Lewiston Police Policy Manual Flashcards
PM 1.05
Use of Force
II. POLICY
It is the policy of this department that officers shall use only that amount of force that reasonably appears necessary, given the facts and circumstances perceived by the officer at the time of the event, to effectively bring an incident under control. “Reasonableness” of the force used must be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any interpretation of reasonableness must allow for the fact that police officers are often forced to make split-second decisions in circumstances that are tense, uncertain and rapidly evolving about the amount of force that is necessary in a particular situation.
III. DEFINITIONS
A. Deadly Force: - Any use of force that is likely to cause death or serious physical injury.
B. Non-Deadly Force: - Any use of force other than that which is considered deadly force.
IV. PROCEDURES
A. Parameters For The Use Of Deadly Force:
1. An officer may use deadly force only when the officer reasonably believes the action is in defense of human life, including the officer’s own life or in defense of any person in immediate danger of serious physical injury.
a. Reasonable belief is defined as: When facts or circumstances the officer knows are such as to cause an ordinary and prudent person to act or think in a similar way under similar circumstances.
b. Serious physical injury is defined as: A bodily injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in long term loss or impairment of the function of any bodily member or organ.
2. Before using deadly force, and where feasible, police officers should identify themselves and state his/her intent to shoot.
3. Fleeing felons shall not be presumed to pose an immediate threat to life unless circumstances demonstrate an immediate threat to or wanton disregard for human life. Only when the conditions listed in Section A.1. are met can deadly force be used pertaining to fleeing felons.
4. Officers shall not fire their weapons at a moving vehicle except when occupants of the vehicle are using deadly force against the officer or another person and there is no alternative means of protecting life.
5. Firing from a moving motor vehicle is not authorized unless the officer is being fired upon; or, in the defense of themselves or any person who faces an immediate and clear threat of serious physical injury.
6. Firearms should not be discharged when it appears likely that an innocent person may be injured, unless the officer reasonably believes that failing to do so will result in a greater threat to human life than firing.
7. Except for maintenance or during training, police officers shall not draw or exhibit his/her firearm unless circumstances known to the officer at the time of the incident create a reasonable belief that it may be necessary to use the weapon in conformance with this policy.
8. Warning shots are prohibited.
9. A police officer may also discharge a weapon under the following circumstances:
a. During range practice or competitive sporting events.
b. To destroy an animal that presents a threat to public safety.
10. Whenever any member of the department discharges a department issued firearm, discharges a privately owned firearm authorized for use by the department in a law enforcement capacity, other than those listed in 9a above, he/she will contact his/her immediate supervisor if this occurs on duty, or contact the on duty Field Operations Supervisor if the member is off duty. The supervisor will then notify a Command Officer and an inquiry will occur. The results of the inquiry will be documented in a written report.
B. Parameters For Use Of Non-Deadly Force:
- Where deadly force is not authorized, officers should assess the incident in order to determine which non-deadly technique or weapon will best de- escalate the incident and bring the incident under control in a safe manner.
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Officers are authorized to use department approved non-deadly force techniques and issued equipment for resolution of incidents, as follows:
a. To protect themselves or another from apparent threat of physical harm; or,
b. To restrain or subdue a resistant individual; or,
c. To bring an unlawful situation safely and effectively under control.
d. OC spray/Taser should not normally be used on prisoners who are properly handcuffed or secured for transportation in the patrol unit. However, in extreme situations where a prisoner cannot be brought under control even after being handcuffed and/or secured and other means cannot bring the prisoner under control, OC spray/ Taser may be used to assist in gaining control of the prisoner.
e. The Taser should not normally be used on young children or pregnant females, except, in extreme situations where the person cannot be brought under control without escalating the use of force.
C. Training, Qualifications And Authorization:
1. While on and off duty, officers shall carry, for police purposes only, firearms and ammunition authorized by and registered with the department. (As noted in Firearms Policy 1.06)
2. Authorized firearms are those with which the officer has qualified and received departmental training on proper and safe usage, and that are registered and comply with departmental specifications.
3. The department shall schedule regular training and qualification sessions for duty, off-duty and specialized weapons. These sessions will be graded on a pass/fail basis.
4. An officer shall not be permitted to carry any primary firearm with which he/ she has not been able to qualify during the most recent qualification period.
5. An officer who has taken extended leave or suffered an illness or injury that could affect his/her use of firearms will be required to re-qualify before returning to enforcement duties.
6. The following issued less lethal weapons are authorized:
a. Side Handle Baton
b. Collapsible metal baton
c. O.C. Spray
d. Less lethal devices
Examples: Bean Bag Rounds
Taser
7. An officer shall not be permitted to use any of the above firearms, non-deadly or less lethal devices until they have received training and shown proficiency on the proper use of each device. Newly hired officers will be given a copy of the Use Of Force Policy and Firearms Policy and will read and review them with their Field Training Officer.
8. In a life threatening emergency situation, an officer may employ non-issued items or weapons available at the scene of the emergency. Non-issued items carried on duty for use as weapons, unless provided for in this policy, are prohibited.
D. Reporting Uses Of Force:
1. A written report detailing the use of force circumstances and results according to departmental procedures will be required and completed as soon as practical by all officers involved after a use of force incident involving an actively resistant suspect.
2. Use of force reports will be filled out by the on-duty supervisor as soon as practical after a use of force incident an actively resistant suspect. The computer log printout of Taser use shall be included with the Use Of Force Report when applicable. This report and all other written reports pertaining to the incident will be forwarded to the Chief of Police via the chain of command for his/her review. (Appendix A)
3. A supervisor will be immediately summoned to the scene in the following situations:
a. When a firearm is discharged outside of the firing range, in the performance of police-related duties.
b. When a Use Of Force is employed to bring an incident under control involving an actively resistant suspect, whether there are any injuries or not.
c. When a subject complains that an injury has been inflicted by the actions of a Lewiston Police employee. If the injury is visible, a photograph should, if possible, be taken of the affected areas.
d. A canvas of the area or neighborhood should be conducted, if necessary. The on-duty supervisor will make the determination if the canvas must be done immediately, or if a short time delay would be less intrusive on our citizens based upon the time of night or day.
4. Handcuffing
Persons arrested by members of the department shall be handcuffed. If practical, officers shall handcuff (double lock) all prisoners with his/her hands behind his/her back. Discretion may be exercised by the officer under exceptional circumstances. It is each member’s responsibility to provide safe custody for a prisoner, especially when handcuffed. Officers are authorized to use their discretion to handcuff persons not under arrest when to do so is reasonable and necessary given the circumstances, taking into consideration protection of the public, officer safety and the preservation of a crime scene. The specific reason for handcuffing a person not under arrest shall be documented in a detailed police report.
E. Departmental Response:
- Deadly Force Incident
a. When an officer’s use of force causes death or serious bodily injury, the officer may be placed on leave with pay. An examination by a psychologist or other mental health professional may be required, at the city’s expense.
b. An investigation of the incident shall be conducted in conjunction with the City Attorney’s Office, when necessary.
PM 1.07
Post-Traumatic Incident Procedures
I. PURPOSE
To provide guidelines that shall be uniformly applied following any officer-involved incident that has resulted in death or serious bodily injury, in order to minimize the chances that involved personnel will develop or suffer from post-traumatic stress disorder.
II. POLICY
Law enforcement duties can often expose officers and support personnel to mentally painful and highly stressful situations that cannot be resolved through normal stress coping mechanisms. Unless adequately treated, these situations can cause disabling emotional and physical problems. It is understood that each person handles stressful incidents in a different way, but it has been found that officer-involved incidents resulting in death or serious bodily injury to a citizen or a fellow officer may precipitate such stress disorders. Therefore, it shall be the policy of the Lewiston Police Department to take immediate action after such incidents to safeguard the continued good mental health of all involved personnel.
III. DEFINITIONS
A. Post-Traumatic Stress Disorder: An anxiety disorder that can result from exposure to short-term severe stress, or the long-term buildup of repetitive and prolonged milder stress.
B. Officer-Involved Incident: A line-of-duty incident where death or serious bodily injury to an officer or other person is involved.
IV. PROCEDURES
A. Handling of Officers at Scene of Incident:
1. A supervisor shall be dispatched to the scene of the incident and shall assume responsibility in providing care for involved personnel.
2. The supervisor shall make appropriate arrangements for all necessary medical treatment.
3. During any period where the involved officer is required to remain on the scene, but has no immediate duties to fulfill, the officer shall be taken to a quiet area away from the scene of the incident. A supportive friend or officer should remain with the officer(s), but should be advised not to discuss the details of the incident. Officers should make only reassuring and supportive comments to the officer.
4. The supervisor should arrange for the officer(s) directly involved in the incident to leave the scene as soon as possible and be taken to a quiet setting.
5. Where possible, the supervisor shall briefly meet with the involved officer(s).
a. Caffeine or other stimulants or depressants should be discouraged unless administered by medical personnel.
b. Only minimal, preliminary questions should be asked about the incident. The questions should be directed to locations or identification of suspect(s) and security of the scene. The officer(s) should be advised that a more detailed briefing will be conducted at a later time.
c. Any standard investigations that will occur concerning the incident should be discussed with the officer(s).
d. The officer(s) should be advised that the City Attorney may be consulted at any time, if the incident is such that legal counsel may be needed. If the officer(s) desires counsel other than the City Attorney, the officer(s) may consult with other legal counsel at the officer(s) own expense. If the officer(s) desires the City to pay for the expense of legal counsel other than the City Attorney, the officer(s) should make a request through the Police Chief.
e. The officer(s) should be advised not to discuss the incident with anyone except the City Attorney, Assistant City Attorney, private attorney, union representative, departmental or authorized investigator until the conclusion of the preliminary investigation.
6. The supervisor shall determine whether the circumstances of the incident require that the officer(s) duty weapon be taken for analysis. Where the duty weapon is taken, the supervisor shall:
a. Take custody of the weapon, if required, in a discrete manner and;
b. Replace it with another weapon as soon as possible, or advise the officer that it will be returned or replaced at a later time, as appropriate.
7. Involved officers should notify his/her families about the incident as soon as possible. If an officer is unable to do so, a designated department member should personally notify the family, and arrange for transportation, if necessary.
8. At all times, when at the scene of the incident, the supervisor should handle the officer(s) and all involved personnel in a manner that acknowledges the critical nature of the incident.
B. Post-Incident Procedures
- If circumstances of the incident requires, involved personnel shall be removed from the line duties but shall remain available for any necessary administrative investigations.
- Depending on the incident, all officers directly involved may be required to contact an agency designated specialist for counseling and evaluation as soon as practical after the incident. All officers directly involved in a shooting incident should, as soon as practical, be offered professional counseling. Involved support personnel should also be encouraged to contact such specialists after an incident. After the counseling sessions, the specialist will be asked to advise the Chief of Police, or his/her designee;
a. Whether it would be in the officer’s best interest to be placed on administrative leave or light duty, and for how long;
b. What will be the best-continued course of counseling. - The department strongly encourages the families of the involved officer(s) to take advantage of available counseling.
- Any department investigation of the incident shall be conducted as soon and as quickly as practical.
- The department should brief other members concerning the incident so that rumors are kept to a minimum.
- All personnel involved in the incident should be advised that he/she should not speak with the media about the incident. Officers and other personnel shall refer inquiries from the media to the designated department public information officer, unless otherwise authorized to release a statement pertaining to the incident.
C. Daily Stress Recognition
- As post-traumatic stress disorders may not arise immediately, or the officer(s) may attempt to hide the problem; each department member should watch for unusual behavior after the incident. If unusual behavior is observed, a supervisor should be notified.
- The Chief of Police or his/her designee may order an officer to seek assistance or counseling from a mental health specialist upon a reasonable belief that stress may be disrupting the officer’s job performance.
PM 1.10
Internal Affairs Procedure
I. PURPOSE
This procedure is established to ensure that complaints against members of the department will immediately, thoroughly and impartially be investigated in order to:
A. Maintain public confidence in the integrity and propriety of department members.
B. Clear any member who is improperly accused.
C. Correct an errant member.
D. Institute disciplinary action, when appropriate.
II. COMPLAINTS
A. A complaint, which requires the use of this procedure, is any allegation of misconduct on the part of a department member by another member of the department, other agency, or any citizen which alleges:
1. Violation of any law.
2. Violation of any department order.
B. Exceptions to the use of this procedure:
- Complaints and inquiries regarding department policies and procedures. Such complaints will be immediately accepted by any member of the department and reported via memorandum through the chain of command to the Chief of Police for evaluation and resolution.
- Complaints and inquiries of a minor nature received by an on-duty supervisor that meet the following conditions:
a. The complaint or inquiry can be resolved satisfactorily on a shift level basis by a first-line supervisor in a timely manner.
b. Such option and resolution is fully explained to the complainant and a more formal resolution is not desired.
c. The Section Commander is briefed on circumstances and facts surrounding the complaint and final resolutions, and notes are recorded by the supervisor sufficient enough to prepare a formal report if so required in the future.
III. RECEIVING AND REPORTING COMPLAINTS FROM OUTSIDE THE DEPARTMENT
A. Every member of the department has the responsibility to:
1. Immediately and politely accept a complaint made by any person at any time. The only exception will be complainants who are obviously intoxicated or display greatly impaired judgment. Such persons will be advised to recontact the department.
2. Inform the complainant that the matter will be investigated. No remarks will be made as to the results of the investigation or to discourage cooperation by the complainant.
3. Request the complainant’s name, address, residence and business telephone number as well as that of any witnesses. Inform the complainant that this information will assist in the investigation and permit the Chief of Police to inform him/her of the result. If a complainant does not wish to provide this information, it will in no way affect the course of this procedure.
4. Complete the department complaint form (Appendix A) and attach copies of any related material such as department reports or complainant’s letters.
B. In the event that the department member who is first contacted by a complainant is not a supervisor, he/she shall refer the complainant to an appropriate supervisor.
C. The complainant involved in the incident will be given a copy of the document explaining the resolution of complaints against police employees. (Appendix D) After he/she have reviewed the document he/she will be asked to complete the Personnel Complaint Worksheet, (Appendix E) acknowledging the truth of the facts and details through a sworn and notarized statement. Failure to comply with this request will be so noted on the document by the member present. The complainant will be given a copy of the worksheet.
IV. INITIATING A COMPLAINT WITHIN THE DEPARTMENT
A. Any member of the department who has cause to believe that another member has acted in a manner seriously contrary to the public interest or the good reputation or operation of the department by violating a law or department order will complete the department complaint form or will immediately notify his/her supervisor with details of the incident. The supervisor will determine the course of action and submit it to the accused member’s Section Commander, and if warranted, a complaint will be filed.
If the accused is a command officer, the department complaint form will be submitted directly to the Chief of Police.
B. A member initiating a complaint against another member, or who notifies his/her supervisor verbally, will prepare a memorandum containing all necessary facts and forward the memorandum to his/her supervisor with a copy to the Section Commander.
V. INVESTIGATION OF COMPLAINTS
A. If a complaint against a member of the department alleges serious misconduct:
1. The member who records the complaint will request the complainant to remain or make him/herself available for immediate interview by the accused member’s supervisor or Section Commander.
2. Upon notification of the complaint, the Section Commander or officer in charge will interview the complainant and complete a preliminary report (memorandum) to be attached to the department complaint form.
3. If necessary, the Section Commander or officer in charge will take necessary and appropriate corrective action.
4. The officer in charge will notify the accused member’s Section Commander of the charges. If the member’s Section Commander is not available, then notify the appropriate Division Commander or Chief of Police.
5. As soon as possible, the officer in charge will deliver the complaint to the accused member’s Section Commander. The Section Commander will hand carry the complaint to the Chief of Police for review and assignment of an “IA” number and entry in the master complaint log. (Appendix B)
B. If the complaint does not involve misconduct as described in Section V., Subsection A.; the member who records the complaint will give it to his/her supervisor for dissemination.
1. For unresolved complaints, the officer in charge may begin a preliminary investigation. The officer in charge will notify the accused member’s Section Commander of the complaint. The Section Commander will forward the complaint to the Chief of Police.
C. The Professional Standards Unit will normally conduct the investigation of a complaint. The Professional Standards Unit, with the approval of the Chief of Police, may assign additional personnel to the investigation if the nature of the complaint warrants such assignment.
D. The Master Complaint Log will be maintained by the Chief of Police. The following information will be recorded on the log:
- “PSI” Number (“PSI - Current Year - Next Number in Sequence) Example: PSI 88-1.
- Date complaint was received.
- Accused members name.
- Complainant’s name.
- Final adjudication.
E. The log shall be securely maintained and its contents will only be released on the approval of the Chief of Police.
F. All department internal investigations will be conducted by the guidelines established in the Lewiston Police Department Rules; 400.020 (Internal Investigation/Employee Bill of Rights), 400.030 (Allegation of Non-Criminal Misconduct), 400.040 (Allegation of Criminal Misconduct); S.E.I.U. Contractual Agreement and the City Personnel Policy.
- During the course of the investigation, members being investigated are prohibited from contacting the complainant except in the normal course of duties, or unless so directed. Once a complaint has been logged and assigned by the Chief of Police, the complainant will be contacted by the assigned investigator. Those individuals involved in the investigation, i.e. complainant, member under investigation, witness, potential witness, anyone with knowledge, etc., are prohibited from discussing the investigation in any manner, form or forum.
- Members being investigated will normally be notified by the assigned investigator that he/she is being investigated and will sign the complaint form indicating he/she acknowledges that a complaint has been lodged.
- The Chief of Police or his/her designee will notify the Union by certified mail and the Chief Steward, or in his/her absence, the first vice-president.
- The only exception would be a criminal investigation or those which involve current or on-going conduct which is considered to be an extremely serious violation of department rules or regulations and such notification would significantly hamper a successful investigation.
VI. REPORTING ON INVESTIGATIONS AND FINDINGS
A. The Professional Standards Unit should provide the Chief of Police with a progress report within seven (7) days of the date the complaint was received and each seven (7) days thereafter until the investigation is completed. A completed investigation will be returned on or before the assigned completion date unless an extension has been granted by the Chief of Police.
B. Upon completion of the investigation, the Professional Standards Unit will fill out the Final Disposition Report (Appendix C) except the portion titled (Action Taken Relative To Complaint). The Professional Standards Unit will include this document in the I.A. File and will provide the accused member’s Section and Division Commander with the documentation of the investigation for their review.
1. The Division Commander will return the file, with recommendations, to the Chief of Police within four (4) business days, or will request additional information from Professional Standards, and in this case will return the file within eight (8) business days to the Chief of Police.
C. These reports are confidential and no member will have access to these reports unless specifically approved by the Chief of Police.
D. Based on facts included in the report, the investigation must indicate whether or not a law or department order was violated. One of the following findings will then be made by the Professional Standards Unit for each specific allegation citing the specific law or department order which was violated.
- Unfounded - The allegation is false or not factual.
- Exonerated - The alleged incident occurred, but was lawful or proper.
- Not Sustained - There is insufficient evidence to prove or disprove the allegation.
- Sustained - The allegation is supported by sufficient evidence to substantiate the allegation.
E. If the allegation is sustained, the Division Commander will recommend action to the Chief Of Police.
F. If the findings are “Unfounded, Exonerated, or Not Sustained”, no record of the investigation will be placed in the member’s personnel file. It is to be clearly understood that only a fully investigated and clearly proven “Sustained” allegation may result in disciplinary action or any record in the accused’s personnel file.
G. Written notification will be given to any accused member of the complaints final disposition and will be signed by the Chief of Police. The Chief of Police will notify the member’s Division Commander of the discipline decision.
VII. DISCIPLINARY ACTION PROCESS
A. The Chief of Police will notify the Union by certified mail and the Chief Steward, or in his/her absence the first vice-president, following notification of the member of any pending IAC or disciplinary action in writing. Notification will be made by the Chief of Police or his/her representative and will include the member’s name.
B. The Chief of Police will follow disciplinary proceedings as outlined in the City Personnel Policy.
VIII. FILE SECURITY
All files of complaint investigations will be retained under security of the Chief of Police. The files will include original documents pertaining to the investigation.
IX. RELIEVING A MEMBER FROM DUTY
A. Section 1203 - City of Lewiston Personnel Policy
1. The City Manager or any Department Manager may take disciplinary action against an employee under his/her control for one or more of the causes for discipline specified in Section 1202, Causes for Disciplinary Action.
2. The City Manager may suspend an employee for cause from the employee’s position at any time, pending the result of disciplinary action.
3. A Department Manager may delegate to supervisory employee(s) the authority to relieve an employee of the employee’s duties in emergency situations, pending further action by the Department Manager.
4. A Department Manager may suspend an employee under the employee’s supervision for not more than three (3) working days at any one time without the approval of the City Manager. Written notice of suspension shall be given an employee within three (3) working days after such action. An employee may appeal such action in the manner provided in, Disciplinary Actions, of this policy.
X. NOTIFICATION
Suspensions, demotions and discharges will appear on a department personnel order. In the event the complaint has come from outside the department, the complainant will be notified in writing that action has been taken by the Chief of Police, or his/her designee.
XI. APPEALS
Any accused or disciplined member may appeal discipline in accordance with the City Personnel Policy or the Collective Bargaining Agreement.
XII. EXPUNGEMENT FROM PERSONNEL FILES
A disciplined member may petition the Chief of Police after a period of three years to have any record of the disciplinary action removed from the member’s personnel file if the action did not document a suspension or loss of pay.
PM 1.19
Compensation for Overtime Work
I. PURPOSE
A. To establish a procedure for the processing and accounting of all overtime hours.
B. To establish a procedure for requesting time off.
C. To establish a procedure for the mutual trading of shifts between employees.
D. To provide the Administrative Secretary and the Finance Department of the City of Lewiston with current overtime/compensatory and vacation information.
II. SCOPE
This directive applies to each member of the department and is in addition to those related procedures contained in Section 316 through 318 of the City of Lewiston Personnel Policy.
III. PROCEDURE
A. Overtime Payment, Compensatory Time Accrual and Directed Time Off(DTO)
1. These requests shall be completed and submitted as soon as possible after the overtime hours have been worked so that up-to-date documentation and records may be maintained.
2. An employee requesting overtime payment, compensatory time accrual or directed time off must complete the Overtime PaymentCompvacation/DTO Time Request Form (Appendix A). The completed request shall then be submitted to the employee’s supervisor for approval.
3. Supervisors, after reviewing a request and ensuring that it is correct and complete, should approve the request by signing the same.
4. Supervisors who deny a request for overtime payment compensatory accrual, or DTO will return the form (Appendix A) to the employee with an explanation concerning the reason(s) for the rejection. (This may simply be handwritten on the form.)
5. The supervisor approving the overtime payment, compensatory accrual or DTO time requests will submit the request to his/her Section Commander. The Section Commander will sign the request and submit the request to the Administrative Secretary for further processing.
B. Vacation/Comp Time Off
1. All requests for time off will be made on the Overtime payment/Comp, Vacation, /DTO time request form. (Appendix A)
2. Employees making a request for time off shall submit the request to his/her supervisor for review and approval/disapproval. When a supervisor approves such a request, he/she shall record the time off to be taken in the particular work schedule in which the employee is listed. The supervisor will then submit the request to his/her Section Commander. The Section Commander will submit the request to the Administrative Secretary for further processing.
3. Supervisors who deny a request for time off will return the form (Appendix A) to the employee with an explanation concerning the reason(s) for the rejection. (This may simply be handwritten on the form.)
C. Cancellation of Pre-Approved Vacation/Comp Time Off
When an employee has reason to cancel his/her pre-approved vacation, comp time, or DTO, , and the Appendix A form has been submitted to the Administrative Secretary, the employee will notify his/her supervisor and the Administrative Secretary of his/her cancellation intentions by a Memorandum or via email as soon as possible.
D. Record Keeping
After receiving a properly approved request for payment of overtime, the Administrative Secretary will calculate the correct amount of hours to be credited to the employee. The rate of payment/accrual will correspond with that determined by the City of Lewiston Personnel Policy or by any labor agreement under which the employee may be covered.
E. Scheduled Shift Trades
1. Employees wanting to make a shift trade must complete the Shift Trade Contract (Appendix B) and submit to his/her supervisor responsible for scheduling or his/her designee. In Field Operations, both employees will submit the Shift Trade Contract to his/her respective supervisor. Either supervisor can deny the shift trade and will return the form to the employees wanting to make the shift trade. In Investigations and Communications the supervisor can deny the shift trade and will return the form to the employees wanting to make the shift trade.
2. Traded time off will be paid back (worked) within 30 days of original trade.
3. Trade time will not be approved if any member would work more than 15 consecutive hours.
4. Trade time will not be approved if any member would ultimately work more than seven (7) consecutive days.
5. Trade time will not result in additional pay or overtime liability to the city.
6. Vacation or Comp Time is not allowed to be used in lieu of working on the days that are being traded. If the employee calls in sick and the agreement is not met, the member not fulfilling the trade will be charged with sick leave.
7. A copy of the Shift Trade Contract will be forwarded to the Administrative Assistant upon final approval.
PM 1.22
News Media Release Policy
I. PURPOSE
A. Release of Information to News Media
1. It is the policy of the Lewiston Police Department to maintain a cooperative relationship with the media to provide information of interest to the public consistent with protection of legal rights of involved individuals, and to provide information as required by laws regulating public access to official information. A positive police/media relationship is our primary goal.
2. The purpose of this policy is to establish guidelines to be followed in the issuance of press releases or release of information to the news media on law enforcement incidents only. Further, it is intended for the purpose of providing consistency in terms of format and style when press releases are prepared.
B. Press Releases
1. When an event occurs which is likely to generate community or media interest, consideration should be given to the issuance of a press release. Press releases may be issued by the investigating officer, a supervisor or staff members of the department.
a. A press release log (Appendix A) will be maintained in the “Press Release Log” folder on the desktop in the schedule folder.
b. Any member who issues a press release will request a press release number (02-01, 02-02, etc) from the on-duty communications specialist. The communications specialist will search the “Press Releases” folder to find the next number to be used.
c. The Investigating officer, supervisor or staff member will type the press release using the format as shown in Appendix B and save it to the “Press Release” folder and notify the on-duty communications specialist that it is ready to be processed.
d. The on-duty communications specialist will send an email to the distribution group in the address book titled “Press Release”. The email should have the completed and saved press release as an attachment.
e. The on-duty communications specialist will print a copy of the press release for the incident.
f. The on-duty communications specialist will enter the necessary information in the “Press Release Log” and save the file by hitting “save as” and use the beginning date of each press release log. (For example: if the first entry on the Press Release Log is on January 1, 2012 then the “save as” file will be 01-01-12 Press Release. That date will continue to be used until the log page is filled up then a new page will be started with it being saved to the new date
g. Press releases will be emailed to:
1) City Manager
2) City Attorney
3) Chief of Police
4) Division Commanders
5) Section Commanders
6) Technical Corporal
7) Media As Requested
C. Release of Information
The Investigations Section Commander/Supervisor will ensure that a timely release of pertinent information is provided to the media concerning ongoing or completed criminal investigations.
D. Public Information Officer – Major Incidents
1. The Public Information Officer (PIO) will be the Support Services Division Commander. In the absence of the Support Services Commander, the PIO should be another Command Staff member. In this instance, the media will then be directed to obtain official information through the acting PIO.
2. When the Public Information Officer is not immediately available the ranking officer at the scene of an incident shall act as the media representative for the Department until the PIO arrives.
E. Other Incidents of Interest to the Media
Department members may provide factual information to the media on reported incidents.
F. Information Which May be Released to the Media
1. Arrested person’s name (if an adult), age, residence, and sex. A photograph of an adult arrested person may be provided to the media.
2. Originating source of information for the action, either citizen’s complaint, officer initiated, warrant and the substance or text of the charge and statutes violated; date, time, and location of arrest, and property value stolen if appropriate.
3. The length of the investigation and present status, either active or concluded.
4. The immediate circumstances surrounding the arrest including any acts of resistance on the part of the arrestee.
5. Photographs, composites, physical descriptions or names of suspects may be released to the media to assist law enforcement in locating the suspect(s).
G. Information Which May Not Be Released to the Media
No member of the Department shall release any information pertaining to another agencies arrest, pending case, or investigation; an exception to this rule may occur when the Chief of Police or his/her designee prepares a press release of an arrest, pending investigation or investigation involving members of the Quad Cities Drug Task Force.
H. Allowing Media to Enter Area of an Incident or Crime Scene
Police lines may be established to prevent persons from entering the area of an incident or crime scene. Dependant upon the tactical situation and the likelihood of jeopardizing police operations, members of the news media may or may not be allowed in these areas. Authorization for entry is normally dependant upon the judgment of the supervisor present. While members of the media may be permitted in the area of a crime scene or a serious incident, they do not have the authority to be within an area that has been secured to preserve evidence, or at any location where their presence jeopardizes police operations, or on private property.
PM 1.25
Off Duty Employment
II. POLICY
It is the policy of the Lewiston Police Department that all employees will obtain approval from the Chief of Police before engaging in off-duty employment. (Section 1705, City Employee Manual)
III. DEFINITIONS
A. Employment: The provision of a service, whether or not in exchange for a fee or other service.
B. Extra-Duty Employment: Any employment that is conditioned on the actual or potential use of law enforcement powers by the police officer employee.
C. Regular Off-Duty Employment: Any employment that will not require the use, or potential use of law enforcement powers by the off-duty employee.
IV. PROCEDURES
There are two types of off-duty employment in which an employee may engage:
A. Regular Off-Duty Employment: Employees may engage in off-duty employment that meets the following criteria:
1. Employment of a non-police nature in which vested police powers are not a condition of employment; the work provides no real or implied law enforcement service to the employer and is not performed during assigned hours of duty.
2. Employment that presents no potential conflict of interest between his/her duties as a police officer and his/her duties for his/her secondary employer.
3. Employment that does not constitute a threat to the status or dignity of the police as a professional occupation.
B. Extra-Duty Employment: Police Officers may engage in extra-duty employment as follows:
1. Where a governmental entity has a contract agreement with the City of Lewiston for police services.
2. Officers will be subject to all rules and procedures of the department.
3. Officers will be expected to ask for advice from an on-duty supervisor or command officer in all circumstances of an unusual nature or about which the employee has questions.
4. Officers will be required to make any necessary reports during the course of extra-duty employment.
C. General Rules:
1. Employees will not be permitted to engage in off-duty employment eight (8) hours prior to his/her regular tour of duty to permit a reasonable period of rest time.
2. Off-duty employment will not be approved for any employee whose sick record indicates a lack of strength or stamina necessary to sustain both employments.
3. Entry-level employees will not be permitted to perform off-duty employment during his/her initial training period (i.e. Field Training Program).
4. A separate request form will be necessary for each employer, if more than one.
5. Employee must keep his/her supervisor, Division Commander and the Chief of Police informed on any change of off-duty employment status.
V. PROCESSING OF REQUEST
The Chief of Police shall receive the off-duty request (Appendix A) within five business days of submittal.
PM 1.28
Consumption Of Intoxicating Beverages On Duty
During the course of special investigations, department personnel involved in situations that require the consumption of intoxicating beverages to enhance his/her credibility and/or not arouse suspicion. The following guidelines will be followed in regards to consuming intoxicating beverages in the performance of duty.
PM 1.37
Mutual Aid Agreement
Presently, we have signed mutual aid agreements with seven agencies.
A. Moscow Police Department
B. Pullman Police Department
C. Clarkston Police Department
D. Washington State University Police Department
E. Asotin County Sheriff Office
F. Nez Perce County Sheriff Office
PM 1.44
Misdemeanor Summons
II. POLICY
The release of persons criminally arrested by issuance of a misdemeanor summons will be governed by the following procedures.
III. GENERAL
Under certain circumstances, persons arrested for misdemeanor charges should be released on a misdemeanor summons if certain factors are met. The following factors are used to ensure that the person will appear in court.
A. The person will stop his/her illegal action and cooperate with the officer.
B. The person has proper identification or is known to the officer.
C. The person has no prior F.T.A.’s within the past two years.
D. The Officer reasonably believes the person will appear in court if he/she is released on a promise to appear.
E. Other facts that would assist the arresting officer in determining if a summons and release is appropriate.
1. The arrested person may be transported to a facility so that fingerprints and photos may be taken prior to a complaint and summons being issued.
2. A person that is hospitalized or a person that the jail facility will not accept should be issued a complaint and summons and/or released to a responsible person or allowed to remain at the treatment facility.
3. Exceptions: Any existing law or procedure that would mandate a person be jailed or released on a summons.
a. Processing DUI suspects #2.10 – Jailing mandate
b. Domestic Violence incidents – Nez Perce County Domestic Violence Protocol – Jailing Mandate
c. Arrested persons under 18 years of age – Released to parent or responsible adult
d. Situation and circumstances that could, in the officer’s judgment, adversely affect community safety – Jailing mandate
PM 1.48
Search & Seizure Without Warrant
II. POLICY
It is the policy of the Lewiston Police Department that all searches and seizures will be conducted in accordance with existing laws and court decisions.
III. PROCEDURE
A. Search by consent – An individual may voluntarily consent to a search of his/her person, his/her property either verbally or by written consent. A third person who shares common control or authority of the premises or items to be searched may give consent to authorize a search.
1. Any person asked to consent to any search shall be informed of his/her right to refuse to consent to the requested search.
2. An individual who consents to a search may withdraw that consent at anytime, and the consent search must cease.
B. Stop and frisk – Officers may conduct protective pat down searches of persons suspected of criminal activity if he/she have a reasonable belief that person may be armed and dangerous. The officer must have articulable facts from which he/she can reasonably infer that the person may be armed and dangerous. The frisk must be limited to that which is necessary for the discovery of weapons that might be used to harm the officer or others. The search for weapons shall be limited to a pat down of the person’s outer clothing. If a suspected weapon is felt a more extensive search may be conducted to confiscate it.
C. Search Incident to Arrest
- Officers may search a person without a warrant incident to arrest. The purpose of the search is to protect the officer, prevent escape, and discover evidence of criminal activity. The search is confined to the arrestee’s person and the area within his/her immediate control.
- The lunge area of a vehicle may be searched incident to the driver’s or passenger’s arrest if you are looking for specific evidence of the crime for which the occupant was arrested.
D. Plain View Doctrine – Mere observation of contraband by an officer does not constitute a search within the scope of the Fourth Amendment. However, the seizure of such contraband is governed by the Fourth Amendment principles, and for the evidence to be admissible under the Plain View Doctrine:
- The officer must have the right to be at the location from which the items were viewed;
- No action can be taken by the officer to bring the items into plain view.
E. Open Field Doctrine/Curtilage
- Curtilage has been defined as the land and buildings surrounding a dwelling, generally including buildings used for domestic affairs. Curtilage is afforded the same Fourth Amendment protection as the home when it is directly related to the residence.
- Legitimate Expectation of Privacy – The determination of whether Fourth Amendment protection will be extended to items seized from the curtilage or open fields focuses on whether the person challenging the search has a legitimate expectation of privacy in the place which was searched.
F. Exigent Circumstances – Exigent Circumstances are defined as emergency circumstances, including when a suspect is fleeing or instrumentalities of a crime are being destroyed. Under these circumstances, if an officer has probable cause to believe that evidence of a crime will be found and it is not practical for the officer to obtain a warrant, the officer may conduct a warrantless search.
G. Automobile Exception – The courts have allowed searches of motor vehicles without a search warrant if probable cause exists that the vehicle contains contraband or evidence of a crime and the vehicle is capable of being moved.
H. Strip Searches – Supervisor approval is required prior to any strip search of a person being detained. Strip searches will only be conducted by a member of the same gender as the person searched. Only medical personnel will conduct an intrusive search into a body cavity.
PM 1.52
Arrest
POLICY
It is the policy of this department that all arrests made by departmental personnel shall be conducted professionally and in accordance with established legal principles. In furtherance of this policy, all officers of this department are expected to be aware of, understand and follow the laws governing arrest.
III. DEFINITIONS
A. Arrest - An arrest is taking a person into custody in a case and in the manner authorized by law. An arrest may be made by a peace officer or a private person.
B. Consensual Contact – Officers may approach any person and ask to speak with them while in a public setting or granted access by the person into a place defined as protected under the Fourth Amendment.
C. Probable Cause - The existence of circumstances that would lead a reasonably prudent officer to believe that a person had committed a criminal offense.
D. Reasonable Suspicion – When an officer has specific facts known to him/her which can be articulated to another that, when stated, creates a reasonable suspicion the person has or is about to commit a crime, the officer may approach and detain the individual for a reasonable amount of time. The reasonableness of a stop is determined by the totality of the circumstances confronting the officer at the time of the stop. The officer can only frisk the outer garments of the suspect when there is some indication to believe the suspect is carrying a weapon.
IV. PROCEDURE
A. An arrest is made by an actual restraint of a person, or by his/her submission to the custody of an officer. The defendant must not be subjected to any more restraint than is necessary for his/her arrest and detention.
B. Entering A Dwelling To Make An Arrest:
- Warrantless Arrest: An officer must always have probable cause. A police officer shall not make a warrantless and nonconsensual entry into a suspect’s home in order to make a routine felony arrest; absent exigent circumstances.
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Exigent Circumstances
a. An officer initiates a valid arrest in a public place and the suspect flees into private property such as a residence.
b. Fresh pursuit of a fleeing felon. An officer may not enter a residence in fresh pursuit for a warrantless arrest of person if the crime is a misdemeanor.
c. Risk of danger to the officer(s) or other persons inside or outside of the residence. (Idaho-probable cause may not be required in cases where warrantless entry is to prevent injury or to protect life.)
d. Destruction of evidence. Idaho does not permit warrantless entry into a residence to prevent the destruction of evidence if the crime under investigation is non-violent. -
Knock And Announce
a. Warrantless arrest of a suspect is permitted where the suspect voluntarily opens the door in response to an officer’s knock.
b. Knock and announce warrant arrest is permitted if the officer waits a “reasonable” time to enter and there is an exigent circumstance.
C. When a peace officer may arrest:
A peace officer may make an arrest in obedience to a warrant delivered to them, or may, without a warrant, arrest a person:
1. For a public offense committed or attempted in his/her presence.
2. When a person arrested has committed a felony, although not in the officer’s presence.
3. When a felony has in fact been committed and he/she has reasonable cause for believing the person arrested to have committed it.
4. On a charge made, upon a reasonable cause, of the commission of a felony by the party arrested.
5. At night, when there is reasonable cause to believe that he/she has committed a felony.
6. When upon immediate response to a report of a commission of a crime there is probable cause to believe, that the person arrested, had committed a violation of a section 18-902 (assault), 18-903 (battery), 18-918 (domestic assault or battery), 18-7905 (stalking), 39-6312 (violation of a protection order), or 18-920 (violation of a no contact order).
7. When the offense is for the following serious traffic offenses:
a. Negligent Homicide
b. Driving Under The Influence of Alcohol/Drugs
c. Failure to stop and give information on a collision resulting in death or personal injuries.
d. Failure to stop and give information in a collision resulting in damage to a vehicle, fixtures, or other property legally upon or adjacent to a highway.
e. Reckless driving
f. Fleeing or attempting to elude a police officer
8. When there is reasonable cause to believe, based upon physical evidence observed by the officer or statements made in the presence of the officer upon immediate response to a report of a commission of a crime aboard an aircraft, that the person has committed such a crime.
D. When a private person may arrest.
A private person may arrest another:
1. For a public offense committed or attempted in his/her presence.
2. When the person arrested has committed a felony, although not in his/her presence.
3. When a felony has been in fact committed, and he/she have reasonable cause for believing the person arrest to have committed it.
E. Information to person arrested
The person making the arrest must inform the person to be arrested of the intention to arrest the person, of the cause of the arrest and the authority to make the arrest, except when the person to be arrested is actually engaged in the commission of, or an attempt to commit, an offense or is pursued immediately after its commission, or after an escape.
F. When an officer may arrest upon a warrant:
- If the offense charged is a felony, the arrest may be made on any day, and at any time of the day or night. If the offense charged is a misdemeanor, the arrest shall not be made inside a person’s residence between 8:00 p.m. and 8:00 a.m., unless upon the direction of the magistrate, as endorsed upon the warrant, or where consent was given to enter the residence by a person with real or apparent authority.
- If the person making the arrest is acting under the authority of a warrant, the person must show the warrant, if required.
PM 2.02
Minimum Staffing Levels
III. REQUIREMENTS
A. Watch # I (Day Shift)
1. No less than four (4) officers will be scheduled on each day of the week.
B. Watch # II (Swing Shift)
- No less than four (4) officers will be scheduled to work each day.
- Six (6) officers will be formed from a combination of Watch # II and Watch # III officers during the overlap of Watch # II and Watch # III.
C. Watch # III (Graveyard)
- Six (6) officers will be formed from a combination of Watch # II and Watch # III officers during the overlap of Watch # II and Watch # III.
- No less than four (4) officers will work each day of the week after Watch # II ends.
PM 2.03
Pursuit Policy
II. POLICY
The fundamental duty of officers is the protection and safety of our community and of our citizens. This duty includes the obligation to attempt the apprehension of persons who endanger the public by taking flight to avoid prosecution. However, good judgment and common sense must be used in every vehicle pursuit, keeping in mind that it is of the utmost importance that the officer not unduly endanger the public, him/herself, other employees or the fleeing suspect. At times, the danger presented by the pursuit itself can exceed the public safety value of immediate apprehension. Under such circumstances, the public safety is paramount and the pursuit will be terminated.
III. DEFINITIONS
A. Pursuit – An active attempt by an officer (operating a department vehicle) to apprehend an operator of a motor vehicle who, having been given a visual and an audible signal by the officer directing such operator to bring the vehicle to a stop, fails to respond to such direction and increases the vehicle’s speed, extinguishes the vehicle’s lights, or makes some other overt action designed to avoid apprehension.
It is the fleeing violator who initiates the pursuit, and the officer must make a series of decisions as whether to engage in the pursuit.
B. Emergency Operation – The act of driving a department vehicle with the emergency lights and siren in operation while in pursuit of a suspect.
C. Primary Vehicle – The patrol vehicle driven by the officer who became involved in the pursuit or another vehicle which takes the lead vehicle position.
D. Secondary Vehicle – A patrol vehicle which becomes involved in a pursuit immediately following the primary vehicle and acting as the primary vehicle’s backup.
E. Supervisor – A commissioned peace officer at the rank of Corporal, Sergeant or higher, or the most senior officer available.
F. Originating Jurisdiction – The jurisdiction of the officer driving the primary vehicle.
G. Receiving Jurisdiction – A jurisdiction which is entered by a pursuit which began in the originating jurisdiction.
H. Termination Of Pursuit – A pursuit shall terminate when the primary and secondary officer(s) turn off their emergency equipment, discontinue following the suspect and informs the Communications Center. The pursuit also ends when the suspect vehicle stops.
IV. PROCEDURE
A. Considerations
1. There are two basic alternatives to pursuits:
a. No pursuit (officers have the discretion not to pursue).
b. Conduct a follow-up investigation of the incident/law violation at a later time.
2. Pursuit of a motor vehicle is a very serious matter. When an officer pursues a fleeing vehicle, he/she may have a tendency to think only in terms of him/herself and the occupants of the fleeing vehicle.
3. At the beginning and during the pursuit, safety must be continually re-evaluated. It is imperative that the officer weighs the seriousness of the offense which has been committed against the hazards.
B. Continuance Or Termination Of A Pursuit
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Officers must immediately discontinue any pursuit when:
a. The pursuit is for any misdemeanors and misdemeanor traffic violations, to include infractions;
b. The vehicle is eluding for unknown reasons;
c. The pursuing officer knows, or is almost certain, that the fleeing vehicle is operated by a juvenile and the offense constitutes a felony that did not involve an actual or threatened attack (i.e., unauthorized use of the vehicle, driving without privileges, etc);
d. When directed to do so by a supervisor;
e. The pursuit of a motorcycle, motorized bicycle, all-terrain vehicle, snowmobile, exceptionally large vehicle (semi, tanker, etc), motor home or pickup with an unsecured person or persons riding in the bed shall be terminated unless the situation would otherwise allow the use of deadly force or, that if the perpetrator is not immediately apprehended it is likely that another person may suffer death or serious bodily injury.
f. Pursuits will be terminated by any officer who has a passenger in the vehicle, other than an officer or reserve officer of the Lewiston Police Department, except in the following circumstances:
1) Sworn and armed officers of an Idaho law enforcement agency. The ride-a-long officer shall only act in life threatening situations.
2) Out of state or federal law enforcement officers who are working a specific detail with the officer.
3) The supervisor shall assign the officers who will be riding together and will make the visiting officers aware of this policy.
g. If during a pursuit an accident occurs involving any vehicle(s), the officer will either stop and check for injuries or assign an assisting unit to render aid. - When the pursued vehicle leaves the roadway, containment rather than pursuit should be initiated unless a violent crime is involved.
- The department expects an officer to terminate involvement in pursuits whenever the risks to personal safety and the safety of others outweigh the danger to the community.
C. Termination Of A Pursuit
If the pursuit is terminated for any reason, the primary and secondary officer(s) will shut down all emergency equipment and discontinue following the vehicle. The officer(s) will advise the Communications Center that the pursuit has been discontinued.
D. General
- The primary vehicle and the secondary vehicle shall have the siren and emergency lights activated throughout the pursuit.
- When safe to do so, an officer involved in a pursuit shall notify Communications of relevant facts about the pursuit, such as;
a. Location
b. Direction of travel
c. Description of fleeing vehicle
d. Reason for pursuit
e. Speed
f. Other relevant factors - The on-duty supervisor or senior officer when, a supervisor is unavailable, shall immediately be notified of the pursuit.
- Unless expressly authorized by a supervisor, only two department vehicles shall be directly involved in a pursuit. Additional units may be assigned to assist in the pursuit if it is known that the violator has a high potential for causing death or serious bodily injury to others.
a. All other units will stay clear of the pursuit, remaining alert for its progress and location in the event they are needed to assist with traffic direction, accident investigation, foot pursuit, etc.
b. The primary vehicle and secondary vehicle may pursue the suspect outside the city, unless otherwise directed by a supervisor. - There shall be no bumping, ramming, blocking or boxing in the pursued vehicle unless, based on the existing circumstances, the use of deadly force would be justified.
- Roadblocks may be used if Idaho Code 19-622 (minimum requirements in establishing temporary road blocks) is followed and the supervisor has expressly directed the use of the roadblock.
- Officers shall not discharge a firearm at a moving vehicle unless the officer reasonably believes there exists an immediate threat of serious bodily harm and both of the following requirements can be met:
a. There is a reasonable belief that the projectile will not strike any person other than the suspect;
b. The risk of injury to others with the suspect vehicle going out of control being less than the risk of injury to others if the suspect is not captured immediately.
c. The officer shall not place himself/herself in front of a moving vehicle to create a deadly force situation. - Police motorcycles involved in a pursuit shall relinquish the pursuit to a marked vehicle as soon as possible.
- Vehicles without emergency lights and siren shall not be driving in pursuit of other vehicles.
V. PURSUITS INTO ANOTHER JURISDICTION
A. Officers shall not become involved in another agency’s pursuit unless specifically authorized by a supervisor, or the emergency nature of the situation dictates the need for assistance. In these instances, all department pursuit policies are in effect.
B. If the pursuit approaches or crosses into another jurisdiction, the supervisor may, if time and circumstances allow, communicate with the receiving jurisdiction to determine if the pursuing units shall remain as assigned or whether responsibility shall shift to the officers of the receiving jurisdiction. The supervisor may make the determination to terminate the pursuit, even if officers of the receiving jurisdiction are not able to take over the pursuit.
VI. POST PURSUIT DISCIPLINE
A. The responsibility for maintaining control and directing activities at the end of the pursuit must remain with the primary officer unless relieved by a supervisor.
B. The officer of the secondary unit shall be responsible for backing up the primary vehicle and broadcasting pertinent information.
VII. SUPERVISORY RESPONSIBILITIES AT TERMINATION OF PURSUIT
A. Upon arrival at the end of the pursuit, the supervisor shall assume scene responsibility.
B. Upon notification that an accident has occurred involving the fleeing vehicle and/or a Lewiston Police Department vehicle, the Idaho State Police will be requested to investigate, or the out of state agency in who’s jurisdiction the accident occurred.
C. The Watch Sergeant shall be responsible for the submission of Pursuit Report (Appendix A) to the Patrol Section Lieutenant within two (2) days. The analysis shall include:
1. Date and time of pursuit.
2. Area covered in pursuit.
3. Primary vehicle officer.
4. Secondary vehicle officer.
5. Any additional units, if any.
6. Initial reason for pursuit.
7. Maximum speeds.
8. Information on suspected/suspect vehicle.
9. Injuries/damage, if any.
10. Arrests/charges.
11. During the pursuit, did the actions of the involved officer conform to established department policy?
*NOTE: If a Corporal was the supervisor during a pursuit; the Corporal shall confer with the Sergeant as soon as practical, with details of the pursuit, prior to the Sergeant’s preparation of the Pursuit Report. In this situation the report shall go to the Section Lieutenant within three (3) days. The only exception to this is when the Watch Sergeant is on leave from the department, and in this case the Corporal will prepare the report.
D. The Patrol Section Lieutenant shall cause the Pursuit Report to be sent to the Chief of Police, (with a copy to the Field Operations Division Commander) for his/her review within three (3) days. The Chief of Police shall determine whether:
1. The pursuit was necessary and within departmental policy.
2. Training needs have to be changed.
3. Existing policies have to be reviewed and changed.
PM 2.04
Transportation of Prisoners
II. POLICY
It shall be the policy of this law enforcement agency to take the precautions necessary while transporting prisoners to protect the lives and safety of the officers, public, and the person in custody.
III. PROCEDURES
A. Vehicle Inspections
1. At the beginning of each tour of duty, all vehicles regularly used for prisoner transport shall be inspected for readiness as follows:
a. The safety screen shall be securely in place and undamaged;
b. All windows shall be intact, and outer door latches in proper working order;
c. Rear seat handles and window controls should be deactivated; and
d. The interior shall be thoroughly searched to ensure that no weapons or contraband have been left or hidden within the vehicle.
e. The seatbelt system shall be thoroughly checked to insure that it is in proper working order.2. If possible, prior to placing a prisoner in the vehicle for transport, the transporting officer shall again inspect the interior for weapons or contraband. The vehicle shall be searched again after the prisoner has been delivered to the detention facility or other destination.
B. Handcuffing
- If practical, officers shall handcuff (double lock) all prisoners with his/her hands behind their back and palms facing outward.
- The officer may handcuff the prisoner with his/her hands in front, or utilize other appropriate restraining devices where the prisoner:
a. Is it an obvious state of pregnancy;
b. Has a physical handicap; or
c. Has injuries that could be aggravated by standard handcuffing techniques. - Prisoners shall not be handcuffed to any part of the vehicle during transport.
- Additional approved restraint devices may be used to secure a prisoner who violently resists arrest or who manifests mental disorders such that he/she poses a threat to himself or to the public.
a. If additional restraints are used, close and continuous monitoring during the time the person is in the officers control is required. If practical, this type of transport should involve two officers.
1) Officers should attempt to transport the person in an upright, sitting position. If this is not practical, the person will be placed on his/her side and during transportation, efforts will be made to keep them in this position or to re-adjust his/her position. The person shall not be placed or allowed to stay on his/her stomach. An officer must be aware that in a prone, secured position, it is very difficult for any individual to breathe.
2) Officers should be aware of the potential for sudden, unexpected deaths resulting from drug induced or mental excited delirium. Subjects exhibiting the following symptoms should be watched closely and may be transported to the hospital if needed.
a) Bizarre and/or aggressive behavior;
b) Paranoia;
c) Unrealistic panic;
d) Unexpected physical strength; or
e) Sudden tranquility.
C. Transport
- Prior to transport, all prisoners shall be thoroughly searched for any weapons, contraband or tools of escape.
a. If practical, the protective search should be conducted by an officer of the same sex as the prisoner; and
b. The transporting officer should search the prisoner, unless a search was conducted in his/her presence. -
When transporting prisoners, the officer shall provide the communications center with the following information when possible:
a. Unit number and mileage readings before and after transport. - The officer should use care when assisting a prisoner into the vehicle for transport.
- Prisoners shall be transported in the following manner:
a. When the vehicle has a security screen, but only one transporting officer, the prisoner shall be placed in the back seat on the right hand side of the vehicle when practical. When no other vehicle is available for transportation and the vehicle used to transport a prisoner does not have a rear seat or security screen, the prisoner shall be placed in the right front seat.
b. When a prisoner is being transported in a two-officer vehicle without a security screen, the prisoner shall be placed in the right rear seat. The second officer shall sit in the left rear seat behind the driver.
c. Leg restraints may be used when an officer believes the prisoner has a potential for violent behavior.
d. All non-combative prisoners shall be secured in the vehicle by proper use of a seatbelt. Violent prisoners should be seat belted in if their conduct and restraint position allows. - Any wheelchairs, crutches, prosthetic devices and medication should be transported with, but not in the possession of, the prisoner.
- Prisoners shall not be left unattended. Any escape shall be immediately reported to the communications center.
PM 2.05
Unattended Death Procedure
II. PROCEDURE
A. Each death reported to this office will be investigated to the point of logical determination as to being natural, accidental, suicide, or homicide.
B. Natural or Accidental
1. The officer arriving at the scene of an apparent natural or accidental death will tactfully ascertain the facts surrounding the death. This should include information such as if that person has been ill, medical history, last time seen or heard alive, and any other questions necessary to establish the circumstances surrounding the death. The officer will then brief the on-duty patrol supervisor.
- The Investigations Section Commander shall be called with the information that is known. The Investigations Section Commander will make the decision if an investigator will respond to handle the investigation.
- If the Investigation Section Commander feels that the death is, in fact natural or accidental, from the information learned, the officer will conduct a thorough death investigation.** The investigation shall include information such as the description and position of the body, description of the scene, and photographs.**
C. Suicide
The officer arriving at the scene of what appears to be a suicide will obtain the facts surrounding the death. The officer will then brief the on-duty Patrol Supervisor. The on-duty Patrol Supervisor shall notify the Investigations Section Commander who will make the decision if an investigator will respond to investigate.
D. Homicide
The Investigation Section Commander shall be notified and investigators will be immediately dispatched to the scene of a homicide and will assume control of the crime scene and command of the investigation.
E. Traffic Deaths
Traffic fatalities will be investigated by the MCIT Team, per Policy 2.14.
F. Additional Information
- Where there is any question that the death was caused by criminal means, the scene will be preserved from contamination by the first officer on scene.
- The first officer arriving at the scene of a deceased person will be responsible for the initial incident report. Additional documentation will be through supplemental reports.
- Every member of this organization shall display the utmost in police efficiency and courtesy upon arrival at the scene of a death. At no time shall there be any conduct that would tend to be unprofessional or embarrassing to the Lewiston Police Department or its members.
- Death notification to the nearest relative is the responsibility of the investigating officer/investigator. The notification will be made with utmost compassion and a genuine offer of assistance. Utilization of the Chaplain should be considered.
