policy flash cards
High speed pursuits are only justified when?
reasonable grounds to believe the person being pursued committed or attempted to commit a serious felony
What is considered a serious felony?
actual or threatened attack which could result in death or series bodily harm
What is the paramount consideration in the decision to pursue?
reasonableness
The pursuit will be ultimately judged with regard to the reasonableness in light of what 4 factors?
- seriousness of offense known at the beginning2. Officer’s judgement and decision to continue the pursuit3. tactics used4. the outcome
To initialize and continue a pursuit, what factors should be considered?
- vehicle/ped traffic2. location for pursuit3. time of day/night4. weather and road conditions5. reason for pursuit6. speeds7. vehicle and driver capability
Under section ORC 4511.24, officers may pace an offender, but officers must not do what 3 things?
- not violate any traffic laws other than speeding2. must operate with due regard & safety for others3. must use siren when necessary to warn other drivers/peds
Initiation of a pursuit shall cause immediate notification to dispatch of what?
location, direction, reason, suspect vehicle/occupant description, speeds
If a pursuit is initiated with an unmarked car, it shall only continue under what circumstance?
serious felony
Ramming is allowed only under what circumstance? Direct approval must be given by whom?
fleeing suspect is endangering lives by use of a firearm; OIC
Roadblocks guidelines include what 3 factors?
- vehicles positioned w/ due concern for safety of innocent persons2. overhead lights on3. vehicle unoccupied
Prohibitions in pursuits include what 3 things? An OIC may assign add’l officer to the pursuit area.
caravaning, overtaking, paralleling
Pursuits that start in the city, but continue outside of the limits, will be terminated within a reasonable distance except for what?
serious felony
All pursuits are reviewed by whom? All pursuits are reviewed annually when?
Chief and Staff Commanders; December Staff meeting (becomes part of annual report)
Silent runs are authorized when?
12a, 10 at a bank, life-threatening felony in progress calls, alarms at a business during normal business hours, emergency call where the suspect may take a hostage
Pursuit policy is required to be reviewed how often?
annually
How often are employees to receive training on the Code of Conduct?
Annually
Uniformed officers at a parade will salute the American flag when it is how many paces from the officer?
6 paces
During the hoisting of the American flag, officers present and in uniform will?
Salute the flag
When the National Anthem is played, officers present and in uniform, including hat, will salute the flag. If not flag is present, officers will?
face and salute the band
When the National Anthem is played, officers not wearing a hat will do what?
Stand at attention
When an accident involved a City of Marion vehicle, a supervisor will be assigned to investigate under what circumstances?
- injury2. pedestrian involved3. member may be at fault4. extensive damage5. result of a pursuit
Members shall submit their off-duty employment requests every ___ months?
12 months
Class “A” uniform is worn when? Class “C” uniform is worn when?
funeral, formal, etc; normal duty
Consular Notification: Who is responsible for notifying an arrestee or detainee’s consular? A list of mandatory consular notifications will be kept where?
The arresting officer; in the LT’s office bulletin board.
Legally Mandated Authority: The PD’s authority and responsibility is granted by what section of the ORC?
ORC 737.11
Authority to Carry and Use Weapons: The PD’s authority for sworn officers to carry and use firearms is granted by what ORC code?
ORC 109.80.1
Constitutional Rights: If a suspect wishes to make a statement, but refuses to sign the waiver (form 1.7), who should sign the waiver? A notation shall be made as to the reason for the refusal.
A witness and the investigating officer
Constitutional Rights: Arraignment timetables are governed.by what ORC section?
ORC 2945.71
Constitutional Rights: If there is any question on what can be released to the media, the Staff Commander in charge of what shall be contacted?
Records Bureau
Constitutional Rights: What shall normally be released to the media?
- date and location of the offense2. name and address of the victim (except sex crimes/juveniles)3. name, address, charges against a formally charged suspect
Constitutional Rights: What will not be released to the media?
- suspect’s prior record2. motive3. evidentiary details4. content of statements5. possible pleas6. anything prohibited by judicial order
Warrantless Search and Seizure: What case law allows for an officer to conduct a stop and frisk of an individual when the officer has a tangible/reasonable belief to fear for his/her safety?
Terry v Ohio (1968)
Warrantless Search and Seizure: What case laws allow for the warrantless search of a vehicle under the movable vehicle exception?
Chambers v Maroney (1970) and US v Johns (1985)
Warrantless Search and Seizure: A warrantless search of a movable vehicle can be conducted when?
- PC that contraband or evidence exists in the car2. The vehicle is about to be or could be moved; and,3. Obtaining a warrant would be impractical
Warrantless Search and Seizure: In Anderson v Sanders (1979), the court held what in regards to exigent circumstances?
where the societal costs of obtaining a search warrant, such as the danger to law enforcement officers or the risk of loss or destruction of evidence, outweigh the reasons for prior recourse to a neutral magistrate, an officer can conduct a limited search and seizure.
Warrantless Search and Seizure: Examples of exigent circumstances include what?
- need to rescue (Mincey v Arizona (1978)2. danger of escape or destruction/removal of evidence
Warrantless Search and Seizure: An inventory search of a motor vehicle will include a documented inventory search of the vehicle and contents, including what?
including closed containers, contents of trunk/cargo area, exterior of vehicle, and engine compartment
Warrantless Search and Seizure: If access cannot be gained to a locked briefcase, box, luggage, etc, officers WILL / WILL NOT forcibly open locked containers unless a search warrant is obtained.
WILL NOT
Warrantless Search and Seizure: Search incident to a lawful arrest is allowed for what? Maryland v Blue (1990) and NY v Belton (1981)
- Protection of the officer2. Prevent the destruction of evidence
Warrantless Search and Seizure: Search incident to a lawful arrest is limited to what?
- Person2. Immediate area the detainee may access to get a weapon or destroy evidence
Warrantless Search and Seizure: What two case laws allow for the seize or evidence or contraband that is in plain view?
Coolridge v New Hampshire (1971),Horton v California (1990)
Procedures for Arrest: What ORC section allows for the arrest by anyone of someone who it is believed to have committed a felony?
ORC 2935.04
Procedures for Arrest: According to ORC 2935.07, when a person is engaged in the commission of a criminal offense, it IS / IS NOT necessary to inform him/her of the cause for the arrest.
IS NOT
Procedures for Arrest: Felony affidavits and warrants are filed with which court?
Municipal court of the county of offense
Procedures for Arrest: An officer may pursue outside of their jurisdiction and arrest and detain the person if?
- pursuit takes place without unreasonable delay2. pursuit is initiated within jursidiction3. offense is a felony, M1, M2, or where points are chargeable pursuant to 4510.036
Procedures for Arrest: A legal arrest is constituted of what four elements?
- An intent to arrest;2. Legal authority to arrest based on jurisdiction and venue;3. Accompanied by an actual or constructive seizure or detention or the person; and,4. Understood by the person being arrested.
Procedures for Arrest: What section of the ORC governs the procedures for arrest?
ORC 2935
Procedures for Arrest: The “no-knock” search warrant requirements are outlined in what ORC section?
ORC 2933.231
Procedures for Arrest: Which states are not violator compact states?
Michigan, Wisconsin, California, Montana, Oregon, and Alaska
Firearm Training: If an officer fails to qualify on their 3rd attempt, the officer assigned to a position that does not require a firearm and will be given how long to train under supervision?
2 weeks
Firearm Training: If, after the initial two weeks of training, the officer fails to qualify, the officer may be disciplined, but not?
may not be fired
Firearm Training: An additional two weeks will be given to train if after the first two weeks of training the officer did not qualify. If the officer does not qualify after the total of four weeks training, what happens?
the officer is terminated
Use of Force - Taser: Cartridges and probes of evidentiary value will be held a minimum of how many years?
2 years
Use of Force - Taser: Who is permitted to remove the Digital Power Magazine (battery) from the Taser?
Only a supervisor
Use of Force - Taser: Non-target areas for the Taser include what three areas?
head, neck, & groin
Use of Force - Taser: Do not use a Taser under which three specific conditions?
- suspect is in danger of falling2. in conjunction with OC spray (may be used after OC spray if it was ineffective)3. near flammable liquids
Use of Force - Taser: Probes that do not break the skin can be removed by who? Probes that are superficially in the skin will be removed by who? Probes that are in the face, neck, ear, breast, or groin or are deeply embedded will be removed by who?
Officer, MCFD, Doctor at MGH
Use of Force - Taser: A suspect who has the Taser cycled on them at least how many times will be taken to the hospital for treatment unless a supervisor decides he/she should go with less cycles due to circumstances?
4 or more times
Requesting Federal Assistance: Federal agencies will not normally be called upon for emergency situations. What people may call upon for federal help if needed?
Chief, Mayor, Staff Commander (for a criminal investigation and the Chief will be notified)
Requesting National Guard: The Mayor may appeal to who for National Guard Assistance?
Governor
Organizational Structure: The Planning and Research Function, Fiscal Mgmt, IA, Public Information function, SRT, and Community Involvement Coordinator falls under which division?
Chief
Organizational Structure: The Administrative Division is in charge of what?
Chaplain Program, Accreditation, Computer Operations, Emergency Operations, and the Property Room.
Written Directives: Training Bulletins may be issued by who?
Chief and Staff Commanders
Written Directives: Memos can be issued by who?
Any supervisor
Written Directives: Personnel Orders can be issued by who?
Chief or Staff Commander that it affects
Written Directives: General Orders can be issued by who?
Only the Chief
Written Directives: All written directives that revise rules, regs, policy, procedure will be disseminated how many days prior to adoption of the rule?
14 days; Staff Commanders have 3 days to respond with recommendations
Written Directives: All members will acknowledge all written directives within how many working days?
3 working days
Reserve Officer: An applicant for Reserve Officer must pass a written test with a score of no less than what percent?
70%
Reserve Officer: A Reserve Officer will be require to work how many hours per month?
minimum or 10 or maybe 20 hrs
Budget Process: The annual budget process begins in the month of April in the year proceeding and must be completed by when?
July 1st
Purchasing Procedures: For non-bid purchases, form 17.1 will be forwarded to the Chief, then the Safety Director, then the Auditor, and finally who?
Requesting Officer
Purchasing Procedures: For bid purchases, the Chief will submit specs, costs, and basis for need to the Safety Director. The Safety Director forwards it to who? They then forward it to who?
Finance Committee for City Council; Full City Council for vote
Purchasing Procedures: Normally, the City is required to provide how many days notice to allow bidders to submit sealed bids? After this time, the Safety Director holds what?
30 days; public bid opening
Purchasing Procedures: After the open bid, the Safety Director make a recommendation to who? Who then must approve it?
Finance Committee; Full Council
Purchasing Procedures: A funds transfer must have the approval of what three people/committees?
the Mayor, Marion City Auditor, and the Legislative Finance Committee for the City of Marion.
Purchasing Procedures: Supplemental appropriations must have the approval of what three people/committees? These appropriations also require what?
the Mayor, Marion City Auditor, and the Legislative Finance Committee for the City of Marion; approval in the form of an ordinance and the majority vote of City Council
Line Item Accounting: The Auditor provides a statement on the status of each line item how often?
Monthy
Cash Funds: The MPD cash funds are audited how often?
at least quarterly
Cash Funds: The petty cash, controlled by the Admin Bureau, will have no more than $____ total and are for purchases of no more than $____.
$100, $20
Control of Property: A physical audit of all property is required how often?
At least biennially
Maintenance of Class Specs: Human Resources operate under what report for class specs?
The Yarger Report
Maintenance of Class Specs: Changes affecting MPD must be approved by who?
City Council and Civil Service
EAP: Front-line supervisors and the Command Staff will be trained on EAP at Staff Meetings at least how often?
Yearly
EAP: Who reviews EAP with other employees?
Their supervisors
Off-Duty Employment: Off-duty employment is limited to how many hours per week?
20 hours
Grievance Procedure: A member receiving a grievance shall forward it to the Grievance Coordinator within how many hours?
72 hours
Investigation of Cases of Dismissal: An officer subject to dismissal shall be given a statement citing what three things?
- reason for dismissal2. effective date of dismissal3. statement of benefits due the officer
Records of Disciplinary Actions: The original copy of the personnel action is placed where? Where is this file kept?
the member’s personnel file; Chief’s office
Records of Disciplinary Actions: Where are two other copies of the personnel action placed?
with the administrative file supporting the action in the IA records and to the affected member
Recruitment Program: Which Staff Commander is in charge of the Recruitment Program?
Administrative
Recruitment Program: The Administrative Staff Commander shall keep apprised of what two areas in regards to recruitment?
Affirmative Action Plan and Equal Opportunity Plans
Affirmative Action/Recruitment Plan: The goal for minorities taking the Civil Service Exam is what percent of all applicants? What percent is the goal for females?
5% or more, 10% or more
Affirmative Action/Recruitment Plan: The PD shall strive to participate in minority job fairs within how many miles of Marion?
100 miles
Affirmative Action/Recruitment Plan: The PD shall speak to Tri-Rivers and the Marion Police Academy at least how often about needing a work force representative of the community?
annually
Affirmative Action/Recruitment Plan: Who is responsible for the implementation of this plan?
Chief
Affirmative Action/Recruitment Plan: At the end of a testing cycle conducted by Civil Service, what shall be done?
a statistical summary to be compared to the benchmark in this section
Hiring Process: All records created by the PD of a candidate appointed to probationary status shall be kept by who? Records for those not hired shall be returned to who?
Chief; HR dept
Training Committee: The Training Committee is composed of what five members? Who will act as Chairman?
- Staff Commander in charge of Training2. LT selected by the Gold OLC3. PTL selected by the Blue OLC4. Member of COCO OLC5. Member of USWA Labor group;staff commander in charge of training will be Chairman
Training Attendance Requirements: Members shall provide a copy of the certificate for the training within how many working days after completion?
2 working days
Lesson Plans: Who must approve a lesson plan if a member of MPD is providing training?
Chief
Training Conducted by MPD: The Training Unit shall maintain a record of each training class it conducts or hosts that includes what 4 areas?
- course content/lesson plan2. names of those in attendance3. performance on tests, if administered4. names/agencies of each instructor
Training Academy: Certification by whom of the OPOTA serves as proof of compliance of the recruit of training standards of the Training Council?
Executive Director of OPOTA
Field Training Program: Newly commissioned members are prohibited from accepting or working special duty until when?
They have completed FTO
Field Training Program: The Field Training Program will be considered complete when?
Chief directs in writing that the recruit has completed FTO and receives their permenant assignment.
Field Training Program: The FTO shall have who many years of experience?
3 years
Field Training Program: After the FTO period, platoon LTs will evaluate the member how often?
Monthly
Advanced Training Programs: What 4 factors are considered in deciding if advanced training requests are to be considered?
- training budget2. needs of the unit3. staffing levels4. needs of department
Accreditation Training: Training on accreditation shall be done when?
- for newly hired members2. annually3. as part of the self assessment4. prior to an on-site assessment
Performance Evaluation System: This system will include what 4 elements?
- measurement definitions2. procedures for use of forms3. rater responsibilities4. rater training
Personnel Evaluation System: If an employee wants to contest their performance evaluation, they shall forward a request to whom through the proper chain of command?
Chief
Personnel Evaluation System: If an employee disputes their evaluation, the Chief will interview the employee. Who may also be present? What may the Chief do at the conclusion of the interview?
The rater or the rater’s supervisor; the Chief may amend the eval
Personnel Evaluation System: How long are performance evaluations kept?
Permanently
Unsatisfactory Performance: Non-probationary employees will be advised how when their performance is unsatisfactory and at least how many days prior to the end of the annual rating period?
In writing, at least 90 days
Personnel Early Warning System (PEWS): What three steps comprise PEWS?
- Identification2. Development and Implementation3. Documentation and Conclusion
Personnel Early Warning System (PEWS): Whose responsibility is it to observe and document conduct and behavior of employees?
first-line supervisor
Personnel Early Warning System (PEWS): First-line supervisors are tasked with taking remedial action, such as what three things?
- training recommendations2. referral to EAP3. personnel counseling
Personnel Early Warning System (PEWS): Any remedial action is to be documented by Memo and forwarded to who?
Chief