hate crime by checking the box titled “Suspected Hate Crime” on SAPD Form #2-2, Offense/Incident Report.

B. All elements of the offense or criteria used by the officer to identify the offense as a hate crime will be listed in the “Details” section of the offense report.

C. Officers receiving any information on any criminal offense identified as a hate crime shall report the information to the applicable follow-up investigative unit on SAPD Form #2-2, Offense/Incident Report.
The information shall be titled “Information on Hate Crime” on the incident report.

.06 INVESTIGATING HATE CRIMES

A. The preliminary investigation of criminal offenses involving bias or hate is conducted by the officer with primary report responsibility.

B. The follow-up investigation of criminal offenses involving bias or hate is conducted by the follow-up unit with initial case responsibility.

  1. This follow-up unit shall make the final determination as to the crime being a hate crime;
    and
  2. Shall forward a copy of the offense or incident report to the Southwest Texas Fusion Center (SWTFC) for tracking purposes.

.07 STATISTICAL REPORTING OF HATE-CRIMES

A. The follow-up investigative unit has responsibility for reporting all hate crimes in the UCR statistics provided to the Records Office.

B. The Records Office has responsibility for forwarding UCR statistics on hate crimes to the Department of Public Safety.

.08 VICTIMS ASSISTANCE

A. Officers assigned to calls involving hate crimes or where a hate crime is suspected shall notify the victim of the availability of assistance from the Victims Advocacy Office.

B. Officer shall forward a copy of all reports involving hate crimes to the Crisis Response Team at the appropriate Service Area substation for crisis intervention and/or social services follow-up.

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San Antonio Police Department
GENERAL MANUAL
Procedure 713 – Human Trafficking

.01 INTRODUCTION

This procedure establishes guidelines for identifying possible victims of Human Trafficking, for managing a potential crime scene, and reporting the situation to the appropriate follow up unit.

.03 HUMAN TRAFFICKING AWARENESS

A. Most human trafficking cases do not start off as an investigation into Texas Penal Code Sec. 20A.02., Trafficking of Persons.
They start off as an investigation into some other reported offense; such as a suspicious person call or some type of disturbance.
Some investigations start off when the victim is apprehended for a separate offense, such as prostitution or shoplifting.
This may also be the case when the victim is identified as a witness to a crime and the victim makes a statement or outcry that leads the officer to believe the person may be a victim of human trafficking.

B. The victim in a Human Trafficking case may not identify him or herself as a victim.
Some reasons for this include:
1. The victim’s belief that the government, especially the police, will arrest and/or deport them if they come forward;
2. Some victims, even those beaten and sexually abused, believe their current situation is better than the one they left behind in their previous homes or countries of origin;
3. Victims may believe that it is their fault they are in their present situation because they initially agreed to come to this country illegally;
4. Cultural differences and differences in the law of their countries of origin may also lead to them not making an outcry; and
5. The victim fears that the trafficker will punish him/her or their families.
Many victims have children who are in the control of the trafficker and other family in their countries of origin who remain within reach of the trafficker or the trafficker’s organization.

C. Other reasons and more information regarding the dynamics of human trafficking can be found in Training Bulletin #12-01.

A

.04 INDICATORS OF DOMESTIC MINOR SEX TRAFFICKING (DMST) AND HUMAN TRAFFICKING

A. While speaking to persons, members should remain alert to notice when something is not right or out of the ordinary. Suspicions might be aroused by the following:
1. The victim appears to be under the control of another person. Signs may include:
a. Another person will answer for the victims when an officer asks a question or the victim’s responses appear to be coached.
b. The victim has physical injuries and no explanations or unlikely ones are given for those injuries.
c. The victims appear afraid, depressed, or unconcerned with what is occurring.
d. The victim does not have freedom of movement or may be monitored when away from the trafficker.
They are not allowed to socialize with others.
e. The victims may appear to have been deprived of food or medical care and may appear malnourished or ill.
f. The juvenile victim may refer to a much older person as her “boyfriend” or give a familial relationship to a person not legally related to her (“daddy,” “uncle,” etc.).
2. The victim may be dependant on drugs which the trafficker uses as a means of keeping victims under control.
3. The victim may have no identification or passport in his/her possession and give implausible explanations of what happened to their identification.
This trafficker is likely to be in possession of these documents.
4. If the person is a juvenile engaged in a commercial sex act or is being compelled into prostitution, they shall be evaluated as a potential victim of human trafficking.

B. The location an officer responds to may indicate that it’s being used for human trafficking. Indications include:

  1. Use of guards or watchmen;
  2. Fencing designed to keep people inside rather than keeping them out;
  3. Any locks on the door which is designed to lock people in and not to lock people out;
  4. Sleeping arrangements such as bunk beds or single “rooms,” possibly with curtains or doors for privacy;
  5. Large amounts of paper towels, toilet paper, or other cleaning items near the beds; and
  6. Large quantity of condoms readily available by the beds.

C. Some questions that may be asked of a suspected human trafficking victim to confirm that an investigation is needed include:

  1. Do you know what city you are in right now?
  2. Are you doing the job that you were promised you would be doing?
  3. Are you free to come and go as you want?
  4. Are you ever hit or punished by your boss or others who live or work with you?
  5. Has anyone threatened to hurt you or your family if you did not work here or do what they say?
  6. Has anyone taken pictures of you and posted them on the internet?

D. Other indications and questions can be found in Training Bulletin #12-01

563
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San Antonio Police Department
GENERAL MANUAL
Procedure 713 – Human Trafficking

.05 OFFICER SAFETY
A. Officers should be alert to the indicators of Human Trafficking while responding to any call.
Attention should be given to:
1. Watchmen or security guards, including riflemen, stationed in windows or on nearby rooftops; and
2. Barbwire fences where the barb is angled to keep people inside the property.

B. If members have reason to believe that they may have encountered a human trafficking case, they shall immediately summon sufficient law enforcement personnel:

  1. To protect all officers present;
  2. To protect any victims present;
  3. To detain any suspects; and
  4. To protect any crime scenes.

C. Since many Human Traffickers are affiliated with criminal organizations, they often have contacts in other countries and the means to flee the United States quickly.
Therefore, expedient identification and apprehension of actors is critical.

D. Human traffickers may be armed and feel that they have nothing to lose by harming or killing a law enforcement officer who attempts to arrest them, and/or believe they will not be caught because they can exit the country undetected.

.06 Patrol / UEDI Responsibilities in a Suspected Human Trafficking Case

A. Once the member suspects he has encountered a human trafficking case, the member will:

  1. Ensure that Procedure 701 (Crime Scene Duties) is followed;
  2. Ensure Procedures 602 (Juveniles) and 610 (Missing Persons) are followed regarding juveniles, including checking the juvenile status as missing or run away;
  3. Ensure that the appropriate follow up unit (Sex Crimes Unit during their normal duty hours or Night CID during their normal duty hours) is immediately notified; and
  4. If a sexual assault is alleged, ensure that Procedure 703, Handling of Sexual Assault Complaints, is followed.

B. Members must remain aware that the suspects in human trafficking will do whatever it takes to convince the officer that nothing is going on and to get the officer to leave as soon as possible.
Members will seek the guidance of a supervisor or follow-up unit Detective when evaluating a possible case of human trafficking.

C. When members receive information of a possible human trafficking case from a third party, members will immediately notify the appropriate follow-up unit to relay the information and for further guidance.

A

.07 Crime Scene Unit Investigators Responsibilities in a Suspected Human Trafficking Case

A. Process the crime scene and collect evidence pursuant to Procedure 701, Crime Scene Duties;

B. Maintain contact with follow up unit investigators to ensure that all available evidence is collected; and

C. Complete the appropriate reports pursuant to the unit’s standard operating procedures.

.08 Follow Up Unit Responsibilities in a Suspected Human Trafficking Case

A. Respond to the Crime Scene when requested, pursuant to Procedure 701, Crime Scene Duties;

B. Investigate the alleged offense pursuant to the unit’s standard operating procedures; and

C. Notify outside and/or federal agencies when necessary.

.09 Supervisory Officer’s Responsibilities in a Suspected Human Trafficking Case

A. Ensure that the applicable procedures are followed;

B. Respond to requests for guidance and direction from subordinates in suspected cases; and

C. Ensure the proper follow-up unit has been notified.

.10 Patrol / UEDI Responsibilities in a Suspected Human Smuggling Case

A. Once the member suspects he has encountered a human smuggling case, the member will:

  1. Ensure Procedure 701, Crime Scene Duties, is followed.
  2. Ensure that the appropriate follow-up unit (the Sex Crimes Unit during their normal duty hours or Night CID) is immediately notified; and
  3. Ensure Procedures 602 Juveniles and 610 Missing Persons are followed regarding juveniles including checking the juvenile status as missing or run away.

B. Human Smuggling cases usually require the response of a federal law enforcement agency.
Members will cooperate with these federal agencies as appropriate and within the bounds of the department’s rules and regulations, policies and procedures.
Members will seek the guidance of a supervisor if questions arise.

.11 Crime Scene Unit Investigators Responsibilities in a Suspected Human Smuggling Case

A. Process the crime scene and collect evidence pursuant to Procedure 701, Crime Scene Duties;

B. Maintain contact with follow up unit investigators to ensure that all available evidence is collected; and

C. Complete the appropriate reports pursuant to applicable procedures.

.12 Follow-Up Unit Responsibilities in a Suspected Human Smuggling Case

A. Respond to the crime scene when requested, pursuant to Procedure 701, Crime Scene Duties;

B. Investigate the alleged offense pursuant to the unit’s standard operating procedures.

C. Notify and coordinate with federal authorities and provide assistance as necessary and within the bounds of the department’s rules, regulations, policies and procedures.
Members will seek the guidance of a supervisor if questions arise.

.13 Supervisory Officer’s Responsibilities in a Suspected Human Smuggling Case

A. Ensure that the applicable procedures are followed.

B. Respond to requests for guidance and direction from subordinates in suspected cases.

564
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San Antonio Police Department
GENERAL MANUAL
Procedure 801 – Incident Command System

.01 THE INCIDENT COMMAND SYSTEM (ICS)
A. ICS is a standardized, on-scene, all-hazard incident management concept. ICS allows its users to adopt an integrated organizational structure to match the complexities and demands of single or multiple incidents without being hindered by jurisdictional boundaries.

B. ICS has considerable internal flexibility.
It can grow or shrink to meet different needs.
This flexibility makes it a very cost effective and efficient management approach for both small and large situations.

C. As a team effort, the ICS element of Unified Command allows all agencies with jurisdictional authority or functional responsibility for the incident to jointly provide management direction through a common set of incident objectives and strategies and a single incident Action Plan (IAP), where each participating agency maintains individual authority, responsibility, and accountability for their resources.

D. Area Command is an ICS element used when there is a number of incidents generally in the same area and often of the same kind.
Examples of incidents that may be handled under Area Command protocol include two or more hazardous material spills, multiple fires, Fiesta events, and Final Four basketball festivities and games.
The use of Area Command is determined by complexity and availability of resources.

.02 THE INCIDENT COMMANDER
A. Incident Commander’s Overall Role:
1. The Incident Commander has overall responsibility for managing the incident by objectives, planning strategies, and implementing tactics. The Incident Commander must be fully briefed and should have a written delegation of authority. Initially, assigning tactical resources and overseeing operations will be under the direct supervision of the Incident Commander.
2. Personnel assigned by the Incident Commander have the authority of their assigned positions, regardless of the rank they hold within their respective agencies.

B. Incident Commander Responsibilities:

  1. In addition to having overall responsibility for managing the entire incident, the Incident Commander is specifically responsible for:
    a. Ensuring incident safety;
    b. Providing information services to internal and external stakeholders;
    c. Establishing and maintaining liaison with other agencies participating in the incident.
  2. The Incident Commander may appoint one or more Deputies, if applicable, from the same agency or from other agencies or jurisdictions.
    Deputy Incident Commanders must be as qualified as the Incident Commander.

C. Selecting and Changing Incident Commanders:
1. As incidents expand or contract, change in jurisdiction or discipline, or become more or less complex, command may change to meet the needs of the incident;
2. Rank, grade, and seniority are not the factors used to select the Incident Commander.
The Incident Commander is always a highly qualified individual trained to lead the incident response;
3. Formal transfer of command at an incident always requires a transfer of command briefing for the incoming Incident Commander and notification to all personnel that a change in command is taking place.

A

.03 COMMAND STAFF
Depending upon the size and type of incident or event, it may be necessary for the Incident Commander to designate personnel to provide information, safety, and liaison services for the entire organization. In ICS, these personnel make up the Command Staff and consist of the:
A. Public Information Officer, who serves as the conduit for information to internal and external stakeholders, including the media or other organizations seeking information directly from the incident or event;
B. Safety Officer, who monitors safety conditions and develops measures for assuring the safety of all assigned personnel;
C. Liaison Officer, who serves as the primary contact for supporting agencies assisting at an incident;
D. The Command Staff reports directly to the Incident Commander.
A. Expansion of the incident may also require the delegation of authority for the performance of the other management functions. The people who perform the other four management functions are designated as the General Staff. The General Staff is made up of four Sections: Operations, Planning, Logistics, and Finance/Administration.
B. The General Staff reports directly to the Incident Commander.

.05 UNIFIED COMMAND
A. Each designated agency incident commander functioning in a Unified Command must:
1. Act within his/her jurisdictional or agency limitations.
2. Inform the other Commanders of any legal, political, jurisdictional, or safety restrictions.
3. Be authorized to perform certain activities and actions on behalf of the jurisdiction or agency he/she represents.
4. Manage the incident to the best of his/her abilities.

B. In managing the incident to the best of their abilities, each Unified Commander must adhere to the following responsibilities:

  1. Work closely with the other Incident Commanders assigned to the Unified Command.
  2. Provide sufficiently qualified staff and resources.
  3. Anticipate and solve problems.
  4. Delegate authority as needed.
  5. Inspect and evaluate performance of their resources.
  6. Communicate with their agencies on priorities, plans, problems, and progress.
565
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San Antonio Police Department
GENERAL MANUAL
Procedure 801 – Incident Command System

.06 AREA COMMAND
A. Area Command provides command authority and coordination for two or more incidents in close proximity and is typically established at a multi-agency coordination center such as an Emergency Operations Center facility, Intelligence Center, or designated location other than an Incident Command Post.

B. In incidents such as major natural or manmade disasters, disease outbreaks, major events, etc. the use of Area command makes the job of Incident Commanders and agency officials easier for the following reasons:

  1. Incident commanders and their management teams can focus more clearly on their objectives, strategies, and tactics.
  2. Priorities between incidents are clearly set and ensure efficient resource use by avoiding competition for critical resources among the incidents.
  3. Agency policies, constraints, priorities, and guidance are made known to Incident Commanders and implemented consistently across incidents.
  4. The workload on agency officials engaged in managing incidents is reduced.
A

.07 ICS SECTION CHIEFS AND DEPUTIES

A. The person in charge of each ICS Section is designated as a Chief. Section Chiefs have the ability to expand their Section to meet the needs of the situation.
Each Section Chief may have a Deputy, or more than one, if necessary.
The Deputy:
1. May assume responsibility for a specific portion of the primary position, work as relief, or be assigned other tasks;
2. Should always be as proficient as the person for whom he or she works.

B. In large incidents, especially where multiple disciplines or jurisdictions are involved, the use of Deputies from other organizations can greatly increase interagency coordination.

566
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 801 – Incident Command System

.08 OPERATIONS SECTION
A. Until Operations is established as a separate Section, the Incident Commander has direct control of tactical resources.
The Incident Commander will determine the need for a separate Operations Section at an incident or event.
When the Incident Commander activates an Operations Section, he or she will assign an individual as the Operations Section Chief;

B. Operations Section Chief

The Operations Section Chief will develop and manage the Operations Section to accomplish the incident objectives set by the Incident Commander.
The Operations Section Chief is normally the person with the greatest technical and tactical expertise in dealing with the problem at hand;

C. Operations Section: Maintaining Span of Control

The Operations function is where tactical fieldwork is done.
Therefore, most incident resources are assigned to the Operations Section.
Often the most hazardous activities are carried out there.
Because of this, it is necessary to monitor carefully the number of resources that report to any one supervisor.
The following supervisory levels can be added to help manage span of control:

While there are any number of ways to organize field responses, Divisions, Groups and Branches may be used to organize resources and maintain span of control.

Divisions - used to divide an incident geographically;

Groups - used to describe functional areas of operation;

Branches - used when the number of Divisions or Groups exceeds the span of control and can be either geographical or functional.

D. Operations Section: Divisions

  1. Divisions are used to divide an incident geographically.
    The person in charge of each Division is designated as a Supervisor.
    How the area is divided is determined by the needs of the incident;
  2. The most common way to identify Divisions is by using alphabet characters (A, B, C, etc.).
    Other identifiers may be used as long as Division identifiers are known by assigned responders;
  3. The important thing to remember about ICS Divisions is that they are established to divide an incident into geographical areas of operation.

E. Operations Section: Groups
1. Groups are used to describe functional areas of operation. The person in charge of each Group is designated as a Supervisor;
2. The kind of Group to be established will also be determined by the needs of an incident. Groups are normally labeled according to the job that they are assigned (e.g., Human Services Group, Infrastructure Support Group, etc.).
Groups will work wherever their assigned task is needed and are not limited geographically.

F. Operations Section: Divisions and Groups

  1. Divisions and Groups can be used together on an incident. Divisions and Groups are at an equal level in the organization. One does not supervise the other.
  2. When a Group is working with a Division on a special assignment, Division and Group Supervisors must closely coordinate their activities.

G. Operations Section: Establishing Branches

  1. If the number of Divisions or Groups exceeds the span of control, it may be necessary to establish another level of organization within the Operations Section, called a Branch.
    The person in charge of each Branch is designated as a Director.
    Deputies may also be used at the Branch level. Branches can be comprised of Groups or Divisions—or can be a combination of both.
  2. While span of control is a common reason to establish Branches, additional considerations may also indicate the need to use these Branches, including:
    a. Multi-discipline Incidents.
    Some incidents have multiple disciplines involved (e.g., Firefighting, Health and Medical, Hazardous Materials, Public Works and Engineering, Energy, etc.) that may create the need to set up incident operations around a functional Branch structure;
    b. Multi-jurisdiction Incidents.
    In some incidents it may be better to organize the incident around jurisdictional lines.
    In these situations, Branches may be set up to reflect jurisdictional boundaries;
    c. Very Large Incidents. Very large incidents may be organized using geographic or functional Branches.

H. Operations Section: Expanding and Contracting
1. The Incident Commander or Operations Section Chief at an incident may work initially with only a few single resources or staff members;

  1. The Operations Section usually develops from the bottom up. The organization will expand to include needed levels of supervision as more and more resources are deployed;
  2. Task Forces are a combination of mixed resources with common communications operating under the direct supervision of a Leader.
    Task Forces can be versatile combinations of resources and their use is encouraged.
    The combining of resources into Task Forces allows for several resource elements to be managed under one individual’s supervision, thus lessening the span of control of the Supervisor;
  3. Strike Teams are a set number of resources of the same kind and type with common communications operating under the direct supervision of a Strike Team Leader.
    Strike Teams are highly effective management units.
    The foreknowledge that all elements have the same capability and the knowledge of how many will be applied allows for better planning, ordering, utilization and management;
  4. Single Resources may be individuals, a piece of equipment and its personnel complement, or a crew or team of individuals with an identified supervisor that can be used at an incident;
  5. Maintaining span of control can be done easily by grouping resources into Groups or Branches;
  6. Another way to add supervision levels is to create Branches within the Operations Section;
  7. At some point, the Operations Section and the rest of the ICS organization will contract.
    The decision to contract will be based on the achievement of tactical objectives.
    Demobilization planning begins upon activation of the first personnel and continues until the ICS organization ceases operation.
A

.09 PLANNING SECTION

The Incident Commander will determine if there is a need for a Planning Section and designate a Planning Section Chief.
If no Planning Section is established, the Incident Commander will perform all planning functions.
It is up to the Planning Section Chief to activate any needed additional staffing.
A. Planning Section: Major Activities
The major activities of the Planning Section may include:
1. Collecting, evaluating, and displaying incident intelligence and information;
2. Preparing and documenting Incident Action Plans;
3. Conducting long-range and/or contingency planning;
4. Developing plans for demobilization;
5. Maintaining incident documentation;
6. Tracking resources assigned to the incident.

B. Planning Section: Units

  1. The Planning Section can be further staffed with four Units.
    a. Resources Unit: Conducts all check-in activities and maintains the status of all incident resources. The Resources Unit plays a significant role in preparing the written Incident Action Plan;
    b. Situation Unit: Collects and analyzes information on the current situation, prepares situation displays and situation summaries, and develops maps and projections;
    c. Documentation Unit: Provides duplication services, including the written Incident Action Plan. Maintains and archives all incident-related documentation;
    d. Demobilization Unit: Assists in ensuring that resources are released from the incident in an orderly, safe, and cost-effective manner.
  2. Technical Specialists may also be assigned to work in the Planning Section.
    Depending on the needs,
    Technical Specialists may also be assigned to other Sections in the organization.
567
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 801 – Incident Command System

.10 LOGISTICSSECTION
The Incident Commander will determine if there is a need for a Logistics Section at the incident, and designate an individual to fill the position of the Logistics Section Chief. If no Logistics Section is established, the Incident Commander will perform all logistical functions. The size of the incident, complexity of support needs, and the incident length will be considered by the Incident Commander to determine whether a separate Logistics Section is established. Additional staffing is the responsibility of the Logistics Section Chief.
A. Logistics Section: Major Activities
The Logistics Section is responsible for all of the services and support needs, including:
1. Ordering, obtaining, maintaining, and accounting for essential personnel, equipment, and supplies;
2. Providing communication planning and resources;
3. Setting up food services;
4. Setting up and maintaining incident facilities;
5. Providing support transportation;
6. Providing medical services to incident personnel.

A

B. Logistics Section: Branches and Units

  1. The Logistics Section can be further staffed by two Branches and six Units.
  2. Not all of the Units may be required; they will be established based on need.
  3. The titles of the Units are descriptive of their responsibilities.

C. The Logistics Service Branch can be staffed to include a:
1. Communication Unit: Prepares and implements the Incident Communication Plan (ICS-205), distributes and maintains communications equipment, supervises the Incident Communications Center, and establishes adequate communications over the incident;

  1. Medical Unit: Develops the Medical Plan (ICS-206), provides first aid and light medical treatment for personnel assigned to the incident, and prepares procedures for a major medical emergency;
  2. Food Unit: Supplies the food and potable water for all incident facilities and personnel, and obtains the necessary equipment and supplies to operate food service facilities at Bases and Camps;

D. The Logistics Support Branch can be staffed to include a:

  1. Supply Unit: Determines the type and amount of supplies needed to support the incident.
    The Unit orders, receives, stores, and distributes supplies, and services nonexpendable equipment.
    All resource orders are placed through the Supply Unit.
    The Unit maintains inventory and accountability of supplies and equipment;
  2. Facilities Unit:
    Sets up and maintains required facilities to support the incident.
    Provides managers for the Incident Base and Camps.
    Also responsible for facility security and facility maintenance services: sanitation, lighting, cleanup;
  3. Ground Support Unit:
    Prepares the Transportation Plan.
    Arranges for, activates, and documents the fueling, maintenance, and repair of ground resources.
    Arranges for the transportation of personnel, supplies, food, and equipment.
568
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 801 – Incident Command System

.11 FINANCE/ADMINISTRATION SECTION

A. The Incident Commander will determine if there is a need for a Finance/Administration Section at the incident and designate an individual to fill the position of the Finance/Administration Section Chief;

B. If no Finance/Administration Section is established, the Incident Commander will perform all finance functions;

C. The Finance/Administration Section is set up for any incident that requires incident-specific financial management.
The Finance/Administration Section is responsible for:
1. Contract negotiation and monitoring;
2. Time-keeping;
3. Cost analysis;
4. Compensation for injury or damage to property.

D. Finance/Administration Section: Increasing Use

  1. Increasing larger incidents are using a Finance/Administration Section to monitor costs.
    Smaller incidents may also require certain Finance/Administration support;
  2. For example, the Finance/Administration Section Chief may establish one or more Units of the Finance/Administration Section for such things as procuring special equipment, contracting with a vendor, or making cost estimates for alternative response strategies.

E. Finance/Administration Section: Units
The Finance/Administration Section may staff four Units.
Not all Units may be required; they will be established based on need;
1. Procurement Unit: Responsible for administering all financial matters pertaining to vendor contracts, leases, and fiscal agreements;
2. Time Unit: Responsible for incident personnel time recording;
3. Cost Unit: Collects all cost data, performs cost effectiveness analyses, provides cost estimates, and makes cost savings recommendations;
4. Compensation/Claims Unit: Responsible for the overall management and direction of all administrative matters pertaining to compensation for injury and claims related activities kept for the incident.

.12 INTELLIGENCE /INVESTIGATIONS FUNCTIONS
A. When Intelligence/Investigations is required, the Incident Commander/Unified Command can place the I/I function in multiple locations within the incident command structure based on factors such as the nature of the incident, the level of I/I activity, and the relationship of I/I to other incident activities.

B. The Intelligence/Investigations function can be placed in the Planning Section, in the Operations Section, within the Command Staff, as a separate General Staff section, or in some combination of these locations.

C. Different from operational and situational intelligence gathered and reported by the Planning Section, Intelligence/Investigations gathered within this function is information that either leads to the detection, prevention, apprehension, and prosecution of criminal activities or the individuals involved, including terrorist incidents or information leading to the determination of the cause of a given incident, such as public health events or fires of unknown origins.

D. The mission of Intelligence/Investigations is to ensure all investigative and intelligence operations, functions, and activities within the incident response are properly managed, coordinated, and directed in order to:

a. Prevent/deter additional activity, incidents, and/or attacks.
b. Collect, process, analyze, and appropriately disseminate intelligence information.
c. Conduct a thorough and comprehensive investigation.
d. Identify, process, collect, and create a chain of custody for, safeguard, examine/analyze, and store all situational intelligence and/or probative evidence.

E. Regardless of how the intelligence/investigations function is organized, a close liaison will be maintained and information will be transmitted to Command, Operations, and Planning.

However, classified information requiring a security clearance, sensitive information, or specific investigative tactics that would compromise the investigation will be shared only with those who have the appropriate security clearance and/or the need to know.

A

.13 ICS MANAGEMENT CONCEPTS

A. Common Terminology and Clear Text

  1. A critical part of an effective multi-agency incident management system is for all communications to be in plain English.
    That is, use clear text. Do not use radio codes, agency-specific codes, or jargon;
  2. Even if you use radio codes on a daily basis, other responders may not.
    The goal is to ensure responders from all agencies can communicate with one another.

B. Modular Organization

  1. In ICS, only those functions or positions necessary for a particular incident will be filled;
  2. The ICS organizational structure is flexible.
    When needed, separate functional elements can be established and subdivided to enhance internal organizational management and external coordination.
  3. As the ICS organizational structure expands, the number of management positions also expands to adequately address the requirements of the incident;
  4. The ICS organizational structure develops in a top-down, modular fashion that is based on the size and complexity of the incident, as well as the specifics of the hazard environment created by the incident.
    As incident complexity increases, the organization expands from the top down as functional responsibilities are delegated.

C. Management by Objectives

All levels of a growing ICS organization must have a clear understanding of the functional actions required to manage the incident.

Management by objectives is an approach used to communicate functional actions throughout the entire ICS organization.

It can be accomplished through the incident action planning process, which includes the following steps:

Step 1: Understand agency policy and direction;

Step 2: Assess incident situation;

Step 3: Establish incident objectives;

Step 4: Select appropriate strategy or strategies to achieve objectives;

Step 5: Perform tactical direction (applying tactics appropriate to the strategy, assigning the right resources, and monitoring their performance);

Step 6: Provide necessary follow-up (changing strategy or tactics, adding or subtracting resources, etc.).

D. Reliance on an Incident Action Plan.

  1. Incident Action Plans provide a coherent means of communicating the overall incident objectives in the context of both operational and support activities.
    The plan may be oral or written except for hazardous materials incidents, which require a written IAP.
  2. At the simplest level, all Incident Action Plans
    (oral or written) must have four elements:
    a. What do we want to do?
    b. Who is responsible for doing it?
    c. How do we communicate with each other?
    d. What is the procedure if someone is injured?

E. Manageable Span of Control
1. Span of control pertains to the number of individuals or resources that one supervisor can manage effectively during emergency response incidents or special events.
Maintaining an effective span of control is particularly important on incidents where safety and accountability are a top priority;

  1. Span of control is the key to effective and efficient incident management.
    The type of incident, nature of the task, hazards and safety factors, and distances between personnel and resources all influence span of control considerations;
  2. Effective span of control on incidents may vary from three (3) to seven (7) reporting elements, and
    a ratio of one (1) supervisor to five (5) reporting
    elements is recommended;
  3. If the number of reporting elements falls outside of these ranges, expansion or consolidation of the organization may be necessary.
    There may be exceptions, usually in lower-risk assignments or where resources work in close proximity to each other.

F. Pre-designated Incident Locations and Facilities

  1. Incident activities may be accomplished from a variety of operational locations and support facilities;
  2. Facilities will be identified and established by the Incident Commander depending on the requirements and complexity of the incident or event.
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San Antonio Police Department
GENERAL MANUAL - Procedure 802 –
Unusual Occurrences and Critical Incidents

.01 INTRODUCTION
A. This procedure establishes guidelines for controlling and resolving critical incidents by assigning responsibilities to initial responders, to critical incident response teams, and to support functions.

B. This procedure also provides guidance for police response during an unusual occurrence.
It can be applied to a variety of unusual occurrences and command personnel may find the need to deviate from it to address obstacles arising during unusual occurrences.

C. If an incident originally classified as a critical incident escalates to such a magnitude it can not be resolved by critical incident response teams or in accordance with this procedure, the incident should be reclassified as an Unusual Occurrence by the Incident Commander and handled in accordance with Section .05 B., of this procedure.

D. This procedure is designed to be augmented by the GM Procedures 801, Incident Command System; 803, Bomb Incident; 804, Crowd Control and Event Management; 805, Fallen Aircraft; 806, Mobilization; 807, Terrorism Preparedness; and 809 Active Shooter Situations.

.02 POLICY
A. The primary goal of the Department in dealing with critical incidents and unusual occurrences involves the protection of human lives.

B. Therefore, it is the policy of the Department to resolve all critical incidents and unusual occurrences in a manner that minimizes the risk to life by and through a process that employs the expertise of specially trained personnel using techniques designed to contain, isolate, stabilize, and negotiate the critical incident to a nonvolatile resolution and without loss of life.

C. Any officer involved in a critical incident or other pre-planned high risk situation shall wear the body armor that is available to each officer.

.03 INCIDENT DISCUSSION

A. Response to incidents generally falls into one of the following three categories:

  1. Routine incidents are those situations that can be handled with on duty resources.
  2. Critical incidents are those high risk incidents whose resolution exceeds the regular resources of a Patrol Section and/or poses a requirement for a specially trained response team.
  3. Unusual occurrences are emergency situations of such significant magnitude so as to compel the recall of personnel or support from other agencies to protect life and property, prevent escalation, and restore order.
A

.05 INITIAL RESPONDERS
A. Critical Incident

  1. Officers, as initial responders to critical incidents, have several important functions essential to the successful resolution of the incident.
    Depending on the situation, these responsibilities include:
    a. Quickly recognize the potential or existence of a critical incident;
    b. Request additional support and supervisory personnel through the dispatcher;

NOTE: Radio/cellular transmissions from a situation involving the threat or existence of explosives may trigger the device.

c. Seek positions of safety from where the situation may be contained within the smallest possible area;
d. Isolate non-participants from the threat;
e. Evacuate bystanders and/or injured persons, if necessary;
f. Request EMS and Fire Rescue, if necessary;
g. Notify the Communications Unit of established safe entrance and exit routes for emergency vehicles and personnel;
h. Attempt to establish communication with the suspect, hostages, and/or witnesses to help assess the situation;
(1) Do not attempt to negotiate with the suspect; negotiating is the responsibility of crisis negotiators;
(2) Do not use threats or intimidating gestures;
(3) Maintain a calm, even disposition when conversing with the suspect.
i. Communicate information to the responding units through the dispatcher
(i. e., number, names, actions, and descriptions of suspect(s) and hostage(s), weapons involved, etc.);
j. Maintain maximum firearms discipline at all times;
k. Properly document all pertinent information and remain at the scene until released.

  1. Supervisory officers, as supervisors of initial responders, have several important functions to perform upon arrival at the scene which, depending on the circumstances, include:
    a. Make an assessment of available options upon confirmation of the officer’s initial observations.
    If the incident is determined to be a critical incident, assume duties as the Incident Commander until properly relieved by higher authority;
    b. Determine the type of police response needed
    (if any) to safely resolve the situation, either with available police resources or critical incident response teams.
    Notify the Communications Unit of the determination;
    c. Request the Communications Unit to make appropriate notification;
    d. Notify the Communications Unit of required officer positions to establish incident zones that contain and isolate the threat;
    e. Assign necessary units for directing and controlling traffic around containment area;
    f. Ensure all non-participants are evacuated from the incident zones;
    g. Establish a mobilization point within the established cold zone for on-scene assignments;
    h. The first supervisor arriving remains in control of the scene until he is relieved.
    Upon relief, he provides a formal transfer of command briefing for the incoming Incident Commander and ensures the Communications Unit notifies all personnel a change in command is taking place.
570
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San Antonio Police Department
GENERAL MANUAL - Procedure 802 –
Unusual Occurrences and Critical Incidents
.05 INITIAL RESPONDERS

B. Unusual Occurrences
1. The first officers encountering or responding to an unusual occurrence must identify the nature and extent of the unusual occurrence as soon as possible to determine the appropriate level of response.
2. The first officers arriving on the scene of an unusual occurrence have several important functions essential to the effective management and control of the unusual occurrence.
The major tasks performed are:
a. Assess and report to the Communications Unit the approximate nature, size, and location of the unusual occurrence;
b. Determine the location of any injured or dead persons.
Ensure sufficient medical attention is given to injured persons by:
(1) Rendering first aid when necessary;
(2) Providing emergency apparatus ingress and egress;
(3) Assisting medical personnel in establishing triage areas;
c. Protect and contain the area in the same manner as a major crime scene;
d. Notify the Communications Unit of established safe entrance and exit routes for emergency vehicles and personnel;
e. Responding officers request assignment positions from the Communications Unit.
In other than life saving efforts, these assignments are directed toward establishing control of the situation.
f. Arriving officers park their vehicles to allow rescue and other emergency vehicles unrestricted entrance and exit routes to the scene.
3. The first supervisory officer arriving assumes command of all police activity. This supervisor performs the following tasks:
a. Establish liaison with the Incident Commander if the incident involves more than just police assets.
If the incident involves only police assets, assumes the role of Incident Commander until properly relieved by higher authority;
b. Identify the hot, warm, and cold zones of the scene, and the number of personnel required to properly secure the scene;
c. Report the manpower and equipment needs to the Communications Unit to control the situation, including the request of appropriate response teams and command personnel;
d. Assign officers to specific duties required to correctly protect and process the scene;
e. Establish Unified Command with other responding agencies or departments to coordinate the response and necessary support;
f. If the incident involves more than police assets, coordinate all incident management efforts with the Unified Incident Command;
g. The first supervisor arriving remains in control of the scene until he is relieved.
Upon relief, he provides a formal transfer of command briefing for the incoming supervisor or Incident Commander and ensures the Communications Unit notifies all personnel a change in command is taking place.
4. The Communications Unit directs responding units to the location, maintaining radio liaison with the initial responders and supervisory officers to establish crowd and traffic control.

A

.06 INCIDENT MANAGEMENT STAFF STRUCTURE AND RESPONSIBILITIES
A. The Incident Management Staff structure and responsibilities are outline in GM Procedure 801, Incident Command System.

.07 RESPONSE TEAMS AND THEIR FUNCTIONS
A. The Crisis Negotiators Detail is a group of specially trained and certified officers who respond to critical incidents with the goal and responsibility of preserving life by obtaining a mutually acceptable solution to the matter.

B. The SWAT Detail is a group of specially trained and certified officers from the Special Operations Unit who are responsible for the preparation and exercise of all tactical functions utilized in the course of the situation.

C. The Bomb Squad is a group of officers specially trained in the handling and disposition of explosive devices, who respond on request by a supervisory officer to those critical incidents involving a lethal threat.
The squad may function as an element of the SWAT Detail during critical incidents.

D. The K-9 Detail is a group of officers specially trained at handling police canines, and during critical incidents, may function as en element of the SWAT Detail.

E. The Tactical Response Unit (TRU) and/or the Problem–Oriented Policing Unit (POP) will be responsible for providing crowd control during planned events or spontaneous civil disturbances.
These units may also be utilized to provide initial containment and security of a critical incident or unusual occurrence, and may be called upon for initial response during an active shooter incident.

F. Communications Unit

  1. The Communications Unit has the vital responsibility of working with the Incident Management Staff to facilitate and coordinate the response and activities of all personnel on the scene.
  2. The Communications Unit supervisor, at the direction of the Incident Management Staff, also notifies other entities (as per their SOP), as appropriate, based on the incident.

G. The Public Information Officer has the following responsibilities

  1. Coordinate efforts with the Incident Commander;
  2. Designate a safe and accessible press relations area for equitable information distribution;
  3. Maintain an ongoing dialogue of relevant, factual, and non-compromising information with representatives of the media;

H. Officers, including supervisory officers, may be assigned to point control duties for directing and controlling of traffic, crowd, and media control within the cold zone or outside the established containment area.

I. The American Red Cross may respond to the scene for purposes of food provision to the officers on occasions of critical incidents or unusual occurrences of extended duration.
The marked canteen truck is afforded access to a safe, convenient, and accessible location within the cold zone.

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San Antonio Police Department
GENERAL MANUAL - Procedure 802 –
Unusual Occurrences and Critical Incidents

.08 COMMAND POST/SELECTION AND ACTIVATION

A. A command post is established for all unusual occurrences which require a major commitment of departmental resources for an extended period of time.
A command post may be established by the Incident Commander for any event or occurrence regardless of the size of the operation.

B. The creation of a command post helps the Incident Commander with the vital tasks of commanding the operation, maintaining a system of communications, acquiring additional personnel and equipment, accumulating, utilizing, and disseminating intelligence information, and coordinating efforts with law enforcement and other agencies through the use of Unified Command protocol.

C. The location for a command post is selected by the Incident Commander.
It should be in the vicinity of the occurrence with consideration of the following factors:
1. A location strategic to the incident;
2. A site readily located and accessible to responding personnel;
3. Sufficient space to accommodate personnel and their vehicles;
4. Availability of public services (i.e., telephone, electrical, water, restrooms, etc.); and
5. Security and defense.

D. In time, it may be necessary to establish specific ICS (Incident Command System) facilities that include, but are not limited to, command posts, staging areas, bases, camps, heliports and helispots, which may be co-located or separated by function.
This allows the command operations to remain free from disruption.

E. Once a specific ICS facility is established, it remains operational until the situation has stabilized and order is restored.
The deactivation of the command post is by the Incident Commander.

F. In the event the City of San Antonio Emergency Operations Center (EOC) is activated, it becomes the principal support center and hub of all multi-agency coordination as part of an Area Command when required.
In those incidents where Area Command is established, the incident command post(s) or ICP retains its command of all on-scene operations.

G. Regardless of the type and location of the facility established, it must be secured and defended by uniformed peace officers from activation through deactivation.

H. The amount and type of force protection required at each ICS facility is determined by the Incident Commanders.

A

** I. The American Red Cross may respond to the scene for purposes of food provision to the officers on occasions of critical incidents or unusual occurrences of extended duration. The marked canteen truck is afforded access to a safe, convenient, and accessible location within the cold zone.**

.09 EVACUATIONS

A. In the event there is a necessity for evacuation of any area, the Incident Commander:

  1. Assigns a liaison officer to coordinate with other agencies involved;
  2. The American Red Cross may be contacted via the EOC on behalf of the Incident Commander to set up evacuation centers and provide assistance to displaced persons;
  3. Establishes and maintains the hot, warm, and cold zones to prohibit unauthorized persons from entering;
  4. Assigns the necessary personnel for hot, warm, and cold zones patrols to safeguard the properties vacated;
  5. Divides the area into sections, assigning units to evacuate specific sections, working from the unusual occurrence outward; and
  6. Establishes a limited access area allowing residents, press, owners, and managers of businesses limited entrance.

B. The Incident Commander may direct the Public Information Officer to request radio and television stations to broadcast evacuation information.

C. Officers should record the names, addresses, and ages of persons evacuated and of persons who choose to remain in their homes or businesses during voluntary evacuations.

D. In some instances, it may be in the best interest of public safety to have persons remain isolated within their homes or businesses in lieu of evacuating them (shelter in place).

.10 HAZARDOUS MATERIAL INCIDENTS

A. Hazardous material incidents and chemical spills present unique circumstances and require specialized instructions.
Under normal circumstances the Fire Department has principal responsibility for determining the necessary course of action and the Police Department’s role consists of perimeter control, security, and support of Fire Department operations.

B. Because hazardous material incidents are dynamic and could be linked to terrorism, incident command responsibility may rapidly transfer from one responding agency to another.
What may initially appear as a hazardous material exposure could transition to a chemical, biological, or radiological weapon of mass disaster incident.

C. Unified Command protocol should be implemented in any incident when a hazardous material is present in order to successfully plan, prepare, respond, recover and repatriate an affected area when necessary.

.11 DECONTAMINATION
All decontamination of personnel, equipment, and PPE kits will be processed according to the Fire Department’s established procedures.

.12 DE-ESCALATION PROCEDURE

A. As the situation subsides and order is restored, the Incident Commander surveys the affected area and determines if there is a further need for police personnel and equipment at the scene.
The Incident Commander will reduce the number of personnel and equipment necessary at the scene, until only the personnel directly involved in the operation remain.

B. In the event of personnel being recalled through the implementation of a mobilization phase, relief of personnel is conducted as follows:
Phase 1- Relief of personnel begins with personnel assigned under the last mobilization phase implemented and continues only until Traffic Section personnel are assigned.
Phase 2- Eight hour shifts utilizing Traffic Section personnel are implemented.
Phase 3- Normal operations are restored.

.13 CONCLUSION ACTIVITIES

A. Upon the deactivation of subordinate units, commanders ensure each supervisor submits a written report that
includes the following information:
1. A record of the name, badge number, dates, times, and assignments for each member under their supervision; and
2. Account for all equipment issued to personnel under their supervision.

B. Upon conclusion of all activities related to the unusual occurrence:
1. The Incident Commander will, if necessary, request a post-incident investigation by the appropriate investigative follow-up unit;
2. All commanders prepare an after-action report which is submitted to the Incident Commander within ten (10) calendar days.
The after-action report contains a complete and detailed account of the operation of subordinate units under their command during the unusual occurrence;
3. The Incident Commander prepares a final report detailing the Department’s response to the unusual occurrence.
This report is submitted, along with a copy of the Incident Action Plan, to the Office of the Chief within thirty (30) calendar days; and
4. The Manager of the Accounting and Personnel Office prepares an operational cost report which is submitted to the Office of the Chief.

C. After-action critiques are conducted at the direction of the Chief of Police or the Incident Commander.

.14 INCIDENT STRESS

A. Commanders and supervisors monitor the behavior of their subordinates involved in critical incidents, unusual occurrences or any major disasters (especially those involving mass deaths or injuries) and remain aware of any special needs of their personnel.

B. Psychological Services Office remains available for members exhibiting symptoms of stress or trauma and for those who desire post-incident counseling.

.15 ANNUAL TRAINING

A. Training will be conducted on the components of the City of San Antonio Emergency Management – Basic Plan by members of Critical Incident Response Teams and any other affected personnel on an annual basis.

B. The annual training should include classroom instructions, tabletop exercises and functional exercises that include multi-agency involvement with agencies in the Department’s geographical area.

C. The annual training on the City of San Antonio Emergency Management – basic plan shall be documented by the Commander who conducted the training, and a written critique of the training will be forwarded to the Chief of Police.

572
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 803 – Bomb Incidents

.01 INTRODUCTION
A. This procedure establishes guidelines for police responses to bomb threats, suspicious packages and possible explosive devices by assigning responsibilities to units who receive threat calls and to patrol officers who are initial responders to the scenes of bomb related calls.
B. When an actual or suspected explosive device is located, the call is reclassified as a critical incident and handled in accordance with GM Proc. 802, Unusual Occurrences and Critical Incidents.
C. Personnel who are not trained to Bomb Squad standards and specifically authorized to handle explosives shall not remove, attempt to move, disarm, or attempt to disarm any explosive device (actual or suspected). Officers are encouraged to request the Bomb Squad respond to the scene when any doubt exists as to the need.
D. Bomb Squad personnel can be contacted by calling directly to the office or more efficiently and timely through the Communications Unit.

.03 BOMBTHREATCALLS
A. Any member of any unit receiving a bomb threat call will attempt to have someone nearby contact the Communications Unit by land line only to initiate appropriate actions. If there is no one to assist, he shall immediately notify the Communications Unit.
B. Any member of any unit receiving a call or being notified in any other manner of a bomb threat shall attempt to ascertain as many details as possible from the caller. Details should include, if possible, at a minimum:
1. Location of bomb;
2. Precise time bomb is set to detonate;
3. Reason bomb was planted; and
4. Any other information or details that could help locate the bomb or persons responsible for planting the bomb.

A

.04 UNIT and OFFICER RESPONSIBILITIES A. Communications Unit Responsibilities:
1. Communications Unit personnel, upon receipt of a bomb threat, dispatch uniformed officers, including a supervisory officer, to the scene of the bomb threat.
2. Find out from the person who received the call the exact words used in the threat so the threat can be evaluated.
3. The Bomb Squad is notified of the bomb threat and placed on stand-by.
4. The Bomb Squad will determine if the Fire Department’s Arson Investigator is notified. Arson Investigators will not respond to Threat Calls that deal with suspected devices, such as unclaimed packages and briefcases until the SAPD Bomb Squad determines the need for a follow up investigation. Arson conducts the follow-up investigations for hoax devices and Improvised Explosive Devices (IED). The Property Crimes Detail, for that particular service area, conducts the follow-up investigations for bomb threat calls only.
5. The Homicide Unit is notified if the bomb threat involves extortion.
6. The Communications Unit supervisor monitors the bomb threat call through to completion.
B. Initial Responders Responsibilities:
1. Ensure radio transmitters at the scene are not keyed under any circumstances (although radios may be left on for monitoring purposes) and establish the location of a telephone for all communications purposes.
2. Cellular phones, vehicle laptop computers, in car video microphones and/or Body Worn Camera’s, shall not be used within three hundred (300) feet of the scene.
Note: Cellular phones and all laptop computers, due to the radio magnetic waves created, are prohibited and must be turned off! This includes all by-standers.
3. Communication should be by hard-line telephone, if possible.
a. If it is necessary to use a radio, cellular phone, or laptop computers move at least three hundred (300) feet from the scene.
b. As an alternative, prior to transmitting, position yourself so there is some type of cover between you and the device.
4. Contact the reporting person, if other than the Communications Unit dispatcher, to ascertain the nature of the situation, the location of the device (if known), the particulars of the call (if applicable), and the identity of the party responsible for control of the premises.
C. Supervisory Officer Responsibilities:
1. Respond to the scene and assume command of the situation;
a. Establish a command post and check the immediate area around it for possible explosive devices.
b. Ensure all personnel responding check-in prior to entering the premises.
2. Summon sufficient personnel as needed for perimeter control and point control for the direction and control of traffic, crowd and media;
3. Advise the owner/person in charge of the facility it is their decision as to whether or not a search or sweep is conducted. Assistance may be provided by the Police, if so requested.
4. Coordinate police response and render the decision when to conclude operations.

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San Antonio Police Department
GENERAL MANUAL
Procedure 803 – Bomb Incidents

.05 BOMB THREAT SEARCHES AND EVACUATIONS
A. Searching

  1. The Sergeant will confer with the owner/person in charge of the premises regarding any search, and will determine on a case-by-case basis if officers will assist in the search, and if so, how assistance can be rendered.
  2. Police will advise the owner/ person in charge of safety considerations.
    a. No radio or cellular phone transmissions.
    b. Do not touch any suspicious items.
    c. Contact police immediately if any suspicious items are located.
    d. Have the employees take their personal items (purses, backpacks, briefcases, etc.), if an evacuation is conducted. Also, have the employees check their work areas as they evacuate to see if anything unusual is present.
    e. The Bomb Squad will conduct a search of the location, if requested by the officer at the scene or by the owner/person in charge of the premises.

B. Evacuation
1. If the owner/person in charge decides to evacuate the area, the minimum safe distance is at least three hundred (300) feet. Ensure the evacuation is performed orderly and quickly.
2. If there was a time given for the bomb to explode, it is a good practice to evacuate the scene as soon as reasonably possible before the threatened explosion.
After the search has been completed, the persons evacuated should not be allowed back into the location for at least one hour after the threatened detonation.
3. Ensure the employer can account for all employees by suggesting an employee and customer assembly point.

.06 FOUND EXPLOSIVE DEVICES
A. Communication Unit Responsibilities
1. The Communications Unit shall immediately request the Bomb Squad to proceed to the scene.
2. The Communications Unit supervisor will monitor the call through to completion.

B. Initial Responders Responsibilities

  1. Contact the reporting party and determine where the suspicious package or suspected explosive device is located.
  2. Leave your radio on, but do not transmit from it within three hundred (300) feet. Monitor the radio for possible information or instructions.
  3. If the officer has seen the suspicious item, give the information of what you saw to the Bomb Squad when they arrive.
  4. Immediately notify your supervisor and the Bomb Squad.
  5. Set up a perimeter around the suspect item by blocking pedestrian and vehicular traffic from entering the area where the suspect item is located.
  6. Evacuate the immediate area around the suspect device to a minimum distance of three hundred (300) feet.
    a. If the location is a multiple floor building, evacuate the floor the bomb is on, the floor above and the floor below.
    b. Generally, if the bomb is larger than a shoebox, evacuate additional floors and consider evacuating the entire building.
    c. Officers should take advantage of natural protective barriers.
  7. Check the area for secondary devices and if a command post is going to be set up, check this area for secondary devices.
  8. Provide the Bomb Squad personnel with all available information upon their arrival.
    a. If possible, make a sketch of the floor plan around the device. Include any special circumstances such as hazardous materials.
    b. Attempt to locate keys for all spaces in the facility affected.
  9. Once the perimeter is secure, utilize cover until the arrival of the Bomb Squad.
  10. The Bomb squad will set up a separate command post to more effectively deal with the bomb call. This area will become a restricted area for Bomb Squad personnel only, to allow them the room to set up the necessary equipment and prep for any actions dealing with the bomb call.

C. Supervisory Officer Responsibility

  1. Upon arrival, assume command of the situation until the arrival of a higher ranking officer.
  2. Determine if enough officers are on scene to assist handling the call (crowd/vehicular control, evacuations, etc.)
  3. Ensure all police personnel are accounted for and are in a safe position.
  4. Determine if the Bomb Squad has been notified.
  5. Determine if command notification needs to be made.
  6. Establish a command post to maintain control of the situation.
  7. Determine when to conclude operations and return personnel to service.
A

.07 SUICIDEBOMBERS
A. Overview: In most situations, officers will respond to a suicide bomber in a post-blast capacity.
But there may be times when the officer will have to deal with a suicide bomber who may have been encountered prior to setting up for an attack, the suicide bomber may have tried to detonate the explosives he is wearing and it failed to detonate, the suicide bomber may be set up to conduct the attack and now has a change of heart.
Although these incidents will be very rare, they are possible and the officer who comes in contact with these individuals will need to handle the situation.
The following is a guideline for dealing with these circumstances and is not the only way to handle these types of situations.

B. Communications Unit Responsibilities

  1. Dispatch at least two officers and a supervisor to the scene of a suspected suicide bomber.
  2. Ensure the Bomb Squad has been notified and is placed on stand-by.
  3. The Communications Unit supervisor shall be notified of the call.

C. Initial Responders Responsibilities

  1. Upon arrival at the scene of a possible suicide bomber, officers should obtain as much information as possible to help determine if the suspect is indeed a suicide bomber.
  2. Have the Communications Unit contact the Bomb Squad and start them to the location of the suspect suicide bomber.
  3. When responding to person(s) attached to improvised explosive device(s), officers should:
    a. Control the person so they cannot intentionally or accidentally detonate the device;
    b. Order the person to stand still and make no movement at all.
  4. Do not close distance to negotiate with the suspect. Utilize cover and shielding as safety measures.
  5. Designate “one” person to give commands to the suspect to avoid confusion from multiple officers giving the suspect confusing commands.
  6. Direct officers to the scene and set up a perimeter around the suspect. Utilize patrol rifles, if they are available.
  7. Evacuate the area of all non-essential personnel and prevent re-entry.
  8. If the suspect is compliant;
    a. Have the suspect show you his hands.
    b. Have the suspect remove the explosive device and step away from it.
    c. Have the suspect remove his clothes and turn three hundred sixty (360) degrees to ensure that the suspect does not have any other explosives on his body.
    d. Once the officer is confident there are no other explosives on the suspect, direct the suspect to officers on the perimeter so the suspect can be taken into custody.
    e. Maintain perimeter security and do not approach the explosive device until the Bomb Squad has arrived and determined the area is safe.
  9. If the person fails to obey verbal commands and the officer reasonably believes the actions of the person create a threat of physical harm to another person, including the officer, the officer may use the necessary force he deems reasonable under the circumstance to protect themselves and others.

D. Supervisory Officer Responsibility

  1. Upon arrival at the scene, assume command of the situation, until the arrival of a higher ranking officer.
  2. Determine if there are enough officers on the scene to secure the perimeter.
    Call for officers who are assigned rifles and position them on the perimeter to help contain the suspect.
  3. Ensure non-essential personnel have been evacuated from the area and they are prevented from re-entering the area.
  4. Ensure the Bomb squad has been notified and are in route to the scene.
  5. Ensure proper notifications have been made and ascertain whether or not the EOC should be alerted and put on stand-by.
  6. In all cases the Fire Department will be notified and will send at least one truck and one EMS Unit to the scene.
    Assign an officer as security for the Fire Department in case there is an attack made against them.
  7. Ensure officers on the perimeter are aware of possible attacks on them and are vigilant of not only the suspect suicide bomber, but of accomplices in the crowd.
  8. Take whatever other measures necessary to contain the situation and keep the officers and public safe.
  9. If media helicopters are present, contact the Helicopter Detail and have them contact the FAA tower and secure the air space over the situation.
    An explosive device can send pieces of fragmentation over large areas and cause damage to the helicopters.
  10. Determine when to conclude activities and return officers to service.
574
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San Antonio Police Department
GENERAL MANUAL
Procedure 803 – Bomb Incidents

.08 ADDITIONAL CONSIDERATIONS A. Post-blast

  1. It is recommended officers do not enter the scene of a post-blast scene until it has been cleared by the Bomb Squad.
  2. If there are people inside of the post-blast scene, officers should only enter to conduct emergency life saving actions.
  3. If entering the scene, officers should be aware of possible secondary devices and possible unexploded ordnance, due to a low-order of the explosive device.
  4. Officers should consider the utilization of their assigned Personal Protective Equipment (PPE) whenever there are injuries related to a post-blast scene. The possibility of blood and body parts spread over the area, will present a biological hazard to everyone entering the scene. The PPE boots, gloves and mask should be considered as a minimum of protection.

.09 SUSPICIOUS PACKAGES (POSSIBLE CHEMICAL/BIOLOGICAL WEAPON)
A. Be alert for indicators of chemical and/or biological agents.
B. Have the Dispatcher notify the Bomb Squad immediately and Bomb Squad will notify other necessary agencies.
C. Identify potential victims who were exposed to the package or suspected substance and hold at the scene for possible decontamination.
D. Use your PPE, especially your respiratory protection.

A

.10 DANGEROUS WAR SOUVENIRS and EXPLOSIVES
A. If a Police Officer discovers an explosive device, the officer shall follow Section .06.
B. Whenever citizens turn over any war souvenirs, live ammunition, dynamite, percussion caps, fuses, or other explosives and devices to an officer, the officer shall:
1. Advise the citizens they are relinquishing all property rights to the items surrendered, so as to prevent requests for the Department to deactivate and return souvenirs.
2. Consider each item as potentially dangerous. Do not handle any explosive devices found.
3. Make an inquiry as to whether anyone has attempted to deactivate the device, and forward this information to the Bomb Squad upon arrival.
C. If
a citizen brings an explosive device to a police facility, officers shall:
1. Leave police radios on, but do not transmit from them.
2. If the item is a war souvenir, it is safer to get the item outside and limit access to it until the Bomb Squad
arrives. An alternative is to evacuate the building and wait for Bomb Squad to respond.
3. If an item appears to be a bomb or is suspicious, immediately evacuate the building.
4. Notify the Communications Unit from a phone line to have the Bomb Squad respond to the scene.
5. Command of the incident is performed in accordance with Section .06 C.

575
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San Antonio Police Department
GENERAL MANUAL
Procedure 803 – Bomb Incidents

.11 IMPROVISED EXPLOSIVE DEVICE (IED) SAFE STANDOFF DISTANCE CHEAT SHEET

The diagram below shows the recommended evacuation distances for potential explosive devices based on the size of the package or vehicle.

A

Pipe Bomb
5 lbs. in a building 70 ft. Outside 850 ft
2.3 kg. 21m. 259 m

Suicide Belt
10 lbs 4.5 kg. 90 ft 27m. 1,080 ft 330 m

Suicide Vest.
20 lbs 9kg 110 ft 34m. 1,360 ft 415 m

Briefcase/Suitcase Bomb
50 lbs 23 kg. 150 ft 46m. 1,850 ft 564 m

Compact Sedan
500 lbs 227 kg 320 ft 98m. 1,500 ft 457 m

Sedan
1,000 lbs 454 kg. 400 ft 122 m. 1,750 ft 534 m

Passenger/Cargo Van
4,000 lbs 1,814 kg. 640 ft 195 m. 2,750 ft 838 m

Small Moving Van/ Delivery Truck
10,000lbs 4,536 kg. 860 ft 263 m 3,750 ft 1,143m

Moving Van/Water Truck
30,000 lbs 13,608 kg. 1,240 ft 375 m
6,500 ft 1,982 m

Semitrailer
60,000 lbs 27,216 kg. 1,570 ft 475 m
7,000 ft 2,134 m

Small LPG Tank 🔥 fire ball. Safe-distance
20 lbs/5 gal 9 kg/19 l. 40 ft 12m. 160 ft 48m

Large LPG Tank
100 lbs/25 gal
45 kg/95 l 69 ft 21m. 276 ft 84m

Commercial/Residential LPG Tank
2,000 lbs/500 gal 907 kg/1,893 l
184 ft 56m
736 ft 224 m

              Small LPG Truck 8,000 lbs/2,000 gal 3,630 kg/7,570 l
                                 292 ft 89m
                                                                1,168 ft 356 m

              Semitanker LPG 40,000 lbs/10,000 gal 18,144 kg/37,850 l
                                499 ft 152 m
                                                            1,996 ft 608 m
    1. Based on the maximum amount of material that could reasonably fit into a container or vehicle. Variations possible.
    1. Governed by the ability of an unreinforced building to withstand severe damage or collapse.
    1. Governed by the greater of fragment throw distance or glass breakage/falling glass hazard distance. These distances can be reduced for personnel wearing ballistic protection. Note that the pipe bomb, suicide belt/vest, and briefcase/suitcase bomb are assumed to have a fragmentation characteristic that requires greater standoff distances than an equal amount of explosives in a vehicle.
    1. Assuming efficient mixing of the flammable gas with ambient air.
    1. Determined by U.S. firefighting practices wherein safe distances are approximately 4 times the flame height. Note that an LPG tank filled with high explosives would require a significantly greater standoff distance than if it were filled with LPG.
576
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San Antonio Police Department
GENERAL MANUAL ; Procedure 804
Crowd Control and Events Management

.01 INTRODUCTION
A. This procedure is designed to provide direction in planning and implementing the appropriate police response to effectively manage and control crowds.
Additionally, this procedure provides instruction for managing crowds in those events which occur without sufficient notice to afford comprehensive planning.

B. The crowd management and control strategies employed in response to spontaneous events are similar to those used for planned ones, the only difference being the procedures are implemented quicker and in a different order.

.03 POLICY

A. The San Antonio Police Department provides the necessary direction, control, and security for persons assembled to take part in civic and community functions; provided, such direction, control, and security is in the best interest of the health, safety, and order of the City.

B. The Department is committed to the protection of the constitutional rights of persons and groups to conduct peaceful and lawful demonstrations.
However, in those situations which threaten the lives, property, rights, health, or safety of the citizens, or the general order of the City, the Department responds immediately to establish control and restore order.
The Department contends with these situations in an appropriate manner so as to minimize the potential threat.

C. The sanctity of human life and individual liberties are immeasurable elements of modern society which vests Police Officers with the responsibility for the preservation and protection of its paramount values.
In the pursuit of this responsibility, officers maintain the understanding that protection of property and apprehension of criminal offenders is subservient to the protection of life, including their own.

A

.04 GENERAL PROCEDURES

A. The Deputy Chief assigned to the Tactical Support Division maintains the responsibility for identifying resource needs and planning the appropriate police response for scheduled events.
This Deputy Chief is hereafter referred to as the Incident Commander for all planned events.

B. The supervisory officer-in-charge of the appropriate Patrol Division service area is responsible for initiating the appropriate police action in response to spontaneous events.
This supervisory officer, until relieved by a higher ranking officer, is hereafter referred to as the Incident Commander.

C. In response to planned or spontaneous events, the Incident Commander is responsible for:
1. Meeting with the sponsors to discuss the required permits and applicable laws;
a. In planned events, the sponsors or leaders are readily identifiable, allowing for scheduled informal meetings.
b. In spontaneous events, contact with the formal or informal leaders is made.
When practical, this is a personal contact, otherwise the crowd is addressed by use of a loudspeaker.
2. Identifying and acquiring the needed manpower;
a. In planned events, the required manpower is obtained by the utilization of the on-duty members of the Traffic Section, with additional volunteers solicited when necessary.
Sufficient manpower to provide for the relief of assigned personnel should be procured.
b. In spontaneous events, the available on-duty resources of all Patrol Division personnel is utilized, with additional manpower needs acquired through the implementation of a mobilization phase in accordance with GM Procedure 806, Mobilization.
3. Identifying and procuring additional resource needs;
a. In both planned and spontaneous events this includes, but is not limited to, communication equipment, assignment of radio frequencies, vehicles, barricades, and riot control equipment.
b. Riot control equipment is stored at the SAPD Property and Evidence Building located at 555 Academic Court.
Access to the Ready Room and issuance of equipment is detailed in GM Procedure 309, Weapons.
4. Establishing a field command post and staging area in accordance with GM Procedure 802, Unusual Occurrences and Critical Incidents;
5. Conducting major operations relating to large scale civil disturbances in accordance with this procedure and GM Procedure 802;
6. Defining and establishing the inner and outer perimeters;
a. Whether the event is planned or spontaneous, the inner and outer perimeters should be defined as soon as possible.
Consideration is given to the size of the crowd, location of the event, and the potential for disorder in determining these perimeters.
The utilization of barricades and deployment of personnel serve to identify these perimeters.
b. In events requiring large numbers of personnel or covering a large area, the area should be divided into quadrants or sections with each quadrant or section under the direction of a supervisory or command level officer.
7. Defining and controlling ingress and egress points;
a. The establishment and control of points of entry and exit for participants, spectators, and maintenance personnel should be identified in planned events.
These points should be sufficient in number to provide for the orderly and effective entry of the anticipated number of persons.
b. Emergency vehicle and emergency personnel entrances and exits should be defined.
These points should be manned by officers to provide assistance in directing any required emergency vehicles or personnel.
Establishment of these points must be a coordinated effort between all the emergency service agencies.
8. Considering possible scenarios and formulating contingency plans;
a. Emergency exits are established to provide for the expedient exit of persons in the event of a crisis.
b. Liaison with other emergency service agencies is maintained.
Information relative to the size and circumstances of the event is provided.
c. A sufficient number of officers may be held in reserve or assigned to non-critical posts to provide immediate deployment or reassignment in the event of an emergency.

577
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San Antonio Police Department
GENERAL MANUAL ; Procedure 804
Crowd Control and Events Management

.05 CROWD MANAGEMENT TECHNIQUES

A. Crowds can generally be categorized into three (3) types:

  1. Passive;
  2. Active; or
  3. Volatile.

B. The first two (2) types of crowds, passive and active, require crowd management techniques.
The third type of crowd, volatile, requires crowd control strategies and/or dispersal tactics.

C. Crowds can very rapidly turn from a
self-controlled and passive to active or volatile.
Officers should watch for signs that indicate a crowd is changing character.

D. Each category of crowds can be divided, with each having a recommended action as follows:
1. Passive:
a. Tranquil - The members of a tranquil crowd are lawfully pursuing their interest with the safety of others in mind.
As such, they require no police control.
(1) Example: Mall shoppers
(2) Recommended Action: None
b. Apprehensive - A sudden or unanticipated development may cause members of a crowd to become apprehensive.
(1) Example: A bomb threat
(2) Recommended Action: Provide accurate information
c. Exuberant - An exuberant crowd gathers for an enjoyable event.
This crowd responds to cheerleading, flag waving, and music.
It is an enthusiastic crowd and follows cues.
(1) Example: Concerts and parades
(2) Recommended Action: Monitor
2. Active:
a. Confused - Members of a tranquil crowd who don’t have sufficient information and the perplexing situation causes confusion and anxiety.
(1) Example: Stalled traffic
(2) Recommended Action: Provide accurate information
b. Annoyed - Members of passive crowds experiencing confusion and a feeling of being denied information relative to a current difficulty.
(1) Example: A scheduled event is delayed or postponed
(2) Recommended Action: Provide accurate information and monitor closely.
Begin planning for control strategies.
c. Physically Active - Members of exuberant crowds who begin to throw objects for others to catch in the spirit of having fun.
(1) Example: Frisbee throwing in an arena/aerosol string dispensers.
(2) Recommended Action: Take immediate action to stop activity and prevent non-active participants from becoming annoyed.
d. Protesting - An antagonistic, often hostile, crowd seeking to bring about a change in a relationship or structure.
If this crowd is frustrated in its immediate efforts to achieve change it may become volatile.
(1) Example: Labor dispute/civil protest
(2) Recommended Action: Contact leaders and establish firm rules for crowd’s behavior.
3. Volatile:
a. Panicked - Panic resulting from a need to get away from a situation or out of an area in preservation of life.
(1) Example: A fire in a crowded auditorium
(2) Recommended Action: Provide accurate information, use control measures and provide avenues of escape.
b. Malicious - This crowd, often a group of members within a crowd, possesses a self-centered intent.
It pushes and shoves others without concern.
Its behavior is without concern for the safety or well-being of others and breaks laws.
(1) Example: Throwing cans, bottles, and fireworks in an arena/gang members mixed in with a passive or active crowd.
(2) Recommended Action: Remove actors immediately or place under close surveillance.
c. Unruly - This crowd, a mob, openly and defiantly breaks the law.
It is angry and destructive.
While a crowd of malicious individuals may be a small group within another crowd, this crowd is composed almost entirely of lawbreakers and rioters.
(1) Example: A riot
(2) Recommended Action: Full crowd control measures

A

.06 CROWD CONTROL STRATEGIES
A. Crowd management techniques should be utilized first; however, in situations where there is an imminent threat to public safety, control strategies should be developed simultaneous to the implementation of management procedures.

B. The governing factor in tactical operations is one of teamwork, each individual subordinating himself to the orders and direction of the team leader.
The Incident Commander must evaluate his current resources and commit the available units to the portion of the disturbance which can be controlled.
A force of insufficient strength, too hastily deployed, may only aggravate a situation.
Leaders must ensure that the engaged police units grasp the initiative and assume and maintain the initial advantage in street situations.

C. The strategies employed are determined by the Incident Commander and must be relevant to the situation.
Situations and circumstances involved frequently change and the police must adjust to the given or perceived threat.
Therefore, the following techniques do not establish a “set” plan of action, but provide direction in formulating the methods to be utilized.
1. Show of force:
a. The anxiety level of a crowd can occasionally be reduced by the knowledge of a substantial police presence without the actual display of the force.
b. A show of force to disperse a crowd is most effective when the officers are assembled outside the view of the crowd and make a surprise formidable appearance.
To be most effective the officers should march in formation into view, remain a reasonably safe distance from the crowd, halt, and remain in formation in view of the crowd.
c. A show of force should not be utilized unless there is sufficient strength to accomplish dispersal.
A proclamation and dispersal order should be made in conjunction with the show of force.
2. Selective arrests:
a. In those situations where the overall crowd is generally peaceful and there are individuals within the crowd that hide behind the anonymity of the group to throw objects at the police or to incite or provoke the crowd, plainclothes officers, in squads, may be sent into the crowd to identify the person or persons.
(1) The plainclothes officers should not make the arrest(s), unless the person(s) leaves the crowd and the arrest(s) can be made without jeopardizing the identity of the officers.
(2) In a generally hostile crowd or when overt arrest(s) are necessary, a squad of uniformed officers should make the arrest(s).
b. Prior to making selective arrests, a sufficient force of officers should be present to deal with the entire crowd, should it become necessary.
3. Dispersal orders:
a. When crowd management and control measures fail to control or disperse a crowd, a proclamation and dispersal order shall be given.
b. The Incident Commander shall designate a command level officer to give the proclamation and order the crowd to disperse.
c. The designated officer shall address the entire crowd with a loudspeaker, stating the assembly is involved in an unlawful act and is in violation of a specific law (naming it).
The assembly has been declared unlawful and ordered to disperse (stating a specific length of time to comply) and those individuals who fail to disperse will be arrested.
d. An avenue for the crowd to depart must be provided.
Notice of the dispersal order and the direction provided for departure of the crowd must be relayed to all operational units.
e. Whenever possible, an audio/visual record of the dispersal order is made.

578
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San Antonio Police Department
GENERAL MANUAL ; Procedure 804
Crowd Control and Events Management

.07 DISPERSAL TACTICS
A. In the event a dispersal order has been given and the crowd fails to voluntarily disperse, the Incident Commander must employ tactics to disperse the crowd.
Consideration of the existing circumstances must be given in determining the appropriate tactics utilized.

B. The Incident Commander should determine the direction in which he intends to disperse the crowd.
In determining the direction the crowd is to be directed, consideration should be given to dispersing the crowd away from business areas, where looting or arson may occur, and towards an area where the physical constraints tend to break the crowd into small groups, or into areas where minimal physical damage can occur.

C. The following configurations and formations of manpower and their utilization for crowd control are limited to those areas where sufficient manpower is available to direct and disband the crowd.
Before employing crowd control formations the area needs to be secure of sniper fire and minimal physical resistance anticipated.

  1. Manpower configurations:
    a. Squad - 1 Sergeant, 13 officers.
    b. Platoon - 1 Lieutenant, 4 Squads.
    c. Company - 1 Captain, 3 Platoons.
  2. Formations:
    a. A “Squad Line” is employed as either an offensive or defensive formation. It is basically a line of officers across a street or open area.
    It is continuous without spaces along the front.
    The flanks of the line must be anchored by obstacles such as buildings.
    b. A “Squad Echelon” is used to turn a crowd away from an obstacle, such as a building, or to direct its movement.
    It may be used to move the crowd either left or right as an offensive formation.
    c. A “Squad Wedge” is an offensive formation used to divide a crowd into smaller segments.
  3. Offensive formations should assault two (2) or more directions at once to be effective.
    However, an assault to the front and rear should not occur simultaneously, as elements of the crowd may escape to the rear of advancing units.
    Offensive assaults include:
    a. The “Pincer” method which is an assault from the front and both flanks.
    This method tends to drive the crowd before the frontal assault; and
    b. The “Flanking” method which is an assault to the front and one flank.

D. In the event the crowd is armed with rocks, bottles, etc., consideration should be given to the use of chemical agents followed by a tactical sweep.
The use of chemical agents is only authorized by order of the Incident Commander.
Consideration to the direction of the wind, the size of the crowd, and geographical conditions must be made.
1. Chemical agents must be used in sufficient quantities to produce an immediate and decisive result.
2. Officers assigned to formations which will disperse the crowd following the use of chemical agents should be issued gas masks.
3. Notice to the officers involved and, if practical, to the crowd should be made prior to use of a chemical agent.
4. Smoke should be used prior to the use of chemical agents.
5. The officer(s) assigned to release the agent should be positioned behind the formation of the officers assigned to assault the crowd.
6. In some instances, such as anticipated violent resistance or large crowds, it may be necessary for chemical agents to be covertly released.

E. After a successful assault, the elements of dispersing the crowd should be followed to prevent reformation.
1. Agitators should be arrested.
If necessary, arrest groups should be assigned to the assault teams to maintain the integrity of the formations.
2. Squads should be assigned to sweep through affected areas.
When the affected area is large, it should be divided into smaller sections with the necessary squads assigned to each section.

F. Mobile saturation units consisting of four (4) officers operating a single marked vehicle should be deployed in a sufficient number to allow the officers to:

  1. Handle emergency calls within the outer perimeter;
  2. Act as a mobile reserve force to assist foot patrols;
  3. Act on its own initiative against small groups;
  4. Patrol access routes; and
  5. Enforce a curfew.

G. When sniper activity is reported or observed:

  1. The area should be isolated;
  2. Officers should not return fire unless absolutely necessary; and
  3. The Incident Commander activates SWAT.
A

.08 MULTIPLE ARREST PROCEDURES
A. The concept of multiple arrest groups is to provide a specialized group of officers working together during large scale arrests at major events to deal with all aspects of the arrest process, from the initial arrest to the delivery of prisoners to the City of San Antonio Detention Center, permitting the primary line officers free to manage the event.
1. In most mass arrest situations, the Special Operations Unit is utilized for making arrests.
In the event this unit is not available, other personnel are utilized and organized according to groups prescribed in Subsection .08D.
2. All members of arrest groups are in complete uniform unless otherwise directed by the Incident Commander.

B. The Incident Commander, anticipating multiple arrest situations:
1. Coordinates the implementation of these procedures with the commanding officer of the Special Operations Unit.
An estimate of the number of potential arrestees and whether they will be peaceful or violent is made to determine the number and size of arrest groups needed; and
2. Notifies the City of San Antonio Detention Center and Juvenile Processing Office supervisors of the anticipated multiple arrests.

C. The Commander of the Special Operations Unit:

  1. Maintains the equipment and training status of arrest groups;
  2. Implements the multiple arrest procedures in their entirety when directed by the Incident Commander; and
  3. Designates a field detention area near the site to allow for the preparation of prisoners for booking.

D. Arrest groups:
1. Arrest groups consist of the following personnel:
a. Supervisory officer assigned as the group leader;
b. Two (2) or more officer arrest teams;
c. Two (2) or more officer support teams; and
d. One (1) or more officer transporting teams.
2. Arrest groups maintain the following equipment:
a. Numbered plastic handcuffs;
b. One or more prisoner transport wagons;
c. Booking slips; and
d. Cameras and related equipment.
3. Arrest groups may expand in size or number according to the number of arrests anticipated or the amount of resistance contemplated.
The determinant being the ability of the group to expedite the flow of arrestees.

E. Arrest procedures:
1. When practical an audio/visual record is made of all arrests.
2. The supervisor assigned as the group leader designates arrest teams to begin arresting selected participants.
A support team is assigned to the arrest team as back-up as needed.
3. Persons who offer no resistance are walked to the field detention area.
In the event a person offers passive resistance in refusing to accompany the officers, the person is lifted and walked or carried to the field detention area.
4. When groups of demonstrators to be arrested lock arms, the arrest team untangles the demonstrators one at a time.
A support team is assigned to serve as back-up for the arrest team as needed.
5. Each person arrested is handcuffed and searched.
Numbered plastic handcuffs are utilized to handcuff and identify persons arrested.
In passive demonstrations, the
Incident Commander may decide not to handcuff arrested persons in order to diminish the crowd’s anxiety;
however, a numbered plastic handcuff is placed around the wrist of the arrested person to serve as identification.
6. Persons arrested are taken to the field detention area by the arrest team.
The assigned support team accompanies the arrest team to the field detention area, and then returns to the incident site for further assignment.
7. At the field detention area:
a. Arrestees, when necessary, are provided medical treatment, water, and public facilities.
Food is not provided to arrestees;
b. The arrest team and the arrested person are photographed;
c. One of the arrest team officers completes the booking slip, recording the number of the plastic handcuff in the box labeled “Alias Names.”
The reverse side of the photograph contains the date and time of the arrest, the names of the arresting officers, the assignment number, and the plastic handcuffs number;
d. The other arrest team officer completes the offense report, recording the plastic handcuffs number in the box labeled “Alias;”
e. The prisoner, his property, the booking slip, photograph, and offense report are delivered to the transporting officers; and
f. The arrest team returns to the incident site for further assignment.
8. At the direction of the arrest group supervisor, the transporting officers proceed to the Detention Center.
Upon arrival the transporting officers:
a. Release the prisoners to the Detention Center personnel;
b. Make a photo copy of the offense report, photograph, and booking slip;
c. Present the booking slip and copy of the photograph to the Detention Center personnel;
d. Present the copy of the offense report to the magistrate’s office and magistrates the prisoner;
e. Retain the original photograph, offense report, and the copy of the booking slip (stapled together); and
f. Return to the field detention area for further assignment.
9. Upon completion of the arrest process or upon relief, the transporting officers submit all photographs, offense reports, and booking slips to the supervisor of the arrest group.

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San Antonio Police Department
GENERAL MANUAL ; Procedure 804
Crowd Control and Events Management

.09 DE-ESCALATION PROCEDURE
A. As the situation subsides and order is restored, the Incident Commander surveys the affected area and determines the need for police personnel and equipment at the scene.
In the event the City of San Antonio Emergency Operations Center (EOC) was activated, the Incident Commander, at the direction of the EOC Commander, decreases the number of personnel and equipment at the scene until only the personnel directly involved in the operation remain.

B. In the event personnel were recalled through the implementation of a mobilization phase, relief of personnel is conducted as follows.
Phase 1 – The relief of personnel begins with personnel assigned under the last mobilization phase implemented and continues until only Traffic Section personnel are assigned.
Phase 2 – Eight (8) hour shifts utilizing Traffic Section personnel are implemented.
Phase 3 – Normal operations are restored.

A

.10 CONCLUSION ACTIVITIES
A. Upon the deactivation of subordinate units, commanders ensure each supervisor submits a written report to:
1. Account for all equipment issued to personnel under their supervision; and
2. Record the name, badge number, dates, times, and assignments for each member under their supervision.

B. Upon conclusion of all activities related to a spontaneous event:
1. All commanders prepare an after-action report which is submitted to the Incident Commander within ten (10) days.
The after-action report contains a complete and detailed account of the operation of subordinate units under their command during the event.
2. The Incident Commander prepares a final report detailing the Department response to the event.
This report is submitted, along with a copy of the Command Post Journal, to the Chief of Police within thirty (30) days.
3. The Fiscal Planning Manager prepares an operational cost report which is submitted to the Office of the Chief.

C. After-action critiques are conducted at the direction of the Chief of Police or the Incident Commander.

580
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San Antonio Police Department
GENERAL MANUAL
Procedure 903 – Sworn Personnel Transfers

.01 INTRODUCTION
A. This procedure establishes a transfer system for officers holding the ranks of Patrol Officer, Detective Investigator, and Sergeant that provides for the proper staffing of the Department, as well as allowing for professional growth and increased job knowledge among sworn members.

B. Officers holding the ranks of Assistant Chief, Deputy Chief, Captain, and Lieutenant are transferred at the discretion of the Chief of Police and are not governed by this procedure.

.03 GENERAL PROVISIONS
A. The Chief of Police has the exclusive right to transfer employees within the department to accomplish the mission and goals of the department in the most effective and efficient manner.

B. Newly hired officers are required to serve in the patrol shifts of the Patrol Divisions until the end of their one (1) year probationary period, unless an overriding departmental need exists and a transfer is authorized by the Chief of Police.

C. An officer limited by physical disabilities or restrictions, who cannot be placed on regular duty assignment, may be transferred at the discretion of the Chief of Police.

D. All other transfers, including intra-divisional transfers, are governed by this procedure.

E. The guarantees afforded under this procedure do not apply to special assignments.
Special assignments are approved by Division Commanders.
Officers placed on special assignment on an involuntary basis shall work the assignment for a maximum of sixty (60) calendar days.
Officers placed on special assignment on a voluntary basis may work the assignment for a maximum of one hundred and eighty (180) calendar days.

F. This procedure does not affect the special drafting or assignment procedures for those divisions with no transfer requests on file.

G. Administrative and limited duty assignments are made through the Office of the Chief.

H. When an officer is involuntarily transferred all pending transfer requests remain valid.
The officer is eligible to submit transfer requests immediately with no time constraints.

I. An officer is not allowed to work under the direct supervision of a relative.
Relatives may be co-workers in the same division in non-supervisory positions.

J. There is no stigma attached, nor is there any retaliation, toward an officer who chooses to use this procedure.

A

.04 REQUESTS FOR TRANSFERS
(EXCLUDING SHIFT CHANGES WITHIN THE PATROL SHIFTS OF THE PATROL DIVISION)

A. Officers wishing to transfer, excluding transfers to a patrol shift of the Patrol Division, shall enter their transfer request(s) in the Police Career Activities System (PCAS) through COSANET on an office terminal.
1. There is no limit to the number of transfer requests an officer may enter into the Police Career Activities System.
2. When entering a transfer request, officers must enter the following information in the appropriate computer screen fields before the computer system will accept the transfer request:
a. The three (3) letter office designation for the unit the officer is wanting to transfer into below the word “Office”;
b. The six (6) number activity code for the unit the officer is wanting to transfer into below the word “Activity”; and
c. A number for the priority of the transfer request below the word “Priority.”
The number “1” being the officer’s first choice, the number “2” being the officer’s second choice, etc.
3. The entering of a transfer request into the Police Career Activities System does not guarantee a transfer, but only ensures consideration of the request, a review of his record, and possibly an interview.
4. After officers enter their transfer requests into the Police Career Activities System, they may print out the form for their own records.

B. Officers assigned to any unit other than a Patrol Shift, wishing to transfer to a Patrol Shift of the Patrol Division must submit an Interoffice Memorandum through the chain of command requesting a transfer to a patrol shift of the Patrol Division.

C. If approved, the Interoffice Memorandum is forwarded to the Manpower Allocations Detail by the Division Commander’s office.

D. When the Manpower Allocations Detail receives the Interoffice Memorandum, the officer will be considered for transfer to a Patrol Shift, depending on staffing needs of the Patrol Division.

.05 CANCELLATION OF TRANSFER REQUESTS
A. An officer wishing to withdraw a request for transfer may delete the transfer request from the Police Career Activities System (PCAS) database through COSANET.

B. When an officer is promoted or voluntarily transferred, all transfer requests of that officer on the Police Career Activities System are invalidated.

C. Any transfer request on the Police Career Activities System expires after a period of twelve (12) months.
It is the responsibility of the individual officer to ensure his/her transfer request(s) are current.

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San Antonio Police Department
GENERAL MANUAL
Procedure 903 – Sworn Personnel Transfers

.06 TRANSFER PROCEDURE
(EXCLUDING SHIFT CHANGES WITHIN THE PATROL SHIFTS OF THE PATROL DIVISION)

A. When Division Commanders are authorized to fill a current vacancy or newly created position, the Division Commanders shall request the position be advertised in the Daily Bulletin for a period of not less than Four (4) calendar days.
Only Division Commanders shall request the list of qualified candidates from the Manpower Allocations Detail.

B. The Manpower Allocations Detail provides the Division Commander with a list of qualified candidates requesting transfer to that division, in order of the date and time of request.

C. Officers entering transfer requests into the Police Career Activities System after the date and time a Division Commander requests a list from the Manpower Allocations Detail are not included on the list of qualified candidates.
Their transfer requests will remain in the Police Career Activities System in the event of another vacancy in that position.

D. Qualified candidates who believes their name has been omitted from the list, he should immediately notify the Supervisor of the Manpower Allocations Detail in writing.
The Manpower Allocations Detail supervisor will review the circumstance of the qualified candidate being omitted from the list and make a decision as to whether the officer is added to the list or not.

E. Should the Division Commander eliminate all candidates on a list or should no requests be pending, the position is readvertised in the Daily Bulletin.
The vacancy advertisement will include sufficient details describing job tasks and skills needed to meet demands of the job.

F. Division Commanders will review applicant list and select the most qualified applicants to be interviewed.
Division Commanders will prepare a list of questions relating to the position and each applicant will be asked the same questions.
Follow-up or clarifying questions need not be the same.

G. Division Commanders will establish an interview panel that will consist of at
least three (3) members.
Interview panel will be diverse in gender and ethnicity; an interview panel will consist of at least one (1) female panel member regardless of candidates being considered.
Applicants selected for interview will be interviewed by same panel members.

H. The interview panel shall have three (3) basic choices with respect to candidates. They may:

  1. Recommend an officer for selection;
  2. Not recommend an officer, but leave officer’s name on the list for future consideration; or
  3. Reject the officer and remove officer’s name from the list for cause.

I. Interview panel will forward recommended candidates without ranking the candidates to the Division Commander and will maintain confidentiality until the final selection has been approved.

J. Division Commander shall forward the names of finalists selected for review and approval to their respective Bureau Commander.
If there is no Division Commander or Bureau Commander in the chain of command, the names of finalist selected for review and approval will be forwarded to the Section Commander.

K. After the Bureau Commander has made a final selection, the Division Commander notifies the officer selected and sends each officer who applied but not selected, a memorandum stating:

  1. Applicant was not selected;
  2. Whether Applicant will remain on the list or be removed for cause; and
  3. The name of a supervisory officer in the division whom the Applicant may contact to discuss the decision, if Applicant desires.
L.  Within fourteen (14) calendar days of receiving a written rejection, all officers who hold the rank of Patrol Officer or Detective Investigator who have applied for a position through PCAS and who were not selected, and who request the same *in writing* through the chain of command to the *Captain of the Unit* to which the officer was not selected, shall be given the reason for rejection in writing within **fourteen (14) calendar days** of the date the request was received by the non-selecting Captain. 
Within fourteen (14) calendar days of receiving a written rejection, an affected officer may submit a written appeal to the *Deputy Chief* who supervises the *non-selecting Captain*. 
The *Deputy Chief* shall affirm the rejection or overturn the rejection in writing within fourteen (14) calendar days of receipt of the appeal.

M. The Bureau Commanders’ decisions regarding the selection of personnel are final.
The Chief of Police does not hear appeals from individuals not selected.

N. When an officer selected for a position indicates the officer would no longer like to accept the position, the officer’s request for that position is removed from the Police Career Activities System by the Manpower Allocations Detail at the request of the Division Commander offering the position.

O. The Office of the Chief ensures the transfer procedure was complied with and directs the proper transfer order to be prepared by the Manpower Allocations Detail.

A

.07 NOTIFICATION OF TRANSFER
A. Division Commanders receive notification of approval or any denial of transfers from their respective Bureau Commander.

B. Division Commanders receive notification of the effective date of any transfer from the Manpower Allocations Detail.

C. All officers to be transferred are notified by the Office of the Chief.

.08 REQUESTS TO FILL SHIFT AND RELIEF DAY VACANCIES WITHIN THE PATROL SHIFTS OF THE PATROL DIVISION

A. Shift Change and Relief Day System (SCHARDS) requests are the basis from which all shift and relief day vacancies within the patrol shifts of the Patrol Division are filled.

B. Officers being assigned to different shifts and officers who are only receiving relief day changes are personally responsible for updating their SCHARDS request within seventy-two (72) hours by making any necessary corrections, additions, or deletions.

C. All officers should retain a dated copy of their transfer request.
Should an officer feel that he/she has been unjustly or erroneously transferred, the officer can make an appointment with the Manpower Allocations Detail supervisor to discuss the issue if he/she presents a dated copy of a transfer request that shows an error has been made.

.09 PROCEDURE FOR FILLING SHIFT AND RELIEF DAY VACANCIES WITHIN THE PATROL SHIFTS OF THE PATROL DIVISION
A. Police Officers
1. Shift and relief day vacancies for Police Officers within the patrol shifts of the Patrol Division are filled by the Manpower Allocations Detail from current SCHARDS requests.
2. When a shift or relief day vacancy occurs due to an officer leaving a patrol shift of the Patrol Division, the shift director notifies the Manpower Allocations Detail, which determines if the vacancy is to be filled.
3. The creation of new relief days and the elimination of vacant relief days are determined by the Manpower Allocations Detail.
4. The cut-off date for consideration in filling any shift or relief day vacancy is the date the original change order is developed by the Manpower Allocations Detail.
Officers who enter relief day or shift change requests into SCHARDS after that date are excluded from that particular shift or relief day change order.

B. Sergeants and Lieutenants
1. Consideration for filling shift and relief day vacancies for Sergeants and Lieutenants within the patrol shifts of the Patrol Division is based, in part, on current SCHARDS requests.
2. Selections for shift vacancies within a particular patrol section are subject to the approval of the
Patrol Section Commander.
3. Selections for shift vacancies between patrol sections are subject to the approval of the
Patrol Division Commander.
4. Selections for relief day vacancies only are on the basis of seniority from SCHARDS requests.
5. The cut-off date for consideration in any shift or relief day change is the date the original change order is developed by the Manpower Allocations Detail.
Sergeants and Lieutenants who enter shift or relief day change requests into SCHARDS after that date are excluded from consideration for that particular shift or relief day change order.

.10 RETURN OF ISSUED EQUIPMENT PRIOR TO TRANSFER OR SHIFT CHANGE

Members of all ranks, prior to transferring to another unit, shall turn in all unit-issued equipment, unless the issued equipment is to be used by the member in his new assignment.

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San Antonio Police Department
GENERAL MANUAL. Procedure 706
– Assaults on Peace Officers -

.01 INTRODUCTION

The purpose of this procedure is to establish a process for officers to follow when handling Assaults/Aggravated Assaults on peace officers.
This procedure assists the officer in gathering evidence necessary for the successful prosecution of the suspect(s).

.02 PROCEDURE
A. When an officer has established an assault on a peace officer has occurred and the actor(s) are going to be arrested or filed on for Aggravated Assault on a Peace Officer, the following guidelines are followed.

B. An attempt should be made to contact a
follow-up Homicide or Night CID Unit Investigator when available.
If available, the investigator may request all witnesses, suspects, and complainant(s) be transported to Headquarters for statements and photos.
Should follow-up investigators not be available, copies of all reports are routed to the Homicide Unit.

C. Officers’ injuries are photographed as soon as possible.
Should an officer be transported to a hospital for medical treatment and a photograph cannot be taken, the officer is advised to contact the Homicide Unit to make arrangements for photographs.

D. Officers, who are complainants, do not write their own offense report.
Another officer is assigned the reporting responsibilities.
Officers who are complainants write supplementary reports on an incident report form.

E. Other officers who are witnesses, or who were involved in any part of the incident, write a supplementary report.

F. The offense report documents the following information:

  1. Names of complainants, witnesses, and suspects;
  2. Details of the incident;
  3. Injuries sustained to the complainant or suspect;
  4. Medical treatment received by complainant or suspect; and
  5. Photographs of the complainant’s or suspect’s injuries.
A

G. In the event the officer receives medical treatment, the officer signs SAPD Form #69, Medical Release, for the District Attorney’s Office. The medical release can be signed at the Night CID Unit or the Homicide Unit office.

H. A uniformed supervisory officer is dispatched on all assaults on a peace officer where an arrest is made.

  1. The supervisor writes the proper injured officer reports and initiates the Workers’ Compensation documentation in accordance with GM Procedure 916, Worker’s Compensation.
  2. A copy of the Workers’ Compensation documentation is forwarded to Homicide Unit to be included with the case for filing in the District Attorney’s Office.
583
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San Antonio Police Department
GENERAL MANUAL
Procedure 806 – Mobilization

.01 INTRODUCTION

A. In unusual occurrences, effective control depends upon the immediate activation and deployment of police manpower and resources to allow the Department to quickly re-establish order, in conjunction with other agencies.

B. Supervisors at the scene of an unusual occurrence must continually assess the situation to determine the proper allocation and utilization of manpower and resources.
This evaluation should not focus primarily on the present requirements, but on future needs as well.

C. The periodic redistribution of manpower to maintain order, establish control, and accomplish law enforcement objectives is essential in a decentralized police environment.
With this understanding, this procedure is designed to provide an immediate and organized recall of personnel necessary to deal with those situations which are of such magnitude the on-duty manpower is insufficient to manage the incident.
Additionally, this procedure provides for requests for support from other agencies through mutual aid agreements.

D. Although this procedure is designed for all types of unusual occurrences, it is designed to supplement, not replace, those procedures applicable to the recall of special response teams.
(i.e., Hostage Negotiators, SWAT, Bomb Squad and the Tactical Response Unit).

.03 MOBILIZATION PHASES

Phase I is implemented for an unusual occurrence when the total manpower and resources assigned to the on- duty Patrol Division:

a. Cannot control the occurrence;
b. Cannot provide adequate coverage to other sections of the City; or
c. Cannot conclude the occurrence within a reasonable length of time.

A field command post is established and the necessary radio frequencies are assigned and dedicated specifically for the unusual occurrence operations in accordance with GM Procedure 802, Unusual Occurrences and Critical Incidents.

Phase I recalls the necessary off-duty personnel, including their respective supervisory and command officers, assigned to the oncoming shifts, in the following order:

a. Off-duty Traffic Section personnel assigned to report to the oncoming shift;
b. Off-duty Patrol Section personnel assigned to report to the oncoming shift for the service area responsible for the occurrence;
c. Off-duty Patrol Section personnel assigned to report to the oncoming shift for adjacent service areas; and
d. Off-duty Investigations Division personnel assigned to report to the oncoming shifts.

Implementation of Phase I is initiated by the Command Officer who was notified and responded in accordance with GM Procedure 314, Command Notification.

Notice of Phase I implementation is made to:

a. The Deputy Chief(s) assigned to Patrol Division(s); and
b. The Chief of Police, or, in his absence, the Acting Chief of Police.

The Emergency Management Coordinator (EMC) is alerted.

A

Phase II

Phase II is implemented when the occurrence has reached a condition where the total manpower and resources mobilized in Phase I are not adequate to control the situation or to adequately protect the lives and property of the citizens of San Antonio.

Phase II requires the recall of all Departmental personnel.

All leave, training, and support activities are canceled (excluding injury and sick leave).

Mutual aid from the Bexar County Sheriff’s Department and Texas Department of Public Safety may be requested.

The Chief of Police or, in his absence, the Acting Chief of Police, will authorize the implementation of Phase II based on recommendations from the Command Officer who responded to the initial incident.

Notice of Phase II implementation is made to the City Manager, Mayor and Emergency Management Coordinator.

The activation of the City of San Antonio Emergency Operations Center is determined and made by the City Manager or Mayor.

Phase III

Phase III is implemented when the unusual occurrence has reached such a catastrophic condition the situation cannot be controlled by the combined resources of the City and county law enforcement agencies. State and Federal assistance is requested.

All requests for State or Federal disaster relief assistance, including the National Guard, must be made through the Emergency Management Coordinator (by authority of the Mayor).
This request is made to the Texas Division of Emergency Management through the District Disaster Committee Chair (DPS Captain), Region 3B, and Texas Department of Public Safety.

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San Antonio Police Department
GENERAL MANUAL
Procedure 806 – Mobilization

.04 MOBILIZATION RECALL

A. This section is applicable to the recall of personnel, regardless of the phase.

B. The notification message shall be formatted to inform the member of:

  1. the phase status of the Department,
  2. a brief description of the unusual occurrence,
  3. the required equipment, and
  4. the location and time to report for assignment.
A

C. All sworn members are to report in the regulation uniform, unless instructed otherwise.

D. Phase I

  1. The Incident Commander
    a. Determines the number of necessary personnel from the oncoming shifts to be recalled;
    b. Decides if relief days, vacation, training, and support activities are canceled; and
    c. Notifies the on-duty Communications Unit shift supervisor of the personnel designated to recall.
  2. The Communications Unit Shift Supervisor
    a. Notifies:
    (1) The Office of the Chief;
    (2) The Deputy Chief(s) assigned to the Patrol Division(s); and
    (3) The Emergency Management Coordinator.
    b. Directs and supervises the notification of all command personnel assigned to the oncoming units or shifts designated to be recalled; and
    c. Initiates a follow-up notification of all
    non-supervisory personnel assigned to the
    on-coming units or shifts designated to be recalled, thereby ensuring notification of all affected personnel.
  3. Notified Service Area, Shift, and Unit Commanders notify their respective oncoming supervisory personnel.
  4. Apprised supervisory personnel notify their respective oncoming subordinates.
585
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San Antonio Police Department
GENERAL MANUAL
Procedure 806 – Mobilization
.04 MOBILIZATION RECALL

E. Phase II and Phase III

  1. All relief days, vacations, training activities, support activities, and other leave (except sick and injury leave) are automatically canceled.
  2. The Incident Commander notifies
    a. The on-duty Communications Unit Shift Supervisor; and
    b. The Office of the Chief.
  3. The Office of the Chief notifies the Office of the City Manager and Mayor.
  4. The Communications Unit Shift Supervisor directs and supervises the:
    a. Notification of all Division, Section, Service Area, Shift, and Unit Commanders and upon completion;
    b. Initiates a follow-up notification of all
    non-supervisory members, thereby ensuring notification of all personnel.
  5. Division, Section, Service Area, Shift, and Unit Commanders notify their respective supervisory personnel.
  6. Subordinate commanders notify their respective subordinates.
  7. The Incident Commander may request television and radio stations to assist in the recall of personnel.
A

.05 ASSIGNMENT OF PERSONNEL

A. The Incident Commander ensures the recalled members receive specific assignments.
Assignments are prioritized and given at the staging area.
Assignments may be divided into four (4) categories:
1. Relief of on-duty members;
2. Containment at the scene or control of the perimeter surrounding the occurrence;
3. Provide service coverage to other sections of the city; and
4. Assignments involving specialized needs are coordinated with the appropriate specialized unit commander.

B. The Incident Commander determines the need for a twelve (12) hour shift operation.
The twelve (12) hour shifts are identified as follows:
1. The first shift is identified as ALPHA.
2. The second shift is identified as BRAVO.

.06 OPERATIONS
All Department operations are conducted in accordance with Department procedures relative to the occurrence and the Emergency Operations Plan for the City of San Antonio.

586
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San Antonio Police Department
GENERAL MANUAL. - Procedure 807 –
Terrorism Preparedness

.01 INTRODUCTION

A. This procedure establishes the San Antonio Police Department’s levels of preparedness for possible terrorist activities within the City of San Antonio and to Department personnel or facilities.
Possible terrorist activities range from rumors of terrorism to actual acts of terrorism being carried out.

B. The Emergency Operations Center of the City of San Antonio is the primary conduit for all Homeland Security alerts.
The Emergency Operations Coordinator is responsible for providing notification to the Mayor, Council Members, City Manager, and department heads regarding any changes in the alert level.

C. The Commander of the Homeland Security Section serves as the Law Enforcement Liaison to the Emergency Operations Center of the City of San Antonio.

D. Once the City of San Antonio has implemented the Emergency Management–Basic Plan or the Department has implemented GM Procedure 806, Mobilization, this procedure will supplement that plan and procedure.

.02 PURPOSE

This procedure is designed to ensure all Department personnel, from Headquarters Building, Substations, and all other police facilities are aware of possible terrorist activities and are on an appropriate level of alert.

A

.04 READINESS LEVELS AND MEASURES OF PREPAREDNESS
A. Normal Conditions
1. The member assigned to security at Headquarters Building will implement appropriate security measures in accordance with the Service and Support Division standard operating procedures.
2. Patrol Division Station Commanders will implement appropriate security measures at substations and instruct patrol officers to do the following:
a. Patrol their assigned districts and be available for calls or special assignments.
b. Monitor areas close to large buildings, giving special attention to abandoned vehicles or suspicious packages left unattended.
3. The officers assigned to security at all other police facilities will implement appropriate security measures in accordance with the standard operating procedures at their respective police facilities.
4. The Tactical Support Division Commander will implement security measures to include the following:
a. Details of the Special Operation Unit will shift their training focus to such items as chemical/biological response, search and rescue, bomb training, and negotiation issues involving extremist groups.
b. Traffic Shift officers will monitor all expressway systems and immediately report any unusual contacts. Special attention should be given to abandoned vehicles on the roadways. Hazardous material routes will be strictly enforced.

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San Antonio Police Department
GENERAL MANUAL. - Procedure 807 –
Terrorism Preparedness

.04 READINESS LEVELS AND MEASURES OF PREPAREDNESS

B. Increased Readiness - Watch Conditions
1. The officer assigned to security at Headquarters Building will increase security measures to include:
a. Strictly enforce entry into Headquarters Building.
b. Start patrols around Headquarters Building.
2. Patrol Division Station Commanders will increase security measures at substations to include the following:
a. Assign officers at substations to prevent unauthorized entry.
b. All officers will receive briefings at roll-calls of any terrorist threats or changes in threat levels.
c. Officers will be instructed to report any suspicious activity in their districts.
d. Unit/shift directors will review and update all personnel information and maintain a hard copy of employee addresses and telephone numbers.
e. Consumable supplies will be inventoried, and if needed, replenished.
3. The officers assigned to security at all other police facilities will increase security measures in accordance with the standard operating procedures at their respective police facilities.
4. The Tactical Support Division Commander will increase security measures to include the following
a. All officers will receive briefings at roll-calls of any terrorist threats or changes in threat levels.
b. All SWAT and Bomb Squad personnel will be placed on a higher state of readiness.
Chemical/biological equipment will be checked and carried during normal duty hours.
c. Traffic officers will start patrolling around areas of specific interests, such as large crowded locations, government buildings, and airports.
d. All emergency response equipment will be re-inventoried and checked for readiness.
e. Contact will be made with the Texas Department of Transportation, TransGuide Office, to review any anticipated road closures, detours, or construction activities.
f. Unit/Shift Directors will review and update all personnel information and maintain a hard copy of employee addresses and telephone numbers.
g. Consumable supplies will be inventoried, and if needed, replenished.

C. High Readiness - Warning Conditions

  1. The officer assigned to security at Headquarters Building will increase security measures to include:
    a. Keep access to Headquarters Building to authorized personnel only.
    b. Increase patrols around Headquarters Building.
    c. Check/search all deliveries and personal items entering Headquarters Building.
    d. Allow no parking around Headquarters Building.
  2. Patrol Division Station Commanders will increase security measures at substations to include the following:
    a. No vehicles will be allowed close to the substation building.
    b. Officers will stop and detain any suspicious vehicles or persons.
    c. Any other security measures deemed necessary by the Patrol Section Commanders.
  3. The officers assigned to security at all other police facilities will increase security measures in accordance with the standard operating procedures at their respective police facilities.
  4. The Tactical Support Division Commander will increase security measures to include the following:
    a. SWAT Detail personnel will begin providing twenty-four (24) hour security for specific locations to include, but not limited to the S. A. International Airport and federal buildings.
    b. Bomb Squad personnel and alternates will begin working the same shift.
    c. Traffic Shift personnel will be given assignments based on directions from the Tactical Support Division Commander.

D. Maximum Readiness - The Event

  1. GM Procedure 802, Unusual Occurrences and Critical Incidents, will be implemented and the Incident Commander will be in charge of overall operations and direction of officers and units assigned to the terrorist act.
  2. Depending on the scope of the terrorist act, the Incident Commander may implement Phase I of GM Procedure 806.
  3. The Chief of Police, if not already on the scene, will be notified and take command of all Departmental operations.
  4. If a higher phase than Phase I of GM Procedure 806 is required to handle the terrorist act, the Chief of Police will implement Phase II and notify the City Manager, Mayor, and Emergency Management Coordinator.
  5. If and/or when the City Emergency Operations Center (EOC) opens, all commanders will coordinate their activities through the EOC
A

.05 PERSONNELDEPLOYMENT/RE-DEPLOYMENT PLANS

Division Commanders will maintain deployment/re-deployment plans for their respective divisions to address each level of readiness an act of terrorism might require.

.06 IMPLEMENTATION OF THREAT LEVELS
A. Any information received by any member, from other agencies or contacts, concerning possible terrorist activities or changes in threat levels shall immediately be relayed to the Commander of the Homeland Security Section, or his designee.

B. The Commander of the Homeland Security Section, or his designee, will determine the validity of the information received and any action necessary, based on the information.

C. The Chief of Police, or his designee, will implement the appropriate threat levels during normal business hours.

D. The Night Commander or Deputy Chief designated as the Duty Officer in accordance with GM Procedure 314, Command Notification, will implement the appropriate threat levels after normal business hours, on weekends and holidays.
The Night Commander or the Duty Officer will notify the Chief of Police, or his designee, when a threat level is implemented and of any changes in threat levels.

588
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San Antonio Police Department
GENERAL MANUAL. - Procedure 807 –
Terrorism Preparedness

.07 ASSIGNMENT OF CALLS
A. The Chief of Police, or his designee, will designate the unit or units that will respond to calls related to acts of terrorism.

B. Tactical Support Division officers who have been trained and supplied with the proper protective equipment will normally be the primary or first responders to calls involving acts of terrorism.

C. Patrol Division officers will be assigned to calls involving acts of terrorism, if necessary.

.08 TRAINING
A. The Department will provide training to all officers responsible for making calls involving acts of terrorism.
B. The level and degree of training provided will depend on an officer’s assignment and/or the probability of the officer being assigned to calls involving acts of terrorism.

A

.09 RESPONSE FOR A SUSPICIOUS LETTER OR PACKAGE
A. Communications Unit call takers, upon receiving a call for a suspicious letter or package, will obtain as much information as possible, including the complainant’s name and telephone number.
B. When Special Operations Unit or Traffic Shift officers are on-duty, they will be dispatched to make an initial assessment.
1. If the suspicious item is an unopened letter, the officer will interview the complainant. If the officer determines there is nothing to indicate the letter contains hazardous materials, the officer will instruct the complainant to place the unopened letter into a plastic baggie, seal the baggie and dispose of the item in their trash receptacle.
2. If the suspicious item is an opened letter, or an unopened letter with some indication the letter might contain hazardous materials, the San Antonio Fire Department Hazardous Materials Response Team will be called to process the letter.
3. If the suspicious item is a package, the Bomb Squad and the Fire Department Arson Unit will be called to process the package.
4. If the suspicious item is an opened package, or there is visible residue from a closed package, the Fire Department Hazardous Materials Response Team, Bomb Squad, and Fire Department Arson Unit will be called to process the package.

C. When Special Operations Unit or Traffic Shift officers are not available, a Patrol Division officer and supervisor will be dispatched to make an initial assessment.

  1. If the suspicious item is an unopened letter, the officer and supervisor will interview the complainant. If the officer and supervisor determine there is nothing to indicate the letter contains hazardous materials, the officer will instruct the complainant to place the unopened letter into a plastic baggie, seal the baggie and dispose of the item in their trash.
  2. If the suspicious item is an opened letter, or an unopened letter with some indication the letter might contain hazardous materials, the San Antonio Fire Department Hazardous Materials Response Team will be called to process the letter.
  3. If the suspicious item is a package, the Bomb Squad and Fire Department Arson Unit will be call to process the package.
  4. If the suspicious item is an opened package, or there is visible residue from a closed package, the Fire Department Hazardous Materials Response Team, Bomb Squad, and Fire Department Arson Unit will be called to process the package.

D. When an officer responds to a call for a suspicious letter or package, if there is a suspicion the letter or package contains a hazardous material or there is visible residue, the officer will secure the scene and hold all persons at the scene for possible decontamination.

.10 INTERDEPARTMENT/INTEROFFICE MAIL
A. Due to concerns regarding suspicious letters and packages, the Police Department has formalized the process for routing correspondence within the Police Department and between the Police Department and other City Departments.

B. Any member needing to send interdepartmental or interoffice correspondence shall adhere to the following guidelines:

  1. Use E-mail and Faxes as much as possible (Faxes require a cover sheet);
  2. Interdepartmental and interoffice correspondence requires a routing slip. The routing slip must be completed, clearly and legibly identifying the sender, receiver, department, subject, etc.
  3. Minimize the use of envelopes. Most correspondence can be folded and the routing slip attached to the folded correspondence.

.11 INCOMING MAIL
A. The use of the Department’s address is restricted to “Official Business Only.”

B. Members being asked for the Department’s address in order for a letter or parcel to be sent shall give the following addresses:
1. Letters shall be sent to the Department’s Post Office Box address. The address is:
San Antonio Police Department,
P.O. Box 839948,
San Antonio, Texas 78283.
2. Parcels shall be sent to the Department’s street address. The address is:
San Antonio Police Department,
214 W. Nueva,
San Antonio, Texas 78207.

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San Antonio Police Department
GENERAL MANUAL
Procedure 809 – Active Shooter Incidents -

  1. INTRODUCTION
    A. This procedure establishes guidelines for responding to Active Shooter Incidents by assigning responsibilities to initial responders and identifying other critical functions.
    B. This procedure provides guidance for police response during ongoing violent events which may be very chaotic, rapidly evolving, and unpredictable.
  2. DISCUSSION
    A. Suspected Active Shooter Incidents require coordinated efforts among first response agencies to ensure the preservation of life and security of their missions.
    Use of Unified Command protocol enhances proper command, control, communication, cooperation, and organizational functions, allowing field supervisors to concentrate on the tactics required to stabilize the incident.
    Use of Rescue Task Force (RTF) teams increases a victim’s probability of surviving an incident.

B. Initial responding officers play a critical role in the intervention and ultimate resolution of these events, and they may be forced to deviate from procedures due to the totality of the circumstances encountered.

C. If an incident originally classified as an Active Shooter Incident changes into a Hostage Barricade Crisis, the incident should be reclassified as a Critical Incident and handled in accordance with GM Procedure 802, Unusual Occurrences and Critical Incidents.

D. This procedure is designed to be augmented by GM Procedure 314, Command Notification, and Section 800, Emergency Operations, as needed.

  1. POLICY
    A. Every officer of the San Antonio Police Department is committed to maintaining a safe environment and to taking necessary immediate action when the safety of innocent lives is at stake.
    The Department’s ultimate goal in dealing with Active Shooter Incidents is to protect human lives.

B. It is the Department’s policy to resolve Active Shooter Incidents in a manner which employs training and experience of personnel utilizing techniques designed to stop the loss of life by isolating, distracting or neutralizing actions of an Active Shooter and expedite medical treatment of injured victims.

C. All officers involved in an Active Shooter Incident should wear body armor available to them and attempt to make use of specialized equipment (ballistic shields, shoulder weapons, etc.), if possible.

A
  1. DEFINITIONS

A. Active Shooter – An individual actively engaged in killing or attempting to kill people.
In most cases, active shooters use firearms and have no pattern or method to their selection of victims.
An “Active Shooter” includes anyone who uses any deadly weapon (knife, club, explosives, etc.) to continuously inflict death or serious bodily injury.

B. Active Shooter Incident – Per the
National Tactical Officers Association, “one or more subjects participate in a random or systematic shooting/killing spree, demonstrating their intent to continuously harm others.
An Active Shooter’s overriding objective appears to be that of inflicting death or serious bodily injury on a mass scale, rather than criminal conduct such as robbery, kidnapping, etc.”

C. Casualty Collection Point (CCP) – A designated location within the Warm Zone with security measures allowing assemblage of nearby casualties needing medical care.

D. Common Channel - A system-wide talk-group programmed into all radios for use by users on the COSA radio system.
The Common Channel can be quickly accessed by turning the radio select knob all the way to the right (position 16) regardless of the “fleet” the radio is set to monitor.

E. Contact Team – A group of 2-5 officers who move in a coordinated effort into the hot zone to address a threat.

F. Driving Force – A set of circumstances which would lead a reasonable person to believe that there is an imminent threat of death or serious bodily injury to another person, which would prompt an officer to take immediate action in an effort to mitigate the threat.
E.g.; gunfire is heard, someone is actively slashing with a knife, sounds of injured persons, actionable intelligence that victims need immediate lifesaving medical care, etc.

G. Forward Command Post (FCP) – A specified tactical location within the Warm Zone identified and established by a supervisor in order to command the incident and direct responding officers and other resources in a coordinated fashion.

H. Hostage Barricade Crisis – An incident in which one or more terrorists or criminals hold an individual(s) against his will and try to hold off the authorities by force, threatening to kill the hostage(s) if provoked or attacked.
In a hostage barricade crisis, the primary objective is usually not to inflict death or serious bodily injury on a mass scale, but instead to use the hostages as a bargaining tool.

I. Rescue Task Force (RTF) – A team comprised of no more than **8 first responders
(1 law enforcement officer per Fire/EMS member) that deploys in the Warm Zone to provide immediate medical care and evacuation of casualties.

J. Unified Command- An organized team effort which allows all involved agencies with jurisdictional authority or functional responsibility for the incident to jointly provide management direction through a common set of objectives and strategies and a single Incident Action Plan (IAP).

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GENERAL MANUAL
Procedure 809 – Active Shooter Incidents -

  1. INCIDENT DETERMINATION
    A. First arriving officers must be aware it is critical to distinguish the difference between an Active Shooter Incident and a Hostage Barricade Crisis in order to prepare an appropriate response, understanding dynamics may change rapidly.

B. If determined to be an Active Shooter Incident, the response should be rapid and in keeping with the following goals:

  1. Stop the threat.
  2. Secure the immediate area.
  3. Treat the injured/wounded.
  4. Use Rescue Task Force teams.
  5. Secure the crime scene.
  6. Establish and maintain unobstructed ingress/egress routes for emergency response vehicles.
  7. Establish security details for all critical incident facilities including but not limited to: command posts, staging areas, casualty collection points, triage, treatment, and transportation areas, and temporary shelters.

C. If determined to be a Hostage Barricade Crisis, be prepared to follow the standard police response to a Hostage Barricade Crisis, in line with the 5-C’s:

        1. 5.
    1. Contain
    2. Control
    3. Communicate
    4. Call Special Operations (SWAT/Crisis Negotiators, Bomb Squad, K9)
    5. Create a Plan of Action
A
  1. INITIAL RESPONDING OFFICERS

A. All available officers, including supervisors, from the affected Service Area and adjacent Service Areas will respond or be dispatched to the scene of an Active Shooter Incident.

B. The primary objective of every responding officer is to isolate, distract, or neutralize the actions of an active shooter.

C. Arriving officers shall immediately proceed to the area of the incident to isolate, distract, or neutralize the threat.
Officers shall proceed alone, if necessary, when Driving Forces are present.

D. Immediately after accomplishing the primary objective, officers will focus on preventing the loss of life by identifying and providing point-of-injury care to victims and facilitating the immediate deployment of Rescue Task Force teams as required.

E. Upon arrival, while focusing on the primary objective, assess and communicate the tactical situation:

  1. Number of actors, descriptions, and last known locations;
  2. Type of weapon(s) being used;
  3. Other pertinent tactical information readily available.

F. When multiple officers arrive simultaneously, they shall proceed as a 2-5 officer contact team.

G.  All tactics employed should be guided by these basic principles:
   1.   Communicate
   2.   Stay together
   3.   Provide 540 degrees cover
   4.   Work the Angles
   5.   Threshold Evaluation
   6.   Speed of Movement 
(only move as fast as you can think and shoot accurately)
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San Antonio Police Department
GENERAL MANUAL
Procedure 809 – Active Shooter Incidents -

  1. RESPONDING SUPERVISORS
    A. First Supervisory Officer on Scene:
  2. Focus on the primary objective to
    isolate, distract, or neutralize the actions of an active shooter while assessing and communicating the tactical situation.
  3. Arriving supervisory officers shall immediately proceed to the area of the incident to
    isolate, distract, or neutralize the threat.
    Supervisors shall proceed alone, if necessary, when Driving Forces are present.
  4. When supervisory officers arrive simultaneously with the initial responders, they shall proceed as a 2-5 officer contact team.
  5. All tactics employed should be guided by the basic principles, in accordance with Section .06 G.

B. Forward Command Post Supervisor

  1. The first supervisory officer arriving and not needed for immediate engagement will assume command and become the
    * Forward Command Post Supervisor* to focus on the tactics and strategies required to resolve the incident.
  2. Responsibilities of Forward Command Post Supervisors:
    a. Identify and establish a Forward Command Post and announce its location via police radio.
    b. Provide instructions to responding officers/supervisors and other resources reporting to the Forward Command Post.
    c. Establish perimeters
    (hot, warm, and cold zones).
    d. Liaison with responding agencies at the Forward Command Post.
    e. Liaison with San Antonio Fire Department (SAFD) supervisor to coordinate the joint response of Rescue Task Force teams to treat injured victims in the affected area as soon as they are requested.
    f. Request appropriate Tactical Medic officers and Patrol rifle program officers.
    g. Request appropriate Special Operations Unit resources.
    h. Request EMS (MSOU).
    i. Ensure ingress and egress routes are clear for emergency vehicles.
    j. Assess the need for additional officers.
    k. Notify the dispatcher if and when responding units need to switch to the Common Channel for further instructions.
    l. Ensure instructions are provided on the Common Channel to responding officers.
    m. Evacuate those sheltered when safe to do so.

C. Incident Commander:
1. Once a Forward Command Post Supervisor is established, the next supervisor arriving on scene and not needed for immediate engagement will become the Incident Commander.
2. The Incident Commander will have overall command and control of all police activity and resources until relieved in accordance with
GM Section 800, Emergency Operations.
3. Responsibilities, as required:
a. Establish a Unified Command Post consisting of representatives from all responding agencies,
b. Establish Staging Area,
c. Establish a Department liaison to
Unified Command until relieved by a
supervisory officer,
d. Ensure Command Notification is accomplished in accordance with General Manual Procedure 314, Command Notification of Unusual Occurrence, Critical Incident, or Police Incident,
e. Request additional resources
(PIO, Traffic, CSI, etc.),
f. Ensure security of the crime scene.

D. Supervisors responding from adjacent Service Areas will assume supervisory roles as needed and described above.

A
  1. RESCUE TASK FORCE (RTF)
    A. Rescue Task Force teams are deployed into the Warm Zone by the
    Forward Command Post Supervisor.
    B. The Rescue Task Force team leader will be a
    law enforcement officer.
    C. Law enforcement officers assigned to a
    Rescue Task Force team are solely responsible for providing force protection to their assigned
    Fire/EMS personnel.
    D. Rescue Task Force teams will remain together at all times until relieved by a supervisor.
  2. COMMUNICATIONS
    A. Recognizing Active Shooter Incidents to be of utmost importance, Communications personnel will give the incident priority over other matters and will relay all obtained information related to the incident.
    B. Upon report of a confirmed Active Shooter or other high profile law enforcement incident which is likely to initiate a multiple-agency response, the SAPD Communications Unit will immediately:
    1. Patch police radio channel Mutual Aid 21 to the primary SAPD channel on which the incident is occurring.
      a. Outside agency personnel who are responding to the Active Shooter or other high profile law enforcement incident are expected to switch to the equivalent of radio channel Mutual Aid 21 for situational awareness and status updates.
      b. Outside agency responders are expected to maintain radio silence while responding to allow dispatch and officers/supervisors on scene to provide active information.
  3. Notify the commander of the Special Operations Unit who will determine if activation of the Special Operations Unit is necessary.
  4. At the request of the Forward Command Post supervisor, ensure the primary channel dispatcher announces for ALL officers who are responding and have not yet arrived at the incident to switch their police radio to the equivalent of the Common Channel for instructions.
    a. The Dispatcher will broadcast these instructions on the primary channel frequently and often to ensure compliance.
    b. The Forward Command Post supervisor, or designee, will provide instructions on the Common Channel to responding officers prior to arriving at the incident.

C. The Communications Unit directs responding units to the location, maintaining radio liaison with the initial responders, the Forward Command Post supervisor, and Incident Commander.
1. If already established, the dispatcher will direct all responding resources to the
Forward Command Post, unless the Forward Command Post supervisor requests otherwise.
2. At the direction of the Forward Command Post supervisor, the dispatcher will repeatedly broadcast over the primary channel for responding units who have not yet arrived to switch to the Common Channel in accordance with communications protocol.

D. Officers involved in an Active Shooter Incident will remain on the primary channel and all other officers will switch to other channel(s), identified by the Communications Shift Supervisor, for the duration of the event.

E. The Communications Shift Supervisor will ensure available Patrol supervisors from adjacent Service Areas are dispatched and will make required notifications to all responding agencies through their Unified Command liaisons.

F. Upon notification from the Incident Commander, the Communications Unit will resume normal radio operations.

  1. POST ENGAGEMENT

A. Once an Active Shooter has been isolated or neutralized, officers will remain vigilant for the presence of additional actors and will continue their active shooter response if additional threats are identified.

B. Immediately after an active shooter has been isolated or neutralized, if not already deployed, officers will request Rescue Task Force teams from the Forward Command Post to provide medical care to injured victims and evacuate them to a higher level of care.

C. The Active Shooter Incident will only be declared “SAFE” by the Incident Commander.

  1. POST INCIDENT

Post incident activities will be in accordance with GM Procedure 802, Unusual Occurrences and Critical Incidents.

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San Antonio Police Department
GENERAL MANUAL - Procedure 901 –
Payroll Timesheets & Overtime Accounting

.01 INTRODUCTION
This procedure establishes guidelines for the proper completion of payroll time sheets and also establishes a system to allow for the accurate control, tracking, and accountability of overtime pay and compensatory time accrual.

.02 PAYROLL TIME SHEETS
A. All members assigned to a unit are listed alphabetically on SAPD Form #17-303, Payroll Time Sheet.
Sworn members are listed first, in order of rank, followed by non-sworn members.
Members’ Personal Identification Number (PIN) is also listed.

B. Unit/Shift Directors are responsible for the completion and accuracy of the payroll time sheet.
The data entry function may be delegated to another unit/shift member.

C. A member’s actual status must be identical to that listed on the payroll time sheet, indicated by letters or a symbol, for each day of the accounting period.

D. The following symbol or two (2) letters are used to denote an employee’s duty status for each day of the accounting period:

A
  1. / Present for duty
  2. AD Administrative leave
  3. BD Bonus day
  4. CT Compensatory time
  5. DF Death in family
  6. DL Disability leave (non-sworn members)
  7. FH Floating holiday
  8. HD Holiday
  9. IJ Injured on-duty leave for any member,
    (sworn or non-sworn)
  10. LL. Legislative leave
  11. LW Leave without pay
  12. ML Military leave
  13. MW Military leave without pay
  14. PL Personal leave (non-sworn)
  15. RD Relief day
  16. SK Sick leave
  17. SA Special assignment
  18. SP Suspension without pay
  19. VC Vacation or annual leave
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San Antonio Police Department
GENERAL MANUAL - Procedure 901 –
Payroll Timesheets & Overtime Accounting
.02 PAYROLL TIME SHEETS
E. When an exception occurs to an employee’s scheduled workweek, a City of San Antonio Notice of Leave Form is submitted.
SAPD Form #15-CR, Compensatory Time off Record, has to be submitted by sworn members taking compensatory time off.
With the implementation of ERM, the Notice of Leave form, will be submitted immediately to the Accounting and Personnel Office.
Supervisors will no longer attach the Notice of Leave form to the payroll time sheet; however, supervisors will continue to attach the Compensatory Time off Records to the payroll time sheets.
1. In the event a member does not take the leave as documented on the Notice of Leave form, the member’s supervisor will e-mail a supervisor in the Accounting and Personnel Office.
2. The supervisor in the Accounting and Personnel Office will then ensure the Notice of Leave form is removed from the file, and the member’s time is not taken.

F. Shift Differential:
Unit supervisors will e-mail a list of officers eligible for shift differential pay by the 10th of each month in the following format to the Manager of the Accounting and Personnel Office.
The supervisors will receive an e-mail response verifying the list was received.
Shift differential eligibility will no longer be coded on Unit/Details weekly payroll time sheets.
Unit supervisors will use the following format.
Office: Patrol Division. Shift:
PDC.
Hours Worked From: 2130 to 0630
Month: October 04
NAME. BADGE NUMBER. SAP Employee #
Smith, Joe 222. 123456
Doe, Eric. 1112

G. The “Remarks” column of the payroll time sheet is used for the following:
1. The purpose and location for any special assignment, administrative leave, or legislative leave;
2. To note the date a member returns to his parent unit/shift from a special assignment, administrative leave, or. legislative leave;
3. The date the member transferred to or from a unit/shift;
4. To indicate whether the leave was taken was scheduled or unscheduled, in accordance with Article 22, Section 4 of the Collective Bargaining Agreement.
5. The relationship of a deceased family member, if “DF” is listed; and
6. The number of hours, less than a full tour of duty, a member does not work due to being on any type of leave or for being tardy.
Time less than a full hour is noted in minutes.

H. Miscellaneous Payroll Time Sheet Instructions:

  1. Members placed on special assignment or administrative leave are coded accordingly on the payroll time sheet of the parent unit/shift.
  2. When a member is on special assignment to another unit/shift, that unit/shift acknowledges such personnel by name on its payroll time sheet and accounts for all time, including pink slip, until such time as the member returns to his parent unit/shift.
  3. When a city holiday occurs while a member is on annual leave, the member’s duty status for the day is listed as holiday on the payroll time sheet.
  4. Sworn members calling in sick on a city holiday are listed as sick on the payroll time sheet for that day.

I. Unit/Shift Directors are responsible for ensuring each leave or absence listed on the payroll time sheet has corresponding documentation attached.
Documentation includes, but is not limited to the following:
1. City of San Antonio Notice of Leave Form
(pink slip);
2. SAPD Form #15-CR, Compensatory Time off Record (orange card); {no longer used} and
3. Military leave orders, if applicable.

J. Completed payroll time sheets shall be routed, using bin mail or electronic mail, to the Accounting and Personnel Office not later than the
Monday morning following the end of the accounting period.
Corresponding documentation shall be routed through bin mail to the Accounting and Personnel Office.

A

.03 FIESTA & SPECIAL EVENT OVERTIME ACCOUNTING
A. The overtime accounting process for all members working a Fiesta event or a special event is handled by the special event commander in charge of the event through the
Police Event Management System (PEMS)

B. Members shall choose either overtime or compensatory time as compensation for overtime worked at a Fiesta or special event prior to the start of the event.

C. Members may verify the amount of overtime or compensatory time earned after the completion of a Fiesta or special event assignment by accessing PEMS, through COSANET, using either a mobile data computer (MD) or an office computer.

D. Members finding a discrepancy for overtime worked and the amount of overtime or compensatory time credited to them for working a Fiesta or special event should contact the
special event commander.
The special event commander is the only person authorized to make corrections in the Police Event Management System (PEMS).

.04 OVERTIME & COMPENSATORY TIME CARDS
A. SAPD Form #15-O, Overtime Pay Record
(white card), shall be submitted by officers who wish to receive pay for working overtime assignments other than Fiesta or special events.

B. SAPD Form #15-C, Compensatory Overtime Record (pink card), shall be submitted by members who wish to accrue compensatory time for working overtime assignments instead of receiving pay.

C. Overtime and compensatory time cards shall be filled out completely and legibly.

D. Approving Authority

  1. Overtime and compensatory time cards submitted by sworn and non-sworn members shall be reviewed and approved by at least two levels of supervision prior to being delivered to the Accounting and Personnel Office:
    a. 1st level approval - Unit/Shift Directors or Detail/Shift Supervisors; and
    b. 2nd level approval - Division Commanders or their designee.
    * *This is the person responsible for the activity code to which the overtime is charged.**
  2. Supervisors review overtime and compensatory time cards for accuracy and legibility.
    Overtime and compensatory time cards which are incomplete or in error are returned to the submitting member for correction and re-submittal.

E. Overtime and compensatory time cards must be submitted to the Accounting and Personnel Office within eight (8) calendar days.

.05 OVER TIME RATES
A. An overtime rate, designated by a two (2) digit number, is used to identify the overtime rate of pay a member is entitled to for working overtime.
The overtime rates are as follows:
1. 1.0 - Overtime payable at straight time
(
non-sworn members ONLY**);

  1. 1.5 - Overtime payable at time and one half;
    and
  2. 2.0 - Overtime payable at double time.

B. For sworn members, the current
Collective Bargaining Agreement is the proper source in determining the appropriate rate for overtime worked.

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San Antonio Police Department
GENERAL MANUAL - Procedure 901 –
Payroll Timesheets & Overtime Accounting

.06 OVERTIME-CODES
A. An overtime code, designated by two (2) letters, is used to identify the category of overtime worked. The below listed codes are the most commonly used. For additional listings of overtime codes, contact the Accounting and Personnel Office.

B. Only one (1) overtime code, the most applicable, shall be affixed to an overtime or compensatory time card.

A
  1. AB Chief’s Advisory Action Board.
    Voluntary service at the 1.5 rate for reviewing cases and attending board meetings, prior authorization is necessary from the Board Chairperson.
    No callback is authorized.
    Approval is by the Board Chairperson.
    This overtime is charged to the Chief’s Office cost center.
  2. AD Alamo Dome
  3. AE Extension of an assignment,
    with prior authorization by a supervisor,
    excluding late calls
  4. AG Firing Range
  5. AI Temporary instructor
    at the Police Training Academy.
    Persons who volunteer to be an instructor at the Academy at the 1.5 rate.
    No callback is authorized.
    No callback is authorized nor is the double time rate, unless ordered by a supervisor to attend.
    This overtime must be approved by the Training Academy Commander.
  6. AJ Academy Recruiting
  7. AK Citizen Police Academy
  8. AL Alamo Bowl
  9. AN Academy Night Class
  10. AP Applicant Processing
    - Recruiting, processing, investigating, or
    interviewing police applicants.
    Persons who volunteer to perform recruiting work at the 1.5 rate.
    No callback is authorized nor is the double time rate, unless ordered by a supervisor to attend.
  11. BB Fiesta – Battle of the Bands
  12. BD Bomb Squad incidents and training
  13. BR Bike Rodeos
  14. BT Donating blood
    during a city endorsed blood drive.
    Used only if Accounting and Personnel Office has not credited donor with compensatory time by the thirtieth (30) day following the blood donation.
  15. CA Activities related to Texas Alcoholic
    Beverage Commission hearings.
    This includes pre-hearing meetings, giving depositions and attending hearings.
  16. CC Attendance in County Court.
    This includes pre-trial meetings, giving depositions and attending court. Does not include stand-by.
  17. CD Attendance in District Court.
    This includes pre-trial meetings, giving depositions, and attending court. Does not include stand-by.
  18. CF Attendance in Federal or Civil Court.
    This includes pre-trial meetings, giving depositions and attending court.
  19. CG Attendance related to Grand Juries.
    This includes pre-trial meetings,
    giving depositions, and attending hearings.
  20. CJ Activities related to participations in
    Justice of the Peace Hearings.
    This includes pre-hearing meetings,
    giving depositions, and attending hearings.
  21. CL Activities related to
    Administrative License Revocation Hearings.
    This includes pre-trial meetings,
    giving depositions, and attending court.
  22. CM Attendance in Municipal Court.
    This includes pre-trial meetings and attending court.
  23. CR Christmas River Parade
  24. CS Activities related to Civil Service
    Hearings and Arbitrations.
    This includes pre-hearing/arbitration meetings,
    giving depositions, and
    attending hearings/arbitration.
    Court related activities
    (i.e., meeting with city, state, or federal attorneys)
  25. CT Fiesta Carnival Traffic
  26. CU US Customs Reimbursable OT
  27. CV Convention Support
  28. DE DEA Reimbursement Special Project
  29. DP Dignitary Protection
  30. DR Direct Report Entry
  31. DS Diez Seis
  32. DZ Dignitary Protection Intelligence
  33. EC Emergency Callback
  34. ER Crime Response Unit Initiative
  35. EW Early Warning –
    Time spent as a member of the Employee Early
    Warning Board or a respondent to
    the Employee Early Warning Board.
  36. F1 First Friday
  37. FA Fiesta: City Hall Security
  38. FB FBI Reimbursable OT
  39. FD Fiesta: Marines at Alamo
  40. FH Fiesta: Market Square Traffic
  41. FI Fiesta: Carnival
  42. FJ Fiesta: Fun Run
  43. FK Fiesta: NIOSA Traffic
  44. FL Fiesta: Earth Day Fun Run
  45. FM Fiesta: River Parade
  46. FN Fiesta: Night Parade
  47. FO Fiesta: Oyster Bake Traffic
  48. FP Fiesta: Stand By Pool
  49. FQ Fiesta: Market Square
  50. FR Fiesta: Crowd Control
  51. FS Fiesta
  52. FT. FTO Program activities
    by non-FTO officers.
    Cards must include the name
    of the cadet, probationary officer,
    or officer assigned to remedial training,
    and the immediate supervisor’s signature.
    Cards are routed to Training Academy
    for Second (2nd) Level Approval
    by Training Academy Commander
    or his designee.
  53. FV Fiesta: Opening Ceremonies
  54. FW Fiesta: Battle of Flowers Parade
  55. FX Fiesta: Shift Extension
  56. GR Graffiti Program
  57. HG Honor Guard
  58. HM Hazardous Material Stand By
  59. HN. Hostage Negotiators Detail
    activities and training.
  60. HP Holidays Specified By Contract
  61. HT HIDTA Special
  62. HU Hurricane Support
  63. IA Internal Affairs Unit
    investigation activities.
    IA overtime approvals will be charged
    to Internal Affairs.
    On-Duty Officers :
    When an Internal Affairs Supervisor notifies an on-duty officer to report to the Internal Affairs Unit regarding an Internal Affairs investigation, and, as a result, the officer works overtime, the officer will complete an overtime card.
    The Internal Affairs Supervisor will sign the back of the overtime card and make a notation as to the time the officer left the Internal Affairs Unit.
    After the officer arrives at his substation, he will time-stamp the card and submits it.
    The card will be approved by the officer’s immediate supervisor and then routed to the Internal Affairs Unit for Second (2nd) Level approval.
**Off-Duty Officers**: 
When an officer on off-duty status reports to the Internal Affairs Unit at the request of Internal Affairs Supervisor regarding an internal affairs investigation, the officer will complete an overtime card and submit it to the Internal Affairs Supervisor. 
The First (1st) Level and Second (2nd) Level approval will occur within the Internal Affairs Unit.
  1. IC Involuntary Callback.
    An officer is ordered to return to duty for a
    non-scheduled event, or an emergency situation after having been released from duty for
    fifteen (15) or more minutes and called back to report to duty by appropriate supervisor or authority.
    The overtime is paid at the three (3) hour minimum at the 1.5 rate and at the 2.0 rate on vacation and relief days in accordance with Article 18 of the current Collective Bargaining Agreement.
    It specifically does not include meetings set up by the officer outside his normal duty hours.
    It does not include events the officer has volunteered to attend.
    Examples of IC include: Officers assigned to the Officer Involved Shooting Team being ordered to respond to a scene by the shooting team commander while off duty; or officers ordered by a supervisor to return to duty more than fifteen minutes past the end of their shift.
  2. IN DPS Reimbursable O/T
  3. IS Internal Support
  4. IW Inclement Weather
  5. IX Intoxilyzer Operator
  6. JF July 4th Celebration
  7. K9. K-9.
    For the exclusive use of K-9 Detail members
    engaged in K-9 Detail activities and training.
  8. LC. Late Call:
    Overtime spent completing a call for service assigned by the dispatcher during the member’s regular tour of duty.
    The time assigned, location, type of call, and case # shall be included on the overtime card.
    Late calls are assigned by the Communication Unit.
  9. MA Joint Operations: US Marshalls
  10. MK Martin L. King Celebration
  11. MT San Antonio Marathon
  12. NC Fiesta: NIOSA Crowd Control
  13. NS NSA Security
  14. NY New Years Eve Celebration
  15. PA Fiesta: Pilgrimage to the Alamo
  16. PP Easter Passion Play
  17. PR Parades/Marathons
  18. PT Property Crimes Task Force
  19. PX Police Explorers
  20. SA Alamo City Heat
  21. SC Stand-by for County Court.
  22. SD Stand-by for District Court.
  23. SF SAFFE Program activities
    that extend beyond an officer’s tour of duty or a voluntary return to duty, which have prior approval of a supervisor within the chain of command of the respective Service Area SAFFE Program.
  24. SH Blue Santa
  25. SL Police Athletic League Activities
  26. SN S.N.A.P.
  27. SS Secret Service
  28. ST Police Shooting Team Stand By
  29. SW SWAT
    members engaged in SWAT activities and training.
  30. UE Unable to check out of service to eat.
    Requires an explanatory report
    to be attached to the card.
  31. VC Violent Crime Investigations
    (Paid by the DEA or FBI).
  32. VO Non-Sworn Voluntary Overtime.
  33. VP Veterans Day Parade
  34. VR. Voluntary Return to Service
    with authorization from a supervisor.
    This is paid at the 1.5 rate.
    No call-back is authorized.
  35. WR Relief day worked
    (not DF district fill must be for non-patrol)
    ( i.e. traffic officers)
    with authorization by supervisor.
    This is paid at the 1.5 rate.
  36. XP Executive Protection activities.
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San Antonio Police Department
GENERAL MANUAL - Procedure 901 –
Payroll Timesheets & Overtime Accounting

.07 DONATING BLOOD – CITY ENDORSED BLOOD DRIVE

A. Sworn and non-sworn members receive
four (4) hours of compensatory time for donating blood during a city endorsed blood drive.

B. Members donating blood should obtain a blood donor receipt from blood bank personnel.

C. Blood bank personnel will send a list of members donating blood to the Office of the Chief.
After verification, the blood donor list is sent to the Accounting and Personnel Office and the compensatory time is credited to each member that donated blood.

D. If a member that donated blood has not been credited with compensatory time thirty (30) days from the date of the blood donation, the member should fill out a compensatory time card, attach a copy of the blood donor receipt to the card, and deliver the compensatory time card to the Office of the Chief.

A

.08 INSTRUCTIONS FOR FILLING OUT OVERTIME CARDS

A. Members are entitled to be compensated for time spent working beyond their normal duty hours.
Requests for overtime are managed and documented on overtime and compensatory time cards.
Supervisors and Managers review overtime and compensatory time cards and either approve or disapprove the cards.

B. Members request overtime by completing overtime or compensatory time cards.

C. The following information will assist officers in completing overtime and compensatory time cards.

  1. SAP# Employee Number.
    With the advent of the Electronic Resource Management (ERM) system, all employees were issued an SAP Number.
    It takes the place of the PIN number on overtime cards.
    This number must be written into the space provided.
  2. Signature Cards submitted for overtime or compensatory time are official government documents.
    By signing the document, the applicant is acknowledging the information on the card is true and accurate.
    In the event the applicant’s signature is difficult to read, the applicant shall print their last name and first name (no initials) above the signature space.
  3. Badge # Number - Officers shall print their badge number in the space provided.
  4. Office Code - Members shall print the
    * *three (3) letter office code** for their unit of assignment.
  5. Regular Duty Hours - Members shall print their regular duty hours for the date they earned the overtime.
  6. Overtime Earned From - Members shall print the date and time they started earning overtime and the date and time they stopped earning overtime.
  7. Justification/Event and Case Number - Explains the reason why the member was earning overtime and the case number used to document the event.
    On late calls (LC),
    *the time assigned,
    *location,
    *type of call, and *
    case # shall be included in the
    Justification/Event and Case Number line.
  8. OT Code: LC, AE, VR, Other - _____
    The three codes listed were put there for the convenience of officers.
    Almost all overtime falls under one of these three codes.
    Either circle the one most appropriate or write in the code most appropriate.
  9. OT Code:
    1.0, (non-sworn only)
    1.5, and 2.0 - (sworn & under contract)
    These codes were printed on the card for the convenience of officers.
    Circle the correct code.
    In the event you don’t know what the correct code is, contact a supervisor, or refer to subsection 901.05.
  10. Prior Approval Name - Officers submitting cards for Assignment Extension (AE) or
    Voluntary Return (VR) must obtain prior approval from a supervisor.
    Officers shall print the name and badge number of the supervisor.
  11. First (1st) Level Approval
    a. For a Police Officer or Detective, the shift/detail sergeant or lieutenant is the first level of supervisory approval required on a card.
    Supervisors will submit their cards to their immediate supervisors for first (1st) level approval.
    b. A signature, badge number, and date of approval shall be written on the card.
    By signing the card, the supervisor approves paying the member for working the overtime.
    Stamps are no longer authorized for approval of overtime and compensatory time cards.
  12. Second (2nd) Level Approval
    a. For a Police Officer, Detective-Investigator, or Sergeant,
    the Captain, Deputy Chief, or the *Deputy Chief’s designee will be the second (2nd) level of supervisory approval.
    For Lieutenants and above,
    the Division Commander or his designee
    will be the second (2nd) level of supervisory approval.
   b.   By signing the card,  the Captain, Deputy Chief, or the Deputy Chief’s designee approves paying the member for working the overtime.  **Stamps are no longer authorized for approval of overtime and compensatory time cards.**

    c.   If a Captain is not available for second (2nd) level approval, the overtime and compensatory time cards will be sent to the **Division Commander* or his designee* for second (2nd) level approval.

Example: A Sergeant submitting an overtime card would obtain first (1st) level approval from their Lieutenant and second (2nd) level approval from their *Captain, *Deputy Chief, or the Deputy Chief’s designee.

  1. Accounting Override – A member may work on some assignment not covered by the budget assigned to their office code.
    The Department will pay the member with the Accounting Override.
    Circle either Sworn or Non-Sworn to identify the category of personnel.
    Some examples are as follows:
    a. Working on a Grant:
    An officer assigned to EPB working on the
    Weed & Seed Grant isn’t paid out of the EPB budget.
    The coordinator of the Weed & Seed Grant will affix the Weed & Seed override code in the space provided.

b. Working as an FTO Alternate:
An officer working SPC who is not an FTO is assigned a cadet for the shift.
First (1st) level approval is done by the immediate supervisor.
The card is routed to the Training Academy for second (2nd) level approval.
The Training Academy writes in the appropriate override code.

c. Responding to Internal Affairs while off duty:
An officer is ordered to write a report for Internal Affairs while off duty.
The overtime code used is IA.
First (1st) and second (2nd) level approval is done in the Internal Affairs Unit.

596
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 902 – Leave and Absence Policies

.01 INTRODUCTION

A. This procedure establishes guidelines for the accrual and use of leave available to sworn members and defines Department policies regarding absences and tardiness.

B. Non-sworn members accrue leave in accordance with City Administrative Directive 4.4, Leave Administration.

.02 POLICY
Officers on any type of leave status are not authorized to work overtime for the City unless ordered to return to duty by a Division Commander.

.03 LEAVE ACCRUAL
A. Annual (Vacation) Leave
1. Officers accrue annual leave on the basis of the following schedule:
2. Annual leave shall be accrued and credited as follows:
a. Officers shall accrue annual leave at a rate of ten (10) hours per month, plus an additional six (6) hours on each anniversary date.

b.  On the date an officer completed  *ten (10)* years of service and on each anniversary date thereafter, he is credited on a lump sum basis with *forty (40)* additional hours of annual leave;      
   and
c. On the date an officer completes  *fifteen (15) years* of service and on each anniversary date thereafter, he will be credited on a lump sum basis with *eighty (80)* additional hours of annual leave.
  1. Upon separation from the department, an officer may be paid for his accrued annual leave up to
    * *seven hundred twenty (720) hours**.

Completed Years of Service
Annual Leave Accrued

a. 1 to 10. 126 Hours
b. 10 to 15. 166 Hours
c. More than 15. 206 Hours

B. Holidays

  1. Officers accrue holidays according to their current work assignments.
  2. Holidays have an accrual limit of
    * *three hundred twenty (320) hours**.
  3. Upon separation from the department, an officer may be paid for his total accrued holidays up to three hundred twenty (320) hours.
A

C. Sick Leave

  1. Officers accrue ten (10) hours of sick leave each month with no limit on how much sick leave is accrued.
  2. Upon separation from the Department, an officer may be paid for his accrued sick leave up to seven hundred twenty (720) hours.

D. Bonus Days

  1. A bonus day shall consist of eight (8) hours and is awarded for each quarter of perfect attendance for a total of four (4) potential bonus days per year.
  2. Quarters of a calendar year extend from:
    a. January 1 to March 31;
    b. April 1 to June 30;
    c. July 1 to September 30; and
    d. October 1 to December 31.
  3. In order to receive a bonus day, officers are not to be off from duty or any of the following reasons:
a. Any sick leave;
b. Off-duty injury;
c. Military leave in excess of fifteen (15) days in a calendar year;
d. Leave without pay;
e. Stress leave;
f. Suspension, regardless if time is lost or forfeited;
g. Unscheduled compensatory time (for a full day);
h. Unscheduled annual leave (for a full day); or
 i. Unscheduled holiday leave (for a full day).
  1. A full annual leave day, a full holiday, or a full day of compensatory time usage not scheduled in advance (prior to the end of that officer’s preceding days shift) by a supervisor disqualifies an officer from receiving a bonus day.
  2. The Accounting and Personnel Office provides each section with a computer printout after each quarter showing the officers who have qualified for a bonus day.
    If there are any discrepancies, the section commander will contact the Accounting and Personnel Office to verify the printout and make any necessary corrections.
  3. Probationary police officers are eligible to receive a bonus day only after completing a full quarter after graduation from the Police Training Academy.
  4. Bonus days have an accrual limit of
    * four hundred (400) hours*.
  5. Upon separation from the Department, an officer may be paid for his total accrued bonus days up to four hundred (400) hours.

E. Compensatory Time

  1. Officers may accrue compensatory time in place of overtime pay.
  2. Compensatory time has an accrual limit of
    * four hundred eighty (480) hours*.
  3. Upon separation from the department, an officer may be paid for his total accrued compensatory time up to four hundred eighty (480) hours.

Separation PAY limits:

Annual   =   720 hrs
Holiday  =   320 hrs
Sick         =   720 hrs   (No max accrual limit)
Bonus     =   400 hrs
CT            =   480 hrs
597
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 902 – Leave and Absence Policies

.04 ANNUAL LEAVE & MILITARY LEAVE
SCHEDULING & LIMITATIONS

A. Annual Leave & Military Leave Scheduling
1. Members requesting annual and military leave during the calendar year, do so no later than
January 15, using SAPD Form #25, Vacation Request Form.
Vacation request forms are submitted to the appropriate Shift or Unit Directors.

  1. Annual leave may be taken in *two (2) parts, the smaller part of which is at *least five (5) working days.
    Split annual leave periods require a minimum of:
    thirty (30) days between periods.
  2. Probationary police officers are not allowed to use any annual leave during the initial
    thirty (30) weeks of their probationary period.
    Accrued holiday leave, bonus day leave, or compensatory time may be used instead.

B. Military Leave Scheduling

  1. Officer
    a. Members anticipating military leave during the calendar year, do so no later than January 15, using SAPD Form #25, Vacation Request Form.
    Vacation request forms are submitted to the appropriate Shift or Unit Directors.
    Members that are unsure of the exact dates should use the previous year military leave dates for their military unit.
    b. Upon receipt of military activation orders, provide a copy of said orders to the Payroll Services Office and to the Chief’s Office Administrative Sergeant.
    c. Contact Payroll Services to complete the Military Leave of Absence Pay Leave & Benefits Agreement and the Military Leave Form.
    d. Officer may elect either Leave of Absence Inactive – Unpaid Military Deployment OR Leave of Absence Active – Military Deployment.
    e. Complete the Notice of Leave form
    (GR.1050-54(b).PER.REQ.SAPD/Leave Notice) identifying whether the officer will be using military leave or some other type of leave.

f. Upon return from Military Leave the officer shall provide to Payroll Services and to the Chief’s Office Administrative Sergeant orders releasing the officer from military duty.
i. Coordinate with the Chief’s Office Administrative Sergeant to begin the Return to Duty program, if the activation was greater than 90 days.
ii. Sign the Military Leave Form to acknowledge their return to duty.
2. Supervisor:

a. Upon receiving notice of an officer’s Military Activation Orders, a supervisor shall ensure the officer completes the Notice of Leave form
(GR.1050-54(b).PER.REQ.SAPD/Leave Notice) identifying whether the officer will be using military leave or some other type of leave.

b. Pay sheets shall reflect either MI01 or MI02, if the officer is using military leave.
If the officer elects to use another form of time, the code for that time shall be entered onto the pay sheet and “Military Leave” shall be noted in the Comments section of the pay sheet.

c. Include a copy of the officer’s military orders when submitting the pay sheet at the start of the leave period.

C. Supervisor Responsibilities:

  1. Shift or Unit Directors ensure annual leave and military leave lists are typed or computer generated, grouped by month, members listed alphabetically by rank, and submitted to the appropriate division commanders before February 21, of each year.
  2. Shift or Unit Directors determine the most practical schedule for non-sworn members and retain this schedule with the schedule for sworn members.

D. Limitations on Annual Leave & Military Leave Scheduling

  1. To ensure sufficient strength in each rank throughout the year, the following are limitations on the scheduling of annual leave:
    a. Assistant Chiefs: A suitable schedule is arranged by the Chief of Police;
    b. Deputy Chiefs: A suitable schedule is arranged by the Assistant Chiefs;
    c. Captains and Lieutenants: Scheduling of annual leave will be at the discretion of the Division Commanders.
    d. Sergeants: Scheduling of annual leave will be at the discretion of the Section Commanders.
    e. Detective-Investigators and Police Officers: Grouped by shift or unit and are limited by Shift/Unit Directors to ensure adequate personnel strength is available at all times to perform necessary job tasks.
  2. There are no restrictions on the use of military leave during the year.
    Request for military leave should be accompanied by military leave orders.
A

.05 POLICE SCHEDULED LEAVE SYSTEM (PSLS)

A. The Police Scheduled Leave System (PSLS) is a computer database that contains the names of officers that have
been authorized leave.
B. Shift/Unit Directors ensure the Annual and Military leave schedules are entered into the Police Scheduled Leave System by February 21, of each year.
C. Whenever a change or addition is made to an officer’s annual leave or military leave or an officer schedules three (3) or more days of consecutive leave of any type, Shift, or Unit Directors ensure this new information is entered into the Police Scheduled Leave System at the time the change or addition is approved.

.06 MISCELLANEOUS LEAVE POLICIES

A. Notice of Requested Leave

  1. Members requesting the following types of leave should request the leave as early as possible, but not more than thirty (30) days prior to the requested leave date(s).
    a. Annual leave or military leave not scheduled by January 15, of each year;
    b. Bonus day leave;
    c. Holiday leave, taken on any day other than a city holiday; and
    d. Compensatory leave.
  2. City of San Antonio Notice of Leave Form
    a. The Notice of Leave Form for scheduled vacation must be submitted by members taking any type of leave, except compensatory time, by January 15 of each year;
    b. Members, when possible, shall complete and submit the Notice of Leave Form prior to taking the leave.
    c. In cases of sick leave, injured on duty leave, or other emergency leave, members should request a supervisory officer to submit the Notice of Leave Form with a notation the member is “unavailable to sign” or submit the form when the member returns to duty.

B. Sick Leave
1. When a member is unable to report to work due to illness or injury, the member shall contact a supervisor in accordance with the guidelines in his unit’s SOP.
2. Any officer who requests forty (40) or more consecutive hours of sick leave must *present a certificate from a physician 👩‍⚕️ who documents confirmation the member was unable to work for the department.
3. The department has the authority, at any time, to order any officer to submit to a medical examination.
4. Probationary police officers are not allowed to use any sick leave during their *initial thirty (30) week probationary period.
Accrued holiday leave, bonus day leave, or compensatory time may be used instead.
5. Sick leave for non-sworn members is governed by Administrative Directives 4.2, Workplace Attendance, and 4.4, Leave Administration.

C. Injured On Duty Leave
1. Members requesting to be carried as injured on duty are required to seek immediate treatment by a physician if they have not already done so.
2. Before a member is carried as injured on duty he is required to have a physician complete SAPD Form #172, Physician Authorization for Injury Status.
The completed form is turned in to the member’s supervisor who ensures the original is routed to the Accounting and Personnel Office.
3. The member’s supervisor is responsible for having SAPD Form #172 and/or State Form #DWC073, Work Status Report and Instructions, completed by a physician when the injury is of such a nature as to preclude the member from having the form completed.
4. Before a member is allowed to return to regular duty from injured on-duty leave, the member must submit SAPD Form #172 and/or State Form #DWC073.
The form must be completed by a physician stating the member may return to regular duty.

D. Administrative Leave
Members may be placed on administrative leave by the Chief of Police in accordance with General Manual Procedures 908, Mandatory Reassignment or 909, Travel.

E. Association Leave
Officers may be placed on legislative leave in accordance with Article III, Section 2(E) and Section 3(D) of the Collective Bargaining Agreement.

F. Leave without Pay
The Chief of Police may grant authorized leave without pay to a member, who requests authorized leave, but does not have any accrued leave.
The Chief of Police may authorize up to
*five (5) days leave without pay.
Anything in excess of five (5) days has to have the approval of the City Manager.

G. Leave by Active Trustees for both the Fire and Police Pension Fund and Retiree Health Fund activities
1. Trustees are required to complete a Notice of Leave form for any absence from work related to their responsibilities for funds, and forward this request to the Office of the Chief.
2. All requests for leave must be made
**thirty (30) days in advance of the leave.
If there are occasions where a special meeting is called, notification must be made as soon as possible.
3. All requests for leave must specify a reason, such as a board meeting, subcommittee meeting, travel, training
(specify whether required or discretionary),
or conference, and must include a date and the amount of time requested.
Board meetings and subcommittee meetings must include an estimate of the amount of time for which leave is requested.

  1. All leave requests for meetings and conferences must include a copy of the schedule or agenda, and for off-site events attended, a list of off-site events and the sponsor.
  2. All leave requests for training must include a description of how the training corresponds to the duties of the trustee.
  3. Requests for out-of-town travel will be limited as follows. Any out-of-town travel above and beyond the maximum will be at the employee’s own personal leave.
    a. Active Trustees of the Fire and Police Pension Fund shall be limited by the stipulations laid out in the Administrative Services Contract between the City of San Antonio and the Fund.
    b. Active Trustees of the Retiree Health Care Fund shall be limited to forty (40) hours per fiscal year per active trustee.
  4. Requests for leave by trustee related to the responsibilities to the funds will be approved or denied through the Chief’s Office.
  5. Any personal leave taken by a trustee must be made pursuant to this Procedure.
598
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 902 – Leave and Absence Policies

.07 ABSENCES

A. Sworn members not on authorized leave and who fail to report for duty within one (1) hour of the commencement of their assigned duty hours are carried absent for that day.

B. Any absence is considered unauthorized when the sworn member is carried absent without pay on the pay sheet for that day.

C. Any sworn member who has unauthorized absences of more than two (2) consecutive days may be processed as a voluntary termination.

A

.08 TARDINESS

A. Sworn members, who are going to be tardy, arriving less than one (1) hour after the commencement of their assigned duty hours, shall notify their respective units as soon as possible.

B. Sworn members failing to report for duty as scheduled during either six (6) month period, (January through June or July through December), forfeit accrued vacation, holiday, or bonus day leave time according to the following schedule:

  1. First Time Forfeiture of accrued vacation, holiday, or bonus day leave equivalent to the tardy period with no punitive assessment.
  2. Second TimeForfeiture of accrued vacation, holiday, or bonus day leave equivalent to the tardy period with a punitive assessment of an additional two (2) hours and verbal counseling.
  3. Third Time Forfeiture of accrued vacation, holiday, or bonus day leave equivalent to the tardy period with a punitive assessment of an additional four (4) hours and a written counseling.
  4. Fourth Time Leave without pay for the day and a written reprimand.
  5. Fifth Time Leave without pay for the day with additional disciplinary action recommended.

C. Members shall submit a report on all tardiness occasions.

D. Unit Directors / Detail Supervisors:

  1. Ensure the member’s explanatory report is filed in the member’s departmental field file;
  2. Maintain a tardiness file for their unit or detail and retain the file until the end of the
    * *six (6) month period**, unless disciplinary action is pending and the file is required for documentation of a member’s tardiness; and
  3. Submit documentation and recommendations for disciplinary action for members who have five (5) or more occasions of tardiness during a six (6) month period to the section commander.
  4. Tardiness by non-sworn members is governed by City Administrative Directive 4.2, Workplace Attendance.
599
Q

Fuck

A

You

600
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 912 – Awards and Ceremonies Program

.01 INTRODUCTION

A. This procedure establishes a process whereby members of the Department are recognized for exceptionally heroic and valorous acts, and for exemplary, meritorious, and exceptional service contributions that bring credit to the officer and the Department.

B. This procedure also establishes a process whereby private citizens, community groups, and businesses are recognized for their unselfish contributions to the ________________.

A

Department

601
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 912 – Awards and Ceremonies Program

.02 POLICY

A. It is the policy of the Department to recognize and honor both sworn and non-sworn members who perform extraordinary acts of courage and heroism, or who distinguish themselves by providing outstanding service to the Department or the community.

B. _______________________ can also be recognized under this procedure for their unselfish actions that help save the life of another person, for their exemplary actions at a particular incident in response to law enforcement activity, or for their unselfish contributions to the Department.

A

Private Citizens, community groups, and businesses

602
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 912 – Awards and Ceremonies Program

.03 AWARDS OF ___________

A. Medal of Valor Award - This is the highest award presented by the San Antonio Police Department. This award is bestowed upon San Antonio police officers who distinguish themselves by displaying great courage, above and beyond the call of duty, in the face of immediate life-threatening peril and with full knowledge of the risks involved.

B. Meritorious Conduct Award – This award is bestowed upon San Antonio police officers for heroic deeds and exceptional conduct involving great risk to their safety while performing their duties.

C. Lifesaving Award - This award is bestowed upon San Antonio police officers who are directly responsible for saving a human life.

D. Purple Heart Award - This award is bestowed upon San Antonio police officers who are killed or suffer serious bodily injury while encountering a hostile situation in the line of duty.

A

HONOR

603
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 912 – Awards and Ceremonies Program

.03 AWARDS OF HONOR

A. ____________________ - This is the highest award presented by the San Antonio Police Department. This award is bestowed upon San Antonio police officers who distinguish themselves by displaying great courage, above and beyond the call of duty, in the face of immediate life-threatening peril and with full knowledge of the risks involved.

A

Medal of Valor Award 🥇

604
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 912 – Awards and Ceremonies Program

.03 AWARDS OF HONOR

B. ________________ – This award is bestowed upon San Antonio police officers for heroic deeds and exceptional conduct involving great risk to their safety while performing their duties.

A

Meritorious Conduct Award 🥈

605
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 912 – Awards and Ceremonies Program

.03 AWARDS OF HONOR

C. _________________ - This award is bestowed upon San Antonio police officers who are directly responsible for saving a human life.

D. __________________ - This award is bestowed upon San Antonio police officers who are killed or suffer serious bodily injury while encountering a hostile situation in the line of duty.

A

Lifesaving Award 🥉

Purple Heart Award 🥇

606
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 912 – Awards and Ceremonies Program

.04 AWARDS FOR SERVICE

A. Distinguished Service Award - This award is presented to members who distinguish themselves for exemplary service to the Department.

B. Officer of the Year Award - This award is presented to San Antonio police officers from each of three (3) ranks:
Police Officer, Detective-Investigator, and Sergeant,

who have provided the most outstanding service to the Department during the year.

A

C. Certificate of Merit Award - This award is presented to members who, by their exemplary actions, distinguish themselves at a particular incident.
Examples of exemplary actions include judgment, initiative, courage, teamwork, investigative skills, and immediate recognition and response to law enforcement activity.

D. Community Service Award - This award is presented to members who distinguish themselves and the Department for volunteer work to the community.

E. Customer Service Award - This award is presented to members of the Department who exhibit exceptional customer service in the performance of their duties.

F. Good Conduct Award – This award is presented to members of the Department who perform all duties and responsibilities in an effective manner for a period of five (5) years without any administrative disciplinary action which results in the member’s reduction in rank; disciplinary action during a probationary period; suspension; written reprimand, written counseling, or demerit.

607
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 912 – Awards and Ceremonies Program

.05 AWARDS FOR ACHIEVEMENT

A. Safe Driving Award – San Antonio police officers are eligible for this award upon completing five (5) consecutive years without a chargeable city vehicle crash and each subsequent five (5) years in which a member has not had a chargeable city vehicle crash.

B. Years of Service Award – San Antonio police officers are eligible for this award upon completing five (5) years of continuous service with the Department and each subsequent fifth year thereafter.

C. Instructor’s License Award - San Antonio police officers are eligible for this award upon obtaining a Texas Commission on Law Enforcement (TCOLE) Instructor’s License.

A

D. Master Peace Officer Certification Award - San Antonio police officers are eligible for this award upon obtaining a Master Peace Officer’s Certification from TCOLE.

E. Advanced Peace Officer Certification Award - San Antonio police officers are eligible for this award upon obtaining an Advanced Peace Officer’s Certification from TCOLE.

F. Intermediate Peace Officer Certification Award - San Antonio police officers are eligible for this award upon obtaining an Intermediate Peace Officer’s Certification from TCOLE.

608
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 912 – Awards and Ceremonies Program

.06 CITIZEN RECOGNITION AWARDS

A. The Citizen Hero Award – This award is bestowed to a citizen who by their unselfish actions, attempted to help save the life of another person.

B. The Citizen Merit Award – This award is bestowed to a citizen who, by their exemplary actions, distinguishes themselves at a particular incident. Examples of exemplary actions include judgment, initiative, and courage in response to a law enforcement activity.

C. ______________________ is presented to a citizen or group who distinguish themselves by their unselfish contributions to the Department or the Community.
Examples include volunteer work, donation of resources, or taking measures to help achieve a safer community.

A

The Certificate of Appreciation

609
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 912 – Awards and Ceremonies Program

.07 NOMINATION PROCESS

A. Requests for Nomination:

  1. Any person who witnesses or otherwise learns of an exemplary act by a member, citizen, group, or business may initiate a request for Departmental recognition by submitting SAPD Form 5-RA Recommendation for Award, and any supporting documentation, through the Office of the Chief to the Awards Evaluation Committee. Submissions are emailed to SAPD Recognition. Nominations are accepted through November 30 of each year.
  2. Division, Section, and Unit Commanders shall nominate members under their command for the various awards for service by submitting SAPD Form 5-RA Recommendation for Award, and any supporting documentation through the Office of the Chief to the Awards Evaluation Committee. Submissions are emailed to SAPD Recognition. Nominations are accepted through November 30 of each year.
  3. Requests for Awards for Achievement do not require nomination. Instead, they shall be submitted to the Office of the Chief on SAPD Form 65 - Interoffice Correspondence and must include justification for the request.
A

The Office of the Chief shall determine if the member has met the criteria for the requested award.
Submissions are emailed to SAPD Recognition.

B. Nominations received by the Awards Evaluation Committee are reviewed to ensure the actions taken by the nominated members fit the criteria for the recommended awards.

C. After a review by the Awards Evaluation Committee, any nomination that results in an award recommendation by the Committee shall be forwarded to the Office of the Chief.

D. Upon written orders issued by the Office of the Chief, the awards will be presented in accordance with Section .11 of this procedure.

610
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 912 – Awards and Ceremonies Program

.08 AWARDS EVALUATION COMMITTEE

A. The Awards Evaluation Committee is appointed in June of every odd number year (e.g. 2017, 2019, 2021, etc) by the Chief of Police and is charged with rendering recommendations for the various awards for nominated members, private citizens, community groups, and businesses.

B. The Awards Evaluation Committee serves for two (2) consecutive years and consists of a Captain, who shall serve as the Committee Chairperson, and four (4) additional sworn members, and may include up to five (5) private citizens.

C. The Awards Evaluation Committee meets as needed and, through majority decision, recommends:

A
  1. The award is approved;
  2. An alternate award is approved; or
  3. No award is approved.

D. The Awards Evaluation Committee forwards all recommendations for awards, whether approved or disapproved, to the Office of the Chief.

611
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 912 – Awards and Ceremonies Program

.09 AWARDS NOTIFICATION AND PRESENTATION

A. The Awards Evaluation Committee notifies each nominee in writing of the recommendation made by the committee.

B. All nominations for awards, whether approved or disapproved, are placed in the nominated member’s Departmental personnel file.

C. Approved Awards of Honor and Awards for Service are presented to officers by the Chief of Police at the Department’s Annual Award Ceremony.
(WHICH I PROUDLY SKIPPED OUT ON and will NEVER attend)

A
  1. Award of Honor recipients will be presented a medal, a commendation bar and a certificate.
  2. *Officer of the Year; *Detective of the Year; *Sergeant of the Year recipients will be presented a plaque and a commendation bar;

all others Awards for Service recipients will be presented a commendation bar and a certificate.

D. Approved Awards for Achievement are presented by the Division Commander or his designee.

E. Approved Citizen Hero Awards, Citizen Merit Awards, and the Certificate of Appreciation may be presented by the Chief of Police or his designee at a formal ceremony, or any other setting the Chief deems appropriate, including the citizen’s residence or workplace.

612
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 912 – Awards and Ceremonies Program

.10 DISPLAYS OF AWARDS

A. Officers receiving the ~Medal of Valor~ may display the medal portion of the award with the regulation or formal uniform during the following events:

  1. Speaking engagements;
  2. Official police inspections;
  3. Departmental or law enforcement special events and ceremonies; and
  4. As authorized by the Office of the Chief.
A

B. Officers receiving Awards of Honor or Awards for Service or officers who are eligible for an Award for Achievement, may wear the commendation bar portion of the award on the regulation or formal uniform in accordance with GM Procedure 310, Uniforms and Dress Codes.

C. The bar portion of all Awards of Honor and Awards for Service will be purchased by the Department and given to officers who are presented with Awards of Honor and Awards for Service.

D. The bar portion of all Awards for Achievement may be purchased by the member receiving the award at the member’s expense.

E. The specifications for the commendation bar portions of all awards are listed in GM Procedure 310, Uniforms and Dress Codes Appendix.

F. A color printout of the bar portion of all awards will be on display in each Division Office.

613
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 912 – Awards and Ceremonies Program

.11 CEREMONIES FOR AWARDS, & PROMOTIONS & RETIREMENTS

A. Any member receiving an award or, being promoted to a higher rank or retiring in good standing from the department may will receive public recognition at a formal ceremony, coordinated by the Office of the Chief, to be held as follows:

  1. Promotional ceremonies shall take place on the day before a promotion is to become effective; and
  2. Annual Awards ceremonies shall take place in the first quarter of the calendar year.

B. Attendance at a Promotion or Awards ceremony is voluntary on the part of the member, or citizen.

A

C. Notification:

  1. Members, citizens, community groups, and businesses are notified by letter from the Office of the Chief as to the date, time, and location of the formal ceremony.
    The letter will also inform honorees of any special needs or requirements for their particular ceremony.
  2. Members’ Division and Section Commanders and Unit/Shift Directors are notified by the Office of the Chief as to the date, time, and location of the formal ceremony.
  3. The date, time, and location of the formal ceremony shall be published in the Department’s Daily Bulletin.
  4. A list of past award winners may be found on SAPDWEB under Awards, Merits & Commendations.

D. Responsibilities

  1. The Office of the Chief is responsible for coordinating all activities necessary for conducting Promotion and Awards ceremonies.
  2. The Payroll Services Unit is responsible for notifying the Office of the Chief when an officer has given notification of his anticipated retirement.
  3. Division and Section Commanders and Unit/Shift Directors of members receiving an award, or being promoted, are encouraged to attend the formal ceremony to honor officers that work or worked under their command.
614
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 –Response to Resistance

.01 INTRODUCTION

This procedure provides officers with guidelines on the use of _______________ and ________________ force.

This procedure also explains the process officers shall follow for reporting use of force incidents.

A

non-deadly and deadly force

615
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 –Response to Resistance

.02 POLICY

A. The San Antonio Police Department requires its officers to exhibit a sense of prudent judgment and restraint derived from departmental training, acquired knowledge, skills, and ability in the exercise or application of any level of force allowable under this policy.

B. Officers shall use only the level of force necessary to accomplish a lawful police objective.
At any time force is necessary, the officer shall apply the level of force reasonable for the situation.

C. The San Antonio Police Department requires ________________ to document use of force incidents electronically in the Blue Team computerized reporting system utilizing the use of force incident type, in accordance with this procedure.
The Department also requires supervisors to respond to the scene of use of force incident review all Blue Team Use of Force entries and ensure the application of force conforms to departmental policy and procedures.

A

all officers

D. All sworn personnel are required to log in to their Blue Team during their tour of duty and complete any entries requiring corrections, review or approval.

616
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 –Response to Resistance

.03 DISCUSSION

A. The sanctity of human life and individual liberties are fundamental elements of modern society which vests police officers with the responsibility for the preservation and protection of these paramount values.
In the pursuit of this responsibility, officers maintain the understanding that protection of property and apprehension of criminal offenders is subservient to the protection of life, including their own.

B. In the course of discharging their duty, police officers are often confronted with situations requiring force to be exercised in order to effectively maintain public order and safety.
This may be achieved on an ascending scale of the officer’s presence, verbal communications, open/empty hands control, physical force, intermediate weapon and deadly force, according to and proportional with the circumstances of the situation.
The application of force must be reasonable and commensurate to achieving a level of control that given the context cannot be obtained through the use of other alternatives.

C. Although the use of a reasonable amount of force is authorized in appropriate circumstances, such as those involving the protection of the officer or others from bodily harm, officers must be aware unnecessary or excessive force violates Federal Statues, the Texas Penal Code and departmental policy.

D. Deadly force will be used with great restraint and as a last resort only when the level of resistance or threats warrants the use of deadly force.
The San Antonio Police Department places greater value on human life than on the protection of property; therefore, _____________________________.

A

the use of deadly force strictly to protect property interests is not allowed.

617
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 –Response to Resistance

.04 TERMINOLOGY

Lateral Vascular Neck Restraint (LVNR) -

The lateral vascular neck restraint (LVNR), commonly known as a sleeper hold, or carotid chokehold, is a general term for a grappling hold that critically reduces or prevents _____________ or _________________ from passing through the neck of an opponent.
The restriction may be of one or both and depends on the hold used and the reaction of the victim.
The use of a lateral vascular neck restraint (LVNR) is prohibited.

A

either air (choking) or blood (strangling)

618
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 –Response to Resistance

.05 APPLICATION OF FORCE

A. With the exception of an officer’s presence or verbal communications, the use of any type of force is not justified in response to verbal provocation alone.

B. Police officers finding it necessary to use force to achieve a lawful police objective shall use only that amount of force to affect the objective.

C. The use of force by an officer can be viewed as a matrix of force options used in response to a subject’s actions and behavior.
The force matrix illustrates the relationship between a subject’s actions and the officer’s response.
As force options move from lesser to greater levels, **the risk of injury to the suspects and/or officers increase. **
The matrix is designed to assist officers in understanding how force can escalate.
However, an officer is not required to go through each escalation step if a reasonable method can resolve the situation in the _______________.

A

safest and most expedient fashion.

619
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 –Response to Resistance

.05 APPLICATION OF FORCE

D. An officer should consider the following factors when assessing the need to exercise the use of force:

A
  1. Is the individual interacting peacefully or resisting?
  2. Is the individual armed?
  3. If armed, is the weapon capable of causing serious bodily har or death to the officer or any other person.
  4. What is the nature of the crime?
  5. Does the suspect have a previous arrest record or history showing violence?
  6. Number of suspects involved?
  7. Are there any specific prohibitions or restrictions that may affect the imminent application of force.
  8. How much support from other officers is available?
620
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 –Response to Resistance

.05 APPLICATION OF FORCE

E. A weapon must not displayed or brandished as a threat unless its potential use in the situation would be reasonable, or if the circumstances clearly call for the use of a weapon to control a dangerous situation, or in accordance with Chapter 9 of the Texas Penal Code.

A

F. De-escalation of force:
1. Officers shall de-escalate their use of force once an allowed use of force has achieved compliance or a safe control of the situation.

  1. If circumstances allow, Officers should attempt to de-escalate tense situations through “advisements, warnings, verbal persuasion, and other tactics” to reduce the need for force.
  2. The de-escalation of force can be viewed as a direct relationship between an individual’s resistance or threat level to an officer’s use of force level. As an individual decreases his or her level of resistance or threat, the responding officer also decreases the level of force required to gain compliance or safe control of the situation.
  3. Unless there is a serious threat of serious harm officers shall, identify themselves as a police officer and issue verbal warnings prior to using deadly force.

G. *Any officer present and observing another officer using force that is clearly beyond that which is reasonable under the circumstances shall, when in a position to do so, safely intercede to prevent the use of such excessive force.
Officers shall immediately report these observations to a supervisor.

621
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 – Response to Resistance

.06 USE OF NON-DEADLY FORCE

A. When attempting to affect an arrest, officers should use verbal communications prior to the use of non-deadly force, if possible.

B. If verbal communication has been exhausted or proven ineffective, officers are authorized to use open/empty hands control.

C. If an open/empty hands control has been exhausted or proven ineffective, officers are authorized to use physical force.

D. If physical force has proven ineffective or is not a reasonable option based upon the circumstances, officers are authorized to use an intermediate weapon to affect an arrest. Officers using intermediate weapons must be authorized to carry such weapons in accordance with GM Procedure 309, Weapons.

E. Officers may resort to the use of an approved intermediate weapon when:

  1. Lesser methods have failed;
  2. In self-defense or defense of a third person;
  3. Subduing or controlling a violent subject;
  4. Subduing an actively resisting actor; or
  5. Physical force has proven ineffective or is not a reasonable option based upon the circumstances.
A

F. Oleoresin Capsicum (OC) Spray/Gel and/or Electronic Control Device (ECD)

  1. Only officers who have successfully completed a training course and are certified in the use of OC spray/gel and/or an ECD are authorized to carry and use OC spray/gel and/or ECD as an intermediate weapon.
    Additionally, only officers who have also successfully completed a 40-hour Crisis Intervention Training course are authorized to carry an ECD.
  2. Officers shall only carry and use department-issued OC spray/gel and/or ECDs.
  3. Officers shall carry the OC spray/gel and /or ECD in an authorized carrier.
  4. OC spray/gel and/or ECD shall not be brandished, displayed, or pointed at a subject in an intimidating manner unless an officer is attempting to prevent further escalation of force.
  5. Officers using OC Spray/Gel and/or ECD:
    a. Oleoresin Capsicum Spray/Gel

(1) As with any other type of force, officers will end application of OC Spray/Gel when the subject discontinues resistance or aggression.
OC Spray Spray/Gel is irritating to the eyes, nose, and skin. Any time OC Spray/Gel is used to control or subdue an actively resisting or violent subject, the officer will ensure the subject is decontaminated as soon as possible, to reduce the discomfort caused by the OC Spray/Gel.
Decontamination consists of the application of water to the subject’s eyes and face.

(2) Decontaminate prisoners exposed to OC Spray/Gel before they are transported to the Detention Center.
Prisoners exposed to OC spray/gel, will be observed by an officer for 45 minutes to ensure the prisoner does not require medical attention.
If, in the officer or supervisor’s opinion, the prisoner appears to be in severe pain, discomfort, or exhibits unusual symptoms such as unconsciousness, profuse sweating, chest pain or slow, shallow breathing, the officer shall immediately request EMS to the scene.

(3) The decontamination process and amount of time the prisoner was observed will be documented in the officer’s report and in the Summary section of the Blue Team use of force entry.

622
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 – Response to Resistance

.07 USE OF DEADLY FORCE

A. This section applies to all forms of deadly force, regardless of the type of instrument or weapon used.

B. The use of deadly force is authorized only to protect an officer or another person from what is reasonably believed to be an immediate threat of death or serious bodily injury.

  1. An officer with reasonable belief his/her life or the life of another person is in imminent danger is justified in using deadly force to preserve that life.
  2. Justification for the use of deadly force is determined by the facts known or perceived by the officer at the time the deadly force is employed.
  3. If an officer encounters an immediate threat of death or serious bodily injury situation where they have to protect themselves or another person, the officer may use any means or tactic necessary to protect themselves or another person from the immediate threat.
A

C. Avoiding the Use of Deadly Force

  1. At the point when an officer should reasonably perceive the potential exists that deadly force may be an outcome of any situation, the officer must use reasonable alternatives, if time and opportunities permit.
    The reasonableness of the action is based upon the time available, the opportunity of performing the action, and the facts apparent to the officer prior to and during the incident.

The use of deadly force against one who is fleeing from custody, or who is fleeing immediately after committing an offense, is prohibited unless the officer has probable cause to believe the suspect poses an imminent threat of death or serious bodily injury to the officer or a third party.

Approved firearms are intended to be used as defensive instruments to prevent an assailant from completing a potentially deadly act.
A firearm is discharged with the intent to stop a course of conduct.

Firearms are not discharged under the following circumstances:
1. As a warning shot;

2. When it appears likely that a non-participant may be injured.

Officers shall not discharge a firearm at or into a moving vehicle unless the occupants of the vehicle are using deadly force against the officer or another person, and such action is necessary for self-defense or to protect the other person.

  1. Officers shall not intentionally place themselves in the path of, or reach inside, a moving vehicle; and shall attempt to move out of the path of a moving vehicle.
  2. An officer in the path of an approaching vehicle shall attempt to move to a position of safety rather than discharging a firearm at the vehicle or any of the occupants of the vehicle.
  3. Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle.
  4. Officers shall not discharge a firearm from his or her moving vehicle except as the ultimate measure of self- defense or defense of another.
623
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 – Response to Resistance

.08 Avoiding the Use of Deadly Force

  1. At the point when an officer should reasonably perceive the potential exists that deadly force may be an outcome of any situation, the officer must use reasonable alternatives, if time and opportunities permit.

The reasonableness of the action is based upon the time available, the opportunity of performing the action, and the facts apparent to the officer prior to and during the incident.

The use of deadly force against one who is fleeing from custody, or who is fleeing immediately after committing an offense, is prohibited unless the officer has probable cause to believe the suspect poses an imminent threat of death or serious bodily injury to the officer or a third party.

Approved firearms are intended to be used as defensive instruments to prevent an assailant from completing a potentially deadly act.

A firearm is discharged with the intent to stop a course of conduct.

Firearms are not discharged under the following circumstances:

A
  1. As a warning shot;
  2. When it appears likely that a non-participant may be injured.

Officers shall not discharge a firearm at or into a moving vehicle unless the occupants of the vehicle are using deadly force against the officer or another person, and such action is necessary for self-defense or to protect the other person.

  1. Officers shall not intentionally place themselves in the path of, or reach inside, a moving vehicle; and shall attempt to move out of the path of a moving vehicle.
  2. An officer in the path of an approaching vehicle shall attempt to move to a position of safety rather than discharging a firearm at the vehicle or any of the occupants of the vehicle.
  3. Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle.
  4. Officers shall not discharge a firearm from his or her moving vehicle except as the ultimate measure of self- defense or defense of another.
624
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 – Response to Resistance

SHOULDER WEAPON DEPLOYMENT

A. If physical force and the use of intermediate weapons have proven ineffective or are not reasonable options based upon the circumstances, officers authorized to deploy and use a department-approved shoulder weapon may do so to neutralize a threat that poses an imminent danger of serious bodily injury or death to any person.

B. Officers shall only utilize a shoulder weapon consistent with the training received and in accordance with all GM Procedures and Standard Operating Procedures (SOPs).

C. A shoulder weapon is intended to augment primary and approved handguns under circumstances where a hand- held weapon is not sufficient to neutralize a perceived threat that may result in serious bodily injury or death.

  1. A shoulder weapon may be used or deployed at a scene where it is requested by an officer or supervisor who is in a position to articulate the need for such support; and
  2. Supervisors will ensure compliance with this procedure.

D. The decision to deploy or use a shoulder weapon will be dependent upon:

A

the actions of the subject,

the threat facing the officer or other persons,

and the totality of circumstances surrounding the incident.

625
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 – Response to Resistance

SHOULDER WEAPON DEPLOYMENT

E. As with any other type of force, officers will end the use of a shoulder weapon when the subject discontinues resistance, aggression, or when the threat has been sufficiently neutralized, and a shoulder weapon is no longer necessary to affect a police response.

F. Shoulder weapons should not be brandished, displayed, or pointed at a subject in an intimidating manner unless an officer is attempting to prevent further escalation of force or finds it necessary to discharge the weapon to neutralize a threat of serious bodily injury or death to any person.

G. More than one officer may deploy a shoulder weapon at a scene as dictated by the circumstances, keeping in mind the location of other officers, other persons, and other risk and safety variables involved.

A

H. As soon as practical, an officer will immediately notify the Communications Unit of a shoulder weapon discharge and advise on whether there are any hits or injuries.

I. Improper handling or inappropriate uses of a shoulder weapon will result in remedial or disciplinary action.

626
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 – Response to Resistance

.09 MEDICAL TREATMENT

A. Prisoners, who are injured as a result of an officer’s use of force, either physical, non-deadly, or deadly force, are _____________________ in accordance with GM Procedure 601, Prisoners.

B. Officers having prisoners who have been exposed to oleoresin capsicum (OC) Spray/Gel and/or ECD utilization, shall comply with Subsection .06 F of this procedure.

A

provided immediate medical treatment

627
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 – Response to Resistance

.10 USE OF FORCE REPORT RESPONSIBILITIES

A. Officers shall include in any required offense/incident report a detailed statement describing any force or threatened use of an ECD or firearm and the circumstances and facts surrounding the use or threatened use of force.

B. Officers shall complete a Blue Team Use of Force Entry under the following circumstances:

A
  1. Any force used on an individual by an officer greater than an open/empty hands control technique,
  2. Any force used by an officer that;
  • Causes injury to an individual;
  • Causes an individual to report injury to the officer,
  • Causes an injury that requires medical treatment, or;
  • Causes death to an individual.
  1. Pointing or discharging a firearm at an individual to accomplish a lawful police objective.

Unholstering, brandishing or displaying a firearm including the “low-ready position” without pointing it at a person shall be reported in the officer’s report but does not require a Blue Team use of force entry;

  1. The use of an intermediate weapon on an individual by an officer;
  2. When a police canine bites an individual.
628
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 – Response to Resistance

.10 USE OF FORCE REPORT RESPONSIBILITIES

C. The discharging of a firearm in order to destroy an animal ___________ require the completion of a Blue Team use of force entry.

A

does NOT

629
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 – Response to Resistance

.11 OFFICER RESPONSIBILITIES

A. Although an officer’s presence, verbal communication, open/empty hands control techniques, or the unholstering, brandishing or displaying of a weapon does not require a Blue Team use of force the details must be documented in the officer’s report.

B. Each officer using force during an incident which requires them to complete a Blue Team use of force entry, in accordance with Section .10 of this procedure shall:

  1. Notify the supervisor of the type of force used and whether the prisoner received any type of injury as a result of the use of force.
  2. Request the supervisor to respond to the scene, when necessary.
    a. An officer may relocate the prisoner prior to the arrival of a supervisor due to a threat of violence or exigent circumstances.
    b. If an officer does relocate from the scene, he shall notify the dispatcher and the responding supervisor.
  3. Complete a Blue Team use of force entry, documenting the specific type of force the officer used.
  4. Complete a detailed, accurate offense/incident report describing the force used and the circumstances and facts surrounding the use of force.
  5. Complete SAPD Form #62, Injured Prisoners Report, for those injured prisoners who receive medical treatment at a hospital, as outlined in GM Procedure 601, Prisoners.
  6. Attach a copy of the offense/incident report to the Blue Team entry and forward it to the supervisory officer who was notified of the use of force incident.
A

C. The Blue Team use of force entry shall be completed before the officer ends their tour of duty on the day the use of force incident occurred, or as otherwise directed by the handling supervisor or as outlined in this procedure.

630
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 – Response to Resistance

.12 SUPERVISORS’ RESPONSIBILITIES

A. Supervisory officers who are assigned to handle a use of force incident, which requires a Blue Team use of force entry shall:

A
  1. Respond to the scene if one of the following is present;
    a. Any force used by an officer greater than an open/empty hands control technique.
    b. Any force used by an officer that causes injury to an individual, which requires medical treatment;
    c. Any force used by an officer that causes death to an individual;

d. Discharging a firearm at an individual to accomplish a lawful police objective;
e. The use of an intermediate weapon by an officer; and
f. When a police canine bites an individual.

  1. Contact the officer(s) involved in the use of force,
  2. Request a UEDI to photograph the person who had the force used against them.

If a UEDI is unavailable a Crime Scene Unit Investigator shall be requested.
In their absence, the responding supervisor will take the photos.

a. The photographs shall include photos of any documented, visible or alleged injuries.
b. The photographs shall take place as soon as practical after the incident.
c. photographs will be handled in accordance with GM Procedure 408, Digital Photography.

631
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 – Response to Resistance

.12 SUPERVISORS’ RESPONSIBILITIES

B. If a supervisor from the section is not available to respond to the scene of a use of force incident the dispatcher will send __________ supervisor.

A

any available

632
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 – Response to Resistance

.12 SUPERVISORS’ RESPONSIBILITIES

C. The supervisor shall evaluate the circumstances surrounding the use of force incident and:

  1. Interview the prisoner, when available;
  2. Determine and ensure the use of force incident meets the criteria, which requires completion of a Blue Team use. of force entry;
  3. Determine if departmental policies and procedures were followed;
  4. Ensure proper medical treatment has been offered to the prisoner and, if oleoresin capsicum (OC) spray/gel was used, the decontamination process is conducted;
  5. When an ECD has been utilized and the subject received an electrical charge, the supervisor relieves the officer of the ECD.
    The sergeant downloads the ECD’s internal information onto the ECD computer tracking system.
    Afterward, the supervisor returns the ECD to the officer as soon as possible.
    The sergeant also issues the officer replacement cartridges when applicable;
  6. Ensure all officers who used force, in accordance with Subsection .10A of this procedure during the incident, complete a Blue Team use of force entry.
  7. Ensure the officer documents the incident on an Offense or Supplement report completely and accurately, before being submitted for review and entry into Blue Team, in accordance with Section .11 (B).

As soon as possible, but no later than ________ days after the Use of Force incident, conduct a preliminary review the DME and reports.

A

5 calendar days

As soon as possible, but no later than 15 calendar days after the Use of Force incident, ** forward the Blue Team entry through the Chain of Command for review and approval.

  1. Ensure the officer documents the incident in Blue Team, completely and accurately, in accordance with this procedure.
  2. Document in the ‘Comments’ section of the Blue Team use of force entry, when forwarding the incident through the chain of command for approval, details of the incident findings, if any procedural violations were observed which resulted in the use of force entry being duplicated into an Info Log, Line or Formal entry, and if BWC (Body Worn Camera) and COBAN (In Car Camera) videos were available along with which video(s) they reviewed.
633
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 – Response to Resistance

.12 SUPERVISORS’ RESPONSIBILITIES

D. Procedural violations identified by the supervisor will be handled in accordance with GM Procedure 303, Disciplinary Procedures.
Supervisors shall duplicate the use of force entry in Blue Team into a line or formal incident and route the line complaint disposition reports or formal preliminary complaint investigation reports utilizing Blue Team through the chain of command.

E. If the officer is unable to complete the Blue Team use of force entry, ________ shall enter the incident as soon as possible based on available information.

A

the supervisor

F. Supervisors responding to incidents where officers are working out of their regular assignment will perform the initial review/approval of the officer’s Blue Team use of force entry.
The supervisor will then forward the Blue Team use of force entry to the responding supervisor’s chain of command and courtesy copy the involved officer’s Unit Director and Station/Section Commander.
The responding supervisor’s chain of command will be responsible for approving the entry and forwarding through the chain of command in Blue Team.

G. Supervisors not responding to a use of force incident shall document in the ‘Comments’ section of the Blue Team entry when forwarding through the chain of command, the reason they did not respond.

634
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 – Response to Resistance

.12 SUPERVISORS’ RESPONSIBILITIES

H. The unit/shift director receiving a Blue Team use of force entry, shall review all reports and DME pertaining to the incident to ensure completeness and accuracy, that all department policies and procedures were followed based on information available and shall:

A
  1. Ensure that all related information on the use of force incident was entered in a timely manner and all pertinent documentation, to include, but not limited to, copies of any Offense reports/Supplement reports, and Taser downloads, is attached to the Blue Team entry as individual reports and not as one continuous report, regardless of the type.
  2. Document in the ‘Comments’ section, when forwarding the incident through the chain of command for approval in Blue Team, if he/she observed any procedural violations and if BWC and COBAN videos were available along with which video(s) they reviewed.
    If a procedural violation was observed, he/she shall ensure that the incident was duplicated into a Line/Formal entry and handled in accordance with GM Procedure 303, Disciplinary Procedures.
  3. As soon as possible, but no later than 25 calendar days after the Use of Force incident, forward the Blue Team entry through the Chain of Command for review and approval.
635
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 – Response to Resistance

.12 SUPERVISORS’ RESPONSIBILITIES

I. The station/section commander receiving an electronic Use of Force Report entry in Blue Team, shall review it and all reports pertaining to the incident to ensure all department policies and procedures were followed based on information available.

The station/section commander shall then document in the ‘Comments’ section, when forwarding the incident to Internal Affairs, if he/she observed any procedural violations and if DME was available and viewed.

As soon as possible, but no later than ___ calendar days from the Use of Force incident, forward the Blue Team entry to Internal Affairs, or the Division Commander if an ECD was deployed with contact.

A

35 calendar days from the Use of Force incident

636
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 – Response to Resistance

.12 SUPERVISORS’ RESPONSIBILITIES

J. As a result of a use of force incident in which multiple officers from different patrol shifts/units are required to enter a use of force incident into Blue Team.

A
  1. The involved officer(s) shall immediately following the incident and prior to returning back in service, fill out, the Blue Team use of force incident and forward it to the assigned supervisor who made the scene.
    * Each involved officer* will enter his/her own use of force entry into Blue Team and an officer shall not add any additional ‘involved officer’s’ to his/her use of force entry, under any circumstances.

The assigned supervisor who made the scene is responsible for reviewing and approving the Blue Team use of force incident of all officers involved in the use of force incident, regardless of unit assignment, prior to forwarding through the chain of command in Blue Team

  1. The supervisor will route the incident in Blue Team through his chain of command and carbon copy the Unit Director and Station/Section Commander(s) of the officer’s from the different units/shifts.
637
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 – Response to Resistance

.13 USE OF FORCE ANALYSIS

The Chief’s Use of Force Review Board will meet monthly and review the monthly reports generated by Blue Team.
The board will provide oversight for policy and procedural deficiencies, as well as for training and tactical anomalies.
The board chairperson will update the Chief of Police on a monthly basis.

The Use of Force Review Board will include a Captainas a chairperson and two members from the rank of Lieutenant.
The members will be empaneled for __________

A
  • six months (January - June and July - December), following the same schedule as the Complaint and Administrative Review Board.*
638
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 501 – Response to Resistance

.14 POST EVENT PROCEDURES

A. The Internal Affairs Unit will review the Blue Team Use of Force entry to ensure:

  1. The entry was properly routed through the chain of command;
  2. There is no discipline paperwork attached to the entry if a policy violation was observed.

B. All corrections and/or clarifications will be handled through the Blue Team Program and sent to the supervisor who was assigned and approved the incident.

C. The supervisory officer receiving a notification/request for clarification of details or corrections shall ensure the corrections/clarifications are completed within five calendar days and resubmitted via Blue Team to the Internal Affairs Unit.

D. The officer receiving a notification/request for clarification of details or corrections from a supervisor shall complete the corrections prior to the officer’s end of shift of the day notified, or as otherwise directed by the supervisor.
The entry will be resubmitted via Blue Team to that supervisor.

A

E. Officers involved in the use of deadly force shall be placed on administrative duty or administrative leave.

F. A use of force entry, where an identified policy violation was found while the incident is being reviewed, will be duplicated into a line or formal complaint.

G. If a policy violation was found during an incident in which an officer was working outside of his assigned shift or found during an incident involving multiple officers from multiple units/shifts, the supervisory officer assigned to the use of force incident will conduct the preliminary investigation, duplicate the use of force entry into the appropriate incident type and forward the new incident with his findings to the officer’s chain of command for follow up.
The supervisor will copy his immediate chain of command for informational purposes only.

639
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 510 – Carrying Of Handguns

C. List the states with a reciprocal agreement with the State of Texas, On the effective date of this procedure, that allows License holders from these states to carry.

A

Alabama, Alaska, Arizona, Arkansas,
California, Colorado, Connecticut, Delaware,
Florida, Georgia, Hawaii,
Idaho, Indiana, Iowa,
Kansas, Kentucky, Louisiana,
Maryland, Massachusetts, Michigan,
Mississippi, Missouri, Montana,
Nebraska, Nevada, New Jersey, New Mexico,
New York, North Carolina, North Dakota,
Ohio, Oklahoma, Pennsylvania, Rhode Island,
South Carolina, South Dakota, Tennessee, Utah,
Virginia, Washington, West Virginia and Wyoming.

License holders from these states will be required to follow Texas law while carrying in this state.

640
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 512 – Electronic Control Devices

J. Improper handling or inappropriate uses of this device which may result in disciplinary action include, but are not limited to:

A
  1. Needless display of the device;
  2. Careless or haphazard muzzle control of the device;
  3. Use against any person in a punitive manner;
  4. Use or threat of use of the device during an interrogation;
  5. Using the device to awaken a person;
  6. Using the device as a prod;
  7. Using the device on a helpless or obviously disabled person;
  8. Carelessness in its storage;
  9. Abuse of the equipment;
  10. Failure to report damage to the device;
  11. Failure to document receipt of a new or replacement device or cartridge; or
  12. Tampering with the device or the data.
641
Q

GENERAL MANUAL
Procedure 307 –
Public and Media Information

.07 MEDIA ACCESS TO POLICE INCIDENTS

A. Members of the media requesting to ride in a police vehicle to a police incident shall make the request through the Police Media Services Detail, with final approval obtained through the Office of the Chief of Police.

B. Officers should not restrict the movement of media personnel unless their actions clearly and directly interfere with police operations or investigations.
The mere presence of media personnel, the taking of pictures, or the asking of questions does not constitute unlawful interference.

C. Photographs may be taken in or from any public access or officially designated areas. Officers may restrict the use of flash or bright lighting when their use may hinder police operations.

D. No member of the media shall have any property seized or threatened with confiscation without ____________________.
(i.e., cameras, videotapes, film, notes, etc.).

A

due process of law

642
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 310 – Uniforms and Dress Codes

N. ____________ inspections are made in accordance with GM Procedure 315, Line Inspections, by supervisory officers to ensure subordinates are in compliance with this procedure.

A

MONTHLY

change effective August 24, 2020

643
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 310 – Uniforms and Dress Codes

P. Any Officer working in the right-of-way of a federal-aid highway must wear :

A

high-visibility clothing that meets the requirements of ANSI/ISEA 107: 2004 edition, class 2 or 3.

The current issued Blauer 339P High-Visibility Yellow Vest meets these requirements.

644
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 310 – Uniforms and Dress Codes

  1. A regulation metal or embroidered badge and name-tag shall be worn with the regulation uniform, to include all _____________________.

Mixing of metal or embroidered nametags, badges, or rank insignias is not permitted.

A
Shirts 
Jackets
Flight Suits
Sweaters
External body armor carrier vests
Vests or upper body uniform apparel worn as part of the uniform.

e. For the purpose of this requirement RAINWEAR and HIGH-VISIBILITY YELLOW reflective/traffic VESTS are NOT included.

645
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 310 – Uniforms and Dress Codes

A United States Flag Pin may be worn with the complete uniform.

A

If worn, the United States Flag Pin will be worn on the left epaulet of the uniform.
The United States Flag Pin will be professionally displayed, will not be larger than 1” X 1” in size, and will not include any other images, opinions, descriptions, statements, or representations.

646
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 310 – Uniforms and Dress Codes

  1. A minimum of three (3) belt keepers are worn with the equipment belt.

In what fashion are they worn?

A

a. Two (2) keepers are worn on the back of the equipment belt, one (1) on each side of the spinal column.
b. A minimum of one (1) keeper is worn on the front of the equipment belt where it provides the best support.

647
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 310 – Uniforms and Dress Codes

  1. The Following Accessories SHALL be worn on the equipment belt:
A

a. A holster centered over the outside seam of the trouser leg;

b. A magazine holder worn in the front between
the 9 - 3 o’clock position on the belt

c. A minimum of one handcuff case, with handcuffs, positioned over a rear trouser pocket; in an authorized holder
d. An issued radio carrier (as applicable) is worn on the opposite side from the holster.
e. All officers, when in uniform, shall carry at least one (1) approved intermediate weapon in compliance with GM Procedure 309, Weapons (i.e., baton, expandable baton, Electronic Control Device (ECD), or oleoresin capsicum (OC) spray/gel).

648
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 310 – Uniforms and Dress Codes

  1. The following accessories may be worn on the equipment belt:
A

A. A baton ring/or approved expandable baton holster;
B. A flashlight ring or carrier;
C. A mobile phone case;
D. A key holder/flap; and
E. A folding knife and/or a multi-tool in a plain leather covered case.

  • *F. A FIXED BLADE KNIFE
  • must be in a sheath that includes a retention device
    • friction sheaths do not qualify as a retention device.

**SOU (Special Operations Unit)ONLY **
One single rifle magazine holder…..

649
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 310 – Uniforms and Dress Codes

C. Casual Dress Code
1. Members, sworn and non-sworn, assigned to office duties that do not involve any contact with the general public, may report for duty in casual apparel instead of business/relaxed apparel, to include maternity wear (as appropriate).

  1. Casual apparel for male members shall consist of the following:
    a. Casual slacks or jeans (with the Division Commander’s approval); and
    b. Long or short sleeve shirts/pullovers with a collar.
  2. Casual apparel for female members shall consist of the following:
A

a. Casual dresses, skirts, slacks, or jeans (with Division Commander approval);

and

b. Sleeveless dresses and tops will NOT be worn unless they are covered with an outer garment.

650
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 310 – Uniforms and Dress Codes

Field duties include, but are not limited to, duties in any of the following job functions:

A

a. Maintenance or inspection of equipment;
b. Surveillance;
c. Execution of arrest or search warrants;
d. Duties involving strong physical exertion or activities;
e. Any undercover assignment.

651
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 401 – Offense/Incident/Supplemental Reports

C. **Specific instructions for proper DOCUMENTATION concerning TRANSGENDER individuals are found in the training bulletin titled, “Law Enforcement interactions with the TRANSGENDER Community.”

A

This publication is available from the training academy upon request and on the department’s sapd web under references/manuals/documents and training bulletins.**

Added December 5, 2019

652
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 401 –
Offense/Incident/Supplemental Reports

.04 THE PRELIMINARY INVESTIGATION

The Offense Report is prepared and submitted when the preliminary investigation reveals any of the following:

A. An offense classified as a Class B misdemeanor or higher

B. A drug/narcotic violation:

  1. Possession of Narcotic Paraphernalia; and
  2. Inhalant Abuse (City Ordinance Violation).

C. A sex offense (i.e., Sexual Abuse, Indecent Exposure, Public Lewdness, or Disorderly Conduct by Exposure);

D. All thefts (to include confidence operations such as home improvement swindles, Pigeon Drop, Goldbar Swindle, or Three-card Monte);

E. Apparent Sudden Deaths (except deaths resulting from traffic accidents, refer to GM Procedure 707, Crash Investigation). It should be noted the word “Apparent” shall be used in the title, except in criminal homicide cases;

F. Any assault offense, regardless of punishment classification; a

G. Other incidents including:

A
  1. Found Property;
  2. Lost property;
  3. Attempted Suicide;
  4. Accidental shooting (with injury);
  5. Criminal Mischief;
  6. Missing Persons;
  7. Warrantless Emergency Detentions;
  8. Federal Violations.

D. All thefts (to include confidence operations such as home improvement swindles, Pigeon Drop, Goldbar Swindle, or Three-card Monte);

653
Q

GM 410.02 2 page 1 of 10

Officers are REQUIRED to leave the BWC powered ON for their entire shift, EXCEPT _________________.

A

when on a Personal Relief Break.

654
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 504 – Execution of Search Warrants

.02 G.
When planning to effectively serve a high-risk search warrant, ______________ involved in the execution of a search warrant wears body armor.

A

each member

655
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 504 – Execution of Search Warrants

.02 H 4
The Warrant Execution Supervisor, the Verification Officer and the Officer-in-Charge shall ensure that the proper location is identified where the warrant is to be served by:

A

Driving by the location together, or
by other means physically viewing the location together where all three view the location prior to serving the warrant.

656
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 504 – Execution of Search Warrants

.05
TIME OF SEARCH
A. A search warrant is executed in accordance with Code of Criminal Procedure Article 18.07. This article defines the time
allowed for the execution of a search warrant, exclusive of the day of its issuance and the day of its execution, is:

  1. Fifteen (15) whole days if the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples; or
  2. Three (3) whole days if the warrant is issued for a purpose other than described by Subdivision (1).

B. Within the above period allowed for execution, the time of the actual execution is determined based on the following considerations:

A
  1. The execution should occur when the property to be seized is believed to be present;
  2. The execution should occur when the least resistance is expected, or when resistance can best be controlled;
  3. Other such considerations of safety, success, and convenience as may be applicable; and
  4. There are no time limits on the continuous search of a location once actual entry has been made.

A second search is not permitted under the same warrant once officers have left the premises.

657
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 504 – Execution of Search Warrants

.09 D
3. ___________ should be assigned to search a single room or area, if possible.

A

Two (2) officers

There are no time limits on the continuous search of a location once actual entry has been made.

A second search is not permitted under the same warrant once officers have left the premises.

*There is no requirement in the law that persons on the premises at the time of the search identify themselves:
unless there is reasonable suspicion of some involvement in criminal activity or
the person is a witness.

658
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 503 – Obtaining and Serving Arrest Warrants

.12 TRAINING

A. When planning the effective service of “high risk” arrest warrant, prior to assignment as warrant service team, security team or arrest team member, the Officer, Detective and Supervisor will be provided training for the specific duties assigned while serving the arrest warrant.
The training will be documented and will include, at a minimum, the following courses of instruction:

A
  1. Intelligence gathering;
  2. Building entries;
  3. Room clearing;
  4. Weapons handling;
  5. Shield handling techniques; and
  6. Evidence handling procedures.

B. At a minimum, training shall be conducted on a quarterly basis to maintain proficiency in the above listed skills.
C. The Unit Director will be responsible for maintaining a record of all training.

659
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 503 – Obtaining and Serving Arrest Warrants

.11 CRIME VICTIM NOTIFICATION PROGRAM
A. Officers arresting by warrant any person wanted for offenses listed below shall route a copy of the incident report to the applicable follow-up investigative unit:

A
  1. Any crime resulting in death or serious bodily injury;
  2. Any crime where death, serious bodily injury or retaliation in the future is threatened;
  3. Domestic Violence;
  4. Sexual Assault;
  5. Stalking.
660
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 503 – Obtaining and Serving Arrest Warrants

.10 DECONFLICTION

A. The South Texas HIDTA Investigative Support Center (managed by SAPD) has been designated as the hub for deconfliction services by the South Texas HIDTA Executive Board.
As such, it is the single point of contact for the entire South Texas Region.
They can be contacted by phone at 207-2495.

A minimum ______ hour advanced notice to the Deconfliction Center is required for optimum conflict resolution.

A

two (2) hour advanced notice

Procedure 504 –
Execution of Search Warrants .03 A3

661
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 503 –
Obtaining and Serving Arrest Warrants .07 G.

“No Knock Warrants” – Members of the San Antonio Police Department are ____________ from obtaining a “no knock” arrest warrant…..

A

prohibited

or participating with other law enforcement agencies in the attempt to serve a “no knock” arrest warrant.

662
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 503 –
Obtaining and Serving Arrest Warrants .07 E

Field High-Risk Arrest Warrant Service:
The Department is required to routinely serve high-risk arrest warrants at the request of internal follow-up units and external police agencies.
The Covert Section Investigative Teams are often requested to perform surveillance and develop operational plans for apprehension in these circumstances.
The personnel in the Repeat Offenders Unit, Rapid Response Team, Narcotics, and Texas Anti-Gang Detail receive additional training related to the field service of high-risk arrest warrants.
The Warrant Execution Supervisor determines whether field service is the safest operation for officers, the public, and the person sought and supervises all personnel involved in the field service of high-risk arrest warrants.
All personnel involved in the field service of high-risk arrest warrants shall wear body armor
which displays ______________________________.

A

“POLICE” across the front and back and shall wear their issued body worn camera.

When time and situation permit, uniformed officers shall be included in the field service of high-risk arrest warrants.
These actions are limited to field service operations and shall not include *forced entry
into a residence or a business where the inclusion of
Special Operations Unit personnel is required.

663
Q
San Antonio Police Department
GENERAL MANUAL
Procedure 503 – 
Obtaining and Serving Arrest Warrants 
.06 VERIFICATION OF WARRANT INFORMATION
B. Class C Misdemeanor Arrest Warrants

c. If the person who has been detained shows to have active JP warrants only, the officer will contact the respective Justice of the Peace’s office for notification, between the hours of:

A

0800 – 1700.
The office notified will determine if a Constable will be dispatched.
There is no expectation that SAPD officers will transport persons active solely on Justice of the Peace Warrants.

JP 1 (210) 335-2805 
JP 2 (210) 335-4850 
JP 3 (210) 335-4750 
JP 4 (210) 335-4950
664
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 505 – Misdemeanor Citation Release
.03 MISDEMEANOR/CITE AND RELEASE CITATION ISSUANCE AND SUBMISSION

B. The officer shall attach a
*copy of the applicable report,
including ANY evidentiary photographs,
to the
Misdemeanor or the Cite and Release Citation
and forwards all documentation to
the handling agency:

A
  1. Misdemeanor Notice to Appear goes to the
    * San Antonio Municipal Court* through bin mail;
  2. Cite and Release goes to the
    * Bexar County District Attorney’s Office* through bin mail.
665
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 505 – Misdemeanor Citation Release

.05 RESTRICTIONS FOR USE :
A. The Misdemeanor/Cite and Release Citation release is not authorized in any of the following cases:

A
  1. Misdemeanor thefts, other than thefts from businesses;
  2. The person arrested demands an immediate appearance before a magistrate;
  3. The person is arrested on a warrant or has outstanding warrants against him;
  4. The safety of the person arrested or the safety of others may be jeopardized by his release;
  5. The arrested person fails or refuses to give identification;
  6. The person arrested is intoxicated to a degree which renders him unable to care for himself;
  7. The person arrested is injured and has not received the required medical attention;
  8. Any time when physical force is used to affect the arrest;
  9. Class “B” offense of racing, exhibition of speed or acceleration, and reckless driving (exceed Municipal Court jurisdiction); or
  10. The violator refuses to sign the Misdemeanor/Cite and Release Citation.
666
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 506 – Traffic Law Enforcement

.01 INTRODUCTION
This procedure provides guidelines for the uniform traffic law enforcement of all traffic law violations with the primary goal and objective of promoting traffic safety.
.02 POLICY
A. It is the policy of the San Antonio Police Department that on-duty uniformed officers in marked police vehicles enforce all traffic laws when traffic law violations occurs in the officers’ presence.

B. Off-duty officers in uniform or not and on-duty officers not in uniform shall only enforce traffic law violations in accordance with Rule and Regulation 3.25, Traffic Stops While Not In Uniform.

.03 UNIFORMED ENFORCEMENT ACTIONS BY OFFICERS

A. All officers are to use discretion and good judgment in the enforcement of traffic law violations.

B. Enforcement actions officers may use when enforcing traffic law violations include the following:

  1. Warnings (verbal or written);
  2. Citations;
  3. Custodial arrests; and
  4. Towing.

C. The enforcement actions officers take should be commensurate with applicable traffic laws and the degree and severity of the violations should be considered when taking enforcement actions.

D. Officers conduct warrant, insurance, and driver’s license status checks on all persons stopped for traffic law violations.

E. Officers issuing citations to traffic law violators shall afford the violators the opportunity to sign the citations.
No traffic citations will be mailed to traffic law violators.

F. Officers needing to personally file Class C misdemeanor charges with Municipal Court for traffic law violations must submit a written report to their immediate Supervisor prior to filing the charges.
The written report must have an assignment number and state the reason for filing the charges and the date and time of the alleged offense.

G. Although officers use discretion and good judgment in enforcing traffic law violations, they should enforce all traffic law violations in the below listed categories using uniform traffic law enforcement measures according to Training Academy guidelines to achieve voluntary compliance with traffic laws and regulations:

A
  1. Speed violations;
  2. All other hazardous violations, in addition to speeding;
  3. All non-hazardous violations;
  4. Multiple violations;
  5. Off-road vehicle violation (on public property);
  6. Equipment violations;
  7. Public carrier/commercial vehicle violations;
  8. Violations resulting in traffic accidents, if the violations occur in the officers’ presence;
  9. Pedestrian and bicycle traffic violations;
  10. Class “B” offense of Racing, Exhibition of Speed or Acceleration, and Reckless Driving
    (exceed Municipal Court jurisdiction)
    and must be handled in accordance with GM Procedure 505, Misdemeanor Citation Release.
  11. Newly enacted traffic laws and/or regulations.
667
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 506 – Traffic Law Enforcement

.04 METHODS USED TO ENFORCE TRAFFIC LAWS

A. Methods used by officers to enforce traffic laws should not interfere with the safe flow of traffic and should be
consistent with the type of violation committed.

C. In normal traffic law enforcement activities, officers should remain visible as a deterrent for traffic violations.
D. Special or selective traffic law enforcement in high accident areas may be conducted using the visible or concealed stationary method.

B. The Department authorizes three (3) methods for enforcing traffic laws:

A
  1. Line Method - Patrolling between two specific points on a street or expressway;
  2. Area Method - Patrolling within a geographical area; and
  3. Stationary Method - Observing from a specific location, whether visible or concealed.
668
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 506 – Traffic Law Enforcement

.05 STOPPING AND APPROACHING TRAFFIC VIOLATORS - HIGH RISK (FELONY) TRAFFIC STOPS

A. Officers attempting to conduct high risk or felony traffic stops use the following six (6) step stop and approach method:

A
    1. Prior to the stop, follow the vehicle at a safe distance, if possible, and notify the dispatcher of the following:
      a. Location and direction of travel;
      b. Description and license number of vehicle;
      c. Number and description of occupants; and
      d. Wait for cover officer(s) to arrive.

*2. Activate emergency lights and attempt to stop the vehicle in a location of your choice. If the vehicle does not stop, the pursuit is handled in accordance with GM Procedure 609, Emergency Vehicle Operations.

    1. Notify the dispatcher of the location where the stop was made and:
      a. Position your vehicle 30 to 40 feet behind the suspect vehicle;
      b. Take a quick glance at your surroundings for cover and concealment;
      c. Take your weapon out of its holster and be prepared to counter a threat; and
      d. Position yourself using the police vehicle for maximum cover.
    1. Address the occupant(s) of the vehicle with the PA system or by voice:
      a. Identify yourself as a police officer with the San Antonio Police Department; and
      b. Tell the occupant(s) to keep his hands in sight and not to move;

*5. The first arriving cover officer should position his vehicle to the right and even with the primary vehicle, if possible. If not possible, the cover officer should position his vehicle to the left and even with the primary vehicle.

*6. After the officers have communicated responsibilities with each other, the suspect is removed from the vehicle and processed according to the violations committed:
a. If there are multiple occupants in the vehicle, they are removed by either the “echelon” or “one by one” method.
b. If at any time an occupant refuses to exit the vehicle or refuses to surrender, the situation is no longer a high risk traffic stop but is a barricaded suspect or hostage situation and handled in accordance with:
GM Procedure 802, Unusual Occurrences and Critical Incidents.

B. In conjunction with the above (6) steps, officers also use the tactical training received in the Police Training Academy and all of their acquired experience in conducting high risk or felony traffic stops.

669
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 506 – Traffic Law Enforcement

.05 A. 6

b. If at any time an occupant refuses to exit the vehicle or refuses to surrender, the situation is no longer a high risk traffic stop but is a:

A

barricaded suspect or hostage situation and handled in accordance with:
GM Procedure 802, Unusual Occurrences and Critical Incidents.

.05 STOPPING AND APPROACHING TRAFFIC VIOLATORS - HIGH RISK (FELONY) TRAFFIC STOPS

670
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 506 – Traffic Law Enforcement

.06 STOPPING AND APPROACHING TRAFFIC VIOLATORS - LOW RISK TRAFFIC STOPS

B. The seven (7) step stop and approach method is a guideline for low risk traffic stops.
Officers should be aware that they may need to change or alter the method without notice, depending on conditions and circumstances beyond their control.
When this low risk stop and approach method needs to be altered, officers use their training and experience in determining what stop and approach methods work best for the circumstances.

A. Officers conducting low risk or routine traffic stops use the following seven (7) step stop and approach method:

A
  1. Be sure a violation has occurred;
  2. Determine if it is safe to pursue and stop the violator;
  3. Make the traffic stop in a safe place using the emergency lights;
  4. Give the dispatcher the location of the stop and the license plate number of the vehicle;
  5. Park a short distance behind and offset to the left of the violator’s vehicle;
  6. Exit the vehicle in a safe manner while maintaining visual contact with the violator; and
  7. Approach the violator’s vehicle on the driver’s or passenger’s side. Do not go beyond the trailing edge of the driver’s or passenger’s door.
671
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 506 – Traffic Law Enforcement

.07 OFFICER CONDUCT WITH LOW RISK TRAFFIC VIOLATORS

A. Officers conducting routine traffic enforcement activities shall ensure that their conduct and appearance are reflective of a professional police image.

B. Officers conducting routine traffic enforcement activities shall use the following seven (7) step violator contact method that is taught in the Police Training Academy.

  1. Greeting and Identification of the Police Agency - Officers should introduce themselves, stating they are with the San Antonio Police Department;
  2. Statement of Violation Committed - Officers advise the violator as to the reason(s) they were stopped;
  3. Identification of Driver - Officers identify violators by requesting their driver’s license or one of the other listed accepted forms of identification:

a. State issued ID card;
b. United States Passport;
c. United States Military ID;
d. Foreign Passport;
e. Foreign Military ID; or
f. Consular ID.

  1. Statement of Action to be Taken - Officers tells the violator the exact action that is to be taken (i.e., warning, citation, or custodial arrest);
  2. Take The Action - Officers take the action they tell the violator;
  3. Explain What the Violator Must Do
  4. Leave - When the officer has completed the explanation as to what the violator must do, the officer should close the contact with a statement such as “good morning, good afternoon, or drive safely” and immediately return to his vehicle.

When completing STEP 6. Explain What the Violator Must Do - Officers shall explain the following to all violators that have been issued citations:

A

a. The date the violator is to appear in Municipal Court, sets an arraignment date accordingly;

  1. 17 and older – count 30 business days and then use the next arraignment day assigned to each officer.
  2. 16 and younger –officers will write “court will notify” instead of an arraignment date.

b. The violator may plead guilty and either mail in a fine or pay a fine in person at Municipal Court or online at www.sanantonio.gov;
c. The required signature of the violator on the citation is not an admission of guilt, but a promise to appear in court; and
d. If a vehicle is impounded for any reason listed in this procedure, officers will provide the vehicle owner/driver with SAPD Form #13, Impounded Vehicle Release, explaining how and where to recover their vehicle;

NOTE: Warning tickets must be routed to the SAPD Records Office and not Municipal Court.

C. The seven (7) step violator contact method is used to ensure that officers take proper enforcement actions and attempt to favorably alter the violator’s future driving habits while minimizing conflict between the officer and the violator.

672
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 506 – Traffic Law Enforcement

.08 SPECIAL TRAFFIC ENFORCEMENT POLICIES AND PROCEDURES

A. Traffic Law Violators who are Nonresidents of the State of Texas

  1. All officers are to be familiar with the Texas Transportation Code - Chapter 703, Nonresident Violator Compact of 1977. The Nonresident Violator Compact describes the reciprocal provisions applicable to residents of states that are members of the Compact.
  2. When officers stop traffic violators who are nonresidents of this state, officers will assume the violator is from a state which is a member of the Nonresident Violator Compact and process the traffic law violator accordingly.
  3. The United States and Mexico are both a part of the Convention on the Regulation of Inter-American Automotive Traffic and The United Nations Conference on Road Traffic.

Violators with a driver’s license from Mexico:

a. When officers stop traffic violators who are bona fide visitors from Mexico and violator is in possession of a valid unexpired license from Mexico, the officer will process the violator as if the violator were from a state which is a member of the Nonresident Violator Compact.
b. New residents of Texas may use their valid, unexpired Mexico Driver’s License for up to 90 days.

B. Juveniles Traffic Law Violators
1. Juvenile traffic law violators are processed in accordance with this procedure and GM Procedure 602, Juveniles.

A

C. Legislators who Commit Traffic Law Violations

  1. The Texas Code of Criminal Procedure, Art. 1.21, Privilege of Legislators, states that senators and representatives are privileged from arrest during the session of the Legislature, and in going to and returning from a session.
    This privilege applies except in cases of treason, felony, or breach of the peace.
  2. Officers stopping legislators while a session of the Legislature is in progress or while a legislator is traveling to or from a session will not issue citations or make a custodial arrest of a legislator for a traffic law violation.

D. Foreign Diplomats/Consular Officials who Commit Traffic Law Violations

  1. Diplomatic immunity is granted to foreign officials by the United States Government under the provisions of the Vienna Convention on Diplomatic Relations.
    a. Any person having a legitimate claim to diplomatic immunity should carry some form of diplomatic identification issued by the US State Department.
    b. Officers having any questions regarding verification of diplomatic identification may contact the US State Department.
  2. Foreign diplomats and their family members have full diplomatic immunity and shall not be issued citations or physically arrested for traffic law violations.
    They may be temporarily detained to verify immunity status as referenced in GM Procedure 619, Consulate Notification and Diplomatic Immunity.
  3. Consular officials have limited diplomatic immunity, but shall not be issued citations or physically arrested for traffic violations.
    They may be temporarily detained to verify immunity status.
  4. Any officer stopping a foreign diplomat, a family member of a foreign diplomat, or a consular official shall immediately notify a supervisory officer if there is a question regarding their diplomatic status or immunity.
  5. Officers having any contact with foreign diplomats or consular officials during traffic enforcement activities shall document the contact in a written report.
    The report shall be routed through the officer’s chain of command to the Office of the Chief.
673
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 506 – Traffic Law Enforcement

.08 SPECIAL TRAFFIC ENFORCEMENT POLICIES AND PROCEDURES

E. Military Personnel who Commit Traffic Law Violations

  1. Military personnel who commit traffic law violations are treated as residents of this state.
  2. Officers should be aware that the driver’s license requirements for military personnel are different from civilians; therefore, officers refer to the Texas Transportation Code to clarify the status of driver’s licenses held by military personnel.
A

F. Drivers with No Valid Driver’s License

  1. Drivers found to be operating motor vehicles without valid driver’s licenses are arrested for the offense, except:
    a. When the officer verifies the identity of the driver, utilizing an approved form of ID listed below, the officer may issue a traffic citation (instead of booking the individual) for violation of the Transportation Code, Chapter 521.025, License to be Carried and Exhibited on Demand:

(1) State issued ID card;
(2) United States Passport;
(3) United States Military ID;
(4) Foreign Passport;
(5) Foreign Military ID;
(6) Consular ID.

b. If a person does not have a valid driver’s license but does have evidence of financial responsibility on the vehicle:
(1) If there is a passenger in the vehicle with a valid driver’s license, the person with the valid driver’s license will be allowed to remove the vehicle;
(2) The driver will be allowed thirty (30) minutes (from the time the traffic stop initiated) to arrange for another driver with a valid driver’s license to remove the vehicle;
(3) If a licensed driver is not available within the allotted thirty (30) minute time frame, the vehicle will be impounded;
(4) Failure to provide evidence of financial responsibility provides the officer authority to impound the vehicle. (TTC 601.051 – 601.124)
c. When verification of a valid driver’s license is inhibited due to a computer problem and the person’s identity is established, the person is issued a traffic citation; or
d. When a recently expired driver’s license, not suspended, canceled, or revoked, is presented or found to exist for the driver, the person is issued a traffic citation.
2. Persons physically arrested for not having valid driver’s licenses are returned to the City of San Antonio Detention Center.

G. Drivers with No Valid Auto Liability Insurance

  1. Officers have the authority to impound the vehicle of any person driving without state mandated minimum auto liability insurance coverage.
    This policy allows officers the option of impounding the vehicle if a motorist, insured or not, cannot produce the required insurance documentation before being towed.
  2. Officers will first check for evidence of financial responsibility on the vehicle, if the driver is unable to provide such proof, the officer will accept evidence of financial responsibility on the driver, which is covered in GM Procedure 607, Impounding Vehicles, Section .02 C 1-7.
  3. Failure to provide evidence of financial responsibility provides the officer authority to impound the vehicle. (TTC 601.051 – 601.124)
  4. Officers shall follow GM Procedure 607, Impounding Vehicles, Section .10A3, Uninsured Driver, when determining the circumstances in which to impound.
674
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 506 – Traffic Law Enforcement

.08 SPECIAL TRAFFIC ENFORCEMENT POLICIES AND PROCEDURES

H. Drivers with Suspended or Revoked Driver’s License

  1. Drivers found to be operating a motor vehicle while their Texas driver’s license is suspended or revoked, with no prior convictions, are cited for the violation of the Transportation Code, Chapter 521.457, Driving While License Invalid.
    a. The driver may be issued a traffic citation for Driving While License Invalid and the vehicle may be released to a licensed driver or impounded according to GM Procedure 607, Impounding Vehicles.
    b. The driver will be allowed thirty (30) minutes from the time the traffic stop initiated to arrange for another driver with a valid driver’s license to remove the vehicle.
    c. If a licensed driver is not available within the allotted thirty (30) minute time frame, the vehicle will be impounded.
    d. Prior convictions will be noted on a complete driving history or in the master name file of the driver.
  2. Drivers found to be operating a motor vehicle while their Texas driver’s license is suspended or revoked from a prior conviction of Driving While License Invalid are arrested for the violation of the Transportation Code, Chapter 521.457, Subsection (f) and (f-1) Driving While License Invalid (Class B misdemeanor).

a. An offense report is prepared and submitted;
b. Copies of the violator’s driving record, supporting the officer’s probable cause are attached to the offense report and to any copies submitted to the magistrates or representatives of the District Attorney’s Office;
c. Traffic citations are issued or the person is booked for other traffic violations committed.

  1. If the arrested person presents a current or expired Texas driver’s license, the driver’s license is confiscated as evidence and placed in the Property Room.

I. Refusal to Sign Citation

  1. Adults refusing to sign a traffic citation are booked for the violation committed and transported to the City of San Antonio Detention Center following normal booking procedures.
  2. Juveniles refusing to sign a traffic citation are returned to the Juvenile Processing Office and processed in accordance with Juvenile Processing Office standard operating procedures.
A

J. Arrests for City and DPS Traffic Warrants

  1. When Texas Department of Public Safety troopers arrest persons wanted on City of San Antonio Municipal Court traffic warrants, the troopers are authorized to transport the subjects to the City of San Antonio Detention Center for processing.
  2. When SAPD officers arrest persons wanted on DPS traffic warrants, the officers shall call the DPS Communications Office (531-2280), located at 6502 S. New Braunfels, to verify the traffic warrant prior to returning the subjects to the City of San Antonio Detention Center.
    a. If the warrant is active, the DPS Communications Clerk is asked to fax or teletype the verification to the Magistrate’s office at the Detention Center (335-6120).
    b. If the DPS traffic warrant is not active or if verification can not be made within thirty (30) minutes, the subjects shall be released outright.
675
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 506 – Traffic Law Enforcement

.09 REFERRAL OF DRIVERS FOR RE-EXAMINATION

A. All officers receive training through the Police Training Academy regarding the identification of drivers who are suspected of having physical or mental disabilities, disease, or other conditions that might prevent them from operating a motor vehicle in a safe manner.

B. Any officer conducting traffic law enforcement or traffic crash reporting/investigating activities who comes into contact with a person they believe has a condition that prevents the person from operating a motor vehicle in a safe manner shall refer the person to the Texas Department of Public Safety for
re-examination in the following manner:

A
  1. The officer completes a Medical Evaluation Request form supplied by the Texas Department of Public Safety.
  2. Routes the completed form to the Texas Department of Public Safety at the address listed on the form.
676
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 507 – DWI Arrests

.01 INTRODUCTION

A. This procedure provides guidelines for the detection, arrest, and processing of drivers who are suspected of operating a motor vehicle while intoxicated.

B. This procedure also provides guidelines for handling minors who are suspected of operating a motor vehicle while under the influence of alcohol.

C. In addition, this procedure gives guidance for the implementation of the Texas Administrative License Revocation (ALR) Statute for intoxicated drivers who either refuse or fail a blood or breath test.

D. This procedure also assigns responsibilities for the assignment of members as qualified intoxilyzer/video operators and the maintenance of supplies and equipment used in intoxicated driver testing.

.02 POLICY

The responsibility to remove intoxicated drivers from the roadway extends to all sworn members of the Department;

A

regardless of their actual duty status or primary unit of assignment.

677
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 507 – DWI Arrests

.04 PROBABLE CAUSE FOR DWI OR DUI

A. Officers establish probable cause for arresting drivers for Driving While Intoxicated (DWI) or for Driving Under the Influence of Alcohol by Minor (DUI) by relying on personal knowledge and training, including:

A
  1. Personal observation of drivers involved in traffic accidents and or traffic violations;
  2. Reasonable suspicion based on information provided by individuals who are witnesses to traffic violations and/or traffic accidents involving the person suspected of being intoxicated or under the influence; or
  3. Personal observation of drivers stopped after the officer develops reasonable suspicion based on articulated facts of actions which do not meet the criteria of traffic violations (i.e. drifting within lane of travel, failure to maintain speed, etc.)
678
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 507 – DWI Arrests

.04 PROBABLE CAUSE FOR DWI OR DUI

B. After a traffic stop or arrival at a traffic accident scene, the officer shall:

A
  1. Remove the driver to a place of safety if he is suspected of being intoxicated.
  2. Conduct a field interview using questions listed on SAPD Form #24-1A, DWI/Traffic Case Report, to develop further probable cause.
  3. Conduct the standardized field sobriety test. Officers operating vehicles equipped with an on-board video camera will record the administering of the standardized field sobriety test.
    The video recording will be labeled for evidence if the suspect is arrested, in accordance with GM Proc 409, Mobile Video Recording.
  4. Record any observations on SAPD Form #24-FSC, Officer’s Field Sobriety Checklist.
679
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 507 – DWI Arrests

.04 PROBABLE CAUSE FOR DWI OR DUI

C. Other sobriety tests that an officer may conduct are:

A
  1. Reciting of the alphabet
    (in order from A to Z)
  2. The numerical count
  3. Modified Romberg Balance Test
  4. Finger-to-Nose
680
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 507 – DWI Arrests

.04 PROBABLE CAUSE FOR DWI OR DUI

D. A field sobriety test may be impractical when it would jeopardize the safety of the officer or the suspect.
If such situation arises, it should be documented in the officer’s report.

E. If after conducting the standardized field sobriety tests the officer has determined that a minor is not intoxicated, but has a detectable amount of alcohol in his system, the minor will be processed for DUI in accordance with Section .05 of this procedure.

F. Drivers suspected of being intoxicated, and who refuse to perform field sobriety tests, are transported to the DWI Testing Room to be processed in accordance with Sections .09, .10, .11 and .12 of this procedure.

G. Recording Suspected DWI Violators:

A
  1. When an officer makes a decision to start an investigation of a violator, the officer shall activate the mobile video recorder but shall not verbally articulate the initial traffic violation observed or any observations of the SFST.
  2. When stopping the violator, the officer positions the police vehicle approximately two car lengths behind the suspect’s vehicle in order to create a proper arena of performance for Mobile Video Recording.
    If two car lengths are not possible, the officer adjusts the camera angle before leaving the police vehicle to ensure a safe and effective arena of performance.
  3. Optimum lighting should be used at night whenever possible for Mobile Video Recording and BWC:
    a. Low beam headlights and takedown lights should be used during mobile video recording. High beam and spotlights should be used only when needed for the safety of the suspect and officer.

b. When Standardized Field Sobriety Tests (SFSTs) are being performed, no spotlights should be directed at the offender’s vehicle, and should only be pointed at the ground.
Also, wigwag headlights shall not be used, and the front strobe lights, if so equipped, shall be turned off.
The rear strobes may be activated for suspect and officer safety.

  1. The officer should not articulate reasonable suspicion or probable cause as it develops.
    As needed, the officer removes the suspect from the suspect’s vehicle and escorts him to the right rear of the suspect vehicle, with the suspect facing the police vehicle.
    The officer should stand so as to observe the suspect as well as any other occupants in the vehicle and to monitor vehicle traffic.
  2. Any intoxicants found in the suspect vehicle, as well as any evidence seized, shall be brought in view of a camera and the officer shall articulate the description of the evidence in order to record such information.
681
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 507 – DWI Arrests

.05 DRIVING UNDER THE INFLUENCE OF ALCOHOL

A. Minors who operate a motor vehicle in a public place with any detectable amount of alcohol concentration of less than .08 in their system are in violation of the Texas Alcoholic Beverage Code, Section 106.041, Driving Under the Influence of Alcohol by Minor.

  1. Minors under this offense are individuals younger than 21 years of age and include juveniles.
  2. Individuals, 21 years of age or older, are not charged for the offense of DUI.

B. Minors arrested for DUI or DWI will be processed under the Administrative License Revocation Statute in accordance with Section .13 of this procedure.

C. Minors operating a motor vehicle who are not intoxicated, but where officers have probable cause to suspect that the minor has any detectable amount of alcohol in his/her system shall process the minor as follows:

A
  1. Arrest the minor for the offense of DUI and offer the minor a voluntary portable breath test at the scene of the arrest using a portable breath tester.
  2. If the minor agrees to a voluntary portable breath test, perform the test on the minor at the scene.
682
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 507 – DWI Arrests

.05 DRIVING UNDER THE INFLUENCE OF ALCOHOL

D. DUI by Individuals -
(17 years of age or older and under 21 years of age)

  1. If the portable breath test shows any alcohol concentration of less than .08 in a minor’s system who is:
A

seventeen (17) years of age or older and under twenty one (21) years of age,

the officer may release the minor to a responsible, sober adult, preferably a parent. 
Otherwise, the officer may book the minor into the Detention Center for the class C misdemeanor offense of DUI;
  1. Vehicles driven by minors who are seventeen (17) years of age or older are impounded in accordance with GM Proc.
    607, Impounding Vehicles.
683
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 507 – DWI Arrests

.05 DRIVING UNDER THE INFLUENCE OF ALCOHOL

E. DUI by Individuals – (10 years of age or older and under 17 years of age)

  1. If the juvenile’s portable breath test shows any alcohol concentration of less than .08, the officer shall attempt to contact the juvenile’s parent or legal guardian and allow them one (1) hour to come to the scene to take custody of the juvenile.
  2. If the parent or legal guardian of a juvenile comes to the scene to take custody of the juvenile, the juvenile is issued a misdemeanor citation for the class C misdemeanor offense of DUI and released to the parent or legal guardian.
  3. If the parent or legal guardian of a juvenile does not take custody of the juvenile within the allowed one (1) hour, the juvenile is issued a misdemeanor citation for the class C misdemeanor offense of DUI and transported to the
    Youth Crimes Services Office
    for further disposition.
  4. Vehicles driven by juveniles are released to the vehicles registered owner, or impounded in accordance with GM Proc. 607, Impounding Vehicles.
    Vehicles are not released at the scene to individuals who are arrested for DUI
A

F. Minors who refuse a standardized field sobriety test and a portable breath test are transported to the DWI Testing Room, where the officer will obtain a warrant for a blood draw.
The minor is arrested for DWI pending results of blood toxicology testing.

G. Minors who are arrested for DWI and whose Breath Alcohol Concentration level is below 0.08 are arrested for DUI when the arresting officer believes that the violator has no other impairment-causing drugs in their system that would render the subject in violation of DWI.

H. Required Reports For DUI Arrests

  1. SAPD Form #24-1A DWI/Traffic Case Report will be completed listing the probable cause and the results of the portable breath test.
    The letters “DUI” are written across the top of the report in bold print.
  2. SAPD Form #DIC-23, Peace Officer’s Sworn Report is completed when a minor is issued a misdemeanor citation for DUI or is arrested and booked for DUI.
  3. SAPD Form #DIC-24, Statutory Warning is completed if a chemical test is given or offered. A copy is given to the minor.
  4. SAPD Form #DIC-25, Notice of Suspension, is completed when a minor is issued a misdemeanor citation for DUI or is arrested and booked for DUI.
    A copy of the form is given to the minor.

I. All applicable reports and forms, including citations and the minor’s Texas driver’s license, are stapled together and placed in the report receptacle located at each area substation.

J. Minors who either refuse testing or register any detectable amount of alcohol on a chemical test or portable breath test in addition to the class C misdemeanor charges, will be processed under the Administrative License Revocation Statute.

684
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 507 – DWI Arrests

.06 DWI ARREST AND VEHICLE DISPOSITION

A. Suspected intoxicated drivers are arrested and transported to the City of San Antonio Detention Center in accordance with GM Proc. 601, Prisoners.
When juvenile suspects are arrested, officers are responsible for making the proper notifications in accordance with Section .07 of this procedure.

B. In conjunction with the arrest of drivers suspected of being intoxicated, officers:

A
  1. Collect and record items of evidence;
  2. Identify and record the names of all passengers and witnesses; and
  3. Record investigative questions and verbal responses made by drivers, the smell of intoxicants on drivers, and other identifying factors that may indicate to the officer that the driver is intoxicated at the time of the arrest.

C. When available, a secondary officer should be used to impound the suspect’s vehicle in order to expedite the processing of the DWI suspect.

D. Suspects’ vehicles are impounded in compliance with GM Proc. 607, Impounding Vehicles.

E. Evidence and personal property are handled according to GM Proc. 606, Impounding Property.

685
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 507 – DWI Arrests

.07 JUVENILE – DWI ARRESTS

A. When a juvenile is taken into custody for the offense of Driving While Intoxicated (DWI), the arresting officer shall promptly give notice of his action and a statement of the reason for taking the juvenile into custody, to:

  1. The juvenile’s parent, guardian, or custodian; and
  2. The Youth Processing Office.

B. Notification of an arrest of a juvenile may be made through the Communications Unit or by the officer himself.
The notification process should be conducted within one (1) hour of the arrest and will be documented in the officer’s report.

C. When a juvenile is taken into custody for the offense of Driving While Intoxicated (DWI), the juvenile will be given testing preference in the DWI Testing Room.

A

D. Interaction between adults and juveniles in the Detention Center and DWI Testing Room should be kept to a minimum.

E. An SAPD Officer guards the juvenile at all times while in the Detention Center and DWI Testing Room.

F. Officers shall alert the intoxilyzer operator and the detention center personnel to clear the DWI Testing Room when transporting juvenile DWI suspects for testing.

G. Juvenile DWI suspects shall be read SAPD Form DIC-#24, Statutory Warning on video, and the offering of the breath test or blood test and their response shall be recorded on the video camera prior to the chemical test.
The juvenile is permitted to waive or assert his rights regarding taking the breath test, blood test, or other DWI test without the concurrence of an attorney.

H. Upon completion of all testing procedures, the juvenile must be taken to the Youth Processing Office for processing.

I. Injured or sick juvenile suspects arrested for DWI, DUI, Intoxication Manslaughter or Intoxication Assault are handled in accordance with
GM Proc. 602, Section
.10, Injured or Sick Juvenile Suspects, and Section
.10D of this procedure when a blood draw warrant is required.

686
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 507 – DWI Arrests

.08 DWI TESTING ROOM SECURITY

A. Suspects are thoroughly searched prior to entering the Detention Center.

B. Suspects must be handcuffed prior to entering the Detention Center and will remain handcuffed at all times while in the Detention Center, except when in the DWI Testing Room.

C. Officers secure their weapons in the gunlock boxes provided at the entrance to the Detention Center.

D. DWI suspects will be searched by a detention guard when the suspects enter the Detention Center.
Officers will advise detention center personnel that they have a DWI suspect so that searching priority will be given to the suspect.

E. Personal property belonging to DWI suspects that are accepted at the Detention Center will be inventoried and kept at the booking area while the suspect is being tested.

  1. A Magistrate Services-Detention Center Form #17, Registration/Property Form, will be filled out and signed by the detention guard, the arresting officer, and the DWI suspect.
  2. In the event the DWI suspect is to be released from custody, he is returned to the booking area and all personal property listed on the Registration/Property Form is returned.

F. Personal property belonging to DWI suspects that is not accepted at the Detention Center is processed according to GM Proc. 601, Prisoners.

G. Only persons on authorized police business or persons with the expressed permission of the Chief of Police are allowed in the DWI Testing Room at the City of San Antonio Detention Center while tests are being administered.

H. Adult suspects taken to the DWI Testing Room are seated at the interview cubicle on the side identified for suspects.

A
  1. Violent and uncooperative prisoners will remain handcuffed while in the DWI Testing Room.
  2. All prisoners will be handcuffed prior to leaving the DWI Testing Room.
    DWI suspects who pass the intoxilyzer test will also be handcuffed until they have been processed out of the Detention Center.
687
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 507 – DWI Arrests

.09 PRE-TESTING PROCEDURES FOR DWI

A. Suspects are not allowed to smoke, chew gum, eat, drink, or introduce any substance into their mouth prior to testing.

B. A qualified intoxilyzer/video operator is assigned to the DWI Testing Room every day from 2000 hours to 0600 hours. During other times the arresting officer will request a qualified on-duty intoxilyzer/video operator through the Communications Unit. Only qualified intoxilyzer/video operators are allowed to administer the BAT.

C. The arresting officer prepares and reads SAPD Form #DIC-24, Police Officer DWI Statutory Warning, to the suspect, OR

D. The arresting officer prepares and reads SAPD Form #DIC-55, Peace Officer Statutory Warning for Commercial Motor Vehicle Operators, if the suspect was operating a commercial motor vehicle.

E. The arresting officer will request the suspect to voluntarily submit to a chemical test to determine the level of alcohol concentration in their system.

A

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST

A. The Portable Breath Test – Voluntary

  1. Portable breath testers will only be used and administered to drivers in conjunction with Standardized Field Sobriety Tests (SFST) to determine if cause of impairment is alcohol or drugs under the following conditions:
    a. To determine any detectable amount of alcohol in the minor’s system, when an officer has probable cause to believe that a minor is operating a motor vehicle while under the influence of alcohol;
    b. To determine any detectable amount of alcohol in a driver’s system while operating a commercial motor vehicle; and
    c. When a driver is suspected of driving while intoxicated and is injured or physically disabled to the point where he is unable to perform the Standardized Field Sobriety Test (SFST).
  2. Officers operating vehicles equipped with an on-board video camera will record the administering of the portable breath test.
    The portable breath test results will not be recorded by the on-board video camera.
    If an officer is not able to record the administering of the portable breath test, (i.e., the suspect is out of the cameras range and he is not able to be relocated back into camera range) the officer will document the reason why the portable breath test was not recorded on video in the details of his report.
  3. Officers will detail in their report the conditions under which a portable breath test is used.
688
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 507 – DWI Arrests

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST

B. The Breath Test - Voluntary

  1. Officers having a suspect who is arrested for the offense of DWI and who consents to a breath test will proceed under the direction of the intoxilyzer/video operator.
  2. Depending on the outcome of the breath test, the suspect is:

a. Released from custody and transported to the Growdon Storage Facility located at 3625 Growdon Road to recover his vehicle, if the Blood Alcohol Concentration (BAC) level is below 0.08 and the suspect is twenty-one (21) years of age or older and not otherwise impaired (DRE).
If the suspect is under twenty- one (21) years of age, the suspect is handled in accordance with
Section .05 Driving Under the Influence of Alcohol.

b. Booked into the City Detention Center or the Bexar County Juvenile Detention Center if the BAC level is 0.08 or higher according to booking procedures; or

c. Evaluated by a Drug Recognition Expert (DRE) - The suspect exhibits symptoms of intoxication but the breath test does not indicate a significant level of alcohol concentration consistent with the impairment.
If the suspect consents to a drug evaluation, proceed under the direction of the Drug Recognition Expert.
If the suspect refuses a drug evaluation, proceed to the next step.

d. Videotaped - The suspect exhibits symptoms of intoxication but the breath test does not indicate a significant level of alcohol concentration consistent with the impairment and the suspect has been evaluated or refused to be evaluated by a drug recognition expert (DRE).
If the suspect consents to being videotaped, proceed under the direction of the intoxilyzer/video operator in accordance with Section .11 of this procedure.
If the suspect refuses to be videotaped, proceed to Section .10B2f of this procedure.

e. Depending on the results of the Drug Recognition Evaluation by the Drug Recognition Expert and/or the probable cause established by the videotape the suspect is either:

(1) Released from custody and transported to the Growdon Storage Facility to recover his vehicle if not otherwise impaired; or
(2) Booked into the City of San Antonio Detention Center or the Bexar County Juvenile Detention Center for the offense of DWI, according to booking procedures.

f. If the suspect refuses a drug recognition evaluation and/or refuses to be videotaped, the suspect is booked for the proper DWI offense.

A
  1. Officers having a suspect under arrest for the offense of DWI who refuses to submit to a voluntary breath test will process the suspect as follows:

a. Officer shall apply for a warrant to collect the suspect’s blood, in accordance with section .10D of this procedure;
b. Follow Section .11 of this procedure; and
c. Book the suspect for DWI.

688
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 507 – DWI Arrests

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST

C. Blood Test - Voluntary

  1. The voluntary blood test is offered to a suspect who is under arrest for the offense of DWI, and;
    a. The suspect is suspected of being under the influence of drugs and/or alcohol; or
    b. When the suspect is sick or injured and is to be transported to a medical facility for treatment; or
    c. The suspect is too intoxicated to complete the breath test.
  2. If the suspect submits to a voluntary blood test, the blood is collected at a medical hospital or medical facility by qualified medical personnel:
    If the suspect is unconscious, officers must still read aloud the DIC-24, Statutory Warning, before a blood specimen will be taken.

a. Officers will request that medical personnel obtain two (2) 10-ml gray-topped vials of suspect’s blood. Each vial should contain eight (8) to ten (10) milliliters of suspect’s blood.
b. After obtaining a barcode number, the blood samples and the completed Bexar County MEO Toxicology Laboratory–Analysis Request Form or DPS laboratory submission form (DPS Form LAB-12), are placed in a Blood Collection Kit and placed in the appropriate refrigerated lock box in the evidence refrigerator located at 401 S. Frio.

(1) A barcode label will be placed on the top of the Blood Collection Kit;
(2) A copy of SAPD Form #DIC-23A, Specimen Routing Report, the correct lab submission form, and Chain of Custody form will be placed inside the Blood Collection Kit; and
(3) If the officer suspects that drugs are involved in the intoxication, he makes a notation on the toxicology submission form to have a drug screen test performed on the blood sample.

A
  1. Suspects under arrest for any offense of DWI are processed as follows;

a. Booked, according to booking procedures as outlined in GM Proc. 601, Prisoners or GM Proc. 602,
Juveniles.

b. May be issued SAPD Form #52-X, Notice to Hospitalized Suspects, and released to the care of a hospital with the approval of a supervisor as outlined in GM Proc. 601, Prisoners and 602, Juveniles when the suspect is arrested for a misdemeanor DWI offense; or
c. Injured adult suspects arrested for a felony DWI offense, Intoxication Assault, or Intoxication Manslaughter will be handled in accordance with GM Proc. 601, Section .15.
d. Injured or sick juvenile suspects are handled in accordance with GM Proc. 602, Section .10, Injured or Sick Juvenile Suspects and Subsection .10D of this procedure when a mandatory blood test is required.

689
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 507 – DWI Arrests

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST

D. Blood Test – Warrant

  1. A blood test will be taken if a traffic accident resulted in a death or caused serious bodily injury to another and the officer has probable cause to believe that the accident occurred because a driver was operating a motor vehicle while intoxicated.

If these conditions are present, the following steps are taken:

A

a. A Traffic Investigations Detail Detective is dispatched to the scene of the traffic accident;
b. The suspect is arrested for the offense of Intoxication Assault or Intoxication Manslaughter;

c. The suspect is offered a voluntary blood test by reading SAPD Form #DIC-24, Statutory Warning to the suspect.
If the suspect consents to a voluntary blood test, follow Section .10E of this procedure for drawing the blood.

  1. If the suspect refuses a voluntary blood test, the officer shall apply for a warrant for a blood specimen to be taken.
    The blood will be drawn in accordance with Section .10E of this procedure.
  2. If the suspect is unconscious and incapable of refusal, officers must still read aloud the DIC-24, Statutory Warning, before a blood specimen will be taken under implied consent.
    The blood will be drawn in accordance with Subsection .10E of this procedure.
  3. When a suspect is going to be charged with Intoxication Assault or Intoxication Manslaughter, officers will have medical personnel draw the suspect’s blood. Medical personnel will obtain two (2) 10-ml gray-topped vials of suspect’s blood.
    Each vial should contain eight (8) to ten (10) milliliters of suspect’s blood.
  4. After qualified medical personnel have taken the mandatory blood specimen, officers will follow Subsection .10E of this procedure in processing the blood specimen.
  5. SAPD Form #TLE-51A, Affidavit of Person who Withdrew Blood is prepared and submitted for all mandatory blood tests.
  6. When a blood specimen has been taken, the adult suspect is to be booked into the City of San Antonio Detention Center, by proxy if necessary, for the offense of Intoxication Assault or Intoxication Manslaughter.
    Hospitalized adult suspects arrested for the offense of Intoxication Assault or Intoxication Manslaughter will not be issued SAPD Form #52-X and released.
    Officers will guard the suspect until relieved by the Bexar County Sheriff’s Department.
  7. When a blood specimen has been taken from a juvenile, the juvenile is handled in accordance with GM Proc. 602, Section .10, Injured or Sick Juvenile Suspects.
  8. When a blood specimen has to be taken and the suspect resists the medical personnel’s efforts to conduct the blood draw the officer may utilize the Emergency Restraint Chair designed for this purpose.
    A restraint chair is available in the nurse’s area of the Detention Center.

a. Officer’s utilizing the Emergency Restraint Chair will follow the manufacturer’s instructions for use, which are posted in the Detention Center medical area.
b. Officers will ensure that any restrained suspect is continually monitored by an officer while restrained.

690
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 507 – DWI Arrests

.10 DWI CHEMICAL TESTS AND THE PORTABLE BREATH TEST

E. Blood Collection Kits

  1. Blood Collection Kits include:
    a. Toxicology/Blood Alcohol Kit Laboratory Submission Form (LAB-12)
    b. Two (2) 10-ml Blood Collection Vials (gray-top vacutainers) each containing 100 mg of Sodium Fluoride and 20 mg of Potassium Oxalate
    c. Two (2) absorbent pouches to cushion the blood collection vials and to absorb blood if breakage should occur
    d. Two (2) plastic screw-cap tubes to hold blood collection vials in the absorbent pouches
    e. Foam padding with two (2) spaces to hold plastic screw-cap tubes
    f. Blood Vial Seals (tamper-evident) for each blood collection vial
    g. Integrity Seal (tamper-evident) to reseal box
    h. Mailing Label
    i. Plastic Sleeve on the outside of the blood specimen mailer box to hold laboratory submission forms.
A
  1. To assemble Blood Collection Kit, officers will:
    a. Complete the Subject Consent form and ensure that both the subject and witnesses sign the form where indicated.
    b. Complete the information requested on the Toxicology/Blood Alcohol Kit Lab Submission Form (LAB12) and the Blood Vial Seals.
    c. Verify the information on the Blood Vial Seals after the specimen has been collected by a qualified medical professional, remove the backing from the seals, affix the circle on the seal to the rubber stopped, and press the ends of the seal down the sides of each blood vial.
    d. Insert each blood collection vial into an absorbent pouch and secure each pouch containing the blood vial into a plastic screw-cap tube before placing inside the foam holder in the box.
    e. Place all paperwork - a copy of SAPD Form #DIC-23A, Specimen Routing Report, the correct lab submission form, and Chain of Custody form – into the Blood Collection Kit box.
    f. Obtain a barcode evidence label with the case number and suspect’s information.
    g. Place Completed Blood Collection Kit in the refrigerated lock box located in the evidence refrigerator at 401 S. Frio St.
  2. All Blood Collection Kits will be reviewed by a property room attendant to ensure forms are completely and correctly filled out.
    The property room attendant will assure that the box is sealed properly prior to transport for testing.
691
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 507 – DWI Arrests

.11 VIDEO RECORDING IN THE DWI TESTING ROOM

A. COBAN video is recorded when video was not available at the scene, when conducting a DRE, or when reading the DIC-24 to juveniles.

B. The arresting officer follows the directions of the intoxilyzer/video operator in the production of the videotape.

C. The videotape strives to show whether or not the suspect has normal use of his mental and physical faculties.
The videotape sobriety tests includes but is not limited to:

A
  1. Field sobriety tests listed on SAPD Form #24-FSC, Officer’s Field Sobriety Checklist;
  2. Any alternative sobriety tests listed in
    Section .04C; and
  3. An Interview.

D. No type of force will be used to compel suspects to complete the video once they have entered the video room and refused to be video recorded.

692
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 507 – DWI Arrests

.12 DRUG RECOGNITION EVALUATIONS

A. A Drug Recognition Evaluation is conducted in the event a suspect needs to be evaluated for drug usage in accordance with Section .10E of this procedure.
The evaluation is video recorded and is conducted by an on-duty Drug Recognition Expert.
DREs are assigned to both patrol and traffic shifts.

B. If no on-duty DRE is available, the Communications Unit will attempt to notify a DRE that is off-duty.
If the Communications Unit is unable to locate a DRE, or if the DRE is unable to respond to the DWI Testing Room within one (1) hour, the suspect will be videotaped in accordance with Section .11 of this procedure.

C. After the sobriety tests have been conducted, and while on videotape, the suspect is read SAPD Form #DIC-24, Statutory Warning and asked for a blood specimen.
If the suspect voluntarily agrees to give a blood specimen, the suspect is processed in accordance with Section .10, Subsection C or Subsection D according to the type of offense the suspect will be charged with.

D. If the suspect refuses to be videotaped and/or refuses a voluntary blood test, the suspect is booked for the appropriate DWI offense.

E. All drug recognition evaluations are conducted at the DWI Testing Room located in the City of San Antonio Detention Center.
This includes evaluations for outside law enforcement agencies.
All field sobriety tests, as well as breath tests, which will determine the likelihood of drug influence (i.e. The suspect exhibits symptoms of intoxication, but the breath test does not indicate a significant level of alcohol concentration consistent with the impairment) should be conducted prior to summoning a DRE to the Magistrate’s Office.

  1. An SAPD case number will be assigned to any drug recognition evaluation for outside agencies.

F. If a suspect is evaluated for the use of drugs by a Drug Recognition Expert (DRE), the DRE will be responsible for using the 12-Step Drug Recognition Evaluation process outlined on SAPD Form #24-DI, Texas DRE Evaluation Form.

  1. All Drug Recognition Expert evaluations will be placed on SAPD Form 24-DI, Texas DRE Evaluation Form.
    The Drug Recognition Expert will properly evaluate the suspect and complete SAPD Form #24-DI, Texas DRE Evaluation Form, including medical rule outs.
  2. All Drug Recognition Evaluations will be conducted on video. The video recording will begin at the Psychophysical Test, Step 5 on SAPD Form #24-DI, Texas DRE Evaluation Form.
  3. The Drug Recognition Expert may ask for a urine or blood specimen to confirm his opinion on the Drug Recognition Evaluation form.

a. If the suspect voluntarily gives a urine specimen, the Drug Recognition Expert will be responsible for collection of the specimen and will fill out the request forms for chemical testing at the Medical Examiner’s office.
The Drug Recognition Expert will also be responsible for ensuring the delivery of the urine sample to the Medical Examiner’s office.

b. If the Drug Recognition Expert is going to request a voluntary blood test from the suspect, the DRE will read SAPD Form #DIC-24, DWI Statutory Warning to the suspect while being video recorded requesting the blood test.
c. If the suspect agrees to provide a voluntary blood specimen, the Drug Recognition Expert will ensure the proper lab submission forms are filled out and submitted with the Blood Collection Kit and give them to the arresting officer.
d. The arresting officer will be responsible for ensuring the blood specimen is obtained and placed into the refrigerated lock box in the evidence refrigerator at 401 S. Frio St. prior to returning to service.

A
  1. If prescription medication or drugs are found on the suspect, the arresting officer will be responsible for collecting and reporting them to the Drug Recognition Expert.
    The DRE will be responsible for identifying the type of medication/drug through the use of the Physician Desk Reference book, and/or Poison Control.
    The arresting officer will place the medications or drugs determined to be evidence in the property room in accordance with departmental procedures.
  2. Depending on the results of the Drug Recognition Evaluation by the Drug Recognition Expert and/or the probable cause established by the video, the suspect is either:
    a. Released from custody and transported to the Growdon Storage Facility to recover their vehicle if not otherwise impaired

b. Booked into
the City of San Antonio Detention Center or
the Bexar County Juvenile Detention Center
according to departmental procedures

693
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 507 – DWI Arrests

.13 ADMINISTRATIVE LICENSE REVOCATION (ALR)

A. Subjects who either refuse or fail a breath test or blood test, or register a 0.04 or higher alcohol concentration on the breath test if operating a commercial motor vehicle, or minors charged with the offense of DUI, in addition to the criminal process outlined in Section .10, will be processed under the Administrative License Revocation Statute.

B. The Administrative License Revocation process consists of the following steps:

  1. Subjects who refuse or fail a breath test or blood test:
    a. The officer will complete SAPD Form #DIC-25, Notice of Suspension; and
    b. The subject will be given copies of SAPD Forms #DIC-24, DWI Statutory Warning, and #DIC-25, Notice of Suspension.
  2. Subjects operating commercial motor vehicles who either refuse, fail a breath test or blood test, or register a 0.04 or higher alcohol concentration, regardless of the type of driver’s license held:

a. The officer will complete SAPD Form #DIC-54, Peace Officer Sworn Report for Commercial Motor
Vehicle Operator, in addition to SAPD Form #DIC-24, DWI Statutory Warning;

b. The officer will also complete SAPD Forms #DIC-57, Notice Of Disqualification, and #MCS-10, 24 Hour Out-Of-Service Order; and
c. The subject will be given copies of SAPD Forms #DIC-55, Peace Officer Statutory Warning For Commercial Motor Vehicle Operators, #DIC-57, Notice Of Disqualification, and #MCS-10, 24 Hour Out- Of-Service Order.

A
  1. Officers will confiscate the Texas driver’s license from those persons arrested for violations of Penal Codes 49.04, Driving While Intoxicated, 49.07, Intoxication Assault, and 49.08, Intoxication Manslaughter who fail a breath test or refuse to provide a breath or blood specimen.
    Officers will also confiscate the Texas driver’s license from minors arrested for violations of the Alcoholic Beverage Code 106.041 (DUI).

a. Officers will complete SAPD Form #DIC-25, Notice of Suspension and provide a copy to the arrested person as a notice of suspension and a temporary-driving permit.
b. Officers will attach the confiscated driver’s license to the original report, which will be placed into the report receptacle at the substation prior to the end of the shift.
4. *Out of State driver licenses are NOT confiscated.

.14 ROUTING OF DWI REPORT FORMS

A. The officer will place their original DWI report (with confiscated driver’s license attached) in the locked report receptacle at their substation prior to the end of their shift.

B. Copies of all applicable DWI related reports are routed to the Traffic Investigations Detail via PDTID email or bin mail when suspects are not booked and charges need to be filed against them by an investigator.

694
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 507 – DWI Arrests

.15 RESPONSIBILITIES

A. The Special Enforcement Section Commander is responsible for ensuring an adequate number of officers are certified as intoxilyzer/video operators to ensure twenty-four (24) hour coverage.

B. The Records Unit supervisor is responsible for the collection of DWI/DUI reports from the report receptacles at the area substations for routing to the Traffic Investigations Detail.

C. The Traffic Operations Section (TTE) maintains responsibility for:

  1. The operational readiness of the breath testing instruments and video equipment; and
  2. Monitoring the activity in the D.W.I Testing Room.
A

D. The intoxilyzer/video operator is responsible for:

  1. Administering and recording the chemical breath test; and
  2. The proper recording and production of the Coban video.

E. All Service Area and Traffic Shift directors are responsible for:

  1. Maintaining an adequate supply of portable breath testers;
  2. Documenting the issuance of portable breath testers; and
  3. Coordinating the maintenance of the portable breath testers with the Traffic Section Office.
695
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 508 – Field Contacts

.01 INTRODUCTION

A. This procedure is designed to assist officers in determining how and when it is appropriate to stop persons for interviews and interrogations, and when it is appropriate to conduct a frisk.

B. Officers are reminded they must exercise discretion in the use of their authority to field contact, stop, interview, interrogate, and frisk a person.

A

.03 FIELD CONTACTS

A. An officer, in a place he has a lawful right to be, may field contact any person and interview him under circumstances where the officer feels the interview is necessary.
However, the officer may not arbitrarily stop any person he sees on the streets.

B. An officer identifies himself as an officer when initiating a field contact, unless his identity is obvious.

C. Persons who are field contacted and who are not suspects may not be detained against their will for the purpose of an interrogation.
They may be requested to identify themselves, however they are not compelled to do so.

D. Persons field contacted are permitted to go on their way if they choose to do so.

E. If, during a field contact, an officer develops reasonable suspicion to believe the person is involved in criminal activity, the person may be considered a suspect and detained.

696
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 508 – Field Contacts

.04 STOPS FOR INTERROGATION

A. An officer may stop a suspect for the purpose of conducting an interrogation.

B. A suspect may be temporarily detained for the purpose of conducting an investigation and is not free to leave.
The person may be restrained from leaving, if necessary.
An officer may use the amount of force necessary, except deadly force, unless deadly force is offered, to detain and overcome resistance of a suspect who is detained against his will.

C. In identifying a person as a suspect, the officer must be able to point to specific suspicious conduct or circumstances to justify the detention.
Examples of these elements which would assist an officer in justifying a stop and detention are:

  1. The person is making evasive or furtive movements;
  2. The person fits a wanted notice;
  3. The person is near the scene of a recently committed/reported crime;
  4. The person’s demeanor or presence is unusual for the time or the place; and/or
  5. The officer has received information the person is involved in criminal activity.
A

D. In evaluating the person’s conduct or appearance, an officer can rely on his training and experience to determine whether or not the person is a suspect.

E. An officer can base his suspicion that a person is a suspect on information received from a citizen informant, including an anonymous informant.

F. An officer must be able to explain the reason why a person was detained and interrogated. He does not need to point to any one thing which alone would justify his action but should refer to several things, each of which when taken alone may seem harmless, but when considered together by an officer who is trained or experienced in detecting criminal activity, raises a reasonable suspicion of a person’s involvement in criminal activity.

G. A suspect lawfully stopped for an interrogation may be detained for the length of time necessary to:

  1. Verify his identification;
  2. Account for his conduct;
  3. Account for his presence; and
  4. Ascertain whether a crime has been committed.

H. A suspect who is detained against his will is informed by the officer he is not under arrest, but is being temporarily detained to determine if he is involved in any criminal activity.

I. A suspect who is not under arrest and who is detained against his will is released:

  1. As soon as he provides a satisfactory explanation of his presence and his actions; or
  2. After thirty (30) minutes, if the officer has been unable to develop probable cause for an arrest.
697
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 508 – Field Contacts

.05 FRISKS

A. An officer may frisk a person whom he has stopped or field contacted at any time during the encounter if he has reasonable suspicion to fear for his safety.
The frisk must be justified independent of the field contact or stop.

B. The only purpose of a frisk is to find weapons which might put the officer or other bystanders in danger.

C. Officers consider the following factors in developing reasonable suspicion for a frisk:

A
  1. The person makes furtive or evasive moves;
  2. A companion is found to be armed;
  3. The person is a suspect in an offense which involved the use of a weapon;
  4. There are bulges in the person’s clothing or efforts by the person to conceal an object;
  5. Knowledge by the officer the person has been reported to customarily or occasionally carry weapons;
  6. The person’s clothing is peculiar (i.e., wearing a coat during the summer); or
  7. Upon receiving information from an informant the person is armed.

D. A police officer must be able to explain why a person was frisked.
The officer need not point to any one thing which would justify the frisk, but should refer to several things, each of which, when taken alone may seem harmless, but when considered together by an officer who is trained or experienced in dealing with criminal suspects, raises a reasonable suspicion the person poses a threat to the officer’s safety.

698
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 508 – Field Contacts

.06 SCOPE OF FRISKS

A. A frisk is limited to the search of a person’s access areas.

B. In situations where the person is a female, a female officer should conduct the frisk of the person. In cases where a male officer has reasonable suspicion to believe a weapon is secreted in a particular place on a female and a female officer is not present, the male officer may reach directly into that area to seize the weapon.

A

C. Absent exigent circumstances, officers needing to frisk a Transgender, Intersex, or Gender Non-Conforming (TIGN) individual should first verify the person’s gender identity.
This may be accomplished by the officer’s prior knowledge, by the officer inquiring about the person’s gender identity (for example, an officer could ask the individual their preferred form of address or how they identify), or if the individual self-identifies to the officer.
Officers conducting a frisk of a TIGN individual should generally conduct the frisk based on the gender with which the individual identifies.
(For example, an individual whose gender identity is male should be frisked by a male officer and an individual whose gender identity is female should be frisked by a female officer).
If a TIGN suspect or prisoner expresses a preference concerning the gender of the officer conducting the frisk or objects to the gender of the officer conducting the frisk, consideration should be made to honor the preference when reasonable.
In cases where an officer has reasonable suspicion to believe a weapon is secreted in a particular place on a TIGN individual and an officer of a preferred gender is not present, the officer may reach directly into that area to seize the weapon.
Officers should document the details of the frisk using SAPD Form #2-3 or applicable report and seek guidance from a supervisor if needed.
When an individual to be frisked is identified as TIGN, officers shall not question this identity absent articulable, compelling reasons, nor will an officer inquire about intimate details of an individual’s anatomy to determine gender.

D. An officer may frisk a person’s vehicle if the person is in the vehicle or near enough to the vehicle to reach in it at the time of the stop or field contact and the officer has reasonable suspicion to believe the vehicle contains a weapon.

699
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 508 – Field Contacts

.06 SCOPE OF FRISKS

C. Absent exigent circumstances, officers needing to frisk a Transgender, Intersex, or Gender Non-Conforming (TIGN) individual should first verify the person’s gender identity.

This may be accomplished by the officer’s prior knowledge, by the officer inquiring about the person’s gender identity (for example, an officer could ask the individual their preferred form of address or how they identify), or if the individual self-identifies to the officer.

Officers conducting a frisk of a TIGN individual should generally conduct the frisk based on the gender with which the individual identifies.

(For example, an individual whose gender identity is male should be frisked by a male officer and an individual whose gender identity is female should be frisked by a female officer).

If a TIGN suspect or prisoner expresses a preference concerning the gender of the officer conducting the frisk or objects to the gender of the officer conducting the frisk, consideration should be made to honor the preference when reasonable.

In cases where an officer has reasonable suspicion to believe a weapon is secreted in a particular place on a TIGN individual and an officer of a preferred gender is not present, the officer may reach directly into that area to seize the weapon.

Officers should document the details of the frisk using SAPD Form #2-3 or applicable report and seek guidance from a supervisor if needed.

When an individual to be frisked is identified as TIGN, officers shall not question this identity absent articulable, compelling reasons, nor will an officer inquire about intimate details of an individual’s anatomy to determine gender.

A

When an individual to be frisked is identified as TIGN, officers shall not question this identity absent articulable, compelling reasons, nor will an officer inquire about intimate details of an individual’s anatomy to determine gender.

Officers conducting a frisk of a TIGN individual should generally conduct the frisk based on the gender with which the individual identifies.

(For example, an individual whose gender identity is male should be frisked by a male officer and an individual whose gender identity is female should be frisked by a female officer).

If a TIGN suspect or prisoner expresses a preference concerning the gender of the officer conducting the frisk or objects to the gender of the officer conducting the frisk, consideration should be made to honor the preference when reasonable.

700
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 508 – Field Contacts

.07 RESULTS OF FRISKS

A. When an officer, during the course of a frisk, feels an object or item he reasonably suspects is a weapon, the officer removes the object or item for closer examination.
An officer may reach into or under clothing to seize the suspected weapon.

B. If the object or item removed is a weapon, and the person is not exempt from the Texas Penal Code provisions prohibiting the carrying or possession of the weapon, the officer arrests the person.
The weapon is listed as evidence and a search of the person is conducted incidental to the arrest.

C. If the object or item removed reasonably appears to be or contains contraband or evidence, the officer arrests the person.
The item or object is listed as evidence and the officer conducts a search of the person incidental to the arrest.

D. An officer, while conducting a frisk for weapons, who feels an item immediately recognized to be contraband or evidence, may seize that item. For the Plain Feel Doctrine to apply, officers are not allowed to manipulate the item for identification as contraband or evidence.

A

.08 REPORTS

A. An officer documents all field contacts using SAPD Form #2-3 in the following situations:

  1. When the officer stops and interrogates a suspect who was not arrested and the details of the stop and interrogation are not included in an offense or incident report; or
  2. When the officer conducts a frisk of a person who was not arrested and the details of the frisk are not included in an offense or incident report.
701
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 509 – Legal Asset Seizure

.01 INTRODUCTION

The purpose of this procedure is to establish guidelines for the seizure of property according to law.
This procedure guides officers through the steps necessary for the legal seizure of property, from the criteria for seizures to the act of seizing property, custody of seized property, and the disposition of seized property.

.02 LEGAL AUTHORITY

A. The authority for the legal seizure of assets is contained in the following:

  1. Texas Code of Criminal Procedure:
    a. Chapter 18, Section 18;
    b. Chapter 18, Section 19;
    c. Chapter 47; and Chapter 49;
    d. Chapter 59;
  2. Texas Motor Vehicle Laws, Article 6687-1, Section 49; and
  3. Various titles of the United States Code.

B. Any peace officer is authorized to enforce the provisions of the Legal Asset Seizure Laws.

A

.03 SEIZURE AND CLASSIFICATION OF PROPERTY INVESTIGATED BY THE LEGAL ASSET SEIZURE DETAIL SEIZED UNDER THE AUTHORITY OF THE CODE OF CRIMINAL PROCEDURE CHAPTER 59

A. For purposes of this procedure, property is classified as:

  1. Real property;
  2. Tangible or intangible personal property, including anything severed from land; or
  3. A document, including money that represents or embodies anything of value.

B. Property is seized where:

  1. The property is real property, and any improvements, which is used or intended to be used to commit or facilitate the commission of an offense designated by Chapter 59 of the Texas Code of Criminal Procedure;
  2. The property is a vehicle, boat, or plane used to facilitate the commission of applicable offenses;
  3. The property consists of books, financial records, bank statements, payment records, instructions, and research materials used in violation of any of the applicable offenses; or
  4. The property is personal property, weapons, documents, or money which the officer has determined to be the proceeds of a sale, transaction or trade, property or criminal instrument which is used in any way to commit any of the following applicable offenses listed in Subsection .03 C of this procedure.

C. Chapter 59 of the Texas Code of Criminal Procedure authorizes the state to seize, based on probable cause, property that is, among other things:

  1. Used in the commission of:
    a. Any first or second degree felony under the Texas Penal Code;
    b. Any felony under Texas Penal Code Section 15.031(b), 20.05, 20.06, 21.11, 38.04 (Evading Arrest), or Chapter 43.25 or 43.26, 20A Chapter 29 (Robbery), 30 (Burglary/Criminal Trespass), 31 (Theft), 32 (Fraud), 33 (Computer Crimes), 33A (Telecommunications Crimes), or 35 (Insurance Fraud), 37, penal code, that involves the state Medicaid program of the Texas Penal Code; or
    c. Any felony under The Securities Act (Article 581-1 et seq., Vernon’s Texas Civil Statutes).
    d. An offense under Chapter 49 (DWI), Penal Code, that is punishable as a felony of the third degree or state jail felony, if the defendant has been previously convicted three times of an offense under that chapter.
  2. Used or intended to be used in the commission of:
    a. Any felony under Chapter 481, Health and Safety Code (Texas Controlled Substances Act);
    b. Any felony under Chapter 483, Health and Safety Code;

c. A felony under Chapter 151, Finance Code;
d. Any felony under Chapter 34, Penal Code (Money Laundering);

e. A Class A misdemeanor under Subchapter B, Chapter 365, Health and Safety Code (Littering), if the defendant has been previously convicted twice of an offense under that subchapter; or
f. A Class B misdemeanor under Chapter 522 Business & Commerce Code; a Class A misdemeanor under Section 306.051 Business & Commerce Code; any offence under Section 326.002, Business & Commerce Code; any offense under Section 42.10, 46.06 (a) (1), 46.14, Chapter 71 Penal Code.
3. The proceeds gained from the commission of a felony listed in Subsection .03 C 1 and 2 of this Procedure or a crime of violence; or
4. Acquired with proceeds gained from the commission of a felony listed in Subsection .03 C 1 and 2 of this Procedure or a crime of violence.

702
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 509 – Legal Asset Seizure

.04 CRITERIA FOR LEGAL ASSET SEIZURE

A. Officers observing or detecting the presence of items specified in Section .03 of this procedure seize the property according to law.
Seizures of personal property occur in any place that the officer has a right to be.

B. Seizure of any property subject to forfeiture may occur under the authority of a search warrant issued pursuant to Chapter 18.02 (12) of the Texas Code of Criminal Procedure.

C. Seizure of any property subject to forfeiture may be made without a warrant if:

A
  1. The owner, operator, or agent in charge of the property knowingly consents
  2. The seizure is incident to a search to which the owner, operator, or agent in charge of the property knowingly consents;
  3. The property subject to seizure has been subject of a prior judgment in favor of the state in a forfeiture proceeding under chapter 59 of the CCP
  4. The seizure is incident to a lawful arrest, lawful search, or lawful search incident to arrest.

D. Officers request supervisory assistance in all cases of legal asset seizure.

E. The Legal Asset Seizure Detail is notified through the Communication unit before officers leave the scene in all potential seizure cases with the exception of vehicles being impounded as criminal instruments, and cash money which is placed in the Property Room as designated by GM Procedure 606, Impounding Property.

703
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 509 – Legal Asset Seizure

.05 ACT OF LEGAL ASSET SEIZURE

A. Officers document probable cause for determining the status of property before the actual seizure of property.

B. Officers issue receipts to the person(s) previously in control of the property for any property seized under this procedure.

C. Seized property is protected and safeguarded by the seizing officer while under the officer’s control.

D. Seized property, to include vehicles, is impounded as evidence, and transported to a facility for storage as designated by GM Procedures 606, Impounding Property or 607, Impounding Vehicles.

  1. Officers place a hold on the towing service record (invoice) for Legal Asset Seizure Detail in the case of vehicle seizures.
  2. After evaluation of a case involving a vehicle, the Legal Asset Seizure Detail:
    a. Prepares SAPD Form #110 - VH, Vehicle Detainer For Physical Evidence, for long-term impoundment pending litigation and coordinates with Vehicle Storage Unit personnel for the transfer of the vehicle from their control area to a separate designated area for this purpose: or
    b. Releases the hold on the vehicle. SAPD Form #113 – VRA, Vehicle Release Authorization
  3. After evaluation of a case involving property other than vehicles, the Legal Asset Seizure Detail:
    a. Transfers the property seized to a designated storage facility assigned to the Detail;
    b. Weapons are stored in the Property Room with a hold placed for the proper follow up unit; or
    c. Removes the hold for seizure from the property.
A

E. Officers direct copies of all reports pertaining to an asset seizure made under Chapter 59 of the Code of Criminal Procedure to the Legal Asset Seizure Detail in order that immediate steps may be taken to secure the property from being reclaimed by the owner.

F. Officers attempt to determine ownership of property at the time of seizure and include this information in reports submitted.

G. The ignition and trunk keys to seized vehicles are also seized and placed into the Property Room as evidence. All personal property must be removed from vehicles by the seizing officer as designated by GM Procedure 607, Impounding Vehicles.

704
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 509 – Legal Asset Seizure

.06 CUSTODY OF SEIZED PROPERTY

A. The Legal Asset Seizure Detail Supervisor maintains possession of all seized money and other personal property while subject to the courts’ jurisdiction.

  1. Seized personal property, including money, is placed in the Property Room as evidence with a hold for the Legal Asset Seizure Detail; and
  2. Seized personal property, including money, remains in the San Antonio Police Department Property Room until it is released to the Legal Asset Seizure Detail pending litigation or is released by the Legal Asset Seizure Detail.
  3. Property seized and released to the Legal Asset Seizure Detail pending litigation is stored and maintained in a designated and secured storage area for that purpose (except money).
  4. Seized money, pending litigation and release to the Legal Asset Seizure Detail, is deposited into an interest-bearing account designated for that purpose by the Bexar County District Attorney’s Office.
A

B. A separate designated storage area for seized vehicles is utilized until disposition is determined by the court.
Vehicles are maintained as evidence apart from other impounded vehicles, and not released without the authorization of the Legal Asset Seizure Detail; and

  1. Court orders commanding the release or other disposition of seized motor vehicles are first routed through the Legal Asset Seizure Detail.
  2. The Legal Asset Seizure Detail notifies Vehicle Storage Unit personnel of any legitimate court orders or case status change involving the release of vehicles in order that these particular vehicles are returned to the control of the Vehicle Storage Unit personnel for release purposes.

C. Real property seized through the efforts of members of the Police Department remains in the custody of the Legal Asset Seizure Detail while subject to the courts’ jurisdiction.

D. Members of the Legal Asset Seizure Detail prepare the necessary seizure affidavits in order to secure judgment and forfeiture of seized property under Chapter 59 of the Texas Code of Criminal Procedure.

E. Officers ensure that the completed and signed affidavit is notarized and returned to the Legal Asset Seizure Detail without delay.

705
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 509 – Legal Asset Seizure

.07 DISPOSITION OF FORFEITED PROPERTY

A. A judicial ruling on the disposition of seized assets determines whether or not an actual forfeiture of the property takes place.

B. Should the title to personal or real property be granted to the Department as the result of adjudication, the Legal Asset Seizure Detail is given notification in order that the disposition of property is properly coordinated.

C. The Legal Asset Seizure Detail prepares enabling documentation to allow the City of San Antonio to obtain titles to vehicles distributed under this procedure.

D. The Chief of Police determines whether property awarded under this procedure is:

  1. Sold at public auction;
  2. Converted for use by the Department for a law enforcement purpose; or
  3. Destroyed
A

E. In the case of property disposed of at public auction, the property is sold in a manner consistent with existing administrative policies of the Finance Department and the Purchasing and General Services Department of the City of San Antonio.

F. The law enforcement use of property awarded under this procedure is designated by the Chief of Police.

G. Property previously seized and forfeited to the City of San Antonio, which is no longer serviceable and considered surplus by the Department, is disposed of according to administrative policy of the Finance Department and the Purchasing and General Services Department of the City of San Antonio and within the guidelines for disposition of forfeited property as outlined in Chapter 59 of the Texas Code of Criminal Procedure.

706
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 610 – Missing Persons

.07 ENTERING MISSING PERSON INFORMATION INTO THE COMPUTER SYSTEM

All reports of missing persons seventeen (17) years of age or younger, elderly, confused, or whose disappearance is under suspicious circumstances are immediately called into the Missing Persons / Juvenile Processing Office for entry into the T.C.I.C. and N.C.I.C. computer system.

.08 SUSPECTED CRIMINAL OFFENSES

A. When there is reasonable suspicion that the circumstances of the missing report involves a possible criminal offense, the Missing Persons / Juvenile Processing Office will immediately contact the respective follow up unit (or NCID after normal business hours) and provide the unit with the available information. If a criminal investigation is open or will be opened, the Missing Persons / Juvenile Processing Office personnel will take direction from the follow up unit.

  1. To ensure that the integrity of a criminal investigation is not compromised, the Missing Persons / Juvenile Processing Office will closely coordinate any investigation actions with the follow up unit.
  2. If it is determined by the follow up unit that a criminal offense has not been committed, the Missing Persons / Juvenile Processing Office will continue its investigation pursuant to their SOP.
  3. If further information is obtained by the Missing Persons / Juvenile Processing Office that would tend to show that a criminal offense has occurred, the information will be forwarded to the follow up unit for subsequent review.
A

.09 CANCELING MISSING PERSON REPORTS

A. The cancellation of a missing person report is recorded on
SAPD Form 2, Incident Report.

  1. A report of a missing adult is canceled when the reporting person requests the cancellation, the missing person is located by SAPD, or when the missing adult is located by another jurisdiction and notification of the location is forwarded to the San Antonio Police Department.
  2. A report of a missing juvenile is canceled only when the missing juvenile is in the custody of a law enforcement agency or the juvenile’s parent/guardian.

B. When a missing person returns or is located, the officer taking the subsequent report cancels the missing person search by notifying the Missing Persons / Juvenile Processing Office as soon as possible.

C. When a missing person from a mental health facility is located, the officer will notify the appropriate mental health facility of the patient’s location.
If the patient is a danger to himself or others, or if the appropriate mental health facility requests the patient be returned, the patient is transported to the appropriate mental health facility.
If the officer does not know which mental health facility the patient belongs to, the officer will call the Missing Persons/Juvenile Processing Office for further assistance.

D. When a missing juvenile seventeen (17) years of age or younger is located, the officer will notify the Parent/guardian, advising the juvenile was located.
The juvenile will be taken into custody by the officer and transported to the parent/guardian.

  1. If the officer is unable to locate the parent/guardian, the officer will transport the juvenile to Centro Seguro and contact the Missing Persons / Juvenile Processing Office to inform of placement.
  2. The officer shall notify the Missing Persons/Juvenile Processing Office so they can clear the missing from the system.

E. When an out of county/state juvenile under seventeen (17) years of age is located, the officer will:

  1. Contact the TLETS channel in Communications and provide the necessary information for a message to be sent to the entering agency;
  2. Upon receipt of a positive confirmation the officer may follow GM Procedure 602.11.B.2 and transport the juvenile to Centro Seguro or contact the Missing Persons/Juvenile Processing Office for assistance with finding placement.

F. When an out of county/state juvenile seventeen (17) years of age is located the officer will:

  1. Contact the TLETS channel in Communications and provide the necessary information for a message to be sent to the entering agency;
  2. The officer may follow GM Procedure 602.11.B.2 and transport the juvenile to Centro Seguro or contact the Missing Persons/Juvenile Processing Office for assistance with finding placement.

.010 INFORMATION AND REQUESTS ABOUT MISSING PERSONS

All information received on reported missing persons and any requests for information on missing persons thought to be in the
City of San Antonio are forwarded to the
Missing Person / Juvenile Processing Office.

707
Q

The General Manual has become a book full of:

A

Virtue Signaling
Leftist Socialism

CommunistDemocracy

708
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 611 – Mentally Ill Persons

.08 COURSES OF ACTION
A. In evaluating the person with mental illness and the crisis situation, all officers may take one of the following
courses of action to resolve the situation:
1. Contact the Mental Health Unit during their duty hours, Monday - Friday 0700 - 1700 through the dispatcher , or by attempting to reach them directly on 2-O.
2. Contact the Mobile Crisis Outreach Team through the Crisis Line at (210) 223-7233.
3. Complete a Warrantless Emergency Detention of the person:
a. If the patient has no medical issues and is medically stable, the officer will contact MEDCOM (24/7) at 210-233-5933 for navigation to the appropriate psychiatric facility:
(1) Provide person’s name and DOB
(2) Provide location
(3) MEDCOM will ask a series of questions to ensure the best level of care for the person and to determine the closest, most appropriate facility for the officer to transport to.
b. Call EMS for an evaluation if:
(1) Officer believes patient needs medical assessment.
(2) Patient complains of medical illness.
(3) Patient requests a medical evaluation.
(4) If patient is cleared by EMS and needs to be Emergency Detained, the officer will obtain the EMS badge numbers for their report. The officer will then contact MEDCOM for navigation to the appropriate psychiatric facility as directed in 3. (a).
(5) Call EMS and additional manpower for emergent response if.
a. Excited Delirium, severe agitation or violent behavior
b. Mental status changes or confusion (change from baseline)
c. Recent trauma or overdose
d. If EMS is going to transport, and the patient still needs to be Emergency Detained, the officer will follow EMS to the hospital where a Notification of Emergency Detention will be completed.

  1. Arrest and book the person according to procedures if the person has committed a criminal offense and the officer has a legal authority to arrest;
    a. If the offense is classified as a felony the person with mental illness shall be listed as an “AP” and booked for the offense(s).
    Details of the person’s mental health condition will be noted in the report details and a copy of the report will be sent to the Mental Health Unit via bin mail or through the SAPD Mental Health Detail Inbox.
    A copy of the report will also be sent to the follow up unit assigned responsibility for the specific charge.
    b. With a supervisor’s approval, conduct a Warrantless Emergency Detention in lieu of arrest if the person with mental illness has committed a misdemeanor criminal offense other than DWI and Family Violence.
    Family Violence includes Assault Bodily Injury Married/Cohabitation, Family/Household, Terroristic Threat-Family, Deadly Conduct-Family, Unlawful Restraint, Interfering with an Emergency Phone Call, Harassment, and Telephone Harassment. In the event the person has committed DWI or Family Violence then the person shall be booked on the appropriate charge.
    If the person is being charged for a misdemeanor other than DWI or Family Violence, after receiving supervisor’s approval.
    The officer will “SP” the person with mental illness on the correct report and notify the victim that he can pursue charges through the appropriate follow-up unit.
    The person will then be Emergency Detained in accordance with .08.A.3.

c. When booking a person for either a misdemeanor or felony:
(1) The officer, for safety reasons, immediately notifies Central Magistration personnel, including the nurse and mental health screener, if available, of suspected mental illness and/or suicidal tendencies involved with the prisoner.
(2) The officer also makes the following notation on the magistrate’s intake slip and the booking slip “Evidences Symptoms of Mental Illness.”
(3) Medication being taken by prisoners will be transported by the arresting officer and left with Detention Center personnel.
d. IF after an arrest, an officer is ordered by a Magistrate to conduct a Magistrate’s Order for Emergency Apprehension and Detention in lieu of the arrest, the officer will “SP” the person with mental illness on the correct report.
If the officer receiving the Order from the Magistrate is not the original handling officer, the second officer will write a supplemental report with the original case number and detail the non-arrest, the Magistrate’s Order and the disposition of the “SP” and forwards the supplement to the follow-up unit.
If this is the situation, the second officer will not write a Notification of Emergency Detention (SAPD Form #127-ED). The Magistrate’s Order takes the place of the application.
e. If any person sustained any injury during the arrest or if any use of force requiring a use of force report was necessary, the person with mental illness should be arrested.
A supervisor may approve the Warrantless Emergency Detention, I.A.W. .08 A 4 (b), if he/she determines this is the better course of action due to the person’s mental state and need for psychiatric evaluation/treatment.
f. Under this procedure, a person’s intent to cause property damage only, is not considered a violent criminal offense if the person who committed the offense has a mental illness.
g. In family violence cases resulting in no injury or minor injury and where no further violence by the person with mental illness is anticipated, a supervisor should be contacted for final disposition.
h. Officers clearly document their actions along with any statements made by the reporting person and/or person with mental illness in the appropriate report.

  1. Make a referral for further mental health care as outlined in Section .08, Subsection F, when the criteria for Warrantless Emergency Detention or arrest does not exist;
  2. Notify a supervisor and refer to GM Procedure 802, Unusual Occurrences and Critical Incidents, when confronted with critical incident situations.
A

B. Warrantless Emergency Detention-Officers Authority and Criteria

  1. Officers making a Warrantless Emergency Detention will do so under the guidelines and authority as set forth in the Texas Health and Safety Code, Title 7, Mental Health and Mental Retardation, Subtitle C, Texas Mental Health Code, Chapter 573, Emergency Detention, Subchapter A, Apprehension by Peace Officer, and Section 573.001, Apprehension by Peace Officer without warrant. Detentions of this nature are for protective purposes and are not criminal.
  2. A peace officer has the authority to take a person into custody without a warrant for the purpose of obtaining an evaluation of his emotional and mental status, and the need for involuntary hospitalization if the officer has reason to believe and does believe:
    a. The person evidences mental illness;
    b. The person evidences a substantial risk of serious harm to the person or to others unless the person is immediately restrained;
    c. The officer believes there is not sufficient time to obtain a warrant before taking the person into custody.
  3. A substantial risk of serious harm to the person or others maybe demonstrated by:
    a. The person’s behavior; or
    b. Evidence of severe emotional distress and deterioration in the person’s mental condition to the extent the person cannot remain at liberty.
  4. The peace officer may form the belief the person meets the criteria for apprehension based on specific recent behavior, overt acts, attempts, or threats by the person which are:
    a. Evidence of severe emotional distress and deterioration in the person’s mental condition to the extent the person cannot remain at liberty.
    b. Observed by the officer at the time the apprehended person is found;
    c. Reliably reported to the officer by a credible person (Health & Safety Code Section 573.001).

C. Warrantless Emergency Detention-Custody of Persons with Mental Illness
1. Warrantless Emergency Detention is civil in nature and does not impose criminal sanctions. However, officers should use sound tactics when contacting a person with a mental illness as hazardous situations may arise. When taking a person with mental illness into custody for Warrantless Emergency Detention, officers:
a. May handcuff persons with mental illness before transporting;
b. Shall search the person with mental illness before transporting;
c. Retain custody of the person with mental illness until the facility accepts the person;
d. Shall immediately orally inform the person being detained of the reason for the detention and that a staff member of the facility will inform him of his rights within 24 hours of admission. Also, documentation of these actions will be made in the report;
e. Shall contact MEDCOM at 210-233-5933 for navigation to the appropriate psychiatric facility
f. Shall contact a supervisor and request relief when the officer expects to work beyond their assigned duty hours.
Contact with the supervisor to request relief shall occur no later than thirty (30) minutes before the end of the officers assigned duty hours;
(1) Shall complete all required reports, including SAPD Form #127-ED, Notification of Emergency Detention, prior to releasing the person to a relief officer.
2. When the authority and criteria required for Warrantless Emergency Detention are satisfied, a peace officer may apprehend a person with mental illness from a private residence or a public place.
3. If a person is voluntarily at a Hospital, clinic, nursing home, physician’s office or minor emergency clinic, the officer will consider completing a Notification of Emergency Detention (SAPD Form #127-ED) if requested by the facility.
4. If the person with mental illness is accepted at a medical or psychiatric facility, that facility will provide any future transportation to a secondary facility.
5. When completing the Notification of Emergency Detention (SAPD Form #127-ED) at a hospital or psychiatric hospital, officers will:
a. Evaluate the conduct of person with mental illness and the circumstances under which the person was found and taken into custody by the facility;
b. List the physician’s name, or name of other medical personnel, as the observer and credible person on SAPD Form #127-ED, Notification of Emergency Detention, in cases where persons with mental illness are sedated and no substantial risk of harm is observed by the officer.
The officer should quote the physician or other medical personnel on all actions observed by them which confirms the person has a mental illness and is a risk to himself or others;
c. Leave a duplicate copy with an original signature of SAPD Form #127-ED and a copy of the offense report, with the facility staff and retain the original for routing to the Records Office.
6. When a person fitting the criteria for Warrantless Emergency Detention is violent, assaultive, or in need of restraints, the officer transports the person with mental illness to the nearest hospital as directed by MEDCOM.
If required a Patrol Wagon should be requested to transport.
7. Officers will not transport persons fitting the criteria, or under, Warrantless Emergency Detention from one hospital to a different hospital. The hospital is required, by law, to facilitate the transportation of any patients by filing for an Order of Protective Custody (OPC).
8. If the person suspected of having a mental illness suffers a medical emergency at the scene (other than the mental illness), the officer requests assistance from Emergency Medical Service (EMS) to transport the person to the nearest medical facility based on their protocols.
9. Regardless of which facility or hospital the person is taken to, the officer conducting a Warrantless Emergency Detention will complete SAPD Form #127-ED and an offense report.
10. If an officer is unsure whether the person’s condition is primarily the result of a mental illness, physical illness, or a substance abuse problem, the officer may contact the Mental Health Unit, through their dispatcher, for assistance.
If the Mental Health Unit is unavailable the officer will call or ask the Information Channel to call The Center for Health Care Services and consult with the staff for guidance.

709
Q
San Antonio Police Department
GENERAL MANUAL
  Procedure 611 – Mentally Ill Persons
     STILL FUCKING in this section 
(its a good thing...the thicker this GM gets the better, sarcasm.)
.08 COURSES OF ACTION

D. Firearms Seized from Certain Persons with Mental Illness

  1. In accordance with Health and Safety Code Section 573.001, a peace officer who takes a person into custody under an emergency detention, may immediately seize any firearm found in possession of the person.
    After seizing a firearm under this subsection, the peace officer shall comply with the requirements of Article 18.191, Code of Criminal Procedure taking custody of the firearm.
  2. In accordance with Code of Criminal Procedure 18.191, a law enforcement officer who seizes a firearm from a person taken into custody under Section 573.001, Health and Safety Code, and NOT in connection with a criminal offense SHALL immediately provide the person with a written copy of the receipt for the firearm and a written notice of the procedure for the return of the firearm under this article.
    a. Officers must complete a TCIC/NCIC check on all seized weapons to determine if the weapon is stolen.
    b. If a seized weapon is deemed stolen, officers will complete a supplement report, referencing the original case number.
  3. The officer will complete a property receipt SAPD Form #113.
    Additionally, the officer will complete and provide the owner a duplicate copy of SAPD Form-127 Mental Illness Weapons Seizure.
    a. Officers need to send (bin-mail) a copy of the SAPD property receipt Form#113, the original SAPD Form 127-Emergency Detention, the original copy of SAPD Form 127-Mental Illness Weapons Seizure, and a copy of their emergency detention offense report, to the San Antonio Police Department Mental Health Unit.
  4. When placing a seized weapon in the property room under Health and Safety Code Section 573.001, emergency detention, officers will place the firearm under “evidence” and ensure the follow-up unit is Mental Health, and the item description is “Firearm – Mental Health”
A

E. Referral for Additional Mental Health Care

  1. Persons who do not fit the criteria for Warrantless Emergency Detention and who are not going to be booked for a criminal offense, but who do exhibit mental illness, are referred to an appropriate source for treatment. The officer may recommend the person see their doctor, counselor, therapist, or call the Crisis Line at (210) 223- 7233.
  2. Family members or persons concerned over the mental or emotional health of an individual can be referred to the Mental Health Office at the Bexar County Courthouse or may call the Crisis Line at (210) 223-7233.
    At the courthouse, family members may be required to complete the application for Emergency Apprehension and Detention and an application for Court-Ordered Mental Health Services with a request for an Order of Protective Custody.
    All applications shall be reviewed and acted upon by an appropriate judge or magistrate.

E. Persons with Mental Illness Involved in Critical Incidents
1. Critical incidents shall be handled in accordance with GM Procedure 802, Unusual Occurrences and Critical
Incidents.
2. Officers confronted with situations that pose a continuing threat of serious bodily injury to any person will request additional officers and a supervisor through the dispatcher.

F. Threats Made by Persons with Mental Illness

  1. Officers confronted with persons with mental illness who are making threats to harm themselves or others will assess the persons and determine if the criteria exist for a Warrantless Emergency Detention.
  2. Officers will contact Southwest Texas Fusion Center (SWTFC) at (210) 207-7680 for all reports involving threats made by persons with mental illness. Officers will also route a copy of their report to the Fusion Center (SWTFC) at
    SWTXFusion@sanantonio.gov
    Officers will also route a copy of their report to the Fusion Center (SWTFC) at
    SWTXFusion@sanantonio.gov.
    The report will include details of the threat and whether the person who is the subject of the threats was notified.

And yet “THEY” can NOT be specific on anything you NEED “THEM” to be.

710
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 612 – Deaf or Hearing Impaired Persons

.03 DISCUSSION
A. In determining what type of auxiliary aid and service is necessary, a public entity shall give primary consideration tothe requests of the individual with disabilities.

B. Deaf Link is a Video Remote Interpreting (VRI) service available at all six substations and at Headquarters. An officer, a certified ASL interpreter, and the victim/suspect/witness that is deaf or hard of hearing can communicate through this service. Qualified interpreters can be provided through DeafLink 24 hours a day, 7 days a week.

C. Officers, in their normal course of duties, may encounter persons who are deaf or hard of hearing. These persons may sound unusual due to speech which is slurred or unintelligible.
In addition, they may have equilibrium problems which could affect their balance and ability to walk.
These physical characteristics can vary and also describe persons who are impaired by alcohol, drugs, or other physical handicaps.
Therefore, it is extremely important for officers to distinguish deaf and hard of hearing persons from persons with other impairments.

D. When officers first realize they are in contact with a deaf or hard of hearing person, they should attempt to communicate with them by any means available: talking, writing, sign language, or any combination of the three (3).
Often, one or more of these forms of communication will be adequate when communicating with a deaf or hard of hearing person.
However, in some circumstances, talking and writing will be insufficient.
When communication is complex and/or lengthy, the individual who is deaf or hard of hearing should be escorted to the nearest DeafLink location, or provided with a qualified on-site interpreter.

E. When deaf or hard of hearing persons come in contact with officers, the first action they often take may be to obtain a pencil and paper to write out what they wish to communicate or to write answers to any questions they may be asked.
The action of reaching for a pencil and paper should not be taken as an offensive or dangerous move, but simply an instinctive move in order for the deaf or hearing impaired person to communicate.

F. The written communication used by many deaf or hard of hearing persons is very different from what officers are familiar with or use in their daily work.
A hearing impaired person should not be misjudged because his grammar might seem to be incorrect or incomplete.
Their written or signed language is the way they were taught to communicate and is normal for a deaf or hearing impaired person.

A

G. When dealing with persons who are, or are suspected of being deaf or hard of hearing, officers shall never assume that the person understands until it can be confirmed by appropriate responses to questions or directives.

H. Once someone is identified as a deaf or hearing impaired person, officers shall determine by written or other forms of communication the person’s’ preferred means of communication – sign language, lip-reading, reading and note writing or speech.

I. For persons who use sign language, a family member or friend may interpret under emergency conditions until a qualified interpreter arrives, or in minor situations for the sake of convenience, but only with consent of the deaf person.
In all other situations, officers shall not rely on family members or friends for sign language interpretation due to their potential emotional involvement or conflict of interest.

J. Officers shall address all questions and directives to persons who lip-read by facing them directly and speaking in a moderately paced conversational tone.
Shouting or using exaggerated mouth movements interfere with the ability to lip-read.
Understanding can be further degraded by the presence of facial hair, chewing gum, cigarettes and so on.

K. Officers shall be aware that only about one third of words can be accurately interpreted by lip-reading.
Therefore, communication of a critical nature (e.g. Miranda warnings) shall be reinforced by other means of communications. (See below)

L. Officers shall not assume that persons who wear hearing aids can hear and fully understand what is being said.
Some use hearing aids to provide sound awareness rather than to increase speech understanding.

M. Highly stressful situations, background noise, multiple speakers and complex information and instruction can compromise the limited effectiveness of hearing aids.
Officers shall test comprehension by seeking appropriate responses to simple questions or directives.

N. Deaf or hard of hearing persons may require additional time to understand and respond to commands, instructions and questions.

711
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 612 – Deaf or Hearing Impaired Persons

.07 ARRESTED PERSONS / SUSPECTS WITH HEARING IMPAIRMENTS

A. Deaf or hard of hearing persons arrested for any Class B misdemeanor or higher offense where probable cause has already been established and questioning is not necessary, will be given SAPD Form #12-HI-A, advising the person they are under arrest, and will be processed into the San Antonio Detention Center.

  1. The arrested person will be provided with access to DeafLink or with a qualified on-site interpreter to communicate the Miranda warning and interpret during any questioning, statement or confession;
  2. The Miranda warning, questioning, statement or confession will be video taped by personnel from the Crime Scene Unit or the follow up unit responsible for investigating the crime.
    Both the qualified interpreter and the arrested person or suspect will be video taped.

B. Deaf or hard of hearing persons arrested for any Class C misdemeanor, including traffic violations, where release is authorized through the issuance of a misdemeanor citation or traffic citation shall be given SAPD Form #12-HI-T, advising the person they are under arrest, and issued a misdemeanor citation or a traffic citation, whichever is applicable, for the alleged offense.

  1. Due to the difficulty in communicating with deaf or hard of hearing persons without a signer or qualified interpreter, officers will not make a custodial arrest if the actor refuses to sign the misdemeanor citation or traffic citation.
  2. The officer will write “Refused to Sign” and “Hearing Impaired” on the misdemeanor citation or traffic citation and release the actor or traffic violator.
A

.08 COMPLAINANTS / VICTIMS / WITNESSES WITH HEARING IMPAIRMENTS

A. When effective communication is not possible between officers and deaf or hard of hearing complainants, victims, or witnesses to any Class B misdemeanor, or higher offense, access to DeafLink or a qualified on-site interpreter will be provided.

B. When effective communication between officers and deaf or hard of hearing complainants, victims, or witnesses to any Class C misdemeanor is not possible, DeafLink, a departmental signer, or an on-site interpreter will be used to obtain their names, addresses, and telephone numbers, in case they are needed at a later date.

712
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 612 – Deaf or Hearing Impaired Persons

.09 AVAILABILITY OF DEPARTMENTAL SIGNERS/QUALIFIED INTERPRETERS

A. The Communications Unit will keep an updated list of members of the Department who are signers and available to facilitate communication between officers and deaf or hard of hearing persons during their normal duty hours.
Departmental signers should only be used if DeafLink cannot be accessed.

B. The Communications Unit will maintain a list of companies or agencies which provide qualified interpreters on a twenty-four (24) hour basis to facilitate communication between officers and deaf or hard of hearing persons.
These companies and agencies should only be used if DeafLink cannot be accessed.

A

.10 RESPONSIBILITIES
A. Supervisors:
1. Supervisors being notified by a subordinate that a deaf or hard of hearing person has been arrested or is a suspect in a Class B misdemeanor or higher offense shall contact the subordinate to determine the need for a qualified interpreter.

  1. If the supervisor determines a qualified interpreter is needed, the supervisor will authorize the use of DeafLink or a qualified on-site interpreter.

B. Officers:

  1. Officers arresting or having a deaf or hard of hearing suspect in a Class B misdemeanor or higher offense shall advise a supervisory officer before proceeding with any investigation.
  2. Officers communicating in any form of writing with deaf or hard of hearing persons involved in any Class B misdemeanor or higher offense shall process the writings as evidence.
  3. When a signer or qualified interpreter is used, officers with report responsibility shall include identifying information on the signer or qualified interpreter in their reports.
  4. Officers, when requested, shall sign the qualified interpreter’s log book.

C. Crime Scene Unit:
When notified, personnel from the Crime Scene Unit will provide the equipment and video tape the Miranda Warning and interrogation process of deaf or hard of hearing persons arrested for or suspected of any Class B misdemeanor or higher offense.

713
Q

Rules are only worthwhile when they are followed by others, everyone from the TOP down.

A

Changes to the rules based on emotions and feelings just to fit a SOCIAL JUSTICE or the Identity Politics for Virtue Signaling to appease Leftist Socialism showing compliance with a Communist Democracy will only cause further separation between the TRUE Patriots and the Fascist Criminals in our Country.

714
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 703 –
Handling of Sexual Assault Complaints

.01 INTRODUCTION

This procedure focuses primarily on the police officer’s role in responding to complaints of sexual assault and does not outline the technical aspects of a sexual assault investigation, which are contained in the Special Victims Unit standard operating procedures and GM Procedure 701, Crime Scene Duties.
Sexual Assault is a traditionally underreported crime, with estimates that only one in five victims report to the police.
The San Antonio Police Department’s goal is to bond with the community through a victim-centered, trauma-informed approach, geared toward increasing the likelihood victims will report offenses to us.
Once an officer understands the effect a traumatic event will have on the victim and their ability to recall traumatic events, a true trauma informed approach can begin.
Our commitment is evidenced through adopting the “Start by Believing” Campaign on behalf of the Department.
The goal of this campaign is to improve outcomes for victims – one response at a time.
When officers display empathy with understanding it will have a positive effect on the victim’s recovery process and their cooperation with the investigation.

A

.03 POLICY
A. The officer treats all victims with compassion, consideration, understanding, and patience while collecting necessary
evidence and asking required questions.
B. When talking to the victim, the officer uses language appropriate to the victim’s age, intelligence, and emotional condition.
C. The officer uses medical terms when referring to various parts of the body.
D. The officer does not ask any embarrassing or personal questions which are irrelevant to the investigation.
Once the elements of the offense have been established and the evidentiary questions are covered, the preliminary interview should stop.
Victim centered investigations will reduce the number of times a victim must relive the incident through multiple interviews.
E. An officer does not write personal opinion in the offense report.
If the victim is reporting a sexual assault, the officer should confirm the elements of the offense and document them in the report.
F. The officer makes no comment pertaining to the victim’s behavior in providing the opportunity to be assaulted.
G. An officer, under no circumstances, undertakes a physical examination of a sexual assault victim.
H. Officers, dispatched to a hospital or doctor’s office to take the report, interview, or investigate the offense, shall leave the room when the history is being discussed and during the physical examination of the sexual assault victim.
The officer will remain with any suspect throughout the SAFE process.

715
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 703 –
Handling of Sexual Assault Complaints

.04 OBJECTIVES OF HANDLING SEXUAL ASSAULT COMPLAINTS

A. To treat all victims in a victim centered and trauma informed manner.
B. In a victim centered manner, lawfully obtain all forms of evidence available in order to identify offenders and hold them accountable for criminal acts.
C. To establish a procedure for the officer’s interviewing and handling of the sexual assault victim.
Victims of a sexual assault should be treated in a victim centered, trauma informed manner.
A certain degree of sensitivity should be incorporated while still obtaining the necessary information to establish the elements of an offense and to assist the follow-up unit.
D. To refer the victim to the appropriate support agency for obtaining medical and psychological assistance, if needed.
E. To inform the victim they may choose a pseudonym name instead of using their real name in all public files and records concerning the offense.

A

.05 OUT OF JURISDICTION CASES

A. When a Sexual Assault or Indecency with a Child is reported to the San Antonio Police, regardless of the jurisdiction of the occurrence, San Antonio police officers will initiate an investigation and report the offense on an offense report with the report being titled as the offense being reported, and officers will also notify the Special Victims Unit or Night CID Unit for proper follow-up.
The actual location of the offense is listed in the appropriate box on the offense report. N-Code 6 does not apply in this situation.

B. Officers conduct the preliminary investigation as if the offense occurred in San Antonio, to include taking the victim to the hospital for medical attention and evidence collection.
EMS will determine the proper hospital to transport the victim to based on the victim’s medical condition. Contact SVU or NCID to determine if a detailed statement should be taken from the victim at that time or postponed to a later time.

C. The Special Victims Unit will notify the proper jurisdiction and forward all information required to properly complete the investigation.

716
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 703 –
Handling of Sexual Assault Complaints

.06 CASE HANDLING FOR ADULTS

A. All Sex Offenses are written on an offense report and titled appropriately, based on the information provided.

B. The officer assigned to respond to a sexual assault complaint is responsible for the preliminary investigation and immediate notification of the follow-up investigative unit.
A preliminary investigation is to determine if a crime has been committed, the location of the crime scene(s), the proper care of the victim, and if possible, the identity of the accused.

C. In the event the victim is in need of immediate medical attention, the officer requests EMS to respond to the location.
The medical needs of the victim will take precedence, so EMS will make the decision of the most appropriate facility for the victim’s care.
The officer may request to victim to be transported to Methodist Specialty and Transplant if the medical condition is not life threatening. Suspects/prisoners will be handled in accordance with GM 601, Prisoners.

D. Preliminary interview of the victim is conducted by one officer, who briefly interviews the victim privately away from all other officers, witnesses, and onlookers, to:

A
  1. Determine the specific type of crime. This can be done by asking the victim questions about what occurred, such as did any person intentionally or knowingly:

a. cause the penetration of the anus or sexual organ of another person, including the actor by any means and without that person’s consent;
b. cause the penetration or contact of the mouth of another person by the sexual organ or anus of any person including the actor, without the other person’s consent
c. Cause penetration or contact as described above with a child under the age of 17 regardless of consent.

  1. Determine and secure the crime scene(s) and comply with GM Procedure 701, Crime Scene Duties, where applicable. Remember, the crimes will be at a minimum the location where the assault occurred as well as the bodies of the victim(s) and the suspect(s)
  2. Obtain a description of the offender and broadcast the description, if appropriate.
    Officers should remember their authority to protect evidence from destruction until a warrant has been issued, including possible evidence on a suspect’s body;
  3. Complete SAPD Form 2089-PSA Pseudonym Name Form for all victims of sexual assault, family violence, stalking or human trafficking.
    The chosen pseudonym name will replace the victim’s real name on all official documents.
    John Doe or Jane Doe will be entered under the victim name section on the Offense Report and the pseudonym name will be listed as the nickname.
    The Pseudonym Form also provides the Victim the option to allow SAPD to release personal information to select agencies who serve as victim advocates.
    The victim has the right to refuse the use of a pseudonym name.
    In all cases, the Pseudonym Name form will be forwarded to the Special Victims Unit.
    Caution should be used when completing the Offense Report to avoid adding details in other sections of the report which could be used to identify the victim.
  4. Gather the basic information for the preliminary investigation, which includes:
    a. Name of victim
    (pseudonym, if chosen by the victim);
    b. Home address, business address, and any other addresses where the victim may be contacted.
    Omit on the offense report if the victim has chosen a pseudonym name;
    c. Home telephone number, business telephone number, and any other telephone numbers where the victim can be called.
    Omit on the offense report if the victim has chosen a pseudonym name;
    d. The above information must be included on the SAPD Form #2089-PSA Pseudonym Name Form and forwarded to the Special Victims Unit.
    e. Regardless of whether a pseudonym name is used, the date of birth and sex of the victim must be included on the offense report.
  5. Identify any witnesses and enter their information on the offense report.
717
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 703 –
Handling of Sexual Assault Complaints

E. If the victim has chosen a pseudonym name, the reporting officer will list the name on SAPD Form #2089-PSA.
The officer and the victim will complete the form.
The name section on the offense report will have either John Doe or Jane Doe and the pseudonym name will be listed under the nickname.
1. If necessary, the officer counsels the victim in choosing a pseudonym name by advising the victim the chosen pseudonym name will be used in subsequent legal documents and will be seen by officials such as judges and prosecutors.
The officer encourages the victim to choose a conservative pseudonym which will not cause potential embarrassment to the victim.
The officer provides the second page of SAPD Form #2089-PSA to the victim.

  1. The officer will email a copy of the offense report and SAPD Form #2089-PSA to the Special Victims Unit. The officer will return the original SAPD Form #2089-PSA to the Special Victims Unit in person or in a sealed envelope through the department bin mail.

F. If the sexual assault occurred within One hundred twenty (120) hours of the report to the police, the officer requests the victim undergo a physical examination at the Methodist Specialty and Transplant Hospital located at 8026 Floyd Curl Drive if the victim is seventeen (17) years of age or older. The officer stresses the importance of the examination for the following reasons:

  1. The victim may require medical treatment for possible pregnancy, disease, or injury; and
  2. A medical examination obtains evidence critical to the successful prosecution of the offender.

G. The officer calls the hospital prior to transporting the victim to ensure a SANE Nurse is contacted and available when the victim arrives.
The officer is prepared to inform medical staff of the details of the offense, if requested.

H. The officer will be requested to sign a form titled “Law Enforcement Request For Sexual Assault Exam”.
This form is used to certify the assault has occurred within the last 120 hours or the exam is being requested by law enforcement or the exam is based on some other factor.
This form is needed to certify to the Attorney General’s office the cost for the SANE exam is eligible for payment to the hospital by the AG’s. This form should be signed by the officer while at the hospital.

I. When the victim wants to be examined by a private physician, the officer stresses having the medical examination done at Methodist Specialty and Transplant Hospital due to that hospital’s expertise in handling sexual assault cases.

J. The victim may insist upon having the examination done by a private physician or at a hospital facility of his/her choosing, in which case it is permitted.

A

K. The officer may provide transportation for the victim to a medical facility for testing and from there to the Special Victims Unit office or an alternative location.
The victim may be accompanied by a friend or relative.

L. The officer may be relieved from waiting with the victim at the hospital if:

  1. The victim is accompanied by an adult friend, adult relative, or a rape crisis counselor; and
  2. The victim has transportation from the hospital after the examination.

M. The officer notes in his report the name, address, age, and title of the person in whose care the victim was left with at the hospital.

N. The officer advises the victim to contact the Special Victims Unit to make arrangements for an interview by an Investigator. The officer stresses the importance of cooperating with the investigation.

O. Officers have several available methods of contacting the Special Victims Unit, including:

  1. Contacting the Special Victims Unit detectives on the radio channel 3H;
  2. Calling the Special Victims Unit office at 207-2313, 7 days per week from – 0745-1745 hrs.;
a. After 1900, officers may contact the NCID offices at 207-7389.
b. A limited number of follow up detectives may be available from 0500-0745 and 1745-1900 hrs. and if available can be contacted via the radio on 3H.
718
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 703 –
Handling of Sexual Assault Complaints

.07 CASE HANDLING FOR CHILDREN

A. All sex offenses, which include Sexual Assaults and Indecency with a Child, are written on an offense report, regardless of who the reporting party is.
(i.e. teachers, counselors, Child Protective Services caseworkers, etc.)

B. The officer assigned to respond to a sexual assault complaint is responsible for the preliminary investigation and immediate notification of the follow-up unit.

C. In the event the victim is in need of immediate medical attention, the medical needs of the victim will take precedence.
EMS will make the decision of the most appropriate facility for the victim’s care.
The officer may request to victim to be transported to The Children’s Hospital of San Antonio if the medical condition is not life threatening.

D. Officers receiving a call for child sexual/physical abuse notify Texas Department of Family Protective Services by one of the following methods:
1. Call the specially designated Child Abuse Statewide Intake hotline number for law enforcement at 1-800-877- 5300;

2.   Make an online report to the Statewide Intake office by logging in to www.TexasAbuse Hotline.org and following the directions on the website.

E. The notification and the means used will be documented in the officer’s report, as well as the Reference Number received from Statewide Intake at the time of the referral.

F. The preliminary interview of the child victim is never done in front of the suspect.
An interview may be done privately, away from all other officers, witnesses, and onlookers, but if this is not possible, or the child is not available, the officer may obtain the preliminary information from the reporting persons; the outcry witness, the parent, teacher, Child Protective Services Caseworker, etc.
This is done to determine the specific type of crime and is accomplished by asking the victim or reporting person questions about what occurred in order to:

  1. Determine if any person intentionally or knowingly cause the penetration or contact of the anus, mouth, breast or sexual organ of another person, including the actor by any means;
  2. Determine and secure the crime scene(s) and comply with GM Procedure 701, Crime Scene Duties, where applicable;
  3. Obtain the description of the offender and broadcast the description, if appropriate;
  4. Complete SAPD Form 2089-PSA Pseudonym Name Form for all victims of a sexual assault, family violence, stalking or human trafficking.
    The chosen pseudonym name will replace the victim’s real name on all official documents.
    John Doe or Jane Doe will be entered under the victim name section on the Offense Report and the pseudonym name will be listed as the nickname.
    The Pseudonym Form also provides the Victim the option to allow SAPD to release personal information to select agencies who serve as victim advocates.
    The victim has the right to refuse the use of a pseudonym name but in all cases, the Pseudonym form will be forwarded to the Special Victims Unit.
    Caution should be used when completing the Offense Report to avoid adding details in other sections of the report which could be used to identify the victim.
  5. Gather the basic information for beginning an investigation, which includes:
A

a. Name of the victim
(pseudonym if chosen);

b. Home address and telephone number where the victim may be contacted.
Omit on Offense Report but include on SAPD Form #2089-PSA.

c. Home telephone number and business telephone numbers and addresses where the victim’s parents, or guardians, may be reached.
Omit on Offense Report but include on SAPD Form #2089-PSA.

d. Regardless of whether a pseudonym name is used, the date of birth and sex of the victim must be included on the offense report;
6. Identify any witnesses, especially the outcry witness and document their information on the offense report.

  1. If the child is living with the actor involved in the abuse, officers need to consider the child’s safety.
    If the officer feels the child will be in further danger, the child should be taken to the Children’s Shelter or other location identified by Child Protective Services and the information noted in the offense report.
    See Family Code Section 262.103: Taking Possession of a Child in Emergency Without Court Order for additional details.
719
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 703 –
Handling of Sexual Assault Complaints

  1. DO NOT GO INTO DETAILED QUESTIONING WITH THE CHILD.
    Detailed statements from a child will be obtained through either a forensic interview coordinated by the Child Advocacy Center (ChildSafe) or by detectives assigned to the SVU office.

G. The reporting officer will provide the victim and the victim’s parents or guardians with SAPD Form #2089-PSA.
1. If necessary, the officer counsels the victim in choosing a pseudonym by advising the victim the chosen pseudonym will be used in subsequent legal documents, and will be seen by officials such as judges and prosecutors.
The officer encourages the victim to choose a conservative pseudonym which will not cause potential embarrassment to the victim.
The officer provides a copy of the SAPD Form #2089-PSA to the victim.

  1. The officer will email a copy of the offense report and SAPD Form #2089-PSA to the Special Victims Unit. The officer will return the original SAPD Form #2089-PSA to the Special Victims Unit in person or in a sealed envelope through the department bin mail.

H. If the sexual assault occurred within one hundred twenty (120) hours of the report to the police, the officer requests the victim undergo a physical examination at a hospital prior to giving a statement.
The officer stresses the importance of the examination for the following reasons:

  1. The victim may require medical treatment for possible pregnancy, disease, or injury; and
  2. A medical examination obtains evidence critical to the successful prosecution of the offender.

I. When the parents or guardians want the victim to be examined by a private physician, the officer stresses having the medical examination done at the Children’s Hospital of San Antonio, if the victim is sixteen (16) years of age or younger, due to that hospital’s expertise in handling cases involving children.

  1. If the parents do not wish to go to the Children’s Hospital of San Antonio, a sexual assault examination may be done at the Methodist Specialty and Transplant Hospital, provided the child is over 13 years of age.
  2. The officer immediately notifies hospital personnel so they may contact one of the SANE nurses.
  3. The officer will be requested to sign a form titled “Law Enforcement Request for Sexual Assault Exam”.
    This form is used to certify the assault has occurred within the last 120 hours or the exam is being requested by law enforcement based on some other factor.
    This form is needed to certify to the Attorney General’s office the cost for the SANE exam is eligible for payment to the hospital by the Texas Attorney General’s Office.
    This form should be signed by the officer while at the hospital.

J. The officer is prepared to inform the medical staff of the details of the offense if so requested.

A

K. The officer may provide transportation to a medical facility for testing.
Contact the Special Victims Unit or NCID to determine how to proceed with the investigation.
A parent or guardian should accompany the victim and bringing a change of clothing for the victim is highly recommended should the child’s clothing need to be collected as evidence.

L. Calling the Special Victims Unit office at 207-2313, 7 days per week from – 0745-1745 hrs.;

 a. After 1900, officers may contact the NCID offices at 207-7389.
 b. A limited number of follow up detectives may be available from 0500-0745 and 1745-1900 hrs. and if available can be contacted via the radio on 3H.

M. A copy of the offense report and SAPD Form #2089-PSA, is emailed or hand delivered to the Special Victims Unit prior to the end of the officer’s tour of duty and the original is either dropped off in person to SVU or via bin mail.

720
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 703 –
Handling of Sexual Assault Complaints

.08 MEDICAL EXAMINATION LOCATIONS

A. The Methodist Specialty and Transplant Hospital, located at 8026 Floyd Curl, is the primary location for examinations in all sexual assault cases involving victims seventeen (17) years of age and older and for all suspects of any age.

B. The Children’s Hospital of San Antonio, located at 333 N. Santa Rosa, is the primary location for examinations in all sexual assault cases involving victims sixteen (16) years of age and younger.

A

.09 COLLECTION OF EVIDENCE FROM SEXUAL ASSAULT SUSPECTS

A. If an officer arrests or detains a suspect, adult or juvenile, within a reasonable amount of time after the sexual assault or indecency with a child, he immediately notifies the follow up unit.
Depending on the circumstances of the case, the processing of the suspect for evidence may involve the following:

  1. Collection of evidence from an arrested person, that is non-intrusionary, including photographs of defensive wounds, may be collected for the immediate preservation of evidence without a warrant.
  2. Evidence that requires intrusion into the human body, such as the withdrawing of blood or the taking of a sample of DNA from inside the mouth, must be accomplished pursuant to a search warrant or through the voluntary written consent of the suspect.
  3. Suspects detained but not arrested may have non-intrusionary evidence collected from their persons only pursuant to a search warrant or through the voluntary written consent of the suspect, unless exigent circumstances can be clearly articulated by the officer and/or detective assigned to the case stating why there was not enough time to procure a warrant.
  4. The suspect, regardless of age, will be taken to the Methodist Specialty and Transplant Hospital (8026 Floyd Curl) for the examination.
    An on-call SANE Nurse will be notified to conduct the examination to remove any biological or trace evidence, including the photographing of defensive wounds, from the sexual assault suspect.
    Since Suspects and Victims are both taken to Methodist Specialty and Transplant, the officer must call to coordinate the suspect’s arrival to the location.
    It is critical suspects and victims do not encounter each other at the hospital. Contact the appropriate follow up unit with a detained juvenile to ensure they are handled correctly.
  5. All evidence removed from the suspect, except photographs of defensive wounds, will be packaged by the SANE Nurse and turned over to the officer.
  6. The officer will place all collected evidence received from the SANE Nurse in the Property Room under the appropriate case number;
  7. Normally, the victim’s sexual assault kit remains at Methodist Transplant or Christus Santa Rosa Hospital and is transported to the crime lab by follow up unit personnel.
    If the officer comes into possession of the victim’s sexual assault kit, such as when the victim’s SANE exam was performed at a location other than one of the above hospitals, the officer will separate any suspect kit from the victim’s sexual assault kit and place the kits under separate barcodes.
    It is critical to avoid the possibility of cross contamination when handling or transporting SANE kits or other biological material.
  8. Any photographs taken by the SANE Nurse at the time of evidence collection will remain at the medical facility and will be picked up by the follow-up unit.
721
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 801 – Incident Command System

.08 OPERATIONS SECTION

The most common way to identify Divisions is by using _______________.

A

alphabet characters (A, B, C, etc.).

Other identifiers may be used as long as Division identifiers are known by assigned responders;

722
Q

San Antonio Police Department
GENERAL MANUAL
Procedure 902
– Leave and Absence Policies

.02 POLICY

Officers on any type of leave status are NOT authorized to work overtime for the City unless ordered to return to duty by ______________.

A

a Division Commander.