Procedure 7 (Communications) Flashcards
7.1 800 MHZ RADIO SYSTEM USE-Major Incidents-
During major incident field operations, the assignment of radio talk groups will be determined by the Communications Center Watch Commander. The Communications Center Watch Commander has the ability to provide multiple tactical talk groups in the event of a major incident. Communications Dispatchers will then instruct mobile units which talk groups to use, and the units will operate only on the assigned talk groups, except in emergencies.
NOTE: In any incident that operates under the Law Enforcement Incident Command structure, the use of 10 and 11 codes will be discontinued and “plain language” will be utilized.
7.3 MEDIA PUBLIC RELATIONS
Proactive and reactive interaction with the news media shall be the duty of every command. Station Captains, in particular should be high profile leaders in the communities they serve.
Each member of management should seek opportunities to publicly promote the activities of their command.
Every lieutenant and sergeant should understand that liaison to the news media is an important part of their job. Supervisors and managers need to be prepared to communicate with the public, through the media, anytime an issue of interest arises within their service area. For the majority of incidents in the field, courtroom, detention facility or other facility, the public information function should be performed by staff of the involved command. The Public Affairs Division is to be notified by telephone and/or an e-mail when information is released to the media, in order to prepare for any resultant media follow-up inquiries.
7.3 MEDIA PUBLIC RELATIONS-Major Crimes/Disasters etc..
The Sheriff’s Communications Center Watch Commander or designee shall coordinate the release of information to the news media regarding major incidents, major crimes or other newsworthy events for inclusion and dissemination in the morning report and website. The Watch Commander may call upon the Public Affairs Division for assistance, as needed.
The incident commander or ranking Department member or designee shall respond to media inquiries and assure a news release is prepared and forwarded to the Communications Center watch Commander. If Public Affairs assistance is requested, they will assume these duties upon arrival at the scene.
Whenever practical, the Department member who is most knowledgeable about a crime, an investigation, or other newsworthy event, should be designated to respond to media inquiries.
It shall be the responsibility of the person in charge of a crime scene or investigation to ensure timely and factual information is provided to the Communications Center Watch Commander.
Station, facility and division commanders/managers are responsible for the release of information within their command. They shall be responsible for responding to media inquiries about matters of public interest in their operational areas. This responsibility may be delegated to a subordinate; however commanders/managers remain accountable for the function.
7.3 MEDIA PUBLIC RELATIONS-Information That Shall Be Released
The Public Records Act and Government Code Section 6254(f) require that specific information be released to the public. The categories of information that must be released are:
Activity Logs
Date, time, nature, and location of all incidents or requests for service.
What action taken, if any.
Reporting party’s or victim’s name, age, and current address, except victims of specific abuse and sex crimes.
Arrestee Information
Full name, current address, and occupation.
Date of birth and physical description: sex, height, weight, color of eyes, and hair.
Date and time of arrest.
Location of arrest.
Factual circumstances surrounding arrest.
Date and time of booking.
Amount of bail.
All charges, including warrants and parole or probation holds.
Location where arrestee is being held.
Time and manner of release.
The names of individuals arrested and released pursuant to 849 P.C. shall not routinely be released unless an inquiry and specific request is made.
Suspect Information
(Releasable information prior to arrest or charge.)
Information shall not be released to the news media of the identity of any suspect, unless this is necessary to aid and assist in the investigation and in the apprehension, or to warn the public of any dangerous wanted person who is still at large.
Identity of the suspect.
Facts relating to the crime.
Crime/Incident Reports
Names and addresses of victims, arrestees, and witnesses, except confidential informants and victims of specific abuse and sex crimes.
Description of any property involved.
San Diego County Sheriff’s Department - Procedure Section
SECTION 7 Communications
Date, time, and location of incident.
All diagrams.
Statements of parties involved, except confidential informants.
Factual circumstances surrounding the crime or incident.
General description of any injuries, property, or weapons involved.
Any information necessary to obtain public assistance in the apprehension of a criminal suspect.
Any information warning the public of danger or of the nature and frequency of crime in the community.
Any information which might result in public assistance in any investigation.
Any description of the general scope of an investigation.
Information Regarding an Ongoing Investigation
Generally, information is withheld when release would:
Jeopardize successful case investigation.
Endanger a victim, witness or informant.
When release is legally prohibited, except that all information, properly and legally withheld, should be disclosed when the need for withholding it no longer exists.
Traffic Collision Information
Traffic collision reports are confidential except to those parties with a proper interest (drivers, owner of vehicle, insurance company, etc.)
No person other than a party of proper interest may look at or receive a copy of a collision report.
The following information may, however, be released upon request to the public or media:
Date and time of a collision.
Location of a collision.
Number and makes of vehicles involved.
Number of occupants and extent of injuries, if any.
A factual synopsis of the incident. If an arrest is involved, the provisions listed above shall apply. The names of juveniles arrested as a result of traffic matters may not be released.
7.3 MEDIA PUBLIC RELATIONS-Information That Shall NOT Be Released
Names, Addresses, and Identifying Information of:
Juvenile arrestees, detainees or suspects (under 18 years of age, except for governmental purposes.
Victims of any crime defined by Penal Code Section 261, 264, 264.1, 273a, 273d, 273.5, 286, 288, 288a, or 289.
Confidential Informants.
Individuals taken into custody under Welfare and Institutions Code Section 5150 (Dangerous or gravely disabled persons).
Criminal offender information.
Individuals listed as suspects, but not yet charged nor arrested or “mugshots” of criminal suspects, except to aid in their capture or to warn the public of any dangerous wanted person who is still at large.
Copies of “rapsheets” or any information obtained from “rapsheets”.
Information that may endanger the safety of any person, including law enforcement personnel.
Information that may jeopardize an investigation, related investigation, or law enforcement proceedings.
Any portion of a report which reflects the analysis, recommendation, or conclusion of the investigating officer.
Confidential information provided only by a confidential source.
Information that may disclose investigative techniques and/or procedures.
Information that may deprive a person of a fair trial.
Statements or opinions of a suspect’s character, criminal record or reputation, except to aid in apprehension of the suspect.
The existence or content of any admission or confession.
Any refusal by a suspect to make a statement.
The performance or result of any examination or test.
The testimony or credibility of any prospective witness.
Any statement on the possibility of a guilty plea or other charges being filed.
Any information known to be inadmissible as evidence in a trial.
Preliminary drafts, notes or memoranda which are not
retained in the ordinary course of business.
Records pertaining to pending litigation to which the public agency is a party until litigation is adjudicated or otherwise settled.
Personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of privacy.
The names of deceased persons shall not be released to the news media until the next of kin of the decedent is notified
7.3 MEDIA PUBLIC RELATIONS-Restricted Release of Certain Information
Statements of Department policy, official positions of the department, official responses to criticism of the Department, comments critical in content of another department, agency, institution or public official, or statements pertaining to pending or ongoing litigation involving the Department shall be made only by the Sheriff, Undersheriff or specific persons designated by the Sheriff.
Command personnel may release verbatim excerpts from the policy and procedure manual of the Department, or verbatim excerpts from written policies of their particular command, and may quote statutory law which affects the Department.
Command personnel may respond to criticism of their particular command or of the activities of members of their command, except when the criticism has resulted in an internal affairs investigation as a result of alleged misconduct.
The release of any information regarding an internal investigation of alleged misconduct by members of the Department or disciplinary action taken as a result of any such investigation shall be made only by the Sheriff’s Internal Affairs Division or their designee.
The release of any information regarding the employment history or performance of department members, except verification of current assignment shall be made only by the Sheriff’s Personnel Division or their designee. Guidelines for release of personnel information are contained in 832.7 P.C.
Requests for information regarding the status of individuals licensed to carry concealed weapons (CCW’s) or information contained in applications for CCW licenses shall be directed to the manager of the License Division. Only that information deemed “public” shall be released. That determination shall be made on a case-by-case basis pursuant to Government Code sections 6254(f) and 6254(u). In the absence of the License Division Manager, the request shall be directed to the acting manager of the License Division.
7.3 MEDIA PUBLIC RELATIONS-Release of Reports Relating to Juveniles
Per the Juvenile Court of San Diego, for governmental purposes, law enforcement agencies in San Diego County may release any information in their files regarding juveniles to the following:
The parents or guardians of said minor.
Foster parents.
The minor’s attorney.
All California District Attorney’s offices.
California Bureau of Investigation and Information (CII).
All California law enforcement agencies (including all of the many types of peace officers designated in Penal Code Sections 830, 830.1, 830.2, 830.4 and 830.9).
All California school systems.
All California Probation Departments.
All California Public Welfare Agencies.
California Youth Authority and its parole agents.
Department of Corrections and its parole agents.
Authorized court personnel.
Any California Court pursuant to subpoena from such court.
Hospitals, schools, camps, job corps, ranches, or placement agencies which require the information for the placement, treatment or rehabilitation of the juvenile.
The persons entitled thereto under Vehicle Code Sections 20008 - 20012.
Any coroner and/or Medical Examiner Investigator.
San Diego County Community Health and/or its subsidiary.
San Diego County Department of Public Health.
Community referral agencies, whether in or out of California, provided the forwarding law enforcement agency has first obtained the written consent of the parent or other person having legal custody of the minor.
San Diego County Department of Revenue and Recovery.
All information received by an authorized recipient listed above must not be further released by said recipient, except to other listed authorized recipients.
This does not prohibit the release of information about crimes or arrest reports as long as the juvenile’s identity is not disclosed, nor does it apply prior to the juvenile being taken into custody.
7.3 MEDIA PUBLIC RELATIONS-Access to Department Reports by News Media
To fulfill the requirements of statutory law and to keep the public informed on law enforcement-related issues, basic information will be released to the media, upon request, in as timely a manner as possible as set forth in this policy.
The following documents shall generally be made available for public examination:
Activity Logs
Arrest Reports
Crime/Incident Reports
Station commanders shall routinely make available for review copies of Activity Logs, Crime/Incident Reports and Arrest Reports excluding the information that is exempt from release. Station commanders or their designee, shall be available to the media, during normal business hours, for discussion and verbal amplification of reports if requested.
Court decisions have held that the selective release and selective exemption of information is prohibited. Once information is released to one party it becomes a public record and cannot be withheld from another member of the public (Black Panther Party vs. Kehoe [1974].)
Station and facility commanders are accountable for the decision to withhold any specific report or information to the media or general public. No member of the Department will give assurance to any person involved in an incident that the incident will not receive publicity.
Media representatives shall be permitted to obtain photocopies of Activity Logs, Arrest Reports and Crime/Incident Reports, except information not subject to disclosure. Copies of traffic
collision reports may not be released to the media unless the representative qualifies as a party of proper interest under 20012 V.C.
Photocopies shall be made available as set forth in P&P Section 6.26.
Media representatives shall not be permitted to read or obtain photocopies of reports beyond the expressed provisions of this policy.
